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AMC Bennett and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....petition seems to be frivolous and without any substance. Accordingly, the Rule is discharged with cost of Taka 15,000 (fifteen thousand). Ed. This Case is also Reported in: 59 DLR (2007) 178.......petition seems to be frivolous and without any substance. Accordingly, the Rule is discharged with cost of Taka 15,000 (fifteen thousand). Ed. This Case is also Reported in: 59 DLR (2007) 178.......d also filed a supplementary affidavit-in-opposition stating, inter alia, that at the time of acquisition of the land in question the Rajdhani Unnayan Kartripakkha (RAJUK) placed the entire estimated amount of compensation for the lands to be acquired at the disposal of the Deputy Commissioner, Dhak..Category: Property Law | Date: | Hits: 34
AVP, Uttara Bank Ltd. Vs. Shahabuddin Khan and others, 2006, 35 CLC (HCD)
.... cost. Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 166. ......in section 2(v) of the Employment of Labour (Standing Orders) Act, 1965 and, as such, the suit was not barred under that Act and the order of his dismissal from service was passed in violation of the principle of natural justice as he was not given an opportunity of being heard and, as such, the dis...... cost. Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 166. ..Category: Employment/Service Law | Date: | Hits: 69
Continental Traders Vs. Bangladesh Textile Mills Corporation and others, 2006, 35 CLC (HCD)
....ore, dismissed. 23. The respective parties are directed to bear their respective costs. Send down the LC Records at once. Ed. This Case is also Reported in: 59 DLR (2007) 151. ......ore, dismissed. 23. The respective parties are directed to bear their respective costs. Send down the LC Records at once. Ed. This Case is also Reported in: 59 DLR (2007) 151. ......ndant No. 3 requesting him for the settlement of the same but the defendant No. 3 refused to settle the claim. Hence the suit. 4. During the pendency of the suit, plaintiff claimed the insured amount from defendant No. 4, who has satisfied the claim. Subsequently, the defendant No. 4 was su..Category: Civil Law | Date: | Hits: 87
Mirzaboo Steels Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....scharged. In the result, the Rule is discharged without any order as to costs. The stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 141. ......desh and others, 7 BLT (AD) 313 by observing that recommendation of a cabinet committee cannot be enforced through a writ for the simple reason that it is not law. 30. However, it is now a settled principle of law that Article 102 of the Constitution can be invoked only where the petitioner's rig...... of 1995 on 13-9-1995 in the court of Subordinate Judge (now the Joint District Judge), 1st Artha Rin Adalat, Chittagong against the loanee, the petitioner company as defendant for recovery of loan amounting to Taka 3,40,94,500.93 (Taka three crore forty lac ninety-four thousand five hundred and p..Category: Civil Law | Date: | Hits: 133
Abul Kalam (Md.) Vs. Md. Habuluddin and others, 2007, 36 CLC (HCD)
.... thousand. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 59 DLR (2007) 137. ......gainst an order of an Election Tribunal was mainly based on the erstwhile provision of section 115 of the Code that an Election Tribunal was "not a Court subordinate to the High Court Division". That principle could no more be now pressed into application in the exercise of revision jurisdiction by ...... thousand. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 59 DLR (2007) 137. ..Category: Election Law | Date: | Hits: 99
Monir Hossain Vs. Artha Rin Adalat No.4, Dhaka & others, 2010, 39 CLC (AD)
....Buses but till the filing of the suit the said two buses were neither registered nor insured although the plaintiff bank gave reminder on many times. The defendants-respondents also did not repay the installments of the loan as was fixed against the sanction of loan and thereby caused financial loss......rit petition is not legally maintainable. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 236. ...... 2. Short facts stated in the Writ Petition are that the respondent No. 2 instituted Title Suit No. 77 of 2000 for a preliminary decree of Tk. 85,66,535/- and in case of failure to pay the decretal amount, for passing a final decree for recovery of the decretal amount by selling the schedule prope..Category: Civil Law | Date: | Hits: 78
....e observations and direction made above.
Communicate a copy of this judgment to the respondent at once.
There is no order as to costs.
Ed.
This Case is also Reported in: 59 DLR (2007) 131.......0-11 -2006). Given our views above on the nature of this writ and the fact that we are faced here with an effective failure to exercise discretion given to the respondent under the Act, the governing principle here must be that the authority in which a discretion' is Vested can be compelled to exerc......e observations and direction made above.
Communicate a copy of this judgment to the respondent at once.
There is no order as to costs.
Ed.
This Case is also Reported in: 59 DLR (2007) 131...
