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Ministry of Communication and others Vs. Md. Ferozur Rahman & ors, 1991, 20, CLC (HCD)
.... Rule No. 15 (FM) of 1991 is disposed of accordingly. In the facts and circumstances of the case, there will be no order as to costs. Ed. This case is also reported in: 45 DLR (HCD) (1993) 762. ......y it away the next day after to his own use, are licences to the act of hunting and cutting down the trees but as to carrying away of the deer killed and trees cut down, they are grants." 17. This principle of law as to licence and grant had been reproduced in our Easement Act. Licence thus, be o...... case this question of revocability cannot arise because the cancellation of the contract is prima facie without lawful authority. On the merits of the case he has submitted that as per agreement the amounts that are to be charged for serving breakfast in Restaurant Car and Buffet car has been clear..Category: Civil Law | Date: | Hits: 72
Shafiuddin Sarwar Vs. Dhaka Club Limited and others, 1993, 22 CLC (HCD)
....ason stated above the Rule is discharged without any order as to costs. Let the order be communicated to the Courts below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 753. ......r passed by the learned Subordinate Judge or the order of stay passed by the leaned District Judge. Mr. Rokanuddin Mahmud, the learned Advocate for the opposite party, submits that it is well settled principle that generally the Court will not interfere with the internal management of a company. Fur......ason stated above the Rule is discharged without any order as to costs. Let the order be communicated to the Courts below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 753. ..Category: Civil Law | Date: | Hits: 87
....e D.I.G., Prisons & Supdt., Dhaka Central Jail as well as to the Secretary, Ministry of Home Affairs, Govt. of Bangladesh, Dhaka.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 160.
......m Shorish Kashmiri, 21 DLR (SC) page 1 the Appellate Division of the Supreme Court of Bangladesh observed:
“Law is to be understood in its general communication to include authoritative judicial principle laid down by superior courts. We may for the sake of comprehensiveness and clarity say tha...... hours in Bangkok and the detenu was thus suffering from fatigue and the effects of a prolonged flight. In such a physical and confused mental condition he committed some mistakes in entering the amounts of U.S. Dollars, Singapore dollars and Thai Baths in the currency declaration form. When..
Category: Criminal Law | Date: | Hits: 108
Ayar @ Ayaruddin and others Vs. State, 2004, 33 CLC (HCD)
....for taking necessary actions in this regard in the light of the observations made above within 7(seven) days from the date of receipt hereof. Ed. This Case is also Reported in: 56 DLR (2004) 495.......ed him on such plea. The plea of guilty, which an accused person enters in a case, has to be related to the facts of the prosecution case as stated against him and as disclosed in the accusation. The principle underlying the provision is that a plea of guilty by the accused person operates as a waiv......ed on such a plea. However, if the facts alleged against an accused person do not themselves constitute an offence, if they are proved or admitted, the plea of Guilty in relation to those facts would amount to admission of proved facts without converting those facts into a penal offence, of which ea..Category: Criminal Law | Date: | Hits: 73
Foez Ahmed Vs. Joynal Abedin and others, 2002, 31 CLC (HCD)
....t and decree in decreeing the suit calling for interference by this Court. In the result, this Rule is discharged, No order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 477. ......t and decree in decreeing the suit calling for interference by this Court. In the result, this Rule is discharged, No order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 477. ......Foyes Ahmed for selling the suit land. The price for the suit land was fixed at Taka 15,000. The defendant gave the plaintiff a sum of Taka 500 as baina on the condition that he would pay the balance amount of Taka 14,500 to the plaintiff on 24‑05‑87 and then the plaintiff would execute and regi..Category: Property Law | Date: | Hits: 80
Jamal Uddin Vs. Mir Kashem Bahumukhi High School and others, 2004, 33 CLC (HCD)
....ot find any substance in the Rule. In the result, the Rule is discharged without any order as to costs. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 474. ......isting of 9 members and they are suffering during these hard days of economic crisis. The service of the plaintiff though not regulated by the service regulations of the board but is protected by the principle of natural justice and hence the suit for declaration that the order of the principal date......ot find any substance in the Rule. In the result, the Rule is discharged without any order as to costs. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 474. ..Category: Employment/Service Law | Date: | Hits: 96
MR Trading Co. Vs. Superintendent Engineer and others, 2004, 33 CLC (HCD)
