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Sayed Nurul Hossain Vs. Secretary, Ministry of Industries, 1998, 27 CLC (HCD)
.... lastly, submit that if the petitioner contends that the respondent No.2 is not a local authority, then the petitioner not being in the service of the Republic or local authority and relief not being claimed against local authority this writ petition must fail as being not maintainable. 10. Heard......ct Director under BSTI vide Memo dated 31-12-1991 (Annexure-A) and vide memo dated 2-3 (Annexure-B) his pay scale was fixed at Taka 7100x200-8900 and the petitioner since his appointment, had been performing his duties most satisfactorily. However suddenly he received the memo dated 29-6-92 (Annexur......res-4 and 5) addressed to the Ministry of Industries, also acknowledged conclusion of the above project and advised regarding the deposit into the Bangladesh Bank of the balance of the unused project money the Writ Petition is not maintainable. 5. Mr. Amirul Islam, the learned Advocate appearing ..Category: Employment/Service Law | Date: | Hits: 117
Md. Monir Hossain @ Babu Vs. State, 2011, 40 CLC (HCD)
....ty to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......sh. He could not recognize the accused persons. 3. The accused petitioner was arrested in connection with Jhalokati P.S. Case No.7 dated 11.7.2009 under section 457/380 of the Penal Code and moved for bail but failed, he then obtained the instant rule. 4. The learned advocate appearing for the......illage at night at about 2.30 hours 10 to 12 dacoits encircled his house and some of them entered into his house by cutting grill, while he started crying, 7 to 8 dacoits in a gunpoint took away cash money and ornaments total worth of Tk.2,02,300/- at the same time they also snatched a golds ornamen..Category: Criminal Law | Date: | Hits: 50
Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)
.... basis of a single well, as it would require extensive appraisal work before development costing massive investment. Because of the resource constraints the activities of BAPEX have been slow and the claim that the respondent no.3 has adequate earning to sustain the risky exploration, is not based o......e Rule Their petition succeeded to engender a Rule in following terms: “Let a Rule Nisi issue calling upon the respondents to show cause as to why they should not be directed to evolve and formulate a National Strategy Policy through Parliament ensuring appropriate participating interest ......ernational price, even if BAPEX may discover at a convenient location sufficient gas for domestic need, which could be used at a relatively lower price. Newspaper reports have it that before invested money is realised, the government would pay as “Cost Oil” to two foreign companies under the exi..Category: Constitutional Law | Date: | Hits: 231
Thomarshu alias Majhi Vs. Bangladesh, 1999, 28 CLC (HCD)
.... Rule is liable to be discharged and accordingly, is discharged but without any order as to cost. Let the records of the case be sent down. Ed. This case is also Reported in: 52 DLR (2000) 516. ......d upon him on 08-02-84 under section 7(3) of the Ordinance. 3. On 22-03-84 the petitioner made an application purportedly under section 28 of the Ordinance being Miscellaneous Case No.15 of 1984 before the District Judge at Dinajpur for revision of the award. On 18-05-85 the learned District Judg......get any benefit for wrong filing of the same’. 8. The learned Advocate for the petitioner also could not show me from the record of the case that the petitioner in fact received the compensation money ‘under protest’. He vehemently submitted that the petitioner is entitled under section 14 ..Category: Property Law | Date: | Hits: 95
Rowshan Ali (Md.) Vs. State, 2000, 29 CLC (HCD)
....hi Division in Special Case No.26 of 1994 (Pabna) to answer charges under section 409 of the Penal Code read with section 5(2) of Act II of 1947, to which the accused appellant pleaded not guilty and claimed to be tried. 5. At the trial, the prosecution examined as many as 12 witnesses and exhibi......f 1996 (Pabna), convicting accused appellant Md. Rowshan Ali under section 409 of the Penal Code read with section 5(2) of Act II of 1947 and sentencing him thereunder to suffer rigorous imprisonment for three years and to pay a fine of Taka 1,96,800.00, in default, to suffer rigorous imprisonment f......cessity of initiating an independent, time-consuming and cumbersome proceeding. This is why in a case under the Anti-Corruption laws, an accused is sentenced to pay a fine equivalent to the amount of money or the value of the goods misappropriated by him in addition to the substantive sentence of im..Category: Criminal Law | Date: | Hits: 88
