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....nd the publication of the newspaper the daily Ittefaq the parties in litigation may act in pursuance to resolution dated 30‑9‑90.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 597.
......t. It is the further case of the plaintiffs that as soon as they came to know of the above facts they protested by sending several letters including one on 18‑3‑95 addressed to defendant opposite party No.4 demanding defendant No.1 Bank to resist or refrain from acting on such illegal resolution..
Category: Company Law | Date: | Hits: 127
Jalaluddin @ Badsha Vs. State, 1986, 15 CLC (HCD)
.... of the charge. The appellant shall be set at liberty forthwith if not wanted in any other connection. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 119. ......e complainant to believe that she was the lawfully married wife of the accused On the contrary, the very prosecution case and evidence sufficiently indicated that both the complainant and the accused party by their free choice indulged in having sexual intercourse with each other as was revealed by ..Category: Family Law | Date: | Hits: 108
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....া কোনো বাংলাদেশি মানুষের পক্ষেই সম্ভব না।” Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ......r engagelawyers of their own choice. Relatives of the Petitioners’ werenot allowed to consult or see them. 58. The Petitioners further stated that after the killing ofBangabandhu, they and their party protested the illegalusurpation of power by the military authorities and the killingof Banabon..Category: Criminal Law | Date: | Hits: 154
Amarbati Natya Mandir Vs. State, 2009, 38 CLC (HCD)
....n for leave to proceed with the suit after amendment of the plaint is allowed. The order of abatement of the suit is also set aside. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 217. ...... let us turn to Order XXII, rule 10 of the Code of Civil Procedure. This rule is based on the principle that the trial of a suit cannot be arrested merely by reason of devolution of the interest of a party in the subject matter of the suit; the person acquiring the interest may continue the suit wit..Category: Civil Law | Date: | Hits: 104
Md. Abdul Jabbar Sarker Vs. State and another, 2011, 40 CLC (HCD)
....d out the document to the complainant, who could realize that the schedule of the document did not reflect the intention of the parties to the document. So the complaint informed the accused of the defect, whereupon the accused demanded Tk. 10,000 on the plea that the defect in the document woul......ng in the cause list with the name of the learned Advocate for the petitioner since 23-10-2011. 5. Ms. Purobi Rani Sharma, the learned Assistant-Attorney-General, appearing for the State (opposite party No.1) submits that she has no instruction with regard to this case. 6. We have perused the ..Category: Procedural Law | Date: | Hits: 92
Abdul Motaleb and others Vs. Customs, Excise and VAT Appellate Tribunal, 2011, 40 CLC (HCD)
....tice dated 14-2-2008 (Annexure-C) is also declared to have been passed and issued without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 100. ......ment with the observations made in the decision cited above. This principle was also applied in the case of Hotel Zakaria International Vs. National Board of Revenue, 30 BLD 388 where one of us was a party. It has been clearly found that this argument was also pressed into service by the petitioner ..Category: Fiscal/Taxation Law | Date: | Hits: 135
Rezia Sultan & another Vs. Md. Haroon Malik and another, 2011, 40 CLC (HCD)
....cellaneous case No.192 of 1980 are set aside. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 347. ......887; section 15 of the Act provides for jurisdiction of Courts of Small Causes i.e. the Court has jurisdiction in the case of eviction of the tenant and Small Causes Courts cannot decide title of any party, it has no jurisdiction to pass the decree for recovery of possession if the tenant thrown out..Category: Civil Law | Date: | Hits: 94
Muhibur Rahman Manik and another Vs. State, 2006, 35 CLC (HCD)
....nder section 161 of The Code of Criminal Procedure after a period of 52 days and his evidence in Court is to be left out of consideration. V. Charge framed against convict-appellants are seriously defective. VI. Convict-appellant Muhibur Rahman Manik laid First Information Report with Chatak P......in (1986) 6 BLD HCD 34, Muslimuddin and others Vs. The State 1987 BLD (AD) 1= 38 DLR (AD) 311 and Sharafat Mondal and others Vs. The State BCR 2005 HCD 392 (wherein one of us A.K. Badrul Huq J. was a party), 48. True it is that P.Ws.4, 5, 8, 9, 10, 11, 14, 15, 17, 20, 21, 22, 23, 30 and 31 had be..Category: Criminal Law | Date: | Hits: 83
Hashem Ali & Others Vs. Suruj Ali & Others, 2010, 39 CLC (HCD)
....t Judge, 1st Court, Tangail, is hereby set aside and that of the trial Court is restored. Let the LC records be sent down at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 295. ......ail, in Partition Suit No.21 of 1999, decreeing in part. 2. The Defendant-Respondent-Petitioner Nos.1-9 are the second generation heirs of one Mokdom Ali Sheik and the Plaintiff-Appellant-Opposite party Nos. 1-13 are the second generation heirs of one Jumu Sheik. The said Mokdom Ali Sheik and Jom..Category: Property Law | Date: | Hits: 83
Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)
.... to the extent of 5.17 acres as it originally stood. Communicate this Judgment to the Land Appeal Board (respondent No.1) at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 511. ......as the same was wrongly recorded in their names. 3. The predecessor of the writ petitioners having come to know about the said Miscellaneous Case filed an application on 2-8-1969 for addition of party which was kept with the record. Subsequently upon an application for amendment, Satinath Banda..Category: Property Law | Date: | Hits: 115
Moti Mia Alias Motin Vs. State, 2008, 37 CLC (HCD)
....e does not call for any interference. In the result, the Rule is discharged. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 87. ......e does not call for any interference. In the result, the Rule is discharged. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 87. ..Category: Criminal Law | Date: | Hits: 66
....e plaintiffs stating, inter-alia, that the suit of the plaintiffs is not maintainable inasmuch as there was no cause of action to institute the suit; that the suit is barred by limitation and bad for defect of parties; that the defendants case is that the suit land was originally belonged to Bilat A......) "a document the registration of which is secured by the inclusion of a nonexistent, fictitious or insignificant portion or item shall not in any manner affect the rights of a person who was not a party thereto and acquired rights in the property without notice of transaction to which such docume..
