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Wahida Rashid (Most) and another Vs. Miron Muhammad Zahidul Hoque, 1990, 19 CLC (HCD)
....Chockia Thevar Vs. Shanmugasundaram Chetliar and another, AIR 1965 (Madras) 610; Chief Kwame Asante, Tredehene Vs. Chief Kwame Tawia, 9 DLR (PC) 686; AIR 1956 (Madras) 611; Mafizuddin Mia Vs. Muzlim Khandaker and others, 6 DLR 588; Neyaz Ahmed Khan Vs. Anwari Khatoon, 22 DLR 444, Santosh Lala Ghope ......e suit is barred by limitation and whether the plaintiff has arty bona fide requirement for the suit premises have been decided in favour of the plaintiff and against the defendants. So the main controversy before the Trial Court was whether the defendants were habitual defaulter and whether the ten......not call for any interference by this Court at this revisional stage. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 115...Category: Property Law | Date: | Hits: 66
Bakth Bibi Vs. Bangladesh, 1992, 21 CLC (HCD)
....ernment are without authority and of no legal effect. I, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ......Original Jurisdiction) Present Naimuddin Ahmed J Mohammad Gholam Rabbani J Bakth Bibi……………….Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Works, Government of Bangladesh and others………………..Respondents Judgment October 28, 1992. ......e property in question was left uncared for and the whereabouts of Abdul Khaleqe was unknown to the Government, the same was rightly declared as abandoned property and was taken under the control and management of the Government. 4. Heard the learned advocates and perused the impugned judgment an..Category: Property Law | Date: | Hits: 73
....ition, leaving nothing for us to interfere in mandamus.
We find no substances in this application which is thus summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 95.
......xure ‘V’) but also to no result. Thereafter according to the petitioner two board meetings of the said Mills were held on 25.6.92 and on 2.8.92 where it was decided that to put an end to the controversy a retender be called. The petitioner filed an application before the Chairman, Bangladesh Che......ition, leaving nothing for us to interfere in mandamus.
We find no substances in this application which is thus summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 95.
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Category: Others | Date: | Hits: 128
Hashem (Md.) Vs. Bangladesh and others, 1990, 19 CLC (HCD)
....s not an abandoned property. In the facts and circumstances of the case, we direct both parties to bear their respective costs although. Ed. This Case is also Reported in: 43 DLR (1991) 109. ......citizen of Bangladesh and that the suit property is not an abandoned property. 3. The case of the plaintiff is that he is a citizen of Bangladesh and a permanent resident of Dhaka since 1948. The Government leased out the suit property to the plaintiff on 5.6.1961 for 99 years commencing from 1.1......itten statement denying the material allegations and contending that the suit is not maintainable and that the suit property was taken over as an abandoned property and it has been under the control, management and supervision of the defendants and it has been allotted to one Begum Roushan Ara from ..Category: Property Law | Date: | Hits: 73
Nazir Ahmed and others Vs. Md. Hazee Kalu, 1989, 18 CLC (HCD)
.... Their case was that Ejahar Mia did not sell the suit land to the plaintiff and the plaintiff never got possession of the same. Ejahar Mia took loan of some money from the plaintiff and executed some handnotes as security for the loan. They further alleged that there was an agreement that the plaint...... other point in support of the appeal. There is no substance in this appeal. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 75. ...... other point in support of the appeal. There is no substance in this appeal. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 75. ..Category: Property Law | Date: | Hits: 66
Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)
.... LIGH Ariff and others Vs. Bengal Silk Mills Lid. and another, 1949 Cal. 350; Zeauddin and others Vs. Abdur Rafique and others, 1952 Pat. 66; All India Groundnut Syndicate Ltd. 1945 Bom. 07; Amar Chand Vs. Anwari Lall Rakshit, 1949 Cal. 608; Hari Prashad Vs. Mr. Soogni Devi, 67 IC 123; Manilal Vs...... deliver the judgment I am impelled to make certain observation on the conduct of this case. The history in conducting this case, a luxury litigation, at the instance of the two agencies of the same Government must receive disapproval of this court. A luxury litigation, defying the decision to settl......nt one. In view of my discussion, I am led to hold that the appeal must fail. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 89. ..Category: Alternative Dispute Resolution | Date: | Hits: 174
Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
....the impugned judgment and order of conviction and sentence is wholly bad, illegal and as the same has passed against the weight of evidence on record. The learned Advocate for the State, on the other hand, has submitted that the learned Assistant Sessions Judges has on due consideration of the evide......urrence and it was the complainant party whose members trespassed into the same and attacked the members of the accused party to dispossess them therefrom and consequently there was a "Mara‑Mari” over the dispute regarding title and possession of the case land and in the melee, both the sides su......ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ..Category: Criminal Law | Date: | Hits: 86
SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ompany is allowed to sell schedule-A property by private negotiation, it will not affect the interest of the decree-holder bank in any manner, but the petitioner will be benefited. 8. On the other hand Mr. Ali Mostafa Khan appearing with Ms. Nahid Sultana, learned Advocates for the respondent ban......imited, Bangshal Branch, Dhaka as plaintiff instituted Artha Rin Suit No.33 of 2003 before the Artha Rin Adalat No.3, Dhaka against the defaulting borrower M/S Florida International and others for recovery of loan amounting to Taka 1, 80, 92,680.24 (one crore eighty lac ninety two thousand six hundr......ill proceed in accordance with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.-I agree. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 80
