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....aised the value of the land to Tk.18, 24, 00,241.56. It further appears that there was a dispute regarding the ownership of land between the different Ministries. However, Bangladesh Railway received part payments on different occasions and the writ petitioner executed an Angikarnama on 03.02.2009 w...... the value of the land to Tk.18, 24, 00,241.56. It further appears that there was a dispute regarding the ownership of land between the different Ministries. However, Bangladesh Railway received part payments on different occasions and the writ petitioner executed an Angikarnama on 03.02.2009 with c...... appreciation of the facts and circumstances of the case.
We do not find any merit in the leave petition.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:
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Category: Civil Law | Date: | Hits: 70
Chutta Miah Vs. State, 2004, 33 CLC (HCD)
....Mia filed a petition before the Court below through his engaged lawyer stating that all the prosecution witnesses in the case were examined during his absence and, as such, it was not possible on his part to cross-examine those witnesses and that in the circumstances he prayed for giving him an oppo...... made above and in accordance with law after giving the petitioner an opportunity to recall the prosecution witnesses for cross-examination. Ed. This Case is also Reported in: 56 DLR (2004) 610. ...... made above and in accordance with law after giving the petitioner an opportunity to recall the prosecution witnesses for cross-examination. Ed. This Case is also Reported in: 56 DLR (2004) 610. ..Category: Criminal Law | Date: | Hits: 68
Abdul Mataleb Howlader and others Vs. State, 2003, 32 CLC (HCD)
....there is apprehension of breaking down of law and order situation at any time where the petitioners may face inconvenience inasmuch as their lives are in danger, since they are men of rival political party. He secondly, submits that the petitioners are not at all safe at Barisal Divisional Headquart......d by this Court earlier, stands vacated. Send a copy of this judgment to the Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 607.......d by this Court earlier, stands vacated. Send a copy of this judgment to the Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 607...Category: Criminal Law | Date: | Hits: 86
Azad Hossain (Md) Vs. State, 2003, 32 CLC (HCD)
....lam Azad and not the actual person who has been convicted and sentenced in the aforesaid Special Case, prayed for bail and in support of his claim he produced several documents. Upon hearing both the parties the Magistrate observed in his order dated 31‑12‑2002 that whether the accused is actual......of witnesses on 1‑4‑2002 with dire consequences unless the family dispute between his daughter Lovely Begum and her husband Azam Khan, the younger brother of Aga Khan, is settled by compromise on payment of Taka 23 lac, both Aga Khan and his brother Azam Khan would be murdered. Accordingly, the ......with the Special Tribunal Case No. 41 of 1996 immediately, if not wanted in connection with any other case. Communicate the order at once. Ed. This Case is also Reported in: 56 DLR (2004) 602...Category: Criminal Law | Date: | Hits: 73
Dr. Qazi Faruque Ahmed Vs. State, 2004, 33 CLC (HCD)
....o. 4361 of 2004. Judgment Nozrul Islam Chowdhury J. - This Rule under section 498 of the Code of Criminal Procedure was issued at the instance of the petitioner asking the present Rule opposite party to show cause why the petitioner Dr. Qazi Faruque Ahmed should not be enlarged on bail in Pall......the petitioner the trial Court shall have the liberty to deal with the question of bail of the accused‑petitioner in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 600. ......the petitioner the trial Court shall have the liberty to deal with the question of bail of the accused‑petitioner in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 600. ..Category: Criminal Law | Date: | Hits: 81
Kazi Liakat Ali and others Vs. Chairman, Civil Aviation Authority and another, 2003, 32 CLC (HCD)
....সামরিক বিমান চলাচল কর্তিপক্ষ এর কর্মচারী চাকুরি প্রবিধানমালা ১৯৮৮" (the Regulations), particularly with regulation 2 which provides for appointment of three classes of employees- proba......xpectation. So, the ground taken by the petitioners with regard to practice is not tenable. 26. Admittedly, the petitioners had been working for the last 10/15 years (with some intervals) on daily payment basis. They were not given any pay scale or festival allowances which are provided to regula......harged. The order of stay granted by this Court at the time of issuance of the Rule is hereby vacated. We however, make no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 595...Category: Employment/Service Law | Date: | Hits: 125
Al Baraka Bank Bangladesh Ltd. Vs. Rina Alam and another, 2004, 33 CLC (HCD)
....as therefore, hit by the principles of res judicata. 9. On the pleading the following issues were settled: 1. Was the suit in the present form maintainable? 2. Was the suit bad for defect of parties? 3. Had the plaintiff mortgaged the property covered by scheduled deed against the loan o......nd no letter of consent was obtained from the plaintiff for further mortgage of the property. Clause 14(ii) and of the sanction letter was not complied with. In the legal notice, dated 8‑6‑92 for payment of loan, name of the plaintiff was not there. They did not pray for examination of the signa......o.1 as plaintiff on 14‑7‑97 instituted Title Suit No. 208 of 97 against the appellant bank and another for a decree of declaration that the plaintiff owed no amount to said bank on account of any loan and that the plaintiff had no liability with the bank; and that so-called memorandum or deposit..Category: Civil Law | Date: | Hits: 109
