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Abdul Kashem and another Vs. Bangladesh, 1994, 23 CLC (HCD)
.... before the appropriate Customs Officer. In the premises discussed above, the Rules are discharged but without any order as to costs. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 57.......on question of facts and law in WP No. 2644 of 1990 and WP No. 346 of 1991 being involved and the same are heard together and these Rules will now be, disposed of by this common judgment. 2. Facts for the disposal of WP No. 2644/1990 are as follows: The petitioner under L/C dated 28.4.88 impor......llowing deferred payment for release of the said consignments on various grounds. No decision was communicated to the petitioner. It is stated that the petitioner had invested a substantial amount of money and imported the said consignment on the basis of that rate of duties and taxes leviable on th..Category: Fiscal/Taxation Law | Date: | Hits: 155
Chittagong Port AuthoÂrity Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)
....ent of Taka 1,75,25,853.80 as advance being 10% of the contract value and on 3-11-2004 took payment of Taka 7,01,03,415.20 as advance being 40% of the contract amount as the second installment before claiming for price escalation and seeking arbitraÂtion, in total took 50% advance of the quoted amo...... to set aside the award dated 9-3-2006 passed by the Arbitral Tribunal thereby disallowed the Miscellaneous Case No.160 of 2006. 2. Material facts are that Chittagong Port Authority invited tender for construction and delivery of 2(two) fast patrol boats for Bangladesh Coast Guard. Tender notice ......ract agreement dated 18-10-2004 1st party respondent furnished the performance bond. After furnishing the performance bond by 2 (two) installment 1st party respondent received 50% as advance of price money totaling Taka 8,76,29,269 from the 2nd party. On 14-12-2004 the 1st party wrote a letter to th..Category: Alternative Dispute Resolution | Date: | Hits: 334
Abdur Noor and others Vs. State and another, 1998, 27 CLC (HCD)
....he judiciary in the public eye. In the result, the Rule is made absolute. Proceedings of complaint Case No.179 of 1987 is quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 456. ...... a Judicial Officer to show cause as to why proceedings of the Criminal Case No.179 of 1987 pending in the Court of the Magistrate, Narayanganj should not be quashed. 2. Learned Advocate appearing for the petitioners after placing the materials on record submitted that accused and complainant are......he judiciary in the public eye. In the result, the Rule is made absolute. Proceedings of complaint Case No.179 of 1987 is quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 456. ..Category: Criminal Law | Date: | Hits: 75
Government of the People's Republic of Bangladesh Vs. Rahima Begum and others, 2008, 37 CLC (HCD)
....al 0.87 acres to the defendant No.7 and delivered possession thereof, Thus he acquired Title in respect of 0.87 acres of land by way of adverse possession. The plaintiff created some fictitious deeds claiming title to the property, therefore, the suit is liable to be dismissed. 6. On the pleading......edecessor of the opposite party Nos.1-10 as plaintiff, instituted Title Suit No.254 of 1983 in the Third Court of Munsif, Jessore, impleading the petitioner and opposite party Nos.11-16 as defendants for declaration of title and confirmation of possession in respect of 0.82 acres of land described i......irmed. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 430. ..Category: Property Law | Date: | Hits: 98
Naimuddin Molla and others Vs. Ibrahim Molla and others, 2008, 37 CLC (HCD)
.... However, there shall be no order as to costs. Let a copy of the Judgment along with LCR be sent down to the Courts below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 369. ......Suit No.38 of 1998 in the Court of Assistant Judge, Sadarpur, Faridpur on 28-4-1998, against the defendant No.1 Naimuddin Molla @ Naba Molla and the Government of Bangladesh as defendant No.2 praying for specific performance of contract, stating, inter alia, that the defendant No.1 Naimuddin Molla h......ing an area of 1.02 acres to the plaintiff at a consideration of Taka 25,000. Thereafter a Bainapatra was executed in between the defendant No.1 and the plaintiff on 17-5-1994 upon payment of earnest money of Taka 20,000 to the defendant No.1 by the plaintiff and delivery of possession of the suit p..Category: Procedural Law | Date: | Hits: 120
