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Sonali Bank Limited and others Vs. M/s. Fair Chemicals (Pvt) Ltd. and others, 2011, 40 CLC (AD)
....imposed upon the petitioner for payment to the plaintiff respondents. With these observations and directions this petition is disposed of. This Order is also Reported in: 19 BLT (AD) (2011) 52. ......ipt of this order by the Court below. 4. In this connection, it should be noted that the power of the Court to issue a commission to examine a witness, is an exceptional one and should be used carefully and only after being fully satisfied that there is no other way to examine the said witness wh......of 2010. 2. The suit was originally filed as Money Suit No. 33 of 2007 in the Court of Joint District judge, Third Court, Dhaka for realization of Tk. 5,53,26,76,000/- as compensation by way of damages. The whole question centered around about the legality of the order dated 02.08.2010 passed by ..Category: Civil Law | Date: | Hits: 82
Kabir Ahmed Sawdagar Vs. Md. Syed Saifuddin Jaheed and others, 2006, 35 CLC (HCD)
....aside and the original suit being Miscellaneous Appeal No. 76 of 1992 be restored to its original file and number. Ed. This Case is also Reported in: 58 DLR (2006) 277, 26 BLD (HCD) (2006) 388. ...... set aside and the suit is required to be restored to its original file and number. 16. Mr. HN Nondy, the learned Advocate for the plaintiff-opposite party, submits that the defendant No.1 knowing full well regarding the date of hearing and intentionally refrained himself from attending the court......dure for setting aside the ex parte judgment and decree dated 23-1-1994. 12. The case of the defendant No. 1 is that he was not aware of the date when the case was taken up for hearing; that he engaged his lawyer to act on his behalf but his prayer for time for filing basic documents was rejected..Category: Property Law | Date: | Hits: 115
Abdul Mannaf (Md.) Vs. Md. Sohrab Ali Akand & others, 2005, 34 CLC (HCD)
....th the impugned judgment and order. Accordingly, the Rule is discharged without any order as to costs. Send down the LC Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 242. ......led the case for pre-emption. 3. The pre-emptee (Md. Abdul Mannaf) contested the pre-emption case by filing a written objection contending, inter alia, that he purchased the disputed land with the full knowledge of the preemptor and other co-sharers of the disputed jote. The offer for sale of the......th the impugned judgment and order. Accordingly, the Rule is discharged without any order as to costs. Send down the LC Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 242. ..Category: Property Law | Date: | Hits: 91
AHM Khurshed Ali & others Vs. Md. Hashem Ali and others, 2006, 35 CLC (HCD)
.... so advised. The reference is thus disposed of a copy of this judgment may be sent to the concerned Ministries. Ed. This Case is also Reported in: 58 DLR (2006) 211, 26 BLD (HCD) (2006) 114. ......said Bench in view of the conflicting decisions given by other Benches referred the case to the Hon'ble Chief Justice for constitution of a larger Bench and the Hon'ble Chief Justice constituted this full Bench in accordance with the provision of rule 4 of Chapter VII of the High Court Rules for fin......ees and the value for purposes of jurisdiction shall be the same." 15. The above provision indicates that the value for the purpose of jurisdiction and Court-Fees should be same. 16. With advantage, we may also refer to section 11 of the Suit Valuation Act, 1887 where provisions have been made..Category: Procedural Law | Date: | Hits: 90
Government of Bangladesh represented by the DC, Comilla Vs. Md. Eakub and others, 2004, 33 CLC (HCD)
....Industries is now obliged to return the money received in respect of schedule-1 (kha) property to the plaintiff. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 176. ......ha) property. The agreement as claimed by the plaintiff with the Ministry of Industries must be held to be illegal and not enforceable in law. The lessee’s shopkeepers were still in possession peacefully. 7. On the pleadings following issues were settled: a. whether the suit was maintainable......inal owners left the country, schedule-1 (Kha) property became enemy and ultimately, vested in the Government. The Deputy Commissioner, Comilla on behalf of the Ministry of Land was in control and management of said shops of schedule 1 (kha) by granting lease on receipt of lease money from eight les..Category: Property Law | Date: | Hits: 159
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
....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. ...... BLC 227; Shahajadi Begum Waqf Estate Vs. Secretary, Ministry of Communication & another, 7 BLC (AD); the State of Bihar Vs. RBHRM Jute Mills, AIR 1960 (SC) 378; Federation of Pakistan Vs. Md. Saifullah Khan, PLD 1989 (SC) 166. Lawyers Involved: Akhtar Imam with Abdur Razzaque, Md. ......cate Vs. Md. Abdur Rouf, Chief Election Commissioner and others BLC 229; Shri Anadi Mukla Sadguru SM Vs. JMS Trust Vs. VR Rudani AIR 1989 (SC) 1607; Dawarkanath Vs. Income Tax Officer (1965-3 SCR at pages 540-41) AIR 1966 (SC) 84-85, Sultana Nahar, Advocate Vs. Bangladesh and others 1998 BLD 363; Ch..Category: Information Technology Law | Date: | Hits: 324
Government of Bangladesh and others Vs. Kamrun Nahar and 5 anothers, 2010, 39 CLC (AD)
....on Rules, 1981. These petitions are disposed of with the above modification and observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 18, VIII ADC (2011) 95, 8 LG (AD) (2011) 21.......'s Bazar Women's College, Jhalakathi Women's College, Rangamati Manila College, Laxmipur Mahila College and other Colleges on different dates. All of them have passed departmental examinations successfully and they were promoted to the senior scale. The aforesaid colleges were affiliated by the Bo......h retrospective effect or and from 01.02.1978. On perusal of the record it appears that almost all the petitioners of all the writ petitions were appointed in the respective colleges under private management before promulgation of Absorption Rules, 1998. Thus we cannot but to hold that petitioners s..Category: Employment/Service Law | Date: | Hits: 91
....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.
