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Ali Sikder (Md.) Vs. Government of Bangladesh & Others, 2002, 31 CLC (HCD)
....a substantial question of law as to the interpretation of Constitution. His prayer for certificate is refused as we do find the case to be so. Ed. This Case is also Reported in: 54 DLR (2002)453.......999 (Annexure G to the petition) shall not be declared to have been made without any lawful authority and why the respondents shall not be directed to deliver the possession of 3 godowns belonging to former APC (Rally) Oil Mill located at Strand Road Chittagong under control and supervision of respo......dated 24-3-1992 and a lease deed was executed on 25-3-1992 for a period of 1 year commencing from 1-4-1992 till 30th of March, 1993 in respect of the aforesaid 3 godowns and he paid half of the lease money and possession of one of the godowns was immediately handed over to the petitioner. 4. The ..Category: Property Law | Date: | Hits: 22
...., WASA, Titas Gas, DESA and been paying all taxes, rates and bills. The Railways Authority sought to acquire land and the Government under LA Case Nos. 15 and 16 of 1960 acquired land. The petitioner claims that the Railway Division claim, if any, is outside the ambit of their claim in that their no......aim in that their notices at all relate to the land of Sadrul Hasan which does not devolve the land purchased by the petitioner and her husband. The respondent No. 1 served a notice dated 25-10-1999 for eviction in eviction Case No. 5 upon the petitioner on 26-10-1999 issued in the name of the peti......dated 25-10-1999 Annexure A to the Writ Petition is hereby declared to have been made without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 54 DLR (2002) 448...
Category: Property Law | Date: | Hits: 22
Moniruzzaman (Md.) Vs. ANM Didar-e-Alam and others, 2002, 31 CLC (HCD)
....ainant which was dishonoured and thereafter complainant took legal steps and informed the accused petitioner, the drawer of the cheque about such dishonour but he did not take any step to satisfy the claim or deposited sufficient fund in his account to encash the cheque. Here cheque was issued by an......hort period but he failed to clear up the dues and lastly, he issued a cheque of Taka 50,000 only on 15-6-2000 drawn on Sonali Bank, Kallyanpur, Dhaka. The complainant produced the cheque in the Bank for encashment but it was dishonoured due to insufficiency of fund in his relevant account. Thereaft...... for trial of an offence hardly applies when the offences are distinct under the two laws.” 9. It has been further held in the aforesaid case that even the civil suit is filed for realisation of money the same will not stop prosecution which is as follows: Institution of money suit for recovery..Category: Criminal Law | Date: | Hits: 29
Tajul Islam Vs. Gobinda Prashad Das and others, 2000, 29 CLC (HCD)
....harged. In the result, the Rules are discharged. The order of stay granted earlier at the time of issuance of the Rules are hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002)436.......64): AIR 1969 Supreme Court 17(V56C—7); Abdul Gani vs. State 24 DLR 230(162); Hussain Mohammad Ershad vs. State, 45 DLR (AD) 48. Lawyers Involved: Md. Mahbub Ali with Reba Kaniz, Advocates— for the Petitioner (In Criminal Miscellaneous Case No. 6544 of 2000) Abdus Salam Mamun, Advocate ......yment no information will be supplied. When he protested this act on the part of the accused No.1 Tarani Mohan Ghosh, the accused No. 3 Abu Zafar directed the accused No. 2 Tajul Islam to snatch away money from him and after getting such direction of accused No. 3, the accused No. 2 snatched away mo..Category: Criminal Law | Date: | Hits: 62
.... and orders and cancellation of the registration of the petitioner union.
Accordingly the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002)430.......shall not be declared illegal, without lawful authority and to be of legal effect and also to show cause as to why registration of petitioner’s Union shall not be restored.
2. The facts relevant for disposal of the rule are that the petitioner union got its registration as Trade Union having re......G’ to the writ petition which is published by the Respondent No.4 Commission entitled as guide to scientific technical services offered to outside organisations, has been doing business and earning money as evidenced by Annexure-H(2) to the writ petition; and that such income is being disturbed al..
