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Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)

....0), 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 the period prior to institution of the suit and by specific laws providing for compensation for non‑payment o......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. ......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)

....the control of the tenant. In the instant case the trial Court accepted the tenant's case that the situation prevailing at the relevant time made it impossible for the tenant to pay rent, although prior to that rent was regularly paid, which the landlord's witness also admitted. 6. The le......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 ......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

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. ...... 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. ......e successfully completed both the courses. While serving as Manager in 1983 the respondent was appointed as a Director on contract basis in the Directorate of Relief and Rehabilitation under the same Ministry keeping lien in the Corporation, initially for a period of 3 years which was extended for a..

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....... 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.......Court Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Rear Admiral AA Mustafa..........Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Defence, Old High Court Building, Dhaka .................... Respondent Judgment ..

Category: Employment/Service Law | Date: | Hits: 107

Bangladesh Shilpa Rin Sangstha Vs. Haque Brothers (Carbide) Ltd., 1994, 23 CLC (AD)

....r‑Sangstha now says, is an error apparent on the face of the record and it is its submission that the operative portion of our order needs be corrected, so as to incorporate interest accrued prior to the institution of the miscellaneous case, which, in the submission of Mr. Rafique-­ul......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 ......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)

....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   ...... J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Abdul Bari Sarker .............................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Establishment, Government of the People's Republic of Bangladesh, Bangladesh Secretaria..

Category: Employment/Service Law | Date: | Hits: 73

Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)

....Writ Petitions were contested by the Government and also by respondents-officers. Their common ground was that consultation with the PSC was not necessary for ad‑hoc appointments made in the period prior to 8 April 1972 as provided in the President's Order No. 25 of 1973 constituting the Banglades......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. ...... ..

Category: Employment/Service Law | Date: | Hits: 97

Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)

....d nationalised enterprises and to prescribe "uniform grades and scales of pay" and other terms and conditions of service of their employees. Prior to Act No. XXXII of 1975, to be precise, prior to the Independence of Bangladesh, there were in force over 200 different grades and scales ......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. ......he impugned terminations of service were held to be punishment without giving show cause notice. In the case of Abdul Majid Vs. Mushafee Ahmed, 17 DLR (SC) 63 the appellant held a civil post in the Ministry of Defence; his service was terminated by two months' notice in terms of the order of' hi..

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.   ......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.   ......r Parking Centre as is evident from the Master Plan of the respondent No. 2; Implementation committee for Removal of Traffic and Transport Problems in Dhaka City, which was headed by the Secretary, Ministry of Housing and Public Works Department, in its meeting held on 7th August, 1986, took a r..

Category: Environmental Law | Date: | Hits: 293

Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)

....register the kabala, that balance of the consideration money was paid to the attorney of Karuna Moyee Dasi and he assured to execute and register the kabala within the shortest possible time, that prior to the execution and registration of the kabala by Karuna Moyee Dasi the defendant No.1 in co......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. ......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

Serajul Islam & others Vs. Md. Abdur Razzaque Chowdhury and another, 2006, 35 CLC (AD)

....te Court being the final court of fact, considered the documents of title of both the parties and found that the plaintiffs' predecessor Nowab Ali purchased the suit land in the year 1946 and 1951 prior to the purchase of defendant No. 1 (petitioner herein). 8. The High Court Division a......tly affirmed the decision of the lower appellate Court as the final court of fact. In such view of the matter, this petition merits no consideration Accordingly, it is dismissed. Ed. ......tly affirmed the decision of the lower appellate Court as the final court of fact. In such view of the matter, this petition merits no consideration Accordingly, it is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 43

Kader Textiles (Pvt) Ltd. and another Vs. Md. Lehajuddin Miah, and others, 2006, 35 CLC (AD)

....ection 233 of the Company law and thus in passing the impugned judgment and order. Therefore, we do not find merits in this leave petition. Accordingly, this leave petition is dismissed. Ed. ......ection 233 of the Company law and thus in passing the impugned judgment and order. Therefore, we do not find merits in this leave petition. Accordingly, this leave petition is dismissed. Ed. ...... but the petitioners 2 and 3 did not make any response. The respondents then referred the matter to the Registrar, Joint Stock Companies. On examination of the papers, he referred the matter to the Ministry of Commerce who appointed a firm of the Chartered Accountants by its letter dated 16-9-198..

