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Md. Abul Hashem alias Bachhu Vs. Abdul Latif, 2009, 38 CLC (HCD)
....urisdiction) Present: Siddiqur Rahman Miah J Md. Abul Hashem alias Bachhu……………..Petitioner Vs. Abdul Latif being dead his heirs (Ka) Rojia Khatun and others……….Opposite parties Judgment May 21, 2009. Result: The Rule is made absolut. Lawyers Involved: ...... in possession of the suit land by way of settlement from the original zamindar upon executing a registered kabuliyat dated 24.11.1943 and since then, they have been owning and possessing the same on payment of taxes; that the wrong recording of Diara khatian in name of the three sets of defendants ......rder 9 Rule 13 of the Code of Civil Procedure are set aside and the ex parte decree dated 29.12.1982 is upheld. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 441, 8LG (2011) HCD 305. ..Category: Property Law | Date: | Hits: 82
Anika Ali Vs. Rezwanul Ahsan, 2011, 40 CLC (AD)
....e to Appeal arises out of the judgment and order dated 23.02.2011 passed by the High Court Division in Civil Revision No.4310 of 2010 disposing of the Rule, with observations and a direction upon the parties to strictly follow the terms and conditions of the solenama filed in the Family Suits. ......arties and would be deposited in the account of the petitioner with HSBC Bank. The due amount of Tk.2,25,000/- for the months January, 2005 to March, 2006 would be adjusted with the current month’s payment; the minor child would visit his father on two days per week from 10:00 a.m. to 10:00 p.m. b......on. This petition is dismissed with the above observations without, however, any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 77, 17 MLR (AD) (2012) 49. ..Category: Family Law | Date: | Hits: 327
Government of Bangladesh and others Vs. Md. Mustafizur Rahman Kanchan, 2011, 40 CLC (AD)
....appeal is directed against the judgment and order dated 08.04.2010 passed by the High Court Division in Writ Petition No.1086 of 2009 disposing of the Rule by some observation and directions upon the parties as follow: A. The petitioner is exempted from making payment of Tk. 1,21,942/- for 1415 B......10 passed by the High Court Division in Writ Petition No.1086 of 2009 disposing of the Rule by some observation and directions upon the parties as follow: A. The petitioner is exempted from making payment of Tk. 1,21,942/- for 1415 B.S. as demanded by respondent No.4 (Annexure-L). B. The respo......eration of the judgment and order dated 08.04.2010 passed by the High Court Division in Writ Petition No.1086 of 2009 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: | Hits: 96
Bera Pourashava and another Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....Pabna sent his inquiry report to the DC, Pabna, who forwarded the same to the Government concurring with the view of the ADC (General), Pabna that all the 118 persons present at the time of inquiry, apart from the Chairman of Bera Paurashava, objected to inclusion of the areas of Karamza and Sharish......gment and order dated 11.05.2005 passed by the High Court Division in respect of Writ Petition Nos.5036 of 2002 and 3007 of 2003 are hereby set aside. Ed. This Case is also Reported in: ......gment and order dated 11.05.2005 passed by the High Court Division in respect of Writ Petition Nos.5036 of 2002 and 3007 of 2003 are hereby set aside. Ed. This Case is also Reported in: ..Category: Election Law | Date: | Hits: 152
Amir Hussain Sowdager Vs. Mohammad Harunur Rashid, 2011, 40 CLC (AD)
....a and take registration after payment of the remaining consideration money of Tk. 50,00,000/- and the date was fixed on 05.01.2003 for hearing the said application. After hearing the application in part 22.02.2003 was fixed for further hearing, but the plaintiff-respondent No.1 herein did not ta......ondent No.1 as the plaintiff entered into an agreement on 02.05.2002 with the petitioner-defendant No.1 to purchase the property detailed in the schedule to the plaint by executing a bainapatra, on payment of Tk.15,00,000/-. The price of the property was agreed at Tk. 65,00,000/-. The sale deed ......reparation of paper-book is dispensed with as prayed for. Let the order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 314. ..Category: Property Law | Date: | Hits: 98
Government of Bangladesh and another Vs. Lutfun Nessa and others, 2010, 39 CLC (AD)
