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Bangladesh Water Development Board Vs. Contractor, Manu Barrage, 2000, 29 CLC (HCD)
....ised by both the plaintiff and the defendant the award was set aside by the court by its order dated 17-11-1991 23. Before we consider the merits of claims of the plaintiff; we must dispose of the legal issue on the maintainability of the suit as raised by Mr. Rafiqur Rahman. We find that in allo......ll realisation. The parties are directed to bear their own respective costs. Send down the record of the case without any further delay. Ed. This Case is also Reported in: 53 DLR (2001) 200. ..Category: Civil Law | Date: | Hits: 132
Motaleb Hossain (Md) Vs. State and another, 2000, 29 CLC (HCD)
....or there way any initial deception on his part. So, the learned Advocate submits that taking of cognizance and ultimately framing of charge against the accused petitioner under those sections was not legal. In this connection, with reference to the petition of complaint he has invited our attention ...... Magistrate ‘Ka’ Zone, Sirajganj is quashed. The accused petitioner is discharged from his bail bonds. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 198. ..Category: Criminal Law | Date: | Hits: 42
Abdul Wahab Biswas Vs. Abdul Matin Miah & others, 1999, 28 CLC (HCD)
....rict Judge on the date fixed for admission of the appeal without serving any notice to the plaintiff respondents or giving any chance of hearing to the plaintiff respondents depriving them from their legal right of hearing which has occasioned serious failure of justice. He further submits that the ....... The learned District Judge should be careful henceforth in passing orders so that it may not be repeated. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 196...Category: Procedural Law | Date: | Hits: 81
Abdul Kader @ Kada and others Vs. State, 2010, 39 CLC (AD)
....aw, that considering the time and place of occurrence at dead of night inside the hut corroboration by independent witnesses not being possible, acquittal of the respondents on the said ground is not legal. 16. As seen from the materials on record that immediately after the incident P.W.'s 1, 4 a......e above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 531. ..Category: Criminal Law | Date: | Hits: 57
Hazi Sanjob Ali Vs. Hurmuj Ali and others, 2010, 39 CLC (AD)
....the last settlement operation in separate khatians. Among the settlement holders Shahar Ullah died leaving late Mahram Ullah predecessors of plaintiff Nos.4-8 and plaintiff Nos.1-3 as his surviving legal heirs who are in peaceful possession of the suit land till today. The suit plot had been recor...... appeal and affirmed the judgment of the trial court. 7. Being aggrieved the plaintiff moved Civil Revision No. 5892 of 2001 before the High Court Division and obtained Rule along with an order of status-quo in respect of possession of the suit land by the parties. 8. The said Rule was heard b..Category: Property Law | Date: | Hits: 28
Md. Abu Zafar Shahid and others Vs. Mrs. Joinab Begum and others, 2009, 38 CLC (AD)
....ivision by judgment and order dated 24.6.1986 made the rule absolute and allotted 4 annas saham to the defendant Nos.8-16. In the mean time, the plaintiff No.1 died and the plaintiff No.2 being the legal heir of plaintiff No.1 prayed for allotment of two annas saham of plaintiff No.1 in his favour...... on record arrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 499...Category: Property Law | Date: | Hits: 17
Ebrahim Steel Re-Rolling Industries (Pvt.) Limited Vs. Bangladesh and others, 2010, 39 CLC (AD)
.... to TK. 2,97,50,238.00 on condition that the petitioner would repay the outstanding amount of TK. 21,24,733.08 in two years in 8 quarterly installment and also an additional sum of TK. 25,000.00 as legal expenditure. Subsequently, on 01.12.1999 the respondent No.4 wrote another letter to the pet......we find no substance in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 495. ..Category: Banking Law | Date: | Hits: 95
Charupado Mondol and others Vs. Chinmay Bachar and others, 2009, 38 CLC (AD)
....nder and his daughters never inherited the suit property. It was also stated that Kali Charan died leaving a widow Tanti Bewa whose name was also recorded in the khatian and said Tanti Bewa for her legal necessity leased out her 23 share to Nakul by patta dated 16.03.1932. Thereafter, Nukul took t......judicata in the instant suit, and the trial Court, if the question is so raised, is directed to decide the same in accordance with law. Ed. This Case is also Reported in: VII ADC (2010) 492. ..Category: Procedural Law | Date: | Hits: 95
....18.09.1978 are forged, null, void, collusive and not binding upon the plaintiffs.
3. The plaintiffs' case is that their predecessor Younus Miah purchased 1.43 acres out of the suit land from the legal heirs of Kabir Ahmed, the predecessor of the defendant Nos.21-24, vide registered deed No.1678......order passed by the High Court Division and thus do not find any substance in the leave petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 486...
