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Mayajan Bibi Vs. Monohar Ali, 1984, 13 CLC (HCD)
....r Order 9, rule 13 C.P.C. The Rule is, accordingly, made absolute without any order as to costs and the impugned order set aside. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 68. ......for such relief are made out Such was the observation made by PC. Chakravartti, CJ. of High Court in the case of Tulsiram Bhagwandas reported in AIR 1959 Cal. 379. 8. Thus in view of the settled principle of law as referred to above it is abundantly clear that the learned Munsif acted illegally......al.379. Lawyers Involved: Faruqe Ahmed, Advocate -For the Petitioner. Sarojendu Roy, Advocate -For the Opposite Party. Civil Revision No.2 of 1984. (In the matter of an application for stay. And in the matter of an application under section 115 of the Code of Civil Procedure, 19......r Order 9, rule 13 C.P.C. The Rule is, accordingly, made absolute without any order as to costs and the impugned order set aside. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 68. ..Category: Procedural Law | Date: | Hits: 127
Nowsher Ali & others Vs. State, 1986, 15 CLC (HCD)
....pheld and reference is accepted. Sentence of death passed on each appellant is merely confirmed. Mohammad Sohrab Ali J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 57. ......was sufficient to commute death sentence. In order to support this contention reliance was placed an aforesaid two decisions but his Lordship A.T.M. Masud, (J) holding different view did not follow principle laid down in those decisions. 17. In the case of State Vs. Abdur Rahman and others re......83 against the Order of conviction and sentence of death and along with these appeals, we have heard the death Reference No.9 of 1983 made to this Court by Additional Sessions Judge, 3rd Court Khulna for confirmation of sentence of death. This Judgment will dispose of aforesaid appeals as well as ......pheld and reference is accepted. Sentence of death passed on each appellant is merely confirmed. Mohammad Sohrab Ali J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 57. ..Category: Criminal Law | Date: | Hits: 134
Noor Hossain and other Vs. State, 2002, 31 CLC (HCD)
....down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 557. ......nd it is admissible as substantive evidence. In the instant case mere reading of the dying declaration Exhibit 3 in no way helps a reasonable man to believe that the same was recorded in the light of principle so enunciated in section 32 of the Evidence Act. The evidence on record clearly indicates ...... Judge, Kishorgahj, in Sessions Case No.61 of 1994 arising out of GR No.24(2)91 corresponding to Bhairab GRP Thana Case No.2(9)1991, convicting and sentencing them (appellants) to suffer imprisonment for life and to pay a fine of Taka 10,000 each, in default to suffer rigorous imprisonment for one y......down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 557. ..Category: Criminal Law | Date: | Hits: 111
Noor Jamal Vs. State and another, 2009, 38 CLC (HCD)
....etropolitan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 531.......etropolitan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 531.......f 2005 under section 138 of the Negotiable Instruments Act, which is now pending in the Court of Metropolitan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule is that the opposite party No.2, Phoenix Leasing Company Lt......urs can a prosecution under section 138 be instituted as per section 138(c) read with section 141(b) envisages only one cause of action in respect of one and the same cheque. 16. Now the point for determination is (I) whether the petitioner filed the case satisfying the provisions of law and (II)..Category: Criminal Law | Date: | Hits: 103
Shariful Bhuiyan and another Vs. State, 2009, 38 CLC (HCD)
....in 3 (three) months from the date of receipt of this order. Let a copy of the judgment be sent to the trial Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 524.......in 3 (three) months from the date of receipt of this order. Let a copy of the judgment be sent to the trial Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 524.......lice station case No.33 dated 16-6-2001 under sections 147/148/149/323/234/326/307/302/114 of the Penal Code rejecting the petitioner's application under section 540 of the Code of Criminal Procedure for re-calling and re-examining the witnesses should not be set aside. 2. The facts relevant to...... further submits that the revision at best may be allowed on condition to pay cost to the other side and to ascertain the specific points for cross examination. 11. The point which calls for our determination is whether the learned Additional Sessions Judge, 2nd Court, Brahmanbaria committed an..Category: Procedural Law | Date: | Hits: 129
Mrs. Saleha Khatoon Vs. State, 1984, 13 CLC (HCD)
