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Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)
.... and the balance amount to be paid within 6 months from the date. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 133 ......llegation and contended that the suit is not maintainable in the present form; that the suit is barred under section 42 of the Specific Relief Act and the plaintiffs have no subsisting interest in the disputed property and that the plaintiffs were properly represented in the executi..Category: Property Law | Date: | Hits: 130
Abul Kalam Azad and another Vs. Sunhar Ali and others, 1994, 23 CLC (AD)
....r relating to recalling of PW I is necessarily set aside. Accordingly, both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ......b-letting in violation of the agreement of tenancy. The defendants were monthly tenants by sufferance at a rental of Taka 200.00 per month under the original lessor Abdus Sobhan, the predecessor-in-interest of the plaintiffs. Abdus Sobhan died during the subsistence of the monthly tenancy with Haz..Category: Tenancy Law | Date: | Hits: 81
Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)
....t and decree of the trial Court are restored and those of the appellate Court and the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 127. ......tiff did not get full opportunity to defend himself and, that though there was no provision in the Regulations for second show cause notice before dismissal the plaintiff ought to have been given, in interest of justice, a second show cause notice. The High Court Division upheld the judgment of the ..Category: Employment/Service Law | Date: | Hits: 101
Abdul Aziz Vs. Abdul Majid, 1994, 23 CLC (AD)
....he basic reason why a notice under section 106 of the Transfer of Property Act is mandatory in a case of eviction under the Ordinance. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 121. ......e) of proviso of sub‑section (1) of section 18 of the Ordinance to evict the defendant tenant. Section 18 (2) reads as follows: "That fact that the period of the lease has expired, or that the interest of the landlord in the premises has been transferred shall not of itself be deemed to be ..Category: Tenancy Law | Date: | Hits: 87
AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)
....he Act itself it is to be strictly followed. With the above observations. I agree with the ultimate order of my learned brother. Ed. This case is also reported in: 46 DLR (AD) (1994) 113. ......only 120 days from the date of the original order will be available for filing appeal before the Tribunal. On law and facts this case will be of little help, though the report of the case contains an interesting discussion on interpretation of statutes with regard to law of limitation. 10. I wou..Category: Administrative Law | Date: | Hits: 129
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ......e by an Arbitrator appointed by the parties to a contract for construction work. The main question raised for determination in these two appeals before us relates to the Arbitrator's power to award interest on the award made by him. 2. Facts leading to these appeals are briefly set out be..Category: Business or Commercial Law | Date: | Hits: 98
Bangladesh Vs. Commercial Trust of Bangladesh Ltd. and others, 1994, 23 CLC (AD)
....ose given by the learned Judges of the High Court Division, we uphold the order appealed against. The appeal is dismissed with costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 89. ......n September 24, 1970. The company could not make much headway in establishing the proposed industries because of litigations over the land in question. 3. Tarini Kanta Das, the predecessor‑in-interest of respondent Nos. 2 to 5, was the original owner of 8 annas share of the acquired land. He..Category: Property Law | Date: | Hits: 69
Sonali Bank Vs. Ruhul Amin Khan, 1993, 22 CLC (AD)
....f the respondent from service from the date of the order of dismissal. CA No. 51 of 1992 is dismissed. No cost in either case. Ed. This case is also reported in: 46 DLR (AD) (1994) 85. ......্ষেত্র বলিয়া আমি মনে করি। 15. It is true that in the banking operations the officers and employees of a bank Often do many things in good faith in the interest of the bank and as normal practice which are not strictly permissible under the rules. It i..Category: Administrative Law | Date: | Hits: 143
Bangladesh Vs. Subash Chandra Das & ors, 1993, 22 CLC (AD)
....f abatement will follow only when the Government fails to "pay" or "deposit" compensation in terms of section 10. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 63. ......l Commissioner, or the Deputy Commissioner, as the case, may be, for acquisition of the property under section 5 or the proviso to section 4(3) (b), as the case may be, for no fault of the person interested, all proceedings in respect of such acquisition shall, on the expiry of that period, st..Category: Property Law | Date: | Hits: 64
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ......ds Act, 1930 (III of 1930), section 61 (2) The Contract Act, 1872 (IX of 1872), section 73 The order for payment of Taka 33 lac is covered both by the general principles governing payment of interest for the period prior to institution of the suit and by specific laws providing for compensa..Category: Business or Commercial Law | Date: | Hits: 128
Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)
.... delay. In the result, the appeal succeeds, the impugned judgment and order are set aside but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 46. ......ioned, to the prejudice of those who have so given faith to his words or to the fair inference to be drawn from his conduct …………I am of opinion that, generally speaking, if a party having an interest to prevent an act being done has full notice of its having been done, and acquiesces in it,..Category: Employment/Service Law | Date: | Hits: 126
Rear Admiral AA Mustafa Vs. Bangladesh, 1994, 23 CLC (AD)
.... 103 of the Constitution. The cases cited on behalf of the petitioner has no relevance in the instant case. The petition is dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 43.......es (Tenure of Appointment) Order, 1981, the petitioner, while he was acting as the Chief of Staff of Naval Forces, could only be retired before the expiry of his tenure by the President in the public interest and the impugned order is liable to be struck down for being passed under Rule 14(5) of the..Category: Employment/Service Law | Date: | Hits: 107
Bangladesh Shilpa Rin Sangstha Vs. Haque Brothers (Carbide) Ltd., 1994, 23 CLC (AD)
....find that our judgment does not need a review. The review petitions are accordingly dismissed. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 39 ......e petitioner's dues, fallen due owing to default in payment of two foreign exchange loans from erstwhile PICIC, amounting to Taka 29,72, 910.29 equivalent to US $ 1,90,609.05 only as on 1.7.77 with interest at the rate of 7½% and liquidated damages at the rate of 2% on the defaulted amoun..Category: Banking Law | Date: | Hits: 125
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ......ups I, II, III with retrospective effect. The Circular was not violative of Articles 14 and 16 of the Constitution and the Supreme Court in that connection made the following observation: "Private interest of employees of public undertaking cannot override public interest and an effort has to b..Category: Employment/Service Law | Date: | Hits: 97
Amjad Molla Vs. Syeduzzaman Molla and others, 1994, 23 CLC (AD)
....re on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 17 ......to be believed that he had conveyed the estate to B before he conveyed it to Z. A has committed forgery." 6. On the facts proved it is found that Amatunnessa transferred her entire interest to the appellant by the kabala executed and registered by herself on 18.7.75 (Ext. 1) and ..Category: Criminal Law | Date: | Hits: 61
Hosne Ara Begum Vs. Chairman, Court of Settlement and another, 1994, 23 CLC (AD)
....ther ground or point has been urged by Mr. Hakim. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 9 ......stance. The Court of Settlement has held that the building is an abandoned property, that it has vested in the Government under President's Order No. 16 1972 and that the petitioner has no right or interest in the building. The High Court Division has confirmed this finding. The ex parte decree a..Category: Property Law | Date: | Hits: 77
Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)
....unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ......on definite charges. It provides (fiat any employee who commits a breach of the Regulations or who displays negligence, inefficiency, or indolence or who knowingly does anything detrimental to the interest of the Bank or who commits breach of' discipline or is guilty of any other misconduct, etc..Category: Administrative Law | Date: | Hits: 149
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ......n represented by its Mayor and others.......................... Respondents Judgment July 19, 2004. The Constitution of Bangladesh, 1972, Articles 32 & 102 Public interest- Private interest The public interest which should be championed by agencies like r..Category: Environmental Law | Date: | Hits: 293
Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
....is lack of evidence to show that he possessed the land denying title of Karuna Moyee Dasi or her sons to their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ......19, 1962 and since purchase he and the other purchasers are possessing the land in suit, that the bainapatra of the plaintiff is forged and fabricated and that the plaintiff has no right, title and interest in the land in suit on the basis of the forged bainapatra. 4. The trial Court on ..Category: Property Law | Date: | Hits: 59
Kader Textiles (Pvt) Ltd. and another Vs. Md. Lehajuddin Miah, and others, 2006, 35 CLC (AD)
....ection 233 of the Company law and thus in passing the impugned judgment and order. Therefore, we do not find merits in this leave petition. Accordingly, this leave petition is dismissed. Ed. ...... February 1, 2003. The Companies Act, 1994 (XVIII of 1994), Section 233 The Company Court has been given jurisdiction to pass any order or orders for the purpose of protection of the interest of the minority Share holders under the provision of section 233 of the Companies Act. No ..Category: Business or Commercial Law | Date: | Hits: 86
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