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....already done in accordance law, in full and final settlement of the claims of the writ-petitioner under the contracts.
Ed.
This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ......etition under Article 104 of the Constitution is rejected. The Contempt Petition No.1 of 2005 is rejected. The appellant is ordered to refund the earnest money of TK. 23,00,000.00 within 45 days with interest at the rate of 12% per annum in Civil Appeal No. 244 of 2005 and to refund the earnest mone..
Category: Civil Law | Date: | Hits: 212
Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One
....LR (AD) 69, Tara Singh and others V. State of Punjab 1991 Supp (1) SCC 536, Jamna and others V. State of U.P. 1994 Supp (1) SCC 185 and State of H.P. V. Shreekanthia Shekari (2004) 8 SCC 153. ......s in collusion with Late Khondker Moshtaq Ahmed, Late Mahbubul Huq Chashi, Risalder Syed Sarowar Hossain and Captain M. Mostafa Hossain, in order to satisfy their personal grievance to fulfil joint interest, to attain personal aggrandisement and ambition with illegal motive, they met and conspir..Category: Criminal Law | Date: | Hits: 310
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
.... the question as to the court before which the proceedings are to be instituted for the determination of the Government, whose order upon such reference shall be final.’’ ......materials on record show that the convicts brutally killed the unarmed President, his wife, brother and three sons with their wives without any provocation or resistance for their personal gain and interest. Mr. Mohitul Islam, P.W.1, the then resident P.A. to the President sustained bullet injuri..Category: Criminal Law | Date: | Hits: 229
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
....r Dalim delivered speeches for toppling the Government and as per their direction, they took ammunition with them. The testimony of this witness was not challenged by the defence in any manner. ......ts during the relevant time which can not be exonerated. This failure of the justice delivery system has colossal and catastrophe affect in the country which should not be allowed to recur for the interest of the people. This, according to him, is a part of history that can not be erased- the en..Category: Criminal Law | Date: | Hits: 228
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
.... the needs of changing society in the light of the observations made above. In view of the lack of proper law, I am unable to use the digital evidence produced by the prosecution in this case. ...... of justice. This article reserves to this Court a special discretionary power to interfere in suitable cases when for special reasons it considers that interference is called for in the larger interest of justice.” 753. Similar views have been expressed in the cases..Category: Criminal Law | Date: | Hits: 291
Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)
....High Court Division we do not find any infirmity of the kind calling for interference. Accordingly the appeals are dismissed with costs. Ed. This Case is also Reported in: VI ADC (2009) 721. ......s and at the time of P.S. survey instead of recording the land in suit in the name of the plaintiff, the record has been wrongly prepared in the name of some other persons who had no right, title and interest in the land in suit. 5. The suit was contested by the principle defendant/defendants by ..Category: Tenancy Law | Date: | Hits: 176
Md. Sohrabuddin Molla Vs. Aminul Islam and others, 2004, 33 CLC (AD)
....ircumstances, we find no illegality in the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 399. ......honajan transferred 1.20 decimals of land to her sister's son Shamsuddin by a registered deed of gift dated 04.11.1936. Shamsuddin and Atarjan sold the suit land to Abdul Wahed, the predecessor-in-interest of the plaintiff. In this way the plaintiffs became owner of the suit land. 3. The ..Category: Property Law | Date: | Hits: 22
Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)
....y Nos. 7, 8 and 9 (appellants No.2, 3 and 4 in Civil Appeal No. 64 of 1989). There will be no order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 166. ......use of action arose of 31-3-1980 and lastly, on 20-8-1982 when the legal notice was served. The Sangstha therefore, prayed for an order directing the opposite parties, to pay all its dues with interest, liquidated damages, compensation, other charges and legal expenses. 11. The D..Category: Business or Commercial Law | Date: | Hits: 311
Md. Ekram Hossain Bhuiyan Vs. Matiar Rahman Bhuiyan and others, 2008, 37 CLC (HCD)
....pposite party No. 1 is dismissed. Let a copy of the judgment along with LC records be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 201; 14 MLR (HCD) (2009) 175. ...... on equal footing. 14. Be that as it may, provisions for pre-emption under section 96 of the State Acquisition and Tenancy Act, 1950 is not applicable to a transfer in favour of a co-sharer whose interest in the tenancy has accrued by inheritance. In this case the transfer under the kabala dated..Category: Property Law | Date: | Hits: 37
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....d guidelines.” The short order shall form part of the judgment. These petitions are accordingly disposed of. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 79, VII ADC (2010) 721. ......eir back by the judgment of the High Court Division. The seniority over the writ-petitioners as per constitutional provision who were Judges and were subsequently confirmed and their right, title and interest having been effected, undoubtedly and surely have locus standi. 27. The word locus stan..Category: Constitutional Law | Date: | Hits: 251