....ceed in accordance with law and concluded expeditiously. Send down the records at once. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 109....... that forgery, done in private, be said to have been committed by a party to a proceeding within the meaning of clause (c) of section 195 Cr.P.C. so to bar private complaint. 18. It is the clear principle or interpretation of deeds and statutes that words may not be read into an enactment or ......sain, Advocate -For the State. Criminal Revision No.11 of 1983. Judgment Anwarul Huque Chowdhury J. - This Rule arises out an application under section 561A of the Code of Criminal Procedure for quashing the proceeding in Sessions Case No.5 of 1983 pending before Additional District Magistr......ceed in accordance with law and concluded expeditiously. Send down the records at once. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 109...Category: Criminal Law | Date: | Hits: 117
Pubali Bank Ltd. Vs. Chairman, 1st Labour Court, Dhaka & others, 1986, 15 CLC (HCD)
....to costs. However, we direct the Labour Court to dispose of the original cases expeditiously. Anwarul Hoque Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 128.......to costs. However, we direct the Labour Court to dispose of the original cases expeditiously. Anwarul Hoque Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 128.......ance Cases (hereinafter referred to as I.R.O. Cases) by the 1st Labour Court, Dhaka, directing the opposite-party to stay the operation of the orders of transfer issued by them until disposal of the aforesaid I.R.O. Cases Since common questions of fact and law are involved in these four Rules we hav......ute until it is finally decided. These powers to pass temporary or ad-interim orders are designed to preserve and protect the subject-matter of the dispute under Order 39, Rule 1 C.P.C. pending final determination of the case. 8. The learned Advocate for the opposite patty-petitioner his referred..Category: Labour and Industrial Law | Date: | Hits: 147
Promode Ranjan Paul & others Vs. Government of Bangladesh & others, 1986, 15 CLC (HCD)
....order as to costs. The judgment and decree of the learned Subordinate Judge are set aside and those of the learned Munsif restored. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 132. ......a prayer for consequential relief by way of recovery of possession and that the question of issuance of perpetual injunction against the defendants does not arise. He has held that though the decided principle of law is that the enemy property authority or anybody claiming any interest under it in......rt, Brahmanbaria, passed in Title Suit No.156 of 1982. 2. The petitioner No.1 as plaintiff instituted the suit in the 2nd Court of Munsif, Brahmanbaria against the opposite parties as defendants for declaration and permanent injunction that the order of defendant No.2 the Sub-divisional Offic......order as to costs. The judgment and decree of the learned Subordinate Judge are set aside and those of the learned Munsif restored. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 132. ..Category: Property Law | Date: | Hits: 107
Siraj Mia (Md.) Vs. Nasima Akhter and another, 2002, 31 CLC (HCD)
....laintiff is directed to put in stamp duty and registration fee on the valuation of the suit land at Taka 1,68,000 shown in the plaint. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 554.......s also nothing on record to prove payment of balance consideration money. 11. Though in certain cases even a single witness is enough to prove the case of a party but in the present case the above principle should not be applied, specially when P.W.1 is an interested witness and further plaint ca......gainst the judgment and decree dated 24‑3‑92 passed by the learned Subordinate Judge, Additional Court, Narayanganj in Title Suit No.40 of 1991 dismissing the suit. 2. The plaintiff filed the aforesaid suit praying for specific performance of contract stating, inter alia, that the defendant N......laintiff is directed to put in stamp duty and registration fee on the valuation of the suit land at Taka 1,68,000 shown in the plaint. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 554...Category: Property Law | Date: | Hits: 104
Bijoy Kumar Shaha Vs. DC, Chuadanga and others, 2002, 31 CLC (HCD)
....r the law to get all his legitimate dues all through as the Principal of the College. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 550. ......r the law to get all his legitimate dues all through as the Principal of the College. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 550. ...... No.73 of 2001 on reversing the judgment and decree dated 6‑8-2002 passed by the 2nd Court of Subordinate Judge, Chuadanga in Title Suit No.10 of 1999 decreeing the suit. 2. Short facts relevant for the purpose of the case are that the petitioner as plaintiff instituted Title Suit No.10 of 1999......es as required by Order XLI Rule 31 CPC and the same has resulted in error in the impugned decision occasioning failure of justice. 10. No one appears to oppose the Rule. 11. The only point for determination by us is, whether learned District Judge was justified in dismissing the suit on rever..Category: Employment/Service Law | Date: | Hits: 194
