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State Vs. Khalilur Rahman, 1995, 24 CLC (HCD)
....nced him to suffer RI for the period already undergone. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 184. ......s. Emperor, AIR 1931 Pat 339; Comming Vs. Ratnam, 1932 Mad Cr C 23 and Sarwan Sinh Rattan Singh Vs. State of Punjab, (S) AIR 1957 SC 637 (Reference: AIR 1959 Pat 362).” 10. Relying on the golden principles enunciated in the above case reported in AIR 1959 Pat 362, we may proceed to assess the e......ur Rahman dealt a sulfi blow on the elbow of his right hand causing bleeding injuries. They also caused injuries to other inmate of the house and booted away golden ornaments, sarees and cashing Taka amounting to taka 7,000.00 and departed. Hearing hue and cry witnesses arrived at the scene of Occur..Category: Criminal Law | Date: | Hits: 139
Judges of the High Court Division Vs. Ashok Kumar Karmaker, 1995, 24 CLC (HCD)
....udgment be sent to the Ministry of Law, Justice and Parliamentary Affairs of the Government of the People’s Republic of Bangladesh. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 179. ......udgment be sent to the Ministry of Law, Justice and Parliamentary Affairs of the Government of the People’s Republic of Bangladesh. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 179. ......and undoubtedly casts aspersions on the courage and ability of the Judges and by no stretch of imagination can be said that it is not written for scandalising the Judges or his authority and does not amount to contempt of Court. The article was written malafide in a tone to undermine the judiciary a..Category: Criminal Law | Date: | Hits: 149
Israil (Md.) Hossain Vs. Shah Iqbal Ahsan and others, 1995, 24 CLC (HCD)
....iable to be discharged. Accordingly, the Rule is discharged without any order as to costs. The stay order granted earlier is vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 173. ......r who obtained the Rule for the petitioner submits that he tried to contact with the heirs of the deceased defendant‑petitioner but failed. He makes another submission that according to the settled principle of law a revision does not abate and in support of his contention he cited a decision in t......iable to be discharged. Accordingly, the Rule is discharged without any order as to costs. The stay order granted earlier is vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 173. ..Category: Procedural Law | Date: | Hits: 125
....olved in all the writ petitions, these are heard together and being disposed by same judgment which will govern all the writ petitions.
Ed.
This Case is also Reported in: 51 DLR (1999) (HCD) 376.......rvice Rule, 1992 instead of following Rules 37 and 38 of the said Employees Service Rules 1992 for formal action under Rule 34 giving chance of hearing through service of show cause notices under the principle of natural justice. Since authority did not proceed take action against the employees as p......olved in all the writ petitions, these are heard together and being disposed by same judgment which will govern all the writ petitions.
Ed.
This Case is also Reported in: 51 DLR (1999) (HCD) 376...
Category: Employment/Service Law | Date: | Hits: 160
Nazrul Islam and others Vs. State, 1999, 28 CLC (HCD)
....is directed to proceed with the case in accordance with law and dispose of the same expeditiously. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 368.......is directed to proceed with the case in accordance with law and dispose of the same expeditiously. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 368.......m, Sub Assistant Engineer, Upazila Parishad, Mirpur, Kushtia submitted a project for re-excavation of a pond giving an excessive area of the pond with a malafide intention of getting sanction of more amount for the work and ultimately Taka 94,500.00 was sanctioned for the work and on the recommendat..Category: Criminal Law | Date: | Hits: 108
Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)
....sult, the FA No.129 of 1995 is dismissed without any order as to costs. Send down the lower Court records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357.......itten statements denying the material averments made in the plaint by the plaintiff contending, inter alia, in short, that, the suit is not maintainable in its present form, the suit is barred by the principle of estoppel, waiver and a that the suit is beyond the term of the insurance policy, that t......ole defendant against the judgment and decree dated 31-7-94 and 8-3-94 respectively passed by the learned Subordinate Judge, First Court, in Money Suit No.24 of 1989 decreeing the suit in full for an amount of Taka 47,13,905.70 only. 2. First Appeal No.129 of 1995 has been filed by the same defen..Category: Business or Commercial Law | Date: | Hits: 522
State Vs. Md. Bachchu Miah @ Abdul Mannan and 5 others, 1998, 27 CLC (HCD)
....RI for 6 (six) months which we find they have already served out. They must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 355.......RI for 6 (six) months which we find they have already served out. They must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 355.......। 12. Definition of confession is by now well settled in view of the decision of the Privy Council in the case of Pakala Narayan Swami that no statement that contains self-exculpatory matter can amount to confessional statement if the ex-culpatory statement is of some fact which if proved would..Category: Criminal Law | Date: | Hits: 129
Ayat Steels Limited Vs. Mohammad Ali, 2011, 40 CLC (HCD)
