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Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
....thin the jurisdiction of the court where the plaint was filed. We find no good ground to interfere with the concurrent order of the courts below. The appeal is dismissed with costs. Ed. ......y be followed. A resort to section 151 of the Code may be made in the interest of justice only in an exceptional case where the suit is foredoomed, and if it is allowed to be proceeded with it will amount to an abuse of the process of the Court. 10. Appellant contends that the High Court ......ing the offer the plaintiff opened on 12th March, 1982 a Letter of Credit with Rupali Bank, Dilkusha Branch, Dhaka. The defendant by submitting documents against the Letter of Credit received the money from the corresponding Bank, Sonali Bank, in London. On the defendant’s acceptance of t..Category: Business or Commercial Law | Date: | Hits: 124
Narayan Chandra Rajak Das Vs. Md. Amjad Ali Miah and others, 1992, 21 CLC (AD)
....appellate Court's judgment was not a proper judgment of reversal. For all the above reasons, we do not find any merit in this appeal. Hence the appeal is dismissed with costs. Ed. ......x‑tenants and present tenants of the plaintiffs depose that no receipts were ever issued to them by the landlords, obviously in view of the fact that the rate of rent in each case was a small amount. The fact that no one actually saw the appellants paying rent to the plaintiffs does not det......appellate Court's judgment was not a proper judgment of reversal. For all the above reasons, we do not find any merit in this appeal. Hence the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 67
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(b)…………………………………….
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(d) in case the interests of the lessee and the lessor in the whole of the property become vested at the same time in one person in the same right."
The pl...... prior to the above quotations".
16. The Price quoted by the appellant for 7.93 acres was Tk. 91,00,000'00, but for the reduced area of 3.28 acres the Ministry of Industries asked for the same amount and the appellant agreed after failing in its attempt to secure a proportionate reduction in ...... the factory with the assurance that the lease-hold interest in the land would be extended for 20 years, the appellant reasonably put confidence in such a sale by the Government and invested his good money therein and went into possession.
60. Drums Metal Industries Ltd. by operation of law a..
Category: Property Law | Date: | Hits: 68
Sec, Min of Food, Food Div., Govt. of Bangladesh, Dhaka & others Vs. M/s. MF Ltd, 1992, 21 CLC (AD)
....w that the lessee knew that the properties were liable to the octroi. 11. In the result, we find no substance in this appeal which is therefore dismissed. No order as to cost. Ed. ......r sale within a municipality", The lessee levied Octroi on these goods at Tk. 13, 84, 740.89 and requested the Controller of Movement and Stores, Ministry of Food (appellant No. 4) to pay this amount. The Controller first accepted the claim and, as appears necessary fund was also placed at ......w that the lessee knew that the properties were liable to the octroi. 11. In the result, we find no substance in this appeal which is therefore dismissed. No order as to cost. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 92
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....ned Advocate for the respondents and have gone through them in this case. Order of the Court. By majority decision the appeal is allowed without any order as to costs. Ed. ......y and after exempting the balance dues, the landlord took amicable possession of the suit land. There is unequivocal statement in the plaint that the tenants took exemption of the balance decretal amount and gave khas possession in favour of the landlord and the landlord took possession thereon.......ned Advocate for the respondents and have gone through them in this case. Order of the Court. By majority decision the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 52
Chanjury Talukder and another Vs. Chingneshay Magni and others, 1992, 21 CLC (AD)
....ding on the plaintiff. For all the above reasons we do not find any merit in this appeal which is dismissed without costs. Ed. This Case is also Reported in: 12 BLD (1992) (AD) 253. ......High Court Division fully concurred with the reasonings of the trial Court but allowed the appeal in part modifying the trial Court's decree insofar as the number of livestock in Schedule Kha and the amount of jewellery in schedule Ga are concerned and set aside the preliminary decree for partition ......ding on the plaintiff. For all the above reasons we do not find any merit in this appeal which is dismissed without costs. Ed. This Case is also Reported in: 12 BLD (1992) (AD) 253. ..Category: Property Law | Date: | Hits: 52
Hussain Mohammad Ershad Vs. The State, 1992, 21 CLC (AD)
