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Shafiquir Rahman Vs. Mir Nazmul Hossain Khan & others, 1992, 21 CLC (HCD)
....he judgment and order passed by the learned Subordinate Judge is upheld but on different ground. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 428.......he judgment and order passed by the learned Subordinate Judge is upheld but on different ground. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 428.......orders for discovery and particulars as it may do in a suit: Provided that no application challenging the award shall be entertained by the Court unless the applicant has deposited in Court the amount which is required to pay under the award or has furnished security to the satisfaction of the..Category: Alternative Dispute Resolution | Date: | Hits: 362
Shahadat Hossain Vs. Executive Engineer, City PWD Division, Dhaka and others, 1992, 21 CLC (HCD)
....d without lawful authority and to be of no legal effect. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 420.......at the petitioner was not given any show cause notice or heard before cancellation of the lease and so the order of cancellation of the lease is illegal and without jurisdiction being contrary to the principles of natural justice. It is further stated by the petitioner that he had himself observed a......d without lawful authority and to be of no legal effect. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 420...Category: Property Law | Date: | Hits: 133
Rahima Begum Vs. Md. Abdul Baten, 1990, 19 CLC (HCD)
.....73 of 1983 is set aside and the order passed on 16.8.77 by the Circle Officer (Rev) Sreepur in Case No.3 of 1976‑77 is restored. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 414........73 of 1983 is set aside and the order passed on 16.8.77 by the Circle Officer (Rev) Sreepur in Case No.3 of 1976‑77 is restored. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 414.......e appellant Abdul Baten is entitled to have his alienated land in question restored as per provisions of the said Ordinance. There is, however, no direction in the order as to the re‑payment of the amount of the consideration money as provided in section 4(2)(b) thereof. It is against this appella..Category: Property Law | Date: | Hits: 110
....assed by the 1st Labour Court, Dhaka in I.R.O. Case No.267 of 1988 is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 341.
...... Court but exclusively in some other body."
11. Apart from the fact that the points at issue in the case reported in 33 DLR (AD) page 305 are not at all similar to those in the case before us, the principles of law involved therein and the context in which the above observations of Asquith, L.J.,......assed by the 1st Labour Court, Dhaka in I.R.O. Case No.267 of 1988 is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 341.
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Category: Procedural Law | Date: | Hits: 273
Zehad Ali Vs. Kharshed Ahamed & others, 1984, 13 CLC (HCD)
..... In the facts and circumstances of the case, there would however be no order as to cost. Let the records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 336. ......62 (265) however, refused to convert the petition for revision into an appeal as the prayer for conversion was made about four years after the revisional application was filed although reiterated the principle of conversion by quoting with approval a portion of commentary on section 115, C.P.C. "Whe......s of the date of receipt of the record from this Court". 7. The appeal thereafter was again heard by the District Judge who held :-(a) Defendant-appellant was not a defaulter having an un-adjusted amount of Tk. 6,800/- as security deposit with the landlord, (b) Running of a barber shop in the sui..Category: Property Law | Date: | Hits: 115
Chittagong Port Authority Vs. Hong Kong Shipping Lines & others, 1989, 18 CLC (HCD)
....judgment and decree of the lower appellate Court and dismiss the suit against the defendants. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 332. ...... contention by saying that the question relates to the maintainability of the suit for want of notice and is a question of law which can be raised even at the last Court of appeal. It is well settled principle of law that a question of law can be raised even in the Court of last resort even though n...... those undelivered drums by the Port Authority and as a result of non-delivery of those drums the consignee suffered loss of Tk. 3.900/-. The consignments were insured with the plaintiff who paid the amount claimed by the consignee under a letter of subrogation. The plaintiff filed suit for realisat..Category: Business or Commercial Law | Date: | Hits: 397
....t lawful authority and that those are of no legal effect.
The Rule is accordingly made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 326.
