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Sumikin Bussan Corporation Vs. Chittagong Port Authority and Others, 2001, 30 CLC (HCD)
....oard decision respondent No.8 was made responsive. It is further argued by them that the writ petition is non-maintainable as the contract was not fully concluded. 9. Affidavit-in-Opposition has also been filed by respondent No.9 namely, China Harbour Engineering Co which was also found to be res......ecision violating the terms and conditions of the tender document. 28. Clause 26.3 has provided that subject to Clause 29, no Bid shall be modified and Clause 29.1 provides that explanation may be called for by the authority. Under the provision of Clause 29.1 the bidder cannot give a suo motu in...... declared accepting the decision No.8823 dated 13-9-2000 of the Chittagong Port Authority as contained in Annexure-B to the petition. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 599. ..Category: Others | Date: | Hits: 153
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
....ioner challenged the notification on the facts that he was a Member Parliament from 21 Rangpur, Constituency No.3. He contested from all five Constituencies including the aforesaid Constituency and also 27 Constituency, Kurigram 3 and he was elected from alit five Constituencies in the Jatiya Sangsh......whether the offence involves his moral turpitude or not comes up for a decision, because if it does, the concerned member shall be disqualified to continue as such member. This question whether it is called a controversy or a dispute, must be determined by the Election Commission as provided in Clau...... with observations made above. Let a copy of this judgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261...Category: Constitutional Law | Date: | Hits: 202
Abdul Mannan Sarker (Md.) Vs. State and others, 2001, 30 CLC (HCD)
.... court of learned Metropolitan Magistrate, Dhaka should not be quashed. 2. According to the FIR lodged by the informant, the accused petitioner took Taka 1,64,000 from the informant as loan for personal need and business purpose in 3 instalments but he did not refund the money consequently and th...... Fazlul Hoque Chowdhury, Assistant Attorney General—For the State. Criminal Miscellaneous Case No. 4587 of 1999. Judgment Md. Munsurul Haque Chowdhury J.- By this Rule opposite party was called upon to show cause as to why the impugned proceeding of Motijheel PS Case No.13 dated 02-03-9...... now pending in the Court of learned Metropolitan Magistrate, Dhaka is thus quashed. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 565. ..Category: Criminal Law | Date: | Hits: 43
Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)
....reemptors made the application for preemption by deposit of Taka 95,000 only together with compensation of Taka 95,000. To substantiate his claim, certified copies of 4 contemporaneous Kabalas were also filed. If the valuation of the case was found to be more than one lakh, then the Court of Senior ......s not committed any error in rejecting the application of the petitioner. In the result, this Rule is discharged. No order as to Costs. Order of stay granted at the time of issue of the Rule is re-called and vacated. Communicate. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 563.......Rule is discharged. No order as to Costs. Order of stay granted at the time of issue of the Rule is re-called and vacated. Communicate. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 563...Category: Property Law | Date: | Hits: 68
Sultan Mia (Md.) Vs. Hazi Md. Yusuf, 2001, 30 CLC (HCD)
....˜Ka’ property. During pendency of the suit said Md. Jalaluddin died and his heirs have been substituted in the suit and they were brought on record. Ultimately, the suit was decreed on the basis of solenama filed in the Court on 3 1-10- 1996 between the plaintiff and the heirs of Md. Jalaluddin, P......s of such disfiguring with corrections, ‘Kha’ schedule property has been included in the writ of delivery of possession. 8. Since there are allegations of interpolation of the solenama, I have called for the record and perused the same. 9. In the record I find a photo copy of the agreement......e of the matter expeditiously preferably within 3 months from the date of receipt of the order. Send down the lower Court records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 555. ..Category: Property Law | Date: | Hits: 82
Molla Mahjenul Islam Vs. State and others, 2001, 30 CLC (HCD)
