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Bux Shipping Line Vs. Bangladesh Water Development Board & others, 2002, 31 CLC (AD)
....rest on the awarded amount at the Bank rate of the Sonali Bank till realization from the date of intimation of signing of the award. 2. Facts in the background of which dispute between the parties in the proceeding arose and was referred to the arbitrator need not be stated in detail sin...... on quantity of cement to be carried was raised at different times and finally to 6000 MTs. On completion of carrying of the total quantity of cement plainÂtiff petitioner submitted bills and the payment having not been made as per billed amount the dispute in the light of the terms of the agre......alization thereof. The review petiÂtion has no merit. Accordingly the same is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 476...Category: Alternative Dispute Resolution | Date: 18 Aug, 2002 | Hits: 217
Antibiotic Stores & ors Vs. Subordinate Judge and Artha Rin Adalat & anr., 2003, 32 CLC (AD).
....uilding on plot No. 60, Gulshan Avenue hereinafter called the case property. Before completion of the building the respondent No. 2 put pressure to liquidate the loan money. The petitioners paid back part of the amount of the loan money. The respondent No. 2 then filed Title Suit No. 22 of 1991 in t......matter we do n any substance in the submission of the Counsel for petitioners for our interference impugned judgment of the High Court Division. The petition is dismissed. Ed. ......Civil Procedure is available in the execution proceedings. 2. The petitioners filed the application under Article 102 of the Constitution stating, inter alia, that petitioners have taken loan of Taka 1,30,00,000 from the respondent No. 2 on 28‑11‑1984 for construction of 10 ..Category: Business or Commercial Law | Date: 12 Aug, 2002 | Hits: 121
Abdus Sobhan Biswas Vs. State, 2002, 31 CLC (HCD)
....ncle) and accordingly, in good faith he allowed his wife to accompany the accused to Rajbari. He denied the allegation that he asked the accused to purchase any land or that his wife took any advance part payment of the sale price of then land after taking money in exchange of it. 12. PW 3 the vi...... and accordingly, in good faith he allowed his wife to accompany the accused to Rajbari. He denied the allegation that he asked the accused to purchase any land or that his wife took any advance part payment of the sale price of then land after taking money in exchange of it. 12. PW 3 the victim ......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: 54 DLR (2002) 556. ..Category: Women and Children | Date: 11 Aug, 2002 | Hits: 77
Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)
....d by the two learned Judges as indicated herein above, and in view of the decisions passed in the said Criminal Miscellaneous Case No. 521 of 2002. 6. The Rule has been contested by the opposite party, namely, the State, by filing counter-affidavit making various statements but the relevant sta......nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ......nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ..Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)
....€¦â€¦â€¦â€¦. Respondents Judgment July 27, 2002. The Evidence Act, 1872 (I of 1872), Section 79 (i) If a witness is found reliable, independent, non-partisan or disinterested then the evidence of such single witness can be taken as foundation in ta......sion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39. ......sion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39. ..Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175
Amir Hossain Vs. Homeland Footwear Ltd. and others, 2002, 31 CLC (HCD)
....ot operated properly by the petitioner and were therefore damaged and in a state of disrepair. In such premises, the respondentÂ-company refrained from making full payment to the petitioner although partial payment was made on various dates showing a total payment of Taka 60,000. It is further stat......several occasions to repay his money but without any result. As such, the petitioner firstly, served a notice on 2nd June, 2001, under section 138 of the Negotiable Instruments Act, 1881, demanding repayment within 15(fifteen) days and secondly, on 4th June, 2001, served a notice through his lawyer ......wdhury, Advocate, appears on behalf of the respondent Nos. 5, 6 and 7. 8. Dr. M Zahir, the Learned Advocate, appearing on behalf of the petitioner, submits that admittedly the petitioner allowed a loan to the extent of more than Taka 45,00,000 in favour of the respondent-company. This has been ac..Category: Company Law | Date: 21 Jul, 2002 | Hits: 226
Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)
....ormant's father. The accused persons including the accused appellant came to the house of the informant’s father on the said date at 4‑30 PM. The salish was started at 5‑00 PM and the informant party demanded that the accused appellant should take the informant as his wife with full honour and......at No.2 Jhalakati, in Nari-o-Shishu Case No.40 of 1999 is hereby set aside. Send down the lower Court record expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 527. ......at No.2 Jhalakati, in Nari-o-Shishu Case No.40 of 1999 is hereby set aside. Send down the lower Court record expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 527. ..Category: Women and Children | Date: 20 Jul, 2002 | Hits: 173
BD rep. by the Sec. Min. of Works & ors. Vs. Kazi Ashrafuddin Ahmed, 2003, 32 CLC (AD).
