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Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)
.... and the balance amount to be paid within 6 months from the date. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 133 ......ffs and the defendant No. 2 are still in actual possession." In paragraph 6 it is stated that: "The defendant No. 1 being fully aware of the defective sale and purchase is trying to sell the property to Surabala Dutta, w......Suits No. 60 of 1959/20 of 1961 in the Court of Subordinate Judge, 2nd Court, Chittagong for declaration and confirmation of possession on the ground, inter alia, that the sale in question in mortgage execution case is fraudulent one and the plaintiffs were not made parties therein and, as such,..Category: Property Law | Date: | Hits: 130
Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)
....t and decree of the trial Court are restored and those of the appellate Court and the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 127. ......dants Without fixing another date for enquiry committee obtained an ex parte report from the enquiry committee and dismissed the plaintiff. According to the appellate Court, the plaintiff did not get full opportunity to defend himself and, that though there was no provision in the Regulations for se......tedly asked by defendant No. 2 to issue a notice for holding an emergent meeting of the Managing Committee for discussion of accounts, but he did not pay any heed to that Defendant No. 2, however, managed to issue a notice for holding an emergent meeting on 11 January 1987. The plaintiff received th..Category: Employment/Service Law | Date: | Hits: 101
Abdul Aziz Vs. Abdul Majid, 1994, 23 CLC (AD)
....he basic reason why a notice under section 106 of the Transfer of Property Act is mandatory in a case of eviction under the Ordinance. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 121. ...... contained in the Transfer of Property Act, 1882, or the Contract Act, 1872, no order or decree for the recovery of possession of any premises shall be made as long as the tenant pays rent to the full extent allowable by this Ordinance and performs the conditions of the tenancy (Relevant porti......give a decision as to whether the service of the notice was a valid service or not. However, on 18.10.84 the landlord-respondent sent another legal notice in the same terms for service through his Manager, PW 2 Mohammad, who served the same by hanging it in the shop premises in the presence of PW 3 ..Category: Tenancy Law | Date: | Hits: 87
AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)
....he Act itself it is to be strictly followed. With the above observations. I agree with the ultimate order of my learned brother. Ed. This case is also reported in: 46 DLR (AD) (1994) 113. ......very beneficial, for, I have to express my agreement with one of the other judgments which is quite an exercise, I have found in the ultimate analysis that the judgment written by Mustafa Kamal, J is fully in accord with the views I hold on the matters in issue. I therefore agree with his judgment a...... of a provision of law when it saves his right, given under a different provision of law, but not expressly taken away if such construction can be given without straining or violating either the language or the intended meaning of the law. The Government servant may file a case before the Tribunal w..Category: Administrative Law | Date: | Hits: 129
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ......84. Their total claim including interest was Taka 70,54,068.00 upto June 30, 1990. So far as the claim for the main work under the Agreement was concerned, there was no dispute, and it was paid in full including incidental charges. But the claim to Taka 24,51,570.00 along with interest, was disp...... Chandris Vs. Isbrandtsen Moller Co.1950 in 1950 (2) All England Reports 618; Eddowes Vs. Hopkins (1780) 99 All England Reports, 242; Arnott Vs. Redfern, (1826) 130 All England Reports 549; Page Vs. Newman, (1829) 109 All England Reports 140; London, Chathaim and Dover Rly Co. Vs. Southern..Category: Business or Commercial Law | Date: | Hits: 98
Sonali Bank Vs. Ruhul Amin Khan, 1993, 22 CLC (AD)
....f the respondent from service from the date of the order of dismissal. CA No. 51 of 1992 is dismissed. No cost in either case. Ed. This case is also reported in: 46 DLR (AD) (1994) 85. ......g of the Tribunal that there was no evidence of any dishonest intention or any collusion on the part of the respondent, referred to certain redeeming facts which proved that the respondent was not wilfully responsible for the loss and the Bank authority was also satisfied about the same. The matter ......TM Afzal J.- These two appeals by leave, Civil Appeal No. 50 of 1992 by the Sonali Bank and Civil Appeal No. 51 of 1992 by the respondent of the former appeal, who was the Senior Principal Officer/Manager of the Sadarghat, Dhaka Branch of the Bank, arise out of the same judgment and order dated 24.3..Category: Administrative Law | Date: | Hits: 143
