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Hajee Abul Hossain and others Vs. Md. Amjad Hossain and others, 2010, 39 CLC (AD)
....Baksha and others they have had no possession therein. The appellants deed are forged and collusive. 5. The learned Subordinate Judge on consideration of the evidence on record decreed the suit in part declaring the appellants title in respect of .11 acres of land on the reasonings that they acqu......it was not an out and out sale; it was a conditional sale to reconvey the same and that P.Ws. 3 and 4 supported the appellants claim that Altaf Hossain got back this piece of land from his brother on payment of Tk.500/-and thereupon Amjad Hossain delivered the original deed and then Altaf Hossain so......le in the suit lands. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 436, 15 MLR (AD) (2010) 485, 8 LG (AD) (2011) 10...Category: Property Law | Date: | Hits: 36
Janata Insurance Company Ltd. Vs. M/s. Islam Steel Mills Limited and another, 2010, 39 CLC (AD)
....sk of fire, cyclone and flood. M/s. Islam Still Mills Limited instituted Money Suit No. 45 of 1994 for recovery of Tk. 28,03,624.16 on the averments that it had various items of machineries and spare parts lying in the mill's premises and insured those articles with the defendant under an insurance ......age under this policy and shall claim that as to the Mortgagor or Owner no liability therefore existed, the Company shall become legally subrogated to all the rights of the Bank to the extent of such payment but not so as to impair the right of the Bank to recover the full amount of any claim it may......, the learned senior Counsel appearing for the defendant argued that since the insurance policies having been taken out by the Banks in respect of the goods which were mortgaged to it as security for loans, the claim under the insurance policies could only be made by the Banks, and thus the plaintif..Category: Business or Commercial Law | Date: | Hits: 212
Md. Mominul Islam Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (AD)
.... is for leave to appeal against the judgment and order dated 05.07.2009 passed by the Administrative Appellate Tribunal, Dhaka, allowing the Administrative Appellate Tribunal Appeal No. 60 of 2005 in part thereby the judgment and order passed by the Administrative Tribunal, Dhaka, in Administrative ......aid facts and circumstances of the case, we do not find any merit in the leave petition. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 474.......aid facts and circumstances of the case, we do not find any merit in the leave petition. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 474...Category: Administrative Law | Date: | Hits: 192
Azim vs. Naim Ara Begum, 2003, 32 CLC (HCD)
....d by the learned Judge of the Small Causes Court and Subordinate Judge, 3rd Court, Dhaka in SCC Suit No. 3 of 1995. 2. The relevant facts, necessary for disposal of the Rule, are that the opposite party No.1 instituted the above noted SCC Suit against the petitioner (defendant) for eviction of mo......ly rent under section 19(1) of the Premises Rent Control Act, 1991. In that case, the learned Assistant Judge, refused to accept rent with the finding that he had already become a defaulter in making payment of rent. So, it is submitted that there is no ground to assail the impugned judgment in this...... dischareged without any order as to costs. The stay order passed in connection with the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 158. ..Category: Property Law | Date: | Hits: 28
Nasir Howlader Vs. State, 2004, 33 CLC (HCD)
....e head and quickly left the place of occurrence and took shelter in the house of one Delwar Hossain Howlader. Thereafter, deceased immediately was taken to the hospital for treatment but in the early part of following day i.e. on 7‑2Â-1995, victim succumbed to his injuries. In the meantime, polic...... Judge, Bagerhat is hereby affirmed. Let a copy of this judgment along with lower court's record be sent to the concerned court at once. Ed. This Case is also Reported in: 56 DLR (2004) 151. ...... Judge, Bagerhat is hereby affirmed. Let a copy of this judgment along with lower court's record be sent to the concerned court at once. Ed. This Case is also Reported in: 56 DLR (2004) 151. ..Category: Criminal Law | Date: | Hits: 30
Abul Kashem and others Vs. State, 2003, 32 CLC (HCD)
....ant land as indicated by letter A. There has thus been a contradiction with regard to the location of the place of occurrence. (5) Since the eye‑witnesses, PWs 2 and 3, are highly interested and partisan witnesses as they are close relations of the deceased Chairman and the informant in this ca......thwith. Convict appellant Anwar Hossain Pintu alias Anwar Hossain may therefore; be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 132.......thwith. Convict appellant Anwar Hossain Pintu alias Anwar Hossain may therefore; be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 132...Category: Criminal Law | Date: | Hits: 39
State Vs. Mir Hossain alias Mira and others, 2003, 32 CLC (HCD)
