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Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
.... of discretion and not of jurisdiction of the Court. In an appropriate case, the Court may even pronounce on the constitutionality of statute even though it may not be necessary in that case. I am in agreement with the submissions made by the learned Counsels for the petitioners. The question whethe...... Hossain and others……………………………….Respondents. Judgment January 28 & 29, 2003. July 14, 2003. Result: The Rules are made absolute without any order as to cost. Cases Referred to- Osman Gani Mondal Vs. Mainuddin Ahmed and others, 27 DLR (AD......ppeal from the judgment and order passed by me and, in the meantime, the parties are directed to maintain status quo in all respects. Ed. This Case is also Reported in: 58 DLR (2006) 117. ..Category: Information Technology Law | Date: | Hits: 324
....e considered by the Technical Evaluation Committee(TEC) of CWASA as responsive and were invited to attend the tender adjustment meeting (TAM) for the purpose of clarifying, modification, if any and agreement with individual bidders prior to be declared as eligible to participate in the 2nd stage b...........................Appellants
Vs.
EPI-BFEW Consortium & others..................Respondents
Judgment
February 18, 2010.
Result:
The appeals are allowed without any order as to costs.
Lawyers Involved:
Ahsanul Kabir, Advocate instructed by Md. Zahirul Islam, Advocate-......ts.
The impugned judgment and order passed by the High Court Division making the Rules absolute are set aside.
Ed.
This Case is also Reported in: 16 BLC (AD) (2011) 9, VIII ADC (2011) 146.
..
Category: Others | Date: | Hits: 164
Jabed Ali alias Kasai Jabed alias Mawra Jabed Vs. State, 2011, 40 CLC (HCD)
....war Ali is acquitted of the charges levelled against him and discharged from his bail bond. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......e………………………………………………………...Respondent Judgment February 24, 2011. Lawyers Involved: Not represented- the appellant. Md. Jashimuddin, Assistant Attorney General - for the respondent. Criminal Appeal No. 3368 of 2004. Judgment Md. Ruhul Q......anded, while his accomplices fled away. The police, recovered a revolver with two round of bullets and some other articles on his own showing. On interrogation, the appellant admitted that he used to sell and repair illegal arms. Accordingly, the informant prepared a seizure list in presence of the ..Category: Criminal Law | Date: | Hits: 44
Islami Bank Bangladesh Ltd. Vs. Shohag Medicine Supply and others, 1998, 27 CLC (HCD)
.... repay the bank’s dues. 4. Both the parties adduced evidence before the trial Court. The Artha Rin Adalat on consideration of the evidence on record and the facts and materials, particularly the agreement, by his judgment decreed the suit on 7-10-91 in part. The plaintiff on being aggrieved by ......J Gour Gopal Saha J Islami Bank Bangladesh Ltd..……….Petitioner Vs. Shohag Medicine Supply and others………….Opposite Parties Judgment January 22, 1998. Cases Referred to- Amin Jute Mills Ltd. Vs. Arag Ltd., 28 DLR (AD) 76. Lawyers Involved: Muhammad Nazrul I......d 7-5-88. The price of medicine was Taka 1,60,000 and there was a condition that the defendant would repay the amount involved by 6-11-88. The balance of the amount was fixed as profit charged on the selling of the medicines. Out of this amount of Taka 1,75,925.00 the defendant No. 2 paid only Taka ..Category: Banking Law | Date: | Hits: 199
Kamruzzaman (Md.) alias Zaman Vs. State, 2000, 29 CLC (HCD)
....ept under a licence to be granted by the Director. (a) for the temporary export of antiquities for the purpose of exhibition, examination or treatment or preservation; or (b) In accordance with agreement with foreign licensees for archaeological exploration and excavations within the term of t......others Vs. the State 14 BLD 432 = 46 DLR 463; Khalilur Rahman Vs. State, 51 DLR 344. Lawyers Involved: Syed Md. Dastagir Hossain, Advocate — For the Appellant. Syed Abu Kowser, Assistant Attorney-General — For the State. Criminal Appeal No. 820 of 2000. Judgment MA Aziz J.- Thi......gladesh jute, gold or silver bullion, manufactures of gold or silver, currency, articles of food, drugs, imported goods, or any other goods; or (b) brings into Bangladesh any goods. (2) Whoever sells, or offers or displays for sale, or keeps in his possession or under his control for the purpo..Category: Criminal Law | Date: | Hits: 72
....tant suit was entitled to Taka 3,97,000/-. It was the further case of the plaintiff that the defendant No. 4 entered into the suit land as a vharatia under the present plaintiff on the strength of an agreement dated 28.02.1997. At one stage the defendant No. 4 started depositing rent with the Rent C......ে কবলা পাওয়ার অধিকার waive করিয়াছেন। এবং বর্ণিত অপর জারী ২০/৮৫ ইং মামলা বাতিল infructous, জারী অযোগ্য এবং তৎদ্বারা মূল বিবাদ......has been ceased to claim any title in the suit land. In a suit for specific performance of contract the plaintiff is required to prove existence of a valid contract, due execution of agreement by the sellor and payment of earnest money or entire consideration money. In the earlier suit those require..