....the institution of the suit, the plaintiff petitioner filed an application for injunction restraining the principal defendants from leasing out the Waqf portion of the Ahsangonj Hat with any other person and also from interfering in any way of its possession and management of the said hat till the d......rder as to costs. The status quo order passed by this Court earlier is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 552....... hat at any point of time, that the income of the hat is utilised for which the Waqf Estate was created and that if possession of the hat is taken over from the plaintiff, it would suffer irreparable loss and injury. 3. Defendant-opposite Party No.1 filed written objection against the prayer for ..Category: Property Law | Date: | Hits: 105
Anwar Hossain Vs. Election Commission of Bangladesh and others, 2001, 30 CLC (HCD)
....dent of the Republic about its decision by letter dated 17-6-1996 to support Awami League to form the Government as the single largest party in the Parliament stating that the decision of the party also had the approval and support of respondent No.5, Hossain Mohammed Ershad, who was then in jail, v......riat to the Election Commission by impugned Memo dated 28-3-2000, Annexure-B, for determination of the dispute. The Election Commission, thereafter, by the impugned Memo, dated 29-3-2000, Annexure-A, called upon the petitioner to submit his statements in this regard to the Election Commissioner for ......ny lawful authority. In the premises, the Rule is made absolute in view of the reasons stated above without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 546. ..Category: Constitutional Law | Date: | Hits: 196
Abdur Razzaque Mollah Vs. Md. Qayum Mollah & others, 2001, 30 CLC (HCD)
.... of 1998. Judgment NK Chakravartty J.- This Rule at the instance of defendant-appellant-petitioner was issued calling upon the opposites to show cause as to why the impugned judgment and decree so far it relates to remand of the case for fresh trial passed in Title Appeal No.168 of 1996 dated ......e plaintiff and contended, inter alia, that he never executed the bainapatra and plaintiff by way of fraud and forgery created ha same. He has also denied the receipt of consideration money of the so-called bainapatra of handed over any possession of the suit with intent to sell to the plaintiff. Th......rdship on the part of the defendant-appellant- petitioner, the plaintiffs suit is liable to be dismissed in which case no benefit will be obtained by sending the case on remand for fresh trial except loss of valuable time and money of the parties. That admittedly the suit properties having been mort..Category: Civil Law | Date: | Hits: 71
Ibrahim (Md.) Vs. State, 2000, 29 CLC (HCD)
....e learned Magistrate held that previously in respect of the same occurrence several investigations were held and different Investigating Officers submitted different reports. The learned Magistrate also considered that the case was a complicated one and further investigation was necessary. On such a......ioner Fazlul Haque Choudhury, Assistant Attorney- General -For the Opposite Party. Criminal Revisional Case No.756 of 2000. Judgment Md. Hamidul Haque J.- By this Rule, opposite party was called upon to show cause as to why the order dated 18-7-99 passed by the Magistrate, 1st Class, Bag......e record to the learned Sessions Judge Bagerhat in accordance with the provisions of section 205C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 533. ..Category: Criminal Law | Date: | Hits: 39
Shuinya @ Suruj Ali Vs. State, 2000, 29 CLC (HCD)
....was required for keeping a dagger, a dagger was not an arm. He has further argued that knives and kiris are not included in section 4 of the Arms Act and, as such, keeping those in possession by a person cannot be an offence under section 19(f) of the Arms Act. 3. Next, he has argued that there w......oner. Nikhilesh Dutta, Deputy Attorney-General — For the Opposite Party. Criminal Miscellaneous Case No. 294 of 2000. Judgment Md. Hamidul Hoque J.- By this Rule, the opposite party was called upon to show cause as to why the judgment, order of conviction and sentence dated 6-9-99 pass...... our above discussion, we find no reason to interfere with the impugned judgment and order. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 527. ..Category: Criminal Law | Date: | Hits: 40
Government of Bangladesh Vs. ASM Ferojuddin Bhuiyan, 2000, 29 CLC (HCD)
