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Bangladesh Vs. Subash Chandra Das & ors, 1993, 22 CLC (AD)
....onths from the date of decision of the Government to acquire the property all proceedings in respect of acquisition stood abated under section 12. 5. The High Court Division held that the time for payment for compensation began to run from January 5, 1985 when the decision to acquire the property......f abatement will follow only when the Government fails to "pay" or "deposit" compensation in terms of section 10. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 63. ..Category: Property Law | Date: | Hits: 64
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....ment November 29, 1993. Result: The appeal is dismissed. The Sale of Goods Act, 1930 (III of 1930), section 61 (2) The Contract Act, 1872 (IX of 1872), section 73 The order for payment of Taka 33 lac is covered both by the general principles governing payment of interest for t......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. ..Category: Business or Commercial Law | Date: | Hits: 128
Kalu Mondal Vs. Begum Fazilatun Nessa, 1994, 23 CLC (AD)
....e ground that they were defaulters. The suits were instituted after serving notice under section 106 of the Transfer of Property Act. It was alleged that the appellant Kalu Mondal was in arrear in payment of rent from February, 1971 to April 1972, and appellant Naushad Ali was in arrear in payme......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 ..Category: Property Law | Date: | Hits: 79
Rear Admiral AA Mustafa Vs. Bangladesh, 1994, 23 CLC (AD)
....ke adequate precautionary measures during the cyclone. He has also filed a copy of the letter dated July 28, 1993 of the Controller General of Defence Finance, Ministry of Defence intimating him that payment of Special Additional Pension was not available to him, because he was compulsorily retired ...... 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...Category: Employment/Service Law | Date: | Hits: 107
Bangladesh Shilpa Rin Sangstha Vs. Haque Brothers (Carbide) Ltd., 1994, 23 CLC (AD)
....ents in the Court of the District Judge, Dhaka, being Miscellaneous Case No. 140 of 1977 for sale of the schedule properties for realisation of the petitioner's dues, fallen due owing to default in payment of two foreign exchange loans from erstwhile PICIC, amounting to Taka 29,72, 910.29 equiva......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 ..Category: Banking Law | Date: | Hits: 125
Abdul Bari Sarker Vs. Bangladesh, 1994, 23 CLC (AD)
....ner, a retired Judge of the High Court Division of the Supreme Court, was appointed Chairman of the Settlement Court on contract for one year, but within three months his contract was cancelled on payment of one month's pay in lieu of notice in terms of the contract. He challenged the order of c......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 ..Category: Employment/Service Law | Date: | Hits: 73
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. ......ter dated 21-12-1995 sent necessary drawings to the respondent No. 2 for its approval for construction of the said multi-storied commercial building with car Park space at basement and deposited a cheque dated 4-12-1995 for Taka 45,000 as fees; the layout plan of the proposed building would show..Category: Environmental Law | Date: | Hits: 293
Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
.... a bainapatra on January 1, 1952 and delivered possession, that there was stipulation in the agreement that the kabala would be executed and registered after six months from date of agreement after payment of balance of the consideration money Taka 600. It was the case of the plaintiff that afte......is lack of evidence to show that he possessed the land denying title of Karuna Moyee Dasi or her sons to their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 59
Bangladesh Bank Vs. Rana Awan and others, 2006, 35 CLC (AD)
....rules 52 and 56, CPC, Articles 71 and 72 of President's Order No. 127 of 1972 and wholly erred in holding that no Appropriation Act is necessary for withdrawing money from the Consolidated Fund for payment of decretal amount against the Republic; the executing Court erred in law in entertaining t...... the official(s) who was/were responsible for the default. Let a copy of the judgment be sent to the Ministry of Finance, Ministry of Works and also to the Solicitor. Ed. ..Category: Civil Law | Date: | Hits: 104
Nur Amin and others Vs. Abdul Quddus and others, 2006, 35 CLC (AD)
....sub-plotting to different persons, that Mohammad Mia, father of the plaintiffs, a retired defence person, took settlement of 2.50 acres of land of sub-plot No. 203/31 of plot No. 203 in 1968-69 on payment of salami amounting to Taka 125 through OCR dated April 24, 1970 and paid rent for the year......lower appellate Court. 13. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with cost of Taka 5,000. Ed. ..Category: Property Law | Date: | Hits: 51
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Monowara Begum and others, 2006, 35 CLC (AD)
