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....already done in accordance law, in full and final settlement of the claims of the writ-petitioner under the contracts.
Ed.
This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ......0,55,12,076.55 (Tk. Ten crore, fifty five lac, twelve thousand and seventy six and paisa fifty five only). In this regard it would also be incumbent upon the respondents to refund the earnest money amounting to Tk. 23, 00,000/- (Tk. Twenty three lac) paid by the petitioner and already enchased by ......dgment
July 19, 2009.
Result:
The petition under Article 104 of the Constitution is rejected. The Contempt Petition No.1 of 2005 is rejected. The appellant is ordered to refund the earnest money of TK. 23,00,000.00 within 45 days with interest at the rate of 12% per annum in Civil Appeal ..
Category: Civil Law | Date: | Hits: 212
State Vs. Md. Moslemuddin, 2004, 33 CLC (AD)
....iew of above position we find no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. This Case is also Reported in:I ADC 545. ......iew of above position we find no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. This Case is also Reported in:I ADC 545. .......3.90 and thus the respondent Tahsilder misappropriated Tk.21,137.81. The defence case appears to be that there being no safe custody in his Tahsil Kachari the respondent Tahsildar, after keeping the money in the safe custody of Jamurki Tahsil Kachari, went home and subsequently he deposited the mon..Category: Criminal Law | Date: | Hits: 63
A.T.M. Nasiruddin & ors Vs. Abdul Khaleque being dead his heirs: MA Malek & ors, 2009, 38 CLC (AD)
....e review petitions the petitioners in fact are seeking rehearing which is not permissible in review. The review petitions are dismissed. Ed. This Case is also Reported in: ......and they took the signature of Abdul Khaleq in a blank stamp for business purpose and giving Tk.20,000/- to him they also took his signature on a rent receipt assuring that they will take back the amount given to him and the petitioners also gave him a photocopy of typed stamp to him and request......tely failed and so he, on 29.11.1987, served a legal notice upon the petitioners under section 106 of the Transfer of Property Act and then the petitioners remitted 6 months rent at a time through money orders dated 19.11.1987 and thereafter made deposit of 6 months rent at a time with the House..Category: Property Law | Date: | Hits: 48
Mrs. Zinnatul Ara & ors Vs. Government of the People’s Republic of Bangladesh, 2009, 38 CLC (AD)
....there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: ......idering the facts and circumstances, the issues involved and also misconstruing the provisions of forfeiture of the earnest money in case of failure of the auction purchaser to deposit balance 75% amount within 10 days from the acceptance of the auction tender as provided in section 33(2) of the......or the petitioner submits that the High Court Division without at all considering the facts and circumstances, the issues involved and also misconstruing the provisions of forfeiture of the earnest money in case of failure of the auction purchaser to deposit balance 75% amount within 10 days from..Category: Civil Law | Date: | Hits: 88
Md. Nazrul Islam and others Vs. Md. Abdur Rouf, 2009, 38 CLC (AD)
....ns and so there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: ......tainable under section 21(a) of the Specific Relief Act and the High Court Division committed error of law in directing the petitioner No.1 to pay a solatium of Tk.4,50,000 over and above the loan amount of Tk.3,50,000 in an arbitrary manner without any justification or evidence as to how such s......cca building standing thereon belonged to the petitioner No.1 and he, in terms of an agreement dated 10.11.2002, borrowed Tk.3,50,000.00 from him on condition that the petitioner No.1 would pay the money to him within 10.11.2003 failing which the petitioner No.1 would transfer the suit land alon..Category: Property Law | Date: | Hits: 28
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
....mong people ultimately creating law and order situation. Delay in dispensing justice due to embarrassment of learned Judges is also shameful and at the same time disgraceful for the judiciary as a whole frustrating ends of justice and causing disrespect to the faith reposed by the people to the ...... the question as to the court before which the proceedings are to be instituted for the determination of the Government, whose order upon such reference shall be final.’’ ......w and order of the country, instead of providing and helping it's citizens getting justice, protected, rehabilitated and harboured the criminals by misusing the State machinery and the hard toiled money of the citizens illegally and without authority only to fulfill their personal interest and i..Category: Criminal Law | Date: | Hits: 229
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
....tative aspects of ‘law’, thereby showing their adherence to the concept of rule of law as propounded by the latter viewers. If the relevant paragraph of the preamble is read as a whole in its proper context, there remains no doubt that the framers of the Constitution intended t...... is not illegal by illegal means, such an agreement is designated a criminal conspiracy.” A proviso has been added which provides that no agreement except an agreement to commit offence shall amount to conspiracy. Therefore, it is apparent that a prima facie case of conspiracy has to be es......r Dalim delivered speeches for toppling the Government and as per their direction, they took ammunition with them. The testimony of this witness was not challenged by the defence in any manner. ..Category: Criminal Law | Date: | Hits: 228
Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)
....f the Sangstha generally or specially authorised by the Board in this behalf, may apply to the District Judge within the local limits of whose jurisdiction the industrial concern carries on the whole or a substantial part of its business, or the office or Branch of the Sangstha from which th......, Dhaka on 28-9-1983 which subsequently, on transfer to the Court of the Subordinate Judge and Commercial Court No. 2, Dhaka, was renumbered as Misc. Case No.13 of 1984, for realisation of its dues amounting to Taka 68.46 lakh including compensation. In that proceeding Tapashee Shipping Lin......n of second-hand/reconditioned old engines for the said cargo vessels and called upon the Dockyard to effect payment of the amount already disbursed by the Sangstha along with the compensation money within 15 days. The Dockyard failed to take any step to repay the outstanding dues. The caus..Category: Business or Commercial Law | Date: | Hits: 311
Golam Rabbani Vs. Chairman, Court of Settlement and others, 2008, 37 CLC (AD)
....e circumstances, we do not find any cogent ground to review the impugned judgment, Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 71. ......e circumstances, we do not find any cogent ground to review the impugned judgment, Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 71. ...... a consideration of Tk. 60,000/- upon receipt of Tk. 40,000/- as advance and it was stipulated that the kabala would be executed and registered within 6 months on receipt of balance consideration money, but the said vendor did not complete the same within 6 months. Later on his daughter informed..Category: Property Law | Date: | Hits: 32
Islami Bank Bangladesh Ltd. Vs. Commissioner of Taxes, Companies Circle-19, 2008, 37 CLC (AD)
.... it is sent forth to those parts of the body-politic which need it most. The institution of Zakat thus becomes not only a levelling influence but also means for the upliftment of the nation as a whole." 44. According to the author, "Zakat is not simply obligatory char......nt holders, who pay 'Zakat,' is under obligation to pay the same in the light of the principles of Islamic Shariah and the Memorandum and Articles of Association of the Bank and, as such, amount expended on account of 'Zakat' wholly and exclusively for the purpose of conducting its......he purpose of conducting its business is in the nature of allowable expenditure, that the payment of 'Zakat' by the petitioner attracts a significant number of depositors who invest their money with the belief and object that a portion of the profit of the bank will be contributed for t..Category: Fiscal/Taxation Law | Date: | Hits: 145
Monirul Islam Vs. State and another, 2009, 38 CLC (HCD)
....an offence under section 405 of the Penal Code. This decision governed the field for about a century until 1951 when the case of Bhuaban Mohan Das Vs. Surendra Mohan Das AIR 1951 Cal. 69 reversed the whole conception and held that a partner cannot be charged under section 406 of the Penal Code in re......sed his decision to pay Taka 2,14,000/- to the complainant without giving any decision of Taka 3,77,625/- of 5 installments. The arbitrator and the accused petitioner tried to misappropriate the said amount of Taka 3, 77,625/- in connivance with each other. Against the said award passed by the arbit......e complainant- opposite party No.2 and the accused petitioner. 10. It also appears that in the petition of complaint nothing has been mentioned that the accused petitioner has misappropriated the money but alleged that- “(৬) এমতাবস্থায় উপরোক্ত বিব..Category: Criminal Law | Date: | Hits: 93
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....t for a particular purpose. The Additional Judge can never be regarded as a professional. On the expiry of the initial tenure of the Additional Judge when he is to be considered for reappointment the whole gamut of consultation has to be gone over again. It should be born in mind that in no case the......h Court Division is a unit of this Court with a co-ordinate jurisdiction and one Judge or a group of Judges can not challenge the judgment passed by another Judge or a bench of Judges since that will amount to challenging their own judgment which is not permissible in law. ...........Moreover if thi......he idea of corrective justice comes down to us from Aristotle. Its principle is applicable in common law fields as torts and contracts. Distributive justice is justice in the distribution by state of money, honors and other things of value-requires distribution according to merit. Corrective justice..Category: Constitutional Law | Date: | Hits: 251
M/S. Classic Fashion Limited Vs. Mrs. Asrafunnessa Dana and another, 2009, 38 CLC (AD)
.... Security of TK.1000.00 is to be deposited with one month from date. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ......rt of Subordinate Judge, Dhaka for realization of rent with compensation and other reliefs, which is pending; that the defendant also did not pay rent for the period from January to September, 1995 amounting to total TK.13,25,136.00; that the defendant did not clear up the said dues despite repea......he defendant was dispossessed by the plaintiff from some portion of suit premises, as a result, his monthly rent was reduced to TK.18,664.00. The defendant also deposited TK.1,20,000.00 as security money to the plaintiff to be adjusted against the rent as per terms of the contract. The dispute b..Category: Civil Law | Date: | Hits: 110
Golam Mostafa and others Vs. Government of the People’s Republic of Bangladesh, 2007, 36 CLC (AD)
