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Government of Bangladesh and another Vs. Monwarul Alam and others, 2011, 40 CLC (AD)
....e rightful owner, she constructed a 2(two) storied building therein by taking loan from the House Building Finance Corporation in Loan Case No. KL/6. Mahmuda Begum dug a pond in the suit land and also planted various trees. Mahmuda Begum entered into an agreement with the plaintiffs to sell the su......to get any relief in the suit and as such, the learned Judge of the High Court Division erred in law in affirming the judgment and decree passed by the appellate Court and, therefore, interference is called for with the impugned judgment and order by granting leave by this Court. 11. Mr. Quamrul......rder dated the 2nd March, 2010 passed by the High Court Division in Civil Revision No.1737 of 1996 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 679. ..Category: Property Law | Date: | Hits: 54
Shaki Md. Shoaib and others Vs. Md. Kashem Ali Bhuiyan and others, 2011, 40 CLC (AD)
....dge, Gazipur for specific performance of contract against defendant-respondent No.1 (hereinafter referred to as the defendant). In the suit the Government of the People's Republic of Bangladesh was also impleaded as defendant No.2 in view of the provisions of President's Order No.142 of 1972. 3......ed the 19th day of July, 2009 passed by the High Court Division, in First Appeal No.278 of 2003). Judgment Md. Abdul Wahhab Miah J. - In this petition for leave to appeal the petitioners have called in question the judgment and decree dated the 19th day of July, 2009 passed by the High Court...... Court Division which shows that he has accepted the decree passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 668. ..Category: Property Law | Date: | Hits: 72
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... Bangladesh Legal Aid and Services Trust (in short BLAST) earlier moved applications as public interest litigation invoking legal rights of the disadvantaged, disabled and marginalized segment of the society and has also preferred the instant writ petition on behalf of the petitioner nos. 2-4 of the......lly and without lawful authority has revised the said lay out plan and converted the car parking area into commercial plots by dividing it into plot nos. 38A, 38B, 38C, 37A, 36A, 35A and 34A and have called for an auction by publishing in the daily Sangbad on 20.04.1999 to lease out plot no. 38A mea......we find no merit in this Rule. In the result the Rule is discharged without any order as to costs. Tariq ul Hakim J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 203. ..Category: Property Law | Date: | Hits: 135
Manjurul Huq Vs. Bangladesh and others, 1991, 20 CLC (HCD)
.... The petitioner Manjurul Huq prays for issuance of Rule Nisi under Article 102(2)(a) of the Constitution calling upon the respondents to show cause why the impugned order bearing Memo No. BADAS/Proshason‑437/91/273 dated 24.1.91 (Annexure‑D) issued under the signature of the Chief Advisor and Di......mably respondent No.4 or 5) who is also an officer of the Bangladesh Diabetic Association. Therefore, the orders or actions of the aforesaid employees of the Bangladesh Diabetic Association cannot be called in question by the petitioner before this Court under Article 102(2) (a) of the Constitution.......0.1.91 when a Sub‑Inspector of Ramna PS would also be present. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 239...Category: Civil Law | Date: | Hits: 56
Rupali Jute Baling Ltd. Vs. Agrani Bank, 1991, 20 CLC (HCD)
....sh credit facilities. This plaintiff, as per banking practice, allowed the cash credit facilities of Taka 175 lacs by creating mortgage of the properties mentioned in the schedule to the plaint and also signing personal guarantee of all the Directors namely, defendant Nos.2 to 7. The plaintiff Bank ......result, this rule in discharged without any order as to cost. The appeal being FAT No.567/1989 is dismissed being barred by limitation. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 232.......defendant that the loan taken by the defendant in 1979‑80 from the Bank could not be paid as during that time there was depression in the jute market. The jute traders during those days suffered a loss and to give relief to the jute traders the Government framed a commission to examine the laws a..Category: Procedural Law | Date: | Hits: 111
.... No.1 instituted the above writ petition challenging the legality of his termination from the Service of Bangladesh Parjatan Corporation while he was serving as Manager, Benapole Parjatan Motel, Jessore. He claims that he has been performing his duty to the satisfaction of his higher authority a.......
