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Abdul Mannan Khan (Md.) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....son in a criminal proceeding is of the nature of a financial punishment as distinguished from physical punishment and it must be realised from him under all normal circumstances. We are in respectful agreement with the views expressed by the learned Single Judge in advancing the proposition of law t......an (Md.)..........................Petitioner Vs. Bangladesh and others.........................Respondents Judgment May 25, 2006. Result: The Rule is disposed of. Cases Referred to- Md. Ali Hossain Vs. State, 5 MLR 299 = 52 DLR 282; Emperor Vs. Sm Sarojini De Chowdhury, AIR ......asons were not recorded for issuing the warrant. The warrant was issued before the whole of the imprisonÂment in default had been undergone. The law does not require that reasons should be given for selling attached property after the disposal of claims. In view of the fact that no proper enquiry w..Category: Criminal Law | Date: 25 May, 2006 | Hits: 43
....¦â€¦â€¦â€¦â€¦â€¦â€¦Respondent
Judgment
May 9, 2006.
Result:
The Rule is
discharged.
Obligations
of an agent
An agency relationship
will arise from an agreement particularly from a contract, the express or imÂplied
terms of which govern the rights a......he express or imÂplied
terms of which govern the rights and liabilities of the parties. In the absence
of any relevant express terms their obligations must be regulated by rules of
law applicable to the relationship of principal and agent. In the performance
of his undertaking the agent must ac......f the issuer of a listed equity security or a
beneficial owner of not less than ten per cent of such security who is in
possession of material facts omit to disclose any such facts while buying or
selling such security.
18. Section 18 of
the Ordinance prohibits false statements in any ..
Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6
Hasmot Ali and others Vs. Chairman, 3rd Labour Court, Dhaka and others, 2006, 35 CLC (HCD)
....rovision of the Service Regulations of the FDC is less favourable to the express provision of the Standing Orders Act that provision, in our view, is void ab initio." 38. We are in respectful agreement with the aforesaid decision and relying with the said decision we are of the view that in...... The Chairman, 3rd Labour Court, Dhaka and others………………………..Respondents Judgment April 27, 2006. Result: All the Rules are made absolute. Cases Referred to- Managing Director, Rupali Bank Ltd. Vs. Md. Nazrul Islam Patwary & others, 48 DLR (AD)......periods will be treated as leave without wages. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 427. ..Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9
Rabya Khatun Vs. State and another, 2006, 35 CLC (HCD)
....appellant is found not guilty of the charge and she be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 473. ......;……………………………….State Judgment April 18, 2006. Result: The appeal is allowed. Cases Referred to- Panchu alias Paigam Ali Vs. The State, 26 DLR 297; Abul Hashem Master Vs. The State, 44 DLR...... the harm to be cause by the use of narcotic drugs. Section 9 of the Act prohibits cultivation, production, processing, conveying. transporting, importing, exporting, supplying, purchasing, selling, keeping in possession and using of all types of narcotic drugs other than alcohol, without ..Category: Criminal Law | Date: 18 Apr, 2006 | Hits: 10
Moju Bibi and others Vs. Abdul Aziz and others, 2006, 35 CLC (HCD)
....;eration money within the month of Magh 1254 B.S. and that subsequently Lal Mia offered Tk. 200/- more on condition of repayment by Magh 1361 B.S. for reconvey the suit land vide registered agreement dated 04-14-1947 and that subsequently after enjoying the property for more than 7 years S......lip;………………………….Opposite Parties Judgment January 25, 2006. Result: The Rule is discharged. Case Referred to- Sachindra Lal Das and others Vs. Hriday Ranjan Das being his heirs Bimal Kanti Das and othe...... order as to cost. The judgments and decrees of the courts below are upheld. The lower Courts record be sent down at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 639. ..Category: Property Law, Procedural Law | Date: 25 Jan, 2006 | Hits: 5
M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)
