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Abdul Jalil Khondaker & others Vs. Mohd. Mokan & others, 1988, 17 CLC (HCD)
....nd to the appellate Court for fresh decision in the light of observation made in the body of the judgment and in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 228. ......nd to the appellate Court for fresh decision in the light of observation made in the body of the judgment and in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 228. ..Category: Property Law | Date: | Hits: 58
Tajidullah & others Vs. Sona Miah & others, 1986, 15 CLC (HCD)
.... debtors had no saleable interest in the suit land on 3.1.64. 23. As already stated, the Courts below did not consider the facts, circumstances and evidence of the case, on proper perspective of justice. But as there is a concurrent finding of both the Courts on the factum of possession and the......ill be at liberty to amend the pleadings and adduce fresh evidence, if so desire. There will be no order as lo costs of this appeal. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 223...Category: Property Law | Date: | Hits: 66
AKM Ruhul Amin Vs. Al-haj Abdul Latif & others, 1986, 15 CLC (HCD)
....erfere with the impugned order of the learned District Judge. In the result, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 206. ......erfere with the impugned order of the learned District Judge. In the result, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 206. ..Category: Election Law | Date: | Hits: 163
Mostofa Kamal Vs. B. D. Habibullah & others, 1988, 17 CLC (HCD)
....learned Advocate for the petitioner has urged that the learned Assistant Judge has by rejecting his prayer committed an error of law which has resulted in an erroneous decision occasioning failure of justice. He argues that the election is a process and Poll is a mere part of that process. According......o cost. The impugned order passed by the learned Assistant Judge is set aside and the plaint in Title Suit No. 87 of 1988 is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 197. ..Category: Election Law | Date: | Hits: 207
....y else on their behalf have not taken possession of the said property nor served any notices to include the said house in the list of abandoned properties. The petitioner served a notice of demand of justice on 31.7.86, but the demand having not been complied with the petitioner thereafter obtaine......tioner may avail of any other alternative remedy as advised.
The Rule is, therefore, discharged but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 193.
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Category: Property Law | Date: | Hits: 171
Shahabuddin Ahmed Vs. Upazila Election Officer, Bakerganj & others, 1988, 17 CLC (HCD)
....e learned Advocate for the petitioner that the learned Assistant Judge has in partly allowing his prayer committed an error of law which has resulted in error in his decision occasioning failure of justice. According to him in absence of any disclosure of formal defect the learned Judge ought to......tion thereof, to dispose of the defendant's prayer for rejection of the plaint. Let the lower Court record be sent down forthwith. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 188. ..Category: Election Law | Date: | Hits: 152
AY Masihuzzaman Vs. Shah Alam & others, 1989, 18 CLC (HCD)
....shed. The fifth exception provides that it is not defamation to express in good faith any opinion whatever respecting the merits of any case, civil or criminal, which has been decided by a Court of justice, or respecting, the conduct of any person as a party, witness or agent, in any such case, ......uired under law. The Courts below were wrong in holding that the complaint was premature as there is no ambiguity in the alleged defamation and it was caused the moment the opposite party uttered the document in a legal proceeding which would speak for itself and it requires no finding of any defa..Category: Criminal Law | Date: | Hits: 77
Ministry of Communication and others Vs. Md. Ferozur Rahman & ors, 1991, 20, CLC (HCD)
.... Rule No. 15 (FM) of 1991 is disposed of accordingly. In the facts and circumstances of the case, there will be no order as to costs. Ed. This case is also reported in: 45 DLR (HCD) (1993) 762. ...... appointed under that agreement to work as a caterer, serving breakfast and lunch and dinner to the passengers of all the Classes at the rate and rates mentioned therein. From a reading of the tender document submitted by Golden Dragon being tender document No.10 addressed to the Director General of..Category: Civil Law | Date: | Hits: 72
Siddiqur Rahman Vs. State, 1988, 17 CLC (HCD)
....ed Advocate for the appellant that the accusation or charge framed against the accused persons is materially defective and this has seriously prejudiced the defence and resulted in a miscarriage of justice. We have quoted about the accusation and seen that the accusation as made out is of smugglin......cordance with any law:- (I) selling, bartering, exchanging, supplying or disposing of articles rationed by or under any such law; or (II) using or dealing with any licence, permit or ration document issued by or under any such law". Thus before convicting and sentencing the appellant ..Category: Criminal Law | Date: | Hits: 74
Shahabuddin Ahmed Vs. Upazila Education Officer, Bakerganj & others, 1988, 17 CLC (HCD)
....e learned Advocate for the petitioner that the learned Assistant Judge has in partly allowing his prayer committed an error of law which has resulted in error in his decision occasioning failure of justice. According to him in absence of any disclosure of formal defect the learned Judge ought to......ion thereof, to dispose of the defendant's prayer for rejection of the plaint. Let the lower court record be sent down forth with. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 168. ..Category: Election Law | Date: | Hits: 206
Ayar @ Ayaruddin and others Vs. State, 2004, 33 CLC (HCD)
