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Giasuddin Bhuiyan (Md) Vs. Chairman, Bangladesh Power Development Board & others, 1993, 22 CLC (AD)
.... bills due from him. There is thus no substance in this appeal which is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 29 ......alled in April'85 and started the mill before entering into agreement with and obtaining necessary permission from the PDB on completion of valid papers. The PDB submitted a bill on 15.1.86 for an amount of Tk. 25,077.67 showing the date of electric connection from 5.5.1985. Admittedly, the appe...... bills due from him. There is thus no substance in this appeal which is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 29 ..Category: Criminal Law | Date: | Hits: 71
Islam Ali Mia alias Md. Islam Vs. Amal Chandra Mondal and another, 1993, 22 CLC (AD)
....e claimed by the complainant was an agreed one. The accused did not accept the figure as correct and after sometimes he refused to pay it. It is stated in the, complaint that the accused denied the whole transaction. This allegation is palpably incorrect for, according to his own statement, the ......Division is set aside, the application under section 561A Cr.P.C. is allowed and the proceeding in question is quashed. Ed. This case is also reported in: 45 DLR (AD) (1993) 27 ...... an unreported case (Criminal Petition No. 26 of 1991) wherein the Court refused to quash, a criminal proceeding under section 420 of the P.W. Code. In that case the accused received a huge sum of money from the complainant promising to secure for him a job in Abu Dhabi; neither did he procure a..Category: Criminal Law | Date: | Hits: 43
Begum Hamida w/o Abdul Hamid Vs. Abdul Hamid, 1974, 3 CLC (AD)
....e following terms- "Since there is a conflict of opinion between the High Courts of East Pakistan and West Pakistan on the interpretation of the words 'Rs 400 in the whole" occurring in sub-section (1) of section 488 of the Criminal Procedure Code. We "g......being Criminal Revision No. 813 of 1968. 5 The High Court took the view that the order of the Magistrate was vitiated by reason of the following defects:— (1) that the total amount of maintenance awarded was in excess of the total of Rs.400/- allowable by section 488 of t...... the allegation that he had neglected and refused to maintain Begum Hamida and the four children. He contended that he had constructed a three storied building on his own land and with his own money in the name of Begum Hamida and that she had an income of Rs. 1300/- per month as rent from ..Category: Family Law | Date: | Hits: 146
Hafez Maulana Md. Noor-uddin Vs. State, 1974, 3 CLC (AD)
....ppointed; and be Collaborators Order was also a valid piece of legislation. We are unable accordingly to find any merit in these petitions. Both the petitions dismissed. Ed. ...... the petitioners namely, that they are alleged to be collaborators within the meaning of article 2 (b) (v), of the Collaborators Order, provided, of course, if filing of the nomination papers amounted to participation in the purported bye-election. 11. Mr Naziruddin Ahmed contended t......ppointed; and be Collaborators Order was also a valid piece of legislation. We are unable accordingly to find any merit in these petitions. Both the petitions dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 63
Halcyon Steamship Co., Inc., USA Vs. Govt. of Bangladesh, 1974, 3 CLC (AD)
....er examine the question of the validity of the preliminary objection. For the reasons given earlier we find no merit in this appeal, which is dismissed with costs. Ed. ...... defendant preferred an appeal to the erstwhile High Court of East Pakistan. The High Court took the view that the second defendant's petition was in effect one for an adjournment, which amounted to taking a step in the proceedings within the meaning of the section and as such the......er examine the question of the validity of the preliminary objection. For the reasons given earlier we find no merit in this appeal, which is dismissed with costs. Ed. ..Category: Civil Law | Date: | Hits: 110
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....erned by any law of limitation. This is an extraordinary remedy and should be sought with all possible expedition. The Court should not allow its docket to be choked with stale matters, otherwise the whole process of adjudication will adversely be affected. The Court is to balance the interests of t......ferring to the maxim salus populi est suprema lex (public welfare is the highest law) he has submitted that if the inclusion of the respondents name is declared as illegal it will, in his words, "tantamount to rehabilitation of the respondent in political community of this country and this will be a...... decision may have or may be viewed to have momentous consequences. One may say that the twelve‑to‑two decision in the Hampden's case (1637) in favour of the King's prerogative right to issue shipmoney led to the struggle between the King and his Parliament or that the decision in Godden Vs. Hal..Category: Immigration and Citizenship Law | Date: | Hits: 522
Zahirul Islam Vs. National Bank Limited and others, 1993, 22 CLC (AD)
