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....ivision, we do not find any merit in the appeals of the appellant and accordingly the appeal is dismissed without any order as to cost.
Ed.
This Case is also Reported in: VIII ADC (2011) 240.
......ivision, we do not find any merit in the appeals of the appellant and accordingly the appeal is dismissed without any order as to cost.
Ed.
This Case is also Reported in: VIII ADC (2011) 240.
......0,00,000.00 shares from the appellant for a price of TK. 10,000,000.00. On the same date, the parties entered into a buy-back agreement whereby it was agreed that the respondent would sell the entire amount of the shares to the sponsors of the appellant at a profit of 20% after the year. Between 10t..
Category: Civil Law | Date: | Hits: 78
Kumudini Hospital Vs. Kumudini Hospital Karmachari Union & others., 1977, 6 CLC (HCD)
....4 and 625 of 1974 are made absolute and the Rule in Petition No. 306 of 1976 is hereby discharged. There will be no orders as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 655. ......rt observed that: “mere fact that payment is accepted in respect of some beds cannot lead to the inference that the hospitals are run as a business in commercial way. The Court reiterated the principle that was laid down in AIR 1968 (SC) 554 and noted that the AIR 1969 (SC) 619 was a bad law......4 and 625 of 1974 are made absolute and the Rule in Petition No. 306 of 1976 is hereby discharged. There will be no orders as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 655. ..Category: Labour and Industrial Law | Date: | Hits: 123
Badsha (Md.) Miah and others Vs. Soleman Nessa Bibi and others, 1988, 17 CLC (HCD)
.... and he seeks 2(two) months' time for the purpose. The prayer is allowed. Let the operation of this judgment be stayed for 2 (two) months. Ed. This Case is also Reported in: 43 DLR (1991) 646........ Defendant Nos. 1, 2 and 3 contested the suit by filing a written statement, inter alia, on the grounds that the suit is not maintainable in its present form, that it is barred by limitation and the principles of estoppel, waiver and acquiescence and bad for defect of parties, etc. The defendants d...... quantity of agricultural land in his khas possession which exceeds, in the aggregate, ten standard bighas; and whenever the total quantity of such land transferred by such person after the said date amounts to ten standard bighas, he shall be debarred from transferring any more such land." 15. I..Category: Property Law | Date: | Hits: 70
Refazuddin Mondal Vs. Abdul Razzaque @ Rezaul Karim & others, 1989, 18 CLC (HCD)
.... for any interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 43 DLR (1991) 644.......f on consideration of the evidence and other materials on record and facts and circumstances of the case rejected the Miscellaneous Case by order dated 31.5.83 on the ground that section was hit by principle of res judicata. 4. Being aggrieved by the said judgment and order of learned Munsif, p...... for any interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 43 DLR (1991) 644...Category: Property Law | Date: | Hits: 68
Tenu Miah and others Vs. The State, 1990, 19 CLC (HCD)
.... Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑ 1 from sections 302/149 of the Penal Code. Ed. This Case is also Reported in: 43 DLR (1991) 633. ......work of criminal Courts would no doubt be greatly simplified. The judicial duty is, however, to act in accordance with law, that is to say on evidence duty admitted and tested according to recognised principle." 39. In the case of Enayetullah and another vs The State reported in PLD, 1966, Lahore......ly, we find accused Giasuddin, Abdul Awal Bhuiyan, Tenu @ Moazzem Hossain, Almas, Abdur Razzak, Abdur Rahman @ Rahman are guilty under section 304 Part 1 of the Penal Code for committing homicide not amounting to murder. As we have already observed the facts, circumstances and the evidence of the ca..Category: Criminal Law | Date: | Hits: 68
Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)
....nd the suit is dismissed. In the facts and circumstances of the case, we make no order as to costs in the appeal as well as in the suit. Ed. This Case is also Reported in: 43 DLR (1991) 623. ......this licence the respondent constructed the building thereon with his own money he has acquired tide in the suit plot. Mr. Ahmed also referred to section 60 of the Easements Act which is based on the principle that one cannot derogate from his own grant and on the principle of estoppel and acquiesce...... end of 1972, that he completed the construction of the ground floor by the end of 1973, by taking further loan from Agrani Bank and Janata Bank and also with his own income, that he invested a total amount of Tk. 1,61,000.00 for the construction of the ground‑floor of the building, that in order ..Category: Property Law | Date: | Hits: 110
Haji Md. Ishaque and others Vs. Rupali Bank, 1990, 19 CLC (HCD)
....uit and the Court below rightly rejected the plaint. In the result the appeal is dismissed with costs to the defendant respondent No. 1. Ed. This Case is also Reported in: 43 DLR (1991) 621. ......uit and the Court below rightly rejected the plaint. In the result the appeal is dismissed with costs to the defendant respondent No. 1. Ed. This Case is also Reported in: 43 DLR (1991) 621. ......e decree on 16.1.86 in Mortgage Suit No. 32 of 1974 without serving notice upon the defendants of that suit; that the plaintiffs were not impleaded as defendants in that Quit; that the entire claimed amount in the suit was repaid and the same was suppressed from the Court and a fraudulent ex parte d..Category: Procedural Law | Date: | Hits: 67
....nished there is no merit in these two revisional applications.
