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Anhar Ahamed Chowdhury and another Vs. Md. Shamsuzzaman and others, 2006, 35 CLC (HCD)
....iscount price, provided the total discounted price of the apartment project including a car parking space and the driver's room which being Taka 41,22,000 is to be paid in advance; that as per verbal agreement with defendant No. 1 and the terms and conditions stipulated in the brochure of the "BLISS......s directed against the judgment and decree dated 20-11-2002 passed by the learned Joint District Judge, First Court, Dhaka, in Title Suit No. 232 of 1999, decreeing the suit. 2. Short facts leading to this appeal are, that on 12-1-1999 the respondent No. 1 as plaintiff instituted Title Suit No. 23...... that in course of discussion defendant No. 1 also informed him that out of 10 apartments of the above "BLISS" Apartment Project he had already sold nine apartments to his relatives and he offered to sell the remaining one i.e. apartment No. 3B (located on the 3rd floor at the western side of the bu..Category: Business or Commercial Law | Date: | Hits: 208
AKM Abdul Latif Vs. Banani Metal Limited and others, 1998, 27 CLC (HCD)
....mpany having its registered Office at 60/1, Purana Paltan, 1st Floor, Dhaka under sections 162 and 163 of the Companies Act, 1913. 2. The petitioner’s case, in short, is that, he had executed an agreement on 26-10-89 and subsequently, another agreement was also executed on 13-11-89 between the ......eement on 26-10-89 and subsequently, another agreement was also executed on 13-11-89 between the respondent No.2 and the petitioner. The petitioner has contended that the respondent company entered into an agreement being agreed by all its directors that an amount of Taka 5,00,000.00 is needed to in......osition that as per agreement, Annexure-A to the petitioner that the petitioner being the second party to the agreement would be included as a regular and permanent Director of the Industrial Unit by selling of 250 shares of Taka 100.00 each amounting to Taka 25,000.00. The respondent No.2 has furth..Category: Company Law | Date: | Hits: 239
Afzal Khan (Md) Vs. Md. Azmal Khan and others, 2006, 35 CLC (HCD)
....8 suit land was rented to SVOC Petrol Pump and all the 4 brothers were enjoying possession according to their respective share through tenants. Subsequently, the schedule land was rented by a tenancy agreement to Esso Standard Eastern Co. for constructing a petrol pump and after liberation the said ...... Sheikh Abdul Awal J Afzal Khan (Md)..............................Petitioner Vs. Md. Azmal Khan and others………………Opposite Parties Judgment February 7, 2006 Cases Referred to- Kazi Abdul Khaleque vs. Kazi Fazlur Rahman 34 DLR 278; Badhu and others vs. Ghulam Shah 15 DL......ed to proceed with the trial of the suit as expeditiously as possible. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 43. ..Category: Property Law | Date: | Hits: 42
Abul Kashem Vs. State, 2005, 34 CLC (HCD)
....re from. The accused Alhaj Abul Hashem, who is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 1. ......………………………..Opposite Party Judgment August 31, 2005. Lawyers involved: Maqbul Ahmed, Advocate — For the Petitioner. Shamim Ara Dora, Assistant Attorney-General with Shirin Afroz, Assistant Attorney-General—For the State. Criminal Revisi......ing No. 1245 of 1996 stating, inter alia, that getting information on 15-7-1999 through newspaper namely, 'Ittefaq", that Housing Project namely, Urban Housing and Technical Development Company would sell land of its project adjacent to Rayer Bazar within berry bandh which was approved by Dhaka Impr..Category: Criminal Law | Date: | Hits: 41
Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)
....urity for a Bank guarantee provided by IFIC Bank Ltd. for Taka 25.00 lac favouring Biman Bangladesh Airlines, Accordingly, respondent No. 2 wrote on 31-10-1993 to IFIC Bank Ltd. informing them of the agreement to sell the said shares to the petitioner and instructed them to deliver the shares to the......, 1995. Cases Referred To- Shoaib (Md) Vs. Uttara Bank Ltd and another 43 DLR 329; State Vs. Indian Chemical AIR 1957(Orissa) 203; B Choukhani Vs. Western Indian Theatres Ltd. AIR 1957; Bajaj Auto Ltd. Vs. N K Firodia AIR 1971(SC) p-321; Halgh Vs. Arderna Cinemas Ltd. 1951 C. 286; (1950) 2 All......ank guarantee provided by IFIC Bank Ltd. for Taka 25.00 lac favouring Biman Bangladesh Airlines, Accordingly, respondent No. 2 wrote on 31-10-1993 to IFIC Bank Ltd. informing them of the agreement to sell the said shares to the petitioner and instructed them to deliver the shares to the petitioner o..Category: Company Law | Date: | Hits: 181