.... claims relief under secÂtion 5 of the Specific Relief Act for directing the defendant to do the very act which he is under an obligation to do. When the plaintiff as per the terms of the deed of agreement perÂformed his part, the defendant is also bound to perform his part, otherwise the cour......……………………….Respondent Judgment December 15, 2005. Result: The Appeal is allowed. Where a suit is brought for specific performance of contract, it is to be seen whether the plaintiff have been able to prove contract between the plaintiff and the de......tituted Attorney by executing a power of attorney on 25.06.1984 and conferred upon him the power inter alia, to manage and look after the suit property, realize the rent, let out the suit property, sell it and negotiate the sale and also execute and register the sale deed on her behalf; that the..Category: Property Law | Date: 15 Dec, 2005 | Hits: 8
Abdul Aziz & Government of Bangladesh Vs. Hindu Deity Luxmi Gobinda Jew & ors, 2006, 35 CLC (AD)
....e case the property was once taken over as abanÂdoned property as claimed by the defenÂdant, the same cannot be treated as enemy property again. 15. In the circumstances, we are comÂpletely in agreement with the High Court Division that the plaintiff's suit was not barred the same not being b...... Present: Md. Ruhul Amin J MM Ruhul Amin J Abdul Aziz....Appellant (In Civil Appeal No. 216 of 2000) Government of Bangladesh, represented by the Deputy Commissioner & Deputy Custodian Enemy Property, Dhaka .....................Appellant (In Civil Appeal No. 217 of 2000) Vs.......the Civil Appeal No. 216 of 2000 is dismissed with cost of Tk. 500/- and the Civil Appeal No. 217 of 2000 is disÂmissed without any order as to cost. Ed. This Case is also Reported in: ..Category: Property Law | Date: 8 Dec, 2005 | Hits: 90
World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
....ent provided that in case of any delay in frequency allocation or signing of the Interconnection Agreement for reasons attributable to the first party then the effective date may be shifted by mutual agreement According to the terms of the Agreement, the Operator Licence was not issued and 'Intercon....................Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Post & TeleÂcommunications and others......Respondents Judgment August 25, 2005 Cases Referred to- Dip Narain Singh vs Nayasher Prased and others, AIR 1930 (All) 1 (FB); Kalavagunta Venkata K....... The aforesaid proposition finds support in the case of Janu Salt vs Ramaswami Naidu reported in AIR 1923 Madras 626. In the said case the defendant, under the terms of his licence, was forbidden to sell his rice to other wholesale merchants in the port on entry than those who were approved by the ..Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331
Shafiuddin Vs. Samir Bhuiyan and others, 2005, 34 CLC (HCD)
....ate from those of the members and/or directors constituting such company. Share holders and directors are liable only to the extent of the shares they held in the company unless for any other special agreement and/or contract undertaking to pay any debt of the company. Secondly, liability of a guara......p;………………………….Opposite Parties Judgment July 13, 2005. Result: The Petition is dismissed. Cases Referred to- Warish Miah Vs. Bangladesh, 1989 BLD 212 = 41 DLR 51; Nur Mohammad Vs. Badruddoza Chowdhur......he Rule is hereby recalled and vacated. Election petition is dismissed. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 553. ..Category: Civil Law, Election Law | Date: 13 Jul, 2005 | Hits: 7
Pushpa Rani Saha Podder Vs. Rash Mohan Saha, 2005, 34 CLC (AD)
....e is that he transferred the property to his wife Kumudini Saha by a will. It is not disÂputed that the will has not been probated. The plaintiffs' further case is that Kumudini Saha entered into an agreement for sale of the suit property to the plaintiff Nos. 1 and 2 for Tk. 1600/- and on receipt ......sed by a Single Bench of the High Court Division in Civil Revision No. 1244 of 1987 discharging the Rule. 2. Short facts are that the subject matter of the dispute is a parcel of land with a two stoÂried building which belonged to one RajeshÂwar Saha, father of defendant No. 1 and maÂternal u......or speÂcific performance of a contract for sale in reÂspect thereof. 3. The case of the plaintiffs, in brief, is that on 23.05.1965 Kumudini Saha entered into a contract with the plaintiffs to sell the suit property for a consideration of Tk. 1600/- and received a sum of Tk. 1500/- as earnest..Category: Property Law | Date: 4 Jul, 2005 | Hits: 127
