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Kibria and Associates Ltd. Vs. Bangladesh Agricultural Development Corporation, 1992, 21 CLC (HCD)
....for the non‑scheduled work and the bill submitted was not proper. 4. Both the appellant and the respondent filed documents including the measurement book before the Arbitrator who on hearing the parties and on examination of the documents produced held that the claim of the first party was not ......pectively on May 6, 1984 and May 22, 1984 and on June 18, 1984 submitted the report of completion of the construction work completed on 30th, April, 1984 and requested Engineer‑in‑charge to make payment of the final bills at an early date. The appellant on October 7, 1984 requested the Chief En......ters at rest arising out of the situation like the present one. In the result, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 712. ..Category: Alternative Dispute Resolution | Date: | Hits: 156
AKM Haroon‑or‑Rashid & another Vs. AKM Mostafa Kamaluddin and others, 2001, 30 CLC (HCD)
....e Suit No.80 of 1998 rejecting the application filed by defendant-petitioners for fixing valuation of the suit property after holding an inquiry under section 8C of the Court-Fees Act. 2. Opposite party Nos. 1 to 4 as plaintiffs have instituted Title Suit No.344 of 1997 in the 4th Court of Assist......e of receipt of the judgment. Let a copy of the judgment be communicated to the learned Assistant Judge concerned immediately. Ed. This Case is also Reported in: 57 DLR (2005) 29. ......i. Defendant No.1 on the strength of the power of Attorney, transferred the suit land to defendant No.2 on 6‑2‑1990. After approval of the plan by "RAJUK" defendant Nos. 1 and 2 got a sanction of loan of Taka 16,65,000 from the House Building Finance Corporation (shortly HBFC) and started constr..Category: Civil Law | Date: | Hits: 68
Abdur Rahman Dhali and others Vs. State, 2004, 33 CLC (HCD)
....or the Petitioners. Md. Afsar Hossain, Assistant Attorney-General-For the Opposite Party. Criminal Miscellaneous Case No. 2123 of 1995. Judgment Farah Mahbub J.- By this Rule the opposite party was called upon to show cause as to why the proceeding in Special Case No. 29 of 1994 arising ......rt of Divisional Special Judge, Barisal at once directing to ensure the trial of the accused Mollah Kamruzzaman at the earliest opportunity. Ed. This Case is also Reported in: 57 DLR (2005) 17. ......rt of Divisional Special Judge, Barisal at once directing to ensure the trial of the accused Mollah Kamruzzaman at the earliest opportunity. Ed. This Case is also Reported in: 57 DLR (2005) 17. ..Category: Criminal Law | Date: | Hits: 85
Abdul Mannan Bhuiyan (Md.) Vs. University of Rajshahi and others, 2004, 33 CLC (HCD)
....ation before the Vice Chancellor of the University on 24-10‑2000 praying for re‑examination of his answer script in the said paper. His application was duly recommended by the Chairman of the Department of Law but in spite of his repeated efforts no response was received from the authorities o......ding the application of the petitioner a cost should be imposed. In the result, the rule is made absolute with a cost of Taka 5,000 only. Ed. This Case is also Reported in: 57 DLR (2005) 14. ......ding the application of the petitioner a cost should be imposed. In the result, the rule is made absolute with a cost of Taka 5,000 only. Ed. This Case is also Reported in: 57 DLR (2005) 14. ..Category: Others | Date: | Hits: 157
.... section 4 of the aforesaid Act and Rule 10 of the aforesaid Rules cannot be considered violative of the fundamental rights guaranteed under the Constitution,
6. Heard the learned Advocates of the parties, perused the Writ Petitions and their Annexures along with the impugned order.
7. Section......2002, 832 of 2003, 728 of 2003, 2014 of 2003 and 2562 of 2003, therefore, have no substance and are discharged without any order as to costs.
Ed.
This Case is also Reported in: 56 DLR (2004) 444.......2002, 832 of 2003, 728 of 2003, 2014 of 2003 and 2562 of 2003, therefore, have no substance and are discharged without any order as to costs.
Ed.
This Case is also Reported in: 56 DLR (2004) 444...
