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Md. Kamaluddin and others Vs. Bangladesh, 2006, 35 CLC (AD)
....ith as prayed for. Stay granted earlier be extended for further 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. ......ll be deferred until 'after the completion of the Structural Plan Period' that is 2015, and thus it is evident that the purpose of acquisition of the petitioners land for the said project does not amount to a public purpose within the meaning of the law, and thus the High Court Divis......ith as prayed for. Stay granted earlier be extended for further 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. ..Category: Property Law | Date: | Hits: 31
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ......note, shall, subject to all just exceptions, be ad-milled in evidence on payment of the duty with which the same is chargeable, or, in the case of an instrument insufficiently stamped, of the amount required to make up such duty, together with a penalty of five Taka, or, when ten times t......y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ..Category: Property Law | Date: | Hits: 118
Syed Ali Mir and another Vs. Syed Omar Ali and another, 1990, 19 CLC (AD)
....p; 420 The Code of Criminal Procedure, 1898 (V of 1898), section 561A. The alleged amount said to have fallen due to the complainant having accrued in course of a long business transaction, the whole allegation in the petition of complaint, even if true, cannot form the basis of any criminal p...... May 13, 1990. Result: The appeal is allowe. The Penal Code, 1860 (XLV of 1860), sections 406 & 420 The Code of Criminal Procedure, 1898 (V of 1898), section 561A. The alleged amount said to have fallen due to the complainant having accrued in course of a long business transa......d to deal in jute at Bhatiapara and Moisharghope within Faridpur District, that the accused-appellants purchased jute from Moisharghope Bandar from 27th Aswin to 29th Chaitra, 1386 BS on payment of money occasionally, that on accounting at the end of the year Tk. 83,700/- was found due and the acc..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. ......erty which could have been legally theirs. For a paltry sum of Tk. 70/72 thousand, the valuable suit property has been auction sold for Tk. 34,62,500/-. The appellants are at least entitled to that amount minus the dues of the defendant No.1." 22. The plaintiffs obtained leave to appeal from th......Dhaka (Property in suit). Defendant No. 1 filed Miscellaneous Case No. 88 of 1976 in the Court of District Judge, Dhaka under Article 27 of President's Order No. 7 of 1973 for the realisation of loan money against MA Naser, the loanee and 2 others i.e. Dhaka Improvement Trust (Defendant No. 3) and t..Category: Property Law | Date: | Hits: 95
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
....o not given any reasons for disbelieving this positive evidence in this regard. The High Court Division's approach was that if the money receipt would have borne the signature of the mother, then the whole transaction would have been proved. Since the document Ext.4, does not bear the signature of...... said offer. At the same sitting the price was fixed at Tk. 2,50,000/-. The appellant made a payment of Tk. 10,000/- in cash by way of earnest money. Defendant No. 1, by way of accepting the said amount, asked her son defendant No. 2 to grant a receipt for the same as she was physically infirm......o how he put his signature in the document, onus lies on the defendant to prove his part of the story. In the present case the plaintiff has produced not an agreement of sale but a receipt of earnest money, signed not by the owner but by her son. The basis of his suit is an oral agreement, not Ext. ..Category: Property Law | Date: | Hits: 50
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. ......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. ......s pipegun, kiris, dagger, iron rod etc. entered into Brahmanbaria Head Post Office breaking grill of a window and killing night guard Abdul Mannan and treasurer Abul Kalam Azad and looted away cash money of Tk.2, 64, 290/- in total breaking open the iron safes. In the morning the informant and 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. ......e rent received by him. Assistant Commissioner of taxes assessed the house rent for 9 units building at Tk.5,65,000/- against the house rent received by the Assessee for assessment year 1995-96 an amount of Tk.2,62,000/-. The Assistant Commissioner of Taxes enhanced the family expenditure at Tk.......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 72
Md. Yousuf & others Vs. Administrator of Waqf and others, 2005, 34 CLC (AD)
....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. ......tting obstruction by refusing to vacate the property of the Waqf Estate and thus thereby the writ-petitioners as are standing in the way of development of the Waqf property and that "their action tantamounts to disturb/obstruct in the peaceful management of the property in question and, therefore, t......he respective shops which are semipucca structures, that Mutawalli of the Waqf Estate refused to accept rent on November 19, 2001 and thereupon the tenants of the respective shops sent rent by postal money order and that the Mutawalli having had refused to accept the money so sent through postal mon..Category: Trust/Waqf Law | Date: | Hits: 228
Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
....n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ......n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ...... 13th Jaishtha 1340 B.S. and Hossain Sarder executed another loan document on 15th Ashar 1339 B.S. for a loan of Tk. 140/-.Their further case is that as the aforesaid persons failed to repay the loan money, they gave the land to Tayebuddin Biswas in total repayment of the loan money and executed a r..Category: Property Law | Date: | Hits: 26
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ......of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ...... Roy @ Sachindra Mohon Roy, although the land in suit was never transferred by the plaintiff to the said two persons by executing and registering any deed of sale in their favour and no consideration money was received by him from the said two persons. It was also the case of the plaintiff that the ..Category: Tenancy Law | Date: | Hits: 194
M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)
.... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ...... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ......ship on 29.1.2003, in such situation the plaintiff have been seeking for a interlocutory order of temporary injunction but prima facie the injury alleged to have been caused could be compensated by money which would be an adequate remedy. 10. In the instant case, the relationship between..Category: Business or Commercial Law | Date: | Hits: 100
