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Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....is contention and found that the limitation would start from 20.11.84, when the appellants (BADC) by their letter Annexure‑S informed the respondents that their claim was not entertained as a whole and advised the respondents to receive a reduced amount of the bill subject to “protest......eir dues for some Non‑Tender items of work, which they had admittedly done by verbal instructions of the BADC' s Chairman. The claim under these four Bills was Taka 24,51,570.00 and upon this amount they claimed interest at the rate of 18% from 1 July 1984. Their total claim including inte......0. By his award, the Arbitrator reduced the respondent's claim of Taka 24,51,570.00 to Taka 20,40,712.00 and thereon he allowed interest at the rate of 16%, from 1 July 1984 till realisation of the money. 3. The first party to the Arbitration Proceeding, namely these respondents (contracto..Category: Business or Commercial Law | Date: | Hits: 98
Khondaker Mahtabuddin Ahmed, MD Vs. Matin Tea and Trading Company , 1994, 23 CLC (AD)
....t the court at Moulvibazar was competent to entertain the suit. The petition has thus no merit and is accordingly dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 92 ......t the court at Moulvibazar was competent to entertain the suit. The petition has thus no merit and is accordingly dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 92 ......r. VII r. 10 Cause of action for the suit arose from the stoppage of supply of tea to the plaintiff from the tea estate within the jurisdiction of Moulvibazar and subsequent refusal to adjust the money due to the plaintiff. No manner of doubt, therefore, that the Court at Moulvibazar has the jur..Category: Procedural Law | Date: | Hits: 91
Sonali Bank Vs. Ruhul Amin Khan, 1993, 22 CLC (AD)
....ters of credit in the name of fictitious persons causing huge loss to the Bank, that he prepared false credit reports for the benefit of so-called importers in utter disregard of his duties, that the whole transaction was collusively made for misappropriating Bank's money and that there was no viola......9, alleging, inter alia, that the Bank Authority upon suspending him from service, charge sheeted him on 16.7.86 on the allegation that he had abetted in defrauding and causing loss to the Bank of an amount of Taka 58,00,698.30 by collectively opening some letters of credit in favour of two fictitio......to the Bank, that he prepared false credit reports for the benefit of so-called importers in utter disregard of his duties, that the whole transaction was collusively made for misappropriating Bank's money and that there was no violation of any law/rule or procedure in awarding the punishment of dis..Category: Administrative Law | Date: | Hits: 143
Mafizuddin and others Vs. Alauddin and another, 1994, 23 CLC (HCD)
....er made by the Sessions Judge under section 439A of the Code. The application is, accordingly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ......e jurisdiction of the High Court Division to revise or review an order passed by the Sessions Judge under section 439 had been absolutely taken away expressly by section 439(4) and as such it would amount to misinterpretation of a statute to interfere with the order of the Sessions Judge passed ......er made by the Sessions Judge under section 439A of the Code. The application is, accordingly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ..Category: Criminal Law | Date: | Hits: 76
Bangladesh Vs. Subash Chandra Das & ors, 1993, 22 CLC (AD)
....f abatement will follow only when the Government fails to "pay" or "deposit" compensation in terms of section 10. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 63. ......ere be no person competent to receive the compensation or, if there be any dispute as to title to receive the compensation or as to the appointment of it, the Deputy Commissioner shall keep the amount of the compensation in a deposit account in the Public Account of the Republic which shall ......ion not to proceed with acquisition was malafide. It, however, accepted the respondents' new submission, made at the time of the hearing, that the requiring body having not deposited the compensation money within 6 months from the date of decision of the Government to acquire the property all procee..Category: Property Law | Date: | Hits: 64
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. ...... the defendant at the rate of Taka 2.30 lacs each and that the price of the cars would be paid within a period of 190 days from the date of delivery. The defendant paid to the plaintiff in advance an amount of Taka 10 latch as a part of the purchase money. In due course the plaintiff imported the ca......and that the price of the cars would be paid within a period of 190 days from the date of delivery. The defendant paid to the plaintiff in advance an amount of Taka 10 latch as a part of the purchase money. In due course the plaintiff imported the cars and the defendant took delivery thereof on thre..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 ......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 ......ich the rent is payable; or unless the tenant has deposited such rent and any subsequent rent in respect of such premises as provided in section 19 together with the cost of transmission by postal money order to the landlord in the cases mentioned in clause (b) of sub-section (1) of that section..Category: Property Law | Date: | Hits: 79
Bangladesh Shilpa Rin Sangstha Vs. Haque Brothers (Carbide) Ltd., 1994, 23 CLC (AD)
....find that our judgment does not need a review. The review petitions are accordingly dismissed. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 39 ......laneous Case No. 140 of 1977 for sale of the schedule properties for realisation of the petitioner's dues, fallen due owing to default in payment of two foreign exchange loans from erstwhile PICIC, amounting to Taka 29,72, 910.29 equivalent to US $ 1,90,609.05 only as on 1.7.77 with interest at t......find that our judgment does not need a review. The review petitions are accordingly dismissed. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 39 ..Category: Banking Law | Date: | Hits: 125
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. ......most of the cases. Mr. TH Khan, learned Counsel for the appellant in Civil Appeal No. 63 of 1992, has observed that fixation of seniority of the writ petitioners in 1977 under the Rules of 1983 would amount to putting the cart before the horse; in other words, according to him, Rule 3 is not applica......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. ..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. ......t and without notice to him purports to deprive him of a valuable right, for, it put in peril the finality of the decision in his favour and if he is precluded from questioning its propriety it would amount to a denial of justice. "It must, therefore, in common fairness be regarded", their Lordships......eal, it was observed in the former case that "while this procedure may have the sanction of usage, it is manifestly open to grave objection. It may, as in this case, lead to a needless expenditure of money and an unprofitable waste of time, and thus create elements of considerable embarrassment when..Category: Procedural Law | Date: | Hits: 121
