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Shahidullah and others Vs. Lutfur Karim and others, 1997, 26 CLC (HCD)
....s liable to be dismissed with cost. 5. The learned Assistant Judge framed as many as 6(six) issues including an issue as to whether the suit was barred by limitation (issue No.4). Having heard the parties and their Counsel and having considered the evidence and materials on record, the learned As......anced no argument on this very important point of limitation. 13. Now in this case, the trial Court has clearly found that the plaintiffs have no possession. The plaintiffs admitted possession and payment of rent (Ext.3 series) by the defendants. The lower appellate Court having held that the que......e Court is thus set aside and those of the trial Court are restored. There will be no order as to cost. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (1998) 328. ..Category: Procedural Law | Date: | Hits: 103
Saiful Islam Dilder Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
.... some better interpretation of it can be suggested) to be interpreted to mean that fugitive criminals are not to be surrendered for extradition crimes, if those crimes were incidental to and formed a part of political disturbances………………” 5. He also read out the following passage tha...... find any substance in this writ petition. In the result, this writ petition is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 318. ...... find any substance in this writ petition. In the result, this writ petition is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 318. ..Category: Constitutional Law | Date: | Hits: 421
....building and the petitioner-respondent lost his father during his minority and he inherited the case land and building along with other co-sharers. It is also the case of the petitioner that opposite parties 1-3 purchased 0.200 acre of land and three annas share of the building thereon from opposite......ned Subordinate Judge, Chandpur in Miscellaneous Case No.59 of 1990 is hereby affirmed.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 311.
......ned Subordinate Judge, Chandpur in Miscellaneous Case No.59 of 1990 is hereby affirmed.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 311.
..
Category: Property Law | Date: | Hits: 113
....a report on the facts of the case to the Legal Remembrancer through the Commissioner, and the Legal Remembrance shall, if he thinks fit, report the case for the orders of the Government in Judicial Department. In Miscellaneous Chapter, Clause 17 shows the appointment of the Public Prosecutor. The pr......be discharged.
In the result, this Rule is discharged and in the facts and circumstances of the case we pass no order as to cost.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 126.
......be discharged.
In the result, this Rule is discharged and in the facts and circumstances of the case we pass no order as to cost.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 126.
..
Category: Others | Date: | Hits: 212
Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)
.... aforesaid period. Since this Constitution (5th Amendment) Act had been passed by two‑third majority of the members of the Parliament and since that has been incorporated into the Constitution as a part of the Constitution, we are not in a position to re‑open the passed and closed issue and cons......the interpretation of several provisions of the Constitution are involved in the instant cases, the certificate prayed for is granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 133. ......the interpretation of several provisions of the Constitution are involved in the instant cases, the certificate prayed for is granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 133. ..Category: Criminal Law | Date: | Hits: 202
Shahajada Talukder Vs. Election Commissioner and others, 2003, 32 CLC (HCD)
....aith vitiates everything and a mala fide act is a nullity. What is mala fide? Relying on some observations of the Supreme Court in some decisions. Durgadas Basu J held, "It is enough if the aggrieved party establishes: (i) that the authority making the impugned order did not apply its mind at ...... cancelled and the Returning Officer is directed to hold fresh election upon accepting the nomination paper already filed by the petitioner. Ed. This Case is also Reported in: 55 DLR (2003) 420....... cancelled and the Returning Officer is directed to hold fresh election upon accepting the nomination paper already filed by the petitioner. Ed. This Case is also Reported in: 55 DLR (2003) 420...Category: Election Law | Date: | Hits: 211
....udge Court, Chittagong in Money Suit No.31 of 1990 (previously Money Suit No.35 of 1989) rejecting the petitioner's application under Order 1 rule 10(2) of the Code of Civil Procedure for being added parties to the suit as defendants.
2. Short facts relevant for the purpose of the case are that, ......ains no scope to take a different view in the matter. The ratio decidendi of the case reported in AIR 1969 SC 297 and the case of 1984 BLD (AD) 242 is that the guarantor is at liability, as regards repayment of the loan, to fall upon the guarantor even without pursuing the loan. The guarantor is not......o take a different view in the matter. The ratio decidendi of the case reported in AIR 1969 SC 297 and the case of 1984 BLD (AD) 242 is that the guarantor is at liability, as regards repayment of the loan, to fall upon the guarantor even without pursuing the loan. The guarantor is not only responsib..
