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Salma Islam Vs. Parveen Banu & others, 1997, 26 CLC (HCD)
....sult, the appeal is dismissed without any order as to costs. The connected Civil Rule No. 208(f) of 1985 is accordingly disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 280.......age resulting from civil action cannot be compensated by an order of costs. Essential requirements of an action for abuse of civil process are malice and absence of reasonable and probable cause. The principles which govern such actions are the same as are applicable to actions for malicious prosecu......e plaintiff-appellant filed the present suit claiming Taka 5,40,000.00 as rents of the suit house for three years at the rate of Taka 15,000,00 per month. The plaintiff-appellant also claimed various amounts on account of mental anxiety, loss of sleep, litigation expenses incurred by her including T..Category: Property Law | Date: | Hits: 144
Hamida Begum Chowdhury Vs. Ahamad Hossain Khan and others, 1997, 26 CLC (HCD)
....e Appeal is allowed and the impugned judgment and decree dated 28-9-95 passed in Title Suit No.201 of 1991 is dismissed without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 276. ......e Appeal is allowed and the impugned judgment and decree dated 28-9-95 passed in Title Suit No.201 of 1991 is dismissed without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 276. ......ole agreement that the defendant-appellant would execute and register necessary sale deed in respect of the suit property in favour of the plaintiff-respondent on receipt of the balance consideration amount of Taka 3,25,000.00 within 7 months from the date of execution of the said sale agreement. Th..Category: Civil Law | Date: | Hits: 148
Monjurur Rahman (Md.) Vs. Dr. Naimur Rahman, 1998, 27 CLC (HCD)
..... 10. It is not disputed that defendant No.1 alone applied to the DIT for allotment of a plot at Gulshan in 1960 and the letter of allotment by the DIT was also in his name. The premium in several installments was paid by this defendant in his name and the document letting out the property to the......t, the appeal is dismissed. The Judgment and decree passed by the Court below is upheld. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 266. ......ely. The case of defendant No.1 in respect of schedule ‘B’ is that he applied to the DIT for allotment of a plot in 1960 and got a letter of allotment in his name in that year and he paid premium amounting to Taka 24,750.00 in instalments out of his own fund and was put in possession after execu..Category: Property Law | Date: | Hits: 109
Ansarul Hoque Vs. Agrani Bank, 1997, 26 CLC (HCD)
.... of with a direction to return the plaints to the petitioners or their learned Advocates for presenting the same to the District Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 263....... of with a direction to return the plaints to the petitioners or their learned Advocates for presenting the same to the District Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 263.......ial jurisdiction or the Courts designated under Order XXXVII are special Courts. The High Court at Karachi had no jurisdiction to entertain suits below the value of Rs. 25,000.00 and suits below that amount were to be filed in the district Court at Karachi. It was held that if no power had been conf..Category: Procedural Law | Date: | Hits: 92
Niranjan Malaker & another Vs. State, 2009, 38 CLC (HCD)
....erty forthwith if not required to be detained in any other connection. Send down the LCR with a copy of this Judgment at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 387. ......he case of Md. Ali Haider Vs. State, 40 DLR 97 that probability however strong, and suspicion however grave, can never take place of proof as because in a criminal trial presumption of innocence is a principle of cardinal importance and so guilt of the accused must be proved beyond reasonable doubt ......erty forthwith if not required to be detained in any other connection. Send down the LCR with a copy of this Judgment at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 387. ..Category: Criminal Law | Date: | Hits: 75
Solaiman (Md.) Vs. State and another, 2010, 39 CLC (HCD)
....ection with the Rule stands vacated. Send a copy of this Judgment and order to the Court below for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 385.......resh case because no Court will be able to take cognizance as the same case will be beyond time as provided in clause (b) of section 141 of the Act. In such circumstances, we are of the view that the principle laid down in the case of Abdur Rahman Vs. Muklis Ali as reported in 31 DLR (AD) 118, may b...... dishonoured on the same day for insufficient fund. He thereafter sent a legal notice on 12-4-2007 to the petitioner which was returned on 26-4-2007. The petitioner did not pay the dishonoured cheque amount to the complainant in time and thereby committed the offence under section 138 of the Act. Th..Category: Criminal Law | Date: | Hits: 75
Rafiqul Islam Vs. State and another, 2009, 38 CLC (HCD)
....g is hereby quashed. Communicate the order to the Court of the learned Additional Metropolitan Sessions Judge, Chittagong, forthwith. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 377. ......the complaint against non-payment of money has to be filed within one month of the date on which the cause of action arises. The High Court Division wrongly rejected the application for quashing. The principle of the above decision is quite applicable in our case." 22. Now the question arises whe...... of the accused stands at Taka 70,63,291 including profit with compensation and the accused became defaulter borrower and that in this regard in order to repay the money the accused issued to cheques amounting to Taka 9,00,000 bearing cheque No.Gha 0629585 dated 20-2-2007 and amounting to Taka 2,00,..Category: Civil Law | Date: | Hits: 150
