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Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....nd conduct of the RAJUK unerringly indicate something mala fide. In view of the facts and circumstances in particular, the conduct of the DIT, now RAJUK, the proposed acquisition, practically' of the whole of the appellant's land under the Lay‑out Plan, is not just and fair. It is not4ound to have......t of the country for redress. The remedy is provided in the Ordinance itself. If a person is allowed to bypass the Ordinance and take his grievance directly to the Head of the State, it will not only amount to a no‑confidence in the rule of law but also encourage very positively the expedient way ......s No. 1 and 2 filed separate affidavits‑ in‑opposition but taking similar lines. They denied the allegations of the appellant. They have also challenged the allegation that by huge expenditure of money the appellant developed the aforesaid area for setting up the alleged housing project. The con..Category: Property Law | Date: | Hits: 79
Khaledur Reza Chowdhury (Md) Vs. Saleha Begum and others, 1996, 25 CLC (AD)
....t and order are set aside and the order dated 6-2-93 passed by the learned Subordinate Judge in Title Suit No.415 of 1984 is restored. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 209. ......t and order are set aside and the order dated 6-2-93 passed by the learned Subordinate Judge in Title Suit No.415 of 1984 is restored. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 209. ...... by executing a bainapatra on that date and receiving Taka 50,000.00 as advance. The agreement was that the vendors would execute and register deeds of sale on receipt of the balance of consideration money by different deeds either in favour of the appellant or in favour of his nominees who are resp..Category: Property Law | Date: | Hits: 59
Rahela Khatun Vs. Abul Hassan and others, 1996, 25 CLC (AD)
....marry her. The appellant took her to an office and went away on the plea of procuring necessary papers for the marriage, leaving her alone in that office. The respondent waited for him throughout the whole day in vain. She returned to her house at Jessore and filed the petition of complaint on 3-9-8......sdiction under section 561 A Cr.P.C. For all the above reasons the appeal is allowed. The impugned judgment and order are set aside. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 213 ......87 the respondent came to Jessore and met the appellant at her house and by inducement he enticed her away from her house at Jessore to Khulna on the promise to marry her. He advised her to take cash money and ornaments and accordingly she took ornaments worth Taka 18,000.00 and a cash of Taka 6,000..Category: Criminal Law | Date: | Hits: 85
Bangladesh Shipping Corporation and other Vs. Rakibuddin Ahmed and others, 1996, 25 CLC (AD)
.... Civil Petition No. 39 of 1994 at the instance of the Government is dismissed as time-barred. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 283, 48 DLR (AD) (1996) 203 ......ration during the material period Although it is a settled law that even if an incumbent after the termination of his service engages himself in any other service or business transaction, then any amount that he might earn by way of salary from such service or as profits of such business may be ...... Civil Petition No. 39 of 1994 at the instance of the Government is dismissed as time-barred. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 283, 48 DLR (AD) (1996) 203 ..Category: Employment/Service Law | Date: | Hits: 77
Collector of Customs, Chittagong and Others Vs. Ahmed Hossain and 39 Others, 1996, 25 CLC (AD)
....include the value as determined under section and any amount of duty imposed under section 18, 18A or 18B and the amount of duty that may have become payable in consequence of withdrawal of the whole or any part of the exemption or concession from duty whether before or after the conclusion ......not in force on the date of the opening of the letters of credit were declared to have been made without any lawful authority and be of no legal effect. The authorities were directed to refund the amount, if any, realised from any writ-petitioner or petitioners in excess of the rate in force at ...... above, we do not find it necessary to grant leave. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ..Category: Business or Commercial Law | Date: | Hits: 126
Fazle Karim and others Vs. Government of Bangladesh and others, 1995, 24 CLC (AD)
....a rehearing of the matter. If a case is permitted on these grounds, there will not be case for refusal. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 178.......hearing which is already concluded by decision even if that be erroneous. It appears that there is no valid ground for interference because all the submissions are on the merit of the appeal and this amounts to rehearing the matter……..…..(7 & 9) Case Referred to- Mohd. Amin Khan vs.......a rehearing of the matter. If a case is permitted on these grounds, there will not be case for refusal. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 178...Category: Property Law | Date: | Hits: 80
