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Mayajan Bibi Vs. Monohar Ali, 1984, 13 CLC (HCD)
....r Order 9, rule 13 C.P.C. The Rule is, accordingly, made absolute without any order as to costs and the impugned order set aside. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 68. ......for such relief are made out Such was the observation made by PC. Chakravartti, CJ. of High Court in the case of Tulsiram Bhagwandas reported in AIR 1959 Cal. 379. 8. Thus in view of the settled principle of law as referred to above it is abundantly clear that the learned Munsif acted illegally......r Order 9, rule 13 C.P.C. The Rule is, accordingly, made absolute without any order as to costs and the impugned order set aside. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 68. ..Category: Procedural Law | Date: | Hits: 127
Nowsher Ali & others Vs. State, 1986, 15 CLC (HCD)
....pheld and reference is accepted. Sentence of death passed on each appellant is merely confirmed. Mohammad Sohrab Ali J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 57. ......was sufficient to commute death sentence. In order to support this contention reliance was placed an aforesaid two decisions but his Lordship A.T.M. Masud, (J) holding different view did not follow principle laid down in those decisions. 17. In the case of State Vs. Abdur Rahman and others re......ce under such special circumstance cannot be treated to be mitigating circumstance justifying lesser punishment and further if such delay is allowed to stand as mitigating circumstances it will amount to refusal to administer law as it stands and would perpetuate injustice. Leaned Deputy Att..Category: Criminal Law | Date: | Hits: 134
Noor Hossain and other Vs. State, 2002, 31 CLC (HCD)
....down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 557. ......nd it is admissible as substantive evidence. In the instant case mere reading of the dying declaration Exhibit 3 in no way helps a reasonable man to believe that the same was recorded in the light of principle so enunciated in section 32 of the Evidence Act. The evidence on record clearly indicates ......down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 557. ..Category: Criminal Law | Date: | Hits: 111
Noor Jamal Vs. State and another, 2009, 38 CLC (HCD)
....etropolitan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 531.......etropolitan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 531.......al Machinery for the petitioner Meghna Food Products and as per the said agreement the complainant Phonix Leasing Company granted the petitioner Meghna Food Products offered finance facilities for an amount of taka 30,10,000 only as the acquisition cost of the said machineries. It is further stated ..Category: Criminal Law | Date: | Hits: 103
Md. Abul Boshar Vs. Minakhi Begum & others, 2011, 40 CLC (HCD)
.... being Civil Rule No.773 (F) of 2007 is discharged. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 519....... being Civil Rule No.773 (F) of 2007 is discharged. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 519.......ant to sell her property under Mouza- Uttar Hali Shahar, District-Chittagong at a consideration of 8,07,000. Accordingly, the defendant No.1 executed a bainapatra (Exhibit-2) on receipt of an advance amount of Taka 2,07,000 in presence of the witnesses with a promise to execute the deed of sale afte..Category: Property Law | Date: | Hits: 105
....ot arbitrarily.
In the result, this Rule is discharged but without any order as to costs.
Anwarul Hoque Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 122.
......ot arbitrarily.
In the result, this Rule is discharged but without any order as to costs.
Anwarul Hoque Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 122.
......tioner Nos.4 and 5 confirmed these transfers by their letter dated 12.02.1971 addressed to the then Commerce Bank Ltd. In the said letter they also confirmed that the sale proceeds of the transfers amounting to Tk.10,07,700/- were to be credited towards the liquidation of the amounts due from th..
