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DU rep. by its VC Vs. Associated Engineering & Drillers, 2004, 33 CLC (AD)
....uit for a decree of a bill of Taka 1,37,68,309,47 filed on the averments, inter alia, that the appellant floated a tender in 1978 for construction of Swimming Pool and Gymnasium and the respondent participated in the said tender and its tender was accepted by the appellant as responsive. Accordi......onsive. Accordingly, an agreement was entered into between the appellant and the respondent followed by issuance of a work order. The respondent accordingly, started construction and also received payment. Ultimately, the respondent submitted a bill of Taka 1,37,66,309.47 which was disputed......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)
....lip;(28) Effect of registration of a deed in violation of order of status quo Document registered in violation of an order of status quo would not become invalid although party violating such order would expose themselves to legal action. For such violation document can......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. ......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. ..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
Debendra Kumar Saha & another Vs. Uttara Bank Ltd, 2003, 32 CLC (HCD)
....ivil Revision No.475 of 1991. Judgment Sharifuddin Chaklader J.- These two Rules arise from a common judgment, as such, this judgment would govern both the Rules. 2. Plaintiff-opposite party filed Title Suit Nos.396 and 397 of 1981 in the Court of Assistant Judge, Sadar, Noakhali for ......rn Banking Corporation and thereafter converted to Uttara Bank Limited. After liberation of Bangladesh, the defendant did not pay rents regularly and paid rent up to 1384 BS. Thereafter, they stopped payment of rent and become habitual defaulters. The plaintiff bank requires the suit premises bonafi......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. ..Category: Tenancy Law | Date: 12 Aug, 2003 | Hits: 3
.... abscond or leave the local limits of the jurisdiction of the Court or
(ii) has, after the institution of the suit in which the decree was passed dishonestly transferred concealed or removed any part of his property, or committed any other act of bad faith in relation to his property, or
(......ving deposited the margin amount of Taka 15,00,000 was granted in his favour and as security of the above loan, the petitioner made equitable mortgage of his properties and though he made substantial payment the respondent No.2 filed Title Suit No.88 of 1993 praying for realisation of Taka 61,69,201......was issued against the petitioner, fixing the next date on 30‑4‑2003 for execution and return of warrant.
2. The case of the petitioners is that he applied to the respondent No.2 blank for a loan of Taka 50,00,000 and he, having deposited the margin amount of Taka 15,00,000 was granted in h..
Category: Civil Law | Date: 11 Aug, 2003 | Hits: 21
Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)
....ending on the last day of each month. In the said agreement the defendants agreed to pay WASA and electricity bills and he promised to deliver vacant possession of the house and premises to the first party ie the plaintiff No.1, as and when she desires on a 3 months notice and that the 2nd party pro...... accept the rent from the defendant and hence defendant filed House Rent Case No.15 of 1998 before the Court of Rent Controller and has been paying rent therein. The plaintiff No.1 also received some payment from the office of the Rent Controller and it was further asserted that the plaintiffs do no....... 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. ..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
....p;………….(24) The law of preventive detention is being misused and abused by the officers who have the power to detain a person because of lack of knowledge of the law, particularly the law under which they have been empowered to pass an order of detention. The se......rculate this Order among all the District Magistrates and all the District and Sessions Judges of Bangladesh. Ed. This Case is also Reported in: 57 DLR (2005) 327. ......rculate this Order among all the District Magistrates and all the District and Sessions Judges of Bangladesh. Ed. This Case is also Reported in: 57 DLR (2005) 327. ..Category: Constitutional Law | Date: 29 Jul, 2003 | Hits: 11
Bangladesh Vs. Md. Matiur Rahman and another, 2006, 35 CLC (AD)
....on on acceptance of the customs duty and other levies to be assessed by the Customs Authority is stayed till disposal of the writ petition. There is no order as to costs. Ed. ......n law in granting ad interim relief without noticing the fact reflected in Annexure-A dated December 6, 2001 to the writ petition. It has lastly been contended that Respondent No. 1 having had evaded payment of Tk. 10,06,61,773/- in connection with earlier imported goods, the High Court Division was......on on acceptance of the customs duty and other levies to be assessed by the Customs Authority is stayed till disposal of the writ petition. There is no order as to costs. Ed. ..Category: Business or Commercial Law | Date: 26 Jul, 2003 | Hits: 128
Hossain Shially (Fakir) Vs. State, 2003, 32 CLC (HCD)
....at the accused-appellant was not known to her since earlier and that she did not deliver the 'kupi‑bati' to the investigating officer during inquiry. She further admitted that she did not see which part of her body was touched by the accused-appellant during darkness. She claimed that she reported...... 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. ...... 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. ..Category: Women and Children | Date: 19 Jul, 2003 | Hits: 162
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
....ion and Acquisition of Immovable Property Ordinance, 1982 inasmuch as that Ordinance itself provides sufficient and adequate procedure for assessment and payment of compensation money and if any party is aggrieved by the quantum of assessment is entitled to go before the Arbitrator and if he is...... the present market value as per Ordinance of 1982 and on humanitarian point of view this court also directed the respondents to allow the petitioner to remain in the suit (sic) land till entire payment of compensation money was paid and the respondents were also directed not to distu......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
Begum Lutfunnessa Vs. Md. Shafiullah and others, 2003, 32 CLC (AD)
....s on record are sufficient for the disposal of the suit in that 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 co......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. ......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)
