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Arab Bangladesh Bank Ltd. Vs. Ziauddin and others, 1998, 27 CLC (HCD)
....hing contained in this sub-section shall affect that right of claim which any person may have against the person to whom any payment is made under this section.” 6. Now, in the present case, the disputed accounts were opened in the name of late Nur Uddin Ahmed and his wife defendant No.1 and ad......operties along with his wife defendant No.1. The learned Advocate submits that till the matter is finalised in the suit the defendant may be restrained as prayed for and the learned Subordinate Judge holding a prima facie case in favour of the plaintiffs rightly passed the order of injunction. 5...Category: Banking Law | Date: | Hits: 122
Habib Bank Limited Vs. UAE Bangladesh Investment Company Limited and another, 1998, 27 CLC (HCD)
....missed with costs. The judgment and decree passed by Adalat is hereby affirmed. Send down the lower Court records expeditiously. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 25. ......bably he intended to say that the money belongs to BCCI over which they have claimed set-off. He admitted that they have claim of over 1.65 million US dollars from BCCI. But it appears that they were holding more than that which belong to BCCI and actually according to this witness BCCI is to get 8...Category: Banking Law | Date: | Hits: 136
Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)
....rily rejected the application, the question of granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ......is the crux of the whole problem in the instant case. The statements have been made by a Member of Parliament who is the Home Minister of the Government. We cannot but mention that Mr. Nasim has been holding a responsible and Constitutional Post as a Minister of the Government. Further we can take j..Category: Criminal Law | Date: | Hits: 54
Bashir Ahmed and others Vs. Ayub Ali Mollah, 1998, 27 CLC (HCD)
....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. ...... the local elite and this evidence clearly indicates that the plaintiff called salish before filing the suit. He however admitted that he did not file any application before the Ward Commissioner for holding arbitration. He further deposed that the salish took place in the house of the defendant and..Category: Tenancy Law | Date: | Hits: 148
Jebun Nessa Zaman and Others Vs. Hosne Ara Lili, 2001, 30 CLC (HCD)
....Counsels. 10. It is admitted that the plaintiff was a tenant under the defendant No.1 in the suit shop first at a rent of Taka 1,600 and then, finally at Taka 2,000 under defendant No.1. It is not disputed that the plaintiff inducted the defendants No.2 without any intimation to or consent of the......e Ahmed, learned Counsel appearing for the petitioners, submits that the learned Assistant Judge committed serious error of law resulting in an error of his decision occasioning failure of justice in holding that the defendants dispossessed the plaintiff. He also submits that the trial Court erred i..Category: Civil Law | Date: | Hits: 82
BLAST Vs. Government of the People’s Republic of Bangladesh and others, 2007, 36 CLC (HCD)
.... by law, can challenge the deprivation as offending the right to live conferred by Article 21. 15. The merits and demerits of the existence of slums in the Metropolitan City of Dhaka have not been disputed but the slum dwellers of necessity for physical rehabilitation for their living have flocke...... 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
....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 ......a catalyst for changes and reforms as well as political development in our country. It played historical role during the war of liberation and it always played a pro-people role. In the past for upholding the rights of the public and for publishing the news regarding ill designed actions of the..Category: Criminal Law | Date: | Hits: 130
Mohshinul Islam Vs. Rajdhani Unnayan Kartripakkha and others, 1999, 28 CLC (HCD)
....g contested by respondent Nos.1 and 2 by filing an affidavit-in-opposition. Petitioner filed affidavit-in-reply to the same and also filed a supplementary affidavit showing the latest position of the disputed land. Writ Petition No.11851 being contested by respondent No.1 by filing an affidavit-in-o......o meet increased demand for residential plots by large number of city dwellers and there is no illegality in altering the layout plan in such manner. He further submitted that there is no question of holding out any promise by RAJUK to the allottees as of any estoppel preventing it from converting t..Category: Property Law | Date: | Hits: 55
Shah Alam Patwari (Md) Vs. Md. Siddiqur Rahman Bhuiyan and others, 2001, 30 CLC (HCD)
....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. ...... of the returned candidate AHM Khaleque and set aside the election of the revision-petitioner in the by-election held in the meantime. 7. It may be noted here that challenging the notification for holding by-election for the office of Chairman of the said Union Parishad, the election-petitioner m..Category: Election Law | Date: | Hits: 79
National Sports Council Vs. A Latif and Company, 2001, 30 CLC (HCD)
.... arose really an arbitral dispute or difference in between the parties as to any thing or matter under or out of the contract for reference to the arbitrators. 12. In the case before me, it is not disputed that the opposite party got the contract and the work order for execution of the work under......eadiness by his letter dated 01-06-1997 to do the work as per changed design which was necessitated for unavoidable circumstances. The employer addressed various letters requesting the contractor for holding discussion, but he preferred to make the application. After the work order was issued, the c..Category: Alternative Dispute Resolution | Date: | Hits: 186
Resource International Vs. MV Sargodha and others, 2001, 30 CLC (HCD)
....rice of which is Taka 2,323.00 and thus the defendants liability is assessed at Taka 11,86,176.91. It appears from the bill of lading that 2% discolored rice was there in the consignment which is not disputed and accordingly, the price of the said damaged rice which comes to Taka 23,723.54 should be......sted by this Court due to the default of the defendants and consequently, the counter-claim is not entertainable and the same is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 381. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 214
....stry of Land assured the petitioner that after approval of the project petitioner would be engaged for execution of the project the same has been denied by the respondents and, as such, the same is a disputed question of fact and cannot be decided in the writ petition. It is also a disputed question......by memo dated 23-10-97 petitioner was asked to submit a plan. Similar request was made to other NGOs as well. The said Ministry did not make any representation to the petitioner much less to speak of holding out any promise or assurance. The proposal of the petitioner was neither approved by the Min..
