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Chairman, RAJUK Vs. Abdul Matin Crore, 2006, 35 CLC (HCD)
.... incorrect nature of land in the auction notice published in the newspaper. After registration of lease agreement dated 2-12-1990 and taking possession, the plaintiff came to learn from the report on soil test dated December, 1990 that there is a ditch at a depth of minimum 40 feet filled up with ga......stands dismissed. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 118. ......2-1991 for Taka 23,80,950, on 23-21992 for Taka 21,23,550 and on 23-2-1993 for Taka 18,66,150 out of which second instalment of Taka 23,80,950 was paid by the plaintiff. As the plaintiff incurred a loss of Taka 80,00,000 expended for foundation and piling, so he repeatedly approached the defendant..Category: Property Law | Date: | Hits: 31
Faruq (Md) Vs. State, 2006, 35 CLC (HCD)
....etropolitan Special Tribunal No. 11, Dhaka In Metropolitan Special Case No. 77 of 2002 convicting the appellant under sections 19A and 19(f) of the Arms Act and sentencing him to suffer rigorous imprisonment for a period of 14 years and 7 years respectively and both the sentences to run concurrently......he defence. PW 10 was cross-examined by the defence where he categorically stated that during the occurrence he was present in the place of occurrence and also stated that nobody from the BR Hall was called before preparing the seizure list. 14. PW 6 Matiar Rahman is the informant of the case......at liberty forthwith if he is not wanted in connection with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 104. ..Category: Criminal Law | Date: | Hits: 27
Nurjahan Begum Vs. Nur Rahman and Others, 2006, 35 CLC (HCD)
.... of an area of 4.70 acres of land out of the suit jote. 3. The plaintiff's case, in short, is that suit jote of schedule 'ka' originally belonged to Deyanat Ullah who died leaving behind his only son Delwar Sheikh; that suit jote of schedule 'Kha' belonged to plaintiff and Delwar Sheikh; that th......rty who substantially asserts the affirmative of the issue and not upon the party who denies it. Moreover, it is reasonable and just that the suitor who relies upon the existence of a fact, should be called upon to prove his own case. The party on whom the onus of proof lies must, in order to succee...... Joint District Judge, Court No. 1, Rangpur in Other Suit No. 30 of 1997 decreeing the suit in part is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 98...Category: Property Law | Date: | Hits: 49
State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)
....pellate Jurisdiction) Present: Md. Imman Ali J AKM Fazlur Rahman J State................................... Petitioners Vs. Md. Roushan Mondal @ Hashem ……………..Condemned Prisoner Appellant Judgment July 9, 2006. Cases Referred To- Bangladesh Legal Aid and Servi......finding of the Sessions Judge. 19. With regard to the merit of the case, the learned Advocate submits that there is no eyewitness to the occurrence and the only basis of the conviction is the so-called confessional statement of the accused. He points out that admittedly the confession of the ac......pressed by us in this judgment. Send down the lower Court's records along with a copy of this judgment at once. Ed. This Case is also Reported in: 59 DLR (2007) 72, 26 BLD (HCD) (2006) 549. ..Category: Criminal Law | Date: | Hits: 167
Anhar Ahamed Chowdhury and another Vs. Md. Shamsuzzaman and others, 2006, 35 CLC (HCD)
....lock No. NE(D), Road No. 73/G, Gulshan Residential Area, Dhaka as described in Schedules A and B of the plaint in the name of "BLISS" Apartment Project; that in course of discussion defendant No. 1 also informed him that out of 10 apartments of the above "BLISS" Apartment Project he had already sold...... When the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted. A proposal, when accepted, becomes a promise; (c) The person making the proposal is called the "promisor" and the person accepting the proposal is called the "promisee"; (d) When, a......ute a tripartite agreement but it was the plaintiff who had not taken any step towards executing the same; that due to inadvertence on the plaintiff's part, the defendant Nos. 1 and 2 have suffered loss and, as such, they served a legal notice dated 30-8-1998 to the plaintiff claiming to compensat..Category: Business or Commercial Law | Date: | Hits: 208
Abul Kalam Vs. State, 2005, 34 CLC (HCD)
