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Government of Bangladesh and others Vs. Md. Mustafizur Rahman Kanchan, 2011, 40 CLC (AD)
....ease period peacefully, and as such whether the judgment and order passed by the High Court Division is liable to be set aside. III. Whether the lease deed having terms and conditions therein, any claim for breach of those terms is at all entertainable under the writ jurisdiction. The preparat......ty Attorney General instructed by B. Hossain, Advocate-on-Record-For the petitioners. Fazlur Rahman Khan, Advocate instructed by Mahmuda Begum, Advocate-on-Record-For respondent. Civil Petition for Leave to Appeal No.1846 of 2010. (From the judgment and order dated 08.04.2010 passed by the ......0,000/- for 1417 BS with VAT and Income Tax as is admissible under the Rules within 15.9.2010 positively failing which the order shall stand vacated. C. The petitioner is directed to pay the lease money for the 1418 BS in due course at the rate to be fixed by the respondents before 14.04.2011 and..Category: Fiscal/Taxation Law | Date: | Hits: 96
Bera Pourashava and another Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....03, three named petitioners who were voters resident of village-Amaikola under Bera Paurashava, challenged the aforementioned circular dated 29.09.2002. 3. In their writ petitions the petitioners claimed that a small portion of Sharisha and Karamza Mouza of Santhia Police Station, lying adjacent.......) Not represented- Respondents No.1-8 (In Civil Appeal No.218 of 2007.) Not represented- the respondents (In Civil Appeal No. 126 of 2006.) Civil Appeal No.218 of 2007 with Civil Petition for Leave to Appeal No.126 of 2006. Judgment Muhammad Imman Ali J. - Leave was granted to con......gment and order dated 11.05.2005 passed by the High Court Division in respect of Writ Petition Nos.5036 of 2002 and 3007 of 2003 are hereby set aside. Ed. This Case is also Reported in: ..Category: Election Law | Date: | Hits: 152
Amir Hussain Sowdager Vs. Mohammad Harunur Rashid, 2011, 40 CLC (AD)
....an application before the Court intimating that he was ready to execute sale deed in favour of the plaintiff. That application of defendant No.1 was rejected by the Court on 03.04.2003. It was the claim on behalf of the defendant No.1 that since time was of the essence, the bainanama became inop......vocate instructed by Md. Nawab Ali, Advocate-on-Record-For the petitioner. Nurul Islam Chowdhury, Advocate-on-Record-For respondent No.1. Not represented- respondent No.2 & 3. Civil Petition for Leave to Appeal No.2239 of 2010. Arising out of C.M.P.No.716 of 2010. (From the judgment a......ase of the defendant No.1, petitioner herein, is that after execution of the bainapatra and payment of Tk.15,00,000/- out of the agreed price of Tk.65,00,000/-, the plaintiff did not pay any further money. The defendant No.1 redeemed the mortgage and made the house vacant for execution and regist..Category: Property Law | Date: | Hits: 98
Government of Bangladesh and another Vs. Lutfun Nessa and others, 2010, 39 CLC (AD)
....rs that the suit property belonged on Nil Kanta Mondal. The plainÂtiffs did not say anything regarding the recording of the suit property in the C.S. Khatian in the name of Nil Kanta. Their basis of claim is S.A. Khatian which has no presumptive value. Krishna Mohan Mondal and Mona Mohan Mondal are......d-For the Petitioner (In Civil Petition No. 2029 of 2009) Subrata Chowdhury, Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Respondents. (In both the cases) Civil Petition for Leave to Appeal Nos. 1996 & 2029 of 2009. (From the judgment and order dated the 6th day......n the submissions of the learned Counsel for the petitioners. Accordingly, the petitions are disÂmissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 141, VIII ADC (2011) 189. ..Category: Property Law | Date: | Hits: 93
Amina Khatun & others Vs. M/s. Quickways Agency, 1990, 19 CLC (HCD)
....iginal Order No. 57 of 1976. Judgment AM Mahmudur Rahman J. - This appeal is directed against an order of the Commissioner for Workmen's Compensation, Chittagong made on 18.7.1969 disallowing a claim for compensation of Rs. 6000/‑. 2. The appellants filed Miscellaneous Judicial (WC) Case ......Respondent. Judgment August 6, 1990. Case Referred to- Aftab Flur and Allied Industries Ltd. Vs. Mst. Nasim Akhtar, 16 DLR (WP) 199. Lawyers Involved: Sk. Zulfiqur Bulbul Chowdhury for Farmanullah Khan, Advocates ‑ For the Appellants. Not represented-the Opposite Party. Ap......e first proviso to section 30 of the Act. There is no substance in this appeal. The appeal is summarily dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 325. ..Category: Labour and Industrial Law | Date: | Hits: 98
