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Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)
..... 44. In the result, the appeal is dismissed. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 323. ......e the written statement was sought to be amended after long lapse of time. The Court held as; 'Amendment of a plaint and amendment of a written statement are not governed by exactly the same principle. The defendant would not be allowed to introduce an alternative and completely different k......which entered into on 15-6-93, would be no necessity to give Bank Guarantee for the due payment of balance consideration of Taka 90,00,000. So, encashment of Bank Draft No.01.7229393 dated 9-6-93 for amount of US Dollars 2 lakh has no sort of connection with the present deed of agreement for sale. M..Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13
Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
....squo;s entirety, but so far as the same relates to the Petitioner only. There will, however, be no order as to costs. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ...... narrated above. He went on to submit that the charge hearing Court is bound to ensure the presence of accused and to allow him to place his case at the time of the charge hearing. He argued that the principle he relies on is so immutable that slightest departure from that dogma is bound to plunge a...... price whereby the country has been spared of a huge sum in foreign currency. The price actually paid, stated Mr. Taposh, was US Dollars 115 million as opposed to US Dollars 283 millions, and thus an amount of US $ 168 million were saved for the country. Mr. Taposh also took us through documents ann..Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228
Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....ption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......is similar to that which was exercised by the Chancellor in the Court of Equity, which connotes that the Court can travel beyond the strict terms of the Rule, where such a move is necessitated by the principle of equity fairness and justice. In support of his submission Mr. Huq cited the case of Sta...... even at an initial stage may be justified where facts are so preposterous that even on the admitted facts no case can stand against the accused and that further prolongation of the prosecution would amount to harassment to an innocent party band abuse of the process of the Court. The Appellate Divi..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102
Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....uption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......is similar to that which was exercised by the Chancellor in the Court of Equity, which connotes that the Court can travel beyond the strict terms of the Rule, where such a move is necessitated by the principle of equity fairness and justice. In support of his submission Mr. Huq cited the case of Sta...... even at an initial stage may be justified where facts are so preposterous that even on the admitted facts no case can stand against the accused and that further prolongation of the prosecution would amount to harassment to an innocent party and abuse of the process of the Court. The Appellate Divis..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131
Dr. Md. Nazimuddin and others Vs. Md. Abdur Rahman Siddique and others, 2010, 39 CLC (HCD)
....ower Court's record at once. Let a copy of the judgment be transmitted to the Courts concerned at their respective station. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 305. ......y suit or execute any decree arising out of normal civil suit. So far the question of jurisdiction of the Bankruptcy Court is concerned the section 38 of the Code of Civil Procedure is the guiding principle. This section 38 provides that the Court decreeing the suit is the Court for executing th......ourt of learned Subordinate Judge, Naogaon against the opposite parties and that suit was decreed for realisation of Tk.2,30,000/- along with an interest at the rate of Tk.15% upon the principle amount by the judgment and decree dated 5.11.1990. The opposite parties of the rule being defendant..Category: Civil Law | Date: 25 Feb, 2010 | Hits: 7
....he order of stay granted at the
time of issuance of the rule is hereby vacated.
Send down the L.C. Records
immediately.
Ed.
This Case is also Reported in: 30 BLD (HCD)
(2010) 424.
...... exhibit-13 in place of plot No.138,
but no finding about possession of the plaintiffs in the suit land and their
dispossession by the defendants as alleged has been given.
11. The established principle of law is
that, in a suit for declaration of title and recovery of possession, the plaint......he order of stay granted at the
time of issuance of the rule is hereby vacated.
Send down the L.C. Records
immediately.
Ed.
This Case is also Reported in: 30 BLD (HCD)
(2010) 424.
..
