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Shadesh Chandra Saha Vs. State, 1995, 24 CLC (HCD)
....ule and non‑schedule offences and this Court taking contrary view had summarily rejected the said applications of the said accused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 206. ...... 94, framing charge against the petitioner Sadesh Chandra Shaha alias Kala alias Kablyya under section 4 of the Anti-Terrorism Act and section 365 of the Penal Code. 2. The short fact as unfolded for the prosecution is, that on7.6.1994 at about 6-30 PM the accused petitioner along with others ki......made with the local Police Station telling about kidnapping of his son. On 9.6.94 repeated phone calls were made to the informant, demanding Taka 5 (five) lac as ransom, to free the victim and if the money was not paid the accused threatened that the victim would be killed. On 12.6.94 at night said ..Category: Criminal Law | Date: | Hits: 133
Jalaluddin Bhuiyan Vs. Abdur Rouf and others, 1997, 26 CLC (HCD)
....f a particular witness whose statement was recorded by him. In the instant case the Investigating Officer has submitted final report with respect to the present opposite parties Nos.1 as because they claimed that on the date of occurrence they were at Chittagong and transacted business at Son Bank, ...... Motion No.10 of 1996 should not be set aside or such other or further order or orders passed as to this Court may deem fit and proper. 2. President petitioner Jalaluddin Bhaiyan lodged an First Information Report at Kashba Police Sithon on 19-10-95 naming 86 accused persons including the 4 oppos...... petition which in the eye of law is a petition of complaint and then pass necessary order. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 408. ..Category: Criminal Law | Date: | Hits: 143
Chand Mian (Md.) Vs. Khodeza Bibi and others, 1989, 18 CLC (HCD)
....f the appellate Court below are set aside and those of the trial Court are restored. Let the L.C. records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 344.......er. 2. Briefly stated the case of the plaintiff-petitioner is that the suit land belonged to defendant Nos. 1-4. The plaintiff and the defendants entered into an unregistered bainapatra on 11.4.77 for the sale of the suit land for a total consideration of Tk. 7000/- out of which the plaintiff-pet......7 for the sale of the suit land for a total consideration of Tk. 7000/- out of which the plaintiff-petitioner paid Tk. 6500/-on execution of the bainapatra, promising to pay the balance consideration money of Tk. 500/- to the defendants within two years after which the defendants promised to execu..Category: Property Law | Date: | Hits: 133
Sultana Jute Mills Ltd. Vs. Chairman, Labour Court, Chittagong and others, 1989, 18 CLC (HCD)
....hout any order as to cost and the impugned order is declared to have been passed without lawful authority and it has no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 340.......ddenly stopped the work of the Mill with effect from 6 A.M. of 26.5.86 by a notification dated 25.5.86 on the plea of stoppage of power supply by WAPDA. Subsequently the petitioner declared lay-off for indefinite period by notification dated 27.7.86 and that the notification of stoppage of wor......the word "or" separately. 12. Mr. Karim cited the case of Zamiruddin Vs. Havas Khan reported in 21 DLR (SC) 39 in which the Pakistan Supreme Court in interpreting the words "suit for recovery of money due on contracts, receipts or other documents" occurring in section B of Part I of the sch..Category: Labour and Industrial Law | Date: | Hits: 193
Lal Banoo and others Vs. Md. Yasin Abdul Aziz and others, 1989, 18 CLC (HCD)
....owdhury, Subordinate Judge, 1st Court, Dhaka on 16.5.67 in Title Suit No.153 of 1964. 2. In this suit plaintiffs 1-30 as heirs of original owner Faloo's two daughters Joytonnessa and Anwara Bibi claimed 1/3rd share in the suit property. According to the plaintiffs C.S, plot No.545 measuring .......anj, District Dhaka belonged to Faloo alias Sk. Faloo as Jote Faloo (রায়াতিস্বত্বে স্থিতিবান) =occupancy raiyat. Faloo had 16 annas raiyaty right in the aforessid plots of the said two Khatians. While he was owning and possessing the aforesaid lands in a......ase No.92 of 1963-64 for WAPDA Project. The plaintiffs learnt on 27.11.64 that the defendants have surreptitiously got the award prepared in their names and are trying to get all the compensation money for the acquired plots of land fraudulently suppressing the fact that the plaintiffs are also ..Category: Property Law | Date: | Hits: 135
