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Bashir Ahmed and others Vs. Ayub Ali Mollah, 1998, 27 CLC (HCD)
....ause-H cannot stand in the way of taking legal action against the defendant in accordance with law. 7. Mr. M Rezaul Karim, learned Advocate appearing for the defendant-opposite party, on the other hand, submits that from Exhibit Uma-Rent receipts it shows that the rent of April, 1991 was paid in ......tion, the suit was not maintainable. Further submits that in view of clause ‘H’ in the agreement that the landlord would not take possession of the suit premises unless the tenant willingly hands over the possession, the decree sought for by the plaintiff for ejectment of the defendant, cannot b......ting the defendant tenant if he does not vacate the suit premises within 60 (sixty) days. Send down the lower Court record at once. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 55. ..Category: Tenancy Law | Date: | Hits: 148
Jebun Nessa Zaman and Others Vs. Hosne Ara Lili, 2001, 30 CLC (HCD)
....The plaintiff was running her business under the name and style “The Tangail Porabari Sweets” but it was not being seen since 01-08-95. In its place appeared signboard, “Adi Bikrampur Mistanya Bhandar” and defendant No.2 was found doing business in the premises. Defendant No.1 then learnt fr......stant Judge, 5th Court at Dhaka in Title Suit No.127 of 1997 decreeing the suit for possession. 2. Opposite party as plaintiff instituted the suit under section 9 of the Specific Relief Act for recovery of possession of the suit shop. Plaint case, in short, is that the plaintiff took monthly leas......uit is dismissed. The order of stay granted at the time of issue of the Rule is recalled. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 394. ..Category: Civil Law | Date: | Hits: 82
BLAST Vs. Government of the People’s Republic of Bangladesh and others, 2007, 36 CLC (HCD)
....nd North South Property Development Limited (NSPDL) but the said scheme/project was subsequently stopped. One land grabber is trying to grab this land. They have already hanged a notice board titled Chandpur Shomity (Abul Kashem and others) and they are threatening the people to vacate the said Bast......urt Division (Special Original Jurisdiction) Present: ABM Khairul Haque J Syed Md. Ziaul Karim J Bangladesh Legal Aid and Services Trust and others…….…….Petitioners Vs. Government of the People’s Republic of Bangladesh and others………..Respondents Judgment ...... With the above observations the Rule is disposed of without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (2008) 384, 8 LG (2011) HCD 325...Category: Constitutional Law | Date: | Hits: 171
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two
.... the national dailies which is highly respected and well regarded newspaper of the country and like Ittefaq played a pivotal role in the liberation movement of the country and suffered much in the hands of the autocratic rulers of the Pakistan time. The literate section of the population is the......w we find that the apology tendered by Ershad is no apology in the eye of law. We find that the affidavit-in-opposition filed by the contemner is inadequate in its expression of regret and remorse over the incident. In particular, we find that there is no open acknowledgment of guilt, no proper ......ffice is directed to send a copy of this judgment to the Secretary, Law Commission, Dhaka, for perusal and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 359. Part One ..Category: Criminal Law | Date: | Hits: 130
Mohshinul Islam Vs. Rajdhani Unnayan Kartripakkha and others, 1999, 28 CLC (HCD)
.... part of the vacant space into plots in violation of the promise made to the allottees at the time of allotment made to them in the sector including to petitioner of the respective Rule. On the other hand, learned Advocate for the respondents relying upon the provisions of section 40(b) and (h) of t......e lease deeds there is mentioned of land earmarked for school, dispensary, Hospital, Mosque, Temple etc. Learned Advocate for the petitioner contended that park, play ground and community center are covered by the words “etc in use 21 of the lease deeds. 7. There is no dispute that some vacant ......esult, both the Rules are made absolute in part without any order as to cost with the above declaration and direction. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 12. ..Category: Property Law | Date: | Hits: 55
Shah Alam Patwari (Md) Vs. Md. Siddiqur Rahman Bhuiyan and others, 2001, 30 CLC (HCD)
....accordance with the above rules nor accept any of the invalid votes as found by the Election Tribunal as valid. The decision in the case of Nur Hossain is therefore squarely applicable in the case at hand. In the case, the Appellate Division held- “In view of the allegations of improper and inc......e Election Tribunal was set aside and the case was sent back on remand to the Election Tribunal with a direction for fresh decision after recount of the votes in four centers, namely, Dewannagar Non-Government Primary School, Shahpur Government Primary School, Kemtali Government Primary School and A......f status quo granted at the time of issue of the above Rule on 24-06-2001 is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (2001) 390. ..Category: Election Law | Date: | Hits: 79
National Sports Council Vs. A Latif and Company, 2001, 30 CLC (HCD)
....1996 the work order was issued to him pursuant to the contract dated 12-02-1996 as executed by both parties. The work was stipulated to be completed within 270 days. But the employer took 9 months to hand over the site to him. On 06-03-1997 physical layout of the work was fixed up. After constructio......the work order was issued to him pursuant to the contract dated 12-02-1996 as executed by both parties. The work was stipulated to be completed within 270 days. But the employer took 9 months to hand over the site to him. On 06-03-1997 physical layout of the work was fixed up. After construction of ......rty made under section 8(2) of the Arbitration Act is rejected. Order of stay granted at the time of issue of the Rule is hereby re-called. Ed. This Case is also Reported in: 53 DLR (2001) 386. ..Category: Alternative Dispute Resolution | Date: | Hits: 186
....bservations regarding legitimate expectation in those two cases manner of application in the facts and circumstances of the case before us regarding award of a contract for of buildings. On the other hand the case of Union of India vs. Hindustan Development Corporation reported in AIR 1994 (SC) 988 ......o the Prime Minister and Ministry of Land setting out the basic layout of the project proposal on 30-9-97 (vide Annexure-A). Thereafter on 14-10-97 a meeting was held in the Ministry of Land presided over by the State Minister for land and respondent No. 1 asked the petitioner to submit a layout pla......n the above facts and circumstances we find no merit in this Rule.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 7...
