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Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)
....se. In the result, the appeal of Abdul Bari is allowed and those of others are dismissed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 43 DLR (1991) 336. ......ut an amount of delay or expense which, under the circumstance of the case, the court considers unreasonable: Provided that the proceeding was between the same parties or their representatives in interest; that the adverse party in the first proceeding had the right and opportunity to cross‑ex..Category: Criminal Law | Date: | Hits: 87
Bangladesh Inland Water Transport Corporation Vs. Nazma Transport Company, 1991, 20 CLC (HCD)
.... Court and the Marine Court is at liberty to proceed with the proceeding in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 152. ......s and circumstances of the case I am of the view that Mr. Khondker succeeds in both the points. In the result, the suit is dismissed. But the judgment of this Court shall not in any way prejudice the interest of any party in the proceeding pending before the Marine Court and the Marine Court is at l..Category: Admiralty Law or Maritime Law | Date: | Hits: 164
Agragami Engineers Ltd. Vs. Bangladesh Bank and others, 1992, 21 CLC (HCD)
....bound by the submission. In the result, this Rule is discharged with the observations as stated above without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 134.......ield if it is executed in exercise of a power under statute or Rules made thereunder and not otherwise. The petitioner therefore appears to have this threshold difficulty of having a sufficient legal interest to call for a writ of mandamus, to protect that legal right. 18. In the instant case the..Category: Others | Date: | Hits: 123
Md. Riaz Uddin Khan and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....of Tk. 100/-, in default, to suffer simple imprisonment for 1(one) day. They respondent No.2 is let off the charge with the above observations. This Case is also Reported in: 8 LG (AD) (2011) 122. ......1512, and observed: "If we had a provision in our Constitution for 'reasonable' regulation of the press such as India has included in hers there would be room for argument that censorÂship in the interest of morality would be permissible." 25. We held in contempt petition No.5 of 2010, in whi..Category: Criminal Law | Date: | Hits: 124
Privatization Commission Vs. Golam Mostafa and others, 2011, 40 CLC (AD)
....h costs of Taka 50,000. The judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 67, 31 BLD (AD) (2011) 173, 16 MLR (AD) (2011) 239. ......was executed between the Ministry of Finance and the Corporation for adjustment of the aforesaid loan. The writ respondents on several occasions floated international tenders and invited bid from the interested persons to sell the Mills, but in vain. The writ petitioner offered Taka 1, 60, 00,000 wh..Category: Civil Law | Date: | Hits: 90
Provas Chandra Banik Vs. Naresh Chandra Banik and others, 2009, 38 CLC (AD)
....e find no substance in the submission of the learned Advocate for the petitioner. The leave petition is thus dismissed having no merit. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 62. ...... proÂperty. Thereafter, Kailash Chandra died leaving behind his only son Nabaddip Chandra Banik and his brothers. In the meantime, the aforesaid loanee Bimala Banik failed to pay the loan along with interest for which Nabin Chandra Banik instituted Title Suit No.506 of 1917 in the 3rd Court of Subo..Category: Property Law | Date: | Hits: 75
Saifur Rahman Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....d 19.11.86 as at Annexure 'H' and Tare declared to be without lawful authority and are of no legal effect. There is no order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 210. ......hola." The aforesaid letter was addressed by the respondent No. 1 to the Deputy Commissioner, Bhola. A perusal of the above letter shows that certain findings were recorded adversely affecting the interests claimed by the petitioner in the disputed plots. It further appears that the settlement on..Category: Property Law | Date: | Hits: 63
Abdul Awal Mia (Md.) Vs. Sonali Bank & others, 1990, 19 CLC (HCD)
....nd decree of the learned Subordinate Judge are set aside and the suit is dismissed on contest against the added defendant No. 3 without cost. Ed. This Case is also Reported in: 43 DLR (1991) 201.......against the judgment and decree dated 8.2.74 passed by the learned Subordinate Judge, 1st Court, Sylhet in Money Suit No. 3 of 1969 and arises out of a suit for realisation of Tk. 19050.12 paisa with interest at the rate of 9% till realisation. 2. The plaint case, in short, is that the plaintiff ..Category: Civil Law | Date: | Hits: 82
Dildar Hossain and another Vs. Md. Sharif Hossain and others, 1990, 19 CLC (HCD)
....f fresh service of summons upon the cited witnesses is allowed. Let a copy of this order be transmitted to the Court concerned immediately. Ed. This Case is also Reported in: 43 DLR (1991) 196. ...... whose attendance is required either to give evidence or to produce documents. Thus we find that there is no bar in issuing summons upon the cited witnesses for the 2nd time if it is necessary in the interest of justice. The Court has also inherent power to cause service of summons upon witnesses of..Category: Property Law | Date: | Hits: 78
Sigma Huda Vs. Ishfaque Samad and others, 1993, 22 CLC (HCD)