Begum Tahmina Vs. Government of Bangladesh, 2000, 29 CLC (HCD)
.... and wealth assessment statement for the year 1993-94 and against such Annexure X-X(1) (Annexure D D(1) Respondents could not file any affidavit-in-opposition or any paper or record to controvert the claim of petitioner and to oppose claim by positively showing that such and such properties are stil......assment of the petitioner who was earlier put to unnecessary trouble and harassment through arrest in connection with GD entry No.6767 dated 12-6-93 under section 54 of the Code of Criminal Procedure for which she moved the Metropolitan Magistrate Court wherefrom she was granted bail but she was the......-2/5231 dated 27-3-94 (Annexure-A) to the writ petition is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 503. ..Category: Criminal Law | Date: | Hits: 78
Wahida Begum Vs. Tajul Islam, 2000, 29 CLC (HCD)
....ransaction between the plaintiff and defendant No.3 is an out and our sale. There is no question of any mortgage ever entered into by plaintiff and defendant No.3. The defendants Nos. 1 and 2 further claimed to be bona fide purchasers for value without notice of the ‘Ekrarnama’. They asserted th......, at Upazila Mirsharai, Chittagong in other suit No.11 of 1982, and dismissing the suit. 2. On 21-02-82 the said predecessor-in-interest of the present petitioners as plaintiff instituted the suit for recovery of possession of the suit land purportedly under section 95 read with section 95A of th......e sent down at once. Consequently, the order of this Court directing the parties to maintain status quo granted earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 491...Category: Property Law | Date: | Hits: 113
Saleha Khatun and others Vs. Fetema Hajura and others, 2000, 29 CLC (HCD)
....n for introduction of the legal representatives of deceased party in the plaint. 15. It is curious to note that plaintiff-opposite party not only failed to produce any material to substantiate his claim that defendant died on 25-11-90 but also produced no evidence to repel the contention of the d......the Code of Civil Procedure is directed against the order dated 6-3-1991 passed by the learned Assistant Judge, Additional Court Rajshahi in OC Suit No. 402 of 1982/69 of 1990 allowing an application for amendment of the plaint by way of striking out the name of the deceased sole defendant and addin......r of stay of further proceeding of OC suit No.402 of 1982/69 of 1990 granted by this Court at the time of issuing the Rule is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 457...Category: Property Law | Date: | Hits: 71
Atiqur Rahman (Md.) Vs. Ainunnahar, 1999, 28 CLC (HCD)
....en absolutely without any merit, the same must be discharged. Resultantly, the Rule is discharged. Order of stay stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (2000) 453.......nahar……………………….Opposite Party. Judgment June 24, 1999. Case Referred to- Hosne Ara Begum Vs. Alhaj Md. Rezaul Karim and others, 43 DLR 543. Lawyers Involved: Lucky for Mashuque Hossain Ahmed, Advocates—For the Petitioner. Farida Begum (Khan), Advocate—For t...... are as follows: (a) The opposite party of the Rule as plaintiff laid a suit being Family Suit No.86 of 1990 before Family Court and Senior Assistant Judge, Comilla Sadar, for realisation of dower money and maintenance impleading her husband as defendant in the suit. The defendant resisted the su..Category: Procedural Law | Date: | Hits: 67
Bibi Zarina and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....’ list of the abandoned buildings as published in the Bangladesh Gazette (Extraordinary) on 23rd September 1986. Thereafter the petitioners filed Case No.719 of 1987 in the 1st Court of Settlement claiming to be owner of the case property and for exclusion of the same from the ‘ka’ list of th......ed in the Bangladesh Gazette (Extraordinary) on 23rd September 1986. Thereafter the petitioners filed Case No.719 of 1987 in the 1st Court of Settlement claiming to be owner of the case property and for exclusion of the same from the ‘ka’ list of the abandoned buildings and also prayed for rest......-91 passed by the 1st Court of Settlement in Case No.719 of 1987 within 3(three) months from the date of receipt of the copy of the judgment. Ed. This Case is also Reported in: 52 DLR (2000) 439...Category: Property Law | Date: | Hits: 90
Manager, Bangladseh Krishi Bank and others Vs. Al-Haj Md. Nurul Islam & another, 1999, 28 CLC (HCD)
