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Hajee Abul Hossain and others Vs. Md. Amjad Hossain and others, 2010, 39 CLC (AD)
....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.......itted the said records of mutation as evidence but refrained from considering the same without formal proof thereof. The question before the Supreme Court was whether the trial Court was justified in holding so. H. Rahman J. speaking for the Supreme Court answered the point as under: "The Code of..Category: Property Law | Date: | Hits: 36
Md. Mominul Islam Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (AD)
....aid facts and circumstances of the case, we do not find any merit in the leave petition. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 474.......ry report, with the proposed punishment, to which the petitioner replied denying the allegations and the proposed punishment mentioned in the show cause notice and pointed out the illegalities in the holding of the inquiry but the authority was not satisfied with the reply to the second show cause n..Category: Administrative Law | Date: | Hits: 192
Azim vs. Naim Ara Begum, 2003, 32 CLC (HCD)
....he premises of the plaintiff, which is situated within the Dhaka Metropolitan City. So, the contention of the petitioner’s learned Advocate to the effect than once the defendant was inducted in the disputed land with permission to raise construction, he is no more liable to be evicted therefrom, i......se no value lease was made reserving yearly rent without a registered instrument as contemplated under section 107 of the Transfer of Property Act, as such, the unregistered agreement relating to the holding possession at the sweet will of the owner the parties of that suit were relegated to the pos..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. ......The opposite party No. 1, the pre-emptee purchaser, appeared and filed written objection stating that the pre‑emptor petitioner is not the co‑sharer of the jote and the land belongs to a separate holding. Genealogy of CS Khatian is wrong and the case is not maintainable and that the preemptor di..Category: Property Law | Date: | Hits: 39
Abdul Motaleb & others Vs. Aftab Miah and another, 2002, 31 CLC (HCD)
.... appellants, as there was no occasion to do so in the absence of any TM 55. Therefore, we find no substance in the appeal which must fail. Ed. This Case is also Reported in: 56 DLR (2004) 145.......ing of the same before the Registrar that will do and thus there is full compliance with the provision of Rule 33(1) of the Rules. Therefore, the Registrar acted illegally and without jurisdiction in holding that there is no evidence in Support of the opposition and treating of the opposition case a..Category: Intellectual Property Law | Date: | Hits: 181
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.......required corroboration has been furnished by the evidence of PWs4, 7 and 8 and, as such, the learned Sessions Judge rightly based its order of conviction on the evidence of PWs2 and 3. With regard to holding of in absentia trial in alleged violation of section 339B of the Code of Criminal Procedure,..Category: Criminal Law | Date: | Hits: 39
Serajul Islam Bhuiyan (Md) Vs. Bangladesh Water Development Board & others, 2003, 32 CLC (HCD)
.... Rule Nisi was contested by respondent Nos. 1‑5 and respondent No. 6, by filing two separate Affidavits-in-Opposition. 5. The case of the respondent Nos. 1‑5 is that, the petitioner has raised disputed questions of fact and, as such, the petition is not maintainable, and that at the time of p......grachari to Rangamati Operation and Maintenance Division is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 120...Category: Employment/Service Law | Date: | Hits: 77
Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....intainability of the Writ Petitions filed by the petitioner company through Mr. Abdus Salam, we like to dispose of this question first. It does not require any new exercise for the proposition that a disputed question of fact and the conflicting rights of two private individuals cannot be decided in...... Mahdud who submitted his resignation as Chairman of the Board. Mr Abdus Salam by virtue of being the single largest shareholder of the Company and with the support of 75% of the Company's total shareholding was elected as the new Chairman and Chief Executive Officer of the petitioner company. In th..Category: Information Technology Law | Date: | Hits: 230
Akhteruzzaman Chowdhury Vs. Hamidul Huq, MD, UCBL and another, 2003, 32 CLC (HCD)
....ne amounting to Taka 2000 to be paid within one month from date, in default, each of them to suffer simple imprisonment for 15 (fifteen) days. Ed. This Case is also Reported in: 56 DLR (2004) 73.......spectively of the said Bank. It appears that on 18-1‑2000 one Jahangir Alam Khan, a shareholder and a Director of the Bank, filed an application under section 81(2) of the Companies Act, 1994 for holding of Annual General Meeting (hereinafter called "the AGM") for the years 1998 and 1999, being ..Category: Banking Law | Date: | Hits: 158
Jalal Uddin and others Vs. State, 2003, 32 CLC (HCD)
....admitted that he heard during investigation that the deceased returned back to his house from hospital prior to his death after being cured. This is all about the evidence on record. 16. It is not disputed that the deceased Babul is no more in the world, but the manner/cause of death of the decea...... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 69...Category: Criminal Law | Date: | Hits: 28
Dulal Mia (Md) Vs. State, 2003, 32 CLC (HCD)
