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Ministry of Communication and others Vs. Md. Ferozur Rahman & ors, 1991, 20, CLC (HCD)
.....91. It, therefore, appears that at the time of the filing of the suit the plaintiff had not been in possession of the catering job and if the plaintiff had not been in possession they perhaps cannot claim to be not disturbed by the Railway Authority from carrying on with their catering service unde......ication, Railway Division, General Manager, Bangladesh Railway (East) Chittagong and others including defendant No.11 namely, M/s Tip Top Caterer Ltd., Chittagong Railway Refreshment Room, Chittagong for a declaration that the order issued by the Chief Commercial Manager, Bangladesh Railway (defenda......0.00 and Air Condition compartment @ Taka 38.00. They are directed therefore to pay within 31st December, 1990 the amount they owe to the Railway namely Taka 21,16,048.00 with the warning that if the money is not paid within that time legal action will be taken against them by cancelling the licence..Category: Civil Law | Date: | Hits: 72
Kabir and others Vs. State, 1991, 20 CLC (HCD)
.... against them. They may be set at liberty at once if not wanted in connection with any other case. Send down the records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 755. ......e No.136 of 1988 convicting the appellants namely Kabir, Shahid Hossain @ Shafi, Sattar and Abdul Matin under section 395 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for 5 (five) years and to pay a fine of Taka 1000.00 in default to suffer rigorous imprisonment for ......e for watching; that they abused the inmates both male and female in filthy languages and also kept them tied and looted away gold ornaments, sarees, radio, etc. worth Taka 1,50,000.00 including cash money; that the neighbouring people rushed to the place of occurrence on getting information through..Category: Criminal Law | Date: | Hits: 76
Siddiqur Rahman Vs. State, 1988, 17 CLC (HCD)
.... Powers Act, 1974 within the cognizance of this Court. And I thereby try you on the said accusation. That the accusation is read over to the accused No.1 in Bengali and he pleaded not guilty and claims to be tried and in absentia of accused No.2". 2. Out of 13 charge-sheeted witnesses, the p...... absentia under Section 6 of the Control of Essential Commodities Act, 1956 i.e., Act I of 1956 read with Section 25 of the Special Powers Act, 1974 and sentencing him to suffer rigorous imprisonment for 5 (five years. Another accused Shah Alam was also charged along with him with the same offence b......ard on the Hat day that Hafiz Gazi dealer was selling ration paddy. He went to the Hat and found 8/10 mounds of old paddy in the boat of accused Shah Alam. When asked Shah Alam told that Hafiz took money from him and gave the paddy. In his cross-examination he said that police took Shah Alam to th..Category: Criminal Law | Date: | Hits: 74
Kamaluddin and others Vs. Abdul Aziz (Md.) and others, 2004, 33 CLC (HCD)
....t of impugned transfers the trial Court correctly found the case not barred by limitation. 19. The case of the preemptors is that the transferees were strangers to the holding. But the transferees claimed that on 10‑07‑96 they already became co-sharers by exchange. The learned Subordinate Jud......Rashid J. – Pre-emptors presented the above appeal against an order dated 07‑09‑99 passed by Subordinate Judge, Court No. 2 at Noakhali in Miscellaneous Case 19 of 1996, which rejected a prayer for pre-emption. 2. Short facts for disposal of the appeal are that, on 15‑09‑96 the preempto......ee respondent Nos. 1 to 4 fail to execute and register the sale deed within a period of three months of the receipt of the record by the trial Court. The respondents would be entitled to withdraw the money deposited in Court by the preemptors. Send down the record at once. Ed. This Case is a..Category: Property Law | Date: | Hits: 71
Foez Ahmed Vs. Joynal Abedin and others, 2002, 31 CLC (HCD)
....t and decree in decreeing the suit calling for interference by this Court. In the result, this Rule is discharged, No order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 477. ......88 decreeing the suit should not be set aside and/or pass such other order or further order or orders as to this Court may seem fit and proper. 2. Opposite party No. 1 as plaintiff, filed the suit for declaration that the sale deed mentioned in schedule 2 to the plaint in respect of the suit prop......ere also the defendant not being available the plaintiff again went to the house of the defendant. This time the plaintiff met the defendant but he told the plaintiff that as he could not arrange the money it was not possible for him to give him the balance money. The defendant further told that aft..Category: Property Law | Date: | Hits: 80
