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Motiul Hoque Vs. Dhaka Improvement Trust (RAJUK) & another, 1990, 19 CLC (HCD)
....deration of the payment of Taka 8,154/‑ for the purpose of erecting a residential house by the plaintiff, for a period of 99 years commencing from the 30th day of October, 1962 and pursuant to that agreement and for consideration of Tk. 8,154/‑ paid in full by the plaintiff, the defendant No. 1 ......……………………………………………………….Appellant Vs. Dhaka Improvement Trust (RAJUK) & another.........Respondents. Judgment March 14, 1990. Cases Referred to- Messers Chaina Fibre Company, Ltd. and 4 others Vs. Abdul Jabbar and 9 others, 20 DLR (SC) 3......the result, the appeal is dismissed Without any order as to costs and the judgment and decree passed by the trial Court is hereby affirmed. Ed. This Case is also Reported in: 43 DLR (1991) 407. ..Category: Property Law | Date: | Hits: 87
Mohammad Abdul Alim Vs. Government of Bangladesh and others, 2009, 38 CLC (AD)
....a from one Abdus Sattar and Khorshed Anwar, the admitted owners of the property in question at a consideration of TK. 5.00,000.00 on 18.02.1999 (Annexure-C to the writ petition) in pursuance of the agreement dated 12.10.1984 entered into on payment of advance amount of TK.3.00,00.00 (three lacs).......espondents Judgment June 4, 2009. Lawyers Involved: Khondakar Mahbubuddin Ahmed, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. Mahbubey Alam, Attorney General-For the Respondents. Civil Appeal No.90 of 2004. (From the judgment and order d...... the continuance of the property as abandoned is not maintainable. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 233...Category: Property Law | Date: | Hits: 65
M/s. Ok-Kyung Oh Vs. Tea Hung Packaging (BD) Limited and others, 2010, 39 CLC (AD)
....BD) limited, is a private Company limited by shares, incorporated in Bangladesh under the provisions of the companies Act 1994. The Company was set up on 1st October, 1996 pursuant to a joint venture agreement dated 14th September, 1996 executed by four South Korean and three Bangladeshi citizens. T......r the Petitioner. Mrs. Tania Amir, Advocate, instructed by Mrs. Mahmuda Begum, Advocate-on-Record-For Respondent No.2. Not represented-Respondent Nos. 1 & 3-4. Civil Petition for Leave to Appeal No.837 of 2010. (From the judgment and order dated 26.10.2009 passed by the High Court ......stion." Security Tk. 1,000/- is to be deposited within 1(one) month. Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 193...Category: Company Law | Date: | Hits: 175
Farid Karim Vs. State, 1992, 21 CLC (HCD)
....legislature that information received be used in its wider sense and not to make it narrow so as to make it imperative for the police officer to put it into writing and, therefore, we are not in full agreement with the view taken in cited case. Though we hold the view that it may not be incumbent on......, 11 DLR (WP) 58; Abdur Rouf and others Vs. State, 38 DIR 188; Hamzo Vs. The State, 1960 PLD (Karachi) 817; Safar Ali Vs. The State, 36 DLR 185 Lawyers Involved: Shah Azizur Rahman, Assistant Attorney General ‑ In support of Reference. Serajul Huq with ABM Golam Majid, Anisul Huq and Ferd......o the house of the proprietor in search of Tutul the proprietor and his other brothers demanded bangles from them and threatened them saying that they would realise the price of the bangles by way of selling the CI Sheet of their sheds. On repeated request Firoj, his brother Farid Sharif and employe..Category: Criminal Law | Date: | Hits: 84
Giasuddin Ahmed and others vs. Bangladesh and others, 2010, 39 CLC (HCD)
....ion 5A empowered the Government to transfer in public interest the undertaking of BTT B including its officers and employees to a public limited company registered under the Companies Act, 1994 by an agreement on such terms and conditions as may be specified therein. Sub-section (2) of Section 5A pr......resent: Md. Mamtaz Uddin Ahmed J Naima Haider J Giasuddin Ahmed and others.................Petitioners Vs. Bangladesh and others………………………Respondents Judgment October 11, 2010. Cases Referred To- 48 DLR (AD) 20; 49 DLR 257. Lawyers Involved: Rokanu......cate the judgment and order to respondent No.2 and 6 at once. Ms. Naima Haider J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 405; 64 DLR (HCD) (2012) 314. ..Category: Constitutional Law | Date: | Hits: 145
