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Boynuddin and others Vs. Azimuddin and others, 1989, 18 CLC (HCD)
....with costs and the order dated 27.3.73 is set aside and the miscellaneous case under section 47 of the Code of Civil Procedure is restored. Ed. This Case is also Reported in: 43 DLR (1991) 207. ......f Civil Procedure the petitioners, therefore, was entitled to take resort to the inherent power of the Court under section 151 of the Code of Civil Procedure for ends of justice. It is also a settled principle that where a mistake of a Court or Court's officer causes some injustice to a particular p......is Rule at the instance of some of the judgment‑debtors is directed against an order passed by the learned Munsif, Rajshahi rejecting an application under section 151 of the Code of Civil Procedure for restoration of an objection under section 47 of the said Code. 2. The facts which gave rise t......with costs and the order dated 27.3.73 is set aside and the miscellaneous case under section 47 of the Code of Civil Procedure is restored. Ed. This Case is also Reported in: 43 DLR (1991) 207. ..Category: Procedural Law | Date: | Hits: 83
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.......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.......ppeal by added defendant No. 3 is directed 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 pl...... required under Order 1 rule 10 sub‑rule (4) of the Code of Civil Procedure making any allegation against the added defendant No. 3 as to defalcation. In such circumstances we hold the view that in determination of the question of fact namely, defalcation of the amount of Taka 19,050.12 the partie..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. ......cts and circumstances of the case and the relevant provision of law and as a result there has been a failure of justice and hence the impugned order is liable to set aside. 16. It is well settled principle of the administration of justice should not only be done, but it must be shown to have bee.......Petitioner Vs. Md. Sharif Hossain and others..................Opposite Party. Judgment May 23, 1990. Lawyers Involved: Abdus Salam Khan, Advocate ‑ For the Petitioner. Md. Lutfor Rahman Mondal, Advocate ‑ For the Opposite Party. Civil Revision No. 225 of 1990. Judgme......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. ..Category: Property Law | Date: | Hits: 78
Habibullah Chowdhury (Md.) Vs. Rajdhani Unnayan Kartipakhho and another, 1990, 19 CLC (HCD)
.... to costs and the order of stay passed by this Court is vacated. Let a copy of the judgment be served on the respondents for future guidance. Ed. This Case is also Reported in: 43 DLR (1991) 187.......es of the prescribed fee and reasonable fine and prayed for withdrawing the notice of demolition. The petitioner alleges that without giving him an opportunity of personal hearing in violation of the principle of natural justice, the respondents issued notice dated 18.5.1989 directing the petitioner......1989 from the respondent No. 2 to show cause within 7 days why his tin shed structures of 488 Purba Monipuripara should not be demolished as the same was constructed without obtaining sanctioned plan for the same. The petitioner submitted a reply to that notice on 18.5.1989 stating that the said tin...... to costs and the order of stay passed by this Court is vacated. Let a copy of the judgment be served on the respondents for future guidance. Ed. This Case is also Reported in: 43 DLR (1991) 187...Category: Property Law | Date: | Hits: 77
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. ...... freedom is so fettered. The imputation complained of is his or her own but has been made on behalf of and under the instructions of his or her client; he or she need not vouchsafe for the truth. The principle underlying such concept of privilege of language, qualified or absolute, is expediency. If......the Court of the learned Chief Metropolitan Magistrate, Dhaka so far as it relates to the accused petitioner should not be quashed. At the time of issuance of the rule, all further proceeding of the aforesaid case was stayed pending hearing of the rule. 2. Facts leading to this rule may briefly b......r be presumed. Now, while acting under the instructions of his or her client, let us see whether a lawyer, presently the accused petitioner, can be charged with an offence of defamation. For a proper determination of this point, it has to be approached from 2 different angles, viz (1) a case wherein..Category: Family Law | Date: | Hits: 192
Abul Kasem Talukder Vs. Shamsul Hoque Shawdagar, 1991, 20 CLC (HCD)
....he election of the petitioner as being void is set aside and the election petition dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 121. ......t of the total 1631 voters, 1600 voters exercised their right of franchise. Obviously, therefore, there was sufficient Publication of the notice. So, judging the facts of the case in the light of the principle laid down in the above‑mentioned case I am of opinion that the learned District Judge co......r of votes i.e. 5896 votes. After the publication of the result in the Bangladesh Gazette on 20.5.88 Opposite Party No.1 presented an election petition marked as Election Tribunal Case No.3 of 1988 before the Election Tribunal (Assistant Judge) Daudkandi Upazila praying for declarations, inter alia,......he election of the petitioner as being void is set aside and the election petition dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 121. ..Category: Election Law | Date: | Hits: 129
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. ......erving the interests of justice so far as they related to the charge against such accused person...................In my humble opinion, while the weight of precedents is not to be discounted, on the principle enunciated above, namely, that the power to make an order directing that a person be admit......ucted by Sufia Khatun, Advocate-on-Record—For the Petitioner. Bivash Chandra Biswas, Advocate-on-Record—For the Respondent No.1. Not Represented—Respondent Nos. 2-70. Criminal Petition for Leave to Appeal No. 350 of 2010. (From the Judgment and order dated 8-6-2010 passed by the Hi......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. ..Category: Criminal Law | Date: | Hits: 89
Budhiswar Biswas Vs. Akbar Ali Sheikh and others, 1990, 19 CLC (HCD)