....ful perusal of Order 33(1) (5) of the Bangladesh Shilpa Rin Sangstha Order, 1972 we find that the District Judge is required to issue a notice calling upon the opposite-party liable to make the payment to show cause by a date as to why he should not satisfy the claim of the Sangstha, failing......ed Unnecessarily which we disapprove. 14. In view of the discussion made above, we do not find any substance in this petition. The petition is, therefore, dismissed. Ed. ..Category: Civil Law | Date: | Hits: 95
Agrani Bank. Vs. Ansarul Hoque and ors, 2006, 35 CLC (AD)
....o.2 Bank. That the petitioner presented order directing the respondent No. 1 to pay the certain sum of money under the Deposit Receipt above said, which the respondent Banker dishonoured by non-payment. Copy of the order are annexed herewith and marked A-1 and A-2." 3. The ...... Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs and the judgment and order passed by the High Court Division is set aside. Ed. ..Category: Banking Law | Date: | Hits: 101
Rajdhani Unnayan Kartripakha Vs. Abdul Jakir and others, 2006, 35 CLC (AD)
....d to the plaintiff by kabala dated 22-9-1994. Mubarak Miah went to tahsil office and came to know that the suit property was acquired in Land Acquisition Case No. 2/66-67 and it was alleged that no payment of compensation was made and the predecessor of the plaintiff did not receive any compensat......, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. Resultantly the suit stands dismissed. Parties do bear their respective costs. Ed. ..Category: Property Law | Date: | Hits: 51
Agrani Bank and other Vs. Essential Garments Ltd. and others, 2006, 35 CLC (AD)
....nterim relief has virtually granting the whole relief sought in the writ petition. 9. The writ petitioners have challenged inclusion of their names in the CIB report being defaulter in the payment of loan received from the appellant Bank. It is seen from the materials on record that the ......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. ..Category: Banking Law | Date: | Hits: 121
Fatema Khatun and others Vs. Abdul Quddus, 2006, 35 CLC (AD)
....r Ali to his wife Fatema Khatun has been stated as” Bengali There is also recital in the kabala that the same has been executed for the purpose of discharging the obligation of payment of dower debt. 10. For our purpose provision of section 96(1) of the State Acquisit...... appeal. Accordingly, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 721. ..Category: Property Law | Date: | Hits: 55
Bangladesh Telecommunication Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
....ment shall have the exclusive privilege of establishing, maintaining and working telegraphs: Provided that the Government may grant a licence, on such conditions and in consideration of such payments as it thinks fit, to any person to establish, maintain or work a Telegraph within any par......ns aforesaid, with the above observations the appeals are, accordingly, allowed without any order as to costs. The impugned judgment and orders of the High Court Division are hereby set aside. Ed. ..Category: Information Technology Law | Date: | Hits: 266
Abdul Kader Vs. Secretary, Election Commission and others, 2006, 35 CLC (AD)
....ring for the petitioner, submitted that the respondent Nos. 2 and 3 illegally rejected the nomination paper of the petitioner as the petitioner ceased to be a defaulter on the date when down payment was accepted and the bank had assured time for six months more to repay his loan. The learn......f their duties." 8. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed Ed. ..Category: Election Law | Date: | Hits: 106
State Vs. Abdur Rahim, 2006, 35 CLC (AD)
....erim bail was also granted to the respondent and the Collector (Commissioner) of Customs, Zia International Airport was directed to give delivery of 320 tolas of gold seized from the respondent on payment of usual customs duty as per rules within one week from the date of receipt of the copy of ......e of issuance of Rule in an application under section 498 of the Code of Criminal Procedure and hence the same requires interference. Accordingly, the appeal is allowed. Ed. ..Category: Criminal Law | Date: | Hits: 57
AHS Rahman Vs. State, 2006, 35 CLC (AD)
....irst information report that on the direction of accused No. 1 the consultancy fee of Tk. 12,22,000 and USD 20,370 was realised from the winning bidder World Tel Holding Ltd. as there was no fund for payment of consultancy fee. It was also stated that neither in the RFP nor any where also was it men......o that effect the charge-sheet has been submitted, we find no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 89
Bangladesh Vs. Md. Idrish Miah, 2006, 35 CLC (AD)
.... Appellate Tribunal observed that during the departmental proceeding the respondent was sent twice for training. It was further held that the respondent complied with the audit objection by making payment and the past services of the appellant were not considered in awarding the major penalty of......icer. 14. In view of our above discussion to find no merit in the appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: ..Category: Administrative Law | Date: | Hits: 112
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