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Anika Ali Vs. Rezwanul Ahsan, 2011, 40 CLC (AD)
.... two solenamas were executed, one for each of the suits. The solenama in Family Suit No.322 of 2005 provided inter alia that the dower money of Tk.8,00,000/- will be paid by the respondent in twelve installments, a cheque for Tk.66,666/- was paid to the petitioner on 03.04.2006 and eleven post-date...... custody must always remain fluid since change in circumstances may at any time require the terms of the custody of the child to be varied upon a fresh application in order to comply with the age-old principle that the welfare of the child is a paramount consideration and in modern parlance “the b...... of Tk.15,000/- per month from January, 2005 which may be increased in the future upon consultation between the parties and would be deposited in the account of the petitioner with HSBC Bank. The due amount of Tk.2,25,000/- for the months January, 2005 to March, 2006 would be adjusted with the curre..Category: Family Law | Date: | Hits: 327
Government of Bangladesh and others Vs. Md. Mustafizur Rahman Kanchan, 2011, 40 CLC (AD)
....eration of the judgment and order dated 08.04.2010 passed by the High Court Division in Writ Petition No.1086 of 2009 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......eration of the judgment and order dated 08.04.2010 passed by the High Court Division in Writ Petition No.1086 of 2009 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......ost 44 acres of the fishery was totally unfit for fishing due to siltation and establishment of a launch ghat of BIWTA. The petitioner prayed for re-measurement of the fishery and to re-fix the lease amount for the year 1412 BS. A five member Committee headed by the Upazila Fishery Officer, Karimgan..Category: Fiscal/Taxation Law | Date: | Hits: 96
Sadharan Bima Corporation Vs. Bangladesh Shipping Corporation and others, 1990, 19 CLC (HCD)
....ependently in accordance with law. Parties are at liberty to take back their respective documents and Exhibits on giving proper receipt. Ed. This Case is also Reported in: 43 DLR (1991) 322. ......ependently in accordance with law. Parties are at liberty to take back their respective documents and Exhibits on giving proper receipt. Ed. This Case is also Reported in: 43 DLR (1991) 322. ......10 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 16.6.84 claiming a decree for compensation for an amount of Tk. 1,81,250.00 against the defendant No. 1 namely, the Bangladesh Shipping Corporation. S..Category: Admiralty Law or Maritime Law | Date: | Hits: 175
Abdus Sobhan Vs. Harekrishna Kundu and another, 1988, 17 CLC (HCD)
....,000.00 (Tk. five thousand) only as damages. In the result, the appeal is allowed. Since there is no appearance we do not award any costs. Ed. This Case is also Reported in: 43 DLR (1991) 314.......creating present and future trouble for them. There is nothing on record in support of these statements. These allegations are also too vague and lack in any particulars. 22. It is the established principle of law that truth is a complete defence to a civil action for libel. On a careful consider...... also suffered consequential mental agony. The plaintiff has therefore claimed Taka 10,500.00 as compensation for the damage to the reputation caused by the defendants and prays for a decree for that amount. 6. The defendants contested the suit by filing written statements. The defence case is as..Category: Civil Law | Date: | Hits: 89
Zulfiquar Ali Bhutto Vs. State, 1991, 20 CLC (HCD)
....cussed above, the prayer for anticipatory bail is allowed for a period of one (1) month from date. This Rule is made absolute accordingly. Ed. This Case is also Reported in: 43 DLR (1991) 312.......that case as reported in BLD Vol. 5 page 110. We have gone through the facts of the above case. The facts of the above case are similar to the facts of the present case. We are of opinion that the principle of law laid down in that case is applicable in the facts of the present case. Mr. Khand......cussed above, the prayer for anticipatory bail is allowed for a period of one (1) month from date. This Rule is made absolute accordingly. Ed. This Case is also Reported in: 43 DLR (1991) 312...Category: Criminal Law | Date: | Hits: 61
Government of Bangladesh Vs. Abdul Wahid Sheikh (dead) his heirs & others, 1990, 19 CLC (HCD)
....gment delivered by the learned Subordinate Judge also abates. The appeal is, accordingly, disposed of. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 308. ......gment delivered by the learned Subordinate Judge also abates. The appeal is, accordingly, disposed of. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 308. ......86 a new section 86, relevant portions whereof read as follows : "86. (1) If the lands of a holding or a portion of such lands are lost by diluvion, the rent of the holding shall be abated by such amount as may be considered by the Revenue Officer to be fair and equitable in accordance with the r..Category: Property Law | Date: | Hits: 77
Captain Shamsul Alam Chowdhury Vs. Shirin Alam Chowdhury, 1991, 20 CLC (HCD)
....l made by the petitioner under section 17 of the Family Courts Ordinance on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 297.......l made by the petitioner under section 17 of the Family Courts Ordinance on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 297.......land, and out of love and affection for the opposite party and security for her life allowed the opposite party to become a joint holder of the said account of the Bank in which there was substantial amount. The petitioner had given the opposite party's cider brother Mohammad Ali Quayyum who resided..Category: Family Law | Date: | Hits: 230
AHM Kamaluddin another Vs. The State, 1989, 18 CLC (HCD)
....the result, the application is summarily rejected. Let a copy of this judgment be sent to the Court of the Divisional Special Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (1991) 294. ......the result, the application is summarily rejected. Let a copy of this judgment be sent to the Court of the Divisional Special Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (1991) 294. ......ccused petitioner AHM Kamaluddin, Ex‑MD and accused petitioners MA Karim, Ex‑GM of Bangladesh Shilpa Bank in collusion with the borrower Sk. Maniruzzaman collusively sanctioned and disbursed huge amount of money specifically mentioned in the charge‑sheet in violation of the provisions of the r..Category: Criminal Law | Date: | Hits: 63
....lt this appeal is allowed and the suit is dismissed. In view of the facts and circumstances of the case there will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 286.
