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Golam Beg Vs. Hajera Begum, 2010, 39 CLC (HCD)
.... written statement if the plaint is amended. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 452. ......eg…………………….Petitioner Vs. Hajera Begum…………………Opposite Party Judgment July 5, 2010. Result: The Rule is made absolute. Cases Referred to- Safaruddin Vs. Fazlul Huq, 49 DLR (AD) 151. Lawyers Involved: No one appears - For the Petitioner. ......ee and those of the trial Court have no foundation and, as such, the impugned Judgment and decree cannot stand. 10. It is well settled that CS record has got a presumptive value though rebuttal in nature. That is why in a title suit relating to land like the instant one, the plaintiff claims titl..Category: Property Law | Date: | Hits: 103
Tarique Rahman Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....y, the Rule is discharged without any order as to costs. The trial Court is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ......s. The trial Court is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ......undering’ was an offence under Money Laundering Act, 2002. In the Act of 2009, the, definition of ‘money laundering’ has been specific and remains unaltered. With some amendments of explanatory nature of "money laundering" Money Laundering Prevention Ordinance, 2008 was promulgated and publish..Category: Criminal Law | Date: | Hits: 112
....t, Dhaka in Title suit No.83 of 2007 rejecting the plaint of the suit is maintained and upheld.
Send down the lower Court records.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 359.
......1) 359.
......plaintiff and in the process the plaintiff was suspended by the then Managing Director by a letter dated 22-9-1993; that thereafter on 27-11-1993 he was served with a charge sheet issued under the signature of Mr. Kazi Mesbahuddin Ahmed then Managing Director of the IFIC Bank and the plaintiff duly ..
Category: Employment/Service Law | Date: | Hits: 175
Anwar Ali Vs. State, 1987, 16 CLC (HCD)
....ction. 16(3) read with section 16(I) (a) of the Special Powers Act. He may be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 450. ......ct. He may be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 450. ......the loan. In case of the breach of the obligation to repay the loan the Bank may take recourse to the said articles 33, 34 and 35 to recover the loan. The liability of the loanee is thus civil in nature." 8. In section 2(f) (viii) of the Special Powers Act the expression "prejudicial act" has..Category: Criminal Law | Date: | Hits: 108
....lt all the three appeals are dismissed but in the facts and circumstances of the case we direct the parties to bear their own costs.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 125.
......and circumstances of the case we direct the parties to bear their own costs.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 125.
...... of both the policies which provide as follows:—
"The Company agrees (subject to the conditions contained herein or endorsed or otherwise expressed hereon which Conditions shall so far as the nature of them respectively will permit be deemed to be Conditions precedent to the right of the Ins..
Category: Business or Commercial Law | Date: | Hits: 290
Soleman & Others Vs. State, 1989, 18 CLC (HCD)
....umber of reference books available to this Court for this case. We acknowledge such praiseworthy endeavour and assistance with thanks. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 118. ......acknowledge such praiseworthy endeavour and assistance with thanks. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 118. ......dead body is recovered later on. 16. In order to justify that the abductors have committed the murder or aided the commission thereof, there must be some materials or evidence of unimpeachable nature from which an irresistible conclusion that the accused alone committed the crime, can be dr..Category: Criminal Law | Date: | Hits: 141
Abdul Latif & another Vs. Attar Ali, 1989, 18 CLC (HCD)
....appeal below occasioning any failure of justice, no interference is called for. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115.......r as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115.......a of his predecessor dated 21.6.1932 about the existence of the disputed pathway is a clear indication to put the servient owner to be regarded as reasonable man on clear notice that a right in the nature of an easement was being asserted or claimed over the property by their free movements. ..Category: Civil Law | Date: | Hits: 152
Alam Ara Huq Vs. Govt. of Bangladesh and others, 1989, 18 CLC (HCD)
....judgment and order be transmitted to the Secretary, Ministry of Home Affairs immediately for his perusal and necessary future action. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 98. ......e Affairs immediately for his perusal and necessary future action. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 98. ......by the Constitution in the High Court Division cannot be limited or taken away by a sub-constitutional legislation. 26. What the petitioner has challenged is the detention of her husband and the nature of custody that the respondents are exercising over him. In doing so the respondents may pass..Category: Criminal Law | Date: | Hits: 107
Rahmatullah Vs. State and another, 1995, 24 CLC (HCD)
....accordingly discharged. The orders of stay passed earlier are hereby vacated. Sent down the lower Court records expeditiously. Ed This Case is also Reported in: 48 DLR (HCD) (1996) 158. ...... passed earlier are hereby vacated. Sent down the lower Court records expeditiously. Ed This Case is also Reported in: 48 DLR (HCD) (1996) 158. ......ther investigation in the matter. These petitions were not filed by or through the Public. Prosecutor engaged in the case. The CID official on his own filed these petitions. In sessions cases of this nature it is the Public Prosecutor who represents the State as provided under section 265A of the Co..Category: Criminal Law | Date: | Hits: 99
State Vs. Lokman Miah, 1995, 24 CLC (HCD)
.... the use of confession and admission is that this must either be accepted as a whole or rejected as a whole and that the Court is, not competent to accept only the inculpatory pan while rejecting the exculpatory part as inherently incredible." 26. It is also observed in the case of Naukar Mouledi......ions Judge, Narayanganj in Sessions Case No.50 of 1988 on 15.6.92 is hereby set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 149. ......shing his duty. On 17.9.88 he heard that Humayun was killed by Lokman by beating. He stated that Lokman was on duty on 16.9.88. 7. P.W.3 Haji Abdul Gafur is a seizure‑list witness and put his signature in the seizure‑list. He stated in his cross‑examination that the building in which the ba..Category: Criminal Law | Date: | Hits: 73
Baseruddin Pramanik (Md.) Vs. Golapjan Bewa and others, 1995, 24 CLC (HCD)