Category: Property Law | Date: | Hits: 66
Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)
....o whether the accused concerned is likely to be punished in the trial is allowed to proceed………………(17, 19, 20) The jurisdiction will, therefore, be exercised only when there is glaring defect on the fact of the proceeding which makes the prosecution untenable and where there is no rea......three purposes specifically mentioned in the section which are- (a) the power is not to be resorted to if there is specific provision in the Code for the redress of the grievance of the aggrieved party and the same not be exercised as against the express bar of law engrafted in any other provisi..Category: Procedural Law | Date: | Hits: 79
Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
....or realisation of loan amount from the defaulters including the mortgagor and the guarantor of the loan. Since Siemens did not fall within the definition of either mortgagor or guarantor the plea of 'defect of parties' was rejected by the Arthorin Adalat. Therefore, in decreeing Arthorin Adalat Case......ion that has been raised by the present plaintiffs as defendants in Arthorin Adalat Case No.33 of 2002 and that contention was negetived by the Arthorin Adalat holding that Siemens is not a necessary party. The learned Advocate, further submits that the relieves sought for clearly indicate that thes..Category: Civil Law | Date: | Hits: 87
Alam Taj Begum @ Monowar Begum & others Vs. Nimai Chandra Roy, 2009, 38 CLC (HCD)
....e defendant Nos.1-4 contested the suit denying all material allegations of the plaint and stating, inter alia, that the suit is not maintainable; the suit is barred by Limitation; the suit is bad for defect of parties; that after death of Rajendra, his sons had been living jointly and that on 17-2-7......vocates — For the Opposite Party. Civil Revision No. 908 of 2002. Judgment Faruque Ahmed J. - This Rule at the instance of the defendant petitioners was issued calling upon the opposite party No.1 to show cause as to why the impugned judgment and decree dated 29-1-2002 passed by the le..Category: Procedural Law | Date: | Hits: 69
Abdul Quddus Vs. Mobarak Hossain, 1996, 25 CLC (HCD)
.... therefore, discharged. The order of stay granted earlier by this Court on 7‑4‑96 is also hereby vacated. No order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 572. ......es - For the Petitioner. Mahbubey Alam with AM Aminuddin, Advocates ‑ For the Opposite Party. Civil Revision No.645 of 1996. Judgment Abu Sayeed Ahammed J.- In this Rule, the opposite party 1 Md. Mobarak Hossain filed Other Class Suit 22 of 1987 in the Court of Munsif, Shahzadpur, Se..Category: Procedural Law | Date: | Hits: 82
Wahida Khan Vs. Shahar Banoo Ziwar Sultan and State, 1994, 23 CLC (HCD)
....order to the civil Court immediately for expeditious disposal of Title Suit No.48 of 1973/6 of 1986. Send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 286. ......Zakir Ahmed, Advocate - For the Opposite Party No.1. Criminal Revision No.437 of 1986. Judgment K M Hasan J.- The Rule was issued calling upon the Deputy Commissioner, Dhaka and the opposite party No.1 to show cause as to why the impugned proceeding in Kotwali Police Station Case No.6(2)79 ..Category: Procedural Law | Date: | Hits: 71
State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
.... constructive knowledge about BGMEA’s bareness of title and the illegality as to the construction of the building. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ......nd was enclosed. It was also stated that the land was conveyed to BGMEA free of encumbrances. BGMEA also adduced a document captioned “চুক্তি নামা”,showing EPB as the first party and BGMEA as the second one. This so-called agreement recites that pursuant to the Ministry of..Category: Constitutional Law | Date: | Hits: 642
Rais Ali alias Md. Rais Ali and others Vs. Mst. Hajera Khatun and others, 2009, 38 CLC (HCD)
....the time of issuance of the rule is hereby vacated. Send down the lower Court records alongwith a copy of the judgment immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 62. ......or the pre-emptor Opposite Parties has referred another decision in the matter of Mst. Rokeya Begum Vs. Md. Abu Zaher and others reported in 20 BLD (AD) page 90. The learned Advocate for the Opposite party has referred another decision reported in 60 DLR (AD) page 73 in the case of Md. Dewan Ali Vs...Category: Civil Law | Date: | Hits: 192
Bangladesh House Building Finance Corporation Vs. Mosammat Amena Begum, 2010, 39 CLC (HCD)
....ous Execution Case No.14 of 2004 is hereby affirmed. Let a copy of this judgment and order be communicated to the Court concerned. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 194. ......vision (Civil) Present: M. Enayetur Rahim J Bangladesh House Building Finance Corporation……………………Petitioner Vs. Mosammat Amena Begum……………………Opposite party Judgment January 28, 2010. Result: The rule is discharged. Lawyers Involved: ..Category: Civil Law | Date: | Hits: 276
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