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M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)
....t that the suitor, who relies upon the existence of a fact, should be called upon to prove his own case……………….(32) A suit for specific performance is that in which the plaintiff claims relief under secÂtion 5 of the Specific Relief Act for directing the defendant to do the v...... Mrs. Inge Flatz and others…………………………………….Respondent Judgment December 15, 2005. Result: The Appeal is allowed. Where a suit is brought for specific performance of contract, it is to be seen whether the plaintiff have been able to prov......rdingly the defendant No.1 through her constituted attorney entered into an agreement for sale with the plaintiff on 10.08.1985 and the plaintiff also decided to purchase the suit property with his money earned in the United Kingdom; that the price of the suit property was fixed at Pound StarÂli..Category: Property Law | Date: 15 Dec, 2005 | Hits: 8
....ioner
obtained the Rule and also the order of stay.
3. The respondent No.3 bank has filed
an affidavit-in-opposition contending inter
alia, that it is a condition precedent that a third party claimant is to
furnish security to the exÂtent of 25% of the decretal dues as contemÂplated
unde......reading sections 32(1) and (2) of the Ain together,
it can be inferred that the legÂislature seemed to have had the intention to
preclude the petitioner from furnishing the security at any stage before
hearing the objecÂtion or any date fixed by the Adalat………………….(6)
When t......tent of 25% of the deÂcretal dues in default
the Miscellaneous Case shall stand rejected.
Communicate the order at once.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 64.
..
Category: Civil Law | Date: 15 Dec, 2005 | Hits: 19
....oying police force and other measures as provided in the Code.
In the result, this appeal is allowed but without any order as costs.
Ed.
This Case is also Reported in: 27 BLD (HCD) (2007)61.
...... provided in rules 97 and 98 under Order XXI of the Code read with section 26 of the Act, and give necessary directions to execute its order……………………(20)
Lawyers Involved:
Md. Zafor Ali Khan, Advocate-For the Appellant.
None-For the Respondent.
First Miscellaneous Appeal ......ncy for handing over the possession of the suit property in favour of the decree-holder petitioner.
2. It appears that the International Finance Investment and Commerce Bank Ltd. (IFIC) obtained a money decree against M/s. Marinar Fashions Wear Pvt. Limited and 5 others for an amount of Tk. 1,26,..
Category: Property Law | Date: 7 Dec, 2005 | Hits: 22
State Vs. Maku Rabi Das, 2005, 34 CLC (HCD)
.... 4. The trial Court also framed charge against the said accused person under section 302 of the Penal Code which was read over to the accused Maku Rabi Das and he pleaded not guilty of the same and claimed to be tried. 5. At the trial, the prosecution side examined 10 witnesses to establish t......l Appeal No.611 of 2003. Judgment Khondker Musa Khaled J. - This is a reference under section 374 of the Code of Criminal Procedure, made by the learned Additional Sessions Judge, Habiganj, for confirmation of death sentence imposed upon the condemned prisoner Maku Rabi Das, on his convict......rdance with law. It is also submitted that the condemned prisoner Maku Rabi Das had no previous bad record to prove that he was a hardened criminal and was in the habit of committing crime in lieu of money. The learned Advocate has referred to the PCPR remark on the charge-sheet in this respect. He ..Category: Criminal Law | Date: 21 Nov, 2005 | Hits: 82
Jabbar and others Vs. State, 2005, 34 CLC (HCD)
....declined to cross-examine P.W.17. After closure of the proseÂcution evidence the accused persons were exÂamined under section 342 of the Code of Criminal Procedure, when they said nothing besides claiming innocence as before. Then the learned Sessions Judge on consideration of the evidence on r......rder dated 19.1.1997 passed by the Sessions Judge, Gopalganj in Sessions Case No.33 of 1996 convicting the appellants under section 302 of the Penal Code and sentencing them to suffer imprisonment for life and to pay a fine of TK. 10,000/- each, in default of payment of which to suffer further r......ning hurricane in the hand of his wife and also by the flash of torch lights of the accused persons. Accused Afsar, Chandu, Motaleb, Motleb, Khaleque and Mannan entering the main hut took away cash money amounting Taka 12,100/-, three shirts of the deceased and a silver chain from the neck of the..Category: Criminal Law | Date: 18 Oct, 2005 | Hits: 3
Ali Imam Vs. Executive Engineer, Gaibandha and others, 2005, 34 CLC (HCD)
