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Feroz Uddin Vs. Eshan Re-Rolling Mill Ltd., 2009, 38 CLC (HCD)
....ties are hereby discharged from their bail bonds. Send down the lower court records at once for information and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 684. ....... The trail Court in Sessions Case No. 141 of 2007 found the accused–appellant guilty under section 138 of the Negotiable Instrument Act and sentenced him thereunder to suffer rigorous imprisonment for 6 (six) months and to pay a fine of Taka 4,49,832/-(Four lac forty nine thousand and eight hundr......bounced on 06.09.2005 for insufficient fund of the accused-appellant. Thereafter, the complainant-respondent issued a legal notice on 11.09.2005 upon the accused-appellant demanding payment of cheque money but the accused-appellant did not pay the same within the time, specified in the legal notice...Category: Criminal Law | Date: | Hits: 57
Md. Monjur Murshed Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....e in its proper perspective. It is also stoutly asserted on behalf of the bank that the scheme has been duly examined and approved by the Government. The learned Deputy Attorney General supports that claim. 20. Besides, the petitioner is an advocate of this Court. Admittedly, he is neither a shar......respondent Agrani Bank Limited. 2. It is stated in the petition that the Board of Directors of the Agrani Bank Limited, in its 86th Board meeting held on 4.2.2009, approved the car loan facilities for the executives of the bank having the rank of Assistant General Manager (AGM) and upwards. 3.......discharged but without any order as to cost. Md. Mamtaz Uddin Ahmed J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 699, 17 BLT (HCD) 2009, 575; 15 MLR (HCD) (2010) 296. ..Category: Banking Law | Date: | Hits: 205
Chairman, Chittagong Port Authority Vs. Safiuddin and others, 2010, 39 CLC (AD)
.... 1992 to its original file and number, on an application filed under Order 9 Rule 13 of the Code of Civil Procedure. 2. The respondent No.1 hereof as plaintiff filed the Money Suit No.11 of 1992 claiming Tk.23,82,111.13/- together with interest @ 18% and cost from the petitioner hereof being ......ment January 11, 2010. Lawyers Involved: Ziaul Hasan, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1835 of 2009. (From the judgment and order dated 22.01.2009 passed by the......xplanation and even then without condoning the delay allowed the application on flimsy ground." and (c) "As observed above, the suit was instituted in January, 1992 for recovery of huge amount of money and for years together, the defendants were afforded sufficient opportunity to contest in th..Category: Civil Law | Date: | Hits: 63
Md. Sharif Hossain Vs. Md. Abdul Jalil and another, 2009, 38 CLC (HCD)
....ptor in order to prove its case examined 3(three) P.W.s including himself as P.W.1 and all the P.W.s categorically stated that the pre-emptor-petitioner just after knowing about the impugned transfer claimed the suit land in performing Taleb-i-mowasibat on 01.7.87 and Talab-i-ishat on 7.7.87 but the......udgment and decree dated 26.02.90 (decree singed on 6.3.90) passed by the Senior Assistant Judge, 1st Court, Dhaka in Title Suit No.291 of 1987 decreeing the suit. 2. The relevant facts necessary for disposal of the Rule are that the petitioner as plaintiff instituted Title Suit No.291 of 1987 i......n accordance with Mohammedan Law and the suit is also barred by limitation; that the specific case of the defendants is that the defendant No. 2 decided to sale out the suit-property for want of cash-money and thereupon, he requested the plaintiff to purchase the suit-property but the plaintiff refu..Category: Property Law | Date: | Hits: 39
Abdul Jalil Miah and another Vs. Siddiqur Rahman, 2009, 38 CLC (HCD)
....o. 107 comprising 2 kathas 1 chatak of land out of 3 kathas 1 chatak of land purchased on the basis of sale deed dated 4-4-69. Admittedly the title deed is in the name of the plaintiff. The defendant claimed the suit land comprising 2 kathas 1 chatak which was decided to transfer in the name of the ......iffs filed Title Suit No.276 of 1981 in the First Court of Subordinate Judge, Dhaka (which transferred to 4th Court of Subordinate Judge and Artha Rin Adalat re-numbered as Title Suit No.244 of 1992) for declaration of title and recovery of khas possession of the following land of “Schedule ......to Abdur Razzaque and plaintiff No.1 by demolishing wall and house and demarcated the boundary of the plaintiff and defendant respectively by erecting boundary wall and after payment of consideration money for 3 kathas and 2 chataks of land, a 12’ ft. road has constructed on the R.S. Plot No. 580...Category: Property Law | Date: | Hits: 39
Md. Osman Gani & others Vs. Begum Tofatun Nahar & others, 1988, 17 CLC (HCD)
