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....with malafide intention.
18. It appears that the impugned order dated 22-11-1999 was duly served upon the owner respondent No.4 as well as upon the occupier (the petitioners) and, as such, the whole argument of Khasruzzaman is that since there has been an established act of unauthorised const......and similar notice was also issued by Annexure.2 dated 27th July 1997 which shows that the said owner (respondent No.4) asked the petitioner to vacate the house on the ground of non payment of rental amount to the respondent No. 4 by the cheques issued by the petitioners which were dishonored by the......oners possession. The petitioners offered rent to the respondent No. 4 but it was refused and they in order to avoid for their being treated as defaulters, sent monthly rent to the respondent No.4 by money order but the same was returned unsaved. The petitioners then filed House Rent Control Case No..
Category: Property Law | Date: | Hits: 31
Islami Bank Bangladesh Ltd. and others Vs. Abdul Jalil and others, 1999, 28 CLC (HCD)
.... in his decision occasioning failure or justice and as such, the impugned order is liable to be set aside and is accordingly, set aside. Ed. This Case is also Reported in: 53 DLR (2001) 29. ......BLD (AD) 247, 44 DLR (AD) 242- “a resort to section may be made in the interest of justice in an exceptional Case where the suit is foredoomed and it is allowed to be proceeded with, it will amount to an abuse of the process of the Court.” From a reading of the plaint the fate of t......process of the Court.” From a reading of the plaint the fate of the ‘instant suit becomes clear if the present suit is allowed to proceed further it would only consume the time, energy and money of all the parties concerned, in such facts and circumstances of the Case this Court cannot al..Category: Property Law | Date: | Hits: 61
....ose women involved in prostitution. A recent incident leading to the illegal, forcible and violent ousting of prostitutes from their lawful residence has given cause to the petitioners to address the whole issue for protection and status of fundamental rights of citizens including women in prostitut......hem as unwanted in the society hounding them from their peaceful occupation of house/rooms rented by them from the owners of the buildings. They regularly pay rent to the landlords as well as a large amount of money to different authorities including the law enforcing agencies and contribute to the ......anted in the society hounding them from their peaceful occupation of house/rooms rented by them from the owners of the buildings. They regularly pay rent to the landlords as well as a large amount of money to different authorities including the law enforcing agencies and contribute to the developmen..
Category: Constitutional Law | Date: | Hits: 264
State Vs. Md. Sadequl Islam Tusar and others, 2009, 38 CLC (AD)
....ence. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 134, 15 MLR (AD) (2010) 147, 19 BLT (AD) (2011) 160. ......han Kabir, (brother of the deceased), Advocate Ashraful Islam Dulu (P.W.6) (brother-in-law of the deceased) and professor Farida Yasmin (P.w.2) (sister of the deceased) and asked them to pay the rest amount of dowry without delay. They sometimes used to threaten them (informant and his relations) an......ther-in-law Advocate Ashraful Islam Dulu (P.W.6) went to the house of the accused and requested them not to put pressure on Rakhi for the dowry. However, they (P.Ws.1 and 6) promised to give the rest money soon to Sadequl, Islam Tusar and brought Rakhi to their house. Thereafter, they paid Tk.1, 00,..Category: Criminal Law | Date: | Hits: 43
Md. Abdur Rahim Vs. Md. Amirul Islam & others, 2007, 36 CLC (AD)
.... Advocate could not point out any new materials for review of the impugned judgment. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 128. ...... Advocate could not point out any new materials for review of the impugned judgment. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 128. ......ptee contested the case by filing written objection denying the material allegations made in the miscellaneous application and contended that the pre-emptor did not deposit the total consideration money and the pre-emptee made improvement of the case land by investing huge money. 4. The trial ..Category: Property Law | Date: | Hits: 20
Abul Hashem Vs. International Oil Mills Limited, 2009, 38 CLC (AD)
....es on premium to be paid and on other related matters. Civil Miscellaneous Petition is also disposed of in terms of this judgment. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 117. ...... informed the petitioner through Annexure-C that the respondent Nos.1, 2 and 3 are not the proper authority to lease out the land in question to the petitioner. The respondent No.4 received pay order amounting of Tk. 7,68,922.00 as mentioned in paragraph Nos.10 and 22 of the writ petition as payment......t a joint application with the writ respondent No.1 to the writ respondent No.4, Chittagong Port Authority, prior to which, the writ respondent No.1 was required to pay off the dues relating to lease money of Tk.7, 28,857.31 for the period of 01.01.1984 to 31.12.1990 to the lessor i.e. writ responde..Category: Property Law | Date: | Hits: 33
A. K.M. Hasanuzzaman Vs. Abdur Rab Chowdhury and others, 2010, 39 CLC (AD)
