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Arshed Ali Sikder (Md.) Vs. Gouranga Chandra Shil and others, 2005, 34 CLC (HCD)
.... stands vacated. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 57 DLR (2005) 635. ......e validity of the Court proceeding. The Court may at any stage of the suit reject any document which it considers irrelevant or inadmissible after recording the grounds. It is now a settled principle of law that unless objection as to admissibility of a document was taken at the earlier op...... stands vacated. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 57 DLR (2005) 635. ..Category: Property Law | Date: 10 Jan, 2005 | Hits: 2
Afzal Molla (Md.) Vs. Government of Bangladesh & others, 2005, 34 CLC (HCD)
....e and the same is liable to be discharged. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 586. ......s not to be understood to have laid down any law that Article 181 of the Limitation Act, 1908 governs an application under section 115 of the Civil Procedure Code. It merely laid down emphasis on the principle that the High Courts power to revise an order suo motu is not restricted by any time limit......e and the same is liable to be discharged. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 586. ..Category: Limitation Law | Date: 10 Jan, 2005 | Hits: 6
Abdur Rahman Sikder (Md.) Vs. Nur Mohammad Khan and others, 2005, 34 CLC (HCD)
....pplication for vacating the stay order is disposed of. Transmit a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 57 DLR (2005) 239. ......the same parties and had passed any decree or order regulating possession of the parties prior to the initiation of the proceeding under section 145 CrPC. There is hardly any dispute that the guiding principle on the legal question involved in this case had already been decided by the Apex Court in ......t for determination of title and possession. But when the parties already took shelter in the civil Court long before and dispute was pending in appeal the order of the Magistrate was malafide and it amounts to abuse of the process of the Court and, as such, the learned Sessions Judge has decided th..Category: Criminal Law | Date: 10 Jan, 2005 | Hits: 4
Badar Biswas & others Vs. State, 2005, 34 CLC (HCD)
....imited order of stay for 3 (three) months granted at the time of issuance of the Rule stood vacated for the lapse of time Ed. This Case is also Reported in: 57 DLR (2005) 770. ......utor and on the consent of the Court the withdrawal is made and the consent of the Court is a judicial function and Court must exercise its function judicially". 10. On consideration of the principle decided in the aforesaid cases the trial Court has come to a finding that: “ম......imited order of stay for 3 (three) months granted at the time of issuance of the Rule stood vacated for the lapse of time Ed. This Case is also Reported in: 57 DLR (2005) 770. ..Category: Criminal Law | Date: 9 Jan, 2005 | Hits: 37
Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)
....est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ......est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ....... In the background of the discussions made hereinabove the appeal is dismissed with the modification of the judgment of the High Court Division judgment to the extent that plaintiffs shall pay an amount of Taka 2, 00,000, to the defendant No. 2 besides the earnest money of Taka 15,000 paid to t..Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147
Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)
....the Rules are discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 546. ......e Code declares "every expression which is explained in any part of this Code, is used in every part of this Code in conformity with the explanation". This is in accordance with the general principle of construction of statutes that a term which occurs more than once in the same Act, must ...... facts constitute illegal connivance and also to facilitate World Tel Holding Ltd. with the said job of installing 3 lacs digital telephones by which the Government has been in financial loss of huge amount and this act of these accuseds constituted offence under section 418/109 of the Penal Code an..Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1
Mahadeb Chandra Mondal and other Vs. Dulal Chandra Mondal and other, 2005, 34 CLC (AD)
