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Baquer Siddiqui (Md.) Jounpuri and another Vs. State and another, 2008, 37 CLC (HCD)
....shed. Let a Copy of this judgment he transmitted to the Chief Metropolitan Magistrate, Dhaka for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 118. ......suit between the same parties the Magistrate acted without jurisdiction in initiating the impugned proceeding under section 145, CrPC. Having gone through the said decision we find that the underline principle on which both High Court and Appellate Division acted in that particular case is that over......he self same parties for the purpose of ascertainment of the guilt or innocence of the parties involved therein. Therefore, the learned Counsel submits that the prolongation of the instant proceeding amounts to an abuse of the process of the Court which is liable to be quashed for securing ends of j..Category: Criminal Law | Date: | Hits: 70
Abul Kashem Shawdagar Vs. Abdur Razzaque & others, 1983, 12 CLC (HCD)
....igation directed by the Court before cognizance has been taken. As such I refrain from giving my decision on the point indicated above. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 63. ...... same accused persons against whom the police has already submitted charge sheet is not meant. In the case of State Vs. Abul Quashem 27 DLR 342, it has been observed:- “We are not aware of any "principle of law" under which an investigation which has resulted in submission of a charge-sheet ag......igation directed by the Court before cognizance has been taken. As such I refrain from giving my decision on the point indicated above. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 63. ..Category: Criminal Law | Date: | Hits: 93
Harunur Rashid Bhuiyan Vs. Pubali Bank Ltd, and others, 2010, 39 CLC (HCD)
...., expedite the proceeding of the execution case. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 209. ......, expedite the proceeding of the execution case. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 209. ......2004 arising out of Artha-Decree execution Case No.15 of 2003, pending in the Artha Rin Adalat and Joint District Judge, Court No.1, Lakshmipur directing the petitioner to deposit 25% of the decretal amount of the Artha Rin Suit No.01 of 1998 as security. 2. Material facts of the case as necessar..Category: Civil Law | Date: | Hits: 176
....2007 all the defendants in general and the Defendant Nos. 1 and 2 in particular submit their Written Statements positively by 4.1.2009.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 59.
......etween a guarantor, a creditor and the principal debtor. It has also been argued at length that the issuance of the two letter of guarantee are not necessarily in conflict with the "pay to be paid" principle for the simple reason that these operate within separate conceptual and functional spher......not arrange such counter-security as may have been required or does not indemnify the Association as aforesaid, the Association, without prejudice to its other rights, shall be entitled to retain any amounts which would otherwise be recoverable by such Assured, notwithstanding that the same may have..
Category: Admiralty Law or Maritime Law | Date: | Hits: 512
GE Sea Co. Services Ltd. Vs. Continental Traders BD Ltd. and others, 2010, 39 CLC (HCD)
....d this Court finds no merit in this application which is therefore liable to be rejected. Accordingly, the application is rejected. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 56. ......d this Court finds no merit in this application which is therefore liable to be rejected. Accordingly, the application is rejected. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 56. ......d this Court finds no merit in this application which is therefore liable to be rejected. Accordingly, the application is rejected. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 56. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 320
....dingly the Respondent No.5 is directed to pay a sum of Taka 1,50,000/- (one lac fifty thousand) to the petitioner.
Md. Faruque (M. Faruque) J.- I agree.
Ed.
This Case is also Reported in:
......dingly the Respondent No.5 is directed to pay a sum of Taka 1,50,000/- (one lac fifty thousand) to the petitioner.
Md. Faruque (M. Faruque) J.- I agree.
Ed.
This Case is also Reported in:
......f the republic have a duty to take steps so that the public do not get defrauded. It is further stated that the Respondent No.5 is cheating many innocent people like the petitioner by extracting huge amounts of money from them in exchange of giving false Certificates of U.K. Law Degree and/or by pro..
