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Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)
....first party appellants to go to Civil Court for decision about title and possession over the suit property within one year from date and until a decision is given by the civil Court in respect of the disputed property the receiver shall continue in possession over the suit property as before and the...... of the second party respondent in Criminal Revision No. 72 of 1987 the proceeding was dropped setting aside the order of the learned Magistrate dated 14‑61987 allowing the revisional application holding that the parties are in ejmali possession of the case land and that the Non‑GR Case No. 13..Category: Property Law | Date: 27 Aug, 2003 | Hits: 414
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ......ecord cannot in any way affect legality and validity of acquisition of property and acquisition proceeding was not challenged from side of Defendants on institution of suit and learned Judge erred in holding that Plaintiffs Bank's title under acquisition by Government was not affected by documents a..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
Shafiqul Islam Vs. Government of Bangladesh and another, 2003, 32 CLC (AD)
....a person is acquitted honorably in a criminal proceeding he is entitled to get all financial benefits during the period of suspension but the petitioner was allowed only 75 % benefit. 6. It is undisputed that in the criminal case, being Special Case No. 51 of 1984 of the Court of Special Judge,......grudge and he was arrested by the police and was placed under suspension on 7‑12‑1983 with effect from 27‑10‑1983. The case was ultimately brought before the Special Judge. Dhaka Division for holding trial for allegations of offence under section 161 of the Penal Code read with section 5(2) ..Category: Administrative Law | Date: 23 Aug, 2003 | Hits: 128
DU rep. by its VC Vs. Associated Engineering & Drillers, 2004, 33 CLC (AD)
.... followed by issuance of a work order. The respondent accordingly, started construction and also received payment. Ultimately, the respondent submitted a bill of Taka 1,37,66,309.47 which was disputed by the appellant. Thereafter, the respondent as plaintiff filed Title Suit No. 1316 of 199......sts. The respondents are entitled to realise an amount of Taka 30,35,312 for which the execution case can proceed if the appellant fails to deposit the amount within 15 days from the date. Ed. ..Category: Civil Law | Date: 20 Aug, 2003 | Hits: 291
Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)
.... 477 and 8 BLC (AD) 111. The principle enunciated in the aforesaid cases that outside the scope of section 42 of the Specific Relief Act declaration can be sought for, in our opinion can hardly be disputed, but the fact remains that the relief so sought for by the plaintiff is at all available ...... is the communication from the authority rejecting the prayer for allotment of the plaintiff since the area has been shown in the “master plan" as car park]. The High Court Division, in holding the lease deed registered in favour of the defendant No. 6 collusive and fraudulent and con..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
Debendra Kumar Saha & another Vs. Uttara Bank Ltd, 2003, 32 CLC (HCD)
....d asked the defendants to vacate the premises. 4. The defendant-petitioners contested the suit by filing written statement wherein they denied the plaint case and their specific case is that the disputed premises were let out to them on yearly basis from 1950 AD by the then landlord Girish Chan......aintiff is entitled to. 7. On consideration of the depositions and documentary evidences on record, the learned Assistant Judge by his judgment and decree dated 21‑10‑1989 dismissed the suit holding that the defendants are not defaulter, the tenancy is on yearly basis and the plaintiff fail..Category: Tenancy Law | Date: 12 Aug, 2003 | Hits: 3
Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)
..... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ......vacant possession of the entire suit premises to the plaintiffs. It was asserted that the defendant shall be bound to pay a sum of Taka 5000 per day as compensation for unauthorised occupation of the holding. It was mentioned that the plaintiffs also served a notice on 27‑9‑1998 upon the defenda..Category: Tenancy Law | Date: 4 Aug, 2003 | Hits: 171
Motiar Rahman (Md.) and 18 others Vs. Government of the People's Republic of Bangladesh and others
....rculate this Order among all the District Magistrates and all the District and Sessions Judges of Bangladesh. Ed. This Case is also Reported in: 57 DLR (2005) 327. ......te/Additional District Magistrate in contradistinction to the word "Punitive Detention” according to Webster’s Third New International Dictionary means an act or fact of detaining, a holding in custody of a tardy pupil after school hours, a holding back of a motorist by a traffic of..Category: Constitutional Law | Date: 29 Jul, 2003 | Hits: 11
Bangladesh Vs. Md. Matiur Rahman and another, 2006, 35 CLC (AD)
....had evaded payment of Tk. 10,06,61,773/- in connection with earlier imported goods, the High Court Division was in error in granting the ad interim relief. 5. The Respondent No. 1 has not disputed the fact of making the demand by the Customs Authority for payment of Tk. 4,81,07,374/- due......on on acceptance of the customs duty and other levies to be assessed by the Customs Authority is stayed till disposal of the writ petition. There is no order as to costs. Ed. ..Category: Business or Commercial Law | Date: 26 Jul, 2003 | Hits: 128
Hossain Shially (Fakir) 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) 637. ......e Code of Criminal Procedure, produced the victim before competent Magistrate for recording her statement under section 164 of the Code of Criminal Procedure as well as before the medical officer for holding medical test to ascertain the allegation of rape, seized alamats and finally, submitted a ch..Category: Women and Children | Date: 19 Jul, 2003 | Hits: 162
Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)