.... Accordingly, the appeal is allowed without any order as to costs and Title Suit No. 174 of 1975 of the Court of Munsif, Second Court, dismissed without any order as to costs. Ed. ......ugh to concede that if the transaction is construed to be a mortgage for 4 years only and not 7 years as mentioned in section 95A then he has no case because in that case it will be governed by the principle of transaction past and closed as laid down in 32 DLR case." 11. In view of...... Accordingly, the appeal is allowed without any order as to costs and Title Suit No. 174 of 1975 of the Court of Munsif, Second Court, dismissed without any order as to costs. Ed. ..Category: Property Law | Date: 4 Jan, 2005 | Hits: 137
Altaf Hossain Golondas Vs. Bangladesh and others, 2004, 33 DLR (HCD)
....lver is declared to have been issued without any lawful authority and to be of no legal effect. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 323. ...... was not served with a notice before cancellation of licence by the impugned general notification nor he had been given any opportunity of being heard and consequently there has been violation of the principle of natural justice. A person or a citizen being possessed of any firearms under licen......lver is declared to have been issued without any lawful authority and to be of no legal effect. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 323. ..Category: Arms Law | Date: 14 Dec, 2004 | Hits: 9
Fokrul Alam Chowdhury Vs. State & another, 2004, 33 CLC (HCD)
.... connection with the Rule stands vacated. Send a copy of the judgment to the Senior Special Judge, Cox's Bazar, immediately. Ed. This Case is also Reported in: 57 DLR (2005) 727. ...... connection with the Rule stands vacated. Send a copy of the judgment to the Senior Special Judge, Cox's Bazar, immediately. Ed. This Case is also Reported in: 57 DLR (2005) 727. ......erprises in collusion with each other as CC (pledge) and SOD (FO) categories beyond his financial power and thereby violated the specific instructions given to him by the Head Office of the Bank. The amount of the aforesaid non-recovered loan was raised to Taka 63, 27,968.72 after calculation of int..Category: Banking Law, Criminal Law | Date: 12 Dec, 2004 | Hits: 1
....ing one bigha by letter of allotment dated 08.10.1990 on condition of payment of 25% of the salami within one month @ of Tk. 8 lacs per bigha and the balance was required to be paid in 9 equal yearly installments with 10% interest. The writ petitioner could not pay 25% of the salami within the time ......n view of the discussions made above we do not find any substance in this petition.
The leave petition, accordingly, is dismissed.
Ed.
This Case is also Reported in: 10 BLC (AD) (2005) 39.
......hat she was asked to pay 25% of the salami within one month. Being unable to make payment within stipulated period she prayed for time and the Government extended the time for making payment of the amount within six months from the dated of service of the letter dated 23.03.1992. The writ petitio..
Category: Property Law | Date: 4 Dec, 2004 | Hits: 82
Atiquzzaman Khan (Md) Vs. State, 2005, 34 CLC (AD)
....ty thousand) is reduced to Taka 5,000 (five thousand) since the appellant has already deposited Taka 13,866 on 28‑2‑1983 out of misappropriated amount of Taka 18,812.90. Ed. ......ty thousand) is reduced to Taka 5,000 (five thousand) since the appellant has already deposited Taka 13,866 on 28‑2‑1983 out of misappropriated amount of Taka 18,812.90. Ed. ......llant suffered from mental disease for some time and took treatment in mental hospital. 14. It further appears that in the meantime he has deposited Taka 13,866 out of the misappropriated amount of Taka 18,812.90 and also has undergone imprisonment for about 5 (five) months. Considering ..Category: Criminal Law | Date: 4 Dec, 2004 | Hits: 78
....made absolute in part without any order as to costs. The respondent No.4 is directed to proceed with the case in accordance with law.
Ed.
This Case is also Reported in: 57 DLR (2005) 730.
......at a public servant committing offence of cheating under section 420 of the Penal Code cannot be said to be acting in discharge of his official duty and no sanction was accordingly, required. Similar principle was also upheld in the case reported in AIR 1969 SC 686 holding that beating or abusing a ......was advised by an Army Officer who was on duty at the relevant time in connection with Clean Heart Operation to go to Madhabpur Police Station and to make a GD Entry that he was carrying the foresaid amount in interest of his safety, security and protection. Accordingly the petitioner went to the Ma..