4. The High Court Division upon hearing the parties observed:
"We hold the view that this sort of collection is undoubtedly beyond the scope of law and for alleged misappropriation of the so-called charge, the impugned order of termination is also illegal. The petitioner did not deny th......eparation of the Paper book is dispensed with as prayed for.
The order of stay granted earlier be extended till disposal of the appeal.
Ed.
This Case is also Reported in: VIII ADC (2011) 645. ..
Category: Employment/Service Law | Date: | Hits: 109
Zeenat Textile Mills Ltd. Vs. Chairman, Third Labour Court, Dhaka and another, 1991, 20 CLC (HCD)
....Gazipur .................Petitioner Vs. The Chairman, Third Labour Court, Dhaka and another...........................Respondents Judgment October 29, 1991. Result: The Rule is made absolute. Cases Referred to- SH Quddus & others Vs. Chairman; Chittagong & others, 33 DL......d Labour Court, Dhaka in Complaint Case No.25 of 1984 to have been made without lawful authority and the same is of no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 213. ......erha Vs. State of Rajasthan, reported in AIR (SC) 1957 page 30, it was held by the Supreme Court of India: "Taking the definitions of 'dishonestly" in section 24 and "wrongful gain" and "wrongful loss" in section 23 together, a person can be said to have dishonest intention if in taking the prop..Category: Labour and Industrial Law | Date: | Hits: 172
Kudrat‑E‑Elahi Panir and others Vs. Bangladesh, 1991, 20 CLC (HCD)
....asis of adult franchise. Under Article 11 of the Constitution: "The Republic shall be a democracy in which fundamental human rights and freedom and respect for the dignity and worth of the human person shall be guaranteed and in which effective participation by the people through their elected r......cles of the Constitution or its preamble. It is not obligatory on the part of the legislature to mention the reasons for abolition of a system or repealing the connected law nor the reasons can be called in question in Court nor the legislature is bound under any Articles of the Constitution to......nterpretation of the Constitution, particularly, Articles 7(2), 8(2), 9 and 59 read with the first item of Article 152(1) thereof. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 179. ..Category: Constitutional Law | Date: | Hits: 461
Sadharan Bima Corporation Vs. M V Birba and others, 1991, 20 CLC (HCD)
....coming to Chittagong direct the aforesaid vessel, violating the terms of the contract, went to Madras and there it met with an accident. It is alleged that in order to save the vessel, it had to jettison 100 drums of palm oil and then after about 8 months and few days it reached Chittagong. The owne......cessary correction in clause (1) of rule 3 of Order XLIX of the Code of Civil Procedure by inserting clause (b) instead of clause (d). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 171.......cus standi of the present plaintiff to institute the present suit. In that decision their Lordships of the Supreme Court of Pakistan held that in a case of Marine Insurance the Insurer having paid up loss sustained by the assured and being subrogated to the position of the assured is entitled to sue..Category: Admiralty Law or Maritime Law | Date: | Hits: 315
Faisal Mahbub Vs. Bangladesh, 1992, 21 CLC (HCD)
....desh, represented by the Secretary, Ministry of Home Affairs, Secretariat Buildings, Dhaka and others...................Respondents Judgment January 15, 1992. Result: The rule is made absolute. Lawyers Involved: Abdul Malek, Advocate -for the petitioner, AY Salehuzzaman, Deput......Mymensingh District Jail, Mymensingh for compliance through special messenger at the costs and risk of the petitioner, as prayed for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 168. ...... and instigated them and by his direct instigation those women organised “ঝাড়ু মিছিল”on 7.7.91 and attacked the residence of the Attorney‑General and there was apprehension of loss of life and that some sections of women organised “বিক্ষোভ মিছিল”on..Category: Criminal Law | Date: | Hits: 81
Yunus Kha and others Vs. Abdul Momin and others, 2011, 40 CLC (AD)
