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Mesbahuddin Ahmed Vs. M/s. James Finlay, 2007, 36 CLC (AD)
....ssing the appeal does not call for any interference. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 104. ......0,000/- with the defendant as earnest money. Offer of the plaintiff was provisionally accepted subject to the fulfillment of certain terms and conditions which included payment of the balance amount of Tk.56,75,000/- within one month from the date of acceptance calculated @ 25% of the bid m......ench of the High Court Division in First Appeal No.23 8 of 1991 allowing the appeal and thereby dismissing the suit filed by the plaintiff-appellant for refund of Tk. 15,00,0007-being earnest money forfeited by the defendant-respondent. 2. The plaintiff filed Other Suit No.70 of 1987..Category: Property Law | Date: | Hits: 33
St. Electronics (Infer Software Sys.) Pvt. Ltd. Vs. Patimas Intel. Sdn Bhd & ors, 2007, 36 CLC (AD)
....s therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed with observation. Ed. This Case is also Reported in: V ADC (2008) 100. ......Division erred in failing to consider that the respondent No. 1, writ petitioner, could not itself satisfy the requirements of clause 6.1 of the ITB with regard to its turnover up to the stipulated amount for the last five years. Consequently, it is submitted, the bid of the respondent No.1,......s therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed with observation. Ed. This Case is also Reported in: V ADC (2008) 100. ..Category: Business or Commercial Law | Date: | Hits: 110
Mosammat Parveen Sultana Vs. Mosammat Sahera Khatun & another, 2007, 36 CLC (AD)
....on record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 889. ......on record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 889. ......an agreement on 01.11.1981. At the time of such execution, her close relatives were present. Thereafter, on 09.02.1982 she executed the impugned kabala deeds on receipt of the balance consideration money through cheque and in cash. The defendant purchased the said land in her name by one deed and ..Category: Tenancy Law | Date: | Hits: 155
Rafique Ahmed Vs. MD, Bangladesh Overseas Employment & Service Ltd. and others, 2006, 35 CLC (AD)
....on record arrived at a correct decision and there in no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 885. ......on record arrived at a correct decision and there in no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 885. ......for which service charge at fixed rate is realizable from the candidates selected for getting employment abroad; the defendant No. 2 since his joining engaged himself in all ill practices to extort money from the Bangladeshi nationals seeking overseas employment and other subordinate officials o..Category: Employment/Service Law | Date: | Hits: 71
Moazzam Hossain Vs. Bangladesh Bank and ors, 2005, 34 CLC (AD)
....er section 17(1) of the Act on 9.9.1995, is not legally sustainable. So the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 870. ......y its mind to the facts and circumstances of the petitioner's case and failed to appreciate that the petitioner in compliance with the notice under Section 17(1) has fully repaid the guaranteed amount to the National Bank Limited during the subsistence of the order of stay of operation ......er section 17(1) of the Act on 9.9.1995, is not legally sustainable. So the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 870. ..Category: Banking Law | Date: | Hits: 112
Hemayet Ali Shaikh and others Vs. Ramesh Chandra Mondal and others, 2006, 35 CLC (AD)
....ere is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 866. ......ere is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 866. ...... 3. The learned counsel for the petitioners submits that the lower appellate court, the final court of facts, having found that the suit land has not been specified and that the consideration money of the deed dated 29.4.1963 having not been passed, dismissed the suit but the High Court Div..Category: Property Law | Date: | Hits: 25
Sarwar Zaman Vs. Yongtai Industries Bangladesh Ltd. and another, 2006, 35 CLC (AD)
....any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 855. ......0,000/- (taka eight lacs) from the account of the company two days after a new Managing Director was appointed leaving the account of the company dry and the petitioner also did not spend the above amount for the purpose of the company and thereby misappropriated the said amount; further the petit......d files of the company from its office and pursuant to the above GD, the police on 10.3.2005 recovered from Sohel some documents including the cheque book maintained with HSBC Bank from where all the money was earlier withdrawn by the petitioner; further by a letter addressed to the police Sohel t..Category: Business or Commercial Law | Date: | Hits: 151
Harunar Rashid Sheikh and others Vs. Dr. Badiuzzaman Mallik and others, 2006, 35 CLC (AD)