....as abandoned property is to state in the notice in Form II specifically the name of the owner of the property or that the person to whom the property is said to have belonged. In the notices impugned particulars of the owner being absent manifestly show that the same have been issued without ascerta......e in the submission of the learned Additional Attorney-General for our interference with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ......e in the submission of the learned Additional Attorney-General for our interference with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ..Category: Property Law | Date: 13 Jul, 2002 | Hits: 89
Ibrahim Ali and ors. Vs. State, 2004, 33 CLC (AD)
....der sections 468/109 of the Penal Code". 5. Forgery has been defined in section 463 of the Penal Code which reads as: "Whoever makes any false document or part of a document with intent to cause damage or injury, to the public or to any person or to sup......the accused there under. Accordingly, the appeal is allowed. The conviction and the sentence of the appellants under sections 468 and 468/109 of the Penal Code are set aside. Ed. ......the accused there under. Accordingly, the appeal is allowed. The conviction and the sentence of the appellants under sections 468 and 468/109 of the Penal Code are set aside. Ed. ..Category: Criminal Law | Date: 8 Jul, 2002 | Hits: 90
State Vs. Harish, 2002, 31 CLC (HCD)
....m. Hazera Begum was wearing a green half-pant and white yellow print blouse was found twisted in her neck and injuries were found on the left hand, little finger of right hand and hip and her private part was found torn. Thereafter, the informant Ali Ahmed lodged First Information Report at Narsingd......emned prisoner Harish is acquitted of the charge and let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 473.......emned prisoner Harish is acquitted of the charge and let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 473...Category: Women and Children | Date: 2 Jul, 2002 | Hits: 89
Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)
....July 2, 2002. The Constitution of Bangladesh, 1972, Articles 102 and 27 Law requires that subsequent change of terms and conditions of tender must be relayed to each and every participant so that all the participants can avail of the equal opportunity while participating in ......section 5 of the Wireless Telegraphy Act, 1993, ETV has not been using any of the BTV establishment including the 2nd VHF Channel unlawfully, the Finance Minister has rightly exempted ETV from the payment of Taka 1,200 per hour, while BTV is transmitting its programme at Taka 1,800 per hour, whi...... judgment of the High Court Division calling for our interference. All the leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 130. ..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....ustralia) Pvt. Limited, (1958) 100 CLR 597, Adegbenro Vs. Akintola, (1963) AC 614, Attorney-General Vs. Jonathan Cape Limited (Crossman Diaries Case) (1976) QB 752, R. V Secretary of State for Home Department, Ex p. Hosenball, (1977) 1 WLR 766, Re Amendment of the Constitution of Canada (1981) 123 D......on Bench wherein his appeal is pending for hearing. He managed to bribe the Judges by paying huge amount of money so that he can get an order of two years rigorous imprisonment and accordingly, after payment of the booty the judgment was prepared in that light. But this incident somehow was detected......imprisonment for a period of one month with a fine of Taka 2000 (two thousand) payable within two months, in default, to undergo further simple imprisonment for a period of one month. Part Two ..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
Hobi Sheikh and another Vs. State, 2002, 31 CLC (HCD)
....was not in the house. Then at the order of accused Ashraf, Habi committed rape on Rebeka in presence of Asia and Mazu. Rebeka lost her sense and sustained injuries on her person including her private part. At about 4:00 AM Asia Khatun informed the matter to her son‑in‑law, the father of Fazila K......llants be set at liberty at once, if not wanted in connection with any other case. Send down the case records expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 383. ......llants be set at liberty at once, if not wanted in connection with any other case. Send down the case records expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 383. ..Category: Women and Children | Date: 4 May, 2002 | Hits: 83
Delwar Hossain Vs. Rajiur Rahman Chowdhury and another, 2003, 32 CLC (AD).
