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Ibrahim Khalil and others Vs. Mujibur Rahman and others, 2012, 41 CLC (AD)
....ific performance of contract, the question to be decided whether there had been a valid contract between the parties and whether consideration money was paid as per terms of the contract. There is no scope for consideration of the issue of title of contesting defendants in a suit for specific perfor......servation that the findings of the Courts below not relating to specific performance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ..Category: Civil Law | Date: | Hits: 186
Md. Rafiqul Islam alias Rafique Vs. State, 2011, 40 CLC (HCD)
....ion Case No.40 of 1994 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in: ......ions Judge, by his order dated 24.1.1995 framed charge against the appellant under section 302 of the Penal Code and proceeded with trial in absentia, as the appellant in the meantime was released on bail and thereafter did not turn up to face the trial. 3. In support of its case, the prosecution..Category: Criminal Law | Date: | Hits: 101
SM Sabbir Hasan Vs. State, 2011, 40 CLC (HCD)
....ermitted to take back the certified copies of the annexures on substituting with photo copies of the same, except the impugned order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 368. ......uee J SM Sabbir Hasan (in Custody)………………….Accused-Petitioner Vs. State ……………………Opposite Party Judgment March 14, 2011. Result: The application for bail is rejected. Case Referred to- 14 MLR 482. Lawyers Involved: Abdul Matin Khasru, Ad..Category: Criminal Law | Date: | Hits: 111
Commissioner of Customs, Chittagong Vs. Tectonics and others, 2010, 39 CLC (HCD)
.... received. He next submits that it has been clearly stated in the application for condonation of delay that the appellant received the order of the Tribunal on 22-10-2006 and therefore, there is no scope to file the appeal after 90 days from 22-10-2006. He lastly submits that section 5 of the Limi......al. Accordingly, we find no merit in this rule and the rule is thus discharged without cost. Thus, the Customs Appeal is dismissed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 367. ..Category: Procedural Law | Date: | Hits: 111
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. ......nch of the High Court Division u/s 561A Cr.P.C. for quashing the Criminal Proceedings. The Division Bench at Rangpur summarily rejected the application on 18.11.85. After being released on ad interim bail the accused continued to abscond from 19.11.85 in spite of orders passed by the Tribunal to sec..Category: Criminal Law | Date: | Hits: 108
Jalaluddin Vs. Mrs. Bilkis Rahman & State, 1989, 18 CLC (HCD)
....rthwith from illegal custody if not wanted in any other case. The suo motu Rule being Criminal Revision No.32 of 1988 is discharged. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 107. ......any proceedings of such inferior Court and may, when calling for such record, direct that the execution of any sentence be suspended and, if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the record". 439. (1) In the case of any proce..Category: Criminal Law | Date: | Hits: 101
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. ......was arrested by the police from the Agrani Bank, Laldighi Branch, Chittagong and was remanded to custody. In Criminal Miscellaneous Case No. 921 of 1986 the learned Sessions Judge, Chittagong granted bail to the detenu on 24.12.86 on the ground that no charge could be established against the detenu ..Category: Criminal Law | Date: | Hits: 107
Mozibul Huque Vs. State and Others, 1996, 25 CLC (HCD)
.... Court below which is directed to issue warrant of arrest against the accused persons for securing their production before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 146.......1987 had no matter of application in the case and the order dated 4.11.89 was illegal and as such revival of the case on 1.1.90 is legal. 5. It appears from the record that the petitioner obtained bail from the Magistrate after submission of the charge-sheet but did not appear in the Court of the..Category: Procedural Law | Date: | Hits: 99
Sultan Ahmed alias Sentu Vs. State, 1994, 23 CLC (HCD)
....prayer for investigation of the case before the learned Chief Metropolitan Magistrate which was rejected by order dated 15.7.91 with observation that after acceptance of the charge-sheet there was no scope for investigation of the case. Against the order of the learned Magistrate the informant of th...... The Rule is made absolute and the order of cognizance against the present petitioner taken by the learned Sessions Judge be set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 143...Category: Criminal Law | Date: | Hits: 92
Abu Sama Vs. Abu Syed and others, 1995, 24 CLC (HCD)
....es the relief allowed by the impugned order and if it is legal. Under section 151 CPC as I see the Court can assume enough power to do justice in the circumstances of the instant case. So there is no scope to say that the Court became Functus officio and had no jurisdiction. Mr. Faruque Ahmed fail t......, the Rule is discharged with costs all through against the petitioner. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 141...Category: Procedural Law | Date: | Hits: 124
Baseruddin Pramanik (Md.) Vs. Golapjan Bewa and others, 1995, 24 CLC (HCD)
