Search Options
Judgment Advanced Search
Displaying 361-380 of 2021 results.
Shah Newaz Ebne Mostaque & ors. Vs. Shah Alam and others, 2003, 32 CLC (AD).
....ot hit by Article 181 of the Limitation Act. The impugned judgment and order was therefore held to be not legally sustainable by the High Court Division. 5. We are in agreement with the judgment of the High Court Division that the Execution Case No. 70 of 1964 having...... The Limitation Act, 1908 (IX of 1908), Article 181 As the execution case was pending, it was not hit by Article 181 of The Limitation Act and it is the duty of the court to proceed with the same suo muto and the decree holder is not required to file an application to p...... The petition is therefore dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 69. ..Category: Procedural Law | Date: 4 Mar, 2002 | Hits: 99
Monzur Alam (Md) Vs. State and another, 2003, 32 CLC (AD).
..... 3. On 24-6-1999 the accused petitioner filed Title Suit No. 129 of 1999 before the Court of Subordinate Judge, 4th Court, Dhaka challenging the validity of an agreement and praying for a declaration that the deed of agreement and the memorandum of understandi......t No. 2 (In Criminal Petition No. 167 of 2001). Not Represented-Respondent No. 1 (In all the cases) Criminal Petition for Leave to Appeal Nos. 165-167 of 2001. (From judgements and orders dated 8-8-2001 pas...... All the three petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 62. ..Category: Business or Commercial Law | Date: 13 Feb, 2002 | Hits: 124
Mozibul Huq Vs. Chairman, 1st Labour Court and others, 2003, 32 CLC (AD).
....of the High Court Division in Writ Petition No. 738 of 1999. 2. The petitioner is an employee of Bangladesh Railway who was appointed as a substitute on 26‑1‑1987. An agreement between the Secretary Railway Division and Railway Sramik Karmachari was signed according ...... The Administrative Tribunal Act, 1980 (VII of 1981) Sections 2 & 4 The Administrative Tribunal Act, 1980 shall have exclusive jurisdiction to determine the petitioners application in respect of terms and conditions of his service…......Division. The leave petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 91. ..Category: Administrative Law | Date: 6 Feb, 2002 | Hits: 123
Abdul Rashid Vs. Santi Bhusan Deb and others, 2003, 32 CLC (AD).
....usin Nitai Chandra Deb and 3 others to the plaintiffs, the plaintiffs agreed to purchase the proposed lands and the price of the same was fixed at Taka 1,32,000 only; both the parties entered into an agreement. The agreement dated 8‑4‑1993 was executed and registered in the sub‑reg......ed, can not be changed without hearing the parties invoking jurisdiction under section 152 (CPC) or review on specific grounds under Order XLVII rule I of The Code of Civil Procedure giving notice to the parties to cause any alteration, addition and modification in the judgment……&h......ntract. 2. Facts relevant for disposal of this Rule are that the respondents being the owners and possessors of the schedule land comprising of 1.02 acres proposed to sell the same along with 0.42 acres of land belonging to their cousin Nitai Chandra Deb and 3 others..Category: Property Law | Date: 26 Jan, 2002 | Hits: 100
Shankar Lal Das Vs. Janata Bank and others, 2001, 30 CLC (HCD)
....he judgment debtor, the execution will only proceed to recover the amount in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 371. ......……….Petitioner Vs. Janata Bank and others... Opposite Parties Judgment November 18, 2001. Result: The Rule is made absolute without any order as to costs. Cases Referred to- Bank of Dacca Ltd. vs. Gour Gopal Saha, AIR 1936 Calcutta 409......ily and the Bank might have earned about Taka 40,46,000 during the period. The amount was far greater than the decretal debt. Yet the Bank was not returning the trucks. Rather, the Bank was trying to sell the trucks and the landed properties mortgaged. At the time, the price of Truck—Mymensing..Category: Banking Law | Date: 18 Nov, 2001 | Hits: 146
Islami Bank Bangladesh Ltd. Vs. Md. Habib & ors., 2003, 32 CLC (AD).
