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Bangladesh Water Development Board and other Vs. Progati Prakaushali & another, 1996, 25 CLC (HCD)
.... legally made the award a rule of the Court. In view of the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 335. ......…….Petitioners Vs. Progati Prakaushali & another…………………………Opposite Parties Judgment May 13, 1996. Result: The application is rejected. Cases Referred to- 6 DLR 478; 8 DLR 305; PLD 1966 (Dhaka) 262; AIR 1941 (Sind) 111; 9 PLD 1960 (Lahore) 677; AIR...... legally made the award a rule of the Court. In view of the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 335. ..Category: Alternative Dispute Resolution | Date: | Hits: 606
Mohammad Ali Miah and others Vs. Md. Sekander Ali Haowlader, 2007, 36 CLC (HCD)
....at after negotiation, the price of the land belonging to the defendant Nos.1 to 3 was fixed at Taka 15,28,000/- only out of which the vendors received Taka 3,00,000/= as earnest money and executed an agreement; that the executants under take to both in all the necessary papers and documents in order......…………….Appellants Vs. Md. Sekander Ali Haowlader…………………………………Respondent Judgment March 7, 2007. Result: The appeal is allowed. Cases Referred to- Rash Behari Moshalkar Vs. Hiron Baja Debi and another, 1985 BLD (AD) 51; Silver Estate Ltd. V......ff is a established business man; that while he was looking for a place on the Dhaka Aricha Road to build a Patrol Pump, he came to know through his agents and brokers that the defendants intended to sell the suit land consisting of 88 decimals of land; that after negotiation, the price of the land ..Category: Civil Law | Date: | Hits: 102
....rahmanbaria informed respondent No.5 that the Ferry ghat had been granted to him from 9‑1‑96 to 30‑6‑96. Respondent No.5 and the Executive Engineer, Roads and Highways, Brahmanbaria signed an agreement. The letter of the Executive Engineer, Roads and Highways, Brahmanbaria dated 9‑1‑96 a......lway Division, Bangladesh Secretariat, Dhaka and Others………………………………….Respondents
Judgment
January 27, 1997.
Result:
The Rule is made absolute.
Cases Referred to-
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh and others case, BLD 1987 (AD) 106; M......out lawful authority and is of no legal effect.
In the facts and circumstances of the case there will not be any order as to costs.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 331.
..
Category: Civil Law | Date: | Hits: 178
Dulal Howlader & others Vs. State, 1995, 24 CLC (HCD)
.... fear. The third ingredient is to deliver to any person property out of fear. It is not necessary that threat should be used and the property received by the same individual. In a case where by prior agreement among two or more persons, one or more of the person used threat while the rest receives p......K M Hasan J Dulal Howlader & others....................Appellants Vs. State.................Respondent Judgment June 1, 1995. Result: The appeal is allowed. Cases Referred to- Wahidunnabi Vs. Abdus Sattar, 36 DLR 200, Khalilur Rahman Vs. State, 41 DLR 385; Moazammel Hu....... However, the accused may be prosecuted, if the prosecution so desires, under the normal law of the country. Send down the record. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 269. ..Category: Criminal Law | Date: | Hits: 132
Begum Shamsunnahar Chowdhury Vs. Md. Masud Jamal and others, 1994, 23 CLC (HCD)
.... House Building Finance Corporation, Rajshahi, Subsequently she executed a general power of attorney in favour of the opposite party No.1 in respect of the house. At the same time she entered into an agreement to sell the said property to the Attorney with all encumbrances and loans and dues to the ......unnahar Chowdhury...............Petitioner Vs. Md. Masud Jamal and others................Opposite Party Judgment November 23, 1994. Result: The Rule is discharged. Cases Referred to- Chattu Kutti Vs. Kundan, 1931 (61) (MLJ 852); Todd Vs. Superior Court, (1919) 7 ALR 938; West......ng Finance Corporation, Rajshahi, Subsequently she executed a general power of attorney in favour of the opposite party No.1 in respect of the house. At the same time she entered into an agreement to sell the said property to the Attorney with all encumbrances and loans and dues to the House Buildin..Category: Civil Law | Date: | Hits: 132