Category: Others | Date: | Hits: 146
Shawkat Ali Chowdhury Vs. G. Murshed Reza and others, 2009, 38 CLC (HCD)
....o proceed with the suit in accordance with law. Send down the lower Court records at once. Md. Emdadul Hague Azad, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 24. ......r arriving at a correct decision on framing specific issues by the trial Court. 48. In the case of Nurunnessa and others Vs. Mohibuddin Chowdhury and others, 49 DLR, 234, it has been held settle principle of law is that in deciding the question as to whether the plaint should be rejected the Co......o proceed with the suit in accordance with law. Send down the lower Court records at once. Md. Emdadul Hague Azad, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 24. ..Category: Civil Law | Date: | Hits: 200
Md. Bachhu Vs. State, 2009, 38 CLC (HCD)
....nted in connection with any other case. Let a copy of the judgment and L.C.R be sent down at once. SM Emdadul Hoque, J,- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 18. ......nted in connection with any other case. Let a copy of the judgment and L.C.R be sent down at once. SM Emdadul Hoque, J,- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 18. ...... an initial stage may be justified where the facts are so preposterous that even on the admitted facts no case can stand against the accused and that a further prolongation of the prosecution would amount to an innocent party and abuse of the process of the Court. Besides, some categories of cases..Category: Criminal Law | Date: | Hits: 115
M/s. Brick Linkers Ltd. and another Vs. Joint District Judge & Others, 2005, 34 CLC (HCD)
....ow that there is no executable decree before the Adalat. Having regard to the facts of the case there will be no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 99. ......mad Kamal Vs. Ahmed Ali and others reported in 87 IC (1925)-746 and other case is Gajanan Chintaman Deshpande and others Vs. Karnatak Glass Industries and others reported in AIR 1971 Mysore, 241. The principle enunciated there is that the decree holders right to apply to make the preliminary decree ......h Artha Rin Adalat, Dhaka on 23.4.1994 which was transferred to the Artha Rin Adalat No.1, Dhaka and renumbered as Title Suit No.214/1996, against the petitioner and others for realization of money amounting to Tk. 48,68,970.29 by selling the mortgaged property. The suit was decreed in preliminary..Category: Limitation Law | Date: | Hits: 162
Ismail Hossain (Md.) Vs. Shakhina and others, 2012, 41 CLC (HCD)
....llaneous Appeal No.27 of 1998 in set aside. Let a copy of the judgment along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 320. ......there is no express provision permitting such party to prefer an appeal against such an Order. This omission, however, cannot be understood to amount to prohibition. The Court ought not to act on the principle that every procedure is to be taken a prohibited unless it is expressly provided for." ...... an appeal from an Order passed therein. It is true that there is no express provision permitting such party to prefer an appeal against such an Order. This omission, however, cannot be understood to amount to prohibition. The Court ought not to act on the principle that every procedure is to be tak..Category: Property Law | Date: | Hits: 117
Fazal Hossain (Md.) and others Vs. Md. Helal Mia & others, 2009, 38 CLC (HCD)
.... same is hereby maintained and upheld. Let copy of the judgment be sent to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 75; 30 BLD (HCD) (2010) 139. ...... same is hereby maintained and upheld. Let copy of the judgment be sent to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 75; 30 BLD (HCD) (2010) 139. ...... measuring 43 decimals which appertains to Khatian No.143 and it is specifically mention that the said deed was a deed of mortgage though it was registered as Saf kabala it was deed ofmortgage for an amount of Taka 700 followed by registered agreement, registered on the same date that is 21-9-1959 a..Category: Property Law | Date: | Hits: 138
Mostafa Chowdhury & another Vs. State & another, 1982, 11 CLC (HCD)
....e and the respective proceedings quashed, as prayed for. Let the record be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 68. ......of the partnership assets and there cannot be an entrustment of a partner's “property” as such by one partner to another because there is no "property" which can be entrusted. 6. The aforesaid principles have been consistently followed by the Dacca High Court as will be seen from the decision......nstruction as a proprietory concern through the Agrani Bank, Jindabazar Branch, Sylhet, that through the said account of Agrani Bank they have withdrawn Tk. 80,000/- and thus misappropriated the said amount. Upon such allegations, the Sub-Divisional Magistrate examined the complainant and issued w..Category: Criminal Law | Date: | Hits: 87
....ing police force and other measures as provided in the Code.
In the result, this appeal is allowed but without any order as costs.
Ed.
This Case is also Reported in: 15 BLT (HCD) (2007) 425.
......ing police force and other measures as provided in the Code.
In the result, this appeal is allowed but without any order as costs.
Ed.
This Case is also Reported in: 15 BLT (HCD) (2007) 425.
......holder petitioner.
2. It appears that the International Finance Investment and Commerce Bank Ltd. (IFIC) obtained a money decree against M/s. Marinar Fashions Wear Pvt. Limited and 5 others for an amount of Tk. 1,26,25,902.40. In due course, the decree holder filed an execution case being Money E..