Momin Malitha & ors. Vs. State, 1988, 17 CLC (HCD)
.... their opinion against the accused persons finding all of them guilty under sections 302/34 of the Penal Code. The learned Sessions Judge, Kushtia on consideration of the materials on record and in agreement with the opinion of the assessors found accused-appellant Momin Malitha guilty under secti......howdhury J Muhammad Ansar Ali J Momin Malitha & ors......................... Appellant Vs. State ...............................Respondent Judgment April 24, 1988 Cases Referred to- 1987 BLD (AD) 265, 1985 B.C.R. (AD) 315, AIR 1936 (Rangoon) 526 & AIR 1934 (Lah.) 345, 1987 ......part subject to the modification with regard to his conviction and sentence as stated above. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 37...Category: Criminal Law | Date: | Hits: 52
Mahbubul Alam Vs. State, 1988, 17 CLC (HCD)
....erially remains the same but only the conviction was made under the section more properly applicable to the facts proved. Thus in view of the provisions of section 237 Cr.P.C. and being in respectful agreement with the pronouncements of the learned Judges, I am of the view that although in this ...... (Criminal) Present: AM Mahmudur Rahman J Mahbubul Alam...............................Petitioner Vs. The State.......................................Opposite Party Judgment October 27, 1988. Cases Referred to- Jahangir Hossain Vs. The State, 7 BLD 366, Makhan Chandra......result, the Rule is discharged. The accused-petitioner is directed to surrender to his bail bond to serve out the sentence awarded against him. Ed. This Case is also Reported in: 41 DLR (1989) 7...Category: Criminal Law | Date: | Hits: 26
Mohammad Musa Vs. Kabir Ahmed, 1998, 17 CLC (HCD)
....charged in the aforesaid terms. The petitioner is directed to surrender to his bail bond to serve out the remainder of the sentence, if any. Ed. This Case is also Reported in: 41 DLR (1989) 4. ......nal) Present: A M Mahmudur Rahman J Mohammad Musa................. Petitioner Vs. Kabir Ahmed........................Opposite Party Judgment February 4, 1988. Case Referred to- Nasiruddin Mahmud & others Vs. Momtazuddin & another 36 DLR (AD) 14. Lawyers Invol......of Upazila Magistrate under section 406 of the Penal Code on the accusations, inter alia, that he had a partnership business with the accused and they used to purchase paddy from different places and sell the same at Chittagong; on 15th Bhadra the complainant purchased 500 mds. of paddy from one Haj..Category: Criminal Law | Date: | Hits: 37
Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)
....be delivered within 8(eight) months from the date of disbursement of first instalment and first instalment was paid on 14.10.80. 6. That the borrower/builder failed to maintain the schedule as per agreement/ undertaking to complete and deliver both the vessels by 30.6.83 but the same have not bee......ision No. 244 of 1984. Judgment ATM Afzal J.- These two Rules, at the instance of the respective accused-petitioners, were issued upon the Deputy Commissioner, Dhaka and the opposite party No.1 to show cause as to why the proceedings in petition case No. 563a/84 now pending in the Court of the......is liable to be quashed. Accordingly, the rules are made absolute and the impugned proceeding is quashed. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 46...Category: Criminal Law | Date: | Hits: 67
Bashiruddin Ahmed Vs. Ministry of Finance, National Board of Revenue, 1996, 25 CLC (HCD)
....n the result, the Rule is discharged without any order as to costs. The stay order granted by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 33. ......of 1995. Judgment Mainur Reza Chowdhury J.- On an application made under Article 102 of the Constitution by the petitioner Bashiruddin Ahmed a Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order contained in the Nathi No.3 (3) VAT-5/95 corresponding to......months the wreck becomes vested in the Government but it is not a ‘prize’ of the Government as in the case of drift timber. The owner reserves his right within six months to salvage the wreck and sell the same in which case the owner would have had to pay the customs duty. 7. In the instant c..Category: Fiscal/Taxation Law | Date: | Hits: 86
Habib Bank Limited Vs. UAE Bangladesh Investment Company Limited and another, 1998, 27 CLC (HCD)