Moyezuddin Mondal Vs. Bena Rani Das & others, 1992, 21 CLC (HCD)
....d to live elsewhere with her other relations inside the country after selling out the suit‑property. The plaintiff‑petitioner being her closest neighbour wanted to purchase the same and a deed of agreement (bainanama) for sale between the plaintiff and defendant No.1 was accordingly executed on ...... allegations, inter alia, that the defendant‑opposite party No.1 was the owner of the suit property on the basis of a transfer deed dated 2.4.1937. Her name was mutated in the khatians and she used to pay taxes in her name and also lives in the suit‑holding along with two monthly tenants; that h......her husband died and she became a widow with her 2 daughters who however being married became inhabitants of India. Hence she tried to live elsewhere with her other relations inside the country after selling out the suit‑property. The plaintiff‑petitioner being her closest neighbour wanted to pu..Category: Procedural Law | Date: | Hits: 76
Silver Estate Ltd. Vs. Abdul Hakim Mia and others, 1991, 20 CLC (HCD)
....aid transferee; thereafter the defendant No. 1 constructed a one storied building in the suit plot after obtaining approved plan for a ten storied building. The defendant No. 1 entered into a written agreement with the plaintiff to sell the suit property at a consideration of Tk. 43,000.00 and recei...... Kazi Ebadul Hoque J Silver Estate Ltd ................................Petitioner Vs. Abdul Hakim Mia and others................Respondent. Judgment April 3, 1991. Cases Referred to- AIR 1915 Mad 305, PLD 1947 PC 407; 521 C 971 AIR 1926; Mad 579, AIR 1961 Raj 196; AIR 1943 M......efendant No. 1 constructed a one storied building in the suit plot after obtaining approved plan for a ten storied building. The defendant No. 1 entered into a written agreement with the plaintiff to sell the suit property at a consideration of Tk. 43,000.00 and received the sum of Tk. 3,00,000.00 a..Category: Civil Law | Date: | Hits: 92
Amir Hussain Sowdager Vs. Mohammad Harunur Rashid, 2011, 40 CLC (AD)
....h Court Division in First Appeal No.281 of 2008, dismissing the appeal. 2. The facts giving rise to the instant petition, in brief, are that the respondent No.1 as the plaintiff entered into an agreement on 02.05.2002 with the petitioner-defendant No.1 to purchase the property detailed in th......tructed by Md. Nawab Ali, Advocate-on-Record-For the petitioner. Nurul Islam Chowdhury, Advocate-on-Record-For respondent No.1. Not represented- respondent No.2 & 3. Civil Petition for Leave to Appeal No.2239 of 2010. Arising out of C.M.P.No.716 of 2010. (From the judgment and decree ......reparation of paper-book is dispensed with as prayed for. Let the order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 314. ..Category: Property Law | Date: | Hits: 98
Rustom Ali Vs. Jamila Khatun, 1990, 19 CLC (HCD)
....lects or refuses to maintain his wife without any lawful cause, the wife may sue him for maintenance, but she is not entitled to a decree for past maintenance, unless the claim is based on a specific agreement................” 8. From the above, it appears that the wife is not entitled to a dec......se is also Reported in: 43 DLR (1991) 301.......all be modified accordingly and all other reliefs granted by them shall remain undisturbed. The parties shall bear their respective costs. Ed. This Case is also Reported in: 43 DLR (1991) 301...Category: Family Law | Date: | Hits: 253
Abdul Hakim and others Vs. The State, 1990, 19 CLC (HCD)
....ed nothing for the, Magistrate to read out to the accused for him to affirm after he made it and hence it could not be said that he verified the statements after it was recorded. We are in respectful agreement with that observations of their Lordships of the Judicial Committee of the Privy Council. ......y J AKM Sadeq J Abdul Hakim and others..................Petitioners Vs. The State......................................Opposite Party. Judgment February 15, 1990. Cases Referred to- Zeheda Bewa and another Vs. The State, 37 DLR at page 66; AIR 1936 Privy Council at page 253......dingly discharged. The stay granted earlier is hereby vacated. The proceeding is to continue. Inform the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 291, 43 DLR (1991) 389. ..Category: Criminal Law | Date: | Hits: 74
.... 1984.