...., Khayton Bibi and Joynab Bibi. Joynab Bibi died leaving behind her husband Tamijuddin, two daughters, Kulir Ma and Bagir Ma, and sister Khayton Bibi. After that, Khayton Bibi died leaving behind her son Abdul Latif and daughter Potimannessa. Potimannessa became traceless since she fled away, and as......ents, submits that the plaintiffs rectified the defects of parties in the appellate Court and that the defendants miserably failed to prove the alleged auction sale and as such no interference is called for. 12. Admittedly, the trial Court dismissed the suit only on the issue of defect of par......ation of materials on record do not call for interference. Accordingly the civil petition for leave to appeal is dismissed summarily. Ed. This Case is also Reported in: VIII ADC (2011) 613. ..Category: Property Law | Date: | Hits: 73
Modares Miah Vs. The Chairman, 1st Labour Court and another, 1991, 20 CLC (HCD)
.... Chowdhury J Modares Miah ...........Petitioner Vs. The Chairman, 1st Labour Court and another..................Respondents Judgment December 17, 1991. Result: The rule is made absolute. Lawyers Involved: Waliul Islam, Advocate ‑ For the Petitioner. No one ‑ For the......sentee" i.e. a stigma has been attached which calls for giving reasonable opportunity to the petitioner to defend himself In case of dismissal of an incumbent from service, the authority concerned is called upon to draw up a full dress disciplinary proceedings in accordance with the service rules. ......legal effect and the petitioner be re‑instated at once. In the result, the rule is made absolute, without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 165. ..Category: Labour and Industrial Law | Date: | Hits: 148
Abul Hashem Master Vs. State, 1991, 20 CLC (HCD)
....d by the Subordinate Judge and Special Tribunal No.1 convicting the accused‑appellant under section 19A of the Arms Act read with Special Powers Act, 1974 and sentencing him to suffer rigorous imprisonment for seven years. 2. The prosecution case in brief was, that on 28.7.84 during investigati......y cigarette for selling a tape‑recorder and appellant Hashem Master fined him Taka 1,000.00 for this act of his violence. He has stated that he was sitting in a tea‑stall at the bazar when he was called by P.W.1. He has stated that Moyzuddin was also present when the recovery of the pipe‑gun w......der section 19A(F) of the Arms Act. He be acquitted of the charge. Let him be set at liberty if not required in any other connection. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 159. ..Category: Criminal Law | Date: | Hits: 85
Government of Bangladesh Vs. Syndicate Limited, 1998, 17 CLC (HCD)
.... same and was entitled to payment of the bill for the extra work. The arbitrator further found that there was no condition in the contract/tender for deduction of VAT from the contractor’s bill and so directed for refund of the amount deducted on account of VAT. But payment having been refused by ......he award of the arbitrator Rule of the Court. 2. Opposite party Chowdhury Syndicate Limited is a private limited Company engaged in construction work on contract under the Government. A tender was called for construction of a 200 foot long bailey bridge over Chandankhali river within Chittagong d......e of the court. We find no merit in this revisional application. The Rule is, accordingly, discharged without any order as to coats. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 330...Category: Alternative Dispute Resolution | Date: | Hits: 147
Pubali Bank Ltd. Vs. Sultana Oil Mills and Soap Factory and others, 1998, 17 CLC (HCD)
....gage Suit No.73 of 1983. 2. This appeal arises out of the facts, in short, that the plaintiff-Bank filed the Mortgage Suit against the defendants-respondents stating, inter alia, that, its predecessor, the Eastern Mercantile Bank Limited, granted cash credit facilities of taka five lac to the def......der as to costs. The judgment and decree passed by the trial Court is hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 323. ......cal police station. That the bank was not dutiful and vigilant to protect those valuable goods and materials of the defendants under its (plaintiffs) custody and for that the defendants suffered huge loss, that plaintiff has not accounted for the same and that the suit is liable to be dismissed. ..Category: Business or Commercial Law | Date: | Hits: 196
Khorshed (Md.) alias Khorshed Vs. State, 1999, 18 CLC (HCD)
