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Export Promotion Bureau and another Vs. Md. Nazmul Hossain and others, 2004, 33 CLC (AD)
....f the powers conferred by section 20 of the Ordinance was published in the Bangladesh Gazette on 24.9.1991 as such the proceedings under Government Rules and Ordinance was authorized. ......him to submit a detail break up of cost of air ticket and cost of transportation of personal effects. 7. The writ petitioner sent a reply on 6.10.1989 explaining that all he received was an amount of USD 3000/- sent in July for air tickets which was not enough for the expenditure inv...... his genuine outstanding dues assured be respondent No. 3. 10. Thereafter, Director, Milan with letter dated 19.6.1990 sent only 5 air tickets without arranging payment of arrear salary and money for dispatching personal effects. The writ petitioner, therefore, sent a letter dated 21..Category: Employment/Service Law | Date: | Hits: 105
Chairman, B.R.T.C. Vs. Nooruddin & Ors., 1998, 27 CLC (AD)
....ree appeals are allowed without any order as to cost. The impugned judgments and orders of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 388. ......sed those Rules Nisi by filing affidavit-in-opposition stating, inter alia, that major payment of the entitlements/dues of the writ petitioners were made in Sue course and only the minor amount payable to them on their leave account was not paid and for which the corporation has writte......ree appeals are allowed without any order as to cost. The impugned judgments and orders of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 388. ..Category: Employment/Service Law | Date: | Hits: 66
Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)
....2 on 30 September 1972 seeking abatement of the suit. Both the applications came up for hearing on 21 April 1973 when the learned Subordinate Judge recorded an order of abatement of the whole suit. 11. Against the said order the plaintiff preferred Civil Revision No. 896 o...... and prayer No. (ii) had abated but also the suit itself had abated as a whole, being hit by Article 2 of President's Order No. 90 of 1972. The averments in the plaint and the prayers made therein amount to a challenge of the acquisition of the wakf estates concerned, apart from a challenge of E......y order as to costs. The judgment and order of the High Court Division be set aside and the order of the trial court be restored. Ed. This Case is also Reported in: II ADC (2005) 283. ..Category: Property Law | Date: | Hits: 43
ACKO Industries and Cold Storage Ltd. and another Vs. Pubali Bank Ltd. & others, 1997, 26 CLC (AD)
.... order of the High Court Division and direct the High Court Division to register the appellants appeal preferred before him. Ed. This Case is also Reported in: II ADC (2005) 380. ......e on from the Judgment and order dated 18.7.96 passed by a Division Bench of the High Court Division rejecting the Memo of Appeal, F. A. T. No. 177 of 1996, on the ground that the half of decretal amount which were required to be deposited under the provision of Artha Rin Adalat Act, 1992 was no......sited under the provision of Artha Rin Adalat Act, 1992 was not paid in time before filing the Memo of appeal. 2. The relevant facts are: - The plaintiff respondent No. 1- Pubali Bank got a money decree on 29.1.96 from Artha Rin Adalat, Dhaka in Money Suit No. 214 of 1990 against the app..Category: Civil Law | Date: | Hits: 87
Mossammat Khursheda Jahan Vs. Jahan Syada Shafinaz and others, 2002, 31 CLC (AD)
....xecuted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is Also Reported in: II ADC (2005) 365. ...... or themselves within four months of the service of notice and in case no notice has been issued then within four months from the date of knowledge of such transfer by making a deposit in court the amount of consideration of money. The section is very clear that only a co-sharer tenant and none e...... maintainable and the pre-emptor respondents are not entitled to file any pre-emption case as they themselves transferred the disputed land by disputed kabala. She is in possession, has spent huge money for repair of the structures and for earthwork of the case land. 6. Both the trial co..Category: Property Law | Date: | Hits: 35
Dr. Md. Rashidul Islam Vs. Morsheda Parveen, 2005, 34 CLC (AD)
....d to go to their father forthwith is maintained. The appeal is accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 357. ......years, the father is entitled to get custody of that son to put him in a good school for his better education and welfare and in the impugned judgment the welfare of the minors which is of paramount importance has not been discussed and considered. 7. We have heard Mr. Md. Nawa......two minor sons and has been living there. The plaintiff appellant is a registered Doctor and has been serving in the Government Mohammad Ali Hospital at bogra. After the divorce he has been sending money and clothes for his two minor sons but the defendant refused to accept those. The further con..Category: Family Law | Date: | Hits: 161
Md. Akkas Ali Biswas and others Vs. Ashit Kumar Mojumder and others, 2005, 34 CLC (AD)