Category: Civil Law | Date: | Hits: 70
Rajab Ali Zulfiqar Vs. State, 1993, 22 CLC (HCD)
....cer, Ulipur lodged a complaint to the District Anti‑Corruption Officer, Rangpur and to the District Education Officer, Kurigram when an Enquiry Case No.629/83 was started by the Anti‑Corruption Department. The Anti‑Corruption Department also received a Memo dated 19.10.83 with a paper cuttin......nce of the accused appellant is reduced from one year Simple Imprisonment to 6 (six) months Simple imprisonment with the fine of Tk. 3,800.00 as already awarded by the trial Court but in default of payment of the same he is to suffer more 2(two) months Simple Imprisonment instead of 6(six) months.......o surrender to his bail bond and serve out the remaining sentence at once. Let the, records of the, case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 705. ..Category: Criminal Law | Date: | Hits: 92
Afzal Hossain Vs. Chief Election Commissioner and others, 1992, 21 CLC (HCD)
....n Commission vide order dated 22.10.92 Annexure 'F' which is the impugned order. 4. Mr. N H Khandaker, the learned Advocate appearing for the petitioner, submitted that the Election Commission and particularly the order passed by Mr. Justice MA Rouf and Justice Syed Misbahuddin Hossain, as Electi......ondent No.8 namely Mohiuddin Sikder Babul with the statement alleging that the said Mohiuddin Sikdar took an amount of Taka 6000.00 as agricultural loan on 11.1.92 from Krishi Bank on condition for repayment of the same with interest within the specified time allowed, by 31.7.92 but he defaulted to ......against the candidature and nomination paper of respondent No.8 namely Mohiuddin Sikder Babul with the statement alleging that the said Mohiuddin Sikdar took an amount of Taka 6000.00 as agricultural loan on 11.1.92 from Krishi Bank on condition for repayment of the same with interest within the spe..Category: Election Law | Date: | Hits: 153
Air Marshal Jamaluddin Ahmed (Retd) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....of criminality in making such a purchase, that the Government in its wisdom and discretion decided to purchase such modern planes and he being the Chief of the Air Force at the relevant time, did his part in good faith to the best of his professional ability in due discharge of his duties as the Air......1 vide Memo No. প্রমঃ/আঃ/সাঃবিঃপ্রঃ/০২/ডি৭৪৩০ dated 28‑9‑2002 (Annexure C) finally directed the Air Head Quarters to settle his pension claims on payment of Taka 35,855 in TR Form towards the claims of the Government or after deduction of the sai......om the date of receipt of the copy of this judgment and order. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 1. ..Category: Employment/Service Law | Date: | Hits: 148
Ambala Cold Storage (Pvt.) Ltd. Vs. Prime Insurance Co. Ltd., 2001, 30 CLC (HCD)
.... prescribed form along with documents. The surveyors made a joint survey on 25‑10‑1998 in presence of petitioner's Director Mr. M Waliul Haque and assessed the loss of weight 5% total loss 8% and partial loss 4% of which 20% is total loss. The report was jointly signed by both the surveyors and ......ed without any order as to costs. The petitioner may, however, make their claim before the competent civil Court in terms of the policy. Ed. This Case is also Reported in: 56 DLR (2004) 422. ......ing on business of cold storage having its office at House No. 39, Rood No. 2. Dhanmondi, Dhaka. The petitioner set up their cold storage where potatoes are stored upon purchasing from market against loan obtained by it from Sonali Bank and the Sonali Bank disbursed the working capital to the petiti..Category: Company Law | Date: | Hits: 168
.... an order under Memo No.4‑Sangsthapan ‑26/80‑81/212(7), dated 5‑2‑81 placed the petitioner under suspension (Annexure‑C). The said order of suspension also contained a decision that the departmental proceedings would be brought against the petitioner. By another Memo, being Memo No.4‑S......tainable, we do not think it is necessary to consider other grounds.
In the result, the Rule is discharged with no order as to costs.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 27. ......tainable, we do not think it is necessary to consider other grounds.
In the result, the Rule is discharged with no order as to costs.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 27. ..
Category: Criminal Law | Date: | Hits: 78
Commander (Rtd) A A Chowdhury Vs. AKM Imam Hossain and others, 1996, 25 CLC (HCD)
.... others 40 DLR (AD) 36. Lawyers Involved: SR Paul with HR Sharif, and Momtazuddin Fakir, Advocates–For the petitioner. ASM Wahidul Momin Chowdhury with, A Baset, Advocates-For the opposite party. Civil Revision No. 3446 of 1994. Judgment Sirajul Islam J.-This Rule section 115 of...... reference by this Court. In the result, the Rule is discharged with costs. The stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 23 ...... reference by this Court. In the result, the Rule is discharged with costs. The stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 23 ..Category: Property Law | Date: | Hits: 65
Mokbul Ahmed Vs. Shamsul Rashid and others, 1996, 25 CLC (HCD)
....ted a sale deed on 19‑11‑18 corresponding to 3rd Agrahayan, 1325 BS in favour of his said 4 sons who on purchase have been possessing the same having mutated their names in the record of right. A part of the suit property devolved upon the petitioner as the heir of Ishque Rashid, one of the reci......in Civil Revision No.250 of 1991 for stay has become infructous and the same is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 18. ......in Civil Revision No.250 of 1991 for stay has become infructous and the same is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 18. ..Category: Trust/Waqf Law | Date: | Hits: 165
Syed Khalilulla Salik alias Juned Vs. Haji Md. Rahmat Ullah, 1995, 24 CLC (HCD)
