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Rabindra Narayan Gope Vs. Nani Gopal Gope and other, 1990, 19 CLC (HCD)
....ceed with the Execution Case No. 14 of 1981 according to law. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 540. ......the opposite parties did not authorise the petitioner to certify satisfaction of the decree by delivery of possession of the building. In view of my discussion above and in the light of the aforesaid principles of law laid down in Valchand Gulabchand Shaha and Moti Ram referred to above I am of the ......s on receipt of Tk. 8, 275.00 within 60 days. The petitioner deposited the money on May 15, 1981 on behalf of the decree‑holders. The decree holders‑opposite parties also by depositing the said amount on July 17, 1981 started Execution Case No. 14 of 1981 on behalf of all the joint decree hold..Category: Procedural Law | Date: | Hits: 81
Atash Ali and others Vs. Rebati Mohan Sarker and 3 others, 1990, 19 CLC (HCD)
....t; the Rule is discharged. The learned Munsif is directed to proceed with the case in accordance with the case in accordance with the law. Ed. This Case is also Reported in: 43 DLR (1991) 539. ......is provided in Order 47 C.P.C. by way of review and also in Order 43 rule 1 (r) by way of appeal from the order of dismissal of the injunction petition. He further submits that it is a well‑settled principle of law that where a legal remedy is provided for in the Code to an aggrieved party the inh......t; the Rule is discharged. The learned Munsif is directed to proceed with the case in accordance with the case in accordance with the law. Ed. This Case is also Reported in: 43 DLR (1991) 539. ..Category: Civil Law | Date: | Hits: 93
Nannu (Md.) Miah Vs. Mosammat Peer Banu Bibi & another, 1990, 19 CLC (HCD)
....or of law. The impugned order is not liable to be interfered with, In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 526.......5, when the petitioner defendant filed a petition before the learned Judge under Order 7 rule 11 (d) of the Code of Civil Procedure for rejection of the plaint on the ground that it was barred by the principle of res judicata. The prayer was opposed by the plaintiff. The learned Judge after hearing ......or of law. The impugned order is not liable to be interfered with, In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 526...Category: Procedural Law | Date: | Hits: 86
Bangladesh Vs. Unimarine SA Panama and other, 1977, 6 CLC (HCD)
....t-appellant but in view of our judgment there is no necessity of passing any order in the revisional application. ATM Afzal J.- I agree. Ed. This Case is also Reported in: 29 DLR (1977) 252. ......he application would show that it was in conformity with the requirement of Order 38, rule 5 of the Code of Civil Procedure and further submission of the learned Deputy Advocate General, was that the principles in the decision reported in 28 DLR 231 were wrongly applied to the present case by the le......R 112. Their Lordships held at page 115 thus: "The Court hat inherent jurisdiction to preserve the property of the Judgment-debtor in order that it may be available for realization of the decretal amount. The principle has been recognized in Order XXXVIII, rule 5 of the Civil Procedure Code which..Category: Admiralty Law or Maritime Law | Date: | Hits: 240
State Vs. Md. Ali Kibria @ Shahzijahan and others, 1990, 19 CLC (HCD)
....side. The condemned prisoner Mohammad Ali Kibria alias Shahjahan is set at liberty forthwith if not wanted in connection With any other case. Ed. This Case is also Reported in: 43 DLR (1991) 512....... it does not disclose that Magistrate made a sincere endeavour to ascertain if confession was made freely and voluntarily. Thus having viewed the confessional statement Ext. 13 from the standpoint of principle referred above, we are inclined to hold that the confession is neither voluntary nor true ......side. The condemned prisoner Mohammad Ali Kibria alias Shahjahan is set at liberty forthwith if not wanted in connection With any other case. Ed. This Case is also Reported in: 43 DLR (1991) 512...Category: Criminal Law | Date: | Hits: 93
Adam Ali Bepari Vs. Abdur Rahman Dewan & others, 1991, 20 CLC (HCD)
....I do not find any reason to interfere with the judgment and order impugned. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 510. ...... arose." The fact of the case is distinguishable from the facts of the present case. There the lease of the shop was taken for the purpose of business. In view of the facts of that case, I think, the principle laid down therein has little application to the facts of the present case. Moreover, the d......I do not find any reason to interfere with the judgment and order impugned. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 510. ..Category: Property Law | Date: | Hits: 95
Farzana Huq Vs. Bangladesh, 1990, 19 CLC (HCD)
....t Narsingdi now detained in Dhaka Central Jail be set at liberty forthwith and to report compliance of the order to this Court within a week. Ed. This Case is also Reported in: 43 DLR (1991) 501.......how that there was any likelihood of the same being repeated in future and the detaining authority does not also claim to have any such material in his possession. In the circumstances, acting on the principle pointed out above, we find that the detaining authority had no material basis ‑to form a......t Narsingdi now detained in Dhaka Central Jail be set at liberty forthwith and to report compliance of the order to this Court within a week. Ed. This Case is also Reported in: 43 DLR (1991) 501...Category: Constitutional Law | Date: | Hits: 287
