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Khalilur Rahman Vs. State, 2007, 36 CLC (HCD)
....lilur Rahman. We find no merit in these appeals. These appeals are dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 227 . ......o the officer-in-charge, Fulpur Police Station stating that accused Khalilur Rahman, Nurul Amin, Mohammad Ali and Md Ali were involved in the incident, that the investigating officer did not take any action despite filing application by the informant. He proved the application as Exhibit 2. He furth..Category: Criminal Law | Date: | Hits: 38
Shaherunnessa Vs. Shamsunnahar, 2007, 36 CLC (HCD)
.... the decree of the trial Court decreeing the suits are hereby set aside and both the suits are dismissed. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 217. ......te of Taka 3,500.00 per month with effect from June, 1998. 9. Both defendants contested the suits by filing separate written statements. Their common defence was that the plaintiff had no cause of action and the suit as framed was not maintainable. 10.Defendant Shaherunnessa contended that Md...Category: Property Law | Date: | Hits: 35
Dhaka City Corporation and others Vs. Shamsur Rahman and others, 2007, 36 CLC (HCD)
....ring with peaceful possession of the plaintiff in the suit land, in any way, as prayed for. Send down the records, at once. Ed. This Case is also Reported in: 59 DLR (2007) 207. ......ff is not entitled to any relief as the DCC was the owner of the suit land. 14. On the party pleadings, the trial Court settled five issues including, (1) Whether there was any cause of action for the suit?; (2)Whether the suit is barred by limitation? and (3) Whether the..Category: Property Law | Date: | Hits: 32
Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)
....on of the judgment is stayed for 4 (four) weeks from date. There will however be no order as to costs. Amirul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 72.......mercial Bank for any alleged dispute between the buyer and the seller and this is the basic principle which the civil court has consistently followed in respect of International Commercial Transactions and further that under the International Banking Rules, opening bank of a letter of credit..Category: Business or Commercial Law | Date: | Hits: 209
State Vs. Mizanul Islam alias Dablu & another, 1987, 16 CLC (HCD)
....s hereby set aside and he is set at liberty forth with if not wanted in connection with any other case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58.......solutely free and voluntary statement according to the best dictates of his own inner conscience. The learned Magistrate was completely satisfied that the statement was true and voluntary. This satisfaction followed out of the answer given by the appellant Dablu to the question asked by the Magistra..Category: Criminal Law | Date: | Hits: 61
....eceipt of the copy of this judgment.
In the result, the Rule is disposed of with the aforesaid observation without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 35.
......n the actual, then the minimum, charge may be recalculated at the sole discretion of the gas company. But in the case of this Oil Mills the aforesaid formula has not been acted upon and, as such, the action of the gas company is illegal, malafide and arbitrary.
7. Before adverting to the argument..
Category: Civil Law | Date: | Hits: 115
....estion forming the subject-matter of the reference if the same had been the subject-matter of a suit, but does not, except for the purpose of arbitration proceedings under section 21, include a Small Cause Court.
45. The Arbitration Act, 1940 extends to the whole of Bangladesh. But the above defi......, a limited company, instituted the suit for following declarations as well as perpetual injunctions:
a. Permanent injunction against the defendants restraining them from taking any legal or other action and/or proceeding on the basis of alleged contracts said to have been entered into between th..
Category: Civil Law | Date: | Hits: 101
Mirza Anwarul Islam alias Tanu Vs. State, 1999, 28 CLC (HCD)
....anted earlier by this Court is hereby vacated and the records which was called for be sent down at once to the concerned Court below. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 108. ......e want to quote section 386(1) of the Code of Criminal Procedure, which reads as follows: ‘386. (1) Whenever an offender has been sentenced to pay a fine, the court passing the sentence may take action for the recovery of the fine in either or both of the following ways, that is to say, it may..Category: Criminal Law | Date: | Hits: 37
Habib (Md) and another Vs. State represented by the Deputy Commissioner, 1999, 28 CLC (HCD)
.... proceedings of GR Case No. 929 of 1998 so far it relates to the present petitioners Md. Habib and Ahmed Abdullah Lokman are quashed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 105. ......entation” or an inducement. If there is any false representation or inducement on the part of the party and if the property is delivered on such false representation or inducement, in that case the action is cheating within the meaning of section 415 of the Penal Code. In this case, there is no al..Category: Criminal Law | Date: | Hits: 39
Saroj Kanta Sarker Vs. Seraj‑ud‑Dowla & ors., 2003, 32 CLC (HCD)
....he appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 39. ......e, in brief, is that, the suit was barred by limitation. The contract became unenforceable in law after 31‑3‑1986. The suit was also bad for mis-joinder and non‑joinder of parties and causes of action. The suit was barred by principles of estoppel, acquiescence and waiver. 13. He denied spe..Category: Civil Law | Date: | Hits: 78
