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Hosna Ara Begum others Vs. Montaj Ali and ors. 2003, 32 CLC (AD).

....sion in Civil Revision No. 1200 of 1996 are set aside and the judgement and decree dated 8-11-1995 passed by the SCC Judge, Sadar, Sylhet, in SCC Suit No. 3 of 1992 are restored.  Ed. ......fendants defaulters or not for the period as alleged by the plaintiff and sent the suit back on remand to the trial Court to write out judgment afresh considering the evidence on record both oral and documentary.  3. Plaintiffs then obtained leave on the High Court Division itself could ..

Category: Civil Law | Date: 15 Jan, 2001 | Hits: 163

Abdur Rouf Chowdhury Vs. Abdul Hashem (Hashu) and another, 2000, 29 CLC (HCD)

....nger of being wasted or damaged and so the impugned order of local inspection has been passed in utter misconception of the provision of Order 26 rule 9 and Order 39 rule 7 CPC occasioning failure of justice and the learned Assistant Judge has also not directed any points for local inspection for wh......t in possession of the suit land in part performance of the contract as claimed by the plaintiff and so the inspection as prayed, is necessary and the learned Assistant Judge, on consideration of the documents produced before it, passed the impugned order and accordingly, no interference is at all c..

Category: Property Law | Date: 17 Oct, 2000 | Hits: 136

Prativa Rani Dey Tirtha Vs. Dr. Mohammad Yousuf, Chittagong Medical College & Others, 1999, 28 CLC (AD)

....8-1996 summarily rejected the petition. Against this order the appellant preferred this appeal. 3. Leave was granted to consider the fact that not only that the accused persons are fugitive from justice, there being no reason in the Government order for withdrawal of the case and section 494 of...... of 1996 is also set aside. The learned Divisional Special Judge is hereby directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 8. ..

Category: Anti-Corruption Laws | Date: 10 Aug, 1999 | Hits: 94

Rokeya Kabir Vs. Government of Bangladesh through the Ministry of Home Affairs and others, 1999, 18 CLC (HCD)

....r be sent to the Judge of Cruelty to Women and Children, Special Court, Dhaka and the Women Support Centre, Mirpur, Dhaka immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 234. ......r be sent to the Judge of Cruelty to Women and Children, Special Court, Dhaka and the Women Support Centre, Mirpur, Dhaka immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 234. ..

Category: Women and Children | Date: 26 May, 1999 | Hits: 98

State Vs. Abdul Wahab Shah Chowdhury, 1999, 28 CLC (AD)

....t the criminal proceeding which is being or has been launched against him is being or has been taken with an ulterior motive, political or otherwise, for harassing the accused and not for securing justice, in a particular case. The only other case where the prayer may also be considered may occu......here will be a specific statutory sanction of granting anticipatory bail with positive conditions and directions. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 242. ..

Category: Criminal Law | Date: 25 May, 1999 | Hits: 79

Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,

....ed to us that Hazrat Hasan Bin Ali (R) gave his divorced wife 10,000 Dirhams in those days. It is our understanding that the Holy Quran has left the quantum of mata’a to the Godliness, sense of justice, equity and fairness on the part of the husband, since it is a voluntary payment. The libera......r that the interpretation given by the learned Judges is not and cannot be acceptable because it brings conflict and even on the general criterion of interpretation as they also would not deny that a document should be read as a whole, interpretation of the learned Judge should be rejected…&h..

Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262

Imtiazur Rahman Farooqui (Md.) (MI Farooqui) Vs. Bureau of Anti-Corruption and Others, 1998, 27 CLC (HCD)

....out lawful authority and to be of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 421. ...... inasmuch as neither section 94 of the Code of Criminal Procedure nor Articles 31/50 of the Anti-Corruption Manual authorises the issuance of a direction to produce any information as distinct from a document in the absence of any specific case in relation to which it is relevant. There cannot be an..

Category: Anti-Corruption Laws | Date: 15 Nov, 1998 | Hits: 181

Molla Habibur Rahman Vs. Board of Intermediate and Secondary Education, Jessore and others, 1998, 27 CLC (HCD)

.... authority and to be of no legal effect. The order of stay granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 115. ......ved by respondent No. 2 namely the Inspector of Schools, Board of Intermediate and Secondary Education, Jessore on the opinion of their legal adviser who having considered all the relevant papers and documents regarding the constitution of the Managing Committee, report of the School Inspector, Bari..

Category: Civil Law | Date: 19 Aug, 1998 | Hits: 100

Harun-or-Rashid and others Vs. Quyum Khan and others, 1998, 27 CLC (HCD)

....dvertence at the time of drafting the plaint, for plot No.2892 in place of 6892 and ROR plot No. 2896 in place of 8696 were wrongly inserted and these were required to be corrected in the interest of justice. The learned Senior Assistant Judge by his impugned order dated 26-11-96 rejected the pet......he impugned order dated 20-6-96 passed by the Senior Assistant Judge, Jamalpur in Other Class Execution Case No.10 of 1990 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 150...

Category: Property Law | Date: 12 Jul, 1998 | Hits: 31

Social Marketing Company Vs. Universal Pharmaceuticals Ltd. and another, 1998, 27 CLC (HCD)

....e a Court of law for hearing, it is incumbent upon a particular judge to decide the matter in the exercise of his jurisdiction within his competence in accordance with law and also in the interest of justice with most expedition. The justice should not only be done but it should be shown to have bee......y of the parties except on an extreme urgency. With the above observation and direction this application is therefore disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 587. ..