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
....mputed as above and also to be indemnified for the reasonable depreciation, if any, arising from the unrepaired damage, provided that the aggregate amount shall not exceed the cost of repairing the whole damage, computed as above; (3) Where the ship has not been repaired, and has not been ......is in the third alternative for unrepaired damage, counted by two alternative methods viz, (i) value of vessel less depreciation plus overhead costs incurred (vide paragraph 15 of the plaint). The amount calculated this way will be a claim for US $ 17,92,000.00. (ii) The alternative method of ca...... decreed for an amount of US $ 5,87,028.00 including cost to the plaintiff-respondent which we assess at US $ 53, 366.00. Ed. This case is also reported in: 48 DLR (AD) (1996) 143 ..Category: Business or Commercial Law | Date: | Hits: 151
ADC (Revenue), Pabna Vs. Md. Abdul Halim Mia, 1996, 25 CLC (AD)
....d and the respondents Execution Case No.5 of 1977 is dismissed as being barred under section 48 CPC. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 126, 48 DLR (AD) (1996) 141 ......d and the respondents Execution Case No.5 of 1977 is dismissed as being barred under section 48 CPC. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 126, 48 DLR (AD) (1996) 141 ......the structures standing on the suit plot in the name of his wife. Ameda Khatun with effect from 3.12.65. When the appellant issued notice upon Ameda Khatun directing her to deposit the arrear lease money the decree-holder, his son and wife collusively filed the present Execution case. 5. T..Category: Civil Law | Date: | Hits: 133
Fazlur Rahman Shah Vs. Md. Arifur Rahman @ Badsha Chairman, 1996, 25 CLC (AD)
....able in law. For the reasons aforesaid the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 258, 48 DLR (AD) (1996) 138 ......00 as rent for 18 months there was a settlement between the defendant and Jahanara Bewa in pursuance of which the defendant had paid Taka 1080.00 to her pending withdrawal of the already deposited amount. She agreed to return the money after withdrawal and executed a receipt on 12-4-1982 accepti......as a settlement between the defendant and Jahanara Bewa in pursuance of which the defendant had paid Taka 1080.00 to her pending withdrawal of the already deposited amount. She agreed to return the money after withdrawal and executed a receipt on 12-4-1982 accepting that the amount taken would be..Category: Property Law | Date: | Hits: 52
Monoranjan Barua Vs. Mirza Masud Hossain and others, 1996, 25 CLC (AD)
....ivision is set aside and the suit is dismissed. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 130 ......her shop to the defendant the aforesaid advance of Taka 17,500.00 would be treated as an advance rent of the disputed premises; that plaintiff No.1 agreed in writing for adjustment of the aforesaid amount; that since July 1977 upto the month of December, 1984 the total rent for 90 months at the ......arise; that the defendant on 22.4.89 by filing an additional written statement disclosed that the aforesaid amount was adjusted upto the month of December 1988 and then there was balance of advance money of Tab 70.00 with the plaintiffs and the defendant sent the rent through money order and afte..Category: Property Law | Date: | Hits: 56
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
....to pass without his giving her anything, and she in the meantime raises her maintenance on credit, or disburses it out of her own property, and then either the husband or the wife happens to die, the whole of what has been so raised or disbursed drops or can no longer be recovered. And in like manne......f marriage. By judgment and decree dated 3 1.5.86, the trial Court decreed the suit for Taka 30,287,50.00 representing maintenance for 11 years 1 & 1/2 months for her child @ Taka 75.00 per month amounting to Taka 10,012,50, maintenance for herself for the same period @ Taka 125.00 per month amo......Jamila Khatun is the wife of respondent Rustom Au, On 6.1.86 she filed Family Court Case No.1 of 1986 in the Family Court and Upazila Munsif, Fulbaria against the respondent praying for balance dower money of Taka 250.00 and maintenance at the rate of Taka 500.00 per month for 11 years 1 & 1/2 m..Category: Family Law | Date: | Hits: 198
State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)