....nd hence those are set aside resulting in the dismissal of the suit. This rule is, accordingly made absolute without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 183.......which is not subjected to any agreement for reconveyance of the land. For the reasons stated above I am of the view that decision of the courts below decreeing the suit is erroneous being against the principle of law laid down under sections 91 and 92 of the Evidence Act and judicial pronouncements ......it No. 339 of 1970 decreeing the suit on contest. 2. The short facts which has given rise to the rule are as follows: The opposite parties as plaintiffs, brought the Title Suit, No. 339 of 1970 for Specific Performance of Contract for the reconveyance of the suit land in the 1st Court of Munsi......nd hence those are set aside resulting in the dismissal of the suit. This rule is, accordingly made absolute without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 183...Category: Property Law | Date: | Hits: 74
Chairman, Rural Electrification Board Vs. Md. Awlad Hossain and Others, 2010, 39 CLC (AD)
....e petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 73, 31 BLD (AD) (2011) 73, 16 BLC (AD) (2000) 111 & 8 LG (AD) (2011) 85. ......o inflicting lower major penalty he should not be awarded comparatively higher major penalty without giving him any opportunity to show cause for infliction of such higher major penalty following the principle of natural justice. 11. When a person is removed from the service under Rule “৪০(......olved: Mrs. Sufia Khatun, Advocate-On-Record- For the Petitioner. Syed Mahbubar Rahman, Advocate-On-Record-For the Respondent No.1. Not Represented-the Respondent Nos.2-5. Civil Petition for Leave to Appeal No.1841 of 2009. Judgment Md. Muzammel Hossain J. - This petition for leav......e petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 73, 31 BLD (AD) (2011) 73, 16 BLC (AD) (2000) 111 & 8 LG (AD) (2011) 85. ..Category: Employment/Service Law | Date: | Hits: 175
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.......R 213. In a later decision in Virjiram Sutaria Vs. Nathalal Premji Bhavadia and others, 1969 (1) SCC 77, the said Court after making a review of all the previous decisions on the point summarised the principle, in the following words: "The above cases are sufficient to show that non‑compliance ...... 2. It arises out in the following circumstances; during the last election of the Union Parishads the petitioner Md. Abdul Kader along with opposite party No. 1 Md. Abdul Rafi and 6 others contested for the office of Chairman of Nakai Union Parishad under Gobindaganj Upazila. There were 6 Polling C......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...Category: Election Law | Date: | Hits: 130
Kadu and others Vs. State, 1990, 19 CLC (HCD)
....de. They be set at liberty forthwith if they are not wanted in any other connection. Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 163. ......de. They be set at liberty forthwith if they are not wanted in any other connection. Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 163. ......is directed against the judgment and order dated 10.8.77 passed by the Additional Sessions Judge, 1st Court, Mymensingh, in Sessions Case No. 22 of 1976 convicting the 4 (four) accused‑ appellants, for the offence punishable under sections 302/34 of the Penal Code and sentencing each of them there......en established by the evidence of PW 3, that Asak Ali was murdered on 26th Chairtra, 1381 BS as alleged by the prosecution and this is not disputed by the defence. The material point which called for determination is whether the appellants or any of them committed the said murder in furtherance of t..Category: Criminal Law | Date: | Hits: 74
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. ...... contentions of Mr. MH Khondker, the 1carnod Advocate for the respondents 1 and 2. 9. Let us, first of all, take up the maintainability of this writ petition. There cannot be any dispute as to the principle of law formulated by Mr. MH Khondker that when disputed questions of title involve dispute......in properties from the list of abandoned properties which has been earlier declared as abandoned property under the President's Order No. 16 of 1972, has been called in question with a further prayer for directing the respondents to release the said property and deliver possession thereof to the pet......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. ..Category: Property Law | Date: | Hits: 78
Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)
....ances of each case. If the suit is instituted by the plaintiff in a Court from which transfer is sought for to prevent abuse of the process of the Court the preponderance of convenience should be the guiding factor in transferring a suit. We find that Money Suit No.2 of 2005 was instituted in the Co......ist of "good grounds" or "sufficient grounds" for transferring a case, suit or appeal from one Court to another. But the Court is required to exercise its discretion judiciously upon some established principles for "good grounds" or "sufficient grounds" some of which are, namely, balance of convenie......tha, AIR 1953 Ori 46. Lawyers Involved: Mansur Habib, Advocate, instructed by Md. Mazibar Rahman, Advocate-On-Record- For the Petitioner. Not Represented- the Respondents. Civil Petition for Leave to Appeal No. 80 of 2010. Judgment Md. Muzammel Hossain J. - This civil petition for......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. ..Category: Civil Law | Date: | Hits: 113
....he case does not involve at this stage any substantial question of law as to the interpretation of the Constitution. The prayer is rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 131. ......rge against the petitioner on 3.8.89. For this reason he submits that by contravention of the provision of Rule 7(2) by simultaneously appointing an Inquiry Officer, there has been a contravention of principle of natural justice inasmuch as the Petitioner has been deprived of his initial right of su......h Secretariat, Dhaka to show cause why the impugned charge (Annexure‑D) dated 3.8.89 and the impugned notice (Annexure‑G) dated 2.9.89 issued by respondent No. 3 asking the petitioner to appear before him and to remain present during the examination of witnesses on 16.9.89 in respect of the char......he case does not involve at this stage any substantial question of law as to the interpretation of the Constitution. The prayer is rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 131. ..
