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Agrani Bank. Vs. Ansarul Hoque and ors, 2006, 35 CLC (AD)
.... Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs and the judgment and order passed by the High Court Division is set aside. Ed. ......552/2344 Since validity of the Guarantees issued against the above said FDR have now expired you are requested to cancel the FDR above said and credit my Account No. 205 with the FDR above amounts together with the interest accrued thereon up to date. Thanking you, Yours......3,45,000 under deposit receipt FDR No. 000552-2344 dated 27-8-87 issued by the respondent No.2 Bank. That the petitioner presented order directing the respondent No. 1 to pay the certain sum of money under the Deposit Receipt above said, which the respondent Banker dishonoured by non-payment..Category: Banking Law | Date: | Hits: 101
Agrani Bank and other Vs. Essential Garments Ltd. and others, 2006, 35 CLC (AD)
....rit of mandamus. 8. The sum total of the contention of the learned Counsel of the appellants is that the High Court Division while granting the ad interim relief has virtually granting the whole relief sought in the writ petition. 9. The writ petitioners have challenged inclusion......e appellant, submitted that the High Court Division being not competent to grant the relief sought then the said Division exceeded its jurisdiction in granting the ad interim relief which in effect amounted to granting full relief as regard which the writ petitioners have no right to claim in th......export of readymade garments and enjoying loan, overdraft and banking facilities from the appellant Bank, that they have filed Title Suit No. 10 of 1998 seeking declaration that they do not owe any money on any account to the Bank i.e. the appellant, Agrani Bank, and, as such, they are not defau..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. ......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. ......attached to the plaint on 15th Kartik, 1372 BS corresponding to November 1, 1965 for a consideration of Taka 500, that the defendant on that date executed a kabala upon receiving the consideration money and while the same was presented for registration the authority did not register the document..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. ...... case was liable to be dismissed under sub-section 10(c) of section 96 of the State Acquisition and Tenancy Act, 1950 (State Acquisition and Tenancy Act) considering the low amount of price in the sale deed as a deed of Hebabil-ewaz for non-pecuniary consideration in favou......case was filed on January 2, 1989. 4. In the background of the aforesaid facts it was contended by the pre-emptee Fatema Khatun, that the transfer in question was made in lieu of the dower money Taka 37,000 and that the transfer being discharge of the dower debt the same was valued at Ta..Category: Property Law | Date: | Hits: 55
Bangladesh Telecommunication Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
....w on the supposed theory of "In interpreting the provision of a statute as cohesive and workable meaning has to be given and in order to do that the provisions of the statute have to be read as a whole" and thereupon misinterpreted the provision of section 3(2) of the Act, 2001 as to its app......aking it a mandatory consideration. 13. Dr. Hossain, the learned Counsel, submitted that the writ petitioner brought the money from the foreign sector and is a foreign investor and invested a huge amount of money pursuant to the promise and encouragement of the Government. Commission's failure to......istent with the broad objectives of the Commission specified in section 29 making it a mandatory consideration. 13. Dr. Hossain, the learned Counsel, submitted that the writ petitioner brought the money from the foreign sector and is a foreign investor and invested a huge amount of money pursuant..Category: Information Technology Law | Date: | Hits: 266
AHS Rahman Vs. State, 2006, 35 CLC (AD)
....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. ......ere the facts are so preposterous that even on the admitted facts no case can stand against the accused. (b) Where institution or continuance of criminal proceedings against an accused person may amount to an abuse of the process of the Court or when the quashing of the impugned proceedings woul......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
Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
.... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ......he trawlers were seized along with vessel which also go to show that the vessel was at the place of arrest shown in the map prepared by the BNS Tamjeed. 9. Admittedly, the ship carried huge amount of contravened goods of various types having no bearing to its manifest inasmuch as the good...... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 96
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
.... which is conflicting and is not reconcilable with other statements either of his own or any other witness. The question in such case is, that it is open to a Court of fact either to reject the whole evidence of a witness as untrustworthy or to reject the contradictory part as unreliable or ......he incident the victim informed the informant, the inmates of informant's house and others close to her that the condemned prisoner demanded Taka 20,000 and that in case of non-payment of the said amount the consequence would be serious. 4. It may be mentioned in connection with the deat......it was the case of the prosecution that the condemned prisoner and the members of his family since marriage of the informant's sister with the condemned prisoner used to insist the victim to bring money from the house of her father and also used to torture her for non compliance of the demand of..Category: Criminal Law | Date: | Hits: 59
Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
....r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ......r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ...... house and lived there. The said Abdul Hafiz entered into an agreement on 20-12-71 with the appellant to sell the same to the appellant on receipt of Taka 13,500 as advance out of total consideration money of Taka 15,000 and delivered possession of the same to the appellant on the same day as part p..Category: Property Law | Date: | Hits: 108
Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)
....ble. In the circumstances, we do not think it proper to interfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. ...... these three Sale-deeds, an area of 16.57 acres of land belonging to and in possession of the complainant and his three co-sharers, all residing in the same homestead, had been sold at a small amount of Tk. 40.000.00 whereas, the market value of this land was over ten lac taka. Complainant a......ble. In the circumstances, we do not think it proper to interfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. ..Category: Criminal Law | Date: | Hits: 68