Category: Civil Law | Date: 4 Jun, 1998 | Hits: 106

Idris Shaikh Vs. Jilamon Bewa and others, 1997, 26 CLC (AD)

....eason to differ. We have nothing to interfere in this case.  The petition is dismissed accordingly.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 161. ......eason to differ. We have nothing to interfere in this case.  The petition is dismissed accordingly.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 161. ..

Category: Contract Law | Date: 11 Dec, 1997 | Hits: 221

Bangladesh Moktijoddah Kalyan Trust rep. by MD Vs. Kamal Trading Agency & others. 1997, 26 CLC (AD)

....erest at the rate of 6% from 5-6-86 till realisation; failing which it will be executed as a money decree in the usual course. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ......tive parties and ignoring the law wrongly held that there was a concluded contract for sale of the disputed property which was amenable to enforcement under the law. He referred to the plaintiffs own documents, particularly Exts. 8(ka) and 11, and submitted that the plaintiffs own case is that their..

Category: Contract Law | Date: 6 Nov, 1997 | Hits: 292

Md. Khalilur Rahman Vs. The State, 1977, 6 CLC (HCD)

....titution or continuance of criminal proceedings against an accused person may amount to the abuse of the process of the Court or that the quashing of the impugned proceedings would secure the ends of justice.” 14. Even in the case of AT. Mridha, reported in 26 DLR (SC) 17 their Lordships ...... the allegation, inter alia, that the accused-petitioner occupied forcibly the properties of Puthia Raj Estate. These properties were subject of an illegal and invalid exchange with the owner and the documents of exchange are forged. The petitioner was arrested by the police and was sent to hajat. A..

Category: Criminal Law | Date: 12 Aug, 1997 | Hits: 2

Akbar Hossain Khan (Md.) and another Vs. Md. Awlad Hossain Khan and another, 1997, 26 CLC (HCD)

....ubmits that on misreading and non‑reading of the material evidence on record the learned Assistant Judge allowed the miscellaneous case in a most casual and arbitrary manner, occasioning failure of justice. 8. None appears for the opposite parties. 9. In this case it is an undisputed fac......89 is dismissed. The order or stay granted earlier by this Court is hereby vacated. Send down the LC records at once. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 561. ..

Category: Tenancy Law | Date: 17 Jun, 1997 | Hits: 126

Abdus Samad Khan and 3 others Vs. State and another, 1997, 26 CLC (HCD)

....section 5(6) of the Criminal Law Amendment Act, 1958, that the Special Judge is competent to take cognizance and before or after taking cognizance may pass order for further investigation for ends of justice but in cases where the police is of opinion that further investigation is necessary then as ......of an offence after a report under sub-section (1) has been forwarded to the Magistrate and whereupon such investigation, the Officer-in-Charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidence ..

Category: Criminal Law | Date: 3 Jun, 1997 | Hits: 67

Bangladesh Air Service (Pvt) Ltd. Vs. British Airways PLC., 1997, 26 CLC (AD)

....ted from the on this question of public policy but those are unnecessary for the primary point in issue in the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 187. ......ted from the on this question of public policy but those are unnecessary for the primary point in issue in the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 187. ..

Category: Contract Law | Date: 8 May, 1997 | Hits: 267

Akhtar Hossain Vs. Bangladesh, represented by the Secretary, Ministry of Works and others, 1997, 26 CLC (HCD)

....tion-10 Mirpur Housing Estate (Holding No.10-B, 11/8- Mirpur, Dhaka within 4 (four) months from date. There is no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 148.......spect of filed property in question in the Gazette is also legal. 4. The Court of Settlement on consideration of the materials on record observed as follows: “On careful consideration of the document, facts and the evidence available on record we can arrive at conclusion that the petitioner..

Category: Property Law | Date: 13 Mar, 1997 | Hits: 31

Subbatara Begum Vs. Ansaruddin, Officer-in-Charge, 1997, 26 CLC (HCD)

....orrow and remorse and begged for unconditional apology and since it is not found that on any previous occasion in his long service life he has done anything like that, we are of the view that ends of justice will be met if we accept the apology and discharge the Rule giving the contemner sufficient ......Mr. SM Abdus Samad and also to the Secretary, Ministry of Law, Justice and Parliamentary Affairs, for keeping it in the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 339. ..

Category: Women and Children | Date: 16 Jan, 1997 | Hits: 172

Solaiman (Md.) Vs. Begum Rezia Khatoon, 1996, 25 CLC (HCD)

.... the questions falling for determination are, whether the impugned order passed by the learned Subordinate Judge, 1st Court, Dhaka in dismissing the Review Case No.7 of 1984 has occasioned failure of justice and whether this Rule has become infructuous for satisfaction of the decree after the leave ......ner, felt difficulty to support the Rule.   In the result, the Rule is discharged without any order as to cost. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 437. ..

Category: Tenancy Law | Date: 28 Oct, 1996 | Hits: 128

Latifur Rahman (Md.) Vs. Ministry of Law and Parliamentary Affairs, 1996, 25 CLC (HCD)

....d issued without any lawful authority and is of no legal effect. As a result, the Rule is made absolute without any order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 434. ......d issued without any lawful authority and is of no legal effect. As a result, the Rule is made absolute without any order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 434. ..

Category: Civil Law | Date: 17 Jul, 1996 | Hits: 32