Category: Property Law | Date: | Hits: 110
Ershad Ali Vs. State, 2000, 29 CLC (HCD)
....D) 59. The facts of the reported case are no doubt different but the principle and rules of interpretation involved in both the cases are the same. In the Dira Dockyard case, pursuant to a tripartite agreement between the Shilpa Rin Sangstha briefly the Sangstha AC Ms Tapashee Shipping Lines Ltd. br......d Engineers Ltd. and others Vs. Bangladesh Shilpa Rin Sangstha & others, 39 DLR (AD) 59. Lawyers Involved: Umme Kulsum Rekha, Advocate—For the Appellants. Syed Abu Kowsar, Assistant Attorney-General—For the State. Criminal Appeal No.481 of 2000. Judgment MA Aziz J.- This a......n of the District Magistrate, Chandpur. The learned tribunal will however be at liberty to cancel bail if there is any misuse of the same. Ed. This Case is also Reported in: 52 DLR (2000) 544...Category: Criminal Law | Date: | Hits: 38
Asaduzzaman (Md.) Vs. Md. Salamatullah & others, 1999, 28 CLC (HCD)
.... the petition of complaint, there is no scope of improving the case of a party by introducing such facts at the time of trial. 15. Mr. SS Halder has also argued that in the absence of any specific agreement, the proceedings cannot be quashed on the ground that liability is a civil liability. We a......d. Salamatullah & others………………………..Opposite Party Judgment August 5, 1999. Cases Referred To- Akamuddin Vs. State, 27 DLR (AD) 175; Arifur Rahman alias Bablu Vs. Shantosh Kumar Sadhu, 46 DLR (AD) 180; Mohadeo Proshad Vs. State of West Bengal, 1954 Cr LJ (SC) page 18......ll normal business transaction implies the existence of either an oral or written agreement. Even if a party makes purchase on credit normally some conditions are settled in between the purchaser and seller and this amounts to an agreement. It is not necessary that there should be a written agreemen..Category: Criminal Law | Date: | Hits: 46
Tarique Rahman Vs. Director General, Bureau of Anti-Corruption, 1999, 28 CLC (HCD)
.... the highest functionary of the Government. It, therefore, cannot be said that the Government was satisfied and formed the belief and the satisfaction/belief is of the Government.” 13. We are in agreement with the view taken by the Division Bench of the High Court in the said case that the sati......8. ...... of Anti-Corruption because the condition precedent for such delegation is satisfaction of the Government which is incapable of delegation. Ed. This Case is also Reported in: 52 DLR (2000) 518. ..Category: Criminal Law | Date: | Hits: 69
Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)
....ave cited examples from various countries without considering their attendant historical, political and economic scenario. It is easy to theorise or indulge upon rhetoric, but concluding a commercial agreement involving massive risk of capital investment involves consideration of practical aspect. W......shtra Vs. Lok Shikshan Sanstha (AIR 1973 SC 588); N. Ramanath Pillai Vs. State of Kerala AIR 1973 SC 2641; Sanjeev Coke Mfg. Co. Vs. Bharat Coking Coal Ltd. (AIR 1983 SC 239); Maharastra SBOS Vs. Paritosh (AIR 1984 SC 1543); Union of India Vs. Cyanamid India Ltd. (AIR 1987 SC 1082); State of UP Vs. ...... threat to our production and economy, stipulation requiring Petrobangla to remain obligated to purchase gas to which the contractor is entitled to under this contract, should the contractor elect to sell it’s share of gas at the domestic market, which means that Bangladesh would be compelled to p..Category: Constitutional Law | Date: | Hits: 231
Wahida Begum Vs. Tajul Islam, 2000, 29 CLC (HCD)
....he suit land as he was entitled to restoration of the land under section 95 read with section 95 A of the State Acquisition and Tenancy Act, 1950 for the sale by the deeds Exhibits 2 to 2(B) with the agreement to reconvey, ‘Ekrarnama’, Exhibit 1 must be construed to be a complete usufructuary mo......ainsukhdas Vs. Gowardhandas, AIR 1968 (Nagpur). Lawyers Involved: SN Goswami Advocate—For the Petitioner. Abu Salek with Md. Lokman Hossain, Advocates—For the Opposite Parties Nos. 1 (a) to 1(g) and 2. Civil Revision No. 3078 of 1994. Judgment Md. Abdur Rashid J.- This Rule was......e sent down at once. Consequently, the order of this Court directing the parties to maintain status quo granted earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 491...Category: Property Law | Date: | Hits: 113