......d directed the procuring entity to submit a re-evaluation report recommending the EPI-BFEW and then to sign contract with them *if approved'. The terms if approved indicates that the review panel was fully aware that in this procurement, the procuring entity and the approving authority are to be the......rt
Appellate Division
(Civil)
Present:
Mohammad Fazlul Karim CJ
Md. Abdul Matin J
Bijan Kumar Das J
MM Hossain J
SK Sinha J
Chairman, Chittagong Water Supply & Sewerage Authority (CWASA) and others ...................................Appellants
Vs.
EPI-BFEW C..
Category: Others | Date: | Hits: 164
Islami Bank Bangladesh Ltd. Vs. Shohag Medicine Supply and others, 1998, 27 CLC (HCD)
....e plaintiff bank will be at liberty to realise the amount through the process of the Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (2000) 571. ......pears decreed the suit in part holding that in Ext.1 there is no mention of awarding damages. 13. We have considered the whole aspect of the matter and it appears that the contesting defendant was fully agreeable to pay a profit of Taka 15,000.00 to the bank on the medicines he took. He was party......laintiff. His further case is that he failed to make any profit in the business as his employee misappropriated the cash and goods of shop making the defendant a destitute. But in spite of that he managed to repay Taka 11,000.00 to the bank. His case is that due to financial stringency he was not in..Category: Banking Law | Date: | Hits: 199
Kamruzzaman (Md.) alias Zaman Vs. State, 2000, 29 CLC (HCD)
....har, District-Rajshahi be enlarged on bail in Motihar PS Case No.2 dated 6-3-2000 to the satisfaction of the District Magistrate, Rajshahi. Ed. This Case is also Reported in: 52 DLR (2000) 556. ......ered in this behalf by the Central Government and no Court inferior to that of a Sessions Judge shall try any such offence.” 17. Though short and concise the Antiquities Act is a self contained, full and complete enactment with elaborate provisions not only for the preservation and protection o......s Judge, Rajshahi refusing to grant bail to appellant Md. Kamruzzaman alias Zaman. 2. Motihar PS Case No.2 dated 6-3-2000 was started against the appellant upon an Ezahar that the appellant was engaged in smuggling of antiquities and narcotics. So a contingent of Police personnel under the leader..Category: Criminal Law | Date: | Hits: 72
....the suit land in favour of appellants through court.
The office is directed to send down the lower Court’s record at once.
Md. Rais Uddin J.- I agree.
Ed.
This Case is also Reported in:
...... 1985. The concern House Rent controller has allowed the appellants (decree holder) to withdraw money being satisfied that the entire consideration money of the suit land and the solatium was paid in full. From the record it appears that by order No. 37 dated 16.8.86 the defendant appellants were tr......00/-. 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 Controller under section 19 of the pre..
Category: Property Law | Date: | Hits: 110
Bangladesh Legal Aid and Services Trust (BLAST) and another Vs. Bangladesh, 2010, 39 CLC (HCD)
....a copy of this judgment be communicated at once. Sheikh Abdul Awal J. - I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 194; 15 MLR (HCD) (2010) 145; 30 BLD (HCD) (2010) 194. ...... liberty and security of person." Article 5. “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” Article 10. “Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determin......an Ain, 2000 (Act VIII of 2000) should not be declared to be void, unconstitutional and ultra vires and as to why petitioner No.2 the convicted detenu Md. Shukur Ali, son of late Hashem Mondal of Village-Shibrampur Tepra, Police Station-Shibalaya, District-Manikganj detained in the condemned cell of..Category: Criminal Law | Date: | Hits: 128
Asaduzzaman (Md.) Vs. Md. Salamatullah & others, 1999, 28 CLC (HCD)
....quashed. In the result, both the Rules are made absolute. The proceedings of CR Case No.555 of 1996 and CR Case No.65 of 1996 are quashed. Ed. This Case is also Reported in: 52 DLR (2000) 530.......ording to him, this conduct of the accused petitioners shows that they had no intention to make the payment and they, by false inducement, got delivery of the shrimp fries having no intention to make full payment. He has further submitted that part payment was an eye-wash to deceive the complainant.......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 1806; Syed Ali Mir v Syed Omar Ali as 1990 BLD (AD) 168 (also in 42 DLR AD) 240. Lawyers Invo..Category: Criminal Law | Date: | Hits: 46
Tarique Rahman Vs. Director General, Bureau of Anti-Corruption, 1999, 28 CLC (HCD)
.... 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. ......aforementioned case of Mustafiz Rahman has observed as follows: “The petitioner of each of the four writ petitions was asked to submit the statement in the prescribed form giving statements with full particulars of the properties acquired in his name or in the Benami, the liabilities and the so......sing public function. While defining the word “Government” the judgment relied on to KJ Aiyar’s Judicial Dictionary, 9th Edition, 1984, on Halsbury’s Laws of England Fourth Edition, Volume 8 page 524, the cases of Annie Besant Vs. Emperor ILR 39 Madras, 1085 and the Government of Bangladesh ..Category: Criminal Law | Date: | Hits: 69