.... Criminal Revision No.3149 of 1991 (Dhaka) Judgment Md. Badruzzaman J. - This Rule was issued on an application under section 561A of the Code of Criminal Procedure calling upon the opposite parties to show cause as to why the proceeding of CR Case No.224 of 1988 pending in the Court of Mag......ceeding of CR Case No.224 of 1988 pending in the Court of Magistrate, 3rd class, Sadar, Sylhet is quashed. Send back the LC records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 16. ......ceeding of CR Case No.224 of 1988 pending in the Court of Magistrate, 3rd class, Sadar, Sylhet is quashed. Send back the LC records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 16. ..Category: Constitutional Law | Date: | Hits: 169
Abu Bakkar Siddique Vs. Justice Shahabuddin Ahmed and others, 1996, 25 CLC (HCD)
....ossain, the learned Advocate appearing for the petitioner, submits that the present case of former Chief Justice Shahabuddin Ahmed comes within the purview of aforesaid provision of the constitution, particularly under the Bengali version of the above provision. He submits that though Justice Shahab...... of the Constitution for preferring an appeal before the Appellate Division against our judgment. There will be no order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 1. ...... of the Constitution for preferring an appeal before the Appellate Division against our judgment. There will be no order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 1. ..Category: Constitutional Law | Date: | Hits: 200
Ripon Howlader Vs. State, 2009, 38 CLC (AD)
....y reason to kill him and that the witnesses were not also sure about the appearance of the petitioner, such confusing statement cannot be considered as positive evidence and it is not possible on the part of the persons who saw the occurrence to identify the accused-petitioner in a positive manner; ......the 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: VIII ADC (2011) 715.......the 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: VIII ADC (2011) 715...Category: Criminal Law | Date: | Hits: 81
Md. Moniruzzaman alias Chaklet and others Vs. State, 2009, 38 CLC (AD)
....nce on record; that the High Court Division failed to consider the manner of occurrence as in a broad day light at 1:10PM. in a busy place and in presence of many people it is quite impossible on the part of the accused to commit the alleged occurrence of kidnapping; that as per prosecution vers......ntence of the petitioners is commuted to rigorous imprisonment for 14 (fourteen) years. The sentence of fine is, however, maintained. Ed. This Case is also Reported in: VIII ADC (2011) 711.......ntence of the petitioners is commuted to rigorous imprisonment for 14 (fourteen) years. The sentence of fine is, however, maintained. Ed. This Case is also Reported in: VIII ADC (2011) 711...Category: Criminal Law | Date: | Hits: 70
....0 initially against M/S. Shahjahan Store, represented by its proprietor Md. Shahjahan and Jahangir, sons of late Jahed and Rashida Akhter, wife of Abdul Malek. On 05.08.2004 the suit was decreed ex-parte in preliminary form. As the judgment-debtors did not pay the decreetal amount to the decree-ho......advice of the lawyer. Immediately, after obtaining the certified copy of the judgment of the said writ petition on 18.01.2009 the petitioners went to the concerned Court and they were advised to make payment of the balance amount of TK. 1,76,114.00 in addition to the deposit already made by them ear......lant shall submit the concise statements by 12th April, 2011 and 1(one) week thereafter the respondent will file the concise statements.
Ed.
This Case is also Reported in: VIII ADC (2011) 685.
..
Category: Property Law | Date: | Hits: 48
Government of Bangladesh and another Vs. Monwarul Alam and others, 2011, 40 CLC (AD)
....st the Government cannot accrue before expiry of 60 years. From the judgment of the High Court Division it appears that the learned Judge did not at all consider the findings given by the trial Court particularly as to the maintainability of the suit in the light of the provision of section 42 of ......rder dated the 2nd March, 2010 passed by the High Court Division in Civil Revision No.1737 of 1996 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 679. ......ngly the same was recorded in the S.A. Khatian in her name. While Mahmuda Begum was in possession of the suit land as the rightful owner, she constructed a 2(two) storied building therein by taking loan from the House Building Finance Corporation in Loan Case No. KL/6. Mahmuda Begum dug a pond in ..Category: Property Law | Date: | Hits: 54
Md. Shamsul Hoque Vs. Md. Jabbar and another, 2011, 40 CLC (AD)
....appeal and decreeing the suit reversing the judgment and decree dated 5.11.2006 passed by the Senior Assistant Judge, Syedpur in Other Class Suit No.44 of 1995 dismissing the suit. 2. The opposite party Nos.1 and 2 herein Md. Jabbar and Md. Sattar Mia and their mother Sakhina Khatun (now deceased......al court making observation and decision to the effect that since admittedly, there was an agreement for sale of the land in question by the plaintiff in favour of the defendant and the defendant, on payment of consideration money, got possession of the land and had been possessing the same the poss......epare the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 673. ..Category: Property Law | Date: | Hits: 76
Shaki Md. Shoaib and others Vs. Md. Kashem Ali Bhuiyan and others, 2011, 40 CLC (AD)
.... leave to appeal the petitioners have called in question the judgment and decree dated the 19th day of July, 2009 passed by the High Court Division in First Appeal No.278 of 2003 allowing the same in part. 2. The petitioners as plaintiffs filed Other Suit No.168 of 2000 in the Court of 1st Joint.......07.2000 to sell the suit properly. In the agreement it was stipulated that the balance consideration of TK. 29,42,500.00 would be paid to the defendant within 3(three) months and on receipt of the payment thereof, he would execute and register sale deed in favour of the plaintiffs in respect of t...... Court Division which shows that he has accepted the decree passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 668. ..Category: Property Law | Date: | Hits: 72
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