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Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)
....ich the question is raised can be properly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ......ka, against the respondent No.1 and another alleging her committing an offence under sections 385/109 of the Bangladesh Penal Code. The allegation as set out in the FIR on the face of it does not amount to an offence under section 385 of the Penal Code, not to speak of section 109 thereof. ......g to become the local agent of TPE, that at that time he tried to influence their principal in Russia and failing in all his efforts he pressurised the informant's company to pay him a huge amount of money. Thereafter in June, 2000 the informant met Sheikh Fazlul Karim Selim at his residence and pro..Category: Civil Law | Date: | Hits: 254
A. B. M. Shamsuddin Vs. Mahmuda Selina and others, 2006, 35 CLC (AD)
....ngs and decisions as arrived at by the High Court Division. In the aforesaid premises, we find no merit in this petition. Accordingly, it is dismissed. Ed. ......t. 3. Denying the plaint case the defendant filed written statement but admitted the agreement and expressed her willingness to execute and register the sale deed on receipt of the balance amount of consideration; that thereafter on 17-11-1997 the plaintiff and the said defendant, furthe......ngly, the deed of agreement was filed in the Court and plaintiff examined himself on 18-11-1997 in support of such agreement. Even, thereafter, the plaintiff did not pay the aforesaid consideration money and could not obtain the kabala executed and registered by the said defendant. 4. The..Category: Property Law | Date: | Hits: 41
Loyal Shipping Ltd. Vs. Castrol UK Ltd. and others, 2006, 35 CLC (AD)
.... of Money Suit No. 21 of 1993 by the plaintiff. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ...... 2. Brief facts are that the respondent, as plaintiff, filed the above money suit claiming decree for Taka 14,19,656, equivalent to US$ 29,140 at then rate, on the averments that the said amount is due from the defendant No. 2 appellant on account of supply of lubricant to their vessel,......econd Court, Dhaka, passed in Money Suit No. 21 of 1993 refusing to treat the counter-claim filed by the defendant in the above suit as a plaint in the cross suit after the withdrawal of the above money suit by the plaintiff. 2. Brief facts are that the respondent, as plaintiff, fil..Category: Civil Law | Date: | Hits: 111
Chittagong Dock Sramik Parichalana Board and others Vs. Shamsul Haque and others, 2007, 36 CLC (AD)
.... sustainable and accordingly, the same is liable to be set aside. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 68. ......ndents Judgment May 23, 2007. The Acquisition and Requisition of Immovable Property Ordinance, 1980 (II of 1982), Section 7(3) Since the requiring body paid the full amount of compensation and the concerned authority repeatedly rejected the prayer of respondent No....... sustainable and accordingly, the same is liable to be set aside. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 68. ..Category: Labour and Industrial Law | Date: | Hits: 83
Ashraf and others Vs. Md. Zahangir Alam & others , 2008, 37 CLC (AD)
....ve the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 66; V ADC (2008) 189; 14 MLR (AD) (2009) 86. ......ve the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 66; V ADC (2008) 189; 14 MLR (AD) (2009) 86. ......ee the respondent No. 2, the Executive Engineer, Sylhet PWD Division asked the writ petitioner in 5 separate letters dated 18-3-2004 (vide Annexure-C series to the writ petition) to deposit the bid money in respect of 5 items only. The writ petitioner accordingly, deposited the bid money. But the..Category: Others | Date: | Hits: 88
Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)
....he matters of granting stay operation of the judgment of the Special Judge and also in the matters of granting bail. The expression "Ei bidhimalar odhin” refers to the Emergency Powers Rules as a whole. It cannot mean and refer to Rule 10 only otherwise the expression would have been "Ukto bidhi......known source of income. The respondents is beneficiary of the wealth of his father acquired through improper means and just after the arrest of his father Mir Md. Nasiruddin, he transferred total amount of Taka 5,64,62,947 from Joint Accounts of himself and his father to the accounts of his wife......Helaluddin total amount of Taka 5,64,62,947 to the accounts of his wife and mother-in-law from the joint account of himself and his father. The learned Special Judge also found that such transfers of money were not irregular but the money was transferred with dishonest purpose to screen disproportio..Category: Anti-Corruption Laws | Date: | Hits: 219
Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)
....; is well made out with reference to the effect of a "Bandh" on the fundamental rights of other citizens. There cannot be any doubt that the fundamental rights of the people as a whole cannot be subservient to the claim of fundamental right of an individual or only a sect......gladesh reported in 21 BLD 352. In that case it was held: “that call for hartal per se is not illegal but where any call for hartal is accompanied by threat it would amount to intimidation and the caller for hartal or strike would be liable under the ordinary law ......gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ..Category: Criminal Law | Date: | Hits: 79
