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Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and ors., 2005, 34 CLC (AD)
....ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. ......IX, rule 1 The principle is established and settled as per present legal position that no court can pass any order of injunction or any other restraining order upon any issuing Bank for making payment under Letter of Credit. &nb......ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. ......will be multiplicity of litigations. 3. Upon filing of the suit the petitioner filed an application under Order XXXIX, rule 1 of the Code of Civil Procedure on 14‑6‑2000 and the trial Court issued an order of ad interim injunction restraining defendant Nos. 1‑4 from taki..Category: Business or Commercial Law | Date: 2 Nov, 2003 | Hits: 783
Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)
....spondents Judgment October 29, 2003. The Limitation Act, 1908 (IX of 1908) Article 120 The person whose interest is affected due to preparation of wrong record of rights of his property is authorised to file a suit seeking declaration of title within six years ......995 of the 1st Court of Subordinate Judge (now Joint District Judge), Gazipur, in Title Suit No. 44 of 1993 dismissing the suit which was filed seeking declaration of title in the land in suit and for a further declaration that names of Ananda Mohan Mondal, Gobinda Chandra Mondal, Fatik Chandra ......; 15. In view of our discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......A Khatian No. 185 and the same has been prepared correctly, that the land in suit is being managed by the Government, that the plaintiffs have no possession in the land in suit. 4. The trial Court dismissed the suit on the finding that the plaintiffs have neither title to nor possess..Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038
Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)
....6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ...... Nari‑o‑Shishu‑Nirjatan Daman Adalat, Noakhali by the judgment passed in Nari‑o‑Shishu‑Nirjatan Case No. 26 of 1997. 2. Prosecution case is that the informant has a shop of bricks and sand at Kankirhat Bazar and his daughter Parul Akther used to sit i......6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ......heet under section 6(1)/14 of the Nari-o‑Shishu‑ Nirjatan (Bishesh Bidhan) Ain, 1995 against the present appellants. At the initial stage the appellant Foran was absconding but before the trial started he voluntarily surrendered. Then 6 (six) prosecution witnesses were examined including..Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107
Amir Hossain Vs. Md. Amir Ali and another, 2003, 32 CLC (AD)
.... in possession of the suit property in part performance of the contract and also being willing to perform his part of the contract the respondent is debarred from enforcing against the petitioner any right in respect of the suit property of which the petitioner has taken possession. The High Court D......ed by the High Court Division in First Appeal Nos, 13 of 1991 and 79 of 1991. 2. The present appellant Amir Hossain filed Title Suit No. 7 of 1986 against the respondent Md. Amir Ali and others for a decree for specific performance of contract and the respondent Amir Ali filed Title Suit No. 6......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. ......alf of the appellant in both the appeals and none appeared on behalf of the respondents. The learned counsel for the appellant after taking us through the leave granting order and the judgment of the trial court and also of the High Court Division made his submissions. He assailed the judgment and o..Category: Contract Law | Date: 20 Oct, 2003 | Hits: 256
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....rty was requisitioned and acquired for Dhaka Improvement Trust (For short D.I.T.) now Rajdhani Unnayan Katripakkya (briefly RAJUK) under Land Acquisition Case No.3 of 1963-64. D.I.T. having exercised right and ownership granted lease in respect of 35 Bighas 2 Kathas and 2 Chattaks of property to Pla...... Sardar, being Dead & others, 1 BCR HCD 393. Lawyers Involved: Shamim Khaled Ahmed with Md. Mofizul Islam, Advocate - For the Appellant. Nahid Yesmin, Assistant Attorney General - For Proforma-Defendant-Respondent No.4. Muhammad Salahuddin - For Proforma-Defendant-Respondent No.5. ......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. ......vincial Government it was expedient or necessary so to do, for construction, betterment of roads, waterways or any other communications and the developments of areas for residential, commercial, industrial purpose or for establishment of parks, playing fields and open space for relief of congestion ..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
Harunur Rashid and ors. Vs. State and ors., 2004, 33 CLC (AD)
....offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed. Ed. ......Not represented‑‑Respondent No. 1 (In Criminal Petition No. 22 of 2003) Not respondent‑‑Respondent (In Criminal Petition No. 23 of 2003.) Criminal Petition for Leave to Appeal Nos. 22 and 23 of 2003. (From judgment and order dated 25‑8‑2......offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed. Ed. ......e against the convict petitioners and others on examination of the complainant and issued process. When the case was ready, he sent the case to the Court of Additional District Magistrate, Sylhet for trial and the Additional District Magistrate on receipt of the case record took up, the case for tri..Category: Criminal Law | Date: 23 Aug, 2003 | Hits: 85
Shafiqul Islam Vs. Government of Bangladesh and another, 2003, 32 CLC (AD)
....d period provided by law. In the circumstances we find no substance in the petition. The petition is accordingly, dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 37. ...... and another…….Respondents Judgment August 23, 2003. Result: The petition is dismissed. The Bangladesh Service Rules, Rule 72(a) There was no trial of the petitioner for allegation of the offence under section 161 of the Penal Code, 1860 read with section 5 (2) of t......d period provided by law. In the circumstances we find no substance in the petition. The petition is accordingly, dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 37. ......Government of Bangladesh and another…….Respondents Judgment August 23, 2003. Result: The petition is dismissed. The Bangladesh Service Rules, Rule 72(a) There was no trial of the petitioner for allegation of the offence under section 161 of the Penal Code, 1860 read..Category: Administrative Law | Date: 23 Aug, 2003 | Hits: 128
DU rep. by its VC Vs. Associated Engineering & Drillers, 2004, 33 CLC (AD)
....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. ......tle Execution Case No. 21 of 1998 allowing amendment of the execution application by way of inserting Taka 38,25,141.53 towards interests and costs. 2. This appeal arose out of the suit for a decree of a bill of Taka 1,37,68,309,47 filed on the averments, inter alia, that the appella......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. ......‑1999 but the same was dismissed on 30‑6‑1999. The appellant‑Dhaka University paid the entire awarded amount of Taka 1,37,66,309 on 26‑8‑1999 by cheque. That the trial Court made the award a Rule of the Court on 8‑3‑1998 which was contested by the a..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)
....hold, are sufficient to seek the relief challenging the allotment of the suit land to the defendant No. 6. Right to participate in the general sense in the allotment of the government land is not a right under section 42 of the Specific Relief Act, but in the instant case plaintiff accrued a righ...... 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 registra......he Constitution public property owned by the Republic or by any instrumentality of the Republic may be generally disposed of by public auction or inviting applications or tenders which will ensure fairness in the activities of the Republic and public authorities. 9. Leave was grante......llment was deposited on that very date and possession was delivered on April 3, 1993, although the suit was filed on March 23, 1993 and defendant No. 6 entered appearance on March 29, 1993, and the trial Court passed order to maintain status quo on April 3), 1993 and such hot haste activities sp..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)
....d by making permanent partition without the consent of the plaintiffs. The defendant failed to pay the WASA, electricity and gas charges of the premises regularly. The defendant denied the plaintiffs right for entry into the premises and enjoy the fruits of the trees. 3. It was further stated i......trict Judge, 3rd Court, Dhaka in Title Suit No.12 of 1999 decreeing the suit. 2. The respondents as plaintiffs instituted Title Suit No.12 of 1999 in the 3rd Court of Joint District Judge, Dhaka for ejectment of defendant-appellant from the suit property and for delivery of vacant possessi....... 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. ......legal one as it was served before the expiry of the lease period. The oral gift by the plaintiff No.1 in favour of plaintiff Nos.2 and 3 is not legal and prayed for dismissal of the suit. 5. The trial Court examined 2 witnesses on behalf of the plaintiffs and one witness on behalf of the defend..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
