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....ned Subordinate Judge, Chandpur in Miscellaneous Case No.59 of 1990 is hereby affirmed.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 311.
......er-respondent sought to pre-empt the case land and building covered by these five kabalas he ought to have filed separate cases. He submits that the present case is a case of mis-joinder of causes of action. He also submits that the five kabalas are not between the same parties and the dates are als..
Category: Property Law | Date: | Hits: 113
....be discharged.
In the result, this Rule is discharged and in the facts and circumstances of the case we pass no order as to cost.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 126.
......R Manual have got the force of law and as such the same is enforceable in the Court of law and the Government is bound to follow the provisions of the LR Manual. He further submits that the aforesaid action of relieving the present petitioner from the officer of Government Pleader of Dhaka is absolu..
Category: Others | Date: | Hits: 212
Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....the interpretation of several provisions of the Constitution are involved in the instant cases, the certificate prayed for is granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 133. ...... been challenged. So, in our view, the orders by which we summarily rejected the previous two writ petitions cannot be a bar for institution of the present two writ petitions inasmuch as the cause of action of the previous two writ petitions was quite distinguishable from the cause of action as take..Category: Criminal Law | Date: | Hits: 202
Shahajada Talukder Vs. Election Commissioner and others, 2003, 32 CLC (HCD)
.... cancelled and the Returning Officer is directed to hold fresh election upon accepting the nomination paper already filed by the petitioner. Ed. This Case is also Reported in: 55 DLR (2003) 420.......fferent thing; it means an actual malicious intention on the part of the person who has done the wrongs independent of contract, a very material ingredient in the question whether a valid cause of action can be stated." However, as it appears, the present is not a case of malice in law but ca..Category: Election Law | Date: | Hits: 211
....the learned Subordinate Judge and 2nd Artha Rin Adalat and Commercial Sub‑Judge Court, Chittagong for his information and necessary action.
Ed.
This Case is also Reported in: 55 DLR (2003) 417.......te and this need not be deferred until creditor exhausts his remedies against the principal debtor. In the absence of any special reason, the surety cannot plead that the creditor must first initiate action against the debtor before proceeding against the surety or the guarantor on the ground that t..
Category: Civil Law | Date: | Hits: 101
Nasiruddin (Hazi Md.) Vs. Md. Mozammel Hossain and others, 2010, 39 CLC (HCD)
....spose of the appeal within two months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 303. ...... whispering that as the presiding Judge is known to them so the judgment in appeal will go in their favour. It is pertinent to point out that meanwhile the learned Judge transferred. So, the cause of action for transfer ceased. Moreso, the allegation of whispering are absolutely vague. It reveals th..Category: Procedural Law | Date: | Hits: 108
Jahangir Alam and others Vs. State, 2011, 40 CLC (HCD)
....d from their respective bail bonds. Send down the lower court record together with a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 294.......t the certified copy of the judgment and order of said case on 2-7-2008. He admitted that the judgment can be passed in black and white which was 4 days before the alleged occurrence, so the cause of action for taking bribe from the P.W.8 has already expired as no case of the P.W.8 was pending befor..Category: Criminal Law | Date: | Hits: 142
Global Access Ltd. Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....ty. So, we do not find anything which can be considered as mala fide. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 433....... The work order issued on 22‑9‑2002 contained changed terms with regard to price ie conversion, from real value "to token value" and from 'supply' to 'loan'. According to the learned Counsel, the action was mala fide, lacked transparency causing exposure to counterfeiting of stamp and band, loss..Category: Others | Date: | Hits: 174
Insab Ali (Md.) Vs. Magistrate (Abu Zafar) Jessore and others, 2010, 39 CLC (HCD)
.... Kg Soybean oil not shown in the seizure list is hereby declared to have been done without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 290. ...... seized from the shop of the petitioner whereas in the seizure list the said respondent clearly mentioned that he seized goods were found in the abandoned area of the Bagachara bazar which proves the action of the respondent No.2 is a malafide action and thus the impugned seizure should be declared ..Category: Criminal Law | Date: | Hits: 94
AKM Mazharul Haq Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....directed to reinstate the petitioner in service within 30 days of receipt of copy of this judgment with back wages and other benefits. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 274. ......rder is liable to be struck down. He further submits that section 9(2) of the Public Servants (Retirement) Act, 1974 has not empowered the Government to adopt a policy of "pick and choose" for taking action against any employee and the authority has singled out the petitioner to be punished out of a..Category: Employment/Service Law | Date: | Hits: 157
Sekandar Spinning Mills Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2011, 40 CLC (HCD)