MR Trading Co. Vs. Superintendent Engineer and others, 2004, 33 CLC (HCD)
....aintiff stopped the work of said groups since 07‑02‑2003. 6. By amendment, the plaintiff stated that by his memo dated 09‑11‑03 defendant No. 1 asked defendant No. 5 to cancel the work. He claimed Taka 17,35,48,284 in place of Taka 20 crore, Taka 29,64,51,716 in place of Taka 22 crore and......Rashid J. - Plaintiff presented the above appeal against an order dated 15‑04‑04 passed by Joint District Judge and Arbitration Court at Dhaka in Title Suit No. 1 of 2003, which rejected a prayer for mandatory injunction. 2. On 25‑02‑03 the plaintiff instituted the suit first for several ......everal declarations and for mandatory injunction for payment of Taka 22,000,000 within seven days. Subsequently, by an amendment of the plaint on 27‑01‑04, the suit was transformed into one for a money decree of Taka 47,000,000 for price of the works done. 3. The plaintiff made two applicatio..Category: Civil Law | Date: | Hits: 73
....f, Dhaka, for specific performance of contract. The Government, respondent‑defendant No.2, contested the suit by filing written statement stating that the suit property is an abandoned property and claiming the possession thereof. On transfer of the Suit to the additional Court of Munsif, it was r......s, that originally the suit plot was allotted by the Government to one Md. Zahoor under Memo. No.588‑AO, dated 12.6.62 followed by proper conveyance deed dated 16.1.1963 leasing out the land to him for a period of 99 years and transferring to him by hire purchase the house built thereon on payment...... alia, that Md. Zahoor never entered into an agreement on 19.1.1971 with the petitioner for the transfer of the case property at a consideration of Taka 12,000.00 and never received any consideration money from the petitioner; Md. Zahoor left Bangladesh during the war of liberation and after liberat..
Category: Property Law | Date: | Hits: 81
Madina Vegetable and Oil Refinery Industries (Private) Limited Vs. M T Dolores, 1993, 22 CLC (HCD)
....diction and the ship is to be released from arrest and the plaint must be rejected. He relied upon section 6. Section 6 is as follows: "The High Court of Admiralty shall have jurisdiction over any claim by the owner or consignee or assignee of any bill of lading of any goods carried into any port......ur Rahman, Advocates ‑ For the Plaintiff. M Hafizullah with SK Siddique, Advocates - For the Defendants. Admiralty Suit No. 21 of 1993. Judgment AM Mahmudur Rahman J.- The application for arrest of the vessel along with the application for injunction filed by the plaintiff are taken ......sistance rendered to me by the learned Counsels in deciding the case. In the facts and circumstances of the case I award no costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 740. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 383
KM Akhtaruzzaman Vs. Agrani Bank and others, 2003, 32 CLC (HCD)
.... down the records at once. The money deposited by the appellant for filing appeal in the Bankruptcy Court be refunded to the defendant No.3. Ed. This Case is also Reported in: 57 DLR (2005) 57. ......a. 3. The case of the plaintiff‑respondent Bank, in short, is that the Agrani Bank, Gulshan Branch, Granted a loan of Taka 28,6000 to the respondent Nos.2 and 3 and the appellant stood guarantor for the loan. Both the borrowers and the guarantor have defaulted in payment of the loan despite rep......ve been dismissed. He next argued that even if the guarantor is deemed to be included within the meaning of the word 'debtor' the appellant having not been guarantor of the borrowers for repayment of money borrowed by them, no proceeding under the Act could have been initiated against him. He next s..Category: Civil Law | Date: | Hits: 83
Rafia Begum Vs. Afroza Bewa and others, 2004, 33 CLC (HCD)
....living there on payment of municipal taxes, rent, etc. through her defendant husband who had no subsisting interest therein. Later on when her relationship with the defendant became strained over his claim of dowry the defendant through his sister's son Rabu asked the appellant to quit and vacate th......rdinate Judge, Second Court, Bogra in Other Class Suit No.2 of 1994 dismissing the suit. 2. The appellant as plaintiff filed the above suit against original defendant Dr. GM Enamul Huq (now dead) for simple declaration of her title in the suit land described in the schedule of the plaint allegin...... time and less amount of dower. They continued to live together as husband and wife as before and she gave birth to a son on 5‑5‑1986. The defendant constructed a building in the suit land by her money and began to live there with her. On 25‑11‑1989 the defendant in his rented house at Nisin..Category: Property Law | Date: | Hits: 63
