Search Options
Judgment Advanced Search
Displaying 1401-1420 of 7208 results.
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. ......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 by the High Court Division on proper appr......the two Redemption Suits. Against this decision leave was granted by us to consider the question whether the principle of res judicata was applied by the High Court Division on proper appreciation of facts and correct interpretation of law involved in this case. 6. Facts of the case, though a l..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. ......l of the lease in favour of the stranger respondents 6 to 9 and the declaration of the property as vested property were all arbitrary, illegal, malafide and without any sanction of law. Upon the said facts and circumstances the petitioner made this application under Article 102 of the Constitution. ..Category: Property Law | Date: 22 Mar, 1987 | Hits: 13
Md. Nurul Haque Vs. Sonali Bank of Bangladesh & another, 1986, 15 CLC (HCD)
....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. ......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. ......aintiff petitioner had sufficient genuine ground for praying for adjournment as the suit could not proceed without those essential documents. The learned Subordinate Judge took the view that in the facts and circumstances of the case for the ends of justice the order of dismissal should be vacated..Category: Criminal Law | Date: 19 Nov, 1986 | Hits: 24
....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.
...... Patuakhaii who affirmed the decision of the trial Court. Being aggrieved defendant No.1 has obtained the present Rule challenging the propriety of the said judgment and decree.
6. The principal question in this Rule is whether an Assistant Custodian Enemy Property (Lands and Buildings) can mai...... learned Additional District Judge, 1st Court Patuakhali in Title Appeal No.34 of 1982 affirming those passed by the learned Subordinate Judge, 2nd Court, in Title Suit No.4 of 1982.
2. The facts of the case lie in a narrow compass and may be stated thus:- One Taramoni, the mother of defen..
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. ......ore than one year. Thus we are of the opinion that in this case the charge was illegally framed in gross violation of the provisions of section 222(2) of the Code of Criminal Procedure. 7. Now the question that arises is whether this illegality is liable to be cured under section 537 of the Cod......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. ......nistry of Land Administration and Land Reforms to take measure for development work under the Additional Deputy Commissioner (Revenue) or the Upazilla Nirbahi Officer of Kulaura and there was no question of failure of any terms and condition of settlement. It is further stated that the Upazilla......refore is one of jurisdiction of the High Court in writ matters. Can the High Court pass an order to refund earnest money or security deposit made as one of the stipulations of the contract? The facts stated earlier and the clause just quoted indicate that the forfeiture of the earnest mon..Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247
Reajuddin and another Vs. Azimuddin@ Abdul Aziz and others, 1986, 15 CLC (HCD)
....ent of the learned Lower Appellate Court it affirmed. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD)(1987) 228. ......s contention he also referred me to the case of Gendha Bepari Vs. Abdul Mansur Mia and ors, reported in 19 DLR 349. This is also a decision of a single Bench of the Dhaka High Court. In that case the question of admissibility of a certified copy of a plaint also came up before the Bench for consider......eding case and the Money Suit found that the deed of surrender was not acted upon. In this respect it is pertinent to observe that the Lower Appellate Court for arriving at a conclusion of its own on facts need not refer to each and every piece of document considered by the trial court if the eviden..Category: Evidence Law | Date: 3 Apr, 1986 | Hits: 8
Ruhul Amin Vs. The State, 1986, 15 CLC (HCD)
....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. ......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. ......re that date, further proceedings in respect of the trial shall stand stopped and the accused person released." It came into force on 8.8.83. 8. In the present case while narrating the facts of the case we have already shown that although the learned Sessions Judge received the case o..Category: Criminal Law, Procedural Law | Date: 19 Mar, 1986 | Hits: 3
Mst. Ayesha Sultana @ Minu Vs. Md. Shahjahan Ali, 1986, 15 CLC (HCD)
