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Anhar Ahamed Chowdhury and another Vs. Md. Shamsuzzaman and others, 2006, 35 CLC (HCD)
....e of the same at Taka 41,22,000 at a discount rate; that the plaintiff reserved the said apartment in his name as per the terms and conditions contained in the brochure of 'BLISS'; that the plaintiff completed an application form dated 12-3-1997 and paid the said discount price in full on 12-3- 1997...... This Case is also Reported in: 59 DLR (2007) 66. ......l contract need not be performed. So, according to him, the plaintiff misconceively instituted the instant suit for Specific Performance of Contract, rather he should go for arbitration which was the proper course of his redress. He adds that merely receiving of the money does not lead to an agreeme......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. ..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.
......
This Case is also Reported in: 59 DLR (2007) 58.
...... any report to the University Authority against the petitioners about the alleged allegations of slipping the answer scripts outside the Examination Hall but the disciplinary committee without making proper investigation as well as without giving chance to the petitioners of being heard, most illega......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
Siddiqur Rahman Vs. Chairman, Divisional Labour Court and others, 2006, 35 CLC (HCD)
....expeditiously in accordance with law. Send down the Lower Court Records and a copy of the judgment and order immediately. Ed. This Case is also Reported in: 59 DLR (2007) 49. ......Jurisdiction) Present: Md. Muzammel Hossain J Farid Ahmed J Siddiqur Rahman……………………………Petitioner Vs. Chairman, Divisional Labour Court and others……….Respondents Judgment March 12, 2006. Cases Referred To- ...... 1997 (Annexure-A) should not be declared to have been made without lawful authority and to be of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner was initially appointed on 26-1-1977 as Bag Checker worker under th...... notwithstanding the expiry of the said period of two years, shall continue on the panels till the new panels are constituted and notified in the official Gazette; (4A) The Chairman shall, for adjudication, enquiry, determination or disposal of a case relating to a specific industrial dispute..Category: Labour and Industrial Law | Date: | Hits: 108
AKM Abdul Latif Vs. Banani Metal Limited and others, 1998, 27 CLC (HCD)
....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. ...... ......espondent No. 2 has stated that the alleged loan was converted into a personal loan to this respondent mutually and it was gradually repaid and if there is any dues outstanding that can be settled by proper accounting outside the Court and, as such, the application for liquidation of the company is ......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. ..Category: Company Law | Date: | Hits: 239
.... 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.
......
Farah Mahbub J
Doly Enterprise & others………………………………………………………………Petitioners
Vs.
Additional District Judge, 1st Court, Dhaka and another…………Respondents
Judgment
October 19, 2006.
Cases Referred To......o accept the account payee cheque as security deposit in terms of section 42(1) of the Artha Rin Adalat Ain, 2003 and/or such other or further order or orders passed as to this Court may seem fit and proper.
2. Short facts relevant for the purpose of disposal of the Rule are as follows:
...... 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.
..
