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United Commercial Bank Ltd. Vs. Rahimafrooz Batteries Ltd. and others, 2000, 29 CLC (HCD)
.... right to challenge such a sale through tender. He further submits that the Government sold the suit property under Bangladesh Abandoned Property (Buildings in the Urban Areas) Rules, 1972. Since the provisions of these rules have been followed the plaintiff is not entitled to have a decree over suc......rised persons at a price fixed by the Ministry without selling it through open tender. So, as per Government policy and the circulars the plaintiff is entitled to purchase the suit holding as he is a lawful lessee with regard to the suit holding. It is further stated that in the matter of policy of ..Category: Tenancy Law | Date: | Hits: 135
Paniraj and Company Ltd. Vs. Bangladesh Shilpa Bank and another, 2000, 29 CLC (HCD)
..... We have heard the learned Advocate and perused the application, the Annexures, affidavit-in-opposition and papers filed before us and we have considered the submissions of the learned advocates and provision of Article 34 of the BSB as well as the Rules framed namely, the Bangladesh Shilpa Bank (D......tar of the Notice to sell the vessel, MV Kadam Rasul belonging to the petitioner by the respondent Bangladesh Shilpa Bank vide Annexure ‘F’ be not declared to have been done illegally and without lawful authority. 2. The facts, in brief, are that the petitioner is a registered Private Company..Category: Admiralty Law or Maritime Law | Date: | Hits: 171
Md. Rafiqul Islam Liton Vs. Noor Mohammad and others, 2010, 39 CLC (HCD)
....arging the obligation of the plaintiff to prove his title and possession in the suit property, but also involved the fact that the suit property is not specific and identifiable as mandated under the provision of Order 7 Rule 3 of the Code of Civil Procedure, 1908. The learned Advocate Mr. Hoque arg......fendant No.2 Samala Bibi, and sister of defendant No.1 Noor Mohammad. P.W.3 Wajuddin is also an attesting witness of the plaintiff’s title deed who is the husband of the P.W.2 Kajol Banu and son-in-law of the defendant No.2 Samala Bibi. On the other hand the defendants examined as many as 4 D.Ws. ..Category: Property Law | Date: | Hits: 74
Mohammad Ali Vs. Government of the People’s Republic of Bangladesh and Others, 2010, 39 CLC (HCD)
....ed appearance, yet he did not prefer any affidavit in opposition. 4. The learned Advocate Mr. Masud Rana Mohammad Hafiz appearing on behalf of the writ petitioner has taken this court through the provision of Section 3(2)(B) of the Primary School (Taking Over) Act, 1974 (Act No. VIII of 1974) an...... Retirement Act, 1974 has no implication upon such rights of the petitioner as the same is not applicable in the case of the petitioner and as such the impugned order was issued on misconstruction of law. 5. The learned Deputy Attorney General Mr. Mujibar Rahman appearing on behalf of the Govern..Category: Employment/Service Law | Date: | Hits: 70
Abul Kalam Vs. State, 2011, 40 CLC (HCD)
....the appellant in jail hajot during the trial, would, however be deducted from his sentence. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......e of the death of his wife. It gives clear indication of his involvement in the occurrence under the facts and circumstances of the present case. 9. By now it is well settled principle of criminal law that if a wife is found dead in custody of her husband and he fails to explain the cause of her ..Category: Criminal Law | Date: | Hits: 58
Md. Nashir Vs. State, 2011, 40 CLC (HCD)
.... to conclude the trial, the learned trial court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ...... to conclude the trial, the learned trial court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 61
Jamuna Television Ltd. and another Vs. Bangladesh, 2010, 39 CLC (AD)
....er the licence required for the broadcasting television programmes is required by law to be granted under section 35 and/or section 55 of the Bangladesh Telecommunication Act, 2001 or whether the provisions relating to licences under the Telegraph Act, 1885 and the Wireless Telegraphy Act, 1933 ......ition denying material allegations made in the writ petition. The substance of their case is that the NOC was issued on certain terms and conditions and subsequently the Government promulgate new law being “বাংলাদেশ টেলিভিশনের জন্য টেরেস্..Category: Information Technology Law | Date: | Hits: 585
State Vs. Shamima Arshad, 2000, 29 CLC (HCD)
....on made above we do not find any substance in this appeal. In the result the appeal is dismissed. Let the records be sent down at once. Ed. This Case is also Reported in: 52 DLR (2000) 617.......es not reappraise evidence unless it is shown that the inference drawn from evidence are perverse and the benefit of doubt that has been given was not in accordance with the established principles of law. 16. By now it is settled that order of acquittal cannot be interfered with by the appellate ..Category: Criminal Law | Date: | Hits: 60
.... certified copy of the plaint (Annexure-A to the petition) and the petition under Order VII rule 11 of the Code (Annexure-B to the petition). The learned Assistant Judge rightly held that neither the provisions of Act 32 of 1989 nor rule 3 of Order XXXIX has got any manner of application in consider......ing required by the Court to supply the requisite stamp-paper within a time to be fixed by the Court, fails to do so.
d) Where the suit appears from the statement in the plaint to be barred by any law.”
The Court can reject a plaint at any stage of the suit if any of the requirement of Rule ..
