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Wahida Rashid (Most) and another Vs. Miron Muhammad Zahidul Hoque, 1990, 19 CLC (HCD)
....ion 10 of the Premises Rent Control Ordinance wherein it has been provided: Section 10. "No person shall, in consideration of the grant, renewal or continuance of a tenancy of any premises: (a) claim, receive or invite offers or ask for the payment of any premium, salami, fine or any other lik......itle Suit No. 242 of 1977. The short facts of the case, in brief, are: 2. The opposite party No. 1 as plaintiff filed title suit No. 242 of 1977 in the First Court of Munsif, Kushfia with a prayer for ejectment of the defendant petitioners alleging, inter alia, that the plaintiff's father purchas...... name of the plaintiff. Thereafter they created building thereon and let out the suit premises at a rental of Tk. 75/‑ per month to the defendants who undertook to deposit Tk. 7,500/‑ as security money. They deposited Tk. 6,000/‑ out of Tk. 7,500/‑ as security and wanted to deposit rest Tk. ..Category: Property Law | Date: | Hits: 66
Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)
....tay and the Adalat fixed the matter on 23rd April, 2008. On that day the Adalat rejected the judgment-debtor's petition on the reasoning that as the judgment debtor did not pay any installments his claim is barred under section 49(3) of the Artha Rin Adalat Ain and fixed 22nd May, 2008 for auction......High Court Division in Writ Petition No. 5085 of 2008 arising out of Artha Jari Case No. 153 of 2007 pending in the Court of Artha Rin Adalat Court No.1, Chittagong (the Adalat). 2. Facts relevant for the disposal of this appeal are that the respondent No.2 instituted Artha Rin suit No.66 of 2006......to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 93, 31 BLD (AD) (2011) 78, 8 LG (AD) (2011) 145, 16 MLR (AD)(2011) 205. ..Category: Civil Law | Date: | Hits: 113
Hasina Mawla Vs. Bangladesh Parjatan Corporation and another, 1992, 21 CLC (HCD)
....ny and every act touching the transaction in which pre‑emptor may have taken part or the mere factor knowledge about the transfer or temporary unwillingness on his part to buy cannot debar him from claiming his right at the proper time. Essentially, therefore, it will be a question of proper infer...... to why the impugned order dated 6.9.88 (Annexure A) issued under the signature of the respondent No.2, the General Manager (Administration) Bangladesh Parjatan Corporation, retiring the petitioner before attaining the age of superannuation should not be declared to have been passed without any lawf......s is a contractual one subject to rules and regulations and that the impugned order was passed on the verbal request of the petitioner who willingly acquiesced in the retirement and accepted gratuity money to which she was entitled and as such the petitioner has waived her right, if any, to the peri..Category: Employment/Service Law | Date: | Hits: 88
Bakth Bibi Vs. Bangladesh, 1992, 21 CLC (HCD)
....the property in question. The case of the Government is that the petitioner was not the wife of Abdul Khaleq and as such she did not inherit the same. The Government, however, failed to challenge the claim of the petitioner that a portion of the land was purchased in her name and the Court of Settle......nder Article 102 of the Constitution is directed against the judgment and order dated 7.3.89 passed by the Court of Settlement in Case No.1022 of 1987. The case was filed by the petitioner Bakht Bibi for the release of a three‑storied building at 93, Chatteswary Road, Chittagong, from the list of ......ernment are without authority and of no legal effect. I, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ..Category: Property Law | Date: | Hits: 73
Shafiuddin Khan (Md) Vs. State and another, 1993, 22 CLC (HCD)
....against the accused petitioner under section 420 BPC after amending the charge in the light of the observation made in the judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 102. ......pazila Magistrate, Nawabgonj, Dhaka should not be quashed. 2. Facts leading to this Rule are as follows: The complainant‑opposite party No.2, Md. Tasar Ali Mia filed a petition of complaint before the Upazila Magistrate, Nowabgonj alleging that the accused petitioner Md. Shafiuddin Khan requ......executing a document in his favour on a non‑judicial stamp of Tk. 3.00 promising to repay the amount as soon as it is demanded. In spite of repeated demands and requests. accused did not refund the money to the complainant and over the matter there were several salish. But the accused delayed the ..Category: Criminal Law | Date: | Hits: 132
....ain further submits that this matter essentially is based on tender, the acceptance or non acceptance of which tender is only a discretion of the authority. None of the tenderers would have any right claiming acceptance of his tender even if he has quoted the lowest.
