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Nirman International Ltd. and another Vs. Janata Bank, 2010, 39 CLC (HCD)
....r Rahman Khan, learned Advocate appearing before us who lighted us by presenting the law properly. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 57. ......r Rahman Khan, learned Advocate appearing before us who lighted us by presenting the law properly. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 57. ...... Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 57. ......be executable in Bangladesh as law does not permit so, the Courts below committed gross illegality in not considering the application under Order VII Rule 11 of the Code of Civil Procedure. 5. The question is very limited as whether UAE is reciprocating territory of Bangladesh and if not, then ac..Category: Civil Law | Date: | Hits: 168
Bangladesh Water Development Board and other Vs. Progati Prakaushali & another, 1996, 25 CLC (HCD)
.... legally made the award a rule of the Court. In view of the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 335. ...... legally made the award a rule of the Court. In view of the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 335. ......…………………………Opposite Parties Judgment May 13, 1996. Result: The application is rejected. Cases Referred to- 6 DLR 478; 8 DLR 305; PLD 1966 (Dhaka) 262; AIR 1941 (Sind) 111; 9 PLD 1960 (Lahore) 677; AIR 1947 (Mad) 315; 1988 BLD (HC) 369; 6 DLR 477; PLD 1957 (Karac......tten objection was in fact an application under section 33 of the Arbitration Act, yet the learned Subordinate Judge on valid ground kept that application out of consideration. 11. Now a pertinent question to be decided in the instant case is as to whether the instant appeal filed by the second p..Category: Alternative Dispute Resolution | Date: | Hits: 606
Abdul Latif Vs. Md. Sheesh, 1982, 11 CLC (HCD)
....The valuation matter is decided in favour of the plaintiff and the learÂned Munsif is directed to proceed with the trial of the suit. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 205. ......The valuation matter is decided in favour of the plaintiff and the learÂned Munsif is directed to proceed with the trial of the suit. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 205. ......¦â€¦â€¦â€¦â€¦â€¦â€¦Petitioner Vs. Md. Sheesh………………………Opposite Party Judgment April 27, 1982. Result: The Rule is made absolute. Case Referred to- Kumudini Welfare Trust Vs. Pakistan, 11 DLR (Dacca) 57. Lawyers Involved: M.I. Farooqui - For the P......and paid a fixed Court fee of Tk. 20/- on the plaint. The suit came up for hearing in the trial Court regarding the valuation matter. The learned Munsif held that until and unless the sale-deed in question is set aside by a competent Court of law the said deed has got some bearing as to the owner..Category: Civil Law | Date: | Hits: 123
Rawsan Ara Begum alias Rawshani Vs. State, 2005, 34 CLC (HCD)
....nt who is on bail is discharged from the bail bond. Send down the lower Court records at once for information and necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 29. ......nt who is on bail is discharged from the bail bond. Send down the lower Court records at once for information and necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 29. ......bond. Send down the lower Court records at once for information and necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 29. ......use of accused Rawshan Ara at village Huzrikanda. In view of the medical evidence as testified by P.W.9, Dr. A.P.M. Hezbul Bari it is indisputable that the deceased Joynal was lynched. 23. Now the question calls for our considerations whether the appellant had any complicity with this particular ..Category: Criminal Law | Date: | Hits: 142
Mohammad Ali Miah and others Vs. Md. Sekander Ali Haowlader, 2007, 36 CLC (HCD)
....ed the suggestion that he did not execute and register the sale deed due to enhancement of the price of suit land. He further deposed that they price of suit land. He further deposed that they are in possession of the suit land. 33. D.W.2, Abdul Aziz, deposed that he knew the plaintiff and the de......ished business man; that while he was looking for a place on the Dhaka Aricha Road to build a Patrol Pump, he came to know through his agents and brokers that the defendants intended to sell the suit land consisting of 88 decimals of land; that after negotiation, the price of the land belonging to t......appeal is allowed. Cases Referred to- Rash Behari Moshalkar Vs. Hiron Baja Debi and another, 1985 BLD (AD) 51; Silver Estate Ltd. Vs. Abdul Hakim Miah and others, 43 DLR 360; Rakhal Dasi Ranjakini Vs. Ayesha Khatoon Chowdhury and another, 1985 BLD (AD) 49; Jaggo Bai Vs. Hari Har Prosad Sing, ......ds that would make it judicial. No hard and fast rules can be laid down. In exercising its discretionary power a Court will grant or withhold relief according to the case presented. In every case the question must be whether the exercise of the power of the Court is demanded to sub-serve the ends of..Category: Civil Law | Date: | Hits: 102
....been adversely affected. The manufacturers of homeopathic drugs and medicines as users of alcohol and rectified spirit are now exposed to constant threat of being arrested and harassed for keeping in possession rectified spirit or any liquid or liquor containing more than 5% alcohol. Because section......et a copy of this judgment be sent to the Director General, Department of Narcotics Control, 1, Segunbagicha, Dhaka‑ 1000 at once.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 590.