Category: Civil Law | Date: | Hits: 94
Syed Sad Ali Vs. Bidhan Chandra Dev and others, 1998, 27 CLC (HCD)
....s opened by any of the co-sharers and although allegedly there was an amicable partition between the co-sharer that did not ipso facto split up the joma. 5. In the case reported in 35 DLR (AD) the provision of section 96 of the State Acquisition and Tenancy Act and that of section 24 of the Non A......ioner is competent to maintain this petition for pre-emption as he has filed the application for pre emption within the prescribed time in compliance with all the legal formalities required under the law. Mr. Hossain further submits that there has been no splitting up of the joma in accordance with ..Category: Property Law | Date: | Hits: 70
Md. Raju Sheikh Vs. State, 2011, 40 CLC (HCD)
....y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ...... Uddin informed her that the dead body of her husband was lying inside a bagan on the northern bank of a pond of one Delowar behind the Jhenidah Cadet College; the informant along with her brother-in-law (Bhashur) Md. Adil Uddin, and others rushed to the place of occurrence and found three separate ..Category: Criminal Law | Date: | Hits: 56
Amir Sohel Miah Vs. State, 2011, 40 CLC (HCD)
....y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ......mises Sonali Bank, Court Building Branch, in front of Yeasin College and in all place of occurrence a huge of number of leaf let was found wherein it was written that in order to implement the Islami law it was supplied by the Jamaatul Mujahidin Bangladesh. It is presume that in order to deteriorate..Category: Criminal Law | Date: | Hits: 48
Mohammad Ali and another Vs. Noor Mohammad, 2010, 39 CLC (HCD)
....lot No. 756 as the word উত্তরাংশে mentioned in the schedule of the plaint indicated the position of the suit land which has been further specified by its boundary as required by the provision of order 7 rule 3 of the Code of Civil Procedure, 1908. The learned Senior Counsel Dr. Raf......pon hearing the parties and examining the evidence on record came to the finding that the learned trial Judge upon mis-appreciation of the facts and circumstances of the case and upon misapplying the law decreed the suit and accordingly the learned Appellate judge by his judgment dated 7.1.2002 allo..Category: Property Law | Date: | Hits: 62
Rupali Bank Ltd. Vs. Chairman, 2nd Labour Court Dhaka & another, 1999, 28 CLC (HCD)
....clause (a) or within thirty days from the date of the decision, as the case may be unless the grievance has already been raised or has otherwise been taken cognizance of as a Labour dispute under the provisions of the Industrial Disputes Ordinance, 1959.” 11. The respondents filed their grievan...... 11 of 1994 (mistakenly the Rule was issued as IRO Case No. II of 1993) and Complaint Case No.86 of 1994 (Annexure “C” to the Writ Petition) should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The Facts in these petitions are similar and invol..Category: Labour and Industrial Law | Date: | Hits: 140
Rasharaj Sarker Vs. State, 2000, 29 CLC (HCD)
....strate following a decision of the Supreme Court in the case of Abdur Rahman Vs. State, 29 DLR (SC) 256. In the said reported case, their Lordships of the Supreme Court upon consideration of relevant provisions of law particularly of sections 155, 156, 157, 170 and 173 of the Code, Rules 276 and 277......ed Magistrate has committed no illegality in reviving the case. 6. Mr. MA Wahab, the learned Advocate for the petitioner, submits that the learned Metropolitan Magistrate has committed an error of law in reviving the case after expiry of 6(six) months from the date of order of discharge of the pe..Category: Criminal Law | Date: | Hits: 56
Moshfiqul Islam alias Bilu Vs. State, 2000, 29 CLC (HCD)
....ve perused the impugned judgment passed by the special tribunal. After discussing the evidence of witnesses the tribunal relying on the decision reported in 1988 BLD 106 dealt at length regarding the provision of search as contemplated under section 103 of the Code of Criminal Procedure and made the......er hand, submits that though P.Ws. 1-3 did not corroborate the prosecution case but evidence of other witnesses namely, P.Ws. 4-8 being cogent and trustworthy the impugned judgment is maintainable in law. He further submits that there is no enmity between the said witnesses and the accused and, as s..Category: Criminal Law | Date: | Hits: 48
Mujibur Rahman Pathan and another Vs. State, 2011, 40 CLC (HCD)
.... The order of stay passed by this Court at the time of admitting the appeal is vacated. Communicate a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......dged an ejahar with Tejgaon police station on 4.2.2003 alleging inter alia, that she got married with appellant No.1 on 20.3.1998. A few days after solemnization of their marriage, her husband and in-laws demanded dowry amounting to Taka 10,00,000/- (ten lac) to be brought from her parents and used ..Category: Criminal Law | Date: | Hits: 55
Md. Tazuddin and others Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
.... 3. The defendants were contesting the suit by filing two sets of written statement denying the material facts of the plaint contending inter alia, that the suit land had been acquisitioned as per provision of law and it became the property of Social Welfare Department. The Public Works Departmen......le are that the petitioners as plaintiffs instituted a suit for perpetual injunction against the Government and its officials in Narshingdi on the averments inter alia, that they (plaintiffs) are the lawful owners-in-possession of the suit land, which is their only homestead. The defendants initiate..Category: Property Law | Date: | Hits: 58
Sontai Miah Vs. State, 2011, 40 CLC (HCD)
.... directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J.- I agree. Ed. This Case is also Reported in: ......gainst the accused person by adducing any corroborative evidence, even though the trial court convicted the appellant on mere surmises and conjecture. The impugned judgment is thus not sustainable in law which is liable to be set aside. We thus found merits in this appeal. 24. In the result, the ..Category: Criminal Law | Date: | Hits: 50
Mir Mahbubur Rahman Vs. State, 2011, 40 CLC (HCD)
....d to set at liberty at once if not been wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J. I agree. Ed. This Case is also Reported in: ......cher Hafez Maulana Shamsul Huq used to live in another shead adjacent to that of his house and on the night following 4.8.2003 the brother of the informant Hafez Mohd. Giasuddin his grand father–in-law Wazed Ali retired in the varendah while Maqsuda, Khadiza wife of Giasuddin and Shamsul Huq slipp..Category: Criminal Law | Date: | Hits: 52
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