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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. ......lling under section 379 of the Penal Code where the value of the property, not being cattle, does not exceed Tk. 5000/‑, now from Rule 3(2) (1) of the Village Courts Rules, 1976 it appears that the application shows the particulars specified under sub‑rule (2) Clause (c) of sub‑rule (2) of Rul..Category: Criminal Law | Date: | Hits: 73
Repco Laboratories Ltd. Vs. Nuruddin Ahmed and others, 1989, 18 CLC (HCD)
.... binding on them stating, inter alia, that the suit plot Nos. 2205, 2206, 2207, 2211, 2215 and 2216 and some other lands were auction purchased by the Government in revenue sale and Lilabati Das took fresh settlement front the Government on 30.10.59 and had been in possession thereof. The plaintiffs...... District Judge, Barisal in Miscellaneous Appeal No. 43 of 1987 affirming the order dated 9.6.87 passed by the learned Subordinate Judge, 1st Court, Barisal in Title Suit No. 293 of 1981 rejecting an application under Order 39 rule 4 and section 151 of the Code of Civil Procedure. 2. The petition..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. ......entered into a contract on 12.10.59 to purchase the disputed property at a consideration of Tk. 600/‑ with Mr. Khiti Bushan Datta, the alleged agent of the defendant bank, although by submitting an application (Ext. 1) dated 13.10.59 admitted that no consideration money was fixed till then, the co..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....... Abdur Rahim, Advocate ‑ For the Petitioners. Nizamuddin Haider, Advocate ‑ For the Opposite Parties. Civil Revision No. 231 of 1985. Judgment Habibur Rahman Khan J. -This revisional application under section 115 of the Code of Civil Procedure at the instance of the defendant Petiti..Category: Property Law | Date: | Hits: 66
Sheikh Mohd. Salimullah Vs. Shafiqul Alam, 1990, 19 CLC (HCD)
....this Court in two Revisional applications which were dismissed for non‑prosecution. After that during the pendency of these two revisional applications the petitioner has not moved the Trial Court afresh and prayed for stay of all further proceedings. The petitioner now filed these two application......h with Waliur Reza Chowdhury, Advocates ‑ For the Opposite Party. Civil Revision No. 538 of 1990 with Civil Revision No. 539 of 1990. Judgment Mahmudul Amin Chowdhury J.- These two applications are taken up together for hearing as they relate to the same matter. 2. The petition..Category: Property Law | Date: | Hits: 66
Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)
....to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 93, 31 BLD (AD) (2011) 78, 8 LG (AD) (2011) 145, 16 MLR (AD)(2011) 205. ....... 3. The High Court Division upon hearing the parties by the impugned judgment dated 22nd July, 2008 disposed of the rule on the following terms: "As such, the petitioner is directed to file an application before the concerned Adalat for depositing the decretal amount with interest within 15 d..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.......10.87 she availed forty days recreation leave and went outside Bangladesh. On her way back to join her duties on 21.1.88, unfortunately she suffered from cerebral stroke on 18.1.88 in Karachi. On her application, respondent No.1 allowed her 115 days of leave with full pay which was again extended gr..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. ......ants including the petitioner. At the hearing of the suit one of the plaintiff namely, Khogendra Kumar Shil was examined‑in‑chief but unfortunately he died before he could be cross‑examined. An application was thereupon filed from the side of the petitioner for an order to have his deposition ..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. ......emullah, Advocates- For the Petitioner. Mashuque Hossain Ahmed, Assistant Attorney General ‑ For the Respondents. Writ Petition No.101 of 1990. Judgment Mohammad Gholam Rabbani J.- This application under Article 102 of the Constitution is directed against the judgment and order dated 7..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. ......r Union Parishad Chairman Learned Magistrate granting bail on 19.12.84. Thereafter on 17.3.85 after hearing the prosecution and defence and considering the materials on record as well as petitioner's application to discharge him from the case Court below rejected the prayer of the accused and framed..Category: Criminal Law | Date: | Hits: 132
.... appears that the Management of the Board of the Mill did not accept the recommendation of the enquiry officer to issue work order in favour of M/s Trading International Ltd. But resolved to call for fresh tender opening it to all the 5 tenderers which had participated in the previous tender which i......or the Respondent No.1.
Dr. Kamal Hossain with AF Hasan Arif and MA Zahed, Advocates ‑ For the Respondent No.6.
