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Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
.... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ......ment and order of the High Court Division dated 10-6-1998 making the rule absolute in Writ petition 1515 of 1998 and directing return of the Bank guarantee furnished by the writ-petitioner and the sale proceed of the confiscated vessel and goods found therein to the respondent. 2. Messrs...... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 96
Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)
....decisions arrived at by the High Court Division. For all the above reasons, we find no substance in these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ......decisions arrived at by the High Court Division. For all the above reasons, we find no substance in these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ......2004. Result: The petitions are dismissed. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 81(1) The Constitution of Bangladesh, 1972, Article 102 A registered deed of settlement cannot be cancelled uniterally without hearing the affected party. The writ p..Category: Property Law | Date: | Hits: 77
Dulal Chandra Das & ors Vs. Ratan Chandra Sarker and others, 2006, 35 CLC (AD)
....tion, both the appeals are allowed without any order as to cost, the judgment and order passed by the High Court Division in Civil Revision Nos. 149 and 560 of 1996 are set aside. Ed. ......e Pramila Bala Paul in 1945. He also claimed that Upendra entered into an agreement with him on 10-8-68 for selling the same land and possession was delivered to him based on that agreement and the sale deed was executed on 25-3-1985. The property was listed as enemy property and Upendra himself......aware that the property was enlisted as enemy property, he purchased it from the vendor by a kabala dated 25.3.85. Consequently he acquired no title in the case property on the basis of his kabala deed. Cases Referred to- Abdul Kader and others vs AK Noor Mohammad 36 DLR (A..Category: Property Law | Date: | Hits: 51
Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
.... Taka 13,500 as advance out of total consideration money of Taka 15,000 and delivered possession of the same to the appellant on the same day as part performance of the agreement for sale. Before the execution of the deed Abdul Hafiz died in January 1972 leaving behind three legal heirs and successo......ant on receipt of Taka 13,500 as advance out of total consideration money of Taka 15,000 and delivered possession of the same to the appellant on the same day as part performance of the agreement for sale. Before the execution of the deed Abdul Hafiz died in January 1972 leaving behind three legal h......al Road, Mohammadpur, Dhaka. 2. The case of the appellant is that the case property previously belonged to Abdul Hafiz who got the same from the Government of the then East Pakistan by registered deed of lease dated 15-1-69 and constructed a tin shed house and lived there. The said Abdul Hafiz e..Category: Property Law | Date: | Hits: 108
ASI Md. Ayub Ali Sardar and another Vs. State, 2005, 34 CLC (AD)
....elow and submits, inter alia, that there is serious error of law committed by the High Court Division and that the courts below did not consider that the two police persons went on patrol duty and in execution of the warrant of arrest and that during the alleged occurrence they discharged their duty......their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13.......their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13...Category: Criminal Law | Date: | Hits: 78
Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)
....es of the High Court Division misread the evidence on record and erroneously held that PWs 1, 2 and 7 three of purported executants of the questioned Sale-deeds did not categorically deny the "execution" by them, and that these Sale-deeds and connected documents were also not proved at ......nce recorded in this criminal case is sufficient for maintaining the conviction for forgery recorded by the trial Court, when the defence could not substantiate their special plea that there was a sale in pursuance of an agreement of the year 1974. We do not accept this contention, for, in a cri...... (Ext. 1) filed before the Sub-Divisional Magistrate, Mymensingh Sadar, by the complainant PW 1 Nagendra Chandra Mondal. He alleged that the accused-respondents (Nos. 1 to 10) had forged three Sale-deeds in which he (complainant) and his 3‑co-sharers‑Narayan Chandra Mondal, Tarin..Category: Criminal Law | Date: | Hits: 68
Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)
....appellant obtained a decree for an amount of US $ 1, 27,089.70 against respondents Nos. 2‑8 in the aforesaid Admiralty Suit. After obtaining the said decree the appellant put the decree into execution and in that execution proceeding the High Court Division passed an order on 10.9.86 for a......BL. Having coming to know of the said order of attachment from a notice published in the newspapers the UCBL filed an application for vacating the said order of attachment and also for stay of the sale by auction which was to be held on 30 April, 1987. I___________________________________......od at Tk. 69,93,579.60 on 31.3.87 and on the date of application it increased to about Tk one crore. The judgment‑debtor No. 2 deposited his 25,000 share certificates to the Bank with a blank deed duly signed authorising the Bank to adjust the liability in pan by disposing of the same. He d..Category: Business or Commercial Law | Date: | Hits: 124
Abu Bakar Siddique (Md) Vs. Kafiluddin and others, 1992, 21 CLC (AD)
....tral question at the trial was whether the impugned sale certificates were genuine or fake. In order to show that they were fake the prosecution was required to prove that there was no such suit or execution case out of which the said sale certificates were issued. Ext. 5, an information sheet is......ibari, Mofazzal Hossain, Assistant Tahsilder, Betka Tahsil Office, respondent Nos. 1 and 2 herein and Tobarak Mollah and Mobarak Mollah (since dead) in collusion with each other got five fictitious sale certificates registered and used them in respect of a total area of 11.72 acres of lands wort......as not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ..Category: Criminal Law | Date: | Hits: 61