Hasan Rony Vs. State, 2004, 33 CLC (HCD)
....ing officer by a seizure list Ext. 4. PW 5 is a formal witness who has taken the dead body to the morgue. PW 7, the Manager of the Hotel Nurani, has corroborated the testimony of PW 1 in all material particulars. He stated that he intimated the police and thereupon PW 1 came to the hotel and entered......d against him and he is acquitted thereof. Appellant Hasan Rony be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 56 DLR (2004) 580. ......d against him and he is acquitted thereof. Appellant Hasan Rony be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 56 DLR (2004) 580. ..Category: Criminal Law | Date: | Hits: 128
Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)
....ecisions or orders as enumerated above. Not otherwise. An order made under section 5(1) and/or 110 of the Act is not made appealable. 46. Besides, when a Tribunal is established by a statute for a particular purpose and empowered to exercise its jurisdiction in accordance with the procedure presc......a plaint before the Bankruptcy Court at Motijheel in Dhaka, briefly the Court, against respondent Nos. 2 and 3 for a decree, amongst others, for declaring said respondent Nos. 2 and 3 bankrupt for nonpayment of a matured debt of Taka 3,33,000,00. The plaint was registered as Bankruptcy Suit No. 27 o......ও অপরিশোধিত ঋণ বা দেনা” 23. Definition is simple, straight and unambiguous. In case of bank or any other financial institution the matured debt means matured loan or debt as defined time to time by the Bangladesh Bank. And in other cases, matured debt means ..Category: Others | Date: | Hits: 185
Md. Iqbal Hossain Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....High Court Division in Writ Petition No.8469 of 2011 disposing of the writ petition summarily with a direction upon the respondents specially upon respondent No.5 to allow the writ petitioner to take part in the ensuing Narayangonj City Corporation Election, 2011 upon accepting his nomination paper ......passed by the High Court Division. Accordingly, the civil petition for leave to appeal is dismissed with the observation made above. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 42. ......passed by the High Court Division. Accordingly, the civil petition for leave to appeal is dismissed with the observation made above. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 42. ..Category: Election Law | Date: | Hits: 250
.... is a clear manifestation of gross abuse of power and is thus without any lawful authority and of no legal effect. The Rule in each of the Writ Petitions before this Court is therefore, made absolute partially in terms of declaring the impugned orders dated 29-8-2002 issued by the respondent No.2 as...... employment of the petitioners continued. If the employees could not render service during the period of termination, it is due to the action of the employers for which employees could not be refused payment of salary during that period. Only if it can be shown that the employees were gainfully empl......ration will pay the arrear salary to the employees immediately.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 1.
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Category: Criminal Law | Date: | Hits: 83
Mantu Faraji alias Jamal Faraji and others Vs. Mahiuddin Khan, 1996, 25 CLC (HCD)
....llaneous Case No.597 of 1974 by the Assistant Judge, Additional Court, Kushtia to the effect that appellant No.1 will not get the cost of removing his house from the disputed land. 2. The opposite party No.1 filed an application under section 96 of the State Acquisition and Tenancy Act against th...... is a raiyati land within a village and so section 96 of the Act is attracted. In the result, the Rule is discharged without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 147. ...... is a raiyati land within a village and so section 96 of the Act is attracted. In the result, the Rule is discharged without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 147. ..Category: Property Law | Date: | Hits: 70
NFM Universeum Estate Ltd. Vs. ANM Obaidul Islam and others, 2004, 33 CLC (HCD)
....mined the witness of the plaintiff but did not adduce any evidence. It contended that the suit was not maintainable without prior notice under section 169 of Town Improvement Act, 1953. 10. On the party pleadings the following issues were finally settled: (a) Was the suit maintainable in the m......15 decimals was acquired in LA Case No. 40A of 1989‑90 and 40B of 1989‑90. Award was given in the names of plaintiffs. They withdrew the money. Notices for acquisition and information slips about payment of compensation were marked Exhibits 14, 14(ka), 14(kha) and 14(ga). 17. He stated that d......rocedure for using said deed in the suit knowing it to be forged and fraudulent for criminal prosecution. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 563. ..Category: Property Law | Date: | Hits: 85
Sonali Bank Vs. Mahbubul Amin & others, 1989, 18 CLC (HCD)
