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Bangladesh Water Development Board Vs. Contractor, Manu Barrage, 2000, 29 CLC (HCD)
....ll realisation. The parties are directed to bear their own respective costs. Send down the record of the case without any further delay. Ed. This Case is also Reported in: 53 DLR (2001) 200. ......thereon. Due to erosion of the river, the site of the barrage was being changed and it remained undecided till 28-9-1977. The work ultimately commenced on 30-12-1977 and completed on 13-6-1981 to the full satisfaction of the defendants. On 5-12-1982 the plaintiff submitted his final bill being No.50......Court Division (Civil Appellate Jurisdiction) Present: Md. Mozammel Hoque J Md. Abdur Rashid J Bangladesh Water Development Board...........Appellant Vs. Contractor, Manu Barrage……….Respondent Judgment October 30, 2000. Result: The Appeal is allowed. La..Category: Civil Law | Date: | Hits: 132
Most. Selina Banu Bewa and others Vs. Most. Jamila khatun and another, 2009, 38 CLC (AD)
....f forgery and although the defendants adduced some witnesses in order to prove the execution and registration of the deeds in question both the Courts below found that the plaintiff was a paradanshin woman and the defendants could not produce any evidence to prove that the said deeds were executed......oper consideration of the materials on record arrived at a correct decision and accordingly no interference call for. The petition is dismissed. This Case is also Reported in: VII ADC (2010) 516.......oper consideration of the materials on record arrived at a correct decision and accordingly no interference call for. The petition is dismissed. This Case is also Reported in: VII ADC (2010) 516...Category: Property Law | Date: | Hits: 26
Charupado Mondol and others Vs. Chinmay Bachar and others, 2009, 38 CLC (AD)
....judicata in the instant suit, and the trial Court, if the question is so raised, is directed to decide the same in accordance with law. Ed. This Case is also Reported in: VII ADC (2010) 492. ...... name was also recorded in the khatian and said Tanti Bewa for her legal necessity leased out her 23 share to Nakul by patta dated 16.03.1932. Thereafter, Nukul took this lease for self and his other full brothers and step brothers and there was wrong description as to the area of the land in the sa......judicata in the instant suit, and the trial Court, if the question is so raised, is directed to decide the same in accordance with law. Ed. This Case is also Reported in: VII ADC (2010) 492. ..Category: Procedural Law | Date: | Hits: 95
....order passed by the High Court Division and thus do not find any substance in the leave petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 486.......hat the parties have adduced their evidence in support of their claim and the Court below has decided the suit on all the issues on merit. We find that it is not a fit case for remand for, if after a full fledged trial of the suit, the suit is remanded again to the trial Court, the ends of justice w......order passed by the High Court Division and thus do not find any substance in the leave petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 486...
Category: Property Law | Date: | Hits: 38
Md. Abdul Kader Vs. Bangladesh Road Transport Corporation, 2010, 39 CLC (AD)
....ay. Security of Tk. 1,000/- is to be deposited within 1(one) month. Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 481.......ng aside the judgment and decision dated 06.12.2003 passed by the Chairman, Second Labour Court, Dhaka in Complaint Case No.5 of 1996 directing the writ petitioners to reinstate the petitioner with full back wages and other benefits within 30 days. 2. The facts, in short, are that the petitio......e judgment and decision dated 06.12.2003 passed by the Chairman, Second Labour Court, Dhaka in Complaint Case No.5 of 1996 directing the writ petitioners to reinstate the petitioner with full back wages and other benefits within 30 days. 2. The facts, in short, are that the petitioner lodge..Category: Labour and Industrial Law | Date: | Hits: 79
Sree Bishonath Das and others Vs. Sree Binoy Kumar Das and others, 2009, 38 CLC (AD)
....by the courts below in finding possession and title in favour of the plaintiff respondent. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 478.......178 on the basis of aforesaid settlement from Government is affirmed in the said judgment and decree dated 30.08.1987. 6. Thereafter the predecessor of the present petitioners along with his two full brothers, the present pro forma-respondent Nos.8 and 9 who were defendant Nos.1,6 and 7 in the ......by the courts below in finding possession and title in favour of the plaintiff respondent. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 478...Category: Property Law | Date: | Hits: 27
....h Court Division committed no illegality in discharging the Rule.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 474.......h Court Division committed no illegality in discharging the Rule.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 474.......cts, in short, are that the petitioner's predecessor Tofazzal Ali Chowdhury created "Tofazzal Ali Chowdhury Waqf Estate" by deed No.415 dated 22.01.1915 with the noble and pious object of proper management of two mosques and to meet the expenses for jiarat of the graveyard of the Wakif, his wife..