......lt this appeal is allowed and the suit is dismissed. In view of the facts and circumstances of the case there will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 286.
......for was wholly outside the scope of the said insurance policies, that the scope of arbitration under the policies in question was limited and circumscribed by condition No. 18 and it was only when an amount was disputed that the question of arbitration arose, that as the liability to pay was repudia..
Category: Alternative Dispute Resolution | Date: | Hits: 170
....tion. The rule is accordingly discharged without any order as to costs.
The order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 43 DLR (1991) 282.......the plaint. Mr. Khandaker while pressing his point placed reliance on a decision reported in 13 DLR 871 (Alokeshi Bank Vs. Aftabuddin).The learned Advocate submits that this decision has enunciated a principle of law on the amendment of the plaint made under Order 6, rule 17 of the Code of Civil Pro......d as that will prejudice the defendant in his defence. In the said suit the plaintiff’s case as stated in the plaint originally was that he had paid to defendant and the latter had received certain amount of money. When it was proved that the defendant could not and did not receive the money from ..
Category: Property Law | Date: | Hits: 146
Dilip @ Siddiqur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....ants are affirmed. The appellants 3‑9 who are on bail are directed to surrender to their bail bond to serve out their remaining sentence. Ed. This Case is also Reported in: 43 DLR (1991) 269. ...... the present case. 42. Mr. Serajul Huq, the learned counsel referred to two decisions reported in PLD 1967 (SC) 16 and BCR 1987 (AD) 85. 43. The decision reported in PLD 1967 (SC) 16 guides the principle that if the eye‑witnesses and the FIR give an exaggerated account of injuries quite inco......ants are affirmed. The appellants 3‑9 who are on bail are directed to surrender to their bail bond to serve out their remaining sentence. Ed. This Case is also Reported in: 43 DLR (1991) 269. ..Category: Criminal Law | Date: | Hits: 61
....formance of contract is dismissed.
There will, however, be no order as to costs. Let the lower Court's records be sent down immediately.
Ed.
This Case is also Reported in: 43 DLR (1991) 256.
......formance of contract is dismissed.
There will, however, be no order as to costs. Let the lower Court's records be sent down immediately.
Ed.
This Case is also Reported in: 43 DLR (1991) 256.
......r the plaintiff to obtain a declaration that other assets not included in the schedule of the deed of agreement also belong to the Ferdous Tannery. As per agreement the plaintiff paid two instalments amounting to Tk. 11,70,000.00 and Tk. 8,10,000‑00 being down payment before taking delivery of pos..