.... miscellaneous appeal. Under such circumstances, this petition does not merit consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 437. ......aneous case was allowed in part by the Claims Tribunal and held the respondent Nos.1 and 2 vicariously liable for the negligence of the driver of the bus, as such, they were directed to pay various amounts of compensation with interest at the rate of 12% per annum till realization of the entire am...... miscellaneous appeal. Under such circumstances, this petition does not merit consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 437. ..Category: Civil Law | Date: | Hits: 96
Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)
....low. Considering the facts and circumstances of the matter, we find no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 418. ......of total consideration of Tk. 34,500/- (Taka thirty four thousand five hundred). It had been stipulated therein that he would execute a sale deed in favour of the plaintiffs on receipt of the balance amount after mutating the suit property. As per terms of the agreement the plaintiffs requested in J......low. Considering the facts and circumstances of the matter, we find no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 418. ..Category: Property Law | Date: | Hits: 17
Biman Bangladesh Airlines and others Vs. Al Rojoni Enterprise, 2010, 39 CLC (AD)
....nd order dated 26.11.2008 passed by the High Court Division in First Appeal No. 28 of 2004, be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 415. ......of Rule 22 of the First Schedule of the 1966 Act and in terms of the Airway bill but the High Court Division committed an error of law by awarding interest at the rate of 8% per annum on the decretal amount in violation of the aforesaid Rule 22 and the Airway bill. 7. The above submissions of......wing the First Appeal No.28 of 2004 and in decreeing the suit for Tk. 21,19,971.60 with interest of the rate of 8% per annum. 2.The facts of the case, in brief, are that the respondent filed a money suit being the Money Suit No. 21 of 2001 in the Court of Subordinate Judge, Third Court, Dhaka..Category: Civil Law | Date: | Hits: 85
Sadharan Bima Corporation and another Vs. LG Engineering Co. Ltd and others, 2010, 39 CLC (AD)
....ision and accordingly the leave petition is dismissed with modification that the decree will be executed against defendant No. 1 only. Ed. This Case is also Reported in: VII ADC (2010) 413. ......report. Thereafter the plaintiff by its letter dated 26.05.1999 submitted its loss claim for Tk.33, 98,244.05. The defendant No.1, Shadharan Bima Corporation, instead of making payment of the claimed amount in terms of the policy, advised the plaintiff to file a suit against the inland carrier for d......e judgment and decree dated 04.03.2009 passed by the High Court Division in F.A. No. 437 of 2001 dismissing the appeal with cost. 2. The facts, in short, are that the respondent No.1 filed a money suit being Money Suit No. 36 of 1993 in the Court of learned Subordinate Judge, 3rd Court, Dha..Category: Business or Commercial Law | Date: | Hits: 186
....e no bearing upon the ultimate decision in the election petition.
With this observation this petition for leave to appeal is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 404.
......ail stating that the respondent No.1 Md. Abul Kashem took different type of loans from the aforesaid bank and the outstanding loan stood at Tk.15, 44, 32,437.31 till 30.11.2008 and he did not pay any amount of loan and as such he is a loan defaulter.
5. The Sonali Bank Limited also informed the s......e no bearing upon the ultimate decision in the election petition.
With this observation this petition for leave to appeal is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 404.
..
Category: Election Law | Date: | Hits: 116
....of 1992 by the writ petitioner would be of no help to the petitioner in challenging the abandoned nature of the property in question.
End.
This Case is also Reported in: VII ADC (2010) 388.
......refore. While owning and possessing the building, said Imam Box made a contract with the petitioner for sale of the building at a total consideration of Tk. 19,000/- on 31.12.70 and out of which an amount of Tk. 10,000/- was paid to the original allottee Imam Box who then executed a Bainanama date......therein. Further the decree in a suit for specific performance of contract decided the issues involved as to whether there was any contract for consideration between the parties and whether earnest money was paid in terms of such contract and nothing beyond the said issues and title of the parties..
Category: Property Law | Date: | Hits: 21
....ven at that stage, the respondent did not claim his alleged 750 million Taka. On 26.09.2002 the claimant again demanded payment of the entire outstanding amount i.e. the total sale proceeds for the whole months of July, August 2002 and two days of the month of September 2002. The respondents faile...... defaulted in paying the said sale proceeds which caused the present petitioner to lose substantial money. The instant petitioner, then formally requested in writing to the respondent to pay the said amount of BDT 32,21,50,666.51/-. The respondent denied the claim of the petitioner.
3. The presen......1st 2002. The respondent however, in total violation of the terms and conditions of the agreement, defaulted in paying the said sale proceeds which caused the present petitioner to lose substantial money. The instant petitioner, then formally requested in writing to the respondent to pay the said ..
Category: Alternative Dispute Resolution | Date: | Hits: 207
....with law and no interference is called for.