....ivision is set aside. The plaint of Title Suit No. 152 of 1997 of the Court of the Senior Assistant Judge, Rajbari stands rejected. Ed. This Case is also Reported in: II ADC (2005) 253. ......ivision is set aside. The plaint of Title Suit No. 152 of 1997 of the Court of the Senior Assistant Judge, Rajbari stands rejected. Ed. This Case is also Reported in: II ADC (2005) 253. ......in affirming the aforesaid erroneous order. 7. Referring to Section 6 of the Act the learned Advocate submits that from the recitals of the deed in question it appears that being in need of money for marriage of the sister of the plaintiff respondent Nos. 1 to 3, the transaction was made..Category: Procedural Law | Date: | Hits: 75
Ketaki Ranjan Deb Vs. State, 1983, 12 CLC (AD)
....ied in accordance with the provision of President's Order No.50 of 1972. In the result the appeal is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 210. ......ied in accordance with the provision of President's Order No.50 of 1972. In the result the appeal is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 210. ......lishment, Bangladesh Bank Branch, Dhaka, stating, inter alia, that from secret source it was learnt that petitioner No.1 was "running currency racketeering business by receiving money illegally transferred from U.K. to Bangladesh through an unauthorised channel and distri..Category: Criminal Law | Date: | Hits: 51
Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 1984, 13 CLC (AD)
....dingly it is set aside and the decree of the First Appellate Court is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 205, 1985 BLD (AD) 172.......dingly it is set aside and the decree of the First Appellate Court is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 205, 1985 BLD (AD) 172.......d there has been a number of litigations after the contract with the plaintiff so as to meet the said expenses and also to meet their family expenses, the defendants received the entire consideration money from the plaintiff. 5. The defendants (Respondent Nos.1-3) as plaintiffs filed T.S No.506 o..Category: Property Law | Date: | Hits: 40
Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
....ich went against them or in respect of possession of the plaintiffs on and after the surrender. 10. Mr. Kh. Mahbubuddin Ahmed, learned Advocate for the appellants, has concentrated his whole arguments on the question as to annulment of the interest of the appellants in consequence of......d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ......he transaction under Ext.7 that is, purchase of the occupancy-raiyati from Mohar Ali by Golam Rahman was not a benami transaction but the raiyati was purchased by Golam Rahman himself with his own money and for his own benefits and consequently, he held the land as a raiyat under the Explanation..Category: Property Law | Date: | Hits: 55
Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)
.... 17, subsection (2) and section 18 insofar as such document affects immovable property shall be presented for registration in the office of a Sub-Registrar within whose sub-district the whole or some portion of the property to which such document relates is situate''. ......rt of the property actually charged and intended to be charged in fact exists is a fraud on the registration law, and no registration obtained by means thereof is valid. To hold otherwise would amount to saying that mortgages relating solely to land in other parts of the Presidency coul......rder of the High Court Division is set aside and those of the appellate court below restored. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 177. ..Category: Property Law | Date: | Hits: 36
Md. Ebadullah Bepari Vs. Nikhil Chandra Das, 1985, 14 CLC (AD)
....rt rejecting the application under Order IX, rule 13 C.P.C. The appeal is therefore dismissed. We however make no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 174. ......sit of the decretal dues or furnishing of a bond, along with the filing of the application, was not, complied with. After the expiry of 8 months of this objection the defendant deposited the decretal amount. But the Court rejected the deposit holding that the deposit could have been made at the time......urt's direction is filed along with the application for setting aside the ex parte decree and court passes necessary orders on the application directing the applicant either to deposit the decretal money or furnish security bond, and the applicant complied with the direction within the time given ..Category: Tenancy Law | Date: | Hits: 159
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
.... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ......on certificated bills. In case of refusal of plaintiff No.1 to subscribe his signature on the cheques in respect of such disbursements/ withdrawals, defendant No.1 will have the power to withdraw the amounts under certificated bills under his signature." The Court further ordered as follows: ...... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ..Category: Constitutional Law | Date: | Hits: 149
Amir Hossain Howlader & ors. Vs. State, 1984, 13 CLC (AD)