Bangladesh Power Development Board Vs. Sonali Bank and others, 1982, 11 CLC (HCD)
.... special facts and must be determined upon its own circumstances. There can be no hard and fast rule in determining a simple question of fact as this.” We find ourself, with respects, in complete agreement with this observation. In the present case the petitioner has examined the Advocate Mr......t Board………………………Appellant Vs. Sonali Bank and others……………………Respondent Judgment June 30, 1982. Result: The appeal is dismissed. Cases Referred to- Mirza Umar Boksh Vs. Hussan Aara and others, PLD 1960 (W.P.) Peshawar 85; Asghar Hussain Vs. ......missed the Misc. Case. The appeal is, therefore, dismissed without any order as to costs. Amirul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 157. ..Category: Procedural Law | Date: | Hits: 143
Hanif Chowdhury alias Serajul Islam Chowdhury Vs. Mohammad Hasan Ali and another, 2007, 36 CLC (HCD)
....atpara but he did not enter into a contract for transfer of the suit land. It is the case of the defendant that by practicing fraud upon the mother of the defendant the suit land was scheduled to the agreement place of the land of plot No.304. 4. The Assistant Judge upon consideration of the evid......ioners Vs. Mohammad Hasan Ali and another………………………………Plaintiff-Opposite Parties Judgment March 22, 2007. Result: The Rule is made absolute. Cases Referred to- Iman Bandi Vs. Mutsuddi, 45 IA 73; Md. Izaj Vs. Md. Iftikhar, AIR 1932 (PC) 76; 1 PLR Dhaka 6......tay granted by this Court dated 2.9.1992 is hereby vacated. The officer is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 415. ..Category: Civil Law | Date: | Hits: 129
Md. Abdul Hye and others Vs. State, 2005, 34 CLC (HCD)
....bu Zafor Siddiky alias Akhter who are currently on bail are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 403. ......sult: The appeal is allowed. The Prevention of Corruption Act, 1947 (Act No. II of 1947); section 5(2) To establish the charge under clause (c) of sub-section 5, the prosecution firstly is to prove that the accused had dominion or control over the property which was also entrusted on him ......ination he deposed that he got the motor cycle from one Shamsuddin. He did not know whether the motor cycle is stolen or not. He further deposed that as per the request of Md. Shamsuddin he wanted to sell the motor cycle to the people of Sarker hotel; that he cannot say the number of engine or of ch..Category: Criminal Law | Date: | Hits: 109
Akramuzzaman Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....hereafter, on receipt of 50% of the total amount of the lease money with VAT and tax amounting to Taka 60, 98,000.00 (Taka sixty lac ninety-eight thousand) only the respondent No.6 executed the lease agreement on 28-6-99 in favour of respondent No.7 and handed over the possession of Mongla-Ghasiakha......uzzaman ……………..Petitioner Vs. Government of Bangladesh and others……………..Respondents Judgment December 8, 1999. Result: The Rule is discharged. Cases Referred to- Dr Nurul Islam Vs. Bangladesh 33 DLR (AD) 201; Bangladesh Vs. Safiuddin 50 DLR (AD) 27; Erusi......ing which it had already collected tolls. With this direction the Rule is discharged without any order as to costs. Stay is vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 209...Category: Others | Date: | Hits: 170
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....annexed as annexure-N to the writ petition. 8. The Establishment Division, respondent No.1, duly wrote back to the Ministry of Commerce, respondent No.5, on 8-5-95 expressing their concurrence and agreement with the decision in compliance with relevant Rules in order to abolish 23 Trade Cadre pos......hment, Government of the People’s Republic or Bangladesh & others………………Respondents Judgment February 12, 1998. Result: All the Rules are made absolute. Cases Referred to- Mujibur Rahamn Vs. Government of Bangladesh, 44 DLR 111; Bangladesh Vs. Saifuddin Ahmed, 50 D......titioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357...Category: Employment/Service Law | Date: | Hits: 186
Bangladesh Vs. CMA CGM Bangladesh Shipping Limited, 2009, 38 CLC (AD)
