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Bangladesh Inland Water Transport Corporation Vs. Nazma Transport Company, 1991, 20 CLC (HCD)
....spite of several reminders and lastly issuance of the legal notice the defendant did not pay the repairing cost of MN Modhumati and as such the plaintiff had no other alternative but to file the suit claiming compensation for the amount as made in the prayer. 3. According to the plaintiff the abo......Khondker Mahbubuddin Ahmed with Khondker AM Mohsenuddin, Advocates ‑ For the Defendant. Admiralty Suit No. 21 of 1987. Judgment Md. Mozammel Hoque J.- In this suit the plaintiff has prayed for a decree for an amount of Tk. 22,949.00 against the defendant alleging, inter alia, that plainti...... Court and the Marine Court is at liberty to proceed with the proceeding in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 152. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 164
Agragami Engineers Ltd. Vs. Bangladesh Bank and others, 1992, 21 CLC (HCD)
....onsidered the decision in the case of K N Guruswami Vs. State of Mysore, reported in PLD 1956 (Supreme Court India), 52. The Indian court in that case considered the question whether the appellants's claim for a writ of mandamus was tenable. The appellant was the highest bidder and his bid was accep....../7‑624/92 dated 31st March, 1992 issued by the respondent No.2 namely, the General Manager, Engineering Department, Bangladesh Bank refusing to award the job of supply and installation of equipment for Central Air Conditioning System of Bangladesh Bank Building at Motijheel Dhaka to the petitioner......Ali Automobiles Ltd. were pre‑qualified. The petitioner company brought tender documents from the office of the Bangladesh Bank and submitted it together with bank draft of Tk. 5.00 lacs as earnest money on 30.12.90. The officer of the Bangladesh Bank (respondent No.2) opened the tenders in presen..Category: Others | Date: | Hits: 123
Sarwar Hossain Moni Vs. State and another, 2011, 40 CLC (AD)
....ar Vs. State reported in 53 DLR 403 and Sirajul Islam Vs. Tauhid Uddin Ahmed reported in 15 BLC 39 referred to us the parties we are of the view that instant proceeding is not liable to be quashed as claimed". 5. We have heard the learned Counsel and perused the connected papers including the imp......”For the Petitioner (In both the cases). Mahbubur Rahman, Senior Advocate, instructed by Mr. Md. Aftab Hossain, Advocate-on-Record—For Respondent No. 2. (In both the cases). Criminal Petition for Leave to Appeal Nos. 478-479 of 2010. (From the Judgment and Order dated 6-5-2010 passed by t......encashment but the cheque was dishonoured on 15th June, 2008. Thereupon, the drawee-respondent served a legal notice through his lawyer on 22nd June, 2008 requesting the petitioner for payment of the money but the accused petitioner despite receipt of the notice did not respond to the request. There..Category: Criminal Law | Date: | Hits: 118
Privatization Commission Vs. Golam Mostafa and others, 2011, 40 CLC (AD)
....over the possession of the Mills to him by imposing an additional condition demanding payment of 10% down payment of the long term loan beyond the terms of the tender. 2. The writ respondent No. 2 claimed that at the time of purchase of the tender schedule, the writ petitioner was supplied with a......of Denmark sanctioned a grant to the GovernÂment of Bangladesh to the tune of 200 million Danish Crooner out of which 65 million was allocated to the Bangladesh Sugar and Food Industries Corporation for the above Mills, which is equivalent of Taka 15, 34, 45,000, has been described as long term loa......ppeal was whether the writ petitioner was liable to pay the long term loan of the Mills. On consideraÂtion of annexure-B to the writ Petition, the High Court Division came to the conclusion that the money sanctioned by the Government of Denmark was a tied grant and thus the quesÂtion of repayment ..Category: Civil Law | Date: | Hits: 90
Provas Chandra Banik Vs. Naresh Chandra Banik and others, 2009, 38 CLC (AD)
.... decree and subseÂquently he purchased the suit land in his own name through public auction for his personal interest but not in the interest of the joint family, but the plaintiffs brought the suit claiming that the entire suit property along with other properties purchased under the auction by Na......—For the Petitioner. Abdul Quayinn, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record—For the Respondent No.1. Not Represented—Respondent Nos. 2-9. Civil Petition for Leave to Appeal No. 1951 of 2008 (From the judgment and order dated 13-5-2008 passed by the H......e find no substance in the submission of the learned Advocate for the petitioner. The leave petition is thus dismissed having no merit. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 62. ..Category: Property Law | Date: | Hits: 75
