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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. ...... for sale the Court has to pass a preliminary decree in terms of Rule 2(1) of Order XXXIV and that the Court has no option but to award interest pendent to the mortgagee. In a suit for redemption the principle is not very different because the preliminary decree therein has to be passed under Order ......dgment dated 26-1-1997 and decree dated 22-1-1997 passed by the Artha Rin Adalat, Kushtia in Artha Rin Suit No.131 of 1993 decreeing the suit without interest pendent lite. 2. The questions arisen for consideration: (i) whether the Court is empowered to refuse interest pendent lite while decre...... a writ for the simple reason that it is not law. It is as simple as that. However, we do not think that more discussion is necessary to answer the first question raised in this writ-petition for determination which we have already mentioned above. From the above discussion it is clear that the ..Category: Civil Law | Date: | Hits: 141
Khondker Abdul Majed Vs. Tarapada Dey, 1999, 18 CLC (HCD)
....to costs. The order of stay passed earlier by this Court is hereby vacated. Communicate the order to the trial Court expeditiously. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 336. ......e evidence adduced and the Court has wide discretion in such matter. Mere acceptance of the report should not give rise to any apprehension in the mind of the litigant.” In view of the aforesaid principle of law I am of the view that, there is nothing to be prejudiced or apprehensive of the res...... Vs. Tarapada Dey………….Opposite Party Judgment June 28, 1999. Result: The Rule is discharged without any order as to costs. Case Referred to- Md. Abul Quasem Vs. Md. Lutfor Rahman, 10 BLD (1990) (AD) 3 = 43 DLR (AD) 17. Lawyers Involved: Md. Khurshid Alam Khan, A......to costs. The order of stay passed earlier by this Court is hereby vacated. Communicate the order to the trial Court expeditiously. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 336. ..Category: Civil Law | Date: | Hits: 122
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.......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.......kshmipur in Misc. Appeal No.242 of 1980 dismissing the appeal and affirming the judgment and order dated 11.12.80 passed by the Munsif Second Court, Lakshmipur in Misc. Case No.36 of 1976. 2. The aforesaid Misc. Case was started by one Sarajubala the petitioner herein by making an application u......ation Act is applicable to an application under Section 174(3) of the Bengal Tenancy Act and in support of his contention he relies on a decision reported in 9 DLR 89. In that case the question for determination was whether the provision of Section 5 of the Limitation Act was applicable to an ..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. ...... outcome can only be that one of them, is or is not liable to do or refrain from doing something at the suit of the other. If there is no defendant whose liability can be established according to the principles of the law, then the plaintiff is left without redress. 27. As will be seen, much of t......May 11, 2010. Result: The appeal is allowed in part. Life is a bundle of incident. Every child is born with expectation of life and with constitutional guaranteed right of basic requirements for living. Death is inevitable but premature death in whatever form is not expected and cannot be c......on can be awarded and so the Court must do the best it can in the light of such comparable cases as it may consider to be assistance to it. 44. Questions, on the facts of the given case, calls for determination are:- (i) Whether the deceased died due to the accident caused by defendant No.2 wh..Category: Civil Law | Date: | Hits: 339
Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)
....erest within 30 days from the date of receipt of this order. Sent down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 474. ......ngladesh Food Products Limited Vs. National Bank Limited reported in 13 MLR 253 where it has been held that:- "The High Court Division observed that the Artha Rin Adalat Ain, 2003 is guided by the principles of the Code of Civil Procedure whereby 50% deposit of the decreetal amount to prefer an a......ree holder Sonali Bank instituted Title Suit No.21 of 2002 in Artha Rin Adalat No.1, Dhaka impleading Judgment debtors as defendant No.1 and 2 and Bangladesh House Building Finance Corporation as pro forma defendant, for realizing loan money of Taka 8,03,568 on selling the mortgage property. 3. P......ision reported in 41 DLR (AD) 109 has no manner of application on the facts of the instant case. 13. Let us proceed with our decision. On the pleadings of the parties following questions calls for determination. At first, whether the ex-parte decree against the Judgment debtors petitioners was pa..Category: Civil Law | Date: | Hits: 156
Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)
