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Javed Traders and another Vs. Premier Soap Factory Ltd. and another, 1992, 21 CLC (HCD)
....h, Advocates ‑ For the Petitioners. No one appears ‑ For the Opposite Parties. Civil Revision No.181 of 1989. Judgment AM Mahmudur Rahman J.- This Rule is against Orders dated 23‑11.88, 14.12.88, 27.12.88, 3.1.89 and 19.1.89 of the learned District Judge passed in Mon......ppear and defend the suit under Or. 37 r. 3 CPC the opposite parties cannot appear and defend the suit in view of rule 2(2) of Order 37 CPC the learned District Judge committed an error of law in its decision in passing the order dated 14.12.1988 occasioning failure of justice. He further submits th..Category: Procedural Law | Date: | Hits: 155
Abdul Quddus Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
.... Petition No. 416 of 1987. Judgment Mainur Reza Chowdhury J.- This Rule Nisi under Article 102 of the Constitution was issued upon the respondents to show cause why the judgment and order dated 11.7.87 passed by respondent No.4 the Court of Settlement in Case No.34/87 (Ka‑89,‑Blockâ€......en fill 10.4.74 no application and or approach was made to any authority to release the property. 12. The Court of Settlement cannot declare the property as abandoned property and therefore the decision is illegal and without jurisdiction. 13. The Respondent No.1 has filed an affidavitâ€..Category: Property Law | Date: | Hits: 158
Shahadat Hossain & others Vs. State, 1985, 14 CLC (HCD)
....ad Ismail Uddin Sarker J.- This appeal by the 3 accused appellants namely, Shahadat Hossain, Kazi Enayet Hossain and Abdul Kashem is directed against the judgment and order of conviction and sentence dated the 25th May, 1983 passed by the Assistant Sessions Judge, Jhenidah in Sessions Case No.17 of ......number of perÂsons involved in the commission of the dacoity be 5 or more and not 5 or more persons should be charged for commission of such offence. This question has been settled by the full Bench decision of the Dhaka High Court in the case of Hachi Meah and another Vs. the State repotted in 17 ..Category: Criminal Law | Date: | Hits: 142
Kala Chand alias Chand Mia & others Vs. Karim Khan and others, 2002, 31 CLC (HCD)
....”For the Petitioners. Probir Halder Advocate—For the Opposite Parties. Civil Revision No.4859 of 1997. Judgment SM Dostagir Husain J.-This Rule arises as against the judgment and decree dated 28‑8‑1997 and 3‑9‑1997 respectively passed by the learned Subordinate Judge, First Cou......ent receipts which were not at all proved. Thus the appellate Court being the final court of fact should have considered all these aspects for which he is not entitled thus occasioned an error in the decision required to be interfered by this court. 7. Mr. Probir Halder, the learned Advocate appe..Category: Property Law | Date: | Hits: 144
.... 1988 (Comilla).
Civil Revision No.3663 of 1991 (Dhaka).
Judgment
Quazi Shafiuddin J.- This Rule was issued calling upon the opposite party to show cause why the judgment and decree dated 28.4.88 passed by the District Judge, Noakhali in Title Appeal No.276 of 1987 affirming those ...... the judgment and decree of the trial Court the appellants petitioners filed an appeal before the learned District Judge who upon hearing the parties and perusing the materials on record affirmed the decision of the trial Court and dismissed the appeal. As against the said judgment and decree passed..
Category: Labour and Industrial Law | Date: | Hits: 233
Amir Hossain Farhad Vs. Dr. A Mannan, 1991, 20 CLC (HCD)
....of 1991 (Dhaka). Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the first party‑petitioner under sections 439 and 561A of the Code of Criminal Procedure is for quashing the order dated 17.4.89 passed by the Sessions Judge, Bhola in Criminal Revision No. 16(1) of 1988 setting asi......art of the bid money deposited by the bidder cannot be forfeited on his failure to deposit the balance of the bid money but the bid can be cancelled and fresh auction held. In that view of the matter decision in the case of Abdul Hamid Vs. State reported in 33 DLR at page 399 relied on by the learne..Category: Others | Date: | Hits: 172
James D. Sarker Vs. Rajshahi Krishi Unnayan Bank, 1992, 21 CLC (HCD)
....us Curiae. Appeal from Original Order No.24 of 1991. Judgment Muhammad Ansar Ali J.- This First Miscellaneous Appeal at the instance of the defendant-Âappellant is directed against an order dated 26.1,91 passed by Mr. Md. Abdus Samad, Subordinate Judge, Artha Rin Adalat, Rajshahi in Mortga......rule 5(1) of the said Order 38 of the Code of Civil Procedure which is not permissible in law and on merit also the impugned order is bad and illegal. In support of his contentions, he has cited some decisions reported in 25 DLR page 428, PLD 1976 (Lahore) page 298, AIR 1936 (Allahabad), page 408. B..Category: Civil Law | Date: | Hits: 169
....e Opposite Parties.