....facturing Co Ltd. and another Vs. The Ulhasnagar Municipal Council and another AIR 1971 (SC) 1021; SP (Supendra Prashad) Misra Vs. Oil & Natural Gas Commission AIR 1987 1 Cal:90 CWN 449 and Robertson Vs. Minister of Pensions 1 KB 227 (LR) Kings Bench Division; Central London Property Trust Ltd. ......Huq with, AKM Shahidul Huq, Tania Siddiqua and Chamon Akhter, Advocates — For the Opposite Party. Civil Revision No.1118 of 2000. Judgment AK Badrul Huq J.- A judgment of reversal has been called in question by petitioner in invoking this Court’s Civil Revisional Jurisdiction on laying ...... by Abandoned Authority a right had been created in his favour which could not be taken away by malafide action of defendants. Plaintiff further pleaded that the suit property if sold in auction, the loss and damage and the misery of plaintiff would be extreme and that could not be compensated. Furt..Category: Property Law | Date: | Hits: 83
Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)
....on No. 31 of 1992 arises out of Judgment and order dated 18-3-1990 passed in ITA No.3359 of 1982-83 (Assessment year 1977-78) by the Taxes Appellate Tribunal. Reference Application No.32 of 1992 is also directed against the judgment and order dated 18-5-1990 passed in ITA No.3360 of 1982-83 (Assessm......ce applications the Taxes Appellate Tribunal treated the aforesaid corporations as Local Authority and exempted them from paying taxes under section 4(3)(iii) of the Income Tax Act, 1922 (hereinafter called the Act) and the Revenue Department preferred these reference applications challenging the le......pany as it has authorised and paid up share capital, Board of Directors including a Chairman having a casting vote as in a company and it has also to maintain books of accounts and prepare profit and loss account and balance sheet and get those audited as in the case of a company. Thus, he further s..Category: Fiscal/Taxation Law | Date: | Hits: 86
....ssued by the secretary of the respondent Trust that in such negotiation petitioner offered to take lease of the said industry for 10 years and to pay rent per month at the rate of Taka 2.75 lac and also to deposit Taka 33 lac as advance and he having been found as the highest bidder matter is under ......ted that admittedly tenders submitted by the tenderers in compliance of the tender notice were not acceptable to the respondent Trust and, as such, those tenders were cancelled and the petitioner was called for negotiation and though subsequent offer of the petitioner was higher than his original of......ely because petitioner failed to get lease of the industry in question he cannot deprive the respondent Trust from getting rent by leasing out the same by obtaining the Rule and order of stay causing loss not only to the respondent Trust but also to the aforesaid beneficiaries of the Trust. So, we a..
Category: Property Law | Date: | Hits: 102
Abdur Rouf (Md.) and another Vs. State, 1998, 27 CLC (HCD)
....16-10-79 drew Taka 75,800.00 and Taka 170.00 respectively. Thereafter on 13-11-79 the said Salimuddin deposited for collection cheque No.178768 for Taka 86,000,00 and the said Salimuddin cheque was also allegedly issued by the aforesaid Kamrul Huda against his current deposit account No. 9956 of Mot......imuddin is also purported to have withdrawn Taka 170.00 from Account No. 2400 on 16-10-79 by cheque Ext. 4(Ka). It has been convincingly proved by consistent documentary and oral evidence that the so-called account-holder Salimuddin is a creation of the accused and is a fictitious person in whose na......lse introduction in the name of Jalaluddin Ahmed and by preparing and fabricating false documents criminally misappropriated Taka 1,71,870.00 for themselves or for others and thereby causing wrongful losses to the Bank. 3. An Officer of the Bureau of Anti-Corruption investigated the case, examine..Category: Criminal Law | Date: | Hits: 104
Birla Tyres & another Vs. Sonali Anash Trading (Pvt) Ltd. and others, 2004, 33 CLC (HCD)
....s instituted Title Suit No. 276 of 2003 in the Second Court of Senior Assistant Judge at Dhaka against the petitioners and others for several declarations including one that the plaintiffs were still sole distributor and sole importer of Birla Tyres for whole of Bangladesh and also for perpetual inj...... Orders granting temporary injunction and ad interim mandatory injunction are hereby set aside. Plaintiffs shall bear cost all through. Ed. This Case is also Reported in: 58 DLR (2006) 84. ...... injunction cannot be granted to prevent beach of contract the performance of which could not be specifically enforced. 23. In commercial transaction where profit is the only motive an injury, say loss due to breach of any contract, can adequately be compensated with money the court would be very..Category: Civil Law | Date: | Hits: 148