.... American Independence (4‑7‑1776) Thomas Jefferson said "We hold this truth to be self-evident that all men are created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty and pursuit of happiness." This is akin to Article 3......t July 29, 2003. Result: Order was circulated. Whether a District Magistrate or Additional District Magistrate is empowered to pass an order of detention making the same effective for 30 days from the date of service of the order of detention The law enunciated in sub-sectio...... Magistrates made their orders effective from the date of service because they were constrained to do so in the face of a circular dated 17‑2‑1992 issued by the then Secretary, Ministry of Home Affairs accompanied by a proforma and that the District Magistrates/Additional District Magistrates me......ition by a Court. 23. The law authorising detention of a citizen is by any standard a drastic law inasmuch as on the strength of an order of detention a citizen can be put behind the bar without trial. Mention may be made that during the height of the Second World War in the United Kingdom only..Category: Constitutional Law | Date: 29 Jul, 2003 | Hits: 11
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. ......ing him (accused-appellant) under section 6(1) of the Nari‑o‑Shishu Nirjatan Daman (Special Provisions) Ain, 1995 (hereinafter shall be referred to as said Ain) and sentencing him to imprisonment for life as well as to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for two y......ly silent about the condition of fetus and, as such, we may reasonably infer that no damage was caused to the fetus while the victim was examined long after seven months of the occurrence. So, in all fairness, it can be said that the evidence of PW 7, the doctor who examined the victim failed to asc......inst the accused appellant and three others, since prima facie case was made out against them under sections 6(1)/14, of the said Ain. 4. The case record ultimately came to the file of the present trial Court who, on the basis of materials available on record, framed charge against the accused-ap..Category: Women and Children | Date: 19 Jul, 2003 | Hits: 162
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
.... and 1227 have been made against the name of her transferee. It is further contended that the contempt petitioner was aware about the acquisition of the case land and she only purchased the right to get the compensation in respect of the case land and with an intention to realise compensat......- Amicus Curieas. Contempt Petition No.116 of 2001. Judgment Syed Amirul Islam J.- This rule was issued calling upon the respondent-contemners to show cause as to why a proceeding for contempt of Court should not be drawn up against them and punished accordingly for violatin......2001 to help them to carry out the direction of evicting the unauthorised occupants or to demolish unauthorised structures raised on those plots. It is further stated that the Ministry of Home Affairs by their letter dated 19.6.2001 also asked the Police Commissioner, Dhaka, to send forces to c......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
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. ......them unreliable or, in other words, their evidence is not worthy of consideration.” …….(7) Prosecution shall determine how many cited witnesses to be examined for proving it’s case. ……………………&helli......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. ...... petitioners. 7. The learned Counsel for the petitioner submits that although in the prosecution report as many as 37 witnesses including 5 police personnel were cited but at the time of trial it examined only 9 witnesses including 3 police personnel and the Doctor who held post mortem ..Category: Criminal Law | Date: 24 May, 2003 | Hits: 84
Begum Lutfunnessa Vs. Md. Shafiullah and others, 2003, 32 CLC (AD)
....re may be cases, as the instant one, even though there is no prayer from the parties in the proceedings for sending the suit back to the trial court or to the lower appellate court for disposal where right of the parties to the proceeding to send back on remand is dependent on the result of a suit f...... Procedure (V of 1908), Section 107(b) It is now the settled principle of law that order of remand should not be made lightly by the superior court and that if materials on record are sufficient for the disposal of the suit in that case the superior court should dispose of the same. But there m......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. ......hat case the superior court should dispose of the same. But there may be cases, as the instant one, even though there is no prayer from the parties in the proceedings for sending the suit back to the trial court or to the lower appellate court for disposal where right of the parties to the proceedin..Category: Civil Law | Date: 18 May, 2003 | Hits: 202
Jahanara Begum and others Vs. Hazera Khatun, 2003, 32 CLC (AD)
