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.... is discharged without any order as to costs.
Let a copy of this judgment be forwarded to the Ministry of Law and Justice at once.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 538....... is discharged without any order as to costs.
Let a copy of this judgment be forwarded to the Ministry of Law and Justice at once.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 538.......ers. Rule 7 enjoins upon the Tribunal to-follow, as far as practicable, the provisions of the Code of Civil Procedure, relating to the execution of a decree. A decision and order directing payment of money to an applicant may thus be enforced by following the provisions of the Code of Civil Procedur..
Category: Administrative Law | Date: | Hits: 445
Zehad Ali Vs. Kharshed Ahamed & others, 1984, 13 CLC (HCD)
..... In the facts and circumstances of the case, there would however be no order as to cost. Let the records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 336. ......s of the date of receipt of the record from this Court". 7. The appeal thereafter was again heard by the District Judge who held :-(a) Defendant-appellant was not a defaulter having an un-adjusted amount of Tk. 6,800/- as security deposit with the landlord, (b) Running of a barber shop in the sui....... In the facts and circumstances of the case, there would however be no order as to cost. Let the records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 336. ..Category: Property Law | Date: | Hits: 115
Chittagong Port Authority Vs. Hong Kong Shipping Lines & others, 1989, 18 CLC (HCD)
....judgment and decree of the lower appellate Court and dismiss the suit against the defendants. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 332. ...... those undelivered drums by the Port Authority and as a result of non-delivery of those drums the consignee suffered loss of Tk. 3.900/-. The consignments were insured with the plaintiff who paid the amount claimed by the consignee under a letter of subrogation. The plaintiff filed suit for realisat......nst the defendant No.1 Hong Kong Shipping Lines and defendant No, 2 the agent of the defendant No.1 and defendant No.3, the Trustees of the Port of Chittagong the present appellant for realisation of money. The plaintiffs’ case was that M/s. Md. Haji Gani Ltd. imported 512 drums and 769 drums of S..Category: Business or Commercial Law | Date: | Hits: 397
....t lawful authority and that those are of no legal effect.
The Rule is accordingly made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 326.
......n precedent. It cannot be whittled down by any device. It cannot be even accepted that an acquisition proceeding may be started without any agreement, but if a subsequent agreement is reached then it amounts to validation. The principle of subsequent validation cannot be entertained in a matter wher......he approved valuation. Then a notice under Section 7 of the Ordinance was served on the owners of the disputed land and they were asked to be present on the spot on 1.4.84 to receive the compensation money, but they did not appear. Although Kishoregonj was made a separate district from 1.2.84, the r..
Category: Property Law | Date: | Hits: 116
Abdus Salam Vs. Chief Election Commissioner and others, 1989, 18 CLC (HCD)
....fore, find that this Rule does not merit any interference. In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 324. ......pted this position in his earlier affidavit-in-opposition. The Returning Officer has also confirmed this fact. So, he submits, there is no disputed question of fact. Facts are all admitted. 11. No amount of consent by the respondent or any election official or no amount of agreement between the p......fore, find that this Rule does not merit any interference. In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 324. ..Category: Election Law | Date: | Hits: 215
....o say, regarding composition of other Parishad only. Moreover, the members shall be elected by the voters of the wards for the particular ward and the Chairman shall be elected by the voters of the whole Union, but in case of removal of a member, a provision has been made in section 12 of the ...... a case be legitimately stretched so as to throw the impossible onus on the complainant to prove affirmatively that there are other individuals or class of individuals, who also possess the precise amount of the identical qualities which arc attributed to him so as to form a class with him."
36.......90. As the hearing could not be completed, we heard the matter to-day, the 17th February, 1990, Saturday and delivered the judgment.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 316.
..
