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Mohshinul Islam Vs. Rajdhani Unnayan Kartripakkha and others, 1999, 28 CLC (HCD)

....…………………….Petitioner Vs. Rajdhani Unnayan Kartripakkha and others………..Respondents Judgment June 9, 1999. Cases Referred To- Giasuddin vs. Dhaka Municipal Corporations 17 BLD 577=49 DLR 199; Miah Fazal Din vs. Lahore Improvement Trust 21 DLR (SC) 225 (13 & ......or community purpose, recreation and other non-residential purposes. This Rule was directed to be heard along with Writ Petition No. 531 of 93. But the said Rule was discharged for default in the meantime. 2. Rule in Writ Petition No.1185/93 was issued on 18-7-93 at the instance of the petitioner......esult, both the Rules are made absolute in part without any order as to cost with the above declaration and direction. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 12.   ......esult, both the Rules are made absolute in part without any order as to cost with the above declaration and direction. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 12.   ..

Category: Property Law | Date: | Hits: 55

Shah Alam Patwari (Md) Vs. Md. Siddiqur Rahman Bhuiyan and others, 2001, 30 CLC (HCD)

....his order at once. Ed. This Case is also Reported in: 53 DLR (2001) 390. ......der dated 24-09-2000. The Election Tribunal also cancelled the election of the returned candidate AHM Khaleque and set aside the election of the revision-petitioner in the by-election held in the meantime. 7. It may be noted here that challenging the notification for holding by-election for the o......f status quo granted at the time of issue of the above Rule on 24-06-2001 is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (2001) 390. ......f status quo granted at the time of issue of the above Rule on 24-06-2001 is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (2001) 390. ..

Category: Election Law | Date: | Hits: 79

National Sports Council Vs. A Latif and Company, 2001, 30 CLC (HCD)

....e Rule is hereby re-called. Ed. This Case is also Reported in: 53 DLR (2001) 386. ......ircumstances. The employer addressed various letters requesting the contractor for holding discussion, but he preferred to make the application. After the work order was issued, the contractor killed time on various pretexts. The contractor never made any demand of loss nor there was any scope given......rty made under section 8(2) of the Arbitration Act is rejected. Order of stay granted at the time of issue of the Rule is hereby re-called. Ed. This Case is also Reported in: 53 DLR (2001) 386. ......rty made under section 8(2) of the Arbitration Act is rejected. Order of stay granted at the time of issue of the Rule is hereby re-called. Ed. This Case is also Reported in: 53 DLR (2001) 386. ..

Category: Alternative Dispute Resolution | Date: | Hits: 186

Resource International Vs. MV Sargodha and others, 2001, 30 CLC (HCD)

....the same is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 381. ......t and clearing charges. The survey was conducted on 6th and 8th June, 1995 and the defendants refused to nominate their surveyor on flimsy pretext. The defendant’s loaded and unloaded cargo several times from one ship to another ship causing damage. The entire claim of the plaintiff on account of ......sted by this Court due to the default of the defendants and consequently, the counter-claim is not entertainable and the same is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 381. ......sted by this Court due to the default of the defendants and consequently, the counter-claim is not entertainable and the same is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 381. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 214

North South Property Development Ltd. Vs. Secretary, Ministry of Land and another, 1999, 28 CLC (HCD)

....nt May 17, 1999. Cases Referred To- Hong Kong vs NG Yuen Shin (1983) 2 AC629; RV Devon County Council, (1995) 1 All ER 73 held not applicable; Union of India vs Hindustan Development Corporation AIR 1994 (SC) 988 relied (7 & 8) Lawyers Involved: Mrs. Rabeya Bhuiyan with Safiuddin M......from the respondent No. 2 on 5-9-98 asking him to take back his financial and technical proposal along with the bank draft of Taka 1,00,000.00 as the respondents decided to invite bids for the second time (vide Annexure-I). Petitioner spent an amount of Taka twenty five lack to develop and finalise ......n the above facts and circumstances we find no merit in this Rule. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 7.......n the above facts and circumstances we find no merit in this Rule. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 7...

