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....ing police force and other measures as provided in the Code.
In the result, this appeal is allowed but without any order as costs.
Ed.
This Case is also Reported in: 15 BLT (HCD) (2007) 425.
......llant
Vs.
M/S. Marinar Fashions Wear Pvt. Ltd. and others……………………Respondents
Judgment
December 7, 2005.
Result:
The appeal is allowed.
Lawyers Involved:
Md. Zafor Ali Khan, Advocate - For the Appellant.
None - For the Respondent.
First Miscellaneous App......ncy for handing over the possession of the suit property in favour of the decree-holder petitioner.
2. It appears that the International Finance Investment and Commerce Bank Ltd. (IFIC) obtained a money decree against M/s. Marinar Fashions Wear Pvt. Limited and 5 others for an amount of Tk. 1,26,..
Category: Civil Law | Date: | Hits: 208
lqbal Hossain Talukder (Md.) Vs. Md. Joinal Abedin Talukder and 76‑others, 2002, 31 CLC (HCD)
.... the transaction and four Pre‑emptors settled consideration money of transaction and negotiation matter by Pre‑emptors had been proved by testimony of Ptr W 1 and Ptr W 2 and, thus, Preemptor's claim to pre‑empt property under Pre-emption proceeding stood barred by principle of waiver and ......8. Judgment AK Badrul Huq J.-Feeling aggrieved by a Judgment recorded by appellate Court allowing a Preemption Miscellaneous Case laid under section 96 of The State Acquisition and Tenancy Act (for short The Act) reversing Judgment passed by trial Court dismissing Preemption Miscellaneous Case......ule to Petition. Property will be known as Case Property. Preemptors-opposite-parties having been aware of transfer collected Certified Copy of Sale deed and laid petition on deposit of consideration money of sale deed along with required compensation. The said petition had been numbered as Miscella..Category: Property Law | Date: | Hits: 116
Nirman International Ltd. and another Vs. Janata Bank, 2010, 39 CLC (HCD)
....r Rahman Khan, learned Advocate appearing before us who lighted us by presenting the law properly. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 57. ......08 impugning the judgment and order No.22 dated 14-7-2005 passed by the learned Joint District Judge, 4th Court Dhaka in Money Execution Case No.2 of 2004 rejecting the petitioner's application filed for dismissal of the said Money Execution proceeding and/or such other further order or orders as ......r Rahman Khan, learned Advocate appearing before us who lighted us by presenting the law properly. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 57. ..Category: Civil Law | Date: | Hits: 168
Bangladesh Water Development Board and other Vs. Progati Prakaushali & another, 1996, 25 CLC (HCD)
....89 and the project was inaugurated by the President of the People's Republic of Bangladesh on 18th October, 1989. After completion of the project the respondent No.1 contractor submitted his bill and claimed certain money on account of suspension of the work for 40 days. The contractor also claimed ......rted from FMA No. 385 of1994). Judgment Syed Amirul Islam J.- This appeal arises out of a proceeding under sections 14 and 17 of the Arbitration Act. 2. The relevant facts that are necessary for the purpose of disposal of this appeal are that, the Progati Prakaushali an enlisted a class con......ct was inaugurated by the President of the People's Republic of Bangladesh on 18th October, 1989. After completion of the project the respondent No.1 contractor submitted his bill and claimed certain money on account of suspension of the work for 40 days. The contractor also claimed certain amount o..Category: Alternative Dispute Resolution | Date: | Hits: 606
Abdul Mannan Talukder Vs. State, 1982, 11 CLC (HCD)
....rthermore, in the face of the challenge by the informant petitioner the accused has not been able to produce anything to show that he a genuine freedom fighter. 7. Admittedly, the accused does not claim immunity at a freedom fighter under P.O.16 of 1973. He claims immunity on the basis of the gov......isal allowing withdrawal of a case pending against the accused opposite party No.2 under section 302 of the Penal Code read with Special Powers Act, 1974. 2. We have heard the learned Counsels for the petitioner, the accused opposite party No.2 the learned Deputy Attorney General and peruse....... The Rule is, accordingly, made absolute. Send down the records at once, if received. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 202. ..Category: Criminal Law | Date: | Hits: 145
