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Bangladesh Sugar and Food Industries Corporation Vs. Depak Kumar Pal and others, 2011, 40 CLC (AD)
....k. 1,000/- is to be deposited within 1(one) month. The order of status quo granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 508.......cted by A.K.M. Shahidul Huq, Advocate-on-Record- For the Petitioner. Fida M. Kamal, Senior Advocate, instructed by Syed Mahhubur Rahman, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.201 of 2010. (From the judgment and order dated 31.05.2010 passed by the H......r to restrain the writ petitioners from Trade Union activities and to deprive them of getting over-time facilities. It is further admitted by BSFIC that by doing so BSFIC saved considerable amount of money. (f) Subsequently, designation of Mr. Anwar Hossain Khan, Mr. Rafiqul Islam and Mr. Mohsin ..Category: Employment/Service Law | Date: | Hits: 85
Continental Traders (BD) Ltd. Vs. Co. and GE Sea Services Ltd & others, 2011, 40 CLC (HCD)
....হাজের ব্যবহার বা ভাড়া সংক্রান্ত চুক্তি হইতে উদ্ভুত কোন দাবী” and the defendant petitioner do not claim any title on the containers and agreeable to deliver the containers to the owners and or to th......titioners. Ajmalul Hossain, QC, Senior Advocate instructed by Monlavi Md. Wahidullah, Advocate-on-Record-For the Respondent No.1. Not represented-For the Respondent Nos. 2-4. Civil Petition for Leave to Appeal No.138 of 2010. (From the judgment and order dated 14.01.2010 passed by the H......earing of the appeal. The parties are at liberty to mention the appeal for expeditiously hearing as and when the appeal is ready. Ed. This Case is also Reported in: VIII ADC (2011) 505. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 338
Md. Kabir Hossain and others Vs. Abdur Razzak Mallik and others, 2010, 39 CLC (AD)
....sufficiently proved that he had knowledge that Rahman Ali got some lands from his father and that he had also knowledge about the decree passed in Title Suit No.138 of 1969. In view of the above, the claim of the plaintiffs that they had no knowledge about the decree passed in the said suit is bas......rd-For the Petitioners. M.M. Abdul Quayum, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No.1. Not Represented-For Respondent Nos.2-9. Civil Petition for Leave to Appeal No.2469 of 2009. (From the judgment and order dated 7.5.2009 passed by the Hi......ivision on the point of limitation. In view of the above, we find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 486. ..Category: Property Law | Date: | Hits: 62
Tuglak Khan Vs. Md. Sultan Nasiruddin, 1991, 20 CLC (HCD)
....ces of the case, the parties are directed to bear their respective costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 615. ...... Dhaka on 6.8.1990 in Title Appeal No.319 of 1989 whereby he affirmed the judgment and decree passed by the 1st Senior Assistant Judge, Dhaka on 5.11.89, in Title Suit No.98 of 1984. 2. The suit before the learned Assistant Judge was for declaration that the deed of Hiba‑Bil‑Ewaz purported to......land attracted in the deed of Hiba‑Bil‑Ewaz executed by his father and while in such possession he felt the necessity of procuring an amount of Tk. 25000.00 in November, 1983, in order to pay the money to his son‑in‑law Golap Miah who had been recently married to his daughter and having no s..Category: Property Law | Date: | Hits: 87
Abu Sufian and Others Vs. State, 1993, 22 CLC (HCD)
....annot be concluded within the specified period (which after the amendment is 360 days) the trial is not to stop and the accused are not to be released, but the accused held that can have a reasonable claim to get bail only. 12. Mr. Md. Ismail Khan, the learned Advocate for the petitioner however ...... in view of section 339C of the Code of Criminal Procedure. We omit the facts of the case as they are not necessary. The pertinent facts are that the learned Sessions Judge received the Sessions case for trial on 26.2.90 and by an order of the same date fixed 4.3.90 for framing charge against the ac......Sessions Case No.12 of 1990 be stopped and the accuseds be released for the present. Both the Rules are governed by this Judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 610. ..Category: Criminal Law | Date: | Hits: 58
....ring into a contract of sale with the admitted original lessee, and as such, she is entitled to enforce these rights against the respondent No.1 who stepped into the shoes of the original owner after claiming the disputed house as vested property. Mr. Farooque has also argued that the Court of Settl......dents of Bangladesh. The disputed house was leased out by the erstwhile Government of East Pakistan to one Md. Moinuddin, son of late Md. Hanif on hire purchase system under the rehabilitation scheme for a period of 99 years on basis of a registered deed of lease executed and registered on 1.2.63 by......iving an advance of Taka 6000.00 executed a deed of agreement on 12.10.70 in favour of the petitioner No.1 stipulating to execute and register the sale deed on receipt of the balance of consideration money. Md. Moinuddin also delivered possession of the disputed house to the petitioner No.1 in part ..