9. Mr. Abdus Samad, the learn......provisional work order in favour of respondent No.6 Mr. MA Momit (Asuk) Annexure ‘N’.
2. It is the case of the petitioner that he is doing his business with Sylhet Pulp and Paper Mills Limited for quite some time. The said Mills published a tender notice for supplying Mariti (bamboo) from the...... the said Mills (Respondent No.4).
3. The petitioner on the basis of the terms and condition of the said tender notice participated in the above tender and he deposited Taka 1,00,000.00 as earnest money and the authority accepted the same. The petitioner wrote a letter to the Managing Director of..
Category: Others | Date: | Hits: 128
Hashem (Md.) Vs. Bangladesh and others, 1990, 19 CLC (HCD)
....ore a Magistrate, 1st Class, Dhaka on 5.6.1972 owing allegiance to Bangladesh which are not denied by the defendants. 15. It. is in evidence that the plaintiff was all along in Bangladesh and made claim from time to time to the defendants for release of the property starting from 30.6.1972 to 18.......d against a judgment and decree dated 30.6.87 passed by the Subordinate Judge, 3rd Court, Dhaka in Title Suit No. 353 of 1984 dismissing the suit. 2. The appellant as plaintiff filed the said suit for declaration that he is a citizen of Bangladesh and that the suit property is not an abandoned pr......s not an abandoned property. In the facts and circumstances of the case, we direct both parties to bear their respective costs although. Ed. This Case is also Reported in: 43 DLR (1991) 109. ..Category: Property Law | Date: | Hits: 73
Nazir Ahmed and others Vs. Md. Hazee Kalu, 1989, 18 CLC (HCD)
.... other point in support of the appeal. There is no substance in this appeal. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 75. ......a while in possession as owner of the said land by 3 registered kabalas, Exts. 1, 1(e) and 1 (b) sold 6 acres of land to the plaintiffs and delivered possession thereof to him. Since purchase of the aforesaid land (described in schedule 2 to the plaint) the plaintiff was in possession by cultivating......hich he had house and fruits bearing trees. Their case was that Ejahar Mia did not sell the suit land to the plaintiff and the plaintiff never got possession of the same. Ejahar Mia took loan of some money from the plaintiff and executed some handnotes as security for the loan. They further alleged ..Category: Property Law | Date: | Hits: 66
Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)
....ants and to borrow the expression of Sir John Bonaldson, Mr. “…………Where there is a choice between arbitration and litigation, there will be a number of factors to be taken into account. The claim usually made in that arbitration is quicker, cheaper, more expert and more private than litiga...... 75 of 1983. Judgment AM Mahmudur Rahman J.- This appeal is against an ex‑parte decree passed in Title Suit No.467 of 1982 making the Award made by the Arbitrator a rule of the court. 2. Before I proceed to deliver the judgment I am impelled to make certain observation on the conduct of t......artnership firm of which Golam Hossain Ariff and his son through first wife were partners. And on the death of Golam Hossain Ariff his son Ismail and Aisha filed Suit No.22161 of 1989 for recovery of money from Bengal Silk Mills Ltd. The Bengal Silk Mills Co. Ltd. thereafter filed another suit being..Category: Alternative Dispute Resolution | Date: | Hits: 174
Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
....ant case the prosecution examined in all 12 witnesses to establish the above charges against the accused persons. The defence examined none. All the accused pleaded not guilty to the said charges and claimed to be tried. Their case as transpired from the trend of cross‑examination of the P.W.s and......d in all 14 in number, in the Court of the learned Sessions Judge, Cox's Bazar, the case was transferred to the Court of the learned Assistant Sessions Judge (deemed Addl. Sessions Judge) Cox's Bazar for trial. At the conclusion of the trial, the learned Assistant Sessions Judge (as Additional Sessi......ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ..Category: Criminal Law | Date: | Hits: 86
SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....in Adulate Ain, 2003 (briefly ‘the Aim’) in the said execution case stating inter alia, that the prevailing market price of schedule-A property was much higher than the entire outstanding dues as claimed by the decree-holder bank. Though the petitioner-company was a third party mortgage, it was ......rder dated 5.4.2010 passed by Artha Rin Adalat No.3, Dhaka in Artha Execution Case No.131 of 2009 rejecting the petitioner’s application filed under Order XXI rule 83 of the Code of Civil Procedure for permission to sell an attached property through private negotiation for enhancement of the sale ...... Ali Mostafa Khan with Ms.Nahid Sultana, Advocates-For the Respondent. Writ Petition No. 3002 of 2010. Judgment Md. Ruhul Quddus J. - This Rule, at the instance of a judgment debtor in a money decree, was issued calling in question order dated 5.4.2010 passed by Artha Rin Adalat No.3, D..Category: Procedural Law | Date: | Hits: 80
Mohammad Shahabuddin Vs. Government of the People’s Republic of Bangladesh, 2011, 40 CLC (HCD)
....rk order as a lowest responsive bidder or to give adequate compensation for causing an inordinate delay in deciding the matter in question. Subsequently the petitioner filed a supplementary affidavit claiming that the board in subsequent occasion has decided to issue an offer letter by escalating th......d Memo No.Common:Sha:71/97 Second Part)/518 dated 1.4.2001 issued by the Secretary, National Curriculum and Text Book Board (NCTB), Dhaka (Annexure-C to the petition) cancelling the tender proceeding for the internal decoration, electrical work and renovation of 12 floor of the building shall not be...... after 3(three) years respondent No.3 issued the impugned letter cancelling the tender proceeding on the ground of limitation Annexure-C to the petition asking the petitioner to take back the earnest money at his convenient time. Thereafter, the petitioner filed an application to review the impugned..Category: Others | Date: | Hits: 133
Zahangir Sheikh and another Vs. State, 2011, 40 CLC (HCD)
....d as Session Case No.41 of 1995. The learned Sessions Judge framed charge against the appellants under section 394 of the Penal Code by his order dated 1.11.1995, to which they pleaded not guilty and claimed to be tried. Subsequently the case was sent to the Additional Sessions Judge, Bagerhat for d...... Additional Sessions Judge, Bagerhat in Session Case No.41 of 1995 convicting the appellants under section 394 of the Penal Code and sentencing each of them thereunder to suffer rigorous imprisonment for five years with a fine of Taka 2000/- for each in default to suffer rigorous imprisonment for an......rence, the neighbours rushed into her house, when she disclosed the occurrence to them, but did not disclose the names of the robbers. In cross-examination she stated that earlier she did not see the money, which was taken away by the robbers. P.W.3 stated in cross examination that he accompanied hi..Category: Criminal Law | Date: | Hits: 58
Gouri Rani Dutta Vs. Taib Ali & others, 1989, 18 CLC (HCD)
.........................................Opposite Parties Judgment June 14, 1989. Result: The Rule is discharged. Where the plaintiff withdraws from a suit, or abandons part of a claim, without the permission referred to sub-rule (2) he shall be liable for such costs as the cour......une 14, 1989. Result: The Rule is discharged. Where the plaintiff withdraws from a suit, or abandons part of a claim, without the permission referred to sub-rule (2) he shall be liable for such costs as the court may award and shall be precluded from instituting any fresh suit in resp......ink that the said question has any relevance. For all the above reasons the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 13. ..Category: Procedural Law | Date: | Hits: 92
Commissioner of Taxes Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, Shampur, 1991, 20 CLC (HCD)
....(South) Zone, Dhaka. 2. The relevant facts of the cases are that the respondent M/s. Ujala Match Factory, Dhaka filed income tax return for the assessment years 1976‑77, 1977‑78 and 1978‑79, claiming deduction of bonus of Tk. 6,39,904.00; Tk. 5,25,588.00; Tk. 5,42,742.00 for the above asses......ncome Tax Act, 1922 filed by the Commissioner of Taxes, Maka (South) Zone, Dhaka. 2. The relevant facts of the cases are that the respondent M/s. Ujala Match Factory, Dhaka filed income tax return for the assessment years 1976‑77, 1977‑78 and 1978‑79, claiming deduction of bonus of Tk. 6,39......n 66A(2) of the Income Tax Act, 1922 for preferring an appeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ..Category: Fiscal/Taxation Law | Date: | Hits: 171
Bangladesh Vs. Abdul Wahab & others, 1991, 20 CLC (HCD)