....perception of a fact or law is therefore no ground and would not entitle him to seek review of a judgment or order: Similarly, an omission in making a prayer for consequential relief in the plaint as claimed was though not the sole reason for dismissal of the suit cannot be a ground for review of th...... August 29, 2005. Result: The Rule is discharged. Section 114 of the Code empowers a Court to review its own judgment and make such order as it thinks fit thereon only when the prayer for review is based on the grounds mentioned in rule 1 of Order XLVII of the Code. Without sett......a 12, 30,423 out of which he received as part payments in total Taka 4, 98,691 on different dates from 30‑6‑89 to 11‑3‑90. He was accordingly, entitled to Taka 6, 29,316 including the earnest money. Defendant No.1 on 30‑6‑92 further paid him Taka 29,824. In spite of repeated demands..Category: Civil Law | Date: 29 Aug, 2005 | Hits: 1
World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
.... the various regulations which had been prescribed with reference to the sale of rice. And therefore, under sections 23 and 24 of the Contract, Act, the contract is void and the plaintiff can base no claim upon it." 53. 'Exclusivity clause 3.21 having the object of allowing monopoly to the petit......nnek R Haque, Advocate (Joynal Abedin, Advocate with him), instructed by AKM Shahidul Huq, Advocate-on-Record—For Respondent No. 1. Not Represented—Respondent Nos. 1, 3-6. Civil Petition for Leave to Appeal No. 815 of 2005. (From the judgment and order dated 23rd April 2005 passed by......pposed to public policy or not is to be decided on general principles only. Such a. contract was immoral and opposed to public policy. Although a marriage when performed is valid, an agreement to pay money to the father in consideration of such marriage is not valid and the money cannot be recovered..Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331
....and
recommended for acceptance of the same and the evaluation report. The
deviations are deviations and disÂqualify the petitioner's/bidder from
competition among the responsive bidder. Therefore claim of being the lowest
Tender is absolutely untenable and as such the Rule is liable to be disch......to why they should not be directed to issue Purchase Order in
favour of the petitioner or to hold Re-Tender/Fresh Tender in connection with
InÂternational Tender No.02 of 2004-2005 dated 9.12.2004 for procurement of
Deck Mounted 360 steerable Outboard Propulsion Unit PowÂered by 200-220 BHP
Ma......cumstances we do not
find any substance in this Rule. Accordingly the Rule is discharged without any
order as to cost.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 20.
..
Category: Others | Date: 15 Aug, 2005 | Hits: 6
....same can be found in the case of Abul Motaleb and others Vs. Fazle Karim and others reported in 1997 MLR (AD) 192 which held,
“When the owners remained silent for over 30 years they cannot claim of the portion of such acquired land simply on the ground of non-publication of the notificati......isions as contemplated under section 5(7) of the Emergency Requisition of Property Act, 1948 is a directory one or mandatory………..(5)
The provisions of section 5(7) if not performed earlier can be perfected, by performing subsequently by the authority regularising the same a......sly as possible in accordance with law.
With this observation, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 613.
..
Category: Property Law | Date: 9 Aug, 2005 | Hits: 4
Executive Engineer, Water Development Board & anr. Vs. Md. Moktaruddin, 2006, 35 CLC (AD)
....nd that loss likely to suffer in case of an order of injunction would outweigh the loss that may be suffered by the party seeking injunction if not granted, that there is prima facie title or genuine claim of the party seeking- an order of injunction in the subject matter of the suit, (in the instan......ri in Title Suit Nos. 71 of 1994 and 61 of 1994 dismissing the suits. 3. Respondent Nos. 1-52 in Civil Appeal No. 19 of 1996, and respondent Nos. 1-72 in Civil Appeal No. 20 of 1996 filed the aforesaid suits seeking the common relief i.e. declarations that excavation of the canal in the ......on of the project, there would be deprivation of the people from the irrigation facility and consequent thereupon, there would be huge financial loss and the aid giving agency would withdraw the money provided for execution of the project. The High Court Division without addressing itself to th..Category: Property Law | Date: 2 Aug, 2005 | Hits: 84
Sadeque @ Sadequr Rahman Vs. State, 2005, 34 CLC (HCD)
