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Repco Laboratories Ltd. Vs. Nuruddin Ahmed and others, 1989, 18 CLC (HCD)

....dge has no such jurisdiction under Order 39 rule 4 and section 151 of the Code. The order of temporary injunction having been passed by the learned District Judge the learned Subordinate Judge has no scope to consider the question of the balance of convenience of the parties and the learned Subordin......ocedure there is no scope for me for interference with his order. Accordingly, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 123. ..

Category: Procedural Law | Date: | Hits: 84

Durgarani Sarkar Vs. United Bank of India Ltd. and others, 1989, 18 CLC (HCD)

....ce on record has arrived at the finding of facts assigning reasons thereof that the plaintiff failed to prove her alleged contract to purchase the disputed land with the defendant bank, I find little scope to interfere with the impugned judgment and decree under section 115 of the Code of Civil Proc...... at the Bank's rate althrough till repayment of the same. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 121. ..

Category: Property Law | Date: | Hits: 70

Wahida Rashid (Most) and another Vs. Miron Muhammad Zahidul Hoque, 1990, 19 CLC (HCD)

....Haider, appearing for the plaintiff‑opposite party, submits that the amount of Tk. 6000/‑ was paid by the defendants to the plaintiff as security money and the law does not permit and there is no scope for adjusting the said amount towards the realisation or adjustment of rent and hence the Cour......not call for any interference by this Court at this revisional stage. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 115...

Category: Property Law | Date: | Hits: 66

Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)

....in time". 4. Mr. Mahbubey Alam, learned counsel appearing for the appellant, questioned the propriety of the direction made by the High Court Division. According to the learned counsel there is no scope for the High Court Division to pass any order of stay of the order of the executing court with......to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 93, 31 BLD (AD) (2011) 78, 8 LG (AD) (2011) 145, 16 MLR (AD)(2011) 205. ..

Category: Civil Law | Date: | Hits: 113

Shafiuddin Khan (Md) Vs. State and another, 1993, 22 CLC (HCD)

....against the accused petitioner under section 420 BPC after amending the charge in the light of the observation made in the judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 102. ......section 420/406 of the Bangladesh Penal Code. Thereafter the accused petitioner surrendered before the Court and considering his status as a former Union Parishad Chairman Learned Magistrate granting bail on 19.12.84. Thereafter on 17.3.85 after hearing the prosecution and defence and considering th..

Category: Criminal Law | Date: | Hits: 132

Nurul Absar Chowdhury and others Vs. Haji Abdul Hoque Sowdagar, 1990, 19 CLC (HCD)

.... 3. Mr. Faridul Alam Chowdhury further submits that his client produced certain document showing him as sub‑tenant but that not having been accepted the order impugned is also bad. In view of the scope of section 115(1) of the Code of Civil Procedure mere error of law is no ground to set aside t......rned Advocate for the petitioners. Therefore, I do not find any substance in the Rule. The Rule is discharged. But no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 112. ..

Category: Property Law | Date: | Hits: 67

Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)

.... evidence to establish the same. So question of their apprehension of being attacked or assaulted and thereby to have any apprehension of death or grievous hurt could not arise and hence there was no scope for exercising the right of such private defence to the extent of killing the victim Tajur Mul......om ten (10) years RI to 8 years RI each, which is accordingly reduced. In the result the appeal is dismissed with the above modification of sentence only. Accused appellant Sarwar Karnal who is on bail is directed to surrender to his bail bond and serve out the remaining sentence. Let the reco..

Category: Criminal Law | Date: | Hits: 86

SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....g Court heard the application and rejected the same by the impugned order dated 5.4.2010 in a short slip manner only on the ground that the Artha Rin Adalat Ain, 2003 is a special law and there is no scope to give permission for selling the property under the provision of the Code of Civil Procedure......ill proceed in accordance with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.-I agree. This Case is also Reported in: ..

Category: Procedural Law | Date: | Hits: 80

Zahangir Sheikh and another Vs. State, 2011, 40 CLC (HCD)

....Session Case No.41 of 1995 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J. - I agree. This Case is also Reported in: ......t and order of conviction and sentence on 20.2.1997 as stated above. The appellants moved in this Court with the instant criminal appeal against the said judgment and order, and subsequently obtained bail. 6. Mr. Mohammad Ali Khan, learned Advocate appearing for the appellants submits that there ..

Category: Criminal Law | Date: | Hits: 58

Babul and others Vs. State, 2011, 40 CLC (HCD)

....other case. Since appellant No.3 Abdur Rab Chowkider is on bail, he is released from his bail bond. Send down the lower Court records. Borhanuddin J.-I agree. This Case is also Reported in: ......co-accused Abdus Satter as the allegation was not proved against him. The appellants preferred the instant criminal appeal against the said judgment and order. Subsequently appellant No.3 was granted bail by this Court. 6. Mr. Mohd. Lokman Hossen, learned Advocate appearing for the appellants sub..