Category: Election Law | Date: | Hits: 391
Sonali Bank Vs. Abidur Rahman, 1990, 19 CLC (HCD)
....istrict Court. 5. Mr. Asrarul Hossain referred to a notification dated 20.10.84 by which the Subordinate Judge and Commercial Court No.1, Dhaka has been given territorial jurisdiction over the whole District of Dhaka (i.e. District Court of Dhaka) in respect of suits relating to Bank loans an....... The rule is, accordingly, discharged without any order as to costs. Communicate this order to the District Judge, Dhaka, at once. Ed. This Case is also reported in: 42 DLR (HD) (1990) 311........ The rule is, accordingly, discharged without any order as to costs. Communicate this order to the District Judge, Dhaka, at once. Ed. This Case is also reported in: 42 DLR (HD) (1990) 311...Category: Procedural Law | Date: | Hits: 168
Trade Multi Plex and another Vs. Artha Rin Adalat and another, 2010, 39 CLC (HCD)
.... of judgment. The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 533.......003. 2. Facts necessary for the disposal of the rule, in short, are as follows: 3. Petitioner No.1 Messrs Trade Multi Plex and its proprietors petitioner No.2 Rashed Mehfuz Khan took loan of an amount of Taka 4,80,000 from Janata Bank Ltd., Corporate Branch, MK Road, Jessore (hereinafter refer...... of judgment. The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 533...Category: Civil Law | Date: | Hits: 157
Tarique Rahman Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....y, the Rule is discharged without any order as to costs. The trial Court is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ......e Cantonment Police Station under sections 2/4(2) of the Money Laundering Prevention Act, 2009 implicating the accused petitioner along with others stating, inter alia, that accused No.1 deposited an amount of Tk.20,41,843 in Account No.158052, City Bank and concealed the same. Besides, the accused ...... was assigned in the FIR which creates doubt about the prosecution case. 6. Md. Jahirul Islam (Sumon) an Advocate filed Writ Petition No.4327 of 2010 challenging the virus and constitutionality of money Laundering Prevention Act, 2009. A Division Bench of this Court issued Rule on 25-7-2010. The ..Category: Criminal Law | Date: | Hits: 112
Ibrahim Khalil and others Vs. Mujibur Rahman and others, 2012, 41 CLC (AD)
....servation that the findings of the Courts below not relating to specific performance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ......eed of agreement dated 27.09.1999. On the date of execution of the agreement, defendant No.2 was stated to have received Tk. 300,000/- as earnest money and subsequently, the plaintiffs paid different amounts to defendant No.2 on proper receipts. All told, the plaintiffs stated to have paid Tk. 16,25......r specific performance of contract In a suit for specific performance of contract, the question to be decided whether there had been a valid contract between the parties and whether consideration money was paid as per terms of the contract. There is no scope for consideration of the issue of tit..Category: Civil Law | Date: | Hits: 186
Md. Rafiqul Islam alias Rafique Vs. State, 2011, 40 CLC (HCD)
....ion Case No.40 of 1994 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in: ......ion Case No.40 of 1994 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in: ......d writing. The appellant’s father Mohammad Ali was cousin brother of his mother. P.W.3 Shonabhan, widow of victim Shona Mia, who accompanied him up to the house of occurrence, stated that they gave money to Mohammad Ali for connection of gas line to their house. Since the gas line was not connecte..Category: Criminal Law | Date: | Hits: 101
SM Sabbir Hasan Vs. State, 2011, 40 CLC (HCD)
....ermitted to take back the certified copies of the annexures on substituting with photo copies of the same, except the impugned order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 368. ......sed-petitioner called him to his office and he informed the matter to RAB-7, Chittagong and on their advise he went to the office of the accused-petitioner with Taka 10 lakhs and handed over the said amount to the accused-petitioner as bribe money, but he got the above act recorded in video camera a......d he informed the matter to RAB-7, Chittagong and on their advise he went to the office of the accused-petitioner with Taka 10 lakhs and handed over the said amount to the accused-petitioner as bribe money, but he got the above act recorded in video camera and RAB forces arrested the accused-petit..Category: Criminal Law | Date: | Hits: 111
Commissioner of Customs, Chittagong Vs. Tectonics and others, 2010, 39 CLC (HCD)
....al. Accordingly, we find no merit in this rule and the rule is thus discharged without cost. Thus, the Customs Appeal is dismissed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 367. ......dent No.1 preferred an application to the Review Committee against the said assessment order. The Review Committee on hearing the parties directed for reassessment of the valuation of the goods to an amount less than 30% as received from the Embassy about diplomatic price. As against the said order,......al. Accordingly, we find no merit in this rule and the rule is thus discharged without cost. Thus, the Customs Appeal is dismissed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 367. ..Category: Procedural Law | Date: | Hits: 111
Afifa Sultana Vs. Judge, Artha Rin Adalat and others, 2011, 40 CLC (HCD)
