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Abdur Razzaque Mollah Vs. Md. Qayum Mollah & others, 2001, 30 CLC (HCD)
.... to long absence of the Barrister Mr. Abdur Razzaque Mollah, plaintiff-opposite party No.1 managed to create some forged papers alleged to have been executed by Mr. Abdur Razzaque Mollah (petitioner) claiming the disputed land and building to have been sold by Mr. Abdur Razzaque Mollah to the contra...... J.- This Rule at the instance of defendant-appellant-petitioner was issued calling upon the opposites to show cause as to why the impugned judgment and decree so far it relates to remand of the case for fresh trial passed in Title Appeal No.168 of 1996 dated 28th June, 1998 and the decree signed on...... thereafter took loan of Taka 2,00,000 from the defendant No.3 (opposite party No. 2) namely, House Building Finance Corporation, Khulna by mortgaging the said disputed suit land handed over the loan money to the Contractor for the construction of his aforesaid dwelling house at Bagerhat. Later on a..Category: Civil Law | Date: | Hits: 71
Government of Bangladesh Vs. ASM Ferojuddin Bhuiyan, 2000, 29 CLC (HCD)
....romise would be binding upon the former who would not be entitled to go back from it. “Estoppel” in Black’s Law Dictionary is indicated to mean that a party is prevented by his own acts from claiming a right to the detriment of other party who was entitled to rely on such conduct and has ac......997 setting aside judgment and decree dated 29-5-1997 passed by learned Assistant Judge, First Court, Dhaka in Title Suit No.368 of 1985 should not be set aside. 2. The only question that survives for determination in this Civil Revision Petition is whether the principle of promissory Estoppel is......No.6, by his letter dated 6-8-1984 informed defendant No.5 Executive Engineer, P.W.D that the Valuation Committee determined valuation of suit property. Plaintiff expressed his willingness to deposit money as per valuation determined by Valuation Committee. Plaintiff was advised by defendant No.3, S..Category: Property Law | Date: | Hits: 83
....ry, Ministry of Commerce, Government of Bangladesh, for taking necessary action in accordance with law against the delinquent officers.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 519.......nts 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 this respect, a notice demanding justice was ......thority and of no legal effect and why they should not be directed to complete the sale transaction in respect of the commercial premises at 25, Bangladesh Avenue, Ramna, Dhaka, on receipt of the bid money from the petitioners.
2. The case of the petitioners, in brief, is that in response to the ..
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. ......l Order No. 75 of 1984 with Civil Rule No. 205 (fm) of 1984. Judgment Ranadhir Sen J.- This appeal is directed against the order dated 11-4-84 of the learned Subordinate Judge refusing a prayer for temporary injunction in mandatory form. 2. The plaintiff filed the suit for declaration that ......een supplying gas to the plaintiffs factory which had been using and operating 20 burners till 27-11-83 and from 28-12-83 the said connection was disconnected upon the plea of non-deposit of security money Defendant No.2 by a letter dated 5-9-83 aske4 plaintiff to deposit Taka 2,02,690 out of which ..Category: Others | Date: | Hits: 132
Sohail Thakur and others Vs. State, 1998, 27 CLC (HCD)
....bur Rahman and petitioner No.10 Mithu for misusing the bail. On 12-2-98 their prayer for bail was rejected but petitioner No.1 Sohail Thakur and petitioner No.2 Rabbil Thakur were allowed bail on the claim that they had obtained an order from the High Court Division and directed their lawyer to prod......te opposite party to show cause as to why they should not be enlarged on bail in Sessions Case No. 633 of 1996 pending in the 3rd Court of the Additional Sessions Judge, Dhaka. 2. Learned Advocate for the petitioners made extensive submissions after referring to the materials on record specially ......rar is directed to send copy of this judgment to the Sessions Judges for their future guidance and compliance with the directions made above. Ed. This Case is also Reported in: 51 DLR (1999) 199...Category: Criminal Law | Date: | Hits: 33
