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Muhibur Rahman Manik and another Vs. State, 2006, 35 CLC (HCD)
....eof. They are set at liberty at once if not required in connection with any other case. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 279. ......nt that in point of time information carried to the police by "somebody" is First Information Report within the meaning of section 154 of The Code and all subsequent informations fall within the purview of section 161 of the Cr.P.C. 28. In Zilu mia and others Vs. The State (1988) 8 BLD BCD 418..Category: Criminal Law | Date: | Hits: 83
Hashem Ali & Others Vs. Suruj Ali & Others, 2010, 39 CLC (HCD)
....t Judge, 1st Court, Tangail, is hereby set aside and that of the trial Court is restored. Let the LC records be sent down at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 295. ......ing aside of the trial Court Judgment and decreeing the suit in full by the Appellate Court is liable to be interfered with by this Court and accordingly the same is liable to be set aside. 27. In view of the discussion and reasoning as above, this Court finds merit in this rule which is required..Category: Property Law | Date: | Hits: 83
Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)
....e Appeal Board by order dated 29-8-1995 allowed the Appeal No.3-85/94 and affirmed the review order dated 5-10-1989 passed by Assistant Commissioner (Land) in Miscellaneous Case No.19 of 1987 on an erroneous view of facts and law involved in the case, as such the Full Board on review, rectified th......n under Article 102 of the Constitution, this Rule Nisi was issued calling upon the respondents to show cause as to why the order dated 9-12-2003 passed by the Full board in case No.3 -108 of 1995 (Review) Dhaka (Annexure D), order dated 29-8-1995 passed by the Chairman, Land Appeal Board in case No..Category: Property Law | Date: | Hits: 115
Dutex Enterprise Co. Ltd. Vs. RMS Textile and Apparels Ltd. and others, 2010, 39 CLC (HCD)
....ssible, preferably within six months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 393. ......realization of L.C. value, the buyer defendant No.1 refused to accept the consignment on the plea of delayed shipment and shipping document including invoice have been dishonored for payment. In such view of the facts the plaintiff sought to stop payment of the concerned import bills, until his clea..Category: Business or Commercial Law | Date: | Hits: 365
....tay granted earlier by this Court stands vacated.
Let a copy of this judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 363.
......the learned Advocate for the opposite parties.
22. On a careful consideration of the entire evidence on record vis-a-vis the death certificate (Ext.4), I find no possible reason to differ with the view taken by trial Court that:
“বাদী প্রমান করিতে সক্ষ..
Category: Property Law | Date: | Hits: 66
....ischarged without any order as to cost.
The order of stay stands vacated.
Communicate the judgment to respondent No.2 at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 359.
......he Bank filed the 2nd execution case within one year from the date of disposal of the 1st execution case and therefore, 2nd execution case is not barred by limitation. He lastly contends that in such view of the matter, the proceeding of the execution case as well as the impugned order passed by the..
Category: Civil Law | Date: | Hits: 85
Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)
....itled to get any relief as prayed for. Hence the rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 353. ......d accused No, 2 did not pay the loan money. It is further stated that the accused petitioner and accused No.2 fraudulently hanged the sign board "Munu Shoe Museum" instead of "New shoe Museum" with a view to misappropriate the loan money; that for realization of money, the complainant bank filed a s..Category: Procedural Law | Date: | Hits: 79
Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
....is directed to dispose of the suit within 3(three) months from the date of receipt of this order in the interest of all the parties. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 133. ......n amount that was taken by the respondents from the appellant bank. In that case the respondents in their written statement though admitted the loan liability but came up with a specific plea that in view of the facts and circumstances of the case and in view of the undertaking given by the Siemens ..Category: Civil Law | Date: | Hits: 87
Aleka Khatun and others Vs. Government of Bangladesh, 2004, 33 CLC (HCD)
....ch, we hold that this writ petition is also bad for this reason. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 693. ......e summary proceeding under Article 102, it is not desirable, more often than not, not possible to record a finding as to a disputed question of fact. There is a long line of decisions in favor of the view that the High Court should not enter into disputed question of fact nor decide any question as ..Category: Property Law | Date: | Hits: 69
Alam Taj Begum @ Monowar Begum & others Vs. Nimai Chandra Roy, 2009, 38 CLC (HCD)
....ntained. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the LC Records immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 764. ......the case of Sultan Ahmed Vs. Fazlul Kabir reported in 5 DLR 383. Wherein it has been held that limitation for filing a suit is 3 years from the date when the disability ceases. In the present case in view of article 44 of the Limitation Act, in my opinion, the limitation will be 3 years from the dat..Category: Procedural Law | Date: | Hits: 69
Abdul Quddus Vs. Mobarak Hossain, 1996, 25 CLC (HCD)
