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Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ...... of 1930), section 61 (2) The Contract Act, 1872 (IX of 1872), section 73 The order for payment of Taka 33 lac is covered both by the general principles governing payment of interest for the period prior to institution of the suit and by specific laws providing for compensation for non‑pa..Category: Business or Commercial Law | Date: | Hits: 128
Kalu Mondal Vs. Begum Fazilatun Nessa, 1994, 23 CLC (AD)
....d with costs. The judgments of the High Court are set aside and those of the trial Court are restored. Ed. This case is also reported in: 46 DLR (AD) (1994) 53 ......defendants at their own cost which was not adjusted by the landlord. According to the trial Court, the defendant in both the cases "should get the benefit of the abnormal circumstances of the period in question". 2. Leave was grated to consider whether in view of the finding of ..Category: Property Law | Date: | Hits: 79
Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)
.... delay. In the result, the appeal succeeds, the impugned judgment and order are set aside but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 46. ......s Manager in 1983 the respondent was appointed as a Director on contract basis in the Directorate of Relief and Rehabilitation under the same Ministry keeping lien in the Corporation, initially for a period of 3 years which was extended for a further period of 2 years with effect from 6.9.1986. The ..Category: Employment/Service Law | Date: | Hits: 126
Abdul Bari Sarker Vs. Bangladesh, 1994, 23 CLC (AD)
....d to his case. Subject to the observations made above, the Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 37 ......t many others servant on contract after his retirement". In pursuance of Section 5(3) the President had appointed the petitioner, a retired Judge of the High Court Division, on contract for a period of one year subject to the condition that the contract was liable to be terminated at ..Category: Employment/Service Law | Date: | Hits: 73
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ......his judgment. Petitioner Azizur Rahman of WP No. 4 of 1991 was appointed on ad‑hoc basis as an Assistant Engineer (Mechanical) in the Roads and High Ways Directorate, Government of Bangladesh for a period of six months on 21 May 1976 or till regularisation of his‑ appointment by the Public Servi..Category: Employment/Service Law | Date: | Hits: 97
Momtazuddin and another Vs. Yakub Ali, 1993, 22 CLC (AD)
....f limitation will remain open for decision at the hearing of the appeal and the respondent is free to take all legitimate objections. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 13. ......nt cause for not preferring the appeal within time. He submitted that the learned District Judge illegally lost sight of the fact that‑ a right had accrued to the respondent after the expiry of the period of limitation and the appeal could not be admitted to His prejudice without hearing him and w..Category: Procedural Law | Date: | Hits: 121
Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)
....unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ......e of the impugned order of termination but it was filed about one year thereafter. This question was raised before the Tribunal, which, however, rejected the Bank's objection on the ground that the period spent by the petitioner‑employee in seeking remedy in a wrong forum, such as, by filin..Category: Administrative Law | Date: | Hits: 149
Selim (Md) and others Vs. Syedul Haque Chowdhury and others, 2006, 35 CLC (AD)
....nt case. 8. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ......ection 96 The Limitation Act, 1908 (IX of 1908), Section 14 With the presentation of the plaint in the proper Court the time consumed before the incompetent Court is excluded from the period of limitation under section 14 of the Limitation Act. Negligent conduct is a question of fac..Category: Property Law | Date: | Hits: 68
Serajul Islam & others Vs. Md. Abdur Razzaque Chowdhury and another, 2006, 35 CLC (AD)
....tly affirmed the decision of the lower appellate Court as the final court of fact. In such view of the matter, this petition merits no consideration Accordingly, it is dismissed. Ed. ...... It is further argued that the suit is barred by limitation as SA record was published long before 6 (six) years of the institution of the suit and plaintiffs did not come to court within the said period. This aspect having not been considered by the High Court Division there has been failure of..Category: Property Law | Date: | Hits: 43
Kader Textiles (Pvt) Ltd. and another Vs. Md. Lehajuddin Miah, and others, 2006, 35 CLC (AD)
....ld 1,875 shares. They are related to one other. The company was incorporated in 1980 according to the Articles of Association of the Company and was registered under the Companies Act, 1913. It was stipulated in the memo of Articles that the respondent No. 2 would remain the Managing Director an...... 1985 and another on 27th September 1985 over the affairs of the company and it was disclosed in the salish that there was profit amounting Taka 36,30,000 made by the company during the period of 1980-84. Accordingly, an award was also given in that salish on 27th September, 1985 for ..Category: Business or Commercial Law | Date: | Hits: 86
Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)
.... question. All the appeals are therefore, allowed. There is no order as to costs. The connected civil petition is disposed of in the light of the Judgment in the appeals. Ed. ...... on behalf of the Company. The Additional District Magistrate by the said letter informed that his office had no objection if Mr. Rahat Khan discharges the functions as editor in-charge during the period of absence of the editor Mr. Anwar Hossain. This letter dated 04-2-1997 is impugned as Anne..Category: Civil Law | Date: | Hits: 103
Akhtar Begum & others Vs. Mahmudul Haque, Advocate and others, 2006, 35 CLC (AD)
....above-established principles of law on the subject, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petition is dismissed. Ed. ......ed Additional District Judge because such a suit is misconceived and thus barred under the law. The learned Counsel further submitted that a suit for realisation of money being subject to specific period of limitation as distinct from a suit for declaration with consequential relief, the Court o..Category: Civil Law | Date: | Hits: 91
Nur Amin and others Vs. Abdul Quddus and others, 2006, 35 CLC (AD)
....lower appellate Court. 13. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with cost of Taka 5,000. Ed. ......e land or in other words, had plaintiffs' father been inducted into possession of the land on the date of payment of the part of the salami on 24-4-1970 they would have certainly paid rent for the period starting from April 24, 1970 till the date of execution of the kabuliyat on July 11, 1981 bu..Category: Property Law | Date: | Hits: 51
Agrani Bank and other Vs. Essential Garments Ltd. and others, 2006, 35 CLC (AD)
....petition. 23. In the background of our discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to cost. Ed. ......g the names of the petitioners under Borrower Code No.10061 so far it relates to the petitioners be stayed and also to allow the petitioners to continue transaction with the respondent No.4 for a period of 3(three) months". 5. The appellant being aggrieved by the aforesaid ad..Category: Banking Law | Date: | Hits: 121
Abdul Mannan Vs. Tayeb Ali and others, 2006, 35 CLC (AD)
....rit. 16. 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 cost. Ed. ......execute and register the kabala on obtaining the Income Tax Clearance Certificate, that the defendant did not collect the Income Tax Clearance Certificate and register the kabala and that specified period for getting the executed kabala registered having had lapsed, he (plaintiff) in the middle ..Category: Property Law | Date: | Hits: 66
Fatema Khatun and others Vs. Abdul Quddus, 2006, 35 CLC (AD)
.... appeal. Accordingly, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 721. ......ight of pre-emption as provided in section 96(1) of the State Acquisition and Tenancy Act would arise from the date of registration of the document under section 60 of the Registration Act and the period of limitation in a case filed by a non-notified co-sharer seeking preemption of the tra..Category: Property Law | Date: | Hits: 55
Yaor Mia (Md) and another Vs. Haji Shah Dhanai Ali and others, 2006, 35 CLC (AD)
....which were not alive when PO No. 88 of 1972 was promulgated being transaction past and closed. In view of the above, the appeal is dismissed without any order as to costs. Ed. ...... Under section 95A of the S. A. & T. Act, transfer of land by out and out sale together with agreement of re-conveyance constitute complete usufructuary mortgage for a maximum period of 7 years and in that case possession shall lie with the mortgagee. In such a case provisio..Category: Property Law | Date: | Hits: 71
Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)
....aka 3,000 in favour of the plaintiff-respondent No. 1 within two months from the date of receipt of this order by the trial Court, in default, this appeal shall stand dismissed. Ed. ...... Md. Sirajuddin Ahmed and others......................Respondents Judgment June 20, 2005. The Code of Civil Procedure, 1908 (V of 1908), Section 80. Mandatory period of three months required by section 80 CPC having not been allowed to the Appellant/added De..Category: Property Law | Date: | Hits: 66
AHS Rahman Vs. State, 2006, 35 CLC (AD)
....onal tender for installation of 3,00,000 digital telephone lines for Dhaka City on built, own and operate basis (BOO) was invited on 22-11-1998. Accordingly, three companies submitted bids within the stipulated time. The three companies are 1) World Tel Holding Ltd. Bermuda, (2) China Telecom Consor......o that effect the charge-sheet has been submitted, we find no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 89
Bangladesh Agricultural Development Corporation (BADC) Vs. AKM Abdus Salam & ors, 2006, 35 CLC (AD)
....se. We are fully in agreement with the above finding of the High Court Division. In such view of the matter, this petition merits no consideration. Accordingly, it is dismissed. Ed. ...... 19 and the position of the respondent No. 9 was 20 and that of the respondent No. 10 was 22 (Annexure-C to the writ-petition). But while the petitioner has been serving as Executive Engineer for a period of about 20 years, by an office order dated 9-1-2001 (Annexure-D to the writ-petition) issu..Category: Employment/Service Law | Date: | Hits: 66
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