..... M.M. Ispahani Vs. Sonali Bank and Ors., 1985 DLR (AD) 1. Lawyers Involved: Asrarul Hossain with Syed Sakhwat Ali - For petitioner. Shafique Ahmed with A.F.M. Mesbahuddin - For the opposite party. Civil Revision No.742 of 1987. Judgment Latifur Rahman J.- In this Rule the defendan......e decree. The award of interest under this section after the date of filling of the suit is entirely a matter of discretion of Court. This purely is a matter of statutory power. In a decree for the payment of money, the Court may pass an order of interest at such rate as the Court deems reasonable......Execution Case No.791 of 1986 is vacated. The Execution Case will proceed in accordance with law. The records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 298. ..Category: Procedural Law | Date: | Hits: 74
Abdus Samad & others Vs. State, 1989, 18 CLC (HCD)
....to pay a fine of Tk. 5,000/- each, with a default order. 2. Facts, in short, are that a complainant filed a petition of complaint in the Court of Chief Metropolitan Magistrate, Dhaka by opposite party No.1 alleging that the accused petitioners created a registered deed of agreement for sale d......rder to execute and register a deed of purchase at Tk. 20.000/- and out of which Tk. 15,000/- only was paid to the accused petitioners by the complainant petitioner on 24.7.70. It is stipulated for payment of the rest later but on payment of rest Tk. 5,000/- when he requested the petitioners categ......t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ..Category: Criminal Law | Date: | Hits: 95
M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)
....d that the evidence on record disclosed that each baggage contains a baggage tag and the baggage of the crews contains 2 (two) tags each and the passengers who carry those baggages keep with them a part of this tag and this system has been introduced to facilitate the identification of a particula......cuments, articles of daily use, clothes etc. belonging to the accused appellant may be returned to him after proper identification. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 274. ......cuments, articles of daily use, clothes etc. belonging to the accused appellant may be returned to him after proper identification. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 274. ..Category: Criminal Law | Date: | Hits: 87
Md. Osman Vs. Fatema Khatoon & others, 1989, 18 CLC (HCD)
....1971 as alleged since they deposited the rent duly in the Office of the Controller in House Rent Control Case No.70 of 1971 and the allegation of sub-letting was false as defendant No.5 was their partner in the business. The notice under section 106 of the Transfer of Property Act was neither ......hort, was that the premises in suit belonged to him and one Abul Meah, predecessor of the defendants Nos.1 to 4, was a monthly tenant under him at a rental of Tk. 8/-per month. Abul Miah defaulted in payment of the rent. On his death his heirs, the defendant Nos.1-4, continued in possession of the......l is allowed with costs and the judgment and decree of the lower appellate Court is set aside and those of the Trial Court is upheld. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 270...Category: Property Law | Date: | Hits: 66
....s into question the judgment and order dated 13.8.86 passed by the Chairman, 2nd Labour Court, Dhaka, respondent No.1, in Complaint Case No.25 of 1984, allowing the said case and directing the second party-petitioner to withdraw the impugned order of suspension dated 19.8.82 and allow the 1st part...... accordance with law shall be taken against him.
3. The respondent No.2 protested against the latter dated 23.1.83 regarding the refund of Tk. 12.032/- whereupon the 2nd party-petitioner stopped payment of subsistence allowance to the respondent No.2. The respondent No.2 requested the petitione......9.8.82.
We, therefore, find no ground for interference.
In the result the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 265.
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Category: Labour and Industrial Law | Date: | Hits: 166
Shamir Ghosh Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
.... - For the Opposite Parties. Civil Revision No. 431 of 2003. Judgment Mir Hashmat Ali J. - This Rule under sections 115(1) of the Code of Civil Procedure was issued calling upon the opposite parties to show cause as to why the Judgment and order dated 8‑1‑2003 passed by the learned Addi......ownership of the land it is very difficult to ascertain as to who is the real landlord and, as such, he could not pay the rent and until the ownership is determined by the competent Court of law, the payment of rent is difficult. For default of payment of rent to some individual co-owner, the reme......s. Accordingly, the trial Court is directed to dispose of the suit preferably within 3(three) months from the date of receipt of the order, Ed. This Case is also Reported in: 56 DLR (2004) 560. ..Category: Property Law | Date: | Hits: 62
Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)
.... for supply of 300 MT ASTM A 615 HT deformed bar consisting of different sizes and respondent supplied the same and the appellant acknowledged the receipt of the materials. The appellant used to make part payment of bills while taking delivery of the goods and assured payment of the outstanding bala......supply of 300 MT ASTM A 615 HT deformed bar consisting of different sizes and respondent supplied the same and the appellant acknowledged the receipt of the materials. The appellant used to make part payment of bills while taking delivery of the goods and assured payment of the outstanding balance. ...... learned brother has already discussed and observed very clearly the legal aspect on this point in view of case laws cited before us. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 125. ..Category: Procedural Law | Date: | Hits: 118
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