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Bangladesh Power Development Board & ors Vs. M/s. Arab Contractor, (BD) Ltd & ors, 2009, 38 CLC (AD)
.... such the respondent No.1 was claiming over 6 (six) times the original agreed contract price. In the statement of claim the respondent No.1 claimed, inter alia, that the petitioners had delayed in handing over the site to respondent No.1 and as such the machinery and staff had lay idle at consid......bsp; March 25, 2009. Cases Referred To- M/s Amin Jute Mills Ltd. Vs. M/s. A.R.G. Ltd. 28 DLR (AD) 76; K.M. Shafi Limited. Vs. Government of Bangladesh 1983 BLD (AD) 109; Sonali Bank Vs. Karnaphuli works Ltd.46 DLR (AD) 55. ......rbitration Act, 2001 on the basis of bank papers. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 952. ..Category: Alternative Dispute Resolution | Date: | Hits: 344
Sreemati Priti Rani Chakraborty and others Vs. J.M. Sen Institute, 2006, 35 CLC (AD)
....was paid to the municipal authority and that no municipal holding was opened in the name of the defendants' predecessor or in the name of the defendants in respect of the land in suit. On the other hand the plaintiff has filed the papers to show that the municipal holding stand in the name of th......es" Ext.1 series are the R.S. Khatians, Ext. 2-P.S. Khatians, Exts.3 and 3(ka)-patta, Ext. 5- Municipal Assessment Register, Ext. 6, Municipal Tax receipt, Ext. 7- Rent receipt issued by the Government, Exts. 9 and 9(ka) dated 25.3.1967 and 25.1.1967 respectively applications filed by the d...... made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 945. ..Category: Property Law | Date: | Hits: 82
Sree Jagannath Bairagy Vs. Sree Sree Kanailal Jew Bigraha and others, 2009, 38 CLC (AD)
.... 5. The defendant petitioner contested the suit by filing a written statement denying all the assertions and material allegations that the suit properties are private Debbottor properties. Bharat Chandra Bairagy father of Radha Raman Bairagy installed deity Sree Sree Kanai Lal Bigraha. Said Bhar......Lakshmi Baishnabi was only her seba Dashi and the said Lakshmi Baishnabi was maintaining celibacy and was childless. Accordingly, Lakshmi Baishnabi had no right, title, interest and possession over the suit land. 4. The said Lakshmi Baishnabi died in the year 1988. After the death of ...... After the death of Lakshmi Baishnabi the religious people constituted a shebait committee in presence of 52 local religious persons on 16.10.1992 they created a shebait committee to look after the management of the deity. Thereafter the said committee was performing the seba puja of the deity. ..Category: Civil Law | Date: | Hits: 110
Administrator of Waqfs, Bangladesh and other Vs. Shah Mohammad Alinoor & others, 2009, 38 CLC (AD)
....er son of the Waqf, as Mutwalli and for smooth management of the waqf estate also formed a Committee comprising of seven heirs of the waqif including respondent No.10 and asked the respondent No.9 to handover, within seven days of receipt of the order, the charge of Mutawalli to the respondent No.1;......on of the Waqf, as Mutwalli and for smooth management of the waqf estate also formed a Committee comprising of seven heirs of the waqif including respondent No.10 and asked the respondent No.9 to handover, within seven days of receipt of the order, the charge of Mutawalli to the respondent No.1; ear......t No.10 somehow started managing the waqf estate on his behalf; when the proceeding under section 32, which was earlier initiated on the basis of complaint made by the beneficiaries due to the mismanagement of the wakf estate by the respondent No.9 was reaching its finality and the petitioner to..Category: Trust/Waqf Law | Date: | Hits: 518
Ahmed Hossain Khan Vs. Mosammat Hamida Begum Chowdhury and another, 2007, 36 CLC (AD)
....described in the schedule attached to the plaint in favour of the plaintiff on receipt of the balance of the consideration money within 30 days. The trial Court also directed the defendant No.1 to hand over possession of the property in suit to the plaintiff upon removing all the obstacles ......ibed in the schedule attached to the plaint in favour of the plaintiff on receipt of the balance of the consideration money within 30 days. The trial Court also directed the defendant No.1 to hand over possession of the property in suit to the plaintiff upon removing all the obstacles there...... discussion made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 901. ..Category: Property Law | Date: | Hits: 100
A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)
....er Chowdhury J, they need not be once more repeated here. From these provisions in the Customs Act, it is apparent that the legislature has conferred ample authority upon the Department of Customs to handle the clearance and delivery of goods both on their arrival to and departure from any port in B...... officers are authorized to deal with offences mentioned in the Customs Act. The Bureau of Anti-Corruption cannot investigate an offence under section 156 of the Customs Act on the strength of a Government notification when it is being carried out by the Customs Authority as improved by the pros......s are allowed. Proceedings are quashed and the judgment of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 113. ..Category: Fiscal/Taxation Law | Date: | Hits: 129