ABM Quabil Ahmed Vs. Secretary, Ministry of Health and another, 1991, 20 CLC (HCD)
....n within a reasonable time. The Rule is, accordingly, discharged with above observation. There shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 385.......claim. In the circumstances the plea of promissory estoppel is not available to the petitioner. Had there been any assurance as claimed even then the plea could not be invoked because it is a settled principle that where a statute imposes a duty of a positive kind, not avoidable by the performance o......d Kazi Ebadul Hoque JJ. As the learned Judges, by delivering separate Judgments, differed from each other on the questions involved in the case the learned Chief Justice has referred the matter to me for hearing and disposal. 2. One Dr. ABM Quabil Ahmed as the Principal of Rajbari Homeopathic ......n within a reasonable time. The Rule is, accordingly, discharged with above observation. There shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 385...Category: Others | Date: | Hits: 154
Shahr Banoo Mohsin Asgar and another Vs. Lailun Nahar Ershad and others, 1991, 20 CLC (HCD)
.... do application on merit. There shall, however, be no order as to costs. Let a copy of this order be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 552.......rs that the same contains allegations of patent fraud committed on the court which can be adjudicated in a summary way on the basis of the court's records. Judging the allegations in the light of the principle set down above, I have, therefore, no hesitation to hold that the Assistant Judge has fall...... Civil Revision No.2288 of 1990. Judgment Bimalendu Bikash Roy Chowdhury J.- Is the Civil Court so powerless that in exercise of its inherent powers it cannot entertain, an application for setting aside, an ex parte decree which is alleged to have been obtained on practising fraud upo...... do application on merit. There shall, however, be no order as to costs. Let a copy of this order be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 552...Category: Procedural Law | Date: | Hits: 130
Shewe Hla Prue TK Vs. Commissioner, Chittagong Division, Chittagong and others, 1992, 21 CLC (HCD)
....ithout 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: 44 DLR (HCD) (1992) 539....... Tracts Rules for removing the Headman from that post was not followed. The petitioner was forcibly retired behind his back without giving him an opportunity of being heard which was violative of the principle of natural justice. The forced retirement of the petitioner was a punishment for alleged f...... Tracts. He was also, appointed as Regular Headmen of Naithong Mouza by an order contained in Memo No.340/(5)/T. dated 18.1.77 issued by the Deputy Commissioner Chittagong Hill Tracts. Copies of the aforesaid orders of appointment are annexed to the petition and marked as Annexure B and B‑1. The p......ithout 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: 44 DLR (HCD) (1992) 539...Category: Others | Date: | Hits: 171
Padmabati Biswas Vs. Banglasdesh and others, 1992, 21 CLC (HCD)
....on contest against respondent No.1 and ex parte against the rest. Considering the circumstances there shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 465. ......n case of claim which are not provided for by the rules laid down in section 4(1) to 4(4) the Courts shall be guided by a local usage, if there be any, and in the absence of such usage by the general principle of equity and justice. In the case of Lopez Vs. Mudun Tahakur, 13 MIA 467 the Privy Counci......d 19.4.62 passed by the Subordinate Judge, Khulna in Title Suit No 5 of 1959. 2. Collector of Khulna on 16.5.59 made a reference to the Alluvial Lands Act, 1920 stating that some island chars were formed in the bed of the river Kazibacha in Mouza Tetultala within PS Batiaghata in the District of ......on contest against respondent No.1 and ex parte against the rest. Considering the circumstances there shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 465. ..Category: Property Law | Date: | Hits: 118
Jagendra Lal Poddar Vs. Naresh Chandra Poddar and others, 1985, 14 CLC (HCD)
....r interference. Accordingly, the appeal is dismissed but having regard to the circumstances of the case I make no order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 54. ......that being so the burden shifts to defendant No.1 who alleges self-acquisition to establish affirmatively that the property was acquired without the aid of the joint family property. Therefore, the principle laid down in the aforesaid cases does not support the appellant. Even assuming that the ......, Advocates - For the Appellant. Ramendra Kumar Majumder, Advocate - For the Respondent. Second Appeal No.163 of 1979. Judgment Nurul Huque Bhuiyan J. - This appeal arises out of a suit for establishment of title in respect of one 3rd share of the suit property and for petition of th......r interference. Accordingly, the appeal is dismissed but having regard to the circumstances of the case I make no order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 54. ..Category: Property Law | Date: | Hits: 111
