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Arshad and others Vs. State and another, 2010, 39 CLC (HCD)
....rder passed in connection with the Rule sands vacated. Send a copy of the judgment and order to the concerned Court below at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 233. ......ng been acquitted under section 248 Cr.P.C. on the basis of withdrawal petition of complaint, shall stands as a legal bar for the purpose of initiaÂting the impugned 2nd complaint proceeding. The principle of double jeopardy as contemplated under section 403 Cr.P.C. comes to operate only when of......rder passed in connection with the Rule sands vacated. Send a copy of the judgment and order to the concerned Court below at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 233. ..Category: Procedural Law | Date: | Hits: 108
Jahirul Islam (Md.) Vs. Rokeya Begum and others, 2009, 38 CLC (HCD)
....of the rule stands vacated. Send down the lower Court record together with copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 225. ......of the rule stands vacated. Send down the lower Court record together with copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 225. ......ement stands as valid terms and conditions and it is clear from the deed to agreement that both the intending purchaser paid Taka 28,500 each as earnest money to the seller and on receipt on the same amount the executants of the said bainapatra signed and executed the deed of agreement (bainapatra)...Category: Civil Law | Date: | Hits: 153
Abul Hashem Vs. Mahmuda Khatoon & another, 2012, 41 CLC (HCD)
....t; (d) the deferred dower payable to plaintiff No.1 is fixed at Tk. 1,000, and she is entitled to it in addition to the aforesaid amounts: (e) the Executing Court shall be at liberty to fix the installments for payment of the remaining decreetal amount payable by the defendant in respect of ma....... 50. The issue of past maintenance, in a similar situation, was considered by our apex Court in the case of Jamila Khatun Vs. Rustam Ali, reported in 4 BLT (AD) 97 - 48 DLR (AD) 110, para-32. The principle was laid down in the follow terms:— "32. The wife, therefore, can claim past maintena......961), section 7 Talaq given without sending notice to the Union Parishad Chairman and the wife, is not talaq in the eye of law……………..(28 & 29) In the absence of record of disputed amount of dower, the plaintiff site should produce more credible evidence e.g. the dower fixed in ot..Category: Family Law | Date: | Hits: 246
Nur Mohammad Vs. Serajul Islam and others, 2012, 41 CLC (HCD)
....s the owner of "Ka" schedule property measuring an area of 44 decimals of land. He proposed to sell the same to the plaintiff at a consideration of Taka 1,200 and on receiving Taka 1,030 in different installments from the plaintiff he executed a bainapatra and surrenÂdered the possession of the sui......of law that title on the basis of the subsequent sale deeds will take effect from the date of agreement for sale it possession is delivered in past performance of the agreement." 13. It is settled principle that the concurrent findings of facts cannot be interfered within in revisional Jurisdicti....... The order of stay granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 491. ..Category: Property Law | Date: | Hits: 134
Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)
....strict Magistrates, Dhaka, Chittagong and Khulna, by postal guaranteed service for their Guidance and to act in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 643. ......rder under section 3 of the Special Powers Act would be illegal unless the authority makes a lawful order. If a habeas corpus petition is filed, the Court may release the detenu since the fundamental principle is that a person cannot be deprived of his liberty on the basis of an arbitrary exercise o......ural justice are not attracted. The reasons given therein were that the detention orders are made in an emergency situation, wherein to insist upon in the issuance of prior show cause notice may well amount to stultifying the action itself. It seems to us in arriving at such conclusion, his Lordship..Category: Criminal Law | Date: | Hits: 114
Muhibur Rahman Manik and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....ion of law. In the result, the Rules are discharged without any order as to cost. The orders of stay granted earlier are vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 636. ......here it was transferred to the Tribunal. No provision has been made in the Ain to the effect that the case shall be concluded at any cost within the specified time by giving go-bye to the established principles of trial causing prejudice to an accused…………………………(27) Cases Refer......t it is the Government who chooses the cases, the Courts and the Judges. So, according to him, this unfettered power as given to the Government not only is violative of fundamental rights but it also amounts to interference with the conception of independence of judiciary. This law, according to Mr...Category: Criminal Law | Date: | Hits: 177
Foyez Ahmed and others Vs. Uttara Bank and others, 2002, 31 CLC (HCD)
