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Anwar Ali Vs. State, 1987, 16 CLC (HCD)
....ction. 16(3) read with section 16(I) (a) of the Special Powers Act. He may be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 450. ......ction. 16(3) read with section 16(I) (a) of the Special Powers Act. He may be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 450. ......No.27/85 and sentenced to suffer R.I. for 3 years and to pay a fine of Tk. 7,00,000/-, in default, to suffer R.I. for 1 year more. The sentence passed shall run from the date of his apprehension. The amount of fine shall be realised by attachment or sale of moveable property standing in his name a..Category: Criminal Law | Date: | Hits: 108
Haji Karamat Ali Master Vs. Lehajuddin Talukder & others, 1988, 17 CLC (HCD)
....d cancelled. A copy of the decree be sent to the Sub-Registrar concerned for necessary note in the relevant book maintained by him. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 447.......d cancelled. A copy of the decree be sent to the Sub-Registrar concerned for necessary note in the relevant book maintained by him. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 447.......greement on 30.5.78 corresponding to 15th Jaistha 1385 B.S., and delivered possession of the lands. Accordingly defendant No.2 executed in his favour the disputed kabala on receipt of the balance amount of Tk.1000/- on 9.2.79 corresponding to 26th Magh, 1385 B.S. at Barguna. But as the time fo..Category: Property Law | Date: | Hits: 82
Dr. Suraiya Hossain Vs. Taherunnessa, 1988, 17 CLC (HCD)
....d for them to vacate. In the facts and circumstances of the cases there will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 441.......d for them to vacate. In the facts and circumstances of the cases there will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 441....... and fixtures including sanitary and other equipments that may be damaged by the defendants during the tenancy. According to the terms of the agreement the tenant is entitled to receive back the said amount when vacant possession would be handed over. 6. The tenancy continued and there was no tro..Category: Property Law | Date: | Hits: 88
....lt all the three appeals are dismissed but in the facts and circumstances of the case we direct the parties to bear their own costs.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 125.
......Scott Vs. Avery and others was given by the House of Lords in 1855-1856.
16. The (Indian) Contract Act was enacted in 1872 and it appears that section 28 of the Contract Act embodied the aforesaid principle of common law enunciated in the case of Scott Vs. Avery. Section 28 of the Contract Act is......ompanies estimated the extent of damage to the insured properties and the Controller of Insurance subsequently appointed a second surveyor to do the same job. A difference having arisen as to the amount of loss or damage sustained by the appellant, both the appellant and the insurance companie..
Category: Business or Commercial Law | Date: | Hits: 290
Emdadul Hoque Miah Vs. People's Republic of Bangladesh, 1989, 18 CLC (HCD)
....ted 17.10.87 is illegal and has been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 110.......vit-in-opposition asserting that the suspension order in question was issued by way of misusing the power by the prescribed authority in violation of statutory provision of law and has offended the principle of natural justice. The respondent thereafter filed supplementary affidavit stating that......ted 17.10.87 is illegal and has been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 110...Category: Others | Date: | Hits: 175
Alam Ara Huq Vs. Govt. of Bangladesh and others, 1989, 18 CLC (HCD)
....judgment and order be transmitted to the Secretary, Ministry of Home Affairs immediately for his perusal and necessary future action. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 98. ......, 3, 4 and 5 show that there are no specific and definite allegations therein and these are vague and are in general terms. As such, all these four grounds suffer from vagueness. It is also a settled principle that even if one of the several grounds of detention is found to be vague the whole order ......judgment and order be transmitted to the Secretary, Ministry of Home Affairs immediately for his perusal and necessary future action. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 98. ..Category: Criminal Law | Date: | Hits: 107
State Vs. Lokman Miah, 1995, 24 CLC (HCD)
....the accused Lokman Miah by the Additional Sessions Judge, Narayanganj in Sessions Case No.50 of 1988 on 15.6.92 is hereby set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 149. ......sional statement can be used in order to corroborate the prosecution case to base conviction. The learned Additional Session Judge appears to have also come to the conclusion that there is no settled principle of law that confessional statement could, not be accepted in part and he observed that par......rently incredible.” In the case of Hanumant Govind Nargundkar Vs. State of Madhya Pradesh, AIR 1952 (SC) 343 where in it is held. "It is settled law that an admission made by a person whether amounting to a confession or not cannot be split up and part of it used against him." 27. These d..Category: Criminal Law | Date: | Hits: 73
Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....1991 having not been before this Court, the impugned Ordinance having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. ......ugh restricted by the provision of the Constitution. In the instant case, the vires of certain legislation has been challenged. It is alleged to be ultra vires of the Constitution. This is a cardinal principle of the interpretation of Statute and also the provisions of the Constitution which is also......er Article 39 when it is not the legal position as in fact there is no constitutional guarantee of a secret ballot and this cannot even be read into the Constitution by implication because that would amount to legislation. Parliament is the supreme law making authority and the only law making author..Category: Constitutional Law | Date: | Hits: 414
MG Jilani Vs. Md. Wahed Uddin Sardar, 1989, 18 CLC (HCD)
....ut any order as to costs. The order of stay granted by this Court is vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 348. ......ut any order as to costs. The order of stay granted by this Court is vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 348. ...... well as to some other documents of the defendant, namely, Ext. C Series, Ext. C is a money order receipt and Ext. C (1) is the postal Money Order Form sent to the plaintiff‑opposite‑party for an amount of Taka 300'00 in which the defendant-petitioner himself remitted the said amount of the re..Category: Civil Law | Date: | Hits: 140
SM Shafiul Azam and others Vs. Director of Labour and others, 1991, 20 CLC (HCD)
.... effect. Let the order passed by this court earlier staying the further proceeding of criminal case No.10 of 1990 be vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 582.......es permission to launch a prosecution according against the employer And the Director is to be so satisfied at the placed before him and after proper enquiry with notice to all parties concerned. The principle of natural justice should be strictly followed in the matter of such inquiry and the Direc......ndent No.5 there was no occasion for the Director of Labour in according permission to a union whose legitimacy was under challenge. Whether the termination of services and transfer of some employees amounted to unfair labour practices would be decided in the cases filed by the concerned employees i..Category: Labour and Industrial Law | Date: | Hits: 176
M M Rahmatullah Vs. State, 1992, 21 CLC (HCD)
....cated. The learned Special Judge is directed to hold the trial expeditiously. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 576. ......he process of the court. He has referred to a decision reported in 24 DLR 287 and also the case reported in 28 DLR (AD) 38 in all the decisions of the superior courts of this sub‑continent the same principle has been laid down with regard to the quashment of a criminal case. It is established now ......,93,550.00 per katha for plot No.49 while one Mr. Golam Kibria offered Tk.1,92,000.00 per katha for plot No.49A. The Dhaka Improvement Trust, as it then was, did not accept the offer holding that the amount was inadequate and decided to construct a building of their own on the same land. Later on wh..Category: Criminal Law | Date: | Hits: 81
Lal Banu Bibi and others Vs. Nourjan Banu, 1986, 15 CLC (HCD)
....ded but no fresh evidence will be admitted. Cost will abide by the result of the suit. Send down the lower Court's records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 519.......lity. To support this contention reliance was placed on the decision reported in 6 DLR page 156. I regret, I am unable to subscribe to the view of the learned counsel regarding the application of the principle enunciated in that decision. We have no quarrel with the proposition laid down in that dec......ded but no fresh evidence will be admitted. Cost will abide by the result of the suit. Send down the lower Court's records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 519...Category: Property Law | Date: | Hits: 134
Kazi Mohammad Elias Vs. Firdous Ara @ Sara, 1989, 18 CLC (HCD)
....te and the proceedings in the Petition Case No.461a1 of 1987 pending in the Court of Chief Metropolitan Magistrate, Dhaka, are quashed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 516.......an, is said to kidnap such minor or person from lawful guardianship." 7. After going through the said decisions cited by the learned Advocate for the petitioner, we are of the opinion that correct principle of law has been enunciated in those decisions. In the light of the said decisions it is ......irtue of that order. If the father who was living separately forcibly took away the minor girl from the keeping of the lawful guardian without the consent of such lawful guardian action of the father amounted to kidnapping. In this case the Court after decreeing the suit for divorce directed that th..Category: Family Law | Date: | Hits: 255
Bangladesh Inland Water Transport Authority Vs. United Trading Corporation, 1989, 18 CLC (HCD)
