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....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: Employment/Service Law | Date: | Hits: 66
AKM Haroon‑or‑Rashid & another Vs. AKM Mostafa Kamaluddin and others, 2001, 30 CLC (HCD)
....e of receipt of the judgment. Let a copy of the judgment be communicated to the learned Assistant Judge concerned immediately. Ed. This Case is also Reported in: 57 DLR (2005) 29. ......e of receipt of the judgment. Let a copy of the judgment be communicated to the learned Assistant Judge concerned immediately. Ed. This Case is also Reported in: 57 DLR (2005) 29. ......t allotment of the suit land on 29‑9‑65 and obtained possession thereof from the authority concerned on 20-10‑65. Out of the total premium he paid only Taka 700 on 12‑10‑65. The rest of the amount was paid by defendant No.1 on behalf of Abdul Khaleque Dhali on 5‑7‑76. The Governme..Category: Civil Law | Date: | Hits: 68
Wahiduzzaman (Md.) Vs. Government of Bangladesh & others, 2003, 32 CLC (HCD)
.... are liable to be discharged. In the result, the Rules are discharged without any order as to cost. The stay granted earlier is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 26. ......Mr. Mohammad Hossain referred to the case of Waris Mea Vs. State as reported in 9 DLR (SC) 117 and the case of Dr. Nurul Islam Vs. Bangladesh as reported in 33 DLR (AD) 201. 6. We have perused the principles laid down in the cited cases. As regards the case reported in 17 DLR (SC) 209 we do not f...... pointed out that there is no guideline on the basis of which the Government is required to exercise this power. So, according to them, the Government may adopt a policy of pick and choose which will amount to violation of the fundamental right of equality. They have also argued that such action amo..Category: Civil Law | Date: | Hits: 79
Abdur Rahman Dhali and others Vs. State, 2004, 33 CLC (HCD)
....rt of Divisional Special Judge, Barisal at once directing to ensure the trial of the accused Mollah Kamruzzaman at the earliest opportunity. Ed. This Case is also Reported in: 57 DLR (2005) 17. ......rt of Divisional Special Judge, Barisal at once directing to ensure the trial of the accused Mollah Kamruzzaman at the earliest opportunity. Ed. This Case is also Reported in: 57 DLR (2005) 17. ......n and Md. Nurul Islam Maloni filed an application to the higher authority of the concerned Food Department, Barisal alleging, inter alia, that one Mollah Kamruzzaman, Ex‑Food Officer, Hizla took an amount of Taka 66,514.21 as price of ration goods in order to deposit in Government treasury and dis..Category: Criminal Law | Date: | Hits: 85
Rajab Ali Zulfiqar Vs. State, 1993, 22 CLC (HCD)
....o surrender to his bail bond and serve out the remaining sentence at once. Let the, records of the, case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 705. ...... Now, if the above decisions are carefully read, it will be found that all these cases are for leading additional evidence on behalf of the prosecution and in that connection, of course, some basic principles have been laid down, that means, the provision under section 428 Cr.P.C. is meant for ev......,800.00, in default, to suffer simple imprisonment for 6 (six) months more. 2. The prosecution case in brief is, that the appellant as the Head Teacher of the Bakshiganj Primary School drew an amount of Tk. 10,000.00 by cheque No.384382 dated 2.12.82 issued by the District Education Officer a..Category: Criminal Law | Date: | Hits: 92
Afzal Hossain Vs. Chief Election Commissioner and others, 1992, 21 CLC (HCD)
.... act for the same avowed purpose of free and fair election. We find no illegality in the order and hence the petition is rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 701. ...... allowed by the Bank namely by 31.7.92. He has further submitted that the Election Commission heard the matter behind his back setting aside the final order passed on appeal and this has violated the principle of natural justice. 5. We have examined the contention of the learned Advocate but we f......e petitioner filed a written objection against the candidature and nomination paper of respondent No.8 namely Mohiuddin Sikder Babul with the statement alleging that the said Mohiuddin Sikdar took an amount of Taka 6000.00 as agricultural loan on 11.1.92 from Krishi Bank on condition for repayment o..Category: Election Law | Date: | Hits: 153
Air Marshal Jamaluddin Ahmed (Retd) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....om the date of receipt of the copy of this judgment and order. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 1. ......ce no decision of a Court or Tribunal has been challenged nor an order affecting his terms and conditions of service has been questioned nor application of any disciplinary law has been raised on the principle settled in the case of Col. Md. Hashmat Ali, this petition under Article 102 of the Consti......28‑9‑2002 (Annexure C) finally directed the Air Head Quarters to settle his pension claims on payment of Taka 35,855 in TR Form towards the claims of the Government or after deduction of the said amount from his pension-cum-gratuity with his consent and accordingly, the petitioner had duly given..Category: Employment/Service Law | Date: | Hits: 148