Category: Property Law | Date: 6 Jan, 2010 | Hits: 8
Nuvista Pharma Limited Vs. Chairman, National Board of Revenue & ors, 2010, 39 CLC (AD)
....der. In the premises we do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 302. ......der. In the premises we do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 302. ...... dated 27-10-2010 passed by a Division Bench of the High Court Division in Writ Petition No.4968 of 2007 discharging the Rule with a direction to the petitioner to make full payment of the claimed amount within two weeks from the date of receipt of the judgment and order failing which the Bank G..Category: Business or Commercial Law | Date: 4 Jan, 2010 | Hits: 4
Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)
....he result, the appeal is dismissed with costs. The connected Rule is discharged. Send down the lower Court records at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 679. ......R 1967 SC 1044 it was observed: "The question is, can such a person represent the idol when the Shebait acts adversely to its interest and fails to take action to safeguard its interest. On principle we do not see any jurisdiction for denying such a right to the worshipper. An idol is in t......need submit to a majority, for it could always form a separate autonomous group, the only test being; it is a distinctive group large enough to function as such. Between two groups there could be any amount of variation of race, religion, colour, culture and intellectual development." 20. ..Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94
Md. Saiful Islam and others Vs. State and another, 2009, 38 CLC (HCD)
.... 2000 pending in the Nari-O-Shishu Nirjatan Daman Tribunal, Sirajgonj is hereby quashed. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 420. ...... that the facts of that case referred to above are quite distinguishable with that of this present case as such the decision referred to above is not applicable in this present case. It is settled principle of law that a naraji petition is treated as a fresh complaint. In the instant case, we fi...... 2000 pending in the Nari-O-Shishu Nirjatan Daman Tribunal, Sirajgonj is hereby quashed. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 420. ..Category: Women and Children | Date: 8 Dec, 2009 | Hits: 14
Rezaul Kabir (Md.) and another Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....ave been passed without any lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 19 ......s........................Respondents Judgment November 22, 2009. Result: The Rules are made absolute. Prior Show Cause Notice With Adequate Explanation It is fundamental principle of administrative law that before any order is passed which is likely to adversely af......ave been passed without any lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 19 ..Category: Administrative Law, Employment/Service Law | Date: 22 Nov, 2009 | Hits: 3
Md. Jubayer Vs. State and others, 2009, 38 CLC (HCD)
....der be sent to the Court concerned at once for information. Afzal Hossain Ahmed, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 343; 15 MLR (HCD) (2010) 424 . ......der be sent to the Court concerned at once for information. Afzal Hossain Ahmed, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 343; 15 MLR (HCD) (2010) 424 . ...... of "Nipun Embroidery" who did some work as per work order issued by the accused and accordingly, the accused issued a cheque on 29.03.2007 in favour of the complainants for the bill of the work done amounting to Tk. 1,60,000/- (one lac and sixty thousand). The complainants presented the cheque to..Category: Criminal Law | Date: 9 Nov, 2009 | Hits: 128
Md. Rezaul Kabir Vs. State and another, 2009, 38 CLC (HCD)
....py of this judgment and order be sent to the Special Judge and Sessions Judge, Mymensingh for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 482. ......py of this judgment and order be sent to the Special Judge and Sessions Judge, Mymensingh for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 482. ...... along with his companion forces recovered from the possession of one Md. Rezaul Kabir, Upazila Nirbahi Officer, Bhaluka, Mymensingh an envelope of Khaki colour containing 99 pieces of 500 Taka notes amounting to Tk. 49,500/-, each note bearing "M" mark within a round circle mark. While th..Category: Anti-Corruption Laws | Date: 11 Oct, 2009 | Hits: 10
Abdul Latif alias Kahinur alias Kahin and other Vs. State, 2009, 38 CLC (HCD)
....ection with any other case. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 245. ......itnesses who did not see the alleged occurrence and some of the vital witness like P.W.2, 4, 6, 7 and 11 were declared hostile by the prosecution. The learned Advocates point out that it is a general principle that the solitary evidence of the prosecutrix is not accepted as sufficient and required c......ection with any other case. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 245. ..Category: Women and Children | Date: 6 Oct, 2009 | Hits: 116
State Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others, 2009, 38 CLC (HCD)
