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Azim vs. Naim Ara Begum, 2003, 32 CLC (HCD)
.... 1,000 in place of Taka 1,500 as monthly rent to the Rent Controller in an irregular manner. So, he became a defaulter and the plaintiff had no contractual obligation to allow the defendant to retain possession of the property after expiry of the contract period. The defendant had established a fact......faulter and the plaintiff had no contractual obligation to allow the defendant to retain possession of the property after expiry of the contract period. The defendant had established a factory on the land, of the plaintiff on the basis of monthly payable rent and, as such, there was a salish and it ......ers Involved: Golam Mostafa, Advocate-For the Petitioner. AA Chowdhury Advocate-For the Opposite Party. Civil Revision No. 2969 of 1997. Judgment Khondker Musa Khaled J.- This Rule arising out of an application under section 25 of the Small Cause Court Act 1887, is directed against th...... 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
Abdur Rashid Mia (Md) Vs. Md. Hasem Ali Mia & others, 2003, 32 CLC (HCD)
....e father of the pre-emptee possessed the land on behalf of the pre-emptee and afterwards the pre-emptee himself is possessing the land. The pre emptor had a knowledge as to the sale and delivery of possession of the land. Since the value of the land has been increased the pre‑emptor filed the in......il, in Miscellaneous Case No. 6 of 1996. 2. The petitioner as pre‑emptor filed Miscellaneous Case No. 6 of 1996 before the Court of learned Assistant Judge, Basail, Tangail to preÂempt the case land. 3. The pre‑emptor's case, in short, is that the case land originally belonged to Dianat U......shmadev Chakraborty, Advocate-For the Opposite Parties. Civil Revision No. 4343 of 1999. Judgment Mir Hashmat Ali J.- This Rule under section 115 of the Code of Civil Procedure was issued against the Judgment and order dated 7‑7‑1999 passed by the learned Subordinate Judge, Tangail, in ......assed by learned Assistant Judge, Basail, Tangail, in Miscellaneous Case No. 6 of 1996 is hereby restored. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 155. ..Category: Property Law | Date: | Hits: 39
Nasir Howlader Vs. State, 2004, 33 CLC (HCD)
.... 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. ......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. ...... not cause any harm to the prosecution case. In support of his contention, he has referred the case of Siraj Miah vs. State, reported in 2 BLC 402 where their Lordships have clearly observed that the question of non‑existence of the facts and circumstances of the case the examination of the invest..Category: Criminal Law | Date: | Hits: 30
Nurujjaman and others (Md) Vs. Md. Sajjad Ali and others, 2002, 31 CLC (HCD)
....f instituted Title Suit No. 118 of 1999 in the Second Court of Subordinate Judge at Sylhet against the petitioner and 30 (thirty) others for declaration of title by way of purchase as well as adverse possession and further declaration that SA record of rights prepared in the name of defendant No.25 ......instituted Title Suit No. 67 of 1992 in the Second Court of Subordinate Judge at Sylhet against the 19 (nineteen) defendants for a decree of declaration that the plaintiffs have got title in the suit land measuring about 15 acres, that orders dated 13‑9‑90 and 29‑8-Â91 passed in appeal and re...... Nurujjaman and others (Md)......................Petitioner Vs. Md. Sajjad Ali and others…………………….Respondents Judgment August 13, 2002 Cases Referred To- Altaf Hossain vs Abbas Ali and another 45 DLR 374; Asker Ali vs Shamsul Alam 4 MLR (AD) 190. Lawyers Involve......gle Judge was of the view that the difference in the relief claimed in the suits is not at all material under section 10 of the Code. The matter in issue in the previously instituted suit is material question for the court for consideration in an application under section 10 of the Code nor the reli..Category: Procedural Law | Date: | Hits: 65
Abdul Motaleb & others Vs. Aftab Miah and another, 2002, 31 CLC (HCD)
.... appellants, as there was no occasion to do so in the absence of any TM 55. Therefore, we find no substance in the appeal which must fail. Ed. This Case is also Reported in: 56 DLR (2004) 145....... appellants, as there was no occasion to do so in the absence of any TM 55. Therefore, we find no substance in the appeal which must fail. Ed. This Case is also Reported in: 56 DLR (2004) 145.......l which must fail. Ed. This Case is also Reported in: 56 DLR (2004) 145.......mits that in the facts and circumstances of the case Rule 38 has no manner of application inasmuch as the Registrar has observed that there is no evidence in support of the opposition. Therefore, the question of notifying the parties for hearing does not arise at all. Dr. Kamal Hossain simply reiter..Category: Intellectual Property Law | Date: | Hits: 181
Abul Kashem and others Vs. State, 2003, 32 CLC (HCD)
....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.......ned prisoner and accused appellant insisted that he must settle the matter then and there which he refused to do. Consequently, the condemned prisoner Abul Kashem inflicted a dagger blow on the right land side chest of the Chairman and then both of them fled away towards the wheat field. PW 3 Moshar......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.......g officer did not seize their wearing clothes. This witness has also stated in cross-examination that he accompanied the informant to the police station at the time of lodging ejahar and the knife in question was handed over to the investigating officer at the time of lodgment of the ejahar. This wi..Category: Criminal Law | Date: | Hits: 39
State Vs. Mir Hossain alias Mira and others, 2003, 32 CLC (HCD)
