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....have been accompanied with the additional paper book filed on 6th February, 2012 in C.P. No.1781, 1784 and 1785 of 2011 and tries to convince us that there is no vacant post in the LGED. This being a disputed question we are not inclined to enter into this disputed fact at this stage.
23. In Uma......
The leave petitions are disposed of with the above observations and modifications of the earlier as well as the impugned judgments.
Ed.
This Case is also Reported in: 17 BLC (AD) (2012) 91.
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Category: Employment/Service Law | Date: | Hits: 147
Chutta Miah Vs. State, 2004, 33 CLC (HCD)
.... made above and in accordance with law after giving the petitioner an opportunity to recall the prosecution witnesses for cross-examination. Ed. This Case is also Reported in: 56 DLR (2004) 610. ......elow, while disposing of the said application for recalling the PWs filed by the accused-petitioner without taking into consideration all the above aspects of the matter, came to an arbitrary finding holding that a State defence lawyer was appointed to defend the accused Chutta Mia, who cross-examin..Category: Criminal Law | Date: | Hits: 68
Azad Hossain (Md) Vs. State, 2003, 32 CLC (HCD)
....with the Special Tribunal Case No. 41 of 1996 immediately, if not wanted in connection with any other case. Communicate the order at once. Ed. This Case is also Reported in: 56 DLR (2004) 602.......onvict of the said case and prayed for his release. But the learned Judge of the Tribunal without scrutinising the matter as to whether the petitioner is the real convict of the said case and without holding any inquiry to ascertain the identity of the petitioner rejected the application by simply o..Category: Criminal Law | Date: | Hits: 73
Kazi Liakat Ali and others Vs. Chairman, Civil Aviation Authority and another, 2003, 32 CLC (HCD)
....he Writ Petition. But here also date and time are not mentioned. So, their claims are unspecified and vague. In the face of denial of the assurance or promise by the Authority, the issue has become a disputed question of fact which cannot be examined and determined in a writ case. 18. The above v......harged. The order of stay granted by this Court at the time of issuance of the Rule is hereby vacated. We however, make no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 595...Category: Employment/Service Law | Date: | Hits: 125
Abdul Mazid Khan and others Vs. Ali Howlader and others, 2003, 32 CLC (HCD)
....y non‑speaking one and such an order is never countenanced by law. 4. Appointment of the receiver is not a matter of causal exercise of power by the Court. The Court can appoint a receiver for a disputed property only when the conditions laid down in Order XL of the Code of Civil Procedure are ......e learned Subordinate Judge, Bhola in Title Suit No. 104 of 1982 is set aside. Communicate the order at once to the learned Court below. Ed. This Case is also Reported in: 56 DLR (2004) 587. ..Category: Civil Law | Date: | Hits: 89
Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)
....he case of Nagina Silk Mill Vs. Income Tax Officer and others, 15 DLR (SC)181 and Begum Lutfunnessa Vs. Bangladesh, 1990 BLD (AD) 103 = 42 DLR (AD) 86 were cited. 15. The facts do not appear to be disputed. On 25‑4‑2000 the petitioner as plaintiff presented a plaint along with the copies of d......ntiff had any valid and matured debt against the defendants within the meaning of section 9(1) of the Act could only be decided at the trial of the suit. 35. But the Court fell in serious error in holding that no individual natural person as creditor is entitled to present a plaint, that no debt ..Category: Others | Date: | Hits: 185
Rashedul Alam Chowdhury Vs. ASM Shahajahan and another, 2011, 40 CLC (AD)
....ced as documentary evidence for consideration by the trial Court. It further observed that whether the notice was a demand notice or not as contemplated under section 138 (1) (b) of the Act is also a disputed question of fact which could not be decided by the High Court Division while exercising jur...... and orders of the High Court Division do not call for any interference by this Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 39...Category: Criminal Law | Date: | Hits: 75
Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)
....it is liable to be dismissed. The suit is also barred by section 42 of the Specific Relief Act and also barred by Order VII rule 11 (d) of the Code of Civil Procedure. Defendant No.1 did not make the disputed gifts in accordance with the deed of lease and, as such, both the oral gifts do not have an...... Court can not adjudicate upon a dispute before adjudicating the same under the Arbitration Act. 18. The High Court Division set aside the judgment and decree of the learned Joint District Judge holding that on the plea of implied bar the plaint could not be rejected and that the suit should or..Category: Property Law | Date: | Hits: 81
Mantu Faraji alias Jamal Faraji and others Vs. Mahiuddin Khan, 1996, 25 CLC (HCD)
....er dated 31-1-1987 passed in Miscellaneous Case No.597 of 1974 by the Assistant Judge, Additional Court, Kushtia to the effect that appellant No.1 will not get the cost of removing his house from the disputed land. 2. The opposite party No.1 filed an application under section 96 of the State Acqu......The opposite party No.1 filed an application under section 96 of the State Acquisition and Tenancy Act against the present petitioners and others to pre-emption the case land as co-sharer of the case holding. The case was resisted by the pre-emptee petitioners denying the material allegations made i..Category: Property Law | Date: | Hits: 70
Sabdul Ali (Md.) Vs. Md. Mabed Ali Sarker, 1997, 26 CLC (HCD)
....te, 1st Class, Zone-3, Mymensingh, who by the order dated 8-7-95 converted the proceeding into a proceeding under section 145 of the Code of Criminal Procedure, appointed a receiver in respect of the disputed land and prevented the parties to enter into the disputed land. 3. Mr. Omar Ali Khan, le...... Proceedings of the Non-GR Case No.157 of 1995 pending in the Court of the Magistrate, 1st Class, Zone Mymensingh, is hereby quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 146. ..Category: Property Law | Date: | Hits: 75
