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Resource International Vs. MV Sargodha and others, 2001, 30 CLC (HCD)
....i J Resource International …………………………..Plaintiff Vs. MV Sargodha and others …………………Defendants Judgment February 20, 2001. Result: The counter-claim is not entertainable and is dismissed. Case Referred to- FFUI Co. Ltd Vs. American Presi......h with SK Siddique, Md. Al Amin Sarker Advocates—For the Defendants. Admiralty Suit No. 11 of 1995. Judgment Md. Awlad Ali J.- The plaintiff has brought the suit claiming Taka 25,22,897.91 for damages and late delivery of cargo. Initially, the plaintiff laid the claim for Taka 45,00,962.0......sted by this Court due to the default of the defendants and consequently, the counter-claim is not entertainable and the same is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 381. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 214
....past practice aroused expectation which it would be within its powers to fulfill. The protection is limited to that extent and a judicial review can be within those limits. But a person who bases his claim on the doctrine of legitimate expectation in the first instance, must satisfy that there is a ......awful authority and of no legal effect. Case of the petitioner is that the respondent No.1 decided to undertake a project to develop 47.90 acres of land in Bhasantek area under Dhaka in Cantonment PS for rehabilitation and housing of slum dwellers and low income group people. Petitioner had discussi......fit bids in newspapers on 9- 10-98 and 10-10-98 (vide Annexure-K). Further case of the petitioner is that respondents having given assurance to the petitioner and the petitioner spent time, skill and money for the project on such assurance it created a legitimate expectation of getting the work. But..
Category: Civil Law | Date: | Hits: 92
....ot been tendered within the provision of section 7 of the Artha Rin Adalat Ain. The Petition of Appeal is therefore rejected summarily.
Ed.
This case is also Reported in: 52 DLR (HCD) (2000) 4.
......s—For the Appellants- Petitioners.
Not represented- the Respondents.
FAT No. 83 of 1999.
Judgment
Mahmudul Amin Choudhury J.- This application has been filed by the appellants praying for acceptance of the Memorandum of Appeal furnishing Bank-guarantee before the trial Court.
2. H......for preferring the appeal. It is submitted that the Bank-guarantee furnished can be construed as 50% of the decretal amount as according to the learned Advocate this Bank-guarantee is as good as cash money and in support of his submission Moulavi Md Wahidullah placed reliance in the case of Uttara B..
Category: Banking Law | Date: | Hits: 108
Oram Limited Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka, 2000, 29 CLC (HCD)
....sued several letters under the same reference dated 30-6-2000, 25-6-2000, 23-8-2000, 29-8-2000, and finally under Ref Nathi No. 4-A(I) 22/Mosquito/VAT/93/4756 dated 11-9-2000 all in the same language claiming payment of VAT due to fixation of price from August 95 to May 1997 as per letter dated 14-7...... business of Manufacturing Mosquito Coil under the contracts of manufacture signed between the petitioner and the brand owners of the products namely Reckitt and Colman Bangladesh Limited, as well as for itself. The petitioner is also registered as manufacturer under the relevant provision of the Va......28,688.00 for the period from August, 1995 to May, 1997 are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 53 DLR (2001) 373. ..Category: Fiscal/Taxation Law | Date: | Hits: 91
Meghna Petroleum Marketing Co. Ltd. and others Vs. MF Limited and others, 2001, 30 CLC (HCD)
....or any supply made by Meghna Petroleum Company but on all sales made by them within Pourashava. I do not demand octroi for supply of oil to Mubarakganj Sugar Mills, Darsona Sugar Mills and he did not claim octroi charge for supply of oil to Naval base”. 15. Learned Advocate further submits that...... Third Court of Subordinate Judge, Dhaka against the defendant appellants the Meghna Petroleum Marketing Company Limited having its Head office at Ispahani Building, 14-15 Motijheel, Dhaka and others for a decree of accounting how much petroleum were imported by them within Khulna Pourashava during ......earned Third Court of Sub Judge. Dhaka decreed the suit. Hence, this appeal. 9. The material question that was for considering before the Subordinate Judge, whether the plaintiffs were entitled to money decree for realisation of the amount of octroi dues payable by the defendants No.1-2 and 3 to ..Category: Fiscal/Taxation Law | Date: | Hits: 91
Md. Mansur Rahman Vs. Abdul Mannan Sardar and others, 2009, 38 CLC (AD)