....out any order as to costs. The impugned order of the Courts below is upheld. The ad-interim order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 41 DLR (1989) 151.......Rahman, District Judge, Bogra in Misc. Appeal No.10 of 1986 affirming those dated 29.1.86 passed by Mr. Ahammed Jamil Mostafa, Subordinate Judge, Bogra in O.C. Suit No.377 of 1985 refusing the prayer for temporary injunction. 2. Short facts giving rise to this Rule may be stated as follows:— ......he construction is completed on the suit premises by the defendant opposite party at her costs and by that any loss if at all is suffered by the plaintiff-petitioners; then that can be compensated by money and the loss can not be termed as irreparable. It is also difficult to understand how such com..Category: Procedural Law | Date: | Hits: 80
Md. Nurul Abser Miah Vs. Kiron Shankar Nandy & others, 1988, 17 CLC (HCD)
....e learned Subordinate Judge in exercise of his judicial discretion. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 148. ...... refusing to strike off the name of the opposite party No. 1 from the plaint of Other Suit No. 41 of 1978 of the Court of Sub-Judge, 1st Court, Sadar, Chittagong. 2. The petitioner instituted the aforesaid suit against the opposite party Nos.2 to 5 for specific performance of contract for certa......hat Dhirendra Lai Nandy predecessor-in-interest of the opposite party Nos. 2-4 exerted into an agreement for sale of the disputed land on 15.4.73 with the petitioner. That Dhirendra Nath took earnest money of Tk. 42,500/- out of consideration of Tk. 45,000/- and delivered possession thereof to the..Category: Procedural Law | Date: | Hits: 70
M/s. Nawab Askari Jute Mills Ltd. & others Vs. Giasuddin Ahmed, 1988, 17 CLC (HCD)
....s on 9.3.83 and in the meantime the petitioners paid some advance money to the opposite party. It was the further case of the opposite party (plaintiff) that due to delay in delivery of the engine he claimed Tk. 1,66.500/- as docking charge, he was seriously handicapped in performing the contract ......ohrab Ali J.- This Rule is directed against an order dated 2.9.84 passed by the Munsif, 4th Court, Narayanganj, in Title Suit No.166 of 1983. The learned Munsif by this order held: "This is a suit for mandatory injunction and the relief sought for by way of mandatory injunction has got no marke......ling which TK.500/- would be charged for each day of delay in giving delivery of the launch. The engine was supplied by the petitioners on 9.3.83 and in the meantime the petitioners paid some advance money to the opposite party. It was the further case of the opposite party (plaintiff) that due to d..Category: Civil Law | Date: | Hits: 159
Md. Torab Ali Vs. Bangladesh Textile Mills Corporation & another, 1989, 18 CLC (HCD)
....petitioner has no legal right to be served with a copy of the report of the enquiry officer. 10. The petitioner is an employee of a statutory Corporation. He is not a government servant. He cannot claim a second opportunity to show cause as a matter of right. But if his Service Rules or Regulat......amal J.- In this Rule Nisi obtained under Article 102 of the Constitution of the People's Republic of Bangladesh the respondents have been called upon to show cause as to why the order of dismissal form service as contained in Memo. No. SEC/DA/343/699/85/400 dated 20.7.86 (Annexure F) issued by th......pondents still prefer to differ from the enquiry officer. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 138...Category: Employment/Service Law | Date: | Hits: 73
Trading Corporation of Bangladesh Vs. MV Corina & others, 1988, 17 CLC (HCD)
....re appointed. The plaintiff also signed the LLOYD'S Average Bond and Valuation Form counter-guaranteed by the Sadharan Bima Corporation of an amount of US $ 5,80,000.00 and accordingly the plaintiffs claim are fully covered by the insurance and as such the arrest of the vessel is also unjustified. T......a, Advocates—For the Defendant/Opposite parties Nos. 1, 3 and 4. Admiralty Suit No. 2 (CTG) of 1988 Judgment AM Mahmudur Rahman J.- The plaintiff filed Admiralty Suit No. 2 (Ctg) of 1988 for compensation in the Admiralty Jurisdiction of the High Court Division of the Supreme Court of Ba......dant No. 1 Vessel M.V. CORINA wherein it stated that although it has received the cargo in full but as the guarantee was going to be encashed the plaintiff would suffer loss of the entire amount of money although it has no obligation to contribute as the salvage expenses are to be borne by the shi..Category: Admiralty Law or Maritime Law | Date: | Hits: 175
Moslemuddin Dhali & others Vs. Helaluddin Dhali & others, 1988, 17 CLC (HCD)
....ot say that this view of the learned Additional Sessions Judge is so perverse that his order should be interfered with. Of course, we do not concur with the learned Additional Sessions Judge that the claim of the 1st party-petitioners regarding the title to the case land has been proved wrong by the......e Code of Criminal Procedure should not be quashed or such other or further order or orders as to this Court may seem fit and proper. 2. The petitioners as 1st Party made a petition of complaint before the Chief Metropolitan Magistrate, Dhaka on 25.3.87 for drawing up the aforesaid proceeding u......abuse of the process of any Court and no case of securing the ends of justice have been made out. In the result, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (1989) 120. ..Category: Criminal Law | Date: | Hits: 32
....titioner for him to apply for leave before the Appellate Division the order of this court is stayed for a period of 2 (two) months from date.