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
....d another suit for mesne profits on April 8, 1961 in the same court for assessment of the damages since 1958 for being kept out of possession and till the defendants are evicted by the Court in execution of the decree that was obtained in the suit of 1952. The defendants filed written statem......r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ......r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ..Category: Criminal Law | Date: | Hits: 141
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
....g tenders, instruction to bidders, the Agreement, the general conditions of the contract, Specifications and Schedules including all modifications thereof incorporated in the documents before their execution. These form the contract." 22. It is true, he submits, that the quantum of eart...... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ......ion of deducting 10% from the running bills and coming as it does from an Engineer Arbitrator, it cannot be said that he was wide off the mark. In the absence of documents the Arbitrator's work was indeed a difficult one and unless it can be shown that his conclusions were based totally on no eviden..Category: Alternative Dispute Resolution | Date: | Hits: 202
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ...... the said plot at a consideration of Tk. 2, 79,386.00. 3. After having made construction on the said plot of land respondent No. 4 caused an advertisement to be made in a newspaper offering sale of the said plot. The appellant Qazi Kamal agreed to purchase the same at a consideration of T......ts was issued to him by the former DIT on 14.9.79. On payment of one instalment on 8.10.79 respondent No. 4 was given possession of 9 kathas 13 chataks of land of the said plot on 24.10.79. A lease deed for 99 years was executed between the former DIT and respondent No. 4 on 26.4.80 and was regi..Category: Property Law | Date: | Hits: 110
Abdur Rashid Vs. Momtaz Ali Karikar and others, 1992, 21 CLC (AD)
.... the case land till her death after liberation of Bangladesh, that Momtaz Ali failed to prove his motive for acquisition of the case land in the benami of Swapan Kumar; and as such the question of execution of deed of release by Swapan Kumar in favour of Momtaz Ali does not arise and so the impu......and circumstances and the evidence on record held that Swapan Kumar was not the benamder of the pre‑emptee in respect of the earlier kabala and held that the deed of release was out and out a sale deed and as such there was no impediment on the part of the pre‑emptor in getting pre&#......2 purchased the land in his own name and for his own benefits and has been possessing the same. Thereafter respondent No. 2 transferred the case land to the pre‑emptee, Momtaz Ali Karikar by deed of release dated 13.3.74. According to the pre‑emptor, although the deed in question has..Category: Property Law | Date: | Hits: 106
Sonali Bank and others Vs. Gazi Abdur Rashid and others, 1992, 21 CLC (AD)
....t in the course of his trade, profession or business as an agent has implied authority to do whatever is usually incidental, in the ordinary course of such trades profession or business, to the execution of his express authority, but not to do anything which is unusual in such trade, profess......aring agent, etc. The plaintiff also instructed defendant No. 2 to make delivery of salt to defendant No. 7 against cash payment at the rate of Tk. 100'00 per bag of two manuals and to deposit the sale proceeds to the plaintiffs account, but defendant No. 3 unauthorisedly and illegally made a de......not allowed but we allow interest on the decretal sum of Tk. 15,39,300.00 @ 7.1/2% per annum from the date of the institution of the suit upto the date of decree of this Court. Ed. ..Category: Business or Commercial Law | Date: | Hits: 99
Manik Chand Bibi @ Rezian Nahar & anr Vs. Abdul Mutakabbir Chy @ Sufi Mia Chy, 1992, 21 CLC (AD)
....Latifur Rahman J.- This appeal by leave is directed against the judgment of the High Court Division passed in Civil Revision No. 104 of 1989 making the Rule absolute and directing to proceed with the execution case in accordance with law. 2. The material facts relevant for disposal of this appeal...... person entitled to execute the decree and that stage did not reach fill then. Hence, the impugned order is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: ...... person entitled to execute the decree and that stage did not reach fill then. Hence, the impugned order is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 175
Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)
....ng a sale deed and his two sons having failed to honour the agreement defendant No. 3 obtained a money decree on 31.10.60 against them in MS No. 8 of 1960 and started Execution Case No. 14 of 1960 in execution of the decree. Along with some other properties of Rajeshwar the suit property was again s......osed to sell the property to plaintiff-appellants for Tk. 12,000.00 and on receipt of Tk. 3,000.00 executed a deed of agreement Ext.1 on 7.9.56 and it was registered on 9.9.56. It was agreed that the sale deed would be executed within a year after obtaining permission and on receipt of the balance o......ury (since deceased and substituted by his sons defendant Nos. 1 (Ka) and 1 (Kha). He proposed to sell the property to plaintiff-appellants for Tk. 12,000.00 and on receipt of Tk. 3,000.00 executed a deed of agreement Ext.1 on 7.9.56 and it was registered on 9.9.56. It was agreed that the sale deed ..Category: Property Law | Date: | Hits: 82
....the very eyes of the watching family members of the detenu. The Court cannot be a silent spectator to this state of affairs. We must make it clear that when this court passed an order it is meant for execution and not for flouting".