Abdur Rouf (Md.) and another Vs. State, 1998, 27 CLC (HCD)
....e the Divisional Special Judge, Rajshahi Division, Rajshahi in Special Case No.8 of 1992 (Pabna) to answer charges under sections 467/471/409/34 of the Penal Code to which they pleaded not guilty and claimed to be tried. 5. At the trial the prosecution examined 13 witnesses in support of its case......in Special Case No.8 of 1992 (Pabna) convicting appellants Md. Ibrahim Hossain, Md. Abdur Rouf and Md. Shamsul Bari under sections 468/34 of the Penal Code and sentencing them thereunder to suffer RI for two years and to pay a fine of Taka 60,000.00 each, in default to suffer RI for a further period......Probationary Officer attached to the Main Branch of Janata Bank at Pabna, although it was the Roster duty of accused Ibrahim Hossain Sarker The relevant documents in connection with the collection of money were also given to the party by hand in violation of the definite office instructions and cust..Category: Criminal Law | Date: | Hits: 104
Dil Mohammad Vs. Jamir Hossain and others, 2004, 33 CLC (HCD)
.... rents, taxes, etc. 5. On 27-1-95, when the plaintiff asked defendant No. 1 to vacate for construction, defendant No. 1 refused and resisted hence the suit. 6. Defendant No. 1 alone opposed the claim of the plaintiff by filing a written statement while defendant Nos. 2 and 3 jointly supported ......7-2000 passed by the Subordinate Judge and Commercial Court No. 1 at Dhaka in Title Suit No. 82 of 1997, which dismissed the suit. 2. On 28-5-95 the plaintiff instituted Title Suit No. 166 of 1995 for eviction of defendant No. 1 from the suit land measuring about 300 square yards with structures ......aintiff is allowed to withdraw the appeal with permission to sue afresh on the subject matter as prayed-for. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 88...Category: Property Law | Date: | Hits: 83
Birla Tyres & another Vs. Sonali Anash Trading (Pvt) Ltd. and others, 2004, 33 CLC (HCD)
....as also to appoint other agent and other distributors if they so deem fit". Under section 194 of the Contract Act, even if the plaintiffs are accepted to be agent direct to Birla Tyres they could not claim any personal interest in the subject matter of the agency within the meaning of section 202. N......edure against the judgment and order dated 7-4-2004 passed by Second Court of Additional District Judge at Dhaka dismissing Miscellaneous Appeal No. 299 of 2003 and No. 335 of 2003. 2. Short facts for disposal of the Rule are that, on 9-8-03 opposite party Nos. 1 and 2 as plaintiffs instituted Ti......in short, is that defendant No. 3 on 4-7-92 and 1-7-92 appointed the plaintiffs distributors for whole of Bangladesh for marketing, etc of Messrs Birla Tyres brand items. The plaintiffs invested huge money for sale and marketing of said tyres. Even after successful business for long time, said defen..Category: Civil Law | Date: | Hits: 148
Atar Ali Sheikh (Md) & another Vs. Md Karam Ali Sheikh & others, 2003, 32 CLC (HCD)
.... were given to the plaintiffs, which was most inequitable and the learned District Judge therefore, cancelled such report and ordered for fresh partition. 8. Lastly, he submits that the plaintiffs claim for share of 4.16 acres of land comprise of various plots as was described in the Schedule 'Kh...... at Rajbari in Title Appeal No. 162 of 2001 reversing those dated 4-9-01 passed by the Subordinate Judge, Court No. 1 at Rajbari in Title Suit No. 23 of 1995. 2. The plaintiffs instituted the suit for partition. Defendant Nos. 1 to 8 and 30 who are opposite party Nos. 1 to 9 herein contested the ......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. ..Category: Property Law | Date: | Hits: 70
Bengal Bricks Industries Ltd. Vs. Al-haj Md. Ishaque Chowdhury and others, 2004, 33 CLC (HCD)
