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Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)
....enior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No.1. Not Represented-For Respondent Nos.2-9. Civil Appeal No.203 of 2004. (From the judgment and order dated 16.3.2003 passed by the High Court Division in First Appeal No.507 of 1999.) Judgment Su...... it is the duty of the Supreme Court to interfere. The Supreme Court then observed "It has been always recognised that sufficiency or adequacy of evidence to support a finding of fact is a matter for decision of the Court of facts and cannot be agitated in a second appeal". 16. We are not unmindf..Category: Procedural Law | Date: | Hits: 76
.....S. Sarker, Deputy Attorney General-For the respondents.
First Appeal No.105 of 2001.
Judgment
Sharif Uddin Chaklader J. - This appeal by the plaintiffs directed against judgment and decree dated 22.11.2000 passed by the learned Subordinate Judge, 2nd Court, Noakhali dismissing Title Suit ...... has been enlisted and vested in the government already been deed naturally, as such, learned Judge committed illegality in holding the suit property as enemy property. Learned Advocate relied on the decisions of Saju Hossain and others Vs. Bangladesh and anther, 58 DLR (AD) 177, the case of Aroti R..
Category: Property Law | Date: | Hits: 66
State Vs. Kazol, 2011, 40 CLC (HCD)
....mation for person absconding in due compliance with Section 87 of the Code. It is noted further that all the other accused persons were arrested on the same night, i.e., on 30.4.2004, a day after the date of occurrence. In these circumstances the very least that was expected of the Condemned Prisone...... the Druto Bichar Tribunal-2, Dhaka immediately. Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 106
Oriental Bank Ltd. Vs. Federal Insurance Company Ltd., 2010, 39 CLC (HCD)
....ny Limited, a publicly listed company. 2. The facts of this case as ascertained from the material on record is that one Haroon Ferdousi (“the borrower”), Proprietor, Marshal Homes by a letter dated 9.9.2002 requested the Petitioner Bank for a cash credit facility of Taka 6(six) Crore. The Pe......ions and extensions granted without prior consent or indeed knowledge of the Respondent No.1 by invoking the notion of strict liability as attaches to sureties. In this regard, he has referred to the decision in M/s. M.M. Ispahani Ltd. Vs. Sonali Bank & Ors. reported in 1984 BLD (AD) 242. Relyin..Category: Company Law | Date: | Hits: 203
Mahmud Ibne Abbas Vs. Begum Momtaz Hossain and another, 1991, 20 CLC (HCD)
....n, Advocate ‑ For the Petitioner. Rakib Ahmed, Advocate ‑ For the Opposite Parties. Civil Revision No.720 of 1990. Judgment Badrul Islam Chowdhury J.- This Rule arises out of an order dated 28.3.90 passed by the Assistant Judge, First Additional Court Dhaka in Title Suit No.93 of 199......ant nor unnecessary. Rather it appears that it is necessary to avoid future complication. In the result, I find that the learned Assistant Judge committed an error in law resulting an error in the decision causing failure of justice by refusing the prayer for local inspection. Therefore, the Rule..Category: Property Law | Date: | Hits: 80
....ey General ‑ For the Petitioner.
MG Bhuiyan with Abdur Rashid Gazi, Advocates ‑ For Respondents.
Writ Petition No.1521 of 1991.
Judgment
AKM Sadeque J.- There are two applications one dated 4.7.92 and the other dated 21.7.92 for disposal. The application dated 4.7.92 is for passing a...... be amended by substituting the names of the representatives of the deceased, even when the suit is instituted bona fide and in ignorance of the death of the defendant."
5. In view of the above decisions and also the patent position of law the substitution of the deceased respondent No.2 made..
Category: Alternative Dispute Resolution | Date: | Hits: 213
....doned properties published on September, 23, 1986 in Bangladesh Gazette, Extraordinary at page No.9762(1) against serial No.57 under caption: "Name of the areas Gulshan, Dhaka" and Judgment and order dated 26.4.1989 (Annexure‑H) passed by the Court of Settlement in Case Nos. 564 and 575 of 1987 (K......l, after such enquiry as it may deem necessary any after giving reasonable opportunity to the parties concerned of being heard and also adducing evidence, both oral and documentary, if any, make such decision on the prayer of the applicant as it deems fit". (Our emphasis).