....entually the accused was placed on trial in the Court of the learned Additional Sessions Judge, Narsingdi to answer the charge under section 396 of the Penal Code to which he pleaded not guilty and claimed to be tried. 5. The defence case as it transpires from the trend of cross-examination ......dgment July 27, 2005. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (Act No. V of 1898); ss. 164, 364 The Court is required to see not only that the forms under sections 164 and 364 of the Code of Criminal Procedure were complied with but also whet......lice Station, District-Narsingdi. At about 7-00 PM 15/20 dacoits being armed with cut rifles, dao, dagger, cocktail, etc. forcibly entered into the cattle market and looted away the collected toll money total worth Taka 1,70,000 from him as well as from the other toll houses. During commission o..Category: Procedural Law | Date: 27 Jul, 2005 | Hits: 9
Md. Azizur Rahman Vs. Mosammat Nazmun Nahar, 2005, 34 CLC (HCD)
....im law and the entries made therein including the signature of both the parties are protected under the provision of section 35 of the Evidence Act which has not been rebutted by the defendant except claiming that he was a minor at the relevant time. The Testimonial brought from the school of the de......, Panchbibi in Family Suit No.36/1998 shall not be set aside. 2. Facts leading to this Rule, in short, is that the plaintiff-opposite party filed the Family Suit against the defendant-petitioner for dower and maintenance stating, inter alia, that they sworn an affidavit of marriage on 25.1.98 b......d decree. Hence this Rule. 7. Mr. A.B.M Nurul Islam, the learned counsel appearing for the petitioner assailed the appellate Court's judgment submitting that the question of payment of dower money and maintenance arises upon marriage but when there is no such marriage the question of dower ..Category: Evidence Law | Date: 26 Jul, 2005 | Hits: 169
Pushpa Rani Saha Podder Vs. Rash Mohan Saha, 2005, 34 CLC (AD)
.... she would execute and register the kabala on receipt of the balance consideration money. On 24.03.1975 she executed the sale deed but the same could not be registered. The defendant No. 1 denied the claim of the plaintiffs and asserted her title and possession in the suit property on the basis of h......Kumudini Saha who in her turn, bequeathed it to defendant No. 1 on the basis of a will executed by her. DefenÂdant No. 1 obtained probate of the will in 1979. In 1984 the plaintiffs brought the suit for declaration of their title to the said propÂerty and confirmation of possession therein. An alt......iffs, in brief, is that on 23.05.1965 Kumudini Saha entered into a contract with the plaintiffs to sell the suit property for a consideration of Tk. 1600/- and received a sum of Tk. 1500/- as earnest money. In pursuance of this contract KuÂmudini executed a bainapatra on 26.05.1965 and delivered po..Category: Property Law | Date: 4 Jul, 2005 | Hits: 127
Md. Abu Aslam Advocate Vs. Rajshahi University and others, 2005, 34 CLC (HCD)
....ntiff-petitioner loss and injury to the University granted temporary injunction. 8. The learned Additional District Judge set aside and vacated the order of injunction on the finding that the claim of irreparable loss and injury to the University due to aforeÂsaid appointments does not app......aking evidence on trial and not in the interlocutory matter.………………………..(18) Humanitarian consideration and emotional thoughts cannot substitute legal consideration and ground for passing a judgÂment and order by the court at the cost of the people of the country………â€......ar Association and being a patriotic and conÂscious citizen of the country brought the suit and the application for injunction to protest the illegal appointments and to resist drainage of public money in national interest in general and in the interest of Rajshahi University in particular. He ..Category: Procedural Law | Date: 25 Jun, 2005 | Hits: 7
Swapon Kumar Gain Vs. Amita Golder, 2005, 34 CLC (HCD)
.... simple life, and with comfort and Taka 800 was not sufficient. 11. Having considered the facts and circumstances of the case I am of the opinion the plaintiff should get at least Taka 2000 as she claimed in the suit as monthly maintenance from the defendant but this amount the plaintiff will get......ing disposed of this common judgment. 3. The opposite party as plaintiff instituted Family Suit No. 11 of 1987 in the 4th Court of the Assistant Judge, Dhaka against the present petitioner praying for a decree for restitution of conjugal rights and for realization of maintenance cost alleging, in......ut any order as to costs. Civil Revision No. 1058 of 2001 is also discharged with the modification that the defendant shall pay an amount of Taka 2000 per month from the month of June, 2005 by way of money order within 10th of every English calendar month to the address of the plaintiff, as mentione..Category: Family Law | Date: 25 Jun, 2005 | Hits: 237
Jamuna Television Limited and another Vs. angladesh and others, 2005, 34 CLC (HCD)