.... 1989. Judgment SM Ziaul Karim J.- By this appeal convict appellant Abul Kalam has challenged the propriety of the judgment and order dated 20-8-1989 passed by the Additional Sessions Judge, Jessore in Session Case No. 108 of 1988 convicting the appellant under section 302 of the Penal Code an......odged the First Information Report which he proved it as Exhibit 3 and his signature Exhibit 3/1. In cross examination he denied that at the place of occurrence he did not find the accused but he was called from his village home. 16. PW 10, Abdul Haq escorted the dead body to the morgue PW 11, Dr......ession Case No. 108 of 1988 is hereby maintained. Send down the lower Court records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 61. ..Category: Criminal Law | Date: | Hits: 40
Siddiqur Rahman Vs. Chairman, Divisional Labour Court and others, 2006, 35 CLC (HCD)
....ucceed in the election held in 1995. Because of his participation in different elections he had disputes with the ruling CBA leaders and because of the conspiracy of the respondent Mill Authority and some leaders of the union he was dismissed from service on 5-3-1994. Subsequently, he was reinstated......e Court, the proceedings of the Court may continue, and the decision or award may be given in the absence of such member; and no act, proceeding, decision or award of the Court shall be invalid or be called in question merely on the ground of such absence, or on the ground of any vacancy in, or any ......expeditiously in accordance with law. Send down the Lower Court Records and a copy of the judgment and order immediately. Ed. This Case is also Reported in: 59 DLR (2007) 49. ..Category: Labour and Industrial Law | Date: | Hits: 108
AKM Abdul Latif Vs. Banani Metal Limited and others, 1998, 27 CLC (HCD)
....loor, Dhaka under sections 162 and 163 of the Companies Act, 1913. 2. The petitioner’s case, in short, is that, he had executed an agreement on 26-10-89 and subsequently, another agreement was also executed on 13-11-89 between the respondent No.2 and the petitioner. The petitioner has contended......f default in making the payment does not arise. The application for winding up of the respondent Company is, accordingly, rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 62. ......ance Taka 5,00,000.00 on certain terms and conditions as laid down in the aforesaid agreement. 3. The petitioner has stated that one of the conditions of the said agreement is that irrespective of loss and profit, the respondent No.2 will pay the petitioners a guaranteed profit of Taka 10,000.00 ..Category: Company Law | Date: | Hits: 239
Afzal Khan (Md) Vs. Md. Azmal Khan and others, 2006, 35 CLC (HCD)
.... rented to SVOC Petrol Pump and all the 4 brothers were enjoying possession according to their respective share through tenants. Subsequently, the schedule land was rented by a tenancy agreement to Esso Standard Eastern Co. for constructing a petrol pump and after liberation the said petrol pump was...... 2nd Court, Chittagong in partition suit No. 89 of 1996 allowing the application for additional statement and an application for amendment of written statement filed by the defendant 2 (hereinafter called the opposite party No. 1) in the suit and by the same order rejecting an application filed by......s such, some material facts were not correctly stated in the written statement and therefore some mistakes are necessary to be amended in the interest of justice otherwise, he will suffer irreparable loss and injury. 5. Plaintiff opposed the prayer for amendment of the written statement on the ..Category: Property Law | Date: | Hits: 42
....ult, the entire immovable properties described in the schedule of the plaint is to be attached in order to put the same in auction sale. Even the appellate Court decided to put the loanee in civil prison for the purpose of realisation of the decretal amount since he has practised fraud in repaying t...... as amicus curiae.
Let a copy of this judgment and order be sent to the Court concerned for information and necessary action.
Ed.
This Case is also Reported in: 59 DLR (2007) 37.
......to a banker, or a cheque crossed specially otherwise than to the banker to whom the same is crossed, or his agent for collecting, being a bank, shall be liable to the true owner of the cheque for any loss he may sustain owning to the cheque having been not paid:
Provided that where a cheque i..
