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Feroja Khatoon Vs. Brajalal Nath & others, 1989, 18 CLC (HCD)
....e suit stands decreed. Since there is no appearance on the side of the opposite party No. 1, question of awarding costs does not arise. Ed. This Case is also Reported in: 43 DLR (1991) 160. ......e suit stands decreed. Since there is no appearance on the side of the opposite party No. 1, question of awarding costs does not arise. Ed. This Case is also Reported in: 43 DLR (1991) 160. ......ister the kabala on receipt of Tk. 300/‑ from the plaintiff and after procuring necessary certificates for the purpose. Subsequently the plaintiff demanded for the kabala upon tendering the balance amount of Tk. 300/‑, but those defendants on 15th Baisakh, 1381 BS corresponding to 29.4.74 refuse..Category: Property Law | Date: | Hits: 64
Rana Awan (Mrs.) Vs. Bangladesh, 1990, 19 CLC (HCD)
....ed authority on 14.11.83 as contained in Annexure‑H to the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ...... contentions of Mr. MH Khondker, the 1carnod Advocate for the respondents 1 and 2. 9. Let us, first of all, take up the maintainability of this writ petition. There cannot be any dispute as to the principle of law formulated by Mr. MH Khondker that when disputed questions of title involve dispute......ed authority on 14.11.83 as contained in Annexure‑H to the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ..Category: Property Law | Date: | Hits: 78
Sohel @ Sanaullah @ Sohel Sanaullah Vs. State, 2011, 40 CLC (AD)
....ed judgment and order of the High Court Division. In the result, the appeal be dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 105, VIII ADC (2011) 705, 9 LG (AD) (2012) 36. ......ed judgment and order of the High Court Division. In the result, the appeal be dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 105, VIII ADC (2011) 705, 9 LG (AD) (2012) 36. ......201/34 of the Penal Code and sentenced this present appellant to death and sentenced the other appellant Hannan and absconding co-accused Hanif and Mannan to suffer imprisonment for life with varying amount of fine, in default, to suffer rigorous imprisonment for a further period of 6(six) months. T..Category: Criminal Law | Date: | Hits: 84
....he case does not involve at this stage any substantial question of law as to the interpretation of the Constitution. The prayer is rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 131. ......rge against the petitioner on 3.8.89. For this reason he submits that by contravention of the provision of Rule 7(2) by simultaneously appointing an Inquiry Officer, there has been a contravention of principle of natural justice inasmuch as the Petitioner has been deprived of his initial right of su......ed in (1986) 1 All England Law Reports 257 wherein the Court of Appeal held in the particular facts and circumstances of that case that failure to notify the appellant in accordance with regulation 7 amounted to such a serious departure from the police discipline procedure that, even though the inte..
Category: Employment/Service Law | Date: | Hits: 79
Kazi Motiur Rahman and others Vs. Din Islam, 1990, 19 CLC (HCD)
....ected to pay the fine within 6 months from arrival of the records to the Lower Court. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 128. ......ected to pay the fine within 6 months from arrival of the records to the Lower Court. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 128. ......the learned Magistrate committed an illegality in taking cognizance of the offence inasmuch as valuation of the property of theft was not more than 5,000/‑ and the complainant has given an enhanced amount of loss showing of Tk. 6,000/‑ in petition of complaint. 7. In the petition of complaint..Category: Criminal Law | Date: | Hits: 73
Repco Laboratories Ltd. Vs. Nuruddin Ahmed and others, 1989, 18 CLC (HCD)
....ocedure there is no scope for me for interference with his order. Accordingly, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 123. ...... of the plaintiffs, previously filed Title Suit No. 376 of 1963 challenging the decree passed in Title Suit No. 449 of 1961 and lost tip to the Supreme Court and therefore the present suit was barred principle of res judicata.. His further case was trial defendant No. 1 had valid title and possessio......he question of convenience and inconvenience of the parties. He has also submitted that the undertaking given on behalf of the plaintiffs to the learned Subordinate Judge not to make any construction amounts to an injunction and as such the finding of the learned Subordinate Judge that the order for..Category: Procedural Law | Date: | Hits: 84
Durgarani Sarkar Vs. United Bank of India Ltd. and others, 1989, 18 CLC (HCD)
.... at the Bank's rate althrough till repayment of the same. In 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) 121. ......he learned Appellate Court, in my opinion, has taken the correct view that no final agreement for sale was made in between the parties which can be legally enforced under the Specific Relief Act. The principle of law enunciated by their Lordships in the decision cited by Mr. Syed Mahmud Hossain supp...... at the Bank's rate althrough till repayment of the same. In 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) 121. ..Category: Property Law | Date: | Hits: 70