Category: Civil Law | Date: | Hits: 92
Narayan Chandra Saha and another Vs. Jatindra Chandra Saha and others, 1999, 28 CLC (HCD)
....rly as possible. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 5.......ready on record. 9. On the other hand, what should be the contents of a written statement, and how, where and when it should be filed, etc, have been in detail provided in Order 8 of the Code. Moreover, a written statement is the averments of the defendant in answer to the plaint either in denial......anted by this court at the time of issue of the Rule hereby stands vacated. Let the appeal be heard and disposed of as early as possible. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 5...Category: Procedural Law | Date: | Hits: 66
Anwar Karim and others Vs. Bangladesh Bank and others, 1999, 28 CLC (HCD)
....Anwar Karim and others.............................. Petitioner Vs. Bangladesh Bank and others …………………………..Respondents Judgment June 2, 1999. Case Referred To- Chandpur Jute Suppliers vs. Subordinate Judge 2 BLC 49 (7) Lawyers Involved: Syed Ishtiaque Ahm......5-88 from the respondent No.6 IFIC Bank and the said loan was granted for a short period up to 30-9- 88 on hypothecation of goods. The amount with interest was increased to Taka 121 lakh and remained overdue even after 30-9-88 and, as such, the same was classified on 31-12-89 under borrowers code No......old annual general meeting for the years 1988 to 1997 within 6 months from the date of drawing up of the said order. Thus it appears to us that the petitioner Nos.1 and 2 could not participate in the management of the respond No.5 company due to the aforesaid litigation. We also find from materials ..Category: Banking Law | Date: | Hits: 121
Oram Limited Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka, 2000, 29 CLC (HCD)
..... Md. Bazlur Rahman learned Deputy Attorney-General appearing with Mr. Mustafa Zaman Islam, learned Assistant Attorney-General for the Commissioner of Customs Excise of VAT Dhaka (North) on the other hand, submits that in view of the provision of rule 3(3) of the VAT Rules, 1991 as amended on 15-6-1...... coil by machineries brought or imported from outside. As result of this unreasonable and unlawful decision the buyer stopped purchase from the petitioner and unemployment problem has arisen and the Government would be deprived of about 1.25 crore of Taka revenue earning per year if the petitioner......ts products. The Mosquito coils manufactured by ARS and Cock brand owners were made of different chemicals and formula than the petitioner. Due to the location of the factory, production planning and management skill of the petitioner it was capable to manufacture coils at the most cheap and competi..Category: Fiscal/Taxation Law | Date: | Hits: 91
Abdur Rahman and others Vs. Md Shamsul Huq and others, 2000, 29 CLC (HCD)
.... included in the application filed under Order 41 rule 19 of the Code Civil Procedure and it appears that the amendment will not in any way change the nature character of the proceeding. On the other hand, this amendment would enable the Court to determine the real question involved in the case. sub......ept on emergent ground. The office is directed to send a copy of the order at once to the Court of the learned District Judge, Mymensingh. Ed. This Case is also Reported in: 53 DLR (2001) 364.......ept on emergent ground. The office is directed to send a copy of the order at once to the Court of the learned District Judge, Mymensingh. Ed. This Case is also Reported in: 53 DLR (2001) 364...Category: Procedural Law | Date: | Hits: 86
Meghna Petroleum Marketing Co. Ltd. and others Vs. MF Limited and others, 2001, 30 CLC (HCD)
....No.274 of 1980 stands dismissed. The parties are directed to bear their respective costs although. Sand down the LC Record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 368.......s per the Rules nor did they submit declaration as per the Rules and thus deprived the plaintiffs from their legal dues and as such they were compelled to file the suit for accounting and also for recovery of their legal dues. 19. In view of aforesaid facts, argument and law involved we are now t......yment of octroi by the Principal defendants they were given the privilege of monthly payment facility presumably under Rule 17(4) from the time when the Check posts, were under the direct control and management of Khulna Pourashava but the learned Trial Court did not consider this aspect of the case..Category: Fiscal/Taxation Law | Date: | Hits: 91
Amal Chandra Dhupi @ Das and others Vs. Lakshan Chandra Das and others, 2010, 39 CLC (AD)
....lso Reported in: VII ADC (2010) 605.......ians along with up-to dated real receipts and series of registered deeds Exhibit D series since 1961 produced by the defendants. (III) Because the High Court Division committed error of law in not overriding the appellate court findings on the issue of title in the premises of provisions of s......s." The security of Tk. 1000/- is to be deposited within one month. The preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 605...Category: Property Law | Date: | Hits: 27
