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Mustafizur Rahman Vs. State and others, 1992, 21 CLC (HCD)
....en contacted State Minister for Finance Mr. M Mojibur Rahman said that he had received information from different parts of the country that the branches of the BCI Limited had become unable to honour claims of their clients. The said report published in the Daily Star dated April 23, 1992 also state...... on 26.4.83 as an Assistant Vice‑President. Subsequently he became its Vice‑President with effect from 1.1.86 and served till 8.1.87. It appears from the papers submitted by the Bangladesh Bank before this Court that accused petitioner Mustafizur Rahman although served in the National Bank Limit......aud is said to have criminally misappropriated about Tk. 200 crores of the depositors who deposited in the BCI Limited in its 24 branches throughout the country and when the depositors demanded their money the accused-petitioner wrote to the Bangladesh Bank a letter dated 23.4.92 for call loan of ..Category: Criminal Law | Date: | Hits: 125
Bangladesh Vs. Md. Ishaque being dead his heirs Lakhaxmi Bibi and others, 1992, 21 CLC (HCD)
....ompensation for the land. 3. Being aggrieved by the assessment of compensation made by the LA Collector, the respondent preferred Arbitration case No.333/1984. Before the Arbitrator the respondent claimed compensation @ Taka 50,00,000.00 per acre. The respondent also claimed recurring compensatio.......1975 acres of ditch land of respondent had been requisitioned and finally acquired on 28.2.83 in LA case No.41/64‑65. The land acquisition collector assessed in all Tk. 1,10,627.74 as compensation for the land. 3. Being aggrieved by the assessment of compensation made by the LA Collector, the ......xecuting the award dated 28.5.85. It is further stated by the respondent that appellant Bangladesh appeared in the said execution case on 14.5.87 and prayed for two months' time to deposit the sum of money awarded. 7. Mr. Abdul Rashid Gazi, the learned Advocate for the respondent, submitted that ..Category: Property Law | Date: | Hits: 76
Anwara Rashid and others Vs. Deputy Commissioner, Dhaka and others, 1992, 21 CLC (HCD)
....inal acquisition line and also objected to the mode of survey conducted by the surveyors of the respondent Nos. 1 and 3 and requested for joint survey. Accordingly, on 24.12.91 a summary was made and claim of petitioners found correct and the survey made before issuing acquisition notice was wrong a......that land and the mosque and grave of their predecessor late Colonel MA Rashid to the southern side thereof. Respondent No.3, Chairman Rajdhani Unnayan Kartipakhya, in short, RAJUK required some land for construction of the link road connecting Green Road with Mirpur Road and the Planning Commission...... the rules under judgment. In the result all the Rules are discharged without any order as to costs. Orders of stay stand vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 207. ..Category: Property Law | Date: | Hits: 79
Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)
....ection 439A, the present application does not fall in the category of second revision and, therefore, the question of maintainability is answered in favour of the petitioner. 10. In support of the claim of the petitioner as father to get the custody of the victim girl, Mr. Ruhul Amin submits that...... on 3.4.91 on the prayer made on behalf of the petitioner, the opposite parties No.2 to 5 (accused in the case out of which the present Rule arises) as mentioned in paragraph 2(ii) of the application for amendment, were impleaded as parties and Rule was also issued against them. Simultaneously praye......s concerned in the case. In the result, the rule is discharged. Let this order be communicated to the trial Court for information. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 197. ..Category: Criminal Law | Date: | Hits: 80
Rupali Bank Vs. Haji Ahmed Sabur & another, 1990, 19 CLC (HCD)
.... 1, Rupali Bank against the judgment dated 19.3.86 and decree dated 25‑3.86 passed by the Subordinate Judge, 2nd Court Chittagong in Money Suit No. 6 of 1984 allowing plaintiff‑respondent No. 1's claim in part for recovery of Tk. 1,59,265.00 with interest at the rate of 15% per annum from 27. 1.......k against the judgment dated 19.3.86 and decree dated 25‑3.86 passed by the Subordinate Judge, 2nd Court Chittagong in Money Suit No. 6 of 1984 allowing plaintiff‑respondent No. 1's claim in part for recovery of Tk. 1,59,265.00 with interest at the rate of 15% per annum from 27. 1.80 till realiz......intiff as guarantor in the said import of Md. Abul Hussain. The plaintiff is entitled to recover the said amounts with compensation and thus suffered a loss of Tk. 2,64,066.32. The plaintiff demanded money from the defendant bank but they refused to pay the some. Hence the plaintiff filed this suit...Category: Civil Law | Date: | Hits: 83
