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Circle Officer, Sutrapur Vs. Mohammad, 1989, 18 CLC (HCD)

.... Same privilege of government and citizens for filing appeal for delay condonation The law is the same for the Government as well as for the citizens and that the Government can not enjoy a special privilege in the matter of condonation of delay in filing appeal……........(8)&...... the Rule is made absolute without any order as to cost. Let a copy of this judgment be sent to the District Judge, Dhaka immediately. Ed. This Case is also Reported in: 43 DLR (1991) 84. ..

Category: Limitation Law | Date: 9 Aug, 1989 | Hits: 178

Sree Birendra Nath Singh and others Vs. Md. Mokbul Shah and others, 1989, 18 CLC (HCD)

....erference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court‑records at once. Ed. This Case is also Reported in: 43 DLR (1991) 77. ......nt in Court. But the inordinate delay remains unexplained. Further the amendment petition involved setting up of a new case necessitating framing of new issue. In the cited case appellant applied for leave from the court of the Subordinate Judge for admission into evidence the certified copy of the ..

Category: Property Law | Date: 2 Aug, 1989 | Hits: 78

Ziaul Hoque Vs. Election Commis­sion, 1990, 19 CLC (HCD)

....he election was declared and held long after the delimitation. The respondent No. 5 is not at fault for the delimitation of the area and his election cannot be declared void for no fault of' his especially when he is not guilty of any corrupt or illegal prac­tices in holding and conducting t...... is discharged with compensatory cost of Tk. 5,000/‑ (Taka five thou sand) only to be paid to the respondent No. 5 by the petitioner. Ed. This Case is also Reported in: 43 DLR (1991) 9. ..

Category: Election Law | Date: 14 Jun, 1989 | Hits: 98

AK Banik & Khokan Kumar Saha Vs. M. Karim & another, 1989, 18 CLC (HCD)

....al Powers Act, 1974 detaining the detenu for 3 months from 3.2.89. By judgment and order dated 5.4.89 a Division Bench of this Division made the Rule absolute and set aside the order of detention. By special messenger of the Court the Court’s order dat­ed 5.4.89 was served upon the contemn......bsequently may be accepted. Let a copy of this judgment be forwarded to the Secretary, Ministry of Home Affairs forthwith. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 122. ..

Category: Contempt of Court Law, Criminal Law | Date: 11 Jun, 1989 | Hits: 102

Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)

....inate Judge, Narayanganj is directed to dispose of T.S. No.56 of 1984 in accordance with law as expeditiously as pos­sible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 357. ...... SCC Suit No.5/70 has not yet been finally disposed of by judgment, the plaintiff has no other alternative but to take shelter of the civil Court for appropriate relief. The plain­tiff prayed for leave of the Court for consequential relief after getting back the SCC Suit No.5/70 from the review ..

Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152

Ananda and others Vs. State, 1989, 18 CLC (HCD)

....not wanted in connection with any other case. The suo motu Rule for enhancement is dis­charged. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 533.......not wanted in connection with any other case. The suo motu Rule for enhancement is dis­charged. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 533...

Category: Women and Children | Date: 24 May, 1989 | Hits: 143

Inspector, Railway Nirapatta Bahini, Bangladesh Railway, Khulna and others Vs. Sohrab Ali, 1989, 18 CLC (HCD)

....purpose. At this stage an application for hearing the question of maintainability of the suit and disposal of the same on that ground alone was filed on 28.2.85 by the defendant‑petitioners. So the special provision made in Order 14 rule 2 or the Code of Civil Procedure for disposal of the suit on......order as to costs. The order of stay is vacated. Let the suit be disposed of in accordance with law as expeditiously as possible. Ed. This Case is also Reported in: 43 DLR (1991) 79. ..

Category: Employment/Service Law | Date: 18 Apr, 1989 | Hits: 87

Sukhendra Chandra Das Vs. Secretary, Ministry of Home Affairs, Govt. of Bangladesh and Others, 1988, 17 CLC (HCD)

....t be sent at once to the Sessions Judge and the Deputy Commissioner, Narayanganj and also to the Upazila Magistrate Arai­hazar Upazila. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 79. ......t be sent at once to the Sessions Judge and the Deputy Commissioner, Narayanganj and also to the Upazila Magistrate Arai­hazar Upazila. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 79. ..

Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193

Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)

....nd use the car and that the defendants were entitled to a lien in respect of repairs executed by them. Sargant LJ. Observed:- "The existence in the agreement of Septem­ber 13, 1922 of a special clause preventing the hirer from creating any lien for repairs does not, in my judgment, o...... have gone through the judgments written by my learned brothers Badrul Haider Chowdhury and M.H. Rahman, JJ; I concur in the judgment of M.H. Rahman J. M.H. Rahman J. — This appeal by special leave is directed against the judgment and or­der dated 5th July, 1987 of the High Court Division, ..

Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252

Jalaluddin Ahmed Chowdhury Vs. State, 1988, 17 CLC (HCD)

....der of conviction and sentence passed by the Additional Di­visional Special Judge is right. In the result, I dismiss the appeal. Ed. This Case is also Reported in: 41 DLR (1989) 87. ......der of conviction and sentence passed by the Additional Di­visional Special Judge is right. In the result, I dismiss the appeal. Ed. This Case is also Reported in: 41 DLR (1989) 87. ..