13. No reasonable oppor..
Category: Property Law | Date: | Hits: 86
Bangladesh Atomic Energy Commission Vs. Md. Al-Amin Sarker and others, 2011, 40 CLC (AD)
....d by A.K.M. Shahidul Haque, Advocate-on-Record-For respondent Nos. 1-3. Not represented-Respondent Nos. 4-6. Civil Petition for Leave to Appeal No. 2175 of 2010. (From the judgment and order dated 10.06.2010 passed by the High Court Division in Writ Petition No. 6308 of 2009.) Order N......as been directed against the judgment and order dated 10.06.2010 passed by a Division Bench of the High Court Division in Writ Petition No.6308 of 2009 making the rule absolute declaring the impugned decision No.2 of the 12th meeting of Bangladesh Atomic Energy Commission held on 27.8.2009 contained..Category: Employment/Service Law | Date: | Hits: 81
Trade Channel Vs. Collector of Customs, Customs House Chittagong and others, 1990, 19 CLC (HCD)
....d by petitioner) should not be declared to be illegal, without lawful authority and of no legal effect and the respondents should not be directed to release the goods covered by the letters of credit dated 11. 10.89 and 4.2.90 as far as it relates to part shipment weighing 736.616 metric tons of mel......igned goods are meltable scrap (steel) and rerollable, scrap (steel) which are not perishable in nature, Mr. Nurul Islam Chowdhury, learned Advocate for the petitioner referred to paragraph 22 of the decision in the case of A. Hannan 40 DLR 273 and MA. Hal and others Vs. Trading Corporation of Bangl..Category: Fiscal/Taxation Law | Date: | Hits: 131
Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)
....l Revision No.120 of 1992. Judgment Anwarul Haque Chowdhury J. -This is an application under section 439 read with section 435 of the Code of Criminal Procedure and is directed against an order dated 11.1.92 passed by the learned Divisional Special Judge, Dhaka, in Special Case No.7 of 1991 re......f the same acquires and presumed to have prim facie title to the same and the Jatiya Party would not automatically, merely by claiming, have a fide a the court after consideration of the various case decisions referred to before the Court came to a finding that a criminal proceeding cannot be postpo..Category: Criminal Law | Date: | Hits: 125
Mohibur Rahman Vs. Kuti Miah and State, 1991, 20 CLC (HCD)
.... Syed JR Modassir Hossain Advocate‑For the Opposite Parties. Criminal Revision Case No.416 of 1989. Judgment Habibur Rahman Khan J.- This Rule is directed against the judgment and order dated 11.11.89 passed by the Sessions Judge, Habiganj in Criminal Motion No.65/III/89 under sections......h the order of the learned Magistrate on re‑assessing the evidence himself suffers from legal infirmities. In support of his contention the learned Advocate for the petitioner has cited a number of decisions, viz, the case of Abdus Salam Master and another Vs. The State reported in 35 DLR 140, the..Category: Criminal Law | Date: | Hits: 89
Muhammadullah and others Vs. Makbul Ahmed and State, 1991, 20 CLC (HCD)
.... Persons did not comply with the direction of the Umpire‑ the Umpire referred the matter to the learned Subordinate Judge, 3rd Court, Dhaka in Arbitration Case No.710 of 1985 and the Court by order dated 31.8.86 made the decision of the umpire as the rule of the Court and directed the accused pers...... with the direction of the Umpire‑ the Umpire referred the matter to the learned Subordinate Judge, 3rd Court, Dhaka in Arbitration Case No.710 of 1985 and the Court by order dated 31.8.86 made the decision of the umpire as the rule of the Court and directed the accused persons to deliver the shar..Category: Criminal Law | Date: | Hits: 89
Alesuddin Mondal Vs. Md. Toyezuddin Dewan, 1991, 20 CLC (HCD)
.... Civil Revision No.100 of 1988 (Dhaka) Civil Revision No.252 of 1985 (Rangpur) Judgment Syed Fazle Ahmed J.- This Rule calls in question the legality and propriety of the judgment and order dated 29.4.85 passed by the learned Subordinate Judge, Joypurhat, in Misc. Appeal No.9 of 1984 affir......must fail. The learned Advocate continues to urge that this aspect of the matter escaped the notice of the 1st appellate Court and thereby the Court committed error in law which resulted in erroneous decision occasioning failure of justice. 9. In reply to this contention, Mr. Mansur Habib, the le..Category: Property Law | Date: | Hits: 81
Ayub Ali Mohaldar Vs. Md. Shahjahan and others, 1990, 19 CLC (HCD)
....iving rise to the Rule for contempt is that decree holder opposite party contemner No.4 filed Title Execution Case No.1 of 1988 in the Court of the Assistant Judge praying for execution of the decree dated 30.8.87 passed in the said Case No.1 of 1987‑88 by a Village Court ordering to evict the pet......e Rule is made absoluteas against opposite-party contemner No.1 and discharged as against the order opposite-party contemner Nos.2-4. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 101. ..Category: Criminal Law | Date: | Hits: 84
....se of the learned Subordinate Judge, Munshiganj, passed in Title Suit No.71 of 1981 are restored.