Category: Civil Law | Date: | Hits: 90
Nantu Mia alias Nandu Mia alias Namdu Miah and others Vs. State, 2006, 35 CLC (HCD)
.... hereby disposed of. Send down the lower Courts record 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) 30....... This Case is also Reported in: 59 DLR (2007) 30.......gestion that the injury certificates of the victims were fictitious, they were not under treatment in the Sherpur hospital, the occurrence did not take place as alleged by the prosecution and without proper investigation he submitted a perfunctory charge-sheet against the accused. He added that he a...... hereby disposed of. Send down the lower Courts record 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) 30...Category: Criminal Law | Date: | Hits: 44
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. ......his Case is also Reported in: 59 DLR (2007) 23. ...... 3/2 and 3/3 respectively. In cross-examination he stated that he did not mention the age of abrasion but it may have happened at the time of sexual intercourse. He denied the suggestion that without proper examination they submitted report in the Court. 23. PW 12 Ahmed Samim Al Raji, Magistrate,......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. ......ted in: 59 DLR (2007) 17. ......and accordingly, submitted charge-sheet on 19-6-1997. In cross-examination, he admitted that who wrote the first information report he did not detect it. He denied the defence suggestion that without proper investigation he submitted charge-sheet against the accused. 29. PW 16, Dr. MA Latif s......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
Jugal Kumar Das (Shovon Ahmed) Vs. State, 2004, 33 CLC (HCD)
.... of such improper Judgment. Let a copy of this judgment along with the LC records be sent to the concerned Court immediately. Ed. This Case is also Reported in: 59 DLR (2007) 11. ..............…………………………….….Respondent Judgment October 30, 2004 Lawyers involved: Shareef Ahmad, Advocate—For the Appellant. SM Aminur Rahim Chandan, Assistant Attorney-General—For the State. Criminal Appeal No. 195 of 1998. Ju......ant Attorney-General finally submits, that in this instant judgment appealed from there is no scope of interference, because the judgment of the trial Court delivered was perfect and was a product of proper adjudication. Therefore, the appeal is required to be dismissed by holding the same as not su......orney-General finally submits, that in this instant judgment appealed from there is no scope of interference, because the judgment of the trial Court delivered was perfect and was a product of proper adjudication. Therefore, the appeal is required to be dismissed by holding the same as not sustainab..Category: Criminal Law | Date: | Hits: 40
Abul Kashem Vs. State, 2005, 34 CLC (HCD)
....re from. The accused Alhaj Abul Hashem, who is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 1. ...... Siddiqur Rahman Miah J.- This revisional application under section 435 read with section 439 of the Code of Criminal Procedure at the instance of Alhaj Abul Kashem is directed against the judgment and order dated 13-3-2003 passed by the learned Metropolitan Additional Sessions Judge, Court No.2, ......rge against the accused Alhaj Abul Kashem is under section 420 of the Penal Code. 24. Section 420 of the Penal Code runs thus: Section 420. Cheating and dishonestly inducing delivery of property.- Whoever cheats and thereby dishonestly induces the person deceived to deliver any propert......re from. The accused Alhaj Abul Hashem, who is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 1. ..Category: Criminal Law | Date: | Hits: 41
Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)
....ows: “4. There will not be any restriction on the transfer of fully paid shares.” “14. We agree that all transfers of shares lodged with us will be returned by us to the shareholders duly completed within six weeks from the date of its receipt.” It is submitted that the company had ...... Court Division (Civil Original Jurisdiction) Present: Mainur Reza Chowdhury J Giasuddin Ahmed……………………………Petitioner Vs. Green Delta Insurance Company Limited and another…………….Respondents Judgment August 20, 1995. Cases Referred To- Sh......ndent No. 2. Mr. Md. Sarqum Ali, who is and was at all material times a member of the Board of Directors of the company. The sale of the said shares was as aforesaid through a duly signed and stamped proper instrument of transfer executed by both the transferor and the transferee as required under t......ation of share register of the respondent-company under section 38 of the Companies Act 1938 is reject without any order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2000) 41. ..Category: Company Law | Date: | Hits: 181
Mahmud Hussain Vs. Sayeb Ali & ors., 1988, 17 CLC (HCD)