....the order dated 01.12.2008 passed by the High Court Division in Writ Petition No.9537 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 673. ......ia Khatun, Advocate-on-Record-For Respondent No. 1. Rafique-ul Huq, Senior Advocate instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For Respondent No. 2. Civil Petition for Leave to Appeal No. 139 of 2009. (From the order dated the 1st day of December, 2008 passed by the H......the order dated 01.12.2008 passed by the High Court Division in Writ Petition No.9537 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 673. ..Category: Administrative Law | Date: | Hits: 318
Janapriya Rice Mills Ltd and 2 others Vs. Bangladesh, 1996, 25 CLC (HCD)
....he petitioner of each of the Rules to renew its milling licence within 7 days and to take delivery of certain quantity of paddy furnishing bank guarantee of 60% of the value thereof and to enter into agreement within 15 days for milling paddy. Without complying with the said direction petitioner of ......……Respondents Judgment December 2, 1996. Result: All the Rules are discharged. Lawyers Involved: Md. Rafiqul Islam, Advocate ‑ For the Petitioner. AM Aminuddin, Assistant Attorney‑General ‑ For Respondent No.1. Writ Petition No.735 of 1992 with Writ Petition No.2435...... passing the impugned order. We therefore find no merit in these Rules. In the result, all the Rules are discharged with costs. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 277. ..Category: Others | Date: | Hits: 146
Bangladesh Water Development Board Vs. Zakir Construction and Co. and another, 1995, 24 CLC (HCD)
....1) Where the Court removes an umpire who has not entered on the reference or one or more arbitrators (not being all the arbitrators), the Court may, on the application of any party to the arbitration agreement, appoint persons to fill the vacancies. (2) Where the authority of an arbitrator or ar......during 1989‑91. A work order for Taka 1,75,00,000.00 was issued in favour of opposite party No.1. Subsequently a dispute about enhancement of rates for payment of bills arose and the parties agreed to settle the dispute through arbitration and accordingly, Mr. Justice Maksum-ul‑Hakim was appoint......re of justice. In the result, the Rule is discharged without any order as to costs. Send a copy of the order to the Court once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 261. ..Category: Alternative Dispute Resolution | Date: | Hits: 521
British Airways Plc. Vs. Bangladesh Air Services Pvt. Ltd., 1996, 25 CLC (HCD)
....s of carrying passengers and goods to and from different parts of the world. The opposite party Bangladesh Air Service Pvt. Ltd. is a Private Limited Company registered under the Companies Act. By an agreement dated April 18, 1980, the petitioner British Airways Plc appointed the opposite party as i......Plc..................Petitioner Vs. Bangladesh Air Services Pvt. Ltd..................Opposite Party Judgment February 8, 1996. Result: The rule is made absolute. Cases Referred to- Michael Golodetz Vs. Serajuddin and Co., AIR 1963 (SC) 1044; Rabindra N. Maitra Vs. Life Insu......e, Dhaka, in Arbitration Misc. Case No.368 of 1994/37 of 1994 is set aside. Send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 249. ..Category: Alternative Dispute Resolution | Date: | Hits: 304
Estaque Ali Howlader & others Vs. Jahangir Alam Matbar, 1983, 12 CLC (HCD)
....ated 7.7.83 passed by the learned District Judge, Bakerganj in Miscellaneous Appeal No.96 of 1983 in hereby set aside. No costs. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 398. ......ion for temporary injunction of the opposite parties. 2. The opposite parties filed Title Suit No.225 of 1983 for a permanent injunction restraining the defendants-petitioners, from entering into the suit properties by force. Their case, in brief, is that plaintiff No.1 Jahangir Alam Matubbar......3 on 23.4.77 and it took over the aforesaid partnership business on that day. On 27.2.83 defendant No.1, the father of plaintiff No.1, a Director of the Company, and three other defendants offered to sell their entire shares to plaintiff No.1 and his wife plaintiff No.2. The offer was accepted and i..Category: Civil Law | Date: | Hits: 147
M/s Shorhab Vegetable Oil Refinery Limited Vs. Artha Rin Adalat and others, 2007, 36 CLC (HCD)
