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.... payment of rent since May, 1996, defendant No.2 filed Small Causes Court Suit (S.C.C. Suit) No.4 of 1997 in the Court of Joint District Judge, 3rd Court, Dhaka against him for eviction. On the other hand, Saifuzzaman as the plaintiff filed Other Class Suit No.6 of 1997 against the defendant for spe......roper appreciation of law and fact do not call for interference.
Accordingly, the Civil Petition for Leave to Appeal is dismissed.
Ed.
This Case is also Reported in: 32 BLD (AD) (2012) 208.
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Category: Civil Law | Date: | Hits: 174
Begum Shamsunnahar Chowdhury Vs. Md. Masud Jamal and others, 1994, 23 CLC (HCD)
.... House Building Finance Corporation, and in return she received an amount of Taka 95,000.00 from the Attorney. After execution and registration of the power of attorney on 19‑5‑82, the petitioner handed over the possession of the said house to the Attorney, defendant‑opposite party No.1 but th......115 of the Code of Civil Procedure. In view of the above, the Rule is discharged. Let the lower Court records be sent down at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 267. ..Category: Civil Law | Date: | Hits: 132
Md. Abdul Hye and others Vs. State, 2005, 34 CLC (HCD)
.... CDI-H100s Chassis No. AHBH100S-08321, Engine No.HA-04F-5053124-Reg. No. Dhaka Metro-A-06-9752 with blue book bearing Dhaka Metro A-06-9752 CDI Honda whose owner was shown Md. Shamsuddin son of late Chand Miah 84/1/Disytrilary Road, Sutrapur, Dhaka. Thereafter he placed Sirajul Islam and the seized ......bu Zafor Siddiky alias Akhter who are currently on bail are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 403. ..Category: Criminal Law | Date: | Hits: 109
Md. Abdul Quddus and another Vs. State, 2005, 34 CLC (HCD)
....tion witnesses is that they are quite innocent and they have been falsely implicated in this case. The case of accused Rafiqul Islam is that his bus was stood by the side of the road and on the other hand the case of accused Md. Abdul Quddus is that the accident took place due to failure of break of......other case and the accused Md. Rafiqul Islam who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 470. ..Category: Criminal Law | Date: | Hits: 119
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....plication in the Administration. A copy of the minutes of the meeting dated 5-2-96 has been annexed as Annexure-X to the writ petition. 15. It was further stated in the application that on the one hand respondent No.2 who has been trying to get rid of these 7 officers on the plea of sufficiency o......titioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357...Category: Employment/Service Law | Date: | Hits: 186
State Vs. Abul Howlader, 1995, 24 CLC (HCD)
....he house as well the neighbours came in and found the child in a serious injured condition. P.Ws.7 and 8, neighbours of the informant also saw the accused running away with blood‑stained dao in his hand. The informant Shamsuddin Howlader having returned from the field heard hue and cry and on arri......rom death penalty to that of rigorous imprisonment for 8 (eight) years. The jail appeal being Jail Appeal No.1251 of 1992 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 257...Category: Criminal Law | Date: | Hits: 97
British Airways Plc. Vs. Bangladesh Air Services Pvt. Ltd., 1996, 25 CLC (HCD)
.... arbitrator is beyond his jurisdiction as contemplated in section 10 of the Arbitration Act, 1950, and Exception I to section 28 of the Bangladesh Contract Act. Mr. Abdul Wadud Khondker, on the other hand, submits that parties cannot by private stipulation oust the jurisdiction of the domestic tribu......e, Dhaka, in Arbitration Misc. Case No.368 of 1994/37 of 1994 is set aside. Send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 249. ..Category: Alternative Dispute Resolution | Date: | Hits: 304
Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....n: 15 BLT (HCD) (2007) 506; 13 BLC (HCD) (2008) 1. ......ed, and, as such, it stands discharged for non-prosecution. No cost. Lower Courts Records are sent down. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 506; 13 BLC (HCD) (2008) 1. ..Category: Procedural Law | Date: | Hits: 108
....erest and penalty. And as for the arrear dues the petitioner is prepared to deposit the same. Further submission of' the learned Counsel is that the concept of fairness demands that the matter in the hand of the executive authority be disposed of as expeditiously as possible although there is no tim......oner is not entitled to the relief sought in the writ petition.
In the result the Rule is discharged without any order as to costs
Ed.
This case is also Reported in: 49 DLR (HCD) (1997) 321.
