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Amir Hossain Vs. Md. Amir Ali and another, 2003, 32 CLC (AD)

....ondent and upon such depositing the amount, the respondent shall execute and register the sale deed in favour of the appellant within 1 (one) month in default, appellant may get the deed executed and registered through the Court. In case of default by the appellant to pay the above amount as directe......tered through the Court. In case of default by the appellant to pay the above amount as directed, the appeals shall stand dismissed. Ed. This Case is also Reported in: II ADC (2005) 38. ......executed and registered through the Court. In case of default by the appellant to pay the above amount as directed, the appeals shall stand dismissed. Ed. This Case is also Reported in: II ADC (2005) 38. ..

Category: Contract Law | Date: 20 Oct, 2003 | Hits: 256

Abul Kashem Khan Vs. State, 2003, 32 CLC (HCD)

....informant lodged a FIR with Daudkandi Police Station alleging that on 20‑10‑2001 he, his wife and other members of his family went to Daudkandi police station to make statements in an arson case (registered as GR case No. 229/01) against the accused persons leaving his son Arif, (11) at home. Th......rvations made in the body of this judgment. Communicate the order to the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 431. ......rvations made in the body of this judgment. Communicate the order to the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 431. ..

Category: Women and Children | Date: 27 Aug, 2003 | Hits: 157

General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)

....g staff and officers quarters. Plaintiff Bank got allotment and physical possession upon measurement. Possession of the property was delivered on 21.12.1979. Standard Lease Agreement was executed and registered on 6.4.1981 Plaintiff Bank exercised ownership and acts of possession on leased out suit ...... in writing, requisition any property for the Board arid could make such further order as might appear to Government necessary or expedient in connection with such requisition. 34. Section 93A(3) postulated that when order of requisition had been served under sub-section (2) in respect of a prop......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. ..

Category: Property Law | Date: 23 Aug, 2003 | Hits: 35

Harunur Rashid and ors. Vs. State and ors., 2004, 33 CLC (AD)

....ahman are attesting witnesses whereas Abdus Shahid was the scribe of the deed in question; that aforesaid Biresh Chandra Das being aware about the forged deed filed the petition of complain which was registered as CR Case 1080 of 1982 in the court of Magistrate,  Beanibazar, Sylhet.  ......offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed.     Ed. ......offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed.     Ed. ..

Category: Criminal Law | Date: 23 Aug, 2003 | Hits: 85

DU rep. by its VC Vs. Associated Engineering & Drillers, 2004, 33 CLC (AD)

.... appellant supporting the grounds, submitted that the executing Court has no power or jurisdic­tion to permit the amendment of an application under Order XXI rule 11 CPC after the same has been registered and the initial claim was satisfied. The learned Counsel further submitted that even if......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. ......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)

....;               August 18, 2003. Company Matter There is no bar in law for a company which is going to be registered to act in its name or on its behalf prior to registration and act or acts so done upon ......previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed.  There is no order as to costs.  Ed. ......    Cases Referred to-  ILR 22 Madras 270, AIR 1925 PC 36, AIR 1979 SC 114, (1911) 1 KB 410, (1953) 2 QB 18, AIR 1975 SC 1810, 9 PLR (Dhaka Series) 477 and 8 BLC (AD) 111,Rajdhani Unnayan Kartipakhya and another vs. Mohshinul Islam and another 53 DI‑R (AD)..

Category: Property Law | Date: 18 Aug, 2003 | Hits: 216

Debendra Kumar Saha & another Vs. Uttara Bank Ltd, 2003, 32 CLC (HCD)

....llip;………………………Opposite Party Judgment August 12, 2003. Result: Both the Rules are discharged. In absence of any registered documents the claim of the defendants-petitioners that they have had been treated as tena......no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ......ises is required by the plaintiff-Bank for installing a branch at the suit premises………….(15) Cases Referred to- 43 CWN 797; 22 DLR 56; 22 DLR (SC) 360; 1987 BLD (AD) 147. Lawyers Involved: Nikhilesh Dutta with Mihir Kanti Majumder, Advocates-For the Pe..

Category: Tenancy Law | Date: 12 Aug, 2003 | Hits: 3

Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)

....tending, inter alia, that the property described in the schedule of the plaint originally belonged to the Government of Bangladesh and was allotted to the husband of the plaintiff No.1 by executing a registered deed of lease in perpetuity. The husband of plaintiff No.1, gifted the property to his wi...... 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 defendant by registered post and the same was received by the defendant but he did not vacate the suit premises and hence th......he court below has rightly decreed the suit. In support of his contention the teamed Advocate for the respondent has referred to the case of Ramjan Ali Mistry Vs. Md. Hedayetullah reported in 31 DLR (AD) 183 wherein it was held: "point of default on the part of the tenant will be not only ..

