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Abdul Awal Mia (Md.) Vs. Sonali Bank & others, 1990, 19 CLC (HCD)
....nd decree of the learned Subordinate Judge are set aside and the suit is dismissed on contest against the added defendant No. 3 without cost. Ed. This Case is also Reported in: 43 DLR (1991) 201.......gladesh Insurance filed a written statement stating that this defendant would not contest the suit and would abide by the result of the suit. 5. The defendant No. 3 who was subsequently added as a party to the suit by order No. 18 dated 10.6.70 filed a separate written statement denying all the a..Category: Civil Law | Date: | Hits: 82
Dildar Hossain and another Vs. Md. Sharif Hossain and others, 1990, 19 CLC (HCD)
....f fresh service of summons upon the cited witnesses is allowed. Let a copy of this order be transmitted to the Court concerned immediately. Ed. This Case is also Reported in: 43 DLR (1991) 196. ......ication under Order 16 rule 10 (3) and another under Order 16 rule 1 of the Code of Civil Procedure. 2. The short facts relevant for disposal of the rule may be stated as follows: The opposite party Nos. 1‑4 as plaintiffs instituted Title Suit No. 228 of 1986 in the 1st Court of the Subordi..Category: Property Law | Date: | Hits: 78
Deputy General Manager, Rupali Bank Ltd. Vs. Shah Jalal and others, 1990, 19 CLC (HCD)
....decision by the Trial Court on very independent issues without making any piecemeal of them." The Rule is, accordingly, discharged without Ed. This Case is also Reported in: 43 DLR (1991) 193.......sh Roy Choudhury J. - This Rule tinder section 115 of the Code of Civil Procedure is directed against an order of remand. 2. The relevant facts giving rise to this rule in brief are, that opposite party No. 1, as plaintiff, brought Title Suit No. 225 of 1985 in the First Court of Munsif, now Assi..Category: Employment/Service Law | Date: | Hits: 64
Sigma Huda Vs. Ishfaque Samad and others, 1993, 22 CLC (HCD)
....incerely, honestly and with due care and caution. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 129. ......t the instance of accused petitioner Mrs. Sigma Huda in an application under section 561A of the Code of Criminal Procedure was issued upon the Deputy Commissioner, Dhaka and the complainant opposite party No.1 to show cause as to why the proceeding of P. Case No.765a/1985 under sections 499/500 of ..Category: Family Law | Date: | Hits: 191
Idris Mia (Md.) Vs. Promode Ranjan Das & others, 1992, 21 CLC (HCD)
....d on behalf of the pre‑emptee Exts A and B were filed in support of their cases. 8. Mr. BK Das, the learned Advocate for the pre‑emptee petitioner submits that the pre‑emption application is defective and premature as it was filed before the registration of the kabala deed and as such it is...... For the Petitioner. SK Sinha with Mahbub Ali, Advocates ‑ For the Opposite Parties. Civil Revision No. 270 of 1980. Judgment KM Hasan J.- This rule was issued calling upon the opposite party No.1 to show cause why the order passed on 26.10.79 by the Subordinate Judge, Sylhet, in Misc...Category: Property Law | Date: | Hits: 72
Ismail Mohammad Vs. Motasim Ali Chowdhury, 1993, 22 CLC (HCD)
....record. The learned Advocate may move an application before the trial Court, if so advised. Accordingly the application is disposed of. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 123.......f Assistant Judge, 2nd Court, Dhaka against an order passed by him on 16.8.89 allowing amendment of the plaint on the petition filed by the plaintiff. 2. Short facts relevant is, that the opposite party being plaintiff instituted the aforesaid Title Suit No.226 of 1985 for declaration of title an..Category: Property Law | Date: | Hits: 79
Abul Kasem Talukder Vs. Shamsul Hoque Shawdagar, 1991, 20 CLC (HCD)
....he election of the petitioner as being void is set aside and the election petition dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 121. ...... Judge) Daudkandi Upazila praying for declarations, inter alia, that the election of the returned candidate was void and that he himself had been duly elected. 3. In his election petition opposite party No.1 alleged that as many as 6 pulling stations were originally fixed at Barakata High School,..Category: Election Law | Date: | Hits: 129
Mahbubur Rahman Khan @ Tipu Vs. State, 1993, 22 CLC (HCD)
....pugned judgment. In the result, the appeal is dismissed. Let the LC Record of the case be sent down to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 117. ......on a day when the Court is in a position to examine them. As soon as the witnesses appear on receipt of the summons they should be examined. No adjournment on any flimsy ground at the instance of any party should be allowed to inconvenience witnesses. After the amendment of the Code of Criminal Proc..Category: Criminal Law | Date: | Hits: 75
Meghna Petroleum Limited Vs. Commissioner of Taxes, 1992, 21 CLC (HCD)
.... and the authorities below are directed to stay realisation of tax as demanded till decision of the Reference Application. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 115....... of the disputed amount of tax 60 the decision of the questions of law referred in the Reference Application No.133 of 1991. 2. During pendency of the Reference Application the respondent/opposite party sent a notice to the assessee demanding payment of tax amounting to Tk. 2,43,51,853.00. This a..Category: Fiscal/Taxation Law | Date: | Hits: 98