....rict Judge is directed to hear and dispose of the suit by 27‑7‑04, positively. Send down the lower Court's record within three days. Ed. This Case is also Reported in: 56 DLR (2004) 470. ......Bench that issued the Rule modified the order suo moto by directing the plaintiff to deposit security for Taka 7,00,00,000. Then, by order dated 21‑7‑03 said Bench discharged the Rule. 21. The principles for granting mandatory injunction is codified under section 55 of the Specific Relief Act......received running bills but in spite of repeated demands, did not receive Taka 26,97,55,755, which still remained outstanding. He therefore prayed for a mandatory injunction for payment of 80% of said amount. 4. Defendant Nos. 1 to 6 opposed the applications by filing two written statements. Their..Category: Civil Law | Date: | Hits: 73
Chitta Ranjan Mistry and others Vs. Radheshyam Mistry and others, 2002, 31 CLC (HCD)
....ny substance in the Rule. Accordingly, this Rule is discharged without any order as to costs. The impugned judgment and decree is maintained. Ed. This Case is also Reported in: 56 DLR (2004) 468.......ny substance in the Rule. Accordingly, this Rule is discharged without any order as to costs. The impugned judgment and decree is maintained. Ed. This Case is also Reported in: 56 DLR (2004) 468.......ted heir has no power to alienate the estate inherited by her from the deceased owner except for the following purposes, namely; (I) Religious or charitable purposes (S181A) (II) other purposes amounting to legal necessity of (18113) 181A. Alienation by widow for religious or charitable pur..Category: Property Law | Date: | Hits: 65
Uttara Bank Ltd. Vs. Syed Abidur Reza and others, 2004, 33 CLC (HCD)
....ed. Order of stay granted at the time of issue of the Rule on 14‑7‑88 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 461. ......ent dated 15‑3‑83 transferred the undertakings of Uttara Bank to the newly constituted Uttara Bank Ltd. and after such transfer, the terms and conditions of the plaintiff would be governed by the principle of master and servant. No suit would therefore, lie against termination in a Civil Court. ......ed. Order of stay granted at the time of issue of the Rule on 14‑7‑88 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 461. ..Category: Employment/Service Law | Date: | Hits: 174
Madina Vegetable and Oil Refinery Industries (Private) Limited Vs. M T Dolores, 1993, 22 CLC (HCD)
....sistance rendered to me by the learned Counsels in deciding the case. In the facts and circumstances of the case I award no costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 740. ......to its knowledge was other than one entitled under the bill of lading to receive them the carrier was liable for breach of contract and for conversion. In the above quoted passage from Carver and the principle laid down in these cases I am of the opinion that where the plaintiff in an Admiralty suit......uing the order of delivery. Dr. Hossain vigorously pleads that it is the most effective and speedy remedy for the plaintiff to secure arrest of the ship by way of security for payment of the decretal amount. He also canvasses that the plaintiff having had already spent a huge amount of Bangladeshi c..Category: Admiralty Law or Maritime Law | Date: | Hits: 383
Raquibuddin Ahmed Vs. Syndicate, Dhaka University and others, 2004, 33 CLC (HCD)
....ullah Hall as Salimullah Muslim Hall by amending clause 18(2) of the First Statutes to the Schedule of Dhaka University Order, 1973 forthwith. Ed. This Case is also Reported in: 57 DLR (2005) 63.......inance, 1961 are also illegal and without jurisdiction on the ground that the said amendment effecting change in the name of Salimullah Muslim Hall by removing the word 'Muslim' therefrom offends the principle of reasonableness and is also a fraud on the statute. The learned Counsel refers to the ......ullah Hall as Salimullah Muslim Hall by amending clause 18(2) of the First Statutes to the Schedule of Dhaka University Order, 1973 forthwith. Ed. This Case is also Reported in: 57 DLR (2005) 63...Category: Civil Law | Date: | Hits: 63
KM Akhtaruzzaman Vs. Agrani Bank and others, 2003, 32 CLC (HCD)
.... down the records at once. The money deposited by the appellant for filing appeal in the Bankruptcy Court be refunded to the defendant No.3. Ed. This Case is also Reported in: 57 DLR (2005) 57. ...... down the records at once. The money deposited by the appellant for filing appeal in the Bankruptcy Court be refunded to the defendant No.3. Ed. This Case is also Reported in: 57 DLR (2005) 57. ......antor is equally liable for the debt and, in view of section 9(1)(i), the creditor Bank made a valid demand both upon the appellant and upon the defendant Nos.1 and 2 and since they failed to pay the amount due to the bank they committed an act of bankruptcy and therefore, they can be adjudicated as..Category: Civil Law | Date: | Hits: 83
Nur Kader (Md.) Vs. Commissioner of Customs & others, 2004, 33 CLC (HCD)
....nt in question on assessment of the customs duties and other charges at the rate prevalent on the date of presentation of the bill of entry. Ed. This Case is also Reported in: 57 DLR (2005) 53. ......ated 27‑1‑2004, the petitioner did not acquire any vested right to assess and release the goods on the basis of letter on credit dated 17‑11‑2003 has got no substance. And consequently, the principle of law enunciated in the case of Government of Pakistan Vs. Monzoor Brothers does not help......nt in question on assessment of the customs duties and other charges at the rate prevalent on the date of presentation of the bill of entry. Ed. This Case is also Reported in: 57 DLR (2005) 53. ..Category: Fiscal/Taxation Law | Date: | Hits: 111
....or amendment of the written statement stands rejected.