....se. The Commission fixed the frequency fees, charges, etc., as per its guideline. The Commission was given full power to fix the charge, levy, etc. under sections 48 and 90 of the Act. 17. It is claimed that in the instant case, the fees/rates were fixed exactly in line with the assessment made......ndent Nos.1 and 2; and respondent Nos.3 and 4 should not be declared to have been made without any lawful authority and were of no legal effect and why they should not be directed to fix licence fees for terrestrial station/ transmission as per law. 2. Pending hearing of the Rule, the responden......es, Annexure-A. It also received in quick succession on 10‑4‑04 impugned letter dated 8‑4‑04 issued by and on behalf of the Commission cancelling the licence for failing to deposit the entire money as demanded within the time fixed, Annexure-A(1) and on 11‑4-04 impugned letter shown t..Category: Information Technology Law | Date: 16 Jun, 2005 | Hits: 4
Khaled Ahmed Chowdhury Vs. State, 2005, 34 CLC (HCD)
....ith a view to putting an end to the litigation on the expiry of certain period prescribed therein. The necessity of such enactment lies in preventing the hazards which could be created in the face of claims raised after lapse of long time. The law of limitation puts an end to state claims once and f......ued calling upon the Deputy Commissioner, Dhaka to show cause as to why the delay of 1710 days in filing the Criminal revisional application should not be condoned. 2. Heard the learned Advocate for the petitioner and learned Assistant Attorney-General for the State. Perused the application and......iled to satisfy the court and has absolutely failed to prove the burden reposed on him. The accused-petitioner who was alleged to have falsely impersonated himself as captain of DGFI for getting money from the informant was caught red-handed by the police. He has filed revisional application af..Category: Limitation Law | Date: 13 Jun, 2005 | Hits: 2
Mahmuda Begum and others Vs. Chairman, First Court of Settlement and others, 2005, 34 CLC (HCD)
....n is not protected under section 53A of the Transfer of Property Act and in view of the Provisions of section 5(2) of the Ordinance No.54 of 1985, the respondent No.1 was required to substantiate his claim of going into possession pursuant to the agreeÂment prior to the promulgation of the PO No.16......inistry of Works, Dhaka Vs. Mr. KM Zakir Hossain and others, 2003 BLD (AD) 24 = 8 BLC (AD) 27; Hosne Ara Begum Vs. Chairman, Court of Settlement and another, 46 DLR (AD) 9. Lawyers Involved: Lutfor Rahman Akand, Advocates - For the Petitioners. MA Azim Khair, Deputy Attorney-General -...... deceased) for a consideration of Taka 10,000 only On the date of execution of the deed of agreement on 27-12-1970, Md. Atiqullah paid a sum of Taka 4000 only to the respondent No.3 by way of earnest money. Subsequently, on different dates, opt of the balance consideration money, the responÂdent No..Category: Property Law | Date: 25 May, 2005 | Hits: 33
Abdul Momen Chowdhury and others Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....respondent No.1 is directed to provide necessary logistic support for the purpose to the respondent No.2. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 9. ......thers............Petitioner Vs. Bangladesh and others.............................Respondents Judgment May 24, 2005. Result: The Rule is made absolute. Directions sought for the petition to be allowed. Cases Referred to- Mujibur Rahman Vs. Bangladesh, 44 DLR (......le. g. Description of assets and liability of the candidate and dependant of the candidates. h. Particulars and amount of loan taken from Bank and Financial Institutions dealing with Public money personally, Jointly or by dependent or loan taken by the Company from Bank, where the candidat..Category: Election Law | Date: 24 May, 2005 | Hits: 11
New Zealand Milk Brands Ltd. Vs. Sanowara Dairy & Industries Ltd. and another, 2008, 37 CLC (HCD)
.... of Sanowara Corporation and as Sanowara Corporation has been the agent of the Predecessors-in-interest of the Petitioner, by that reason the Opposite Party No.1 is under law debarred from making any claim whatsoever over the trade mark, the proprietary interest in which belongs exclusively to the P......-in-interest of the Petitioner") who, being engaged in the business of manufacturing, importing and marketing of powder milk, butter oil, condensed milk etc. including milk products in all their forms in Class- 29 throughout the world and having acquired a reputation for the unrivalled quality ......Judge, Chittagong and subsequently transferred to the 2nd Court of Joint District Judge, Chittagong, against a predecessor-in-interest of the Petitioner, i.e., Unilac Australia Pty Ltd. praying for a money decree of Taka Twenty-eight crore that is now pending. Evident from the certified copy of the ..Category: Intellectual Property Law | Date: 21 May, 2005 | Hits: 187
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