State Vs. Abdul Hatem, 2003, 32 CLC (HCD)
....Jamalpur in Sessions Case No. 76 of 1999 arising out of Sarishabari Police Station Case No. 19(6)/97 corresponding to GR Case No. 462(2)97. Ed. This Case is also Reported in: 56 DLR (2004) 431. ......Jamalpur in Sessions Case No. 76 of 1999 arising out of Sarishabari Police Station Case No. 19(6)/97 corresponding to GR Case No. 462(2)97. Ed. This Case is also Reported in: 56 DLR (2004) 431. ......ection: Sigmoid colon was perforated. The mesentery of sigmoid colon and left common iliac artery was injured. There was a big haematoma under the parietal peritorium of the post abdominal wall. Huge amount at clotted blood which was resisted on washing was found in the penis and abdominal cavity. ..Category: Criminal Law | Date: | Hits: 75
Mozibar Rahman Molla (Md) and another Vs. Rehazuddin and others, 2003, 32 CLC (HCD)
....ons made in this judgment. Send down a copy of this judgment along with the Lower Courts Record to the trial Court at once for compliance. Ed. This Case is also Reported in: 56 DLR (2004) 427.......ereon, and the reasons for such decision." 11. With reference to the aforesaid provision of law as contained in the Code of Civil Procedure the full bench decision referred to above enunciated the principle to the effect: "The provisions of rule 4(2) have a set purpose. The form is designed to......of judgments. The Court shall be guided by the instructions in the following rules." 13. Lastly, the learned Advocate for the petitioners submits that the impugned judgment and order of affirmance amounts to error of law, which has resulted in an error in the decision occasioning failure of justi..Category: Property Law | Date: | Hits: 98
Ziaul Hoque alias Bakul Vs. Md Sirajul Islam and others, 2002, 31 CLC (HCD)
.... election for the post of Chairman of No.15 North Ichapur Union Parishad immediately in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 424. ......nal a full bench of this Court decided that the election tribunal is competent to enquire as to the age of a person whose name was brought on the electoral roll to entitle him to be elected, yet, the principle of law enunciated in the said case cannot be applied in the instant case as when that deci...... election for the post of Chairman of No.15 North Ichapur Union Parishad immediately in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 424. ..Category: Election Law | Date: | Hits: 156
Ambala Cold Storage (Pvt.) Ltd. Vs. Prime Insurance Co. Ltd., 2001, 30 CLC (HCD)
....ed without any order as to costs. The petitioner may, however, make their claim before the competent civil Court in terms of the policy. Ed. This Case is also Reported in: 56 DLR (2004) 422. ......ed without any order as to costs. The petitioner may, however, make their claim before the competent civil Court in terms of the policy. Ed. This Case is also Reported in: 56 DLR (2004) 422. ......about the result in due course. It has been stated that the respondent by their letter dated 18‑12‑1998 addressed to Sonali Bank, Foreign Exchange Corporate Branch, Dhaka confirmed that the claim amount will be directly paid to the petitioner through their branch. Thereafter, tile petitioner mad..Category: Company Law | Date: | Hits: 168
Commander (Rtd) A A Chowdhury Vs. AKM Imam Hossain and others, 1996, 25 CLC (HCD)
.... reference by this Court. In the result, the Rule is discharged with costs. The stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 23 ......recovery of arrear rents without being asked for. 12. Mr. ASM Wahidul Momin Chowdhury, the learned Advocate appearing on behalf of the plaintiff opposite party, on the other hand, submits that the principle as laid down in the above cited case that it is always open to a Court to give plaintiff '......after the expiry of original tenancy does not arise. 16. It has been argued on behalf of defendant No.2 that the decree for arrear rent as passed by the Courts below is a decree for an unspecified amount of money and, as such, it is not tenable in law. But it appears from the impugned judgment as..Category: Property Law | Date: | Hits: 65
Mokbul Ahmed Vs. Shamsul Rashid and others, 1996, 25 CLC (HCD)
....in Civil Revision No.250 of 1991 for stay has become infructous and the same is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 18. ......in Civil Revision No.250 of 1991 for stay has become infructous and the same is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 18. ...... 28th Kartik, 1323 BS was never acted upon as the waqif did not intend to create a Waqf in respect of the suit property as he pursuant to an agreement for sale with his sons had meanwhile obtained an amount of Taka 500.00 to redeem the suit property from mortgage and disposed of the same on 19-11-19..Category: Trust/Waqf Law | Date: | Hits: 165
Abu Bakkar Siddique Vs. Justice Shahabuddin Ahmed and others, 1996, 25 CLC (HCD)
