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Dilruba Aktar Vs. AHM Mohsin, 2003, 32 CLC (HCD)
....spondent was that under pressure of complainant-appellant and others he had to put signature on Kabinnama. Divorce between accuse-respondent and complainant-appellant took place on 12‑9‑1987 by agreement on payment of Taka 20,000 (Taka twenty thousand). Accused-respondent in support of his def......nant-Appellant Vs. AHM Mohsin........................................Accused-Respondent Judgment April 20, 2003. Result: Criminal Appeal No.125 of 1991 is allowed. Cases Referred to- Empress of India Vs. Gayadin, (1881) ILR 4 All 148; Queen-Empress Vs. Robinson, (1804) ILR 16......uded that The Code drew no distinction between an appeal against an acquittal and an appeal against a conviction, as regards the powers of the High Court. Speaking for the Judicial Committee, Lord Russell observed: "There is, in their opinion, no foundation for the view, apparently supported by t..Category: Family Law | Date: | Hits: 165
Alhaj Abdul Awal Ratan and another Vs. Abdul Mannan Mia and others, 2008, 37 CLC (AD)
....d to give Tk.60, 000.00 as mortgaged money against the disputed land but the disputed deed was registered as out and out sale deed. In fact the disputed deed was not a sale deed. As there was an oral agreement for re-conveyance of the land under dispute, as in pursuance of the said agreement the pre......he Petitioners. A. J. Mohammad Ali, Senior Advocate, instructed by Haridas Paul, Advocate-on-Record- For Respondent No.1. None represented- For Respondent Nos. 2-27. Civil Petition for Leave to Appeal No. 1779 of 2007. Judgment Mohammad Fazlul Karim J.- This petitioners seek leave to ......he above, we find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 272. ..Category: Property Law | Date: | Hits: 88
....e government, and work order to this effect was also issued on 15‑9‑90. Ultimately, the government by letter 28‑2‑91 regretted inability to proceed with the project and cancelled the contract agreement dated 3‑9‑90 entered into between the plaintiff and the defendant. Thereafter the defe......
Concord Engineers & Construction Ltd...............Respondent
Judgment
January 15, 1996.
Result:
The appeal is dismissed.
Lawyers Involved:
Sharifuddin Chakladar, Assistant Attorney‑General - For the Appellant.
S R Paul, Advocate ‑ For the Respondent.
Appeal from t......bordinate Judge. In this view of the matter, the appeal fails.
In the result, the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 243...
Category: Alternative Dispute Resolution | Date: | Hits: 263
Bangladesh Bank Vs. Md. Kasedul Haque Majumder, 2003, 32 CLC (HCD)
.... recurring request the petitioner gave no heed to the said demand, nor did it give any answer to any of the request the opposite party tabled. Because of the existence of an arbitration clause in the agreement, the opposite party through a lawyer, transmitted a notice dated 18.8.91 asking the petiti......vil) Present: Khademul Islam Chowdhury J AHM Shamsuddin Choudhury J Bangladesh Bank represented by its Governor…………………Petitioner Vs. Md. Kasedul Haque Majumder proprietor……………………Opposite Party Judgment January 12, 2003. Result: The rule is......ion Miscellaneous Case No.41 of 1999 is set aside. The aforementioned rule is consequently made absolute without any order as to cost. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 11. ..Category: Alternative Dispute Resolution | Date: | Hits: 218
Abdus Salam Vs. Md. Ustar and another, 1982, 11 CLC (HCD)
....n my view when the appellate Court agrees with view of the trial Court on evidence it need not re-state the effect of evidence or reiterate reasons given by the trial Court by expression of general agreement with reasons given by the trial Court would ordinarily suffice (AIR 1967 (SC) Page 1124). ......……………Petitioner Vs. Md. Ustar and another…………………………Opposite Parties Judgment November 16, 1982. Result: Therule is discharged. Case referred to- A.I.R 1967(SC) Page 1124. Lawyers Involved: BK Das - For the Petitioner. AKM Faiz - ......ge 1124). In the result this rule fails and it is accordingly discharged without any order as to cost. The stay order is vacated. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 65. ..Category: Property Law | Date: | Hits: 113