....ream Powder Milk. Respondent No. 1 stood guarantor for the loan. The cartons containing the said imported goods were kept in the godown owned by another accused Mohammad Islam. There was a tripartite agreement among the Bank, the importer and the godown owner with the conditions amongst other that t...... Penal Code, 1860 (XLV of 1816) Section 109/111 No distinction between 'principal in the first degree' and 'principal in the second degree.' Under section 111 of the Penal Code an abettor is liable for a different act if that was probable consequence of the abetment……&......ment and order as aforesaid are set aside. The aforesaid criminal proceedings shall continue against all the accused including the respondent Nos. 1 and 2 in accordance with law. Ed. ..Category: Criminal Law | Date: 22 Aug, 2001 | Hits: 95
MA Mazid Vs. Md. Abdul Motaleb, 2001, 30 CLC (HCD)
....wali) now pending in the Court of Magistrate, 1st Class, Dinajpur is hereby quashed. Send a copy of the judgment to the Court concerned. Ed. This Case is also Reported in: 56 DLR (2004) 636. ......te Party Judgment July 3, 2001. Result: The Rule is made absolute. Lawyers Involved: Anisur Rahman Hatem, Advocate ‑ For the Petitioner. Md. Fazlul Haque Chowdhury, Assistant Attorney General ‑ For the Opposite Party ‑State. Criminal Miscellaneous Case No. 2860 of 1999.......n of complaint filed by the complainant-opposite party. The case of the complainant, in short, was that he was the constituted attorney of one Abdul Motaleb. The accused petitioner made a contract to sell some land to Abdul Motaleb at a consideration of Taka 3,50,000 and Abdul Motaleb paid that cons..Category: Banking Law | Date: 3 Jul, 2001 | Hits: 267
Privatisation Board Vs. AK Fazlul Huq & ors., 2003, 32 CLC (AD).
....ment is otherwise legally sustainable, hence on modification of that part of judgment and order of the High Court Division by way of deleting the same the petition is dismissed. Ed. ......he petitioner and other government agencies, the contract did not reach finality but there was no laches on the part of the respondent no. 1 so, the High Court Division committed no error directing to make payment on the findings that the petitioner has breached the contract……&helli......h November, 2000 till the date of payment. 2. Facts, in short, are that petitioner, Privatisation Board, hereinafter in brief the Board, invited International Tender on 27th May, 1997 to sell Kohinoor Battery Manufacturers Ltd at 143145, Tejgaon Industrial Area. The respondent No. ..Category: Business or Commercial Law | Date: 24 Jun, 2001 | Hits: 135
Abdur Rouf Chowdhury Vs. Abdul Hashem (Hashu) and another, 2000, 29 CLC (HCD)
....t and order and accordingly no interference is called for. In the result, the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 458. ......azzul Islam J Abdur Rouf Chowdhury (Md.).……..................Petitioner Vs. Abdul Hashem (Hashu) and another ……........Opposite Parties Judgment October 17, 2000. Result: The Rule is discharged. Cases Referred To- MM Hossain ......t the suit land, which consists of 54 decimals of land in CS Plot No.73 of CS Khatian No.70 of Mouza Uttar Adabor PS Mohammadpur, Dhaka, was owned by Mr. MS Islam who by baina dated 15-4-80 agreed to sell the Suit land along with other lands to Mr. Mohshahid Ali Chowdhury, the father of the plaintif..Category: Property Law | Date: 17 Oct, 2000 | Hits: 136
Fazlur Rahman and Co. (Pvt.) Ltd. Vs. Agrani Bank and others, 1999, 28 CLC (HCD)
....t the respondent No.1. But the question is, whether a contractual obligation, conceding for the sake of argument that acceptance of the decision of the Bank by the petitioner to waive interest was an agreement, can be enforced by a writ of mandamus. Under the provision of Article 21 of President’s......€¦â€¦â€¦â€¦.Petitioner Vs. Agrani Bank and others.................................Respondent Judgment April 28, 1999. Result: The Rule is discharged. Cases Referred to- Conforce Ltd. Vs. Titas Gas Transmission and Distribution Ltd., 42 DLR 33; Sharping Matshay......no merit in this Rule. In the result, the Rule is discharged without an order as to costs. Order of injunction stands vacated. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 350...Category: Banking Law | Date: 28 Apr, 1999 | Hits: 500
