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Shahidullah and others Vs. Lutfur Karim and others, 1997, 26 CLC (HCD)
....e Court is thus set aside and those of the trial Court are restored. There will be no order as to cost. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (1998) 328. ......Lower appellate Court by this revisional application. 8. Heard Mr. AKM Nazrul Islam, learned Counsel for the petitioner and Mr. Md. Ozair Farooq learned Counsel representing the plaintiff opposite party No.5 at good length. 9. The moot question before this court is, whether the judgment of rev..Category: Procedural Law | Date: | Hits: 103
Hifzur Rahman and 2 others Vs. State, 1995, 24 CLC (HCD)
....plication. The Rule is accordingly discharged. The order of stay passed earlier is hereby vacated. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 325. ......plication. The Rule is accordingly discharged. The order of stay passed earlier is hereby vacated. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 325. ..Category: Criminal Law | Date: | Hits: 102
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. ......en, not only the extent of sufficiency of interest but also the fitness of the person for invoking the discretionary jurisdiction under Article 102 of the Constitution. Ordinarily, it is the affected party which is to come to the Court for remedy. The Court is considering the question of the standin..Category: Constitutional Law | Date: | Hits: 421
....e under this Rule should not be taken until the appellate Court has examined the evidence on record and has, after such examination come to the conclusion that the evidence as it stands is inherently defective. Until this is done, the appellate Court has no power to take additional evidence, nor eve...... parties 12-20 by registered kabala dated 17-8-79 at a consideration of Taka 15,000.00. Opposite Party No.1 purchased 0.0270 acre of land and four annas ten gondas share of the building from opposite party Nos. 9, 10 and Rokeya Begum, the predecessor of opposite parties 12-23, by another registered ..
Category: Property Law | Date: | Hits: 113
Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....d and continued as existing and ordinary laws of the country. 62. He has alternatively submitted that even if it is presumed that at the time of promulgating such an Ordinance there was some legal defect or lack of authority, but after the Proclamation No.1 of 1977 by which the paragraph 3A in th......the interpretation of several provisions of the Constitution are involved in the instant cases, the certificate prayed for is granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 133. ..Category: Criminal Law | Date: | Hits: 202
Habibur Rahman Mondal (Md.) and others Vs. State and another, 2010, 39 CLC (HCD)
....l entries. Ledger operator had shown fake entries in the records and in cash various ways, they misappropriated an amount of Taka 11, 20,400. The occurrences of defalcation of different amount were defected long after the commission of offences and there may be more such instances to increase the ......Miscellaneous Case No.10949 of 2005. Judgment Khandaker Musa Khaled J. - On an application under section 561A of the Code of Criminal Procedure, this Rule was issued calling upon the opposite-party to show cause as to why the proceedings of GR No.117 of 2005 arising out of Gaibandha PS Case ..Category: Criminal Law | Date: | Hits: 101
Shahajada Talukder Vs. Election Commissioner and others, 2003, 32 CLC (HCD)
....he respondent No.5 on above assertion made by the petitioner in his appeal whereupon the respondent No.5 gave opinion stating that the above nomination papers were submitted by the petitioner with defective voter numbers and so those were rejected and relying on the above opinion, the respondent......aith vitiates everything and a mala fide act is a nullity. What is mala fide? Relying on some observations of the Supreme Court in some decisions. Durgadas Basu J held, "It is enough if the aggrieved party establishes: (i) that the authority making the impugned order did not apply its mind at ..Category: Election Law | Date: | Hits: 211
....the learned Subordinate Judge and 2nd Artha Rin Adalat and Commercial Sub‑Judge Court, Chittagong for his information and necessary action.
Ed.
This Case is also Reported in: 55 DLR (2003) 417.......'s application under Order 1 rule 10(2) of the Code of Civil Procedure for being added parties to the suit as defendants.
2. Short facts relevant for the purpose of the case are that, the opposite party Chittagong Steel Mills Limited as plaintiff instituted Money Suit No.35 of 1989, renumbered as..
Category: Civil Law | Date: | Hits: 101
Ali Azam Vs. Md. Majibullah, 2002, 31 CLC (HCD)
....The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 412. ......f the evidence on record, erroneously dismissed the suit reversing the judgment and decree of the trial Court. 7. Mr. Abul Kalam Chowdhury, the learned Advocate appearing on behalf of the opposite party, submits that the instant transactions were not benami transactions and the suit in its presen..Category: Property Law | Date: | Hits: 103
....tion is in question. Therefore the Rule 23(3) has no manner present purpose.
10. To bring the case within the purview of Order VII rule 11 the defendant must strictly establish any one of the four defects as enumerated in that Rule. Here the defendants have pleaded that the suit is barred under c......o substance in this Rule. The Rule is accordingly, discharged without any order as to costs.
Stay granted by this Court stands vacated.
Ed.
This Case is also Reported in: 55 DLR (2003) 409.
..