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Category: Fiscal/Taxation Law | Date: | Hits: 278
Abdur Razzaque Vs. State and another, 1982, 11 CLC (HCD)
....ence is exclusively triable by that Court. 4. The informant does not seem to have taken any step against the orders of the Sub-Divisional Magistrate rejecting his aforesaid petitions. On the other hand it is found that he filed an application against before the Sessions Judge for taking cognizanc......nd. Let the trial proceed against the other accused. Let the records be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 103. ..Category: Criminal Law | Date: | Hits: 110
State Vs. Raisuddin and others, 1996, 25 CLC (HCD)
....ased Ranju deposed in that case and as a result of such enmity they committed the crime of murder of taking the life of her two sons. 25. P.W.19 Zamir Hossain, Sub‑Inspector of Police proved the hand writing of the Investigating Officer Fazlul Huq who submitted the charge‑sheet and, also inve...... liberty forthwith if not wanted in connection with any other case. The jail appeal being Jail Appeal No.1025/992 is also allowed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 517. ..Category: Criminal Law | Date: | Hits: 104
Bangladesh Vs. Hosne Ara Begum and others, 1994, 23 CLC (HCD)
.... aware of taking over the suit property as abandoned property and for that reason she made the Government, represented by the Secretary, Ministry of Works, as a party. Mr. Zakir Hossain, on the other hand submits that the Ministry of Works was the concerned Ministry and this permanent lease was gran...... below are hereby affirmed. There will be no order as to costs. Let the LC records be immediately sent down to the trial Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 511. ..Category: Property Law | Date: | Hits: 157
Tohfa Khatun and others Vs. Moulavi Mukhilisur Rahman and others, 1997, 26 CLC (HCD)
....by filing different sets of written statements and the present Petitioners who are defendants Nos.‑42‑43 filed a joint written statement and prayed for saham on the ground of purchase from Suvok Chandra Paul their predecessor‑in‑interest who acquired title to the suit land by virtue of the p......d circumstances of the case there will be no order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 315. ..Category: Procedural Law | Date: | Hits: 118
Dilruba Aktar Vs. AHM Mohsin, 2003, 32 CLC (HCD)
....R 8 Pat 496 = AIR 1929 Pat 491 and King Emperor Vs. U San Win, JLR 10 Rang 312=AIR 1932 Rang 146=33 Cri LJ 701 are some of authorities on the subject. 7. A contrary line of cases had, on the other hand, ruled that The Code drew no distinction between an appeal from an acquittal and an appeal from......mount if not so paid shall be recoverable as arrears of land revenue. Lower Court's Record be sent down as immediately as possible. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 568...Category: Family Law | Date: | Hits: 165
M. M. Mahboob and others Vs. Sk. Abdur Rashid and others, 2004, 33 CLC (AD)
....barrier from granting further promotion to the appellants (Promotee Officers) and other officers of their batch and as such the writ petitioners did not come before the High Court Division with clean hand and the writ petition was filed with mala fide intention. 11. Mr. M. Aminul Islam, the learn......ected themselves in making the Rule absolute. In the result, we find substance in the appeal and accordingly, the appeals are allowed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 266. ..Category: Employment/Service Law | Date: | Hits: 149
Sarada Bala Sen Vs. Sheikh (Md.) & others,1995, 24 CLC (HCD)
.... Sen............Appellant Vs. Sheikh (Md.) & others............Respondent Judgment April 20, 1995. Result: The appeal is dismissed. Cases Referred to- Firm Ishardes Devi Chand and another Vs. RB Prokash Chand and another, AIR 1969 (SC) 938; Abdul Hamid Khan and others Vs......the above decision, the connected application is however rejected. Communicate this order to the Court below at interest of justice. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 239...Category: Civil Law | Date: | Hits: 130
Bazlu Talukder and 2 others Vs. State, 1995, 24 CLC (HCD)
....was wrong to pass an order of conviction on the basis of the uncorroborated evidence of these two interested witnesses. 5. Mr. Syed Matiul Islam, learned Assistant Attorney‑General, on the other hand, submits that the evidence adduced by the prosecution were sufficient to pass the impugned orde......t of arrest issued against absconding‑convict Badal Talukder in connection with this Sessions Case stands withdrawn and cancelled. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 509. ..Category: Procedural Law | Date: | Hits: 85
Nizamuddin Dhali (Md.) Vs. State, 1993, 22 CLC (HCD)
....of the error in framing the charge as well as in examining the accused under section 342 the conviction should be set aside and the appellant acquitted of the charge brought against him. On the other hand, the learned Assistant Attorney‑General has referred to the decision reported in 28 DLR (AD) ......he light of the observations made in the body of this Judgment. The accused appellant may be allowed to remain on bail pending trial. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 507. ..Category: Criminal Law | Date: | Hits: 95
Aminur Rashid Vs. Collector of Customs, Customs House, Chittagong and others, 1996, 25 CLC (HCD)
....ted right of the importer could not be taken away as the Government was bound by its promise. The decision of the Supreme Court of Pakistan is not binding on us. It is merely persuasive. On the other hand, the decision of our Appellate Division is binding on us. But if the fact of that case is disti......refore, find no merit in the contention of the learned Advocate for the petitioner. In the result the Rule is discharged with cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 503. ..Category: Fiscal/Taxation Law | Date: | Hits: 204
Janata Bank Vs. Saiful Islam, 2006, 35 CLC (HCD)
....oner Vs. Saiful Islam……………………………Respondent-Opposite Party Judgment March 12, 2006. Result: The application for amendment is allowed. Case Referred to- Kishandas Vs. Vithoba, (1909) 33 Bom 644. Lawyers Involved: J. K. Paul - For the Appellant. Md......defendant-respondent within three months with a direction to amend the plaint as prayed for. Office is directed to do the needful. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 18. ..Category: Civil Law | Date: | Hits: 117
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