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Md. Monjur Murshed Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....discharged but without any order as to cost. Md. Mamtaz Uddin Ahmed J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 699, 17 BLT (HCD) 2009, 575; 15 MLR (HCD) (2010) 296. ......oan scheme-2008 for the executives as explained in Annexure-1, he further submits that each of the Senior Executives, starting from the level of Assistant General Manager and upwards, are entitled to full-time car facilities. Such car facilities include depreciation on the car, all kinds of taxes, f...... the Board of Directors of the Agrani Bank Limited, in its 86th Board meeting held on 4.2.2009, approved the car loan facilities for the executives of the bank having the rank of Assistant General Manager (AGM) and upwards. 3. The petitioner is an advocate of the Supreme Court. It is stated in th..Category: Banking Law | Date: | Hits: 205
Chairman, Chittagong Port Authority Vs. Safiuddin and others, 2010, 39 CLC (AD)
....ived at by the High Court Division is an accordance with law and no interference is called for. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 931....... (a) "In course of the hearing of this rule, the learned Advocate for the petitioner has placed before us the entire order sheet of the suit. It appeared from the order sheet that the defendants had full knowledge about the institution of the suit and they filed written statement as back as on 17th......ived at by the High Court Division is an accordance with law and no interference is called for. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 931...Category: Civil Law | Date: | Hits: 63
Md. Sharif Hossain Vs. Md. Abdul Jalil and another, 2009, 38 CLC (HCD)
....Rule is discharged without any order as to cost. Let a copy of the judgment along with lower Court’s record be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 744....... to sale out the suit-property for want of cash-money and thereupon, he requested the plaintiff to purchase the suit-property but the plaintiff refused to purchase the same and thereafter, within the full knowledge of the plaintiff the value of the suit property was fixed at Tk.50,000/- and upon rec......Rule is discharged without any order as to cost. Let a copy of the judgment along with lower Court’s record be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 744...Category: Property Law | Date: | Hits: 39
Alauddin Vs. State, 1999, 28 CLC (HCD)
....not on consideration of the report of investigation officer. Communicate the order to the Tribunal. Stay granted earlier stands vacated. Ed. This Case is also Reported in: 54 DLR (2002) 564. ......not on consideration of the report of investigation officer. Communicate the order to the Tribunal. Stay granted earlier stands vacated. Ed. This Case is also Reported in: 54 DLR (2002) 564. ......er investigation, police submitted charge-sheet under sections 366/379 of the Penal Code and as such, the case was being tried by Additional District Magistrate, while the trial was going on at one stage, an application was filed on behalf of the prosecution for sending the case record to the Senior..Category: Criminal Law | Date: | Hits: 29
Md. Torab Ali Vs. Bangladesh Textile Mills Corporation & another, 1989, 18 CLC (HCD)
....pondents still prefer to differ from the enquiry officer. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 138.......e of the petitioner but the petitioner declined to cross-examine him. The copy of the enquiry report is Annexure X to the affidavit-in-opposition. It is submitted that the petitioner was afforded full opportunity to defend himself and the appointing authority having found that the petitioner's...... of Tangail Cotton Mills Ltd., who abstained from their duties for a continuous period of 3 months from 25th March to 3rd December, 1971 without checking their actual attendance and sent the list to Wages Department for payment in violation of Government guidelines contained in Bangladesh Textil..Category: Employment/Service Law | Date: | Hits: 73
Amar Kumar Nag @ Ratu Nag Vs. State, 1989, 18 CLC (HCD)
....ismissed with the conviction and sentence altered as above. Communicate the result to the court below and send the records expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 134. ......ismissed with the conviction and sentence altered as above. Communicate the result to the court below and send the records expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 134. ......o why he had stolen and sold the rubbish of the building already purchased by him. Because of this challenge there ensued an altercation when during the exchange of hot words the accused at one stage gave the complainant a blow on his face which caused immediate removal of two teeth of his upper..Category: Criminal Law | Date: | Hits: 35
Trading Corporation of Bangladesh Vs. MV Corina & others, 1988, 17 CLC (HCD)
....The compliance of service is to be filed within two weeks thereafter. The plaint be returned to the learned Advocate of the plaintiff. Ed. This Case is also Reported in: 41 DLR (1989) 127 ......ntiff petitioned to this Court under Order 38 Rule 5 of the Code of Civil Procedure for arrest of the defendant No. 1 Vessel M.V. CORINA wherein it stated that although it has received the cargo in full but as the guarantee was going to be encashed the plaintiff would suffer loss of the entire amo......Court of Bangladesh for U.S. # 5,80,000.00 equivalent to Taka 1,91,40,000.00 against the principal defendants on the allegations that it suffered loss to the tune of the said amount in furnishing salvage security and a general average guarantee for the said amount for salvage and/or towage of the ..Category: Admiralty Law or Maritime Law | Date: | Hits: 175
Moslemuddin Dhali & others Vs. Helaluddin Dhali & others, 1988, 17 CLC (HCD)
....abuse of the process of any Court and no case of securing the ends of justice have been made out. In the result, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (1989) 120. ...... were in possession thereof. They prayed that the matter be heard on that very day, i.e. on 30.3.87 not only to cancel the interlocutory order, but also to cancel the entire preliminary order after a full hearing. 8. The hearing did not take place on 30.3.87, but the Chief Metropolitan Magistrate......vations of Hamoodur Rahman, J. (as his Lordship then was) in his celebrated judgment in the case of Malik Manzoor Elahi Vs. Lala Bishambar Dass and another, 16 DLR (SC) 246 as follows :- "The language of the sub-section (sub-section (5) of section 145 Cr. P.C.) is clear and it leaves no room fo..Category: Criminal Law | Date: | Hits: 32
....titioner for him to apply for leave before the Appellate Division the order of this court is stayed for a period of 2 (two) months from date.