Tripura Modern Bank Ltd. Vs. Sunil Kumar Rajgharia and others, 1990, 19 CLC (HCD)
.... under section 47 of the Code and the same was dismissed on 16.1.71. He again filed Miscellaneous Case No. 30 of 1971 under section 47 of the Code and the same was allowed on 16.1.75 holding that the claim of the decree holder before the High Court in the said Matter No. 31 of 1962 was barred by lim......udge, 1st Court, Chittagong in Money Execution Case No. 67 1968 striking out the said execution case. 2. It appears that the said Money Execution Case No. 67 of 1968 was filed by the decree holder for realisation of the sum Tk. 1,11,915/13 with interest on the decreetal dues of TK. 1,03,532.75 in......s No. 2 and 3 to the petitioner within two months. The executing Court is directed to proceed with the execution case in accordance with law, Ed. This Case is also Reported in: 43 DLR (1991) 460...Category: Civil Law | Date: | Hits: 103
Progati Industries Ltd. Vs. Shahida Khatun and others, 1991, 20 CLC (HCD)
....BSRS successor of the PICIC with interest. Ext. 1 (2) dated 15.12.73 is a clearance certificate issued by the BSRS in favour of the M/s. Progati Industries Ltd who paid the said sum of Taka 50,947/67 claiming to be successor of the purchaser company. On consideration of the said documents we find th......1977. 2. Deceased plaintiff Abdul Halim who died during the pendency of the suit filed Title Suit No. 347 of 1977 in the First Court of the Subordinate Judge, Dhaka on 14.9.1977 against defendants for declaration of tide and recovery of khas possession in the suit property measuring 1.50 acres of......iable to be dismissed for want of cause of action, that the plaintiff intentionally made false and misstatement regarding the terms of compromise; that the plaintiff did not pay 1st instalment or any money under the decree on 12.3.70 or any other date; that it is not true that the agreement with M/s..Category: Property Law | Date: | Hits: 69
....t was held by a Full Bench of the Allahabad High Court that it is the interest of the applicant which must be directly affected by the statute or the order complained against and the applicant cannot claim that his interests are affected. It was held that the Association was not competent to maintai......
Badruzzaman J
Bangladesh Shangbadpatra Parishad...........................Petitioner
Vs.
The Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Information, Bangladesh Secretariat, Dhaka and others...........................Respondents.
Judg......
Certificate as prayed for by the learned Advocate appearing for the petitioner, under Article 103(2)(a) of the Constitution, is refused.
Ed.
This Case is also Reported in: 43 DLR (1991) 424.
..
Category: Constitutional Law | Date: | Hits: 246
Motiul Hoque Vs. Dhaka Improvement Trust (RAJUK) & another, 1990, 19 CLC (HCD)
.... the plaintiff over the suit property. But as it has cast a cloud over the title of the plaintiff in the suit property he has been compelled to file the suit. 4. The defendant No. 1 challenged the claim of the plaintiff by filing written statement stating, inter alia, that the suit is not maintai......ed by Mr. Nurun Nabi Chowdhury, Subordinate Judge, 1st Court, Dhaka, in Title Suit No. 103 of 1985 dismissing the suit on contest with cost. 2. The appellant Motiul Haque as plaintiff filed a suit for declaration with a prayer for a decree that the plaintiff has right, title and interest in the s......efore the alleged termination of the lease. It is also alleged that the defendants have not instituted any suit to recover the suit property, nor paid the sum of Taka 8,154.00 being the consideration money which was paid by the plaintiff to the defendant No. 1. It is asserted dial the plaintiff havi..Category: Property Law | Date: | Hits: 87
Abdul Khaleque Sarder Vs. Mohammad Asgor Ali Morol and others, 2010, 39 CLC (AD)
....n 16.09.1968. Thereafter, Sunu Morol transferred 4 acres of land to Abdul Jahbar Sardar and A. Latif Sardar on 03.03.1969 and that either Alek Morol or his sons Abu Bakar, Azgor and Jahurul did never claim any title in the suit land on the basis of auction purchase and Sunu Morol's 1/3 rd shares of ...... Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Md. Nawab Ali, Advocate-on-Record-For Respondent Nos. 1-2. Not represented- Respondent Nos. 3-25. Civil Petition for Leave to Appeal No.108 of 2010. (From the judgment and order dated 05.08.2009 passed by the H......e him and they all used to pay rents through Abdul Jabbar. The defendant Nos.14 and 15 are the full brothers of Abdul Jabbar. The defendant Nos. 14 and 15 created some deeds without any consideration money in collusion with others and started a case under Section 23 of the Public Demands Recovery Ac..Category: Property Law | Date: | Hits: 69