Mahamudur Rahman Vs. Md. Matiur Rahman, 2006, 35 CLC (HCD)
.... absolute. The proceeding of GR Case No.3735 of 2002 pending in the Court of learned Chief Metropolitan Magistrate, Dhaka is quashed. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 367. ...... Helaluddin Mollah, Deputy Attorney-General - For State/Opposite Parties. Criminal Miscellaneous Case No.11262 of 2002. Judgment Sharifuddin Chaklader J.- This Rule was issued on 23-11-2002 for quashing the proceeding of GR Case No.3735 of 2002 pending before the Chief Metropolitan Magistr...... The said cheque was dishonoured twice and thereafter, the accused-petitioner paid in cash Taka 3,50,000 and took dilatory tactices for paying remaining Taka 3,50,000. The informant demanded the said money but on 22-8-2002 at 5-00 PM the accused petitioner flatly refused to pay the said money. The a..Category: Criminal Law | Date: | Hits: 87
Hefzur Rahman (Md) Vs. Shamsun Nahar Begum and another, 1995, 24 CLC (HCD)
....irst opposite party for herself and on behalf of her minor son, the second opposite party, instituted Family Court Suit No. 60 of 1988 in the Family Court and the Court of Assistant Judge, Daudkandi, claiming the said dower money and maintenance at Taka 1,000.00 per month for each of them. 3. The...... 50,001/00. Second opposite party, a son, was born out of this wed‑lock on 15.12.87. Subsequently, the petitioner divorced the first opposite party on 10.8.88. 2. On 2.11.88 first opposite party for herself and on behalf of her minor son, the second opposite party, instituted Family Court Suit ......pposite parties, Nos. 1 and 2, in this Rule are respectively named Md. Hefzur Rahman, Shamsun Nahar Begum and Shaon Mia, a minor. The petitioner married the first opposite party on 25.3.85. The dower money was fixed at Taka. 50,001/00. Second opposite party, a son, was born out of this wed‑lock on..Category: Family Law | Date: | Hits: 528
Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)
....art from Article 7 of the Constitution the preamble of the Constitution has clearly indicated, which may be helpful for interpretation of the Constitution, that we, the people of Bangladesh having proclaimed our Independence on the 26th day of March, 1971 ........................pleading that it sha......ocates ‑ For the Respondent No. 4. Abdur Razzaque with Md. Nawab Ali, Advocates ‑ For the Respondent No. 5. Writ Petition No. 1001 of 1994. Judgment Qazi Shafiuddin J. - Election for the members of the Parliament if held under the umbrella of the ruling party cannot be free and ...... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ..Category: Constitutional Law | Date: | Hits: 344
State Vs. A K M Mohiuddin, 1996, 25 CLC (HCD)
....charge levelled against him. He be set at liberty forthwith if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 447. ......dpur, in Special Case No.1 of 1994 convicting the accused appellant under section 409 of the Penal Code read with section 5(2) of the Act II of 1947 and sentencing him to suffer rigorous imprisonment for 5 years and to pay a fine of Taka 7,882.50 (Taka seven thousand eight hundred eighty‑two and p.......W.2 Md. Moniruddin Ahmed is the customer of the Sonali Bank, Talma Branch being a holder of the account No. C/C/2 deposed that he never gave any authority to the Manager, Sonali Bank to withdraw his money from his account nor he gave any cheque to withdraw Taka 6,000.00 and as such the amount of Ta..Category: Criminal Law | Date: | Hits: 99
Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1997, 26 CLC (HCD)
....xt submission is that in the prayer portion also there is a violation of the provision of Article 51(2) of the said Order. The learned Advocate contends that a petitioner in the election petition may claim as relief any of the declarations namely that the election of the returned candidate is void, ......red against order dated 5‑10‑1997 passed by the learned Election Tribunal, Dhaka Division, Dhaka in Election Petition No.2 of 1997. The Tribunal by the said order rejected the petitioner's prayer for dismissal of the said election petition. 2. It is case of the present petitioner that opposit......hearing the learned Advocate for the petitioner, we find no merit in this application. So, this application is rejected summarily. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 441. ..Category: Election Law | Date: | Hits: 247