Writ Petition No. 3490 of 1992.
Judgment
Anwarul Hoque Choudhury J.- This application under Article 102 of the Constitution of the People's Republic of Bangladesh is directed..
Category: Others | Date: | Hits: 128
Nurul Absar Chowdhury and others Vs. Haji Abdul Hoque Sowdagar, 1990, 19 CLC (HCD)
....rned Advocate for the petitioners. Therefore, I do not find any substance in the Rule. The Rule is discharged. But no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 112. ......of 1987. Judgment AM Mahmudur Rahman J. - By this Rule the opposite parties were directed to show cause as to why the impugned order passed by the Trial Court on September 16, 1986 rejecting an application for adding the petitioners as added defendants in SCC Suit No. 1 of 1986 pending in the ..Category: Property Law | Date: | Hits: 67
Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)
....he Bombay City. As usual dispute arose and an interview took place, at the Mount Everest Hotel, at Madras, between the representatives of the parties and an agreement was reached that in all events a fresh agreement would supersede the original agreement. The applicant filed the suit in a court in B......tion Agreement under which the appellant takes upon itself the responsibility to taking necessary step for withdrawal of all pending suits. Thus, the decision in the case of Ziauddin has no manner of application to the facts of the case. 6. He also argued that the Court without any evidence befor..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. ......ing found a prima facie case submitted charge‑sheet against the accused persons excluding these 3 accused appellants. The complainant being, aggrieved by that filed a Naraji petition and upon, such application a judicial inquiry was held by the Magistrate and thereupon a prima-facie case was found..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: ...... of a judgment debtor in a money decree, was issued calling in question order dated 5.4.2010 passed by Artha Rin Adalat No.3, Dhaka in Artha Execution Case No.131 of 2009 rejecting the petitioner’s application filed under Order XXI rule 83 of the Code of Civil Procedure for permission to sell an a..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: ......ancelling the tender proceeding on the ground of limitation Annexure-C to the petition asking the petitioner to take back the earnest money at his convenient time. Thereafter, the petitioner filed an application to review the impugned order of cancellation Annexure-C to the petition praying for work..Category: Others | Date: | Hits: 133
Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)
....the Waqf Ordinance is without jurisdiction and has, therefore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70.......e Waqf deed the Waqif remained the mutwalli during his life time and the petitioner became the first mutwalli after his death Two of Waqif s relations, namely Md. Ejaj and Md. Anwar Hossain, filed an application to the Minister Religious Affairs, on 23.7.90 for removing the petitioner from the offic..Category: Trust/Waqf Law | Date: | Hits: 157
Ajiran Nessa Bewa and others Vs. Md. Abdul Mannan, 1992, 21 CLC (HCD)
.... sense is thus not contemplated in the Code. When there is violation of a prohibitory decree there remains as such no decree to be enforced in the said sense of execution. In fact, the violation is a fresh cause of action and the remedy lies in a separate suit. 15. Furthermore heading of Part 11 ......‑rule (3) states that where attachment under sub‑rule (1) or (2) has remained in force for one year and if the judgment‑debtor has not obeyed the decree the attached property may be sold on the application of the decree‑holder and out of the proceeds the Court may award compensation to the d..Category: Procedural Law | Date: | Hits: 95
Bashir Ali and others Vs. State, 1992, 21 CLC (HCD)
....tions 302/34 of the Penal Code and they are acquitted thereof. They be set at liberty immediately, if not wanted in any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 63. ......formation, whether it amounts to a confession or not, as relates distinctly to the fact thereby discovered, may be proved.” 13. It is now settled principles that the conditions necessary for the application of section 27 are, firstly, that portion of the information which relates distinctly to ..Category: Criminal Law | Date: | Hits: 62
Abu Bakkar and and another Vs. Md. Akbar Ali Biswas and others, 1991, 20 CLC (HCD)
.... any error of law occasioning failure of justice in passing the impugned order. In the result, this application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 62. ......Parties Judgment August 18, 1991. Lawyers Involved: Kazi Sayedur Rahman, Advocate – For the Petitioners Civil Order No. 2771 of 1991. Judgment Md. Mozammel Haque J.- This is an application under section 115 of the Code of Civil Procedure challenging the order dated 19.8.90. Th..Category: Procedural Law | Date: | Hits: 77
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