Ahmed Meah Sowdagar Vs. S. M. Abdul Alim and another, 2009, 38 CLC (AD)
....er of the pre-emptors was not acted upon because the executants of the deed had no right to sell out the property which was bequeathed by way of waqf by their predecessor Abdul Haque Dovash before hand. Abdul Jalil and others as the heirs of Imamuddin got the land owned by way of inheritance and......ved 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: VI ADC (2009) 859. ......ved 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: VI ADC (2009) 859. ..Category: Property Law | Date: | Hits: 29
Bhawal Raj Court of Wards Estate Vs. Rasheda Begum and others, 2009, 38 CLC (AD)
....and will be of no effect in the eye of law. Accordingly with the above observations the leave petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 401. ......thereafter after the acquisition of the land of the Zaminders on cessation of the Zamindary system the rent receiving interest of the Mouza under which the case lands belonged was acquired by the Government under Section 3(1) of the State Acquisition and Tenancy Act, 1950 vide notification No.27......tution is not applicable in the case of present record of rights and the circular dated 10.11.2002 is illegal and any action taken thereupon must be set aside. Lastly, he submitted that management of the properties of disqualified owners by the Court of Wards is a matter of long pa..Category: Property Law | Date: | Hits: 67
Rayna Begum and others Vs. Md. Marufuddin Ahmed and others, 2008, 37 CLC (AD)
.... are not entitled to such and order in a suit so framed. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 785. ......d upto the Appellate Division by judgment and order dated 17.04.2004 passed in Civil Petition for Leave to Appeal No.1040 of 2003 and then the defendant respondent was taking step hurriedly to take over possession of suit land in execution and as such the plaintiff-petitioners were constrain......is permanently residing in Sylhet town and in case of any necessity and social functions he visits the village home. The entire homestead and all other family properties were under the control and management of Kamar Uddin and Dr. Shafar Uddin Ahmed was not at all conversant with the family..Category: Property Law | Date: | Hits: 33
Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)
....in Ahmed 50 DLR (AD) (1998) 27; Mujibur Rahman Vs. Bangladesh 44 DLR (AD) 111; Sp Sampath Kumar Vs. Union of India AIR 1937 SC 386 (Para 16); JB Chopra Vs. Union of India AIR 1987 SC 357 (Para 2);L. Chandra Kumar Vs. Union of India AIR 1997 (SC) 1125; Pakistan Vs. Sheikh Abdul Hamid, PLD 1961 (SC) 1......Petition Nos. 44 & 45, 50 & 51 of 2004 here. Supreme Court Appellate Division (Civil) Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J Abu Sayeed Ahammed J Government of Bangladesh and others................Appellants (In Civil Appeal Nos. 69-70 of 2002) ......e appeals are allowed without any order as to costs and the impugned judgment and order making the rules absolute are hereby set aside. Ed. This Case is also Reported in: I ADC (2002) 230. ..Category: Employment/Service Law | Date: | Hits: 118
Shahriar Rashid Khan and other Vs. Bangladesh and others, 1998, 27 CLC (AD)
....o understand why the vires of the said Ordinance was made the major issue for decision when none of parties came to the court seeking a declaration that the Ordinance was ultra vires. On the other hand, the question directly raised for consideration and decision by the writ petitioners was wheth......975. The appellant came to know about the aforesaid criminal cases while inside the jail. 4. The appellant alleged that in 1975 when the democratic system was throttled by the then BAKSHAL Government and an economic crisis and a serious unrest was prevailing all over the country, a revolu...... the change of such Government and the Proclamation of Martial Law on that morning. KHANDAKER MOSHTAQUE AHMED President DACCA; The 26th September, 1975 ..Category: Constitutional Law | Date: | Hits: 167
....ly, if it is a pure and simple contract which is entered into by the Government in its trading capacity for any breach of, such contract writ will not be available as remedial measure, on the other hand, if the contract is entered into by the Government in the capacity as sovereign then writ juris......y, of the writ petitioner for the work already done in accordance law.
Cases Referred To-
Sharping Matshjibi Samabaya Samity Ltd. vs Bangladesh and others 39 DLR (AD) 85; Mesbahuddin Ahmed Vs. Government of Bangladesh and orders 47 DLR 515; Bangladesh Power Development Board and others Vs. Md.......already done in accordance law, in full and final settlement of the claims of the writ-petitioner under the contracts.
Ed.
This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ..