....but in fact delay of 125 days occurred as referred above. Thus it is evident that delay of 21 days remained unexplained. So each day’s delay having not been properly explained the petitioner cannot claim the benefit of section 5 of the Limitation Act. It is true that expression “sufficient cause......and Mr. Justice Abdul Hasib and as their Lordships failed to return an unanimous verdict, their Lordships entered into dissenting judgment. It is under this circumstances that the matter was placed before the learned Chief Justice for passing an appropriate order and the learned Chief Justice has re...... taken his Lordship Mr. Justice Bimalendu Bikash Roy Chowdhury. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 30. ..Category: Procedural Law | Date: | Hits: 87
Abdul Jalil Vs. Chairman, Rural Electrification Development Board and others, 1992, 21 CLC (HCD)
....s not maintainable. It is the further case of the respondent No.2 that it took the impugned decision and it was lawfully issued by respondent No.2 and that enlistment and works of the Board cannot be claimed as a matter of right and the impugned resolution of the Board was taken lawful authority. ......ractor the respondent Board took the impugned decision to the effect that no ex‑officer or employees of the Board could directly or indirectly participate in any business of the Board as contractor for construction, repair supply, etc., or to participate in any tender and thereby the petitioner ha...... No.89 taken on 8.1.86 by the Board so far as it relates to the petitioner is declared to have been made without any lawful authority. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 24. ..Category: Constitutional Law | Date: | Hits: 187
Abdul Jalil Sheik Vs. Md. Abdul Quddus Sarker, 1991, 20 CLC (HCD)
....e matter of pre‑emption by giving the parties due notice. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 18. ......dure. 2. The case of the petitioner is that he failed Miscellaneous Case No.32 of 1983 under section 96 of the East Bengal State Acquisition and Tenancy Act against the opposite party pre‑emptee for pre‑emption of the land of Mouza Delua, SA Khatian No.831, Plot No.480 being an area of 0.06 d......‑emptee for pre‑emption of the land of Mouza Delua, SA Khatian No.831, Plot No.480 being an area of 0.06 decimals which is a part of total area of 0.34 decimals after depositing the consideration money. 3. The opposite party contested the case by filing written objection. When the case came u..Category: Property Law | Date: | Hits: 75
Afzal Meah Vs. Bazal Ahmed and others, 1991, 20 CLC (HCD)
....hese materials were considered by the trial Court and the trial Court opined that opposite party pre‑emptee ignoring the injunction order effected some improvement and as such he is not eligible to claim compensation. The 1st appellate Court also concurred with the view of the trial Court on this ......hat the land described in Schedule 1 of the application originally belonged to Tamizuddin as per CS record of right and after the death of said Tamizuddin his son Rahamatullah inherited the same and aforesaid Rahamatullah sold these schedule land to Abdul Bari Sowdagar on 9.3.1929. Abdul Bari who su......ite party No.2 executed the sale deed in favour of pre‑emptor petitioner on 13.3.77 at a consideration of Taka 10,100.00 and thereafter pre‑emptor opposite party No.1 tendered the consideration money with the compensation money but refused to accept the petitioner’s offer. Thereafter the opp..Category: Property Law | Date: | Hits: 72
Begum and Company Ltd. Vs. Rupali Bank and others, 1994, 23 CLC (HCD)
....eds of property, etc. and the said defendants drew the advance by cheque through different accounts maintained with the plaintiff Bank and that defendant No.5 was legally liable for the plaintiff’s claim but the said defendants repudiated the claim and did not pay the outstanding. Hence the suit. ......Judge, and 1st Commercial Court, Chittagong obtained the present Rule against the order No.54 dated 5.11.1990 passed by the learned Subordinate Judge allowing the plaintiff-opposite-parties’ prayer for amendment of the plaint. 2. plaintiff-opposite-parties No.1 instituted Money Suit No.131 of 1......sold at a nominal price and that in spite of repeated demands by the defendants, plaintiff did not allow them to dispose of the goods on payment and that the plaintiff was not entitled to recover any money and that the defendant by way of counter claim and set off prayed for a decree for a sum of Ta..Category: Civil Law | Date: | Hits: 92
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