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....r example, the Police force of a local body work in co‑operation with and under the supervision of the Chief Constable of Police of the Home Ministry. It is in matters which affect the country as a whole that the Central Government comes forward to exercise power. One important feature of these lo......may without designating an area as an administrative unit for the purpose of Article 59 in exercise of its plenary legislative power (Article 65) establish local Government is mischievous as it would amount to defying the mandate of Articles 59 and 60 which cannot be permitted. The argument, therefo......onsibility thrust upon him overnight. Again, as the local government at Thana was inextricably mixed up with the central government affairs, run entirely by the Government's officers with governments money, it is in fact a hybrid of the two government entities. Anyway had this system of local govern..Category: Constitutional Law | Date: | Hits: 655
Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)
....s which were lying with respondent No. 1 against the outstanding liabilities of the judgment‑debtor No. 2 were sold and the share certificates were delivered to the purchasers. Ed. ...... registered in the name of Khondkar Mahtabuddin Ahmed, judgment-debtor No. 2 in the aforesaid Admiralty Suit. 2. Facts of the case, briefly, are that the appellant obtained a decree for an amount of US $ 1, 27,089.70 against respondents Nos. 2‑8 in the aforesaid Admiralty Suit. Aft......person of any shares in the company: Provided that nothing in this section shall be taken to prohibit, where the lending of is part of the ordinary business of a company, the lending of money by the company in the ordinary course of its business. 12. From a reading of the..Category: Business or Commercial Law | Date: | Hits: 124
Abu Bakar Siddique (Md) Vs. Kafiluddin and others, 1992, 21 CLC (AD)
....as not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ......as not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ......as not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ..Category: Criminal Law | Date: | Hits: 61
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
....r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ...... is more incumbent upon courts of justice than to preserve their proceedings from being is misrepresented. In Ilkley Local Board vs. Oswald Lister (1895) 11 TIR 1976 Chitty J held that a circular amounted to contempt 'on several grounds, and amongst them because it contained misrepresentations ......r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ..Category: Criminal Law | Date: | Hits: 141
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
....use the contract did not mention any specific quantity of earth to be cut on account of item No. 1 of the work schedule. The quantity of earth to be cut was not an ascertained or definite figure. The whole work of earth cutting on account of item No. 1 was to be cone for a lumpsum amount of Tk. 34 l......anspires that about 32 lakh cu ft. earth would have to be cut. In view of the reduced quantity of earthwork the appellant at the request of the said Committee agreed to execute the work at a lump sum amount of Tk. 34 lakh for cutting 32 lakh cubic feet of earth and for Tk. 51,54,800.00 for other wor...... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ..Category: Alternative Dispute Resolution | Date: | Hits: 202
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ......on. The Deputy Director (Estates) DIT by a letter dated 29.12.85 agreed to consider the prayer for permission provided a sum of Tk. 9,819.00 was deposited as transfer fee within 2 months. The said amount was deposited in the designated Bank on 29.12.85 as transfer fee and thereafter the Deputy D......d upto 25.8.86 upon the prayer of respondent No. 4. Within the extended time respondent No. 4 executed and registered a sale deed on 28.6.86 containing therein references to both the consideration money of Tk. 9,00,000.00 and the transferee's agreement and undertaking to abide by all the terms a..Category: Property Law | Date: | Hits: 110
Sheikh Ibrahim & others Vs. Nazma Begum, 1992, 21 CLC (AD)
....the High Court Division on such an important matter relating to Mohammadan Law. We do not find any reason for expressing any doubt about the matter. The petition is dismissed. Ed. ......the High Court Division on such an important matter relating to Mohammadan Law. We do not find any reason for expressing any doubt about the matter. The petition is dismissed. Ed. ......oners. Respondent, Nazma Begum appeared and claiming to be one of the heirs of her grandfather filed an application to be a party to the Succession Certificate Case, she claimed 1-1/13 share in the money under the Succession Certificate Case saying that had her mother been alive at the time of he..Category: Others | Date: | Hits: 93
Sonali Bank and others Vs. Gazi Abdur Rashid and others, 1992, 21 CLC (AD)
....not allowed but we allow interest on the decretal sum of Tk. 15,39,300.00 @ 7.1/2% per annum from the date of the institution of the suit upto the date of decree of this Court. Ed. ...... to the plaintiffs account in the Bank. The plaintiff, therefore, claimed in the suit Tk. 12,24,800'00 being the balance of sale proceeds of 2,308 metric tons of salt @ Tk. 100.00 per bag less the amount credited to the plaintiff’s account @ Tk. 90.00 per bag. 5. It is the furt......m your Khulna Branch against our prior payment on prorate basis." 4. The plaintiff sent his afore‑mentioned authorised representative Saleh Ahmed, defendant No. 7, with money to Khulna to deposit Tk. 7,00,000.00 for clearing goods, to maintain liaison between defendan..Category: Business or Commercial Law | Date: | Hits: 99
Subash Chandra Halder & another Vs. Abdul Bari & others, 1992, 21 CLC (AD)
....hus cannot be sustained. The order is, accordingly, set aside. The appeal is allowed without any order as to Cost. Ed. This Case is also Reported in: (1992) 12 BLD (AD) 174; 44 DLR (AD) 253. ......hus cannot be sustained. The order is, accordingly, set aside. The appeal is allowed without any order as to Cost. Ed. This Case is also Reported in: (1992) 12 BLD (AD) 174; 44 DLR (AD) 253. ......on case. It was, inter alia, stated that the respondent and his brother have been possessing part of the suit land for a long time on the basis of lease from the Government on payment of annual lease money, that inspite of concurrent decision against the plaintiff the new transferees of the suit lan..Category: Property Law | Date: | Hits: 67
Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)
....is outside of the net. For the above reasons we find no ment in the appeal. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 247. ......ithin a year after obtaining permission and on receipt of the balance of the consideration money and that possession of the property would be made over thereafter. The appellants tendered the balance amount of the consideration money but Rajeshwar neither accepted the same nor executed the kabala in......reement Ext.1 on 7.9.56 and it was registered on 9.9.56. It was agreed that the sale deed would be executed within a year after obtaining permission and on receipt of the balance of the consideration money and that possession of the property would be made over thereafter. The appellants tendered the..Category: Property Law | Date: | Hits: 82
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