Civil Revision No.748 of 1984.
Judgment
Abdul Bari Sarker J.- This application under section 115 of the Code of Civil Procedure is directed against the Judgment and order dated 10.9.84 passed by the learned Additional District Judge, 2nd Court, Dhaka in Miscellaneous App......rders, the Court may reject the written statements, under section 151 of the Code of Civil Procedure, if not, under Order 11. rule 21 of the Code. In support of his contention, he put reliance on the decisions reported in AIR 1925 Allahabad, page 280, AIR 1932 Madras page 263 and 65 IC page 661. The..
Category: Procedural Law | Date: | Hits: 132
Mayajan Bibi Vs. Monohar Ali, 1984, 13 CLC (HCD)
.... Civil Revision No.2 of 1984. (In the matÂter of an application for stay. And in the maÂtter of an application under section 115 of the Code of Civil Procedure, 1908 for setting aside the order date 24.08.1983 passed by Munsif 3rd, Court, Comilla in Misc. case No.28/82) Judgment ATM Afza......ion to set aside an ex parte decree upon exercise of its inherent power under section 151 C.P.C. if no case can be made out as required under Order 9, rule 13 thereof upon a reference to the reported decision it appears that the law is already well settled. It is not necessary to burden this judgmen..Category: Procedural Law | Date: | Hits: 127
Noor Hossain and other Vs. State, 2002, 31 CLC (HCD)
....used-appellants, namely, (1) Noor Hossain, (2) Ramjan, (3) Chandu, (4) Shibha, (5) Shahin, (6) Habu, (7) Rabi and (8) Ator Ali, is directed against the judgment and order of conviction and sentences, dated 3‑8‑1998, passed by the learned Additional Sessions Judge, Kishorgahj, in Sessions Case No......osition of the prosecution witnesses, impugned judgment and other material papers/documents as available in paper-book and submits that this is a case of no evidence, but the trial Court arrived at a decision on guess and surmise. He further submits that the learned trial Court failed to consider th..Category: Criminal Law | Date: | Hits: 111
Dr. Md. Shahjahan, AdvoÂcate Vs. Election Commission and others, 2011, 40 CLC (HCD)
....he instant writ petition:— The respondent No.1 Bangladesh, Election Commission declared the schedule of 9th national parliamentary election on 23-11-2008. The Election Commission also fixed last date of filing nomination paper on 30-11-2008 and scrutiny of nomination papers on 3rd and 4th Decem......ist with the name the name of the learned Advocate appearing for the petitioner. However, Mr. Ahsanul Karim the learned Counsel for the respondent No.7 submits that the instant case is covered by the decision of the Appellate Division and for that reason this writ petition can be decided by us even ..Category: Election Law | Date: | Hits: 231
Noor Jamal Vs. State and another, 2009, 38 CLC (HCD)
....2005 alleging, inter alia, that the petitioner Messrs Meghna Food Products represented by its Proprietor Md. Noor Jamal had entered into a lease financing agreement being agreement No. PLC/E1-51/2003 dated 06-10-2003 with the complainant Phonix Leasing Company Limited for acquisition of Brand new ca...... proceedings initiated against the petitioner when it is proved that the alleged cheque has been issued by him and it was bounced from his bank. 22. In this connection we may profitably refers the decision in the case of Nizmuddin Mahmood Vs. Abdul Hamid Bhuiyan reported in 60 DLR (AD) 195 wherei..Category: Criminal Law | Date: | Hits: 103
Abdul Haque Vs. Monija Khatun and others, 2011, 40 CLC (HCD)
....- For the Plaintiff-Respondents. First Appeal No. 300 of 2004. Judgment Obaidul Hassan J.- This appeal is directed at the instance of the defendant-appellants against the judgment and decree dated 25-9-2004 (decree signed on 26-9-2004) passed by the learned Joint District Judge, Court No.1,......dated 15-8-2004 was passed in absence of the defendants which is contrary to the provision of section 89A(1) of the Code of Civil Procedure. Because in the said section it has been mentioned that the decision for mediation should be taken in presence of the parties in person or repreÂsented by thei..Category: Alternative Dispute Resolution | Date: | Hits: 227
Shariful Bhuiyan and another Vs. State, 2009, 38 CLC (HCD)