Ahmed Kabir Vs. Haji Mazahar Ahmed and others, 1990, 19 CLC (HCD)
....ion of the suit after giving sufficient opportunity to both the parties. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 500. ......w of the facts and circumstances, the Court is under legal obligation to make any enquiry under section 8(c) of the Court Fees Act to ascertain ad determine the valuation of the suit. It is a settled principle of law that the Court is to hold an enquiry and determine the valuation where there is obj......ion of the suit after giving sufficient opportunity to both the parties. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 500. ..Category: Procedural Law | Date: | Hits: 83
Mozammel Haque Vs. Uttara Bank, 1990, 19 CLC (HCD)
....t relates to the ground of re‑calling the order dated 28.8.84. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 498. ......ed Judge has committed an error of law in his decision occasioning failure of justice in allowing the application for amendment of the plaint without any notice to the petitioner which is against the principle of natural justice and normal practice of the Court. The learned Advocate has farther subm......ally for Tk. 100000/‑ but subsequently raised to Tk. 300000/‑, that in spite of several letters and legal notice the petitioner did not liquidate the arrear and the outstanding debt with interest amounted Tk. 668118/‑, as on 9.5.83. Hence the suit for realisation of the arrear dues amicably, o..Category: Property Law | Date: | Hits: 90
Delta Jute Mills Limited and another Vs. Sonali Bank and others, 1990, 19 CLC (HCD)
....hout lawful authority and is of no legal effect. Considering the facts of the case, we, however, award cost against Respondent No. 2 only. Ed. This Case is also Reported in: 43 DLR (1991) 483. ...... the section. Consequently the impugned letter which was issued in pursuance of the said direction must be held to be illegal. 13. Mr. Huq next submits that the impugned action is violative of the principle of natural justice. There cannot be any doubt that the impugned action sought to debar the...... building and machineries of the mills would be mortgaged with the IDBP instead of rupee debenture. Accordingly, the petitioner company entered into two credit agreements with the IDBP on 20.7.70 for amounts of Tk. 93,78,506,82 and Tk. 6,21,493.18 repayable in 25 equal half‑yearly instalments. As ..Category: Company Law | Date: | Hits: 213
Mir Amir Ali Vs. State, 1991, 20 CLC (HCD)
....y as loan against their Provident Fund Account and Upazila Education Officer being their officer recommended it and the teachers started repaying the loan amount from before the lodging of the FIR by installments from their salary and for this no criminal intention could be traced out against the ac......uashed. It is hereby directed that the accused petitioner be discharged from his bail bond. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 250. ......he Upazila Accounts Officer through Sonali Bank. Accounts Officer sent the bill to Sonali Bank after duly passing the same. Other bills were pending for payment. Some of the teachers submitted a bill amounting to Tk. 3000.00 each. 3. The Bureau of District Anti‑Corruption on investigation submi..Category: Criminal Law | Date: | Hits: 104
A M A Wajedul Islam Vs. State, 1993, 22 CLC (HCD)
....ion No.329 (R) 1993 is accordingly disposed of and the connected Rule being Criminal Revision No.3521(R)/1991 for bail is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 243. ......ion No.329 (R) 1993 is accordingly disposed of and the connected Rule being Criminal Revision No.3521(R)/1991 for bail is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 243. ......on wise of notes and coins in the balance register Ext. 5. Thereafter both the appellants Wajedul and Matlubul used to sign the cash receipt registers and cash balance register. Then the balance cash amount was kept in the iron safes. Then Wajedul and Matlub used to lock the iron safes with their ke..Category: Criminal Law | Date: | Hits: 91
Mustafizur Rahman Vs. State and others, 1992, 21 CLC (HCD)
....the petition for bail of the petitioner and we find no reason to grant the prayer for bail. In the result, the Rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 227. ......the petition for bail of the petitioner and we find no reason to grant the prayer for bail. In the result, the Rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 227. ......iates deliberately and with a motive of defrauding the depositors by making false publicity and alluring them of giving higher interest on the deposits fraudulently and dishonestly misappropriated an amount of Tk. 200 crores as banker and committed offence under section 409 of the Penal Code which i..Category: Criminal Law | Date: | Hits: 125
Abdul Matin Sarker Vs. Election Commission and others, 1993, 22 CLC (HCD)