....ly. In the facts and circumstances of the case, we do not find any merit in the application. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 623.......rs Involved: Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioner. Mrs. Sufia Khatun, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-3. Civil Petition for Leave to Appeal No.240 of 2009. (From the judgment and order dated 26.11.2008 passed by the H......rt fixed 18.08.2005 for auction and on that date the auction purchaser-respondent No.1 hereof participated in the bid and his bid, being highest, was accepted. Accordingly he deposited 25% of the bid money on that date and subsequently deposited the balance of the bid money. Thereafter the auction s..Category: Civil Law | Date: | Hits: 79
Abdur Rashid alias Abdur Rasheed Vs. Judge, Artha Rin Adalat No.1, Chittagong, 2009, 38 CLC (AD)
..... We find that the High Court Division committed no illegality in discharging the Rule. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 611.......Islam, Advocate-on-Record-For the Petitioner. Mamunur Rashid, Advocate instructed by Syed M. Rahman, Advocate-on-Record-For Respondent No. 2. Not represented-Respondent No. 1. Civil Petition for Leave to Appeal No. 831 of 2009. (From the judgment and order dated 28.01.2009 passed by the ......y Suit No.48 of 1990 (subsequently re-numbered) against the defendant No.1 M/s. Hasan Cement Store, Nazirhat Bazar, Police Station-Fatikchari, District-Chittagong and others for realization of loan money of Tk.15,83,000/- (Taka fifteen lac eighty three thousand). 4. The suit was decreed on co..Category: Civil Law | Date: | Hits: 77
Amal Chandra Dhupi @ Das and others Vs. Lakshan Chandra Das and others, 2010, 39 CLC (AD)
.... the suit lands. The trial Court on a proper appreciation of the evidence on record held that the plaintiffs failed to prove that their predecessor Prasanna ever served the Landlords to justify their claim, that the defendants proved that their predecessor Mohesh Chandra held the tenancy serving as ...... instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Mrs. Mahmuda Begum, Advocate-on-Record- For respondent No. 1. Not represented-respondent Nos. 2-8. Civil Petition for Leave to Appeal No. 692 of 2009. (From the Judgment and Order dated 10th August, 2008 passed ......s." The security of Tk. 1000/- is to be deposited within one month. The preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 605...Category: Property Law | Date: | Hits: 27
Md. Helal Uddin and others Vs. M. A. Jakir and another, 2010, 39 CLC (AD)
....r in Miscellaneous Case No.9 of 1998. 2. The respondents instituted Miscellaneous Case No.9 of 1998 in the 1st Court of the learned Senior Assistant Judge, Gazipur for pre-emption of the case land claiming as co-sharers. The case of the pre-emptors, in short, is that the land in question appert......d-For the Petitioners. A. K. Badrul Huq, Senior Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For Respondent Nos.1-2. Not represented- Respondent Nos. 3-9. Civil Petition for Leave to Appeal No. 1620 of 2009. (From the judgment and order dated 4.6.2009 passed by the H...... disputed holding because of separation of Jama. The case has been filed on the basis of some false allegations. After purchase they developed the case land by filling earth spending huge amount of money etc. 4. The learned Senior Assistant Judge, Gazipur allowed the pre-emption by the judgment..Category: Property Law | Date: | Hits: 22
Md. Ahia Vs. Md. Azimuddin and others, 2010, 39 CLC (AD)
....t of Tk. 5,000/-. Subsequently he deposited the original deed on behalf of the plaintiff as surety of the loan amount. Thereafter he returned back the aforesaid Tk. 30,000/- to the plaintiff. He also claimed for dismissal of the suit etc. 6. The defendant No.1 neither contested the suit through h......olved: Asad Hossain Chowdhury, Advocate instructed by Nurul Islam Bhuiya, Advocate-on-Record-For the Petitioner. A. K. M. Shahidul Huq, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 325 of 2009. (From the judgment and order dated 15.04.2008 passed by the ......reement was signed on 29.12.1994. The father of the defendant Nos.1 and 2 Md. Shajahan signed the agreement on behalf of the minors for the benefit of the minor and received Tk. 30,000/- as advance money on the date of signing the agreement on 29.12.1984. There was a condition that the plaintiff m..Category: Property Law | Date: | Hits: 25
Alekjan Bewa and others Vs. Arefa Bewa and others, 2009, 38 CLC (AD)