Abdul Kader Mirza and another Vs. Bangladesh, 2003, 32 CLC (HCD)
....he Writ Petition No. 5951 of 2003 is disposed of with the direction as given above and Writ Petition No. 6047 of 20031 is rejected summarily. Ed. This Case is also Reported in:56 DLR (2004) 31. ......t but we are ofthe view that we cannot shut our eyes to inevitable human catastrophe. Moreover, we hold that this Court, in its power ofjudicial review, may also test the reasonableness or not of any action of the Government. We have found that under section 6 of the Ain, Government may transfer cas..Category: Criminal Law | Date: | Hits: 50
Abul Hossain and others Vs. State and another, 2003, 32 CLC (HCD)
....esolved and decided in the case only on a proper discussion and assessment of evidence on record. This application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 12. ......t a regular case on finding prima facie materials. On 14‑11‑1996 the Officer-in-Charge of Nilphamari Police Station endorsed the same to one Daruzzaman, Sub-Inspector of Police, to take necessary action and subsequently, on 6‑12‑1996 the formal first information report was lodged and the cas..Category: Criminal Law | Date: | Hits: 34
Shahinur Alam @ Shahin Vs. State, 2003, 32 CLC (HCD)
.... merit. Communicate the order at once to the Nari‑o-Shishu Nirjatan Daman Tribunal, Rangpur for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 10. ...... arguments of the parties and pronounce judgment in the case on its merit. Communicate the order at once to the Nari‑o-Shishu Nirjatan Daman Tribunal, Rangpur for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 10. ..Category: Criminal Law | Date: | Hits: 37
....6‑11‑2002 vide Annexure E to the writ petition is hereby declared to have been issued without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 56 DLR (2004) 1.
......ry in question there are so many saw mills, namely, National Timber and Saw Mills at 45/A Senpara Parbata, Newsign Asia Timber and Saw Mills, 128, Senpara Parbata but the respondents did not take any action against those industries. The petitioner invested Taka 10,00,000 for installing the Mill in q..
Category: Environmental Law | Date: | Hits: 226
Osiar Rahman Vs. Dharus Sunnah Islamia Madrasha, 1996, 25 CLC (HCD)
....4 of 1988 is set aside. The Other Suit No.14 of 1988 is restored to its original file and number. Send down the LC Records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 93. ......served, for setting aside the ex parte decree is maintainable. It is also settled law that mere falsity of claim and or perjured evidence if non- service of summons be not proved will not support the action. The plaintiff, therefore, in a suit for setting aside an ex parte decree on the ground of fr..Category: Civil Law | Date: | Hits: 66
Narayanganj High School and others Vs. Pran Ballave Saha Banik and others, 1998, 27 CLC (HCD)
....ffirmed by the District Judge, Narayanganj in Title Appeal No.60 of 1990, are maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 90.......tiff to the effect that he had given higher marks to some of his favourite students and thereafter served a show cause notice upon the plaintiff asking him to show cause within 3 days as to why penal action for misconduct should not be taken against him. The plaintiff duly replied to the said show c..Category: Employment/Service Law | Date: | Hits: 72
....sion we are of the opinion that the Rule is liable to be discharged. In the result the Rule is discharged. There will he no order as to cost.
Ed.
This Case is also Reported in: 54 DLR (2002) 1.
......accordance with law and only in accordance with law is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh, and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken e..
Category: Fiscal/Taxation Law | Date: | Hits: 108
....val of the petitioner is illegal and without any lawful authority.
The Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 81.......rdance with law, and only in accordance with law, is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh, and, in particular, no action detrimental to the life, liberty, body, reputation or property of any person shall be taken e..
Category: Employment/Service Law | Date: | Hits: 108
M Saleem Ullah, Advocate and others Vs. Bangladesh, 2002, 31 CLC (HCD)
....aka into residential plots and police station is hereby declared to have been made without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 1. ......orney-General frankly submits that the principle of law enunciated in 53 DLR (AD) 79 is fully applicable in the present case. 12. For the reasons and discussion above, we are of the view that the action of the respondents in converting the open space meant for park in between Road Nos. 3 & 4..Category: Environmental Law | Date: | Hits: 259
Sk Abul Kashem Vs. Abdus Samad Biswas, 1999, 28 CLC (HCD)
.... to costs. The order of stay granted earlier by this court is hereby vacated. Communicate this order to the court below at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 70. ......er setting aside the judgment and decree of Title Suit No.10 of 1995, contending that the learned Subordinate Judge while passing the judgment in the suit came to a finding that there was no cause of action for the suit and, as such, the suit is not maintainable, which was rejected by him on 12-10-9..Category: Property Law | Date: | Hits: 30
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