Md. Ahia Vs. Md. Azimuddin and others, 2010, 39 CLC (AD)
....0,000/- on 05.01.1995 and Tk. 40,000/- on 01.12.1997 endorsing the same on the back side of the bainapatra. Thus they received the entire amount of consideration money of Tk. 1,20,000/- and they also handed over the original deed to the plaintiff and also handed over the major portion of the suit ...... on 05.01.1995 and Tk. 40,000/- on 01.12.1997 endorsing the same on the back side of the bainapatra. Thus they received the entire amount of consideration money of Tk. 1,20,000/- and they also handed over the original deed to the plaintiff and also handed over the major portion of the suit land. T......judgment of the appellate court which was the last court of fact. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 600. ..Category: Property Law | Date: | Hits: 25
Surujit Bose (Raju) Vs. Bangladesh and others, 2010, 39 CLC (AD)
....the said Debutter property properly while the said Mamnoor Rashid was monthly tenant under the said Debutter property he transferred his land in C.S. plot Nos.94 and 95 in 1963 to one Faikuzzaman and handed over the possession. Thereafter, the said Mamnoor Rashid handed over the possession of case......d Debutter property properly while the said Mamnoor Rashid was monthly tenant under the said Debutter property he transferred his land in C.S. plot Nos.94 and 95 in 1963 to one Faikuzzaman and handed over the possession. Thereafter, the said Mamnoor Rashid handed over the possession of case land i...... Plot No.65 is a Debutter property created by Roy Bahadur Karuna Das Bose by a registered deed of Arpannama dated 01.05.1914 wherein the ancestors of the petitioner have given details regarding the management of the property in deity by Managing Shebayet. After transfer of C.S. Plot No.65 to the d..Category: Property Law | Date: | Hits: 23
State Vs. Zakaria Pintu alias Md. Zakaria Pintu and others, 2010, 39 CLC (AD)
....he Chief Judicial Magistrate, Pabna. 4. It is alleged in the petition before the High Court Division that on 28.11.2009, the police raided the houses of the respondents, as such, after obtaining a hand copy of the FIR, filed a petition under Section 498 of the Code of Criminal Procedure, before t......liefs to the litigants but let it be known also if it is not already known that such discretion must not be arbitrary but judicial discretion, based on established legal principles, handed down to us over the centuries. 13. In the instant case, the FIR disclosed direct allegations of offences of ......s dated 20.04.2010, praying for vacating the order of stay, granted earlier by this Division, stands rejected. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 420, 31 BLD (AD) (2011) 20. ..Category: Criminal Law | Date: | Hits: 68
Khandakar (Md.) Shahjahan Vs. Md. Atiar Rahman Monshi & others, 2000, 29 CLC (HCD)
.... sent immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 275.......half of petitioner are catalogued hereunder. (i) Learned District Judge cannot transfer Election Appeal to learned Subordinate Judge and learned Subordinate Judge is not contemplated in the Local Government (Union Parishad) Ordinance, 1983 and rules framed thereunder as Election Appellate Tribuna......act circumstances of the case I direct the parties to bear their respective costs. Lower Court’s record be sent immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 275...Category: Election Law | Date: | Hits: 89
Abdul Samad Gazi Vs. Abdul Khalil Gazi and others, 2000, 29 CLC (HCD)
....titioner calling upon the defendant- opposite parties, to show cause as to why the judgment and order of remand dated 13-09-1987 (Decree drawn on 01-11-1987) passed by the learned Subordinate Judge, Chandpur in Title Appeal No. 20 of 1986 setting aside the judgment and decree dated 23-12-1985 (Decre......hat the document must be signed by both the parties thereto. In the instant case, the plaint case is that on receipt of the consideration in part, the defendant No.1 executed the bainaptra and handed over to the plaintiff and he accepted it. Acceptance of the said instrument by the plaintiff complet...... Munsif is hereby affirmed. In the result, the Rule is made absolute but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 53 DLR (2001) 262...Category: Civil Law | Date: | Hits: 94
Dinesh Chandra Deb Vs. Dulal Chandra Karmakar and others, 2001, 30 CLC (HCD)
....ord immediately. Ed. This Case is also Reported in: 53 DLR (2001) 259....... Section 45 of the Evidence Act (hereinafter referred to as Act) deals with the taking of opinion of the Experts. But in order to resolve the point raised in the Rule it is necessary to have a glance over sections 45 and 73 of the Act which are as follows: “45. When the Court has to form an opi...... vacated. Let a copy of the judgment be communicated to the learned Senior Assistant Judge concerned. Send down the LC record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 259...Category: Procedural Law | Date: | Hits: 85
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