.... aforesaid suit. 3. The appellant in Civil Appeal No. 439 of 2001 was defendant No. 3 in the suit who filed the written statement stating, inter alia, that while he was a monthly tenant in part of the suit premises the original owner respondent No. 8 entered into a written agreement...... 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: ...... 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: ..Category: Contract Law | Date: 12 May, 2003 | Hits: 251
State Vs. Md. Motiur Rahman & anr., 2004, 33 CLC (AD)
....n arrested in connection with the instant Criminal Case. It is the definite case of the respondents that there is no specific allegation of overt act against the respondents and they did not take any part in committing the alleged murder. They stated that they were compelled to make statements under......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. ......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. ..Category: Criminal Law | Date: 12 May, 2003 | Hits: 74
Bangladesh Biman Corporation, represented by MD Vs. Rabia Bashri Irene and others, 2003, 32 CLC (AD)
....regards age of retirement between the Fight Stewards and Flight Stewardesses and respondents are to take steps accordingly without delay." 2. Writ petitions were filed challenging validity of some parts of the individual contracts of employment on the ground of being violative of Articles 27 and ......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. ......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. ..Category: Employment/Service Law | Date: 30 Apr, 2003 | Hits: 164
Amir Hossain Vs. MA Malek & others, 2004, 33 CLC (AD)
....nce of imprisonment for 1 year and reducing the sentence of fine from Taka 1,80,00,000 to 90,00,000. 2. The prosecution case is that, the complainant petitioner and convict respondents are partners and run the business in the name of Homeland Footwear Ltd. The complainant petitioner gave ......l Bank Ltd but all the cheques were dishonoured. In spite of request by the complainant petitioner the convict respondents did not take necessary steps either for the encashment of the cheques or for payment of the money. Therefore, the complainant petitioner served legal notice upon the convict res...... (XXIV of 1881) Section 138 All the requirements of law are available in this case to bring the offence under section 138 of The Negotiable Instruments Act as the convict-respondent admitted the loan, issuance of cheques by him and those cheques being dishonoured. The Code of Criminal Proc..Category: Criminal Law | Date: 15 Apr, 2003 | Hits: 88
Suo Moto Order No. 248 of 2003, 32 CLC (HCD)
....rdinary penal laws. (4) The local legal Aid committees formed by the Government be instructed to move the Courts for bail of the Juvenile accused. (5) Juvenile accused in Jail must be kept apart from other prisoners. (6) Non-official Jail visitors should include Human Rights Activists......ey General for Bangladesh for necessary action. With the aforesaid observations and directions the matters is disposed of. Ed. This Case is also Reported in: 11 BLT (HCD) (2003) 281. ......ey General for Bangladesh for necessary action. With the aforesaid observations and directions the matters is disposed of. Ed. This Case is also Reported in: 11 BLT (HCD) (2003) 281. ..Category: Women and Children | Date: 9 Apr, 2003 | Hits: 148
Sazzadul Haque Liku (Md.) and others Vs. Sarder Anwar Hossain, 2003, 32 CLC (HCD)
.... SS Haider with Bivash Chandra Biswas, Advocates‑For the Opposite Parties. Civil Revision No.509 of 2003. Judgment MA Wahhab Miah J.- This Rule was issued calling upon the opposite parties to show cause as to why the judgment and order dated 26‑1‑2003 passed by the District Ju......his Rule is made absolute. The impugned judgment and order is set aside and the plaint is rejected. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 273. ......his Rule is made absolute. The impugned judgment and order is set aside and the plaint is rejected. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 273. ..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).
.... the same paragraph it is stated that such administrative actions will have force of law only when a void is created by the absence of law and rules framed under the constitutional provision. In this particular case we find a BADC Regulations was already in existence since 1968 and the Board of BADC......ve, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 104. ......ve, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 104. ..Category: Others | Date: 24 Mar, 2003 | Hits: 87
Giasuddin Ahmed Vs. Green Delta Insurance Co. Ltd. & anr., 2004, 33 CLC (AD)
....209;12‑199‑1, are Taka 3.05 crore and Taka 2.69 crore respectively. 5. The respondent No. 2 had pledged the said 22,000 shares to IFIC Bank Ltd. Motijheel Branch, Dhaka, as part of the security for a bank guarantee provided by IFIC Bank Ltd for Taka 25 lac favouring Biman...... the pay order for Taka 44 lac in the presence of the bank officials and respondent No. 2 gave a receipt dated 31‑10‑1993 for the said pay order. The appellant having made the requisite payment as aforesaid, the Bank delivered the share certificates to the appellant on 2‑11̴......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
Govt. of BD rep. by the Sec., Min. of Housing & Pub. Work & ors Vs. Md. Javed Alam, 2004, 33 CLC (AD
.......................” 5. Mr. Saleem Ullah, learned Counsel, has entered into caveat for the respondent. We called upon him to make his submission as regard the legality of the part of the judgment taking exception to which petitioners have filed the present leave petition. Th......art of the judgment taking exception to which petitioners have filed the present leave petition. The learned Counsel for the respondent felt difficulty to support the part of the judgment relating to payment of interest @ 20% per annum on the rent actually received by the Government from the date of......ing direction to restore vacant possession of the property in question to tile respondent is maintained. Accordingly, the leave petition is disposed of in the aforesaid manner. Ed. ..Category: Property Law | Date: 24 Mar, 2003 | Hits: 463
Syeda Mazeda Khatun Vs. Bangladesh Shilpa Rin Sangstha, 2003, 32 CLC (AD).
....atutory provision may waive it and allow the contract or transaction to proceed as though the stipulation or provision does not exist. Waiver of this kind depends upon consent and the fact that other party has acted upon it is sufficient consideration. Where the waiver is not express, it may be impl...... In that view of the matter, this petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 82. ...... In that view of the matter, this petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 82. ..Category: Employment/Service Law | Date: 17 Mar, 2003 | Hits: 84
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