Category: Trust/Waqf Law | Date: | Hits: 185
Prime Finance and Investment Limited Vs. Delwar H. Khan and others, 2009, 38 CLC (AD)
....he 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) 459. ......ling any of the conditions as laid down in Section 241 of the Companies Act, 1994; that the respondent No.1 Delwar H. Khan being 66% share holder of the pro-forma respondent No.2 company and having full control over the management of the said company ought not to have obtained loan of crores of ta......any itself or on the question of paying off its creditors proportionately and as such, the winding up of the company which is being used as a shield by some delinquent persons to secure their pilferage has been unwarranted and in that view of the matter the impugned judgment and order is liable ..Category: Company Law | Date: | Hits: 197
Tafazzal Hossain Vs. Bangladesh, 2009, 38 CLC (AD)
....reparation of paper book is dispensed with as prayed for. The order of stay granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 451. ......d worth of the human persons shall be guaranteed and in which effective participation by the people through their elected representative in administration at all levels shall be ensured." To give full effect to this fundamental principle of state policy the function of the municipality must be e......reparation of paper book is dispensed with as prayed for. The order of stay granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 451. ..Category: Election Law | Date: | Hits: 92
Dr. Mohiuddin Farooque Vs. Bangladesh & others, 2001, 30 CLC (HCD)
....n 30.7.2010. In the meantime, if any of the respondents feel it necessary for further direction, they are at liberty to approach the Court. Ed. This Case is also Reported in: 15 BLC (2010) 61. ......e then, the extent of pollution has increased many folds. 8. She further submits that since 1991, dozens of meetings were held in connection with relocation of the tanneries at Savar where all and full facilities are made by the Government but the tannery owners so far refused to move there inspi......hments. The river Buriganga is in its worst condition, she submits, millions of gallons of highly toxic wastes are being released from thousands of industrial units, 75 percent of the city’s raw sewage and hundreds of tons of solid wastes are being dumped into the river Buriganga and the river res..Category: Environmental Law | Date: | Hits: 279
Khalilur Rahman and others Vs. Executive Engineer, Roads & Highways & others, 2007, 36 CLC (AD)
....ion money if deposited by them after de-requisition order dated 21-09-1964 illegally issued by the concerned officer, if not already withdrawn. This Case is also Reported in: 7 LG (AD) (2010) 127. ......the suit. The High Court Division further observed that in writ jurisdiction it is very difficult to dispose of a case unless all the facts are brought before this Court and the parties must make a full and candid disclosure of all material facts and refrain from deliberately keeping back materi......ion money if deposited by them after de-requisition order dated 21-09-1964 illegally issued by the concerned officer, if not already withdrawn. This Case is also Reported in: 7 LG (AD) (2010) 127. ..Category: Property Law | Date: | Hits: 23
Abul Kashem Vs. Executive Engineer & others, 2000, 29 CLC (HCD)
....therwise ready. The Learned Advocates either for the petitioner or for the opposite parties mention the matters for fixing a date of hearing. Ed. This Case is also Reported in: 53 DLR (2001)186. ......petition in three Civil Revision Petitions. 11. Mr. Ghulam Sattar, defendant-opposite party No.3 is the constituted Attorney for and on behalf of defendants-opposite party Nos.4 and 5 who .are his full brothers and full sister respectively. Examined the signature appearing in Vakalatnama executed......ter to his learned Advocate Mr. Syed Ziaul Karim who on perusal of the record on 23-12-1999 became sure about the compromise matter. It is asserted that the defendant opposite party Nos. 3-5 never engaged Mr. Mir Abul Quasem, the learned Advocate to conduct the Civil Revision Cases although he appea..Category: Property Law | Date: | Hits: 21
Dr SKM Joynal Abedin Vs. Bangladesh, 2010, 39 CLC (AD)
....n to get the order of injunction and rightly rejected the same. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 143....... on 17th June 1981 being deed No. 3192 of Book No. 1, Volume No. 56, P-292-301 in respect of Plot No. 61, Road No. 4, Block-B, section 12, Mirpur Housing Estate, PS formally Mirpur now Pallabi, Dhaka fully described in the schedule, by executing a deed of rectification with regard to the measurement......n to get the order of injunction and rightly rejected the same. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 143...Category: Property Law | Date: | Hits: 44
.... and day out during the tenure of their office.
In view of our aforesaid discussions, the application is summarily rejected.
Ed.
This Case is also Reported in: 55 DLR (2003) 332.
......anto is provided by Article 102(2)(b) (11) the Constitution. Quo warranto is regarded as an appropriate and adequate remedy to determine right or title to a public office and to oust one who has unlawfully usurped or intruded to such public office. Proceeding in quo warranto against a public officer......epublic of Bangladesh and others…………Respondents
Judgment
June 3, 2001.
Cases Referred to-
Anowar Hossain Vs. Bangladesh, the Special Issue of BLD 1989 (Para 53 at page 61; Ahsanullah Vs. Bangladesh, 44 DLR 192 Para 66; Dr Mohiuddin Farooque Vs. Bangladesh and othe..