Abdul Malek Vs. District Co-operative Officer, Cox’s Bazar and others, 1997, 26 CLC (HCD)
....en made without lawful authority and is of no legal effect. In the facts and circumstances of the case there no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 426. ......en made without lawful authority and is of no legal effect. In the facts and circumstances of the case there no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 426. ......-3-1988 under the signature of the Manager of the said Samity respondent No.5 in the Writ petition. In the said notice which is marked as Annexure-C to the petition the petitioner was asked to pay an amount of Taka 15,000.00 as arrear for the year of 1987, that the petitioner came to learn that in p..Category: Civil Law | Date: | Hits: 128
Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)
....pondent No.1 Bangladesh Election Commission at once addressing it to the Chief Election Commissioner, Bangladesh Election Commission. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 417. ......e Tribunal shall decide the case ex parte. Lastly, for viewing the whole problem from the angle of finding the true intentions of the legislature, the learned Counsel urges us to apply the well known principle of harmonious interpretation. 19. Mr. AR Yousuf, the learned Counsel, agrees with Mr. R......s of other laws relating to election dispute. For example: “(a) if an election is held now in the disputed constituency under Article 123, before the election dispute is finally decided, it will amount to adjudication of the dispute by the Election Commission and the dismissal of the election d..Category: Election Law | Date: | Hits: 162
Syed Wali Mohammad Salehuddin, 1990, 19 CLC (HCD)
....further order as to costs. The assistance given by Mr. Ahmed Nurur Reza and Mr. Saidur Rahman at the time of hearing is appreciated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 268.......further order as to costs. The assistance given by Mr. Ahmed Nurur Reza and Mr. Saidur Rahman at the time of hearing is appreciated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 268.......of Barguna, Perojpur and Jhalakati and it is difficult and impracticable in the present circumstances to manage this scattered barren lands and khals and sometimes the cost of realisation exceeds the amount of collection from the khas land. It has been further stated that out of 100 bigas of khas la..Category: Trust/Waqf Law | Date: | Hits: 166
Rehana Ahmed and others Vs. Nahar Shipping Lines Limited, 1990, 19 CLC (HCD)
....pplication is dismissed, but without any order as to costs. The restrictive orders and undertaking passed and given are hereby vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 256.......pplication is dismissed, but without any order as to costs. The restrictive orders and undertaking passed and given are hereby vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 256.......s, Directors and share‑holders were not given the required dividend by the respondent No.2. The company is not paying the outstanding loans to the loan giving agencies and as a result there is huge amount of loan with interest for which the petitioners will also be liable. The respondent No.2, in ..Category: Company Law | Date: | Hits: 233
M.A. Mannan Vs. Biman Bangladesh Air Lines, 1989, 18 CLC (HCD)
.... impugned order, namely, Annexure-G is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 318. ......oner. It is as if the Corporation has not taken any notice of the letter of resignation. The Corporation has treated the letter of resignation as a dead letter. 11. The question arises whether the principle of estoppel will come into play in view of the fact that the respondent allowed the petiti...... impugned order, namely, Annexure-G is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 318. ..Category: Employment/Service Law | Date: | Hits: 225
Aftabuddin (Md.) Vs. State and others, 2010, 39 CLC (HCD)
....y to the Law Commission, Old High Court Bhaban. Communicate the order at once to the Court concerned for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 235.......y to the Law Commission, Old High Court Bhaban. Communicate the order at once to the Court concerned for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 235.......eedings pending before the learned Magistrate as well as the impugned order affirming the order of taking cognizance are both without jurisdictions and are liable to be quashed in as much as the same amounts to abuse of the process of the Court. In support of his contention, the learned Advocate h..Category: Criminal Law | Date: | Hits: 79
Humayun Hossain Khan Vs. Bangladesh & others, 2011, 40 CLC (HCD)