Ed.
This Case is also Reported in: 41 DLR (1989) 103....... rent within the following month he shall be liable to ejectment and no plea, whatsoever shall be maintainable in any court of law or elsewhere.
9. This agreement of lease appears to be very carefully drafted and signed by the respective parties in presence of two witnesses on a Tk.3/- non judi......onditions are fulfilled by the tenant he gets the protection otherwise he becomes a defaulter and the protection from ejectment, granted by the Ordinance is clearly taken away by the expressed language of sub-section 5 of section 18 of the Premises Rent Control Ordinance.
17. In the case of P.K..
Category: Property Law | Date: | Hits: 28
Md. Mokbul Hossain Vs. Md. Umar Ali and others, 2009, 38 CLC (HCD)
....at liberty to withdraw the money suit, so, deposited along with the compensation. Send down the lower courts record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 727. ......ction 134 of the Evidence Act even on the testimony of the solitary witness judgment can be passed provided his credibility is not shaken but in this case, it is on evidence that the preemptor is the full brother of the seller, resides in the same house, and visited the house within 7 days after exe......le in law due to non consideration of the material evidence on record. It would be evident from the cross examination made by the pre-emptee as to knowledge the P.W.1 admitted that he visited his village home frequently and at first he visited the house after 7 days of the execution of the deed, so ..Category: Property Law | Date: | Hits: 36
Shah Alam (Md.) Vs. Abdul Hashem Bepari and others, 2000, 29 CLC (HCD)
....intiff shall be at liberty to get the decree executed through the Court in accordance with law. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 550.......gned decision occasioning failure of justice. The learned Advocate further submits that in view of the proved fact that he paid to defendant No.1 Taka 50,000 as back as in 1983 and the latter enjoyed full benefit of the money, the value of money has fallen many times in the course of the last 17 yea......ed the disputed bainapatra for making illegal gains. The signatures of defendant No.1 in bainapatra dated 30-3-83, marked Exhibit 1, is thus an admitted fact. The contesting defendant had not the courage to deny it signature in Exhibit 1. The learned Subordinate Judge on detailed discussion and cons..Category: Civil Law | Date: | Hits: 81
Solaiman (Md.) and others Vs. Md. Mosharaf Hossain Khan and others, 2002, 31 CLC (HCD)
....heir service book. A copy of this judgment be sent to the Secretary, Ministry of Sport and Ministry of Establishment for necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 531.......001 and the first meeting of the executive committee was held on 9-8-2001. The allegation of the petitioner is that after receipt of the Rule and the injunction order the contemner respondents by willfully disregarding and violating the court’s order dated 16th of July, 2001 published the final re...... others............Respondent Contemners Judgment February 3, 2002. Cases Referred To- Shahabuddin vs. Bangladesh 1992 BLD 596 = 45 DLR 360; 47 CWN 186; 1960 PLR West Pakistan) Vol 11 page 751; AIR 1992 (SC) 1439; Md. Abdul Quddus vs. Md. Mustafa Hossain 1992 BLD 60; DLR 1955 Lah 3; A..Category: Civil Law | Date: | Hits: 70
....reparation of paper books is dispensed with as prayed for.
The order of stay granted earlier is extended till disposal of the appeal.
Ed.
This Case is also Reported in: VII ADC (2010) 857.
...... short, are that the respondent No.1 is a businessman and the owner of the above mentioned landed property. The said land is situated in the vicinity of the Dhaka-Chittagong Highway. With a view to full filing the widely growing demands of people, he decided to set up a CNG Filling Station on the ......e various authorities concerned, gas connection may be provided in his CNG Filling Station. Moreover, vide a Memo dated 13.05.2008 another Engineer namely Khandakar Motiur Rahman (Deputy General Manager Sales) Bakhrabad Gas Systems Ltd. (BGSC) issued a certificate that the authority has no objecti..
Category: Others | Date: | Hits: 82
....f this Court directs the respondent in that regard. It is accordingly, ordered. The short order is treated as part of this judgment.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 523.
......the High Court Division, they agreed leaving behind their practice and good name in the profession.