Sadharan Bima Corporation Vs. Bangladesh Shipping CorÂporation and others, 1990, 19 CLC (HCD)
....dant No. 1 petitioner under Order 7, rule 10 read with section 151 of the Code of Civil Procedure for return of the plaint to the plaintiff. 2. The plaintiff instituted the present suit on 16.6.84 claiming a decree for compensation for an amount of Tk. 1,81,250.00 against the defendant No. 1 name......alty Suit No. 14 of 1984. Judgment Md. Mozammel Hoque J. - This is an application filed by Defendant No. 1 petitioner under Order 7, rule 10 read with section 151 of the Code of Civil Procedure for return of the plaint to the plaintiff. 2. The plaintiff instituted the present suit on 16.6.8...... the Admiralty Court Act. 10. Mr. Manjur-ur Rahim submits that the plaintiff may be treated as consignee of the proforma‑defendant No. 3 the importer, because the plaintiff paid the compensation money to the defendant No. 3 and for that money the plaintiff has now filed the present suit. It is ..Category: Admiralty Law or Maritime Law | Date: | Hits: 175
Abdus Sobhan Vs. Harekrishna Kundu and another, 1988, 17 CLC (HCD)
.... 17, 18 and part of paragraph 19 of the petition which have been quoted in the schedule appended to the plaint. The plaintiff has also suffered consequential mental agony. The plaintiff has therefore claimed Taka 10,500.00 as compensation for the damage to the reputation caused by the defendants and......hman J. - This appeal at the instance of the plaintiff is directed against the judgment and decree passed by the Subordinate Judge 3rd Court, Dhaka in Money Suit No. 158 of 1969 arising out of a suit for realisation of compensation for damage to the plaintiff's reputation allegedly caused by the def...... witness also stated in cross‑examination that he lips no dispute with this defendant over the Rice Mill or over the property on which the mill was situated. The plaintiff deposed that he filed the money suit claiming Tk. 10,500.00 as damages as the plaintiffs reputation suffered due to publicatio..Category: Civil Law | Date: | Hits: 89
Government of Bangladesh Vs. Abdul Wahid Sheikh (dead) his heirs & others, 1990, 19 CLC (HCD)
....ition as tenants in respect of the said lands under section 86 of the State Acquisition and Tenancy Act. The Additional Deputy Commissioner, referred the matter to the Local Circle Officer, (Rev) who claimed the suit lands as accretions to the Government lands and denied the plaintiffs' title to the......udgment and decree dated 30.11.67 passed by Mr. Jyotirmay Chakrabarty, Subordinate Judge, Second Court, Barisal in Title Suit No. 108 of 1966. 2. Respondent Nos. 1‑14 instituted the suit praying for declaration of their raiyati right to the disputed land measuring 29.82 described in the schedul......gment delivered by the learned Subordinate Judge also abates. The appeal is, accordingly, disposed of. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 308. ..Category: Property Law | Date: | Hits: 77
Rustom Ali Vs. Jamila Khatun, 1990, 19 CLC (HCD)
....osite party of this revisional application filed a suit before the learned Munsif, Fulbaria Upazila, in the District of Mymensingh, acting as the Family Court under the Family Courts Ordinance, 1985, claiming dissolution of her marriage with the petitioner of this revisional application and maintena......f Civil Procedure an order granting past maintenance along with other relief to a divorced wife and her son has been challenged. 2. The opposite party of this revisional application filed a suit before the learned Munsif, Fulbaria Upazila, in the District of Mymensingh, acting as the Family Court......all be modified accordingly and all other reliefs granted by them shall remain undisturbed. The parties shall bear their respective costs. Ed. This Case is also Reported in: 43 DLR (1991) 301...Category: Family Law | Date: | Hits: 253
Captain Shamsul Alam Chowdhury Vs. Shirin Alam Chowdhury, 1991, 20 CLC (HCD)
....l made by the petitioner under section 17 of the Family Courts Ordinance on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 297.......alling upon the opposite party to show cause as to why the judgment and order dated 18.4.90 passed by the District Judge, Dhaka in Misc. Appeal No. 71 of 1990 should not be set aside. 2. The facts for the disposal of the rule are: On 28.9.87 the petitioner filed the suit No. 10 of 1987 in Fami......l made by the petitioner under section 17 of the Family Courts Ordinance on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 297...Category: Family Law | Date: | Hits: 230