Category: Property Law | Date: | Hits: 89
Eurco Explorer Co. Ltd. Athens Greece and others Vs. Grain Bank Ltd., 1992, 21 CLC (HCD)
....he ground that as the opposite party 1 had no locus standi to file the suit the application for attachment was to be rejected. It was further stated that the plaintiff as Charterer is not entitled to claim any amount for payment to the consignee or the Customs Authority for the alleged loss. The pet...... Ahmed, Advocate ‑ For the Opposite Party. Civil Revision No.457 of 1988. Judgment AM Mahmudur Rahman J.- The petitioners obtained this Rule against the order of an ad interim attachment before judgment passed on March 7, 1988 by the learned Subordinate Judge, 2nd Court, Chittagong in Mon......equent upon the illegal impugned order. In the result, the rule is made absolute. The parties are to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 591. ..Category: Civil Law | Date: | Hits: 75
Mst. Momtaz Begum Vs. Anowar Hossain, 2011, 40 CLC (AD)
....ts giving rise to them and in order to resolve them the facts in some detail are necessary. 2. Appellant instituted a suit against the respondent for dower and maintenance in the Family Court. She claimed that though their marriage was solemnized according to Mohammedan Law, the Kabinnama was not......stract questions which can be divorced from the facts giving rise to them and in order to resolve them the facts in some detail are necessary. 2. Appellant instituted a suit against the respondent for dower and maintenance in the Family Court. She claimed that though their marriage was solemnized...... find merit in contention of Dr. Rabia Bhuiyan. The appeal is, therefore, allowed with costs of Tk.10,000/-. Ed. This Case is also Reported in: VII ADC (2011) 855; 17 MLR (AD) (2012) 201. ..Category: Family Law | Date: | Hits: 318
Abdul Karim Vs. Shamsul Alam, 1993, 22 CLC (HCD)
....sition of additional duty. In the result, the appeal is dismissed. The impugned judgment of the Court of appeal below is returned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 578. ......onviction of the respondent No.1 Shamsul Alam under section 420 of the Penal Code and sentence of six months' rigorous imprisonment and fine of Tk. 5000.00, in default to suffer rigorous imprisonment for two months imposed by judgment dated 9.3.86 passed by the Metropolitan Magistrate, Dhaka in Peti...... used to sell his imported motor pumps through the complainant's initial intention of cheating the appellant at the time shop by delivering the same in Dhaka and there was of receiving the amounts of money from him though no agreement to deliver any motor pump to the complainant in Chittagong. Due t..Category: Criminal Law | Date: | Hits: 69
Mobarak Ali Gazi (Md.) Vs. State, 2003, 32 CLC (HCD)
....s convict petitioner under sections 461 and 381 of the Penal Code. The learned Magistrate after hearing framed charge under section 461 and 381 of the Penal Code. The petitioner denied the charge and claimed to be tried. Accordingly, the trial was held and the learned trial Court found the petitione......82 of 1995 should not be set aside. 2. Facts necessary to dispose of this revision in brief, is that on 6‑10‑1995 Head Mistress of Satkhira Government Girls' High Court School lodged a first information report at the Satkhira Police Station that at 2‑30 PM a theft was committed in her offic......e chamber of the Head Mistress. In the meantime on 20‑10‑1996 the Head Mistress along with some teachers held a meeting in her chamber when this convict petitioner admitted that he has stolen the money and he will refund the same. But the money was not refunded and the police submitted charge sh..Category: Criminal Law | Date: | Hits: 62
Narendra Nath Biswas Vs. Sunil Kumar Biswas, 1993, 22 CLC (HCD)
....ted the said application was registered as a suit on 27.8.1973 by the District Judge Jessore. 4. Defendant Nos. 1 and 2 and the plaintiff filed a joint petition of compromise admitting plaintiff's claim. But the defendant Nos. 3‑7 contested the suit by filing a joint written statement denying e......3. The case of the plaintiff is that on 1.4.1957 the said Parash sold some lands to him by a registered sale deed Ext. 1 in repayment of the sum of Tk. 600.00 borrowed from him to meet expenses to perform puja, etc. and executed the said kabala by putting his thumb impressions as he could not put hi......e execution and attestation of the will. We therefore find no merit in the appeal. In the result, the appeal is dismissed with cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 567...Category: Property Law | Date: | Hits: 78