....ce to pay a fine of Tk. 1000/- in default to suffer simple imprisonment for three months. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 140. ......1.72 and since the prosecution could not produce any document to show that at time of accused's second marriage on 14.9.78 the Arbitration Council or its Chairman was in existence and so the question of taking permission did not arise. The learned Judge also, relying on the evidence of two ......ce to pay a fine of Tk. 1000/- in default to suffer simple imprisonment for three months. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 140. ..Category: Family Law | Date: 17 Mar, 1986 | Hits: 1
Shaikh Obaidul Haq Vs. The State & another, 1986, 15 CLC (HCD)
....litan Magistrate, Dhaka be quashed. Latifur Rahman, J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 105. ......the delivery of the goods is made not as a result of any dishonest inducement then no offence of cheating is committed. In a case of supply of goods on premise to pay its price the all important question to be determined is whether the intention not to pay the price was there when the promise w...... on future date and the fact that the cheque is dishonoured which amounts only to a breach of promise is not a criminal offence. In this case the complaint petition does not disclose and the admitted facts and circumstances relating to the business transaction between the petitioner and the opposite..Category: Criminal Law | Date: 20 Feb, 1986 | Hits: 1
Mrs. Shahar Banoo Ziwar Sultana Beyad Vs. Mrs. Wahida Khan & 5 others, 1986, 15 CLC (HCD)
.... absolute and the impugned order is set aside. The Criminal proceeding will continue as usual. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 132. ...... absolute and the impugned order is set aside. The Criminal proceeding will continue as usual. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 132. ......heating is kept stayed indefinitely that will certainly prejudice the complainant as well as the criminal case itself. Indefinite adjournment of a criminal case is against the policy of law. Upon the facts and circumstances of the case it does not at all appear to be reasonable to stay indefini..Category: Procedural Law | Date: 14 Feb, 1986 | Hits: 31
Abul Hashem (Bulbul) Vs. Mobarak Uddin Mahmud, 1986, 15 CLC (HCD)
....below are affirmed. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 145. ......llot papers were opened us 7.8.64 and the counting was made on 1.9.84. It has been submitted that during these 24 days the bags were kept in the custody of the Court and therefore there cannot be any question of interpolation. I do not find from the order-sheet of the Tribunal that during those......y. We find it impossible to say that the election Tribunal was wrong in accepting the appellant's explanation." 10. In the instant case the appellate Court is both a Court of law and of facts. If as the final Court of fact the appellate Court has accepted the explanation of the opposit..Category: Election Law, Evidence Law | Date: 12 Feb, 1986 | Hits: 4
Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)
....of the case in accordance with law as expeditiously as possible. Md. Abdul Jalil, J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 152. ...... sub-sections Including sub-section (7A) of section 167 applies in this case in view of the specific special provisions made by the law makers in section 35 (c) of Ordinance No.XXIV of 1982, the question of obtaining specific order of the District Magistrate by the prosecution for revival of th......he Penal Code pending before the Upazila Magistrate, Banshkhali, Chittagong should not be quashed or such other or farther order or orders passed as to this Court may seem fit and proper. 2. The facts of the case are as follows: On 2.3.82 Md. Abul Hashem, Officer-in-charge of Purba Baragho..Category: Criminal Law, Procedural Law | Date: 30 Jan, 1986 | Hits: 1
Latfur Rahman and others Vs. Golam Ahmad Shah and others, 1986, 15 CLC (AD)
....aid by way of advance within 3 months. In default, the contract stands and the decree will be enforced. No order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 242. ......he contract been executed in 1970. Mere refund of his earnest money cannot bring any solace to him because with this amount he cannot acquire any property which he could do in 1970. 16. Then the question comes when the hardship is on both sides, how the Court will adjudicate the matter. The Pri......the High Court Division dismissed the appeal and affirmed the judgment and decree of the trial Court. 4. Leave was granted to consider the submissions that even if the contract was good in the facts and circumstances of the case whether the Court should have used its discretion in refusing to..Category: Contract Law | Date: 27 Jan, 1986 | Hits: 212