.... Court is directed to dispose of the application under Order XXI rule 58 in accordance with law on merit. Communicate this order. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 635. ...... Court is directed to dispose of the application under Order XXI rule 58 in accordance with law on merit. Communicate this order. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 635. ......sal of this Rule, are that the opposite party No.1 as plaintiff filed Money Suit No.7 of 1984 in the Court of Subordinate Judge, Narayanganj against the opposite-party Nos.2‑4 for realisation of an amount of Taka 3,69,287.99 and got ex parte decree. Thereafter, the said decree was put in execution..Category: Procedural Law | Date: | Hits: 128
Dr. Md. Mofizur Rahman and others Vs. Md. Bashirullah and another, 2003, 32 CLC (HCD)
.... court of Metropolitan Magistrate, Dhaka is hereby quashed. Communicate the order to the Court of Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 630. ...... court of Metropolitan Magistrate, Dhaka is hereby quashed. Communicate the order to the Court of Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 630. ......is presented to the bank for encashment; (2) the payee should have made a demand for payment by registered notice after the cheque is returned unpaid; and (3) the drawer should have failed to pay the amount within 15 days from the date of receipt of the notice. …………………(9) A notice u..Category: Civil Law | Date: | Hits: 163
Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)
....udgment and the decree passed by the learned Court below. In view of above the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ......@ 7%. 8. Before us Mr. Abdur Razzaq, appearing for the defendants/appellants, with his traditional eloquence, submitted that the bank's liability is never absolute. As long as the bank follows the principle of "due diligence" and resorts to the required degree of prudence, they are, in the prevai......can be canvassed in aid by the bankers in respect to a cheque which does not satisfy section 5 of the Negotiable Instruments Act. Provisions of the Negotiable Instruments Act can be availed where the amount in the cheque from, which contains customer's actual signature is enhanced by forgery. ……..Category: Criminal Law | Date: | Hits: 130
Nadira Alam Vs. State, 2010, 39 CLC (HCD)
.... Bazar for compliance who is directed to dispose the case in the light of observation made in the body of judgment on priority basis. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 218. ......ted in 59 DLR 236. 29. In this connection we may also profitable refer the decision in the case of Ali Akkas Vs. Enayet Hossain reported in 27 BLD(AD) 44 wherein their Lordships held: "the settled principle of law is that to bring a case within the purview of section 561A for the purpose of quash......awing of the cheque, (iii) presentation of the cheque, (iv) returning of the cheque unpaid by the drawee bank, (v) giving notice in writing to the drawer of the cheque demanding payment of the cheque amount and (vi) failure of the drawer to make payment within specified time of the receipt of notice..Category: Criminal Law | Date: | Hits: 134
Moktar Ahmed Vs. Haji Farid Alam & another, 1989, 18 CLC (HCD)
....l No.48 of 1986 and direct the learned Sessions Judge to hear the appeal on merit in accordance with law. The Rule is made absolute. Ed. This Case is also Reported in:42 DLR (HD) (1990) 162. ......o argue that even in absence of any provision of law requiring publication of the order of the trial Court directing the accused to appear before him on the date of trial specified in the notice, the principle of natural justice also requires that the accused must be given a chance that he is facing......l No.48 of 1986 and direct the learned Sessions Judge to hear the appeal on merit in accordance with law. The Rule is made absolute. Ed. This Case is also Reported in:42 DLR (HD) (1990) 162. ..Category: Criminal Law | Date: | Hits: 110
Md. Sayem Islam Vs. State, 2006, 35 CLC (HCD)
....ail bond. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 155. ......itness even did not know the contents of the polythene bag, the alleged recovery from the appellant was not proved and the conviction was set aside". We are in respectful agreement with the above principle and the same is applicable in the present case. So having regard to the facts we hold that......ail bond. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 155. ..Category: Criminal Law | Date: | Hits: 103
Md. Mostafa Rana Vs. Most. Farzana Sultana, 2009, 38 CLC (HCD)
....itioner to pay 50% of decreetal amount in Court, failing which, the orders impugned shall stand vacate. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 149. ...... application on the same date but under a wrong forum, the learned Judge ought to re-admit after setting aside the ex parte dismissal of the appeal without fixing the matter on subsequent date. It is principle of law that dismissal of default order in the absence of any party is generÂally signed b......or the Artha Rin Adalat Act specifÂically provides for only two remedies against an ex parte decree. It is either by an application or by an appeal; but in both the cases deposit of 50% of decreetal amount is necessary. To avoid this deposit, it appears, the petitioner has sought a short-cut by inv..Category: Procedural Law | Date: | Hits: 154
.... Orders previÂously made in each of these cases by this Court are also accordingly maintained.
