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Nafisa Choudhury Vs. United Food Complex Ltd. and another, 2000, 29 CLC (HCD)

....s pursuant to the letter dated 16-4-1998. With the aforesaid directions the application is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 81. ......nsurance premium accrued thereon failing which either the second or third parties reserve their right to withdraw from this contract without any liability thereof and the money advanced by the second party (the respondent No. 3 and the petitioner) and the third parties (respondent No. 6 and 7) for i..

Category: Business or Commercial Law | Date: | Hits: 198

Safiqueuddin Ahmed (Md) and another Vs. House Building Finance Corporation, 2000, 29 CLC (HCD)

....ated 7-2-1989 passed by the learned District Judge in Miscellaneous Case No. 36 of 1984 is hereby affirmed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 80. ......isallowed the Miscellaneous Case setting aside the ex parte order on the ground that the loanee-petitioner could not prove his illness. Hence the present Rule. 4. None appears for the opposite party. 5. Mr. Shaheed Alam, the learned Advocate for the opposite party—House Building Corp..

Category: Procedural Law | Date: | Hits: 78

Shafiqur Rahman Vs. Bangladesh Jatiya Samabaya Bank, 2000, 29 CLC (HCD)

....ting Court at once. The order of stay granted earlier by this Court at the time of issuance of the Rule is hereby re-called and vacated. Ed. This Case is also Reported in: 53 DLR (2001) 78. ......der No.91 dated.13-09-86 passed by the executing Court, Subordinate Judge and Commercial Court No.1 at Dhaka in Money Execution Case No. 76 of 1985. 2. It appears from the record that opposite party Bangladesh Jatiya Samabaya Bank obtained a money decree dated 05-09-56 for Taka 49,604.08 in M..

Category: Civil Law | Date: | Hits: 82

Aleya Begum and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)

....quite in accordance with law and procedure. He further argues that the observance and compliance of the provisions of Act 24 of 1970 as amended vide President’s Order 85 of 1972 being directory any defect in the observance if disclosed or detected will not invalidate the act of eviction as already......ns, if any. He refers to the decision in the Case of Forkan Ali Vs. Bangladesh represented by Secretary Ministry of Home Affairs and others reported in 20 BLD (HC) at 415 of in which one of us was a party and shows that in spite of using word ‘shall’ in section 6 (2) of Bangladesh Rules (Speci..

Category: Property Law | Date: | Hits: 60

Nurul Islam Monzoor Vs. State and another, 2000, 29 CLC (HCD)

....ail (opposite party No. 2) for information and compliance and also to the learned Metropolitan Sessions Judge, Dhaka for compliance. Ed. This Case is also Reported in: 53 DLR (2001) 59. ......ost cruel manner murdered inside the Dhaka Central Jail on the shameful night of November 3, 1975 and the instant Case arises out of the said 1 incident. The accused-petitioner has been alleged to be party to the conspiracy to kill the four national leaders Cases being made out charges have admitted..

Category: Criminal Law | Date: | Hits: 26

Jarina Khatun & others Vs. Gani Howlader & others, 2000, 29 CLC (HCD)

.... observations, if necessary, on further evidence as may be adduced by the parties. The Court would abide by the ultimate result of the suit. Ed. This Case is also Reported in: 53 DLR (2001) 53. ......ve, then whether the application of the plaintiffs for amendment of the plaint should be allowed or not. If the Case is a fit Case for remand then where to send. The learned Advocate for the opposite party requests for remand to the appellate Court, in view of the delay. 31. I have already found ..

Category: Property Law | Date: | Hits: 22

Sonali Bank and others Vs. Md. Jalaluddin and another, 2000, 29 CLC (HCD)

....the Rule hereby stands vacated. Let the records be sent down at once so that the suit may be heard and disposed of as early as possible. Ed. This Case is also Reported in: 53 DLR (2000) 48. ......s Appeal No. 58 of 1992 affirming those dated 22-08-95 passed by the Senior Assistant Judge, at Sadar, Kishoreganj in Review Case No. 20 of 1990. 2. Facts are not disputed. On 22-01.7 opposite party-Plaintiff joined the defendant Bank as typist in Kishoreganj Branch. On 09-05-81 the plaintiff..

