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City Bank Limited Vs. M/s. Oscar Fashionwear Ltd. and others, 2008, 37 CLC (AD)
.... 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: VI ADC (2009) 366. ......spondent Nos. 1-3 on the averments that the plaintiff bank, during the period from 24.1.1984 up to 29.9.1985, opened 48 import L/Cs on behalf of the defendant respondent No.1 for a total amount of US$ 8,96,459.95 for import of fabrics and accessories from abroad and also opened 21 exp......shown debited in the said Account but the same has not been credited in the C.D Account and there are other defects in the said Statement of Account and so the plaintiff is not entitled to get any money from the defendants. 4. The trial Court after hearing, dismissed the suit. On appeal t..Category: Civil Law | Date: | Hits: 106
Md. Abdul Motaleb Sarker and others Vs. Md. Laskar Ali and others, 2008, 37 CLC (AD)
....y held that the suit as framed is not maintainable. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 361. ......w site at Custobai Mouza runs counter to the interest of the people of the Union Parishad concerned. Over and above the purported shifting of the office of the Union Parishad will require huge amount of money from the public exchequer. The present office of the Union Parishad at Amanta Mouz......Custobai Mouza runs counter to the interest of the people of the Union Parishad concerned. Over and above the purported shifting of the office of the Union Parishad will require huge amount of money from the public exchequer. The present office of the Union Parishad at Amanta Mouza is best ..Category: Property Law | Date: | Hits: 32
Md. Nurul Islam Sarker Vs. Deputy Commissioner, Gazipur and others, 2002, 31 CLC (AD)
....ed without lawful authority and is of no legal effect. The Respondents are to pay Tk. 10,000/- (Ten thousand) as cost of this appeal. Ed. This Case is also Reported in: II ADC (2005) 643. ......t of loan of Bangladesh Shilpa Bank as well as on payment of all other charges and that also on payment of Tk.15,000/- per month to him. Although the appellant exhibited film but did not pay off loan amount of the Bangladesh Shilpa Bank and also of the other credits. The appellant having had violate......g had misappropriated the income of the Cinema Hall and that having managed to auction purchase the Cinema Hall in a Certificate Case, he cancelled the agreement and that and forfeited, the earnest money. It was also the case of the respondent No.2 that appellant having had defaulted in the fulfil..Category: Civil Law | Date: | Hits: 128
Mozharul Islam Chowdhury, Advocate Vs. Dilip Kumar Roy and others, 2005, 34 CLC (AD)
....pugned judgment of the High Court Division are set aside. In the result, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 150. ......pugned judgment of the High Court Division are set aside. In the result, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 150. ......he decree, the appellant filed Title Execution Case No.20 of 1986 for getting the sale deed registered and possession of the suit property through Court, after depositing the balance consideration money in Court. The trial Court having considered the facts and circumstances and the legal process..Category: Property Law | Date: | Hits: 31
Sonali Bank Vs. Quaderia Publications and Products Limited and others, 2002, 31 CLC (AD)
....gality in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 148. ......iver upon deposit of 10% of the outstanding. 4. The respondent company filed necessary application for waiver and deposited more than 10% of the outstanding dues. It paid the interest amount before making the claim but the management credit committee of the Bank refused to allow the......gality in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 148. ..Category: Banking Law | Date: | Hits: 100
Humayun Hossain Khan Vs. Bangladesh, 2009, 38 CLC (AD)
....e. Thus we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 92. ......ongst others, that he has in the meantime paid Taka 3.50 lac and that as per section 47 of the Artha Rin Adalat Ain, 2003. The bank is barred from filing any suit for recovery of its principal loan amount plus more than 200 percent thereon as accrued interest but in the instant case the principal......e. Thus we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 92. ..Category: Civil Law | Date: | Hits: 104
Binapani Kandu Vs. Chairman, Vested and Non-Resident Property, 2009, 38 CLC (AD)
....n affirming the judgment of the Courts below. We find no merit in these petitions which are accordingly, dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 101. ......n affirming the judgment of the Courts below. We find no merit in these petitions which are accordingly, dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 101. ......he same and the price having been fixed at Taka 3,000 (Taka three thousand) a sum of Taka 1,500 (one thousand five hundred) only had been paid to Sukumar Bose by the said Raj Kumar Kundu as earnest money in the year 1952 and the possession of the suit property was handed over to the vendee by th..Category: Property Law | Date: | Hits: 23