2. The plaintiff‑respondent, the Dhaka Dyeing and Manufacturing Company Limited, filed the aforesaid suit under section 20 of the Arbitration Act praying for an order that the arbitration agreement contained in the insurance policies in suit be filed by the defendant in court for making ..................................................Appellant
Vs.
The Dhaka Dyeing and Manu facturing Company Limited.....................Respondent.
Judgment
March 15, 1990.
Cases Referred to-
Baroda Spinning and Weaving Company Limited Vs. Satyanarayan Marine and Fire Insurance Compa...... making a reference to the Arbitrator on the allegations, inter alia, that the plaintiff is a limited company incorporated under the Companies Act 1913, which carries on business of manufacturing and selling of cotton textile goods, that the plaintiff company along with other cotton and textile indu..
Category: Alternative Dispute Resolution | Date: | Hits: 170
....us Tannery has been delivered to the plaintiff. The government failed to makeover possession of other assets of Fordous Tannery in full in spite of best efforts made by the plaintiff. As per terms of agreement, inventory, balance‑sheet and the profile regarding the Ferdous Tannery the plaintiff wa...... with Ferdousi Shahab, Md. Firoz Shaha and FKMA Mahabub, Advocates ‑ For the Appellants.
Kazi Golam Mahabub with Shafique Ahmed, Advocates ‑ For the Respondent No. 1.
Salehuzzaman, Deputy Attorney General ‑ For the Respondent No. 2.
First Appeal No. 17 of 1984.
Judgment
Md. Moza......s. Ferdous Tannery was an abandoned property and the same vested in the government under the relevant law. As per disinvestment policy, the government by a tender notice issued on 13.11.77 desired to sell this industrial unit "M/s. Ferdous Tannery" along with other properties. The Tender of the plai..
Category: Property Law | Date: | Hits: 73
Bangladesh Road Transport Corporation Vs. M/s. Ashraf Jute Mills Ltd., 1990, 19 CLC (HCD)
....uld be paid by the 7th day of the following month. In pursuance of the aforesaid lease the respondent went into possession of the premises on 10.5.83. The respondent company failed to pay rent as per agreement and as a result on 24.1.87 the rent due stood at Tk. 1,85,359.95. The Petitioner had reque......Hoque J Bangladesh Road Transport Corporation........Petitioner Vs. M/s. Ashraf Jute Mills Ltd……………………………….Respondent. Judgment August 9, 1990. Case Referred to- Goal Bros. & Co. Vs. Yashodan Chit Fund Limited, 50 Company Cases, 708. Lawyers Invol......roperties both movable and immovable of the above company to this Court within two months from the date of receipt of a copy of this order. Ed. This Case is also Reported in: 43 DLR (1991) 240. ..Category: Company Law | Date: | Hits: 165
Chevron Lines Vs. Chairman, Bangladesh Oil, Gas and Mineral Corporation, 1990, 19 CLC (HCD)
....ny law or the same has otherwise acquired statutory force. Mr. Salauddin could not substantiate his argument that the petitioner's right has been impugned by the impugned work order. We are rather in agreement with the submission of Mr. Abdul Wadud Bhuiyan that Petrobangla has right in law as well a......n, Bangladesh Oil, Gas and Mineral Corporation (Petrobangla), 122-124 Motijheel Commercial Area, Dhaka and others………………Respondents. Judgment February 13, 1990. Cases Referred to- Sharping Natsajibi Samabaya Samity, 39 DLR (AD) 85; AIR 1979 (SC) 1628; AIR 1986 (SC) 1527; ......e said to be arbitrary or mala fide in any manner. Impugned letter of intent dated 1.1.1990 has therefore been issued lawfully and validly. Ed. This Case is also Reported in: 43 DLR (1991) 218. ..Category: Others | Date: | Hits: 131
Agragami Engineers Ltd. Vs. Bangladesh Bank and others, 1992, 21 CLC (HCD)
....ivate rights or redress of wrongs. It is only to ensure that public interest is protected, that rival claims are considered, not for their own sake, nor in their own right." 29. We are in complete agreement with the view of the Kerala High Court which is in complete accord with the view taken by ......h and is directed against a letter being Memo No. Engg. 7/7‑624/92 dated 31st March, 1992 issued by the respondent No.2 namely, the General Manager, Engineering Department, Bangladesh Bank refusing to award the job of supply and installation of equipment for Central Air Conditioning System of Bang......bound by the submission. In the result, this Rule is discharged with the observations as stated above without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 134...Category: Others | Date: | Hits: 123
