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Superintendent Musrat Dhulia Dakhil Madrasha Vs. Md. Rafiqul Islam and another, 2011, 40 CLC (AD)
....etting aside impugned judgment and decree passed by the Senior Assistant Judge, Sayedpur, Nilphamari in Other Class Suit No. 34 of 1998. 5. That the appellate Court found that the suit was bad for defect of parties in that neither the Madrasha nor the Managing Committee of the Madrasha was made p......i in Other Class Suit No. 34 of 1998. 5. That the appellate Court found that the suit was bad for defect of parties in that neither the Madrasha nor the Managing Committee of the Madrasha was made party in the suit and that no step was taken for adding them as parties. The appellate Court also ob..Category: Employment/Service Law | Date: | Hits: 55
Md. Kabir Hossain and others Vs. Abdur Razzak Mallik and others, 2010, 39 CLC (AD)
....86 in the Court of Munsiff, Jhalakati for declaration of title in respect of the lands in plot No.591 of S.A. Khatian No.311 and for recovery of possession. The defendant Nos. 2-5 having realised the defect filed a solenama on 8th September, 1986 admitting the plaintiff’s title of that suit. Kashe......ivision on the point of limitation. In view of the above, we find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 486. ..Category: Property Law | Date: | Hits: 62
Tuglak Khan Vs. Md. Sultan Nasiruddin, 1991, 20 CLC (HCD)
....ces of the case, the parties are directed to bear their respective costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 615. ......invalidate any document, or which would entitle any person to any decree or order relating thereto; such as fraud, intimidation, illegality, want of due execution, want of capacity in any contracting party, want or failure of consideration, or mistake in fact or law. Proviso (2)‑ The existence ..Category: Property Law | Date: | Hits: 87
Abu Sufian and Others Vs. State, 1993, 22 CLC (HCD)
....Sessions Case No.12 of 1990 be stopped and the accuseds be released for the present. Both the Rules are governed by this Judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 610. ......gislature has made its intention clear that the amending Act should have retrospective operation, there is no doubt that it must be so construed, even though the consequences may entail hardship to a party. But even without express words to that effect retrospective effect may be given to an amen..Category: Criminal Law | Date: | Hits: 58
Abul Ahsan Joardar Vs. Kazi Misbahul Alam, 1992, 21 CLC (HCD)
....addressed a letter to accused No.1 the Managing Director, Froglegs Export Ltd. Khulna requesting him to issue and publish a corrigendum to the prospectus in all the newspapers concerned to remove the defects in the prospectus and further raised objection to the appointment of the accuseds firm as au...... No one ‑ For Opposite Party. Criminal Revision No.229 of 1985. Judgment Muhammad Ansar Ali J.- This Rule at the instance of the accused petitioner was issued upon the complainant opposite party to show cause as to why the impugned proceeding should not be quashed or in the alternative wh..Category: Criminal Law | Date: | Hits: 98
Aftabur Rahman Vs. State, 1993, 22 CLC (HCD)
....asons aforesaid the Rule is made absolute and the order dated 22.6.93 and subsequent orders including the impugned order are set aside. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 593.......asons aforesaid the Rule is made absolute and the order dated 22.6.93 and subsequent orders including the impugned order are set aside. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 593...Category: Criminal Law | Date: | Hits: 87
Eurco Explorer Co. Ltd. Athens Greece and others Vs. Grain Bank Ltd., 1992, 21 CLC (HCD)
....equent upon the illegal impugned order. In the result, the rule is made absolute. The parties are to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 591. ......re judgment passed on March 7, 1988 by the learned Subordinate Judge, 2nd Court, Chittagong in Money Suit No.16 of 1988. 2. The short facts necessary for disposal of this rule are: The opposite party instituted Money Suit No.16 of 1988 against the petitioners for Tk. 29,12,192.59 for alleged l..Category: Civil Law | Date: | Hits: 75
Shamsuddin Vs. The State, 1990, 19 CLC (HCD)
....nd sentence passed against this appellant by the trial Court is hereby affirmed. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 587. ......e custody of her husband. This appellant before the trial Court suggested that Rozina Khatun committed suicide by hanging. It is not the case of the defence that Rozina Khatun was murdered by any 3rd party. It appears from the perusal of the record that this appellant took no steps for informing the..Category: Criminal Law | Date: | Hits: 66
Sufia Khatun and others Vs. Abdul Majid and others, 1992, 21 CLC (HCD)
....desired by the learned Advocate for the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 584. ......e under section 151 of the CPC. The order of dismissal of Misc. Case No.26 of 1988 has occasioned failure of justice. 7. In reply to this contention the learned Advocate appearing for the opposite party submits that the order passed by the learned District Judge refusing to restore the appeal to ..Category: Procedural Law | Date: | Hits: 74
Mst. Momtaz Begum Vs. Anowar Hossain, 2011, 40 CLC (AD)
....e declared to be invalid. The condition of testimony, therefore, is not so essential that it cannot be dispensed with. Once the marriage is consummated and the parties have cohabited, the contractual defect is removed; and the marriage is declared to be legitimate. 37. A marriage may also be pro......tances render this desirable. 13. To use the words of Baillie, marriage, like other contracts, “is constituted by ejab wa kabul or declaration and acceptance, but it confers no rights on either party over the property of the other. The legal capacity of the wife is not sunk in that of the husb..Category: Family Law | Date: | Hits: 318
