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Abdur Razzaque Mollah Vs. Md. Qayum Mollah & others, 2001, 30 CLC (HCD)
....s of the case, we direct the parties to bear their respective costs all through. Send down the lower Court’s Record immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 535. ......ilding Finance Corporation Order, 1973 of Article 21(3) which runs thus: “No property shall be accepted as security unless it is free from all encumbrances and charges and it shall be one of the terms upon which the loan shall be made that the property and the house in respect of which the loan......………Appellant Vs. Md. Qayum Mollah & others……...Opposite Parties. Judgment August 14, 2001. Cases Referred To- 43 DLR (AD) 78; 43 DLR (AD) 125; AIR 1975 All 341; Ram Chand Appellant Vs. Rain Swamp Respondent AIR 1952 Allahabad 654; Jalaluddin Mia Vs. Md. Yunus 1982 BC..Category: Civil Law | Date: | Hits: 71
....edly on acceptance of the tender of the petitioners, only a contractual relationship was established between the two parties and their corresponding rights and obligations being only contractual, the extraordinary remedy under the writ jurisdiction of this Court has got no manner of application in t......lusion of the litigation’s, the respondents did neither complete the transaction nor hand over the physical possession of the property in favour of the petitioners in spite of compliance of all the terms by them. They made repeated prayers for completion of the transaction but having failed in thi......is also Reported in: 53 DLR (HCD) (2001) 519...
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. ...... formalities and on payment of security deposit for obtaining the gas line and connection in the factory premises agreement dated 19.4.77 was entered into between the plaintiff and defendant No.2. In terms of said agreement the defendants had been supplying gas to the plaintiffs factory which had be......ngal Ceramic Industries Ltd ……………… Appellant Vs. Chairman, Petro Bangla & others……...Respondents. Judgment November 9, 1984. Cases Referred To- Abdul Barek Mia and others Vs. ABM Serajul Islam, 20 DLR 508; Abdul Saul Munshi Vs. Abu Bakar Siddique, 35 DLR (AD) ..Category: Others | Date: | Hits: 132
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.......ted his report on 1-2-83 Ext.23. We get from the evidence of PW 2 that the fact of defalcation was first detected by the Conciliation Department of the main branch. This witness stated in unequivocal terms that the inflexible practice of the bank is that when a cheque of another branch is deposited ......own the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (1999) 192...Category: Criminal Law | Date: | Hits: 104
Birla Tyres & another Vs. Sonali Anash Trading (Pvt) Ltd. and others, 2004, 33 CLC (HCD)
.... Orders granting temporary injunction and ad interim mandatory injunction are hereby set aside. Plaintiffs shall bear cost all through. Ed. This Case is also Reported in: 58 DLR (2006) 84. ...... to 3 from dealing and/or making any transaction underhand or overhand in any manner with any person or persons in respect of Birla brand tyres and obtained an ex parte ad-interim injunction on those terms. 5. On their further application for temporary mandatory injunction by order dated 14-8-03 ......isdiction) Present: Md. Abdur Rashid J SAB Mahmudul Huq J Birla Tyres & another ..................................................Petitioners Vs. Sonali Anash Trading (Pvt) Ltd. and others .........................Opposite Parties Judgment July 21, 2004 Cases Referred ..Category: Civil Law | Date: | Hits: 148
Atar Ali Sheikh (Md) & another Vs. Md Karam Ali Sheikh & others, 2003, 32 CLC (HCD)
....et aside and those of the trial Court are restored. Partition as affected by the Advocate Commissioner is made final. Send down the LCR. Ed. This Case is also Reported in: 58 DLR (2006) 81. ......nsequently, she did not get any share declared in the joint property in the preliminary decree. So, the order of the appellate Court for allotment of a share to her and/or other defendants beyond the terms of preliminary decree is wholly misconceived, and baseless and arbitrary. 28. In the circum.........................Petitioners Vs. Md. Karam Ali Sheikh & others ............................Opposite Parties Judgment July 21, 2003. Cases Referred to- Md. Sadiq vs. Basgit Sah and others, AIR 1926 (Patna) 159; Thottamma vs. CS Subramaniyyan and another, AIR 1922 Madras 219; R..Category: Property Law | Date: | Hits: 70
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.......the basis of application from the respondent No. 2, appointed them as Godown Darwan or Chowkider or Godown Keeper against a named godown on purely temporary basis for a fixed monthly salary subjectto terms and conditions contained in their letters of appointment. The respondent No. 2 in all the 9 wr......orted in: 58 DLR (2006) 46...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.......lay in frequency allocation or signing of the Interconnection Agreement for reasons attributable to the first party then the effective date may be shifted by mutual agreement. 5. According to the terms of the Agreement, the Operator Licence was not issued and Interconnection Agreement has not ye...... Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J World Tel Bangladesh Ltd………………………………………………………Petitioner Vs. Government of Bangladesh and others…………………………………Respondents. Judgment April 23, 2005. Case..Category: Information Technology Law | Date: | Hits: 321
.... and the writ petition was not maintainable has no substance.