Ed.
This Case is also Reported in: 41 DLR (1989) 103.......d by the learned Munsif, 1st Court, Dhaka in Title Suit No. 586 of 1983.
2. Facts in short are that the opposite party, Md. Maftabuddin Chowdhury instituted a suit being Title Suit No. 586 of 1983 for ejectment of a tenant alleging, inter alia, that the defendant, namely, Messrs National Tubercul......the month next following that for which the rent is payable. Section 19 of the Premises Rent Control Ordinance provides that when a landlord refuses to accept any such rent remitted by the postal money order by a tenant the tenant may deposit such rent within a fortnight of the date of which the..
Category: Property Law | Date: | Hits: 28
Md. Mokbul Hossain Vs. Md. Umar Ali and others, 2009, 38 CLC (HCD)
....adducing cogent and reliable evidence the learned single Judge ought to have held that the application for pre-emption is barred by limitation.” In the present case the preemptor opposite party has claimed to have knowledge of the transfer of the case land to the pre-emptor petitioner after six an......der or further order or orders as to this court may seem fit and proper. 2. The pre-emptor instituted the preemption Misc. Case No.11 of 2006 in the court of Assistant Judge Bhuringamari, Kurigram for preemption of the schedule property made in the preemption case. 3. The case of the pre-empt...... absolute without any order as to costs. The judgment and order of the courts below are set aside. Consequently, the preemption application is disallowed. The pre-emptor is at liberty to withdraw the money suit, so, deposited along with the compensation. Send down the lower courts record immedia..Category: Property Law | Date: | Hits: 36
Ramjan Ali Sowdagar and Ashraf Ali Khan Waqf Estate Vs. Most. Ayesha Khatoon, 2010, 39 CLC (AD)
....y and said defendant No.7 fraudulently created a kabala in favour of the defendant No.1 of the suit showing to have been executed by the plaintiff and on the basis of said kabala the defendant No.1 claimed title to the suit land. Hence the plaintiff filed the suit. 3. The defendant No.1 (predec...... Abdul Wadud Bhuiyan, Senior Advocate, instructed by Gias Uddin Ahmed, Advocate-on-Record-For Respondent Nos. 1-9 & 15-16. Not represented-Respondent Nos.10-14 & 17-21. Civil Petition for Leave to Appeal No. 1069 of 2009. (From the judgment and order dated 25.01.2009 passed by the......und by the High Court Division. In the premises, we do not find any merit in this petition. The petition is accordingly dismissed. End. This Case is also Reported in: VII ADC (2010) 926. ..Category: Trust/Waqf Law | Date: | Hits: 194
Md. Nurun Nobi Vs. Khondaker Moklesur Rahman and others, 2010, 39 CLC (AD)
....tiff thereafter requested the defendant Nos. 1 and 2 to vacate the suit land, who refused to do so. Hence the suit. 3. The defendant No.1 contested the suit by filing written statement denying the claim of the plaintiff and asserting that Abdul Aziz Khan owned and possessed 9.75 decimals of land ......Petitioner. Mahmudul Islam, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No. 1 (as substituted). Not represented-Respondent Nos. 2-3. Civil Petition for Leave to Appeal No. 2489 of 2009. (From the judgment and decree dated 04.11.2009 passed by th......ition to interfere with the impugned judgment and order passed by the High Court Division. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 917...Category: Property Law | Date: | Hits: 31
Shah Alam (Md.) Vs. Abdul Hashem Bepari and others, 2000, 29 CLC (HCD)
