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Sree Prodip Barua alias Bappi Vs. Faisal Madani and another, 2012, 41 CLC (AD)
....of her four sons. On amicable partition among the sons of Bijoy Sree Barua the suit land fell in the saham of Prodip Barua @ Bappi the principal defendant. That Prodip Barua @ Bappi while was in possession of the suit land entered into a contract with the plaintiff to sell the suit land to him ......iff-respondent filed the above mentioned Other Suit No.136 of 2000 against this defendant-petitioner and others for specific performance of contract. The plaint case, in short, was that the suit land originally belonged to Umacharan who died leaving son Bijoy Sree Barua. That Bijoy Sree Barua w......or leave to appeal and hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 231. ......, from the above discussion it is evident that there is no merit in this civil petition for leave to appeal and hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 231. ..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 118
Dr. Anowar Hossain Vs. Reya Builders and Engi¬neers Ltd, 2012, 41 CLC (HCD)
....ion is a compact project. Therefore, in absence of another party of the contract, it is not possible to resolve the controversy amongst the parties. He further pointed out that all the parties are in possession in their respective portion of shares. Therefore, without impleading one of the signatory......ellant has no dispute personally with his brother Md. Monir Hossain regarding the allocation/division of portion of share of Motaleb Tower Project, as in the schedule of the contract their portion of land has been demarcated and identified separately, as such, the petitioner neither filed any statem...... 152 ......said statement of claim. After hearing the parties and recording the evidence as adduced by the parties the Arbitral Tribunal unanimously came to decision that to completely adjudicate the dispute in question, an expert opinion is necessary. The Second Party by filing an application before the arbit..Category: Arbitration Law | Date: 12 Jan, 2012 | Hits: 7
Ikhtiar Rahman and other Vs. State, 2012, 41 CLC (HCD)
....ed of the charge and be set at liberty forthwith, if otherwise are not wanted. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This case is also Reported in: ......had taken away the informant’s son and on the following day he was rescued. In cross-examination she stated that she herself did not see to kidnap the child or to rescue him. P.W. 4 Minu Begum, the land lady of the House from where the victim child was rescued, flatly denied the case and stated th......th, if otherwise are not wanted. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This case is also Reported in: ......ed of the charge and be set at liberty forthwith, if otherwise are not wanted. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This case is also Reported in: ..Category: Women and Children | Date: 12 Jan, 2012 | Hits: 155
Millennium Holdings Limited Vs. Hilton International Co., 2012, 41 CLC (HCD)
.... interim order dated 24.8.2011 and the petition under Section 7(a) of the Arbitration Act, 2001 is rejected. However, there shall be no order as to costs. Ed. This Case is also Reported in: ......nd operating the said Hotel with the respondent which has been registered under the Registration Act, 1908 on 22.10.2006. Under the said management agreement the petitioner was due to obtain required land upon lease from Bangladesh Railway for constructing the said “Hilton” branded hotel at Mouj......tion 7(a) of the Arbitration Act, 2001 is rejected. However, there shall be no order as to costs. Ed. This Case is also Reported in: ...... interim order dated 24.8.2011 and the petition under Section 7(a) of the Arbitration Act, 2001 is rejected. However, there shall be no order as to costs. Ed. This Case is also Reported in: ..Category: Arbitration Law | Date: 10 Jan, 2012 | Hits: 45
Mohammad Ali Vs. State and another, 2010, 39 CLC (HCD)
....ed with all the Criminal Miscellaneous Case mentioned above and sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 428. ......ed with all the Criminal Miscellaneous Case mentioned above and sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 428. ......ntioned above and sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 428. ......riminal Miscellaneous Case No.9523 of 2009, Criminal Miscellaneous Case No.9522 of 2009, and Criminal Miscellaneous Case No.24730 of 2009 are taken together for disposal in one Judgment since the question of law and facts involved in those cases are identical in nature and the rules, so issued, ..Category: Banking Law | Date: 10 Jan, 2012 | Hits: 452
Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