In the result, these Rules are discharged without any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 617.
......nished there is no merit in these two revisional applications.
In the result, these Rules are discharged without any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 617.
......nst the aforesaid order of attachment of the ship in question. After filing the said Miscellaneous Cases the petitioner of the respective Miscellaneous Case submitted a bank guarantee for the claimed amount in the suit and the Court below accepted the same by order dated 16.7.81 and released the shi..
Category: Admiralty Law or Maritime Law | Date: | Hits: 186
....atter be placed before the regular Bench on the re‑opening of the Court on 20th October, 1991 for hearing of the substantive application.
Ed.
This Case is also Reported in: 43 DLR (1991) 607.
......r stay of ensuing Election of the President scheduled to be held on 8th October, 1991 at the Chamber of Jatiya Sangsad submits that the open ballot as provided in the Election Act does not negate the principle of Parliamentary Democracy, neither it infringes the fundamental right of the members of t......atter be placed before the regular Bench on the re‑opening of the Court on 20th October, 1991 for hearing of the substantive application.
Ed.
This Case is also Reported in: 43 DLR (1991) 607.
..
Category: Constitutional Law | Date: | Hits: 229
....ain a stay order from the Appellate Court. The prayer is allowed and this judgment will come into operation just after two weeks from date.
Ed.
This Case is also Reported in: 43 DLR (1991) 603.
......ain a stay order from the Appellate Court. The prayer is allowed and this judgment will come into operation just after two weeks from date.
Ed.
This Case is also Reported in: 43 DLR (1991) 603.
......tice the respondent made a part payment of arrear rent in three instalments. Again the petitioners issued a legal notice through registered post dated 23.5.88 for payment of arrear rent for 13 months amounting to Tk. 5,64,000.00 as rent from May, 1978 to May, 1988. It is also stated that on his fail..
Category: Company Law | Date: | Hits: 190
Abdur Rahman Vs. Shahanara Begum, 1990, 19 CLC (HCD)
....rnments as the Ordinance provides for speedy and summary disposal of the cases dispensing with the provisions of the Code of Civil Procedure. Ed. This Case is also Reported in: 43 DLR (1991) 599.......for the self‑same relief. Of course under section 10 of the Code the subsequent suit can be stated and under section 11 of the code the decision in one case will be binding in the other case on the principle of res judicata. Under the provision of section 20 of the Ordinance sections 10 and 11 of ......of 1985 the opposite party Shahanara Begum filed on 27.1.1986 Money Suit No. 1 (FC) of 1986 in the 2nd Court of Munsif and Family Court, PS Double Moorings, Chittagong for recovery of the self‑same amount of Tk. 3,09,667.00. In that suit the defendant‑petitioner filed an application under sectio..Category: Civil Law | Date: | Hits: 106
Abul (Md.) Kashem & others Vs. Ashrafuzzaman, 1990, 19 CLC (HCD)
....of the case within three months of the receipt of the copy of this judgment. Let a copy of this order be transmitted to the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 596. ......of the case within three months of the receipt of the copy of this judgment. Let a copy of this order be transmitted to the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 596. ......the plaintiff’s suit being a suit for declaratory decree and consequential relief the same was to be valued under section 7(iv)(c) of the Court Fees Act and the suit is to be valued accor6ng to the amount at which the relief sought and valued in the plaint. The plaintiff has rightly valued to suit..Category: Civil Law | Date: | Hits: 94
Afsar Ali Chowdhury and others Vs. The People's Republic of Bangladesh, 1990, 19 CLC (HCD)
.... with approval. We find no substance in this application which is thus, rejected summarily. The stay granted earlier is here by vacated. Ed. This Case is also Reported in: 43 DLR (1991) 593. ...... with approval. We find no substance in this application which is thus, rejected summarily. The stay granted earlier is here by vacated. Ed. This Case is also Reported in: 43 DLR (1991) 593. ......ociety was supplying food stuff at control rate. The Government advanced a sum of Rs. 3000.00 for the purpose of increasing the stock position of the Society. The Society undertook to refund the said amount on ‑demand but they failed to repay after repeated demands and the Government filed the sui..Category: Civil Law | Date: | Hits: 87
Afsar (Md.) Vs. Moulvibazar Pourashava and others, 1990, 19 CLC (HCD)
....this order with proper notice to both the sides. Let the records of the case along with a copy of this order be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 589. ...... Appeal No. 83 of 1977 given by their Lordships of the Appellate Division of the Supreme Court Digest page at 75 of The Bangladesh Supreme Court Digest (1972‑77) to show that "it is well recognised principle that once an amendment of the plaint is allowed, the amendment will relate back to the dat......this order with proper notice to both the sides. Let the records of the case along with a copy of this order be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 589. ..Category: Trust/Waqf Law | Date: | Hits: 181