....after, their predecessor instituted Writ Petition No.2718 of 1991 in the High Court Division challenging the reviewing order of the Land Administrative Board. The High Court Division upon hearing the parties made the Rule absolute declaring the order of the Land Administration Board as had been made......fore, the plaintiff cannot claim that they are not bound by the said deeds. It further appears that after the execution of the deeds, their predecessor went to the local revenue office mutation and payment of rent when the revenue officer disclosed that the suit property was enlisted as vested a......n the submissions of the learned Counsel for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 141, VIII ADC (2011) 189. ..Category: Property Law | Date: | Hits: 93
Sadharan Bima Corporation Vs. Bangladesh Shipping Corporation and others, 1990, 19 CLC (HCD)
....gladesh may claim for damages against the Owner, Master or Crew of the ship if the damage to the goods is done by their negligence or misconduct or for any breach of duty of breach of contract on the part of the Owner, Master or Crew of the ship. In the present case the plaintiff is neither the owne...... loss of 62 Kgs of raw materials worth Tk. 1,81,400.50. Accordingly, the proforma‑defendant No. 3 who was the importer submitted its claim to the carrier, namely, the defendant No. 1 petitioner for payment of Tk. 1,81,400.50 as compensation, but without any result. Ultimately, the proforma‑defen......ependently in accordance with law. Parties are at liberty to take back their respective documents and Exhibits on giving proper receipt. Ed. This Case is also Reported in: 43 DLR (1991) 322. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 175
Abdus Sobhan Vs. Harekrishna Kundu and another, 1988, 17 CLC (HCD)
.... Advocate of the Supreme Court of Bangladesh. He has his own residential house at 44, Purana Paltan Road, Dhaka. He is also a senior Lecturer of the Law College, Dacca and previously he served as a part‑time lecturer of the Dacca University for about 10 years. He was elected twice as Member of t......,000.00 (Tk. five thousand) only as damages. In the result, the appeal is allowed. Since there is no appearance we do not award any costs. Ed. This Case is also Reported in: 43 DLR (1991) 314.......,000.00 (Tk. five thousand) only as damages. In the result, the appeal is allowed. Since there is no appearance we do not award any costs. Ed. This Case is also Reported in: 43 DLR (1991) 314...Category: Civil Law | Date: | Hits: 89
Zulfiquar Ali Bhutto Vs. State, 1991, 20 CLC (HCD)
....prehension of imminent arrest With the effect of virtual restraint on the petitioner; (b) that the petitioner should physically surrender to the Court. (c) that on account of' ulterior motives, particularly on part of the police, there should be apprehension of harassment and undue irreparable......cussed above, the prayer for anticipatory bail is allowed for a period of one (1) month from date. This Rule is made absolute accordingly. Ed. This Case is also Reported in: 43 DLR (1991) 312.......cussed above, the prayer for anticipatory bail is allowed for a period of one (1) month from date. This Rule is made absolute accordingly. Ed. This Case is also Reported in: 43 DLR (1991) 312...Category: Criminal Law | Date: | Hits: 61
Government of Bangladesh Vs. Abdul Wahid Sheikh (dead) his heirs & others, 1990, 19 CLC (HCD)
....sis of reformation in situ is tenable only if the lands diluviated re‑appear within 20 years of the diluvion. But if these lands do not appear within 20 years of their disappearance the same become part of the public domain. Here comes in sections 86 and 87 of the EBSA and T Act to the plaintiff. ......nding the abatement of rent of such lands while section 87 recognised the right of a riparian owner to hold lands gained by the recess of a river or the sea as increment to the holding subject to the payment of a fair and equitable rent. 7. With the emergence of Bangladesh as an independent count......gment delivered by the learned Subordinate Judge also abates. The appeal is, accordingly, disposed of. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 308. ..Category: Property Law | Date: | Hits: 77
Haque and Company Limited Vs. M/s. Western Soap Factory and others, 1990, 19 CLC (HCD)
....as accorded to the respondent No.1 although petitioner's application for the self‑same trade mark 'Capri' was then pending. I find substance in the above contention of Mr. Asrarul Hossain. Both the parties were praying for the trade mark 'Capri' for toilet soap before the registrar. The respondent......in favour of the respondent No. 1 is set aside and the Trade Mark Registry be rectified accordingly. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 304. ......in favour of the respondent No. 1 is set aside and the Trade Mark Registry be rectified accordingly. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 304. ..Category: Intellectual Property Law | Date: | Hits: 219