Category: Property Law | Date: | Hits: 38
Prime Finance and Investment Limited Vs. Delwar H. Khan and others, 2009, 38 CLC (AD)
.... the impugned judgment and order is liable to be set aside; that after deliberate and fraudulent acts and omissions of respondent No. 1 and his cohorts in the company pushing it at the verge of its legal death resulting in consecutive yearly financial losses, the purposes of taking loans from the ......he above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 459. ..Category: Company Law | Date: | Hits: 197
Government of Bangladesh and another Vs. Mohiuddin, 2009, 38 CLC (AD)
....72 is absolutely wrong, without any evidence on record, either oral or documentary or without any pleading on behalf of the Government before the Court of Settlement and hence the impugned order is illegal and ultra vires and as such, the appeal is liable to be dismissed. 7. It appears from the r...... injunction, but injunction was not given. Thereafter, the respondent preferred an appeal which was heard and disposed of by the Subordinate Judge, 4th Court, Dhaka who passed an order of maintaining status quo in respect of the suit property. In the meantime, the Martial Law was promulgated whereup..Category: Property Law | Date: | Hits: 24
Anti-Corruption Commission Vs. Dr. Muhiuddin Khan Alamgir and others, 2010, 39 CLC (AD)
....A supplementary charge sheet was also submitted on 21.05.2007 against the respondent no.1, bringing the allegation of concealment of total Tk.3,27,88,465/-which he allegedly acquired beyond his known legal source of income and the learned Special Judge framed Charge under sections 26(2) and 27(1) of......dy been acquitted on merit of the case as is in this case. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 290, VIII ADC (2011) 78. ..Category: Anti-Corruption Laws | Date: | Hits: 231
Anti Corruption Commission Vs. Shah Alam Chowdhury and others, 2007, 36 CLC (AD)
.... the same amount of Tk.50 lace to the Council. The audit authority recommended for taking appropriate action against the accused persons but no action was taken by the Council to cover up their own illegal act. 3. The writ petitioner filed the writ petition on the ground that there was no prima f......ith as prayed for. Order of the High Court Division dated 11th November, 2007 passed in Writ Petition No.9613 of 2007 is stayed till hearing of the appeal. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: | Hits: 159
....of the company in the Court of 1st, learned Subordinate Judge, Narayanganj seeking a declaration that the gas bills for the months of February, 1998 to August, 1998 amounting to Tk.11,15,044/60 are illegal and issued without jurisdiction and not binding upon the plaintiff-respondent. After filing of...... the plaintiff-respondent. After filing of the suit the plaintiff-respondent filed an application for temporary injunction upon which the court below passed an order directing the parties to maintain status-quo till 05.01.1999 and also ordered the petitioner to pay the defendant No.2-petitioners com..
Category: Civil Law | Date: | Hits: 82
Dr. Mohiuddin Farooque Vs. Bangladesh & others, 2001, 30 CLC (HCD)
....s required under the provisions of the Act and the Rules made there under and no excuse would be accepted in the performance of their such primary obligations.” 19. In the back-drop of the above legal position, the following directions were given in the said Judgment: “The Director General......n 30.7.2010. In the meantime, if any of the respondents feel it necessary for further direction, they are at liberty to approach the Court. Ed. This Case is also Reported in: 15 BLC (2010) 61. ..Category: Environmental Law | Date: | Hits: 279
Dr. Mohiuddin Farooque Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....ctories situated up and down the country. 2. BELA has been registered as an association under the Societies Registration Act, 1860, with the aims and objects, inter alia, to organize and undertake legal or administrative actions and measures to protect, preserve, conserve or reinstate environment......Law does not mean that the protection of the law must be available only to a fortunate few or that the law should be allowed to be prostituted by the vested interests for protecting and upholding the status quo under the guise of enforcement of their civil and political rights. The poor too have civ..Category: Environmental Law | Date: | Hits: 345
....ety is not well founded in the facts and circumstances of the case. So, the grounds urged and contentions advanced by learned Counsel for petitioners are correct expositions of law and facts. So, the legal pleas taken by him prevails and appears to have a good deal of force. On the contrary I failed......rder dated 18-09-2008 passed in Civil Revision no. 04 of 2008 is hereby set aside.
Office is directed to communicate the at once.
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 233...
Category: Property Law | Date: | Hits: 27
Abul Kashem Vs. Executive Engineer & others, 2000, 29 CLC (HCD)
....ation of Mutation in the name of the plaintiff in respect of property mentioned in the schedule to the plaint and all actions taken on such petition in the said mutation case by defendant No. 2 are illegal and also for declaration of title in respect of the schedule property. The plaintiff is allege......therwise ready. The Learned Advocates either for the petitioner or for the opposite parties mention the matters for fixing a date of hearing. Ed. This Case is also Reported in: 53 DLR (2001)186. ..Category: Property Law | Date: | Hits: 21
.... facts and circumstances of the Case and also considered submission and the authorities relied upon by learned Advocates in support of their contentions. Learned District Judge also took into account legal aspect of the matter. Learned District Judge took the view that higher courts took and take le......ed for the record, issued notice upon respondents and stayed operation of the judgment and decree of trial Judge. Learned District Judge by order No.4 dated 14-2-1999 directed the parties to maintain status quo in respect of suit property. Learned District Judge by order No.14 dated 23-4-1999 allowe..
Category: Limitation Law | Date: | Hits: 152
Mir Hossain @ Amir Hossain and Others Vs. Alifa Khatun and Others, 2009, 38 CLC (AD)
....hased land from son of Abdul Khaleque who purchased 9 decimals of land from Saidur Rahman. Defendant Nos.10 and 11 two sisters inherited 45/6 decimals of land along with their three brothers being legal heirs of Saidur Rahman. The defendant No.12 inherited shares of Foyezunessa and defendant No.2......h Court Division, since they can place their respective cases before the Court below. Accordingly the leave petitions are dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 46. ..Category: Property Law | Date: | Hits: 79
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