....al if the petitioner's remedy by way of appeal is not already barred. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in:46 DLR (AD) (1994) 191 ...... Adalat No. 3, Dhaka. Section 7 of the Artha Rin Adalat Act, 1990 provides for appeal to the High Court Division within 30 days from the date of the decree on depositing at least half of the decretal amount, the appeal being non-entertainable without making such deposit. The petitioner, without fili......al if the petitioner's remedy by way of appeal is not already barred. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in:46 DLR (AD) (1994) 191 ..Category: Civil Law | Date: | Hits: 139
Rupali Bank Ltd. Vs. Tobacco Industries Ltd. and others , 1994, 23 CLC (AD)
....petitioner bank, which should better take action against its own wrong doers, if any. The Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 190 ......petitioner bank, which should better take action against its own wrong doers, if any. The Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 190 ......petitioner bank, which should better take action against its own wrong doers, if any. The Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 190 ..Category: Banking Law | Date: | Hits: 106
Eastern Insurance Co. Ltd. Vs. D B Deniz Nakliyati TAB and others , 1994, 23 CLC (AD)
....laim in an appropriate Court as already indicated by the Admiralty Court. All the four petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 185 ......laim in an appropriate Court as already indicated by the Admiralty Court. All the four petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 185 ......oods for which he had stood surety, but which were damaged by the master or crew of the vessel. After the said goods were brought into Bangladesh, the petitioner filed the suits for recovery of the money he paid as an Insurer. An application was filed before the Admiralty Court by defendant Nos. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 218
Arifur Rahman alias Bablu Vs. Shantosh Kumar Sadhu and another, 1994, 23 CLC (AD)
.... against the accused. The High Court Division correctly refused to quash the proceeding. The appeal is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 180 ...... against the accused. The High Court Division correctly refused to quash the proceeding. The appeal is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 180 ...... the goods, but the accused did not pay the balance within three days. Thereafter, on several dates the complainant, along with witnesses, went to the house of the accused and demanded the balance money, but without any success. On October 14, 1992, when the complainant again went to the house o..Category: Criminal Law | Date: | Hits: 70
Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others, 1994, 23 CLC (AD)
....ever, does not contain any express provision barring a defendant from claiming a set-off or counter-claim in a written statement……………………………(12) If the Adalat Act is read as a whole, it will be found that it contains four different kinds of subject matters, namely, (i) the ju......ree of an Artha Rin Adalat cannot be questioned before any Court or any other authority. An application by a defendant under Order IX rule 13 CPC will not be entertainable unless half of the decretal amount is deposited along with the application. Section 7 provides that an aggrieved person may appe......d to claim of set-off in the written statement against the plaintiffs demand under Order VIII Rule 6 of the Code of Civil Procedure which is as follows: "6.(1) Where in a suit for the recovery of money the defendant claims to set‑off against the plaintiff's demand any ascertained sum of money ..Category: Banking Law | Date: | Hits: 168
Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)
....f this Indian Act for the purpose of deciding the issue at hand: 1. Short title, extent and commencement.- (1) This Act may be called the Dowry Prohibition Act, 1961. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall come into force on such date......nies if the demand was not made. After persuasion the marriage ceremonies were held but on the very next month of marriage the father of the bridegroom continued to persist in his demand for the said amount. 19. The bridegroom and his father were proceeded against under section 4 of the Indian Ac...... The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ..Category: Criminal Law | Date: | Hits: 69
Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)
....actually done by correcting the decree that is, by reducing the amount to Taka 33.66 lac (and some odd). But die appeal is riot directed against this order of correction; it is directed against the whole decree challenging its very foundation on the ground that it is a nullity because it has been...... issued a Notification on 26 July 1983, which was published in the Gazette on 11 August 1983, under section 5(7) of the Act finally acquiring the land. The land owners not being satisfied with the amount of compensation as assessed by the Collector prayed for arbitration; accordingly, the matter......s not traceable when the matter was dealt with by the Arbitrator and then by the High Court Division. Be that as it may, when compensation was assessed whether provisionally or not, the bulk of the money of compensation was received in the years following 1968. It can be presumed that notice was..Category: Procedural Law | Date: | Hits: 104
Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)
....ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ......ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ......Rajdhani Unnayan Kartripakha is a public institution run with public funds and it owes an explanation to the public as to why it should allow a contentious litigation of this kind involving public money and public interest to go by default. In the interest of an accountable public administration..Category: Procedural Law | Date: | Hits: 102
Sudhangshu Kumar Chowdhury and another Vs. Ali Hossain (Md) & ors., 1994, 23 CLC (AD)
....d so the learned Single Judge was justified in decreeing die suit. The appeal is therefore dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 151 ......he rent of the suit premises still remained at Taka 25.00 and was of the view that had not the defendants any regard to the altered situation, then it was no, understood as to why they deposited an amount which turned out to be the exact total rent of 14 (fourteen) months at the rate of Taka 17.5......d so the learned Single Judge was justified in decreeing die suit. The appeal is therefore dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 151 ..Category: Civil Law | Date: | Hits: 134
Suchitra Kumar Das Vs. Sree Indu Bhushan Sarker, 1994, 23 CLC (AD)
....ondent’s case based on an oral contract of monthly tenancy. The appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 144 ......ondent’s case based on an oral contract of monthly tenancy. The appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 144 ...... 4. In interpreting whether the word 'contract" as occurs in sub‑section 1 of Section B Part I of the schedule which confers jurisdiction in respect of "suit for the recovery of money due on contract, receipts or order documents" on the Union Council if the impugned clai..Category: Property Law | Date: | Hits: 70
Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)
.... and the balance amount to be paid within 6 months from the date. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 133 ......ustified on the ground that cases of gross negligence of guardian of a minor stand on the same footing as fraud and collusion and that gross negligence in instance similar to the one I have given amounts to fraud. I cannot subscribe to this view because gross negligence and fraud are in law ......s property belonged to Nanibala, mother of the appellants who died leaving the plaintiffs as her heirs and at the time of her death the plaintiffs were minors. The plaintiff's father borrowed some money from the defendant-respondent bank and their mother stood surety and the disputed property wa..Category: Property Law | Date: | Hits: 130
Abul Kalam Azad and another Vs. Sunhar Ali and others, 1994, 23 CLC (AD)
....r relating to recalling of PW I is necessarily set aside. Accordingly, both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ......r relating to recalling of PW I is necessarily set aside. Accordingly, both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ......se, observed in his judgment that there is inordinate delay in filing this application for amendment of the written statement but he allowed this by holding that the same can be compensated by giving money and consequently awarded cost of Taka 1000.00 as compensation to the plaintiffs. It must be st..Category: Tenancy Law | Date: | Hits: 81
Abdul Aziz Vs. Abdul Majid, 1994, 23 CLC (AD)
....tion 108 of the Transfer of Property Act, 1882, or (b) where, in the absence of any contract to the contrary, the tenant has, without the consent in writing of landlord, sublet the premises in whole or in part, or (c) where the tenant has been guilty Of conduct which is a nuisance or any......he basic reason why a notice under section 106 of the Transfer of Property Act is mandatory in a case of eviction under the Ordinance. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 121. ......cises the option. If he wishes to continue as a tenant it is he who has to be ready and willing to pay rent to the full extent allowable by the Ordinance. If he sent the rent after expiry of lease by money order and the landlord refuses to accept, and if he makes a timely deposit of the same to the ..Category: Tenancy Law | Date: | Hits: 87
Zahirul Islam and Abul Kalam Azad Vs. National Bank Limited and others , 1994, 23 CLC (AD)
....er Order 41, rule 22 of the Code of Civil Procedure. The cited case has got no relevance. The petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 110 ......inst petitioner defendant No. 9. 3. Defendant No. 5, Abul Kalam Azad, filed a first appeal, FAT No. 369 of 1991 in the High Court Division, but as he did not deposit 50% of the decretal amount, as required under the Artha Rin Adalat Act, 1990, the Memo of appeal and the court fee......er Order 41, rule 22 of the Code of Civil Procedure. The cited case has got no relevance. The petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 110 ..Category: Civil Law | Date: | Hits: 122
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