Category: Civil Law | Date: | Hits: 92

Narayan Chandra Saha and another Vs. Jatindra Chandra Saha and others, 1999, 28 CLC (HCD)

....(HCD) (2000) 5....... dated 14-05-98 passed by the Subordinate Judge, First Court, Brahmanbaria in Title Appeal No. 21 of 1985. By the impugned order the Appellate Court accepted the written statement filed for the first time in the appeal by the opposite parties No.1 and 2 who were originally impleaded as pro forma def......anted by this court at the time of issue of the Rule hereby stands vacated. Let the appeal be heard and disposed of as early as possible. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 5.......anted by this court at the time of issue of the Rule hereby stands vacated. Let the appeal be heard and disposed of as early as possible. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 5...

Category: Procedural Law | Date: | Hits: 66

Anwar Karim and others Vs. Bangladesh Bank and others, 1999, 28 CLC (HCD)

..................... Petitioner Vs. Bangladesh Bank and others …………………………..Respondents Judgment June 2, 1999. Case Referred To- Chandpur Jute Suppliers vs. Subordinate Judge 2 BLC 49 (7) Lawyers Involved: Syed Ishtiaque Ahmed with Rokonuddin Mahmud, Shah New......nterest has become over due as per the definition issued by the Bangladesh Bank. Section 27 Ka inserted by the said amendment provides that notwithstanding anything contained in any other law for the time being in force no director of a borrower company shall be allowed to transfer or sell his share......lity of respondent No. 5 under the borrower code No.9187 is declared to have been made without lawful authority and of no legal effect. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 1. ......lity of respondent No. 5 under the borrower code No.9187 is declared to have been made without lawful authority and of no legal effect. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 1. ..

Category: Banking Law | Date: | Hits: 121

Oram Limited Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka, 2000, 29 CLC (HCD)

....al Original Jurisdiction) Present: Md. Fazlul Karim J Md. Abdul Wahhab Miah J Oram Limited………………….Petitioner Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka………Respondents Judgment December 4, 2000. Result: The Rule is made abs......) brands of mosquito coils since 11-4-1994 to 30th June 1997 on the basis of the price declared on 11-4-1994 as per Rule 3(2) of the VAT Rules, 1991. The VAT authority makes inspection and audit from time to time through their own audit team and they also raised no objection about the basis of the p......28,688.00 for the period from August, 1995 to May, 1997 are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 53 DLR (2001) 373. ......28,688.00 for the period from August, 1995 to May, 1997 are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 53 DLR (2001) 373. ..

Category: Fiscal/Taxation Law | Date: | Hits: 91

Government of the People’s Republic of Bangladesh and others Vs. Md. Jahangir Ali and Another, 2001, 30 CLC (HCD)

.... Kurigram and Deputy Commissioner, Kurigram for taking necessary action accordingly. Ed. This Case is also Reported in: 53 DLR (2001) 365.......as barred by limitation and after different correspondence the papers were sent to the Solicitor on 2-6-98 and the revisional application was prepared with affidavit on 23rd June, 1999 and in the meantime an inordinate delay of 1320 days took place; he submitted that the explanation given by the pet......wn a copy of this judgment to the learned District Judge, Kurigram and Deputy Commissioner, Kurigram for taking necessary action accordingly. Ed. This Case is also Reported in: 53 DLR (2001) 365.......wn a copy of this judgment to the learned District Judge, Kurigram and Deputy Commissioner, Kurigram for taking necessary action accordingly. Ed. This Case is also Reported in: 53 DLR (2001) 365...