....result, the Rule is discharged. The pre-emption is allowed. Costs all through against the petitioner. Sent down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 137.......ecords at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 137....... of the deed itself in finding that it was a deed of sale and not of exchange. He also submits that in a pre-emption proceedings only the recitals of the deed of transfer are the evidence to find the nature and kind of the transfer and the consideration of the surrounding facts and circumstances is ..Category: Property Law | Date: | Hits: 89
Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....1991 having not been before this Court, the impugned Ordinance having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. ......ce having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. ......f ballot is the very essence of democracy and a person electing any person by a secret ballot would be free to express his opinion freely which is the basis of all free elections and is democratic in nature but in the instant case as it is argued before the other Bench and repeated here also that th..Category: Constitutional Law | Date: | Hits: 414
MG Jilani Vs. Md. Wahed Uddin Sardar, 1989, 18 CLC (HCD)
....ut any order as to costs. The order of stay granted by this Court is vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 348. ......1992) 348. ...... question. This Power is, however, discretionary, and it clearly indicates that Small Cause Court has the power to decide an incidental question of title in a suit which is essentially of Small Cause nature, in case it chooses not to return the plaint. Its decision on the question of title will not,..Category: Civil Law | Date: | Hits: 140
M M Rahmatullah Vs. State, 1992, 21 CLC (HCD)
....cated. The learned Special Judge is directed to hold the trial expeditiously. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 576. ......o hold the trial expeditiously. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 576. ......r Pradhan and 7 others and Criminal Revision No.647/92 at the instance of Shahinur Islam and another and all the Rules having arisen out of the same Special Case No.11 of 1992 being almost similar in nature were heard simultaneously and disposed up by separate Judgment. Two other Rules being Crimina..Category: Criminal Law | Date: | Hits: 81
Bangladesh Inland Water Transport Authority Vs. United Trading Corporation, 1989, 18 CLC (HCD)
....der of the learned Subordinate Judge cannot be sustained. In the result the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 513.......(Civil Revisional Jurisdiction) Present: Mustafa Kamal J Md. Mozammel Hoque J Bangladesh Inland Water Transport Authority...................................Petitioner Vs. United Trading Corporation............................................Opposite Party Judgment May 29, 198......tive claim against the defendant-petitioner, does not claim any sum either more or less than the sum awarded by the Arbitrator. The claim on interest is a subsequent claim, but it does not change the nature of the claim altogether. 3. The plaintiff does not want the Court to determine the damag..Category: Civil Law | Date: | Hits: 142
Janata Bank Vs. Mohiuddin Specialised Textile, 2009, 38 CLC (HCD)
....l be paid in Money Suit till realisation of decreetal amount. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 501. ......d. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 501. ......y on the basis of the recommendation of the Cabinet Committee as approved by the Prime Minister vide aforesaid Memo dated 8-5-94. The High Court Divisions misconception was there but the misconceived nature of the petitioner's writ petition was equally showing. Unfortunately, the High Court Division..Category: Civil Law | Date: | Hits: 141
Abdul Quayuam Khan Vs. Abu Yusuf Mridha, 1997, 26 CLC (HCD)
....e date of such information the period of payment of the amount in question should be calculated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 386. ......1997. Result: The Rule is discharged without any order as to costs. Case Referred to- Asadunnessa and others Vs. Kamruzzaman and others, 26 DLR 363. Lawyers Involved: Rafiqul Hossain on behalf of Quamruzzaman, Advocate — For the Petitioner Mihir Kanti Majumder Advocate — F......on of the legislature to include the above provision in the law is to stop transfers of immovable property in contravention of any law of the land. Non impleading simpliciter in a suit of the present nature would, in my opinion, not invalidate the decree and moreover, in the instant suit there being..Category: Procedural Law | Date: | Hits: 129
Sourja Bala Devi Vs. Habibullah Sheikh, 1989, 18 CLC (HCD)
....rovision of Order 41 Rule 27 of the Code of Civil Procedure. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 463.......itioner. Md. Abdul Kuddus Miah, Advocate - For the Opposite Parties. Civil Revision No. 200 of 1984. Judgment MS Ali J.- This Rule under section 115 of the Code of Civil Procedure calls in question the judgment and order dated 31.5.84 passed by the Subordinate Judge, Lakshmipur in Misc...... 15. In the facts and circumstances of the case it ought to have been made an issue as to whether said Luthfur Rahman was really the care-taker on behalf of the petitioner Sarajubala because the nature of the auction-purchase would depend largely on the determination of this question on the bas..Category: Property Law | Date: | Hits: 106
Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)
....ucation as education makes a man a bit responsible. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 483. ......down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 483. ......age, on the other hand, is damage of such a kind that it will not be presumed by the law and it must therefore be expressly alleged in those pleadings so that the defendant may have due notice of the nature of the claim. 42. Compensatory damages are awarded as compensation for, and are measured b..Category: Civil Law | Date: | Hits: 339
Khaled Akbar Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)
....stice calling for our interference by this Court in these cases. Consequently these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 66. ....... - These three Rules are heard together and are disposed of by this Judgement as they arise out of the same judgement passed by the Member. Arbitration Appellate Tribunal and District Judge, Dhaka in Arbitration Appeal Nos.1/87 and 2/87 allowing in part and modifying the Award passed by the Arbit......n under section 28 of the Ordinance. 15. Now coming to the question on merit, it is found that the Appellate Tribunal as a Court of fact has considered the claim of the respective parties, the nature of land, the evidence both oral and documentary and the law and has come to an independent ..Category: Alternative Dispute Resolution | Date: | Hits: 280
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