....been allowed the appellants moved this Court and leave as aforesaid was accordingly granted. 10. Admittedly the respondent Nos. 1-6 are not parties to the suit nor they have had yet acquired any right, title, interest in the suit land on the basis of alleged agreement with the plaintiff dated 1......azlul Karim J.- These appeals by leave are directed against the impugned judgment and order passed by the High Court Division in Civil Revision No. 1967 of 1999. 2. The facts relevant for disposal of these appeals are that appellant in Civil Appeal No. 438 of 2001 as the plaintiff in...... 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: ......Rule 13 of the Code of Civil Procedure and upon contested hearing Miscellaneous Case was allowed setting aside the said ex parte decree. The said appellant on 5.4.1998 filed an application before the trial Court under Order 6 Rule 17 of the Code of Civil Procedure for amendment of the written stat..Category: Contract Law | Date: 12 May, 2003 | Hits: 251
State Vs. Md. Motiur Rahman & anr., 2004, 33 CLC (AD)
....d to make statements under section 164 of the Code of Criminal Procedure implicating themselves in the instant case. They further stated that they are not involved in criminal case and they have been rightly enlarged on bail. 7. Being aggrieved by the judgment and order passed by the Hi......atements of witnesses made under section 161 of the Code or judicial confession made under section 164 of the Code, when there is strong circumstantial evidence, cannot be taken into consideration for granting bail to an accused of a murder case………..(14) Lawyers ......ns 120(b)/302/380/201/212/114/411/34 of the Penal Code, rejecting the prayer for bail now pending in the Court of learned Chief Metropolitan Magistrate, Dhaka, is hereby set aside. Ed. ...... No. 9916 of 2002 making the Rule absolute and enlarging the respondents on bail. 2. The prosecution case, in short, is that in the night following 1‑1‑2002 one Alam, an industrialist was brutally killed along with 3 maid servants Kamala, Rahima and Sakina. A first informati..Category: Criminal Law | Date: 12 May, 2003 | Hits: 74
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. ...... Mansur Habib, Advocate, instructed by ASM Khalequzaman, Advocate‑on‑Record‑For Respondent No. 1. Not represented‑ Respondent Nos. 2‑9. Civil Petition for Leave to Appeal No. 328 of 2003. (From the judgment and order dated 28th October 2002 pa......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. ......he consideration money together with the compensation thereon as required under law. It appears that the merits of the claim as to limitation and co-sharership would be determined at the trial of the case. 9. Section 96(6)(a) of the Act provides that in case of several app..Category: Property Law | Date: 5 May, 2003 | Hits: 141
Khandaker Abdul Hannan Vs. Sayara Begum, and anr., 2004, 33 CLC (AD)
....cordingly, the appeal is dismissed upon reduction of the sentence to the extent of period of imprisonment already served out. The appellant is discharged from his bail bond. Ed. ......the Muslim Family Laws Ordinance, 1961 (the Ordinance) and sentencing him to suffer one year rigorous imprisonment. The respondent No. 1 filed petition of complaint on August 12, 1986 before the Court of Magistrate, Nabinagar Upazila, Brahmanbaria, stating that the appellant drove her......cordingly, the appeal is dismissed upon reduction of the sentence to the extent of period of imprisonment already served out. The appellant is discharged from his bail bond. Ed. ...... permission of the Arbitration Council as per provisions in section 6 of the Ordinance. 2. The appellant denied the allegations made by the complainant, respondent No. 1. In due course trial was held in the Court of Magistrate, 1st Class, Upazila Nabinagar, Brahmanbaria and the said ..Category: Criminal Law | Date: 22 Apr, 2003 | Hits: 78
United Commercial Bank Ltd. Vs. Jahangir Alam Khan & ors., 2004, 33 CLC (AD)
....comment on it. 11. However, in any view of the matter, the impugned order does not suffer from any infirmity for our interference. The petition is dismissed. Ed. ......hangir Alam Khan and others ………….Respondents Judgment April 22, 2003. The Companies Act, 1994 (XVIII 1994), Section 85(2) (3) If for any reason it is impracticable to call, hold and conduct a meeting on the happening of any circ......comment on it. 11. However, in any view of the matter, the impugned order does not suffer from any infirmity for our interference. The petition is dismissed. Ed. ......ce of status quo in the composition of the Board of Directors of the company as recognised by Bangladesh Bank in its letter dated 5th September, 1999, till disposal of the injunction matter by the trial Court. Thereafter, this petition praying for condonation of delay in holding its meeting for ..Category: Business or Commercial Law | Date: 22 Apr, 2003 | Hits: 201
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