Budhiswar Biswas Vs. Akbar Ali Sheikh and others, 1990, 19 CLC (HCD)
....nd hence those are set aside resulting in the dismissal of the suit. This rule is, accordingly made absolute without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 183.......nd hence those are set aside resulting in the dismissal of the suit. This rule is, accordingly made absolute without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 183...Category: Property Law | Date: | Hits: 74
Gura Meah Vs. Hari Pada Parial & others, 1990, 19 CLC (HCD)
....ubstance in this appeal for what have been discussed above. In the result, the appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 181....... registered on May 15, 1970 of the appellant being subsequent to the Exts. land 1 (a). Nirode Baran had no subsisting interest to transfer the land to the appellant and the appellant not being made a party in the suit had no locus standi to file the appeal. Upon such findings the lower Appellate Cou..Category: Property Law | Date: | Hits: 69
Ghyas Siddique Vs. Bangladesh, 1990, 19 CLC (HCD)
....the rescinding of the impugned order by the Government. The Rule is, therefore, discharged as infructuous without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 179. ......tion of validity of the order passed by the Home Secretary Sir John Anderson detaining detenu, Liversiege (who was said to have attended several meetings held by Mosley, Leader of the British Fascist party). In the said case the House of Lords by a majority decision rightly dismissed the plaintiffs ..Category: Criminal Law | Date: | Hits: 71
Abdul Kader (Md.) Vs. Md. Abdul Rafi Prodhan and other, 1989, 18 CLC (HCD)
....e, I find no substance in this Rule. The Rule is, accordingly, discharged with costs. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 166.......on) Rules, hereinafter referred to as the Rules. 2. It arises out in the following circumstances; during the last election of the Union Parishads the petitioner Md. Abdul Kader along with opposite party No. 1 Md. Abdul Rafi and 6 others contested for the office of Chairman of Nakai Union Parishad..Category: Election Law | Date: | Hits: 130
Feroja Khatoon Vs. Brajalal Nath & others, 1989, 18 CLC (HCD)
....llate Court below has reversed the decree and dismissed the suit holding that the plaintiff could not prove the payment of consideration money in part as per alleged contract and the same was bad for defect of party, inasmuch as the wife of the defendant No. 1 Brija Bashi Debi, to whom the defendant...... the balance amount of Tk. 300/‑, but those defendants on 15th Baisakh, 1381 BS corresponding to 29.4.74 refused to perform that contract. 3. Only the defendant No. 1 who is the present opposite party No. 1 contested the suit by filing written statement denying their execution of bainapatra and..Category: Property Law | Date: | Hits: 64
Kamaluddin Chowdhury Vs. Mashiudwllah and another, 1990, 19 CLC (HCD)
....along With a copy of the judgment be transmitted to the learned Magistrate concerned at once to proceed with the case in accordance with law. Ed. This Case is also Reported in: 43 DLR (1991) 137.......Opposite Party No. 2. Criminal Revision No. 20 of 089. Judgment Kazi Ebadul Hoque J.- In the case Rule was issued on 29.5.89 upon the Deputy Commissioner, Chittagong and complainant opposite party No. 1 to show cause why the proceeding of Criminal Case No. 97 of 1988 pending in‑ the Court..Category: Criminal Law | Date: | Hits: 69
Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)
....do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ......petency of the learned Judge from whom the matter is transferred. In transferring a case the paramount consideration of the Court would be to meet the ends of justice. The burden verily lies upon the party who is seeking transfer of a case substantiating good, sufficient or weighty grounds which are..Category: Civil Law | Date: | Hits: 113
Sohel @ Sanaullah @ Sohel Sanaullah Vs. State, 2011, 40 CLC (AD)
....sional statement to the attention of the accused during his examination under section 342 of the Code of Criminal Procedure is not a lacuna which cannot be filled up, rather it is only a procedural defect which has to be cured. All these evidence including the confessional statement of the accused......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. ..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. ......t the principle of exhaustion of statutory remedies is applied, as a general rule, in the matter of issuing certiorari, and the Superior Court will ordinarily decline to interfere until the aggrieved party has exhausted his statutory remedies.
On these grounds the Rule is liable to be discharged...
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. ..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. ......n application under Order 39 rule 4 and section 151 of the Code of Civil Procedure. 2. The petitioners as plaintiffs instituted the suit in the said Court of Subordinate Judge against the opposite party Nos. 2‑17 as defendants for a declaration that the decree obtained by the original defendant..Category: Procedural Law | Date: | Hits: 84
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