....ted conspiracy to deprive the defendant No.1 of said property. Said defendants then entered into an agreement for partition amongst themselves. 15. It may be noted that defendant No. 3 opposed the claim of his mother in the suit property by filing a written objection. Defendant Nos. 6 and 7 ultim......ich decreed the suit. 2. On 8-1-97 respondent No.1 as plaintiff instituted Other Suit No. 4 of 1997 in the Second Court of Subordinate Judge at Sadar in Chittagong against the appellant and others for declaration of title and confirmation of possession and for further declaration that ex-parte ju......f the contract dated 27-2-81. The suit was ultimately renumbered as Other Suit No. 151 of 1992. Defendant No. 3 appeared and filed a written statement admitting the contract dated 27-2-81, receipt of money thereupon and delivery of possession. He also said that due to the pressure of his mother and ..Category: Property Law | Date: | Hits: 71
Shamsul Haque Vs. Luna Fahmida Rahman and others, 2004, 33 CLC (HCD)
.... any word to the plaintiffs. Shamsul Haque wrote a letter to the plaintiffs in England disclosing that he was living with his family members in the house and also requesting for Taka 129,446 which he claimed to have expended for repair and other works. He also expressed his desire to purchase the su......997. Luna Fahmida Rahman and Dana Farzana Rahman, two full sisters, on 19- 5-97 instituted the suit against their uncle, Md. Shamsul Haque and 3 others in the Court of Joint District Judge at Rangpur for a decree declaring their right, title and interest in the suit property and also for recovery of...... Rahman appointed, her father, Hamiduddin Ahmed caretaker in respect of the suit land. She instructed her father to make a two-storied building on the suit land and accordingly, she time to time sent money to her father. 9. Hamiduddin Ahmed got a plan approved by the, local Municipality on 17-12-..Category: Property Law | Date: | Hits: 139
Rupali Bank Ltd. and others Vs. Chairman, First Labour Court and others, 2005, 34 CLC (HCD)
....ervice by means of transfer from one post to another and from one place to another. The petitioners' bank is therefore liable to suffer for its omission and commission. To avoid or resist the present claim of the respondent No. 2 in all these writ petitions the petitioner’s bank was required in la......and Godown Keeper in the petitioners' bank as permanent workers should not be declared to have been passed without any lawful authority and are of no legal effect. 2. These Rules initially came up for hearing before a Division Bench of the High Court Division and the said Bench having noticed a c......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...Category: Employment/Service Law | Date: | Hits: 85
World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....75(3) the Parliament intended that the State should not be burdened with liability based on unauthorized contracts and the plain object of the provision, therefore, is to save the State from spurious claims made on the strength of such unauthorized contracts. Thus, the provision is made in the publi......osts and Telecommunications (hereinafter referred to as the "MOPT"), the Government of the People's Republic of Bangladesh issued "Request For Proposals" (hereinafter referred to as RFP) (Annexure-C) for installation of 3 lac Public Switching Telephones, commonly known as land phone, in private sect......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...Category: Information Technology Law | Date: | Hits: 321
.... item manufactured by the petitioner-companies in Bangladesh. It is further contended that pursuant to the said notification the respondents assessed supplementary duty on the products and thereafter claimed VAT on the sale price and, as such, the said notification so far it relates to the HS. Code ...... fact that in the 3rd Schedule at the import stage of the spare parts of CKD duties were exempted but at the time of sale VAT has been demanded on the sale price which includes the import price. Therefore, it is contended that the benefit which was given to the petitioners by exempting payment of su...... any lawful authority and are of no legal effect.
In view of the facts and circumstances of the cases there will be no order as to cost.
Ed.
This Case is also Reported in: 58 DLR (2006) 5.