Category: Information Technology Law | Date: | Hits: 171
Abdul Malek (Md) and another Vs. Sanowar Hossain and others, 2007, 36 CLC (HCD)
....er passed by the Court of Appeal below is affirmed. Let the lower Court records along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 124. ......er passed by the Court of Appeal below is affirmed. Let the lower Court records along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 124. ......lure of justice. Mr. Garib Newaz next submits that as per proviso to sub-section (3) of section 24 of the Non Agricultural Tenancy Act it is the duty of the court to make an inquiry into the disputed amount of Taka 2,50,000 incurred by the petitioners in improving the case land, but, curiously enoug..Category: Property Law | Date: | Hits: 39
Chairman, RAJUK Vs. Abdul Matin Crore, 2006, 35 CLC (HCD)
....uch expenditure. Subsequently, on the prayer of plaintiff dated 28-121992, the defendant by its office Memo No. RAJUK /Estate/1320 dated 10-6-1993 extended the period of payment of third and fourth installments upto 3112-1993. On 14-6-1993 the plaintiff made an undertaking in favour of defendant...... section 115 of the Evidence Act. 28. In the case of Moslem Ahamed Sarker (Md) vs. Abdul Khaleque and others reported in 50 DLR 616, it is held— "Before a party could be barred by the principle of estoppel, waiver and acquiescence it must be established that opposite party acted bona......Mouja Karwan Bazar, Police Station Ramna, District Dhaka measuring an area of 6 katha 12 chhatak as described in the schedule of the plaint by auction, at a price of Taka 14,30,000 per katha, total amounting to Taka 96,52,000 as the highest bidder. Thereafter, defendant vide its Office Letter da..Category: Property Law | Date: | Hits: 31
Fazlul Hoque Patwary (Md) & others Vs. Md. Rezaul Hoque Patwary & others, 2006, 35 CLC (HCD)
....Court, Lalmonirhat is hereby set aside and the petition filed under Order XXXIX, rule 1 of the Code of Civil Procedure is rejected. Ed. This Case is also Reported in: 59 DLR (2007) 115. ......n the case of Ali Ahmed vs. Rezia Begum and others reported in 1986 BLD 326. 4. On behalf of the respondent Nos. 10, 13 and 14, the learned Advocate Mr. MA Quayyum Chowdhury submitted that the principle of the law is, that if a co-sharer is in possession of specific portion of joint property ......Court, Lalmonirhat is hereby set aside and the petition filed under Order XXXIX, rule 1 of the Code of Civil Procedure is rejected. Ed. This Case is also Reported in: 59 DLR (2007) 115. ..Category: Property Law | Date: | Hits: 46
Nurjahan Begum Vs. Nur Rahman and Others, 2006, 35 CLC (HCD)
.... Joint District Judge, Court No. 1, Rangpur in Other Suit No. 30 of 1997 decreeing the suit in part is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 98....... to get title even on the basis of invalid title, though the defendant No. 1 did not specifically claim title by adverse possession vide the decision reported in 7 DLR 94. 31. It is an established principle of law that the revisional Court does not interfere in the concurrent finding of fact save...... Joint District Judge, Court No. 1, Rangpur in Other Suit No. 30 of 1997 decreeing the suit in part is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 98...Category: Property Law | Date: | Hits: 49
State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)
....pressed by us in this judgment. Send down the lower Court's records along with a copy of this judgment at once. Ed. This Case is also Reported in: 59 DLR (2007) 72, 26 BLD (HCD) (2006) 549. ......provides, inter alia, as follows: "24. All persons having contact with, or being responsible for, children in the criminal justice system should receive education and training in human rights, the principles and provisions of the Convention and other United Nations standards and norms in juvenile......pressed by us in this judgment. Send down the lower Court's records along with a copy of this judgment at once. Ed. This Case is also Reported in: 59 DLR (2007) 72, 26 BLD (HCD) (2006) 549. ..Category: Criminal Law | Date: | Hits: 167
Anhar Ahamed Chowdhury and another Vs. Md. Shamsuzzaman and others, 2006, 35 CLC (HCD)
....eedings of Title Execution Case No. 3 of 2003 granted earlier is recalled and stands vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 66. ......e is discretionary, and the Court is not bound to grant such relief merely because it is lawful to do so; but the discretion of the Court is not arbitrary but sound and reasonable, guided by judicial principles and capable of correction by a Court of appeal. He submits that as per provisions under s......ested him on several occasions to execute the agreement for sale but instead of signing the same the plaintiff requested the defendant Nos. 1 and 2 to arrange Income Tax clearance certificate for the amount he had paid. But the defendant Nos. 1 and 2 refused to do the same; that thereafter, they pro..Category: Business or Commercial Law | Date: | Hits: 208
....e said examination for the next consecutive three years is hereby declared to have been passed illegally and without any lawful authority.