Category: Business or Commercial Law | Date: | Hits: 86

Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)

....ued that in all fairness proviso to sub-Article (3) of Article 147 of the Constitution should not be construed to allow the persons holding the offices mentioned in sub-Article (4) to retain their prior office, post or position  of profit or emolument. The learned Counsels further argued th...... question. All the appeals are therefore, allowed. There is no order as to costs. The connected civil petition is disposed of in the light of the Judgment in the appeals. Ed. ...... question. All the appeals are therefore, allowed. There is no order as to costs. The connected civil petition is disposed of in the light of the Judgment in the appeals. Ed. ..

Category: Civil Law | Date: | Hits: 103

Bangladesh Bank Vs. Rana Awan and others, 2006, 35 CLC (AD)

.... 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. ...... 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. ......ocedure. 2. The respondent No. 1 filed Title Suit No. 8 of 1997 in the Court of Subordinate Judge (now Joint District Judge) First Court, Dhaka seeking decree for Taka 2,15,374 against the Ministry of Works and its Secretary, the respondent Nos.2 and 3 herein, and obtained ex parte decre..

Category: Civil Law | Date: | Hits: 104

Harendra Nath Mahali Vs. Ramesh Chandra Haider and others, 2006, 35 CLC (AD)

....and and the original owner is in possession. The fact of execution of the agreement of reconveyance was proved by the OPW No.3, the scribe of the sale deed. 11. The law is settled now that prior to the filing of the petition seeking preemption if the land goes back to the original owner ...... reconveyance at all stages. 18. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of. Ed. ...... reconveyance at all stages. 18. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of. Ed. ..

Category: Property Law | Date: | Hits: 67

Afia Begum and others Vs. Abdul Baset Mia & others, 2006, 35 CLC (AD)

....ling of a preemption case will be defeated. 10. It is pertinent to mention that the appellant has not taken any leave as regard the question of pre-emptees' being co-sharers by inheritance prior to the sale sought to be preempted as held by the High Court Division as well as by the appe....... In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed. There is no order as to costs. Ed.   ....... In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed. There is no order as to costs. Ed.   ..

Category: Property Law | Date: | Hits: 70

Nur Amin and others Vs. Abdul Quddus and others, 2006, 35 CLC (AD)

....the state of the matter the plaintiff-respondents in whose name kabuliyat was executed by the Government on July 11, 1991 were not competent to challenge the title of the defendant-appellants since prior to the  execution of the kabuliyat by the Government, the Government ceased to be the o......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. ......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

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. ......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. ......f the said property, namely, Yakub Ahmed and brothers and the petitioner's father, After liberation of Bangladesh the building at 11, Bangabandhu Avenue, Dhaka was declared abandoned property and the Ministry of Commerce through the Deputy Commissioner, Dhaka controlled the management of the said bu..

Category: Tenancy Law | Date: | Hits: 67

Agrani Bank and other Vs. Essential Garments Ltd. and others, 2006, 35 CLC (AD)

....k is illegal. The amount claimed by the Bank is outstanding against the loan advanced to the respondents. The contention of the parties as to outstanding amount is highly contentious and the same, prior to filing of the writ petition, is already subject matter of adjudication before the ordinary......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. ......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

Abdul Mannan Vs. Tayeb Ali and others, 2006, 35 CLC (AD)

....he defendant No. 1, that PWs 3 and 4 have supported the plaintiff as regard talk of sale by the defendant, that from the evidence of PWs 1, 3 and 4 it is evident that talk of sale was held 2/3 days prior to the execution of the kabala and that in presence of PWs 3 and 4 price was fixed and thus p......rit. 16.  In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ......rit. 16.  In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ..

Category: Property Law | Date: | Hits: 66