Category: Tenancy Law | Date: 4 Aug, 2003 | Hits: 171

Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)

....y and Secretary, Ministry of Foreign Affairs of erstwhile Pakistan was allotted holding No. 14, Road No. 8, Dhanmondi Residential Area, Dhaka on the basis of a lease deed executed on 24­8‑1956 and registered on 25‑9‑1956 by the Dhaka Improvement Trust (DIT). Dr. Mahmood Hasan constructed a bu......d any merit in the submissions of the learned Counsel for the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: ...... be said they are not citizens of Bangladesh………………..(26) Cases Referred to- Speed Bird Navigation Vs. Bangladesh 27 DLR 170; Government of Bangladesh Vs. Abdul Hoque 1982 BLD (AD) 143; Government of Bangladesh Vs. ATJ Industries 28 DLR (AD) 120; Farida Aziz Vs. Government of ..

Category: Immigration and Citizenship Law | Date: 8 Jul, 2003 | Hits: 279

Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)

....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. ......12.2001 whereby the contemner No.2 was brought on record as he was acting Chairman of RAJUK on and from 1.11.2001 after the transfer of Mr. Azizul Haque the immediate past Chairman of RAJUK from that post who is con­temner No.1. Thereafter the petitioner also filed another supplementary affidavi......A.B. Khandakar, 16 DLR 486; 16 DLR (SC) 722; 16 DLR (SC) 731; M.O. Ghani Vs. A.N. Mahmood, 18 DLR (SC) 463; 18 DLR (Dhaka) 242; Mohd. Yusuf Vs. Chief Settlement Commissioner, 20 DLR (SC) 187; 39 DLR (AD) 1; AIR 1949 (Lahore) 131; Hari Bishnu Kamath Vs. Ahmed Ishaque, AIR 1955 SC 233; AIR 1958 (PUNJ...

Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13

Zahed Ali Foreman (Driver) and ors. Vs. State, 2004, 33 CLC (AD)

....terference is called for by this Division in respect to the judgment and order of the High Court Division.      Accordingly, the petition is dismissed. Ed. ......as submitted under various sections of the Penal Code against 12 accused persons.  5. Prosecution in all examined 9 witnesses including 2 police personnel and the Medical Officer who held post mortem examination of victim Sabuj and noticed as many as 11 incised wounds on the body of the ......terference is called for by this Division in respect to the judgment and order of the High Court Division.      Accordingly, the petition is dismissed. Ed. ..

Category: Criminal Law | Date: 24 May, 2003 | Hits: 84

Begum Lutfunnessa Vs. Md. Shafiullah and others, 2003, 32 CLC (AD)

....78 received further amount of Taka 2,00,000 out of the total consideration money from the plaintiffs through their Manager, Md Fazlul Huq. It was stipulation in the agreement that the kabala would be registered within 3 months from the date of intimation by the defendant No. 1 about his readiness to......of Subordinate Judge, Commercial Court No. 2, Dhaka. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 102. ......ng in the Court of Subordinate Judge, Commercial Court No. 2, Dhaka. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 102. ..

Category: Civil Law | Date: 18 May, 2003 | Hits: 202

Jahanara Begum and others Vs. Hazera Khatun, 2003, 32 CLC (AD)

....ating that the alleged Bainapatra dated 12.9.1970 is false, ante-dated and fraudu­lently created. 5. Title Suit No. 27 of 1976 was decreed ex parte on 5.1.1985 and the Kabala was exe­cuted and registered through the Court. The respondent Nos. 1-6, however, purchased the suit land from the pla...... 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:  ......ers............Respondents (In both the Appeals) Judgment May 12, 2003. Result: Appeals are allowed. Cases Referred to- Golam Kader Vs. Abdul Khaleque Choukder, 43 DLR (AD) 107, AIR 1931 PC 162. Lawyers Involved: T. H. Khan, Senior Advocate, (Mr. A. Quayum, ..

Category: Contract Law | Date: 12 May, 2003 | Hits: 251

Bangladesh Biman Corporation, represented by MD Vs. Rabia Bashri Irene and others, 2003, 32 CLC (AD)

....sion. In the afore state of the matter we find no substance in these petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in:  55 DLR (AD) (2003) 132. ......1993, on separate contracts in exactly the same form and are part of a batch of appointees known as Batch 28. The writ petitioners pursuant to the advertisement dated October 14, 1991 applied for the post of Flight Stewardess and they having had qualified in the written and viva examination received......e High Court Division. In the afore state of the matter we find no substance in these petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in:  55 DLR (AD) (2003) 132. ..

Category: Employment/Service Law | Date: 30 Apr, 2003 | Hits: 164

United Commercial Bank Ltd. Vs. Jahangir Alam Khan & ors., 2004, 33 CLC (AD)

....udgment and order dated 22nd June, 1999, condoned the delay and directed holding of the said AGM with due notices to the said Akhtaruzzaman Chowdhury and his wife Mrs. Nurun Nahar Chowdhury through registered post. In due course, notices were issued and published in the newspapers on l2th August,...... order dated 22nd June, 1999, condoned the delay and directed holding of the said AGM with due notices to the said Akhtaruzzaman Chowdhury and his wife Mrs. Nurun Nahar Chowdhury through registered post. In due course, notices were issued and published in the newspapers on l2th August, 1999, for......out prejudice to anybody as it was done in similar other occasions. In support of his contention the learned Counsel refers to the decisions reported in AIR 1952 Mad 60, PLD 1968 Dhaka 610: 38 DLR (AD) 296.  Section 81(2) reads as under:     (2) If a c..