Category: Administrative Law | Date: | Hits: 165

Moshiur Rahman (Md.) Vs. State, 2000, 29 CLC (HCD)

....absolute. Let copies of this judgment and order be forwarded to the learned Sessions Judge and the petitioner for their future guidance. Ed. This Case is also Reported in: 53 DLR (2001) 42. ......ds withdrawal of his Magisterial power. 25. This conduct on the part of the learned Sessions Judge in choosing to term/address the learned Magistrate as an ‘accused’ when he was not even a party in the appeal, was wholly inappropriate and preposterous. It only highlights his own emotion w..

Category: Criminal Law | Date: | Hits: 29

Meridian International (Pvt) Ltd and another Vs. Rajdhani Unnayan Kartipakha (RAJUK) and others, 2000, 29 CLC (HCD)

....ful and proper. In the result, the Rule is discharged with costs of Taka 20,000.00 (twenty thousand) against the petitioners. Ed. This Case is also Reported in: 53 DLR (2001) 35. ......struction. In the above circumstances this writ petition is misconceived and the Rule is liable to be discharged. 10. The respondent No. 4, the owner of the premises, being the most interested party was allowed to file an affidavit-in opposition and this respondent No.4 in his affidavit-in-op..

Category: Property Law | Date: | Hits: 31

Islami Bank Bangladesh Ltd. and others Vs. Abdul Jalil and others, 1999, 28 CLC (HCD)

.... in his decision occasioning failure or justice and as such, the impugned order is liable to be set aside and is accordingly, set aside. Ed. This Case is also Reported in: 53 DLR (2001) 29. ......that apart from the question of Order 7 rule 11 of the Code of Civil Procedure the Court can also exercise its inherent power in order to stop such exhaustive limitation added for harassing the other party again. Justice Murshed has held as follows: “The principles involved as two-fo..

Category: Property Law | Date: | Hits: 61

Shaher Khatun & others Vs. State and another, 2000, 29 CLC (HCD)

.... 15-19 Md. Jaher Ali, Md. Sadeque Ali, Abdul Karim, Md. Amir Ali and Md. Emran Ali hereby confirmed in the facts and circumstances the Case. Ed. This Case is also Reported in: 53 DLR (2001) 19. ......anta Sarkar and others, reported in 44 DLR 533 and the Case of Noor Ahmed Vs. Fariduddin Ahmed and others, reported in BCR 1987 (AD) 152. 5. Md Amjad Hossain, the learned Advocate for the opposite party No.1, on the other hand, submits that the Assistant Commissioner (Land) while initiating a pro..

Category: Criminal Law | Date: | Hits: 59

Bangladesh Society for the Enforcement of Human Rights (BSEHR) and Others Vs. Government of Bangladesh and others, 2000, 29 CLC (HCD)

.... Let a copy of this judgment be sent to the Hon’ble Minister, Ministry of Home Affairs and Director General, Department of Social Services. Ed. This Case is also Reported in: 53 DLR (2001) 1. ...... have also observed about the arbitrary and illegal action and behaviors of the police in a judgment of this Court in recent past in the Case of BLAST Vs. Bangladesh 4 BLC 600 in which one of us is a party, inter alia, that- “Although there are many credit/bright side of the Police in our count..

Category: Constitutional Law | Date: | Hits: 264

State Vs. Md. Sadequl Islam Tusar and others, 2009, 38 CLC (AD)

....ence. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 134, 15 MLR (AD) (2010) 147, 19 BLT (AD) (2011) 160. ......house of the informant and demanded Tk.2,00,000/- and stated that if the informant would fail to give him the money, he (accused) would not come to Natore any more and for this reason they (informant party) should be prepared to pay very dearly. On the following morning, accused Sadequl Islam Tusar ..