Category: Labour and Industrial Law | Date: | Hits: 158
Osi Meah Sowdager Vs. Tulsidham Akherar Madan Mahan Narasingha and others, 2002, 31 CLC (HCD)
....ractically no knowledge about the suit land. Admittedly, the suit land is situated in the heart of the city of Chittagong but not a neighbouring person has been examined by the defendant to prove his claim that Joga Maya and Gita Rani had actual physical possession in the suit land for twelve years,...... 1979, whereby Other Suit Nos. 49 of 76 and 130 of 76 were decreed and Other Suit No. 87 of 79 was dismissed on contest. 2. No one appears to support the Rules. 3. These Rules have been pending for disposal for over 16 years and all further proceedings of the relevant execution cases have rema...... dated 27-1-1970 and contracted to sell the remaining portion of the suit land to him by agreement dated 30-1-1970, at a consideration of Taka 22,000,00 out of which Taka 8,000,00 was paid as earnest money at the time of the contract. It has been alleged that subsequently he paid a further sum of Ta..Category: Civil Law | Date: | Hits: 69
Makbul Ahmed and others Vs. Mohammedullah and others, 2000, 29 CLC (HCD)
....f 1983. 15. Having regard to the facts and circumstances of the case there will be no order as to costs. Send down the record at once. Ed. This Case is also Reported in: 54 DLR (2002) 399.......Miscellaneous Case No. 324/80 recording the order of the High Court Division dated 7-12-83. 2. The opposite parties as plaintiffs instituted Title Suit No. 545/76 in the Court of Subordinate Judge for declaration of title, which was decreed ex parte on 29-9-80 and the present petitioner on 11-11-......e petitioners were not informed about the arrival of the record of the case from the High Court Division and by filing another applications the petitioner prayed that he may be allowed to deposit the money by chalan according to the order made by the High Court Division in First Miscellaneous Appeal..Category: Procedural Law | Date: | Hits: 62
Abdul Mannan Miah Vs. Md. Salaiman Miah, 2000, 29 CLC (HCD)
....X rule 1 CPC praying for an order of temporary injunction to the above effect. Then show cause notice was also issued on 1-9-99. 4. As it appears from the records the plaintiff in support of their claim filed Trade Mark Registration No. 31239 dated 28-8-90, Patent and Design Registration Certific......ondent under Order XXXIX rules 1 and 2 CPC and also rejecting the application of the defendant filed under Order VII rule 11 CPC. 2. The plaintiff, the proprietor of Zakir Soap Factory, filed the aforesaid Title Suit No. 3 of 1999 praying for an order of permanent injunction restraining the defen......ned trial Court is directed to dispose of the suit expeditiously preferably within three (3) months from the date or receipt of this judgment. Ed. This Case is also Reported in: 54 DLR (2002)394...Category: Intellectual Property Law | Date: | Hits: 200
Managing Director, Bangladesh Krishi Bank Vs. Gopal Chandra Nath and others, 2010, 39 CLC (AD)
....nal suffers from no error of law calling for interference by this Court and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 494.......ate-on-Record- For the Petitioners N. K. Saha, Advocate instructed by Md. Nurul Islam Bhuiyan, Advocate-on-Record- For Respondent No.1. Not represented-Respondent Nos. 2-7. Civil Petition for Leave to Appeal No. 2055 of 2009. (From the judgment and order dated 09.07.2009 passed by the...... in Jhawdia Branch of Bangladesh Krishi Bank at Kusthia, the regional Audit Officer issued a notice upon him on the allegation of inefficiency, negligence, corruption and also for misappropriation of money. The respondent submitted a written reply of the said show cause notice on 30.04.2000 denying ..Category: Administrative Law | Date: | Hits: 258
Zahid Hossain @ Paltu and others Vs. State, 2002, 31 CLC (HCD)
....other (Md. Selim) under sections 302/34 of the Penal Code and under section 396 Penal Code against the appellants and was read over to them excluding Paltu (Zahid Hossain), who pleaded not guilty and claimed to be tried. Zahid Hossain alias Paltu was charged in his absence. 6. After closing of th......ions Judge, First Court in-charge, Bakerganj in Sessions Case No. 120 of 1982 convicting all the five appellants under section 396 of the Penal Code and sentencing each of them to suffer imprisonment for life. Both the appeals are disposed of by this judgment. 2. Accused-appellant No. 1 Zahid Hos......ju and others returned back to eastern side after keeping the paddy in the custody of Fazlu. Manju damaged bottom of the boat by removing plank and pushed the boat into the river Paltu told them that money will be distributed on receipt of the sale-proceeds and warned them for not to disclose the ma..Category: Criminal Law | Date: | Hits: 35