Ed.
This Case is also Reported in: 59 DLR (2007) 58.
....... 29(12) empowers the authority of the University to impose any punishment on the recommendation of the disciplinary committee even where a misconduct committed by an examinee. As a matter of general principle, a Court of law does not like to interfere in the matter of imposition of punishment by th......e said examination for the next consecutive three years is hereby declared to have been passed illegally and without any lawful authority.
Ed.
This Case is also Reported in: 59 DLR (2007) 58.
..
Category: Others | Date: | Hits: 72
AKM Abdul Latif Vs. Banani Metal Limited and others, 1998, 27 CLC (HCD)
....0 (Taka four lac eight thousand nine hundred four) only was paid back to Mr. Latif. Balance amount of Taka 91,096.00 (Taka ninety-one thousand ninety-six) will be paid by Mr. Mosta Gausul Hoq in easy installments. Since Mr. AKM Abdul Latif caused huge financial loss by complaining to Bangladesh Shil......f default in making the payment does not arise. The application for winding up of the respondent Company is, accordingly, rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 62. ...... also executed on 13-11-89 between the respondent No.2 and the petitioner. The petitioner has contended that the respondent company entered into an agreement being agreed by all its directors that an amount of Taka 5,00,000.00 is needed to invest for development of designs of a few commercial items ..Category: Company Law | Date: | Hits: 239
Afzal Khan (Md) Vs. Md. Azmal Khan and others, 2006, 35 CLC (HCD)
....ed to proceed with the trial of the suit as expeditiously as possible. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 43. ......l Hoque vs. Sarafat Ali reported in 46 DLR 57. 14. We have considered the above submissions of the learned Advocates, examined the propriety of the impugned order vis-a-vis the law and the settled principles and it seems to us that in the facts and circumstances of the case the facts of proposed ...... party No. 1 and in this way after execution of that agreement the entire ownership and management of the partnership business transferred to the opposite party No. 1 and therefore he invested a huge amount of money for buying new pump and generator, etc. It has been further contended that the plain..Category: Property Law | Date: | Hits: 42
.... as amicus curiae.
Let a copy of this judgment and order be sent to the Court concerned for information and necessary action.
Ed.
This Case is also Reported in: 59 DLR (2007) 37.
...... as amicus curiae.
Let a copy of this judgment and order be sent to the Court concerned for information and necessary action.
Ed.
This Case is also Reported in: 59 DLR (2007) 37.
......nk Limited, Sadarghat Branch, Dhaka, being financial institution, instituted the Title Suit No.55 of 2001 in the Artha Adalat, 3rd Court, Dhaka against the loanee, the defendant, for recovery of loan amounting to Taka 7,00,603 (Taka seven lac six hundred and three) only. Ultimately, defendant-petiti..
Category: Civil Law | Date: | Hits: 90
Shaheen (Md) and ors. Vs. State, 2006, 35 CLC (HCD)
....ation made above. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 23. ......ging new evidence, which it did not or could not produce in the first trial. 37. As there is no legal evidence to support, the conviction of appellants Habib and Ripon and in view of the aforesaid principle we shall refrain to send back the case for fresh trial in respect of them. But there is ev......ation made above. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 23. ..Category: Criminal Law | Date: | Hits: 33
Gour Chandra Pal Vs. State, 2006, 35 CLC (HCD)
....long with LC record be sent to the Nari-o-Shishu Nirjatan Daman Bishes Adalat, Narail immediately for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 17. ......he material particulars by independent evidence on record it cannot be the sole basis for conviction. 39. We have carefully studied those decisions to the best of our ability. We find that the principle as enunciated in those decisions that if a confession is proved inculpatory in nature, tru......long with LC record be sent to the Nari-o-Shishu Nirjatan Daman Bishes Adalat, Narail immediately for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 17. ..Category: Criminal Law | Date: | Hits: 45
Eklimur Reza Khan Vs. State, 2005, 34 CLC (HCD)
....solute and the delay of 4132 days in filing the appeal be condoned. The office is directed to register the appeal in accordance with law. Ed. This Case is also Reported in: 59 DLR (2007) 7. ......aving not provided any special limitation for appeal in case of such trial in absentia as if held ex parte by committing fraud upon the Court by suppressing notice. It would be in consonance with the principle of natural justice that in such an appeal time would run from the day of appellant's knowl......metric tons of rice for 2nd instalment of the said scheme. But the accused Eklimur Reza Khan has not done the works of second instalment and criminally misappropriated 5.782 metric tons of rice which amounts to a valuation of Taka 56,894.88 and thus he committed offence under section 5(2) of the Pre..Category: Criminal Law | Date: | Hits: 31
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