Chairman, Chittagong Port Authority, Chittagong Vs. Kalipada Dey & others, 1986, 15 CLC (HCD)
....t, the Rule is made absolute without any order as to costs and the impugned order is set aside. Mohammed Abdur Rouf J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 39. ......nd follow some judicial procedure and in the absence of the procedure being provided in the I.R.O. it must be presumed the Legislators intended that Labour Court may follow its own procedure on the principle of natural justice, and can pass any appropriate order for that and unless such order ......nt Traffic Inspectors. 3. The case of the respondent Nos.1-7 who were the petitioners in the I.R.O. case was that they were workers under the present petitioner and were selected in order of merit for appointment to the post of Assistant Traffic Inspector by letter dated 05.06.1983 and their join......wer of a Civil Court and such power can be exercised only according to the procedure as laid down in the Code of Civil Procedure. As we have already observed, in the present case no adjudication or determination of industrial dispute being involved the Labour Court dealing with such case cannot be..Category: Labour and Industrial Law | Date: | Hits: 204
....py of this judgment and order be communicated to the learned Senior Assistant Judge, Barguna for his information and necessary action.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 542.......py of this judgment and order be communicated to the learned Senior Assistant Judge, Barguna for his information and necessary action.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 542.......etitioner, the Additional Deputy Commissioner (Revenue), Barguna, the Deputy Commissioner, Barguna, the Assistant Commissioner (Land) Barguna, the Secretary, Ministry of Land and the Chairman, Land Reforms Board, were impleaded in the said Title Suit No.55 of 1997 as the defendants. The Principal, B......ve, are answered in the affirmative.
9. Let us first take, for our consideration, the question, "whether the Ministry of Health can maintain a suit against the Government." A legal action involves determination of rights and obligations of the parties thereto. In law only a juristic person, wheth..
Category: Procedural Law | Date: | Hits: 146
GSH Jamal Vs. Surraiya Jabeen and others, 2010, 39 CLC (HCD)
....9 is hereby discharged. The ad interim order granted earlier in the Rule is also vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 493.......ent and, as such, the tenant be allowed to remain in the suit premises. 9. On the other hand, Mr. Md. Khalilur Rahman, the learned Advocate for the respondent-landlords, relying on the age old principle "once a defaulter always a defaulter" which has been approved by all the superior Courts o......ecords at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 493.......ee executed through Court. Hence this appeal. 8. Mr. Mahbubey Alam, the learned Advocate appearing on behalf of the defendant appellant (tenant) at the very outset admitted that the question for determination in this appeal is whether the appellant is a defaulter as defined under the provision ..Category: Tenancy Law | Date: | Hits: 190
Mamun Akbar Vs. State and another, 2012, 41 CLC (AD)
.... infirmity in the impugned judgment and order passed by the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in:......rdance with section 17B of the Registration Act. But that does not stand as a bar to prosecute the accused for any criminal offence which he may have committed. 13. There is a well established principle of law that a litigant cannot benefit from this own wrong-doing. In the instant case the a......: Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioner. Md. Aftab Hossain, Advocate-on-Record-For Respondent No.2. Not represented-For Respondent No.1. Criminal Petition for Leave to Appeal No.401 of 2009 (From the judgment and order dated 29th June, 2009 passed b...... infirmity in the impugned judgment and order passed by the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in:..Category: Criminal Law | Date: | Hits: 90
Shahidul Islam Vs. State and another, 2011, 40 CLC (HCD)
....Case No.124 of 2007 is hereby affirmed. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 471. ......ibility of miscarriage of justice, conflict of decisions and misuse of time and money.” 8. In comparison to the aforesaid two decisions cited above, we are in respectful agreement with the principle expounded in the case reported in 61 DLR 386 and hold that the charge so framed in a singl......titioner under section 138 of the Negotiable Instruments Act should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Relevant facts for disposal of the Rule are that the opposite party No.2 as complainant filed a petition of complai......Case No.124 of 2007 is hereby affirmed. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 471. ..Category: Procedural Law | Date: | Hits: 114
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