Uttara Bank Ltd. Vs. Ali and Co. and another, 2000, 29 CLC (HCD)
.... prayed for? 8. The plaintiff bank filed sanction letter, DP note, letter of continuity and statement of accounts to prove their case. It is also on record that the defendants did not dispute the claim of the plaintiff bank but they had pleaded a set‑off against the claim of the plaintiff bank......respondent No. 1 is a firm of which defendant-respondent No. 2 is its proprietor. The defendants had a current account with the plaintiff-bank and during the course of business the defendants applied for a loan of Taka 2 lac. The plaintiff-bank bad sanctioned overdraft limit of Taka 1,50,000. The de......carrying on business. The defendants in order to secure the loan amount had signed the necessary charge documents and deposited the same with the plaintiff-bank. The defendants did not repay the loan money despite the plaintiff bank repeatedly requested the defendants to repay the same. The defendan..Category: Civil Law | Date: | Hits: 101
Zakir Hossain Munshi Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....o be refunded to the petitioner forthwith. In the result, the Rule is made absolute in the foregoing terms without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 130. ......ir Hossain Munshi......................Petitioner Vs. Government of the People's Republic of Bangladesh…………………Respondent Judgment July 16, 2002. Cases Referred To- Conforce Ltd Vs. Titas Gas Transmission and Distribution Co. Ltd and another, 42 DLR 33; Shahabuddin (M...... realisation of royalty and licence fees every year as unlawful and without jurisdiction. By the same rule the respondents were called upon to show cause why they should not be directed to refund the money realised from the petitioner every year in the name of royalty and licence fees from him earli..Category: Information Technology Law | Date: | Hits: 217
Hajee Abul Hossain and others Vs. Md. Amjad Hossain and others, 2010, 39 CLC (AD)
....n transferred the said lands in favour of the plaintiffs-appellants by deed dated 10th April of 1981. The appellants also purchased .02 acres of land from the respondent No. 3 and in this manner they claimed title in the suit lands. It is claimed that though the respondent No. 3 transferred .01 acre......th February, 1989 of the Subordinate Judge, Second Court, Dhaka in Title Suit No.77 of 1986. Appellants instituted the above suit seeking declaration of title in respect of .09 acres of land and also for declaring a deed dated 10th January, 1987 executed by the respondent No. 2 in favour of the resp......le in the suit lands. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 436, 15 MLR (AD) (2010) 485, 8 LG (AD) (2011) 10...Category: Property Law | Date: | Hits: 36
Janata Insurance Company Ltd. Vs. M/s. Islam Steel Mills Limited and another, 2010, 39 CLC (AD)
....d Hanlay Associate Limited, Chittagong as surveyors for ascertaining the loss. Both the surveyors submitted report assessing the loss sustained by the plaintiffs. Thereupon, the plaintiffs laid their claim of moneys covered by the insurance policies but the defendant ignored their claim. 4. The d...... of 2002 is M/s. Islam Steel Mills Limited, and the respondent No.1 in the other two appeals is M/s. Karnaphuli Cotton Mills Limited (plaintiffs), who instituted Money Suit Nos. 44, 45 and 46 of 1994 for recovery of Tk. 28,03,624.45, Tk. 30,10,503, 74 and Tk. 68,27,299.42 respectively with the inter......Associate Limited, Chittagong as surveyors for ascertaining the loss. Both the surveyors submitted report assessing the loss sustained by the plaintiffs. Thereupon, the plaintiffs laid their claim of moneys covered by the insurance policies but the defendant ignored their claim. 4. The defendant ..Category: Business or Commercial Law | Date: | Hits: 212
Azim vs. Naim Ara Begum, 2003, 32 CLC (HCD)
.... dischareged without any order as to costs. The stay order passed in connection with the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 158. ......he judgment and decree dated 25-6‑1997 passed by the learned Judge of the Small Causes Court and Subordinate Judge, 3rd Court, Dhaka in SCC Suit No. 3 of 1995. 2. The relevant facts, necessary for disposal of the Rule, are that the opposite party No.1 instituted the above noted SCC Suit again......(defendant), submits that the defendant took possession in the vacant land as monthly tenant under an agreement with the plaintiff, and thereafter he made a pucca construction spending huge amount of money with the consent of the plaintiff and that the defendant tenant has been running a factory i..Category: Property Law | Date: | Hits: 28