......eral, Department of Narcotics Control, 1, Segunbagicha, Dhaka‑ 1000 at once.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 590.
......et a copy of this judgment be sent to the Director General, Department of Narcotics Control, 1, Segunbagicha, Dhaka‑ 1000 at once.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 590.
..
Category: Others | Date: | Hits: 341
Abdus Samad @ Md. Abdus Samad Vs. State, 2011, 40 CLC (AD)
....d Senior Counsel for the petitioner merit no consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 332. ......judgment and other materials on record and submitted that the learned Judges of the High Court Division have totally failed to consider that no evidence has been produced to show the ownership of the land in dispute regarding which Khursid Ali died. Moreover, it is admitted position that Mazam Ali, ......consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 332. ......d Senior Counsel for the petitioner merit no consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 332. ..Category: Criminal Law | Date: | Hits: 116
....0.00 was the highest and it was accepted. The Ministry of Communication approved the lease on 26‑12‑95. Inspite of the approval of the lease by the Ministry and completion of all formalities, the possession of the Ferry ghat was not given to respondent No.5 in time. There occurred some delay in ......out lawful authority and is of no legal effect.
In the facts and circumstances of the case there will not be any order as to costs.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 331.
......the facts and circumstances of the case there will not be any order as to costs.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 331.
......exure‑C. This extended period of six months and the actual period of operation of the Ferry ghat by respondent No.5 from 9‑1‑96 to 30‑6‑96 make up one full year for him.
8. Precisely the question before us whether the authorities i.e. respondents 2 and 3, can legally take decision for e..
Category: Civil Law | Date: | Hits: 178
....ar Ahmed and Iqbal Hussain and two daughters Fahmida Khatun and Akbari Khatun have been possessing the case properly as Ahmed Reza's heirs and heiresses and while they were thus the rightful owner in possession of the property in question they sold the same to the petitioners by two separate sale de......he Bangladesh Gazette Extraordinary dated 29thSeptember, 1986), has been made without any lawful authority and is of no legal effect.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 325.
......r, 1986), has been made without any lawful authority and is of no legal effect.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 325.
...... two daughters Fahmida Khatun and Akbari Khatun have been possessing the case properly as Ahmed Reza's heirs and heiresses and while they were thus the rightful owner in possession of the property in question they sold the same to the petitioners by two separate sale deeds dated 4‑10‑1978 and si..
Category: Property Law | Date: | Hits: 116
.... from Darshana Krishi Yard on 8‑5‑88 for using these at Hizolgari Garage and that out of these four tool boxes he deposited three tool boxes to the said garage and dishonestly kept one box in his possession. He was also asked to show cause as to why for the aforesaid offence he should not be dis...... with the Judgment and order passed by the learned Labour Court.
The Rules is, accordingly, discharged without any order as to costs.
Ed
This case is also Reported in:49 DLR (HD) (1997) 215.
......our Court.
The Rules is, accordingly, discharged without any order as to costs.
Ed
This case is also Reported in:49 DLR (HD) (1997) 215.
......n Ahmed J.- By this application under Article 102 of the Constitution the Judgment and order passed by the Labour Court, Khulna, in Complaint Case No. C‑57 of 1998 on 31‑7‑89 has been called in question as being illegal and without lawfull authority.