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Aziz Pipes Limited, 2003, 32 CLC (AD)
....ce between sanctioned amount and actual disbursement was due to devaluation of Taka against US dollar over the period disbursement. The foreign currency loan was given from Saudi Grant-II. The loan agreement was ultimately executed between the plaintiff and BSRS on 6.2.83. In view of clause V of...... a decree of Tk. 1,44,39,817/- claiming that the said amount was realized by the defendant Bangladesh Shilpa Rin Sangstha (BSRS) in excess while making recovery of the loan of Tk. 2,25,40,000/- given to the plaintiff by the BSRS. 3. The plaintiff took the loan from BSRS for a project located at ......ll realization of the decreetal amount if it is not paid within a period of 90 days from date. The parties are to bear their own costs. Ed. This Case is also Reported in: II ADC (2005) 221. ..Category: Civil Law | Date: | Hits: 126
Eser Ali Sheikh (Md.) Vs. Md. Mokarram Ali and others, 2001, 30 CLC (HCD)
....0 passed by Subordinate Judge at Kushtia in Title Suit No. 33 of 1985 in decreeing the suit in its entirety. 2. Opposite Party No. 1 as plaintiff instituted the suit for specific performance of an agreement for sale of land measuring about 0.2631 acre. The plaint case, in short, is that land meas......ly owned and possessed by Tusta Pramanik. Tusta Pramanik died leaving his wife Sharijan Nessa and a sister Sonabi Nessa as his only heirs and legal representatives. Sonabi Nessa transferred her share to Sharijan by a registered deed of sale dated 3-2-59. Thus being owner in possession of the entire ......seen the agreement, exhibit 3. It is written on a sheet of non-judicial stamp. It is an unilateral agreement and written addressing Amir Hossain Miah (father of the plaintiff Sharijan Nessa agreed to sell the land at a price of Taka 60,000 and on receipt of Taka 37,000 as earnest money promised and ..Category: Property Law | Date: | Hits: 91
Sumikin Bussan Corporation Vs. Chittagong Port Authority and Others, 2001, 30 CLC (HCD)
....d is concerned and as per terms and conditions of the tender document price bid of those bidders who have been found to be responsive in the technical bid shall be opened that Obviously amounts to an agreement between the bidder and the purchaser, breach of the said terms is a clear violation of the......din Ahmed with KM Tanjib-ul-Alam, Advocates—For the Respondent No. 9. Writ Petition No.7 of 2001. Judgment Kazi AT Monowaruddin J.- This Rule was issued calling upon the respondent Nos.1-7 to show cause as to why they shall not be directed to abide by the decision of the meeting No.8823 d...... declared accepting the decision No.8823 dated 13-9-2000 of the Chittagong Port Authority as contained in Annexure-B to the petition. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 599. ..Category: Others | Date: | Hits: 153
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
....election statute. The object of such statute will be better fulfilled by the construction put upon, the word “conviction” by the Madhya Pradesh High Court. With respect, therefore, we are in full agreement with the interpretation given by the said High Court to the said word “conviction”. ......arty in the Parliament. 3. While the petitioner was continuing Member of Parliament he was convict criminal case, popularly known as Janata Tower, on 7-6-1993. But he was not declared disqualified to continue as a Member of Parliament. The petitioner, thereafter, again contested the Parliamentary...... with observations made above. Let a copy of this judgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261...Category: Constitutional Law | Date: | Hits: 202
Sultan Mia (Md.) Vs. Hazi Md. Yusuf, 2001, 30 CLC (HCD)