Category: Company Law | Date: | Hits: 162
Mrs. Saleha Khatoon Vs. State, 1984, 13 CLC (HCD)
....ceed in accordance with law and concluded expeditiously. Send down the records at once. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 109....... that forgery, done in private, be said to have been committed by a party to a proceeding within the meaning of clause (c) of section 195 Cr.P.C. so to bar private complaint. 18. It is the clear principle or interpretation of deeds and statutes that words may not be read into an enactment or ......heets covered by Annexure which are receipts of registered letters issued by port office and having done so, submitted in great details, to the effect that this is a fit case for quashment because it amounts to harassment of the petitioner, in view of the mala fide actions of interested police offic..Category: Criminal Law | Date: | Hits: 117
Sonali Bank Vs. Bengal Liner Ltd. & others, 1986, 15 CLC (HCD)
.... Except the above, the prayer of the decree-holder is allowed and the application for rectification of the drawn up order is rejected. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 105....... Except the above, the prayer of the decree-holder is allowed and the application for rectification of the drawn up order is rejected. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 105.......ip, but they have given personal guarantees in respect of the mortgage and, therefore, by submitting to the jurisdiction of the Court, they have rendered themselves liable personally for the decretal amount. 15. The decree-holder, however, has no right in this proceeding to enforce the mortgage..Category: Admiralty Law or Maritime Law | Date: | Hits: 360
Promode Ranjan Paul & others Vs. Government of Bangladesh & others, 1986, 15 CLC (HCD)
....order as to costs. The judgment and decree of the learned Subordinate Judge are set aside and those of the learned Munsif restored. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 132. ......a prayer for consequential relief by way of recovery of possession and that the question of issuance of perpetual injunction against the defendants does not arise. He has held that though the decided principle of law is that the enemy property authority or anybody claiming any interest under it in......order as to costs. The judgment and decree of the learned Subordinate Judge are set aside and those of the learned Munsif restored. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 132. ..Category: Property Law | Date: | Hits: 107
Siraj Mia (Md.) Vs. Nasima Akhter and another, 2002, 31 CLC (HCD)
....laintiff is directed to put in stamp duty and registration fee on the valuation of the suit land at Taka 1,68,000 shown in the plaint. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 554.......s also nothing on record to prove payment of balance consideration money. 11. Though in certain cases even a single witness is enough to prove the case of a party but in the present case the above principle should not be applied, specially when P.W.1 is an interested witness and further plaint ca...... between the plaintiff and the defendant No.1 and on that date the defendant No.1 handed over the possession of the suit land to the plaintiff, and the plaintiff promised that he will pay the balance amount of Taka 1,63,000 within two months whereupon the defendant No.1 will execute sale deed in his..Category: Property Law | Date: | Hits: 104
....ll the conditions which was laid down in the allotment letter, so we do not find any reason to cancel the final allotment letter for non compliance of the condition relating to the payment of further installments and the learned Advocate for the respondent also admits that the final allotment of the......the above observation. Let a copy of the Judgment and order be sent to the concerned authority for information and necessary action.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 517. ......elates to the petitioner's file and we have also heard the learned advocate for both the sides.
9. Admittedly, an allotment letter was issued in favour of the petitioner and he has deposited the amount of first installment and fulfill the conditions which was laid down in the allotment letter, ..
Category: Property Law | Date: | Hits: 115
ABM Quabil Ahmed Vs. Secretary, Ministry of Health and another, 1991, 20 CLC (HCD)
....n within a reasonable time. The Rule is, accordingly, discharged with above observation. There shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 385.......claim. In the circumstances the plea of promissory estoppel is not available to the petitioner. Had there been any assurance as claimed even then the plea could not be invoked because it is a settled principle that where a statute imposes a duty of a positive kind, not avoidable by the performance o......n within a reasonable time. The Rule is, accordingly, discharged with above observation. There shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 385...Category: Others | Date: | Hits: 154
Shahr Banoo Mohsin Asgar and another Vs. Lailun Nahar Ershad and others, 1991, 20 CLC (HCD)
.... do application on merit. There shall, however, be no order as to costs. Let a copy of this order be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 552.......rs that the same contains allegations of patent fraud committed on the court which can be adjudicated in a summary way on the basis of the court's records. Judging the allegations in the light of the principle set down above, I have, therefore, no hesitation to hold that the Assistant Judge has fall...... but that it was prepared in the last part of July, 1972 by using a blank stamp containing the signature of the defendant No.1 by antedating the document as of 15.8.71 and also that the earnest money amounting to Tk. 30,000.00 was not paid at all and that the deed of agreement made a fain mention ab..Category: Procedural Law | Date: | Hits: 130