.... in 38 DLR(HC) 262. I do find nothing to interfere with the impugned order. Hence the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 44. ...... 31 DLR 119, 29 DLR (HC) 111 & 31 DLR 119, 27 DLR 388, 38 DLR (HC) 41, 38 DLR (HC) 262, 38 DLR 435, 38 DLR (HC) 262. Lawyers Involved: Dewan AMS Zaman, Deputy Attorney General, Kibria Chowdhury and Akhlaque Rahman, Advocates — For the Petitioner. M.A. Mannan, Advocate — For the Opposi......s court in this rule. Other questions that incidentally arise are whether this court can interfere with the order of Election Tribunal in exercise of its Revisional Jurisdiction and whether it is proper for this court to interfere with the discretionary order of the Election Tribunal. 2. The ...... in 38 DLR(HC) 262. I do find nothing to interfere with the impugned order. Hence the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 44. ..Category: Election Law | Date: | Hits: 100
Ishaque Hossain Chowdhury Vs. Mrs. Shamsun Nessa Begum & ors., 1988, 17 CLC (HCD)
....t, and that the name of any person who ought to have been joined whether as plaintiff or defendant, or whose presence before, the court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit, be added. Under O......ate—For Opposite Party No. 1. Civil Revision No. 623 of 1988 Judgment Anwarul Hoque Chowdhury J.- This Rule arises out of an application under section 115 of the Code of Civil Procedure and is directed against the order dated 12-7-88 passed by the learned Assistant Judge, 6th Court, Dh...... 2 namely, Additional Deputy Commissioner Revenue, Dhaka, in charge of Vested Non-Resident Property and the Government of Bangladesh represented by Deputy Commissioner, Dhaka alleging that the suit property originally belonged to (1) Girish Chandra Mondal and (2) Rup Chand Mondal and while they we......he suit and pass judgment in accordance with law as it may deem fit and proper. Communicate this order to the court below at an early date. Ed. This Case is also Reported in: 41 DLR (1989) 22...Category: Property Law | Date: | Hits: 39
State Vs. Badshah Mollah, 1988, 17 CLC (HCD)
....y established. ii) those circumstances should be of a definite tendency unerringly pointing towards the guilt of the accused. iii) the circumstances taken cumulatively, should form a chain so complete that there is no escape from the conclusion that within all human probability the crime w......e water, while he was coming back home he raised alarm saying 'Abdul Khaleque, Abdul Khaleque'. Hearing this alarm the informant Md. Roisuddin, P.W. 1 went to the place of occurrence from his house and saw the dead body of deceased Babu Mollah with cut injuries on his throat. After a while accus......he occurrence and since then accused Badsha Mollah nourished grudge against deceased Babu Mollah and very often used to threat him with dire consequences for depriving him from the enjoyment of the property of his father. After the occurrence the informant P.W.1 went to the local Police Station ...... set aside. We direct that the condemned-prisoner Badsha Mollah be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 11...Category: Criminal Law | Date: | Hits: 42
Mahbubul Alam Vs. State, 1988, 17 CLC (HCD)
....result, the Rule is discharged. The accused-petitioner is directed to surrender to his bail bond to serve out the sentence awarded against him. Ed. This Case is also Reported in: 41 DLR (1989) 7.........Petitioner Vs. The State.......................................Opposite Party Judgment October 27, 1988. Cases Referred to- Jahangir Hossain Vs. The State, 7 BLD 366, Makhan Chandra Das and another Vs. Nimai Chandra Das, 21 DLR 384, Sultan Ahmed Vs. the State, 12 DLR at page ......ng evaluation of evidence by the Appellate Court. He also urges that the judgment of the Court of appeal was violative of the provision of section 367 Cr.P.C. as the learned Judge failed to formulate proper points for determination. It was further alleged that formalities of the provision of section......result, the Rule is discharged. The accused-petitioner is directed to surrender to his bail bond to serve out the sentence awarded against him. Ed. This Case is also Reported in: 41 DLR (1989) 7...Category: Criminal Law | Date: | Hits: 26
Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)
....t) months from the date of disbursement of first instalment and first instalment was paid on 14.10.80. 6. That the borrower/builder failed to maintain the schedule as per agreement/ undertaking to complete and deliver both the vessels by 30.6.83 but the same have not been delivered till today. ......84 with Criminal Revision No. 244 of 1984. Judgment ATM Afzal J.- These two Rules, at the instance of the respective accused-petitioners, were issued upon the Deputy Commissioner, Dhaka and the opposite party No.1 to show cause as to why the proceedings in petition case No. 563a/84 now......offence under section 406 Penal Code of which cognizance has been taken. He has argued that if it is found, however, that an offence of criminal breach of trust is not made out, the Court can frame a proper charge for any offence as may be disclosed upon evidence to be adduced at the trial. The lear......is liable to be quashed. Accordingly, the rules are made absolute and the impugned proceeding is quashed. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 46...Category: Criminal Law | Date: | Hits: 67
