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Bina Rani and another Vs. Shantosh Chandra Dey, 1999, 28 CLC (AD)
...., the impugned judgment and decree of the High Court Division are set aside and those of the trial Court are restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 81. ......tuted the suit stating, inter alia, that he had purchased and taken settlement of a part of schedule 1 land in the benami of his elder son defendant No.1 with his own money for his own benefit and interest when defendant No.1 was a minor. He had also taken pattan of schedule 2 land with his own ..Category: Property Law | Date: | Hits: 75
BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)
....vidence from parties. In the result, the appeal is disposed of in the above terms without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 71. ......ed a counter-claim for a sum of Taka 1,28,235.37. 4. After discussing the oral and documentary evidence of both sides the learned Admiralty Judge found PWs 6 and 7 to be independent and disinterested eye-witnesses to the occurrence and relying upon their testimony held that the oil tank..Category: Admiralty Law or Maritime Law | Date: | Hits: 187
Kochi Mia @ Khocha Mia Vs. Suruj Mia being dead his heirs Md Fazlur Rahman & ors., 1999, 28 CLC (AD)
....ment and order of the High Court Division be set aside and the judgment and decree of the appellate Court be restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 57. ......he initial stage the name of the plaintiff was recorded in respect of the land but subsequently the defendants collusively got the land recorded in their names though they have no right, title and interest. The plaintiff brought Misc. case in the Court of Subordinate Judge for correcting the rec..Category: Property Law | Date: | Hits: 65
BD Oil, Gas and Mineral Cooperation (Petro Bangla) Vs. Nuruzzaman Khan Brothers, 1999, 28 CLC (AD)
....rators and made a rule of the Court by the Subordinate, Judge. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 52. ......bsp; February 12, 1998. The Arbitration Act, 1940 (X of 1940) Section 39 Awarding of interest on the decretal amount of award on appeal whereas no such interest had been determined by ..Category: Alternative Dispute Resolution | Date: | Hits: 249
Al-Helal Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha, 1999, 28 CLC (AD)
.... an ex parte hearing. That part of the order imposing cost is set aside. The petition, however, is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 51. ......eged in its writ petition that the respondent filed certificate case No.127 of 1990 for realisation of the principal amount claiming Tab 2,619 million with local currency of Taka 0,500 million with interest. The petitioner disputed the amount claimed by the respondent and instituted Tide Suit No...Category: Business or Commercial Law | Date: | Hits: 106
Faruk (Md) Vs. Abdul Hamid and others, 1999, 28 CLC (AD)
.... that view of the matter the oral prayer for stay of the present order is refused. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 48. ...... including himself. Respondent No.2 made the false vendor’s agreement for his personal benefit. He continued to treat the private limited company as his own absolute property and ignored the interest of the petitioners and other shareholders. The company made a huge profit of Taka 4,61,86,..Category: Business or Commercial Law | Date: | Hits: 100
Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)
....ugned judgment and order of the High Court Division are set aside. Writ Petition No. 204 of 1989 is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 42. ......i RA there is no logic to consider the property of plot No.16 only as an abandoned property. (iii) Four years having already elapsed since the issuance of Rule Nisi on 22-2-89 in the interest of justice the writ petition cannot be rejected only because of institution of cases in t..Category: Property Law | Date: | Hits: 48
Saitan Bibi and others Vs. Chairman Bewa and others, 1999, 28 CLC (AD)
.... Court, thereby dismissing the suit. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 28. ......tion. After taking delivery of possession the plaintiff by amicable partition with proforma defendant No.2 got the suit land and have been in exclusive possession of the same. Defendant No.1 has no interest and possession in the suit land. But defendant No.1 has recently created some dakhilas in ..Category: Property Law | Date: | Hits: 52
Asiman Begum Vs. State, represented by the Deputy Commissioner, 1999, 28 CLC (AD)
....anded to the High Court Division for disposal at an early date in the light of the observations made above. Ed. This Case is also Reported in: 51 DLR (AD) (1999)18. ......inued to suffer imprisonment, it is a fit and proper case in which the High Court Division should consider the case on merit also and then pass whatever order or orders it thinks appropriate in the interest of justice. In the result, the appeal is allowed. The case is remanded to the High..Category: Criminal Law | Date: | Hits: 83
Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)
....ds and is, accordingly, allowed. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 1. ......r the person is being detained without lawful authority or in an unlawful manner. The authority can never justify an order of preventive detention by merely saying that the action was taken in the interest of public safety and public order. It has to satisfy the High Court Division which is an o..Category: Constitutional Law | Date: | Hits: 191