Category: Civil Law | Date: | Hits: 208
lqbal Hossain Talukder (Md.) Vs. Md. Joinal Abedin Talukder and 76‑others, 2002, 31 CLC (HCD)
.... their respective costs. Lower Court Record be sent down at once. A copy of this Judgment be transmitted to Courts concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 604. ......action and negotiation matter by Pre‑emptors had been proved by testimony of Ptr W 1 and Ptr W 2 and, thus, Preemptor's claim to pre‑empt property under Pre-emption proceeding stood barred by principle of waiver and acquiescence. Akhlasur Rahman and others Vs. Safarullah and others 1994 BLD ...... their respective costs. Lower Court Record be sent down at once. A copy of this Judgment be transmitted to Courts concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 604. ..Category: Property Law | Date: | Hits: 116
Durga Rani Sutradhar Vs. Paresh Chandra Sutradhar, 2002, 31 CLC (HCD)
....ance with law and in the light of our observations given above. We prefer to make no order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 600. ......ance with law and in the light of our observations given above. We prefer to make no order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 600. ......of the contents thereof annexed, and stating‑ (a) the time of the testator's death. (b) that the writing annexed is his last will and testament. (c) that it was duly executed. (d) the amount of assets which are likely to come to the petitioner's hands and (e) when the application ..Category: Property Law | Date: | Hits: 113
Nirman International Ltd. and another Vs. Janata Bank, 2010, 39 CLC (HCD)
....r Rahman Khan, learned Advocate appearing before us who lighted us by presenting the law properly. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 57. ......of earlier order before the learned Joint District Judge referred to paragraph 8 of the said application where the petitioner placed before the Court as "according to mandatory provisions and settled principle of law related to Section 44A(1) of the Code of Civil Procedure, the judgment and decree o......s an admitted fact the decree holder Janata Bank is a financial institute within the meaning of Section 2 of Artha Rin Adalat Ain, 2003, Act VII of 2003 and this Ain provides realization of decreetal amount, as such, the execution case, as per provision of law, ought to be filed before Artha Rin Ada..Category: Civil Law | Date: | Hits: 168
Bangladesh Water Development Board and other Vs. Progati Prakaushali & another, 1996, 25 CLC (HCD)
.... legally made the award a rule of the Court. In view of 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) 335. ......ppeared before the learned Subordinate Judge on 15‑5‑1994 but they did not file any written objection on that day. Ultimately the appellant filed a written objection on 20‑7‑1994. The settled principle of law is that an application under section 33 of the Arbitration Act read with section 30......1989. After completion of the project the respondent No.1 contractor submitted his bill and claimed certain money on account of suspension of the work for 40 days. The contractor also claimed certain amount of money on account of increase in price of cement and MS rod. The respondent No.1 contractor..Category: Alternative Dispute Resolution | Date: | Hits: 606
Abdul Latif Vs. Md. Sheesh, 1982, 11 CLC (HCD)
....The valuation matter is decided in favour of the plaintiff and the learned Munsif is directed to proceed with the trial of the suit. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 205. ......The valuation matter is decided in favour of the plaintiff and the learned Munsif is directed to proceed with the trial of the suit. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 205. ......y the plaintiff as per Article 17(iii) of the Second Schedule to the Court-Fees Act was justified. As far as the valuation of the suit is concerned he found that Tk. 18,000/- has been recorded as the amount of consideration in the impugned deed. He further held that the impugned deed being a regis..Category: Civil Law | Date: | Hits: 123
Mohammad Ali Miah and others Vs. Md. Sekander Ali Haowlader, 2007, 36 CLC (HCD)
....at the rate of 15% per annum will be charged upon this amount from the date of decree till realization. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 484. ......can exercise discretion in a suit for Specific performance of contract. But it does not mean that it is open to a Court to do just what it pleases in an individual case without regard to authority or principle. Granting a specific performance is not to be claimed as matter of right. It is in the dis......h the parties, a agreement was executed on 19.12.1990 by the defendants; that under the terms and condition of the agreement dated 19.12.1990, the plaintiff was under an obligation to pay the balance amount of Taka 12,28,000/- to the defendants within 15 days of the agreement in order to execute and..Category: Civil Law | Date: | Hits: 102
....et a copy of this judgment be sent to the Director General, Department of Narcotics Control, 1, Segunbagicha, Dhaka‑ 1000 at once.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 590.
......et a copy of this judgment be sent to the Director General, Department of Narcotics Control, 1, Segunbagicha, Dhaka‑ 1000 at once.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 590.
...... supply and storage of rectified spirit and alcohol by the manufacturers and users and to keep regular and periodical watch over their stores and pharmacies including the retailers and ensure that no amount of rectified spirit of the alcohol supplied to and obtained by them under their licence etc. ..
Category: Others | Date: | Hits: 341
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