.... is approved by the Vendor”. 4. The Vendor, being an Iranian national, obtained permission from Bangladesh Bank on 09.02.86 to sell the property. According to the Vendor, the Purchaser was in possession of the property since 1985 and the deed of agreement for sale was executed on 20.12.1986.......ee in Title Suit No.4 of 1998 passed by the Subordinate Judge (now Joint District Judge), Additional Court, Dhaka. 2. Both the appeals arise out of litigation between the same parties concerning land situated at Plot No.6, Block No. NW (A), Road No.69, Gulshan Model Town, Dhaka. Title Suit No. ...... Company, AIR (1955) Cal.298; Anwara Begum Vs. Md. Karimul Haque and others 5 BLC (AD) 119; Ma Shwe Mya Vs. Maung Mo Hnaung, 63 I.C. 914; Mojibur Rahamn Vs. Bangladesh, represented by the Secretary, Ministry of Works 47 DLR 232; Yousuf (Md.) Vs. M A Wahab 6 BLC (AD) 99; Uttar Pradesh Cooperative Fed...... that the earlier time period stipulated had been extended by implication, and any rights accruing had been waived, otherwise, the last legal notice would not have been necessary. Hence, there was no question of the suit being barred by limitation. Moreover, it appears from the cross examination of ..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Md. Amzad Hossain Parag Vs. Md. Saiful Islam and others, 2012, 41 CLC (AD)
....ant No.14 Syed Mirzarul Alam Chowdhury exchanged the 'Ka' scheduled 0.47 acre land of the suit plot No.1029 with some land of the plaintiff by a registered deed of exchange and also delivered possession of the said land to the plaintiff. The plaintiff since then had been possessing the suit ......12 in favour of the predecessor of the defendant Nos.1 to 11 is forged, collusive, inoperative and not binding upon the plaintiff and also for declaration of plaintiff's title in .47 acre of land by virtue of registered deed of exchange dated 24.05.1998. 4. The case of the plaintiff, i......miss this civil petition for leave to appeal. Ed. This Case is also Reported in: 9 ADC (2012) 224. ......h law. But it appears that the plaintiff-petitioner did not raise any objection as to genuineness of this exhibit-'Ka1'. In this leave petition there is no statement or submission at all questioning the genuineness of this old registered decd-the exhibit 'Ka1'. However, it appea..Category: Property Law | Date: 9 Jan, 2012 | Hits: 98
Advocate Manzill Murshid Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... are set aside. The respondents are directed to revoke the impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ......at no authority could have arrived at it if the it applied its mind with rational perspective. We are of the view that rationality would be compromised if one fails to come out of the cloud cuckoo land in this regard. We, for ourselves, being inclined to echo Lord Diplocks view, are swayed to len...... impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ......trine of legitimate expectation. He stickled with visible inexpugnability that the authorities can not remain be-nighted on plights the impugned decision would entail. 17. For us the decisive question is whether placing a sudden proscription on the perennially pursued policy of footing S.C ..Category: Constitutional Law | Date: 6 Jan, 2012 | Hits: 12
Syed Gulam Shariar Vs. Mohammad Abdul Mannan and others, 2012, 41 CLC (AD)
....ellaneous Case No.17 of 2007 under section 96 of the State Acquisition and Tenancy Act for pre-emption. 4. The case of the pre-emptors was that the opposite party Nos.2 and 4 were owners in possession of 1.39 acres of land of S.A. Plot No.408 of mouja Kodomrasul, Police Station-Gopalgonj a......ellip;……........Respondents Order January 2, 2012. Result: The Civil Petition for leave to appeal be dismissed. Whether the pre-emptors owned and possessed any land contiguous to the land transferred. The schedule of the sale deed in question is an import......Reported in: 9 ADC (2012) 214; 17 BLC (AD) (2012) 112. ...... Result: The Civil Petition for leave to appeal be dismissed. Whether the pre-emptors owned and possessed any land contiguous to the land transferred. The schedule of the sale deed in question is an important indication to show the presence of any government or public road in between..Category: Property Law | Date: 2 Jan, 2012 | Hits: 89
Sazzak Hossain alias Sajjad Hossain Vs. State, 2011, 40 CLC (HCD)
.... and be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 113. ...... and be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 113. ...... Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 113. ......er section 409 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947 and sentenced him thereunder. Thus the appeal is liable to be disallowed. 10. The only question is whether the learned Judge of the trial Court pronounced the Judgment after proper apprec..Category: Anti-Corruption Laws | Date: 15 Dec, 2011 | Hits: 116