.... judgment is circulated to all Judicial Officers in the service of the Republic. Md. Fazlur Rahman J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 369; 15 MLR (HCD)(2010) 59. ......ear status of the Convention in the domestic legal framework and the insufficient steps taken to bring existing legislation into full conformity with the Convention, including in light of the general principles of non-discrimination (art.2), the best interests of the child (art.3), the right to life...... judgment is circulated to all Judicial Officers in the service of the Republic. Md. Fazlur Rahman J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 369; 15 MLR (HCD)(2010) 59. ..Category: Women and Children | Date: 3 Sep, 2009 | Hits: 198
Sheikh Mashuk Rahman Vs. State and another, 2009, 38 CLC (HCD)
....ult the Rule is discharged. The order of stay granted earlier by this court is hereby vacated. Communicate the order. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 28. ......Hence, this fact cannot be decided by this court exercising jurisdiction under section 561A of the Code of Criminal Procedure and this is to be decided by the trial Court upon receiving evidence. The principle of law in this respect has been set at rest by the Appellate Division in the case cited ab...... the same to be encashed within the time limit; that during transactions, on request of the accused and as per his demand, the complainant company delivered to the accused computer accessories for an amount of Taka 30,04,225; that as per the terms and conditions of the said agreement dated 12-5-05 i..Category: Banking Law | Date: 16 Aug, 2009 | Hits: 190
Shafiullah Chowdhury and others Vs. State, 2009, 38 CLC (HCD)
.... the Rule is hereby vacated. Communicate copy of this judgment to the concerned Court where the case is pending. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 490. ...... the Rule is hereby vacated. Communicate copy of this judgment to the concerned Court where the case is pending. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 490. ...... of initial intention to deceive the informant constituting an offence punishable under section 420 of the Penal Code inasmuch as after the contract for sale on 9.11.2007 the informant paid further amount as earnest money and that an irrevocable power of attorney was executed and registered on 25..Category: Procedural Law | Date: 12 Aug, 2009 | Hits: 8
Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)
....d. Since the appellant is on bail, let him be released from the bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 107. ...... support of their oral evidence, The prosecution witnesses produced their calculations made by themselves which is not a better evidence than the oral evidence. It is now well settled that a cardinal principle of law of evidence is that the evidence must always be direct and hearsay evidence must be......ion Act, 1947. The trial Court, without considering any of the materials on record, framed charge under sections 26 (2) and 27 (1) of the said Act read with Rules 15 Gha (5) of Emergency Rules for an amount of Taka 3,27,88,465 without specifying the time limit and giving any break-up for which the a..Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286
.... order of stay granted earlier by this Court stands vacated.
Office is directed to send down the record of the case at once.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 73.
...... order of stay granted earlier by this Court stands vacated.
Office is directed to send down the record of the case at once.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 73.
......to plaintiff and since Sravan 1402 B.S. he is paying rent to House Rent Controller. He adds that terms and conditions of solenama of earlier suit has no legal effect, in the instant suit keeping huge amount of advance money with the landlord plaintiff. The court below without considering the facts a..
Category: Tenancy Law | Date: 5 Jul, 2009 | Hits: 154
Most. Abu Tara Vs. Md. Abdur Rahim Khan and others, 2009, 38 CLC (HCD)
.... rule is discharged without any order as to costs. Lower Courts records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 449. ......ntainable in the present form and manner and that the opposite party No.1 has no locus standi to institute the suit. That there is no cause of action to institute the suit. That the suit is barred by principles of estoppel, waiver and acquiescence and that the suit is hit by the provisions of the Sp......t. That in the deed of agreement (Bainanama) the petitioner undertake to execute and register a sale deed in favour of the opposite party No.1 in respect of the suit lands after receiving the balance amount of Tk. 3,00,000/=. That it was agreed that in case of failure to execute the sale deed by the..Category: Evidence Law | Date: 25 Jun, 2009 | Hits: 42
Agrani Bank Vs. Md. Abdul Khaleque & another, 2009, 38 CLC (HCD)
....e interest was not communicated to the defendant. The defendant is entitled to get the benefit of deposited money he already given and thus the defendant prayed for depositing the unpaid amount in 12 installments. 4. The trial Court framed 3(three) issues which are as follows:- 1. Whether ......dismissed, the judgment and the decree of the trial court is hereby set aside. Send down the L.C. record immediately. Md. Abu Tariq J.- I agree. Ed. This Case is also Reported in:...... observing the formalities has drawn the loan of Tk.25,000/- from the plaintiff Bank. The defendant No.1 failed to repay the loan within the stipulated instalment and up to 22.12.91 has paid a little amount of Tk.2415/- and upto 31.12.92 the plaintiff-Bank became entitled to get Tk.14,4,930/- from t..Category: Banking Law | Date: 23 Jun, 2009 | Hits: 153
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