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ......ve participation of the owners of the building in question; that pursuant to the conditions put forward by the respondent No. 1 the members of the respondent No. 5 Samity already deposited a total amount of Taka 1,25,00,000 in two installments starting from 1987 and for the last 13 years the sai......lant has filed the writ petition wrongly showing the present writ petition as pro bono publico case exposing the cause of the downtrodden and deprived section of the community unable to spend money to establish their fundamental rights but in the instant case the appellant and the in..Category: Environmental Law | Date: | Hits: 293
Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
....is lack of evidence to show that he possessed the land denying title of Karuna Moyee Dasi or her sons to their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ......is lack of evidence to show that he possessed the land denying title of Karuna Moyee Dasi or her sons to their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ......vered possession, that there was stipulation in the agreement that the kabala would be executed and registered after six months from date of agreement after payment of balance of the consideration money Taka 600. It was the case of the plaintiff that after executing bainapatra and receiving the ..Category: Property Law | Date: | Hits: 59
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. ......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. ...... also refused to purchase the suit land when it was offered to them and thus waived their right of pre-emption. Moreover, the pre-emptee petitioners have developed the case land by spending lot of money and now that it has become a valuable, land the preemptor respondents are trying to grab the ..Category: Property Law | Date: | Hits: 68
Kader Textiles (Pvt) Ltd. and another Vs. Md. Lehajuddin Miah, and others, 2006, 35 CLC (AD)
....ection 233 of the Company law and thus in passing the impugned judgment and order. Therefore, we do not find merits in this leave petition. Accordingly, this leave petition is dismissed. Ed. ......count of the company and a salish was held on 18th August 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 w......to be paid to the respondent No.1 and the respondent No. 2 respectively but the same was not paid to the respondents. The respondent No.2 asked the petitioner to pay 75% of their money subscribed by him but it was not paid on the allegation that the company was running at a los..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. ...... 147 (3) of the Constitution with its proviso, the holding of the post of Executive Director by the appellant after he became a Minister was violative of the Constitutional Provision as that would amount to merely making an academic exercise. All the appeals are allowed………&h......the Director General and the Secretary of the said Association to show cause why the orders passed by them requiring him to pay the arrear gas bills in connection with the canteen and the donation money due from him to the Association should not be declared to have been passed without lawful au..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. ......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. ......ismiss it under Order XVII, rule 3 or under the Courts inherent power………………………..(7) A suit for declaration as to entitlement of money is maintainable, with a consequential relief for a decree by way of realization thereof&helli..Category: Civil Law | Date: | Hits: 91
Bangladesh Bank Vs. Rana Awan and others, 2006, 35 CLC (AD)
....on of the estimates themselves into distinct votes to be separately appropriated. By these means the principle of appropriation has been made more precise and effective and extended to include the whole range of expenditure of the executive government", as quoted in the judgment of the High......pellant, Bangladesh Bank, was not made a party. Then on the prayer of the respondent No. 1 in Money Execution Case No. 5 of 1979, the executing Court by order dated 26-9-1990 attached the decreetal amount for satisfaction of the above ex parte decree. The above decretal amount having remained un......idate Fund" as provided in clause (b) of Article 90(1) of the Constitution makes it mandatory to introduce in Parliament a Bill to provide for appropriation out of the Consolidated Fund of the money required to meet the expenditure charged on the Consolidated Fund. Clause (3) of Article 90 ..Category: Civil Law | Date: | Hits: 104
Harendra Nath Mahali Vs. Ramesh Chandra Haider and others, 2006, 35 CLC (AD)
.... reconveyance at all stages. 18. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of. Ed. ...... reconveyance at all stages. 18. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of. Ed. ......by the opposite party No. 1 (pre-emptee) and the opposite party No.2 (seller) by filing joint written statement stating; inter alia, that the opposite party No.2 being in need of money transferred the land to the opposite party No.1, the pre-emptee with the stipulation of recon..Category: Property Law | Date: | Hits: 67
Jainul Abedin Jamal Vs. Qais Huda and others, 2006, 35 CLC (AD)
....e notice dated 11-7-2001. 10. In the circumstances, we find no cogent reason to interfere with the judgment of the High Court Division. Both the leave petitions are dismissed. Ed. ......Builders and Machineries Limited the respondent became highest bidder and their tender was accepted by the Board, RAJUK thereafter. Issued a notice on 11-7-2001 to respondent No. 6 to pay the balance amount of Taka 1,51,00,200 through pay order and the respondent No. 6 accordingly paid the balance a......es and authorized RAJUK for the purpose. The RAJUK invited tenders through various newspapers and pursuant to the tender notice the respondent had participated and deposited Taka 10,00,000 as earnest money quoting different price and among the bidders Messrs Chittagong Builders and Machineries Limit..Category: Tenancy Law | Date: | Hits: 67
Shahudul Haque, IG Police and others Vs. State, 2006, 35 CLC (AD)
.... to the legal position that a Judge of the Supreme Court is a Judge, wherever he is, that he is also, under section 25 of the Code of Criminal Procedure, an ex-officio Justice of the Peace for the whole of Bangladesh, which connotes power and authority to take cognisance of any offence taking pl...... that he was facing no lesser a personality than an Hon'ble Judge of the Supreme Court, asked his Lordship, "Apner nam ki?” The above narrated act of unpalatably naughty profanation, tantamounts to devastatingly attenuating, undermining, maiming and demeaning the perennially insulated......the unqualified apology and to censure the appellants in modifying of the sentence imposed on them. The appeals are, accordingly, dismissed without any order as to costs. Ed. ..Category: Criminal Law | Date: | Hits: 64
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