Government of BanglaÂdesh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)
....elming public interest that such consultation would imperil national security. 27. Propounding the principle of legitimate expectation, Lord Fraser held (page 401 A-E): "But even where a person claiming some benefit or privilege has no legal right to it, as a matter of private law, he may have......€¦â€¦â€¦â€¦â€¦â€¦â€¦.....Respondents (In Civil Appeal No. 44 of 2010) Judgment February 2, 2011. Result: The appeals are dismissed. Cases Referred to- Schmidt Vs. Secretary of State for Home Affairs (1969) 2 Ch 149; O'Reilly Vs. Mackman (1983)2 AC 237; Attorney-General of Hong Kong......s (as was envisaged in British Oxygen Co Ltd Vs. Board to Trade (1971) AC 610 and as had happened in Ex p Hambel (Offshore) Fisheries Ltd. (1995)2 All ER 714), or resolved to pay compensaÂtion where money alone will suffice. But where no such accommodation is made, it is for the court to say whethe..Category: Employment/Service Law | Date: | Hits: 208
Md. Zahurul Islam Vs. Deputy Commissioner, Kushtia and others, 2012, 41 CLC (AD)
....ed as D.W.4 and only one document was proved and marked as Exhibit. 7. The learned Subordinate Judge by his judgment and decree dated 29-7-1995 decreed the suit in part, that is, out of the total claim of taka 1,47,95,986 defendant Nos.1 an 2 were directed to pay a sum of taka 3,33,80.10 from 23......on is dismissed. Lawyers Involved: Qumrul Islam Siddique, Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioner. None represented—For Respondents. Civil Petition for Leave to Appeal No.1810 of 2009. (From the judgment and decree dated the 22nd day of June, 20......sed by the Government and the plaintiff was entitled to the said amount. In 1984, the Kushtia Sadar Upazila Parishad declared the cattle market within its periphery without payment of the plaintiff's money and leased out the cattle market in auction and the sale proceeds were deposited in the Govern..Category: Property Law | Date: | Hits: 105
Mahmudul Huq Vs. Mst Golap Bia & others, 1988, 17 CLC (HCD)
....d the conduct of the parties in dealing with it. The question regarding the benami transaction of a sale can arise between a party to a deed and another who is co-nominee not a party to it but puts a claim to be a beneficiary entitled to the property conveyed by the said deed. When a person asserts ......dgment and decree of learned Munsif, second Court, Sadar, Chittagong made in Other Suit No.45 of 1972. 2. The plaintiff filed the Other Suit No.45 of 1972 in the Court of Munsif, Sadar, Chittagong for declaration that the kabala dated 4.7.1944, Ext. A, standing in the name of defendant No.1 was a......lease. 3. Defendant No.1 by filing written statement contested the suit contending, inter alia, that the suit was barred by limitation, that she purchased the land from plaintiff No.2 with her own money for her own benefit which she got from her father. The story of the plaintiff No.1 that she wa..Category: Property Law | Date: | Hits: 86
State Vs. Mohammad Salim, 2010, 39 CLC (HCD)
.... of Additional Metropolitan Sessions Judge, First Court, Chittagong for trial. Trial Court framed charge against the accused under section 302 of the Penal Code on 9-5-2001 who pleaded not guilty and claimed trial. 5. At the trial to bring the charge home prosecution examined 12 witnesses. After ......t Md. Delwar Hossain J. - This Death Reference under section 374 of the Code of Criminal Procedure has been submitted by the learned Additional Metropolitan Sessions Judge, First Court, Chittagong for confirmation of sentence of death awarded by him to the condemned prisoner Mohammad Salim convic......een dealing in vegetable and grocery shop for the last 4/5 months and his shop was closed in 1999 for want of capital and earlier she lent Taka 13,000 as capital. As the accused was not returning the money on this and that plea there was hitch in between the accused and the informant and her daughte..Category: Criminal Law | Date: | Hits: 118
Gadu Mia & others Vs. State, 1991, 20 CLC (HCD)