....ect. The respondent is hereby directed to re-adjust the amount of Taka 10,90,585 in the VAT Register of the petitioner company at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 272.......on. 13. Mr. Tanim Hussain Shawon, learned Advocates appearing on behalf of the petitioner before us in the writ petition, the impugned order and the annexures thereof and submits that the impugned action of the respondent without initiating the proceeding of section 55 of VAT Act, 1991 but took a..Category: Fiscal/Taxation Law | Date: | Hits: 196
Abdul Khaleque Vs. Court of Settlement and others, 1991, 20 CLC (HCD)
....lawful authority and the same are 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) 273.......ion of his citizenship as expressed by annexure (J) issued by the Ministry of Home Affairs vide their Memo No.723‑Imn/V, dated 28.4.83/5.5.83 to be illegal and without jurisdiction. We declare this action of the respondent No.3 to be without any lawful authority. 11. In this connection it ma..Category: Property Law | Date: | Hits: 90
Ramizuddin and others Vs. Abdul Hamid, 2009, 38 CLC (HCD)
....r as to costs. The impugned Judgment and order passed by the Appellate Court allowing the withdrawal of the suit is, hereby, set aside. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 434.......ate Judge, 2nd Court, Dhaka in Title Appeal No.216 of 1998 allowing the prayer of the plaintiff appellant opposite party to withdraw the said appeal with permission to sue afresh on the same cause of action which was filed against the order dated 25-5-1998 passed by Assistant Judge, 2nd Court, Dhaka..Category: Procedural Law | Date: | Hits: 108
Abdul Kabir Vs. State, 1998, 27 CLC (HCD)
....sh the proceedings of that case. In the result, the Rule is discharged. Communicate the order to the Magistrate concerned at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 306. ...... is reason to believe to have been acquired by improper means and which is proved to be disproportionate to his known sources of income, shall, if he fails to account for such possession to the satisfaction of the Court, be punishable with imprisonment for a term which may extend to 7 years and with..Category: Criminal Law | Date: | Hits: 109
Rustom Ali (Md.) Matubbar alias Alam Vs. Mohammad Salahuddin and another, 1998, 50 CLC (HCD)
....the Rule is devoid of substance and the same, thus, fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 301. ......lainant on 26-6-96 in the evening went to the house of the accused-petitioner and requested him to execute and register sale deed in his favour. At that the accused became furious and denied all transaction and also denied the execution of the agreement to sell. The complainant alleged that the accu..Category: Criminal Law | Date: | Hits: 112
Salma Islam Vs. Parveen Banu & others, 1997, 26 CLC (HCD)
....sult, the appeal is dismissed without any order as to costs. The connected Civil Rule No. 208(f) of 1985 is accordingly disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 280.......f evidence dismissed the suit on merit on the finding that the defendant-respondent filed Civil suits and proceedings against the plaintiff-appellant with bona fide belief that they had real cause of action and would succeed. 6. Md. Nurul Huq, the learned Advocate for the plaintiff-appellant, arg..Category: Property Law | Date: | Hits: 144
Hamida Begum Chowdhury Vs. Ahamad Hossain Khan and others, 1997, 26 CLC (HCD)
....e Appeal is allowed and the impugned judgment and decree dated 28-9-95 passed in Title Suit No.201 of 1991 is dismissed without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 276. ......nt. 4. In the context of the said pleadings of the parties the following issues were framed: (1) whether the suit is maintainable in the present form? (2) whether the plaintiff has any cause of action? (3) whether the suit is barred by limitation? (4) whether the plaintiff is entitled to get a..Category: Civil Law | Date: | Hits: 148
Mahbub Alam Vs. Commissioner, Customs, Excise and VAT, Sylhet and others, 2010, 39 CLC (HCD)
....dgment and order to the Special Tribunal concerned for necessary action and the Respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 395. ...... Sessions Judge, Sylhet is directed to proceed with the Special Tribunal Case No.96 of 2003 in accordance with law. Communicate this Judgment and order to the Special Tribunal concerned for necessary action and the Respondent No.1 for information and necessary action. Ed. This Case is also Rep..Category: Fiscal/Taxation Law | Date: | Hits: 177
Solaiman (Md.) Vs. State and another, 2010, 39 CLC (HCD)
....ection with the Rule stands vacated. Send a copy of this Judgment and order to the Court below for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 385.......oceeding of the CR case on two grounds. Firstly, he submits that there is no disclosure of fact in the petition of complaint that the legal notice was served upon the petitioner and as such, cause of action has not arisen and the proceeding of the CR case was initiated illegally which is liable to b..Category: Criminal Law | Date: | Hits: 75
Rafiqul Islam Vs. State and another, 2009, 38 CLC (HCD)
....upported by our apex Court- (i) a cheque can be presented for encashment on any number of occasions within the period of its validity and its dishonour on every occasion will give rise to a fresh 'Cause of action' within the meaning of clause (b) of section 141 of the Negotiable Instruments Act s......7; that the petitioner will get 1(one) month's time from the date of receipt of the notice but the complainant filed the instant case before expiry of one month. It is further submitted that cause of action arises one month after the issuance of notice under clause of the proviso to section 138 but ..Category: Civil Law | Date: | Hits: 150
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