....incerely, honestly and with due care and caution. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 129. ......ed petitioner; hence further continuation of the said illegal proceeding against the accused petitioner amounts to an abuse of the process of the Court and the same should therefore be quashed in the interest of justice and to save the accused petitioner from illegal harassment. While advancing the ..Category: Family Law | Date: | Hits: 191
Mahbubur Rahman Khan @ Tipu Vs. State, 1993, 22 CLC (HCD)
....pugned judgment. In the result, the appeal is dismissed. Let the LC Record of the case be sent down to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 117. ......arious other avocations. To such busy persons time is valuable. They cannot have the luxury of going to Court on receipt of summons only to come back without being able to depose in the case. Thus disinterested witnesses are losing interest to appear before the Court to avoid harassment of going to ..Category: Criminal Law | Date: | Hits: 75
State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)
....rate forthwith. With this direction, the petition is disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 53, 19 BLT (AD) (2011) 144, 8 LG (AD) (2011) 168, VIII ADC (2011) 620. ......the matter and refused, upon arrest, to grant bail, a grave or irreparable wrong or injustice might result which it was in the highest decree desirable to avoid, which at the same time preserving the interests of justice so far as they related to the charge against such accused person.................Category: Criminal Law | Date: | Hits: 89
Moazzem Hossain Chowdhury (Md.) Vs. Bangladesh, 1990, 19 CLC (HCD)
....if he is not wanted in connection with any other case. The Rule is accordingly made absolute. Let this order be communicated at once. Ed. This Case is also Reported in: 43 DLR (1991) 186. ......) of the Special Powers Act by his Memo. No. Ja/M/157(Jukta) dated 19.1.89 detaining the detenu for a period of 30 days with a view to preventing him from committing prejudicial activities and in the interest of sovereignty of the country, defence, economic security and peace vide Annexure "A" of th..Category: Constitutional Law | Date: | Hits: 172
Gura Meah Vs. Hari Pada Parial & others, 1990, 19 CLC (HCD)
....ubstance in this appeal for what have been discussed above. In the result, the appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 181.......May, 15, 1970. Having had found so, the lower Appellate Court held that the kabala registered on May 15, 1970 of the appellant being subsequent to the Exts. land 1 (a). Nirode Baran had no subsisting interest to transfer the land to the appellant and the appellant not being made a party in the suit ..Category: Property Law | Date: | Hits: 69
Abdul Kader (Md.) Vs. Md. Abdul Rafi Prodhan and other, 1989, 18 CLC (HCD)
....e, I find no substance in this Rule. The Rule is, accordingly, discharged with costs. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 166.......t of Tk. 500/‑ in Sonali Bank in favour of the Returning Officer as security for the cost of petition. The deposit was made under the head "P‑Deposits and Advances‑Part II‑Deposit not bearing interest Civil Deposit‑Deposits in connection with election. “বিà¦à¦¾à¦—ীয় ও বিà¦..Category: Election Law | Date: | Hits: 130
Anwar Hossain Majhi Vs. Government of BanglaÂdesh & others, 1989, 18 CLC (HCD)
....allow the petitioner to enter into his office immediately. 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) 155.......he formation of its opinion that due to initiation of the aforementioned criminal cases the exercise of powers by the petitioner as Chairman of the Upazila Parishad would likely be prejudicial to the interest of the Parishad or such exercise of powers by him is undesirable from the point of view of ..Category: Election Law | Date: | Hits: 121
Rana Awan (Mrs.) Vs. Bangladesh, 1990, 19 CLC (HCD)
....ed authority on 14.11.83 as contained in Annexure‑H to the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ......some persons named Dengu Purification, Dominic Purification, Alfred Purification, Bengu Purification and Maria Cruze and they sold this land to Alhaj Sheikh Mohammad Noor who was the predecessor in‑interest of the petitioner and others by executing and registering a deed of conveyance in the year ..Category: Property Law | Date: | Hits: 78
Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)
....do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ......udicial decisions. One of them is that where two suits raising common questions of facts and laws between parties common to both the suits, are pending in two different Courts, it is generally in the interest of justice to transfer one of those suits to the other forum to be tried by the same Court,..Category: Civil Law | Date: | Hits: 113
Durgarani Sarkar Vs. United Bank of India Ltd. and others, 1989, 18 CLC (HCD)
.... 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. ......tion. Their further case is that the bank acquired title in the disputed land on the basis of mortgage given by Sarada Paul. Subsequently Sarada Paul with the help of other gentlemen of the locality, interested in education, started a Primary School on 0.05 acre of land to the eastern side of the di..Category: Property Law | Date: | Hits: 70
Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)
....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. ......e disposal of this appeal are that the respondent No.2 instituted Artha Rin suit No.66 of 2006 in the Artha Rin Adalat No.1, Chittagong against the respondent No.1 for recovery of Tk. 53, 15,235 with interest pendentelite. The suit was eventually decreed. Thereafter, the decree-holdÂer put the decr..Category: Civil Law | Date: | Hits: 113
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