....the High Court Division in Criminal Miscellaneous Case No. 3869 of 1995 discharging the Rule. 2. The facts leading to the application are that the respondent opposite party No. I as complainant filed a petition of complaint in the Court of the Chief Metropolitan Magi......, 1898 (V of 1898), Section 561A Due to inducement the complainant paid money to the accused on the undertaking to repay as and when demanded. The accused issued cheques for repayment which were dishonoured, it is a prima-facie case of deception. Moreover there is no bar to ...... interference. The criminal petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 58. ..Category: Criminal Law | Date: 24 Apr, 2002 | Hits: 71
Gouri Das and ors. Vs. ABM Hasan Kabir and others, 2003, 32 CLC (AD).
....hostile title must be asserted, adverse possession must be adequate in continuity, evidence must be adduced to show when possession became adverse so that the starting point of limitation against the party affected can be found. Since there is no evidence when the possession started and became adver......hat they were tenants under Hari Prasad Das to whom they have been paying rent since 1972. Hari Prasad Das took settlement of the suit land from Binayendra in the year 1940 and possessing the same on payment of ground rent as non‑agricultural tenant. Hari Prasad was still residing in the suit prop......urt Division is not correct inference. In view of the above, the appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 449, 635. ..Category: Tenancy Law | Date: 9 Apr, 2002 | Hits: 148
Ali Ahmed and others Vs. Government of Bangladesh and others, 2002, 31 CLC (AD)
.... liable to be released even if it remains unutilised by the requiring body. In view of the above, the leave petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 92. ......The leave petition is dismissed. The Emergency Requisition of Property Act, 1948 (xiii of 1948), Section 8B Since the possession of the land had already been delivered to the requiring body on payment of compensation the requisitioned land is not liable to be released even if it remains unuti...... liable to be released even if it remains unutilised by the requiring body. In view of the above, the leave petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 92. ..Category: Property Law | Date: 8 Apr, 2002 | Hits: 84
Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....stry of Information invited tenders to install and operate a Television Channel under the private ownership and accordingly, tender notice was published in a national daily. As many as 17 enterprises participated in the tender. The tenders were opened on 25-6-98 by the Technical Committee constitute......im that the allegation of changing the report has no basis, the report annexures A (1) is a forged one and signatures are superimposed. 8. As regards the allegation of deleting the conditions of payment of charges of Taka 1200 per hour, these respondents claimed that it was not included in the&......the order for two weeks. Mr. Razzaq opposed the prayer. However, the operation of the order is stayed for ten days. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 537. ..Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7
Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)
....udge, Court No. 2 at Barisal in Title Appeal No. 148 of 1996 affirming those dated 8-7-96 passed by Subordinate Judge, Court No. 1 in Title Suit No. 33 of 1995 in decreeing the suit. 2. Opposite party Nos. 1 to 3 and Mojibar Rahman, predecessor-in-interest of opposite party Nos. 4 to 13 as plai......laintiff No. 1 lives in a part as a monthly tenant under defendant No. 1 while plaintiffs Nos. 2 to 4 live in other parts of the suit land as monthly tenants under defendant No. 10. When they stopped payment of rents, the tenancy was terminated by service of a notice under section 106 of t......ed judgment and decree affirming those of the trial Court are hereby confirmed. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 523. ..Category: Property Law | Date: 27 Mar, 2002 | Hits: 4
Abul Hussain and others Vs. Afezuddin Mondal and others, 2003, 32 CLC (AD).
.... The Code of Civil Procedure, 1908 (V of 1908), Section 115 (i) Surrender of an under tenancy right need not be in writing but it may be inferred from the act and conduct of parties as well. (ii) The High Court Division was in error in deciding a......idence on record came to the findings that the plaintiffs failed to prove their alleged title to and possession of the suit land and that the defendants are in peaceful possession of the suit land on payment of rents. The court of appeal below further found that there was surrender of the under̴...... The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 93. ..Category: Property Law | Date: 18 Mar, 2002 | Hits: 80
Monzur Alam (Md) Vs. State and another, 2003, 32 CLC (AD).
....cation under section 344 of the Code of Criminal Procedure for staying the proceedings of the aforesaid cases pending before the Metropolitan Magistrate. The learned Magistrate after hearing both the parties stayed the proceedings for a period of six months. The three complainant respondents then fi...... The Code of Criminal Procedure, 1898 (V of 1898), Section 561A Under section 138 of the Negotiable Instruments Act an offence is committed if a cheque is dishonoured and if payment is not made within 15 days after receipt of a legal notice. It is a settled law that crimin...... All the three petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 62. ..Category: Business or Commercial Law | Date: 13 Feb, 2002 | Hits: 124
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