....ocate — For the Appellant. AKM Zahirul Haque, Assistant Attorney-General — For the State. Criminal Appeal No.538 of 1995. Judgment Md. Hamidul Haque J.- This appeal at the instance of sole convict appellant Khorshed is directed against the judgment order of conviction and sentence pa......W.3 is the younger brother of victim Sufia Khatun. He stated that on 8-5-87 his elder sister Sufia and brother-in-law Firoz Mia came to their house at about 5-00/6-00 PM and accused Khorshed was then called because an amount of Taka 1,200.00 was stolen by the accused Khorshed from the house of the i......ppeal is dismissed. The judgment, order of conviction and sentence appealed against are confirmed. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 317...Category: Criminal Law | Date: | Hits: 54
....r dated 17-6-98 (Annexure-B) of the respondent No.2 should not be declared to have been made without lawful authority and is of no legal effect. And in Writ Petition No.1927 of 1998 a Rule Nisi was also issued upon the respondents as to why the impugned order dated 1-6-98 (Annexure-B) of respondent ......or has also stated that vested rights can arise from contracts, from statutes and from operation of law and he narrates the provision laid down in several cases. But here, in the instant case, we are called upon to decide the question within the narrow compass as to the curtailment of the right accr......rd appreciation for the arguments advanced by Mr. Razzaque.
For the aforesaid discussion, the Rule is discharged but with no costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 313...
Category: Civil Law | Date: | Hits: 83
Hosna Jahan (Munna) Vs. Md. Shajahan (Shaju) and others, 1998, 17 CLC (HCD)
....e wedding. Accordingly, Faiz Ahmed (opposite party No.5) came and took his sister-in-law Jahan to her father’s house on 1-11-95. 5. Opposite Party Nos.2-5 confined Jahan and pressurised her to disown the marriage. She was even corporally punished. A few days thereafter the husband sent one of h...... doubt heart-rending and painful but I am not embarking upon any discussion as to the truth or falsity of the assertions of either of the parties. The only and the limited question that this court is called upon to decide is whether the family court has committed any error of law resulting in an err......ccordingly, this application is rejected. The Family Court is directed to dispose of the suit on merit without any further adjournment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 295...Category: Family Law | Date: | Hits: 166
Chan Mia (Md.) Vs. Rupnahar, 1998, 17 CLC (HCD)
....er in his written statement denied all the material allegations made in the plaint contending further that never there had been any valid marriage between the parties; alleged marriage had never been solemnised by anybody in presence of witnesses as required under the provision of Mohammedan Law and......he having refused defendant’s brother and sister threw her out of the house sometime in the middle of Sraban 1400 BS and since then she has been living with her poor father. 7. Plaintiffs father called on the defendant more than once and requested him to take her back or in the least to pay for......d that the impugned judgment and decree suffer from any illegality or error of law. The application is therefore summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 292. ..Category: Family Law | Date: | Hits: 166
Shamsuddin Ahmed and others Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....d described in the schedule to the plaint and for a further declaration that the order passed in Mutation Case No.96/81‑82 is illegal, collusive and not binding upon the plaintiff petitioners and also for a direction to the defendants to hand over possession of the suit land to the plaintiffs. The...... are collusive ones and not according to the provisions of law. 3. The suit was ultimately fixed for peremptory hearing on 28.7.92 on which date both the parties filed hazira but when the suit was called on for hearing, the learned GP was found absent and then the learned Subordinate Judge took u......lier granted by this Court and extended from time to time is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 675. ..Category: Property Law | Date: | Hits: 68
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