....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.......nd Criminal Jail Appeal No. 2267 of 2001. Judgment AK Badrul Huq J.- Dead body of Rokeya Begurn with injuries on left ear, left mendibular region, right eye, neck and right thumb was found on a land by side of east bank of Sarwatali canal under Ashashida Mouza within Police Station Senbag. ......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.......confessional statement was recorded. Statement was true and voluntary. 23. Fate of criminal proceeding by way of Death Reference, Jail Appeal and Criminal Appeals hinges on answer to the following questions: I. Whether prosecution could bring home the culpability of convict-appellants beyond r..Category: Criminal Law | Date: | Hits: 31
Serajul Islam Bhuiyan (Md) Vs. Bangladesh Water Development Board & others, 2003, 32 CLC (HCD)
....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.......on 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.......i was contested by respondent Nos. 1‑5 and respondent No. 6, by filing two separate Affidavits-in-Opposition. 5. The case of the respondent Nos. 1‑5 is that, the petitioner has raised disputed questions of fact and, as such, the petition is not maintainable, and that at the time of passing th..Category: Employment/Service Law | Date: | Hits: 77
Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....§® dated 31‑8‑2002 issued purportedly under the signature of the Senior Assistant Secretary, Ministry of Post and Telecommunication directing the Officer-in-charge, Tejgaon Police Station to take possession of three or more equipments namely, Satellite News Gathering (SNG), Satellite Earth Stati...... that with all the experienced personnel who are still employed with the company ETV could start afresh and broadcast immediately. Being encouraged by the observation made by the highest Court of the land, in their Judgment in Civil Review Petition No. 79 of 2002, the present chairman came forward t......w awaiting disposal in the court below. Ed. This Case is also Reported in: 56 DLR (2004) 91....... No. 3 (In all the Writ Petitions). Writ Petition Nos. 3488, 4196, 4607, 4608 of 2003. Judgment Md. Abdul Wahhab Miah J.- These four writ petitions have been heard together and since similar questions of law and facts are involved all the writ petitions are disposed of by this single judgme..Category: Information Technology Law | Date: | Hits: 230
Salauddin Jamil Vs. Amjad Ali Khan and another, 2004, 33 CLC (HCD)
.... 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. ...... 3. In the application, it is stated that the petitioner and opposite party No. 1 entered into an agreement on 18‑6‑2000 for construction of a building by said opposite party on 04.65 kathas of land of the petitioner. It was stipulated that the petitioner would get Taka 32,27,647.00 as price o...... 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)
.... the subject matter of such suit, or as to which any question may arise therein; (b) for all or any of the purposes aforesaid authorise any person to enter upon or into any land or building in the possession of any other party to such suit; and (c) for all or any of the purposes aforesaid auth......Civil Procedure against 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 agains..............Petitioners Vs. Sekandar Ali Hawlader..................Opposite Party Judgment April 15, 2002. Result: The Rule is made absolute. Cases Referred to- Maulana Abdul Motin and others vs. Shah Alam Bhuiyan and others 41 DLR 244; Londa Colliery vs. Bholanath, AIR 1954 Ca...... be sketchy. But whether or not tile alleged violation on 14‑8‑2001 of the injunction order dated 8‑8‑2001 could be determined by inspection under Order XXXIX rule 7 of the Code is a separate question altogether, which is raised before us as the moot issue for our determination. 10. Mr. H..Category: Property Law | Date: | Hits: 26
Akhteruzzaman Chowdhury Vs. Hamidul Huq, MD, UCBL and another, 2003, 32 CLC (HCD)
....ral part of the management of the Bank and instrumental to holding the AGM of the Bank and none can hold the AGM without their assistance and cooperation. All the records of the Bank are in exclusive possession of these two persons and it appears that Mr. KZ Alam, the Chairman designate, repeatedly ......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.......om 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.......section 15 ka ka was inserted in the original Bank Company Act, 1991 and in view of the Dew section introduced in the Bank Company Act, the contemner No. 2 vide letter dated 17‑7‑2003 posed three questions to Mr. KZ Alam and sought his guidance on those matters. Upon receipt of this letter, Mr. ..Category: Banking Law | Date: | Hits: 158
Dulal Mia (Md) Vs. State, 2003, 32 CLC (HCD)
.... 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.......but no one else was found to weep. She frankly admitted that her mother did not pay the money through her. 14. PW 5, a neighbour of the mother of the deceased, claimed that he purchased a piece of land from PW 1 and the sale proceeds of which she proposed to deliver to the accused-appellant. Inci...... 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.......ceased by the accused either to the Chairman or others. She frankly admitted that she cannot say how the deceased met with death. 11. PW 2, the brother of the deceased (informant of the UD case in question), corroborated his mother on all material points. He claimed that the place of occurrence h..Category: Criminal Law | Date: | Hits: 88
Sirajul Islam @ Siraj and another Vs. State, 2003, 32 CLC (HCD)