Accordingly, the application for leave to appeal is dismissed.
This Case is also Reported in: 15 MLR (AD) (2010) 96; 15 BLC (AD) (2010) 113.
...... law provides for simple civil imprisonment of the judgment-debtor to compel to make the payment for satisfaction of the decree and is not an alternative punishment in lieu of payment of the decretal amount. Civil imprisonment will not exempt payment of the decretal amount.
6. Be that as it......with law and no interference is called for.
Accordingly, the application for leave to appeal is dismissed.
This Case is also Reported in: 15 MLR (AD) (2010) 96; 15 BLC (AD) (2010) 113.
..
Category: Civil Law | Date: | Hits: 121
Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)
....eral provisions of the Constitution, Act 1 of 1981 and the Rules of Procedures of Parliament and thereby committed illegality. The mandate under Article 66(4), 67(2), 70 and specially Article 66 as a whole of the Constitution read with Rule 178 of the Rules of Procedure and section 3 of Act 1 of 198...... notification that the seats of the two members in respect of the constituencies mentioned above had fallen vacant. It was contended that their joining the Government of the Awami League as Ministers amounted to resignation from the B.N.P. and immediate cessation of membership of the Parliament unde......two B.N.P. members of Parliament, to the Election Commission within thirty days from the receipt of this order. Ed. This Case is also Reported in: 19 BLD (HCD) (1999) 45, 51 DLR (HCD) (1999) 1. ..Category: Constitutional Law | Date: | Hits: 171
Secretary, Parliament Secretariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)
....their seats pursuant to Article 70 of the Constitution to the Election Commission within 7 (seven) days from receipt of this order. Ed. This Case is also Reported in: 19 BLD (AD)(1999) 276. ......s it is a formal renouncement of an office accompanied by an act of relinquishment, that an act or conduct which cannot even be said to be a voluntary giving up or abandonment of an office does not amount to resignation and that in the facts and circumstances of the case there having been no alleg......their seats pursuant to Article 70 of the Constitution to the Election Commission within 7 (seven) days from receipt of this order. Ed. This Case is also Reported in: 19 BLD (AD)(1999) 276. ..Category: Constitutional Law | Date: | Hits: 138
State Vs. Md. Chowdhury Alam, 2009, 38 CLC (AD)
....nd the appeal being still pending this Court is not inclined to interfere at this stage and accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 346. ...... under the "Income/Received" heading the total income of the respondent was found to be Tk. 1,28,41,800.00 and from the description given by the respondent under the "Expenditure/Payment" the total amount of expenses was found to be of Tk. 5,56,76,070/- among which immovable property of Tk. 4,42......nd the appeal being still pending this Court is not inclined to interfere at this stage and accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 346. ..Category: Others | Date: | Hits: 98
Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)
....-petitioner will be at liberty to file a fresh suit, if so advised, on fresh cause of action for allotment of sham, if there be any. Ed. This Case is also Reported in: VII ADC (2010) 333. ......the S.A.T. Act, he had been delaying to complete the transaction with false pleas. In January, 2000 the said defendant Nos.10 and 11 proposed him to execute the deed of sale on receipt of the balance amount of money but he finally refused to execute the sale deed in their favour and hence the defend...... Act, he had been delaying to complete the transaction with false pleas. In January, 2000 the said defendant Nos.10 and 11 proposed him to execute the deed of sale on receipt of the balance amount of money but he finally refused to execute the sale deed in their favour and hence the defendants filed..Category: Property Law | Date: | Hits: 18
Abul Hasem Chowdhury Vs. Md. Shamsur Rahman, 2009, 38 CLC (AD)
....spondents supported the judgment of the High Court Division. In that view of the matter this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 327. ......sts of the plaintiff. So the plaintiff issued a legal notice to the defendant on 6.3.93 stating all the facts and circumstances and the plaintiff also stated that the defendant failed to pay the sail amount within 1(one) month from the date of receipt of the said notice, the plaintiff will file a su......of reconveyance executed and registered on the same day. The time of reconveyance was 3 months. But the defendant did neither hand over physical possession of the said property nor returned the money to the plaintiff as per agreement dated 29.3.1990 in spite of repeated requests of the plainti..Category: Property Law | Date: | Hits: 21
Md. Abdus Subhan Vs. Md. Khademul and others, 2010, 39 CLC (AD)
....arrived at a correct decision. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 324. ......arrived at a correct decision. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 324. ......efendant Nos.1 and 2 were minors, who inherited the suit land from their mother. Their father, Taslim Uddin entered into a contract for sale of the said land with the plaintiff at a consideration money of Tk.36,000/- out of which he received Tk.7,000/- as earnest money on 9th September, 1994. It..Category: Property Law | Date: | Hits: 26
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