....7 of 1995 by which judgment the learned Additional District Judge affirmed with modification of those of the Courts below. 2. The predecessor of the petitioners instituted the suit for partition claiming a saham of 1.50 acres of land. The plaint case in short is that Habi Mondal and Halim Monda......…….........Respondents Judgment December 14, 2009. Lawyers Involved: Md. Mazibar Rahman, Advocate-on-record-For the Petitioner. Not represented- the respondent. Civil Petition for Leave to Appeal No. 1344 of 2009. (From the Judgment and order dated 23rd March, 2009 of a Si......the above, we find no merit in the contention of the learned counsel for the petitioners. The petition is therefore, summarily dismissed. Ed. This Case is also Reported in: VII ADC (2010) 593...Category: Property Law | Date: | Hits: 23
Surujit Bose (Raju) Vs. Bangladesh and others, 2010, 39 CLC (AD)
....respondent No.7 and his brothers in collusion with the dishonest employees of settlement department got S.A. record in their name but in respect of C.S. Plot No.65 they have no deed by which they can claim the title of the said plot and in the absence of title deed in respect of C.S. Plot No.65 RAJU......te-on-Record-For the Petitioners. Md. Nurul Amin, Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No.1. Not represented- Respondent Nos. 2-10. Civil Petition for Leave to Appeal No. 2087 of 2007. (From the judgment and order dated the 2nd day of August, 2......he above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 552. ..Category: Property Law | Date: | Hits: 23
Md. Abdur Rouf Vs. Judge of Artha Rin Adalat No.1, Dhaka, 2010, 39 CLC (AD)
.... Code of Civil Procedure has no manner of application in this case. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 548.......Involved: Nurul Islam Bhuiya, Advocate-on-Record-For the Petitioner. Chowdhury Md. Zahangir, Advocate-on-Record-For Respondent Nos.3-12. Not represented-Respondent Nos.1-2. Civil Petition for Leave to Appeal No.299 of 2009. (From the judgment and order dated 06.01.2009 passed by the H......he petitioner could not repay the loan due to malpractices of other partners and the business of the petitioner collapsed. The respondent No.2 Bank instituted the aforesaid title suit for recovery of money. The defendant petitioner contested the suit by filing written statements. Thereafter the suit..Category: Civil Law | Date: | Hits: 73
Azizur Rahman Khan and others Vs. Md. Aynul Miah and others, 2010, 39 CLC (AD)
....that the suit property is an abandoned property and it was published in Bangladesh Gazette in 'Ka' list of the abandoned properties in 1986, that besides, the power of attorney by which the plaintiff claims the suit-property does not even include the suit property, as such, the plaintiff cannot clai......e, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioners A.K.M. Shahidul Huq, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-3. Civil Petition for Leave to Appeal No.1521 of 2009. (From the Judgment and order dated 28.05.2009 passed by the ......r of stay granted earlier by this Court shall continue till disposal of the appeal. Let the appeal be made ready for expeditious hearing. Ed. This Case is also Reported in: VII ADC (2010) 545...Category: Property Law | Date: | Hits: 21
Md. Rustom Ullah and others Vs. Md. Zomiruddin and others, 2009, 38 CLC (AD)
.... decision and 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: VII ADC (2010) 541.......wdhury Md. Jahangir, Advocate-on-Record-For the Petitioners. S. M. Md. Nurul Huda Jaigirder, Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.101 of 2008. (From the judgment and order dated 30.10.2007 passed by the H......to the defendant Nos.1, the upazilla parishad Nabiganj and also the defendant No.4, the Deputy Commissioner Habiganj but the defendant No.2, the Chairman of the Upazilla parishad spent the sanctioned money for the union parishad and when the Chairman of union parishad complained about it before the ..Category: Civil Law | Date: | Hits: 72
Md. Abid Khan and others Vs. Government of Bangladesh and others, 2003, 32 CLC (HCD)
.....e. the Election Commissioner and the related election functionaries and also the Government as to why they should not be directed to register the petitioners as voters. 3. All the ten petitioners claim that they are Urdu speaking citizen of Bangladesh, permanent residents of the Mohammadpur area......rs under the laws of Bangladeshi. But in the electoral rolls prepared and published on 27.5.2001 by Election Commission, there were not included. So they submitted separate applications in prescribed forms for enrollment as voters. They also personally approached respondents Nos.2 and 4 who verbally......squalified under provisions of section 7(1)(b)(c) and (d) of the Electoral Rolls Ordinance, 1982. Md. Hamidul Haque J.- I agree. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 318. ..Category: Election Law | Date: | Hits: 94
.... with false and frivolous allegations and, as such, the suit is liable to be dismissed.