Shahid Ali (Md.) and others Vs. Reza Mohammad & others, 2003, 32 CLC (HCD)
....ses including himself. They also exhibited documents in support of their respective cases. 6. Learned trial Judge found that between the deed of exchange dated 15‑3‑1976 whereby the petitioner claimed to have got opposite party No.4’s interest in the case holding by way of exchange and the ......It deserves mention here that during the pendency of this revisional application both the petitioner and opposite party No. 1 expired and their heirs were duly brought on record. 3. Facts relevant for the purpose of disposal of this revisional application, in short, are that the case khatian land......y. Communicate the order to the courts below at once. Also send down the lower Court's records with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 39. ..Category: Property Law | Date: | Hits: 79
Khokan Chandra Mondal and another Vs. Nanda Lal Mridha and another, 2010, 39 CLC (AD)
....ecution of the contract for sale in failing to consider that the plaintiffs did not examine the scribe and that they illegally believed P.W.3 the only witness examined to corroborate the plaintiffs claim, who had got admitted enmity with the defendant and that P.W.4 had admitted that he had no ide...... Sinha J. - This appeal by leave is directed against the judgment and order dated 10th July, 2000 of a Division Bench of the High Court Division in Civil Revision No.414 of 1999. 2. Facts relevant for disposal of the appeal are that the appellants (plaintiffs) instituted Title Suit No.45 of 199......ease of the suit land from him for pisciculture for two years from 1393 B.S. After the expiry of the term the defendant requested the plaintiffs to renew the lease but as they did not pay the lease money as per terms of the contract he decided not to renew the lease and intimated the said fact to ..Category: Civil Law | Date: | Hits: 55
Dipak Datta Bhola Vs. State, 2012, 41 CLC (AD)
....and thereafter, the respondent shall file the concise statement to make the appeal ready expeditiously. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ......rom the judgment and order dated 20th April, 2008 passed by the High Court Division in Death Reference No.85 of 2004 with Jail Appeal No.578 of 2004) Order Muhammad Imman Ali J. - This petition for leave to appeal at the instance of the condemned petitioner Dipak Datta Bhola is directed agains...... Md. Helaluddin Mollah, the learned Advocate appearing on behalf of the petitioner submits that the case against the petitioner was false and concocted by the police for failure to pay a large sum of money as demanded by the police officer and for refusing to compromise the case concerning the murde..Category: Criminal Law | Date: | Hits: 68
Pulin Mahajan Vs. State, 2011, 40 CLC (AD)
....the appellant did not file any criminal case about murder of his mother. According to the trial Court, these are the strong circumstancial evidence which are not consistent with the plea of innocence claimed by the appellant. 7. Now the crux of the points are whether (i) the appellant was presen......lodged an FIR with the Rawjan Police Station on the same day at about 8.30 p.m. against the appellant and two others. On the basis of a police report, the appellant and two others were put on trial before the learned Additional Sessions Judge, First Court, Chittagong in Sessions Trial Case No. 56 of......arned Additional Sessions Judge noticed that there are two versions in his confessional statements. In the first confessional statement Gopal implicated him in the murder and stated that for greed of money which Pulin allured him, he killed Khiroda Bala. He stated that Pulin promised to pay him Tk.5..Category: Criminal Law | Date: | Hits: 81
Shaw Wallace Bangladesh Limited Vs. Tofazzal Hossain, 1997, 26 CLC (HCD)
....B and B-1). Respondent No.1 received the amount in full and final settlement of his account with the petitioner company on 11-1-93 confirmed by duly signing the payment receipt that he had no further claim. 3. The respondent No.1 sent a grievance petition dated 17-1-93 under section 25A of the Em......E). 4. Thereafter, the respondent No.1 filed an application under section 15(2) of the Payment of Wages Act 1936 in the Third Labour Court, Dhaka claiming an amount of Taka 1,00,300.00 as gratuity for 20 years at the rate of two month’s wages for each completed year of service and Taka 11,340.0......wing kinds only, namely: (a) fines; (b) deductions for absence from duty; (c) deductions for damage to or loss of goods expressly entrusted to the employed person for custody; or for loss of money for which he is required to account, where such damage or loss is directly attributable to his..Category: Labour and Industrial Law | Date: | Hits: 255
State Vs. Abul Hashem, 1997, 26 CLC (HCD)