Category: Criminal Law | Date: | Hits: 43

Md. Abdur Rahim Vs. Md. Amirul Islam & others, 2007, 36 CLC (AD)

.... Advocate could not point out any new materials for review of the impugned judgment. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 128. ...... of Subordinate Judge (now Joint District Judge), Rajshahi claiming pre-emption of the case land stating, inter alia, that the pre-emptor is a co-sharer in the case land by purchase and the opposite party Nos. 2 and 3 sold the case land by kabala dated 30.07.1996 to opposite party No.1 (pre-emptee)..

Category: Property Law | Date: | Hits: 20

Abul Hashem Vs. International Oil Mills Limited, 2009, 38 CLC (AD)

....es on premium to be paid and on other related matters. Civil Miscellaneous Petition is also disposed of in terms of this judgment. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 117. ......as required to take appropriate permission from the writ respondent No.3, i.e. Ministry of Industries for abandoning lease hold excess unutilized land of M/S Amin Agencies (1947) Limited to the third party and accordingly the writ respondent No.3 by its letter dated 30 .05.1989(Annexure-A) gave perm..

Category: Property Law | Date: | Hits: 33

Azam Reza Vs. State, 2010, 39 CLC (AD)

....ons as above we find nothing to interfere with the judgment of the High Court Division and according­ly both the petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 440. ...... in the bedroom on a cot with some injuries on the different parts of the body including one swelling on the back of the head. 6. On the same day at about 3.25 P.M. before arrival of the informant party the accused in writing informed Gulshan Police Station that the deceased commit­ted suicide b..

Category: Criminal Law | Date: | Hits: 100

Md. Abul Kashem Vs. Mahmudul Hasan @ Major General Mahmudul Hasan (Rtd.) and others, 2009, 38 CLC (AD)

....e no bearing upon the ultimate decision in the election petition. With this observation this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 404. ......in the official gazette on 1st January, 2009 declaring the applicant as returned candidate in con­stituency No.134, Tangail-5. The appli­cant contested the election as candidate of Mohajote (Jatiya party) and secured 1, 50,949 votes as against 74,455 votes secured by the petitioner. 9. The inst..

Category: Election Law | Date: | Hits: 116

Golam Mostafa Bhuiyan Vs. Abu Taher and others, 2009, 38 CLC (AD)

.... transferred. I find no merit in this petition. This Civil Petition for Leave to Appeal No.1442 of 2008 is therefore dismissed. Ed. This Case is also Reported in: VII ADC (2010) 400. ......azzaque Bhuiyan purchased some lands of plot No.2259 of D.S. No. 640 the petitioner is a tenant hold­ing lands contiguous to the lands of plot no. 2326. Said Abdur Razzaque Bhuiyan, the opposite party No.2 in the preemption case sold .291/2 acres of land of D.S. No.657 corresponding to M.R.R...

Category: Property Law | Date: | Hits: 33

Government of the Peoples Republic of Bangladesh and others Vs. Msst. Mostafa Begum, 2009, 38 CLC (AD)

....of 1992 by the writ petitioner would be of no help to the petitioner in challenging the abandoned nature of the property in question. End. This Case is also Reported in: VII ADC (2010) 388. ....... 5. Mr. Mahbubey Alam the learned Attorney General appearing for the peti­tioner submits would be of no avail to the writ petitioner inasmuch as the govern­ment of Bangladesh was not made a party in the said suit and is therefore not bound by the decree obtained therein. Further the decree..

Category: Property Law | Date: | Hits: 21

Saudi Arabian Airlines Corporation Vs. M/S. Saudi Bangladesh Services Company Limited, 2010, 39 CLC (AD)

....ng to interfere with the judg­ment of the High Court Division in setting aside the award. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 361. ......ion: the first one is the actual occurrence of pecuniary loss-the respondent failed to produce any documents supporting such loss and secondly such loss was within the contemplation of the defaulting party at the time the contract was made. Therefore the counterclaim of the respondent is baseless an..

Category: Alternative Dispute Resolution | Date: | Hits: 207