10. The High Court Division has given elaborate consideration to......tice will be sufficiently met if the unconditional apology of the appellant is accepted and the sentence remitted. It is ordered accordingly.
The appeal is disposed of in the aforesaid terms.
Ed.......tice will be sufficiently met if the unconditional apology of the appellant is accepted and the sentence remitted. It is ordered accordingly.
The appeal is disposed of in the aforesaid terms.
Ed...
Category: Criminal Law | Date: | Hits: 88
Shamser Ali (Md) and others Vs. Mosammat Kafizan Bibi, 1992, 21 CLC (AD)
....tion of the document. Consequently the judgment is liable to be set aside. Accordingly, the appeal is allowed without cost and the judgment of the lower appellate Court is restored. Ed. ......tion of the document. Consequently the judgment is liable to be set aside. Accordingly, the appeal is allowed without cost and the judgment of the lower appellate Court is restored. Ed. ......tary evidences on record disposed of the material controversy in disputed holding, inter alia, that there was no over‑writing or insertion in the impugned kabala; that PW 4 Gias Moharar, the deed writer who stated that he only saw one schedule In the disputed kabala did not depose truthful..Category: Property Law | Date: | Hits: 98
Narayan Chandra Rajak Das Vs. Md. Amjad Ali Miah and others, 1992, 21 CLC (AD)
....described as the said land. On 8.12.62 Dilip Kumar, claiming to be the sole owner of the said land, sold it to the plaintiffs for Tk. 5,000'00. One Abdul Mannan Khandaker purchased the said land in execution of a rent‑decree passed against the 3 sons of Rajendra Karmaker. The plaintiffs pre......intiffs for Tk. 5,000'00. One Abdul Mannan Khandaker purchased the said land in execution of a rent‑decree passed against the 3 sons of Rajendra Karmaker. The plaintiffs pre‑empted the sale to the extent of 2/3rd of the said land by obtaining an order of Pre‑emption in Pre̴......appellate Court's judgment was not a proper judgment of reversal. For all the above reasons, we do not find any merit in this appeal. Hence the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 67
Abul Khair Vs. The State, 1992, 21 CLC (AD)
....o;s judgment and in view of the long delay for no fault of his own, his life may be spared and he may be meted out the punishment of imprisonment for life instead. 17. Delay by itself in the execution of sentence‑of death is by no means an extenuating circumstance for commuting the ......elay will merit such commutation. We find no compelling extenuating circumstance in this case and therefore find no ground whatsoever to interfere. The petition is dismissed. Ed. ......elay will merit such commutation. We find no compelling extenuating circumstance in this case and therefore find no ground whatsoever to interfere. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 61
Chairman, Kushtia Cooperative Industrial Union Ltd Vs. Mujibur Rahman & others, 1992, 21 CLC (AD)
....0, passed in Civil Petition for Special Leave to Appeal No. 283 of 1989 staying further proceeding in Title Execution Case No. 1 of 1986 pending in the Court of Assistant Judge, Kushtia Sadar. The execution case arose out of a decree for ejectment of the petitioner obtained by Opposite Party Nos...... the superior Court. Normally, therefore, an advocate's information will be honoured by the Court, unless a strong case for refusal is made out by the Court in its order of refusal. Ed. ...... the superior Court. Normally, therefore, an advocate's information will be honoured by the Court, unless a strong case for refusal is made out by the Court in its order of refusal. Ed. ..Category: Property Law | Date: | Hits: 98
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