....e do not find any cogent ground to interfere with the same. This Petition is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: ......squo;s company got allotment of lease of 60 acres of land on 29.04.1963 from the Government and as per terms and conditions as agreed upon and on receipt of the payment of the entire consideration amount the Government executed and registered the formal lease deed on 07.11.1969, though handed ov......opposed by filing affidavit-in-opposition containing certain false statements in the affidavit-in-opposition but the High Court Division found that the allottees were paid the entire consideration money for their entire 60 acres of land and also paid TK.1,72,000.00 in excess for payment to the u..Category: Property Law | Date: | Hits: 25
Md. Lukman Vs. Rustom Khan and others, 2008, 37 CLC (AD)
.... above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......979 in the Court of Subordinate Judge, 1st Court, Sylhet against Shoshi Mohan and others which was decreed by the judgment and decree dated 10.07.1980 and when the debtor failed to pay the decretal amount, father of the plaintiffs filed Money Execution Case N9.14 of 1982 before the selfsame Court......75 will be deposited to the Court and on the same day TK.2,872.00 was deposited before the Court and permitted to deposit rest amount before the Court within one month and after depositing all the money obtained sale certificate but wrongly it was not mentioned that the defendant was a benamder ..Category: Property Law | Date: | Hits: 51
Janab Ali (Md.) and another Vs. Salema Khatun and others, 2009, 38 CLC (AD)
....03. Thus, we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 122. ......-emptee is the leave petitioner. The pre-emptor filed the pre-emption case claiming to be co-sharer in the case jote within limitation depositing the deed value together with the compensation amount as per law and that the pre-emptee contested the case by filing written objection asserting,...... within the knowledge as well as in presence of the pre-emptor, showing the consideration amount at Taka 12,000 in the sale-deed, whereas, in fact, the pre-emptee paid Taka 16,000 as consideration money as fixed within the knowledge of the pre-emptor. 3. The trial Court framed as many as ..Category: Property Law | Date: | Hits: 38
Shamsu Meah and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....bservation of the High Court Division on the merit, of the case will have no bearing while deciding the dispute by any civil Court. Ed. This Case is also Reported in: VI ADC (2009) 702. ......an of aforesaid 12 plots and as such the order of cancellation of the said plots is arbitrary and malafide; the petitioners, having taken possession of their plots from the Government invested huge amount of money for raising boundary wall and construction of semi pucca structures in their ......said 12 plots and as such the order of cancellation of the said plots is arbitrary and malafide; the petitioners, having taken possession of their plots from the Government invested huge amount of money for raising boundary wall and construction of semi pucca structures in their respective ..Category: Property Law | Date: | Hits: 34
Md. Abu Sufian and others Vs. Ferdoshi Begum and others, 2009, 38 CLC (AD)
....nd no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 698. ......asing plots which is relevant to be stated that as per terms of the Indenture Clause No.12 when a plot purchaser surrender his plot for his/her inability, the company shall refund his deposit amount after deducting booking money and the company, therefore, intends to pay back their d......ome have fallen under serious financial crises and few of them are women who are facing family trouble from their husbands and their family members are threatening them to leave them for investing money in purchasing plots which is relevant to be stated that as per terms of the Indenture C..Category: Business or Commercial Law | Date: | Hits: 199
Bashudev Ghosh & ors Vs. Iswar Sree Sree Bashudev Shalgram Shola Jew Bigrah & ors, 2009, 38 CLC (AD)
.... petitions being Civil Petition for leave to Appeal No. 878 of 2008 and civil petition for leave to Appeal No. 879 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 680. ...... petitions being Civil Petition for leave to Appeal No. 878 of 2008 and civil petition for leave to Appeal No. 879 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 680. ......nd that after his death the petitioner became the tenants by way of inheritance and that the rent offered for the month of Poush 1388 B. S. was refused and accordingly the rent was sent though postal money order, which returned unpaid with endorsement that the addressee found absent. The landlord en..Category: Tenancy Law | Date: | Hits: 145
Sonali Bank Vs. Artha Rin Adalat, Narayangonj and others, 2009, 38 CLC (AD)
....e impugned judgment passed by the High Court Division. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 686, 62 DLR (AD) (2010) 231.......e Execution Case No.8 of 1995 by the Artha Rin Adalat, Narayanganj, rejecting the application for cancellation of the auction bid held on the date i.e. on 02.01.2005 and acceptance of the highest bid amount of Tk. 9,04,000/- directing deposit of the balance auction-bid amount through pay order on 12......in the auction sale. In the instant case, it is not such case rather it appears that at the instance of the decree holder bank auction was held and ultimately the decree holder bank has withdrawn the money deposited by the auction purchasers. After the auction process is completed, proceeding wi..Category: Banking Law | Date: | Hits: 373
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