Category: Property Law | Date: | Hits: 73
Marida Begum and others Vs. Moulavi Md. Hasan and others, 1989, 18 CLC (HCD)
..... The plaints of Title Suit Nos. 86 of 1973 and 94 of 1973 be rejected. The Rules are accordingly made absolute. I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 242.......uded, the Civil Courts have jurisdiction to examine into cases where the provisions of the Act have not been complied with, or the statutory tribunal has not acted in conformity with, the fundamental principles of judicial procedure". 8. The case of Secretary of State Vs. Mask and Co. was in resp....... The plaints of Title Suit Nos. 86 of 1973 and 94 of 1973 be rejected. The Rules are accordingly made absolute. I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 242...Category: Civil Law | Date: | Hits: 79
Bangladesh Road Transport Corporation Vs. M/s. Ashraf Jute Mills Ltd., 1990, 19 CLC (HCD)
....roperties both movable and immovable of the above company to this Court within two months from the date of receipt of a copy of this order. Ed. This Case is also Reported in: 43 DLR (1991) 240. ......roperties both movable and immovable of the above company to this Court within two months from the date of receipt of a copy of this order. Ed. This Case is also Reported in: 43 DLR (1991) 240. ...... its liability and requested the petitioner to accommodate M/s. Nayapara Jute Mills Ltd. in the aforesaid premises. The respondent company is unable to pay and also has neglected to pay the aforesaid amount of Tk. 1,85,359.95 which is the legal dues of the petitioner. On 24.1.87 the petitioner serve..Category: Company Law | Date: | Hits: 165
Serajul Islam Vs. The Director General of Food, 1990, 19 CLC (HCD)
....In the result, on the grounds stated above the application of the petitioner is summarily rejected. The prayer for certificate is refused. Ed. This Case is also Reported in: 43 DLR (1991) 237....... any fundamental right under Article 44 read with Article 102(1) of the Constitution. In the cases of State of UP Vs. Nooh, AIR 1958 (SC) 86 and Abrahan Vs. ITO AIR 1961 (SC) 609 it was held that the principle of exhaustion of statutory remedy is applied as a general rule, in the matter of issuing c...... the cancellation of the first proceeding since the second proceeding ended in letting off the petitioner with a warning, the third fresh charge dated 30.1.90 (Annexure‑H) on the self‑same ground amounts to putting the petitioner in double jeopardy which is contrary to the provision of Article 3..Category: Administrative Law | Date: | Hits: 175
Sheikh MA Jabbar Vs. AKM Obaidul Huq and others, 1990, 19 CLC (HCD)
....passed by the Metropolitan Magistrate in case No. 792A/95 is set aside. The Rule arising out of Criminal Revision No. 239/88 is discharged. Ed. This Case is also Reported in: 43 DLR (1991) 233. ......te. In support of the submission he has relied upon the decision in the case of Basanta Kumar Maili Vs. Ken Ram Maiti. AIR 1953 page 393 and the case of Lal Mia Vs. Ahmedullah Mia 11 DLR 362. Now the principle that the High Court can in exercise of its revisional jurisdiction either order or confirm......passed by the Metropolitan Magistrate in case No. 792A/95 is set aside. The Rule arising out of Criminal Revision No. 239/88 is discharged. Ed. This Case is also Reported in: 43 DLR (1991) 233. ..Category: Criminal Law | Date: | Hits: 59
Fahim Al Haque (Minor) and another Vs. Mohammad Abdul Aziz and others, 1990, 19 CLC (HCD)
....e suit as expeditiously as possible preferably within six months from the date of receipt of this order if the suit is otherwise found ready. Ed. This Case is also Reported in: 43 DLR (1991) 226.......eported in ILR 27 (All) 688. We have gone through the above decision. In our view the above cited decision has no manner of application in the facts 'and circumstances of the present case because the principle laid down there is with regard to the land in rural areas, but in the instant case admitte......e same. They took loan from the house Building Finance Corporation for Construction of multistoried building there. In some portion of the Suit plot they have in fact constructed a building at a huge amount of money. The defendants have never encroached upon any portion of the land of the plaintiffs..Category: Property Law | Date: | Hits: 59
Dewan Mohammad Safare Ali & others Vs. People's Republic of Bangladesh, 1990, 19 CLC (HCD)
....ance with the principle laid down in Order XLI Rule 21 of the CPC. In the result, the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 221....... judgment on hypothetical and irrelevant consideration and the same has resulted in error in decision occasioning failure of justice. It is further submitted that the 1st appellate Court violated the principle laid down in Order XLI Rule 31 of the C.P.C. in as much fie did not discuss the evidence o......ance with the principle laid down in Order XLI Rule 21 of the CPC. In the result, the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 221...Category: Property Law | Date: | Hits: 60
Hussain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....e, with the above observation I fully agree with the decision of my learned brother Anwarul Hoque Chowdhury J. that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 347. ......rcise of his discretionary power. Let us now examine the language of sub‑section (8) to find out the real purport and meaning and the intention of the legislature for such enactment. The underlying principle of sub‑section (8) of section 526 Cr.P.C. is to afford an opportunity to the accused gra......he Tribunal started playing a hostile role, including the prosecution side and in every question put by defence the Prosecutor jumped up and interfered with and supplied the answer to the witness. No amount of protest stopped the prosecution from doing so and the court took no action and it is also ..Category: Criminal Law | Date: | Hits: 73
Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)
....se. In the result, the appeal of Abdul Bari is allowed and those of others are dismissed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 43 DLR (1991) 336. ......and circumstances and evidence on record that the accused‑appellants have committed the offence in furtherance of common intention otherwise charge under section 34 shall fail. 11. It is settled principle of law that inference of common intention must not be drawn lightly. Vicarious liability c......ged by the prosecution that during this time Arun was seriously beaten. Prosecution further alleged that accused appellants extorted money from Arun's father and further threatened that if sufficient amount of money was not paid to them, Arun would be further beaten. On 25.10.86 Arun's father and ma..Category: Criminal Law | Date: | Hits: 87
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