Jamir Ali (Md) and others Vs. Secretary, Ministry of Land & others, 2000, 29 CLC (AD)
.... 1953 Act as amended by sections 22 and 23 of the 1987 Act. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 176; 6 MLR (AD) 2001, 41. ......own Improvement (Amendment) Act, 1953 empowers RAJUK to dispose the acquired land by a sale, lease, exchange or otherwise and sub-section (2) of section 79 provides that acquisition of any land or interest in land for any scheme shall be deemed to be acquisitioned for public purpose within the m..Category: Property Law | Date: | Hits: 94
Yaqub Mohammad and another Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....been issued without any lawful authority. We see no ground for grant of leave and dismiss the petitions accordingly. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 159; 5 MLR (AD) 137. ......the Bangladesh Bank gave no objection to the proposal subject to 10% down payment of the overdue loan. In that letter, it was also stated that the borrower company would have to pay the usual rate of interest on the rescheduled amount. On 30 September 1998 the Bangladesh Bank through its Joint Direc..Category: Banking Law | Date: | Hits: 191
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
....of any excess duty under section 33 of the Act within six months of such payment his writ petition is not maintainable. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 149. ...... 11. Section 19 reads as follows 19 General power to exempt from customs duties—(1) If the Government is satisfied, after consultation with the Board, that it is necessary in the public interest to do so. It may, subject to such conditions, limitations or restrictions, if any, as in G..Category: Fiscal/Taxation Law | Date: | Hits: 94
Syed Jahangir Hossain Vs. Md. Moyenuddin and others, 2000, 29 CLC (AD)
....de above we find no merit in this appeal. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 140. ......llowed to the plaintiff to improve his result having expired on 22-6-1997 and he having not improved his result of Masters Degree he should not be thrust - upon the College to the detriment of the interest of the students to maintain better quality of education. In this connection respondent No...Category: Others | Date: | Hits: 84
Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
....y dismissed without costs. Order of the Court By a majority decision the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ......or redemption of mortgage. 2. The plaint case is that, the plaintiff by a registered deed of mortgage dated 26-3-62 transferred the suit land to one Abdul Gafur Mridha, predecessor-in-interest of the defendants for a consideration of Taka 1500.00 with a stipulation” that the m..Category: Property Law | Date: | Hits: 64
Abdus Sattar and others Vs. IFIC Bank Ltd., 2000, 29 CLC (AD)
....ns raised for the aforesaid reasons are of no substance. The petition is dismissed with any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 122. ......e order passed in FAT No. 83 of 1999 summarily rejecting the Memorandum of Appeal. 2. The plaintiff-respondent bank filed Title Suit No. 32 of 1994 for realisation of Taka 16,74,548.01 with interest @ 20% per annum from the petitioners. The suit was decreed by the trial Court leading to ..Category: Business or Commercial Law | Date: | Hits: 115
Islami Bank Bangladesh Limited Vs. Al-Haj Md Shafiuddin Howlader& another, 2000, 29 CLC (AD)
....pugned judgment of the High Court Division is set aside and the judgment and order of the Artha Rin Adalat is restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 76. ...... parte decree the defendant who is a loanee will have to deposit half the decretal amount or furnish bank guarantee therefor. 6. To my mind since the enactment is intended to safeguard the interest of a financial institution the legislature purposely committed to attach any condition pr..Category: Business or Commercial Law | Date: | Hits: 104
Jihad Ahmed and others Vs. Bangladesh Power Development Board and others, 2000, 29 CLC (AD)
.... accepted. 8. Consequently, both the points of Sheikh Razzaque Ali failed. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 75. ...... Judgment March 5, 2000. The Bangladesh Power Development Board (Employees) Service Rules, 1982, Rule 14 The Constitution of Bangladesh, 1972 Articles 27 & 29 For public interest and for effective maintenance of service discipline transfer order can be passed as provid..Category: Employment/Service Law | Date: | Hits: 90
Abdur Rahim Chowdhury Vs. Bangladesh Bank and others, 2000, 29 CLC (AD)
....gment and order requires no interference by this Court. The appeal is dismissed with cost to the respondents. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 71. ...... Act, 1991. The Bank by its affidavit-in-opposition has taken the position that it formed the opinion that the continuation of the petitioner as Managing Director would be detrimental in the public interest, the banking company and the depositors. In view of the recommendation by the standing co..Category: Business or Commercial Law | Date: | Hits: 116
Bangladesh Vs. East West Property Development Private Ltd. & others, 2000, 29 CLC (AD)
.....75 acres of land. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 43. ......ts and in 1939 the suit was disposed of by a compromise decree in between the parties. Thereafter, the properties of Bhawal Raj Estate were sold to different persons including the predecessors- in-interest of the writ-petitioner-respondent. The SA record was finally published in the names of the..Category: Constitutional Law | Date: | Hits: 164