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Nurunnahar Begum and others Vs. Government of Bangladesh, Dhaka and another, 1997, 26 CLC (HCD)
....1982 and has been residing there with members of her family. Permission of the DIT granted on 29‑8‑79 and sanction letter dated 13‑7‑81 of the House Building Finance Corporation supports such claim of the petitioner No.1. Thereafter petitioner No.1 orally gifted the house to other petitioner...... of abandoned buildings published in the Bangladesh Gazette dated 23rd September, 1986 should not be declared to have been made without lawful authority and of no legal effect. 2. Learned Advocate for the petitioners after placing the petition and other materials on record submitted that petition......wful authority and of no legal effect and respondent No.1 is directed to exclude the said house of the petitioners from the said list. Ed. This case is also Reported in:49 DLR (HCD) (1997) 432. ..Category: Property Law | Date: 24 Jun, 1997 | Hits: 22
Bangladesh Air Service (Pvt) Ltd. Vs. British Airways PLC., 1997, 26 CLC (AD)
....ance Corporation of India, AIR 1964 (Cal) 141, which Khandker Mahbubuddin Ahmed complained, the High Court Division overlooked, a suit was filed by the assignee of the insured to realise insurance claim in Calcutta High Court and the proper law of contract was decided in the suit itself. ......to the intervention of some other lawyers present in Court, into issues of wider dimensions, namely, how and in what manner the proper law of contract in a given case is to be construed, whether a foreign arbitral award is enforceable in Bangladesh, whether the Agreement is opposed to public pol......ted from the on this question of public policy but those are unnecessary for the primary point in issue in the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 187. ..Category: Contract Law | Date: 8 May, 1997 | Hits: 267
Category: Property Law | Date: 13 Mar, 1997 | Hits: 31
Category: Intellectual Property Law | Date: 9 Dec, 1996 | Hits: 218
Dr. Mohiuddin Farooque Vs. Bangladesh and others, 1996, 25 CLC (HCD)
.... the allegation that right to life of the people of country including himself who are the potential consumers of the condensed milk prepared using the imported milk powder is under threat. Petitioner claimed that he sought enforcement of the aforesaid fundamental right in public interest. Respondent......ation Testing Laboratory Chittagong (Annexure‑D). 2. Facts leading to the issuance of this Rule are as follows: Respondent No.6, Danish Condensed Milk Bangladesh Limited opened LC dated 7‑8‑94 for importing 500 metric tons of skimmed milk powder from Datraco BV Netherland (Holland). Out of 50......rder as to costs with the above directions to the respondent Nos.1 to 4. Let a copy of the Judgment be sent to the respondent Nos.1 to 4. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 438. ..Category: Health Law | Date: 1 Jul, 1996 | Hits: 272
Syeda Chand Sultana and others Vs. Government of Bangladesh, 1996, 25 CLC (HCD)
....‑7‑74 (Annexure C‑1). 4. A building was constructed on the said plot between 1978 and 1980 after getting the plan approved by the petitioners in their own name on 20-5‑77. The petitioner's claim that the 14 e property, has always been in their possession either through tenant till the end......sh Abandoned Property (Control, Management and Disposal) Order, 1972 (Presidents Order No.16 of 1972); Purpose of enactment The purpose of the Presidents Order No.16 of 1972 is to make provisions for the control, management and disposal of certain property abandoned by, certain persons who are n......page 9764(1) from the Gazette notification, 4ated 23rd September, 1986 and not to disturb the peaceful possession of the petitioners. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 547. ..Category: Property Law | Date: 16 Jun, 1996 | Hits: 32
Category: Alternative Dispute Resolution | Date: 4 Apr, 1996 | Hits: 10
Khairunnessa Vs. Illy Begum and another, 1996, 25 CLC (AD)
....girl for this statement is to assume that she must have been born before her mother. It will have to be assumed further that the mother is an enemy of her daughter and so she (the mother) was falsely claiming her to be a minor and further, that the welfare of the victim girl would be safer and bette...... Supreme Court Appellate Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Khairunnessa …………..............................Informant- Appellant Vs. Illy Begum and another……………………………Respondents J...... the criminal case, GR Case No. 87 of 1994 arising out of Balaganj Police Station Case No. 3 dated 8th October, 1994. Ed. This case is also reported in:48 DLR (AD) (1996) 67; 1996 BLT (AD) 112. ..Category: Women and Children | Date: 31 Jan, 1996 | Hits: 56
Khorshed Alam Vs. Azizur Rahman & another, 1995, 24 CLC (HCD)