32. After appointment they rendered their service most honestly, sincerely and diligently to the full satisfaction of the Chief Justice and others. They disposed of many cases. The judgments delive...... Sarker vs. Bangladesh 1994 BLD (AD) 64 = 46 DLR (AD) 37; Secretary, Ministry of Finance vs. Masdar Hossain 52 DLR (AD) 82; Bangladesh Soya Protein Project Ltd. vs. Secretary, Ministry of Disaster Management and Relief 6 BLC 681; Chairman, Bangladesh Textile Mills Ltd. vs. Nasir Hossain Chowdhury 7 ..
Category: Constitutional Law | Date: | Hits: 252
....s of the case and the terms of the decree we do not find any merit in this leave petition.
Accordingly the leave petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 819.......k Limited as this amount is increasing day by day. Money Execution Case No. 3 of 1999 and Title Execution Case No.51 of 1992 which are pending in Artha Rin Adalat No.2, Dhaka should be disposed of on full satisfaction after making necessary note of this fact of deduction of the decreetal amount ......ree-holder plaintiff Bank of Title Suit No. 219 of 1987 filed Title Execution Case No.51 of 1992 for realization of the decretal amount and in that title execution case notice for auction of the mortgaged property was published on 10.8.2007 and at that stage the judgment-debtor Sufia Re-Rolling &..
Category: Civil Law | Date: | Hits: 75
Rabeya Khatun Vs. Sheikh Ashraful Islam and others, 2009, 38 CLC (AD)
.... above, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 815. ...... their vendors were not legally proved and marked as exhibits and having allowed the appeal, that the plaintiff Title Suit No.811 of 1969 was filed for kabala against Narayan Chandra having died, his full brother Ramesh Chandra was substituted as defendant and that suit having been decreed ex part...... dated the 2nd day of August, 2007 passed by the High Court Division in Civil Revision No.5865 of 2002 filed against the judgment and decree dated 08.08.2002 passed by the Additional District Judge, Bagerhat in Title Appeal No.165 of 1993 reversing those dated 21.06.1993 passed by the Assistant Judg..Category: Property Law | Date: | Hits: 33
Ismail Miah Vs. Bangladesh and others, 2009, 38 CLC (AD)
.... the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 811....... the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 811.......inance, 1982 (Ordinance No.II of 1982). The petitioners collected and confirmed with the respondents No.9 that the total 6(six) deeds of sale and purchase with similar description and similar advantages have been examined and calculated by the respondents in assessing the award as being Deed No...Category: Property Law | Date: | Hits: 25
Rahmatullah (Md.) and others Vs. Sabana Islam and others, 2002, 31 CLC (HCD)
.... (3) if she is leading an immoral life, as where she is a prostitute. or (4) if she neglects to take proper care of the child. The rule, which is of tradition, is based on the reason that if a woman marries a man not closely related to the child, the child may not be treated kindly. Where the......f her minor daughter, Mahmuda Islam Jhinuk in respect of both person and property. In the application, it is stated that her late husband Md. Zahirul Islam was the owner in possession of the property fully described in the schedule ‘Ka’ and ‘Kha’ to the application. During his lifetime, he b......din, learned Advocate submits that having failed to face the torture of the petitioners, the mother had to marry for the second time only for security and safety of the minor and herself. Second marriage in such circumstances, would not disentitle her right of custody. The Courts therefore did not c..Category: Family Law | Date: | Hits: 179
Madinullah Miah Vs. Md. Abdul Mannan & another, 2001, 30 CLC (HCD)
....reby set aside. The Miscellaneous Case No. 4 of 1997 of the Assistant Court, Hatia, Noakhali is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 507......., then it is incumbent upon the appellate Court to do so. In such a case the appellate Court cannot remand the case to the trial Court for disposal. He submits that, at the trial both the parties had full opportunities to adduce evidence and present their respective case. The learned Assistant Judge......…………….Petitioner Vs. Md. Abdul Mannan & another…………………………….Respondents Judgment November 28, 2001. Cases Referred- Promotha Nath Mazumdar vs. Nagendra Nath Mazumdar 33 CWN 1211; Abdus Samad and others vs. Md. Sohrab and others, 1981 BLD (AD) 7..Category: Property Law | Date: | Hits: 37
Kalu Sheikh alias Sheikh and Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)
.... her LTI. In cross-examination PW 1 stated that her son went to see pulse at 10-00 AM. Shepherd of the buffaloes brought men from home and assaulted her son. She admitted herself as a short—sighted woman and that she lodged the ejahar on hearing names from other persons. She further stated that in...... of the charge brought against them and they are hereby discharged from their respective bail bond. Send down the lower court immediately. Ed. This Case is also Reported in: 54 DLR (2002) 502.......”. 3. Swelling on left lateral surface of wall. 4. Multiple abrasion marks on chest abdomen in different size. 5. Echymosis on left maxilang & temporal region: Sub conjunctional hemorrhage on left eye. PW 6 stated that in his opinion death was due to shock and hemorrhage caused by ..Category: Criminal Law | Date: | Hits: 30
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