Mohammad Shahabuddin Vs. Government of the People’s Republic of Bangladesh, 2011, 40 CLC (HCD)
....ing that the board in subsequent occasion has decided to issue an offer letter by escalating the cost on condition to withdraw this writ petition, but it has not also been so done. 4. On the other hand, respondent No.3 has filed an affidavit-in-opposition stating that on failure to have the appro......m Hossain Chowdhury J Mohammad Shahabuddin, Proprietor, Sunrise Engineers, 18/1 Moneswar Road, Zigatola, Dhaka-1209………...................................................Petitioner Vs. Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Educat...... Let a Copy of this judgment be sent to the concerned authority at once for information and necessary action. Md. Akram Hossain Chowdhury J. - I agree. Ed. This Case is also Reported in: ..Category: Others | Date: | Hits: 133
Zahangir Sheikh and another Vs. State, 2011, 40 CLC (HCD)
....ng injury to her right ear, when the other took gold ornaments from his daughter. Hearing her (daughter’s) cry, the informant waked up and saw the robbers standing in his front with Ramdao in their hands. He could recognize two of them as Zahangir and Emdad (herein the appellants) in electric ligh......(not examined), and Mohar Ali (not examined) rushed into the house of occurrence, when the informant disclosed their (robbers’) identity to the said neighbours. 3. The informant lodged an ejahar over the said occurrence at 4.30 p.m. on 13.8.1994, which gave rise to Bagerhat Police Station Case ......Session Case No.41 of 1995 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J. - I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 58
Babul and others Vs. State, 2011, 40 CLC (HCD)
....d him (Abdur Rashid). In the background of such enmity, appellant Nos.1 and 2 called him on 13.10.1997 at about 1.00 p.m. to go for fishing. At about 6 p.m. they (appellant Nos.1 and 2) came back and handed over his wearing apparels with some fishes to her husband. He asked them his (Abdur Rashid’......Abdur Rashid). In the background of such enmity, appellant Nos.1 and 2 called him on 13.10.1997 at about 1.00 p.m. to go for fishing. At about 6 p.m. they (appellant Nos.1 and 2) came back and handed over his wearing apparels with some fishes to her husband. He asked them his (Abdur Rashid’s) wher......other case. Since appellant No.3 Abdur Rab Chowkider is on bail, he is released from his bail bond. Send down the lower Court records. Borhanuddin J.-I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 111
Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)
....ance the order, excluding the mutwalli from the mutwalliship, has been issued. He further submits that the petitioner was not even given an opportunity to reply to the allegations. 4. On the other hand, Mr. Baset Mazumder, the learned Advocate appearing on behalf of the respondent Nos. 2, 3 and 4......the mutwalli is excluded from Mutwalliship and for the good administration of the Waqf estate a committee of five members mentioned below is approved temporarily for two years. Charge should be taken over from the outgoing mutwalli, Jamal Tobarak Ali, and this office be informed. Committee member......sed the Administrator of Waqfs, excluding Tobarak Sikder from the mutwalliship of Al‑Haj Mohammad Yousuf Sardar (Gausia Market) Waqf Estate and approving a Special Committee of five persons for the management of the said Waqf for a period of two years. An order was also passed staying the impugned..Category: Trust/Waqf Law | Date: | Hits: 157
Gouri Rani Dutta Vs. Taib Ali & others, 1989, 18 CLC (HCD)
....equent suit namely, Title Suit No. 108 of 1986, is barred under provisions of Order XXIII rule 1(3) C.P.C. 9. Mr. M I Faruqui, learned Advocate for the plaintiff‑opposite parties, on the other hand, submits that there is absolutely no legal bar in instituting as many suits as the plaintiffs c......egal bar in instituting as many suits as the plaintiff can on the same cause of action in as many different forums as he chooses. The remedy of the common defendant in the multifarious suits will be governed by section 10 of the code of civil procedure. The language of section 10 is a clear indicati......ink that the said question has any relevance. For all the above reasons the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 13. ..Category: Procedural Law | Date: | Hits: 92
Tajjaternessa Vs. Md. Suruj Mia and others, 1992, 21 CLC (HCD)
....1984 inasmuch as final decree had already been passed on compromise between all the parties on 25.11.1964. 4. Mr. Md. Amir Hossain, learned Advocate for the Opposite Party Nos.1 to 3, on the other hand, submits that as per terms of the compromise petition opposite parties filed an application for...... 1963 is set aside. Any of the parties to decree in that suit may apply for engrossment of the decree on stamped paper, if so advised. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 28. ...... 1963 is set aside. Any of the parties to decree in that suit may apply for engrossment of the decree on stamped paper, if so advised. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 28. ..Category: Property Law | Date: | Hits: 76
Sheikh Md. Shahidun Nabi Vs. University of Dhaka and others, 1991, 20 CLC (HCD)
....ইবে।” On receipt of the said letter (Annexure‑D) the petitioner met the Assistant Controller of Examination‑2 in his chamber and the said Assistant Controller of Examination‑2 handed over a sheet of plain paper to the petitioner and gave dictation to the petitioner in Bengali......ে।” On receipt of the said letter (Annexure‑D) the petitioner met the Assistant Controller of Examination‑2 in his chamber and the said Assistant Controller of Examination‑2 handed over a sheet of plain paper to the petitioner and gave dictation to the petitioner in Bengali for co......in passing the impugned order dated 28.11.89 (Annexure-I). In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 20. ..Category: Others | Date: | Hits: 122
....herefore, find no merit in the contentions of the learned Advocate for the appellant.