....cord arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 841. ......cord arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 841. ...... accordingly the plaintiff, through his benamdar the proforma defendant No.4, by several registered kabalas sold some lands in favour of the above defendants on receipt of the entire consideration money which he spent for the education of his son Dr. Badiuzzaman Mallik MRCP; in course of time en..Category: Property Law | Date: | Hits: 63
Md. Abul Hossain and others Vs. Abdul Hamid Mandal and others, 2007, 36 CLC (AD)
....th the impugned judgment of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 834. ......barred by the principles of estoppel, waiver and acquiescence. His specific case, in short, is that on account of urgent necessity (of) money, the defendant approached the plaintiff for loan of an amount of Tk. 3,000.00 in the month of Jaishstha, 1379 B.S. and the plaintiff agreed to give him lo......sell the land described in the schedule of the plaint for a consideration of Tk. 3,000.00 and thereupon executed a kabala in fabour of the petitioner on receiving the entire consideration money but the defendant-respondent No. 1 on different pretexts delayed the registration..Category: Property Law | Date: | Hits: 30
Mofizuddin Howlader Vs. Abdur Rashid & others, 1982, 11 CLC (AD)
.... exhibits the features of a family arrangement, but on that consideration only the waqfnama could not be declared invalid, inasmuch as, family settlement by way of Wakf Validating Act. The waqfnama whole should have been considered. On reading the different provisions of the waqfnama I find it di......roperty owned or possessed by the wakif without any vagueness or uncertainty; (3) that the intention of the wakif is clear; (4) that the waqf is permanent; (5) that a specified amount out of the income of the waqf estate, though small, is, to be spent on public charity;......urt Division are set aside and those of the trial Court are restored. The appellant is allowed the cost of the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 36. ..Category: Trust/Waqf Law | Date: | Hits: 171
Md. Khalequl Islam Vs. State, 2006, 35 CLC (AD)
....ing cogent reasons does not require interference by us. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 805; 11 MLR (AD) 2006, 343. ......ing cogent reasons does not require interference by us. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 805; 11 MLR (AD) 2006, 343. ......of F.I.R. lodged by one Assistant Inspector of D.A.B., Bogra alleging, inter alia, that one Abul Hossain Ex. Assistant Director Jute, Bogra Zone, a public servant received Tk.1, 00,000/-being loan money paid by farmers from Md. Khalequl Islam, Ex-J.E.O. Shariakandi and others by granting receipt..Category: Criminal Law | Date: | Hits: 96
Abul Hossain and Brothers Vs. Rupali Bank Limited, 2006, 35 CLC (AD)
....e leave-petition. In the aforesaid premises, we find no legal infirmity for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 785. ......cation on 24-03-1997 praying for amicable settlement and by which the defendants deposited Tk.15, 00,000/-to the plaintiff-Bank and thereafter defendants also gave an undertaking to pay the balance amount of Tk.9, 30,826/-to get release of the suit property. The plaintiff-Bank further alleged that......spondent Nos. 3-5 stood as guarantors of the said loan and they also mortgaged the schedule property to the plaintiff- Bank. The defendant-respondents by their negligence failed to repay the loan money to the plaintiff-Bank with agreed interest for the period of 22-09-1993 to 31-08-1994.The plai..Category: Banking Law | Date: | Hits: 85
Abul Kashem Vs. Md. Abu Bakar Siddique Khan and others, 2006, 35 CLC (AD)
....gh Court Division. In the aforesaid premises, we find no substance in this petition. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 779. ...... 45 decimals of land; that plaintiff Nos. 1-5 purchased the share of Rawshan Ali from his heirs on 03-05-1992 and 27-07-1992 vide two registered deeds and rented the land to one Nurul Islam for an amount of Tk. 52,000/- yearly for five years; that on 10-11-1997, the defendants went to the house ......eikh Kalu died leaving his two daughters namely Boshiron and Apon and brother Sheikh Tilumuddin; that Isha Kha verbally transferred 19.50 acres of land to Alimuddin and Khidir Kha after taking money; that Salam Patwary purchased 32.50 decimals of land from the heirs of Falu and from Azimudd..Category: Property Law | Date: | Hits: 33
Mst. Mariam Bibi Vs. Shiraj Madbar and others, 2006, 35 CLC (AD)
....of the view that there is no error in the said judgment. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 774. ...... account of all the installments in the treasury and the plaintiffs being unaware of the fact could not take any step in the matter earlier but coming to know of the fact they paid the balance amount of salami with interests on 26.10.1987. But the Additional Deputy Commissioner (Revenue) wit......adbar, the prede-cessor-in-interest of the plaintiff Nos.1 to 3 and that salami was to be paid in ten equal installments and that the predecessor of the plaintiff paid installments handing over the money to the Tahshidler concerned but it appeared later that the tashilder did not deposit the mone..Category: Property Law | Date: | Hits: 25