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ......rice of each car from Taka 2.30 lacs to Taka 1,25,439.00 and after deducting Taka 10 lacs which had been paid in advance, forwarded to the plaintiff a Pay Order dated 26.6.86 for Taka 1,15,43,900 "as full and final payment of the price of 100 car”. The plaintiff after initial rejection of this off......s nature, as elaborated above, are that the principal sum is definite, payable at a definite time and the payment is provided by any written instrument, such as an agreement or by any law or by any usage of trade having the force of law……………………..(17) Cases Refereed to- London,..Category: Business or Commercial Law | Date: | Hits: 128
Kalu Mondal Vs. Begum Fazilatun Nessa, 1994, 23 CLC (AD)
....d with costs. The judgments of the High Court are set aside and those of the trial Court are restored. Ed. This case is also reported in: 46 DLR (AD) (1994) 53 ...... 5. Section 18(5) of the Ordinance provides that no tenant shall be entitled to the statutory protection as provided in this section unless he pays the rent due in respect of the premises to the full extent allowable under the Ordinance within the time fixed in the contract with his landlord o......nant's case is, that due to war of liberation he had to quit the suit premises for fear of life and that they returned after the liberation. His further case is, that the premises concerned was damaged by the Pak Army. He repaired the same but the landlord did not pay the expenditure incurred by..Category: Property Law | Date: | Hits: 79
Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)
.... delay. In the result, the appeal succeeds, the impugned judgment and order are set aside but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 46. ......under said Order. The respondent was promoted to the post of Manager in the Corporation with effect from 8.12.1973 and sent to Australia for higher training in tourism and then to Japan and he successfully completed both the courses. While serving as Manager in 1983 the respondent was appointed as a......………..Respondents Judgment October 28, 1993. Result: The appeal is allowed. Cases Referred to- Sarat Chunder Dey Vs. Gopal Chunder Laha, Indian Appeals (1891-92) Vol. XIX page 203, Cairncross Vs. Lorimer (1860) 3 Macq 829; Ambu Nair Vs. kelu Nair MR 1933 PC Page 167 &..Category: Employment/Service Law | Date: | Hits: 126
Rear Admiral AA Mustafa Vs. Bangladesh, 1994, 23 CLC (AD)
.... 103 of the Constitution. The cases cited on behalf of the petitioner has no relevance in the instant case. The petition is dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 43.......resident from his service in the Bangladesh Navy under Rule 14(5) of the Navy Rules, 1961. By an order dated July 7, 1991 the petitioner's application for review was rejected. The petitioner unsuccessfully challenged the two orders in his Writ Petition No. 64 of 1992. 2. The petitioner is now see......ed from service, consequent upon a report of an enquiry of a Commission of Enquiry, constituted under the Commission of Enquiry Act, 1956 for an enquiry into the circumstances leading to the heavy damage to aircraft and vessels based at Chittagong during the cyclone of April 29, 1991; and some quest..Category: Employment/Service Law | Date: | Hits: 107
Bangladesh Shilpa Rin Sangstha Vs. Haque Brothers (Carbide) Ltd., 1994, 23 CLC (AD)
....find that our judgment does not need a review. The review petitions are accordingly dismissed. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 39 ......er‑Sangstha, would actually include interest and penal interest accrued between 1.1.72 and 1.7.77, the last date being the date of institution of the miscellaneous case. 9. We have carefully perused our judgment and have heard the submissions of the learned Counsel for the petitione......yment of two foreign exchange loans from erstwhile PICIC, amounting to Taka 29,72, 910.29 equivalent to US $ 1,90,609.05 only as on 1.7.77 with interest at the rate of 7½% and liquidated damages at the rate of 2% on the defaulted amount till final payment of the entire dues, also for dir..Category: Banking Law | Date: | Hits: 125
Abdul Bari Sarker Vs. Bangladesh, 1994, 23 CLC (AD)
....d to his case. Subject to the observations made above, the Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 37 ......d to his case. Subject to the observations made above, the Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 37 ...... Act (Act XII of 1974) in order to press his point that the petitioner was not a retired public servant but was a Judge of the Supreme Court who has ceased to be a Judge upon attaining 65 years of age and that his appointment in an office of profit in the service of the Republic could not be gov..Category: Employment/Service Law | Date: | Hits: 73
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ......rinciple for this classification of rent‑receivers. This classification was challenged as arbitrary and discriminatory. Reason for such classification as given by the State was that the awarding of full compensation according to the market value of die estates would not be permitted by the resourc......the scale of pay in the appointment letter". This position was further explained in three subsequent SGA Memorandum dated 4.10.69, 9.11.70 and 5.1.71. Extension of the period of six months was discouraged and regularisation of such appointments was insisted upon in these Memos. In particular, Memo d..Category: Employment/Service Law | Date: | Hits: 97
Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)
....nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ......nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ...... leave, by a distraught father, arises out of a proceeding for custody of his recalcitrant daughter, Ayesha Akhtar (Rima) alias Dolly, respondent No. 2, who is said to be a minor of about 12 years of age Ad was alleged to have been taken away by force on 29.8.92 by the accused in Demra PS Case No. 9..Category: Criminal Law | Date: | Hits: 68
Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)
....unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ......Bangladesh Bank Order President's Order No. 127 of 1972. Article 47 (2) provides that notwithstanding anything in this Constitution, the laws specified in the First Schedule shall continue to have full force and effect, and no provision of any such law, nor anything done under the authority of s......inating the service of the employee by paying three months pay in lieu of three months notice. 2. The employer is Bangladesh Bank and the employee, Abdul Mannan, is the then General Manager in the Engineering Department of the Bank. At the material time the employee was a confirmed ..Category: Administrative Law | Date: | Hits: 149
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ......grievance of the appellant in this regard has also been supported by the respondent No. 2 in its affidavit-in-opposition in stating that "the place was a lowing one, abandoned, unhygienic and full of obnoxious ditches which were being used as a place for dumping night soil, urinal and garba......Judgment July 19, 2004. The Constitution of Bangladesh, 1972, Articles 32 & 102 Public interest- Private interest The public interest which should be championed by agencies like respondent no. 1 i.e. Dhaka Municipal Corporation ignored this demand and allowed its..Category: Environmental Law | Date: | Hits: 293
Selim (Md) and others Vs. Syedul Haque Chowdhury and others, 2006, 35 CLC (AD)
....nt case. 8. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ......nd denied the case of the preemptor respondents and raised several issues including that of limitation. It is further claimed by the preemptee petitioners that the case land was purchased with the full knowledge of the preemptor respondents. The latter also refused to purchase the suit land when......nt case. 8. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 68
Jainul Abedin Jamal Vs. Qais Huda and others, 2006, 35 CLC (AD)
....e notice dated 11-7-2001. 10. In the circumstances, we find no cogent reason to interfere with the judgment of the High Court Division. Both the leave petitions are dismissed. Ed. ......ses and paying rent to the Deputy Commissioner, Dhaka. The Deputy Commissioner, Dhaka also accepted rent treating the petitioner as tenant of the said premises. The petitioner also paid rent to the full extent in respect of premises. Thereafter the petitioner all on a sudden received a notice date......in Jamal....................Petitioner Vs. Qais Huda and others....................Respondents Judgment December 15, 2005. The Bangladesh Abandoned Property (Management, Control and Disposal) Order, 1972 (P.O. No. 16 of 1972), Article 10 Tenancy right of..Category: Tenancy Law | Date: | Hits: 67
Supreme Court of Bangladesh, Appellate Division, Dhaka Vs. Election Commission, 2006, 35 CLC (AD)
....Senior Member of the Bar and also as an Officer of this Court and we sound word of caution to him for the future. With the aforesaid observations, the Rule is disposed of. Ed. ......Senior Member of the Bar and also as an Officer of this Court and we sound word of caution to him for the future. With the aforesaid observations, the Rule is disposed of. Ed. ...... of para 3 of the impugned Petition filed on 5-02-2006 in the impugned case is likely to create doubt in the public mind about wisdom of some Judges of the Appellate Division lowering their high image and wisdom in the estimation of public at large. Before making such submission in writing the l..Category: Election Law | Date: | Hits: 108
Agrani Bank and other Vs. Essential Garments Ltd. and others, 2006, 35 CLC (AD)
....petition. 23. In the background of our discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to cost. Ed. ...... that the High Court Division being not competent to grant the relief sought then the said Division exceeded its jurisdiction in granting the ad interim relief which in effect amounted to granting full relief as regard which the writ petitioners have no right to claim in the writ petition and co......im of the Bank to the extent to Taka 8,19,63,687.70 is false and without foundation, that in the suit they have prayed for injunction and also for recovery of Taka 13,77,93,429.21 on account of damage and compensation, that the Bank has filed written statement in the suit, that status of t..Category: Banking Law | Date: | Hits: 121
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