.... of the Constitution for preferring an appeal before the Appellate Division against our judgment. There will be no order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 1. ......tandi to act on behalf of its members in an application under Article 102 of the Constitution is just not there. 21. In view of the facts and circumstances of the present case, we may refer to the principle laid down by their Lordships of the Supreme Court in Beru Bari case (26 DLR, (SC) 44). In ...... of the Constitution for preferring an appeal before the Appellate Division against our judgment. There will be no order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 1. ..Category: Constitutional Law | Date: | Hits: 200
Md. Saidur Rahman Vs. Farid Uddin Mahmud and others, 2011, 40 CLC (AD)
....Rin Adalat in accepting the bid of the respondent. The High Court Division disposed of the matter, stayed the order of the Artha Rin Adalat and allowed the petitioner to pay the dccreetal amount by installments. The auction purchaser was not made party in the writ petition and the said order was p......he has appreciated that the impugned judgment is a well reasoned one. We find no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 698....... the mortgaged property was put on auction sale after compliance of formalities and the respondent No.1 purchased the property at Tk.1,73,22,000/-. The auction purchaser thereupon paid the entire amount and pursuant thereto, the Adalat issued the sale certificate on 28th October, 2008 and subseq..Category: Property Law | Date: | Hits: 81
....lant shall submit the concise statements by 12th April, 2011 and 1(one) week thereafter the respondent will file the concise statements.
Ed.
This Case is also Reported in: VIII ADC (2011) 685.
......lant shall submit the concise statements by 12th April, 2011 and 1(one) week thereafter the respondent will file the concise statements.
Ed.
This Case is also Reported in: VIII ADC (2011) 685.
...... Shahjahan and Jahangir, sons of late Jahed and Rashida Akhter, wife of Abdul Malek. On 05.08.2004 the suit was decreed ex-parte in preliminary form. As the judgment-debtors did not pay the decreetal amount to the decree-holder bank it levied Artha Rin Execution Case No. 149 of 2005 for execution of..
Category: Property Law | Date: | Hits: 48
Md. Shamsul Hoque Vs. Md. Jabbar and another, 2011, 40 CLC (AD)
....epare the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 673. ......an 20 years and thus he acquired a good title by virtue of adverse possession. The learned Advocate has contended that both the Appellate Court and Revisional Court held erroneous view as regards the principle of adverse possession. The learned advocate has read out some portion of the judgment of......epare the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 673. ..Category: Property Law | Date: | Hits: 76
Shaki Md. Shoaib and others Vs. Md. Kashem Ali Bhuiyan and others, 2011, 40 CLC (AD)
.... Court Division which shows that he has accepted the decree passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 668. ...... Court Division which shows that he has accepted the decree passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 668. ...... TK.3,00,000.00(three lakhs) to the defendant within 1(one) month from the date of execution of the deed of agreement and though they went to the house of defendant on 30.07.2000 and offered the said amount to him, he refused to accept the same saying that he would not sell the suit land, onus was s..Category: Property Law | Date: | Hits: 72
A. Rahman Lasker and other Vs. Abul Kalam and other, 2011, 40 CLC (HCD)
.... granted at the time of issuance of Rule is hereby vacated. Send down a copy of this order to the Court below at-once for information and necessary action. Ed. This Case is also Reported in: ......it could not be allowed if it changed the nature and character of the suit, or if the prayer for amendment had become barred by lapse of time and a right had accrued to the other side. But the latter principle can be departed from if there are circumstances which outweigh the hardship and cause a pr...... granted at the time of issuance of Rule is hereby vacated. Send down a copy of this order to the Court below at-once for information and necessary action. Ed. This Case is also Reported in: ..Category: Administrative Law | Date: | Hits: 199
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....we find no merit in this Rule. In the result the Rule is discharged without any order as to costs. Tariq ul Hakim J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 203. ......we find no merit in this Rule. In the result the Rule is discharged without any order as to costs. Tariq ul Hakim J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 203. ......curity money of Tk. 15,00,000/- and the property has been allotted to him vide memo dated 9.5.99 (Annexure-4). Hence, he has a legal right to have the lease agreement executed upon paying the balance amount of the bid money. 8. Refuting the contention of the respondents that petitioner no. 1 has ..Category: Property Law | Date: | Hits: 135
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