Wahida Rashid (Most) and another Vs. Miron Muhammad Zahidul Hoque, 1990, 19 CLC (HCD)
....not call for any interference by this Court at this revisional stage. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 115....... justice has not been meted out by the Court who tries the suit, the, decree cannot be set aside simply on the ground that the case was tried by a Court other than the Small Cause Court." Thus the principle laid down in the above quoted decisions is that the suit falling within the exclusive juri......bmits that the learned Courts below committed an error of law in their decision in decreeing the suit with the finding that the defendants are habitual defaulters without considering the fact that an amount of Tk. 6000/‑ admittedly taken by the plaintiff from the defendants has remained outstandin..Category: Property Law | Date: | Hits: 66
Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)
....ayed up to 21st September, 2008. If the petitioner pays the 1st installment by 21st September, 2008 the order of stay shall remain in force till next installment and onward on payment of subsequent installments within time". 4. Mr. Mahbubey Alam, learned counsel appearing for the appellant, que......he part of the litigant to assert his right as taken causing prejudice to the adverse party. In Lindsay Petroleum Vs. Prosper Armstrong Hurd, (1814) 5 PC 221 Sir Barnes Peacock has clearly stated the principle thus: "Where it would be practically unjust to give a remedy, either because the party ......terest pendentelite. The suit was eventually decreed. Thereafter, the decree-holder put the decree into execution in Artha Rin Jari Case No.153 of 2007. As judgment-debtor did not pay the decreetal amount the decree-holder as per order of the Court published tender notice in a national daily news ..Category: Civil Law | Date: | Hits: 113
Hasina Mawla Vs. Bangladesh Parjatan Corporation and another, 1992, 21 CLC (HCD)
.... The impugned order (Annexure‑A) is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 112.......ement and pay her gratuity. The petitioner accepting the lawful retirement and gratuity benefit without objection has filed the petition as a measure of afterthought and the petition is barred by the principle of estoppel, waiver and acquiescence. 4. In her affidavit‑in‑reply the petitioner d......er on 6.9.88 retiring the petitioner with effect from 1.9.88 upon completion of 25 years service before the age of superannuation. Meanwhile, the respondents on their own paid her the gratuity, which amount the petitioner was to receive under compelling circumstances to defray her medical expenses. ..Category: Employment/Service Law | Date: | Hits: 88
Chowdhury Miah Vs. Dhanindra Kumar Shil and others, 1992, 21 CLC (HCD)
....the trial Judge is directed to hear and dispose of the suit within 28th February, 1993. Let a copy of the order be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 110. ......drawn my attention to certain English and Indian decisions. Although they are not binding on me, yet being the enlightended views of the eminent jurists who are accustomed to expound and illumine the principles of jurisprudence similar to our own, they offer a valuable guide on subject. 4. In the......the trial Judge is directed to hear and dispose of the suit within 28th February, 1993. Let a copy of the order be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 110. ..Category: Procedural Law | Date: | Hits: 91
Bakth Bibi Vs. Bangladesh, 1992, 21 CLC (HCD)
....ernment are without authority and of no legal effect. I, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ...... in which Mr. Badrul Haider Chowdhury, J as his Lordship was then, traced the history of the gradual development of interpretation of "abandoned property" appearing in Article 2 of PO 16 of 1972. The principle that has been settled in these cases culminating in Ispahani's case is that clause (1) of ......ernment are without authority and of no legal effect. I, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ..Category: Property Law | Date: | Hits: 73
Shafiuddin Khan (Md) Vs. State and another, 1993, 22 CLC (HCD)
....against the accused petitioner under section 420 BPC after amending the charge in the light of the observation made in the judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 102. ......against the accused petitioner under section 420 BPC after amending the charge in the light of the observation made in the judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 102. ......he sum of Tk. 47,500.00 from the complainant from his shop at Agla Bazar in presence of witnesses after executing a document in his favour on a non‑judicial stamp of Tk. 3.00 promising to repay the amount as soon as it is demanded. In spite of repeated demands and requests. accused did not refund ..Category: Criminal Law | Date: | Hits: 132
....ition, leaving nothing for us to interfere in mandamus.