Rawsan Ara Begum alias Rawshani Vs. State, 2005, 34 CLC (HCD)
....ellant. 4. Eventually the accused were placed on trial in the Court of Sessions Judge, Sherpur to answer the charge under sections 302/34/201 of the Penal Code to which they pleaded not guilty and claimed to be tried. 5. In course of trial the prosecution in all examined 10 (ten) witnesses and......er dated 07-07-1999 passed by the learned Sessions Judge, Sherpur in Session Case No.37 of 1997 convicting the appellant under section 302 of the Penal Code and sentencing her to suffer imprisonment, for life and also to pay a fine of Tk. 2,000.00 in default to suffer rigorous imprisonment for one y...... he was returning home from the said house then he had a met with P.W.5 Md. Mofazzal Hussain of village Huzrikandi to whom the deceased told that he was going to the house of the accused Rawshani for money for Tk. 60,000,00 which he (deceased) paid to her for sending one Sabuj of Mymensingh town to ..Category: Criminal Law | Date: | Hits: 142
Mohammad Ali Miah and others Vs. Md. Sekander Ali Haowlader, 2007, 36 CLC (HCD)
.... defendants finally gave a chance to the plaintiff by offering an option either to pay the balance amount of money within 10 days from the date of receipt of the notice or the plaintiff would have no claim against the defendant; that the plaintiff filed this suit with an ill motive and with an inten......000 With Civil Rule No.263 (F) 2000. Judgment Siddiqur Rahman Miah J.- This appeal along with the Civil Rule being No.263(F) 2000 which has arisen out of this appeal is taken up together for disposal. 2. This appeal at the instance of the defendants is directed against the Judgment a......8 decimals of land; that after negotiation, the price of the land belonging to the defendant Nos.1 to 3 was fixed at Taka 15,28,000/- only out of which the vendors received Taka 3,00,000/= as earnest money and executed an agreement; that the executants under take to both in all the necessary papers ..Category: Civil Law | Date: | Hits: 102
....out lawful authority and is of no legal effect.
In the facts and circumstances of the case there will not be any order as to costs.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 331.
......sman. He also deals in the business of running ferry ghats. He was a major partner of M/s Liakat Ali in running Ashuganj‑Bhairab Ferry ghat (hereinafter referred to as the Ferry ghat) under a lease for 1994‑1995. Respondent No.4 invited tenders by public advertisement in the national dailies for......f the Ferry ghat torespondent No.5.It is stated by respondent No.5 that hewas the lease‑holder in respect of the Ferry ghat for three terms before. For the lease of 1995‑1996 he deposited earnest money of Taka 4,47,775.00 but as the authorities failed to deliver possession of the Ferry ghat in t..
Category: Civil Law | Date: | Hits: 178
.... petition, although the respondents were given sufficient opportunity to do so. The result is that the assertions made in the petition stand uncontroverted.
10. The petitioners in support of their claim have filed the photo copy of the two registered sale deedsdated 4th October, 1978 as contained......dings (Supplementary Provisions) Ordinance, 1985 (Ordinance No. 54 of 1985) against respondent No.2 Bangladesh, represented by the Secretary, Ministry of Public Works and Urban Development, praying for exclusion of the case property in Holding No. 8B/B, 2nd Colony, Mirpur, Dhaka from the ‘Kha' l......he Bangladesh Gazette Extraordinary dated 29thSeptember, 1986), has been made without any lawful authority and is of no legal effect.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 325.
..
Category: Property Law | Date: | Hits: 116
....roper appreciation of law and fact do not call for interference.
Accordingly, the Civil Petition for Leave to Appeal is dismissed.
Ed.
This Case is also Reported in: 32 BLD (AD) (2012) 208.
......ment And Commerce Bank Ltd. (IFIC Bank Ltd)….......Appellant
Vs.
Abdur Rahman and Others……………………………..Respondent
Judgment
April 8, 2012.
Result:
The Petition for Leave to Appeal is dismissed.
Lawyers Involved:
Shah M. Zahurul Huq, Advocate instructed b......ppeal are absolutely against the evidence on record both oral and documentary. The High Court Division rightly made an observation that defendant No.2 could approach the concerned Court to return the money deposited by him (defendant No.2 of the suit).
The findings arrived at and the decision mad..