.... therefore, discharged. The order of stay granted earlier by this Court on 7‑4‑96 is also hereby vacated. No order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 572. ......osite party submits that even conceding the spirit of the aforesaid decisions he wants to make a distinction in the instant case with those cases as cited by the learned Counsel for the petitioner in view of the fact that in the operative portion of the impugned order passed it has been written by t..Category: Procedural Law | Date: | Hits: 82
Akbar Hossain (Md.) Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....d superfluous order to this effect. With the above observation, the Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 291. ......eto to make any such notification. Sub-sections (5) and (6) of section 10 make it abundantly clear that the decision made by the Court of Settlement is final and is binding on both the parties and in view of the said provision the decision of the Court of Settlement made in Case No.63 of 1989 on 17-..Category: Property Law | Date: | Hits: 77
Arzan @ Iman Ali Vs. State, 1996, 25 CLC (HCD)
....ion with any other case. Accused Fazlul Huq, against whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 287. ......the commission of murder of deceased Tajul. There is absolutely no evidence as to who shot deceased Tajul. It is not possible to fasten the liability for the murder on any of the accused and, in this view of the matter, the conviction under section 302 of the Penal Code is out of question. 11. Th..Category: Criminal Law | Date: | Hits: 75
Wahida Khan Vs. Shahar Banoo Ziwar Sultan and State, 1994, 23 CLC (HCD)
....order to the civil Court immediately for expeditious disposal of Title Suit No.48 of 1973/6 of 1986. Send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 286. ...... to the root of the case and makes the prosecution bad for want of complaint by Court concerned. The want of plaint under section 195 is incurable and the lack of it vitiates the whole trial. Similar view has been held in Hrishikesh Dutt Vs. State 20 DLR 66, Gridari Lal Vs. King Emperor 1925 AIR (Ou..Category: Procedural Law | Date: | Hits: 71
State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
.... constructive knowledge about BGMEA’s bareness of title and the illegality as to the construction of the building. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ......h issued a Suo Motu Rule, requiring the respondents to show cause in terms as stated above. 3. The Newspaper feature, referred to above, which was attributable for the issuance of the Rule under review, is reproduced below, verbatim in the interest of clarity; “The government has no plans to..Category: Constitutional Law | Date: | Hits: 642
Rais Ali alias Md. Rais Ali and others Vs. Mst. Hajera Khatun and others, 2009, 38 CLC (HCD)
....the time of issuance of the rule is hereby vacated. Send down the lower Court records alongwith a copy of the judgment immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 62. ......and others reported in 14 BLD (AD) page 29 which is also available in 44 DLR (AD) page 62 wherein their Lordships of the Appellate Division of the Supreme Court of Bangladesh has also considered this view. 12. Mr. Ali Reza, the learned Advocate appearing for the pre-emptor Opposite Parties has re..Category: Civil Law | Date: | Hits: 192
Bangladesh House Building Finance Corporation Vs. Mosammat Amena Begum, 2010, 39 CLC (HCD)
....ous Execution Case No.14 of 2004 is hereby affirmed. Let a copy of this judgment and order be communicated to the Court concerned. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 194. ......spaper. The learned District Judge did not commit any error of law in passing the impugned order holding that the judgment debtor cannot be liable to pay the costs as claimed by the petitioner. In view of the above discussion I hold that there is no merit in the Rule and I am not inclined to inte..Category: Civil Law | Date: | Hits: 276
Fazlul Haque (Md.) Vs. Abdul Malek and another, 2008, 37 CLC (HCD)
....cost. Order of stay granted at the time of issue of the Rule on 30-4-07 is accordingly, recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 72. ......e order dated 8-2-07 after setting aside the order dated 11-3-07. 5. The application was heard in the presence of both the parties. By the impugned order, the Court rejected the application on the view that the order dated 8-2-07 did no more exist and, as such, there was no scope for extension of..Category: Civil Law | Date: | Hits: 281
Veena Khaleque and others Vs. State, 2009, 38 CLC (HCD)
....anted earlier is hereby vacated. Send a copy of this judgment to the court concerned at once for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 762. ......n a plain reading of the petition of complaint, we find that there is no allegation that the money claimed was ever entrusted to the accused petitioners by the complainant and, as such, we are of the view that the very ingredient of the offence of criminal breach of trust is totally absent in the pe..Category: Employment/Service Law | Date: | Hits: 238
Abdul Latif Howlader and others Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....tee and subject to there being vacant posts of similar scale available. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 707. ......rned Advocate appearing on behalf of the petitioners, submits that the petitioners have been serving the respondents for a long time and have all along been waiting to receive the transfer letters in view of the decision of the Ministry of Establishment, which had taken a decision to transfer the pe..Category: Employment/Service Law | Date: | Hits: 216
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