Category: Procedural Law | Date: | Hits: 88

Meghna Petroleum Marketing Co. Ltd. and others Vs. MF Limited and others, 2001, 30 CLC (HCD)

....ected to bear their respective costs although. Sand down the LC Record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 368.......a and that for convenience of transaction in the matter of payment of octroi by the Principal defendants they were given the privilege of monthly payment facility presumably under Rule 17(4) from the time when the Check posts, were under the direct control and management of Khulna Pourashava but the......s as per the Rules nor did they submit declaration as per the Rules and thus deprived the plaintiffs from their legal dues and as such they were compelled to file the suit for accounting and also for recovery of their legal dues. 19. In view of aforesaid facts, argument and law involved we are no...... the case of the plaintiffs they adduced evidence of only one PW namely Khan Nuruzzaman, father-in-law of AM Mustafa, Managing Director of plaintiff No.1 company and proprietor of plaintiffs Nos.2-3 farms and the constituted attorney of ATM Mushaffar and filed series of documents such as (letter’s..

Category: Fiscal/Taxation Law | Date: | Hits: 91

Md. Tariqul Islam Vs. State, 2009, 38 CLC (AD)

.... decision which does not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 626.......or his daughter Tamanna (alleged victim) aged about 3(three) years; that the P.W.1 was informed by his mother that the convict-petitioner tried to commit rape on the minor victim Tamanna; that at the time of occurrence the convict-petitioner was caught red-handed by the neighbouring people when he w......r arrived at a cor­rect decision which does not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 626.......r arrived at a cor­rect decision which does not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 626...

Category: Criminal Law | Date: | Hits: 56

Md. Mansur Rahman Vs. Abdul Mannan Sardar and others, 2009, 38 CLC (AD)

....circumstances of the case, we do not find any merit in the appli­cation. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 623....... the judgment debtor-petitioner hereof entered appearance in the execution case on 08.08.2005 and prayed for adjourn­ment of the sale with a plea of compro­mise and that the Executing Court allowed time fixing 11.08.2005 for filing compro­mise petition but the judgment debtor-petitioner did not f......ly. In the facts and circumstances of the case, we do not find any merit in the appli­cation. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 623.......ly. In the facts and circumstances of the case, we do not find any merit in the appli­cation. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 623...

Category: Civil Law | Date: | Hits: 79

Md. Alimuddin and others Vs. Alhaj Md. Abu Daud, 2010, 39 CLC (AD)

.... was no illegality in decreeing the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 608. ......corded in S.A. and R.S. Khatian. Thereafter Kefatullah died leav­ing behind 3 sons with plaintiff and daughter Joymon and one grandson. The plaintiff had been servicing in Natore District for a long time. Defendant's father Ramzan Ali was the elder brother of plaintiffs and Ramzan Ali was the caret...... rightly held that there was no illegality in decreeing the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 608. ...... rightly held that there was no illegality in decreeing the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 608. ..

Category: Property Law | Date: | Hits: 36

Amal Chandra Dhupi @ Das and others Vs. Lakshan Chandra Das and others, 2010, 39 CLC (AD)

....k. 1000/- is to be deposited within one month. The preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 605....... and order of the Court of appeal below in failing to consider that the trial Court on consideration of the evidence on record found exclusive possession of the defendants in the suit lands since the time of preparation of R.S. khatian which has a presumptive value but the Court of appeal below with......s." The security of Tk. 1000/- is to be deposited within one month. The preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 605.......s." The security of Tk. 1000/- is to be deposited within one month. The preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 605...

Category: Property Law | Date: | Hits: 27

Md. Ahia Vs. Md. Azimuddin and others, 2010, 39 CLC (AD)

....e court which was the last court of fact. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 600. ......ey of Tk. 1,20,000/- and they also handed over the original deed to the plaintiff and also hand­ed over the major portion of the suit land. Thereafter the defendants did not execute the sale deed in time in spite of repeated requests and as such the plaintiff served a legal notice through regd. pos......judgment of the appellate court which was the last court of fact. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 600. ......judgment of the appellate court which was the last court of fact. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 600. ..