Category: Civil Law | Date: | Hits: 101
Ali Azam Vs. Md. Majibullah, 2002, 31 CLC (HCD)
....plaintiff has brought the suit only to grab the entire property so the same suit is liable to be dismissed. 4. The plaintiff examined 10 witnesses and the defendant examined witnesses and both the parties produced some documentary evidence in support of their respective claims. 5. The trial Co......The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 412. ......The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 412. ..Category: Property Law | Date: | Hits: 103
Abdul Goni Kha Vs. Md. Abdul Aziz Azizur Rahman and others, 1996, 25 CLC (HCD)
.... of the Munsif 2nd Court Barisal in Title Suit No.67 of 1976. 2. The plaintiff filed the suit for declaration of title in the suit land stating, inter alia, that Nazar Ali, predecessor of opposite parties No.5‑10 was the owner of 96 decimals of land recorded in plots No.757, 793 and 804 of sect......o by any raiyat shall not exceed, by any agreement express or implied, seven years: Provided that any such usufructuary mortgage may be redeemed at any time before the expiry of the said period on payment of an amount which shall bear the same proportion to the total consideration money received ...... receipt of this order failing possession through the court in execution thereof. Send down the lower Courts record expeditiously. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 172. ..Category: Property Law | Date: | Hits: 114
Talebur Rahman alias Taleb and 2 others Vs. State, 1994, 23 CLC (HCD)
....ed that on being asked the police admitted that there were so many shops and houses around the Roushan General Store but none of them was examined or even cited as witness in the case. Failure on the part of the police to find out the owner of the shop and to make him either an accused or cite him a......ny other case and the accused appellant Abdul Matin be discharged from his bailbond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 167. ......ny other case and the accused appellant Abdul Matin be discharged from his bailbond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 167. ..Category: Criminal Law | Date: | Hits: 74
Amir Hossain Dhali and other Vs. State, 1997, 26 CLC (HCD)
.... night or in the next morning. At 8‑00 AM of the next morning P.W.5 Mahiriur Begum, wife of the deceased, informed wife of her neighbour, Abdul Majid, that her husband had not returned home after departure with the accused persons on the previous night on the plea of going to the house of Moti Cha......to the house of Mandir Dhali on an invitation and returned home at 10-00 PM of the night. After some time accused Amir Hossain Dhali, Ayub Ali and Abdul Mannan came and talked with the deceased about payment of money in respect of his tank. Thereafter the accused Abdul Mannan requested the deceased ......ty forthwith, if not wanted in connection with any other case. Appellant Amir Hossain Dhali is discharged from his bail bond forthwith. Ed. This Case is also Reported in: 49 DLR (HD) (1997)163. ..Category: Criminal Law | Date: | Hits: 85
.... 38 days and 501 days and the Rule therein were issued condoning the delay provisionally subject to the objection that might be raised at the time of hearing.
9. Learned Advocates for the opposite parties in these three Rules submit that there is no sufficient cause for condoning the delays. We d......pposite parties in the other civil revisions shall get interest @ 10 percent from the date of this judgment (19-8-96) till realisation.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 160.......pposite parties in the other civil revisions shall get interest @ 10 percent from the date of this judgment (19-8-96) till realisation.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 160...
Category: Property Law | Date: | Hits: 84
Jahangir Alam and others Vs. State, 2011, 40 CLC (HCD)
....nd, as such, both the appeals are liable to be dismissed. 11. Heard the learned Advocates for both the sides and perused the materials on record. 12. Now let us discuss the evidences led by the parties to arrive at correct decision. 13. P.W.1 MH Rahmat Ullah, Deputy Assistant Director, ACC ...... 37. In his cross-examination he stated that he made his statement before the investigation officer after 3 months from the date of occurrence. He denied the suggestion that he did not say about the payment of Taka 3,000 to accused Nurul Islam before the Investigating Officer and he denied the sugg......d from their respective bail bonds. Send down the lower court record together with a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 294...Category: Criminal Law | Date: | Hits: 142
Global Access Ltd. Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....upply and incorporation of Covert-Overt Featured Foil with Applicator Machine for the Cigarette Stamp and Band on Turnkey basis for the respondent No.7 as per noted schedule. Bids were submitted by 8 parties under a two envelope system comprising of the Technical and Financial Officers, it being a m......ty. So, we do not find anything which can be considered as mala fide. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 433.......ndent No.8 who did not make a responsive bid. The work order issued on 22‑9‑2002 contained changed terms with regard to price ie conversion, from real value "to token value" and from 'supply' to 'loan'. According to the learned Counsel, the action was mala fide, lacked transparency causing expos..Category: Others | Date: | Hits: 174
....e.
3. No Affidavit‑in‑Opposition has been filed by the respondents.
4. Mr. Rokanuddin Mahmud, the learned Counsel placing the grounds of detention, submits that the allegations in the first part of the grounds, of detention as contained in Annexure‑B are vague and indefinite and those va......lice Station Kotwali, District Dhaka now detained in Dhaka Central Jail be set at liberty forthwith if he is not required in any other case.
