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Debendra Kumar Saha & another Vs. Uttara Bank Ltd, 2003, 32 CLC (HCD)
....no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ......d asked the defendants to vacate the premises. 4. The defendant-petitioners contested the suit by filing written statement wherein they denied the plaint case and their specific case is that the disputed premises were let out to them on yearly basis from 1950 AD by the then landlord Girish Chan..Category: Tenancy Law | Date: 12 Aug, 2003 | Hits: 3
Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)
....d any merit in the submissions of the learned Counsel for the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: ......national Banking Corporation, Dhaka, Meanwhile the Ministry of Works by its letter dated 23‑10‑1973 informed the tenant, American Embassy not to pay the rents to the absentee owners as there is a dispute with regard to the legal status of the house. In such situation Major (Retd.) Mahmud Kamal, ..Category: Immigration and Citizenship Law | Date: 8 Jul, 2003 | Hits: 279
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
....in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 515. ...... filed another supplementary affidavit dated 8.4.2002 wherein they have annexed a copy of the Tenancy Agreement entered into between the petitioner and one Brigadier Sharif Aziz to show that the disputed plot of land before its demolition was let out to said Brigadier Sharif Aziz at a rent of T..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
Bangladesh Biman Corporation, represented by MD Vs. Rabia Bashri Irene and others, 2003, 32 CLC (AD)
....n the reasonable expectation of the petitioners that subject to satisfactory performance, they would be absorbed as permanent employees of the Corporation in the light of the past practice and as per resolution of Corporation's Board of Directors at its 174th Board Meeting held on May 8, 1993. It is...... another aspect as regards the matter of discrimination between the writ petitioners and the employees of the Corporation of the writ petitioners' category employed immediately before them. It is not disputed that employees of batch Nos. 1‑27 of the writ petitioners' category although were employe..Category: Employment/Service Law | Date: 30 Apr, 2003 | Hits: 164
Sazzadul Haque Liku (Md.) and others Vs. Sarder Anwar Hossain, 2003, 32 CLC (HCD)
....his Rule is made absolute. The impugned judgment and order is set aside and the plaint is rejected. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 273. ......swas further submits that from the filing of the nomination paper including the setting up of the polling station till the publication of the result in the Gazette fall within the meaning of election dispute and such dispute can only be disposed of under section 26 of the Local Government (Union Par..Category: Civil Law, Election Law | Date: 24 Mar, 2003 | Hits: 2
Abul Hossain (Md) Vs. State, 2003, 32 CLC (AD).
....urt Division 'Further enquiry" is directed to be held. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 125. ......for the purpose of maintaining an upto date record of rights for the state and to ascertain from among several claimants the genuine claimant, who can be given possession of the immovable property in dispute. In sum, its inquiry report lacks finality and authoritativeness of a court as the Revenue o..Category: Property Law | Date: 4 Feb, 2003 | Hits: 80
Abdur Rashid (Md) Vs. LGRD and Cooperatives, Local Government Division and others, 2003, 32 CLC (AD)
....s entitled to discharge duties of the office and that although in the order of suspension it has been mentioned that 10 commissioners out of 12, commissioners of the Pourashava are said to have taken resolution for his removal but, in fact, the same was taken by 5 commissioners since 5 other commiss......egations having been held proved rendering him unworthy of holding the office which he held". 8. The view expressed in the aforesaid reported cases can hardly be disputed or, in other words, there is hardly any reason to take a view different from the views expr..Category: Others | Date: 27 Jan, 2003 | Hits: 89
Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).
....ils and is dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 115. ...... and she also got, compensation for acquisition of some other paternal land and thus from her own source which she acquired from her father's property, she had purchased many properties including the disputed ‘Chaa' schedule land and that while plaintiffs father decided to go to pilgrimage, by..Category: Property Law | Date: 25 Nov, 2002 | Hits: 87
Zyta Garments Ltd. Vs. Union Bank Ltd. and another, 2003, 32 CLC (AD).
....ary and proper party to be added in the suit and find no illegality or infirmity in its judgement calling for our interference. The leave petition is dismissed. Ed. ...... established, a letter of credit is not subject to claims or defences by either the seller or the buyer. The letter of credit is an independent contract and it is not affected by any dispute between the buyer and the seller. The court will not allow interference by outsiders with ..Category: Civil Law | Date: 19 Nov, 2002 | Hits: 169
Asalat Zaman (Md) and others Vs. Government of Bangladesh and others, 2003, 32 CLC (AD).