....iminal matters there is a greater urgency in pronouncing the judgment. There has been no case to our knowledge, nor any cited before us, in which as in the present, an accused after going through the whole trial makes a prayer for stay of the delivery of the judgment on the ground that a civil suit ......nd property worth Tk. 2,21,65,238.47 which was disproportionate to his known sources of income, that he could not account for the same and thereby committed an offence under the aforesaid Act. This amount included a cash amount of Tk. 1,90,81,565/00. 3. It is the petitioner's case that the cash......g on the allegations brought against the petitioner in the Special case and the petitioner would stand to suffer grievously at the trial if the judgment were to be delivered without a decision in the money suit. He submitted that, at any rate, the delivery of judgment should have been stayed for a l..Category: Anti-Corruption Laws | Date: | Hits: 88
SA Sultan Vs. The State and another, 1991, 20 CLC (AD)
.... ও জুলাই’ ৮৭ এবং এপ্রিল’ ৮৮ ইং টেলিফোনে এ কথাবার্তা বলেন।" If the statements quoted above are read as a whole then it clearly conveys that the complainant was induced by the accused to part with Taka six ......s; and that after repeated requests for the return of the money the accused issued Cheque No. 421813 dated 3.9.88 for Taka 1,00,000.00 (Tk. one lac) and another Cheque No. 421814 dated 3.12.88 for an amount of Taka 5,00,000.00 (Taka five lacs) on the BCCI Bank, Dhaka. The complainant further stated ......ent No. 2 filed a petition of complaint on 19.8.90 before the Chief Metropolitan Magistrate, Dhaka alleging, inter alia, that her husband late Abdul Aziz Al‑Aman used to work in Kuwait and send her money from there; that the accused, a close family friend, obtained a sum of Taka 6,00,000.00 (Tk. s..Category: Criminal Law | Date: | Hits: 64
Afsaruddin Ahmed Vs. Banque Indosuez, 1992, 21 CLC (AD)
....of the Code of Civil Procedure and thereby correctly held that this rule is directory and not mandatory. In the result, this appeal is dismissed without any order as to costs. Ed. ......of the Code of Civil Procedure and thereby correctly held that this rule is directory and not mandatory. In the result, this appeal is dismissed without any order as to costs. Ed. ......Adalat (3rd Commercial Court), Dhaka in Money Suit No. 99 of 1990. 2. The material fact necessary for disposal of this appeal may be briefly stated as follows: Plaintiff Bank filed a money suit against the defendant for recovery of the outstanding liabilities in respect of a sancti..Category: Banking Law | Date: | Hits: 150
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....judgment must be read as applicable to the particular facts proved, or assumed to be proved, since the generality of the expressions which may be found there are not intended to be expositions of the whole law, but governed and qualified by the particular facts of the case in which such expressions ...... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ......eat this remedy. Directions etc. will ensue only from undisputed facts. Disputed questions of fact will not be entered into. It does not lie to enforce mere technicalities. It is not a substitute for money relief. Nor can all wrongs be remedied by judicial review. See Article 103(3) barring any inte..Category: Administrative Law | Date: | Hits: 203
Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)
....ating to the finding of adverse possession made by the High Court Division, the appeal cannot succeed in any case. In the result, therefore, the appeal is dismissed with cost. Ed. ......ey filed a farog (rent receipt) fraudulently obtained from the shebait of the Gobinda Jieu and the Criminal Case was dismissed. The Shebait served a notice upon the defendants to take refund of the amount paid by them upon returning the rent‑receipt. The defendants did not take any settlem......ating to the finding of adverse possession made by the High Court Division, the appeal cannot succeed in any case. In the result, therefore, the appeal is dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 62
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....nt that in the rent sale he auction purchased in Rent Execution Case No. 355 of 1931 AD in the benami of plaintiff No, 2's father and he having died his son executed the deed of release Ext. 7. The whole argument of the defendant was really based on the release deed, Ext, 7 itself and from its co......ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ......ght, title and possession in the schedule land of the document. The operative portion of the document shows, inter alia, that the schedule land of the deed of release was auction purchased with the money of the recipient in the name of the executant; that the recipient is the actual owner and po..Category: Others | Date: | Hits: 178
Sahera Khatun and another Vs. Anwara Khatun and others, 1992, 21 CLC (AD)
....rected himself to an extent causing an error in the decision and/or resulting in a failure of justice. There is thus no substance in this appeal which is dismissed with costs. Ed. ......rected himself to an extent causing an error in the decision and/or resulting in a failure of justice. There is thus no substance in this appeal which is dismissed with costs. Ed. ...... 16. Section 118 of the TP Act defines "Exchange". It says when two persons mutually transfer the ownership of one thing for the ownership of another, neither thing or both things being money only; the transaction is called an “exchange". An exchange is a mutual transfer be..Category: Property Law | Date: | Hits: 58
Somedullah Vs. Mahmud Ali , 1991, 20 CLC (AD)