....are discharged and orders of stay stand vacated. Communicate the orders to the Court below to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 48 DLR (1996) 36. ......ner (In all Revisions). SR Paul with Bazlur Rahman Chhana and Momtazuddin Fakir, Advocates-For the Opposite Party No.1 (In Criminal Revision Nos. 88, 89 and 90 o 1987). Md. Khurshid Alam Khan, for Alimuzzaman Chowdhury, Advocates ‑ For the Opposite party No.1 (In Criminal Revision No. 104 o......ccount of import of CRCA sheets though they spent the sum of Taka 33, 33,764.90 through the Agrani Bank for the said purpose and thereby manipulated the accounts of the company to conceal the company money by them by creating fraudulent accounts. 8. Mr. Md. Abdul Malek learned Advocate appearing ..Category: Criminal Law | Date: 13 Aug, 1995 | Hits: 99
Amir Hossain Khairati Vs. Abdul Aziz Bepari and others, 1995, 24 CLC (AD)
....e of the court. 6. Sub‑rule (3) of rule 1 of Order 23 of the Code of Civil Procedure provides as follows: "Where the plaintiff withdraws from a suit, or abandons part of a claim, without the permission referred to in Sub‑Rule (2), he shall be liable for such costs as ......aint under Order 7 rule 11 of the Code of Civil Procedure and further directing the trial Court to proceed with the suit in accordance with law. 2. Plaintiff‑respondents instituted the aforesaid suit for specific performance of contract against defendant Nos.1 to 11 along with defenda...... favour of the Plaintiffs, that the plaintiffs requested the principal defendants on several occasions to execute and register the sale deed in their favour on receipt of the balance consideration money but they paid no heed and hence the suit was instituted upon a new cause of action. ..Category: Contract Law | Date: 31 Jan, 1995 | Hits: 257
Maulana MA Mannan and 2 Others Vs. State, 1994, 23 CLC (HCD)
....ncealment of the accused so as to evade the execution of the warrant. Attachment under section 88 of the Code of Criminal Procedure of the property, movable or immovable, or both, belonging to the proclaimed person can be made after the order of proclamation issued under section 87 of the Code of Cr......urther order or orders passed as to this Court may seem fit and proper. 2. On 27.9.88 ASM Abdul Karim Bhuiyan, Anti‑Corruption officer of the Bureau of Anti Corruption, Dhaka lodged an First Information Report with PS Gulshan to the effect that petitioner No.1 Maulana M A Mannan former Minist......ng the distribution of wheat and that Janata Bank, Faridganj Branch, issued a Demand Draft bearing No.782470/03 dated 2.2.88 for taka two lac in favour of petitioner No.1 Moulana Abdul Mannan and the money of the draft upon collection was credited to personal account No.933 of petitioner No.1 in Agr..Category: Anti-Corruption Laws | Date: 22 Nov, 1994 | Hits: 187
Ramisunnessa Bibi and another Vs. Soleman Molla and others, 1994, 23 CLC (HCD)
...., the learned advocate appearing for the defendants opposite parties, on the other hand, contended that the predecessor of the defendants was never a tenant under the petitioners and both the parties claim the self same property by registered kabalas and in such view of the matter plaintiffs' suit f......sistant Judge, Bagerhat in Title Suit No.355 of 1969 dismissing the same should not be set aside. 2. The short facts giving rise to this Rule are, that the plaintiff petitioner filed the said suit for ejectment of the defendants opposite parties on the ground that Sirajuddin Mollah, the predecess......tion. Accordingly, the Rule is made absolute and the impugned judgment and decree are set aside. However, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 31. ..Category: Tenancy Law | Date: 5 Sep, 1994 | Hits: 182
MA Malik Vs. State, 1994, 23 CLC (HCD)
....ication was filed in this Bench. 7. After narrating the facts about the informant's petition submitted to the Deputy Commissioner and terming the allegations as absolutely false and fictitious and claiming to have committed no offence whatsoever it is stated in the application that the petitioner......e-For the State. Criminal Miscellaneous Case No.1402 of 1994. Judgment DM Ansar Uddin Ahmed J.- This is an application under section 498 of the Code of Criminal Procedure by accused MA Malik for his anticipatory bail in connection with Sylhet Kotwali PS Case No.4 dated 2.3.93 under section ...... Diary (No. 96) alleging risk to his life and Property and seeking police protection. On 3.2.93 he instituted Money Suit No.6 of 1993 in the 3rd Court of Subordinate Judge, Dhaka for recovery of cash money and prices of articles taken away by the informant and her relations from the petitioner's hou..Category: Women and Children | Date: 28 Aug, 1994 | Hits: 97
Sirajul Islam Vs. Helana Begum and others, 1994, 23 CLC (HCD)
.... of 1990 should not be set aside. 2. Facts leading to this Rule, in brief, are that the opposite party No.1 filed Family Court Case No.12 of 1990 in the Court of Assistant Judge, Akhaura on 3.6.90 claiming Taka 1, 32,500 for prompt dower, maintenance, medical expenses and value of gold ornaments,......et aside. 2. Facts leading to this Rule, in brief, are that the opposite party No.1 filed Family Court Case No.12 of 1990 in the Court of Assistant Judge, Akhaura on 3.6.90 claiming Taka 1, 32,500 for prompt dower, maintenance, medical expenses and value of gold ornaments, against the petitioner ...... of the plaintiff opposite Party No.1 was that she was married with the petitioner according to shariat and under the Muslim Family Laws Ordinance on 11.11.83, by a registered Kabin nama fixing dower money at Taka 39,999.00. At the time of marriage her father gave gold ornaments valued at Taka 14,00..Category: Family Law | Date: 27 Jul, 1994 | Hits: 196
