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Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Aziz Pipes Limited, 2003, 32 CLC (AD)

....ll realization of the decreetal amount if it is not paid within a period of 90 days from date. The parties are to bear their own costs. Ed. This Case is also Reported in: II ADC (2005) 221. ....... 1,55,40,000/-. The total disbursement ultimately was Tk. 2,32,23,003.71. The difference between sanctioned amount and actual dis­bursement was due to devaluation of Taka against US dollar over the period disbursement. The foreign currency loan was given from Saudi Grant-II. The loan agreement was..

Category: Civil Law | Date: | Hits: 126

State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)

....rected to take steps for disposal of the application in the light of our findings as above. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 82; 28 BLD (AD) (2008) 138; V ADC (2008) 796. ......of the High Court Division the appellants filed petition for leave to appeal and after hearing the parties this court granted leave to consider the submission that during the subsistence of Emergency period the High Court Division could not entertain the application for bail far less passing any ad-..

Category: Criminal Law | Date: | Hits: 100

Sumikin Bussan Corporation Vs. Chittagong Port Authority and Others, 2001, 30 CLC (HCD)

.... a bid determined as substantially non-responsive will be rejected by the purchaser and may not subsequently be made responsive by the bidder by correction of the non-conformity. 30. Clause 30.a.6 stipulated that the price bid of the bidder whose technical bid had been determined to be non-respon......00,000 as part of its bid. Admittedly every bidder furnished the bid money. And clause 18(7) provides that the bid security may be forfeited: (a) “if a bidder withdraws or amends his bid during the period from the deadline for submission of bid and the bid validity as well as extended period of va..

Category: Others | Date: | Hits: 153

Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)

.... 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.......Court Division followed by a regular leave petition and the Appellate Division by order dated 23-11-2000 dismissed his leave petition modifying his sentence from 5 years to 3 years 8 months being the period of sentence already undergone by the petitioner and maintained the fine as already imposed by..

Category: Constitutional Law | Date: | Hits: 202

Molla Mahjenul Islam Vs. State and others, 2001, 30 CLC (HCD)

....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....... lease granted by the Government vide order No. VII/376/73(1) 125 ME dated 10-2-1975 and 1382 BS and in pursuance of such order of lease, the Mutawalli of the Waqf Estate managed the suit Hat for the period between 10-2-1980 and 2-12-1982. Subsequently by Memo No. SLV/114/78/629(83) dated 2-11-1978 ..

Category: Property Law | Date: | Hits: 105

Anwar Hossain Vs. Election Commission of Bangladesh and others, 2001, 30 CLC (HCD)

....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. ...... required to inform this fact to the House as required of him under rule 178(3) of the Rules of Procedure of Parliament. If the Parliament was not in session, he was to do it during the inter-session period. In the present case, although the Speaker was convinced that the petitioner having joined th..

Category: Constitutional Law | Date: | Hits: 196

Modhumala Vs. Director, Housing and Judgment Building Research Institute & others, 2000, 29 CLC (HCD)

.... further directed that the petitioner should not be evicted without observing the provisions of law. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 540.......e thinks fit, that a person is an unauthorised occupant, he may issues in the prescribed manner, a notice directing such person to vacate the land, building or part thereof in his occupation within a period of seven days from the date of service of the notice. “Provided that the Deputy Commissi..

Category: Property Law | Date: | Hits: 97

Abdur Razzaque Mollah Vs. Md. Qayum Mollah & others, 2001, 30 CLC (HCD)

....handed over the loan money to the Contractor for the construction of his aforesaid dwelling house at Bagerhat. Later on a dwelling house was constructed but the loan money was not refunded within the stipulated date to the House Building Finance Corporation and as a result of which House Building Fi......d for the ends of justice; for that even in case of genuine agreement for alleged purchase, the plaintiff is not entitled to get decree of Specific Performance after long gap of 15 years within which period the price of the suit properties has gone up several hundred times and specific performance h..

Category: Civil Law | Date: | Hits: 71

Government of Bangladesh Vs. ASM Ferojuddin Bhuiyan, 2000, 29 CLC (HCD)

....t Judge, Second Court, Dhaka in Title Appeal No.136 of 1997 are maintained. Lower Courts Record be sent as immediate as possible. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 522. ......is of allotment and possession and title of plaintiff on the suit property was not proved. Learned Senior Assistant Judge then took the view that the plaintiff was required to prove possession over a period of 60 years in order to get decree of acquisition of title by adverse possession against Gove..

Category: Property Law | Date: | Hits: 83

Nazrul Islam (Md.) and others Vs. Bangladesh, represented by the Secretary Ministry of Commerce and others, 2001, 30 CLC (HCD)

....ry, Ministry of Commerce, Government of Bangladesh, for taking necessary action in accordance with law against the delinquent officers. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 519.......ts for the portion of the premises occupied by the petitioners since the sale-price of the case-property was not recovered from them. Accordingly, the petitioners promptly paid their rentals from the period from 1-1-1981 to 30-6-1991 by their pay order dated 10-8-1991 and also renewed their prayer t..