Md. Ali Bepary and ors. Vs. Garupranjan Chakraborty and others, 2009, 38 CLC (AD)
....f action of the suit for the plaintiff arose on the service of notice of surrender upon him as issued by the defendant No.25 while defendant No.27 evidently failed to prove its case; that the whole proceeding of the UP Case No.691 of 1984-85 is, in fact, void ab initio, moreso, when both d......idence as well in support of plaintiff's claim. To enable a plaintiff to acquire title by adverse possession, his possession must be of actual, open, notorious and hostile character as to amount to ouster of exclusion of the real owner. The plaintiff has utterly failed to prove his tit...... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 97. ..Category: Property Law | Date: | Hits: 22
Md. Abdul Awal Vs. Md. Abdul Barek, 2007, 36 CLC (AD)
.... the Khas Mohal Baluchar High School from Sonali Bank of Baluchar Branch; that the accused withdrew the money but he did not hand over that money to the Managing Committee, rather misappropriated the whole amount of money; that the accused has not returned that money despite calls and reminders; t......has Mohal Baluchar High School from Sonali Bank of Baluchar Branch; that the accused withdrew the money but he did not hand over that money to the Managing Committee, rather misappropriated the whole amount of money; that the accused has not returned that money despite calls and reminders; thus th......aster Ali Badsha, to the accused to withdraw Taka 65,765 from the A/C No. 674 of the Khas Mohal Baluchar High School from Sonali Bank of Baluchar Branch; that the accused withdrew the money but he did not hand over that money to the Managing Committee, rather misappropriated the whol..Category: Criminal Law | Date: | Hits: 65
M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)
.... in mind that as finality attaches to the judgments delivered by this Court, which stands at the apex of the judicial hierarchy, a review, proceeding is neither in the nature of a re-hearing of the whole case, nor is it an appeal against the judgment under review. It is accordingly not permissib...... However, an order based on an erroneous assumption of material fact, or without adverting to a provision of law, or a departure from an undisputed construction of the law land the Constitution may amount to an error apparent on the face of the record. At the same time if the judgment under review......ifests the correct exposition of law and fact on the subject. This appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 593. ..Category: Intellectual Property Law | Date: | Hits: 233
BADC Vs. Abdur Razzaque, 1996, 25 CLC (AD)
.... In the result we allow the appeal and set aside the judgment and order of the High Court Division without any order as to cost. Ed This Case is also Reported in: II ADC (2005) 607. ...... In the result we allow the appeal and set aside the judgment and order of the High Court Division without any order as to cost. Ed This Case is also Reported in: II ADC (2005) 607. ......t was dismissed from his service under the service Rules of BADC, more specifically the BADC Disciplinary Case Procedures, 1977 for an offence of misappropriation of the corporation money following his conviction in special case No. 8 of 1979 prior to the promulgation of the Publi..Category: Employment/Service Law | Date: | Hits: 97
Ranjit Sarker and ors. Vs. Sree Sukhendu Bikash Biswas & ors., 1996, 25 CLC (AD)
....ppeal may be heard by any Division Bench of the High Court Division other than the one which heard the matter earlier. Ed. This Case is also reported in: II ADC (2005) 581; 17 BLD (AD) 58. ......ppeal may be heard by any Division Bench of the High Court Division other than the one which heard the matter earlier. Ed. This Case is also reported in: II ADC (2005) 581; 17 BLD (AD) 58. ......erty under sale (Ext. D) was executed by defendant No. 1 on stamp purchased by him on 19 October 1979 stipulating that he would recovery the property whenever he received back the consideration money. On 28 July 1980 defendant No.1 executed and registered two deeds of reconveyance in respect o..Category: Property Law | Date: | Hits: 66
Indrajit Kundu and others Vs. Bejoy Krishna Kunda, 1999, 28 CLC (AD)
....on-impleading necessary parties in the pre-emption proceeding. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 558. ......ed a Civil Revision before the High Court Division. The High Court Division set aside the order passed by the trial court on condition that the vendor-respondent No.1 shall pay to the appellant an amount of Tk.100/- in course of 3 weeks from the arrival of the records in the court below failing ......on-impleading necessary parties in the pre-emption proceeding. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 558. ..Category: Property Law | Date: | Hits: 34
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2004, 33 CLC (AD)