......hittled down by any device. It cannot be even accepted that an acquisition proceeding may be started without any agreement, but if a subsequent agreement is reached then it amounts to validation. The principle of subsequent validation cannot be entertained in a matter where the property rights of th......n precedent. It cannot be whittled down by any device. It cannot be even accepted that an acquisition proceeding may be started without any agreement, but if a subsequent agreement is reached then it amounts to validation. The principle of subsequent validation cannot be entertained in a matter wher..
Category: Property Law | Date: | Hits: 116
Abdus Salam Vs. Chief Election Commissioner and others, 1989, 18 CLC (HCD)
....fore, find that this Rule does not merit any interference. In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 324. ......airman by urging fresh facts which were known to him as a candidate before he filed Writ Petition No.849 of 19M and which he could have urged in the said Writ Petition also. Mr. Paul submits that the principle of estoppel by judgment will operate in the present case and the petitioner will be estopp......pted this position in his earlier affidavit-in-opposition. The Returning Officer has also confirmed this fact. So, he submits, there is no disputed question of fact. Facts are all admitted. 11. No amount of consent by the respondent or any election official or no amount of agreement between the p..Category: Election Law | Date: | Hits: 215
Md. Seru Mia and another Vs. State, 2011, 40 CLC (HCD)
....in Session Case No.1 of 1994 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J.- I agree. This Case is also Reported in: ......was not supposed to use the note unless there was a contract between the two appellants. It also indicates that they were having knowledge of the forged or counterfeit note. But it is the established principle of criminal law that to award punishment upon a person, law must be construed strictly and......in Session Case No.1 of 1994 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J.- I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 111
.....90. As the hearing could not be completed, we heard the matter to-day, the 17th February, 1990, Saturday and delivered the judgment.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 316.
......e the activities of the two Local Government Institutions.
9. In support of his contention that the amendment has been brought within the permissible limit of Article 27 of the Constitution, the principles of law enunciated by the different Courts of this subcontinent, particularly in India and...... a case be legitimately stretched so as to throw the impossible onus on the complainant to prove affirmatively that there are other individuals or class of individuals, who also possess the precise amount of the identical qualities which arc attributed to him so as to form a class with him."
36..
Category: Election Law | Date: | Hits: 391
Trade Multi Plex and another Vs. Artha Rin Adalat and another, 2010, 39 CLC (HCD)
.... of judgment. The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 533....... of judgment. The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 533.......003. 2. Facts necessary for the disposal of the rule, in short, are as follows: 3. Petitioner No.1 Messrs Trade Multi Plex and its proprietors petitioner No.2 Rashed Mehfuz Khan took loan of an amount of Taka 4,80,000 from Janata Bank Ltd., Corporate Branch, MK Road, Jessore (hereinafter refer..Category: Civil Law | Date: | Hits: 157
Tarique Rahman Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....y, the Rule is discharged without any order as to costs. The trial Court is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ......t that was lawful when it was done. Referring to the decisions of Marks Vs. United States, 430 US 188 (1977) and Beazell Vs. Ohio, 269 US 167 (1925) Professor Bernard Schwartz observed: "The basic principle is that person have a right to fair warning of that conduct which will give rise to crimin......e Cantonment Police Station under sections 2/4(2) of the Money Laundering Prevention Act, 2009 implicating the accused petitioner along with others stating, inter alia, that accused No.1 deposited an amount of Tk.20,41,843 in Account No.158052, City Bank and concealed the same. Besides, the accused ..Category: Criminal Law | Date: | Hits: 112
Abdul Kashem Vs. University of Chittagong, 2008, 37 CLC (HCD)
....946, examination held in the year 1983 as early as possible preferably within 2(two) months from the date of receipt of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 518. ......he writ petition, impugned Memo and the annexure thereof and submits that the University authority without hearing the petition cancelled the certificate of the petitioner which is clear violation of principle of natural justice. He further submits that the Chittagong University formed an enquiry co......946, examination held in the year 1983 as early as possible preferably within 2(two) months from the date of receipt of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 518. ..Category: Others | Date: | Hits: 186
