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Sheerin Alam Chowdhury Vs. Captain Shamsul Alam Chowdhury, 1995, 24 CLC (HCD)
.... been surrendered by her in consideration for the dissolution of marriage through ‘khula’. There shall be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 79. ...... a popular method nor a recognised system in this part of the country (Bangladesh) for the dissolution of marriage. He next submits that the ground for ‘khula’ Divorce' must be recognised by the 'principle' of Islamic Law. Referring to Article 390 from Mollah's Principles of Mohammadan Law by Am......e plaint that it is not possible on her part to live with her husband, as husband and wife, as such she wants dissolution of marriage by way of ‘khula’, surrendering her right to the unpaid dower amounting to Taka 25,000.00 in consideration for the dissolution of marriage by ‘khula’. 11. ..Category: Family Law | Date: | Hits: 265
Abdul Gafur Sikder Vs. Mst. Shafia Khatun & others, 1989, 18 CLC (HCD)
....er of the learned Assistant Judge is restored. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 500....... of the subject of the suit. 13. Section 20 of the Code of Civil Procedure is a general section governing all personal action and it is subject to the provisions of sections 16-19 of the Code. The principle behind clause (a) of section 20 is that the suit is to be instituted at a place where th......er of the learned Assistant Judge is restored. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 500...Category: Property Law | Date: | Hits: 136
Bajla Rice Mills Vs. Bangladash, 1989, 18 CLC (HCD)
....hat it can dispose of the suit within the time stipulated above. Let the L.C. records be sent down to the Court concerned at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 504. ......hat it can dispose of the suit within the time stipulated above. Let the L.C. records be sent down to the Court concerned at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 504. ...... seers of resultant rice to the plaintiff. But the defendant actually delivered 34,316 maunds of rice. As a result there was a short delivery of 6625 maunds and 17 seers of rice, the value of which amounts to Tk.2,67,104.29. Over such short supply of rice a dispute arose between the parties and ..Category: Procedural Law | Date: | Hits: 93
....ance in the contentions raised by the learned Advocate for the appellant.
In the result, the appeal is dismissed without any cost.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1993) 45.
......ance in the contentions raised by the learned Advocate for the appellant.
In the result, the appeal is dismissed without any cost.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1993) 45.
......tiff filed the suit for recovery of the money against defendant Nos.1 and 2.
3. The defendant No.2 alone contested the suit stating, inter alia, that the Insurance Company is not liable to pay the amount as the terms and conditions as stipulated in the insurance policy were not fulfilled. In de..
Category: Business or Commercial Law | Date: | Hits: 325
State Vs. Md. Sirajul Islam and others, 2012, 41 CLC (HCD)
....4. Let the Lower Court Records along with a copy of this judgment and order be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: ......4. Let the Lower Court Records along with a copy of this judgment and order be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: ......iving in his (P.W.3) house. Juli was studying L.L.B. and then she gave birth to Arna (since deceased) and at that time Akhter Hossain told his daughter Julie and Julie told him that Siraj received an amount of Tk.2.5 lacs as loan from Akhter Hossain. His son-in-law Akhter Hossain got a shop allotted..Category: Criminal Law | Date: | Hits: 105
Hafez Mawlana Humayun Kabir Vs. Md. Lokman and others, 2012, 41 CLC (HCD)
....ths from the date of receipt of this judgment in accordance with law. Let a copy of this order along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: ...... to have decided the case in accordance with law without sending back the case on remand. 21. I have studied the cited decisions reported in 4 MLR (AD) 430, 54 DLR (AD) 170 and 15 MLR (AD)12. The principle of law laid down in the cited decisions no help the opposite parties, rather the same read......ths from the date of receipt of this judgment in accordance with law. Let a copy of this order along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 113
Ka Bi Ma Iftekhar Anam Vs. State & another, 2010, 39 CLC (HCD)
.... granted earlier shall stand vacated. Send a copy of this order to the Assistant Sessions Judge, 3rd Court, Rajshahi for compliance. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 338. ...... granted earlier shall stand vacated. Send a copy of this order to the Assistant Sessions Judge, 3rd Court, Rajshahi for compliance. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 338. ......tiable Instruments Act against the accused petitioner. It is further stated that the cheque in question has neither been returned by the Bank because of the insufficiency of fund nor it exceeds the amount arranged to be paid from that account by an agreement made with the bank, rather the cheque..Category: Criminal Law | Date: | Hits: 94