Md. Abu Aslam Advocate Vs. Rajshahi University and others, 2005, 34 CLC (HCD)
.... that I am in quite agreeÂment with the aforesaid rulings that the maintainability of the suit is a matter to be decided in the main suit on merit on trial and not in the interlocutory matter. In agreement with the aforesaid ruling it is a suffice to say that I find the suit prima facie mainta...... Result: The Rule is made absoÂlute. The question of maintainability of the suit should be decreed in the main suit on merit after taking evidence on trial and not in the interlocutory matter.………………………..(18) Humanitarian consideration and emotional thought......t Judge, 2nd Court, Rajshahi in Miscellaneous Appeal No.50/2004 is hereby set aside and that of the trial Court is afÂfirmed. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 5. ..Category: Procedural Law | Date: 25 Jun, 2005 | Hits: 7
Swapon Kumar Gain Vs. Amita Golder, 2005, 34 CLC (HCD)
....ff and the defendant. I have already noticed that the defendant did not deny or challenge the factum of marriage between the plaintiff and the defendant. I am therefore, inclined to take the view, in agreement with the learned District Judge, that a legal and valid marriage took place between the pl......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..……………….Petitioner Vs. Amita Golder………………………………………………..Opposite Party Judgment June 25, 2005. Cases Referred to- Amullya Chandra Modak petitioner vs. State, 55 DLR 160, Nelly Zaman vs. Giasuddin Khan, 34 DL......ed Advocate for the petitioner further submits that, his client has duly paid the monthly amount of Taka 800 up to the months of March, 2005. Ed. This Case is also Reported in: 58 DLR (2006) 26...Category: Family Law | Date: 25 Jun, 2005 | Hits: 237
Mahmuda Begum and others Vs. Chairman, First Court of Settlement and others, 2005, 34 CLC (HCD)
.... No.3 entered into a contract for sale of the case property with the original petitioner Md. Atiqullah (since deceased) for a consideration of Taka 10,000 only On the date of execution of the deed of agreement on 27-12-1970, Md. Atiqullah paid a sum of Taka 4000 only to the respondent No.3 by way of......¦Petitioners Vs. Chairman, First Court of Settlement and others…………………………Respondents Judgment May 25, 2005. Result: The Rule is made absolute. Cases Referred to- Secretary, Ministry of Works and others Vs. Kazi Ashrafuddin Ahmed, 55 DLR (AD) 16; Secretary......dent No.2 is directed to exclude the said case property from the aforesaid 'Ka' List of abandoned buildings within 60 days from date. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 247. ..Category: Property Law | Date: 25 May, 2005 | Hits: 33
New Zealand Milk Brands Ltd. Vs. Sanowara Dairy & Industries Ltd. and another, 2008, 37 CLC (HCD)
.... Bonlac Foods Limited were at one time all in concert with opposite party No.1 inasmuch as they have been doing business together supplying the market in Bangladesh with milk powder under the various agreements which they entered, in particular the Agency Agreement in this case, which dates back to ......BLD (HCD) (2010) 24. ...... It so transpired that Unilac Australia Pty. Ltd. entered into an Agency Agreement on 1.7.1986 with M/s. Sanowara Corporation, represented by its proprietor Mr. Nurul Islam to promote, distribute and sell in Bangladesh products manufactured by Unilac Australia (Annexure-'B'). Subsequently, U..Category: Intellectual Property Law | Date: 21 May, 2005 | Hits: 187
State Vs. Md. Mominul, Md. Kalam, A. Rouf & A. Sabur, 2005, 34 CLC (AD)
.... or their continuance. It has, however, been contended that the allegations made in the First Information report do not constitute the offence alleged against the appellants, specially in view of the agreement between the Firm and the Coal Controller. This contention has no force in view of the fact...... Md. Abdus Sabur and another (In Criminal Appeal No. 7 of 1999)………………..Respondents Judgment May 16, 2005. Cases Referred to- Abdul Quader Vs. State, 28 DLR (AD) (1976)38, Ghulam Muhammad Vs. Muzammel Khan, P...... the accused-respondents in the case are hereby set aside and the accused respondents are directed to appear before the trial Court to face the trial in accordance with law. Ed. ..Category: Criminal Law | Date: 16 May, 2005 | Hits: 105