K.M. Shamsul Alam Vs. Managing Committee, Police Line High School and others, 2005, 34 CLC (AD)
.... High Court Division on correct appreciation of facts and law discharged the Rule and there is no cogent reason to interfere with the above decision. The petition is dismissed. Ed ...... High Court Division on correct appreciation of facts and law discharged the Rule and there is no cogent reason to interfere with the above decision. The petition is dismissed. Ed ...... in a Audit Report that the petitioner took salary from both the police department as well as from the said school since 9.6.84 to 31.07.91 without any authorization which is illegal and the excess money should be refunded and that on 11.1.1991 he filed an application to the Superintendent of Pol..Category: Employment/Service Law | Date: | Hits: 82
New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)
....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 ......l currency loan of Tk. 23,00,000/- to the petitioner for setting up a light engineering workshop at the BSCIC Industrial Estate, Tongi, Dhaka vide memo No.06/4226/4576 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 ph......the loan would be repaid in 21 half-yearly instalments of which 20 instalments are to be of Tk. 1,10,000/-each and the last instalment to cover the entire balance due and that the repayment of loan money would commence from 30.9.82. The petitioner paid the first and second instalments on 27.8.82 a..Category: Banking Law | Date: | Hits: 117
Fairtech Limited & ors. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (AD)
....Dr. Hossain submitted with reference to the terms of the impugned sale and the offers made by the petitioners for settlement of the outstanding dues of the Bank that there was an arbitrariness in the whole proceeding which not only destroyed the enterprise of the petitioners but at the same time f......rrency loans in 16 equal half-yearly instalments commencing from 13.9.81. The vessels arrived in Bangladesh and started operating from 1980-81. It appears that the petitioners paid the Bank a total amount of Tk. 72,10,349 but then there were defaults made in making the payment. On 10.11.87 the Ban......pliance with other rules (in case of sale by private negotiation) have no effect on the impugned sale. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 216. ..Category: Banking Law | Date: | Hits: 94
Messers Hai Iron and Re-Roiling Mills Limited Vs. Bangladesh Commerce Bank Ltd., 2006, 35 CLC (AD)
....licable in the present case arrived at a correct decision which does not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. ......1992 the activities of Bangladesh Commerce and Investment Limited remained suspended and as a result they could not take any further steps against the defendants for realization of the ousting loan amount then by Act 12 of 1997 the respondent No.1 was constituted wherein all the assets and ......licable in the present case arrived at a correct decision which does not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. ..Category: Banking Law | Date: | Hits: 101
Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)
....g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......case reliance was placed on the observation made in the case of Bishundeo Vs. Seogeni Rai reported in AIR 1951 SC 280 wherein it was observed "General allegations are insufficient even to amount to an averment of fraud of which any Ct. ought to take notice, however strong the language ......g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 38
State Vs. Mrs. Lailun Nahar Ekram, MD, Engineer and Consultants (Bd) Ltd. (BCBL), 2007, 36 CLC (AD)
....materials on record has arrived at a correct decision and as such there is no cogent reason to interfere with the judgment of the said Division. The appeal is dismissed. Ed. ......ent is that the respondent took the money for fifty one bore holes relating to topographic survey by bill Nos. 1 and 2 respectively dated 11.03.1994 and 19.05.1994 and she took the same amount of money for the same work by bill No.3 dated 30.06.1994. 7. It appears from bill No.......994 requested ECBL to include on survey a link road connecting IPSA with Shipultali- Salna road in the master plan. 6. The allegations against the respondent is that the respondent took the money for fifty one bore holes relating to topographic survey by bill Nos. 1 and 2 resp..Category: Criminal Law | Date: | Hits: 74
Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)
....ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ......ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ...... inter-alia, that, the land described in plaint belonged to Nur Ahmed and others. Accordingly P.R.R. and M.R.R. Khatians have been prepared and published. Nur Ahmed and others were in need of money and sold the same to the plaintiff who has possessed the same by paying rent. The petiti..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. ......eed, contain microscopic traces of attempted glossing over some discreet agenda of malafide nature for more than one reason." 7. The High Court Division on admission found that the amount on account of Provident Fund stood accrued to the respondent. So is the case with payment fo......nstatement and LPR benefits affirmed. 2. The plaintiff-respondent instituted Other Class Suit No. 66 of 1992 in the 1st Commercial Court of Subordinate Judge, Chittagong for recovery of money, declaration of right of pension and mandatory injunction for payment of pension contending,..Category: Employment/Service Law | Date: | Hits: 136
Arch Limited and others Vs. Zillur Rahman Chowdhury and others, 2006, 35 CLC (AD)
....the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: ......hat 1, 24,000 shares were issued by the Company and those were deposited with the Agrani Bank for obtaining loan. It was further held that in the balance sheet of the Company as on 30th June, 1997 an amount of Tk. 1,24, 000,00/- was deposited in the account of the Company as share money. This proves......tion). In that judgment it was held that 1,24,0000 shares were allotted by the Company and the share certificates of the said 1, 24,000 shares were deposited with the Agrani Bank and payment of share money against issuance of 1, 24,000 shares were proved by the audit report as on 30.06.1996 and Md..Category: Business or Commercial Law | Date: | Hits: 109
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