Abu Hena Mostafa Kamal & another Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....es impugned against in all the petitions are hereby declared to have been passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 334. ......es impugned against in all the petitions are hereby declared to have been passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 334. ......ther than their income from other sources, and other classes of tax payers’ money in any income year, will determine their own liability at the time of filing their Income-tax return and tender the amount of tax due along with the return. Thus, the assessee is to prepare his return of income filin..Category: Fiscal/Taxation Law | Date: | Hits: 167
AFM Hamidul Hoque Vs. Director, National Savings Directorate and others, 2002, 31 CLC (HCD)
....he appeal. Under the above circumstances, we find merit in this Rule. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 455.......he appeal. Under the above circumstances, we find merit in this Rule. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 455.......e Government has preferred the appeal only to harass him and that a Departmental proceeding was drawn up against Assistant Director Ataur Rahman who was the real culprit to misappropriate the alleged amount and in the departmental proceeding punitive action has been taken against Ataur Rahman. There..Category: Employment/Service Law | Date: | Hits: 147
Sadia Chowdhury Parag Vs. Chairman, Film Censor Board & others, 2003, 32 CLC (HCD)
....r as to cost. The Producer and Director of the film "Hason Raja'' is at liberty to release/screen the film without any hindrance from anyone. Ed. This Case is also Reported in: 55 DLR (2003) 445.......r as to cost. The Producer and Director of the film "Hason Raja'' is at liberty to release/screen the film without any hindrance from anyone. Ed. This Case is also Reported in: 55 DLR (2003) 445.......lm owing to the order of stay passed at the time of issuance of the rule on 14‑12-2002, to dispose of the Rule and abandoned his prayer to make the Rule absolute without cost firstly, because the amount claimed by the producer is a staggering and colossal sum i.e. Taka 1(one) million per day and..Category: Civil Law | Date: | Hits: 210
Nitai Kumar Mondol Vs. Judge, Artha Rin Adalat, and another, 2008, 37 CLC (HCD)
.... him into jail. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 446. ...... him into jail. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 446. ......2006, sentenced the petitioner to suffer civil imprisonment for six months pursuant to the provisions of section 34(1) of the Ain 2003 to compel the Judgment debtor petitioner for payment of decretal amount. We failed to discover any illegality in the impugned order. Moreover, we find that the impug..Category: Civil Law | Date: | Hits: 140
Wahed Asgar Chowdhury Vs. Judge 2nd Artha Rin Adalat & others, 2010, 39 CLC (HCD)
....n Case No.215 of 2004 now pending in the Artha Rin Adalat No.1, Chittagong be declared to be unlawful and not maintainable at all. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 331. ......n Case No.215 of 2004 now pending in the Artha Rin Adalat No.1, Chittagong be declared to be unlawful and not maintainable at all. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 331. ......mitation for filing an application for drawing up a final decree on the basis of preliminary decree is 3 years from the expiry of the date fixed in the preliminary decree for payment of the decreetal amount. In this case, in the preliminary decree in question (which has been reproduced verbatim in t..Category: Civil Law | Date: | Hits: 134
Abu Bakkar Siddique (Md.) and others Vs. Md. Abdur Rab Khandaker & others, 2010, 39 CLC (HCD)
....ior Assistant Judge, in Other Suit No.48 of 1993 is hereby set aside. The suit is stand dismissed. Send down the LC record at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 326. ......plaintiffs. 4. The present petitioners contested the suit by filing joint written statement contending, inter alia, that the suit is not maintainable in its present form, the same is barred by the principle of estoppel, waiver and acquiescence, the suit is barred by limitation and the defendant......of the same it appears that the main contention of the plaintiffs are that the defendant No.1 used to reside in Dhaka who offered to sale the property in question and accordingly they paid the entire amount to the defendant No.1 and his son but the defendant No.1 failed to executed the sale deed and..Category: Property Law | Date: | Hits: 90
Kartic Das Gupta Vs. Election Commission and others, 2011, 40 CLC (HCD)
....observations and directions both the Rules are disposed of. The order of status quo granted earlier on 6-2-2011 is hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 313. ......spondent No.10 and Mr. Md. Badrudduza the learned Advocate appearing with Mr. Earful Islam, for the added respondent No.9 made similar line of arguments contending, inter alia, that it is the settled principle of law that once the notification is published declaring election schedule, the process ......observations and directions both the Rules are disposed of. The order of status quo granted earlier on 6-2-2011 is hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 313. ..Category: Election Law | Date: | Hits: 217