AHM Kamaluddin another Vs. The State, 1989, 18 CLC (HCD)
....the result, the application is summarily rejected. Let a copy of this judgment be sent to the Court of the Divisional Special Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (1991) 294. ......the result, the application is summarily rejected. Let a copy of this judgment be sent to the Court of the Divisional Special Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (1991) 294. ......ust, 1982. On 23rd May 1993 Mr. HW Chowdhury, Assistant General Manager, Bangladesh Shilpa Bank, Dhaka lodged written FIR at the Motijheel Police Station regarding misappropriation of the said Bank's loan of Tk. 37,00,000.00 in respect of loan to M/s. Kalaroa Ice & Cold Storage Ltd. It appears t..Category: Criminal Law | Date: | Hits: 63
....thin 15 days after die loss or damage or such further time as the company may in writing allow in that behalf deliver to the company‑
(a) a claim in writing for the loss and damage containing as particular an account as may be reasonably practicable of all the several actions or items of proper......n Act. There no question of extending the time limit arises.
13. As to the submission of Mr. AR Yusuf, the learned Advocate for the appellant, that section 44A of the Insurance Act is a bar on the payment of any claim in respect of any general Insurance business unless the loss has been surveyed ......lt this appeal is allowed and the suit is dismissed. In view of the facts and circumstances of the case there will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 286.
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Category: Alternative Dispute Resolution | Date: | Hits: 170
Birendra Nath Chakraborty Vs. Subal Chandra Biswas and others, 1981, 10 CLC (HCD)
....or petitioner obtained the present Rule. 3. Only one issue was framed by the learned Munsif, namely, whether the Misc. Case was barred by limitation. The pre‑empted kabala, by which the opposite party No. 4 sold the case land to opposite party Nos. 1‑3, admittedly strangers, is dated 4‑10......istrict Judge is directed to dispose of the Misc. Appeal within one month of the arrival of the records after intimation arrival of the same. Ed. This Case is also Reported in: 43 DLR (1991) 276.......istrict Judge is directed to dispose of the Misc. Appeal within one month of the arrival of the records after intimation arrival of the same. Ed. This Case is also Reported in: 43 DLR (1991) 276...Category: Property Law | Date: | Hits: 78
Dilip @ Siddiqur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....e manner of the occurrence. 6. The defence suggested that the informant Abdul Latif tried to take forcible possession of the disputed plot on the plea of purchase and that upon dispute between the parties over the land there was a proceeding under section 145 of the Code of Criminal Procedure res......ants are affirmed. The appellants 3‑9 who are on bail are directed to surrender to their bail bond to serve out their remaining sentence. Ed. This Case is also Reported in: 43 DLR (1991) 269. ......ants are affirmed. The appellants 3‑9 who are on bail are directed to surrender to their bail bond to serve out their remaining sentence. Ed. This Case is also Reported in: 43 DLR (1991) 269. ..Category: Criminal Law | Date: | Hits: 61
.... tender notice issued on 13.11.77 desired to sell this industrial unit "M/s. Ferdous Tannery" along with other properties. The Tender of the plaintiff being highest was accepted by the government and part possession of the Ferdous Tannery has been delivered to the plaintiff. The government failed to......ncluded in the schedule of the deed of agreement also belong to the Ferdous Tannery. As per agreement the plaintiff paid two instalments amounting to Tk. 11,70,000.00 and Tk. 8,10,000‑00 being down payment before taking delivery of possession and Tk. 3,60,000.00 as annual installment for the curre......agh, PS Mohammadpur, Dhaka, "together with its existing assets" and liabilities of Taka nil with Bangladesh Shilpa Bank, Shilpa Rin Sangstha, Commercial Bank being the balance amount of the long term loan taken by the said industrial unit, "as fully described in the schedule 1," hereunder collective..