....or securing the loan. The appellant obtained the loan with simple interest of taka 13% per annum. He could not let out the house at an expected rent, as a result of which he failed to pay the regular installments to the Bank and requested the Bank for rescheduling the outstanding debt with simple in...... connote? fairness, impartiality, and evenhanded dealing, the statute in hand having categorically provided its application in respect of all suits/cases of similar nature, it cannot be said that the principle of equity has been violated in the instant case buy the Artha Rin Adalat in passing the im...... interest. But the Bank instituted Title Suit No. 15 of 2003 in the Court of Artha Rin Adalat No.1, Dhaka against the appellant on January 27, 2003 for realization of the loan along with the interest amounting to Taka 38,06,058 as on 31-12-2002 and also for other reliefs. The appellant as defendant ..Category: Civil Law | Date: | Hits: 138
Abdul Kashem and another Vs. Bangladesh, 1994, 23 CLC (HCD)
.... before the appropriate Customs Officer. In the premises discussed above, the Rules are discharged but without any order as to costs. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 57.......annot be given effect to retrospectively. It is further submitted that the Government cannot take steps and ask for duties on the basis of subsequent notifications and the Government is barred by the principle of promissory estoppel. It is further submitted that the impugned demand for additional du......haka for allowing deferred payment for release of the said consignments on various grounds. No decision was communicated to the petitioner. It is stated that the petitioner had invested a substantial amount of money and imported the said consignment on the basis of that rate of duties and taxes levi..Category: Fiscal/Taxation Law | Date: | Hits: 155
Chittagong Port Authority Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)
.... award hereby set aside. Accordingly award dated 9-3-06 is hereby set aside. The office directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ......ther Taka 17,52,58,538 for price of the boat. 19. Before discussing the merits of the case, we like to refer the case of Associated Engineering Vs. Government of Andhra Pradesh wherein following principles have been enunciated. It has held by the Supreme Court of India in the case of Associa......after, on 25-10-2004 1st party took payment of Taka 1,75,25,853.80 as advance being 10% of the contract value and on 3-11-2004 took payment of Taka 7,01,03,415.20 as advance being 40% of the contract amount as the second installment before claiming for price escalation and seeking arbitration, in ..Category: Alternative Dispute Resolution | Date: | Hits: 334
Mahatab Vs. State, 2010, 39 CLC (HCD)
....f the case without any delay. The order of stay granted at the time of issuance of the Rule hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 223; 16 BLC (HCD) (2011) 214. ...... him essential for the just decision of the case. The purpose of section 540 of the code is not to help any part to fill up the lacuna by recalling a witness. 11. It is well accepted and settled principle that a Court must discharge its statutory functions whether discretionary or obligatory ac......f the case without any delay. The order of stay granted at the time of issuance of the Rule hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 223; 16 BLC (HCD) (2011) 214. ..Category: Criminal Law | Date: | Hits: 97
State Vs. Azam Reza, 2008, 37 CLC (HCD)
....cation to the effect that the accused is sentenced to imprisonment for life. Send down the lower Court's records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 399. ......is special knowledge. So he is under obligation to explain know the deceased died. The explanation given by him that the deceased committed suicide by hanging has been proved false. Under the settled principle of law he explanation of death of the deceased given by the accused being proved false and......cation to the effect that the accused is sentenced to imprisonment for life. Send down the lower Court's records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 399. ..Category: Criminal Law | Date: | Hits: 114
Naimuddin Molla and others Vs. Ibrahim Molla and others, 2008, 37 CLC (HCD)
.... However, there shall be no order as to costs. Let a copy of the Judgment along with LCR be sent down to the Courts below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 369. ......point that onus of proving the non-execution of Bainapatra by the defendant No.1 lies on the shoulders of defendant No.1 which he failed to discharge. This is a noble argument contrary to the age-old principle that the plaintiff has to prove his own case. In a suit for Specific Performance of Contra......romissory note, shall subject to all just exceptions, be admitted in evidence on payment of the duty with which the same is chargeable, or, in the case of an instrument insufficiently stamped, or the amount required to make up such duty, together with a penalty of five Taka, or, when ten times the a..Category: Procedural Law | Date: | Hits: 120
Mahamudur Rahman Vs. Md. Matiur Rahman, 2006, 35 CLC (HCD)
.... absolute. The proceeding of GR Case No.3735 of 2002 pending in the Court of learned Chief Metropolitan Magistrate, Dhaka is quashed. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 367. ...... absolute. The proceeding of GR Case No.3735 of 2002 pending in the Court of learned Chief Metropolitan Magistrate, Dhaka is quashed. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 367. ......ion of fact in the first information report indicates also breach of terms of the agreement had crept up from business transaction. It also appears from the first information report that considerable amount, that is about Taka 16,50,000, has already been paid by the accused petitioner. We are of the..Category: Criminal Law | Date: | Hits: 87
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