....mgir remained in abscondence after the occurrence which was very important circumstantial evidence that he was involved in the murder and it reflected his mens rea. There was no earthly reason on his part to remain absconding if he was not a culprit. Accused Alamgir was involved in the murder of Rok......sed upon the convict appellants is altered to that of imprisonment for life. Convict-appellants are, also, to pay fine of Taka 3,000 each and suffer imprisonment for six (6) months more in default of payment of fine. 51. In view of the discourse made above the following orders are recorded: A.......But Judgment of Conviction for the offence of sections 302/34 of the Penal Code is maintained. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 56 DLR (2004) 124...Category: Criminal Law | Date: | Hits: 31
Serajul Islam Bhuiyan (Md) Vs. Bangladesh Water Development Board & others, 2003, 32 CLC (HCD)
.... that all these were done in the interest of work of the Board and, as such, the Rule Nisi issued, is liable to be discharged. 8. We have heard the learned Advocates appearing on behalf of all the parties, and perused the materials on record including the writ petition with Annexures, supplementa......grachari to Rangamati Operation and Maintenance Division is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 120.......grachari to Rangamati Operation and Maintenance Division is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 120...Category: Employment/Service Law | Date: | Hits: 77
Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....transfer the said licence to ETV Ltd should not be declared to have been entered into and granted unlawfully and without lawful authority and to be of no legal effect. Subsequently, after hearing the parties the Rule was made absolute on 27‑3‑2002. Being aggrieved by the aforesaid Judgment and o......ut 70 lac taka every month to maintain the machineries worth about Taka 90 crore. The interest of the bank loan has been accruing every day and the bank account of the Company has been frozen for non payment of instalments. ETV Limited is under the control and management of a new authority and had n......on in accordance with law. Ever since the closure of ETV the petitioner has been spending about 70 lac taka every month to maintain the machineries worth about Taka 90 crore. The interest of the bank loan has been accruing every day and the bank account of the Company has been frozen for non payment..Category: Information Technology Law | Date: | Hits: 230
Salauddin Jamil Vs. Amjad Ali Khan and another, 2004, 33 CLC (HCD)
....‘9‑2001 passed by Subordinate Judge (Court No. 3) at Dhaka in Title Suit No. 182 of 2000, which rejected an objection to the award filed in Court. 2. It is stated that on 29‑11‑2000 opposite party No. 1 made an application under section 14(2) read with section 17 of the Arbitration Act, 194...... with cost. Order of stay granted at the time of issue of file Rule on 19‑1‑2001 is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 87. ...... with cost. Order of stay granted at the time of issue of file Rule on 19‑1‑2001 is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 87. ..Category: Alternative Dispute Resolution | Date: | Hits: 161
Arif Iftekhar Ali and others Vs. Sekandar Ali Hawlader, 2002, 31 CLC (HCD)
....st order No. 10 dated 8‑10‑2001 passed by Joint District Judge, Court No. 1 at Gazipur in Miscellaneous Case No. 26 of 2001, which allowed a prayer for inspection of the suit land. 2. Opposite party as plaintiff on 8‑8‑2001 instituted Title Suit No. 145 of 2001 against the defendants for ......lled and vacated, learned Joint District Judge is directed to proceed expeditiously with the proceedings pending before him. Communicate. Ed. This Case is also Reported in: 56 DLR (2004) 82. ......lled and vacated, learned Joint District Judge is directed to proceed expeditiously with the proceedings pending before him. Communicate. Ed. This Case is also Reported in: 56 DLR (2004) 82. ..Category: Property Law | Date: | Hits: 26
Akhteruzzaman Chowdhury Vs. Hamidul Huq, MD, UCBL and another, 2003, 32 CLC (HCD)
....mood, Senior Advocates‑For Contemner‑Opposite. Parties. Contempt Petition No. 3 of 2003. Judgment Syed Amirul Islam J.- This contempt Rule was issued calling upon the contemner opposite parties to show cause as to why they shall not be committed for contempt of Court for dishonoring, d......ne amounting to Taka 2000 to be paid within one month from date, in default, each of them to suffer simple imprisonment for 15 (fifteen) days. Ed. This Case is also Reported in: 56 DLR (2004) 73.......ne amounting to Taka 2000 to be paid within one month from date, in default, each of them to suffer simple imprisonment for 15 (fifteen) days. Ed. This Case is also Reported in: 56 DLR (2004) 73...Category: Banking Law | Date: | Hits: 158
Jalal Uddin and others Vs. State, 2003, 32 CLC (HCD)
....he deceased Babul on hearing alarm raised by said Abdul Kadir reached there when the accused-appellants along with others beat him right and left with 'Bolchhira', Ram-dao, Kurhal', etc. on different parts of his body. The informant was also beaten by the accused when he went to rescue his brother's...... was passed thereunder. 2. The prosecution case, in brief, is that Solema, the step‑sister of the informant, was married with accused-appellant Helaluddin with whom a civil case took, place over payment of Mohor money and maintenance for which accused Helal along with his two other brothers (ap...... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 69...Category: Criminal Law | Date: | Hits: 28
Dulal Mia (Md) Vs. State, 2003, 32 CLC (HCD)