State Vs. Md. Kamaluddin @ Pichi Kamal and ors., 2005, 34 CLC (AD)
....or calling for our interference. In the aforesaid premises we do not find any substance in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. ......e work and since he did not get the work he got angry and threatened the complainant with dire consequence and demanded Tk.100,000/-(one lac) from him as toll and the complainant refused to pay the amount and as such on 21.07.2001 i.e. the day of occurrence while he was riding on his motor bike ......f the appeal Mr. Abdur Razaque Khan learned Additional Attorney General submits, inter alia, that the High Court Division though found that there are allegations of snatching away money by the respondent from the informant but still the High Court Division allowed bail to t..Category: Criminal Law | Date: | Hits: 71
Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
....t acquiescence operates by way of estoppel. It is acquiescence in such circumstances that assent may reasonably be inferred and is an instance of estoppel by words and conduct consequently, if the whole circumstances are proper for raising this estoppel, the party acquiescing cannot afterwa......resumed to have been regularly done but no presumption could be raised that an act was done of which there is no evidence. 29. It appears from the file that the Committee has recommended the amount of value to be fixed by the Government and that Government on the basis of recommendation an......el has further submitted that though section 25(1) of the Customs Act authorises levy of the customs duties in respect of the imported goods, meaning thereby the worth of a thing expressed in money and is determinable by reference to the objective yardstick normally the 'market price' ..Category: Fiscal/Taxation Law | Date: | Hits: 107
Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
.... No infirmity in the judgment of the High Court Division could be pointed out for our interference. In that view of this, the appeal is dismissed without any order as to costs. Ed. ...... No infirmity in the judgment of the High Court Division could be pointed out for our interference. In that view of this, the appeal is dismissed without any order as to costs. Ed. ......od said Sudhir Chandra left this country for India; Dil Mohammad transferred the suit land to his wife plaintiff-Amena Khatun (respondent herein) through registered deed of sale in return of dower money on 15.12.1967 and accordingly mutated her name in mutation Case No.793/IX/75-76 dated 22..Category: Property Law | Date: | Hits: 34
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
.... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ...... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......rted to by High School the parents of the girl students would not be interested to admit their girls in the School and thereby the School would face serious loss which cannot be compensated by money, that although the High School has taken step to start new section for admission of the girl ..Category: Civil Law | Date: | Hits: 216
Kadam Rosul Silicate Works and others Vs. Sonali Bank, 1990, 19 CLC (AD)
....Counsel for the respondent reiterated his submission which found favour with the High Court Division as noticed above. Mr. Hossain also submitted that the suit having been decreed on admission, the whole prayer in the plaint without condition stands admitted and there is no scope for applying sect......, 1990. Result: The appeal is allowed with cost. The Code of Civil Procedure, 1908 (V of 1908), section 34(1) & (2) Admission of the appellant was limited upto the extent of principle amount. There is no indication in the decree that the respondent is entitled to any further interest......nts and what was the decree passed on admission, in particular if there was any interest allowed on the principal sum adjudged till realization of the dues. 9. Section 34(1) CPC provides that in a money decree, the court may, in the decree, order interest to be paid on the principal sum adjudged ..Category: Banking Law | Date: | Hits: 134
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
....ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ......% per day for delay and in the above letter there was no mention of delivery by air; the respondent No.1 in order to meet the above demand of the respondent No.3 by letter dated 30-7-96 reduced the amount of offer to Taka 16,04,72,000, the estimated cost, and agreed to bring the generators within ......der Schedule, Annexure-A to the writ petition, Tender was published on 30-5-98 and then on 1-6-1998 correction of the same was made to the effect that the contract will be on Turnkey basis, earnest money will be @ 2.5% and in place of 8-6-98 the last date for submitting Tender will be 23-6-98; the..Category: Others | Date: | Hits: 100