.... is raised that a purported transfer is not a real transfer but a benami transaction in the sense that transfer holds the property on behalf of the transferor, such a question falls within the proper scope of an enquiry under section 26F; I myself also have gone through the decision in the case of P......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...Category: Property Law | Date: | Hits: 89
Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)
.... be a very rare case in this sort of election limited to three hundred thirty voters only out of millions of population in Bangladesh and when everybody would know everybody and there would be little scope for impersonation, However, as observed herein before the question of possible political ruin ......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. ..Category: Constitutional Law | Date: | Hits: 414
SM Shafiul Azam and others Vs. Director of Labour and others, 1991, 20 CLC (HCD)
....es filed by the terminated employees were pending in the Labour Court and that the matter of the membership of the union was under investigation in the Directorate of Labour and as such, there was no scope for respondent No.1 to accord permission to file case against the Bank Management for unfair l...... effect. Let the order passed by this court earlier staying the further proceeding of criminal case No.10 of 1990 be vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 582...Category: Labour and Industrial Law | Date: | Hits: 176
Kazi Mohammad Elias Vs. Firdous Ara @ Sara, 1989, 18 CLC (HCD)
.... Sessions Judge, Dhaka and it was numbered as Crl. Misc. Case No. 1441/87. The learned Sessions Judge on hearing both the parties held the view that the application was premature and there was little scope for the Criminal Court to determine the custody of the minor child in favour of the mother, th......or the recovery of the minor child under section 100 of the Code of Criminal Procedure. 3. The petitioner appeared before the Chief Metropolitan Magistrate, Dhaka on 17.6.87 and he was admitted to bail. On 21.7.87 the complainant submitted an application before the Chief Metropolitan Magistrate..Category: Family Law | Date: | Hits: 255
Shamsur Rahman alias Shamsu Moral and another Vs. State, 1998, 27 CLC (HCD)
....tion 561A of the CrPC for the ends of justice. Accordingly, we do not find any merit in this application. And hence, it is rejected. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 338....... appeal and accordingly, the same was dismissed for non-prosecution. It further states that in this petition that other co-accused have preferred appeal in this Division and some of them were granted bail. 3. There are large number of decisions of the superior Court that even a non-appealing co-a..Category: Criminal Law | Date: | Hits: 91
Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)
....ave been committed by the servant in the course of his employment. 31. Unless the wrong done falls within the course of the servant's employment, the master is not liable. A wrong falls within the scope of employment if it is expressly or impliedly authorized by the master or is an unauthorized m......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. ..Category: Civil Law | Date: | Hits: 339
Majeda Khatun @ Majeda Rahman Vs. State, 1988, 17 CLC (HCD)
....l be free to cancel the bail of the petitioner in case of any violation of the privilege of bail granted hereby to her by this Court. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 76. ......oner. Kaiseruddin Ahmed, Deputy Attorney General— For the State. Criminal Miscellaneous Case No.31 of 1988. Judgment Muhammed Ansar Ali J.- This Rule arises out of an application for bail under section 498 of the Code of Criminal Procedure at the instance of the accused petitioner M..Category: Criminal Law | Date: | Hits: 105
Gani Mia & another Vs. U.N.O., Biswanath, District Sylhet & Others, 1988, 17 CLC (HCD)
....t be added under Order 1, rule 10 of the Code in order to enable him to import an altogether new cause of action into the pending litigation. The addition of the new party must be consistent with the scope and the setting of the pending litigation. It has been further observed in this decision that ......and as such it calls for interference. The impugned order be set aside and the Rule be made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 72. ..Category: Procedural Law | Date: | Hits: 193
Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)
....e Suo Motu Rule No. 47/89 is also discharged. Let a copy of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ......ance of accused petitioner Shah Alam Chowdhury was issued on 13.2.89 calling upon the Deputy Commissioner, Dhaka to show cause why the accused petitioner Shah Alam Chowdhury should not be enlarged on bail in Sessions case No.118 of 1988 under sections 302/34 arising out of Dhanmondi P.S. Case No. 3(..Category: Criminal Law | Date: | Hits: 127
Muktar Hussain Khan Vs. Suresh Chandra Dey & Others, 1989, 18 CLC (HCD)
....turbed by this Court of revision. But the findings of fact based on erroneous exposition of law as found in the instant case can be disturbed. The lower Appellate Court failed to comprehend the scope of onus of proof in a case coming under section 27(b) of the Specific Relief Act, 1877. Having...... provision of Order 41, rule 27 of the Code of Civil Procedure. The Rule is, therefore, made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 86. ..Category: Civil Law | Date: | Hits: 133
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