....and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. This case is also Reported in: II ADC (2005) 514. ......ch he was also asked by the Upazila Praukausali by its letter dated 18-02-2002 to immediately start the work but the appellant did not do so and thereby he was a defaulter of the outstanding amount of Tk. 20,000/-. Mr. Chowdhury therefore argued that in such view of the matter provis...... of Section 7(2) (f) of the Ordinance. He argued that in the instant case admittedly a fund of Tk. 50,000/- was provided by the Upazila Development and Co-ordination Committee from the money obtained by leasing out the bazar and it is mandatory to spend 15% of the money obtained by s..Category: Election Law | Date: | Hits: 282
Serajul Huq and others Vs. Bangladesh, 2007, 36 CLC (AD)
....thereof be delivered to the appellants. 12. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 88; 14 MLR (AD) (2009) 191. ......thereof be delivered to the appellants. 12. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 88; 14 MLR (AD) (2009) 191. ......on, Serajul Huq, Shamsul Huq and Aynul Huq, also obtained a certificate from the Court of District Delegate Judge, Dhaka in Succession Certificate Case No. 365 of 1985; Md. Hanif, who drew pension money from the exchequer of the Government upto 31.8.81, was the owner in possession of a house sit..Category: Property Law | Date: | Hits: 30
Abdul Malek Mollah Vs. Md. Abdul Salam Moral and another, 2009, 38 CLC (AD)
.... appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 124; 14 MLR (AD) (2009) 158; VI ADC (2009) 472. ......est money, entered into an agreement for sale of the suit property in favour of the plaintiff on 13.09.1993 and that on receipt of the advance money of Tk. 3,80,000/- out of the fixed consideration amount of Tk. 4,55,000/- the defendant No.1 after execution of the agreement for sale delivered the......ant No.1 purchased the suit land by registered kabala dated 18.02.1992 and after making a semi pucca house was living there and while thus owning and possessing the said land, being in need on cash money, disclosed his intention to sell the suit property and the plaintiff offered him Tk. 4,50,000..Category: Property Law | Date: | Hits: 34
State Vs. Jahedul Islam @ Moulavi Banu, 2009, 38 CLC (AD)
....eriod of time to avoid undue delay. Because undue delay in lodging the F.I.R. invariably suggests manipulation, embelishment and concoction of the prosecution case and accordingly it reacts on the whole prosecution case. Delay therefore puts a very heavy onus on the prosecution to prove the guil......ence that he committed a crime. 10. In Pakela Narayana Swami Vs. The King Emperor, AIR 1935 PC 47 Lord Atkin observed that “no statement containing self-exculpatory matter could amount to confession, if the exculpatory statement was of some fact, which if true, could negative...... Accordingly, the appeal is allowed with modification of sentence (section 304 Part-I (10 years). Ed. This Case is also Reported in: 29 BLD (AD) (2009) 47. ..Category: Criminal Law | Date: | Hits: 58
BRAC Vs. National Board of Revenue, 2009, 38 CLC (AD)
....d arrived at a correct decision. Hence we do not find any reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 63. ......ndment brought in this regard by the Finance Act, 2000 since 1.7.2000 and that such amendment taking away the discretionary power of the NBR to waive or modify the statutory obligation to pay certain amount of tax at the time of preferring an appeal by any assessee does not affect the substantive ri......d arrived at a correct decision. Hence we do not find any reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 63. ..Category: Fiscal/Taxation Law | Date: | Hits: 125
M/s. Shahjhan Enterprise Ltd. Vs. Meghna Petroleum Ltd. and others, 2001, 30 CLC (AD)
....n allowing the appeal and dismissing the suit. There is therefore no merit in this appeal and the same is accordingly dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455.......n allowing the appeal and dismissing the suit. There is therefore no merit in this appeal and the same is accordingly dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455.......n found that notice of six month is required. 13. It appears that construction of building underground tank, installation of filling machine had the like were undertaken by the lessee by their own money which has been admitted by P.W 2 Nawab Khawja Abdul Gani. It is also an admitted fact the Motw..Category: Tenancy Law | Date: | Hits: 149
Most. Hamida Vs. Md. Majibur Rahman , 2002, 31 CLC (AD)
....mpugned judgment and order of the High Court Division is set aside and the suit for ejectment is decreed. No order is made as to costs. Ed. This Case is also Reported in: II ADC (2005) 408.......d paid a sum of Tk. 5,000/- as security money vide Ext. Ka at the inception of creation of the tenancy on condition that at every month Tk. 25/- would be adjusted towards the monthly rent from that amount and that still some money out of said paid amount was lying with the plaintiff, therefore the...... tenant respondent by filing a written statement. His case inter alia is that the plaintiff had no cause of action in the suit because the tenant defendant had paid a sum of Tk. 5,000/- as security money vide Ext. Ka at the inception of creation of the tenancy on condition that at every month Tk. ..Category: Tenancy Law | Date: | Hits: 175
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