Bangladesh Shipping Corporation Vs. Rafique Ahmed, 1987, 16 CLC (HCD)
....s made above as expeditiously as possible preferably within two month from the date of receipt of this order. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 36.......lved: Ahsanul Kabir, Advocate - For the appellant. A.K.M. Shafiqur Rahman with Mostafa Kamal Pasha, Advocate - For the respondent. Cases Referred to- Md. Nurul Islam vs. Md. Abdur Rashid and oths.983BLD (AD) 310; Sardhri Lal vs. Ambika Pershad 15 Indian Appeals 1123JLR, 15 Cal 521 (P.C.......pping Corporation and directed the Bangladesh Shipping Corporation to deposit attached amount in Court and also directed the decree-holder to take steps and by order dated 25.5.86 the listed moveable properties, such as motor vehicles of the Bangladesh Shipping Corporation were attached and given in......s made above as expeditiously as possible preferably within two month from the date of receipt of this order. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 36...Category: Admiralty Law or Maritime Law | Date: | Hits: 212
Ala Meah, being dead his heirs are Syed Ali & ors. Vs. Ali Ahmed, 1986, 15 CLC (HCD)
....e claim of the plaintiff as to benami having failed this question has assumed importance and has now become decisive. I am, therefore, of the view that determination of this question is necessary for complete adjudication of the dispute between the parties. I think, therefore, that this case should ......-3. M. Fazlul Karim, Advocate - For the respondent. Appeal from Appellate Decree No. 331 of 1968. Judgment Bimalendu Bikash Roy Chowdhury J. - This appeal is directed against the judgment and decree dated 17.2.67 passed by the learned Subordinate Judge, 2nd Court, Chittagong in other App......eclaration that the kabala dated 12th August, 1948 standing in favour of defendant No. 1 was a benami document and also for permanent injunction restraining the defendants from entering into the suit property, damaging the huts and dispossessing the plaintiffs there from. It was bought by one Ala Mi......f the plaintiff as to benami having failed this question has assumed importance and has now become decisive. I am, therefore, of the view that determination of this question is necessary for complete adjudication of the dispute between the parties. I think, therefore, that this case should be remitt..Category: Property Law | Date: | Hits: 29
Abdul Khalek Khan Vs. Government of Bangladesh, 1986, 15 CLC (HCD)
.... point for consideration before their Lordships was whether order cancelling without show cause notice was valid or not. By such registration rights and obligation were created and nothing left to be completed for granting the registration licence. But in the instant case Before me the settlement di......s Involved: Abdus Sattar Howlader - For the appellant. Fakhrul Islam, Assistant Attorney General - For the Respondent. Second Appeal No. 855 of 1966 Appeal preferred against the Judgement and decree dated 18.2.1965 and 27.2.65 passed by Additional District Judge 3rd Court Barisal in Titl......on 80 of the Code of Civil Procedure and the suit was barred under Section 42 of the Specific Relief Act as the appellant had neither title nor possession in the suit land; that the suit was not also properly valued and the plaint was not sufficiently stamped; that appellant who was a Govt. servant ......Additional District Judge dismissing the suit is maintained. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 21...Category: Property Law | Date: | Hits: 36
KDH Laboratories Ltd. Vs. Pubali Bank and Ors., 1987, 16 CLC (HCD)
.... Court. All that the defendants can do on the date fixed for judgment or orders is to hear and receive the judgment of the Court, nothing else. The acceptance of the written statement was, therefore, completely unauthorised by any provision of law. Nor can section 151 of the Code of Civil Procedure ...... Court High Court Division (Civil) Present: Mustafa Kamal J AKM Sadeq J KDH Laboratories Ltd........................................................Petitioner. Vs. Pubali Bank and Ors……………………………………….OppParties. Judgment August 3, 1987. L......But the defendant may still fail to file a written statement. In a large majority of cases the trial Courts invariably fix cases for ex parte hearing, if the defendant so fails. This, however, is not proper, because a case can be fixed for ex parte hearing only under Order IX, rule 6 and Order XVII,......frain from interfering in the matter. In the result, the rule is discharged, but without any order as to costs. AKM SADEQ J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 1. ..Category: Civil Law | Date: | Hits: 83
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