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Category: Fiscal/Taxation Law | Date: | Hits: 81
Selim Reza Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....idavit-in-opposition on the last date of hearing on 13-8-2005 contending that although the bid submitted by the respondent No. 7 at Taka 20,01,000 was found to be the highest and since the petitioner claimed to have offered more than that amount the government decided to go for a fresh tender. 5......., excluding any offer below Taka 22,50,000. 2. It is stated in the writ-petition that the Upazila Nirbahi Officer (UNO), Jibannagar, District Chuadanga, respondent No. 6, initially fixed 28-2-2005 for submitting tender to lease out the Jibannagar Shialmari Cattle Hat situated in Jibannagar Upazil......a view to participate in the said tender already deposited Taka 4,50,000 in the name of UNO at Utholi Branch, Sonali Bank by two Bank Drafts both dated 29-3-05, by way of Call Deposit (CD) as earnest money. But because of some unavoidable circumstances he could not submit his tender on 13-4-2005. Th..Category: Others | Date: | Hits: 114
Annada Prosad Das Vs. DC, Khulna and others, 2001, 30 CLC (HCD)
.... of Pakistan under section 3(d) of the Pakistan Citizenship Act or in any other manner. Before considering the evidence necessary to clarify upon whom the onus proof lies in this case. The plaintiffs claim that they are citizens of India whereas the alleges that they are citizens of Pakistan. Ordina......lna in Title Appeal No.114 of 1974, dismissing the appeal and affirming the judgment and decree dated 8-7-74 passed by the Munsif, 1st Court, Bagerhat in Title Suit No.67 of 1972, dismissing the suit for declaration that the plaintiff present appellant is a citizen of Bangladesh. 2. The case of t......ppeal is allowed, the judgments and decrees of the Courts below are set aside and the suit is decreed in full. No order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 496...Category: Immigration and Citizenship Law | Date: | Hits: 190
Anindra Bhusan Ghose Vs. Bangladesh Government, 2001, 30 CLC (HCD)
....got no certainty as to the transaction to be treated as a mortgage and how and when to return. There is no agreement or no recitals in the Exhibit 2 even to categorize the sale as a mortgage. So, the claim that the transfer was a mortgage and there was agreement to reconvey the land is not supported......sed by the Subordinate Judge, Khulna in Title Appeal No.156 of 1976 on 21-9-77 affirming those of the Munsif, 2nd Court, Satkhira passed in Title Suit No.419 of 1975 on 26-6-1976, dismissing the suit for declaration of title of the plaintiffs in the suit land. 2. Plaintiffs’ case, in short, is ......he vendor is that it was intended to be a mortgaged deed in that in order to become a Director of the Company he had to purchase the qualifying share of Taka 30,000.00 but as he could not procure the money he executed this deed as mortgage deed on condition of reconveyance if and when the mortgage m..Category: Property Law | Date: | Hits: 85
....ainable.
For the reasons stated above, we do not find a substance in this Rule, which is discharged without any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 488.
....... An investigation was made and the Investigation Team submitted a report on 10-1-89 wherein it was stated that the opposite party received substantial amount of money from the Corporation as advance for the purpose of completion of various works at Gangaram Centre, but no voucher was filed by him i......riod 1988 in Timber Extraction Project. An investigation was made and the Investigation Team submitted a report on 10-1-89 wherein it was stated that the opposite party received substantial amount of money from the Corporation as advance for the purpose of completion of various works at Gangaram Cen..
Category: Civil Law | Date: | Hits: 89
Parul Bala @ Parul Rani Shah Mondol Vs. Suruj Miah and others, 2001, 30 CLC (HCD)
.... the sole owner of the suit property. But that question did not arise at all to be decided in this legal conflict, as other brother of the defendant No.2 did not contest or question this point as was claimed by the defendant No.2 that the suit property was joint property and was earned as such and h......4, dismissing the appeal and affirming the judgment and decree dated 26-5-1964 passed by the Subordinate Judge, Additional Court, Noakhali in OC Suit No.45 of 1960 dismissing the suit which was filed for declaration of title of the plaintiffs to the suit property, on the basis of purchase on 26-2-19......and. 2. Plaintiff’s case, in short, is that the defendant No.2 Raj Kumar Ghose sold the suit land for Rs. 12,000.00 on 26-2-1951 vide Exhibits 1 and 1(a) sub-kabalas to the plaintiffs to collect money for payment of income tax levied against said Raj Kumar Ghose and his other brothers who are d..Category: Property Law | Date: | Hits: 83
Abdus Sukur (Md.) and others Vs. Bhasani Mandal and another, 2001, 30 CLC (HCD)
....tice issued by the local Demra Police Station on the basis of a complaint dated 7-7-1998 lodged by the defendant Nos. 1 and 2, and therefrom, they came to learn for the first time that the defendants claimed to have obtained the aforesaid judgment and decree in Title Suit No.51 of 1997. Obtaining a ......o. 748 of 1999 reversing those dated 30-9-1999 passed by Senior Assistant Judge, 6th Court at Dhaka in Title Suit No. 249 of 1998. 2. The petitioners as plaintiffs on 28-7-1998 instituted the suit for setting aside the judgment and decree dated 24-5-1998 and 31-5-1998 respectively, exhibit 12 and......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...Category: Property Law | Date: | Hits: 75
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