.... Rule being CRNo.421 (fm) of 2010 also stands disposed of accordingly. Send down a Copy of this order to the trial Court, at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 417. ......ase as it requires as per the maxim of "Caveat Emptor" Ayat Steels Ltd. searched registration office and the Registrar of Joint Stock Companies but found no charge of mortgage, registered. Therefore, principle upon which section 26 clause (b) of the Specific Relief Act has been enacted is a protecti......the loan was not repaid by the borrower as a result Islami Bank Bangladesh Limited (herein after referred to as respondent bank) instituted Artha Rin Adalat Suit No.29 of 2005 for realization of loan amount of Tk. 51,73,81735.02 before the Artha Rin Adalat, 1st Court, Chittagong impleading Capital S..Category: Civil Law | Date: | Hits: 235
State Vs. Manik Bala, 1988, 17 CLC (HCD)
....s acquitted of the charge. Let the condemned prisoner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 435.......s acquitted of the charge. Let the condemned prisoner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 435.......d prisoner, married his daughter Alo Tara 7/8 months prior to the date of occurrence; that 7/8 days before the date of occurrence his daughter Alo Tara came to his house and told him that unless an amount of Tk. 2000/00 promised to be paid at the time of their marriage was not paid the condemned p..Category: Criminal Law | Date: | Hits: 142
Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)
....em. In the face of our findings in respect of Ext. W and Z series the application is not maintainable. Accordingly, it is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 415....... In AIR 1966 SC 1300 the question was whether one partner could deal with portion of the property of the partnership firm as his own during the subsistence of the partnership. In the above fact the principle of law laid down in the said case must be applicable in the instant case. The learned Subo......ould deposit Tk.45,000/-(Taka forty five thousand) as advance within 31st December, 1973 in the personal joint account of defendant No.1 and his son Ehsanul Hasan Khan and after deposit of the said amount the defendant No.1 would dissolve the then existing firm with his 15 relations (including Ehs..Category: Business or Commercial Law | Date: | Hits: 349
Muzaffar Ali and another Vs. Monwara Hospital & others, 1997, 26 CLC (HCD)
....lier by this Court on 8-5-95 is hereby vacated and the learned Court below is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 341....... and/or in relation to performance of the aforesaid deed of agreement dated 6-3-80 as may be necessary or found to be convenient from time to time and to receive payments of sum of money due to their principles by way of balance consideration money or otherwise and to execute and/or to present kabal...... of contract. The plaintiff has performed all the obligations under the contract as modified from time to time. The plaintiff was and still is ready and willing to pay the balance consideration money amounting to Taka 28,47,000.00 to the principal defendant Nos. 1 and 2, and is also ready to deposit..Category: Procedural Law | Date: | Hits: 121
Bangladesh Vs. Abdul Aziz and others, 2005, 34 CLC (HCD)
....cree is a nullity there remains nothing to proceed with the Execution case No.2 of 1998. Send down the Lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405....... after drawing of the decree the present petitioner cannot re-agitate the points which they had agitated in Miscellaneous Case No.9 of 1998 and thus the present objection is caught by the mischief of principle of res judicata. 12. Mr. Masihuzzaman has filed supplementary affidavit on behalf of th......nt in the case it is seen that the arbitrator has given interest to the opposite party No.1 for the pre-reference period, for the period under reference and for the period till the realization of the amount and therefore he contends that on this account also the award has no legs to stand upon as it..Category: Alternative Dispute Resolution | Date: | Hits: 291
Nurjahan Begum Vs. Government of the Peoples Republic of and others, 1998, 27 CLC (HCD)
.... 2-9-87 (Annexure H) and the notice dated 24-10-1987 (Annexure-J) within one month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 426....... 2-9-87 (Annexure H) and the notice dated 24-10-1987 (Annexure-J) within one month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 426.......e why a paltry sum has been given for the structures and trees though the present market value of the same will be several lacs of takas. On enquiry from that officer they came to learn that the said amount was assessed as compensation for the petitioner’s structures and trees at the rate of 1964-..Category: Property Law | Date: | Hits: 156
Muklesur Rahman (Md.) Vs. Waziullah, 1998, 27 CLC (HCD)
....eferably within 3 months from the date of receipt of this order. Let a copy of this order be sent to the court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 418....... the learned Assistant Judge who after payment of compensatory cost set aside the ex-parte decree and restored the original suit to its original file and number. In view of this admitted fact and the principle as enunciated in the above ruling, I am also constrained to hold the view that since the d......eferably within 3 months from the date of receipt of this order. Let a copy of this order be sent to the court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 418...Category: Procedural Law | Date: | Hits: 131
....ismissed without any order as to costs. The judgment and decree passed by the trial Court is upheld.