Category: Civil Law | Date: | Hits: 174
Dulal Howlader & others Vs. State, 1995, 24 CLC (HCD)
..... However, the accused may be prosecuted, if the prosecution so desires, under the normal law of the country. Send down the record. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 269. ......, in the light cast from an electric bulb, she noticed 15/16 persons lurking outside their house. When, she asked who they were, she was told that they were Sarbahara Party men and that they had come for contribution. Seven or eight of them then entered the house, including the accused appellants Du......d 3, corroborated by P.Ws.4, 5 and 6 it appears that the miscreants were armed with weapons like sten gun, rifle, etc. It is the evidence of different witnesses that P.W.1 was tied up by the dacoits, money was demanded by the miscreants who threatened P.Ws.1 and 3, took the key from P.W.3 and left w..Category: Criminal Law | Date: | Hits: 132
Begum Shamsunnahar Chowdhury Vs. Md. Masud Jamal and others, 1994, 23 CLC (HCD)
....nd decree passed in OC Suit No.290 of 1990 shall not be set aside. 2. The relevant facts as per the pleadings of the parties are, that the petitioner as plaintiff instituted OC Suit No.290 of 1990 claiming that she had constructed a house on the schedule land by taking a loan of Taka 3,28,000.00 ......he remaining installments to the House Building Finance Corporation. The petitioner came to know about it from a letter from the House Building Finance Corporation and also from the newspaper and was forced to file on 19‑5‑82 a suit for cancellation of the General Power of Attorney, in the Court......nbsp;house which forms the subject matter of the power of attorney inasmuch as it is agreed to be sold by the plaintiff petitioner to the defendant‑opposite party who had paid substantial amount of money as consideration to the plaintiff towards the purchase price at the time of the execution of t..Category: Civil Law | Date: | Hits: 132
Bangladesh Power Development Board Vs. Sonali Bank and others, 1982, 11 CLC (HCD)
....missed the Misc. Case. The appeal is, therefore, dismissed without any order as to costs. Amirul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 157. ......d 28.5.82 passed by the learned Subordinate Judge 3rd Court, Dacca in Miscellaneous case No.7 of 1977 arising out of money suit No.26 of 1974. 2. The respondent No.1 as plaintiff instituted the aforesaid money suit No.26 of 1974 in the 3rd Court of Sub ordinate Judge. Dacca against the pro form...... Md. Altaf Hossain J.- This appeal is directed against the Judgment and order dated 28.5.82 passed by the learned Subordinate Judge 3rd Court, Dacca in Miscellaneous case No.7 of 1977 arising out of money suit No.26 of 1974. 2. The respondent No.1 as plaintiff instituted the aforesaid money su..Category: Procedural Law | Date: | Hits: 143
State Vs. Abdul Awal, 1983, 12 CLC (HCD)
....ction under the Government following a chain of command. We have earlier quoted section 1(6)(iii) of the said Act. It will be seen from the said sub-clause (iii) that any public statutory body can claim exemption from the operation of the said Act provided it is not run for profit or gain or prov......……………Petitioner Vs. Abdul Awal………………………Respondent Judgment February 13, 1983. Result: The appeal is dismissed. Cases Referred to- Tamlia Vs. Hannaford, 1950 (1) K.B. 18. B.S.I.; Corporation Vs. Mahbub Hossain Chowdhury 29 D.L.R. (SC) 41. Lawye...... Let a copy of this Judgment be forwarded to the learned Magistrate wherever he is posted now. Mohammed Habibur Rahman J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 151. ..Category: Others | Date: | Hits: 163
Hanif Chowdhury alias Serajul Islam Chowdhury Vs. Mohammad Hasan Ali and another, 2007, 36 CLC (HCD)
....tay granted by this Court dated 2.9.1992 is hereby vacated. The officer is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 415. ......Court, Dhaka in Title Suit No.244 of 1999 decreeing the suit should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule are that the suit land belonged to the minor defendant Hanif Sarder. His mo......if Sarder. His mother Rahima Begum on behalf of her minor son entered into a contract for sale of the said land at Tk.30,000/- in favour of the plaintiff Mohammad Hasan Ali. Out of that consideration money an amount of Tk. 12,000/- was paid as earnest money. It was stipulated that the rest Tk. 18,00..Category: Civil Law | Date: | Hits: 129
Md. Abdul Quddus and another Vs. State, 2005, 34 CLC (HCD)
