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Monwar Ali Vs. Dhaka Club Ltd. & others, 1996, 25 CLC (HCD)
....28.2.96 is hereby vacated. No order as to costs. The office is directed to send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 492. ......ret the same and to comment which is needed. But in the present part of the litigation which is before me, I should not, so I refrain from doing so. At this stage, I am also restrained by the Settled principle of law to comment on the merits of the case of the parties that may prejudice other party ......refore, according to him, there is nothing malafide or illegal having been done by the club authority against the petitioner. Mr. Bhuiyan also submits that temporary injunction if granted it will tantamount to interference with the internal affairs and administration of the club which is a private c..Category: Civil Law | Date: | Hits: 110
Shahryar Murshed and others Vs. Principal, Chittagong Medical College and others, 1994, 23 CLC (HCD)
.... any lawful authority and, as such, is of no legal effect. The Rules are accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 482. ......d Advocate emphatically submitted that the impugned order of expulsion from the Medical College for ever is illegal, mala fide and has been made without lawful authority in flagrant violation of the principle of natural justice, as before making such an order no notice to show cause was saved on t......lf if the period of expulsion exceeds 12 months. Therefore, it is argued that the imposition of punishment for expulsion for more than 12 months and in the instant case expulsion for ever which tantamount to expulsion for life is not warranted by any law regulating the conduct of the students an..Category: Others | Date: | Hits: 168
Ansarul Huque Vs. Agrani Bank, 1996, 25 CLC (HCD)
....tiously as possible preferably within three months from the date of receipt of the Judgment. Our order dated 12‑2‑96 is recalled. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 479. ......tiously as possible preferably within three months from the date of receipt of the Judgment. Our order dated 12‑2‑96 is recalled. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 479. ......ubmits that it was a mistake on his part to have mentioned at the beginning that these cases are based on promissory notes and that, in fact, these are not deposit receipts but cheques relating to an amount of Taka 1,70,000.00 Taka 3,45,000.00 and Taka 2,00,000.00 respectively. His point is that bei..Category: Civil Law | Date: | Hits: 87
....aring and Forwarding License of the petitioner is declared to have been issued without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 49.
......n is not maintainable. Without initiating any proceeding or even without issuing any notice the action impugned against was taken by the respondent No.1 which in our view is certainly in violation of principle of natural justice and also flouts the provision of Article 40 of the Constitution by whic......aring and Forwarding License of the petitioner is declared to have been issued without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 49.
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Category: Business or Commercial Law | Date: | Hits: 656
Asgar Ali Mia and others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... (F) of 2004 is disposed of accordingly. However, there will be no order as to costs. Sent down the lower Court's records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 37.......ants No.1 to 3 filed a joint written statement denying the materials allegations made in the plaint and contenting inter-alia that the suit is not maintainable in its present form and barred by the principles of waiver, acquiescence and estoppel. Their further contentions are that the plaintiffs h...... (F) of 2004 is disposed of accordingly. However, there will be no order as to costs. Sent down the lower Court's records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 37...Category: Property Law | Date: | Hits: 147
Mannaco Lab. Ltd. Vs. General Certificate Officer & Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)
....ted 29.2.88 issued by the respondent No.1 in the aforesaid certificate case are without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 159. ......ted 29.2.88 issued by the respondent No.1 in the aforesaid certificate case are without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 159. ......uired for completing the project. The petitioner accordingly applied for additional loan and on 12.2.81 an additional loan of Tk. twenty lakhs was sanctioned. So the total loan provided by the Bank amounted to Tk.34, 24,520/- only. Out of the loan sanctioned, the Bank deducted Tk.4, 53,343/- as in..Category: Civil Law | Date: | Hits: 171
Ayezuddin Sheikh & others Vs. Abdul Karim Sheikh & others, 1989, 18 CLC (HCD)