NFM Universeum Estate Ltd. Vs. ANM Obaidul Islam and others, 2004, 33 CLC (HCD)
....rocedure for using said deed in the suit knowing it to be forged and fraudulent for criminal prosecution. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 563. ......dispossessed the plaintiff in 1992. 26. Syed Md. Delawar Hossain was examined as Advocate Commissioner. He deposed that he was the member of Dhaka Bar and appointed an Advocate Commissioner. After holding investigation he submitted his report dated 12‑5‑98. 27. Abdul Awal Minto on behalf o..Category: Property Law | Date: | Hits: 85
Sonali Bank Vs. Mahbubul Amin & others, 1989, 18 CLC (HCD)
....Execution Case No.791 of 1986 is vacated. The Execution Case will proceed in accordance with law. The records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 298. ......n that reported decision their Lordships of the Appellate Division on a different consideration reduced the quantum of interest. In the present case interest having been awarded there is no scope for holding that the interest has been refused from the filing of the suit. 13. From Order No.1 it ap..Category: Procedural Law | Date: | Hits: 74
Abdus Samad & others Vs. State, 1989, 18 CLC (HCD)
....t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ...... petition was duly preferred before the Federal Court and his Counsel appeared on petitioner's behalf. Their Lordships of the Federal Court however, dismissed the petition for special leave to appeal holding that the Court would not act in aid of a person who was a fugitive from justice. It was held..Category: Criminal Law | Date: | Hits: 95
M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)
....res which has been marked Ext.1/5. I also put his signature Ext.2/3 in the statement written by the appellant in the absence of P.W.6. This is all that P.W.6 has stated in his examination-in-chief. Undisputedly this witness was not declared hostile by the prosecution and was produced and examined by......l Court No. XVI for disposal. Mr. Kazi Gholam Rasul, Special Tribunal Court No.XVI received the Case on 6.11.86. 4. Mr. Sheikh Rezwan Ali, Special Tribunal No.XVI, Dhaka (constituted specially for holding trial of smuggling cases) on 5.3.87 framed charge under section 156 (8) read with section 25..Category: Criminal Law | Date: | Hits: 87
Md. Osman Vs. Fatema Khatoon & others, 1989, 18 CLC (HCD)
....l is allowed with costs and the judgment and decree of the lower appellate Court is set aside and those of the Trial Court is upheld. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 270.......etermining the tenancy. The plea of bona fide requirement of the premises was false as the plaintiff had many other residential houses in the town. 4. The learned Munsif decreed the suit in part holding that the defendants were defaulters and the plaintiff was entitled to get Tk.192/- as arrear..Category: Property Law | Date: | Hits: 66
Basiran Bewa Vs. State, 2004, 33 CLC (HCD)
....udge, pointing out the evidence against the petitioner, asked the Magistrate to reconsider his earlier order. Such order is in conformity with law and therefore, is not liable to be quashed. 5. Undisputedly Hena Akter died due to poisoning while she was living in the house of her husband, accuse......to take cognizance of an offence against any accused; that their power is strictly limited to directing further enquiry and that it is the Magistrate concerned to take or not to take cognizance after holding further enquiry. 10. Thus it is well settled that the Sessions Judge cannot direct the Ma..Category: Criminal Law | Date: | Hits: 81
Rahima Khatun Vs. Md. Nurul Hoque & others, 1996, 25 CLC (HCD)
....the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 140.......usal of the impugned order it appears that the contention raised by the plaintiff petitioner before this Court were also agitated before the trial Court and the trial Court repelled their contentions holding that the opposite party Nos. 1-9 as legal representatives of deceased defendant No.18 are ve..Category: Procedural Law | Date: | Hits: 67
.... The judgment and the decree passed by the trial Court are upheld.
There shall be no order as to costs.
Let the LCR be sent down.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 134.......h khatians as khatian numbers 977 or 978 and also found that at the relevant time Pulin Behari had no land at Baukhola Mouza.
20. Now it is to be considered how far the appellate Court is right in holding that since the plaintiff has failed to file a separate suit for the rectification of the dee..
Category: Property Law | Date: | Hits: 56
Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)
.... learned brother has already discussed and observed very clearly the legal aspect on this point in view of case laws cited before us. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 125. ......aterial to hold that the appellant has motive to delay the execution of the decree. He further argued with reference to Order 38 rule 8 CPC that where a claim to the property attached is made without holding investigation the order of attachment cannot be set aside as the same requires investigation..Category: Procedural Law | Date: | Hits: 118
Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)
....adopted without quorum of 2/3rd majority, that the signatures of the members of the Bar as shown in the Resolution Book are false and forged, etc. The Appellate Court below gave its above findings on disputed and controversial issues involved in the suit pending hearing, on the affidavits filed by s......nal District Judge, 2nd Court, Dinajpur in Miscellaneous Appeal No. 66 of 2003 allowing the application under Order XXXIX, rules 1 and 2 of the Code of Civil Procedure restraining the defendants from holding election of Dinajpur Bar Association on the basis of the amended Constitution of the said As..Category: Civil Law | Date: | Hits: 74
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