Category: Others | Date: | Hits: 96

Bengal Ceramic Industries Ltd. Vs. Chairman, Petro Bangla & others, 1984, 13 CLC (HCD)

....ule [Civil Rule No.205 (FM) of 1984] which has been heard along with the appeal, is also made absolute without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 516. ......itled to the use of gas according to its status as the consumer of gas. Its status as such was disturbed by the impugned action, and remedy was sought way of temporary mandatory injunction. It is for period of the suit and the Court has ample jurisdiction to grant such relief in the interest of adju..

Category: Others | Date: | Hits: 132

Sohail Thakur and others Vs. State, 1998, 27 CLC (HCD)

....rar is directed to send copy of this judgment to the Sessions Judges for their future guidance and compliance with the directions made above. Ed. This Case is also Reported in: 51 DLR (1999) 199.......rance given by their senior Advocates that they would not misuse the privilege of bail anymore. Thus it is clear that the learned Sessions Judge allowed the petitioners to continue as before for long period till granting bail to them on the dates mentioned above and not on merit and also did not dis..

Category: Criminal Law | Date: | Hits: 33

Abdur Rouf (Md.) and another Vs. State, 1998, 27 CLC (HCD)

....irected to surrender to their bail bonds immediately to serve out the sentence imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (1999) 192....... and Md. Shamsul Bari under sections 468/34 of the Penal Code and sentencing them thereunder to suffer RI for two years and to pay a fine of Taka 60,000.00 each, in default to suffer RI for a further period of six months. 2. The prosecution case, in short, is that the District Anti-Corruption Off..

Category: Criminal Law | Date: | Hits: 104

Syed Abdul Alim alias Lalu Vs. DC, Dhaka and others, 2005, 34 CLC (HCD)

....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. ......tify the Proclamation of the 24th March 1982 subsequent proclamations, proclamation orders, CMLA's order. Martial Law Regulation, Martial Law Orders including all other laws that were made during the period between 24th March, 1982 and the date of commencement of the Constitution (Seventh Amendment)..

Category: Criminal Law | Date: | Hits: 52

Bengal Bricks Industries Ltd. Vs. Al-haj Md. Ishaque Chowdhury and others, 2004, 33 CLC (HCD)

....e deed within three months of the agreement after obtaining necessary income tax certificate permission, etc and on receipt of the balance of the consideration. Failing which, defendant No. 3 further stipulated to hand over possession of said property. 11. There were originally three partners nam......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. ..

Category: Property Law | Date: | Hits: 71

Shamsul Haque Vs. Luna Fahmida Rahman and others, 2004, 33 CLC (HCD)

....l Haque in Other Suit No. 15 of 98 is directed to vacate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51.......y a Power of Attorney dated 16-6-85, Farida Rahman again appointed her father Hamiduddin Ahmed as her duly constituted attorney for construction of a house as per approved plan and design. During the period of construction of the house, Farida Rahman used to come to Bangladesh once/twice a year to s..

Category: Property Law | Date: | Hits: 139

Rupali Bank Ltd. and others Vs. Chairman, First Labour Court and others, 2005, 34 CLC (HCD)

....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.......enying the material allegations contending, inter alia, that the said labour cases were barred by limitation and that since the said employees were appointed on purely temporary basis for a temporary period their services came to an end after the job or the project against which they were appointed ..

Category: Employment/Service Law | Date: | Hits: 85

World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....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.......the power to amend the provisions of the agreement under section 90 of the BT Act. Section 90 of the BT Act runs as follows: 90. Existing licences and other authorizations to continue for limited period. —(1) Any person who, on the commencement of this Act, has a right to establish a telecommu..

Category: Information Technology Law | Date: | Hits: 321

Annada Prosad Das Vs. DC, Khulna and others, 2001, 30 CLC (HCD)

....ppeal is allowed, the judgments and decrees of the Courts below are set aside and the suit is decreed in full. No order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 496.......e a citizen of Bangladesh if he fulfils the requirements under article 2 and is not disqualified under clause (1) of Article 2(B) 1.” 20. In the instant case, the petitioner lived India for some period and even the case of respondent that the appellant became a citizen of India could not be pro..

Category: Immigration and Citizenship Law | Date: | Hits: 190

Bangladesh Forest Industries Development Corporation and others Vs. Sheikh Abdul Jabbar, 2002, 31 CLC (HCD)

....ainable. For the reasons stated above, we do not find a substance in this Rule, which is discharged without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 488. ......ration (BFIDC) appointed the opposite party Supervisor in the Timber Extraction Project, Kaptai on master roll basis. The Board of Directors, BFIDC, suspected huge financial irregularities during the period 1988 in Timber Extraction Project. An investigation was made and the Investigation Team submi..

Category: Civil Law | Date: | Hits: 89