....oncerned. In the facts and circumstance of the case, there will be no order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 154. ......d and finally decided by any of the Courts. Mere showing that a matter directly and substantially in issue in both the suits or cases or proceedings, is not enough to attract the operation of the principle of res judicata. It has to be shown that such a common issue has been heard and finally de......intainable in as much as the learned Munsif did not reject the plaint of Title Suit No.173 of 1983 under Order 7, rule 11 of the C.P.C. by his Order No.8 dated 12.1.84 and as such it was not an order amounting to a decree to be appealable. 8. Mr. Gazi Siddique Ahmed, the learned Advocate appear..Category: Procedural Law | Date: | Hits: 174
Abdus Sukur Mia Vs. State, 1994, 23 CLC (HCD)
....gly ordered. The appeal is thus dismissed with the above modification of sentence only. Send down the records of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 228. ......attempted to cause death or grievous hurt to bar will not come within the mischief of section 6 of the Ordinance." 12. Mr. Mamun, the learned Assistant Attorney‑General, does not differ with the principle settled in the aforesaid decision but his contention is that the same will not help the ac......t the reason of her killing was dowry and that one day Suily had told him “Uncle, can you save my life by giving Taka 3000.00 then he had told this to the father of the victim who had paid her that amount by selling his land. He alleged that what he had stated before the Daroga was not fully recor..Category: Criminal Law | Date: | Hits: 135
Tara Mohan Barman Vs. Ananda Mohan Barman & others, 1995, 24 CLC (HCD)
....tay order granted earlier by this Court is hereby vacated. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 226. ......im their share in the suit land. No document or authentic paper is produced by plaintiff to show the relinquishment of their share by Girish Chandra and Sukmon in favour of Darika Nath. It is settled principle of law that relinquishment does not create any title in favour of the person in whose favo......tay order granted earlier by this Court is hereby vacated. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 226. ..Category: Property Law | Date: | Hits: 123
Abdul Ghani Khan Vs. Abdul Rashid Khan & others, 1989, 18 CLC (HCD)
....ade absolute. The judgment and decree passed by the learned Small Cause Court Judge are set aside and the suit is decreed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 147. ......ade absolute. The judgment and decree passed by the learned Small Cause Court Judge are set aside and the suit is decreed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 147. ......ouse Rent Control Case No.38 of 1984 and as such they are not defaulters. The defendant’s further case is that they paid rent to the Government and taxes to the Pourashava for the suit premises amounting to more man Tk.500/-. The plaintiff demanded illegal money for the premises from the ..Category: Tenancy Law | Date: | Hits: 214
Satya Ranjan Sarda Vs. State, 1989, 18 CLC (HCD)
.... be quashed. In the result, the Rule is made absolute and the proceedings of Special Tribunal Case No.2 of 1989 is hereby quashed. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 142. ......ance of the offence under section 25B and 25D of the Special Powers Act and issued warrant of arrest against the accused petitioner. The Special Tribunal appears to have taken cognizance on the principle that there is no bar under the Statute for the Tribunal to take cognizance of the offenc...... section 25B and 25D by the learned Sessions Judge and Special Tribunal No.1 as being illegal and prayed for quashment of the proceeding on the ground that the continuation of the proceeding will amount to the abuse of the process of the Court. 6. Mr. Jamir Uddin Sircar, the learned counsel a..Category: Criminal Law | Date: | Hits: 103
Ahmed Silk Mills Ltd. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)
....ustice and as such it does not call for any interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 140. ......ustice and as such it does not call for any interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 140. ......luation in the Foreign Currency Loan Account and prayed for injunction from realising Tk.1,10,45, 529/00 from the petitioner and also prayed that the calculation of the Shilpa Bank of the said loan amount be reduced accordingly and a decree be passed for recovery of Tk. 19.38,963.66 against the op..Category: Civil Law | Date: | Hits: 119
Delwar Hossain (Md.) Vs. State, 2009, 38 CLC (HCD)
....istry of Homes Affairs and Inspector General of Police for future guideline with regard to the investigation. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 32; 30 BLD (HCD) (2010) 490. ......ent condition of law and order situation in the country and, as such, it is not unlikely that a witness will hesitate to tell the truth for fear of his life." 28. We are fully agreed with the said principle of law enunciated in the said cases. Now, question is how far these are applicable in the ......istry of Homes Affairs and Inspector General of Police for future guideline with regard to the investigation. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 32; 30 BLD (HCD) (2010) 490. ..Category: Criminal Law | Date: | Hits: 128
Sheikh Hasina Vs. State & another, 2010, 39 CLC (HCD)