Category: Business or Commercial Law | Date: 22 Apr, 2003 | Hits: 201

Sazzadul Haque Liku (Md.) and others Vs. Sarder Anwar Hossain, 2003, 32 CLC (HCD)

....e plaintiff prayed for a decree for permanent injunction restraining defendant Nos.1 and 2 from changing the polling stations from Debipur Government Primary School to Naldanga School and from Joypur registered non government primary school to Panchapolli Nimna Maddhamik Biddalaya. Such kind of suit......য়।” 3. In the plaint it has been stated, inter alia, that the plaintiff is a voter being No.00369 of village Haridanga, Ward No.3 of Salamabad Union Parishad and is a candidate for the post of Chairman of the ensuing Union Parishad election. The date of the election was fixed on 28‑......…………....Opposite Parties Judgment March 24, 2003. Result: Rule is made absolute. Cases Referred to- AFM Shaha Alam Vs. Mozibul Hoque, 41 DLR (AD) 68; Md. Rafiqul Alam Vs. Mustafa Kamal and others, 1990 BLD (AD) 151=42 DLR (AD) 137; Chowmahani..

Category: Civil Law, Election Law | Date: 24 Mar, 2003 | Hits: 2

Motiur Rahman and others Vs. Chowdhury Md Mahfuzul Islam and ors., 2003, 32 CLC (AD).

....ve, both the appeals are dismissed without any order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 104. ......y, 2601 in Writ Petition No. 456 of 2001 making the Rule absolute.   2. The Civil Appeal No. 443 of 2001 is by Motiur Rahman and others who are holding the (separated) posts of Superintending Engineer, in Bangladesh Agricultural Development Corporation. ......gineer, in Bangladesh Agricultural Development Corporation.   3. The Civil Appeal No. 444 of 2001 is by the Chairman, Bangladesh Agricultural Development Corporation (BADC), Dhaka.   4. The facts, in short, are that, the writ petitioner..

Category: Others | Date: 24 Mar, 2003 | Hits: 87

Giasuddin Ahmed Vs. Green Delta Insurance Co. Ltd. & anr., 2004, 33 CLC (AD)

....elevant in the instant case as it is a public company whose shares are traded in the Stock Exchange Commission. Persons buying shares on the open market are led to believe that their shares will be registered in their names, and that conversely when they sell shares the transferee will not have ......s both seen and taken together would not bar the respondents to register the appellant's share.  In view of the above the appeal is allowed without any order as to costs. Ed. ......s both seen and taken together would not bar the respondents to register the appellant's share.  In view of the above the appeal is allowed without any order as to costs. Ed. ..

Category: Business or Commercial Law | Date: 24 Mar, 2003 | Hits: 286

Mobarak Hossain alias Mobarak Vs. State, 2004, 33 CLC (AD)

....e petitioner under sections 6(3) and 14 of the Ain.  3. The Nari‑o‑ShishuNirjatan Daman Special Court, hereinafter referred to as the Special Court, upon receipt of the record registered Nari‑o‑Shishu Nirjatan Case 145 of 1997.  4. The petitioner and 4......at the time of incident; that on the following morning she narrated the incident to her husband and at that time her husband stated to her that accused persons wrapped his mouth and tied him with the post and threatened him not to raise hue and cry; that her husband was untied by his brother's son R......titioner and other convicts unsustainable in law we find no reason to interfere with the judgment and order sought to be appealed.  Accordingly, the petition is dismissed. Ed. ..

Category: Procedural Law | Date: 24 Mar, 2003 | Hits: 121

Syeda Mazeda Khatun Vs. Bangladesh Shilpa Rin Sangstha, 2003, 32 CLC (AD).

....   In that view of the matter, this petition is dismissed.   Ed.   Same Case Cited in:  55 DLR (AD) (2003) 82. ...... it is not supported by any law…………(16)    Cases Referred to-   Narendra Chedda vs. Union of India AIR 1986 SC continued in such post till 7‑6‑2000 when the 638; Bangladesh vs. Md Azizur Rahman 46 DLR(AD) 29 Abdul Maz......sp; Cases Referred to-   Narendra Chedda vs. Union of India AIR 1986 SC continued in such post till 7‑6‑2000 when the 638; Bangladesh vs. Md Azizur Rahman 46 DLR(AD) 29 Abdul Mazid vs. Mushafi Ahmed 17 DLR SC 131 ref. (10, 11, 16 & 17)   ..

Category: Employment/Service Law | Date: 17 Mar, 2003 | Hits: 84