In the result, the appeal is dismissed with costs.
Ed.
This Case is also Reported in: 48 DLR (1996) 28.
......ions mentioned above can only be detected by a literate and intelligent person. It would be difficult for an illiterate and ordinary buyer of this country to make any distinction between the two. Moreover, plaintiff has been marketing his soap with trade mark which has been registered on 13th Januar......t there are dissimilarities between the two labels of the plaintiff and the defendant. Both the trademarks are registered trade mark and that plaintiff as well as the defendant company were under the management of the same Corporation for some time when plaintiff Company did not raise objection with..
Category: Intellectual Property Law | Date: | Hits: 224
Munshi Amiruddin Ahmed Vs. Begum Shamsun Nahar, 1994, 23 CLC (HCD)
....he landlord as advance to be adjusted against the rent and for that reason by adjusting the arrear rents from the said unadjusted advance it was held that the tenant was not a defaulter. On the other hand, in the case reported in 1984 BCR 520 (AD) a sum of Taka 1,000.00 was paid by the tenant to the...... as salami from the defendant under the said agreement. Clause 3 of the said agreement provides that if the defendant fails to pay rent continuously for 4 months the plaintiff would be entitled to recover the same by legal action against her, whereas Clause 4 provides that the defendant will be enti......dge in refusing for ejectment in favour of the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Referred to: 48 DLR (1996) 21. ..Category: Tenancy Law | Date: | Hits: 167
Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)
....in flagrant violation of Article 116 of the Constitution and, as such, cannot be sustained. 12. Mr.TH Khan, the learned Counsel, appearing on behalf of the contesting respondent, has, on the other hand, contended that the petitioner is aggrieved as he has been superseded by three District Judges ...... Naimuddin Ahmed J Md. Rahul Amin J Aftab Uddin (Md.)....................................................Petitioner Vs. Bangladesh, represented by Secretary, Ministry of establishment, Government of the People’s Republic of Bangladesh and others………………….Respondents Ju......a) The terms and conditions of persons in the service of the Republic, including the matters provided for in Part IX and the award of penalties or punishments; (b) The acquisition, administration, management and disposal of any property vested in or managed by the Government by or under any law, ..Category: Employment/Service Law | Date: | Hits: 173
Bangladesh Vs. M/s. Mashrique Textiles and others, 1982, 11 CLC (AD)
....ut the supply of gunny bags by the plaintiff to the defendants. Plaintiff claims that he is entitled to get 5% price of the goods supplied to the defendants amounting to Taka 208,654.02. On the other hand, the defendants, contention is that plaintiff drew excess payment of Tk. 39,09,358.00 without, ......arbitration agreement under section 20 of the Arbitration Act. There was a contract, No. S/7/509/70-71 dated 9.2.71, between plaintiff-respondent No.1 and defendant No.2, namely, Director of Supply, Government of Pakistan, hereinafter referred to as “the buyer” for the supply of 57,50,000 B. Twi......at the agreement be filed in Court must, however, stand. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 66. ..Category: Alternative Dispute Resolution | Date: | Hits: 147
Md. Anowarul Mustakin and another Vs. State, 2011, 40 CLC (HCD)
....oss-examination this witness stated that the accused Mostakim is a student of Rajshahi University in the Department of Business Administration and he is a good student and a good player. On the other hand the accused Alauddin was a BDR personnel. He further stated that he did not give any mark on th...... witness in their favour. 7. The defence case as it transpires from the trend of cross-examination is that the accused persons are innocent. They were not the owners of molasses and nothing was recovered form them and they have been falsely implicated in this case as they did not meet the demand ......scharged from their respective bail bonds. Send down the lower Court records with a copy of this judgment immediately. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 68
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