Sakya Pada Barua & others Vs. The State and others, 1986, 15 CLC (HCD)
....urul Mostafa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 86. ......ifferent (in both cases charge sheets were submitted and cognizance was taken before the offences in respect of which they were submitted were omitted from the schedule of the Special Powers Act, the question substantially is whether the offences which were committed before their omission from the s......ns 30(1) and 34 of the Special Powers Act, 1974. The majority view was further expressed in the said decision (32) D.L.R. (A.D.) page 1) in the following terms: ''In the present case the facts, though as shown before, are a little different (in both cases charge sheets were submitted an..Category: Criminal Law | Date: 12 Jan, 1986 | Hits: 1
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
....t, the Rule is made absolute. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 93. ......eld by the Appellate Division as follows:— "We are in agreement with the view of Supreme Court of Pakistan in Rowshan Bijaya Shawkat Ali Khan's case (18 D.L.R. (S.C.) 214) on this question. We, therefore, find that an illegal order of detention can not continued by a subsequ......h person of his right of making such representation and to afford him the earliest opportunity of doing so; Provided that nothing in this section shall require the authority 10 disclose the facts which it considers to be against the public interest to disclose. (2) In the case of..Category: Criminal Law | Date: 11 Dec, 1985 | Hits: 2
Noor Mohammad Vs. The State, 1985, 14 CLC (HCD)
....ion. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 111. ...... in the post mortem report which was antemortem and homicidal in nature. It can be inferred from the evidence of the doctor P.W.2 that deceased Lutfunessa did not commit suicide but was murdered. The question is who murdered the deceased. (Discussion of evidence omitted). 11. From the mere......ion. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 111. ..Category: Criminal Law, Evidence Law | Date: 29 Nov, 1985 | Hits: 5
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
....e informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 8. ......405 was also committed besides that of cheating for which the accused was found guilty. 6. Now let us advert to the first ground which appears to be of considerable substance and importance. The question is whether a, Magistrate upon finding an accused guilty a under section 420 Penal Code can ......e Opposite-party No.1 Kaloo Khandaker under section 420 Penal Code and sentencing turn thereunder to a fine of Tk. 5,000/- in default Rigorous Imprisonment for 2(two) years. 2. Briefly, the facts of the case are that the petitioner lodged an F.I.R with the Motijheel Police Station being Mo..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 3
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
.... thirty five thousand) be paid to the informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 8. ......n 405 was also committed besides that of cheating for which the accused was found guilty. 6. Now let us advert to the first ground which appears to be of considerable substance and importance. The question is whether a Magistrate upon finding an accused guilty a under section 420 Penal Code can p......ng the Opposite-party No.1 Kaloo Khandaker under section 420 Penal Code and sentencing turn thereunder to a fine of Tk. 5,000/- in default Rigorous Imprisonment for 2(two) years. 2. Briefly, the facts of the case are that the petitioner lodged an F.I.R with the Motijheel Police Station being Mo..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 25
Abul Quasem (Md) Vs. Md. Lutfur Rahman, 1985, 14 CLC (AD)
....e rise to any apprehension in the mind of the litigant. In the result, therefore, this petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17; 10 BLD (AD) 3. ......in view. 12. It is true that the acceptance of the report may cause apprehension in the mind of the party, but if the terms of Order 26, rule 10 of the Code are analysed the fear disappears. The question of res judicata does not arise because this issue cannot be said to be air issue in any for......considering the report of the Commissioner afresh again in the light of fresh materials as may be legally brought in the record by the parties. The Commissioner's report is to be evaluated in the facts of the case on the evidence adduced and the Court has wide discretion in such matter. Mere acc..Category: Property Law | Date: 11 Nov, 1985 | Hits: 44
16718507849876428492760985759412940991508467941094111660914891499151914084911736