....company, a corporation or a firm, carrying on, as its principal business, the management, conduct or supervision, as the foreman or agent, of any transaction or arrangement by which it enters into at agreement with a number of subscribers that everyone of them shall subscribe a certain sum by instal......tha Rin Adalat No. 2. Dhaka in Money Suit No. 34 of 1992. The Adalat by judgment dated 29-8-1996 decreed the suit for a sum of Taka 14, 05, 75,934.28 paisa with interest. 2. The short fact leading to this appeal is that, the plaintiff-respondent instituted the suit alleging that the plaintiff com......missed with costs. The judgment and decree passed by Adalat is hereby affirmed. Send down the lower Court records expeditiously. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 25. ..Category: Banking Law | Date: | Hits: 136
Bashir Ahmed and others Vs. Ayub Ali Mollah, 1998, 27 CLC (HCD)
.... belonged to Fulesa Khatun who transferred the suit premises by a deed of gift in favour of the plaintiff, her son and that defendant had been a monthly tenant in the suit premises on the basis of an agreement dated 6-6-1970 and that the defendant was aware of the transfer of the suit property in fa......he suit. 2. Petitioner as plaintiff instituted the suit in question for ejectment of the defendant-opposite party, a monthly tenant, stating, inter alia, that the suit property originally belonged to Fulesa Khatun who transferred the suit premises by a deed of gift in favour of the plaintiff, her......ting the defendant tenant if he does not vacate the suit premises within 60 (sixty) days. Send down the lower Court record at once. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 55. ..Category: Tenancy Law | Date: | Hits: 148
Jebun Nessa Zaman and Others Vs. Hosne Ara Lili, 2001, 30 CLC (HCD)
....ecific Relief Act for recovery of possession of the suit shop. Plaint case, in short, is that the plaintiff took monthly lease of the suit shop on 01-07-87 from the petitioner No.1 on the basis of an agreement. As per terms of the agreement, the plaintiff deposited Taka 90,000 with said petitioner a...... possession. 2. Opposite party as plaintiff instituted the suit under section 9 of the Specific Relief Act for recovery of possession of the suit shop. Plaint case, in short, is that the plaintiff took monthly lease of the suit shop on 01-07-87 from the petitioner No.1 on the basis of an agreemen......d of one year and the plaintiff deposited further Taka 90,000 as security with said petitioner and rent was enhanced from Taka 1,600 to 2,000. The plaintiff was carrying on the business of making and selling sweets as before. The plaintiff employed the petitioners No.2 to 5 as her employees as they ..Category: Civil Law | Date: | Hits: 82
BLAST Vs. Government of the People’s Republic of Bangladesh and others, 2007, 36 CLC (HCD)
....ot programme for rehabilitation by evicting the slums phase by phase otherwise, the wholesale removal will give rise to multiple problems for the society and the State.” 19. We are in respectful agreement with the aforesaid views. Moreover, in the case of Kalam Vs. Bangladesh reported in 2001 B...... Services Trust and others…….…….Petitioners Vs. Government of the People’s Republic of Bangladesh and others………..Respondents Judgment November 15, 2007. Cases Referred to- State of Maharashtra Vs. Alka B Hingde, AIR 1998 SC 2342; Shiv Sagar Tiwari Vs. Union of Indi...... With the above observations the Rule is disposed of without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (2008) 384, 8 LG (2011) HCD 325...Category: Constitutional Law | Date: | Hits: 171
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two
....ay be persisted in over a long period of time and gradually attain first persuasive and then obligatory force. According to him, a convention may arise much more quickly than this. There may be an agreement among the people concerned to work in a particular way and to adopt a particular rule of......ation. She along with her husband owns and manages the paper in question. What she did, she did independently of her husband as printer and publisher of 'Manabjamin'. It is now well settled that Editor, Printer and Publisher of a newspaper must accept the fullest responsibility for everything tha......s a result, they interpreted the word 'compensation' in Article 31 contrary to the spirit and the intendment of the Constitution and ruled that compensation must represent the price which a willing seller is prepared to accept from a willing buyer. The entire programme of Zamindari abolition suff..Category: Criminal Law | Date: | Hits: 130
National Sports Council Vs. A Latif and Company, 2001, 30 CLC (HCD)