....ed, the question of amendment of the plaint does not arise. Hence the connected rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 60. ......y contested the suit by filing a written statement, inter alia, on the grounds that the suit is not maintainable under section 42 of the Specific Relief Act, that it is barred by limitation and the principle of estoppel, waiver and acquiescence and the plaintiff has got no cause of action. The def...... a false and frivolous proceeding under his office Memo. Ext. 2 with the allegations that the plaintiff remained absent from duties on 11.11.74 without prior permission, that he failed to account for cash remittance sent by Habib Bank, Morrelgonj Branch, on the same date, issued pay order on dif......ed, the question of amendment of the plaint does not arise. Hence the connected rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 60. ..Category: Employment/Service Law | Date: | Hits: 175
State Vs. Jahaur Ali & Others, 1987, 16 CLC (HCD)
....rejected and case is sent back on remand to trial Court for holding the trial of the case in the light of the observations made above. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 94. ......soners are fugitive from justice. 10. We find much force in the contention put forward by the learned counsel for defence. We are one with the view of the learned counsel for defence that cardinal principle of criminal law is that an accused in a trial facing capital charge cannot be denied of ......d prisoners. Death Reference Case No.2 of 1985. Judgment Syed Fazle Ahmed J.- This reference under section 374 of the Code of Criminal Procedure has been made by the Sessions Judge, Kurigram for the confirmation of the death sentence passed on condemned prisoners, namely, Taib Ali, Asia K......rejected and case is sent back on remand to trial Court for holding the trial of the case in the light of the observations made above. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 94. ..Category: Criminal Law | Date: | Hits: 107
.....
In the result, the Rule is discharged without any order as to costs.
The stay order granted by this Court earlier is vacated.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1993) 33.
...... a breach of any statute or rule the same can be remedied by invoking writ jurisdiction. Even if any discretion is left in the statute such discretion must be exercised in accordance with settled principles, and not arbitrarily.
33. In the present case, it has already been observed that the......so Reported in: 42 DLR (HCD) (1993) 33.
......ters, or the ocean over the continental shelf, of Bangladesh; and
(c) any property located in Bangladesh that has no rightful owner.
(2) Parliament may from time to time by law provide for the determination of the boundaries of the territory of Bangladesh and of the territorial waters and t..
Category: Others | Date: | Hits: 227
Abdul Khaleque & others Vs. Siddiqur Rahman & others, 1987, 16 CLC (HCD)
....e above discussion, I do not find any substance in this appeal. I dismiss the appeal. However, there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 29. ......Ashfaqul Hossain, Dalai, J. has held that the court would refuse to accept compromise if the result of the compromise would be to deprive the other defendants of the fruit of their success. But the principle of law enunciated in that case has little application to the facts of the instant case. In......rdinate Judge, 3rd Court, Comilla against the defendant No.1 Respondent No.12, defendant No.2, Respondent No.13 and the present appellants who were defendant Nos. 22, 21, 20, 16 and 14 respectively for declaration of their title in the land in suit on the basis of lease, settlement and purchase in......e above discussion, I do not find any substance in this appeal. I dismiss the appeal. However, there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 29. ..Category: Property Law | Date: | Hits: 109
Rafiqul Islam & another Vs. Abul Kalam & others, 1988, 17 CLC (HCD)
....le is discharged without any order as to costs and the suit is restored to its file and number and the order impugned is affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 19. ......ssed for non-payment of paper book cost can be restored by invoking the power under section 151 of the Code." The facts of that case are also somewhat similar to the facts of the instant case. The principle of law enunciated therein, therefore, also supports the view I have taken above. The re...... order of dismissal of the Miscellaneous Case and of restoration of Other Suit No.20 of 1980. 2. The opposite parties Nos.1 to 3 filed Other Suit No.20 of 1980 against the petitioners and others for declaration of title to the disputed land and pond on various pleas. The petitioners contested t......le is discharged without any order as to costs and the suit is restored to its file and number and the order impugned is affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 19. ..Category: Criminal Law | Date: | Hits: 85
Lal Mia Vs. State, 1989, 18 CLC (HCD)