Send down the record at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 412.
......e is discretionary, and the Court is not bound to grant such relief merely because it is lawful to do so; but the discretion of the Court is not arbitrary but sound and reasonable, guided by judicial principles and capable of correction by a Court of appeal.
The following are cases in which the C......o the plaintiff for a sum of Taka 12,00,000.00 and accordingly, an agreement was executed by the defendant on 30-7-79 on receipt of taka one lac as earnest money with the stipulation that the balance amount (amounting to Taka 11,00,000.00) would be paid at the time of execution and registration of t..
Category: Property Law | Date: | Hits: 120
Ebadat Ali Vs. Ismail Hossain Akhond & others, 1989, 18 CLC (HCD)
....uty Attorney-General as amicus curiae in this matter. Let a copy of the judgment be transmitted to the Courts below expeditiously. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 490. ......In interpreting section 5 of the Civil Courts (Amendment) Ordinance, 1983, it is reasonably wise and necessary to go by the well settled rules of interpretation of statutes and also the established principles of law as enunciated in a number of decisions of different superior Courts of the Sub......uty Attorney-General as amicus curiae in this matter. Let a copy of the judgment be transmitted to the Courts below expeditiously. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 490. ..Category: Procedural Law | Date: | Hits: 152
Sheikh Ahmed & others Vs. Abdul Alim, 1988, 17 CLC (HCD)
....ore me. I affirm the judgment and decree of the lower appellate Court. The result is the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 408.......been successful in proving his case of exclusive possession. No doubt the question of title may be looked into incidentally but decision on title in a suit for permanent injunction is not guiding principle for holding that the suit is not maintainable without partition suit. Where a plaintiff ......r a plaintiff who is a co-sharer in respect of a plot of land and is found in exclusive possession of the entire land can maintain a suit for permanent injunction against the other co-sharers. The paramount consideration which falls for consideration in a suit for permanent injunction is whether the..Category: Property Law | Date: | Hits: 95
Abu Bakar Sikder Vs. Monowara Begum (Mst.), 1989, 18 CLC (HCD)
....do not find any substance in the appeal and the same is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 403. ......an argued was that even though the deed of heba is found to be valid so far its formal condition are concerned, namely, offer, acceptance, delivery of possession, still the deed of heba is hit by the principle of Marzul Maut i.e. death illness. Mr. Sobhan strenuously argues that the plaintiff has es......do not find any substance in the appeal and the same is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 403. ..Category: Property Law | Date: | Hits: 152
....isposal in accordance with law and consonant to the observations made by this Court. The parties shall bear their respective costs.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1990) 393.
......state and cannot be regarded as an assertion of a right to hold it as separate so as to assert an adverse claim against other interested members".
8. Our Appellate Division has reiterated the same principle in the case of Abdul Jalil Sikdar and others Vs. Khorshed Ali Dakua and ors. 27 DLR (AD) 1......essing it from before the birth of Enemy Laws either by amicable arrangement or by consent". An amicable arrangement for separate possession of joint lands amongst the co-sharers by itself does not amount Co partition by metes and bounds so as to convert the joint title and possession of the co-sh..
Category: Administrative Law | Date: | Hits: 488
Md. Haider Alam Vs. State, 2012, 41 CLC (HCD)
....entence, if any. In case of his failure to do so, the law will take its own course. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......smuggling or arms recovery, local seizure list witnesses do not support prosecution case. It may happen that they do it for illegal gain or out of fear of life and honour. 13. It is a well settled principle of law that the evidence of police personnel can form the basis of conviction if they appe......entence, if any. In case of his failure to do so, the law will take its own course. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 113
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