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Syed Ali Mir and another Vs. Syed Omar Ali and another, 1990, 19 CLC (AD)
....ant had no occasion to disbelieve the appellants in supplying jute to them at times on credit and this is nothing uncommon in business transactions. If upon settlement of accounts at the end of a stipulated period, it is found that some money is due to one party from the other and the said other......re was no money in the account, the appellant paid Tk. 15,000/- in cash upon taking back two of the cheques. These statements clearly show that the parties were in usual business transaction over a period of time which at times was carried on the basis of trust. The claim of money made by the comp..Category: Criminal Law | Date: | Hits: 59
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....gment and decree as they are. In view of the discussion above, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ...... had died before 21.9.77 (when the decree was passed) it could not be said in any case that the decree was passed against a dead man because there is no presumption as to the date of death within the period of seven years under section 108 of the Evidence Act which is a matter of evidence. The lea..Category: Property Law | Date: | Hits: 95
State Vs. Mofizuddin and other, 2005, 34 CLC (AD)
....nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ......h Court Division further opined that it is unsafe to rely on such confessional statement to convict accused Mafizuddin since same has been recorded after detaining him in police custody beyond the period permitted by law. The High Court Division has rightly held that the confessional statement o..Category: Criminal Law | Date: | Hits: 40
National Board of Revenue & Ors. Vs. Al-Haj Mohammad Sufian , 2005, 34 CLC (AD)
....spective case. 7. In view of the above, we do not find any substance in the submission of the learned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. ......Division arrived at a finding of fact that: "It is not disputed that the assessee-petitioner submits his return on the basis of self assessment scheme showing his income for the period of 1992-93, 1993-94,1994-95, 1995-96, 1996-97 and 1997-98. It is further submitted that the..Category: Fiscal/Taxation Law | Date: | Hits: 72
Md. Yousuf & others Vs. Administrator of Waqf and others, 2005, 34 CLC (AD)
....fice it to say the provision of section 64(1) of the Waqf Ordinance is applicable in respect of the persons as mentioned in the said section in the background of the facts and situations as have been stipulated therein and not in respect of the monthly ejectable tenant of the waqf estate. As such th......ckground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 50. ..Category: Trust/Waqf Law | Date: | Hits: 228
Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)
....t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ......ing violation of the provision of section 80(2) of the Code of Civil Procedure the defendant appellant has been seriously prejudiced being deprived of the chance-of contesting the suit, legitimate period allowed under the law being not given to the defendant and as a result of which the defendan..Category: Property Law | Date: | Hits: 40
New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)
....6/4226/4576 dated 3.6.80. Out of the said amount the BSB disbursed a total of Tk. 17,00,000/- to the petitioner on different dates in three phases including part of 1st instalment on 17.10.80. It was stipulated in the sanction letter that the entire amount of the loan would be repaid in 21 half-year......imed by the Bank is not disputed by the petitioner, we do not find any merit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ..Category: Banking Law | Date: | Hits: 117
Kamruzzaman Vs. State, 1990, 19 CLC (AD)
....nclusion of the appellant's trial long expired, further proceeding in respect of his trial stands stopped and he stands released. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 219. ......itself provides that provisions of the Code shall apply to a proceeding under it (Act) so far as only they are not inconsistent with its provisions. For the conclusion of trial within any specified period there is no provision in the Act, but there is such a provision in the Code; as such there is..Category: Criminal Law | Date: | Hits: 58
Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)
....ce is not that the award becomes invalid. If from the conduct of the parties concerned it can be inferred that they agreed to the proceedings being continued beyond the period stipulated, then the objection losses all the significance." 10. In view of the ......hat the Arbitrator/Arbitrators shall make the award within 6 months after entering on the reference or within the time extended by the Court and admittedly the award has been passed beyond the period of time without any extension from the Court, the arbitrators ceased to have jurisdicti..Category: Property Law | Date: | Hits: 41
Rupali Bank Ltd. Vs. M. A. Jalil, 2005, 34 CLC (AD)
....f the above, we do not find any cogent reason to interfere with the impugned judgment and decree of the High Court Division. The petition is, accordingly, dismissed. Ed. ......ervice have been deemed to be contractual conditions of service. 6. The High Court Division found on materials on record that the allegation to the effect that the plaintiffs period of employment was not satisfactory so as refuse to time-scale benefit is ex facie incredibl..Category: Employment/Service Law | Date: | Hits: 136