....ot guilty of the murder and are acquitted with a direction that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 139. ......provides that the court may take the confession into consideration and thereby, no doubt, makes it evidence on which the court may act; but the section does not say that the confession is to amount to proof. Clearly there must be other evidence. The confession is only one element in the c......ot guilty of the murder and are acquitted with a direction that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 139. ..Category: Criminal Law | Date: | Hits: 63
Planters (Bangladesh) Ltd. Vs. Mahaluxmi Bank Ltd. (in liquidation) and others, 1984, 13 CLC (AD)
.... Bank Limited, Calcutta, a cheque for Tk. 400,000/- was drawn by it upon the Model Bank Limited, Calcutta in favour of the Mahaluxmi Bank, Calcutta. According to the defendant-company the whole transaction was only but a paper transaction and the Bank manipulated its books and accounts ......ctor of the Plaintiff Bank and the statement by him before Court of Law about liability of the company towards the Plaintiff Bank and admission of such liability burdens the defendant to the agreed amount of money. In the manner aforesaid if defendant no. 2 committed fraud on the defendant Compa......e Plaintiff Bank and the statement by him before Court of Law about liability of the company towards the Plaintiff Bank and admission of such liability burdens the defendant to the agreed amount of money. In the manner aforesaid if defendant no. 2 committed fraud on the defendant Company, action..Category: Business or Commercial Law | Date: | Hits: 139
Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)
.... In putting his construction upon the-terms "the agents, dealers and distributors of Burma Eastern, and Jamuna Petroleum, Pump Marketing Ltd.", he submitted that reading the document as a whole it would, be an absurdity to say that they meant that, the tenderer must be all of them at a......quo; Trial of the suit is to be concluded on or before 20th December, 1984. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 117. ......e of work: Supply of fuel including carriage upto Taraboo-Daudkandi Meghna Ghat under Dhitikandi Road Sub-Division during 1984-85. 3. Estimated cost: Tk. 95, 22,490/- 4. Earnest money: Tk. 1, 90, 450/-In favour of E.E. (RHD) Dhaka. Constn, Road Division III in bank draft from..Category: Others | Date: | Hits: 84
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
.... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371....... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371.......is attorney Abdur Rahman entered into a contract to sell the said plot of land to the respondent No. 1 (writ petitioner) for a consideration of Tk.1,00,000/- and on receipt of TK. 40,000/- as earnest money executed a deed of agreement on December 29, 1970 and that on that very day delivered possessi..Category: Property Law | Date: | Hits: 40
Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)
....e Constitution and they are performing their functions in connection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ......e said Rule would interfere with the functions, powers, privilege and remuneration of the Parliament as well as of the members, that prayer made in the writ petition if allowed that would tantamount to destroy the principle of separation of the powers of Executive, Legislature and Judiciary......e Constitution and they are performing their functions in connection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ..Category: Constitutional Law | Date: | Hits: 147
State Vs. Abul Kashem, 1985, 14 CLC (AD)
....operty, or both, of the defaulter: Provided that if the sentence directs that in default of payment of fine the offender shall be imprisoned, and if such offender has undergone the whole of such imprisonment in default, no Court shall issue such warrant unless for special reaso...... sentence of imprisonment in the rule under which the sentence is awarded, in default of payment of fine, the Court can award sentence of Imprisonment for the period as prescribed by law, for such amount of default in payment under section 31(1) and 33(1) of the Code of Criminal Procedure&hellip...... In the result, the appeal is allowed, the High Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 37 DLR (AD) 91. ..Category: Criminal Law | Date: | Hits: 39
Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)
....arise if no express words have been used giving retrospective operation to the provisions of an Act, whether such operation has been intended or not is to be gathered from reading the Act as a whole. It will be an arguable proposition when the intention of the legislature has not been expre......sed the properties described in schedule 1 to the plaint for Tk. 4,500/- on September 20, 1959, and in pursuance of the auction sale took delivery of possession on February 2, 1960. As the decretal amount was not fully satisfied by the first sale, property described in Schedule 2 of the pla......e Suit No.73 of 1961 in the Court of Subordinate Judge, Sylhet for declaration of title and recovery of possession. Facts as stated in the plaint are that his father Haji Kalimullah used to advance money to Jogesh Chandra Das who was his retained lawyer. Before leaving for Calcutta for treatment..Category: Others | Date: | Hits: 86
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