Category: Property Law | Date: | Hits: 73
Mosharraf Hossain Mia Vs. Mosammat Hasina Begum and others, 1990, 19 CLC (HCD)
.... Civil Procedure is directed against the order dated 20.2.89 passed by Mr. Mominullah, Subordinate Judge, Bhola in Title Suit No. 7 of 1985. 2. The relevant facts of the case are that the opposite parties filed the above suit for declaration that the five kabalas executed by the defendants on 7.4......mpugned order of the learned Subordinate Judge is set aside. The learned Subordinate Judge should dispose of the suit as early as possible. Ed. This Case is also Reported in: 43 DLR (1991) 254. ......mpugned order of the learned Subordinate Judge is set aside. The learned Subordinate Judge should dispose of the suit as early as possible. Ed. This Case is also Reported in: 43 DLR (1991) 254. ..Category: Property Law | Date: | Hits: 85
State Vs. Kalu Bepari, 1990, 19 CLC (HCD)
.... we are, therefore, of the view that the confessional statement is a voluntary one. In the confessional statement the condemned prisoner appears to have made a clean breast of the story detailing the part played by him. The facts stated in the confessional statement appear to be consistent with the ......nviction of the condemned prisoner under section 302 of the Penal Code is upheld but the sentence of death is altered to life imprisonment. Ed. This Case is also Reported in: 43 DLR (1991) 249. ......nviction of the condemned prisoner under section 302 of the Penal Code is upheld but the sentence of death is altered to life imprisonment. Ed. This Case is also Reported in: 43 DLR (1991) 249. ..Category: Criminal Law | Date: | Hits: 81
Bangladesh Road Transport Corporation Vs. M/s. Ashraf Jute Mills Ltd., 1990, 19 CLC (HCD)
....iance has duly been filed. On 14.5.87 the learned Advocates Mr. Golam Rabbani and Mr. Nasiruddin Chowdhury filed power on behalf of the respondent company. On 1.7.87 the learned Advocates of both the parties appeared before the Court. On 21.7.87 the respondent filed the affidavit‑in‑opposition t......premises on 10.5.83. The respondent company failed to pay rent as per agreement and as a result on 24.1.87 the rent due stood at Tk. 1,85,359.95. The Petitioner had requested on several occasions for payment of the outstanding dues but the respondent did not pay any heed to such requests. Ultimately......roperties both movable and immovable of the above company to this Court within two months from the date of receipt of a copy of this order. Ed. This Case is also Reported in: 43 DLR (1991) 240. ..Category: Company Law | Date: | Hits: 165
Serajul Islam Vs. The Director General of Food, 1990, 19 CLC (HCD)
.... Md. Serajul Islam, Inspector of Food, Golapganj Upazila, District Sylhet has prayed for issuance of Rule Nisi calling upon respondent No. 1, Director General of Food to show cause why the impugned departmental proceeding against the petitioner as contained in Memo No. 199/পরি/প্রসা/......In the result, on the grounds stated above the application of the petitioner is summarily rejected. The prayer for certificate is refused. Ed. This Case is also Reported in: 43 DLR (1991) 237.......In the result, on the grounds stated above the application of the petitioner is summarily rejected. The prayer for certificate is refused. Ed. This Case is also Reported in: 43 DLR (1991) 237...Category: Administrative Law | Date: | Hits: 175
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