2. The petitioner of this writ petition ..
Category: Labour and Industrial Law | Date: | Hits: 141
Serajul Islam Vs. State, 1996, 25 CLC (HCD)
....on 9‑11‑95 the detenu along with his companions armed with deadly weapons created a reign of terror in the University campus, forcibly evicted the boarders of AFM Kamaluddin Hall and took illegal possession of the same and subsequently police recovered a large number of firearms and explosive su......w detained in Dhaka Central Jail be set at liberty at once if not wanted in any other matter. The Rule is accordingly made absolute. Ed. This Case is also Reported in:49 DLR (HD) (1997) 209. ......erty at once if not wanted in any other matter. The Rule is accordingly made absolute. Ed. This Case is also Reported in:49 DLR (HD) (1997) 209. ......ent in the Ministry of Home Affairs extending the period of detention for 30 days as ordered by the District Magistrate, Dhaka is illegal and without jurisdiction. His contention is that the order in question i.e. Annexure‑C, has been issued purportedly in exercise of power conferred by sub‑sect..Category: Criminal Law | Date: | Hits: 127
....n the plaint. His case, in short, is that after purchase of the case property by a registered kabala dated 20.06.1955 he constructed semi pucca room made of bricks and corrugated iron and remained in possession thereof from 1976-87 by letting out the same as mess and in 1987 he let out the same to S......roper appreciation of law and fact do not call for interference.
Accordingly, the Civil Petition for Leave to Appeal is dismissed.
Ed.
This Case is also Reported in: 32 BLD (AD) (2012) 208.
......he Civil Petition for Leave to Appeal is dismissed.
Ed.
This Case is also Reported in: 32 BLD (AD) (2012) 208.
......roper appreciation of law and fact do not call for interference.
Accordingly, the Civil Petition for Leave to Appeal is dismissed.
Ed.
This Case is also Reported in: 32 BLD (AD) (2012) 208.
..
Category: Civil Law | Date: | Hits: 174
Dulal Howlader & others Vs. State, 1995, 24 CLC (HCD)
....en away but does not deliver any of the property the offence committed will be robbery or dacoity, as the case may be, and not extortion. The offence of extortion is not before actual delivery of the possession of the property by the person put in fear. The third ingredient is to deliver to any pers......d charges against all the three accused appellants under section 387 of the Penal Code. 4. The defence case is that the appellants are innocent and falsely implicated out of prior enmity over some landed property. 5. At the trial the prosecution examined 9 witnesses including the police office......he prosecution so desires, under the normal law of the country. Send down the record. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 269. ......d that the Special Tribunal did not lack jurisdiction to try the case and the accused were rightly tried and convicted under section 387 as all the ingredients of that offence were present. 9. The question to be considered now is whether the appellants are guilty of the offence of extortion, as h..Category: Criminal Law | Date: | Hits: 132
Begum Shamsunnahar Chowdhury Vs. Md. Masud Jamal and others, 1994, 23 CLC (HCD)
....Finance Corporation, and in return she received an amount of Taka 95,000.00 from the Attorney. After execution and registration of the power of attorney on 19‑5‑82, the petitioner handed over the possession of the said house to the Attorney, defendant‑opposite party No.1 but the latter failed ......t aside. 2. The relevant facts as per the pleadings of the parties are, that the petitioner as plaintiff instituted OC Suit No.290 of 1990 claiming that she had constructed a house on the schedule land by taking a loan of Taka 3,28,000.00 from the House Building Finance Corporation, Rajshahi, Sub......Court records be sent down at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 267. ......nd not binding and consequently, the power of attorney is also illegal and of no legal consequence. Moreover, the ownership and the title of the plaintiff petitioner in the suit building was never in question, rather the lower appellate Courts clearly held that the plaintiff appellant is the owner o..Category: Civil Law | Date: | Hits: 132
Bangladesh Power Development Board Vs. Sonali Bank and others, 1982, 11 CLC (HCD)
....missed the Misc. Case. The appeal is, therefore, dismissed withÂout any order as to costs. Amirul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 157. ......missed the Misc. Case. The appeal is, therefore, dismissed withÂout any order as to costs. Amirul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 157. ......Case is also Reported in:35 DLR (HCD) (1983) 157. ......f the Code. Every case must be considered in that background of the facts and circumstances of that case. In the case of Gojraj Singh Vs. Suraj Bux Singh referred above, it was obserÂved that “the question whether sufficient cause for readmission of an appeal dismissed for default has been made o..Category: Procedural Law | Date: | Hits: 143