Meghna PET Industries Ltd and others Vs. Md. Mostafa Kamal & others, 2007, 36 CLC (AD)
....faulter borrowers. Accordingly, the application for dismissing the civil petition for leave to appeal Nos. 477-478 of 2005 is allowed. Both the civil petitions are dismissed. Ed. ......faulter borrowers. Accordingly, the application for dismissing the civil petition for leave to appeal Nos. 477-478 of 2005 is allowed. Both the civil petitions are dismissed. Ed. ......hange of ownership and transfer of shares of the writ petitioner-applicants in the 'Ka' group industries in favour of the existing shareholders and directors they are no longer liable for the loan money of 'Ka' group of industries and, as such, their names cannot be included in the CIB report ma..Category: Business or Commercial Law | Date: | Hits: 108
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....e flesh and blood to the skeleton of doubt which the informant party was dangling from the very beginning and PW 3 Nurul Alam, a domestic servant of PW 17 Abdul Bari Chowdhury, was found handy in the whole cooking up process. The IO was pointedly asked in cross-examination that being influenced by t......atement of a witness recorded under section 164 of the Code of Criminal Procedure is meant for binding him down to the statement made during investigation and in the case of any glaring inconsistency amounting to perjury, the witness may be prosecuted for giving false evidence. The defence may use i......eir side from the side of this appellants' uncle, PW 17 Abdul Ban Chowdhury. This witness also stated that the appellant requested him to leave the house of Abdul Bari and promised to give him more money to which he declined. During the course of conversation other appellants came to the place and..Category: Criminal Law | Date: | Hits: 74
Shaikh Abdul Quader Vs. Chairman, Bangladesh Agricultural Development Corporation, 1978, 7 CLC (AD)
.... petition to decide whether the said view of the learned Judges of the High Court was correct. We do not find anything to interfere with the order. The petition is dismissed.. Ed. ......he instant case the audit report having been placed before the Chairman of the Corporation, who, on a consideration of the same, has come to the conclusion that certain monetary irregularities amounting to abuse of power and temporary misappropriation of fund, have been prima facie pr...... petition to decide whether the said view of the learned Judges of the High Court was correct. We do not find anything to interfere with the order. The petition is dismissed.. Ed. ..Category: Employment/Service Law | Date: | Hits: 79
Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)
....sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ......sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ......o the defendant No.2 on 24th May, 1984 and that on that very day by another kabala they transferred 50 decimals of land to defendant No.3 and put them in possession, that consideration money was paid by Mokhles, father or the defendant Nos.2 and 3 and that he possessed the land on b..Category: Property Law | Date: | Hits: 52
Bangladesh Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ......d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ...... 2. Facts, in short, are that the original owner Harihar Das entered into an agreement for sale on May 19, 1962 with Abdul Barek Bepari and upon receiving Taka 6,000 out of the total consideration money of Taka 6,500 executed an agreement for sale and made over possession, that Harihar Das having..Category: Tenancy Law | Date: | Hits: 156
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......0 to the plaintiff and thereupon plaintiff parted with the possession of the land in suit in favour of the principal defendants, that subsequent to the date of contract the defendants paid further amount of Taka 11,00,000 towards the consideration money, that the defendants i.e. respondent Nos.1......d Court be pleased to execute and present for registering of the sale deed/kabala on behalf of the defendant No. 1 and in favour of the plaintiffs on taking deposit of the balance consideration money, c) that the defendant No. 1 be restrained by an order of temporary injunction from creating..Category: Property Law | Date: | Hits: 94
Abdul Majid alias Mujibur Rahman Molla Vs. Md. Abdul Matin and others, 2006, 35 CLC (AD)
....d by the plaintiff that the quantity of land said to have been given by the defendant No.1 in exchange of the land said to have been received from the defendant Nos.2 and 3 is not correct, that the whole transaction between the defendant No.1 and defendant No.2 and 3 is a camouflage transact...... view expressed by us about the ground taken in the course of hearing we do not find any merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ......e land own by the defendant No.1 and defendant Nos.2 and 3 they exchanged their respective land by the exchange deed dated March 21, 1993, that in the transaction in question no consideration money passed and that only there has been exchange of land, that after exchanged the defendants are..Category: Property Law | Date: | Hits: 38
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