Category: Civil Law | Date: | Hits: 92
Abdur Rahman and others Vs. Md Shamsul Huq and others, 2000, 29 CLC (HCD)
....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.......btained the present Rule. 4. Mr. M Enayetur Rahim the learned Advocate appearing for the petitioners submits that the learned District Judge, committed an error of law in rejecting the application holding that Miscellaneous Case No.13 of 2000 is not an original proceeding and accordingly Order 6 ..Category: Procedural Law | Date: | Hits: 86
Amal Chandra Dhupi @ Das and others Vs. Lakshan Chandra Das and others, 2010, 39 CLC (AD)
....atians in the name of Mahesh Chandra Dhupi in exclusion of prasanna and his heirs were wrong and in spite of wrong records, the plaintiffs maintained ejmali possession of the eight annas share of the disputed jamas, but as the defendants denied their title, they filed the suit. 3. Defendant-peti......nd thus he pleaded correctness of the R.S. and S.A. khatians in the name of his predecessor Mahesh Chandra Dhupi and denied plaintiffs title and possession in the suit land and stated that non-suited holdings were his paternal, properties acquired otherwise. 4. The defendant Nos. 12-15 who are pe..Category: Property Law | Date: | Hits: 27
Md. Helal Uddin and others Vs. M. A. Jakir and another, 2010, 39 CLC (AD)
....pertained to C.S. Khatian No. 362 of S.A. Khatian No.651, Plot No.1432 measuring an area of 9.34 acres of which .67 acres of land appertained to 'Kha' schedule out of which .05 acres of land is the disputed land. The pre-emptors are co-sharers by purchase in the said land. The said land originally......fect parties. The vendor sold the land to them by registered kabala dated 31st January, 1998, and delivered possession to them on the same date. The pre-emptors are not co-sharers in the disputed holding because of separation of Jama. The case has been filed on the basis of some false allegati..Category: Property Law | Date: | Hits: 22
Md. Mafiz and others Vs. Bangladesh, 2010, 39 CLC (AD)
....ent and order dated 16.06.2008 recorded by the High Court Division in Civil Revision No. 2102 of 1995 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 598.......he judgment and order dated the 16th day of June, 2008 passed by the High Court Division in Civil Revision No.2102 of 1995 making the Rule absolute remanding the suit to the Court of Appeal below for holding fresh trial in the light of observation made in the judgment. 2. The facts involved in th..Category: Property Law | Date: | Hits: 31
Joynal Abedin Vs. Ali Azam Saibal and others, 2010, 39 CLC (AD)
....onj and Kartickpur but they failed to trace out any deed as claimed by him. Subsequently on search in the Sub-Registry Office of Palong which is situated far away from the suit land they detected the disputed deed and after obtaining a certified copy on 22nd June, 1998 instituted the suit seeking th......t of appeal below. I find no merit in the contention of the learned counsel for the petitioner. The application is therefore, dismissed. Ed. This Case is also Reported in: VII ADC (2010) 590...Category: Property Law | Date: | Hits: 21
Government of Bangladesh Vs. Md. Atiar Rahman Khan and others, 2010, 39 CLC (AD)
.... is condoned. Preparation of the paper book is dispensed with as prayed for. The petitioner is permitted to add additional ground. Ed. This Case is also Reported in: VII ADC (2010) 587.......ed question fact and law, the said issue can only be decided on evidence. The learned Additional Attorney General further contended that the learned Judge of the High Court Division erred in law in holding that the issues involved in the earlier suit are directly and substantially the same in th..Category: Limitation Law | Date: | Hits: 149
Azizur Rahman Khan and others Vs. Md. Aynul Miah and others, 2010, 39 CLC (AD)
....r of stay granted earlier by this Court shall continue till disposal of the appeal. Let the appeal be made ready for expeditious hearing. Ed. This Case is also Reported in: VII ADC (2010) 545.......ted 28.05.2009, passed by the High Court Division in Civil Revision No.5650 of 2007 and Civil Revision No.5651 of 2007, setting aside the judgment and decree passed by the District Judge, Dhaka and upholding the decree for declaration, passed by the Assistant Judge, Dhamrai. 2. The facts of the c..Category: Property Law | Date: | Hits: 21
Khandakar (Md.) Shahjahan Vs. Md. Atiar Rahman Monshi & others, 2000, 29 CLC (HCD)
....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.......nior Assistant Secretary, Election 1 dated 24-11-1997 to District Election Officer and Registration Officer wherein it is stated that under the rules after declaration of election schedule and before holding of election no inclusion or correction could be made by District Election Officer and Regist..Category: Election Law | Date: | Hits: 89
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