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Monwar Ali Vs. Dhaka Club Ltd. & others, 1996, 25 CLC (HCD)
.... submits that the allegation has not been proved against the delinquent plaintiff petitioner who claims prima facie case and balance of convenience and inconvenience in his favour. 8. On the other hand, Mr. Habibul Islam Bhuiyan, the learned Counsel for the Dhaka Club, submits that the allegation......28.2.96 is hereby vacated. No order as to costs. The office is directed to send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 492. ..Category: Civil Law | Date: | Hits: 110
Abul Basher Chowdhury Vs. Mehar Khatun, 1982, 11 CLC (HCD)
....ct or statute can exercise the right of review under Order 47 rule 1 of the Code of Civil Procedure. 4. Mr. Fazlul Karim the learned AdvoÂcate for the pre-emptor opposite party No.1, on the other hand, relies upon section 141 of the Code of Civil Procedure which provides that the procedure provi......ppellate Court below calls for any interÂference in revision. In the result the rule is discharged withÂout any order as to costs. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 6. ..Category: Procedural Law | Date: | Hits: 119
Fazlul Huq Haider @ Mollah Vs. State, 1982, 11 CLC (HCD)
....gave order to assault Nuruddin. The learned Additional Sessions Judge thereupon issued the following order on 1.8.79: "Accused persons present in dock. Witnesses file hajira. Mr. Moor MohamÂmad Khandaker, A.P.P. appears and he files a petition with a prayer for adjournÂment and also prays for ......icing daily work for earning his livelihood and that is why no one, specially independent witnesses, ever wants to become a prosecution witness in this country. 7. Further it is very surprising to note in this case that the Assistant Public Prosecutor and the learned Additional Sessions Judge do ..Category: Criminal Law | Date: | Hits: 92
Ansarul Huque Vs. Agrani Bank, 1996, 25 CLC (HCD)
....tiously as possible preferably within three months from the date of receipt of the Judgment. Our order dated 12‑2‑96 is recalled. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 479. ......uits are perfectly valid and not liable to be set aside. 6. Section 13 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the Act) defines a negotiable instruments as a promissory note, bill of exchange or cheque payable either to order or to bearer. Section 4 of the Act defines ..Category: Civil Law | Date: | Hits: 87
Rezaul Bari (Md.) Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....rned Additional Chief Judicial Magistrate, Rangpur but those applications were rejected. The learned Additional Chief Judicial Magistrate by an order dated 10-6-2008 directed the Mithapukur Police to hand over the case records to the local Durniti Daman Office for holding investigation. Challenging ......ged without any order as to costs. The order of stay granted earlier is hereby recalled and vacated. Communicate this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 54...Category: Anti-Corruption Laws | Date: | Hits: 142
SM Aynul Kabir and others Vs. Kambar Ali and others, 2010, 39 CLC (HCD)
.... 12. After scrutiny of the above decisions, we are of the view that scarcity of the land and pressure for accommodation either for residential and commercial purposes in urban areas has been growing hand in hand every day while the time for resolution of the dispute is so uncertain that nobody can ......6-2005 and status-quo dated 7-5-2008 granted earlier by this Court stand vacated. Office is directed to send down the record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 51...Category: Civil Law | Date: | Hits: 111
Asgar Ali Mia and others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....hore 56; 33 IA 60; Ashraf Ali Vs. Etim Ali, 11 DLR 185; Grida Lal Vs. Bengal Government, (1868) 12 MIA 448; Sree Jukta Haladhar Karmakar Vs. Bangladesh, 26 BLD 529; Karimunnessa being dead her heirs Chand Ali Pramanik Vs. Sorab Ali, 8 BLC 255; Bangladesh Vs. Sailesh Chandra Bhattacharya 'Vol. IV’ ...... (F) of 2004 is disposed of accordingly. However, there will be no order as to costs. Sent down the lower Court's records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 37...Category: Property Law | Date: | Hits: 147
Mannaco Lab. Ltd. Vs. General Certificate Officer & Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)
....erÂing Vs. Certificate Officer (17 DLR 404) and Shafiqur Rahman Vs. Certificate Officer (29 DLR (SC) 233). 6. Mr. Shamsul Hossain Kamal, the learned Advocate for the respondent No.2, on the other hand, submits that the bank maintained the account in its usual course of business and claimed the a......ted 29.2.88 issued by the respondent No.1 in the aforesaid certificate case are without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 159. ..Category: Civil Law | Date: | Hits: 171
Ayezuddin Sheikh & others Vs. Abdul Karim Sheikh & others, 1989, 18 CLC (HCD)
....dated 12.1.84 and as such it was not an order amounting to a decree to be appealable. 8. Mr. Gazi Siddique Ahmed, the learned AdÂvocate appearing for the contesting opposite parties, on the other hand, submits that this point was not raised specifically by the present petitioners as reÂspondent......oncerned. In the facts and circumstance of the case, there will be no order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 154. ..Category: Procedural Law | Date: | Hits: 174
Abdus Sukur Mia Vs. State, 1994, 23 CLC (HCD)
....men (Deterrent Punishment) Ordinance, 1983 and sentenced him accordingly as stated above. Being aggrieved by the same, the accused appellant has preferred the present appeal in this Court. 4. Mr. Khandker Mahbub Hossain with Md. Afzal Hossain and Mr. Golam Kibria, the learned Advocates appeared f......gly ordered. The appeal is thus dismissed with the above modification of sentence only. Send down the records of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 228. ..Category: Criminal Law | Date: | Hits: 135