....is a kot moorage or an out and out sale with a condition to re‑purchase, involving as it does the construction a document. 5. It is the settled law that the document in question itself read as a whole will primarily determine whether the document is a mortgage or an out and out sale with a cond......sts and the price for the stamp of the mortgage deed. He died leaving the plaintiffs as his follows heirs. The suit land is a good crop‑yielding land and the defendant realised more than double the amount of Rs. 200/‑ from the usufructs. The plaintiffs demanded redemption of mortgage upon offeri......land is a good crop‑yielding land and the defendant realised more than double the amount of Rs. 200/‑ from the usufructs. The plaintiffs demanded redemption of mortgage upon offering the mortgage money with interest but the defendant having not paid any heed to it the plaintiffs filed the suit f..Category: Property Law | Date: | Hits: 63
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....pportable. 21. In order to illustrate the observations made above as to, the impugned judgment two instances out of many may be cited. At one place it has been stated. "Therefore, the whole question centres round the ownership of the cement in question as alleged by the respondent N......he same wherein the importer of the consignment was shown as M/s MA Baker. 9. It was stated that the respondent's claim without fulfilling the requirements of Customs law in respect of the balance amount of cement which was awaiting clearance could not be lawfully entertained. It was also stated ...... not turn up to take delivery of the balance cement in spite of repeated calls. 4. A dispute was raised by the Bangladesh Shipping Corporation claiming the balance charter fees which resulted in a money suit being Money Suit No. 387 of 1990 in the 2nd Court of the Sub‑Judge, Chittagong. It was ..Category: Business or Commercial Law | Date: | Hits: 130
Fazaruddin Vs. Maijuddin and others, 1992, 21 CLC (AD)
....gle Judge is not correct. 10. In the result, both the appeals are allowed. Judgment of the High Court Division is set aside and that of the appellate court is restored. No order as to cost. Ed. ......gle Judge is not correct. 10. In the result, both the appeals are allowed. Judgment of the High Court Division is set aside and that of the appellate court is restored. No order as to cost. Ed. ......rar's office and put up resistance to the execution of the two kabalas. Further evidence is that at the intervention of the scribe the pre‑emptor was given one day's time to bring the consideration money in order to buy the land himself but he did not turn up whereupon the kabalas were written and..Category: Property Law | Date: | Hits: 70
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....irectory only or obligatory with an implied nullification for disobedience. It is the duty of Courts of Justice to try to get at the real intention of the Legislature by carefully attending to the whole scope of the statute to be construed.” Liverpool Borough Bank vs. Turner (1860) 2 De GF......er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ......etenu went on exile after the assassination of President Sheikh Mujibur Rahman in August, 1975. He is alleged to have been tried in absentia along with his brother for alleged misappropriation of money of a Co‑operative Society by the Special Martial Law Court in 1978. When an accused is ..Category: Constitutional Law | Date: | Hits: 365
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
....sion is upheld, though on different grounds as given above. The appeal is, therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ......sion is upheld, though on different grounds as given above. The appeal is, therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ......"105. A lease of immovable proper y is a transfer of a right to enjoy such property, made for a certain time, express or implied, or in perpetuity, in consideration of a price paid or promised, or of money, a share of crops, service or any other thing of value, to be rendered periodically or on spec..Category: Tenancy Law | Date: | Hits: 97
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
....uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ......uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ......ss of quantitative ceiling, no doubt, will stand acquired to the Government but the wakf estate shall get compensation for it. This part of corpus of the wakf estate is altered from land into cash money. This money is wakf. The Mutwalli, under the doctrine of cypres is bound to invest it in such..Category: Others | Date: | Hits: 142
Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)
....nsidered above, section 423 (1) (b) section 302 to section 302/149 of the Penal was not intended to confer power on the Appellate Court to alter the finding of acquittal. If it ere so intended, the whole clause would have been differently worded and there would have been no necessity to enact sec......erefore, urged that though the learned judge did not record any express findings as to the charge under section 302/149 as regards this appellant, the conclusion at which the learned Judge arrived amounted to an acquittal of the appellant in respect of that charge. So the High Court, on appeal a......ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ..Category: Criminal Law | Date: | Hits: 57
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