Mrs. Jahanara Ahmed Vs. Arab Bangladesh Bank Ltd. and others, 2011, 40 CLC (AD)
....cution Case No.3 of 2003 and was transferred to the Artha Rin Adalat No.4, Dhaka for disposal. In this Adalat the sale deed was executed and registered as per due process of law on 10.07.2003 and the possession also of this auction sold property was delivered to the auction purchaser. Thereafter on ......itioner filed an application before the Cantonment Board, Dhaka for mutation of her name. During pendency of the said mutation case the petitioner came to know about the auction sale of her purchased land and then she filed the application under Order XXI Rule 90 of the Code of Civil Procedure prayi...... Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 185. ......record." Security of Tk. 1,000/- is to be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 185. ..Category: Property Law | Date: 15 Dec, 2011 | Hits: 81
....
Let a copy of the Judgment be sent to the learned Special Judge, Court No.2, Dhaka at once for information and necessary action.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 1.
......
Let a copy of the Judgment be sent to the learned Special Judge, Court No.2, Dhaka at once for information and necessary action.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 1.
......Special Judge, Court No.2, Dhaka at once for information and necessary action.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 1.
......ng by order passed in Criminal petition for leave to Appeal No.19 of 2009 and 18 of 2009 respectively. In pursuance of such direction we have fixed these two matters for hearing analogously since the question of facts and law involved in these two matters are identical which arises out of same occur..
Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96
Bangladesh Jute Mills Corporation Vs. Md. Mahbubur Rahman and another, 2011, 40 CLC (AD)
....e appeal. Accordingly, the appeal is allowed without any order as to cost. The impugned judgment and order is set-aside. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 6. ......e appeal. Accordingly, the appeal is allowed without any order as to cost. The impugned judgment and order is set-aside. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 6. ......ned judgment and order is set-aside. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 6. ......ether the writ-petitioner ceased to be an employee of BJMC after he resigned from service on the 3rd day of June, 1987 and thus he had any legal claim to be taken back in BJMC. 13. To answer the question, we need to see the statements made in the writ petition. There is no dispute that the peti..Category: Employment/Service Law | Date: 13 Dec, 2011 | Hits: 152
JMS Glass Industries Limited Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....directed to admit and dispose of the appeal expeditiously. With this observations and direction, the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 77. ......directed to admit and dispose of the appeal expeditiously. With this observations and direction, the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 77. ......h this observations and direction, the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 77. ......ly. From the supplementary affidavit filed by the petitioner dated 11-5-2010 it appears that the engaged Advocate of the petitioner-company Mr. Abdul Kader Shukkur who was pursuing the case in question died on 16-8-2004 and after his death the petitioner company was not at all aware of the p..Category: Fiscal/Taxation Law | Date: 12 Dec, 2011 | Hits: 14
Begum Khaleda Zia Vs. State and another, 2011, 40 CLC (HCD)
....eed with the impugned Special Case in accordance with law. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 1. ......e and gave it to Zia Orphanage Trust, Bogra, which was deposited to the said Trust account in the Sonali Bank, Gulshan on 15-11-93. Tk. 4(four) lac was withdrawn from that account on 4-12-93 and some land was purchased for Zia Orphanage Trust spending Tk.2,77,000 only. From the years 1993 to 20......th law. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 1. ......-petitioner. There is no allegation that the accused-petitioner had any overt act or involvement in the alleged offences as she herself did not do anything with the monetary transactions and the question of misappropriation of money from the bank account does not arise. In fact, the donation to..Category: Anti-Corruption Laws | Date: 12 Dec, 2011 | Hits: 161