Abul Kalam Azad & another Vs. Muslema Khatun (Mst.), 1989, 18 CLC (HCD)
....ntiff opposite party as the wife of late Abdus Sobhan. They assert that Abdus Sobhan had divorced her. But the defendant petitioners could not show any Talaknama before the court in support of such claim. The learned Subordinate Judge considered the material papers filed by the parties in suppor......iff—opposite party, Muslima Khatun on coming to know about the said decree, filed a suit being Title Suit No.147 of 1988 in the Court of Subordinate Judge, Second Court, Sylhet which is now pending for setting aside the decree in the aforesaid T.S. No.206 of 1970. The plaintiff opposite party al......arned Subordinate Judge, Second Court, Sylhet be directed to dispose of the Title Suit No.147 of 1988 as expeditiously as possible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 332. ..Category: Civil Law | Date: | Hits: 205
Marine Oil Broking Company Pte Ltd. Vs. MV Daizu Maru & others, 2002, 31 CLC (HCD)
....1997 praying for the decree as mentioned above with a further prayer for arrest of the vessel, which was also allowed. In due course the said vessel was released on furnishing bank guarantee on the claimed amount of Taka 35,35,33,519.64 by an order of this Court passed on 5th February, 1997. 3.......e Plaintiff. SK Siddique, with Al‑Amin Sarkar, Advocates—For the Defendants. Admiralty Suit No.5 of 1997. Judgment ABM Khairul Haque J.-This Admiralty Suit has been instituted praying for a decree for an amount of US $ 84,131.63 equivalent to Taka 35,33,519.64, against the principal ......intiff chartered the ship 'Silia’ under a time charter from its owner Birkdale Shipping Co. Ltd. (Birkdale) but subsequently, a dispute arose between them and an arbitration award for a huge sum of money was given in favour of Pumice. In the meantime, in another action for supplying stores to the ..Category: Admiralty Law or Maritime Law | Date: | Hits: 394
Bhawal Raj Estate Court of Wards Vs. Rajdhani Unnayan Kartripakkha and another, 1998, 27 CLC (HCD)
....he result, the Rule is discharged but without any order as to costs. Consequently the injunction granted by this Court is also vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 462.......nshi and others should not be declared to have been made without lawful authority and of no legal effect and why the respondent No.1, RAJUK should not be directed to cancel the plan approved, if any, for construction of building over 13 acres excess unused acquired land and why respondent No.1 be no......ed before us a decree passed in title suit No.75 of 1967 and placing reliance on the judgment of the civil Court at pages 85 to 91 of the affidavit submits that the question of receiving compensation money has been settled by the decree of the Court against the present petitioner. On reference to th..Category: Property Law | Date: | Hits: 248
Anuj Choudhury & others Vs. Sailendra Kishore Chowdhury and others, 1998, 27 CLC (HCD)
....dered ineffective by way of owning, possessing and selling to different persons by the legal heirs obtaining proportionate share. 3. The petitioner Nos.3-6 also filed written objection denying the claim of the executor in the Probate Miscellaneous Case for Letters of Administration and challenged...... an order passed by District Judge, Noakhali on 25-3-95 in Probate Miscellaneous Case No.38 of 1993 rejecting an application refusing to summon transferees to produce documents. 2. The short facts for the purpose of disposal of the Rule are that, the opposite party No.1 being petitioner institute......is discharged as being incompetent without any order as to costs. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 460...Category: Property Law | Date: | Hits: 106
Abdul Karim Vs. Bangladesh, 1998, 27 CLC (HCD)