Hanif Chowdhury alias Serajul Islam Chowdhury Vs. Mohammad Hasan Ali and another, 2007, 36 CLC (HCD)
....tay granted by this Court dated 2.9.1992 is hereby vacated. The officer is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 415. ......ecreeing the suit should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule are that the suit land belonged to the minor defendant Hanif Sarder. His mother Rahima Begum on behalf of her minor so......nt: Shahidul Islam J Hanif Chowdhury alias Serajul Islam Chowdhury………………………Defendant-Petitioners Vs. Mohammad Hasan Ali and another………………………………Plaintiff-Opposite Parties Judgment March 22, 2007. Result: The Rule is made absolute. C......urt. 6. Being aggrieved by the impugned Judgment and decree the defendant has obtained the instant Rule. 7. Mr. Mahbubey Alam, the learned Advocate for the Petitioner took me to the contract in question and submitted that Rahima Begum being the mother of minor defendant had no lawful right to ..Category: Civil Law | Date: | Hits: 129
Md. Abdul Hye and others Vs. State, 2005, 34 CLC (HCD)
...., by corrupt means abusing his position as public servant obtains for himself or for any other person any valuable thing or pecuniary advantage and (e) if he himself or any of his dependents is in possession of property disproportionate to his known sources of income. 53. The learned Divisiona......bu Zafor Siddiky alias Akhter who are currently on bail are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 403. ......y on bail are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 403. ......" The ingredients of this section are that the accused will be a public servant or merchant or a factor or broker or an attorney or an agent. In such capacity he will be entrusted with property in question or dominion over property in question. He commits a criminal breach of trust in respect of ..Category: Criminal Law | Date: | Hits: 109
Md. Abdul Quddus and another Vs. State, 2005, 34 CLC (HCD)
....other case and the accused Md. Rafiqul Islam who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 470. ......other case and the accused Md. Rafiqul Islam who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 470. ......ho is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 470. ......esses, through their names have been cited in the FIR and charge sheet, with the apprehension that if they are produced, their evidence would be unfavorable to the prosecution. In such a situation, a question that arises for consideration is whether the presiding judge of Court should simply sit as ..Category: Criminal Law | Date: | Hits: 119
Mrs. Hasina Shams Vs. IFIC Bank Ltd. & Others, 2005, 34 CLC (HCD)
....aw involved made the Rule absolute and there is no material on the record to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 174.......aw involved made the Rule absolute and there is no material on the record to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 174.......nterference. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 174.......relying on the decision reported in 16 BLD (AD) 250 made the Rule absolute in part by setting aside the order of striking out the name of the defendant No. 5 from the plaint with the finding that the question as to whether the defendant No.5 had executed the charge document or not can be decided aft..Category: Civil Law | Date: | Hits: 122
Nurul Huda Miah (Md) Vs. Dhaka Water Supply and Sewerage Authority and others, 1992, 21 CLC (HCD)
....9.10.1989 the same is discharged. There will be no order as to costs in the Rules considering the facts and circumstances of the cases. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 527.......9.10.1989 the same is discharged. There will be no order as to costs in the Rules considering the facts and circumstances of the cases. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 527.......er as to costs in the Rules considering the facts and circumstances of the cases. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 527....... Petition No.285 of 1989 with Writ Petition No.1233 of 1989. Judgment Kazi Ebadul Hoque J.- These two Rules have been issued at the instance of the petitioner against the respondents calling in question the order of his suspension date 26.6.88 and compulsory retirement from service dated 19.10..Category: Employment/Service Law | Date: | Hits: 231
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