Husne Ara Begum and another Vs. Saiful Alam (Md.) and others, 2011, 40 CLC (HCD)
....on under Order I Rule 10 of the Code of Civil Procedure that 3rd party petitioner claimed the suit land on the basis of prior heba-bil-ewaj deed and also by purchase from defendant No.1 and title and possession having been transferred and delivered to the applicant, as such, if any decree be passed ...... Court can pass a decree which is unexecutable The averments and statement made in the application under Order I Rule 10 of the Code of Civil Procedure that 3rd party petitioner claimed the suit land on the basis of prior heba-bil-ewaj deed and also by purchase from defendant No.1 and title and......order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 34. ......ordingly. The learned Judge is directed to proceed with suit in accordance with law. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 34. ..Category: Civil Law, Procedural Law | Date: 1 Dec, 2011 | Hits: 4
Shahjahan Vs. State, 2011, 40 CLC (HCD)
....iction and sentence is liable to be knocked down. 8. Both Mr. Md. Khurshid Alam Khan and Mr. Muhammad Masudul Haque further submit that admittedly no arms and ammunitions were recovered from the possession and control of the petitioner; but curiously enough, the Tribunal below failed to take ......urshid Alam Khan argues that had the petitioner absconded by misusing the privilege of bail at some point of time during the trial of the case, his fate would have been sealed once for all; but the landscape is otherwise. In this regard, we see eye to eye with Mr. Md. Khurshid Alam Khan. In such a...... records of the Tribunal below along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 49. ......e allegations in the First Information Report or the Complaint, even if they are taken at their face value and accepted in their entirety, do not constitute the offence alleged and in such cases no question of weighing and appreciating evidence arises; and (e) The allegations made against the..Category: Arms Law | Date: 1 Dec, 2011 | Hits: 53
Jakir Hazi Vs. State, 2011, 40 CLC (HCD)
....as it relates to the petitioner is hereby quashed. Send down a copy of this judgment and order to the court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 274. ......as it relates to the petitioner is hereby quashed. Send down a copy of this judgment and order to the court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 274. ...... Send down a copy of this judgment and order to the court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 274. ......stant Attorney-General appearing on behalf of the although police after investigation submitted charge-sheet against the petitioner under section 420/406 of the Penal Code, as such, the proceeding in question cannot be held to be an abuse of process of the court and thus, the rule is liable to be di..Category: Criminal Law | Date: 30 Nov, 2011 | Hits: 1
Secretary, Ministry of Establishment and others Vs. Amzad Hossain and others, 2011, 40 CLC (AD)
....s Gazetted Officers immediately from the date of their appointment as Savings Officers. The appeal is disposed of accordingly. Ed. This Case is also Reported in: 18 BLC (AD) (2013)16. ......s Gazetted Officers immediately from the date of their appointment as Savings Officers. The appeal is disposed of accordingly. Ed. This Case is also Reported in: 18 BLC (AD) (2013)16. ......icers. The appeal is disposed of accordingly. Ed. This Case is also Reported in: 18 BLC (AD) (2013)16. ......e not entitled to get any relief in the writ petition and the Rule was liable to be discharged on that ground alone. He has further submitted that the writ petition was not maintainable in law as the question of gradation of the writ-petitioners as Second Class Gazetted Officers falls within the ter..Category: Employment/Service Law | Date: 24 Nov, 2011 | Hits: 88
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
.... is other evidence to connect the accused with the death of the murdered man, a jury, or in this country a judge, may find upon circumstantial evidence that he is a murderer. But when the unexplained possession of the stolen property is the only circumstance appearing in the evidence against an accu......amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520.......n 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520.......on of fact or in drawing inference of fact from evidence a Judge or a Jury must always have regard to all the known facts of the case. And that they must do because they are required to decide on all questions of fact as reasonable men. "When it is the duty of Judge or a jury to draw from evidence..Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
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