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....e reasoning that the plaintiff did not prove the execution of the contract by examining the witnesses, who were supposed to prove it. Under such circumstances, the plaintiff with a view to remove the defect filed an application for recording additional evidence under Order 41 Rule 27 read with secti......d any failure of justice. We find no merit in the contention of the learned Advocate-on-Record. The petition is, therefore, dismissed.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 421.
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Category: Procedural Law | Date: | Hits: 68
Azimul Kabir (Md) Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....officials to take proper and adequate care and caution to ascertain that there are materials justifying the passing of an order of detention. Ed. This Case is also Reported in: 54 DLR (2002) 189.......ectable Muslim family. He is an established businessman. He is connected with many educational and social organisations in Chittagong and Dhaka. He is the Joint Secretary of main opposition political party, i.e. BNP, Dhaka City Executive Committee. 3. On 3-4-2001 while the detenu was coming from ..Category: Criminal Law | Date: | Hits: 45
SM Nasirul Haque Vs. Omar Faruque Chowdhury and others, 2001, 30 CLC (HCD)
....are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ...... against the opposite parties for preemption of the transfer of 0.0907 acre of land SA plot No.54 appertaining to SA Khatian No.48/1 out of CS plot No. 139 appertaining to CS Khatian No.2 by opposite party No.2 to opposite party No.1. His case, in short, is that said Khatian No.2 consisted of 5 plot..Category: Property Law | Date: | Hits: 39
State Vs. Kabel Molla and others, 2002, 31 CLC (HCD)
....f this judgment be forwarded to the learned Additional. Sessions Judge, First Court, Tangail for taking necessary action according to law. Ed. This Case is also Reported in: 55 DLR (2003) 108. ......that Shamsu had quarreled with Habil, Motiar and others and after some time he saw Shamsu in injured condition and he carried away. In cross-examination he stated that a member of the village defence party, Shamsu worked under the Chairman for any purpose Shamsu was not a good person and sometimes S..Category: Criminal Law | Date: | Hits: 36
Sufia Islam Shila and another Vs. Shakhawat Hossain and others, 2001, 30 CLC (HCD)
....ssioner within 3 months and to conclude the trial preferably within another 6 months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 178. ......Moinul Islam, Advocate—For the Opposite Party Nos. 1 and 2. Civil Revision No. 1597 of 1999. Judgment Md. Abdus Salam J.- In this Civil Revision a Rule was issued calling upon the Opposite party Nos. 1 and 2 to show cause as to why the impugned order No.28 dated 16-3-1999 passed by Mr Azi..Category: Property Law | Date: | Hits: 28
Kowsar Chowdhury Vs. Latifa Sultana, 2001, 30 CLC (HCD)
.... the time of issuance of the Rule is hereby vacated. Send a copy of this judgment along with the LC record to the court concerned at once. Ed. This Case is also Reported in: 54 DLR (2002) 175.......lowing the appeal and thereby reversing the judgment and decree dated 10-6-1999 passed by the Assistant Judge, 2nd Court, Dhaka, in Family Suit No. 140 of 1998 dismissing the suit. 2. The opposite party as plaintiff filed the above Family Suit No. 140 of 1998 for getting maintenance for her daugh..Category: Family Law | Date: | Hits: 186
....en opposite party No.1 and RAJUK which is a juristic person, the arbitration proceedings as well as the said suit without impleading the latter as the defendant thereof is not maintainable at all for defect of parties which is a question of law.
7. The second point raised by the learned Advocate,......0 passed by the learned Subordinate Judge, 5th Court, Dhaka rejecting the petitioners written objection in Title Suit No. 1 of 1999 (under section 14(2) of the Arbitration Act, 1940) to make opposite party No. 2’s award dated 19-9-1998 the Rule of the Court.
2. Short facts relevant for the purp..
Category: Alternative Dispute Resolution | Date: | Hits: 196
Barrister Ziaur Rahman Khan Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....l call such meetings to meet the contingencies and the meetings thus called will take decisions as per clause (4) of Annexure ‘C’. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 164. ...... a vested interest and that interest has become a legal interest because of the fact that these circulars are meant to be acted upon, by all concerned, by making the petitioner not only a privy but a party as the adviser to the Thana Committee. The respondent No.4, Thana Nirbahi Office, as an offici..Category: Administrative Law | Date: | Hits: 462
Alamgir (Md) Vs. Habea Begum, 1999, 28 CLC (HCD)
....he impugned order dated 29-6-98 passed by the learned District Judge, Cox’s Bazar in Miscellaneous Appeal No.6 of 1998 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 157. ......ge and Family Court, Kutubdia Sadar in Family Suit No.3 of 1994 rescheduling payment of the decretal dues by instalments. 2. Short facts relevant for the purpose of the case are that, the opposite party as plaintiff instituted a suit in the Court of the Assistant Judge and Family Court, Kutubdia,..Category: Family Law | Date: | Hits: 155
Nazim Habibuzzaman Vs. World Bank & others, 2001, 30 CLC (HCD)
....ble to be rejected in limine. In the result, the appeal is dismissed but without any order at to cost. Send down the records forthwith. Ed. This Case is also Reported in: 54 DLR (2002) 159.......I, CPC taking care to see that the ground mentioned therein is fulfilled. And, if clear drafting has created the illusion of a cause of action, nip it in the bud at the first hearing by examining the party searchingly under Order X CPC. An activist Judge is the answer to irresponsible law suits. The..Category: Others | Date: | Hits: 79
M Tariqullah Sikder Vs. Sonali Bank, 2005, 34 CLC (HCD)
....-4-2002 and 25-4-2002 passed by the court below are affirmed. Civil Rule No. 705(F)/2003 be accordingly, discharged. Copy be sent down. Ed. This Case is also Reported in: 59 DLR (2007) 695. ......ed 25-3-2003. 5. Being aggrieved, the plaintiff of TS 194 of 2002 as appellant preferred this FA 337 of 2003. On prayer by appellant Civil Rule No. 705(F)/2003 was issued calling upon the opposite party to show cause as to why Artha Jari case 333/2003 of Joint District Judge & Artha Rin Adala..Category: Civil Law | Date: | Hits: 92
....s to the Task Force of the PDB. In the second supplementary bill, marked Annexure-E to the writ petition, the respondent No. 3 simply added 29300 units with the meter reading saying that the meter is defective and the same is funning slow by 6. 38 percent. Mr. Haq further submits that had there been......
