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....t wherever it is necessary within 60 days from the date of receipt of the copy of this Judgment.
There will be no order as to cost.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 467.
......t wherever it is necessary within 60 days from the date of receipt of the copy of this Judgment.
There will be no order as to cost.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 467.
......eement for lease which was entered into in between the Government of erstwhile East Pakistan and the deceased Md. Serajuddin. Mr. Serajuddin paid the consideration money for the lease‑hold property amounting to Taka 1,14,966.00 and the deed of lease was accordingly executed and registered on 26th ..
Category: Property Law | Date: | Hits: 119
Khadem Ali Akand (Md.) Vs. State, 1996, 25 CLC (HCD)
....y the handwriting expert and then to dispose of the case in accordance with law. Communicate this order to the Court below at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 441. ......y the handwriting expert and then to dispose of the case in accordance with law. Communicate this order to the Court below at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 441. ......ccompanying letter No.28 by putting his signature in the peon book. Subsequently the accused encashed the cheque by putting his signature on the backside of the said cheque but without depositing the amount with the Zila Parishad, the accused appellant misappropriated the amount. On the above allega..Category: Criminal Law | Date: | Hits: 88
Iftekhar Afzal and anothers Vs. Pubali Bank Limited and others, 1998, 27 CLC (HCD)
....lt, the Rules are discharged but without any order as to costs. The orders of stay passed by this Court in these Rules stand vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 623. ......6 and 227 of the Constitution merely because two views are possible on the facts of a case. It is also well established that it is only when an order of Tribunal is violative of the fundamental basic principle of justice and fair play or where a patent or flagrant error in procedure or law has crept......opposite party No.1 Pubali Bank Limited on 13‑6‑92 claiming compensation of Taka 31,32,150.00 and for a further declaration that the petitioner is not liable to pay Taka 13,28,270.00 or any other amount to Pubali Bank Limited as claimed by Pubali Bank Limited against LC No. PBL/FEB/SEM/492/88 da..Category: Civil Law | Date: | Hits: 171
Md. Abdul Majid and others Vs. Arjat Ali Dewan and others, 2009, 38 CLC (HCD)
....rÂdance with law. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 297. ......…………Opposite Parties Judgment January 28, 2009. Result: The Rule is made absolute. The Code of Civil Procedure, 1908 (V of 1908); Order VI, Rule 17 One of the fundamenÂtal principles governing the amendment of the pleadings is that all the controversies between the partie......r during the pendency of the suit the plaintiffs were dispossessed or not by defendants from certain portion of the suit land. This will end all pending controversies between the parties and will not amount to a change in the nature and character of the suit. 15. It transpires to me that the proÂ..Category: Procedural Law | Date: | Hits: 114
....ned District Judge, Dhaka is vacated.
Communicate this Judgment at once.
M. Moazzam Husain J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 284; 18 BLT (HCD) (2010) 261.
......f a decree is required and admittedly, the Arbitral Award sought to be enforced is neither a decree nor the same has been deemed to be a decree by any law. Therefore, in the facts of the case and the principles enunciated in the cited decisions vis-a-vis the provision of Order XXI Rule 29 of the Cod......of the Code of Civil Procedure.
21. In reply, Mr. Razzaque relying on the decisions reported in 36 DLR (AD) 1 and 36 DLR (AD) 179 submits that when the law has conferred jurisdiction expressly, no amount of consent by the parties can invest a Court with jurisdiction which is not given by law.
..