Hasina Khatoon and another Vs. Md. Samsur Rahman and others, 1997, 26 CLC (HCD)
....us (Pre‑emption) Case No.11 of 1987 as expeditiously as possible, preferably within 3 months, from the date of receipt of this order. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 187. ......party when it is found necessary for effectual and complete adjudication of all question involved in the suit/case. With that object the court can also strike out an unnecessary party. The underlying principle of rule 10 (2) of Order 1 of the Code of Civil Procedure is to save an honest and bona fid......us (Pre‑emption) Case No.11 of 1987 as expeditiously as possible, preferably within 3 months, from the date of receipt of this order. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 187. ..Category: Property Law | Date: | Hits: 94
Shamsul Huq Chowdhury Vs. Justice Md. Abdur Rouf & others, 1995, 24 CLC (HCD)
....ntial question of law as to the interpretation of the Constitution. The prayer is allowed and certificate prayed for is hereby granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 176.......s ensures the independence and impartiality of the Judges of the Supreme Court. The learned Counsel elucidated his argument reading out the preamble of the Constitution laying stress that fundamental principles of the state policy aiming at the realisation through the democratic process of a sociali......ntial question of law as to the interpretation of the Constitution. The prayer is allowed and certificate prayed for is hereby granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 176...Category: Constitutional Law | Date: | Hits: 353
.... Rin Adalat No.2, Dhaka is hereby directed to return the plaint to the filing Advocate for presentation before the appropriate Court.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 333.
......ion, is the Artha Rin Adalat a Court subordinate to the High Court Division. In deciding this issue with regard to the special status the superior Courts of this sub-continent have formulated certain principles. If appeal lies from a Special Tribunal to the High Court then that Special Tribunal is s......n as defined under the Artha Rin Adalat Ain. It is well-settled that a financial institution as defined in section 2 of the Ain may institute a Suit before the Artha Rin Adalat for realisation of the amount of loan they advanced and in this section there is a list of institutions which are termed as..
Category: Civil Law | Date: | Hits: 135
Saiful Islam Dilder Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
.... find any substance in this writ petition. In the result, this writ petition is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 318. ...... with India. 3. The learned Advocate for the petitioner contends first, that Chetia is a freedom fighter for right of self-determination of the Assamese people and, as such, right has evolved as a principle of International Law which is binding on the member states of the United Nation to help pe...... genocide.” 8. Relying upon the above noted observation in the cases cited by him and the passages and Article of the Convention he submits that even if a member of a group is killed, that would amount to genocide. Therefore, if Anup Chetia is extradited to India Bangladesh shall be held respon..Category: Constitutional Law | Date: | Hits: 421
....ned Subordinate Judge, Chandpur in Miscellaneous Case No.59 of 1990 is hereby affirmed.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 311.
......r decision, which is of course a Single Bench decision, reported in 42 DLR 253 (Sree Jitendra Nath Howlader Vs. Sree Bisweewar Howlader & ors). It is submitted that this decision has followed the principle of law enunciated in 23 DLR case. The learned Advocate contends that the facts leading to ...... the present Miscellaneous was filed from Salamatullah Khan and Habibur Rahman for the first time on 10-5-90 and after getting the certified copies of the deeds the petitioner deposited the statutory amount of Taka 1,31,000.00 along with 5% compensation and prayed for pre-emption under section 24 of..
Category: Property Law | Date: | Hits: 113
Samir Ali (Md.) and others Vs. Md. Atiar Rahman Dafadar and others, 1996, 25 CLC (HCD)
....Rule. In the result, this Rule is discharged but without any order as to costs. Let the Lower Court’s Records be sent down. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 131. ......equent to the gift, the donees have mutated their names in the record of right in place of the name of the donor and the donees are in possession of the gifted properties. 11. It is an established principle of Mohammadan Law that a gift is not liable to be revoked by the donor after delivery of p......Rule. In the result, this Rule is discharged but without any order as to costs. Let the Lower Court’s Records be sent down. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 131. ..Category: Property Law | Date: | Hits: 85
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