AHM Kamaluddin another Vs. The State, 1989, 18 CLC (HCD)
....the result, the application is summarily rejected. Let a copy of this judgment be sent to the Court of the Divisional Special Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (1991) 294. ...... 338 of 1989. Judgment Fazle Hussain Mohammad Habibur Rahman J. - This is an application under section 561A of the Code of Criminal Procedure by accused petitioners. AHM Kamaluddin and MA Karim for issuing a Rule calling upon the State to show cause why the order dated 6.8.89 passed by Mr. Mun......itioner AHM Kamaluddin, Ex‑MD and accused petitioners MA Karim, Ex‑GM of Bangladesh Shilpa Bank in collusion with the borrower Sk. Maniruzzaman collusively sanctioned and disbursed huge amount of money specifically mentioned in the charge‑sheet in violation of the provisions of the rules of th..Category: Criminal Law | Date: | Hits: 63
....ted 23.5.72 requested the insurance company for appointment of surveyor for assessment of plaintiffs loss, but the insurance company by their letter dated 25‑5‑72 intimated the plaintiff that the claim was not payable under the “usual policy", that the plaintiff thereafter by their letter date......sed by the learned Subordinate Judge and Commercial Court No. II, Dhaka in Title Suit No. 338 of 1984.
2. The plaintiff‑respondent, the Dhaka Dyeing and Manufacturing Company Limited, filed the aforesaid suit under section 20 of the Arbitration Act praying for an order that the arbitration agre......lt this appeal is allowed and the suit is dismissed. In view of the facts and circumstances of the case there will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 286.
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Category: Alternative Dispute Resolution | Date: | Hits: 170
....tion. The rule is accordingly discharged without any order as to costs.
The order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 43 DLR (1991) 282.......ties instituted Title Suit No. 288 of 1976 in the 2nd Court of Munsif, Dhaka which was subsequently‑ transferred to the Assistant judge, Savar, Dhaka and re‑numbered as Title Suit No. 372 of 1984 for a declaration of title in the suit properties wherein the defendant petitioner was added subsequ......will prejudice the defendant in his defence. In the said suit the plaintiff’s case as stated in the plaint originally was that he had paid to defendant and the latter had received certain amount of money. When it was proved that the defendant could not and did not receive the money from the plaint..
Category: Property Law | Date: | Hits: 146
Dilip @ Siddiqur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....und the reaping of paddies by the informant party and the obstruction thereto by some of the accused the learned Judge failed to notice that the prosecution did not put up any case or any evidence to claim that the disputed paddies were grown by the informant party. (ii) The learned Judge also fa......cused‑appellants have jointly preferred this appeal against the order of conviction and sentence passed against them by Sessions Judge, Mymensingh. 2. The prosecution case as was stated by the informant PW 1 Abdul Latif is as follows: On 20.11.86 the informant along with 6 or 7 others includ......ants are affirmed. The appellants 3‑9 who are on bail are directed to surrender to their bail bond to serve out their remaining sentence. Ed. This Case is also Reported in: 43 DLR (1991) 269. ..Category: Criminal Law | Date: | Hits: 61
....d over to the plaintiff. The suit properties viz, the above 5 houses were not contemplated for sale and as such the same were not mentioned in the schedule of the agreement. It is their case that the claim of the plaintiff that the suit properties belong to the Ferdous Tannery is irrelevant, rather ......gment and decree dated 27.5.84 passed by the Subordinate Judge, 4th Court, Dhaka in Title Suit No. 952 of 1981 decreeing the suit in favour of the plaintiff.
2. The defendants are the appellants before this Court. The plaintiff‑respondent, a limited company, instituted the aforesaid title suit ......formance of contract is dismissed.
There will, however, be no order as to costs. Let the lower Court's records be sent down immediately.
Ed.
This Case is also Reported in: 43 DLR (1991) 256.
..
