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Rezia Sultan & another Vs. Md. Haroon Malik and another, 2011, 40 CLC (HCD)
....cellaneous case No.192 of 1980 are set aside. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 347. ......service return. On 30-10-1981 said miscellaneous case as per notification No.26-J-IV/50C-9/78 dated 14-1-81 was transferred to the Court of Munsif 6th Court, Dhaka, learned Munsif received the case record on 22-4-1982 and registered the miscellaneous case as Miscellaneous Case No.65 of 1982. Lea...... of the Code of Civil Procedure in the Court of Munsif, 3rd Court, Dhaka, which is registered as Miscellaneous Case No.192 of 1980. In the said miscellaneous case plaintiff entered appearance after service return. On 30-10-1981 said miscellaneous case as per notification No.26-J-IV/50C-9/78 date..Category: Civil Law | Date: | Hits: 94
Muhibur Rahman Manik and another Vs. State, 2006, 35 CLC (HCD)
....t of 2002. Convicts shall be referred to hereinafter as convict appellants. 16. Sustainability of conviction and sentence awarded upon convict-appellants has been bombarded pressing into service a good number of contentions. Of those, core contentions are catalogued here under: I. Prosecution ...... the touchstone of dispassionate Judicial scrutiny based upon a complete and comprehensive appreciation of features of the case as well as quality and credibility of evidence and materials brought on record………………………….(20) The Code of Criminal Procedure, 1898 The scheme of T......ribunal Act of 2002. Convicts shall be referred to hereinafter as convict appellants. 16. Sustainability of conviction and sentence awarded upon convict-appellants has been bombarded pressing into service a good number of contentions. Of those, core contentions are catalogued here under: I. Pr..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. ...... was purchased by both the brother Mokdom Ali Sheik and Jomu Sheik through registered sub-kabala No.600, dated 17.01.1940 putting the name of both the brothers in the sub-kabala. Thereafter, the R.S. record was prepared in the name of both the brothers showing their equal share in both the plots. Bu......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. ..Category: Property Law | Date: | Hits: 83
Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)
.... to the extent of 5.17 acres as it originally stood. Communicate this Judgment to the Land Appeal Board (respondent No.1) at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 511. ......ahan Akhter, (predecessor of the petitioners) by two registered Kabalas dated 25-7-1958 and 7-8-1958. But by mistake, the relevant SA Khatian in respect of said land along with other land was wrongly recorded in the name of Satinath Bandapaddhaya. The predecessor of the petitioners filed Miscellan......ellaneous Case No.355 of 1968 in the First Court of Munsif. Dhaka under section 143A of the State Acquisition and Tenancy Act for correction of SA record after observing all legal formalities and due service of notices upon the parties concerned and after hearing, Miscellaneous Case was decided in..Category: Property Law | Date: | Hits: 115
Dutex Enterprise Co. Ltd. Vs. RMS Textile and Apparels Ltd. and others, 2010, 39 CLC (HCD)
....cerned or bound by the selling contract of the parties even if reference to such contract is made in credits, for Bank in such credit operation deals in documents and not with the quality/quantity of goods shipped or deal with other performance of the seller to which the document may be related." ......screpancy of the documents, so the L.C. opening bank has no other alternative but to make payment. The appeal is not opposed. 8. In order to appreciate his submissions, we have gone through the record and given our anxious consideration to his submissions. 9. The point for consideration whe......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. ..Category: Business or Commercial Law | Date: | Hits: 365
Moti Mia Alias Motin Vs. State, 2008, 37 CLC (HCD)
....e does not call for any interference. In the result, the Rule is discharged. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 87. ......the High Court Division feels bound to interfere in the preliminary stage. The power is to be exercised with great care and is generally exercised not only when the error is patent on the face of the record but also when grave injustice would result unless prompt redress was given. Only in exception......e does not call for any interference. In the result, the Rule is discharged. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 87. ..Category: Criminal Law | Date: | Hits: 66
....the Court of appeal below is not only being based upon gross misreading of evidence on record also being based on misinterpretation of material evidences on record. I, therefore, find that there is a good deal of substance in the contentions raised by Mr. Abul Quasem and the view taken by the appell......nts examined 7 DWs. and both the parties proved number of documents in support of their respective cases.
5. The learned Assistant Judge, Gomestapur, Nawabgonj on consideration of the materials on record by his judgment and decree dated 26.10.1998 decreed the suit on contest as prayed for.
6. ......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.
..
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.
...... no legal infirmity and the rule is thus, liable to be discharged with costs.
11. We have examined writ petition, the impugned order, the affidavit-in-opposition and the connected the materials on record. It transpires from the writ petition as well as the affidavit-in-opposition filed by the Ban......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.