.... entertain this application under section of 561A of the Code of Criminal Procedure and, as a result, the application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 62. ...... entertain this application under section of 561A of the Code of Criminal Procedure and, as a result, the application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 62. ......61A of the Code of Criminal Procedure and, as a result, the application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 62. ......entify certain offences triable by Special Magistrate and withhold the applications of section 7 including the approval of the higher authority as required by section 7(3) to such offence. 14. The question is, whether the DG, DoE has under that proviso, exercised that power in respect of offences..Category: Environmental Law | Date: | Hits: 414
Standard Bank Ltd. Vs. Tripos Engineering & Trading Company (GD) and others, 2003, 32 CLC (HCD)
....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.......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.......eme Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Siddiqur Rahman Miah J Standard Bank Ltd…………………Petitioner Vs. Tripos Engineering & Trading Company (GD) and others ...................Opposite Parties Judgment N...... as the revision applications as US$ 3,14,431 and obtained the Rules from a Division Bench by such misrepresentation. 18. It is stated that the plaintiffs opened back to back letters of credits in question for purchase of 100% cotton yarn for making ready-made garments. The plaintiffs already adm..Category: Civil Law | Date: | Hits: 100
Noor Mohammad Vs. Md. Noor Hossain & another, 2002, 31 CLC (HCD)
....efendant No. 1 (opposite party No. 1 herein) contested the suit by filing written statement contending, inter alia, that he is not a tenant under the plaintiff and that the plaintiff has no title and possession in the suit premises. According to defendant No. 1, the suit land belonged to Dhaka City ......g written statement contending, inter alia, that he is not a tenant under the plaintiff and that the plaintiff has no title and possession in the suit premises. According to defendant No. 1, the suit land belonged to Dhaka City Corporation and the defendant No. 1 has been carrying on business in the......56 DLR (2004) 53. ...... matter the presence of Dhaka City Corporation as a defendant in the suit is neither necessary nor proper in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit. The trial Court has not at all applied its mind and passed the order..Category: Tenancy Law | Date: | Hits: 171
Karam Ali Vs. State, 2001, 30 CLC (HCD)
....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.......on 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.......e has been prejudiced for non-examination of the investigation officer, although non-examination of the investigation officer in a criminal case is usually viewed with disapproval. 23. Now a legal question that troubles our mind is, that accused appellant Karam Ali and three others were charged u..Category: Criminal Law | Date: | Hits: 97
Shah Newaz (Md.) and others Vs. Shah Wali and another, 2001, 30 CLC (HCD)
.... 3. The plaintiff-petitioners as sons of the Wakif filed the title suit No. 147 of 1990 for permanent injunction against the defendant by virtue of Waqf deed claiming that the plaintiffs had been in possession of the suit premises for a long time as family members of the Waqf and there is a provisi......end down the original case records at once with a copy of this judgment to the learned District Judge, Dhaka for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)375.......bdus Salam J Shah Newaz (Md.) and others ………….Petitioners Vs. Shah Wali and another……..Opposite-Parties Judgment November 24, 2001. Cases Referred To- Haji Afizuddin Ahmed vs. AKM Ashraf Ali, 19 DLR 775; Dilder Ahmed Chowdhury vs. Farooq Ahmed Chowdhury, 27 DLR (......end down the original case records at once with a copy of this judgment to the learned District Judge, Dhaka for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)375...Category: Trust/Waqf Law | Date: | Hits: 187
Ali Hossain (Md) and Other Vs. State, 2000, 29 CLC (HCD)
.... 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. ......gar Ali, was known to them from before. He identified accused Md. Ali Hossain believing that he was Haji Asgar Ali. He proved the Form Mat Exhibit 1 for Taka 34,518.00 as compensation for acquisition land. He further stated that accused Md. Ali Hossain put his signature in Exhibit 1 as Haji Asgar Al......s 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. ...... been marked as Exhibit 3/2. The standard signature of Haji Asgar Ali written by accused Ali Hossain have been marked as Exhibit 4. He further stated that accused Ali Hossain opened the SB account in question in the name of Haji Asgar Ali with only Taka 200.00. He proved the deposit slip marked Exhi..Category: Criminal Law | Date: | Hits: 40
Khadem Ali (Md) Vs. State, 2000, 29 CLC (HCD)
.... of in question. In the result, the Rule is made absolute and the delay 916 days in filing the revisional application is condoned. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 281. ...... of in question. In the result, the Rule is made absolute and the delay 916 days in filing the revisional application is condoned. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 281. ......made absolute and the delay 916 days in filing the revisional application is condoned. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 281. ...... prescribed period of limitation either in the Code of Criminal Procedure or in the Limitation Act for filling a revision, before this Court, the Court usually takes a lenient view in considering the question of delay in such a case. The learned Advocate further submits that the delay involved in th..Category: Criminal Law | Date: | Hits: 32
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