Tea Hung Packaging (BD) Limited and others Vs. Bangladesh, 2010, 39 CLC (AD)
..... 3 is also directed to file the concise statement within 9(nine) weeks from date. The appeal is fixed for hearing on 25th January, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 206.......n-Record-For the Petitioners (In all the Cases) Ms. Ok-Kyung Oh (in person)-For Respondent No.3. (In all the Cases) Not represented-For Respondent Nos.1-2. (In all the Cases) Civil Petition for Leave to Appeal No. 1246 of 2010. (From the judgment and order dated 8.3.2010 passed by the H......, repetitious and vexatious litigations, failing thereby to prevent repetitious harassment to the writ petitioners as well as to prevent the abuse of the process of law at the cost of tax payers' money in vain." Preparation of the paper book is dispensed with as prayed for. Security of T..Category: Criminal Law | Date: | Hits: 70
Jamshed Ali and others. Vs. Azman Ali, 2008, 37 CLC (AD)
..... 1, 2, 3 and 6 they came from the same family and the P.W.6 is karmachari of P.W.1. This is a suit in representation character for declaration of right of easement and all the plaintiffs having same claim of title of easement right of pathway over the suit land deposed for the plaintiffs as they ar......d others........Respondents Judgment June 9, 2008. Lawyers Involved: Mohammad Nawab Ali, Advocate-on-record - For the Petitioners. Not represented – the Respondent. Civil Petition for Leave to Appeal No. 993 of 2007. (From the Judgment and Order dated 20th May, 2007 passed by ......urt Division considered all aspects of this mater and we do not find any legal infirmity in the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 69
Government of Bangladesh and others. Vs. Bokul Mia and others, 2009, 38 CLC (AD)
....on. In the circumstances of the case, we do not find any legal infirmity in the impugned judgment of the High Court Division. The appeal is dismissed. Ed. This Case is also Reported in: ...... 16th January, 2007 passed by the High Court Division in writ Petition No. 6024 of 2004 making the Rule absolute. 2. The writ petition was filed seeking direction on the Deputy Commissioner, Dhaka for paying compensation in respect of the land owned by the writ petitioners and acquired in L.A. Ca......eposited by the requiring body with the writ respondent No.3, he was required to pay the said amount to the writ petitioners and other land owners and the writ respondent No.3 having had not paid the money, his action is illegal. 5. The Rule was contested by the requiring body as well as the writ..Category: Property Law | Date: | Hits: 80
M/s. Golden Biscuit Co. Vs. AL‑Haj Rafique Mia and another, 1993, 22 CLC (HCD)
....lowed and the petitioner be permitted to make a deposit of his rent in favour of the landlords. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 181.......so transferred the rest of the holding in favour of Al‑haj Mir Jahan, opposite party in Civil Revision No.675 of 1990. As a result the petitioner became a tenant under them. The original landlord informed the petitioner of the said transfer by a registered notice, dated 16th November, 1987 and cal......ent of rent to the transferees. Similar notices were also sent by the transferees. On receipt of the said notices the petitioner sent his rents for the premises to the said transferees through postal money orders, dated 8th December, 1987. The money orders were returned un‑delivered with an endors..Category: Property Law | Date: | Hits: 78
Sk. Abul Qasem and others Vs. Mayez uddin Mondal and others, 1992, 21 CLC (HCD)
....Bala affixed her LTI and she also affixed her LTI on some other documents already filed in the Court in connection with the suit. Thereafter the defendant‑petitioners in order to substantiate their claim of purchase of the suit‑property and the genuineness of their kabala deeds, filed an applica......) of the Code of Civil Procedure and is directed against an order being Order No.89 dated 6.10.90 passed by the learned Subordinate Judge, Rajbari in Title Suit No.42 of 1988 rejecting an application for examination and report of the LTI of defendant No.1 Nihar Bala appearing on two sale‑deeds 29.......rder of stay granted earlier by this Court is hereby vacated. Let a copy of this order be transmitted to the court below immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 169. ..Category: Procedural Law | Date: | Hits: 84
....eferred to as the Act) for establishment of their rights, amongst others to get 1‑½ hours rest during the respective duty hours which is for more than 6 hours continuously. The respondents further claimed 1-½ days consecutive holidays in a week.