Category: Property Law | Date: | Hits: 73
Mosharraf Hossain Mia Vs. Mosammat Hasina Begum and others, 1990, 19 CLC (HCD)
....e: Provided that the defendant shall not be arrested if he pays to the officer entrusted with the execution of the warrant any sum specified in the warrant as sufficient to satisfy the plaintiffs' claim; and such sum shall be held in deposit by the Court until the suit is disposed of or until the......against the order dated 20.2.89 passed by Mr. Mominullah, Subordinate Judge, Bhola in Title Suit No. 7 of 1985. 2. The relevant facts of the case are that the opposite parties filed the above suit for declaration that the five kabalas executed by the defendants on 7.4.84, 6.5.84 and 13.5.84 are i......mpugned order of the learned Subordinate Judge is set aside. The learned Subordinate Judge should dispose of the suit as early as possible. Ed. This Case is also Reported in: 43 DLR (1991) 254. ..Category: Property Law | Date: | Hits: 85
Bangladesh Road Transport Corporation Vs. M/s. Ashraf Jute Mills Ltd., 1990, 19 CLC (HCD)
.... page 561. In that book the definition of creditor is given. It speaks that the word 'creditor' as defined in section 153 of the Companies Act, 1913 means that any person having any kind of pecuniary claim against the 6ompany. Palmer's Company Law Vol. I Para 81‑(53) and (65) show that the landlor......‘ For the Petitioner. Not represented ‑ the Respondent. Matter No. 9 of 1987. Judgment Md. Mozammel Hoque. - This is an application under sections 162 and 163 of the Companies Act, 1913 for winding up of the respondent company namely, M/s. Ashraf Jute Mills Ltd. having its office at Pa......ioner being landlords comes within the purview of the term 'creditor'. The learned Advocate submits that there are two alternative ways for the petitioner to realise the dues, one by filing a regular money suit in Civil Court and the other by filing an application before this Court under section 162..Category: Company Law | Date: | Hits: 165
Fahim Al Haque (Minor) and another Vs. Mohammad Abdul Aziz and others, 1990, 19 CLC (HCD)
....e suit as expeditiously as possible preferably within six months from the date of receipt of this order if the suit is otherwise found ready. Ed. This Case is also Reported in: 43 DLR (1991) 226.......be set aside. 2. Plaintiffs are the petitioners in this application. It is their case that they filed a suit being title Suit No. 35 of 1986 in the Court of the learned Subordinate Judge, Faridpur for partitioning the suit land. The plaintiffs after filing the suit filed an application under Orde......ey took loan from the house Building Finance Corporation for Construction of multistoried building there. In some portion of the Suit plot they have in fact constructed a building at a huge amount of money. The defendants have never encroached upon any portion of the land of the plaintiffs and after..Category: Property Law | Date: | Hits: 59
Dewan Mohammad Safare Ali & others Vs. People's Republic of Bangladesh, 1990, 19 CLC (HCD)
....ate Court violated the principle laid down in Order XLI Rule 31 of the C.P.C. in as much fie did not discuss the evidence on record specially the kabuliyat Ext. 1 in which the plaintiff has based his claim. It is further submitted that Courts below misconstrued the document in which order of mutatio......it No. 590 of 1981. 2. Facts giving rise to this Rule may briefly be stated thus: Petitioners as plaintiffs instituted the suit in the 1st Court of Munsif, Tangail being OC suit No. 590 of 1981 for declaration of title to the suit land contending inter alia that 4 sons of Saraiat Ullah were th......ance with the principle laid down in Order XLI Rule 21 of the CPC. In the result, the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 221...Category: Property Law | Date: | Hits: 60
Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)
....se. In the result, the appeal of Abdul Bari is allowed and those of others are dismissed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 43 DLR (1991) 336. ...... 1987 and 188 of 1987 convicting all the accused‑appellants under sections 304, Part 11/34 of the Penal Code and also to pay a fine of Tk. 5,000/‑ each, in default to suffer rigorous imprisonment for one year more. A case being UD Case No. 10 of 1986 was Started on the death of one Shafiqul Isla......s kept in custody at Ramna PS from 23.10.86 to 25.10.86. It is alleged by the prosecution that during this time Arun was seriously beaten. Prosecution further alleged that accused appellants extorted money from Arun's father and further threatened that if sufficient amount of money was not paid to t..Category: Criminal Law | Date: | Hits: 87
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