Privatization Commission Vs. Golam Mostafa and others, 2011, 40 CLC (AD)
....e without application of Judicial mind. 4. It has been mentioned in annexure 'B' that subject to clause 5.1, the bidder shall take the entire liability of the Mills on the date of execution of the agreement as per book value of the Inventory Committee's Report. Clause 5.1 relates to the liability......s arisen out the following facts: Government could not run Deshbandhu Sugar Mills (the Mills) properly because of multifarious difficulties. In 1983, the Government of Denmark sanctioned a grant to the Government of Bangladesh to the tune of 200 million Danish Crooner out of which 65 million ......he Ministry of Finance and the Corporation for adjustment of the aforesaid loan. The writ respondents on several occasions floated international tenders and invited bid from the interested persons to sell the Mills, but in vain. The writ petitioner offered Taka 1, 60, 00,000 when the writ respondent..Category: Civil Law | Date: | Hits: 90
Shoaib (Md.) Vs. Uttara Bank Ltd. and another, 1990, 19 CLC (HCD)
....rtificates and original instruments of transfer of share on furnishing the photo copies of the same duly certified by the learned Advocate. Ed. This Case is also Reported in: 43 DLR (1991) 329. ...... Mozammel Hoque J Shoaib (Md.)........................................Petitioner Vs. Uttara Bank Ltd. and another. ................Respondents. Judgment June 3, 1990. Cases Referred to- Jobed Ali Sarker Vs. Dr. Sultan Ahmed, 26 DLR 303; United Manters and Traders Ltd. Vs. Md. M......rtificates and original instruments of transfer of share on furnishing the photo copies of the same duly certified by the learned Advocate. Ed. This Case is also Reported in: 43 DLR (1991) 329. ..Category: Company Law | Date: | Hits: 175
Ismail Mohammad Vs. Motasim Ali Chowdhury, 1993, 22 CLC (HCD)
....03, 104, 101 and part of plot No.110 recorded as SA Plot No.1 in SA Khatian No.1 to different persons including Abdur Rouf, Sultan Ahmed and Mofizul Islam by registered sale deeds who entered into an agreement with the defendant for sale of 0.05 acres of plot No.110 recorded as SA Plot No.1 and on r......ing plaintiff instituted the aforesaid Title Suit No.226 of 1985 for declaration of title and recovery of khas possession on the averment that the suit plot along with other lands originally belonged to Budhu Majhi in rayati right and his name was correctly recorded in CS Khatian. Budhu Majhi sold t......record. The learned Advocate may move an application before the trial Court, if so advised. Accordingly the application is disposed of. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 123...Category: Property Law | Date: | Hits: 79
Budhiswar Biswas Vs. Akbar Ali Sheikh and others, 1990, 19 CLC (HCD)
....fic Performance of Contract was filed. 3. The defendant‑petitioner contested the suit by filing written statement denying all the allegations and averments in the plaint and also denied the oral agreement for reconveying the suit land asserting that "transfer was out and out a sale. The defen......abibur Rahman Khan J Budhiswar Biswas..............................Petitioner Vs. Akbar Ali Sheikh and others................Opposite-Parties. Judgment August 9, 1990. Case Referred to- Feroza Majid and another Vs. Jiban Bima Corporation, 39 DLR (AD) 78. Lawyers Involved: ......nd hence those are set aside resulting in the dismissal of the suit. This rule is, accordingly made absolute without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 183...Category: Property Law | Date: | Hits: 74
Feroja Khatoon Vs. Brajalal Nath & others, 1989, 18 CLC (HCD)
....e suit stands decreed. Since there is no appearance on the side of the opposite party No. 1, question of awarding costs does not arise. Ed. This Case is also Reported in: 43 DLR (1991) 160. ......es not arise. Ed. This Case is also Reported in: 43 DLR (1991) 160. ......int for specific performance of contract against the defendant Nos. 1 and 2 stating, inter alia, that on 30 Magh, 1378 BS corresponding to 13.2.72 those defendants entered into a contract with him to sell their said land at a consideration of Tk. 2500/‑ by executing a bainapatra and on receipt of ..Category: Property Law | Date: | Hits: 64
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