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Category: Civil Law | Date: | Hits: 85
Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)
....cused No.1 was not seen in the possession of the said shoe shop of "New shoe Museum" but in the self same place a new sign board was hanging in the name of "Munu Shoe Museum" containing the self same goods which were under pledge and hypothecation of the bank. He further submits that although under ......y be a rare case where the High Court Division may be justified in interfering even at the initial stage before taking of cognizance. 20. In the case under review there are sufficient materials on record to proceed with the case. This Court under section 561A should not usurp the jurisdiction of ......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. ..Category: Procedural Law | Date: | Hits: 79
Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
.... in dark and previously on two occasions before completion of the work order as and when cheques were withdrawn by the lead firm Siemens they had made payments directly to the bank. Therefore, in all goodness and bona fide the plaintiffs saw that since the Siemens has given an undertaking to make th...... require that all agreements must be in writing. It is well settled that an agreement can be wholly oral, partly oral and partly written and wholly in writing and in the instant case the materials on record clearly indicate that there is a tripartite agreement based on oral as well as written docume......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. ..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. ......f fact cannot be gone into in writ jurisdiction because it needs evidence as well as a local inspection. In the 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. The High Court should not enter into disputed qu......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. ..Category: Property Law | Date: | Hits: 69
Alam Taj Begum @ Monowar Begum & others Vs. Nimai Chandra Roy, 2009, 38 CLC (HCD)
....e plaintiff being the karta of the Hindu family, executed and registered the deed on behalf of the minor and, as such, the deed is a genuine and valid one and that by the said deed defendant acquired good title in the suit land and that the deed has been acted upon. The learned trial Court further h......ate along with Mr. Fazlul Huque, the learned Advocate appearing for the petitioners, placed the revisional application, the impugned judgments and decrees, and the depositions of the P.W.s and DWs on record and submitted that the learned trial Court on considering the evidence and materials on recor......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. ..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. ......way of restoring the suit to its file and number. In this particular case, the trial Court has dismissed the suit finding that the plaintiff was not willing to proceed with the suit, but it is beyond record and he also submits that within four comers of the two applications which were filed on the d...... 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. ..Category: Procedural Law | Date: | Hits: 82
Arzan @ Iman Ali Vs. State, 1996, 25 CLC (HCD)
....sons blocked the road by placing a truck and in no time the Mini Bus bearing No. Dhaka Metro Cha-6862 arrived at that place and the dacoits started indiscriminate firing in order to make their escape good. The dacoits in two groups tried to flee away. One group started fleeing towards the south and ....... In this case the prosecution examined 11 witnesses in support of the charge. Defence however did not examine any witness. The learned Additional Sessions Judge upon consideration of the evidence on record found the accused-appellant Mesbahuddin, Arzan and another Fazlul Huq guilty of the offence u......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. ..Category: Criminal Law | Date: | Hits: 75
State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....found that the land had remained unused since 1962. Indeed, Section 17 of the 1982 Ordinance explicitly so ordains. 87. The concept “public interest” underwent judicial scrutiny in a fairly good number of cases. As power to acquire immovable property override’s a citizen’s Constitution......al Lawyers’ Association (BELA) being one of such bodies. BELA duly obliged by filing an affidavit, fully impregnated with invaluable facts and information, supported by documents annexed, which are recorded below in conspectus; The erection of the building has been out and out illegal as the same ...... 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: ..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. ......on behalf of the preemptors while 4 O.P.Ws. were examined on behalf of the preemptors in support of their respective cases. 5. The trial Court on consideration of the evidence and the materials on record by judgment and order dated 13.09.2001 rejected the prayer for pre-emption by dismissing the ......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. ..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. ......d order, the learned District Judge did not commit any illegality and as such the Rule is liable to be discharged. 10. Heard the learned Advocate, perused impugned order and the other materials on record. 11. The petitioner corporation filed Miscellaneous Case for realization of the loan money......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. ..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. ......uch, there was no scope for extension of the period for deposit of cost and that the application was not maintainable. 6. Mr. Khijir Ahmed, learned Advocate for the petitioner, took me through the record as placed and sections 148 and 151 of the Code and submitted that as the time was fixed by th......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. ..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. ......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. ......e and others................Petitioners Vs. State……………………………Opposite Party Judgment Aueust 20, 2009. Result: The Rule is made absolute. Out of a contract of service between the employer and employee, whatever its kind may be, if a sum of money as salary, al..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. ......here is no scope for transferring the petitioners into the revenue budget. 4. Mr. Murshid further refers to the decision of the minutes of the ECNEC meeting held on 31- 12-2007 which quite clearly records the decision that steps must be taken to transfer the manpower of the completed project into......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. ..Category: Employment/Service Law | Date: | Hits: 216
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