In the result, the Rule is made absolute with any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 506.
......rable exercise of his official power the petitioner was competent to invoke writ jurisdiction under Article 102 of the Constitution instead of taking the matter to the Board of Land Administration in terms of section 146 of the State Acquisition and Tenancy Act. Accordingly, the contention of the le......
(Special Original Jurisdiction)
Present:
Md. Joynul Abedin J
ABM Khairul Haque J
Abdul Moin ……………Petitioner
Vs.
Bangladesh represented by the Secretary, Ministry of Land, Secretariat Building & others. ………………….Respondents.
Judgment
March 28, ..
Category: Property Law | Date: | Hits: 95
Anindra Bhusan Ghose Vs. Bangladesh Government, 2001, 30 CLC (HCD)
....l. For the reasons and discussions made above, I find no merits in this appeal. In the result the appeal is dismissed. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 493.......ey was repaid. But nothing of this sort was mentioned anywhere in the deed. Exhibit 1 and this claim is entirely vested upon oral evidence of the vendor. Oral or extraneous evidence to contradict the terms of the contents of a document is inadmissible under section 92 of the Evidence Act.” Sec......bu Sayeed Ahammed J Anindra Bhusan Ghose………………Appellant Vs. Bangladesh Government ………………Respondent. Judgment May 23, 2001. Case Referred To- Feroza Majid and another Vs. Jiban Bima Corporation, 39 DLR (AD) 76. Lawyers Involved: Sk Habibul Alam, Adv..Category: Property Law | Date: | Hits: 85
Parul Bala @ Parul Rani Shah Mondol Vs. Suruj Miah and others, 2001, 30 CLC (HCD)
....)68 is disposed of accordingly, the judgments and decrees of, the Courts below are set aside. The suit is decreed in full. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 481.......ome part thereof, or any other immovable property of the certificate debtor, the certificate officer may, on his application, postpone the sale of the property comprised in the order for sale on such terms and for such period as he thinks proper, to enable him to raise the amount. (2) In such cas......2001) 481...Category: Property Law | Date: | Hits: 83
Titas Gas Vs. Immense Washing Plant and others, 2001, 30 CLC (HCD)
....es of the Ministry of Law, Justice and Parliamentary Affairs, the Ministry of Power and Energy and the Chairman of the Law Commission. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 471. ......urt expressed the view that if any payment was found to have been made in excess that could be adjusted at the trial of the suit. In view of such order, the plaintiff was referred by the Court to the terms of the contract entered into with the Titas Gas for the purpose of billing. The plaintiff is n......53 DLR (HCD) (2001) 471. ..Category: Civil Law | Date: | Hits: 151
Abdus Sukur (Md.) and others Vs. Bhasani Mandal and another, 2001, 30 CLC (HCD)
....gment and decree of the Court of appeal below are set aside and those of the trial Court are hereby restored. Send down the records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 452.......ground that why the Advocate Commissioner could not say the area of the land or the boundary thereof. The appellate Court failed to notice that such statements were made to questions asked beyond the terms of the reference for investigation, and he had to reply from his memory. Other P.W.s in chorus......53 DLR (HCD) (2001) 452...Category: Property Law | Date: | Hits: 75
Seastar Shipping Lines Ltd. Vs. Bangladesh & others, 2001, 30 CLC (HCD)
....te of receipt of this order. A copy of this order be sent forthwith to the Prime Minister’s Secretariate and the Ministry of Food. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 449.......s for such cargo. In this background of the matter, the impugned order of detention of the said vessel is declared illegal and without jurisdiction as it was not made in accordance with law. 7. In terms of the contract of supply of the cargo in question dated 12-1-1999 the letter of credit was ne......2000. Judgment Md. Joynul Abedin J.- This Rule Nisi was issued calling upon the respondent Nos.1-3 to show cause why the impugned order, Annexure-K, detaining the vessel ‘MV Vishva Kaumudi’ and restraining her from leaving the territorial waters of Bangladesh should not be declared to have..Category: Admiralty Law or Maritime Law | Date: | Hits: 212