4. The said case was registered by the petition...... judgment and order passed on 7.8.85 by respondent No.1 as per Annexure C to the writ petition should not be declared to have been made without any lawful authority and of no legal effect.
2. The aforesaid Rule arises out of the following circumstances:
3. The petitioner North Bengal Paper Mil...... the impugned order without jurisdiction and the same is of no legal effects.
In the result, the Rule is made absolute.
No costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 167...
Category: Labour and Industrial Law | Date: | Hits: 112
Chittagong Textile Mills Ltd. Vs. Chairman, Labour Court, Chittagong and another, 1992, 21 CLC (HCD)
....ion of shift of Mill No.1. He fell ill with headache and he was examined by the Mill Medical Officer who on 12.4.84 recommended rest for one day and issued prescription for medicine. Thereafter it is claimed that his sickness took a serious turn and he went to his village home for better treatment. ......nd to be of no legal effect. 2. Pending hearing of the Rule, operation of the impugned order dated 15.6.87 reinstating the respondent No.2 to his previous post was stayed. 3. The relevant facts for the disposal of the Rule are as follows: The petitioner Chittagong Textile Mills Ltd. is a pu...... In the result, the Rule is made absolute with the above modification in the order of dismissal. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 159. ..Category: Labour and Industrial Law | Date: | Hits: 120
Moyezuddin Mondal Vs. Bena Rani Das & others, 1992, 21 CLC (HCD)
....ly necessary for release of her said daughter and she absolutely on good faith had signed the same; it was further alleged that her tenants have or had never paid rents to the plaintiff petitioner as claimed; that the deed of agreement is false, fabricated and a back dated one and, in fact, no such ...... the Code of Civil Procedure and is directed against an order being No.34 dated 16.3.89 passed by the learned Subordinate Judge, Rajbari in Title Suit No.42 of 1988 rejecting the petitioner's prayers for admitting or receiving some documents in evidence and for amendment of the plaint. 2. Facts r......d order stands valid and effective being not challenged. Let a copy of the judgment be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 154. ..Category: Procedural Law | Date: | Hits: 76
Silver Estate Ltd. Vs. Abdul Hakim Mia and others, 1991, 20 CLC (HCD)
....IT directed to deposit transfer fee of Tk. 5,05,000.00 plus Tk. 909.00 as service charge; defendant No. 2 published notice in the newspapers and also sent notice through his Advocate to the plaintiff claiming that the suit property belonged to the firm M/S. Hakim Humayun and Co. of which he was a pa...... instance of the plaintiff‑appellant is directed against the judgment and decree dated 18.2.1989 passed by the 3rd Court of Subordinate Judge, Dhaka in Title Suit No. 29 of 1983 dismissing the suit for Specific Performance of Contract for sale of the suit property after declaring that the defendan......ried building. The defendant No. 1 entered into a written agreement with the plaintiff to sell the suit property at a consideration of Tk. 43,000.00 and received the sum of Tk. 3,00,000.00 as earnest money on 15.7.82 on executing the said agreement; that in pursuance of the said agreement the defend..Category: Civil Law | Date: | Hits: 92
Anika Ali Vs. Rezwanul Ahsan, 2011, 40 CLC (AD)
....itioner, no money was paid. A child Farzan Ahsan, was born during their wedlock on 24.12.2003. Soon thereafter, the relationship between the petitioner and the respondent deteriorated. The petitioner claims that she was physically and mentally tortured by the respondent, who was a drug addict from t......dvocate-on-Record-For the petitioner. A. F. Hasan Arif, Senior advocate (with Rafiqul Islam Miah, Senior advocate) instructed by Zahirul Islam, Advocate-on-Record-For respondent. Civil Petition for Leave to Appeal No. 527 of 2011 (From the judgment and order dated 23.02.2011 passed by the H......nd the respondent Rezwanul Ahsan were married on 23.12.2002 under Muslim Law and the dowry was fixed at Tk.10,00,000/- of which 2,00,000/- was shown as paid, although, according to the petitioner, no money was paid. A child Farzan Ahsan, was born during their wedlock on 24.12.2003. Soon thereafter, ..Category: Family Law | Date: | Hits: 327
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