Khelu Mia and others Vs. State, 1990, 19 CLC (HCD)
....are acquitted of the charges levelled against them. Let the appellants be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 573. ......nise more closely and carefully the evidence on record so that an innocent person is not wrongly found guilty and punished. The administration of criminal justice is based upon certain well‑settled principles, one of which is that the prosecution must prove its own case by legal evidence beyond al......ction 460 relates to lurking house‑trespass or house‑breaking by night, the maximum sentence provided for under this section is like imprisonment, whereas section 302 relates to culpable homicide amounting to murder and the maximum sentence provided for the offence is death that means a capital ..Category: Criminal Law | Date: | Hits: 82
Abdul Quader Chowdhury Vs. Sayedul Hoque & others, 1990, 19 CLC (HCD)
....s hereby affirmed. In the result, both these Rules are discharged. No order as to Cost. The connected stay orders are hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 568. ...... without examining the Commissioner. He cited the decision in the case of Sundar Vs. Hiru and others, 1936 Lah 138 in support of his contention. In the facts and circumstances of the present case the principle laid down in Sundar's case has little application in as much as objection as to admissibil......s hereby affirmed. In the result, both these Rules are discharged. No order as to Cost. The connected stay orders are hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 568. ..Category: Property Law | Date: | Hits: 72
Amir Ali & others Vs. State, 1990, 19 CLC (HCD)
....sult, the appeal is allowed and the order of appellants shall be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 564. ......another Vs. The State, 40 DLR 477 and referred me to paragraph No. 14 of the report. In that decision I was a party. That decision is not wholly on the points which fall for decision in the case. The principle of law as to onus of proof in that case as enunciated was with regard to an offence under ......sult, the appeal is allowed and the order of appellants shall be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 564. ..Category: Fiscal/Taxation Law | Date: | Hits: 101
Bangladesh Vs. Dewan Obaidur Reza Chowdhury and Others, 1990, 19 CLC (HCD)
....are upheld. In the facts and circumstances of the case, there will be no order as to costs. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 43 DLR (1991) 551. ......are upheld. In the facts and circumstances of the case, there will be no order as to costs. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 43 DLR (1991) 551. ......t the plaintiff has tenancy right in the suit‑land. The above fact by itself does not exonerate the plaintiff from proving his case. "The plaintiff in order to succeed must prove, beyond reasonable amount of doubt his title ill the suit land." 10. But with regard to this, the lower appellate Co..Category: Property Law | Date: | Hits: 101
Sadharan Bima Corporation Vs. Bangladesh Shipping Corporation & others, 1990, 19 CLC (HCD)
....interests of the parties in any manner whatsoever and the Court will be at liberty to decide the matter independently in accordance with law. Ed. This Case is also Reported in: 43 DLR (1991) 548.......interests of the parties in any manner whatsoever and the Court will be at liberty to decide the matter independently in accordance with law. Ed. This Case is also Reported in: 43 DLR (1991) 548....... read with section 151 of the Code of Civil Procedure for return of the plaint to the plaintiff. 2. The plaintiff instituted the present suit on 24.11.85 claiming a decree for compensation for an amount of Tk. 51,728.20 against the defendant No. 1, namely, The Bangladesh Shipping Corporation. Sa..Category: Admiralty Law or Maritime Law | Date: | Hits: 195
Hosne Ara Begum Vs. Alhaj Md. Rezaul Karim and others, 1990, 19 CLC (HCD)
....e Court of appeal under section 17 of the said Ordinance, 1985, but nevertheless remaining a Court subordinate to the High Court Division. Ed. This Case is also Reported in: 43 DLR (1991) 543. ......e Court of appeal under section 17 of the said Ordinance, 1985, but nevertheless remaining a Court subordinate to the High Court Division. Ed. This Case is also Reported in: 43 DLR (1991) 543. ...... the Dissolution of Muslim Marriage Act, 1939. Under the said provision, amongst others, physical assault and making the life of the wife miserable by cruelty of conduct even if such conduct does not amount to physical ill‑treatment are cruelty. The trial Court found on consideration of evidence o..Category: Family Law | Date: | Hits: 210
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