Afzalul Haque (Md.) and others Vs. Md. Abdur Razzaque, 2005, 34 CLC (HCD)
....aint. 3. The case of the plaintiff-petitioner is that the defendant being a furniture merchant took lease of the suit premises from the plaintiff to use it as a showroom and accordingly, an agreement was signed on 27-2-1979 between the parties and the monthly rent was fixed at Taka 150 and...... May 4, 2005. Result: The Rule is made absolute. Under section 115(1) of the Code of Civil Procedure, the High Court Division, in exercise of its revisional jurisdiction, is competent to interfere with the Judgment of Court below only when there is a misreading and non-consideration ......landlord petitioners. Send down the lower Court's record with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 185. ..Category: Tenancy Law | Date: 4 May, 2005 | Hits: 25
Bangladesh rep. by the Ministry of Works & ors Vs. Nasima Khatoon and others, 2005, 34 CLC (AD)
....lly belonged to Shamsuddin Ahmed consisting of 144 sq. yds. of land which was given on lease to him for a period of 99 years and on which he built one room. In compliance with the registered standard agreement for lease dated 5‑4‑1960 Shamsuddin Ahmed paid the entire premium to the Gover...... CJ MA Aziz J Amirul Kabir Chowdhury J Bangladesh represented by the Ministry of Works & ors …...... Appellants Vs. Nasima Khatoon and others...................Respondents Judgment May 4, 2005. ......;1972. The Court of Settlement dismissed the case of the writ respondents holding, inter alia, that the writ petitioners failed to produce any paper to show that the original lessee acquired right to sell the property after payment of the entire premium to the Government but from annexure‑M (1..Category: Property Law | Date: 4 May, 2005 | Hits: 115
....
Ghosh Street, Armanitola , Dhaka to its owners within 4(four) months from the
date of receipt of this order of this Court.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008)
73. ......h, Represented by the Secretary, Ministry of Education and others…………………….Respondents
Judgment
May 3, 2005.
Result:
The Rule is made
absolute.
Case referred to-
Porimol Kumar Dey and others Vs. D.C.
Bakerganj and others,
19 DLR 210.
Lawyers Invo......f the land and building but to no effect. The respondents have not
issued any order of requisition and acquisition for acquiring the land and
building of the said holding and now they are trying to sell out the building
and most illegally the respondents have issued an auction notice dated
18.5...
Category: Property Law | Date: 3 May, 2005 | Hits: 3
Montu and others Vs. State, 2005, 34 CLC (HCD)
....he number of witnesses but quality of witnesses. Conviction can be based on the evidence of a single evidence if it is found reliable and trustworthy. The direct evidence of P.W.3 which is in general agreement as to material circumstances is sufficient enough to convict the accused‑petitioners. ............Petitioners Vs. State...................................................Opposite Party Judgment April 20, 2005. Result: The Rule is discharged. Cases Referred to- Mohammad Ali and others Vs. State, 37 DLR 261;Nilkanta Ghose Vs. Afiruddin, 9 DLR 586; Bima......n dated 23‑5‑2004 passed by the learned Magistrate, First Class, Tangail is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 504. ..Category: Criminal Law | Date: 20 Apr, 2005 | Hits: 1
Bangladesh rep. by Sec., Ministry of Works Vs. Mojibur Rahman and others, 2005, 34 CLC (AD)
....nts Judgment March 27, 2005. The Specific Relief Act, 1877 (I of 1877), Section 42 The plaintiff was in possession after the agreement for sale which was entered into on 10-7-1969 and he could defend his possession against ......27, 2005. The Specific Relief Act, 1877 (I of 1877), Section 42 The plaintiff was in possession after the agreement for sale which was entered into on 10-7-1969 and he could defend his possession against anyone except the real owner…&he......9-1969. In terms of the agreement the plaintiff will set apart Taka 16,000 for repayment of loan taken from the House Building Finance Corporation and pay Taka 59,000 i.e. the remaining amount to the seller who will deliver possession of the property within seven days of the conclusion of the contra..Category: Property Law | Date: 27 Mar, 2005 | Hits: 101
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