Category: Criminal Law | Date: | Hits: 111

Abdul Khaleque Vs. State, 1992, 21 CLC (HCD)

....s rigorous imprisonment. The impugned judgment is modified accordingly. Let the LC records be transmitted to the court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 75.......on 5.11.86 on the ground of his absconsion and his hut was attached and order of proclamation was hung in the barandah of his hut. Accused Manir was arrested on 5.11.86 and forwarded to court and his bail was refused. Then on 12.11.86 accused Abdul Khaleque surrendered before the Court. 13. It is..

Category: Criminal Law | Date: | Hits: 78

Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)

.... be remembered that the actions of a person thus penalised must come fairly and squarely within the plain words of the statute. It will not be enough if the allegations come substantially within the scope of law, giving a wide direction to the court in interpreting laws to fit in a given fact. So, ......the Waqf Ordinance is without jurisdiction and has, therefore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70...

Category: Trust/Waqf Law | Date: | Hits: 157

Ajiran Nessa Bewa and others Vs. Md. Abdul Mannan, 1992, 21 CLC (HCD)

....ese decisions holding different views, the issue raised in this case seems to me a piquant one and calls for elaborate discussion. 10. It is necessary at the outset to state briefly the object and scope of the Code of Civil Procedure. The object of the Code is to consolidate the law relating to C......assed by the learned Munsif, Sreebordi, in OC Execution Case No.13 of 1984 is set aside and the execution case is dismissed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 66, 29 BLD 323...

Category: Procedural Law | Date: | Hits: 95

Bangladesh Vs. Abdul Wahab & others, 1991, 20 CLC (HCD)

....n exercised must proceed on evidence or material which the Court can legally take notice of. 18. It is true that while considering the question of reasonable excuse or sufficient reason within the scope of proviso of section 5 of the Limitation Act good faith and due diligence are pre‑requisite...... taken his Lordship Mr. Justice Bimalendu Bikash Roy Chowdhury. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 30. ..

Category: Procedural Law | Date: | Hits: 87

Tajjaternessa Vs. Md. Suruj Mia and others, 1992, 21 CLC (HCD)

...., which has been made part of the final decree, that the parties got the land of their saham demarcated by posting pucca pillars. Since the decree passed on compromise was a final decree, there is no scope for making the decree final again and in that view of the matter I find that the order of the ...... 1963 is set aside. Any of the parties to decree in that suit may apply for engrossment of the decree on stamped paper, if so advised. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 28. ..

Category: Property Law | Date: | Hits: 76

Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)

....yed in the judicial service is promoted and/or posted to another post in the judicial service, but also when such person is promoted and/or posted to a post outside the judicial services, there is no scope from complying with the requirement of Article 116 of the Constitution. 28. Mr. TH Khan wan...... Majumder, the learned Advocates for the petitioner. The prayer for staying operation of the order be stated for one month from this date. Ed. This Case is also Referred to: 48 DLR (1996) 1. ..

Category: Employment/Service Law | Date: | Hits: 173

Bangladesh Vs. M/s. Mashrique Tex­tiles and others, 1982, 11 CLC (AD)

....rator mentioned in clause 21 of the Agreement, learned Counsel for the respondent mentioned that he approached the authority concerned for settl­ing the dispute, but with no effect. 11. As to the scope of section 20 and the question of jurisdiction conferred on the Court. Dr. Kamal Hossain, refe......at the agreement be filed in Court must, however, stand. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 66. ..

Category: Alternative Dispute Resolution | Date: | Hits: 147

Zebunnessa Vs. Commissioner of Income Tax North (Zone), Dacca, 1982, 11 CLC (AD)

....ending therein that the Income Tax Officer having made the assessment with full knowledge of all the material facts and after due consideration thereof, in absence of any fresh material, there was no scope to attract the provision of section 34A. It was also contended that the bona fide annual value......ve the question of assessment open for determination by the Department in the light of the observations made above. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 56...

Category: Fiscal/Taxation Law | Date: | Hits: 88

Abdur Rahman and others Vs. Sultan ® Sultan & others, 1982, 11 CLC (AD)

....de for examination of parties or their witnesses. Rule 18(2) provides that if the parties do not appear the Commissioner may proceed in their business. The entire law in thus codified and there is no scope for introducing any new rule of procedure on a supposed principle of natural justice. With res......any equita­ble relief. In the result, therefore, this appeal is allo­wed with costs. The order of the High Court Division is set aside. Ed. This Case is also Reported in: 35 DLR (1983) 51. ..

Category: Procedural Law | Date: | Hits: 72

Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)

....the Constitution of the People’s Republic of Bangladesh stood suspended with immediate effect. If clauses (f) and (g) are read together, the object of framing clause (g) becomes clear, that is, the scope of abate­ment. On the suspension of the Constitu­tion the High Court Division ceased to have......n filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ..

Category: Constitutional Law | Date: | Hits: 181