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Shaherunnessa Vs. Shamsunnahar, 2007, 36 CLC (HCD)
....l Corporation and got electric connection, etc. They paid rents and taxes, etc. 4. Thus being owner, Lutfor Rahman let out the suit premises to said defendant Shaherunnessa on the basis of an oral agreement. Then, Lutfor Rahman transferred the suit premises along with other properties to his daug......nsation. The suit was then on transfer re-numbered as Suit No. 10 of 2002. 3. Plaint case, in short, is that Mujibor Rahman and Solaiman on 29-1-62 purchased the suit premises, which was described to be a one-storied semi-pucca house in plot No. 705(part) and 706(part) and fully described in the ...... the decree of the trial Court decreeing the suits are hereby set aside and both the suits are dismissed. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 217. ..Category: Property Law | Date: | Hits: 35
Dhaka City Corporation and others Vs. Shamsur Rahman and others, 2007, 36 CLC (HCD)
....ed on their own cost 62 shops on said unused land and started business of old iron. When the plaintiff claimed to be owner of the suit land, defendant No. 4 and its members entered into monthly lease agreement with him due to ignorance and started paying rents thinking the plaintiff was the real own......yan Mohajan and another 2006 BLD (AD) 145 = 11 BLC (AD) 226; Sarashijaksha Chatterjee and others vs. Karpor Kamini Devi and others, AIR 1937 Calcutta 745; S Sibtain Fazli vs. Messrs Star Film Distributors 14 DLR 307; Kayemat Ali Sakidar and others vs. Jainuddin Talukder, 14 DLR 657; Commander (Retd.......ring with peaceful possession of the plaintiff in the suit land, in any way, as prayed for. Send down the records, at once. Ed. This Case is also Reported in: 59 DLR (2007) 207. ..Category: Property Law | Date: | Hits: 32
Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)
....on of the judgment is stayed for 4 (four) weeks from date. There will however be no order as to costs. Amirul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 72.......irul Islam Chowdhury J Anwarul Hoque Chowdhury J Janata Bank....................Appellant Vs. M/S Ahmedia Garments ..............Respondent Judgment July 8, 1987. Cases Referred to- 33 DLR (AD) 298, AIR 1970 (S.C.) 891, AIR 1981 (S.C.) 1426, AIR 1986 ( S.C.) 1924, AIR 1983 (......d because the bills have been negotiated long before the order of ad interim attachment was passed. It was the case of the defendant Bank that the defendant No.1 namely M/S. YAMA MOTO & CO. LTD., the seller of the machineries has already received the payment against the letter of credit in question ..Category: Business or Commercial Law | Date: | Hits: 209
....ntiff opposite party within 7 days from the date and to submit subsequent gas bills as per meter reading.
2. The short facts relevant for the purpose of disposal of this Rule is, that there was an agreement signed and executed by the Titas Gas Transmission and Distribution Company Ltd. with Mr. H......d. is directed against the judgment and Order No. 23 dated 14-11-2000 passed by the learned Subordinate Judge, 4th Court Dhaka in Title Suit No. 276 of 1999 allowing an application for temporary mandatory injunction under section 55 of the Specific Relief Act, directing the defendant petitioner to r......eceipt of the copy of this judgment.
In the result, the Rule is disposed of with the aforesaid observation without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 35.
..
Category: Civil Law | Date: | Hits: 115
....iff and defendant No. 1 and also on the basis of illegal, malafide and void Award obtained by the defendant No. 1 from the defendant No. 1.
b. declaration that the plaintiff never entered into any agreement in relation to contracts No. 7209 dated 25-8-9 1, Nos. 7228 and 7229 both dated 26-8- 91 a......ons as well as perpetual injunctions:
a. Permanent injunction against the defendants restraining them from taking any legal or other action and/or proceeding on the basis of alleged contracts said to have been entered into between the plaintiff and defendant No. 1 and also on the basis of illegal......Plaint of the suit having been rejected, no separate order needs to be passed on the application of defendant No. 3 for striking out its name.
Ed.
This Case is also Reported in: 54 DLR (2002) 17...