Shoaib (Md.) Vs. Uttara Bank Ltd. and another, 1990, 19 CLC (HCD)
....d that he was eager to purchase the proposed 4845 shares of the bank. Respondent No. 1 replied to the aforesaid legal notice stating that the petitioner was not entitled to get the aforesaid share as claimed by him. The circumstances stated above led the petitioner to file this application under sec......Petitioner. M Nurullah with M Shafiullah, Advocates- For the Respondents. Matter No. 5 of 1988. Judgment Md. Mozammel Hoque J. - This an application under section 38 of the Companies Act for rectification of share register of Uttara Bank Ltd. (previously Eastern Banking Corporation Ltd.......rtificates and original instruments of transfer of share on furnishing the photo copies of the same duly certified by the learned Advocate. Ed. This Case is also Reported in: 43 DLR (1991) 329. ..Category: Company Law | Date: | Hits: 175
Saifur Rahman Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....execution of their respective Kabuilyats, entered into possession therein. While the petitioner and his other co‑tenants were in peaceful possession of these lands, one Rafiqul Huq Chowdhury made a claim over these lands as his own lands and tried to dispossess the petitioner. Having failed to ent......ed J Saifur Rahman………………………………………………..Petitioner. Vs. Government of Bangladesh, represented by the Secretary, Ministry of Land AdministraÂtion and Land Reforms, DhaÂka and others…………………..Respondents. Judgment March 22, 1990. Lawye......d 19.11.86 as at Annexure 'H' and Tare declared to be without lawful authority and are of no legal effect. There is no order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 210. ..Category: Property Law | Date: | Hits: 63
Abdul Awal Mia (Md.) Vs. Sonali Bank & others, 1990, 19 CLC (HCD)
....ended as per Order 1 rule 10 (4) of the Code of Civil Procedure and no allegation of defalcation was made and no relief was prayed for against the defendant No. 3 but on the other hand, the plaintiff claimed in paragraph No. 4 of the plaint that the defendant No. 1 and not defendant No. 3 was respon......ppeal by added defendant No. 3 is directed against the judgment and decree dated 8.2.74 passed by the learned Subordinate Judge, 1st Court, Sylhet in Money Suit No. 3 of 1969 and arises out of a suit for realisation of Tk. 19050.12 paisa with interest at the rate of 9% till realisation. 2. The pl......cash due to defalcation is coveted up to the limit of Tk. 10,00,000/‑ for which full premium has been paid and the defendant No. 2 is thus bound to make good the loss in case of such defalcation of money of the plaintiff. The said defalcation amount has not been paid by the defendant No. 1 in spit..Category: Civil Law | Date: | Hits: 82
Dildar Hossain and another Vs. Md. Sharif Hossain and others, 1990, 19 CLC (HCD)
....aging, the suit building. He also prayed for rents in respect of the property under requisition whereupon the Deputy Commissioner asked the owners to submit their necessary papers in support of their claim; thereafter Ram Krishna Saha Banik proposed to transfer the property to the plaintiffs for a c.......Petitioner Vs. Md. Sharif Hossain and others..................Opposite Party. Judgment May 23, 1990. Lawyers Involved: Abdus Salam Khan, Advocate ‑ For the Petitioner. Md. Lutfor Rahman Mondal, Advocate ‑ For the Opposite Party. Civil Revision No. 225 of 1990. Judgme......f fresh service of summons upon the cited witnesses is allowed. Let a copy of this order be transmitted to the Court concerned immediately. Ed. This Case is also Reported in: 43 DLR (1991) 196. ..Category: Property Law | Date: | Hits: 78
Ismail Mohammad Vs. Motasim Ali Chowdhury, 1993, 22 CLC (HCD)
....record. The learned Advocate may move an application before the trial Court, if so advised. Accordingly the application is disposed of. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 123.......ainst an order passed by him on 16.8.89 allowing amendment of the plaint on the petition filed by the plaintiff. 2. Short facts relevant is, that the opposite party being plaintiff instituted the aforesaid Title Suit No.226 of 1985 for declaration of title and recovery of khas possession on the a......izul Islam by registered sale deeds who entered into an agreement with the defendant for sale of 0.05 acres of plot No.110 recorded as SA Plot No.1 and on receipt of part payment of the consideration money handed over physical possession in January, 1968 and since then defendant had been possessing ..Category: Property Law | Date: | Hits: 79