....defendants Bank did not pay the installment in time though Bank sanctioned 5 lac but paid only 4 lac and withheld payment of Taka 1 lac, did not co-operate with the plaintiff company in realizing the claim for damage from Insurance Company, obstructed the plaintiff in getting loan from the other Ban......dinate Judge Munshiganj in Money Suit No.1 of 1991. 2. The Respondent as plaintiff instituted Money Suit No.1 of 1991 in the Court of Subordinate Judge, Munshiganj against the defendant-appellants for a decree of Taka 87,75,000.00 as damage. The plaintiff in the suit is Alhaj Muhammad Nurul Islam......se of extending and improving his cold storage for the storage of potatoes he prayed for loan of Taka 50 lac from the defendant-appellants Bank but only Taka 35 lac was sanctioned and paid. Since the money was not sufficient enough to complete the project the plaintiff company prayed for further loa..Category: Civil Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Aziz Pipes Limited, 2003, 32 CLC (AD)
....the Second Commercial Court, Dhaka in Title Suit No. 1 of 1996 decreeing the suit. 2. The above title suit was filed by Aziz Pipes Ltd., a Public Limited Company for a decree of Tk. 1,44,39,817/- claiming that the said amount was realized by the defendant Bangladesh Shilpa Rin Sangstha (BSRS) in......t those dated 28.4.1999 passed by the Second Commercial Court, Dhaka in Title Suit No. 1 of 1996 decreeing the suit. 2. The above title suit was filed by Aziz Pipes Ltd., a Public Limited Company for a decree of Tk. 1,44,39,817/- claiming that the said amount was realized by the defendant Bangla......efendant BSRS which was realized in excess. 34. Before we part with, we may refer to another submission of Mr. A.K.M. Nazrul Islam. He has submitted that the BSRS has no fund of its own, whatever money is given as loan to a borrower is the money which is received from the government and the mone..Category: Civil Law | Date: | Hits: 126
....t in 1984 was in respect of the terms and conditions of his service in as much as he, by the application, challenged the grant of seniority and promotion of some other clerks in supersession of his claim. So in view of section 4 of the Administrative Tribunal Act, 1980 the Administrative Tribuna......984.
2. The respondent No. 2 namely Sailendranath Biswas being a clerk under Divisional Superintendent (Workshop), Bangladesh Railway made an application under Section 34 of the I.R.O. praying for a declaration that the order dated 15-4-84 passed by the Chief Personnel Officer (West), Banglad...... costs. The impugned order of the respondent No. 1 is declared to have been passed without any lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 40 DLR (1988) 163.
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Category: Labour and Industrial Law | Date: | Hits: 170
Eser Ali Sheikh (Md.) Vs. Md. Mokarram Ali and others, 2001, 30 CLC (HCD)
.... Nessa who is his mother. On her death, he acquired her interest. Sonabi Nessa and he did not transfer any land. The sale deed dated 3-2-59 is collusive, fabricated and without consideration. He also claimed that he does not know how to read or write but in the deed his signature appears. 8. On t.......) ………..Petitioner Vs. Md. Mokarram Ali and others ……….Opposite Parties. Judgment March 15, 2001. Lawyers Involved: Mir Mokhlesur Rahman with Nasrin Parvin, Advocates—for the Petitioner Md. Asaduzzaman Advocate- For the opposite Party No. 1 AFM Zubair, Advocate- f...... is an unilateral agreement and written addressing Amir Hossain Miah (father of the plaintiff Sharijan Nessa agreed to sell the land at a price of Taka 60,000 and on receipt of Taka 37,000 as earnest money promised and requested to take the ‘Kabala’ within 3 months on payment of the balance of T..Category: Property Law | Date: | Hits: 91
Sumikin Bussan Corporation Vs. Chittagong Port Authority and Others, 2001, 30 CLC (HCD)
.... declared accepting the decision No.8823 dated 13-9-2000 of the Chittagong Port Authority as contained in Annexure-B to the petition. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 599. ......eting No.8823 dated 13-9-2000 (Annexure-B to the petition) of the Board of Chittagong Port Authority, the respondent No.1, which found respondent No.8 as a non-responsive bidder in respect of the bid for supply of four Rail Mounted Quay Gantry Cranes (QGC) with necessary spare parts and services and......isdiction. 40. It appears from Clause 18(1) of the tender document that the bidder is required to furnish bid security of US$ 4,00,000 as part of its bid. Admittedly every bidder furnished the bid money. And clause 18(7) provides that the bid security may be forfeited: (a) “if a bidder withdraw..Category: Others | Date: | Hits: 153