.... Hashem is altered to the sentence of imprisonment for life. Jail appeal No.1944 of 1992 is dismissed. Death Reference is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 17. ......Jail Appeal No.1944 of 1992. Judgment Mohammad Gholam Rabbani J.- Accused (1) Abul Kashem, (2) Abdul Malek, (3) Majid, (4) Harun-or-Rashid and (5) Jamaluddin (absconding) were placed on trial before the Court of Sessions Judge, Mymensingh, in Sessions Case No.102 of 1992. They were charged for......ent where P.W.1 with his family and others were traveling. These five persons were found to be dacoits. They suddenly asked the passengers to give up their belongings and then they snatched away cash money, wrist watch and other belongings from the passengers. They forcibly took money, one Seiko-5 w..Category: Criminal Law | Date: | Hits: 66
Soleman Bibi and another Vs. Administrator, Farajikandi Complex and others, 1992, 21 CLC (HCD)
....nother notice under section 6 of the said Ordinance was also published and served. It has been further alleged in the written objection that on enquiry no pond was found on Plot Nos. 1368 and 1369 as claimed by the plaintiffs and no trees allegedly planted on the bank of the said tank were also foun......East Bengal Vs. Dewan A Ali, 9 DLR 26; Secretary of State Vs. Mask & Co (PC), 67 IA at page 222; Abdul Rauf and others Vs. Abdul Hamid Khan and others, 17 DLR (SC) 515. Lawyers Involved: Lutfor Rahman Mondal, Advocate- For the Petitioners. SM Zillul Haque, Advocate‑For the Opposite Pa......nstructed a house upon the suit plot No. 2126, measuring 0.25 acre of land; that they also planted trees upon the banks of the tank and continued rearing fishes in the tank by spending huge amount of money; that their predecessor‑in‑interest Kadam was a refugee from India and that the defendant ..Category: Property Law | Date: | Hits: 47
Sarafat Hossain Vs. Dr. Islamuddin, 1992, 21 CLC (HCD)
....laintiff had never been a party to the power of attorney given to his elder brother Sagiruddin. It is false to state that this petitioner carried on joint business with the plaintiff, that plaintiffs claim of interest and title in suit properties has no foundation at all. 7. Both parties adduced ......ge Rangpur affirming those dated 18.7.85 in Other Suit No.20 of 173 by Subordinate Judge, Rangpur. 2. Facts giving rise to this Rule may briefly be put thus: Petitioner is the defendant in the aforesaid suit instituted by the opposite party as plaintiff for declaration of his title and interes...... Dinajpur. His brother the petitioner was a poor employee drawing only Tk. 45.00 as salary per month. Their father residing in India owned big property thereof. Father of Plaintiff and defendant sent money, gold ornaments to the petitioner for defraying his educational expenses. 4. Further case o..Category: Property Law | Date: | Hits: 74
Siraj Mal and others Vs. State, 1992, 21 CLC (HCD)
...., 1974 and as against the rest of the accused charge was framed under section 9 read with section 4(b)(c) of the same. The charges were read over to the accused who pleaded not guilty to the same and claimed to be tried. 4. The prosecution examined in all 15 P.Ws. and the defence examined only on......l, Nurul Islam alias Nuru under section 4(b) and 4(c) of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 (Ordinance LX of 1983) and sentencing each of them to suffer rigorous imprisonment for 14 years and to pay a fine of Tk. 10,000.00 each, in default to suffer rigorous imprisonment for...... earlier granted by this Court be discharged from his bail bond. Let the LC Records be sent down to the Court below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 688. ..Category: Criminal Law | Date: | Hits: 69
Wadiuzzaman Vs. Chairman, BIWTA and others, 1992, 21 CLC (HCD)
....ition No.378 of 1980 and by order of this Court he was reinstated with full benefits as the order of dismissal was found tainted with bias and mala fide and the Rule was made absolute. The petitioner claims that since, the dismissal order was declared illegally the respondent Authority could not acc...... three Rules were issued at the instance of the same petitioner Md. Wahiduzzaman against orders passed on behalf of Bangladesh Inland Water Transport Authority in a chain of connected events and therefore they are being disposed of by a single judgment. 5. In Writ Petition No.54 of 1988 Rule was ...... Annexures B4, B5 and B6. Because of his illness he could not draw his salary for the months of November and December, 1999 and he had to rush to Barisal without 2 (two) months arrear salary. With no money to pay his medical expenses, he filed an application at the directive of Authority's doctor, s..Category: Employment/Service Law | Date: | Hits: 116
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