....ion 5 of the Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (Ordinance No. 54 of 1985) observed that 'In the instant case no notice for surrendering or taking over possession of the disputed building could be produced by the Government. In view of section 5 of Ordinance No. 54 ......order dated 9‑11‑1997 of the High Court Division passed in Writ Petition No. 1320 of 1993 making the Rule absolute declaring the inclusion of the respondent's property at Plot Nos. 537 and 538 of holding No. 14, Road No. 8, Dhanmondi Residential Area, Dhaka in the 'Ka' list of the abandoned prop..Category: Immigration and Citizenship Law | Date: 8 Jul, 2003 | Hits: 279
Abdul Kader Rabbani and others Vs. Ebaruddin and others, 2003,32 CLC (HCD)
....f the opposite party Nos.1‑13 and other defendants. The suit was decreed on contest with costs against the contesting defendants and ex parte against the rest and the title of the plaintiffs to the disputed land was declared and it was also declared that the plaintiffs would get khas possession in......decree holders preferred second Miscellaneous Appeal No.22 of 1978 and the said appeal was disposed of at the Rangpur Session of the High Court Division and the High Court Division allowed the appeal holding that there was no materials on record to show that Abdul Aziz was an Indian National and sen..Category: Civil Law | Date: 1 Jul, 2003 | Hits: 4
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
.... filed another supplementary affidavit dated 8.4.2002 wherein they have annexed a copy of the Tenancy Agreement entered into between the petitioner and one Brigadier Sharif Aziz to show that the disputed plot of land before its demolition was let out to said Brigadier Sharif Aziz at a rent of T......in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 515. ..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
Jahanara Begum and others Vs. Hazera Khatun, 2003, 32 CLC (AD)
.... of the suit which will disentitle them to be included in the suit within the frame of the present suit wherein the rule in question is to be determined where the contract for sale was challenged/disputed and where on the basis of the pleading of the parties thereof the plaintiff is entitled t...... not sustainable in law and the same is accordingly set aside. In the result the appeals are allowed but without any order as to costs. Ed. This Case is also Reported in: ..Category: Contract Law | Date: 12 May, 2003 | Hits: 251
Chan Miah (Md) Vs. Md. Dabirul Islam Khan & ors., 2004, 33 CLC (AD)
....it any consideration and we also do not find any illegality or infirmity to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ......#8209;emption has to be accompanied with the consideration money together with compensation thereon at the rate of 10%. Section 96(4) of the Act provides that any co‑sharer tenant to the case holding can apply within 2 months from the date of service of summons under section 96(3)(b) of th..Category: Property Law | Date: 5 May, 2003 | Hits: 141
Bangladesh Biman Corporation, represented by MD Vs. Rabia Bashri Irene and others, 2003, 32 CLC (AD)
.... another aspect as regards the matter of discrimination between the writ petitioners and the employees of the Corporation of the writ petitioners' category employed immediately before them. It is not disputed that employees of batch Nos. 1‑27 of the writ petitioners' category although were employe...... reasonable and legal goal of achieving commercial viability and competitiveness, which was different from terms and conditions of the recruitment batches 1‑27, the High Court Division was wrong in holding that the policy change could not and should affect the terms and conditions of the Stewardes..Category: Employment/Service Law | Date: 30 Apr, 2003 | Hits: 164
United Commercial Bank Ltd. Vs. Jahangir Alam Khan & ors., 2004, 33 CLC (AD)
....d room and manhandled the petitioner, the Chairman of the Board and others and took their signatures in the letters of their resignation which was subsequently retracted. But these allegations were disputed by the added respondents No. 3. In his affidavit‑in‑opposition filed on 2̴......l, hold and conduct a meeting on the happening of any circumstances the Court being satisfied to that effect to call a meeting in the manner such a meeting is to be called, could pass an order for holding the meetings to be conducted by a neutral Chairman even in the absence of an application un..Category: Business or Commercial Law | Date: 22 Apr, 2003 | Hits: 201
Amir Hossain Vs. MA Malek & others, 2004, 33 CLC (AD)
.... is no bar for the complaint case to proceed side by side with winding up proceeding. In view of the above, the appeal is allowed. Ed. This Case is also Reported in: 56 DLR (AD) 146. ......urrendered to the Court on 3‑7‑2001 and were then enlarged on ad‑interim bail on the same date. In the meantime, the case was transferred to the court of the Metropolitan Magistrate, Dhaka, for holding trial and 13‑7‑2001 was fixed for framing charge. Since 13‑7‑2001 and 14‑7‑2001 ..Category: Criminal Law | Date: 15 Apr, 2003 | Hits: 88
Abdul Jalil Sarder Vs. State, 2003, 32 CLC (AD)
.... of Act II of 1947 is set aside and he is acquitted of the charges leveled against him. The appellant is discharged from his bail bond. Ed. This Case is also Reported in: 1 ADC (2004) 9. ......eat was not shown the High Court Division, in our opinion, was in error in not taking into consideration the prosecution case and defence of the appellant in correct perspective and thereupon in holding that prosecution was able to establish at least partial misappropriation of wheat i. e...Category: Anti-Corruption Laws | Date: 12 Apr, 2003 | Hits: 158
Suo Moto Order No. 248 of 2003, 32 CLC (HCD)
....ey General for Bangladesh for necessary action. With the aforesaid observations and directions the matters is disposed of. Ed. This Case is also Reported in: 11 BLT (HCD) (2003) 281. ......ting 'Odhikar' another non-government organization of the country also addressed the Court who submits that in fact their organization also with Save the Children (U.K.) Dhaka took the initiative for holding survey and enquiry into plights of the Children in different jails of the country on the bas..Category: Women and Children | Date: 9 Apr, 2003 | Hits: 148
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