There will be no order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 98.......th the plaintiffs and the defendants 1 and 2 and without setting aside the findings of the learned trial Court as to the alleged contract the learned District Judge was not justified in reversing the decision of the learned trial Court and in doing so, the learned District Judge committed an error o..
Category: Procedural Law | Date: | Hits: 59
Naresh Lal Saha and other Vs. Bhupati Mohan Roy and others, 1990, 19 CLC (HCD)
....site Parties. Civil Revision Nos. 2‑26 of 1986. Judgment Qazi Shafiuddin J.- This rule was issued calling upon the Opposite Party Nos.1 and 2 to show cause why the order being Order No.17 dated 5.3.86 passed by the District Judge, Dhaka, in Misc. Case No.53 of 1985, should not be set asi...... the prayer for framing issues on law alone and thereby could facilitate the disposal of the suit by disposal of the law point only. In support of his contention Mr. Rahman has placed reliance on the decision in the case of Fazlur Rahman Vs. Rajab Ali, reported in 30 DLR (SC) 30. In the aforesaid de..Category: Procedural Law | Date: | Hits: 62
....ocates‑‑For the Opposite Parties.
Civil Revision No.562 of 1988.
Judgment
Abdul Hasib J.- This Rule was issued calling upon the opposite parties to show cause why the judgment and decree dated 24.2.88 and 28.3.88 respectively, passed by Subordinate Judge and Commercial Court No.1, Dhaka...... appellate Court is not a proper judgment of reversal as the lower appellate Court has not given reason for reversal of the findings reached by trial Court and in this connection he has referred to a decision in the case of Mst. Bibi Saleha Vs. Antu Ram and another, reported in AIR 1918 Patna at pag..
Category: Property Law | Date: | Hits: 72
Akhtar Hossain alias, Babul Akhtar alias, Akhtar Ali and another Vs. The State, 1991, 20 CLC (HCD)
....13.2.90 to this Hon'ble Court for confirmation of death sentence passed against the accused No.1 Md. Akhter Hossain alias Babul Akhtar alias Akhtar Ali and No.2 Md. Amir Ali by his judgment and order dated 13.2.90 under Chuadanga Sessions Case No.42 of 1988 convicting them under sections 302/34 of t......ars to have based his order of conviction and sentence on the confessions of the two condemned prisoners. From his judgment it appears that he was not unaware of the principle of law laid down in the decision of the superior Courts as we find that he has relied upon the case of 1983 BLD 206 wherein ..Category: Criminal Law | Date: | Hits: 110
....Branch, Comilla calling upon them to show cause why the Certificate filed in Certificate Case No. 318/86‑87, notice issued under section 10A of the Public Demands Recovery Act of 1913 and the order dated 11.2.88 passed thereunder should not be declared to have been issued or made without lawful au......communicated to the petitioner on 30.11.82. But by this time, the sea of potatoes selling was almost over and fresh vegetable of all kinds were available in market in plenty. Consequently the belated decision of the Bank was of no avail and the petitioner suffered colossal loss. For this huge loss B..
Category: Civil Law | Date: | Hits: 99
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
...., instructed by Mrs. Mahmuda Begum, Advocate-On-Record-For the Respondent No.3. None Represented- For the Respondent No.4. Civil Review Petition No. 32 of 2011. (From the judgment and order dated 09.02.2011 passed by this Court in Civil Petition for Leave to Appeal No.10 of 2011) Judgme......Ministry of Finance and others Vs. Mr. Md. Masdar Hossain and others reported in 21 BLD (AD) 126 this Division observed that- “a review is by no means an appeal in disguise whereby an erroneous decision is re-heard and corrected. A review lies where an error apparent on the face of the record ..Category: Civil Law | Date: | Hits: 238
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