....intiff shall be at liberty to get the decree executed through the Court in accordance with law. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 550.......Bhola in Title Appeal No. 86 of 1990 reversing the judgment and decree dated 30-6-90 passed by the Subordinate Judge, Bhola in Title Suit No. 78 of 1986 decreeing the suit. 2. Short facts relevant for the purpose of the case are that the petitioner as plaintiff instituted a suit for specific perf......r alia, that the defendant entered into an agreement with him for sale of the suit property at a consideration of Taka 60,000 out of which the defendant received on 30-11-83 Taka 50,000.00 as earnest money and duly executed a bainapatra in his favour. In part performance of the contract defendant No..Category: Civil Law | Date: | Hits: 81
Al-Haj Mohibur Rahman Vs. Most. Rahana Khatun @ Suvodra Rani Sarkar, 2010, 39 CLC (AD)
....ng the title and possession of the parties in the land and house. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 878.........Respondent Judgment February 7, 2010. Lawyers Involved: Firoz Shah, Advocate-on-Record-For the Petitioner. Md. Aftab Hossain, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 1361 of 2009. (From the judgment and order dated 02.12.2008 passed by the......wo sons were born in the wedlock. Before marriage the defendant had two wives and six sons and four daughters, the defendant is an ambitious person. The plaintiff bought a house and land with her own money. On 13.07.2006 the defendant tried to kill the plaintiff and as such the plaintiff divorced th..Category: Family Law | Date: | Hits: 200
Md. Liaquat Ali Khan and another Vs. Md. Nazimuddin and another, 2010, 39 CLC (AD)
....ndings. Learned Counsel further contended that the Court of appeal below having held that exts.3(a) and 3(g) did not attract the suit land, there is no legal evidence to substantiate the plaintiffs claim of acquisition of title in the suit land and that the plaintiffs having failed to prove their ......Abdus Salam Khan, Senior Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record-For Respondent Nos. 1-2, 4-6 & 8. Not represented- the Respondent Nos. 3, 7, 9 & 10. Civil Petition for Leave to Appeal No. 2320 of 2009. (From the judgment and order dated 25.6.2009 passed by the ......have arrived at a correct decision. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 871...Category: Property Law | Date: | Hits: 30
....quirements imposed upon the said Messers. Fair Fuel and CNG Station which was not compiled with by failing to make proposed CNG Filling Station within 9 months and hence the respondent No.1 could not claim transfer of a lapsed approval.
In view of the above, the submissions of the learned Advoc......un, Advocate-on-Record-For the Petitioners.
M. Faruque, Advocate instructed by Mr. Md. Nawab Ali, Advocate-on-Record-For Respondent No.1.
Not represented- Respondent Nos. 2-4.
Civil Petition for Leave to Appeal No. 155 of 2010.
(From the judgment and order dated the 20th day of October, ......reparation of paper books is dispensed with as prayed for.
The order of stay granted earlier is extended till disposal of the appeal.
Ed.
This Case is also Reported in: VII ADC (2010) 857.
..
Category: Others | Date: | Hits: 82
....ivision in our Constitution from amongst the Judges of the High Court Division on temporary basis if there is shortage in the quorum. An acting Judge in India and an ad-hoc Judge in Bangladesh cannot claim as of right for appointment on permanent basis after being appointed as such. In Article 127 o......res and unconstitutional.
2. Originally, Rule in Writ Petition No. 1543 of 2003 was obtained by Mr. Md. Idrisur Rahman, an Advocate of the Supreme Court, in Writ Petition No. 2975 of 2003 by three former Additional Judge, who were not confirmed and in Writ Petition No. 3217 of 2003 by Mr. Farhad ......tment of such Additional Judges is that the Constitution cannot be conceived to allow the executive to get rid of such suitable and capable Judges from the Supreme Court after the expenditure of huge money from the public exchequer to make them suitable and capable for performing most difficult job ..
Category: Constitutional Law | Date: | Hits: 252
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