....as to costs. The order of stay granted earlier by the Court stands vacated. Communicate the judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ...... Purana Paltan, Dhaka (hereinafter stated as the Bank). The Bank instituted Title Suit No.45 of 2003 on 21-4-2003 before the Joint District Judge and Artha Rin Adalat No.4, Dhaka for recovery of loan amounting to Taka 51,46,231.10 against the petitioner, the Company and its directors. After the Arth......as to costs. The order of stay granted earlier by the Court stands vacated. Communicate the judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ..Category: Civil Law | Date: | Hits: 269
Anwar Ali Vs. State, 1987, 16 CLC (HCD)
....ction. 16(3) read with section 16(I) (a) of the Special Powers Act. He may be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 450. ......No.27/85 and sentenced to suffer R.I. for 3 years and to pay a fine of Tk. 7,00,000/-, in default, to suffer R.I. for 1 year more. The sentence passed shall run from the date of his apprehension. The amount of fine shall be realised by attachment or sale of moveable property standing in his name a...... mortgage and hypothecation, irrecoverable general power of attorney in favour of the bank, mortgaging assets and machineries of the company in lieu of the said loan. The said company took the loan money. The foreign currency loan was to be repaid in 18 half yearly instalments within 10 years star..Category: Criminal Law | Date: | Hits: 108
Haji Karamat Ali Master Vs. Lehajuddin Talukder & others, 1988, 17 CLC (HCD)
....d cancelled. A copy of the decree be sent to the Sub-Registrar concerned for necessary note in the relevant book maintained by him. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 447.......greement on 30.5.78 corresponding to 15th Jaistha 1385 B.S., and delivered possession of the lands. Accordingly defendant No.2 executed in his favour the disputed kabala on receipt of the balance amount of Tk.1000/- on 9.2.79 corresponding to 26th Magh, 1385 B.S. at Barguna. But as the time fo......d cancelled. A copy of the decree be sent to the Sub-Registrar concerned for necessary note in the relevant book maintained by him. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 447...Category: Property Law | Date: | Hits: 82
Dr. Suraiya Hossain Vs. Taherunnessa, 1988, 17 CLC (HCD)
.... decision reported in 25 DLR 282 but it appears that the said learned Munsif, as usual, did not care to read it carefully and also read the other decisions quoted in that case. He misunderstood the whole thing, which is very unfortunate. 34. Lastly if has been contended by the learned Advocate ...... and fixtures including sanitary and other equipments that may be damaged by the defendants during the tenancy. According to the terms of the agreement the tenant is entitled to receive back the said amount when vacant possession would be handed over. 6. The tenancy continued and there was no tro......nt but as security against damages of fitting and fixtures which has nothing to do with the rent and if there are damage of the fixture and fitting the tenant may receive nothing out of that security money and if no damage, the whole would be refunded. 36. Mr. Giasuddin Ahmed, the learned Advoc..Category: Property Law | Date: | Hits: 88
....lt all the three appeals are dismissed but in the facts and circumstances of the case we direct the parties to bear their own costs.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 125.
......ompanies estimated the extent of damage to the insured properties and the Controller of Insurance subsequently appointed a second surveyor to do the same job. A difference having arisen as to the amount of loss or damage sustained by the appellant, both the appellant and the insurance companie......according to Clause 18, the insured has to spend two decades for ascertaining from the arbitrator only the amount of loss or damage sustained by him and has to spend another two decades to obtain a money decree in terms of the award then the insurers solemn agreement or promise to pay immediatel..
Category: Business or Commercial Law | Date: | Hits: 290
Emdadul Hoque Miah Vs. People's Republic of Bangladesh, 1989, 18 CLC (HCD)
....ted 17.10.87 is illegal and has been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 110.......ted 17.10.87 is illegal and has been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 110.......there has been misuse of power or violation of law on the part of Govt. in passing the order of suspension. It is further stated that there are allegations of corruption, mis-appropriation of Govt. money and misuse of official power against the petitioner for which the impugned order was issue..Category: Others | Date: | Hits: 175
Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....1991 having not been before this Court, the impugned Ordinance having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. ......er Article 39 when it is not the legal position as in fact there is no constitutional guarantee of a secret ballot and this cannot even be read into the Constitution by implication because that would amount to legislation. Parliament is the supreme law making authority and the only law making author......1991 having not been before this Court, the impugned Ordinance having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. ..Category: Constitutional Law | Date: | Hits: 414
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