....n filing the appeal and decide the matter on merits in the best way the court would deem fit and proper. Send down the records at once. Ed. This Case is also Reported in: 42 DLR (1990) 15. ......not provided any special limitation for appeal in case of such trial in absentia, as if held ex parte by committing fraud upon the court by suppressing notice, it would be in consonance with the principle of natural justice that in such an appeal time would run from the day of appellant's knowl......1986 as time barred arising out of conviction and sentence passed by the learned Upazila Magistrate, Purbadhala, District Netrokona dated 6.4.86 convicting the petitioner with rigorous imprisonment for one year and to pay a fine of Tk. 1,000/- with a default order and further convicting and sent......n filing the appeal and decide the matter on merits in the best way the court would deem fit and proper. Send down the records at once. Ed. This Case is also Reported in: 42 DLR (1990) 15. ..Category: Procedural Law | Date: | Hits: 122
Seraj Miah Vs. State, 1997, 26 CLC (HCD)
....assed by the trial Court are upheld. The appellant will undergo the sentence of imprisonment for life without having to pay any fine. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 192. ......ment that while considering the evidence of child witnesses those observations should not be lost sight of, although each case would depend upon its particular facts and circumstances. The underlying principle is that each case depends upon its peculiar facts and circumstances. 18. While interpre......sed by the learned Sessions Judge, Brahmanbaria in Sessions Case No.92 of 1991 convicting appellant Seraj Miah under section 302 of the Penal Code and sentencing him thereunder to suffer imprisonment for life and to pay a fine of Taka 2000.00, in default, to suffer rigorous imprisonment for 6 (six) ......assed by the trial Court are upheld. The appellant will undergo the sentence of imprisonment for life without having to pay any fine. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 192. ..Category: Procedural Law | Date: | Hits: 94
State Vs. Moksed Ali and others, 2011, 40 CLC (HCD)
....dditional Sessions Judge, Manikganj immediately. Send down the Lower Court Records at once. Communicate this order forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 346. ......n 164-confession as the sole basis of conviction of the maker thereof. Indeed, this Court notes that in Islamuddin Vs. State reported in 13 BLC (AD) 81 the Appellate Division has endorsed the settled principle of law that judicial confession, if it is found to be true and voluntary, can indeed form ......cted the provisions of section 374 of the Code of Criminal Procedure ("the Code") requiring such sentence to be confirmed by this Court. The case record together with the judgment having been, therefore, sent to this Court, this Court registered the same as Death Reference No.139 of 2005. This is ......dditional Sessions Judge, Manikganj immediately. Send down the Lower Court Records at once. Communicate this order forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 346. ..Category: Criminal Law | Date: | Hits: 131
Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)
....spects and they shall be so treated by all concerned. In the result, the Rule is made absolute but without any other as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 201. ...... the general seats and being so unequal cannot claim equal treatment and equal rights vis‑a‑vis the Commissioners elected in the general seats. The learned Attorney‑General, while accepting the principle of equality between men and women in general but gave an impression that the Commissioners......d. Writ Petition No. 3304 of 2003. Judgment ABM Khairul Haque J.‑ The Rule: In this Writ Petition the petitioners 10(ten) in number were elected as Ward Commissioners in the seats reserved for female candidates in Khulna City Corporation (the Corporation, in short), under the provisions o......spects and they shall be so treated by all concerned. In the result, the Rule is made absolute but without any other as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 201. ..Category: Constitutional Law | Date: | Hits: 443
Ali Akbar Khan (Md) Vs. Alimuddin, 1990, 19 CLC (HCD)
....trict Judge to dispose of the appeal on registration of the same. The Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 338. ......trict Judge to dispose of the appeal on registration of the same. The Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 338. ...... and another, 1943 (FC) 24; Bangladesh Vs. Shahjahan Seraj @ Sirajul Islam, 32 DLR (AD) 1. Lawyers Involved: Joynal Abedin, Advocate ‑ For the Petitioner. MI Farooqui, Advocate ‑for the Opposite party. Civil Revision No. 44 of 1986 Judgment AM Mahmudur Rahman J.- ......ate ‑ For the Petitioner. MI Farooqui, Advocate ‑for the Opposite party. Civil Revision No. 44 of 1986 Judgment AM Mahmudur Rahman J.- In this Rule the question that falls for determination is whether an appeal lies to the District Judge from order of the trial Court refusing..Category: Procedural Law | Date: | Hits: 102
Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)