Bangladesh Vs. Al-Haj Sanaullah, 2006, 35 CLC (AD)
....correct decision. There is no cogent reason to interfere with the impugned judgment. 8. The leave petition is dismissed Ed. This Case is also Reported in: IV ADC (2007) 770. ......rportedly under section 93A (a) of the Act was issued for acquisition of the said land of the petitioner for the aforesaid purpose but the notice was not served upon the petitioner. Very small amount of money on the basis of a preliminary award was paid to the petitioner initially ......under section 93A (a) of the Act was issued for acquisition of the said land of the petitioner for the aforesaid purpose but the notice was not served upon the petitioner. Very small amount of money on the basis of a preliminary award was paid to the petitioner initially which he r..Category: Property Law | Date: | Hits: 26
Janata Bank and others Vs. National Electric Company Ltd., 2007, 36 CLC (AD)
....of the High Court Division can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 764. ...... plaintiff could not take proper care for maintenance to the raw materials, finished goods and the machineries which led to the damage of those; the plaintiff also deposited fixed deposit receipts amounting to Tk. 50 lacs belonging to others and the defendants, without any intimation to the......anufacturing electric bulbs and they also obtained loan of Tk. 1,50,00,000/- from the defendant No.1 against pledge and also another loan of Tk. 65,00,000/-against hypothecation and needing further money they approached Sonali Bank who agreed to extend further loan but the defendants, promising t..Category: Business or Commercial Law | Date: | Hits: 75
Chalna Carriers & Fibres Ltd. & another Vs. M/s. Shainpukur Navigation Ltd. & ors, 2005, 34 CLC (AD)
....e hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 735. ......act of the defendants they suffered loss of Tk. 5, 34,439.74 and since plaintiffs have suffered the said loss because of the negligence of the defendants, they are entitled to a decree for an amount of Tk.5, 34,439.74 against the defendants. 2. The suit was contested by defendant Nos......e hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 735. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 210
Md. Siddiqullah and others Vs. Sufura Khatun and others, 2007, 36 CLC (AD)
....Counsel for the petitioners in the facts and circumstances of the case. Accordingly, the application is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 691. ...... rent receipt and the plaintiffs took some money as loan from defendant No.2 and the defendant No. 2 used to write it in a account book and in terms of the account book the plaintiffs took a total amount of Tk. 8,462.00 between 13.04.1989 to 29.12.1991 and after adjustment of Tk.700.00 against r......g the plaintiffs' case stating inter alia, that the plaintiffs though received the rents from the defendants in time but were in the habit of not issuing rent receipt and the plaintiffs took some money as loan from defendant No.2 and the defendant No. 2 used to write it in a account book and in..Category: Property Law | Date: | Hits: 35
Mst. Rousan Ara Vs. Alhaj Mst. Hazera, Begum alias, Hazera Khatun & another, 2007, 36 CLC (AD)
....n-Record found difficult to assail the Judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 689. ......n-Record found difficult to assail the Judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 689. ......he plaintiff was the only legally married wife of late Alhaj Faruque Hossain till his death stating, inter alia, that she married late Alhaj Faruque Hossain, son of late Abdul Malek fixing a dower money of Tk. 3,001/- on 26.07.1981 under the Muslim Family Laws Ordinance. Late Alhaj Faruque Hossa..Category: Family Law | Date: | Hits: 150
Khondker Ansar Ahmed & others Vs. A.T.M. Monsur Ali Mallik & others, 2007, 36 CLC (AD)
.... cogent reason to interfere with the same. Both the appeals are, therefore, dismissed with costs at all stages. Ed. This Case is also Reported in: IV ADC (2007) 640, 19 BLT (AD) (2011)129. ...... cogent reason to interfere with the same. Both the appeals are, therefore, dismissed with costs at all stages. Ed. This Case is also Reported in: IV ADC (2007) 640, 19 BLT (AD) (2011)129. ......ed upon the defendant-appellants. 10. The case of the respondents, on the other hand, is that Srish Bhattacharjee was not a benamder of Baidyanath and he purchased the suit properties with his own money for his own benefit. On the death of Srish Bhattacharjee the property devolved upon his two so..Category: Property Law | Date: | Hits: 34
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