Category: Criminal Law | Date: 23 Mar, 1988 | Hits: 32

Mrs. Sajeda Parvin Banu Vs. Government of Bangla­desh and others, 1988, 17 CLC (AD)

....21 of 1987. (From the judgment and order dated 27.8.1987 Passed by the High Court Division, Dhaka in Writ Petition No. 294 of 1987). Judgment Badrul Haider Chowdhury J.- This appeal by special leave is directed against the judgment and order passed by the High Court Division in Writ P......87. (From the judgment and order dated 27.8.1987 Passed by the High Court Division, Dhaka in Writ Petition No. 294 of 1987). Judgment Badrul Haider Chowdhury J.- This appeal by special leave is directed against the judgment and order passed by the High Court Division in Writ Pe­ti..

Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95

Firoza Begum Vs. Hormuz Ali & another, 1987, 16 CLC (HCD)

....appeal is, there­fore, not maintainable on this ground also. The appeal accordingly is summarily dis­missed on the grounds suited above. Ed. This Case is also Reported in: 40 DLR (1988) 161.......appeal is, there­fore, not maintainable on this ground also. The appeal accordingly is summarily dis­missed on the grounds suited above. Ed. This Case is also Reported in: 40 DLR (1988) 161...

Category: Women and Children | Date: 29 Jul, 1987 | Hits: 112

Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)

....nciple of res judicata and dismissed the suit. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 56. ......udge; on setting aside the judgments of the courts below, dismissed the suit on a finding that the suit was hit by res judicata in view of the decision the two Redemption Suits. Against this decision leave was granted by us to consider the question whether the principle of res judicata was applied b..

Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106

Sreemati Parul Kusum Roy Vs. Bangladesh & others, 1987, 16 CLC (HCD)

....declared to have been passed without any lawful authority and to be no legal effect. Bimalendu Bikash Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 389. ......declared to have been passed without any lawful authority and to be no legal effect. Bimalendu Bikash Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 389. ..

Category: Property Law | Date: 22 Mar, 1987 | Hits: 13

Md. Nurul Haque Vs. Sonali Bank of Bangladesh & another, 1986, 15 CLC (HCD)

....evented the plaintiff from appearing in the Court when the suit was called on for hearing. 7. The supreme consideration for a Court of law is to do justice between the parties. In the absence of special reasons the courts of law have always leaned in favour of decid­ing disputes on merit affor......der section 115(1) C.P.C. The application is, therefore, summarily re­jected. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 223. ..

Category: Criminal Law | Date: 19 Nov, 1986 | Hits: 24

Subitri Bari Vs. Assistant Custodian of Enemy Property & Additional Deputy Commissioner (Rev) Patuakhali & others, 1986, 15 CLC (HCD)

....an Ordinance (Ordinance No.XXIII of 1965) in exercise of the power under clause (4) of Article 30 read with clause (2) of Article 131 of the said Constitution to meet the emergency and to provide for special measures to ensure the security, the public safety and interest and the defence of Pakistan ......evidence that may be adduced be­fore him. Bimaleodu Bikash Roy Chowdhury J. - I, however, make no order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 172. ..

Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259

Mansur Ali Vs. State, 1986, 15 CLC (HCD)

....trial in accordance with law. The appeal is, therefore, disposed of accordingly. Bimalendu Bikash Roy Choudhury J. — I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 184. ......trial in accordance with law. The appeal is, therefore, disposed of accordingly. Bimalendu Bikash Roy Choudhury J. — I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 184. ..

Category: Criminal Law | Date: 13 May, 1986 | Hits: 30

Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)

....eration of this judg­ment and order be stayed for a period of two months from today. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 78. ......he earnest money on the basis of which the first respondent made a bid and on his failure to pay the bid money, the action of the forfeiture of earnest money was taken. As regards the other action no leave has been granted and we are not called upon to enter into that question. But the question whet..

Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247

Ruhul Amin Vs. The State, 1986, 15 CLC (HCD)

....e of the pendency of a very large number of cases in which cognizance had already been taken before the coming into force of Ordinance-No XXIV of 1982 on 21.8.82 and so for those pending cases it was specially provided in section 35(c) of Ordinance No.XXIV of 1982 as follows:— "35. T......cord be sent down with a copy of this order at once. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 166.       ..

Category: Criminal Law, Procedural Law | Date: 19 Mar, 1986 | Hits: 3

Abdul Awal Vs. Abdul Mannan & another, 1986, 15 CLC (AD)

....udgment and order dated 20.5.85 passed by the High Court Division, Dhaka Bench, in Criminal Revision No. 168 of 1984.) Judgment Shahabuddin Ahmed J.- Accused-petitioner, Abdul Awal, seeks special leave to appeal from an order dated 20 May 1985 of the High Court Division, Dhaka, passed in......and order dated 20.5.85 passed by the High Court Division, Dhaka Bench, in Criminal Revision No. 168 of 1984.) Judgment Shahabuddin Ahmed J.- Accused-petitioner, Abdul Awal, seeks special leave to appeal from an order dated 20 May 1985 of the High Court Division, Dhaka, passed in Crimina..

Category: Criminal Law | Date: 16 Mar, 1986 | Hits: 77