....o not find any substance in the submission for the learned Counsel of the appellants. The appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: ......t of Subordinate Judge, Chittagong praying for a decree for recovery of possession of the self same property and the position being such the instant suit being Other Suit No.124 of 1987 is hit by the principle of constructive res judicata and therefore non-consideration of the above aspect of the ca......evision No.1714 of 1992). Judgment Mohammad Fazlul Karim J.- Since both the appeals are between the same parties involving substantially the same facts and points of law the same were taken up for hearing together and accordingly disposed of by this single judgment. 2. Civil Appeal No.45 o....... The Government is to form its opinion on the events as they stood on 28-2-72." 31. Article 2(1) above also reveal that formation of opinion by the Government though alleged to be implicit in the determination of a property as an abandoned property, but the determination is only an ascertainment..Category: Property Law | Date: | Hits: 111
Islamia Automatic Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha and others, 2002, 31 CLC (HCD)
.... is discharged with a cost at Taka 25,000 to be paid by the petitioner to the respondent No.3 within 3(three) months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 463. ......contractual relationship between a barrister and a client. This position continued until Hedley Byrne was decided by the House of Lords (1964) AC 465. In 1963, a unanimous House of Lords held that in principle there was no difference between physical loss and financial loss and that a duty to take c......lling upon the opposite parties in following terms: "Let a Rule be issued calling upon the opposite parties to show cause as to why a contempt proceeding should not be drawn up against them for willful disobedience in handing over the delivery of the machinary despite order of stay granted...... is discharged with a cost at Taka 25,000 to be paid by the petitioner to the respondent No.3 within 3(three) months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 463. ..Category: Civil Law, Contempt of Court Law | Date: | Hits: 417
State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
.... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ...... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......SC) 278; State Vs. Nurul Islam, 31 BLD (HCD) (2011) 285. Lawyers Involved: Muhammad Jamiruddin Sircar with Md. Munsurul Haque Chowdhury, Idris Khan, Md. Saifuddin Mahmud and Md. Zahirul Islam - for the condemned-prisoners (In Death Reference No. 20 of 2008). Nahid Sultana, State Defence Law......8 respectively made her submission adopting the submissions of Mr. Md. Jamiruddin Sircar and Mr. Md. Monsurul Haque Chowdhury, the learned Advocates made as above. The real question that calls for determination is whether the impugned judgment and order of conviction and sentence is sustainable i..Category: Criminal Law | Date: | Hits: 98
Mostain Mollah and others Vs. State, 1990, 19 CLC (HCD)
....oth the appeals are, therefore, allowed. We reject the letter of reference submitted by the learned Sessions Judge, Narail. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 295. ...... In order to make an accused liable for commission of any crime, it must he shown that he had committed the crime or aided or instigated in the same form or manner as other accused did. It is settled principle of law that mere presence of the accused near at the place of occurrence does not constitu......e was submitted by the learned District and Sessions Judge, Narail, under Memo No.620 dated 11.5.88 along with the records of the proceedings of the Sessions Case No.64 of 1985 under sections 302/109 for confirmation of the death sentence of accused‑condemned prisoners namely, 1. Mostain Mollah, 2......oth the appeals are, therefore, allowed. We reject the letter of reference submitted by the learned Sessions Judge, Narail. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 295. ..Category: Criminal Law | Date: | Hits: 95
Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....and the affidavit-in‑opposition would be corrected and read as if those names were never mentioned and no such imputation made. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 312.......nu and the situation prevalent at the relevant time cannot also be ignored. He had also cited various decisions of this Court and of Indian jurisdiction in support of his contention. 10. We, on principle, agree that in making the order of detention the past activities of a person may be consid......or the Respondents. Writ Petition No. 147 of 1991. Judgment Abdul Jalil J. - This rule nisi, at the instance of one Mostafizur Rahman, a relation of the detenu Hussain Mohammad Ershad, former President Bangladesh, was issued calling upon the respondents to show cause why the detenu Hu......and the affidavit-in‑opposition would be corrected and read as if those names were never mentioned and no such imputation made. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 312...Category: Criminal Law | Date: | Hits: 113
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