Mobarak Ali Gazi (Md.) Vs. State, 2003, 32 CLC (HCD)
....m in this case. Accordingly, the convict petitioner is discharged from his bail bond. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 55 DLR (2003) 325....... Petitioner. Ireen Mahbub, Assistant Attorney-Genera-For Opposite Party. Criminal Revision No. 555 of 1998. Judgment Md. Arayesuddin J.- In this revision Rule was issued upon the opposite party to show cause as to why the judgment and order passed by the learned session Judge Satkhira in..Category: Criminal Law | Date: | Hits: 62
Azizul Haque Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....diate and Secondary Education, Dhaka, however, may constitute an ad‑hoc committee in terms of Regulation 8 of the said Regulations. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 566. ......e for one year is made without any lawful authority as it is not contemplated in the Regulations. In support of his contention he relies on a judgment delivered by this Court in which one of us was a party in Writ Petition No.2577 of 1990 wherein it was held that the constitution of the Special Comm..Category: Civil Law | Date: | Hits: 89
KM Sarwar Hossain Vs. Mosharraf Hossain and others, 1993, 22 CLC (HCD)
....hat such leave may also be given subsequently. Further, the question as to the local jurisdiction of a Court may not be confused with the question as to the competence of a Court to try the suit. The defect even if any involved in the former is not of fundamental nature, whereas the latter goes to t......laration of the overall result of the election of all the 74 centres. Mr. Pal has also drawn my attention to paragraph 14 of the affidavit‑in‑opposition filed by the contesting defendant opposite party Serajul Hoque wherefrom it is clear that the learned Assistant Judge passed the impugned order..Category: Civil Law | Date: | Hits: 104
Nurul Islam Palan & and Others Vs. Harez Ali Palan & others, 1993, 22 CLC (HCD)
....ect of 5 gandas share claimed by them from the said Jamila Khatoon. 16. It has been stated in the additional written statement of appellants without giving any particulars that the suit is bad for defect of hotchpotch for not including certain ejmali property of Matkabari in Chandpur Mouza in the......em 7 annas 12 gandas share of the suit properties measuring 20.07 acres and the impugned judgment and decree is modified accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 558. ..Category: Property Law | Date: | Hits: 57
Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others, 2010, 39 CLC (AD)
....ault the suit "will be dismissed". These are not words of automatic operation, for, they contemplate a further order dismissing the suit. But the District Judge in the appellate decree made good this defect by stating in the event of default the suits "will be treated as dismissed". These words w......H. Rahman J. argued: "in the context of section 148 of the Code of Civil Procedure for extension of time where the time limit has been fixed by any order of the Court to perform certain act by the party. It is argued in the present case, the decree of the trial Court used the words that in the ev..Category: Property Law | Date: | Hits: 93
Md. Nurul Hoque Sarkar @ Nurul Huq Vs. State and others, 2009, 38 CLC (AD)
.... law and we find no illegality in the judgment and order passed by the High Court Division and accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 430. ......d Magistrate, First Class, Jessore. 2. The facts as set out in the memo of Criminal Miscellaneous Case No.4427 of 2001, inter alia, are that one Md. Habibur Rahman, A.G.M. of Janata Bank (opposite party No.2) ("complainant") filed a petition of complaint on 31.03.1994 before the court of the le..Category: Criminal Law | Date: | Hits: 85
Momtaz Begum Vs. Md. Anwar Hossain, 2007, 36 CLC (AD)
....above, we find no substances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 427 ......etitioner had illicid connection with the member of Pakistan Army; that subsequently the accused-petitioner fled away with one Nanta with ornaments, hard cash, articles and documents and the opposite party filed C.R. Case No.24 of 1992 in the Court of Sadar Thana Magistrate, Perojpur; that after tha..Category: Criminal Law | Date: | Hits: 165
Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)
....ed of. In view of the above, we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 124. ......ommissioner's report for deciding the actual area of the suit khatian and upon considering the report, if lawful, accept the same in evidence. That suit shall not abate for non-substitution of a dead party in appeal. Reference may be had to the case reported in 31 DLR (AD) 320 and the trial Court sh..Category: Property Law | Date: | Hits: 64
National Bank Limited Vs. New Sonali Garments (Private) Ltd. & Others, 1993, 22 CLC (HCD)
....urn the memorandum of cross‑objections to defendant Nos. 5 and 9. The office is directed to make the appeal ready expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 547. ......Adalat can be challenged in any Court. Under section 7 of the Adalat Act an appeal is provided for to the High Court Division against the decree of an Artha Rin Adalat within 30 days by the aggrieved party. And where the aggrieved party is the defendant he can prefer an appeal only on depositing 50%..Category: Civil Law | Date: | Hits: 96
....ted earlier by this Court stands vacated.
Send down the lower Court records and a copy of the judgment and order to the Court concerned.
Ed.
This Case is also Reported in: 16 BLC (2011) 909. ......h, Advocate-For the Petitioners.
None appears-For the Opposite parties.
Civil Revision No. 5144 of 2005.
Judgment
Salma Masud Chowdhury J.- This Rule was issued calling upon the opposite party Nos.1 and 2 to show cause as to why the judgment and decree dated 22-8-2005 passed by the Cour..
Category: Admiralty Law or Maritime Law | Date: | Hits: 307
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