Tara Mohan Barman Vs. Ananda Mohan Barman & others, 1995, 24 CLC (HCD)
....f 1981 by the Subordinate Judge, Thakurgaon, decreeing the suit for declaration of title brought by the petitioner. 2. Admittedly, the suit land along with other lands belonged to Ghosal Sing and Chandra Singh each having 8 annas share. Ghosal Singh died leaving two sons Darika Nath and Girish Ch......tay order granted earlier by this Court is hereby vacated. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 226. ..Category: Property Law | Date: | Hits: 123
Mahbuba Wahed Vs. Secretary Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....tendent, Dhaka Central Jail forthwith at the cost of the petitioner by Special Messenger for compliance with the order of this Court. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 153.......o do so, in spite of an opportunity having been afforded to it, a serious infirmity would creep into the detention order." 8. In the above decision Judges of the SuÂpreme Court of India also took note of the case of Lakshman Khatik Vs. State of West Bengal reported in 1974 IV Supreme Court Cases..Category: Criminal Law | Date: | Hits: 109
Ahmed Silk Mills Ltd. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)
....ontention he has referred to the case of Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 38 DLR (AD) 70. 7. Mr. Tofazzal Islam, the learned Advocate for the opposite party, submits on the other hand that the Miscellaneous Case may be a subsequent proÂceeding, but it will proceed in its own wa......ustice and as such it does not call for any interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 140. ..Category: Civil Law | Date: | Hits: 119
Taslima Begum @ Anguri and another Vs. State, 1989, 18 CLC (HCD)
....elated to cases, of taking cognizance by a Magistrate are not relevant for our purpose. Thus the application is summarily rejected. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 136. ......nd the Court granted such time and the Sessions Judge in turn granted time but those were totally irrelevant, superfluous, redundant and not in accordance with law and as such we cannot lawfully take note of those orders made in the records of the case. It is probably through mistaken notion of law ..Category: Criminal Law | Date: | Hits: 84
Delwar Hossain (Md.) Vs. State, 2009, 38 CLC (HCD)
.... were the police personnel and they being the partisan witnesses, their testimony ought not to have been accepted, as those were not corroborated by any other independent witness. 11. On the other hand, Mr. SM Asadullah Tarique, the learned Assistant Attorney General supported the judgment and or......o the local police station about the said occurrence. He denied the suggestion that he did not send the recovered arms to the expert to examine the same and he admitted that he did not mention in his note that the arms were in order. 23. P.W.9 Md. Rabiul Haque was tendered and the defence decline..Category: Criminal Law | Date: | Hits: 128
Sheikh Hasina Vs. State & another, 2010, 39 CLC (HCD)
.... exercise of power in the public interest and in the interest of the country and, as such, the same cannot be an offence. It is admitted in the FIR and charge sheet that the petitioner had no role or hand in the selection of Frigate for purchase. Because all the process were completed by the previou......of Tejgaon PS Case No.34(8) 2002, now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 26. ..Category: Criminal Law | Date: | Hits: 106
Rajshahi Girls' High School, Rajshahi and others Vs. Md. Abdul Mannan, 1995, 24 CLC (HCD)
.... she was asked by the Managing Committee to submit a report about the performance of the plaintiff opposite party No.1 and, in that view of the matter, it cannot be said that the Headmistress had any hand in passing the resolution dated 24‑6-86. It is now well settled that in such cases the civil ......opposite party No.1 has failed to prove his case on merits and, as such, the suit is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 472. ..Category: Employment/Service Law | Date: | Hits: 166
Eliadah McCord Vs. State, 1995, 24 CLC (HCD)
....ped by the dishonest and unscrupulous drugs traffickers whose dishonest drugs business she could not understand before. 11. Mr. M. Shamsul Alam, the learned Deputy Attorney‑General, on the other hand, submits that she might be a teenaged girl, but she had the understanding as to what is objecti......icated to the Ambassador of the United States of America in Bangladesh having his office at Baridhara, Gulshan, Dhaka, for information. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 495...Category: Criminal Law | Date: | Hits: 162
Habibur Rahman Bhuiyan (Md.) and others Vs. Galman Begum and others, 2011, 40 CLC (AD)
....€¦â€¦â€¦â€¦â€¦â€¦Respondents Judgment June 15, 2011. Result: The appeal is allowed. Cases Referred to- Abdus Samad Vs. Md. Sohrab Ali, 33 DLR (AD)113; Abdur Rashid Sarker Vs. Dines Chandra Das, 58 DLR (AD) 159; Motilal Sikder Vs. Benodini Basi, 28 DLR (AD) 5; Anwara Khatun Vs. Md. ......my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:64 DLR (AD) (2012) 133. ..Category: Property Law | Date: | Hits: 138
Assistant General Manager, Rupali Bank, Barisal & others Vs. Nazrul Islam Miah, 1986, 15 CLC (HCD)
....t he placed reliance on Abdul Hannan Sikder and others Vs. BanglaÂdesh Bank & others reported in 31 DLR (AD) 298. The learned Advocate for the plaintiff-respondent-opposite parties on that other hand submitted that although there was no acquisiÂtion in the termination order the action taken ag......erfere with the impugned Judgment and decree of the Courts below. Accordingly, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 167. ..Category: Labour and Industrial Law | Date: | Hits: 186