....ld have filed a suit for declaration of title and should make the prayer for permanent injunction. 8. Both parties led their respective evidence. 9. Trial Court decreed the suit believing claim of settlement of the plaintiffs on the basis of Exts.1-1(a). Defendants admit settlement made ......torney-General — For the Opposite Party. Civil Revision No.2199 of 1990. Judgment Abu Sayeed Ahammed J.- This Rule issued at the instance of the plaintiff in Title Suit 80 of 1988 for permanent injunction. 2. Trial Court decreed the suit by its judgment dated 22-11-88. The ......charged. In the result, the Rule is discharged with cost, the suit is dismissed. Send down the records of the courts below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 447...Category: Property Law | Date: | Hits: 103
Muslim Ali (Md.) Vs. Dhaka Bar Association and others, 1998, 27 CLC (HCD)
....n as quickly as possible. For the aforesaid reasons and with the aforesaid observation I reject this petition in limine. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 446. ......rit Petition No. 1448 of 1998. Judgment AM Mahmudur Rahman J.- The petitioner is an Advocate and was a member of the Dhaka Bar Association. He suspended his practice as an Advocate with prior information to the Bangladesh Bar Council when he got a Government job. While in service he made some ......n his case. Matter did not rest there; he went before the Bar Council to vindicate his right. The Bar Council directed him first that he should be a member of the Dhaka Bar Association and to deposit money which is necessary for giving certificate of enrollment as an Advocate. He states that the Bar..Category: Others | Date: | Hits: 143
Anwar Hossain Vs. Momtaz Begum, 1999, 18 CLC (HCD)
....ify that she was married with the petitioner. There is not a single witness to say as to what are the terms of the marriage and what amount was fixed as dower. In the pleadings the opposite party has claimed Taka 25,000.00 as prompt dower but in her examination-in-chief she has put the amount of the......ming the judgment and decree dated 7-9-1995 and 13-9-1995 respectively passed by the Senior Assistant Judge, Mohanganj, Netrakona in Family Suit No.14 of 1994 decreeing the suit. 2. Facts relevant for disposal of the Rule, in short, are that the opposite party as plaintiff instituted the above me......5,000.00 and her maintenance at the rate of Taka 500.00 per month on the assertions that she was married with the defendant 5 years ago in accordance with the Muslim Sharia Law upon fixation of dower money at Taka 50,000 out of which Taka 10,000.00 was deducted and adjusted as the value of Ornaments..Category: Family Law | Date: | Hits: 230
Uttara Jute Fibres Industries and another Vs. Ashraf Jute Mills Ltd., 1992, 21 CLC (HCD)
.... 13.12.89 informed the Rupali Bank that if the assets and properties of the borrowers is sold at a price exceeding the dues of the BSRS then the question of distribution of the excess amount to other claimants would arise; that in pursuance of the said second sale notice only one tender was received...... Ltd., 28 DLR (AD) 70 . Lawyers Involved: S R Pal with T Islam and AKM Nazrul Islam, Advocates- For the Appellant (In Appeal No. 13 of 1991). Rafiq-ul-Huq with Md. Fazlul Houque, Advocates- for the Appellant (In Appeal No.12 of 1993). Khondoker Mahbuddin Ahmed with AQM Fazlul Huq Khan, ...... and the purchaser Uttara Jute Fibres to deliver possession of all movable and immovable properties of Ashraf Jute Mills to the Official Liquidator, with a further direction to BSRS to refund the bid money to the purchaser, on the finding, inter alia, that the provisions of section 171 read with sec..Category: Company Law | Date: | Hits: 317
Sarwarjan Bhuiyan and others Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
.... their predecessor was recorded in CS Khatians in respect of Plot No.681 and declared in respect of Plot Nos.677 and 680 in Title Suit No.32 of 1950 and LA Collector also admitted their predecessor's claim to compensation by correcting the awards. 5. Mr. Khondker Mahbubuddin Ahmed, learned A......d others………………..…………...Petitioners. Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Land Administration & Land Reforms, Bangladesh Secretariat, Dhaka and others ………………………………Respondents. ......itioners. In the result, the Rule is discharged without any order as to costs. The application for fresh Rule is rejected. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 447. ..Category: Property Law | Date: | Hits: 121
Shahadat Hossain Vs. Executive Engineer, City PWD Division, Dhaka and others, 1992, 21 CLC (HCD)