Nitai Ch. Shaha and another Vs. M/s. City Ice and Cold Storage Ltd. and others, 1982, 11 CLC (HCD)
....d Subordinate Judge are set aside and the plaintiff opposite party's petitions for amendment are rejected. Ranadhir Sen J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 61.......an J Nitai Ch. Shaha ……………Petitioners (In Civil Revision No. 4 of 1981) Umananda Shaha ……………Petitioners (In Civil Revision No. 233 of 1981) Vs. M/s. City Ice and Cold Storage Ltd. and others…………………Opposite-Parties (In both the cases) Judgment April......ment of money by the plaintiff opposite party to any Advocate for completing the formalities of sale. The defendant petitioners pleaded in their written statement that they had actually contracted to sell the suit land to six different persons and by receiving earnest money from them executed Baina ..Category: Civil Law | Date: | Hits: 132
Matira Bewa & others Vs. Sree Sudhir Chandra Saha & others, 1982, 11 CLC (HCD)
....the cases relating to minors must be regarded as falling in special category and the rule laid down in them should not, without compelling necessity, be extended to other cases We are in respectful agreement with his observation of their Lordships of the Supreme Court of Pakistan and we do not fee......………………Appellants Vs. Sree Sudhir Chandra Saha & others…………………Respondents Judgment February 10, 1982. Result: The appeal is allowed. Cases Referred to- Sarat Chandra Nath Vs. Faiz and others, 9 DLR 315; Meheri Bibi and another Vs. D. Ghose, 30......r the rule laid down in Maritime Electric Company's case is not applicable to the present case. 7. In Mia Muhammad Saeed's case the appellants who belonged to a notified agricultural tribe while selling land sold it as persons who do not belong to the notified agricultural tribe, a member of ..Category: Property Law | Date: | Hits: 146
Abul Basher Chowdhury Vs. Mehar Khatun, 1982, 11 CLC (HCD)
....n section 114 to require that the proceeding in which the Judgment to be reviewed was passed should have been one which was either permitted or not permitted by the Code.” 10. I am in respectful agreement with the ratio decidendi of the aforesaid decision. The appellate Court below assumed juri......………………….....Petitioner Vs. Mehar Khatun………………………………Opposite Party Judgment April 7, 1982. Result: The rule is discharged. Cases Referred to- Jwala Prashad Vs. Jwala Bank Ltd. (in liquidation), AIR 1961 All 381; Mr. Abilakhi Vs. Sada N......ppellate Court below calls for any interference in revision. In the result the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 6. ..Category: Procedural Law | Date: | Hits: 119
Asgar Ali Mia and others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... (F) of 2004 is disposed of accordingly. However, there will be no order as to costs. Sent down the lower Court's records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 37.......ia and others........................Appellants Vs. Bangladesh and others.......................Respondents Judgment June 3, 2010. Result: The appeal is allowed. Cases Referred to- Joynal Abedin Vs. Hafizur Rahman, 13 BLD (AD) 150 = 44 DLR (AD) 162; Abdullah Vs. Abdul Karim......-531 ante. The rights of a natural guardian under that law as interpreted by the Courts were comparatively wide. The natural guardian, as must have been seen from section 528, could mortgage, charge, sell or otherwise dispose of the immoveable Property, even without the sanction of the Court, provid..Category: Property Law | Date: | Hits: 147
Mannaco Lab. Ltd. Vs. General Certificate Officer & Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)
....Hossain Kamal, the learned Advocate for the respondent No.2, on the other hand, submits that the bank maintained the account in its usual course of business and claimed the amount on the basis of the agreement made at the time of issuing the sanction letters. He, however, submits that during pendenc......risdiction) Present: Syed Misbahuddin Hossain J Qazi Shafiuddin J Mannaco Lab. Ltd.......................Petitioner Vs. General Certificate Officer & Bangladesh Shilpa Bank, Taltola, Hill Town Hotel..................................................Respondents Judgment A......ted 29.2.88 issued by the respondent No.1 in the aforesaid certificate case are without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 159. ..Category: Civil Law | Date: | Hits: 171