Category: Property Law | Date: | Hits: 25

Md. Mafiz and others Vs. Bangladesh, 2010, 39 CLC (AD)

....6.2008 recorded by the High Court Division in Civil Revision No. 2102 of 1995 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 598....... to be deposit­ed within one month. The preparation of paper books is dis­pensed with as prayed for. The petitioner is permitted to submit the necessary paper books by way of affidavit at the time of hearing of the appeal. The operation of the judgment and order dated 16.06.2008 recorded ......ent and order dated 16.06.2008 recorded by the High Court Division in Civil Revision No. 2102 of 1995 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 598.......ent and order dated 16.06.2008 recorded by the High Court Division in Civil Revision No. 2102 of 1995 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 598...

Category: Property Law | Date: | Hits: 31

Surujit Bose (Raju) Vs. Bangladesh and others, 2010, 39 CLC (AD)

....­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 552. ......he above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 552. ......Bhuban Mohan Ghose as plaintiff filed a suit being Title Suit No.1537 of 1929 against the vendor Elahi Box Driver and 3 others in the 3rd Court of Munsif, Dhaka praying for dec­laration of title and recovery of khas possession of the suit land the plaintiffs case was that the defendants sold to him......he above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 552. ..

Category: Property Law | Date: | Hits: 23

Md. Abdur Rouf Vs. Judge of Artha Rin Adalat No.1, Dhaka, 2010, 39 CLC (AD)

.... has no manner of application in this case. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 548.......5. The final decree was passed on 11.05.1989 and the maximum period of limitation i.e. 12 years passed on or before 11.05.2001 and the respondent bank knowing fully well that the execu­tion case is time barred even then pro­ceeded with execution case and the exe­cuting court by his order No.78 d...... Bank. But the petitioner could not repay the loan due to malpractices of other partners and the business of the petitioner collapsed. The respondent No.2 Bank instituted the aforesaid title suit for recovery of money. The defendant petitioner contested the suit by filing written statements. Thereaf...... Code of Civil Procedure has no manner of application in this case. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 548...

Category: Civil Law | Date: | Hits: 73

Azizur Rahman Khan and others Vs. Md. Aynul Miah and others, 2010, 39 CLC (AD)

....r by this Court shall continue till disposal of the appeal. Let the appeal be made ready for expeditious hearing. Ed. This Case is also Reported in: VII ADC (2010) 545.......r of stay granted earlier by this Court shall continue till disposal of the appeal. Let the appeal be made ready for expeditious hearing. Ed. This Case is also Reported in: VII ADC (2010) 545.......r, Hajera Bibi and her son, filed a suit being the Title Suit No.33 of 2000 in the Court of Assistant Judge, Third Court, Dhaka, praying for a decree for declaration of his title in the suit-land and recovery of the khas pos­session, contending, inter alia, that the suit land originally belonged to......r of stay granted earlier by this Court shall continue till disposal of the appeal. Let the appeal be made ready for expeditious hearing. Ed. This Case is also Reported in: VII ADC (2010) 545...

Category: Property Law | Date: | Hits: 21

Faustina Pereira Vs. State, 2001, 30 CLC (HCD)

....Court High Court Division (Criminal Revisional Jurisdiction) Present: Md. Hamidul Haque J Nazmun Ara Sultana J Faustina Pereira……………………….Petitioner Vs. State……………………………………Opposite Parties. Judgement May 22, 2001. Lawyer......t Dhaka Central Jail we find that some of the prisoners served out their sentence in the middle of 1995. Some in 1996 and others in 1999. So, we find that some of the prisoners are in jail for a long time even after serving out their sentence. This pitiable fact was not brought to the notice of this......rs of the remaining 822 fore prisoners and also to report within seven days as what steps have been taken by this time for the release. Ed. This Case is also Reported in: 53 DLR (2001) (HCD) 414.......rs of the remaining 822 fore prisoners and also to report within seven days as what steps have been taken by this time for the release. Ed. This Case is also Reported in: 53 DLR (2001) (HCD) 414...

Category: Constitutional Law | Date: | Hits: 123