....er as prayed for in Court after being certified by the Registrar of this Court by today as the election is due on 30th of this month. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 220. ......er as prayed for in Court after being certified by the Registrar of this Court by today as the election is due on 30th of this month. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 220. ......nation paper for election of a Chairman shall be made in Form A and shall be signed by the candidate and seconder. It shall be acknowledged by a Treasury Chalan or bank receipt showing deposit of the amount. Under the said Rules a certificate is to be signed by the candidate that he has consented to..Category: Election Law | Date: | Hits: 126
Siddique (Md) Vs. State, 1992, 31 CLC (HCD)
....e Special Tribunal, the prayer for registering the appeal for hearing on merit is rejected. In the result, the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 214. ......der, cannot be pressed against such an affected party. That party would be clearly entitled to challenge the order within the prescribed time, counting the period from his knowledge." 5. The above principle is applicable in the cases where no specific bar is imposed in the statute, it may be left......e Special Tribunal, the prayer for registering the appeal for hearing on merit is rejected. In the result, the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 214. ..Category: Criminal Law | Date: | Hits: 68
State Vs. Md. Shah Nowroj and others, 2011, 40 CLC (HCD)
.... passed by the Divisional Special Judge, Khulna in Special Case No. 18 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ...... passed by the Divisional Special Judge, Khulna in Special Case No. 18 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......sed and considered all the evidence and acquitted the respondents. An appeal against acquittal may be entertained when the impugned judgment is perverse, or so unreasonable that its maintenance would amount to miscarriage of justice. Any such appeal can be allowed only in exceptional circumstances, ..Category: Criminal Law | Date: | Hits: 97
State Vs. Sheikh Mujibur Rahman and others, 2011, 40 CLC (HCD)
....3 passed by the Divisional Special Judge, Khulna in Special Case No. 16 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......3 passed by the Divisional Special Judge, Khulna in Special Case No. 16 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......sed and considered all the evidence and acquitted the respondents. An appeal against acquittal may be entertained when the impugned judgment is perverse, or so unreasonable that its maintenance would amount to miscarriage of justice. Any such appeal can be allowed only in exceptional circumstances, ..Category: Criminal Law | Date: | Hits: 101
State Vs. Sk. Arif Newaz and others, 2011, 40 CLC (HCD)
....ivisional Special Judge, Khulna in Special Tribunal Case No. 13 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......ivisional Special Judge, Khulna in Special Tribunal Case No. 13 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......sed and considered all the evidence and acquitted the respondents. An appeal against acquittal may be entertained when the impugned judgment is perverse, or so unreasonable that its maintenance would amount to miscarriage of justice. Any such appeal can be allowed only in exceptional circumstances, ..Category: Criminal Law | Date: | Hits: 86
Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)
....s concerned in the case. In the result, the rule is discharged. Let this order be communicated to the trial Court for information. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 197. ......nt of the case Sumati Begum Vs. Refique Ullah and another delivered in Criminal Revision No.17 of 1990 (Dhaka). In the said case after elaborate discussion with regard to the provision of law and the principle laid down in different cases the learned Court observed: "The Act provides for the cust......r will. In the instant case she is in judicial custody but not against her will but to compel her to go to the custody of the father appears to us to be against her will expressed before us which may amount to mental torture. In the instant case it appears that the girl also has entered into the con..Category: Criminal Law | Date: | Hits: 80
Philips Electrical Company Ltd. Vs. Commissioner of Taxes (South) Zone, Dhaka, 1992, 21 CLC (HCD)
.... answer the questions referred to us in the negative and against the Revenue. Parties are to bear their respective costs although. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 190. ......he Imperial Tobacco Company of India Ltd. Vs. CIT PLD 1958(SC) 125 CIT Vs. Express Newspapers Ltd., 40 ITR 38 and RKB Motors and Timber (P) Ltd. Vs. CIT (1968) ITR 794. The Tribunal did not apply the principle laid down in those cases on the view that the facts of those cases are distinguishable fro......nland Revenue Vs. Sanderson, 8 TC 38 observed that an income if taxed once at the hand of any one person, the same income cannot be taxed again at the hand of the said person. If that is done, it tantamounts to double taxation which is not conceived in taxing statute. The assessee in the present cas..Category: Fiscal/Taxation Law | Date: | Hits: 109
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