....th when she went to the pond for her bath. He claimed that the Daroga prepared inquest report of the dead body of the deceased in his presence and claimed to have seen different injuries on different parts of her body, such as below the left ear and left hand. He denied the defence suggestion that t......pellant was not satisfied with the dowry so paid to him by the mother of the deceased from time to time inasmuch as he was in habit of torturing the deceased for more dowry and in view of the alleged payment of dowry the prosecution has come with an allegation that the amount so paid was procured by...... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 65...Category: Criminal Law | Date: | Hits: 88
Standard Bank Ltd. Vs. Tripos Engineering & Trading Company (GD) and others, 2003, 32 CLC (HCD)
....ilar orders, by which applications of the plaintiffs for temporary injunction were rejected and earlier order of status quo vacated. As the issues raised in both the Rules are the same and contesting parties are common, both the Rules were heard together and now disposed of by this order. 2. On 8......former Rule as plaintiff instituted Title Suit No. 337 of 2001 in the Sixth Court of Assistant Judge at Dhaka against the petitioner, the Standard Bank and others for a decree of declaration that any payment by virtue of back to back letters of credit as described in the schedule to the plaint to be......is directed to make the payment under the letters of credit in question to the Premier Bank without any further delay. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 55...Category: Civil Law | Date: | Hits: 100
Noor Mohammad Vs. Md. Noor Hossain & another, 2002, 31 CLC (HCD)
....o show cause as to why the impugned order dated 8‑2‑2000 and 10‑2‑2000 respectively passed by the Assistant Judge, 5th Additional Court, Dhaka in Title Suit No. 8 of 1999 allowing addition of party should not be set aside. 2. The petitioner as plaintiff instituted Title Suit No. 49 of 199...... and was renumbered as title Suit No. 8 of 1999. The plaintiff alleged that the defendant No. 1 is a tenant under the plaintiff at a monthly rental of Taka 2000 and subsequently became a defaulter in payment of monthly rent. 3. The defendant No. 1 (opposite party No. 1 herein) contested the suit ...... Title Suit No. 238 of 2000 now pending in the Court of the 4th Additional Assistant Judge, Dhaka is vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 53. ..Category: Tenancy Law | Date: | Hits: 171
Quazi Faruque Ahmed Vs. M. A. Wadud and others, 2010, 39 CLC (AD)
....This petition for leave to appeal arose from the judgment and order dated 11th August, 2009 of a Single Bench of the High Court Division in Civil Revision No. 2323 of 2009 making the rule absolute in part. 2. Facts relevant for the disposal of this petition are that the petitioner instituted Titl......f the High Court Division shall remain in force till disposal of the suit. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 467.......f the High Court Division shall remain in force till disposal of the suit. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 467...Category: Civil Law | Date: | Hits: 75
Government of Bangladesh Vs. A.B.M. Siddique Mia, 2010, 39 CLC (AD)
....ng payment of attended service benefit to the respondent despite of challenging the memo dated 31st December, 1996 which being merely a letter to supply his service book, if preserved, along with the particulars of his service period and secondly, whether in the absence of special circumstances dete...... Administrative Appellate Tribunal was justified in declaring the respondent be deemed to be in active service with effect from the date of his alleged joining on 27th December, 1971 and in directing payment of attended service benefit to the respondent despite of challenging the memo dated 31st Dec......ore, merit in this appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 460, 8 LG (AD) (2011) 6, IX ADC (2012) 201. ..Category: Administrative Law | Date: | Hits: 229
Karam Ali Vs. State, 2001, 30 CLC (HCD)
.... informant and his accompanying police force at about 1-30 PM found 7/8 young men boarding an engine driven-boat in the Shitalakhya river and started moving towards a certain direction. The informant party followed them. When the said boat came near Sonakanda Ghat the informant party tried to stop t......and the Honurable Chairman of the Law Commission of Bangladesh for favour of their kind perusal. Send down the lower Court records at once Ed. This Case is also Reported in: 54 DLR (2002) 378.......and the Honurable Chairman of the Law Commission of Bangladesh for favour of their kind perusal. Send down the lower Court records at once Ed. This Case is also Reported in: 54 DLR (2002) 378...Category: Criminal Law | Date: | Hits: 97
Ali Hossain (Md) and Other Vs. State, 2000, 29 CLC (HCD)
....sional Special Judge was justified in passing the impugned order of conviction and sentence. Findings and decision 13. To appreciate the points raised by the learned Advocate for the contending parties, it is necessary that the material evidence of the case be scrutinized. 14. P.W.1 Binoy K......e amount of the imposed upon him and when there is no way out for realisation of the fine the accused shall have to undergo imprisonment of either description period fixed by the Court in default for payment of fine. There is no option left to the accused to plead that he will undergo further impris...... as practicable and must ensure are that it does not go by lapse, inaction or inertia. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 282. ..Category: Criminal Law | Date: | Hits: 40
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