We find no substances in this application which is thus summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 95.
......facts but to no result. When that was the matter a letter of provisional work order was issued in favour of respondent No.6 without considering the case of the petitioner which is in violation of the principle of natural justice. The petitioner thereafter served demand of justice notice but fill tod......Bombay, 1989 (3) SCC 293; (AIR 1989 SC 1642) and GB Mahajan Vs. Jalgaon Municipal Council, 1991 (3) SCC 91: (AIR 1991 SC 1153) and in a score of other authorities. Acceptance of a tender for a higher amount ipso facto, does not make acceptance illegal. Rule 8 of the Rules permits such a course, if t..
Category: Others | Date: | Hits: 128
Nazir Ahmed and others Vs. Md. Hazee Kalu, 1989, 18 CLC (HCD)
.... other point in support of the appeal. There is no substance in this appeal. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 75. ......he finding lower Appellate Court committed an error or defect in procedure or error of law. The finding of fact of the first Appellate Court is final, if the finding is based on proper evidence. This principle of law is well established. It is pertinent to refer to the case of Pathana Vs. Mst. Wasai...... other point in support of the appeal. There is no substance in this appeal. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 75. ..Category: Property Law | Date: | Hits: 66
Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)
....nt one. In view of my discussion, I am led to hold that the appeal must fail. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 89. ......n the assumption that the proceedings were before a competent tribunal he cannot be allowed to argue that the whole proceedings were coram non judice. On facts of the instant case we are to apply the principle laid down in those cases to the case before us. On reference to the agreement in the case ......published by Ameer Ali, J., umpire, was invalid as there was no submission to arbitration agreement the umpire had no jurisdiction to make the award. In that case dispute arose with regard to certain amount paid to the company, Bengal Silk Mills Ltd. from time to time to help its financial difficult..Category: Alternative Dispute Resolution | Date: | Hits: 174
Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
....ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ......lt in the killing person. If he does so be cannot claim that he was doing so in the right of private defence and has exceeded in his right.” 24. We keeping in view the above laws and the settled principles in respect of the limit of the exercise of private defence of person and of property by a...... that the possession of a trespasser must be effective, undisturbed and to the knowledge of the owner or without any attempt at concealment. For instance a stray a carsual act of possession would not amount to settled or magic in the word settle possession nor is it a ritualistic formula which can b..Category: Criminal Law | Date: | Hits: 86
SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ill proceed in accordance with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.-I agree. This Case is also Reported in: ......ill proceed in accordance with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.-I agree. This Case is also Reported in: ......al Branch, Dhaka as plaintiff instituted Artha Rin Suit No.33 of 2003 before the Artha Rin Adalat No.3, Dhaka against the defaulting borrower M/S Florida International and others for recovery of loan amounting to Taka 1, 80, 92,680.24 (one crore eighty lac ninety two thousand six hundred eighty and ..Category: Procedural Law | Date: | Hits: 80
Mohammad Shahabuddin Vs. Government of the People’s Republic of Bangladesh, 2011, 40 CLC (HCD)
.... Let a Copy of this judgment be sent to the concerned authority at once for information and necessary action. Md. Akram Hossain Chowdhury J. - I agree. Ed. This Case is also Reported in: ...... Let a Copy of this judgment be sent to the concerned authority at once for information and necessary action. Md. Akram Hossain Chowdhury J. - I agree. Ed. This Case is also Reported in: ......er schedule Annexure-A to the petition where the petitioner along with other contractors participated therein. Thereafter, the petitioner’s bid was accepted as a lowest responsive bidder with a bid amount to the tune of Tk. 1, 26, 54,069.60 (Taka one Crore Twenty Six Lac Fifty Four Thousand Nine a..Category: Others | Date: | Hits: 133
Bulu and others Vs. State, 1992, 21 CLC (HCD)
....evelled against them. It is directed that they should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 79. ......obabilities and incongruities for which it cannot be accepted for the purpose of finding the accused appellants guilty of the charges of a capital sentence though the learned Advocate concedes to the principle of law that section 32 of the Evidence Act the dying declaration, if it is found free from......evelled against them. It is directed that they should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 79. ..Category: Criminal Law | Date: | Hits: 83
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