Syed Abdul Alim alias Lalu Vs. DC, Dhaka and others, 2005, 34 CLC (HCD)
....(FIR) on 16-2-85 in Mirpur Police Station implicating the petitioner and two others in the offences under sections 302 and 324 of the Penal Code alleging, inter alia, that at about 9-00 PM on 15-2-85 some unknown young men called his son, Ariful Haque alias Ripon, away from his house. The informant ......pur Police Station implicating the petitioner and two others in the offences under sections 302 and 324 of the Penal Code alleging, inter alia, that at about 9-00 PM on 15-2-85 some unknown young men called his son, Ariful Haque alias Ripon, away from his house. The informant was not at home at the ......osts. The petitioner (condemned prisoner) be set at liberty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ..Category: Criminal Law | Date: | Hits: 52
Bengal Bricks Industries Ltd. Vs. Al-haj Md. Ishaque Chowdhury and others, 2004, 33 CLC (HCD)
....tely renumbered as Other Suit No. 151 of 1992. Defendant No. 3 appeared and filed a written statement admitting the contract dated 27-2-81, receipt of money thereupon and delivery of possession. He also said that due to the pressure of his mother and other relations he had to yield to them. When def......the appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 62. ......e relinquished and waived his right to other part of the contract schedule- 1 (Ka). After the defendant No. 1 relinquished all his claims to further performance and all his rights to compensation for loss or damages sustained by him for default of defendant No. 3, such giving up would not constitute..Category: Property Law | Date: | Hits: 71
Rupali Bank Ltd. and others Vs. Chairman, First Labour Court and others, 2005, 34 CLC (HCD)
....ect. 2. These Rules initially came up for hearing before a Division Bench of the High Court Division and the said Bench having noticed a conflicting decision in 54 DLR 602 on the point, whether persons employed against a temporary post/position can be held to have been permanently employed becaus......nual leave, daily allowances, etc and they were paid their wages by the petitioners' bank and the petitioners' bank regulated and controlled their services. 11. The only key point we are, in fact, called upon to address and determine in all these cases is, whether in the given facts and circumsta......ent worker. The present 9 (nine) Rules, therefore, must fail. In the result, all these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 46...Category: Employment/Service Law | Date: | Hits: 85
Abu Taher Vs. State, 2005, 34 CLC (HCD)
....order dated 31-12-1988 passed by the Additional Sessions Judge, Pirojpur in Sessions Case No. 32 of 1987 convicting the appellant under section 302 of the Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Taka 500, in default of payment of which to suffer rigorous im......ed the suggestion that for 4/5 days before the occurrence the appellant was not seen in the locality. 12. PW 4 Noor Mahammad Kha, a neighbour of the appellant, deposed that accused Abul Hashem Kha called him to come to their house at once. At this he went there and found the dead body of the dece......ted in any other case. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in : 58 DLR (2006) 34. ..Category: Criminal Law | Date: | Hits: 41
World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....issued calling upon the respondents to show cause as to why (1) Memo No. BTRC/LLSec/ WorldTel/2002-1032 dated 20-4-2004 issued by respondent No. 2 under the signature of respondent No. 3 (Annexure-A) so far as it omits/deletes the co-exclusivity clause 23 of the Licence Agreement dated 12-7-2001 bet......the BT Act which runs as follows: "(6) The legality or propriety of an order issued, or any amendment with regard to a condition or content of the said document made, under this section cannot be called in question in any court." Where Civil Court cannot sit upon an order of BTRC under secti......discharged without any order as to costs. The order of status quo granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14...Category: Information Technology Law | Date: | Hits: 321
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