Category: Civil Law | Date: | Hits: 90
Eklimur Reza Khan Vs. State, 2005, 34 CLC (HCD)
....arising out of GR case No. 126 of 1992 corresponding to Golapgonj PS case No. 14 dated 16-7-1992 convicted the appellant under section 409 of the Penal Code and sentencing him to suffer rigorous imprisonment for 1(one) year and also to pay a fine of Taka 60,000 in default to suffer rigorous imprison......solute and the delay of 4132 days in filing the appeal be condoned. The office is directed to register the appeal in accordance with law. Ed. This Case is also Reported in: 59 DLR (2007) 7. ......ent. Thus, the learned Advocate submits that the order of conviction was done making fraud upon the Court. He further submits that if the delay is not condoned, the petitioner will suffer irreparable loss and injury and if the delay is not condoned the petitioner will have no forum to challenge the ..Category: Criminal Law | Date: | Hits: 31
Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)
....sued, subscribed and paid up capital. On 31-10-1993 the petitioner had purchased 22,000 shares of Taka 100.00 each by means of a duly executed and stamped instrument of transfer. The said shares were sold to petitioner by respondent No. 2. Mr. Md. Sarqum Ali, who is and was at all material times a m......ation of share register of the respondent-company under section 38 of the Companies Act 1938 is reject without any order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2000) 41. ......ange Commission (SEC) on 7-1-1994 praying for appropriate directions to be given by the Securities and Exchange Commission to the company so as to preserve investor confidence and prevent irreparable loss and injury to the petitioner. The Securities and Exchange Commission in turn wrote to the compa..Category: Company Law | Date: | Hits: 181
Mahmud Hussain Vs. Sayeb Ali & ors., 1988, 17 CLC (HCD)
...., and the result was published in the Extra Ordinary Gazettes on 29.5.88 on 2.7.88, under the order of the Chief election Commissioner, there was re-election in Boraya Maizbhag Primary School and also Fulbari Aziria Madrasha centres. This time the opposite party No. 1 was declared elected chairm......hieving the reliefs conceived under rule 45. Again an order of injunction is not necessary for preservation of the subject-matter of the election petition. Therefore an order of injunction is not called for in an election petition either under Order 39, rule 1 C.P.C. or section 94 of the said Co...... in 38 DLR(HC) 262. I do find nothing to interfere with the impugned order. Hence the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 44. ..Category: Election Law | Date: | Hits: 100
Momin Malitha & ors. Vs. State, 1988, 17 CLC (HCD)
.... and sentencing him to suffer R.I. for one year. 3. Briefly stated the prosecution case was that on 28.11.75 corresponding to the 11th Agrahayan, 1382 B.S. at about 2-30 P.M. Momin Malitha and his son Badaruddin were demolishing the fencing of the victim Abdul Karim Munshi which admittedly stood ......amined by the prosecution and the defence. 20. P.W.4, Kauser Ali who is the son of the informant was declared hostile. A suggestion though denied was given to this witness to the effect that Karim called him and others to stack Momin's house and they trespassed into Momin's house and injured Momi......part subject to the modification with regard to his conviction and sentence as stated above. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 37...Category: Criminal Law | Date: | Hits: 52
Siddik Ali Vs. State, 1987, 16 CLC (HCD)
....sportation for life. 2. The prosecution case in short as stated in the First Information Report by informant Abdul Gani P.W.1 is that on the night following 12-5-81 at about 10/11 P.M. informant's son Jitu Miah was taking meal when the appellant Siddik Ali and Nousha Miah @ Hiru Miah called him t......ion Report by informant Abdul Gani P.W.1 is that on the night following 12-5-81 at about 10/11 P.M. informant's son Jitu Miah was taking meal when the appellant Siddik Ali and Nousha Miah @ Hiru Miah called him to the house of the appellant Siddik Ali. About half an hour thereafter the informant h......tion and sentence passed on the appellant is set aside. Let the appellant be set at liberty at once if not wanted in any other connection. Ed. This Case is also Reported in: 41 DLR (1989) 26. ..Category: Criminal Law | Date: | Hits: 30
State Vs. Badshah Mollah, 1988, 17 CLC (HCD)