Sonali Bank Vs. Ali Tannery Ltd. and others, 1994, 23 CLC (HCD)
....nst an order dated 12.11.91 passed by the learned Subordinate Judge and 1st Artha Rin Adalat, Chittagong, in Money Suit No.52 of 1988, disallowing the plaintiff's application for rejection of counter claim of the defendants. 2. The facts, as are relevant for disposal of the application, may be st......laintiff is directed against an order dated 12.11.91 passed by the learned Subordinate Judge and 1st Artha Rin Adalat, Chittagong, in Money Suit No.52 of 1988, disallowing the plaintiff's application for rejection of counter claim of the defendants. 2. The facts, as are relevant for disposal of t......n of counter claim of the defendants. 2. The facts, as are relevant for disposal of the application, may be stated as follows: 3. The Sonali Bank, Agrabad Branch, Chittagong filed the aforesaid money suit for realisation of an amount of Taka 1, 98, 48,632.70 being the principal amount of loan ..Category: Banking Law | Date: 25 Jul, 1994 | Hits: 191
Julhash Mollah (Md.) and another Vs. Ramani Kanta Malo and another, 1994, 23 CLC (AD)
....sion of the High Court Division. The appeal is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 35. ......2 (PC) a Single Judge of the High Court Division has held, in the impugned judgment dated 8th June, 1987 in Civil Revision No.746 of 1984, out of which this appeal has arisen by leave, that a suit for specific performance of contract by a minor is not maintainable on the ground that the contract...... Abed Ali and ultimately compromised on 17.4.1969. The defendant had to give a signed blank stamp paper to Abdul Karim Molla on 17.4.1969 for the purpose of preparing a handnote as security of the money lent to him. There was a Salish in the matter wherein it was decided that the defendant would..Category: Contract Law | Date: 25 Jul, 1994 | Hits: 295
Shankar Chandra Das and others Vs. Kalachand Das, 1994, 23 CLC (HCD)
....erty of 0.09 decimals of land and also for a declaration that the decree dated 15.7.59 passed in Title Suit No. 555 of 1958 is fraudulent, collusive, void and not binding upon the opposite party. The claim of the opposite party in his Title Suit No. 19 of 1986 is that the petitioner and the opposite...... No. 115 of 1990 affirming the judgment and decree dated 26.5.90 and 6.6.90 respectively passed by the Senior Assistant Judge, Barisal in Title Suit No. 395 of 1984. 3. The short facts necessary for the disposal of this Rule may be stated as follows: Babu Tufan Das, the predecessor of the ......e discussed the facts of the case more elaborately with reference to the evidence and the legal presumption and came to the finding that both the brothers took settlement and both of them paid salami money of Taka six hundred to the landlord by selling that paternal land to Halima Khatun. The trial ..Category: Property Law | Date: 17 May, 1994 | Hits: 3
Abdul Kader alias Kadu and others Vs. State, 1994, 23 CLC (HCD)
....cubits from the house of the informant (P.W.1). The deceased and his brother, P.W.1 Abdur Rahman, protested against forcible erection of the tin‑shed over their land, but accused Abdus Samad Mondal claimed to have got share in the said land. Out of this there was serious enmity between the two par......Abdul Kader alias Kada, Hasen Ali, Md. Dudu, Mofizuddin alias Chan, Sayeduzzaman and Abdur Rahman under sections 302/34 of the Penal Code and sentencing each of them thereunder to suffer imprisonment for life. 2. The prosecution case, in short, is that, about 2 years before the occurrence accused......ngly acquitted and be set at liberty forthwith, if not wanted in connection with any other case. Send down the case record at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 577. ..Category: Criminal Law | Date: 16 May, 1994 | Hits: 31
Samarendra Nath Roy Chowdhury Vs. Abdul Jabbar and others, 1994, 23 CLC (HCD)
.... is no discretion for the court in this regard. In 54 CWN 445, the plaintiff brought suit for a declaration of his title in certain plots of land. On one reading of the plaint it would appear that he claimed an undivided six annas in those plots. But in the body of the plaint he claimed that he was ......ivil Revision No. 2519 of 1992. Judgment Mohammad Gholam Rabbani J.—This Rule at the instance of the plaintiff is directed against the trial Court's order rejecting an application for amendment of the plaint on a major ground which is that the said application consisting of wide ......he application is mala fide or fraudulent or intends to overreach. In 13 DLR 871, plaintiff in a suit for specific performance of contract stated in his plaint that the defendant received the earnest money from him, but when it was found that the defendant could not receive the money from him as she..Category: Civil Law, Procedural Law | Date: 11 Apr, 1994 | Hits: 1
Category: Civil Law, Property Law | Date: 24 Feb, 1994 | Hits: 1