....der sections 302/34 of the Penal Code against all the accused‑appellants by the learned Additional Sessions Judge, Tangail which was read over and explained to them when they pleaded not guilty and claimed to be tried. 4. The prosecution produced in all 13 witnesses including the Investigating ......5 passed by the Additional Sessions Judge Tangail in Sessions Case No.69 of 1984 convicting the appellants under sections 302/34 of the Penal Code and sentencing each of them to suffer transportation for life. 2. Prosecution case briefly stated is that Hafizuddin P.W.1 as complainant lodged ejaha......tting upon a stool his father was catching fishes and that the said stool and the hurricane were in Court. He stated that he was a student of Class‑III. He also stated that his father demanded loan money from the accused and that led to a dispute. He further stated that he was 11 years old and cou..Category: Criminal Law | Date: | Hits: 106
State Vs. Md. Saiful Huq @ A. Saiful and 6 others, 2012, 41 CLC (HCD)
....threat and coercion and that those confessional statements have been procured by producing those accused before the Magistrate, after arrest, confining 3/4 days in hajat. Although the P.Ws. 2-6 and 8 claimed themselves to be eye witnesses of the occurrence, their statements naming the accused Saiful......f 2011) (In Jail No. 1040 of 2005) (In Jail Appeal No. 1041 of 2005) (In Jail Appeal No. 1042 of 2005). Jamir Uddin Sircar with Md. Idris Khan, Md. Shahjahan, Md. Amirul Islam, Sufia Akter Helen - for the informant to assist the State(In Death Reference No. 134 of 2005). Khairul Alam - on beha......Send down the Lower Court Records with a copy of this judgment and order at once for information and necessary action. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 93
Abdul Momen and others Vs. Dhaka City Corporation & others, 1997, 26 CLC (HCD)
....For the aforesaid reasons, we find no substance in this petition. In the result, this petition is rejected summarily. No costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 300. ......oners. The petitioners are businessmen. They have shops at Aziza Bhaban Market, which is facing the footpath of Hatkhola road adjacent to Hotel Illishiam. The petitioner invested huge amount of money for payment of salami for taking lease of those shops. Respondents, Dhaka City Corporation, the Mayo......petitioners. The petitioners are businessmen. They have shops at Aziza Bhaban Market, which is facing the footpath of Hatkhola road adjacent to Hotel Illishiam. The petitioner invested huge amount of money for payment of salami for taking lease of those shops. Respondents, Dhaka City Corporation, th..Category: Civil Law | Date: | Hits: 117
Chittagong Port Authority Vs. Md. Ishaque and others, 1983, 12 CLC (AD)
....ses of umbrella cloth from Japan. The vessel in question arrived at Chittagong Port on 15.7.64 and discharged her cargo. The plaintiffs' consignÂment was not delivered to him. As such he submitted a claim to the defendants ChittaÂgong Port Authority and a notice under secÂtion 109 of the Chittago.......A. No.25 of 1970). Judgment Badrul Haider Chowdhury J.- This appeal by special leave arises out of Money Suit No.127 of 1965 filed by respondent Nos. 1 and 2 as plaintiff against the appellant for recovery of an amount of Tk. 12,000/- as compensation for non-delivery of six cases of umbrella ......nstrucÂtion of the sections may not necessarily be taken as approved. In the result therefore this appeal is disÂmissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 364...Category: Civil Law | Date: | Hits: 112
Md. Zahir Abdullah Khan @ Zahir Abdullah Khan & others Vs. Abdul Latif & others, 1983, 12 CLC (AD)
.... 6.5.73. 6. The suit was filed on 1.9.73. As noticed, the suit is for declaration of tenancy. When we asked the plaintiff respondent's Counsel as to the nature of the suit and whose tenancy he was claiming between 16.9.72 to 1.9.73 and to whom he paid rent, the Counsel had no answer. It is very u......d to the defendant No.4 and in 1972 the Pourashava relinquished their right over room Nos. 2, 3, 4 and 5 in favour of defenÂdant No.4 by a deed of Nadabi. The Pourashava served a notice on 15.9.72 informing the plaintiff that the proprietary right of room No.3 which was allotted to him has been tra......d. Judgment and decree of both the Courts below are set aside and the plaintiffs' suit is dismissed. There will be, however, no costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 354. ..Category: Property Law | Date: | Hits: 99
Category: Property Law | Date: | Hits: 128