Category: Civil Law | Date: | Hits: 212
Mrs. Zinnatul Ara & ors Vs. Government of the People’s Republic of Bangladesh, 2009, 38 CLC (AD)
....3.9.2008 the respondent No.3 Bank, inspite of the above order of “stand over” most illegally executed a sale deed in favour of the auction purchaser and that the petitioners, having no hand for such “stand over”, had no fault at all and that after the lifting the emergenc...... MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Mrs. Zinnatul Ara and others……….............Petitioners. Vs. Government of the People’s Republic of Bangladesh, represented by Secretary, Ministry of law, ......there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 88
Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One
....DLR 615; Babu v. State of U.P. AIR 1965 SC 467; Union of India v. Ananti Padmanabiah, AIR 1971 SC 1836; Tanviven Pankajkumar Divctia v. State of Gujrat (1997) 1 SCC 156=AIR 1997 S.C. 2193; Sharat Chandra Mirta v. Emperor ILR 38 Cal 202; Ahmed Sher V. Emperor, AIR 1931 Lah 513; Subedor Singh v Em...... (d) the evidence and materials on record will only show that there was no case of criminal conspiracy for murder but a case of criminal conspiracy to commit mutiny to change the then Mujib Government. Hence the conviction and sentence of the convict petitioners are liable to be set aside......LR (AD) 69, Tara Singh and others V. State of Punjab 1991 Supp (1) SCC 536, Jamna and others V. State of U.P. 1994 Supp (1) SCC 185 and State of H.P. V. Shreekanthia Shekari (2004) 8 SCC 153. ..Category: Criminal Law | Date: | Hits: 310
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two
.... towards Bangabhaban. 180. P.W.40 stated that during the relevant time, he was a lieutenant of Lancer Unit of which Farooque Rahman was the commander and he attended the night parade and he handed over the parade to Mohiuddin (Lancer) who then handed over the parade to Farooque Rahman and...... appears the defence did not challenge the testimony of this witness and therefore, his testimony about the direction of Mohiuddin for installation of cannon and firing of cannon-ball remain uncontroverted. 168. P.W.18 stated that he was a gunner of the Artillery Unit of which Khondker A...... this witness at the gat of the house of the President and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ..Category: Criminal Law | Date: | Hits: 274
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
....s of the Country, with tears rolling on their cheeks, termed the incident as pathetic, brutal and barbarous referring to and reminding us the tragic incident of "Karbala massacre" in the hand of devil forces of Yeazid. 342. They all in unison with chocked voice sought justice na......vidence and materials on record as to how brutally the convicts perpetrated the incident and how the criminals were protected, sheltered, rewarded and maintained under State patriotism by the then Governments up to 1996. 343. The learned Counsels for the respondents drew our attention fro...... the question as to the court before which the proceedings are to be instituted for the determination of the Government, whose order upon such reference shall be final.’’ ..Category: Criminal Law | Date: | Hits: 229
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
....e earliest official document in which the phrase appears, in the form a Government of laws and not of men. A system of Government in which executive, legislature and judiciary are each in separate hands with each essentially limited to its own sphere of activity was regarded by the American......osecution relies have no motive for implicating the accused.” 628. The informant has implicated only 14 accused persons in the F.I.R, of them, he made specific allegation of overt act against the appellant Major Bazlul Huda and identified 3 other accused persons including ......r Dalim delivered speeches for toppling the Government and as per their direction, they took ammunition with them. The testimony of this witness was not challenged by the defence in any manner. ..Category: Criminal Law | Date: | Hits: 228
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
....icial confession is reliable and the evidence of such confession comes from the lip of a witness who is unbiased, the same can be relied upon and a conviction can be founded thereon. In the case in hand I find that P.W.s. 8 and 15 are neutral witnesses and they have proved the admissions of four...... passes the test, the extra-judicial confession can be accepted and can be the basis of a conviction. In such a situation to go in search of corroboration itself tends to cast a shadow of doubt over the evidence. If the evidence of extra-judicial confession is reliable, trustworthy and beyon...... the needs of changing society in the light of the observations made above. In view of the lack of proper law, I am unable to use the digital evidence produced by the prosecution in this case. ..Category: Criminal Law | Date: | Hits: 291
Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)
....Zohara Khatun and other…...................Appellants (In Civil Appeal No.127 of 2001) Ahasanuzzaman and others…................Appellants (In Civil Appeal No.128 of 2001) Vs. Sitakundu Chandra Nath Chatuspaty Tole and others….......Respondents (In all the appeals) Judgment Apr...... the same. 2. The suits were filed seeking declaration of title in respect of 30 decimals of land of R.S. Plot No.792 listed in R.S. Khatian No.1700 described in schedule 'Ka' to the plaint and recovery of khas possession of different quantity of land (part of the land described in schedule 'Ka' ......High Court Division we do not find any infirmity of the kind calling for interference. Accordingly the appeals are dismissed with costs. Ed. This Case is also Reported in: VI ADC (2009) 721. ..Category: Tenancy Law | Date: | Hits: 176
Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)
.... concluded between Tapashee and the Sangstha on 31-5-1980. 4. Further case is that on 28-9-1980 a tripartite contract was entered into between the Sangstha and Tapashee on the one hand as "Purchaser" and the opposite party No. 6, Dira Dockyard and Engineers Limited, a ......t was also discussed by the Martial Law Investigation Committee on 7-7-1982 and the Sangstha was advised not to make any further disbursement to Tapashee/Dockyard and to take steps to recover the disbursed amount. 8. The Sangstha claims a sum of Taka 68.46 lakh due upto 1-1-1983......e contract. The contract was with the builder company but the directors who received the money and bungled in the name of the company have remained outside the mischief of law, thanks to the great management of the Sangstha. 31. The High Court Division has fully noticed the wrongdoin..Category: Business or Commercial Law | Date: | Hits: 311
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