Md. Yakub Ali Vs. Nazir Ahmed and others, 2009, 38 CLC (AD)
....he above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......bourly people and the plaintiff then filed the suit. 3. The defendant Nos.1-5 contested the suit filing a written statement contending that Monoza Khaton has no subsisting right, title and interest to transfer the suit land to the plaintiff and that the defendant No.1, Nazir Ahmed purcha..Category: Property Law | Date: | Hits: 29
Shamsu Meah and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....bservation of the High Court Division on the merit, of the case will have no bearing while deciding the dispute by any civil Court. Ed. This Case is also Reported in: VI ADC (2009) 702. ......tters and accordingly the petitioners, who have been allegedly evicted from their homesteads, have nothing to be aggrieved even if the plots are not allotted to them because in any event their interest in the said plots has already been given to their respective Attornies and that is why the..Category: Property Law | Date: | Hits: 34
Md. Abu Sufian and others Vs. Ferdoshi Begum and others, 2009, 38 CLC (AD)
....nd no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 698. ......irmly established and it is indispensable for the smooth running of the day to day management of the respondent company and any departure from this established practice would gravely prejudice the interests of the respondent company and of the plot purchasers. 3. Mr. Md. Nawab Ali, learn..Category: Business or Commercial Law | Date: | Hits: 199
Saleh Ahmed and others Vs. Amena Bewa and others, 2008, 37 CLC (AD)
....to inherent power of the court for rejecting plaint. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 695. ......t and thereafter the suit property was recorded in S.A. khatian in the name of Abdul Halim. It was further case of the defendant that the plaintiffs are the heirs of the recorded tenant nor has any interest or possession in the suit land. It was the positive assertion of the defendant that the p..Category: Civil Law | Date: | Hits: 94
Sonali Bank Vs. Artha Rin Adalat, Narayangonj and others, 2009, 38 CLC (AD)
....e impugned judgment passed by the High Court Division. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 686, 62 DLR (AD) (2010) 231.......titioner bank filed the Title Suit No.262 of 1992 (Artha Rin) in the Court of learned Subordinate Judge and Artha Rin Adalat No.1, Dhaka, for recovery of Tk. 32,45,037/ 81 as of 30.09.1992 with 20% interest till realization and the suit was decreed ex-parte on 28.11.1993, pursuant to which the wri..Category: Banking Law | Date: | Hits: 373
Gour Chandra Majhi Vs. Shusen Kumar Mondal and others, 2009, 38 CLC (AD)
.... judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 676. ......at the suit land belonged to one Nironjan and that on his death as well as on the death of his son Nityanondo, Kanaklata, being the wife of Nironjan an mother of Nityanondo, inherited the life long-interest on the case land and to meet the funeral and others expenses she sold the same to the plai..Category: Property Law | Date: | Hits: 54
Indrajit Dutta Vs. Baidhya Nath Banarjee and others, 2009, 38 CLC (AD)
....the judgment and decree of the appellate court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 674. ......uo;s case is that the said compromise decree was obtained in T.S. No. 340 of 1978 by suppressing of process and by false personation, without impleding them as party though they have right, title, interest in the suit property. They learnt about the said decree on 30.01.1983. Since they were not..Category: Property Law | Date: | Hits: 28
Bangladesh Vs. Mariam Begum and others, 2009, 38 CLC (AD)
....no illegality or infirmity in the above Decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 661, 63 DLR (AD) (2011) 122.......ns that the order dated 23.10.1976 of the Additional Deputy Commissioner (Rev), the defendant No.2, for forfeiture the suit land is illegal and has no binding force in law and their right title and interest in the suit land have not been affected thereby and that they entitled to get decree for kh..Category: Property Law | Date: | Hits: 25
Rajdhani Unnayan Kartipakkya (RAJUK) Vs. Jahan Ara Begum and others, 2008, 37 CLC (AD)
....le disposed of with directions therein are, hereby, set aside. Accordingly, the appeals are allowed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 145; VI ADC (2009) 649. ......t the deputy commissioner did not complete the process of de-requisition. It was the case of the writ petitioners that they are in possession of the land and that they have exclusive right, title, interest and possession in the land in suit. 4. The Rule was opposed by the RAJUK. It was t..Category: Property Law | Date: | Hits: 41
James Finlay PLC and others Vs. Mahi Fish Processing Ltd. and others, 2009, 38 CLC (AD)
....tance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 124. ...... Agrani Bank, defendant No.7, the L/C confirming Bank, did not pay debt as per contract, the factory and business of the plaintiff was inoperative for a long time and accordingly, a huge amount of interest was credited against the loan account of the plaintiff with Agrani Bank proforma defendant..Category: Business or Commercial Law | Date: | Hits: 178
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