Sk Sohrab Ali Vs. Gazi Abdur Rashid and others, 2000, 29 CLC (HCD)
....is order, with notice to the contending parties. Communicate the order to the learned Subordinate Judge, 3rd Court, Dhaka at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 598. ....... Judgment Gour Gopal Saha J.- This Rule is directed against the order dated 4-11-80 passed by the 3rd Court of Subordinate Judge, Dhaka in Money Suit No.186 of 1978. 2. Short facts relevant for the purpose of the case are that the opposite party as plaintiff instituted a suit in the 3rd Co......is order, with notice to the contending parties. Communicate the order to the learned Subordinate Judge, 3rd Court, Dhaka at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 598. ..Category: Procedural Law | Date: | Hits: 82
Abdul Mannan Sarker (Md.) Vs. State and others, 2001, 30 CLC (HCD)
.... now pending in the Court of learned Metropolitan Magistrate, Dhaka is thus quashed. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 565. ......otijheel PS Case No.13 dated 02-03-99 and GR case No. 1267 of 1999 now pending in the court of learned Metropolitan Magistrate, Dhaka should not be quashed. 2. According to the FIR lodged by the informant, the accused petitioner took Taka 1,64,000 from the informant as loan for personal need and ......2. According to the FIR lodged by the informant, the accused petitioner took Taka 1,64,000 from the informant as loan for personal need and business purpose in 3 instalments but he did not refund the money consequently and the FIR was lodged against the present petitioner. 3. The learned Advocate..Category: Criminal Law | Date: | Hits: 43
Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)
....00 was written in the deed. Tempted by such low price, the preemptors made the application for preemption by deposit of Taka 95,000 only together with compensation of Taka 95,000. To substantiate his claim, certified copies of 4 contemporaneous Kabalas were also filed. If the valuation of the case w......de of Civil Procedure, in brief, the Code, against order No. 33 dated 4-5-2000 passed by Senior Assistant Judge, Sadar, Sunamganj in Miscellaneous Case No. 22 of 1998 (pre-emption). 2. Short facts for disposal of the Rule are that opposite parties No.1 and 2 made an application under section 96 o......states- 96. (3) (a) “An application made under sub-section (1) shall be dismissed unless the applicant or the applicants at the time of making it deposit in the Court the amount of consideration money or the value of the transferred holding or portion or share of the holding as stated in the no..Category: Property Law | Date: | Hits: 68
Abu Sayed Vs. State, 2001, 30 CLC (HCD)
....nable doubts. Accordingly, it convicted and sentenced the appellant and said confessing accused as stated above and acquitted others. 9. The appellant in his petition of appeal filed from the jail claimed to be innocent of the offence charged. It is also claimed by him that P.W. 12 Taju Master by...... No.3 dated 7-3-89 and GR No.10 of 1989) convicting the appellant and three others under section 302 read with section 34 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for life. 2. The appellant along with eight other accused were put to trial before the above Sess......der of his father. But all the confessing accused stated in one voice that the appellant drove the knife through the neck of his father and then he went to the hut of his step-mother and searched for money. P.W. 4 Chand Ali, step-brother of the appellant, woke up and cried out but was threatened to ..Category: Criminal Law | Date: | Hits: 41
Molla Mahjenul Islam Vs. State and others, 2001, 30 CLC (HCD)
....ted an error of law which has occasioned failure of justice. 7. Mr. Abdul Quaiyum, the learned Deputy Attorney-General, on the other hand, submits that on a plain reading of the plaint, the relief claimed therein is barred under section 72 of the State Acquisition and Tenancy Act and therefore, t......in Mouza Jat Amrul, Police Station Atrai, District Rajshahi without any interference from the principal defendants. After the institution of the suit, the plaintiff petitioner filed an application for injunction restraining the principal defendants from leasing out the Waqf portion of the Ahsango......rder as to costs. The status quo order passed by this Court earlier is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 552...Category: Property Law | Date: | Hits: 105
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