5. On 17-7-88 the plaintiff filed an application praying for amendment of the plaint for incorporating a new claim of damage, which was allegedly left out at the time of drafting the plaint.
6. The defendan...... of 1991.
Judgment
Gour Gopal Saha J. - In this Rule the order dated 20-9-88 passed by the Subordinate Judge and Commercial Court, Chittagong in Money Suit No. 22 of 1987 allowing the prayer for amendment of the plaint has been called in question.
2. Short facts relevant for the purpose ...... Suit No. 22 of 1987 within three months from the date of receipt of this order.
Communicate the order to the learned Court below at once.
Ed.
This Case is also Reported in: 53 DLR (2001) 280...
Category: Civil Law | Date: | Hits: 91
Khandakar (Md.) Shahjahan Vs. Md. Atiar Rahman Monshi & others, 2000, 29 CLC (HCD)
....nd that proper authority concerned excluded 555 voters from voter list and the matter was published in local and national newspapers. Tribunal also took the view that opposite party could not lay any claim that all the 555 voters were his supporters. Tribunal further took the view that no other succ......has been occasioned. No authority could be placed from the side of petitioner in support of the contention raised. 5. Contentions pressed into service from the side of petitioner has been repelled for and on behalf of opposite party in bringing his strenuous arguments which are hereunder: (i) ......act circumstances of the case I direct the parties to bear their respective costs. Lower Court’s record be sent immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 275...Category: Election Law | Date: | Hits: 89
Abdul Samad Gazi Vs. Abdul Khalil Gazi and others, 2000, 29 CLC (HCD)
....kka, subsequently two years later he found the said stamp paper missing, in the meantime he sold his 0.57 acres of land by five kabalas in favour of the defendant Nos. 3 and 4. In support of his such claims he examined his cousin DW 2, the purchaser of the suit land DW4, 5 and his creditor Khalilur ......d decree dated 23-12-1985 (Decree drawn on 01-01-1986) passed by the Munsif, Upazila, Faridganj, in Title Suit No. 570 of 1984, should not be set aside. 2. The petitioner in this Case filed a suit for specific performance of contract of 25-05-1976 against the opposite party No.1 (defendant No.1) ...... necessary deed of sale in favour of the plaintiff as soon as possible that the plaintiff accordingly went into possession of the suit land and from time to time offered the rest of the consideration money and demanded execution and registration of the deed of sale but without any response from the ..Category: Civil Law | Date: | Hits: 94
Star Medical Store Vs. Subordinate Judge, Artha Rin Adalat and other, 2001, 30 CLC (HCD)
....ears by this time. For the reasons and discussions made above, this writ petition does not merit and accordingly it is rejected summarily. Ed. This Case is also Reported in: 53 DLR (2001) 254.......er took some loan from the respondent No.2 the Uttara Bank and since the loan could not he paid within the schedule time the said case was filed at first as an ordinary money suit being No.82 of 1982 for realisation of the said loan money. During the pendency of that suit Artha Rin Adalat Ain (Act 5......petition are that, the petitioner took some loan from the respondent No.2 the Uttara Bank and since the loan could not he paid within the schedule time the said case was filed at first as an ordinary money suit being No.82 of 1982 for realisation of the said loan money. During the pendency of that s..Category: Civil Law | Date: | Hits: 93
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