....pondent No.4 Secretary, Ministry of Works. He also met Minister‑in‑Charge of the Ministry of Works with an application resisting the proposal for leasing out cafeteria to Parjatan Corporation and claiming lease in his favour. This application is Annexure 'B' to the petition. This Annexure‑B is......1 and 12 of the tender notices would be relevant. The term 8 is as: ‘‘After the security deposit and the royalty as at Sl. Nos. 6 & 7 above are paid the party shall execute a lease deed for a period of 2 years commencing from the date of the possession of the premises." The term ......the tender." The term 11 is: "Non‑fullfilment of obligations envisaged in clauses (6), (7) and, (9) shall lead to cancellation of the offer automatically without notice and the earnest money of Tk. 5,000.00 shall be forfeited to the Government" The last term 12 is: ‘‘T..Category: Property Law | Date: | Hits: 133
Rahima Begum Vs. Md. Abdul Baten, 1990, 19 CLC (HCD)
....plicant that the transferee has derived any income from the disputed property. So no necessity arises for determination by the authorised officer of the net income. But the transferee appears to have claimed that the consideration money was paid on different dates in the year 1973, although the appl......11 acres in area upon which stood a tin‑shed and a kitchen, bearing Plot No.273 appertaining to khatian No.326 of mouza Kaoraid under PS Sreepur which the applicant Abdul Baten purchased on 13.6.70 for a consideration of Tk. 2000.00. Abdul Baten sold the homestead to the petitioner Rahima Begum by......ntitled to have his alienated land in question restored as per provisions of the said Ordinance. There is, however, no direction in the order as to the re‑payment of the amount of the consideration money as provided in section 4(2)(b) thereof. It is against this appellate judgment and order that R..Category: Property Law | Date: | Hits: 110
Abu Taher Miah Vs. Farazuddin Sarker and others, 1989, 18 CLC (HCD)
....Hoque J.- In this Rule Nisi issued under Article 102 of the Constitution of the People's Republic of Bangladesh the respondents were asked to show cause as to under what authority the respondent No.1 claims to hold the office of Chairman of No.10, Rakhalbruz Union Parishad, Upazila Gobindaganj, Dist......t No.1 as Chairman of the said union parishad in this Writ of quo-warranto alleging, inter alia, that election of Chairman of the said union parishad was held on 10.2.88. There were 7 contestants for the said post including the respondent No.1. On 10.1.88 the contestants filed their nomination......im submits that the plaint of the suit (Annexure D to the writ petition) clearly shows that on 10.1.88 the respondent No.1 was a defaulter-loanee. For realisation of the loan in default the aforesaid money suit was filed against the respondent No.1. He has referred to Annexure B to the affidavit-in-..Category: Election Law | Date: | Hits: 216
.... 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.......ner is a Subject Matter Officer, Upazila Krishi Office, Habiganj in the Ministry of Agriculture, Government of Bangladesh in the New National Scale of Pay of Tk. 750-1470/-. He filed an application before the Administrative Tribunal under section 4 of the Administrative Tribunals Act, 1980 (Act No. ......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
Chittagong Port Authority Vs. Hong Kong Shipping Lines & others, 1989, 18 CLC (HCD)
....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 realisation of ......y Vs. Md. Ishaque and others, 35 DLR (AD) 364. Lawyers Involved: M. Fazlul Karim, Advocate - For the appellant. P. Bhattacharya, Advocate - For the respondents Nos.1 & 2. Mokbul Ahmed for Mozammel Huq, Advocate - For the respondent No.3. Appeal from Appellate Decree No.174 of 1970......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
....ice of notice under Section 6 and 7 (aa) of the Ordinance. It is further stated that the deed of agreement with the respondent No.3 was signed by the Deputy Commissioner, Mymensingh on 21.3.85. It is claimed that the notice under section 3 was duly served on the spot and that the property has been a...... Involved:
Abdur Rashid, Advocate - For the Petitioner.
Fakhrul Islam, Assistant Attorney General with G.A. Mannan, Assistant Attorney General, Advocates - For Respondent No.2.
Fida M. Kamal for Habibul Islam-Bhuiyan, Advocate - For Respondent No.3.
Writ Petition No. 179 of 1986.
Judg......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
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