Category: Civil Law | Date: | Hits: 101
M. Abul Quashem & ors. Vs. Moulvi Abdur Rab Miah & others, 2002, 31 CLC (HCD)
....not sustainable in law. 9. The fact and circumstances of the instant case discussed above are almost similar to that of the case referred to above from the legal point of view. So, with respectful agreement with the view of their Lordships of the Division Bench, it may be held that when a violati......r the Petitioner Not represented‑ the Opposite Parties. Civil Revision No. 1389 of 1996. Judgment Md. Abdur Razzaque J.- By this Rule the opposite party Nos. 1 and 2 were called upon to show cause as to why the impugned order dated 5‑5‑1996, passed by the learned Senior Assistan......ceipt of the order in accordance with law. Stay granted earlier is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 32...Category: Property Law | Date: | Hits: 28
Matiur Rahman (Md) Vs. People's Republic of Bangladesh and others, 2002, 31 CLC (HCD)
....go up to Grade‑6 level whereas as Darowan he can go up to Grade‑3 level only. 8. We have perused the decisions placed before us by the learned Advocate for the respondent. We are in respectful agreement with those. The respondent Company is owned by the Government, and is not an ordinary Comp......Advocate ‑ For the Petitioner. MA Samad, Advocate ‑ For the Respondents. Writ Petition No. 4540 of 2000. Judgment SAN Mominur Rahman J.- Rule was issued calling upon the respondents to show cause why the order of transfer of the petitioner, an unskilled labour, to the post of Darow......the writ petition changing his status and transfer as Darowan is declared to have been passed without lawful authority and of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 26...Category: Labour and Industrial Law | Date: | Hits: 71
Habib (Md) and another Vs. State represented by the Deputy Commissioner, 1999, 28 CLC (HCD)
....ties of Taka 12, 61, 00,000.00 from the above Branch of the Bank and Md Habib was the guarantor. The above firm imported Dano Full Cream Powder Milk with the loan granted by the Bank. On the basis of agreement dated 01-06-96, 29,200.00 cartons of Dano powder milk were kept in the godown of Md. Islam......s. Rafiqul Haque with M Nazrul Islam, Advocates—For the Opposite Party. Criminal Appeal No.1156 of 1999. Judgment Md. Hamidul Haque J. - By this Rule the opposite party was called upon to show cause as to why the proceedings of GR No. 929/98 now pending in the Court of Chief Metropoli...... proceedings of GR Case No. 929 of 1998 so far it relates to the present petitioners Md. Habib and Ahmed Abdullah Lokman are quashed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 105. ..Category: Criminal Law | Date: | Hits: 39
Humayun Majid Vs. Bangladesh Bureau of Anti-Corruption and ors., 2000, 29 CLC (HCD)
....s an abandoned property. Petitioner entered appearance and contested the suit by filing written statement and ultimately title suit was dismissed for default on 7- 2-95. The petitioner had no tenancy agreement with M/S Jaleel Brothers of late Shamsur Rahman or the persons claiming under him as his h......ecember 3, 2000. Case Referred To- Durga Das vs Emperor, AIR 1943 Lahore 28. Lawyers Involved: MI Farooqui with Ruhul Quddus, Advocates—For the Petitioner. Hasan Shaheen, Deputy Attorney- the Respondents 1-5. SM Munir Advocate—For the Respondent No. 6. Writ Petition No. 7......t, the Rule is made absolute with cost of Taka 5,000 against the respondent No. 6 and no order as to cost is made against other respondents. Ed. This Case is also Reported in: 54 DLR (2002) 12. ..Category: Anti-Corruption Laws | Date: | Hits: 232
Saroj Kanta Sarker Vs. Seraj‑ud‑Dowla & ors., 2003, 32 CLC (HCD)
....and at a rate of 3,30,000 per pakhi (=26 decimals) as fully described in the schedule to the plaint at a consideration of Taka 51,53,073 and on 2‑4‑1985 on receipt of Taka 3,00,000 he executed an agreement 'Bainapatra' and agreed to execute and register necessary deed of sale in favour of the pl......a contract dated 2‑4‑1985. 2. On 23‑5‑1991 respondent No. 1 Md. Seraj-ud‑Dowla instituted Title Suit No. 176 of 1991 in the 2nd Court of Subordinate Judge at Dhaka, which was on transfer to the above court renumbered as Title Suit No. 14 of 2001. Plaintiff instituted the suit for specif......s barred by principles of estoppel, acquiescence and waiver. 13. He denied specifically that two contracts were, in fact, one contract amongst the plaintiff, defendant No. 1 and defendant No. 3 to sell the entire land to defendant No. 4 or that on 15‑8‑1990 they reached a new contract that he..Category: Civil Law | Date: | Hits: 78
National Bank Ltd. and others Vs. Habib Bank Ltd. and others, 2002, 31 CLC (HCD)