.... through the process of execution proceeding by evicting him there form. The learned Subordinate Judge in the impugned order for restoration of possession observed that the petitioner entered into an agreement on 6-1-1983 in respect of 0.33 acre of land of Dhakhin Khan Mouza, that there has been dis......ner is the decree-holder who obtained this Rule against the order dated 11-6-2000 of the learned Subordinate Judge and Artha Rin Adalat No.4, Dhaka in Title Execution Case No.31 of 1997 directing him to make over possession of schedule ‘Kha’ land to the third party opposite party. 2. This Rul......e of the matter expeditiously preferably within 3 months from the date of receipt of the order. Send down the lower Court records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 555. ..Category: Property Law | Date: | Hits: 82
....ment of Bangladesh and others in Writ Petition No. 3034 of) 1999 (reported in 4 BLC 590), copy of which has been placed before us by the learned Advocate for the petitioner, with which we are in full agreement. In the said decision the issue of basti people has been dealt with and the relevant porti......(HCD) (2001) 540....... further directed that the petitioner should not be evicted without observing the provisions of law. There will be no order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 540...
Category: Property Law | Date: | Hits: 97
Abdur Razzaque Mollah Vs. Md. Qayum Mollah & others, 2001, 30 CLC (HCD)
....rs alleged to have been executed by Mr. Abdur Razzaque Mollah (petitioner) claiming the disputed land and building to have been sold by Mr. Abdur Razzaque Mollah to the contractor by way of a deed of agreement for sale i.e. Bainapatra and with the ulterior motive the contractor subsequently institut......te—For the Opposite Parties. Civil Revision No. 4197 of 1998. Judgment NK Chakravartty J.- This Rule at the instance of defendant-appellant-petitioner was issued calling upon the opposites to show cause as to why the impugned judgment and decree so far it relates to remand of the case for......ge, Bagerhat for a decree of Specific Performance of Contract. 3. The short facts of the said case is that, while the defendant No.1 was owning and possessing the said Suit property he proposed to sell the same to the plaintiff who agreed to purchase the suit property at a consideration of Taka 1..Category: Civil Law | Date: | Hits: 71
Government of Bangladesh Vs. ASM Ferojuddin Bhuiyan, 2000, 29 CLC (HCD)
....t Judge, Second Court, Dhaka in Title Appeal No.136 of 1997 are maintained. Lower Courts Record be sent as immediate as possible. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 522. ......rtson Vs. Minister of Pensions 1 KB 227 (LR) Kings Bench Division; Central London Property Trust Ltd. Vs. High Trees House Ltd. 1947 QB 30. Lawyers Involved: Bhivash Chandra Biswas, Assistant Attorney-General —For the Petitioners. Md. Nurul Huq with, AKM Shahidul Huq, Tania Siddiqua and C......siness on the suit property. Government, thereafter, enhanced rent of suit premises from Taka 314 to 1645 per month from 4-9-1983. Plaintiff also paid enhanced rent. Government on 4-9-1983 decided to sell the abandoned houses to lawful allottees. The decision was published through national newspaper..Category: Property Law | Date: | Hits: 83
....ry, Ministry of Commerce, Government of Bangladesh, for taking necessary action in accordance with law against the delinquent officers.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 519.......…..Petitioners
Vs.
Bangladesh, represented by the Secretary Ministry of Commerce and others …………….Respondents.
Judgment
April 29, 2001.
Cases Referred To-
Managing Director, Dhaka WASA Vs. Superior Builders and Engineers Ltd. 51 DLR (AD) 56.
Lawyers Involved:
AFM......cate firstly, submits that on the issuance of the Memo dated 9-4-1984, in favour of the petitioners, a binding contract came into existence between the Government of Bangladesh and the petitioners to sell the property and to hand over vacant possession in favour of the petitioners on receipt of the ..
Category: Others | Date: | Hits: 96
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