....the Act which has resulted in occasioning failure of justice. He also submits that the Court also erred in law in appointing one arbitrator for each of the parties beyond the terms of the arbitration agreement. In support of his submissions, he cites the decision in the case of Novelty Cinema, Lyall......ion under section 115 of the Code of Civil Procedure against an order dated 19-11-1998 passed by Subordinate Judge 5th Court, Dhaka in Arbitration Miscellaneous Case No. 16 of 1998 by which an arbitrator was appointed by the Court for each of the parties. 2. Opposite party, the contractor, made a......rty made under section 8(2) of the Arbitration Act is rejected. Order of stay granted at the time of issue of the Rule is hereby re-called. Ed. This Case is also Reported in: 53 DLR (2001) 386. ..Category: Alternative Dispute Resolution | Date: | Hits: 186
Anwar Karim and others Vs. Bangladesh Bank and others, 1999, 28 CLC (HCD)
....lity of respondent No. 5 under the borrower code No.9187 is declared to have been made without lawful authority and of no legal effect. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 1. ...... 1999. Judgment Kazi Ebadul Hoque J.- This Rule was issued at the instance of the petitioners, Anwar Karim and Afzal Karim as well as Focus Fashion Limited, calling upon the respondent Nos.1-3 to show cause as to why inclusion of the names of the petitioner Nos.1 and 2 as defaulters in the CI......on 27 Ka inserted by the said amendment provides that notwithstanding anything contained in any other law for the time being in force no director of a borrower company shall be allowed to transfer or sell his shares and resign from the directorship of such company, without the permission of Board of..Category: Banking Law | Date: | Hits: 121
Haji Nurul Islam Vs. Maina Miah and others, 2010, 39 CLC (AD)
....uments and reports for his perusal and decision in accordance with law." 4. Accordingly the matter was considered by the Ministry of Commerce and as the aforesaid two groups could not come to an agreement the Ministry informed the groups that no license can be given to any of the group, vide me......cted by Md. Zahirul Islam, Advocate-on-Record-For the Petitioner. Dr. A. K. M. Ali, Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No.1. Civil Petition for Leave to Appeal No.2165 of 2009. (From the judgment and order dated 24.08.2009 passed by the High Court......rder passed by the High Court Division and hence we do not find any merit in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 620. ..Category: Others | Date: | Hits: 74
Md. Ahia Vs. Md. Azimuddin and others, 2010, 39 CLC (AD)
....iff agreed to purchase the same. The consideration was fixed at Tk. 1,20,000/- and accordingly an agreement was signed on 29.12.1994. The father of the defendant Nos.1 and 2 Md. Shajahan signed the agreement on behalf of the minors for the benefit of the minor and received Tk. 30,000/- as advance ......Asad Hossain Chowdhury, Advocate instructed by Nurul Islam Bhuiya, Advocate-on-Record-For the Petitioner. A. K. M. Shahidul Huq, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 325 of 2009. (From the judgment and order dated 15.04.2008 passed by the High Court...... 2 vide deed No.5572 dated 10.08.1994. As the defendant Nos.1 and 2 were minors so they were possessing the suit land through their father and guardian Shajahan. At one stage that Shajahan decided to sell the suit land for the purpose of sending the defendant No.1 abroad and other benefits of the ..Category: Property Law | Date: | Hits: 25
Abdul Samad Gazi Vs. Abdul Khalil Gazi and others, 2000, 29 CLC (HCD)
....n receipt of the consideration in part, the defendant No.1 executed the bainaptra and handed over to the plaintiff and he accepted it. Acceptance of the said instrument by the plaintiff completed the agreement between the parties, and there was, consequently, in law, a contract in writing. The plain......hairul Haque J Abdul Samad Gazi…………Petitioner Vs. Abdul Khalil Gazi and others.…………………. .Opposite Parties Judgment December 29, 2000. Cases Referred To- Attor Mia and another Vs. Mahmuda Khatun Chowdhury and others 43 DLR (AD) 78; Bouwang Raja Challaphroo......ears 1975 and 1976. This clearly shows that although there were five registered kabalas made by defendant No.1 in favour of the defendant Nos. 3 and 4 on different dates in 1975 and 1976 purported to sell the suit lands to them they appear to be simply paper transactions and were never acted upon. T..Category: Civil Law | Date: | Hits: 94
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