Category: Civil Law | Date: | Hits: 178
Manik K Bhattacherjee Vs. Artha Rin Adalat and other, 2010, 39 CLC (HCD)
....t any order as to cost. The order of stay stands vacated. Communicate the Judgment of the Artha Rin Adalat No.3, Dhaka at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 195. ......t any order as to cost. The order of stay stands vacated. Communicate the Judgment of the Artha Rin Adalat No.3, Dhaka at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 195. ......d 23-10-2007 and ultimately on 23-10-2007 the learned Judge of the Adalat took up Artha Rin Suit No.219 of 2006 for hearing and decreed exparte. The judgment-debtors having failed to pay the decretal amount, the Bank filed Artha Jari Case No.34 of 2008 before the Adalat on 9-1-2008. Eventually, on p..Category: Civil Law | Date: | Hits: 154
Firoz (Md.) Vs. State, 2011, 40 CLC (HCD)
....liberty at once if not wanted in any other connection. Send down the L/C records along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 189. ......liberty at once if not wanted in any other connection. Send down the L/C records along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 189. ......ffence which is tried. Offences remain defined in penal clauses with all its intricacies communication of which in any language other than the technical language of charge is not possible without and amount of risk of miscommunication. Code of Criminal Procedure, in its Chapter XIX, has taken adequa..Category: Criminal Law | Date: | Hits: 84
Islami Bank Bangladesh Ltd. & another Vs. Agrani Bank & others, 2010, 39 CLC (HCD)
....t. The impugned judgment and decree passed by the trial court is hereby affirmed. Send down the L/C records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 150. ......t. The impugned judgment and decree passed by the trial court is hereby affirmed. Send down the L/C records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 150. ......ued by Dhaka WASA in favour of Messrs Mitali EnterÂprise drawn on its aforesaid account kept in the Kawran Bazar branch of the plaintiff bank. The plaintiff bank-branch had also made payments of the amount of two cheques i.e. Tk. 9,59,400 in favour of the collecting bank. The said branch of the pla..Category: Business or Commercial Law | Date: | Hits: 548
Atiqullah Pathan (Dhanu) Vs. State and another, 2010, 39 CLC (HCD)
....nted earlier shall stands vacated. Send a copy of this order to the Assistant Sessions Judge, 2nd Court Mymensingh for compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 175. ....... 25. In this connection we may also profitably refer the decision in the case of Ali Akkas Vs. Enayet Hossain reported in 17 BLD (AD) 44 = 2 BLC (AD) 16 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......ina Enterprise; that the complainant is selling Poultry feed including fish; that on different dates the accused Md. Atiqullah Pathan (Dhanu) purchased fish feed from the complainant on credit for an amount of Taka 63,15,461,00; that with a view to adjust the said-outstanding dues; that accused issu..Category: Criminal Law | Date: | Hits: 84
Acqua Foods Limited and another Vs. Controller of Imports and Exports and others, 1997, 26 CLC (HCD)
....Certificate of the Petitioners immediately. Considering the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 498. ......impugned order illegal and without jurisdiction. Ultimately, the DIT preferred an appeal before the Supreme Court of Pakistan which, in fact, upheld the order of the High Court. In the above case the principle has been laid down that the authority prescribed by law is the authority to take action or......Certificate of the Petitioners immediately. Considering the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 498. ..Category: Civil Law | Date: | Hits: 140
Rafiqul Alam (Md.) Vs. Md. Abdul Awal & others, 2010, 39 CLC (HCD)
....2-1997 passed by the Subordinate Judge, Rangpur in Order Appeal No.140 of 1995 in hereby affirmed. Send down the LCR accordingly. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 168. ......nal Division Vs. Sazahan Miah reported in 35 DLR 224 TCB & ANR Vs. Syed Sajeduzzaman reported in 40 DLR 406 and BJMC Ltd. Vs. Abdul Halim Chowdhury reported in 47 DLR 173. In the cited cases, the principle of law laid down is that a suit for declaration that plaintiff's dismissal is illegal and ......2-1997 passed by the Subordinate Judge, Rangpur in Order Appeal No.140 of 1995 in hereby affirmed. Send down the LCR accordingly. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 168. ..Category: Civil Law | Date: | Hits: 144
Aysha Begum and others Vs. Mozibur Rahman, 2010, 39 CLC (HCD)
....is allowed. The impugned order passed by the learned Joint District Judge is set aside. There shall, however be, no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 160. ......hat the plaintiff is being deprived of his share from the earning of that property.' 5. Mr. AJ Mohammad Ali, learned AdvoÂcate, appearing on behalf of the appellant submits at the outset that the principles of appointment of receiver, particularly in a suit for partition, is by now well-settled.......defendant No.9 has misappropriated the same. The other premises in the schedule i.e. Gani Residential Hotel is run by defendant No.10 through an agent. Defendant No.1 has deprived the plaintiff of an amount Tk. 40,000 payable to him as his share of rental realized over ten months from the lessee of ..Category: Civil Law | Date: | Hits: 126
Shaukat Ali and another Vs. Chairman, Labour Court, Khulna and others, 1992, 21 CLC (HCD)
....f Labour (Standing Orders) Act, 1965. With the aforesaid observation the rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 410. ......s on 17/18 blank papers under coercion and submitted that thepetitioner actually signed the papers before the Enquiry Committee after these were read over to him and as such there was no violation of principle of natural justice as alleged. It has been further stated by the respondent Nos.2 and 3 th......f Labour (Standing Orders) Act, 1965 provides as follows: "A worker may be discharged from service for reasons of physical or mental incapacity or continued fill‑health or such other reasons not amounting to misconduct provided that a worker having completed not less than one year of continuous..Category: Labour and Industrial Law | Date: | Hits: 182
Gazi Jashimuddin Vs. Bangladesh & others, 1997, 26 CLC (HCD)
.... The respondents are directed to appoint the petitioner to the Police cadre within four months from the date of receipt of this order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 37. ......y on its activities legally. To single out the petitioner from all the candidate as not suitable for police cadre, on the ground of his involvement with ‘Shibir’, leads us to believe that uniform principle had not been applied for the employment of the candidates. It also justifies the petitione...... The respondents are directed to appoint the petitioner to the Police cadre within four months from the date of receipt of this order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 37. ..Category: Employment/Service Law | Date: | Hits: 194
....n future to the respondent-Trust, it will dispose of the same in accordance with law within shortest possible time.