Category: Anti-Corruption Laws, Criminal Law | Date: 10 Nov, 2004 | Hits: 8
Haider Ali and ors. Vs. State, 2004, 33 CLC (AD)
....those who came to the place of occurrence to rescue the victim. In view of our above discussion we fined no substance in this appeal and accordingly it is dismissed. Ed. ......y rushed to the place of occurrence armed with weapon shows that they had a common object of committing an offence and they knew that any consequence might follow. 8. It is now a settled principle of law 'chat actual participation is not necessary to attract the offence under section 14......those who came to the place of occurrence to rescue the victim. In view of our above discussion we fined no substance in this appeal and accordingly it is dismissed. Ed. ..Category: Criminal Law | Date: 4 Nov, 2004 | Hits: 102
Shamsul Haque (Md) Vs. Amina Khatun and others, 2004, 33 CLC (AD)
....s been miscarriage of circumstances and this requires interference by us. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 23.......re so when the same is concurrent finding of fact. In the case of Hazari Bala Sana and another Vs. Iron alias Niranjan Mandal and others reported in 1997 BLD (AD) 294 it was held that it is a settled principle that the findings of fact, whether concurrent or not, arrived at by the lower appellate Co......s been miscarriage of circumstances and this requires interference by us. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 23...Category: Civil Law | Date: 31 Aug, 2004 | Hits: 156
.... dispose of the application of the petitioner for manufacturing tent at Chittagong EPZ within 2(two) months of receipt of this order.
Ed.
This Case is also Reported in: 57 DLR (2005) 631.
......nce to some legitimate object to be achieved. Democratic formal Government demands equality and absence of arbitrariness and discrimination. There must be fairness in Government dealings based on the principle of rationality, duty to act promptly and ensure fairplay and economic due process. Even if...... dispose of the application of the petitioner for manufacturing tent at Chittagong EPZ within 2(two) months of receipt of this order.
Ed.
This Case is also Reported in: 57 DLR (2005) 631.
..
Category: Business or Commercial Law | Date: 17 Aug, 2004 | Hits: 2
Jane Alam (Md.) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....nce to the aforesaid Trawler of the petitioner. In accordance with law within 60 (sixty) days from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 305. ......nce to the aforesaid Trawler of the petitioner. In accordance with law within 60 (sixty) days from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 305. ...... way of salaries of those persons employed. The petitioner has also paid Taka 25 lac as decking costs in respect of the said Trawler and in addition thereto the petitioner also spent quite a handsome amount towards other charges. The said Trawler is now anchored at Karnaphulli River near Begum Docki..Category: Admiralty Law or Maritime Law | Date: 10 Aug, 2004 | Hits: 4
Ayub Ali Chowdhury Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....nbsp; ......olute. Service Regulations of the Islamic Foundation Regulations 43, 44, 45 The enquiry committee conducted its enquiry without following provisions of the concerned regulations or the principle of natural justice as stated above obviously this report has got no legal validity. S......nbsp; ..Category: Employment/Service Law | Date: 8 Aug, 2004 | Hits: 3
....rculate the judgment to all banks for guidance.
Parties are directed to bear their own cost.
Send down the records at once.
Ed.
This Case is also Reported in: 57 DLR (2005) 643.
......ity to the extent of Taka 1,50,00,000. The application is marked as exhibit 'Dha’. By a letter dated. 11‑1‑82 the bank informed its legal adviser, the Law Consultants, that it agreed in principle to extend said facility to the defendant company on the quoted terms and conditions and re......rculate the judgment to all banks for guidance.
Parties are directed to bear their own cost.
Send down the records at once.
Ed.
This Case is also Reported in: 57 DLR (2005) 643.
..
Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4
Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)
....ellant. If no deposit is made within that period the appeal stands dismissed. Let the lower Courts records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 310. ......ellant. If no deposit is made within that period the appeal stands dismissed. Let the lower Courts records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 310. ......those permissions. But the appellant did not act accordingly. On 20‑6‑1993 plaintiffs went to the house of the appellant and requested him to execute and register the sale deed receiving the rest amount of Taka 52,00,000. But the appellant replied that the value of the suit property has risen so..Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....t No.5 of 1985 is hereby upheld. Send down the lower Court's Record at once. Ed. This Case is also Reported in: 57 DLR (2005) 702. ......No.1 stated that the plaintiff has no cause of action to file the suit or locus standi for it. The suit is barred by law of limitation and hit by section 42 of the Specific Relief Act and also by the principles of waiver, estoppel and acquiescence and that the suit land originally belonged to one Su......t in the possession in fact. Possession denotes the relationship between a person: (a) some actual power over the object possessed i.e. physical (corporeal) control or actual possession; and (b) some amount of will to avail oneself of that power that is the desire to possess (animus). Thus, it expre..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
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