....as aforesaid with interest at the bank rate till realisation. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 139. ......t of Bangladesh for reconstruction of the railway line damaged, by flood. After the completion of the works the contractor submitted bills for payment which were not finally paid. This gave rise to a dispute. According to the provision of the General Conditions of Contract and Instructions for the G..Category: Alternative Dispute Resolution | Date: 17 Nov, 2002 | Hits: 223
Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation & others, 2002, 31 CLC (AD)
....impugned judgment and do not find any illegality or infirmity with impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) 23. ......hereinafter referred to as the Act and the other one under section 10 of the Act for stay of further proceedings of the suit in view of the arbitration clause in the contract and for reference of the dispute arising out of or in relation to the contract to the Tribunal of Metropolitan Chamber of Com..Category: Alternative Dispute Resolution | Date: 20 Aug, 2002 | Hits: 280
Bux Shipping Line Vs. Bangladesh Water Development Board & others, 2002, 31 CLC (AD)
....alization thereof. The review petition has no merit. Accordingly the same is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 476....... award allowed interest on the awarded amount at the Bank rate of the Sonali Bank till realization from the date of intimation of signing of the award. 2. Facts in the background of which dispute between the parties in the proceeding arose and was referred to the arbitrator need not be ..Category: Alternative Dispute Resolution | Date: 18 Aug, 2002 | Hits: 217
Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)
....nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ......s sent the miscellaneous case to me for hearing and disposal as a Third Judge and accordingly, the Rule has been heard by me on 24-7-2002 and judgment is being delivered today. 4. As there is no dispute as to the material facts involved in the case and my learned brothers in their dissenting ju..Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2
Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)
....at No.2 Jhalakati, in Nari-o-Shishu Case No.40 of 1999 is hereby set aside. Send down the lower Court record expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 527. ......borty on the basis of Halopnama. When the accused appellant was enlarged on bail his father, accused No.2, requested the father and the brother of the informant-victim for settlement of the aforesaid dispute through Salish. Accordingly, it was decided that a salish would be held on 21‑5-1999 at ..Category: Women and Children | Date: 20 Jul, 2002 | Hits: 173
Ibrahim Ali and ors. Vs. State, 2004, 33 CLC (AD)
....the accused there under. Accordingly, the appeal is allowed. The conviction and the sentence of the appellants under sections 468 and 468/109 of the Penal Code are set aside. Ed. ......nts that in the background of the admitted fact that questioned Muktipatra have been executed by the appellant No. 3 and alone, with others of their own by signing their name, to which there is no dispute, in favour of the appellant Nos. 1 and 2 and another and that as there is total absence of ..Category: Criminal Law | Date: 8 Jul, 2002 | Hits: 90
State Vs. Harish, 2002, 31 CLC (HCD)
....emned prisoner Harish is acquitted of the charge and let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 473....... situated in the vacant land of Jabbar. PW1 stated that the house of the accused Harish and Harun are on the western side of his house and the accused Harish and Harun are his relations and there are dispute in respect of trees of the boundary. He saw swelling injury in both hips, left elbow, injury..Category: Women and Children | Date: 2 Jul, 2002 | Hits: 89
Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)
.... judgment of the High Court Division calling for our interference. All the leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 130. ......not have taken on its shoulder the burden to find malafide. It lies on the party who alleges it. 31. The High Court Division committed a serious error of law in adjudicating upon seriously disputed questions of fact in the writ jurisdiction. 32. Dr. Kamal Hossain, the learned Coun..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....imprisonment for a period of one month with a fine of Taka 2000 (two thousand) payable within two months, in default, to undergo further simple imprisonment for a period of one month. Part Two ......rney-General then makes his submission in respect of the case of each of the contemners. He first makes his submission in respect of the case of 'Manabjamin' and contended that it is now an undisputed fact that Mr. Ershad had a telephonic talk with a Judge of this Court and it was recorded i..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
Hobi Sheikh and another Vs. State, 2002, 31 CLC (HCD)
....llants be set at liberty at once, if not wanted in connection with any other case. Send down the case records expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 383. ...... case, as it appears from the trend of cross-examination, is that the accused persons are innocent and they have been falsely implicated in this case out of grudge and enmity. The accused persons had dispute with the son‑in‑law of the informant, in respect of purchasing of a homestead belonging ..Category: Women and Children | Date: 4 May, 2002 | Hits: 83
Gouri Das and ors. Vs. ABM Hasan Kabir and others, 2003, 32 CLC (AD).
....urt Division is not correct inference. In view of the above, the appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 449, 635. ......ied on 29 CWN 138, 128 and 43 CWN 828 to show that if a person is in possession of a land for a very long time, there is a presumption in his favour under section 110 of the Evidence Act. There is no dispute as to the proposition of law. But we are to see whether the facts upon which reli..Category: Tenancy Law | Date: 9 Apr, 2002 | Hits: 148