Sayed Nurul Hossain Vs. Secretary, Ministry of Industries, 1998, 27 CLC (HCD)
....yment of the petitioner and accordingly no interference is called for. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 226.......idavits filed by the petitioner submits that the project in question is still continuing. However, since in spite of the prayer of the petitioner in the Writ petition for treating him in service with full benefit Rule issued in the present case is confined only to the cancellation of the appointment......3. The respondent No. 1 contested the Rule and filed affidavit-in-opposition stating, inter alia, that the petitioner, on 30-4-91, retired from BSTI as Director Administration on attaining retirement age of 57 years and so at the time of issuance of the appointing letter dated 31-12-91 (Annexure-A) ..Category: Employment/Service Law | Date: | Hits: 117
Ekramul Huq @ Bachchu and another Vs. State, 1999, 28 CLC (HCD)
....appellants, took us through the judgment and the evidence on record and thereafter he has submitted that there is no evidence against the appellants to implicate them in the murder of an unidentified woman. He has pointed out that the investigation officer of the case could not find out the identity......ribunal may consider the question of granting bail to the accused persons if such application is made. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) 219. ......achchu and another…………………Appellants Vs. State………….Respondent Judgment March 9, 1999. Cases Referred to- Dharmasena vs. King Criminal Law Journal, 1950 Vol.50 page 1997, Abdul Ghani vs. Emperor Indian Law Reports Vol.29 page 412 and Gopalkrishna Naidu vs. Stat..Category: Criminal Law | Date: | Hits: 90
Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)
....rder as to cost. All interlocutory orders, issued earlier, are hereby vacated. Mohammad Anwarul Haque J.- I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 386. ......t has been granted 15% Carried Interest Participation by the State, meaning, 15% shares are reserved for it out of all PSCs, Malaysia enters into with overseas companies. Petronas is also vested with full authority to negotiate the terms in all profit sharing contracts, whereas in Bangladesh BAPEX a......ce of Petroleum Act 1974. Malaysia also established it’s National Oil Company, named, “Petronas” under it’s legislation titled Petroleum Development Act 1974. Having received government patronage during the preceding 24 years, Petronas has emerged as an internationally reputed company with o..Category: Constitutional Law | Date: | Hits: 231
Rowshan Ali (Md.) Vs. State, 2000, 29 CLC (HCD)
....his bail bonds immediately to serve out the remaining portion of sentence imposed upon him. Send down the lower Court records immediately. Ed. This case is also Reported in: 52 DLR (2000) 510.......me due to the adverse political circumstances prevailing in the country at the relevant time. The accused appellant although subsequently submitted the Master Rolls to the authority concerned showing full distribution of the rice, the authority concerned refused to accept the same with oblique motiv......ve any rice as relief from the accused and he misappropriated the entire quantity of rice for making illegal gains at the cost of people in distress. He further stated that he had visited all the villages in the Ward of the accused and h got the same report of non-distribution of rice from everywher..Category: Criminal Law | Date: | Hits: 88
State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)
....rected to take steps for disposal of the application in the light of our findings as above. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 82; 28 BLD (AD) (2008) 138; V ADC (2008) 796. ......e respondent No.1 is a businessman and deals in fuel business having trade licence under the name and style "M/S. Mofiz Fuel Supply" and is a regular income tax payee. The respondent Nos. 2 and 3 are full brothers and they are also businessmen, the former is a first class contractor and an enlisted ......ice was able to arrest accused Sumon Sheikh who is in custody now. The respondents after returning home came to know about the raiding and then sent their tadbirker to the local police station who managed a photocopy of the FIR. 4. The High Court Division upon an application under Section 498 of..Category: Criminal Law | Date: | Hits: 100
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
.... 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.......vict such as the petitioner should not be allowed to take part in the helm of affairs like the legislative process by sitting in the Parliament representing his Constituency. The learned Counsel forcefully argues in support of this point that the conviction once given by the trial Court is the convi......slam Vs. Bangladesh Election Commission and others, 1996 BLD (AD) 204 = 48 DLR (AD) 208; Vikram Anand Vs. Rakesh Singha AIR 1995 (HP) 130; Vickers, Sons & Maxim Limited Vs. Evans (1910) Ac 444; Khagendranath Vs. Umesh Chandra Nath, 53 DLR (2 AIR 1958 Assam 183; Pakala Narayana Swamk Vs. Emperor,..Category: Constitutional Law | Date: | Hits: 202
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