.... Judgment Siddiqur Rahman Miah J.- On an application under section 439 of the Code of Criminal Procedure, this Rule was issued calling upon the opposite party, state to show cause as to why order dated 28-8-2007 passed by the learned Additional Sessions Judge, 2nd Court, Brahmanbaria in Sessions......ion witnesses on some specific and vital points which have inadverÂtently been left out at the time of cross examination and the same is bona fide, very vital, crucial and most essential to the just decision of the case, otherÂwise the accused shall be highly prejudiced. 7. After hearing both t..Category: Procedural Law | Date: | Hits: 129
Grameen Telecom Vs. Dr. Rowshan Alam and another, 2010, 39 CLC (HCD)
....- For the Opposite-Party No.1. Civil Revision No.1932 of 2010. Judgment Abdul Awal J.- Rule was issued calling upon the opposite-party Nos. 1 and 2 to show cause as to why the impugned order dated 12-5-2010 passed by the learned Joint District Judge, 1st Court, Gazipur, in Title Suit No.73 ......ourt allowed the applications for withdrawal of the suit and rejected the application for addition of party. 8. At the time of arguments the learned Advocates of both the parties cited a number of decisions. We do not feel it necessary to discuss them in the light of the case as we shall keep our..Category: Procedural Law | Date: | Hits: 100
Md. Abul Boshar Vs. Minakhi Begum & others, 2011, 40 CLC (HCD)
.... First Appeal No. 412 of 2007 and Civil Rule No.773 (F) of 2007. Judgment Sheikh Abdul Awal J.- This appeal at the instance of plaintiff-appellant is directed against the judgment and decree dated 15-11-2007 (decree signed on 20-11-2007) passed by the learned Joint District Judge, 3rd Court...... while existence of contract appears to be legal contract and part payment is admitted in between the parties. 8. Mr. Khijir Ahmed, the learned Advocate to fortify his submission has relied on the decisions reported in 2 MLR (AD) 215, 57 DLR (AD) 39 and 20 BLD (AD) 187. 9. On the other hand, M..Category: Property Law | Date: | Hits: 105
....it Petition No.116 of 1985.
Judgment
Sultan Hossain Khan J.- This Rule under Article 102 of the Constitution as revived is directed against an order passed by respondent No.1 conveyed in letter dated 06.02.1985 refusing to transfer/disinvest Purbachal Jute InÂdustries Ltd. in favour of the pe......fter referred to as P.O.27 of 1972) the manageÂment and control of the aforesaid Purbachal Jute was given to respondent No.2 hereinafter referred to as BJMC. It has been alleged, in pursuance of the decision of the Government to pay compensation to Bangladesh shareÂholders of the nationalised conc..
Category: Company Law | Date: | Hits: 162
Manoo Meah Vs. Sultan Ahmed Khan, 1984, 13 CLC (HCD)
....ul Kabir, Advocates -For the Opposite Party. Civil Revision No.1899 of 1981. Judgment Md. Altaf Hossain J. - In this application under section 115(1) of the Code of Civil Procedure, an order dated 25.08.1981 passed by the Additional District Judge, 1st Court, Chittagong in Miscellaneous App...... non-appearance of the appellant when the appeal is called on for hearing, It seems evident that sub-rule (1) of rule 17 does not authoÂrise the Court to go into the merits of the appeal and to give decision on merits. A power to go into the merits of the case would neceÂssarily include a power ei..Category: Procedural Law | Date: | Hits: 116
Mrs. Saleha Khatoon Vs. State, 1984, 13 CLC (HCD)
....ure for quashing the proceeding in Sessions Case No.5 of 1983 pending before Additional District Magistrate, Jessore arising out of Jessore Sadar, D.A.B. G.R.No.16 of 1982 and Kotwali P.S. Case No.25 dated 12.06.1982 under sections 468/419/420/471 and read with section 109 of the Penal Code. 2. F......the offence is committed 'as such" in a proceeding before any Court in respect of such offence by parties to the proceeding. 19. In the view we have taken in this regard reference may be made to a decision of a Special Bench of the Allahabad High Court, reported in AIR 1931, at page 443. In that ..Category: Criminal Law | Date: | Hits: 117
Sonali Bank Vs. Bengal Liner Ltd. & others, 1986, 15 CLC (HCD)
....d with section 151 of the Code of Civil Procedure. The decree holder has filed an affidavit-in-opposition thereto. 4. To take up the question of rectification of the drawn up order on the judgment dated 27.01.1986, the contention of the judgment-debtor No.1 is that it is the judgment-debtor No.1 ......hether execution can be issued against the owners of the ship, namely, judgment-debtor No.1 and against the judgment-debtor Nos.3-7 for more than the value of the ship. 12. It is settled after the decision in the Case of the Dictator, 1892 L.R.(P), 304 affirmed by the Court of Appeal in the Gemma..Category: Admiralty Law or Maritime Law | Date: | Hits: 360
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