Nurul Islam Palan & and Others Vs. Harez Ali Palan & others, 1993, 22 CLC (HCD)
....rdinate Judge, 4th Court, Dhaka in Tide Suit No.68 of 1956 allowing partition of the suit properties. 2. Plaintiff‑respondent Nos. 1 to 6 filed the aforesaid Title (Partition) Suit No.68 of 1956 claiming 10 annas 7 337/720 gandas share of 20.07 acres of land described in 'Ka' schedule of the pl......nt and decree dated 30.6.67 passed by the Subordinate Judge, 4th Court, Dhaka in Tide Suit No.68 of 1956 allowing partition of the suit properties. 2. Plaintiff‑respondent Nos. 1 to 6 filed the aforesaid Title (Partition) Suit No.68 of 1956 claiming 10 annas 7 337/720 gandas share of 20.07 acre......em 7 annas 12 gandas share of the suit properties measuring 20.07 acres and the impugned judgment and decree is modified accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 558. ..Category: Property Law | Date: | Hits: 57
Hosne Ara Begum Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (HCD)
....inst the judgment and decree passed in Money Suit No.9 of 1985 by the learned Subordinate Judge, First Court, Dhaka, dismissing the suit. 2. Plaintiff is the appellant before this Court. Plaintiff claims right and title over the suit property by purchase. We need not go into the detailed discussi......irst Appeal is directed against the judgment and decree passed in Money Suit No.9 of 1985 by the learned Subordinate Judge, First Court, Dhaka, dismissing the suit. 2. Plaintiff is the appellant before this Court. Plaintiff claims right and title over the suit property by purchase. We need not go......t it was not required for it to consider the question of title, since the Matter went up to the highest Court of the country which settled it once and for all. 3. This is a suit for realisation of money on account of damages, compensation and mesne profits. In paragraph 16 of the plaint it is ass..Category: Property Law | Date: | Hits: 75
Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others, 2010, 39 CLC (AD)
....proved the said acquisition on 18th August, 1990. On 28th August, 1990 the Land Acquisition Officer published a notice under section 6(1) of the Ordinance asking the affected persons to produce their claims of compensation and on 7th April, 1991 the writ respondent No. 2 estimated the price of dispu......n providing assistance in the fields of education, culture, social welfare, health care etc. In 1989 it applied to the Government to arrange them 1 (one) acre of land in exchange of money at Gazipur, for the purpose of establishment of it's building complex and the writ respondent no.2, the Deputy C......acquisition proceedings would abate under section 12 of the Acquisition and Requisition of Immovable Property Ordinances, 1982 (the Ordinance) if the requiring body failed to deposit the compensation money within the stipulated period of one year from the date of decision of the acquiring authority,..Category: Property Law | Date: | Hits: 93
Md. Nurul Hoque Sarkar @ Nurul Huq Vs. State and others, 2009, 38 CLC (AD)
.... law and we find no illegality in the judgment and order passed by the High Court Division and accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 430. ......sed. Lawyers Involved: Muhammad Nazrul Islam, Senior Advocate instructed by Nurul Islam Bhuiya, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No.267 of 2007. (From the judgment and order dated 25.03.2007 passed by the H......including the petitioners. According to the said petition of complaint the complainant is a bank with branches situated in different countries providing various financial services including lending money. On the other had accused Nos. 1 to 7 (of the complaint) are owners of their respective busi..Category: Criminal Law | Date: | Hits: 85
Momtaz Begum Vs. Md. Anwar Hossain, 2007, 36 CLC (AD)