The order of stay granted at the time of the issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 57 DLR (2005) 51.......e original written statement made after the evidence of the plaintiff's witnesses was over. The amendment of the plaint and the amendment of the written statement are not governed by exactly the same principle of law as enunciated by our Appellate Division in the aforesaid 46 DLR (AD) 130. The trial......or amendment of the written statement stands rejected.
The order of stay granted at the time of the issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 57 DLR (2005) 51...
Category: Property Law | Date: | Hits: 71
Rafia Begum Vs. Afroza Bewa and others, 2004, 33 CLC (HCD)
....and decree appealed from is hereby affirmed. Send down the lower court’s records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 57 DLR (2005) 48. ......and decree appealed from is hereby affirmed. Send down the lower court’s records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 57 DLR (2005) 48. ......y were living as husband and wife on 28‑1‑1985 the original defendant divorced her and on 12‑2‑1985 fraudulently created a Kabinnama showing her marriage with him for the second time and less amount of dower. They continued to live together as husband and wife as before and she gave birth to..Category: Property Law | Date: | Hits: 63
Shahid Ali (Md.) and others Vs. Reza Mohammad & others, 2003, 32 CLC (HCD)
....y. Communicate the order to the courts below at once. Also send down the lower Court's records with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 39. ......Md.) Vs. Promode Ranjan Das and others reported in the same volume of 45 DLR 126 where both the pre‑emptor and the pre-emptee were contiguous landholders to the land under preemption. On the same principle as enunciated in the case of Golchera Khatun reported in 45 DLR (AD) 133 his Lordship also......y. Communicate the order to the courts below at once. Also send down the lower Court's records with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 39. ..Category: Property Law | Date: | Hits: 79
....defendants under Order VII, rule 11 of the Code of Civil Procedure is allowed.
The plaint of title Suit No.12 of 2002 is hereby rejected.
Ed.
This Case is also Reported in: 57 DLR (2005) 34.
......uit and the plaint is liable to be rejected.
4. Mr. Md. Habibullah learned Advocate appearing with Mr. Aminul Islam Mondal for the plaintiff-opposite parties, on the other hand by referring to the principle of law enunciated in the case of Secretary of State Vs. Masket & Co. reported on AIR 1......defendants under Order VII, rule 11 of the Code of Civil Procedure is allowed.
The plaint of title Suit No.12 of 2002 is hereby rejected.
Ed.
This Case is also Reported in: 57 DLR (2005) 34.
..
Category: Procedural Law | Date: | Hits: 72
One Bank Limited and others Vs. Chaya Developer (Pvt.) Limited and others, 2011, 40 CLC (AD)
....hereafter, the respondents are directed to file the concise statement within 1 (one) week to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 963.......hereafter, the respondents are directed to file the concise statement within 1 (one) week to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 963....... to secure credit facilities. The petitioner company, writ respondent No.4 the owner of the property, and Trust Bank entered into a tripartite agreement whereby the petitioner made payment of a big amount to the Bank in order to make the land owner free from liability. The petitioner company paid ..Category: Civil Law | Date: | Hits: 59
Khokan Chandra Mondal and another Vs. Nanda Lal Mridha and another, 2010, 39 CLC (AD)
....fering with the concurrent findings of fact of the Courts below. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 926. ......fering with the concurrent findings of fact of the Courts below. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 926. ......short is that the respondent No.1 (defendant) entered to a contract for sale of the suit land with the plaintiff on 14th September, 1989 at a consideration of Tk. 1,05,000/- and on receipt of advance amount of Tk. 60,000/- delivered possession of the same on condition that he would execute and regis..Category: Civil Law | Date: | Hits: 55
Pulin Mahajan Vs. State, 2011, 40 CLC (AD)
....it in this appeal. The appeal is allowed. The judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ......plaint was held admissible as evidence of the conduct of the accused against whom was the subject of trial. Prosecution led no evidence in this regard and the High Court Division wrongly applied this principle in this case. 18. It is apt to observe here that the High Court Division has committed ......it in this appeal. The appeal is allowed. The judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ..Category: Criminal Law | Date: | Hits: 81
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