A.K.M. Farooq Vs. Bangladesh Biman Corporation & another, 2006, 35 CLC (AD)
....lute on the ground that Bangladesh Biman Corporation was not made a party in the complaint case and accordingly committed error of law. He next submits that the complaint petition was filed within stipulated time as given under Section 25 of Employment of Labour (Standing Orders) Act 1965 a...... book is dispensed with as prayed for. The petitioner is permitted to add additional ground. The petitioner is directed to make the appeal for expeditious hearing. Ed. ..Category: Employment/Service Law | Date: | Hits: 91
Government of Bangladesh Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....xed by the trial court. The trial court thereafter would dispose of the suit in accordance with law. The appeal is accordingly allowed without any order as to costs. Ed. ......2000 on the ground that according to the direction of the High Court Division, the defendant-petitioners did not deposit the commissioner's fee within 60 days and as the deposit was made beyond the period of 60 days the deposit made was no deposit in the eye of law and as such the order dated 16..Category: Property Law | Date: | Hits: 31
State Vs. Abdul Toab alias Abdul Towab and other, 2005, 34 CLC (AD)
....urt in holding the accused respondent as guilty and in doing so there has been miscarriage of justice. " Preparation of paper book is dispensed with as prayed for. Ed. ......stal operator serving at the head office, Dinajpur in collusion with each other collected Tk. 1,29,422.25 as fee for renewal of M.V. license from the owners during the period from 19 February, 1984 to 19 May, 1984 but they showed an amount of only Tk.85,975/- as sta..Category: Criminal Law | Date: | Hits: 35
Government of Bangladesh Vs. Jahangir Alam and ors., 2005, 34 CLC (AD)
....ision in Writ petition Nos. 8254 of 2002 and 4344 of 2003 be stayed till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......a approved by the Government and the writ petitioners were appointed as supporting hands for implementation of the first phase of the strengthening plant Protection Services (SPPS) Project for the period from July 1991 to 30th June 2002 and were appointed absolutely on temporary and contract bas..Category: Others | Date: | Hits: 87
Bhulu Miah and others Vs. Begum Shakhina Khatun and others, 2005, 34 CLC (AD)
.... be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further period of 6 (six) months from date. Ed. ......rdingly, granted. Security of Tk.1000/- is to be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further period of 6 (six) months from date. Ed. ..Category: Property Law | Date: | Hits: 32
Sudhir Kumar Das and other Vs. Abdul Malek Mia and others, 2007, 36 CLC (AD)
.... 13. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......ite party No. 4 in the Miscellaneous Case, held that summons was duly served on the respondent No.1 i.e. the petitioner in the Miscellaneous Case. Since the Miscellaneous case was filed beyond the period of limitation and that as the petitioner in the Miscellaneous Case failed to establish his i..Category: Civil Law | Date: | Hits: 112
Kazi Md. Abdul Kuddus and another Vs. Kaimon Bewa and Others, 2006, 35 CLC (AD)
....rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ...... within 7th January, 1992 instead of terminating the tenancy on the expiry of the month and that in not directing the defendants to vacate the premises in suit on or before the expiry of the notice period i.e. by the end of the month. 7. The second contention that period ..Category: Property Law | Date: | Hits: 46
Serajul Hoque (Md) Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....ision upon proper assessment of the materials on' record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the petitions are dismissed. Ed. ...... of Hydrography under BIWTA by appointment letter dated 16-3-1978. The petitioner joined on 24-3-1978 while respondent No.4 joined on 21-3-1978. The respondent No. 4 on successful completion of his period of probation was absorbed permanently in service on 21-3-1979. On the other hand, the petit..Category: Employment/Service Law | Date: | Hits: 59
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
....ission is obtained from the Ministry the bills would be paid but ultimately, no such payment was made by the port authority; because of such non-payment the respondent No.1 could not, within the time stipulated, pay the installments against the loans disbursed to him by the above banks and as a resu......rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ..Category: Civil Law | Date: | Hits: 109
Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)
....vision cannot be legally sustained. In the result, therefore, the appeal is allowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ......ld not have it supposed that in commercial transactions "mere acts of indulgence are apt to create rights". A mere gratuitous indulgence shown by not enforcing strictly one's legal rights for a brief period cannot, in our view, give rise to the inference that the rights have been abandoned for all t..Category: Property Law | Date: | Hits: 47
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