....es of the judgment free of cost in order to enable them to present proper appeal within limitation without being misled in the hands of undesiring persons. This direction is given for the interest of justice on consideration of overall socio‑economic conditions of the country. A combined reading o......for taking necessary actions in this regard in the light of the observations made above within 7(seven) days from the date of receipt hereof. Ed. This Case is also Reported in: 56 DLR (2004) 495...Category: Criminal Law | Date: | Hits: 73
Kamaluddin and others Vs. Abdul Aziz (Md.) and others, 2004, 33 CLC (HCD)
....e trial Court. The respondents would be entitled to withdraw the money deposited in Court by the preemptors. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 485.......ee respondent No. 4 Fazlur Rahman. Documents adduced by the preemptors were marked as Exhibit‑1 to 4 while those of the objectors marked as Exhibit-'Ka' to 'Ga' series. On the evidence, oral and documentary on record, the trial Court dismissed the case. 14. Mr. ABM Mahbub, learned Advocate o..Category: Property Law | Date: | Hits: 71
Abdul Halim Ukil Vs. State, 2004, 33 CLC (HCD)
.... submits that such above move, and gesture of the presiding officer will show the truth of the apprehension of the accused-petitioner that the accused will not get fair and impartial trial as well as justice from the said Court. He accordingly, contends that Rule having merit as above must be made a......e and Deputy Commissioner Sherpur, Jamalpur, and Druta Bichar Ain Adalat Sherpur and Jamalpur for information, guidance and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 281...Category: Criminal Law | Date: | Hits: 71
Foez Ahmed Vs. Joynal Abedin and others, 2002, 31 CLC (HCD)
....he evidence on record as to the execution and the registration of the kabala in question by the plaintiff and thus, committed error of law resulting in an error in the decision occasioning failure of justice in decreeing the suit. 7. Mr. Md. Salahuddin, the learned Advocate appearing for the plai......is old residential house and other immovable properties to the defendant for an amount of Taka 3,000 and executed a Nadabinama in favour of the defendant. The sale deed and the Nadabinama are genuine documents. After the transfer of the suit land and the house the plaintiff went to his new homestead..Category: Property Law | Date: | Hits: 80
Jamal Uddin Vs. Mir Kashem Bahumukhi High School and others, 2004, 33 CLC (HCD)
....nd they are suffering during these hard days of economic crisis. The service of the plaintiff though not regulated by the service regulations of the board but is protected by the principle of natural justice and hence the suit for declaration that the order of the principal dated 07‑09‑96 is ill......ot find any substance in the Rule. In the result, the Rule is discharged without any order as to costs. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 474. ..Category: Employment/Service Law | Date: | Hits: 96
Chitta Ranjan Mistry and others Vs. Radheshyam Mistry and others, 2002, 31 CLC (HCD)
....of the suit land the plaintiffs were required to pray for recovery of khas possession along with the prayer for declaration of title, the Courts below committed no error of law occasioning failure of justice in dismissing the suit and, as such, no interference is called for by this Court. 8. In v......d Advocated appearing, with Mr. Md Ruhul Quddus for the defendant opposite parties, on the other hand, submits that in order to answer the point raised by the learned Advocate for the petitioners the document itself namely, the deed of gift, has to be considered as a whole. He submits that the recit..Category: Property Law | Date: | Hits: 65
Uttara Bank Ltd. Vs. Syed Abidur Reza and others, 2004, 33 CLC (HCD)
...., the employee has a right of action either in a Superior Court in its writ jurisdiction or a Civil Court. (b) If the service of its employee is terminated in violation of the principle of natural justice, the employee has a similar right to action as in (a). (c) If the office is a statutory o......t a decree as prayed for? and (d) what relief, if any, the plaintiff was entitled to? 11. The plaintiff in support of his case examined him. The defendants also examined one witness. Papers and documents adduced by plaintiff were marked as exhibit‑1 to exhibit‑10 while one power of attorne..Category: Employment/Service Law | Date: | Hits: 174
....' list of Gazette notification as the abandoned property.
In the result, the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 746.
......n possession he entered into an agreement on 19.1.1971 with the petitioner for sale of the said property at a consideration of Taka 12 (twelve) thousand and on receipt of Taka 11,500.00 delivered the documents and papers with assurance to the petitioner to execute and register a proper conveyance de..
Category: Property Law | Date: | Hits: 81
Madina Vegetable and Oil Refinery Industries (Private) Limited Vs. M T Dolores, 1993, 22 CLC (HCD)
....sistance rendered to me by the learned Counsels in deciding the case. In the facts and circumstances of the case I award no costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 740. ...... said Court”. He put a great stress on the expression "bill of lading" as employed in section 6 of the Admiralty Court Act, 1861 to contend that "bill of lading" means original bill of lading, a document of title to the property of the cargo and he who holds such original bills of lading the pr..Category: Admiralty Law or Maritime Law | Date: | Hits: 383
Nur Kader (Md.) Vs. Commissioner of Customs & others, 2004, 33 CLC (HCD)
....assess the consignment on the plea that through public notice No. 171(97‑2000)/Import dated 27‑1‑2004 the item was declared as a banned one. The petitioner through his lawyer issued a demand of justice notice upon the respondents on 2‑3‑2004 requesting them to assess and release the goods ......Report of Finding (CRF) Certificate being No. It/GBQ 10775 dated 26‑1-2004 which shows conformity with the invoice value. Thereafter, the goods were shipped and the supplier sent all the shipping documents, viz, commercial invoice, bill of lading, packing list, etc. As per provision of Article 5..Category: Fiscal/Taxation Law | Date: | Hits: 111
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