....d, 58 Agrabad PO Box 748 Chittagong. (x) Cargo discharging terms: Fully at openers risk 1000 in/t pwwd Friday/holiday excluded even used and demurrage/dispatch money as per gencon charter party agreement. (x).................................... (x) Shipment to be made thru (through) (ves......ue J KM Khaled J National Bank Ltd. and others.....................Appellants. Vs. Habib Bank Ltd. and others..............Respondents Judgment February 18, 2002. Cases referred to- Bankers Trust Co. vs. State Bank of Indict (1991) 2 Lloyd's Report 443; Hing Yip Hing Fat Co.......a Ltd (the defendant No. 6 in TS No. 56 of 1987) at the port at Padang in Indonesia. On 14th March, 1986, the said ship sailed for Chalna Port with the aforesaid cargo of cement from Padang Port. The seller of the aforesaid 6200 NIT of cement, Navegadora Panocenica SA has its banking transactions wi..Category: Business or Commercial Law | Date: | Hits: 202
Delwar Hossain Sowdagar Vs. State, represented by the Deputy Commissioner, 2002, 31 CLC (HCD)
....long standing business transactions and after the initial discord between the parties over the balance amount of money due from the petitioner to the complainant both the parties entered into a fresh agreement on 3‑9‑2002 (Annexure‑1 to the counter‑affidavit). From the said Annexure it is fo......ed: Abdul Matin Khasru with M Faruque and Pankaj Kumar Kundu, Advocates‑For the Petitioner. Mahbubey Alam with Moqbul Ahmed, Advocates‑ For Opposite Party No. 2 Syed Abu Kowser Deputy Attorney‑General‑For the State. Criminal Miscellaneous Case No. 3204 of 2002. Judgment MA......tive claims in the civil Court. In that view of the matter the impugned proceedings are quashed. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 55 DLR (2003) 5. ..Category: Civil Law | Date: | Hits: 83
....he petitioner and no specific allegation has been made in the impugned Memo and therefore, the petitioner has no reasons to complain that it was detrimental to his career or reputation. We are not in agreement with this submission although no specific allegation has been made against the petitioner ......s Involved:
Jamiruddin Sircar with AKM Shamsul Huq, Advocates—For the Petitioner.
Abdul Malek with Raquibul Hoque Miah, Advocates—For Respondent Nos. 5-34.
Md Mamtazuddin Ahmed, Deputy Attorney-General—For the Respondent Nos. 2-4.
AJ Mohammad Ali, Advocate—For the Respondent No. ......val of the petitioner is illegal and without any lawful authority.
The Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 81...
Category: Employment/Service Law | Date: | Hits: 108
Sonali Bank and another Vs. Md. Harun, 1999, 28 CLC (HCD)
....bank the value of which is over Taka 50.00 lac. It is the case of the plaintiff that the bank most illegally realised IDA credit amount from the cash credit amount though these are under two separate agreements. The bank had no authority to realise this IDA credit amount from cash credit amount befo......ected against the judgment and decree passed by the learned Subordinate Judge Feni in Money suit No. 01-1990 who by his judgment dated 31-1-1991 decreed the suit in part. 2. The short fact leading to this appeal is that the plaintiff instituted the suit alleging that for obtaining loan under IDA ...... 43,000.00 are hereby affirmed with interest at the rate of 8% per annum till realisation. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 75...Category: Civil Law | Date: | Hits: 72
Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)
....ustries vs. Saleh Ahmed & another reported in 46 DLR(AD) 148 applied the principle of Promissory Estoppel with approval. In this case the Appellate Division held that having taken the decision on agreement the mills in question will be returned to their former owners, it is not available to the ......thers..............Petitioners Vs. Public Service Commission and others…………..Respondents Judgment May 18, 2006. Result: The Rule is made absolute in part. Cases Referred to- Principal, Chittagong Medical College and others vs. Shahrayar Murshed 48 DLR (AD) 33; Govern...... expeditiously. Communicate a copy of the judgment immediately to the respondent No. 1 PSC for taking necessary steps expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 182. ..Category: Employment/Service Law | Date: | Hits: 134
Tahera Begum and others Vs. First Court of Settlement and others, 2006, 35 CLC (HCD)
....the original owner of the disputed property which was allotted to him by Government of the then East Pakistan through a letter dated 23-1-1960 and pursuant to the aforesaid allotment letter a deed of agreement for lease of a piece of land measuring 144 sq. yards or thereabout under the registration ......ettlement and others……………..Respondents Judgment August 17, 2006. Lawyers involved: MA Quddus Sheikh for Md. Fazlul Karim—For the Petitioners. Md. Shamsul Haque, Assistant Attorney-General with Ms. Quamrunnessa Ratna, Assistant Attorney-General — For the Respondents. W......ly included in the 'kha' list of the abandoned buildings. In the result, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 59 DLR (2007) 173. ..Category: Property Law | Date: | Hits: 29
....e observations and direction made above.