Nur Hossain Miah & others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....ce of the rules is hereby recalled. Let a copy of this Judgment be transmitted to the Chairman, Anti-Corruption Commission, Dhaka. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 514. ......54 dated 19-03-09 under section 5(2) of the Prevention of Corruption Act, 1947 and sections 420/409/109 of the Penal Code, pending before the Court of Chief Metropolitan Magistrate, Dhaka. 12. The principle of criminal jurisprudence is that a person concerned should submit to the process of justi......ce of the rules is hereby recalled. Let a copy of this Judgment be transmitted to the Chairman, Anti-Corruption Commission, Dhaka. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 514. ..Category: Criminal Law | Date: | Hits: 107
Md. Omar Ali Mondal and others Vs. Md. Abdul Hamid and others, 2012, 41 CLC (AD)
....on proper appreciation of law and facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in:......f the plaintiffs, the High Court Division as well as the lower appellate Court came to a finding that they could not prove possession of the plaintiffs in the suit land. 7. It is now well settled principle that the plaintiff is to prove his own case and that weakness of the case of the defendant......on proper appreciation of law and facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in:..Category: Property Law | Date: | Hits: 101
SM Sabbir Hasan Vs. State, 2011, 40 CLC (HCD)
....ermitted to take back the certified copies of the annexures on substituting with photo copies of the same, except the impugned order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 368. ......ermitted to take back the certified copies of the annexures on substituting with photo copies of the same, except the impugned order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 368. ......sed-petitioner called him to his office and he informed the matter to RAB-7, Chittagong and on their advise he went to the office of the accused-petitioner with Taka 10 lakhs and handed over the said amount to the accused-petitioner as bribe money, but he got the above act recorded in video camera a..Category: Criminal Law | Date: | Hits: 111
Commissioner of Customs, Chittagong Vs. Tectonics and others, 2010, 39 CLC (HCD)
....al. Accordingly, we find no merit in this rule and the rule is thus discharged without cost. Thus, the Customs Appeal is dismissed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 367. ......al. Accordingly, we find no merit in this rule and the rule is thus discharged without cost. Thus, the Customs Appeal is dismissed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 367. ......dent No.1 preferred an application to the Review Committee against the said assessment order. The Review Committee on hearing the parties directed for reassessment of the valuation of the goods to an amount less than 30% as received from the Embassy about diplomatic price. As against the said order,..Category: Procedural Law | Date: | Hits: 111
....t, Dhaka in Title suit No.83 of 2007 rejecting the plaint of the suit is maintained and upheld.
Send down the lower Court records.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 359.
......t, Dhaka in Title suit No.83 of 2007 rejecting the plaint of the suit is maintained and upheld.
Send down the lower Court records.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 359.
......t, Dhaka in Title suit No.83 of 2007 rejecting the plaint of the suit is maintained and upheld.
Send down the lower Court records.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 359.
..
Category: Employment/Service Law | Date: | Hits: 175
Afifa Sultana Vs. Judge, Artha Rin Adalat and others, 2011, 40 CLC (HCD)
....as to costs. The order of stay granted earlier by the Court stands vacated. Communicate the judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ......writ petition is not maintainable against the judgment and decree passed by the Artha Rin Adalat as alternative forum of appeal is available under section 41 of the Ain. 19. By now it is a settled principle of law that a judgment and decree passed by the Artha Rin Adalat cannot be challenged in w...... Purana Paltan, Dhaka (hereinafter stated as the Bank). The Bank instituted Title Suit No.45 of 2003 on 21-4-2003 before the Joint District Judge and Artha Rin Adalat No.4, Dhaka for recovery of loan amounting to Taka 51,46,231.10 against the petitioner, the Company and its directors. After the Arth..Category: Civil Law | Date: | Hits: 269
Machafrue Magni Vs. Seman Magni & others, 1988, 17 CLC (HCD)
....al has no substance. In the result, the appeal is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 457. ......d step brothers it is natural that the first should exclude the second and the second should exclude the third. In the instant case the rival claimant is elder full sister and younger half sister, so principle of law enunciated in the case cited fully covers the present case. It is to be mentioned t......al has no substance. In the result, the appeal is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 457. ..Category: Property Law | Date: | Hits: 107
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