Mohammad Bazlur Rahman J.- I agree.
Ed.
This Case is also Reported in:
......n future to the respondent-Trust, it will dispose of the same in accordance with law within shortest possible time.
Mohammad Bazlur Rahman J.- I agree.
Ed.
This Case is also Reported in:
...... writ petitioners and also for direction upon the respondents to pay them (petitioners) honorarium at the rate which they were receiving since January, 2003 with a further direction for enhancing the amount of honorarium/allowance.
2. It is contended in the writ petition that the petitioners (57 ..
Category: Constitutional Law | Date: | Hits: 237
Moslem Ahmed Sarker (Md.) alias Muslim Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
....ocedure. In the result, the Rule fails and it is discharged without my order as to costs. Let the LC records be sent down at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 616. ...... 6. Mr. Md. Osman Gani, the learned Advocate appearing for the petitioner, submits that the learned Court of Appeal below erred in law in not dismissing the pre‑emption case as being barred by the principles of estoppel, waiver and acquiescence. The learned Advocate further submits that since the......ocedure. In the result, the Rule fails and it is discharged without my order as to costs. Let the LC records be sent down at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 616. ..Category: Property Law | Date: | Hits: 91
AKM Abu Sayed Chowdhury Vs. AKM Abdul Wahed Chowdhury and others, 2011, 40 CLC (HCD)
....al power. In the result the revision fails and the Rule is discharged without any Order as to cost. Sent down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 298. ......gment passed by the learned Assistant Judge, Companygonj, Noakhali and the findings recorded by the learned Court of Appeal below are well supported by the evidence on record and are based on correct principle of the appreciation of the evidence. I find no illegality in the impugned Judgment dated 2......al power. In the result the revision fails and the Rule is discharged without any Order as to cost. Sent down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 298. ..Category: Procedural Law | Date: | Hits: 110
Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)
....d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ......f law, would not by itself attract the provision of section 115 of the Code of Civil Procedure unless it can be shown further that there was such a violation of some statutory provision of law or the principles of natural justice as would render the proceedings coram-non-judice. In the instant case ......to a finding as a Court of law. Hence, if the finding arrived at was based on no evidence at all or on irrelevant facts and without following the procedure it would be an illegal finding and it would amount to an exercise of power with material irregularity making the proceeding coram non judice. ..Category: Trust/Waqf Law | Date: | Hits: 134
.... the charge as leveled against him.
The accused is to be discharged from his bail bond immediately. Communicate this order at once.
Ed.
This Case is also Reported in:48 DLR (HCD) (1996) 417.
......is true malafide act is also not protected, but then mala fide is to be pleaded with particulars constituting such mala fide and established by cogent materials before the Court."
10. Keeping this principle as enunciated the Courts of very high authority as referred to earlier, if we examine the ......n personal grudge Hemayetuddin had been arrested and sent to the officer in charge Galachipa for necessary action by the SDO on 17‑11‑77 while he was presiding over the Thana Council meeting. The amount of Taka 200.00 has been received by Hemayetuddin for traveling expenses as per provisions of ..
Category: Criminal Law | Date: | Hits: 84
Wahidullah Majumder Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....d by way of VAT on the imported raw rubber to the petitioner. In the result the Rule is made absolute without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 400. ......d by way of VAT on the imported raw rubber to the petitioner. In the result the Rule is made absolute without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 400. ...... Rule was issued calling upon the respondents to show cause why the impugned order No.43/94 dated 20‑2‑94 passed by the Collector of Customs and Excise (Appeal), Chittagong refusing to refund the amount of Taka 1,15,668.00 realised by way of VAT against the petitioner's consignment should not be..Category: Administrative Law | Date: | Hits: 192
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