Abdul Ghani Khan Vs. Abdul Rashid Khan & others, 1989, 18 CLC (HCD)
....ich was subsequently enhanced to Tk. 125/- per month since 1st of Baisakh, 1390 B.S. The rent was payable according to Bengali month within the expiry of the month for which it was due as per an oral agreement. The defendants did not pay rent regularly. They paid rent for 2/3 months at a time in spi.....................Petitioner Vs. Abdul Rashid Khan & others .............Opposite Parties Judgment June 22, 1989. Result: The rule is made absolute. Cases Referred to- M/s. A. Haque and Co. & another Vs. Alhaj Zakir Hossain, 40 DLR (AD) 109; M/s. Binning ......ade absolute. The judgment and decree passed by the learned Small Cause Court Judge are set aside and the suit is decreed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 147. ..Category: Tenancy Law | Date: | Hits: 214
Ahmed Silk Mills Ltd. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)
.....12.80 or any amount is illegal and void, that the showing of Tk.1,10,45, 529/= as due from the plaintiff-petitioner by the opposite party's letter dated 28.9.80 is mala fide, illegal, etc., that the agreements signed by the plaintiff-petitioner with the Government on 4.2.71 and with the opposite pa......Ahmed Silk Mills Ltd.......................Petitioner Vs. Bangladesh Shilpa Bank.............Opposite Party Judgment June 29, 1989. Result: The Rule is discharged. Cases Referred to- Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 38 DLR (A.D.) 70. Lawyers Involved: ......ustice and as such it does not call for any interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 140. ..Category: Civil Law | Date: | Hits: 119
Sheikh Hasina Vs. State & another, 2010, 39 CLC (HCD)
....came the lowest bidder at US $ 68 Million, but the work order was issued in favour of the 4th lowest bidder Daewoo Corporation of South Korea at US$ 99.97 million equivalent to Taka 447 crores and an agreement was signed on 11-3-1998. Daewoo Corporation was not a pre-qualified bidder and its bid did...... Sheikh Hasina................Accused-Petitioner Vs. State and another..............Opposite-Parties Judgment May 18, 2010. Result: The rule is made absolute. Cases Referred to- Mustafa Kamal Vs. Commissioner of Customs, 52 DLR (AD) 1; State Vs. Ch Bhajan Lal, AIR 1992 (......of Tejgaon PS Case No.34(8) 2002, now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 26. ..Category: Criminal Law | Date: | Hits: 106
Rajshahi Girls' High School, Rajshahi and others Vs. Md. Abdul Mannan, 1995, 24 CLC (HCD)
....oner and permanent workman. The service of the probationer is of a tentative nature. During the period of probation both parties are at liberty to decide whether they would substitute the provisional agreement between them by a contract of permanent service or not. The very idea of probation is that......ool, Rajshahi and others..................Petitioners Vs. Md. Abdul Mannan...............Opposite Party Judgment July 16, 1995. Result: The Rule is made absolute. Cases Referred to- 14 DLR (SC) 17, 20 DLR (SC) 79; 31 DLR (AD) 298; State of UP Vs. Akbar Ali, AIR 1966 SC (1742......opposite party No.1 has failed to prove his case on merits and, as such, the suit is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 472. ..Category: Employment/Service Law | Date: | Hits: 166
Dainik Janakantha Vs. Dhaka Sangbadpatra Hawkers Bahumukhi Samabaya Samity, 1997, 26 CLC (HCD)
....ahumukhi Samabaya Samity Ltd. as plaintiffs have instituted the aforesaid title suit against the defendants‑petitioners the "Daily Janakantha" and others in substance for specific performance of an agreement dated 18‑2‑93 which runs as follows: “(১) দ্বিতীয় পক্ষ ......HCD) (1996) 470. ......e impugned order dated 6‑6‑96 passed by the learned Subordinate Judge, 2nd Court, Dhaka in Title Suit No.118 of 1996 is set aside Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 470. ..Category: Civil Law | Date: | Hits: 169
Eliadah McCord Vs. State, 1995, 24 CLC (HCD)