Category: Employment/Service Law | Date: | Hits: 79
Repco Laboratories Ltd. Vs. Nuruddin Ahmed and others, 1989, 18 CLC (HCD)
....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. ...... of the plaintiffs, previously filed Title Suit No. 376 of 1963 challenging the decree passed in Title Suit No. 449 of 1961 and lost tip to the Supreme Court and therefore the present suit was barred principle of res judicata.. His further case was trial defendant No. 1 had valid title and possessio......e 4 and section 151 of the Code of Civil Procedure. 2. The petitioners as plaintiffs instituted the suit in the said Court of Subordinate Judge against the opposite party Nos. 2‑17 as defendants for a declaration that the decree obtained by the original defendant No. 1 Imanuddin Rari (since dec......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)
.... 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. ......he learned Appellate Court, in my opinion, has taken the correct view that no final agreement for sale was made in between the parties which can be legally enforced under the Specific Relief Act. The principle of law enunciated by their Lordships in the decision cited by Mr. Syed Mahmud Hossain supp......ndant‑opposite party Bank and thereby reversing the judgment and decree dated 27.8.76 passed by Mr. MM Ruhul Amin, Munsif, 3rd Court Comilla decreeing the Title Suit No. 359 of 1974 in part, a suit for Specific Performance of Contract, to the extent 0 0.05‑1/4 acre out of 0.06‑1/2 acre of the ...... 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)
....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....... justice has not been meted out by the Court who tries the suit, the, decree cannot be set aside simply on the ground that the case was tried by a Court other than the Small Cause Court." Thus the principle laid down in the above quoted decisions is that the suit falling within the exclusive juri......itle Suit No. 242 of 1977. The short facts of the case, in brief, are: 2. The opposite party No. 1 as plaintiff filed title suit No. 242 of 1977 in the First Court of Munsif, Kushfia with a prayer for ejectment of the defendant petitioners alleging, inter alia, that the plaintiff's father purchas......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)
....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. ......he part of the litigant to assert his right as taken causing prejudice to the adverse party. In Lindsay Petroleum Vs. Prosper Armstrong Hurd, (1814) 5 PC 221 Sir Barnes Peacock has clearly stated the principle thus: "Where it would be practically unjust to give a remedy, either because the party ......High Court Division in Writ Petition No. 5085 of 2008 arising out of Artha Jari Case No. 153 of 2007 pending in the Court of Artha Rin Adalat Court No.1, Chittagong (the Adalat). 2. Facts relevant for the disposal of this appeal are that the respondent No.2 instituted Artha Rin suit No.66 of 2006......2 of the Constitution the High Court Division was not authorized in law to pass any ad interim relief which it could only be passed in aid of or ancillary to the relief that may be granted upon final determination of the rights of parties in order to maintain status quo ante in the pending suit proc..Category: Civil Law | Date: | Hits: 113
Hasina Mawla Vs. Bangladesh Parjatan Corporation and another, 1992, 21 CLC (HCD)
.... The impugned order (Annexure‑A) is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 112.......ement and pay her gratuity. The petitioner accepting the lawful retirement and gratuity benefit without objection has filed the petition as a measure of afterthought and the petition is barred by the principle of estoppel, waiver and acquiescence. 4. In her affidavit‑in‑reply the petitioner d...... to why the impugned order dated 6.9.88 (Annexure A) issued under the signature of the respondent No.2, the General Manager (Administration) Bangladesh Parjatan Corporation, retiring the petitioner before attaining the age of superannuation should not be declared to have been passed without any lawf...... The impugned order (Annexure‑A) is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 112...Category: Employment/Service Law | Date: | Hits: 88
Chowdhury Miah Vs. Dhanindra Kumar Shil and others, 1992, 21 CLC (HCD)
....the trial Judge is directed to hear and dispose of the suit within 28th February, 1993. Let a copy of the order be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 110. ......drawn my attention to certain English and Indian decisions. Although they are not binding on me, yet being the enlightended views of the eminent jurists who are accustomed to expound and illumine the principles of jurisprudence similar to our own, they offer a valuable guide on subject. 4. In the......or the Petitioner. Mihir Kanti Majumder, Advocate ‑ For the Opposite Parties. Civil Revision No. 2550 of 1991. Judgment Bimalendu Bikash Roy Chowdhury J.- This rule arises out of a suit for declaration of title and recovery of khas possession in certain land. It is being contested by s......the trial Judge is directed to hear and dispose of the suit within 28th February, 1993. Let a copy of the order be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 110. ..Category: Procedural Law | Date: | Hits: 91
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