....ppearing for the petitioner submits that the High Court Division failed to consider the complaint petition in its true perspective by observing that "in the complaint there are clear allegations of claim of dowry against the accused-petitioner and her mother" ignoring the fact that the complaint-p......D (AD) 185. Lawyers Involved: Mahbubay Alam, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. None represented-For the Respondent. Criminal Petition for Leave to Appeal No.72 of 2006. (From the judgment and order dated the 20th October, 2003 pass......f the accused-petitioner in local Bank; that the accused-petitioner maintained relationship with the Captain of Pakistan Army and look a meaningful financial benefit; that the accused-petitioner took money and ornaments from two previous marriage at Bhandaria and Moralganj; that it was not possibl..Category: Criminal Law | Date: | Hits: 165
Md. Nurul Absar Vs. State, 2008, 37 CLC (AD)
....gs and submissions of learned Advocate for the appellant, we find no substance in this appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 423. ......of Corruption Act, 1947 passed by the Court of Divisional Special Judge, Chittagong dated 26-09-1999 in Special Case No.52 of 1994. 2. The appellant was sentenced to suffer rigorous imprisonment for a period of 2 years and to pay a fine of Tk. 6,00000/- (Six lac), in default of payment, to su......count from the fund of the Pourashava and that through different cheques the appellant during the period from 04.12.1984 to 08.02.1986 withdrew a total sum of Tk. 10,99,700/- and without spending the money for the development of the Pourashava he misappropriated the amount. On the aforesaid allegati..Category: Criminal Law | Date: | Hits: 89
Sreemoti Shipra Shaha Vs. Judge, Artha Rin Adalat No.3, Dhaka and others, 2009, 38 CLC (AD)
....one by someone else in the name of the petitioner and she also never stood guarantor against any loan transaction. That Title Suit No.244 of 1991 was filed against her by the respondent bank on false claim and that suit was decreed ex-parte beyond her knowledge. Subsequently, that decree was put int......d. Mamunur Rashid, Advocate (appeared with leave of the Court) instructed by Syed Mahbubar Rahman, Advocate-on-Record-For Respondent No.2. None represented-For Respondent No.1. Civil Petition for Leave to Appeal No.1274 of 2008. (From the judgment and order dated the 13th day of May, 2008......the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)149...Category: Civil Law | Date: | Hits: 94
Sheikh Hassan Vs. Mst. Shiriya Begum and another, 2009, 38 CLC (AD)
....cord arrived at a correct decision and accordingly there is no cogent reason to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 146.......e-on-Record- For the petitioner. Abdul Aziz Chowdhury, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Respondent No.1. Not represented- Respondent No.2. Civil Petition for Leave to Appeal No.1211 of 2008. (From the judgment and order dated 28.2.2008 passed by the H....... 2. The respondent, as plaintiff, filed the above suit praying for specific performance of contract on the averments that defendant No.1/petitioner, on accepting Tk.21, 000.00 from her as earnest money, agreed to sell the suit land to her at a price of Tk.35, 000.00 and the defendant No.1 also e..Category: Property Law | Date: | Hits: 54
Bangladesh Steel & Engineering Corporation Vs. Arif A. Shekha and others, 2010, 39 CLC (AD)
.... sister enterprises of the said company in which major shares were held by the same group of persons were released to the shareholders by the Government being satisfied as to the genuineness of their claim. Suddenly appellant No.1 received the impugned Memo No. Shilpa/Dairy No.037/DT-2-/87/3028 date......ion No.72 of 2008. (From the judgment and order dated 04.06.2007 passed by this Division in Civil Appeal Nos. 33-34 of 1997 and 40 of 2000.) Judgment Md. Abdul Matin J.- This review petition for leave to appeal is directed against the judgment and order dated 04.06.2007 passed by this Divis......lawful authority. No case has been made out for review. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)137. ..Category: Business or Commercial Law | Date: | Hits: 195
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