Lutful Karim and others Vs. Shahidullah and others, 1999, 28 CLC (AD)
....he learned Advocate .The review petitions are also barred by thirteen days consequently both the review petitions are dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 311. ......itions are also barred by thirteen days consequently both the review petitions are dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 311. ......herag Ali was impersonated as the vendor and the predecessor of the defendants Salamat ullah was impersonated as the vendee of the impugned kabalas. The predecessor of the plaintiffs never offered to sell the disputed kabala lands to the predecessor of the defendants. The disputed kabalas do not con..Category: Procedural Law | Date: 4 Feb, 1999 | Hits: 7
Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,
....by a few individuals was considered even by the Muslim Jurists as dangerous. They, therefore, preferred the exercise of the judgment by the consensus of opinion of the majority of the Mujtahids or an agreement of the Muslim Jurists of a particular age on a question of law. It was perhaps correct for......ellip;……… Respondents Judgment December 3, 1998. (i) Muslim Law-Divorce and Maintenance-Meaning of ‘Mataa’ Per A.T.M. Afzal CJ: Mataa is something to which a divorced woman is entitled and which the former husband is under an obligation to pay see......ppeal. I would therefore refrain from expressing any opinion thereon. Accordingly, I too would allow the appeal. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 172. ..Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262
Dipak Kumar Roy @ Kazal Vs. State, 1998, 28 CLC (HCD)
....said Act as thesame was repugnant to the subject or context in the following words "We will say that if a fresh demand for dowry is made after solemnisation of marriage about which there was no prior agreement and which demand does not fall strictly within the definition of dowry in section 2, then ......€¦.....Petitioner Vs. State.....................................................Opposite Party Judgment June 7, 1998. Result: The Rule is discharged. Cases Referred to- Abul Bashar Howlader Vs. State, 46 DLR (AD) 169; Mihir Lal Saha Poddar Vs. Zhunu Rani Saha,......and order of stay stands vacated. Communicate the order to the Court below to proceed with the case in accordance with the law. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 603. ..Category: Women and Children | Date: 7 Jun, 1998 | Hits: 76
Lutful Karim and others Vs. Shahidullah and others, 1998, 27 CLC (AD)
....session has been erroneously not decided by the lower appellate court. For the above reasons, these petitions are dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 84. ......Sharifuddin Chaklader, Advocate-on-Record—For Respondent No.1 (In both the Petitions). Not represented—Respondent Nos.2-17 (In both the Petitions). Civil Petition for Leave to Appeal Nos.57 and 58 of 1998. (From the judgment and order dated 19-8-97 passed by the high ......harag Ali was impersonated as the Vendor and the predecessor of the defendants Salamat Ullah was impersonated as the Vendee of the impugned kabalas. The predecessor of the plaintiffs never offered to sell the disputed kabala lands to the predecessor of the defendants. The disputed kabalas do no..Category: Civil Law | Date: 15 Mar, 1998 | Hits: 5
Bangladesh Moktijoddah Kalyan Trust rep. by MD Vs. Kamal Trading Agency & others. 1997, 26 CLC (AD)
.... was yet to take a decision and the plaintiff’s tender was pending, which is the case of the defendant, knock the bottom out of plaintiff suit for specific performance of contract, for there was no agreement which was enforceable by law…………………(32 & 34) Cases Referred to- ...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Moktijoddah Kalyan Trust represented by the Managing Director…………………Appellant Vs. Kamal Trading Agency and others……………..........82 at a token price of Taka 1.00 (one) only. Respondent No.1 attorned as the tenant of the appellant at a monthly rent of Taka 10,000.00. 2. Having learnt about the decision of the appellant to sell the suit holdings, respondent No.2 by a letter dated 24-12-1985 informed the appellant that he ..Category: Contract Law | Date: 6 Nov, 1997 | Hits: 292