Abdur Rashid Mia (Md) Vs. Md. Hasem Ali Mia & others, 2003, 32 CLC (HCD)
....assed by learned Assistant Judge, Basail, Tangail, in Miscellaneous Case No. 6 of 1996 is hereby restored. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 155. ......d order dated 26‑10‑1997 passed by the learned Assistant Judge, Basail, Tangail, in Miscellaneous Case No. 6 of 1996. 2. The petitioner as pre‑emptor filed Miscellaneous Case No. 6 of 1996 before the Court of learned Assistant Judge, Basail, Tangail to preempt the case land. 3. The pre......a he has purchased 27 decimals of land on 21‑10‑1993. He further submits that before his purchase, the transferor requested the pre‑emptor to purchase the land but he refused. The consideration money was paid to the transferor through Md. Fazlur Rahnian, the local Union Parishad Chairman. The ..Category: Property Law | Date: | Hits: 39
Nurujjaman and others (Md) Vs. Md. Sajjad Ali and others, 2002, 31 CLC (HCD)
....ther proceedings of the latter suit mainly on the ground that the subject matter in both the suits is the same as the land in dispute is the same, original owner in possession from whom the plaintiff claimed title is the same, Hamida Waqf Estate and the matter in issue in the earlier suit is directl......46 dated 14‑3‑2001 passed by the learned Subordinate Judge, Second Court at Sylhet in Title Suit No. 118 of 1999 which rejected an application made under section 10 of the Code. 2. Short facts for disposal of the Rule are, that the petitioners as plaintiff instituted Title Suit No. 67 of 1992...... Subordinate Judge is directed to hear and dispose of both the suits together, expeditiously, in accordance with law. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 149...Category: Procedural Law | Date: | Hits: 65
Abul Kashem and others Vs. State, 2003, 32 CLC (HCD)
....thwith. Convict appellant Anwar Hossain Pintu alias Anwar Hossain may therefore; be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 132.......DLR (AD) 117. Lawyers Involved: Golam Kibria, Deputy Attorney-General with Snigdha Huq, Assistant Attorney-General in support of the Reference. Dr. Abul Bashar, Advocate-State defence lawyer for the condemned prisoner. AKM Fakhrul Islam-For the appellant in Criminal Appeal. Death Ref......ed to the south of the school. This witness has also stated in cross-examination that last year a dacoity was committed by the side of the school near the bridge and in that dacoity dacoits took away money from Momin Doctor and Morshed after beating them. 2/3 days prior to the present occurrence a d..Category: Criminal Law | Date: | Hits: 39
State Vs. Mir Hossain alias Mira and others, 2003, 32 CLC (HCD)
....But Judgment of Conviction for the offence of sections 302/34 of the Penal Code is maintained. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 56 DLR (2004) 124.......ht eye, neck and right thumb was found on a land by side of east bank of Sarwatali canal under Ashashida Mouza within Police Station Senbag. 2. Autopsy on dead body of deceased Rokeya Begum was performed by Dr ABM Abdul Motaleb (PW 11). PW I I found following injuries. 1. One lacerated injury ......with napkin the neck of Rokeya Begum. 30. Convict-appellant Khodeja Begum in her confessional statement stated that Alamgir is her cousin. She gave Alamgir Taka 5,000 but latter did not refund the money. Alamgir offered proposal that since there was no peace in her family life he would kill Rokey..Category: Criminal Law | Date: | Hits: 31
Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....ct in accordance with law and issue an apparatus licence to the petitioner so that it can start operating immediately. 5. Writ Petition No. 4608 of 2003 has been filed by one Mr. Nasir A Chowdhury claiming himself to be the chairman of ETV Ltd. In this writ petition Rule was issued in the followi......a sensational legal battle in Writ Petition being No. 5050 of 2001 filed in the manner of a Public Interest Litigation challenging the licensing agreement dated 9‑3‑1999 between the Ministry of Information and Mr. AS Mahmud, former Chairman of ETV Limited. A Division Bench of the High Court Divi......uld be delivered. The minority shareholders, and in particular Mr. Nasir A Chowdhury, who has belatedly come forward after doing nothing for even six months to keep ETV Limited afloat or injected any money for its operations nor even to attend or call any Board meeting, cannot, in law, create or be ..Category: Information Technology Law | Date: | Hits: 230
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