....ected the Death Reference and convicted and sentenced the appellant to suffer five years rigorous imprisonment under section 19(1) with Clause 1(a) of the Table of the said Act. 21. We are in full agreement with the above views of the said Division Bench of this Court inasmuch as in the instant c...... is allowed in part. Lawyers Involved: Obaidur Rahman Mostafa with Farid Ahmed, Syed Khalequzzaman, Bahreen Khan and Rezeen Taheer, Advocates ‑ For the Appellant. M. Shamsul Alam, Deputy Attorney General ‑ For the State. Criminal Miscellaneous Case No.2085 of 1995. Criminal Appeal......ces it appears to us that at best she might be an abettor or helper inasmuch as she is not the owner of the goods. She had no business concern in America and she had no plan that she would get it and sell the same elsewhere. It appears that she was helping Mr. Tonny and Walter by taking those goods ..Category: Criminal Law | Date: | Hits: 162
Habibur Rahman Bhuiyan (Md.) and others Vs. Galman Begum and others, 2011, 40 CLC (AD)
....to spend TK. 2/22 lakh and he also spent TK.12 lakh for erecting the rooms. In cross-examination, he stated that presently he works at the colour shop of his maternal uncle. He had no written tenancy agreement with O.P.W.3 and no receipt of the payment of rent as well. There was no agreement to sh..............Appellants Vs. Galman Begum and others……………………………………………Respondents Judgment June 15, 2011. Result: The appeal is allowed. Cases Referred to- Abdus Samad Vs. Md. Sohrab Ali, 33 DLR (AD)113; Abdur Rashid Sarker Vs. Dines Chandra Das, 58......lling earth up to the road level. He stated that Sultan Bepari and his sons have been enjoying the case land and that there are 2/3 shops where the shop keepers are carrying on business of cement and selling tea. He also admitted that Azahar has been dealing with cement business in one shop as tenan..Category: Property Law | Date: | Hits: 138
....d to the Secretary, Ministry of Health and Family Planning for his perusal and necessary action.
AM Mahmudur Rahman J. - I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 158.
......Court
High Court Division
(Special Original Jurisdiction)
Present:
Mustafa Kamal J
AM Mahmudur Rahman J
Ruhul Amin……………………………………Petitioner
Vs.
Director, Drug Administration and Licencing Authority (Drugs), Directorate of Drug Administration…......ordance with, such licence. Under section 12(2) (a), the (Central) Government may make rules, specifying the authority to issue the same. Under section 18(c), no person shall manufacture for sale, or sell, or stock, or exhibit for sale, distribute any drug, except under and in accordance with the co..
Category: Others | Date: | Hits: 184
State Vs. Tajul Islam and 8 others, 1992, 21 CLC (HCD)
....ssions Judge has convicted as many as 27 accused persons of the charge for criminal conspiracy punishable under section 120B of the Penal Code. The offence of criminal conspiracy consists in the very agreement in between two or more persons to commit a criminal offence irrespective of the further co......90 and 1373 of 1990 are allowed. Jail Appeal Nos.959 of 1990, 960 of 1990, 965 of 1990, 964 of 1990, 962 of 1990, 1374 of 1990, 1371 of 1990 and 1370 of 1990 are dismissed. Cases Referred to- Akhter Hossain and other Vs. State, 44 DLR 83; Ram Chandra and another Vs. State of Uttar ...... a copy of this Judgment be forwarded to the learned Additional Sessions Judge Brahmanbaria, for action in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 305. ..Category: Criminal Law | Date: | Hits: 139
....is of an estoppel. Estoppel deals with representation as to existing facts and not with promises de-futuro.
26. It may, however, be possible for a person in certain circumstance to be bound by his agreement or promise not to assert a right in future by way of a waiver of right because in an indiv......of Bangladesh as revived, is directed against the Circular No.Sectt 11/M-181/81 (branch) 341/3 dated 25.02.1985 issued by the Ministry of Works, inviting Metropolitan Chamber of Commerce and Industry to send panel of three persons for appointment as a Trustee to the Board of Trustee's, Dhaka Improve......s rule is discharged without any order as to cost. The stay granted earlier is hereby vacated.
Sultan Hossain Khan J.- I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 145.
..
Category: Civil Law | Date: | Hits: 162
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