Category: Procedural Law | Date: | Hits: 124
Abdul Goni Kha Vs. Md. Abdul Aziz Azizur Rahman and others, 1996, 25 CLC (HCD)
.... receipt of this order failing possession through the court in execution thereof. Send down the lower Courts record expeditiously. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 172. ......n on 28‑7‑73, 13‑3‑74 and 12‑3‑74 respectively but Nazar Ali and his heirs, present opposites opposite parties No.5‑10, created collusive and fraudulent sale deeds in favour of opposite party Nos.1 and 2 but they have no title and possession in the suit. Hence, the suit. 3. The defe..Category: Property Law | Date: | Hits: 114
Talebur Rahman alias Taleb and 2 others Vs. State, 1994, 23 CLC (HCD)
....e of them was examined or even cited as witness in the case. Failure on the part of the police to find out the owner of the shop and to make him either an accused or cite him as a witness being fatal defect has cast serious doubt about the recovery of firearms and ammunition from the possession of t......ny other case and the accused appellant Abdul Matin be discharged from his bailbond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 167. ..Category: Criminal Law | Date: | Hits: 74
Amir Hossain Dhali and other Vs. State, 1997, 26 CLC (HCD)
....ty forthwith, if not wanted in connection with any other case. Appellant Amir Hossain Dhali is discharged from his bail bond forthwith. Ed. This Case is also Reported in: 49 DLR (HD) (1997)163. ......ection we may refer to the decision in the case of Fazlul Haque Vs. State reported in 11 DLR 316 where Rahman, J (as his Lordship then was) observed. “Where a witness is cross‑examined by the party calling him, his evidence is not to be rejected either in whole or in part, but the whole of t..Category: Criminal Law | Date: | Hits: 85
....pposite parties in the other civil revisions shall get interest @ 10 percent from the date of this judgment (19-8-96) till realisation.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 160.......olute in part without costs to the effect that award passed in the connected arbitration cases is reduced and modified to the extent as stated in the chart given in the body of the judgment. Opposite party Abdus Salam in Civil Revision No.121 of 1996 shall get interest @ 10 percent from the date of ..
Category: Property Law | Date: | Hits: 84
Nasiruddin (Hazi Md.) Vs. Md. Mozammel Hossain and others, 2010, 39 CLC (HCD)
....spose of the appeal within two months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 303. ......re, it must be exercised for substantial reasons based on special facts of individual cases. Burden of substantiating good, sufficient and weighty grounds for transfer of a case lies heavily upon the party applying for transfer. The Court will not exercise its discretion unless it satisfied that d..Category: Procedural Law | Date: | Hits: 108
Jahangir Alam and others Vs. State, 2011, 40 CLC (HCD)
....d from their respective bail bonds. Send down the lower court record together with a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 294.......500 and in where witnesses put their signatures in their inventory list on 6-7-2008 and according to his desire be return the said money to said Abul Kalam Azad and he followed along with his raiding party men to said Abul Kalam Azad and went to office of Uzirpur Settlement Office and after giving t..Category: Criminal Law | Date: | Hits: 142
Global Access Ltd. Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....ty. So, we do not find anything which can be considered as mala fide. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 433.......ifferent aspects and recording reasons took the decision and there is nothing before us to show that the Board of Directors had any ill will against any participant or had any inclination towards any party. So, we do not find anything which can be considered as mala fide. In the result, the Rule ..Category: Others | Date: | Hits: 174
Mohammadullah and others Vs. Md. Shamsul Alam alias Md. Alam, 2002, 31 CLC (HCD)
.... the said finding of fact. In the result, these Rules are discharged without any order as to cost. The impugned orders are maintained. Ed. This Case is also Reported in: 55 DLR (2003) 428. ......f law in setting the ex parte decree passed in both the suits and, as such, the impugned orders are liable to be set aside. 6. Mr. MI Faruqui, learned Advocate appearing for the defendant-opposite party in both the Rules, on the other hand, submits that the postal article, namely, the envelope, t..Category: Procedural Law | Date: | Hits: 100
Salma Begum Vs. Sonali Bank Limited and others, 2010, 39 CLC (HCD)
....1-2009 passed by the learned Additional District judge, 2nd Court Dhaka, in Miscellaneous Appeal No.230 of 2009 is here by set aside. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 282. ...... District judge, 2nd Court Dhaka, in Miscellaneous Appeal No.230 of 2009 should not be set-aside and/or such order or further or orders passed as to this Court may seem fit and proper. 2. Opposite-party No.1 Sonali Bank Limited filed Artha Rin Suit No.131 of 2003 on 26-4-2003 against the opposite..Category: Civil Law | Date: | Hits: 229
Yasinullah Vs. State, 2003, 32 CLC (HCD)
....the Police reports he would accept after considering the entire circumstances and facts of the case. The Rule is accordingly discharged. Ed. This Case is also Reported in: 55 DLR (2003) 393. ......ccused on 21‑2‑1999 alleging inter alia, that the accused persons are dangerous and desperate in nature in the locality and accused persons are always trying to take revenge against the informant party. It was further alleged that on 10‑2‑1999 the accused persons by forming an unlawful assem..Category: Criminal Law | Date: | Hits: 86
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