Ed.
This Case is also Reported in: 55 DLR (2003) 430. ......lice Station Kotwali, District Dhaka now detained in Dhaka Central Jail be set at liberty forthwith if he is not required in any other case.
Ed.
This Case is also Reported in: 55 DLR (2003) 430. ..
Category: Criminal Law | Date: | Hits: 104
Mohammadullah and others Vs. Md. Shamsul Alam alias Md. Alam, 2002, 31 CLC (HCD)
...., 3rd Court, Dhaka on the same day for eviction of their monthly tenants, namely, Md. Shamsul Alam @ Md. Alam and Haji Abdul Jabbar respectively from the suit premises. Both the suits were decreed ex parte on 26‑2‑1992. The decrees were put into execution vide Title Execution Case Nos. 8 of 1992...... the said finding of fact. In the result, these Rules are discharged without any order as to cost. The impugned orders are maintained. Ed. This Case is also Reported in: 55 DLR (2003) 428. ...... the said finding of fact. In the result, these Rules are discharged without any order as to cost. The impugned orders are maintained. Ed. This Case is also Reported in: 55 DLR (2003) 428. ..Category: Procedural Law | Date: | Hits: 100
Salma Begum Vs. Sonali Bank Limited and others, 2010, 39 CLC (HCD)
....For the Opposite-Party No.1. Md. Hefzul Bari, Advocate - For the Opposite-Party No.2. Civil Revision No.185 of 2010. Judgment Abdul Awal J.- This Rule was issued calling upon the opposite parties to show cause as to why the impugned order dated 9-11-2009 passed by the learned Additional ......1-2009 passed by the learned Additional District judge, 2nd Court Dhaka, in Miscellaneous Appeal No.230 of 2009 is here by set aside. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 282. ......defendants for realization of TK. 47,40,875 (forty seven lakhs forty thousand eight hundred seventy five) contending, inter alia, that one Saleha Khatun, who is now dead, and her son Abdul Latif took loan to complete the under construction building of Saleha Kahtun by mortgaging the schedule land ..Category: Civil Law | Date: | Hits: 229
Mokbul Hossain and another Vs. State, 2003, 32 CLC (HCD)
....mensingh for disposal. Meanwhile accused Mokbul Hossain and Atiqul Islam remained absent and absconding. State defence lawyer was accordingly appointed to defend absent and absconded accused. Hearing parties charge under section 302/34 was framed against accused Rasmat Ali, and against absent and ab......ted of the charge thereunder. Both appellants Mokbul Hossain and Atikul are directed to be set at liberty if not required in any other case. Ed. This Case is also Reported in: 55 DLR (2003) 396. ......ted of the charge thereunder. Both appellants Mokbul Hossain and Atikul are directed to be set at liberty if not required in any other case. Ed. This Case is also Reported in: 55 DLR (2003) 396. ..Category: Criminal Law | Date: | Hits: 103
Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
....diction) Present: Moyeenul Islam Chowdhury J Md. Nazrul Islam Talukder J Shahnaj Begum Munni……………………Petitioner Vs. State and another……………………Opposite-parties Judgment May 12, 2011. Result: The Rule is made absolute. Lawyers Involved: ...... of 6(six) months. However, on behalf of the husband of the accused-petitioner, she (accused-petitioner) provided the complainant with a cheque of Tk. 30 lakh bearing No.6669851 dated 02-4-2009 for repayment of the loan. The cheque was presented for encashment with the Janata Bank Ltd., Bayezid Bost......lainant and the husband of the accused-petitioner were very friendly with each other and at one stage, the husband of the accused-petitioner took a sum of Tk. 30 lakh from the complainant by way of loan in two instalments on the stipulation that he would repay the loan within a period of 6(six) ..Category: Criminal Law | Date: | Hits: 120
Sekandar Spinning Mills Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2011, 40 CLC (HCD)
....s of the case are that, the petitioner is a private limited company incorporated under the Companies Act, 1913. The petitioner is engaged in the business of producing cotton of different counts and part of them are exported and the remaining are sold in the local market. The petitioner is duly r......f productions that are being sold in the local market. 3. The respondents No.3 on 20-6-2005 bearing Nothi No.3rd (12)8/Ra: He: Ni:/2004-05/1103 dated 19-6-2005 directing the petitioner to make payment of Taka 10,90,585 with an allegation that upon review of the Account Register, Sale/Purchase......ect. The respondent is hereby directed to re-adjust the amount of Taka 10,90,585 in the VAT Register of the petitioner company at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 272...Category: Fiscal/Taxation Law | Date: | Hits: 196
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