Communicate a copy of this judgment to the respondent at once.
There is no order as to costs.
Ed.
This Case is also Reported in: 59 DLR (2007) 131.......don BC ex p Kayene Lavenson [1975] QB 431, R v London CC ex p Corrie, [1918] 1 KB 68.
Lawyers involved:
Ms Sarwat Siraj, Advocate—For the Petitioner.
Shamsul Hoque, Assistant Attorney-General—For the Respondent.
Writ Petition No. 3535 of 2005
Judgment
Sy......e observations and direction made above.
Communicate a copy of this judgment to the respondent at once.
There is no order as to costs.
Ed.
This Case is also Reported in: 59 DLR (2007) 131...
Category: Information Technology Law | Date: | Hits: 171
Chairman, RAJUK Vs. Abdul Matin Crore, 2006, 35 CLC (HCD)
....t in favour of the plaintiff. The defendant induced the bidder to participate in auction showing incorrect nature of land in the auction notice published in the newspaper. After registration of lease agreement dated 2-12-1990 and taking possession, the plaintiff came to learn from the report on soil......against the judgment and decree dated 24-11-1998 passed by Mr. Md. Ali Haider, Subordinate Judge, First Court, Dhaka, in Title Suit No. 294 of 1996 decreeing the suit. 2. Short facts leading to this appeal are, that on 26-11-1996 the respondent as plaintiff filed a suit being Title Suit No.......stands dismissed. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 118. ..Category: Property Law | Date: | Hits: 31
Muktar Hossain and others Vs. A Matin Sarker and others, 2007, 36 CLC (HCD)
....er section 96(10)(d) of the State Acquisition and Tenancy Act, 1950 since the transfer was, in fact, a mortgage as the opposite party Nos. 1 to 3 on the same date of impugned deed of sale executed an agreement agreeing to reconvey the land if the vendors would return back the price money within five...... involved: Jafor Alim Khan, Advocate—For the Petitioner. Not Represented—the Opposite Parties. Civil Revision No. 4398 of 2002 Judgment MA Rashid J.- The pre-emptors obtained the Rule upon making a revision application under section 115(1) of the Code of Civil ......neous to the sale deed to find the transaction a mortgage. 7. He also submitted that the alleged agreement was created to defeat preemption otherwise the land would have been reconveyed to the sellers by this time, which is more than five years. 8. I have perused the record. 9. ..Category: Property Law | Date: | Hits: 27
Lokman Hossain @ Md. Lokman Ali (Md) Vs. State, 2003, 32 CLC (HCD)
....nt and his sureties are discharged from their bail bonds. Sent down the LCR along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 109. ......State 1988 BLD 106; Nizam Hazari vs. State, 53 DLR 475. Lawyers involved: Md. Ayenuddin for Sk. Akhtarul Islam, Advocate —For the Convicted-Appellant-Petitioner. Fahima Nasrin, Assistant Attorney-General— For the State. Criminal Appeal No. 1245 of 1994. Judgment Md. Anwaral Haq......of, or sale of, adulterated food or drink, drugs or cosmetics.— (1) Whoever— (a) adulterates any article of food or drink, so as to make such article noxious as food or drink, intending to sell such article as food or drink, or knowing it to be likely that the same will be sold as food or..Category: Criminal Law | Date: | Hits: 35
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