Gurvinder Singh Vs. Secretary, Ministry of Finance and others, 1992, 21 CLC (HCD)
.... In the result, this Rule is disposed of on the above observations without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 434. ......and transport in Dhaka but there is no proof of payment by the company for his food and other local expenses including pocket money required at Dhaka. The petitioner has been treated as a resident in terms of the definition contained in clause 55 of section 2 of the Income Tax Ordinance, 1984 as he ...... High Court Division (Special Original Jurisdiction) Present: Anwarul Haque Chowdhury J KM Hasan J Gurvinder Singh…………..Petitioner Vs. Secretary, Ministry of Finance and others…………..Respondents. Judgment July 8, 1992. Lawyers Involved: Masood R ..Category: Fiscal/Taxation Law | Date: | Hits: 98
....id case is as follows:
“The High Court Division was not a Court of appeal required to make determination of facts on its own. It could interfere with the findings of a tribunal of fact under its extraordinary jurisdiction under Article 102 only if it could be shown that the tribunal had acted w......ons stated here in above the Rule is liable to be discharged.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 426.
......(Special Original Jurisdiction)
Present:
Syed JR Mudassir Hussain J
Syed Mahmud Hussain J
Hamayet Uddin Ahmed………….….Petitioner
Vs.
First Court of Settlement, Bangladesh Abandoned Building & others..………….Respondents
Judgment
May 8, 2001
Cases Referred..
Category: Property Law | Date: | Hits: 103
Abdul Mannan and another Vs. Bangladesh, 1999, 28 CLC (HCD)
.... Petition No.2259 of 1998 are discharged without any order as to costs. The order of stay granted earlier in both Rules are hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 471. ......rashava and others. The respondent No.4 Thana Nirbahi Officer on 6-6-98 had shown the voter figure 3200 in Ward No.4 and the line of delimitation of this Ward also had taken shape in violation of the terms and conditions, namely, the unity of the Wards as per section 21(1) on that score in the Ward ......his case is also Reported in: 52 DLR (2000) 471. ..Category: Election Law | Date: | Hits: 97
A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....n view of our decision, the order issued earlier directing the parties to maintain status quo in respect of construction is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 461. ......ate authority for withdrawal of the order of the cancellation. On 09-08-99 fixed for hearing of the appeal, the petitioners filed a detailed submission, contending mainly that they never violated any terms or conditions subject to which the sanction was granted nor that they did make any false state......s case is also Reported in: 52 DLR (2000) 461. ..Category: Property Law | Date: | Hits: 125
Akkas Ali Molla and another Vs. State, 2001, 30 CLC (HCD)
.... is felt to be necessary. The order of stay of realisation of fine passed on 29‑3‑1989 is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (2003) 296. ...... Munsif, Jaypurhat. Therefore no court can take cognizance of any offence under section 467 of the Penal Code without complaint in writing by the concerned court in which such court is subordinate in terms of section 195 of the Code of Criminal Procedure. 16. Considering the facts and circumstanc....... Ed. This Case is also Reported in: 55 DLR (2003) 296. ..Category: Criminal Law | Date: | Hits: 129
Mrs. Aruna Sen Vs. Govt. of the People's Republic of Bangladesh and others, 1974, 3 CLC (HCD)
....this case involves substantial question as to the interpretation of the Constitution. Abdur Rahman Chowdhury, J.- I agree. Ed. This Case is also Reported in: 27 DLR (1975) HCD 122. ......case. Chief Justice Kania who delivered the leading judgment in the case, interpreted the provisions of the Preventive Detention Act as to his satisfaction of the detaining authority in the following terms: "The wording of the section thus clearly shows that it is the satisfaction of the Central ......Rahman Chowdhury, J.- I agree. Ed. This Case is also Reported in: 27 DLR (1975) HCD 122. ..Category: Constitutional Law | Date: | Hits: 291
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