(5)********
(6) Where any difference or dispute arises as to whether any meter referred to in sub-section (1) is or is not correct the matter shall be decided, upon the application of either party, by an Electric Inspector, or by a competent person specially appointed by the government in t..
Category: Others | Date: | Hits: 131
Abdur Rahman Vs. State, represented by Deputy Commissioner, 2006, 35 CLC (HCD)
....nding before the Metropolitan Magistrate, Chittagong, is hereby quashed. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 683. ...... Judgment AFM Abdur Rahman J.- The accused petitioner, Abdur Rahman, obtained this Rule on 4-2-2001, under section 561A of the Code of Criminal Procedure, calling upon the informant opposite party No. 1 Shankar Sen Gupta and the Deputy Commissioner, Chittagong, to show cause as to the legal..Category: Criminal Law | Date: | Hits: 43
State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)
....absconding accused Ali Hasib Bin Jamal @ Hasib, Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ......ng the first information report. There was reasonable ground for delay in lodging first information report. The GD entry was not made on the basis of any information given by any one of the informant party. PW 21, the Officer-in-charge of the police station himself made the GD entry. This GD entry w..Category: Criminal Law | Date: | Hits: 40
AKM Iftekhar Ahmed and another Vs. State, 2007, 36 CLC (HCD)
....de Court. If this position be continued, I am afraid a day will come when practically, there will be no legal system in Bangladesh. Ed. This Case is also Reported in: 59 DLR (2007) 646. ......re fugitive from justice. It is a settled principle of law that fugitive from justice cannot claim any protection of law. To substantiate the claim, the informant filed an application for addition of party disclosing how the accused petitioners became fugitive from justice. 4. To settle the q..Category: Criminal Law | Date: | Hits: 97
Executive Engineer, Roads and Highways Vs. Naderuzzaman and others, 2007, 36 CLC (HCD)
....t the time of the issuance of the Rule and extended subsequently is vacated. Send down the lower court records. Ed. This Case is also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ......dvocate—For the Petitioner. Abul Khair, Advocate—For the Opposite Parties. Civil Revision No. 443 of 2006. Judgment Bijan Kumar Das J.- This Rule was issued calling upon the opposite party No. 1 to show cause as to why the impugned judgment and order dated 26-1-2006 passed by the le..Category: Procedural Law | Date: | Hits: 75
Bellal Hossain (Md) & others Vs. Md. Yasin Ali Mondal and ors., 2007, 36 CLC (HCD)
....e case by filing a joint written objection denying the material allegations made in the application contending, inter alia, that the application for pre-emption is barred by limitation and barred for defect of parties; that the deed under pre-emption is not a sale deed but an exchange deed dated 27-....... Md. Aminul Haq Helal, Advocate — For Opposite Party No. 1. Civil Revision No. 4386 of 2002. Judgment SM Ziaul Karim J.- This Rule was issued, calling upon the opposite party No. 1 to show cause as to why the judgment and order dated 17-6-2002 passed by the learned Dis..Category: Property Law | Date: | Hits: 23
Abdur Rashid Miah and another Vs. Md. Zami Shah Newaz and others, 2007, 36 CLC (HCD)
....h above modification that the contentious signatures or writings are to be examined with admitted signatures. Ed. This Case is also Reported in: 59 DLR (2007) 625; 13 MLR (HCD) (2008) 317. ...... and also created 4 deeds of sale preceded by antedated and collusive agreement. Hence the suit. 4. None of the defendant Nos. 1 to 6 in the original plaint appeared in the suit, but opposite party Nos. 1 to 6 who subsequently added as defendant Nos. 7 to 12 contested the suit by filing a ..Category: Property Law | Date: | Hits: 32
Mofidul Haque (Md) Vs. Bangladesh, 2006, 35 CLC (HCD)
...., there is no merit in this appeal. The appeal must fail. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 588. ......eliance. It has been clearly expounded that Article 6 of the Paris Convention could be made applicable in the matter of protection of industrial property on two prime considerations. One is, that the party claiming protection under article 6 of the Paris Convention must prove that they have used t..Category: Intellectual Property Law | Date: | Hits: 198
A Wadud Member and another Vs. State, 2006, 35 CLC (HCD)
....We find no substance in the Rule, In the result, the Rule is discharged. The order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 59 DLR (2007) 586. ......We find no substance in the Rule, In the result, the Rule is discharged. The order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 59 DLR (2007) 586. ..Category: Criminal Law | Date: | Hits: 29
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