....of Tejgaon PS Case No.34(8) 2002, now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 26. ......of Tejgaon PS Case No.34(8) 2002, now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 26. ...... that facts as disclosed against the petitioner are so preposterous that even on the admitted facts, no case would stand against her and, as such, the further prolongation of the prosecution case tantamount to harassment of the petitioner and an abuse of the process of the Court. In the above circum..Category: Criminal Law | Date: | Hits: 106
Rajshahi Girls' High School, Rajshahi and others Vs. Md. Abdul Mannan, 1995, 24 CLC (HCD)
....opposite party No.1 has failed to prove his case on merits and, as such, the suit is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 472. ......s and communicated vide Memo No.4 of 1986 dated 26‑6-86 removing the plaintiff from the service of Assistant Headmaster of Rajshahi Girls High School, Rajshahi is illegal, collusive and against the principle of natural justice and also with a prayer for decree of permanent injunction restraining t......poor progress does not make an order of termination punitive discharge. 'Me reason is that discharge of an employee in terms of the contract or service rules cannot be treated as penalty and does not amount to dismissal or removal. In one case the order of discharge made adverse comments against the..Category: Employment/Service Law | Date: | Hits: 166
Md. Nurul Islam Vs. Nur Ayesha Begum, 2007, 36 CLC (HCD)
....'s records at once along with a copy of this judgment to the Courts below for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 10; 7 LG (HCD) (2010) 300. ......until the decree is passed. In this case where husband accused charged his wife of adultery so in such a situation I find no alternative to pass an order of separation (divorce). 36. It is settled principle that if the marriage was consummated, the wife is entitled to get her whole of the unpaid ......divorce women before consummation or the fixation of their dower; but bestow on them (A suitable gift), The wealthy according to his means, and the poor according to his means; a gift of a reasonable amount is due from those who wish to do the right thing. And verse (237) "And if ye divorce them ..Category: Family Law | Date: | Hits: 202
Habibur Rahman Bhuiyan (Md.) and others Vs. Galman Begum and others, 2011, 40 CLC (AD)
....my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:64 DLR (AD) (2012) 133. ......gs of the trial Court overlooking the findings of the Court of appeal below which has decided the issue on the basis of the materials on record. The High Court Division failed to notice the settled principle of law and interfered with the judgment of the appellate Court without assigning reaso......ourt of appeal, on the other hand, after reassessment of the evidence of P.Ws.1-4 held that the pre-emptor's witnesses had admitted the pre-emptee’s claim of development of the case land except the amount of costs spent towards such development, that the improvement and constructions were made i..Category: Property Law | Date: | Hits: 138
Makbul Ali & others Vs. Manwara Begum & others, 1987, 16 CLC (HCD)
....o.2 is hereby set aside after being quashed. She is to be released from her bail bonds immediately. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 181.......o.2 is hereby set aside after being quashed. She is to be released from her bail bonds immediately. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 181.......me. 11. Sub-section (5) of section 6 of the Ordinance provided that:- "Any man who contracts another marriage without permission of the Arbitration Council shall (a) Pay immediately the entire amount of dower whether prompt or deferred due to existing wife or wives, which amount, if not so pa..Category: Family Law | Date: | Hits: 193
State Vs. Tajul Islam and 8 others, 1992, 21 CLC (HCD)
.... a copy of this Judgment be forwarded to the learned Additional Sessions Judge Brahmanbaria, for action in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 305. ......tion invite the application of section 34 of the Penal Code. In offences involving physical violence, normally presence at the scene of the offence of the offender sought to be rendered liable on the principle of joint liability is necessary but such is not the case in respect of other offences wher...... a copy of this Judgment be forwarded to the learned Additional Sessions Judge Brahmanbaria, for action in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 305. ..Category: Criminal Law | Date: | Hits: 139
....rim bail to the petitioner is recalled and he is directed to surrender before the Magistrate by 19‑6‑96. Send down the LCR at once.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 529.......rim bail to the petitioner is recalled and he is directed to surrender before the Magistrate by 19‑6‑96. Send down the LCR at once.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 529.......tigation or further investigation in the case. Judicial inquiry is an independent inquiry and such an inquiry is held under provisions of section 202 of the Code of Criminal Procedure and it does not amount to re‑opening of a case as argued by the learned Advocate for the petitioner.
4. As rega..
Category: Procedural Law | Date: | Hits: 131
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