.... by any competent agency in presence of both the parties. 9. The stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 537.......sary for disposal of this rule. In short, are that the respondent No.2 Janata Bank, as plaintiff, filed the aforesaid Artha Rin Case against the petitioner and other for realization of loan amounting to Tk.23, 62, 44, 835.60. This petitioner appeared in that suit and filed written statement, the sui...... for the writ petitioner has pointed out that sub-section (1) of section 12 of Artha Rin Adalat Ain, 2003 provides that no financial institute shall file any suit for realization of loan money before selling the pledge goods and adjustment the sale-proceeds thereof against the outstanding loan amoun..Category: Civil Law | Date: | Hits: 120
Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....ained by him, would merely be evidence that the property had so passed. 40. In Tara Prasad Mytee and another Vs. Nund Kishore Giri and others (Supra) their Lordships of Calcutta High Court in full agreement with the Judgment of a Division Bench of Calcutta High Court in Doorga Narain Sen Vs. Bane......sak being dead her heirs: I(i) Sree Narayan Chandra Basak and others………………………Plaintiffs-Petitioners Vs. Government of Bangladesh, represented by the Deputy Commissioner, Collectorate Building, P.S. Kotwali, District-Dhaka and others………………………Defendants-Opposi......ed, and, as such, it stands discharged for non-prosecution. No cost. Lower Courts Records are sent down. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 506; 13 BLC (HCD) (2008) 1. ..Category: Procedural Law | Date: | Hits: 108
Zafar Ali (Md.) Vs. Md. Momtaz Hasan & others, 1997, 26 CLC (HCD)
....rring the lands of Ka and Kha schedule of the plaint have embraced the nature of usufructuary mortgage and not out and out sale and as such, is subject to redemption. In the same sitting two deeds of agreement were executed in favour of the plaintiff by the defendant No.1, stipulating therein that t......…Petitioner Vs. Md. Momtaz Hasan & others……………………………Opposite Party Judgment February 19, 1997. Result: The Rule is made absolute. Cases Referred to- Abdul Kader and another Vs. Abdul Aziz, 19 DLR 404; Nuruddin Ahmed Chowdhury Vs. Gunnu Meah r......hose of the trial Court are restored. The suit is decreed. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 319. ..Category: Property Law | Date: | Hits: 117
Bangladesh Vs. Hosne Ara Begum and others, 1994, 23 CLC (HCD)
.... Government in pursuance of a registered deed of lease. After the death of Syed Abdul Ali, his heirs, namely, defendant Nos.1 to 4 inherited the suit property. The defendant No.1 to 4 entered into an agreement with the plaintiff on 6‑7‑1993 for selling the suit property at a price of Taka 80,000......itioner Vs. Hosne Ara Begum and others......................Opposite Parties Judgment May 8, 1994. Result: The Rule is discharged. Lawyers Involved: AY Salehuzzaman, Deputy Attorney‑General - For the Petitioner. Md. Zakir Hossain, Advocate ‑ For the Opposite Party No.......lease. After the death of Syed Abdul Ali, his heirs, namely, defendant Nos.1 to 4 inherited the suit property. The defendant No.1 to 4 entered into an agreement with the plaintiff on 6‑7‑1993 for selling the suit property at a price of Taka 80,000.00 at the time of execution of the deed of agree..Category: Property Law | Date: | Hits: 157
Ferdousy Begum (Doli) Vs. Mahela Khatoon and others, 1996, 25 CLC (HCD)
....A Case No.13/59‑60 for rehabilitation of the refugees. Subsequently Assistant Commissioner, Settlement by an order dated July 20, 1979 allotted the same to the opposite party 1. She entered into an agreement for sale with the petitioner on July 11, 1991 and received Taka 1,50,000.00 as advance mon......urt High Court Division (Special Revisional Jurisdiction) Present: AM Mahmudur Rahman J Nurul Islam J Ferdousy Begum (Doli)………………………Petitioner Vs. Mahela Khatoon and others……………………………Opposite Parties Judgment December 10, 1996. ......or the aforesaid reasons we do not find any substance in this petition. The result is; we reject the petition in limine. No costs. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 313. ..Category: Civil Law | Date: | Hits: 121
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