Category: Constitutional Law | Date: | Hits: 126
Hasmat Ali Vs. State, 2001, 30 CLC (HCD)
....tion 302 of the Penal Code and, as such, the impugned conviction and sentence are hereby upheld. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 169. ...... of the convict appellant was murdered. This witness stated in his cross- examination that he arrested the convict appellant from his medicine shop at Kutubpur Bazar and at that time he was wearing a full pant. 13. PW 5 Samsuddin is a seizure list witness. He stated in his evidence that he heard ...... 2. Prosecution Case, in short, is that Md. Abdul Jalil PW 1, father of the victim girl lodged an first information report with Chatail Police Station, Tangail that he married his deceased daughter, aged about 15 years, to the convict appellant Hasmat Ali about 3 months before the date of occurrenc..Category: Criminal Law | Date: | Hits: 27
Khaleda Rahman & another Vs. Integrated Services Limited and others, 1999, 28 CLC (HCD)
.... No. 116 of 1999. The Subordinate Judge, 1st Court, Dhaka is hereby directed to dispose of the injunction matter on merit expeditiously. Ed. This Case is also Reported in: 53 DLR (2001) 161. ...... Md. Abdul Aziz J Khaleda Rahman & another………Appellants Vs. Integrated Services Limited and ors………..Respondents Judgment June 8, 1999. Cases Referred To- Karnafully Paper Mills Sramik Karmachari Union Vs. Registrar of Trade Unions, Chittagong and others 41 DL......ourt, Dhaka in Title Suit No. 116 of 1999 who by the said order restrained the appellants by an order of ad interim injunction from interfering and disturbing with the business, administration and management of the plaintiff No.1 company and from giving effect to the resolution of the Board Meetings..Category: Business or Commercial Law | Date: | Hits: 207
Daily Star and Prothom Alo Patrika Vs. State, 2001, 30 CLC (HCD)
....l of Police, Bangladesh. The office is directed to transmit the record along with a copy of the judgment by a special messenger. Ed. This Case is also Reported in: 53 DLR (2001) 155. ......rnments. It was also observed that almost all the witnesses are public servants against whom witness warrants were issued on repeated occasions and in spite of that nonappearance of the witnesses was full of mystery and that on the prayer of the learned public prosecutor for fixing a short date, 8-1......gaon. It may be pointed out here that in spite of publication of articles in two well circulated newspapers making serious allegations pin-pointing the learned Public Prosecutor and the Investigating agencies suspecting their sincerity and honesty of conducting a sensational murder Case, none of the..Category: Criminal Law | Date: | Hits: 189
Raisuddin (Md) Vs. Sitaram Bhar and others, 2001, 30 CLC (HCD)
....f the appeal on merit within 3(three) months from the date of receipt of this judgment and order of this Court for ends of justice. Ed. This Case is also reported in: 53 DLR (2001) 131. ......icient cause from appearing when the appeal was called on for hearing” and, as such, the impugned order is liable to be set aside. He further submits that the appellate Court below having given his full consideration on the laches and negligence of the plaintiff-appellant in pursuing the proceedin...... rejected by the appellate Court below vide its impugned order dated 16-2-97 finding that the plaintiff-appellant has been delaying the hearing and disposal of the Case on different pretexts and not eager to hear the Case conclusively. The appellate Court below further found that the plaintiff-appel..Category: Property Law | Date: | Hits: 29
Sirajul Islam (Md) and another Vs. Government of Bangladesh & others, 2000, 29 CLC (HCD)
....nd the Rule is liable to be discharged on that count also. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 127. ......by the investigating officer and the Special Tribunal by his order No.42 dated 6-5-99 under section 26(B) of the Special Powers Act 1974 stating that the accused persons brought the seized sarees lawfully from rejected the petition of the petitioners and maintained the order dated 3-3-99. The pet......r. 2. In the writ petition it has been stated, inter alia, that on 9-4-96 four Bangladeshi citizens namely, Shamsuddin, Shamol, Shamim and Motiul Alam came from India with some goods under Baggage Rules and they after completing immigration checking from immigration checking post produced the..Category: Criminal Law | Date: | Hits: 101
Ali Azam, Advocate Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
.... in favour of the assessee applicant. Accordingly, the reference is answered aforesaid and the parties will bear their own costs. Ed. This Case is also Reported in: 53 DLR (2001) 92. ...... in favour of the assessee applicant. Accordingly, the reference is answered aforesaid and the parties will bear their own costs. Ed. This Case is also Reported in: 53 DLR (2001) 92. ......me on that figure nor was any opportunity given to the Assessee applicant to explain his position. The Appellate Joint Commissioner of Taxes estimated the Income at Taka 40,000.00 considering the old age of the assessee applicant but this was also done without any basis and the Appellate Tribunal es..Category: Fiscal/Taxation Law | Date: | Hits: 67
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