.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 65.......ath of the deceased on falling into pond at the time of bath. Thus, the suo moto first information report was lodged by police officer on receipt of report of the post‑mortem examination as well as holding investigation in UD case bearing No.16 of 1992 so lodged by brother of the deceased over whi..Category: Criminal Law | Date: | Hits: 88
Standard Bank Ltd. Vs. Tripos Engineering & Trading Company (GD) and others, 2003, 32 CLC (HCD)
....e facts and circumstances of the case, the issuing Bank, Standard Bank, is entitled to withhold payment under the letters of credit in question to negotiating bank, Premier Bank. 29. Facts are not disputed. In both the suits, as transferees of the master letters of credit, the Modern Textiles Mil......s are found to be in order and the terms and conditions of such letter of credit satisfied. Customer cannot instruct the bank not to pay and the bank cannot act upon such instruction, if any, for withholding the payment. Any dispute between the buyer and seller has to be settled between them in acco..Category: Civil Law | Date: | Hits: 100
Uttara Bank Limited Vs. Syed Abidur Reza and others, 2009, 38 CLC (AD)
....in the aforesaid decision and no further discussion is called for and accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 470.......ndant petitioner do not appear to have any bearing on the fundamental point which survives for determination in the suit". 8. It was further submitted that the High Court Division fell in error in holding that the impugned termination order issued on 19.09.1981 under Rule 18(b) of the Bank's Staf..Category: Employment/Service Law | Date: | Hits: 95
Quazi Faruque Ahmed Vs. M. A. Wadud and others, 2010, 39 CLC (AD)
....f the High Court Division shall remain in force till disposal of the suit. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 467.......ution of the suit, the petitioner filed an application for temporary injunction under Order 39 Rules 1 and 2 of Code of Civil Procedure restraining the respondents from disturbing him in his peaceful holding in the office of the Chairman and also from drawing money from the account of PROSHIKA till ..Category: Civil Law | Date: | Hits: 75
Shah Newaz (Md.) and others Vs. Shah Wali and another, 2001, 30 CLC (HCD)
....end down the original case records at once with a copy of this judgment to the learned District Judge, Dhaka for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)375.......error in the decision occasioning failure of justice; that both the Courts below failed to weigh the nature and character of the suit in the facts and circumstances of the case and committed error in holding that the jurisdiction of the Civil Court was ousted for mere presence of alternative machine..Category: Trust/Waqf Law | Date: | Hits: 187
Ali Hossain (Md) and Other Vs. State, 2000, 29 CLC (HCD)
....pector of the Bureau of Anti-Corruption investigated the case seized alamats from the bank, examined witnesses, recorded their statements under section 101 of the Code of Criminal Procedure, sent the disputed account opening form, the standard signatures of Haji Asgar Miah, the signatures of accused...... as practicable and must ensure are that it does not go by lapse, inaction or inertia. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 282. ..Category: Criminal Law | Date: | Hits: 40
Moinuddin Ahmed alias Farook Vs. Khursheda Begum and others, 2001, 30 CLC (HCD)
....e in respect of one-third portion of schedule “Ka” property. The order of status quo earlier passed by this court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 354. ...... to anybody and accordingly, the plaintiff did not acquire any legal character in the suit property. The learned Subordinate Judge who heard the appeal however allowed the appeal and decreed the suit holding that the deed ochhiatnama is valid and the plaintiff acquired title in the suit property by ..Category: Property Law | Date: | Hits: 32
Abdul Mannan (Md) Vs. Swaraj Roy and others, 2001, 30 CLC (HCD)
....is affirmed. No order as to costs. The order of stay granted at the time of issue of the Rule is hereby re-called and vacated, Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 352. ......e case of Bajrang Lal Agarwala, ATM Afzal J, as his Lordship then was, sitting in a Division Bench delivered a judgment in a suit for specific performance of contract on consideration of authorities, holding- “There is no doubt that generally in suits for specific performance only the parties t..Category: Property Law | Date: | Hits: 31
Amir Hossain Bhuiya (Md) Vs. Harisul Haq Bhuiya and others, 1999, 28 CLC (HCD)
....f receipt of the lower court records. Stay granted earlier by this Court is in vacated. Send down the lower Court records at once Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 267.......nafter referred to as the factory) of which opposite party Nos.1, 3, 4 and 5 are members with opposite party No. 2 as Chairman of the Election Upa-parishad Factory Employees Union, for the purpose of holding election of the Office-bearers of the Factory Employees Union for 1997-1998, issued a notifi..Category: Labour and Industrial Law | Date: | Hits: 99
Mirza Abdul Bari Beg and Others Vs. Zahidannessa and others, 2001, 30 CLC (HCD)
....e case of Shah Abdul Hamid affirmed the decree of the executing Court for possession by removal of the huts is based on correct interpretation of the law. 15. Now, in the case before me, it is not disputed that the lot in occupation of the judgment- debtors was allotted to the decree-holder by ex......d. The executing Court is directed to proceed with the execution by issuing again the writ for delivery of possession to the decree-holders. Ed. This Case is also Reported in: 54 DLR (2002)344. ..Category: Property Law | Date: | Hits: 29
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