Nurunnahar Begum and others Vs. Government of Bangladesh, Dhaka and another, 1997, 26 CLC (HCD)
....1985). 3. It appears that the property in question originally belonged to Mr. Shawkat Sadullah as the lessee of the property vide registered lease deed dated 13‑5‑1965. He entered into an oral agreement for sale of the property in question to the petitioner Nos.1 and 2 and obtained permission......tioners. No one ‑ For the Respondents. Writ Petition No.333 of 1992. Judgment Kazi Ebadul Hoque J.- This Rule was issued at the instance of five petitioners calling upon the respondents to show cause as to why inclusion of their House No.50, Road No.3, Block No.SW(H)‑2 Gulshan Model ......wful authority and of no legal effect and respondent No.1 is directed to exclude the said house of the petitioners from the said list. Ed. This case is also Reported in:49 DLR (HCD) (1997) 432. ..Category: Property Law | Date: 24 Jun, 1997 | Hits: 22
Akbar Hossain Khan (Md.) and another Vs. Md. Awlad Hossain Khan and another, 1997, 26 CLC (HCD)
....ee was passed against them, their application under Order 9 rule 13 CPC must be filed within 30 days from the date of the ex parte decree and not from the knowledge of such decree. I am in respectful agreement with the principle of law laid down by the superior Courts of the Sub‑continent and I mu......in Khan and another……………………Opposite Parties Judgment June 17, 1997. Result: The Rule is made absolute. Cases Referred to- Netai Sikari and others Vs. Sashi Bhusan Biswas and others, 13 DLR 225; Zohara Begum Vs. Ra......89 is dismissed. The order or stay granted earlier by this Court is hereby vacated. Send down the LC records at once. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 561. ..Category: Tenancy Law | Date: 17 Jun, 1997 | Hits: 126
Bangladesh Air Service (Pvt) Ltd. Vs. British Airways PLC., 1997, 26 CLC (AD)
....not enforceable in Bangladesh. Elaborating his submissions Khandker Mahbubuddin Ahmed, learned Counsel for the appellant, submits that there are two parts in clause 14, namely, (i) an agreement between the parties to arbitration; and (ii) such arbitration shall be governed by the Ar......nt Vs. British Airways PLC ……………………............Respondent Judgment May 8, 1997. Result: The appeal is not allowed. Cases Referred to- MA Chowdhury Vs. Mitsui OSK Lines Ltd. 22 DLR (SC) 334; Rabindra N. Maitra Vs. Life I......ted from the on this question of public policy but those are unnecessary for the primary point in issue in the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 187. ..Category: Contract Law | Date: 8 May, 1997 | Hits: 267
....tion-10 Mirpur Housing Estate (Holding No.10-B, 11/8- Mirpur, Dhaka within 4 (four) months from date.
There is no order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 148....... the Secretary, Ministry of Works and others……….Respondents
Judgment
March 13, 1997.
Lawyers Involved:
Salimullah, Advocate—For the Petitioner.
Md. Serajul Huq, Assistant Attorney-General—For Respondent No. 1.
Writ Petition No. 786 of 1991.
Judgment
Md. Ruhul ...... in unauthorised occupation of one Mazahar Ali, Government served notice upon him the and thereupon he on payment of rent is in the possession of the property and that Government having made offer to sell the property the said Mazahar Ali had paid 20% of the consideration money. It has also been con..
Category: Property Law | Date: 13 Mar, 1997 | Hits: 31
....ine or similar periodical under a contract of service or apprenticeship for the purpose of publication in a newspaper, magazine or similar periodical, the said proprietor shall, in the absence of any agreement to the contrary, be the first owner of the copyright in the work in so far as the copyrigh......
Suraiya Rahman………………….………Petitioner
Vs.
Skill Development for Underprivileged Women represented by its Project Director and ors…………………………...Respon......the petitioner and registration of copyright in favour of the respondent No.1 in respect of the remaining 19 designs is upheld.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 222.
..
Category: Intellectual Property Law | Date: 9 Dec, 1996 | Hits: 218
19319020119942191766637172462074738561748827487134918459785256841117822