Deputy Commissioner (Revenue), Sylhet Vs. Sudhir Chandra, 1991, 20 CLC (HCD)
.... rejected. The order passed in Civil Order No.2454/90 on 20‑12‑90 in connection with this application stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 549. ...... rejected. The order passed in Civil Order No.2454/90 on 20‑12‑90 in connection with this application stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 549. ......ndent, he can Present to the Appellate Court the case on which he applies for the review’’. Mr. Moksudur Rahman contends am making of civil Petition for leave under section 339(89) does not amount to an appeal preferred particularly because the leave was refused by order dated 12.2.90. He ..Category: Property Law | Date: | Hits: 157
Shewe Hla Prue TK Vs. Commissioner, Chittagong Division, Chittagong and others, 1992, 21 CLC (HCD)
....ithout lawful authority and to be of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 539....... Tracts Rules for removing the Headman from that post was not followed. The petitioner was forcibly retired behind his back without giving him an opportunity of being heard which was violative of the principle of natural justice. The forced retirement of the petitioner was a punishment for alleged f......ithout lawful authority and to be of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 539...Category: Others | Date: | Hits: 171
Padmabati Biswas Vs. Banglasdesh and others, 1992, 21 CLC (HCD)
....on contest against respondent No.1 and ex parte against the rest. Considering the circumstances there shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 465. ......n case of claim which are not provided for by the rules laid down in section 4(1) to 4(4) the Courts shall be guided by a local usage, if there be any, and in the absence of such usage by the general principle of equity and justice. In the case of Lopez Vs. Mudun Tahakur, 13 MIA 467 the Privy Counci......on contest against respondent No.1 and ex parte against the rest. Considering the circumstances there shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 465. ..Category: Property Law | Date: | Hits: 118
Jagendra Lal Poddar Vs. Naresh Chandra Poddar and others, 1985, 14 CLC (HCD)
....r interference. Accordingly, the appeal is dismissed but having regard to the circumstances of the case I make no order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 54. ......that being so the burden shifts to defendant No.1 who alleges self-acquisition to establish affirmatively that the property was acquired without the aid of the joint family property. Therefore, the principle laid down in the aforesaid cases does not support the appellant. Even assuming that the ......few years after the death of their father. The defendant No.1 came to Chandpur and started business there. He also borrowed Tk. 450/-from Model Bank, Chandpur and by Tk. 400/-out of the said borrowed amount he purchased the suit property. Defendant No.1 also filed an additional written statement whe..Category: Property Law | Date: | Hits: 111
Chairman, Chittagong Port Authority, Chittagong Vs. Kalipada Dey & others, 1986, 15 CLC (HCD)
....t, the Rule is made absolute without any order as to costs and the impugned order is set aside. Mohammed Abdur Rouf J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 39. ......nd follow some judicial procedure and in the absence of the procedure being provided in the I.R.O. it must be presumed the Legislators intended that Labour Court may follow its own procedure on the principle of natural justice, and can pass any appropriate order for that and unless such order ......t, the Rule is made absolute without any order as to costs and the impugned order is set aside. Mohammed Abdur Rouf J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 39. ..Category: Labour and Industrial Law | Date: | Hits: 204
GSH Jamal Vs. Surraiya Jabeen and others, 2010, 39 CLC (HCD)
....9 is hereby discharged. The ad interim order granted earlier in the Rule is also vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 493.......ent and, as such, the tenant be allowed to remain in the suit premises. 9. On the other hand, Mr. Md. Khalilur Rahman, the learned Advocate for the respondent-landlords, relying on the age old principle "once a defaulter always a defaulter" which has been approved by all the superior Courts o...... dated 22-1-1995 and, as such, the plaintiff preferred an appeal against the said order of the Rent Controller which is pending. It is alleged further that the defendant tenant did not pay the entire amount of rent as per agreement which is Taka 2,000 per day i.e. Taka 60,000 per month in the House ..Category: Tenancy Law | Date: | Hits: 190
Mamun Akbar Vs. State and another, 2012, 41 CLC (AD)
.... অবকাঠামো উন্নয়ন প্রকল্প”। The price of the land was fixed by the Government at Tk.25,000/- (Taka twenty five thousand). The accused-petitioner paid two installments amounting to Tk.2600, and failed to pay the remaining installments. So, he offered to s......rdance with section 17B of the Registration Act. But that does not stand as a bar to prosecute the accused for any criminal offence which he may have committed. 13. There is a well established principle of law that a litigant cannot benefit from this own wrong-doing. In the instant case the a......ঠামো উন্নয়ন প্রকল্প”। The price of the land was fixed by the Government at Tk.25,000/- (Taka twenty five thousand). The accused-petitioner paid two installments amounting to Tk.2600, and failed to pay the remaining installments. So, he offered to sell the land ..Category: Criminal Law | Date: | Hits: 90
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