State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)
....ng an order for bail, in anticipation of his arrest for an offence? 15. Cornelius, J (as his Lordship then was) held in respect of the jurisdiction of the Court: ".............this Court cannot claim to exercise any inherent power to grant bail at any stage of the proceedings...........it must......ucted by Sufia Khatun, Advocate-on-Record—For the Petitioner. Bivash Chandra Biswas, Advocate-on-Record—For the Respondent No.1. Not Represented—Respondent Nos. 2-70. Criminal Petition for Leave to Appeal No. 350 of 2010. (From the Judgment and order dated 8-6-2010 passed by the Hi......rate forthwith. With this direction, the petition is disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 53, 19 BLT (AD) (2011) 144, 8 LG (AD) (2011) 168, VIII ADC (2011) 620. ..Category: Criminal Law | Date: | Hits: 89
Budhiswar Biswas Vs. Akbar Ali Sheikh and others, 1990, 19 CLC (HCD)
....1000.00 to the defendant within the month of Aswin of the year of salish and on receipt of the said amount the defendant would reconvey the suit land. Thus it appears that the plaintiff has based his claim for getting the land reconveyed according to the oral agreement as well as on the settlement a......it No. 339 of 1970 decreeing the suit on contest. 2. The short facts which has given rise to the rule are as follows: The opposite parties as plaintiffs, brought the Title Suit, No. 339 of 1970 for Specific Performance of Contract for the reconveyance of the suit land in the 1st Court of Munsi...... 1 deposed that he sold the suit land on behalf of the minor son and that there was an oral agreement to the effect that, the land would be reconveyed within 7 years on repayment of the consideration money. He further deposed that a salish took place in their local Union Parishad on the basis of an ..Category: Property Law | Date: | Hits: 74
Gura Meah Vs. Hari Pada Parial & others, 1990, 19 CLC (HCD)
....ubstance in this appeal for what have been discussed above. In the result, the appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 181.......r 8 annas share in the disputed land to the plaintiff by two registered kabalas dated 10.4 .52 which he purchased in the benami of his son Haripada Parial, the defendant No. 3, with his own money and for his own benefit and possessed the suit land without partition by metes and bounds. The plaintiff...... sold their 8 annas share in the disputed land to the plaintiff by two registered kabalas dated 10.4 .52 which he purchased in the benami of his son Haripada Parial, the defendant No. 3, with his own money and for his own benefit and possessed the suit land without partition by metes and bounds. The..Category: Property Law | Date: | Hits: 69
Feroja Khatoon Vs. Brajalal Nath & others, 1989, 18 CLC (HCD)
....abala in respect of .12 acres of land out of the baina land in favour of the plaintiff. In pursuance of the said compromise the plaintiff got his plaint amended by an order of the Court dated 22.7.74 claiming a decree for only .12 acres of land against the defendant No. 1 only. 4. The positive ca................................Petitioner Vs. Brajalal Nath & others..........................Opposite Party. Judgment June 1, 1989. Lawyers Involved: Mihir Kanti Majumder, Advocate, for Shahabuddin Ahmad, Advocate ‑ For the Petitioner. Not represented ‑ the Opposite Party. ......o. 1. 7. On the appeal taken by the defendant No. 1 the Appellate Court below has reversed the decree and dismissed the suit holding that the plaintiff could not prove the payment of consideration money in part as per alleged contract and the same was bad for defect of party, inasmuch as the wife..Category: Property Law | Date: | Hits: 64
Rana Awan (Mrs.) Vs. Bangladesh, 1990, 19 CLC (HCD)
....perty released by approaching various authorities but failed. She then filed an application to the Sub‑Divisional Officer, Sadar South. Dhaka under Article 15 of the Presidents Order No. 16 of 1972 claiming that the said property was not at all abandoned property to the extent of her 12 annas shar......in properties from the list of abandoned properties which has been earlier declared as abandoned property under the President's Order No. 16 of 1972, has been called in question with a further prayer for directing the respondents to release the said property and deliver possession thereof to the pet......n which the purchasers had made it clear that Mrs. Rana Awan (the petitioner) is the shareholder to the extent of -/12/‑ annas inasmuch as she has invested Rs. 18,750 out of the total consideration money Rs. 25,000/00. This deed also shows that the petitioner was to invest to the extent of her ‑..Category: Property Law | Date: | Hits: 78
Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)
.... Subsequently, the plaintiff-petitioner allegedly spent at least Tk. 20,00,000/- for obtaining permission from the government for cutting, carrying and selling timbers. On 28.2.05 the plaintiff again claimed to have spent Tk.7, 00,000/- and Tk.20,00,000/- for the said purpose and in the similar mann......tha, AIR 1953 Ori 46. Lawyers Involved: Mansur Habib, Advocate, instructed by Md. Mazibar Rahman, Advocate-On-Record- For the Petitioner. Not Represented- the Respondents. Civil Petition for Leave to Appeal No. 80 of 2010. Judgment Md. Muzammel Hossain J. - This civil petition for......ant No.2 -respondent No.2 and the plaintiff-petitioner for selling of 1.50 lac cubit feet of timber worth Tk.3,00,00,000/- and in lieu thereof "the defendants had received Tk. 20,00,000/- as security money from the plaintiff-petitioner. Subsequently, the plaintiff-petitioner allegedly spent at least..Category: Civil Law | Date: | Hits: 113
State Vs. Keramat Ali & another, 2010, 39 CLC (AD)
....nd Azmat Ali were put on trial before the learned Sessions Judge, Jamalpur in Sessions Case No.41 of 1988 to face charge under sections 302/34 of the Penal Code, to which, they pleaded not guilty and claimed to be tried. According to the prosecution story narrated by Kalim Uddin Sarker (P.W.1) on 1s......in Criminal Appeal No.123 of 1989). Judgment Surendra Kumar Sinha J. - This appeal arose out of the folÂlowing facts: 2. Respondents along with Keramat Ali and Azmat Ali were put on trial before the learned Sessions Judge, Jamalpur in Sessions Case No.41 of 1988 to face charge under sectio......rder as to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 102; 16 MLR (AD) (2011) 268; 8 LG (AD) (2011) 138; 9 ADC (2012) 536...Category: Criminal Law | Date: | Hits: 90
Kazi Motiur Rahman and others Vs. Din Islam, 1990, 19 CLC (HCD)
.... situated conviction under section 379 of the Penal Code was not legal. This contention also has no substance. The consideration in a case falling under section 379 is whether there was any bona fide claim With regard to the subject matter of the theft. The disputed land on which the hut is situated......lainant Din Islam filed a petition of complaint in the Court of Upazila magistrate, Sirajdikhan on 4.10.86 to the effect that the accused petitioners and one Habibun Nessa on 19.9.86 at about 7/8 A.M forming an unlawful assembly entered into his house forcibly and dismantled the hut and took away th......ected to pay the fine within 6 months from arrival of the records to the Lower Court. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 128. ..Category: Criminal Law | Date: | Hits: 73
Repco Laboratories Ltd. Vs. Nuruddin Ahmed and others, 1989, 18 CLC (HCD)
....m Lilabati Das and were possessing the same. They came to know shortly before the institution of the suit that the defendant No. 1filed Title Suit No. 449 of 1961 for part of the above mentioned land claiming that he had taken settlement of the land from one of the original recorded tenants Sudhendu......e 4 and section 151 of the Code of Civil Procedure. 2. The petitioners as plaintiffs instituted the suit in the said Court of Subordinate Judge against the opposite party Nos. 2‑17 as defendants for a declaration that the decree obtained by the original defendant No. 1 Imanuddin Rari (since dec......e facts of the present case. 17. In PLD 1972 Karachi 174 the appellant Kaysons was a pledger and the respondent was a Bank with whom it had pledged its goods. The Bank filed a suit for recovery of money. The appellant filed an application for obtaining a general order of the Court that the goods ..Category: Procedural Law | Date: | Hits: 84
Durgarani Sarkar Vs. United Bank of India Ltd. and others, 1989, 18 CLC (HCD)
.... at the Bank's rate althrough till repayment of the same. In 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) 121. ......ndant‑opposite party Bank and thereby reversing the judgment and decree dated 27.8.76 passed by Mr. MM Ruhul Amin, Munsif, 3rd Court Comilla decreeing the Title Suit No. 359 of 1974 in part, a suit for Specific Performance of Contract, to the extent 0 0.05‑1/4 acre out of 0.06‑1/2 acre of the ......sum of Tk. 50/‑ vide Ext. 2(A) as baina. The defendant Bank through their said agent Khitish Rushan promised to execute the kabala in favour of the plaintiff on receipt of the balance consideration money and after obtaining approval of the Head Office of the Bank from Calcutta. In spite of plainti..Category: Property Law | Date: | Hits: 70
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