....1976 (SC) 557, AIR 1953 (SC) 468. Lawyers Involved: Sultan Ahmed, Deputy Attorney-General with Sajjad Ali Chowdhury, Advocate — For the State. Md. Shahjahan, Advocate — For Condemned-prisoner. Death Reference No. 3 of 1987. Judgment Muhammad Ansar Ali J. — This is a Refere......urther submits that the learned Additional Sessions Judge seriously erred in law in passing the impugned judgment and order of conviction and sentence merely on surmises and conjectures and upon so-called circumstantial evidence and the extra-judicial confession of the condemned-prisoner without s...... set aside. We direct that the condemned-prisoner Badsha Mollah be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 11...Category: Criminal Law | Date: | Hits: 42
Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)
.... the Bangladesh Shilpa Rin Sangstha, briefly referred to as the B.S. R.S. We shall refer to the facts as stated in the petition in Criminal Revision 232 of 1984. But the facts of the other case are also similar, the complaint petition being the same in both the cases. The complainant filed the petit......decision in these Rules will depend upon the examinations of the allegations made in the petition of complaint. It reads thus: “SHEWETH: 1.That by the P.O.No.128 of 1972 the BSRS (hereinafter called the Sangstha) was established to provide credit facilities and other financial assistance to ......is liable to be quashed. Accordingly, the rules are made absolute and the impugned proceeding is quashed. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 46...Category: Criminal Law | Date: | Hits: 67
Bangladesh Shipping Corporation Vs. Rafique Ahmed, 1987, 16 CLC (HCD)
....he petitioner received instruction from the judgment-debtor for the disposal of the money in question as otherwise the petitioner might be sued by the judgment-debtor in a foreign Court which would also make the vessels of the petitioner liable for attachment causing huge loss and that it was necess......ew of the special facts and circumstances of the present case................." It is noted that there is a provision namely, Order XVIII Rule 2-A of the C.P.C. in India (there being no High Court called High Court of Indian or Indian High Court, it obviously refers to Rule 2A of Order 18 added i......Bangladesh Shipping Corporation is prohibited by an order from giving it over to the judgment debtor defendant No.1, the plaintiff decree-holder will be greatly prejudiced and will suffer irreparable loss and injury. On 19.3.86 this application was placed before the Executing Court which fixed 20.3...Category: Admiralty Law or Maritime Law | Date: | Hits: 212
Md. Mahtab Hossain Vs. Bangladesh University of Engineering & Technology, 1987, 16 CLC (HCD)
....ontention of the respondents that various serious allegations and reports against the petitioner were received by the University authority and several committees were formed headed by different Professors of the University to conduct preliminary investigations into the allegations in all of which th...... the procedure in the following paragraph shall be observed. (2). The authority may, if it thinks fit appoint an officer or a teacher of the office or department to which the employee (hereinafter called the delinquent) belongs or an officer of or teacher of any other office or department of the ......of Statute 15. This power is not dependent upon the framing and service of charge-sheet under Statute 7. 15. We do not think, as Mr. Moinul Hossain submits, that this interpretation will lead to a loss of valuable protection of University employee because, in any case, a delinquent employee canno..Category: Criminal Law | Date: | Hits: 74
Chowdhury Saifuddin Ahmed Vs. Shamsuddin & Ors., 1987, 16 CLC (HCD)
....t No. 322 of 1980 and mistakenly noted in his diary that the title suit in question was fixed for hearing on 18.8.80 and thereafter on 28.9.80. When he found on 28.9.80 that the suit was set down for solenama, it aroused his suspicion and so he looked for the records of Title Suit No. 322 of 1977, b......as already divested himself of his entire interest in the suit properties. The respondents also vigorously denied that the appellant was prevented by sufficient cause from appearing when the suit was called on for hearing or that the delay in filing the miscellaneous case was unintentional. They con......eal is dismissed, but in the facts and circumstances of the case we make no order as to costs. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 10. ..Category: Procedural Law | Date: | Hits: 101
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