17. There are no orders as to costs.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 64.
...... Orders previÂously made in each of these cases by this Court are also accordingly maintained.
17. There are no orders as to costs.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 64.
....../CN.9/264 dated 25 March 1985). Addressing the concerns that arises in many Jurisdiction that interim measures of protection sought in court by a party to an arbitration agreement may be construed as amounting to a waiver by that party to take recourse to arbitration and, thereby, also negating the ..
Category: Alternative Dispute Resolution | Date: | Hits: 589
....ht of the observations made above. There will be no order as to costs. The order of stay granted earlier by this Court stands vacated.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 564.
......d bounds. The present petitioner entered appearance in the suit and filed written statements denying the material allegations of the plaint and contended, inter alia, that the suit is barred by the principles of estoppel, waiver and acquiescence. It was further contended that the suit is also barr......ht of the observations made above. There will be no order as to costs. The order of stay granted earlier by this Court stands vacated.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 564.
..
Category: Procedural Law | Date: | Hits: 152
Md. Muntasir Hossain MD., Unipay 2U (BD) Ltd. Vs. State and another, 2011, 40 CLC (HCD)
....jected. The order of stay granted earlier by this Court stands vacated. Communicate a copy of the order to the Court concerned. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 177. ......jected. The order of stay granted earlier by this Court stands vacated. Communicate a copy of the order to the Court concerned. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 177. ......nd 4(2) of the Money Laundering Prevention Act, 2009 alleging that the accused persons cheated the people to deposit money with them, promising the general public to give 32.5% of profit on deposited amount and the accused persons are sending money abroad to purÂchase gold which is not authorized b..Category: Criminal Law | Date: | Hits: 123
State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)
....ce through him at Kapasia, Tipu had visited the native house of Zakaria at Kapasia and Zakaria also visited his house, thus an affinity between them developed. Zakaria was given Tk. 2,75,000 in three installments before the occurÂrence of this case, on 13-8-2009 Friday at 2-00/2-30 PM Zakaria had c......fore, of the view that the conviction of the appellant should be altered from on under secÂtion 302 of the Penal Code to one under secÂtions 302/109 of the said Code." 68. Having regards to the principle enunciated in the Billal's case we are of the view that the conÂdemned-prisoner Zakaria K......2-00/2-30 PM Zakaria had come in his residence at Sewrapara and on 14-8-2004 Zakaria had asked Tipu to go to him with Tk. 2,00,000 and Tipu had informed the said occurrence and also demanded the said amount to him but he declined Tipu withdrew Tk. 1,60,850 from Mercantile Bank at Rokeya Sarani Branc..Category: Criminal Law | Date: | Hits: 147
Idris Miah (Md.) Vs. State, 1998, 27 CLC (HCD)
....ellants under section 476 of the Code. Send down the LCR at once and also send a copy to the Judge concerned for her future guidance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 629. ......ellants under section 476 of the Code. Send down the LCR at once and also send a copy to the Judge concerned for her future guidance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 629. ......judgment and order to the Magistrate concerned for taking legal action against P.W.1 and held that P.W.2 caused loss to the accused to the extent of at least Taka 20,000.00 and directed him to pay an amount of Taka 20,000.00 to the accused within one month. Being aggrieved by the above direction giv..Category: Criminal Law | Date: | Hits: 72
Md. Aftab Uddin Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
....na, Dhaka. Let a copy of this judgment and order be placed before the learned Chief Justice for his perusal and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 105. ...... discussing on such submissions. 17. The learned Advocate relied on the decision in the case of Khair Ahmed Vs. Bangladesh, reported in 40 DLR (HCD) 352, which relates as to the application of the principle of "Force of Law" in any decision taken under the umbrella of the Rules of Business framed......na, Dhaka. Let a copy of this judgment and order be placed before the learned Chief Justice for his perusal and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 105. ..Category: Constitutional Law | Date: | Hits: 361
BRAC Printers Vs. Chairman; First Labour Court and another, 2007, 36 CLC (HCD)
....scharged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 427. ......ffice bearers of the union, who raised the one-point charter of demand defeated the worker-respondents in election which preceded the termination of services of the worker-respondents. Therefore, the principle expressed in 28 DLR (AD) 190 has no manner of application on the facts and in the circumst......scharged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 427. ..Category: Labour and Industrial Law | Date: | Hits: 138
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