....ari, who framed the charge against accused Abdul Quddus under section 279/338(A)/304(B) and against accused Md. Rafiqul Islam under section 338(A)/304(B) of the Penal Code who pleaded not guilty arid claimed to be tried as per law. 5. Prosecution has examined as many as 9(nine) witnesses while th......ded each other and committed an accident as a result of which two passengers died on the spot and many others were injured. Hearing about such accident, SI Amiruddin with constable Abdur Rouf started for the place of occurrence and they saw two dead bodies and also found two buses in broken conditio......other case and the accused Md. Rafiqul Islam who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 470. ..Category: Criminal Law | Date: | Hits: 119
Akramuzzaman Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....e Ministry, he submits, the lease of Mongla-Ghasiakhali Canal Toll Station could not be granted by calling tender, instead it was granted to the respondent No.7 most collusively. 20. The above, he claims, only show how arbitrarily the respondents had acted, in violation of the equality clause of ......be declared to be void and to have been issued without lawful authority and is of no legal effect. In Writ Petition No.2241 of 1999 the impugned order Annexure-H which was issued on the basis of the aforementioned clause 3 (Ga) is challenged for being without lawful authority and is of no legal effe......ch were invited by Inland Water Transport Authority, hereinafter called IWTA. His bids were accepted and he was given lease of the said Canal Toll Station for the year 1-7-97 to 30-6-98 for the lease money of Taka 82,00,000.00 (eighty two lac) only by an order dated 22-6-97 issued by the respondent ..Category: Others | Date: | Hits: 170
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....f the writ petition. From the above it appears to us that the petitioner and six others have already written to the National Board of Revenue, respondent No.2 that if they are absorbed, they will not claim their seniority above the existing officers of the same cadre. Rather they will accept the sen......owdhury, Advocate - For added-Respondent Nos. 11-14. Writ Petition No. 3025 of 1996 with Writ Petition Nos. 3026-3029, 3191 and 3192 of 1996. Judgment Md. Mozammel Hoque J.- All the aforesaid seven writ petitions were heard together in view of the fact that identical question of fac......he petition. It is submitted that the petitioner became a ‘surplus public servant’ after the abolition of his post by the Government for the purpose of administrative rearrangement to save public money, in accordance with section 2(e) of the Surplus Public Servants Absorption Ordinance, 1985. Th..Category: Employment/Service Law | Date: | Hits: 186
Janapriya Rice Mills Ltd and 2 others Vs. Bangladesh, 1996, 25 CLC (HCD)
.... passing the impugned order. We therefore find no merit in these Rules. In the result, all the Rules are discharged with costs. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 277. ......d to have been passed without any lawful authority and of no legal effect. All the Rules having involved common question of fact and law are being disposed of by this Judgment. 2. Learned Advocate for the petitioner after placing the petitions and other materials on record submitted that the Gove......already been noticed that director/managing director of each of the Rules was convicted by the Martial Law Court and sentenced to different terms of imprisonment and fined to pay different amounts of money as they failed to deliver entire agreed quantity of rice after crushing paddy supplied by the ..Category: Others | Date: | Hits: 146
British Airways Plc. Vs. Bangladesh Air Services Pvt. Ltd., 1996, 25 CLC (HCD)
....ubmitted that the facts of the reported case are difficult from those of the instant case before us in that there is no question of granting stay of any suit filed by the Bangladesh Air Services Ltd. claiming them damages calling for stay of the same. 9. The Eleftheria case (1969) 2 All ER 641 w...... Ltd. is a Private Limited Company registered under the Companies Act. By an agreement dated April 18, 1980, the petitioner British Airways Plc appointed the opposite party as its General Sales Agent for the district of Sylhet on terms and conditions mentioned in the agreement and by a subsequent am......itory, means such Courts as may be specified in the said notification. Explanation 3‑"Decree", with reference to a superior Court, means any decree or Judgment of such Court under which a sum of money is payable, not being a sum payable in respect of taxes or other charges of a like nature or r..Category: Alternative Dispute Resolution | Date: | Hits: 304
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