....der of the learned Subordinate Judge cannot be sustained. In the result the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 513.......der of the learned Subordinate Judge cannot be sustained. In the result the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 513....... tanker from the middle of October, 1969 to 12.8.72, a further sum of Tk. 79,189.61 as interest at the rate of 6% per annum from 12.8.72 to 12.7.75, in total Tk. 5,22,820.79. The plaintiff gave up an amount of Tk. 22,820.79 as interest and made a net claim of Tk. 5,00,000/- in the suit. 4. The de..Category: Civil Law | Date: | Hits: 142
Janata Bank Vs. Mohiuddin Specialised Textile, 2009, 38 CLC (HCD)
....aid amount from the defendant with interest there on till its realization. It appears from the impugned Judgment and decree that the Court below although decreed the suit as a whole to be paid by six installments but did trot allow interest upon the decretal amount till its realization." 14. From...... for sale the Court has to pass a preliminary decree in terms of Rule 2(1) of Order XXXIV and that the Court has no option but to award interest pendent to the mortgagee. In a suit for redemption the principle is not very different because the preliminary decree therein has to be passed under Order ......ctioned loan of Taka 15,00,000 + 2,00,000 = total 17,00,000 on 8-7-1989. Defendant defaulted in paying the loan and it pile up to Taka 21,86,194 and after request, when defendant did not pay the said amount or did not take any step for repaying the loan, that suit was filed. The defendant filed writ..Category: Civil Law | Date: | Hits: 141
Khondker Abdul Majed Vs. Tarapada Dey, 1999, 18 CLC (HCD)
....to costs. The order of stay passed earlier by this Court is hereby vacated. Communicate the order to the trial Court expeditiously. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 336. ......e evidence adduced and the Court has wide discretion in such matter. Mere acceptance of the report should not give rise to any apprehension in the mind of the litigant.” In view of the aforesaid principle of law I am of the view that, there is nothing to be prejudiced or apprehensive of the res......to costs. The order of stay passed earlier by this Court is hereby vacated. Communicate the order to the trial Court expeditiously. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 336. ..Category: Civil Law | Date: | Hits: 122
Abdul Quayuam Khan Vs. Abu Yusuf Mridha, 1997, 26 CLC (HCD)
....e date of such information the period of payment of the amount in question should be calculated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 386. ......e date of such information the period of payment of the amount in question should be calculated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 386. ......adat Mridha being a poor man took a sum of Taka 2500.00 from Jamir Hossain, predecessor of defendants 1-8 and executed a deed of sale for the suit property on the understanding that if he returns the amount the property would be returned back to him and accordingly, a deed of sale was executed and r..Category: Procedural Law | Date: | Hits: 129
Delicia Dairy Food Ltd. Vs. Collector of Customs and others, 1998, 17 CLC (HCD)
....should be discharged on the said ground. In view of the discussion made above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 381.......should be discharged on the said ground. In view of the discussion made above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 381.......urther order or orders passed as to this Court may seem fit and proper. 2. By the impugned order petitioner was directed to deposit within 15 days from the date of receipt of the impugned order an amount of Taka 8,06,025.00 which was short-levied in respect of the merchandise imported by the peti..Category: Fiscal/Taxation Law | Date: | Hits: 189
Sourja Bala Devi Vs. Habibullah Sheikh, 1989, 18 CLC (HCD)
....rovision of Order 41 Rule 27 of the Code of Civil Procedure. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 463.......rovision of Order 41 Rule 27 of the Code of Civil Procedure. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 463.......suffered from defect of party as all the heirs of deceased Luthfur Rahman were not made a party that the applicant did not deposit under sub-clause (3)(b) of Section 174 of the Bengal Tenancy Act the amount recoverable from the judgment-debtor and that the petitioner failed to prove fraud practiced ..Category: Property Law | Date: | Hits: 106
Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)
....ucation as education makes a man a bit responsible. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 483. ...... outcome can only be that one of them, is or is not liable to do or refrain from doing something at the suit of the other. If there is no defendant whose liability can be established according to the principles of the law, then the plaintiff is left without redress. 27. As will be seen, much of t...... and proved, general damage is implied. The principle of restitution in integrum is appropriate to pre-trial and future loss of income: so far as actual or prospective pecuniary loss is concerned the amount of compensation can be assessed with a degree of accuracy which will go far towards putting t..Category: Civil Law | Date: | Hits: 339
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