....vision were just, correct and proper and caused no miscarriage of justice. In the result, therefore, all the appeals are dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 100. ......espondents denied the allegations altogether. The defence taken by respondent Iqbal Hossain was, that the pumps were supplied on the basis of a contract and there was absolutely no entrustment of the amount allegedly misappropriated that the work order was given to him as he was the lowest tenderer ...... the pumps if they were found not according to specification and the respondent was agreeable to take them back and that there was no criminality in the transaction. The contract is still subsisting, money still remaining due to him and there cannot be any prosecution under the provisions of section..Category: Anti-Corruption Laws | Date: | Hits: 92
Tafazal Ahmed Contractor Vs. Abdur Rahim and others, 1996, 25 CLC (AD)
.... partial redemption of the suit land. 5. The High Court Division in its revisional judgment reversed the aforesaid findings of the Courts below. It held on reading the mortgage deed (Ext. 2) as a whole that it was a mortgage by conditional sale. It also held that the suit, having been instituted......e years Begumjan expressed her wish that she was not in a position to repay the consideration money and to re-purchase the sold out suit property. In such a situation Begumjan on receipt of a further amount of Taka 99.00 from the defendants relinquished her personal right to re-purchase the sold-out...... her heirs transferred their right of redemption to the plaintiff-appellant by kabalas in 1978. The appellant also purchased some lands of suit from the heirs of Begumjan. He tendered the “mortgage money with interest to the said defendants and demanded redemption toward the end of Chaitra, 1384 B..Category: Property Law | Date: | Hits: 63
Continental Corporation (Pvt.) Ltd. Vs. Al-Haj Md. Ismail, 1996, 25 CLC (AD)
....ASA charge is not rent within the meaning of ‘rent’ as defined in the Ordinance, yet WASA charge of Taka 60.00 as per terms of their tenancy will, in my opinion, form part of payment of the ‘whole’ rent otherwise the payment of whole rent will remain incomplete. So, the deposit of Taka 1......que and the said agreement was to expire on 31.12.1985. It was stipulated in the said agreement that the appellant would pay the monthly rent of Taka 1098 and in addition to that it would pay a fixed amount of Tic. 60 as WASA charge. It was also stipulated that after the expiry of the agreement the ......llant offered rent for the month of January 1986 between the 2nd and 4th but the respondent refused to accept the same. The appellant sent the rent for the month of January 1986 on 6.1.1986 by postal money order which came back undelivered on 10.1.1986 whereupon the appellant deposited the rent for ..Category: Tenancy Law | Date: | Hits: 82
Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)
.... of the learned Single Company Judge, if so advised. The appeal is therefore allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 82 .......00 be given to them representing the value of their shares and claim on appellants profits in the business of the company and they promised to return the cheque for an equivalent cash amount when the company would receive full amount of its claim from the Power Development Board.&n......I and J were disbelieved on mere surmise and not on the evidence on record. He also submits that the learned Company Judge did not deal with Ext. 3, a written statement filed by the appellants in a money suit in which they clearly acknowledged on 10-6-87 that they resigned from the directorship o..Category: Business or Commercial Law | Date: | Hits: 118
Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)
....ed 8.8.1985 recommended necessary change/amendment of the Rules of 1981 and the matter was referred to the Public Service Commission (PSC) for its opinion. The Commission after consideration of the whole issue agreed with the Ministry of Establishment that the Rules of 1981 relating to the nation......han Taka 1145.00 on 7-5-1979 even if he was not under suspension. But consequent upon nationalisation of the Bhola College the respondent’s pay was fixed at Taka 1470.00 on 7-5-1979 and this amount was higher than what he would have received even if he was not under suspension and since he......ve to Appeal No. 431 of 1992 filed by the respondent which is also barred by 353 days is disposed of. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 152, 48 DLR (AD) (1996) 75 ..Category: Constitutional Law | Date: | Hits: 174
Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)
....easonings therefor. For the reasons stated above, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 64 ...... unless in addition to those circumstances an agreement not to prosecute or to discontinue criminal proceeding can be clearly established. In that case, the defendant committed defalcation of bank amount and on being discovered he created an equitable mortgage in favour of the bank to repay the ....... On the contrary, the defendants averred and proved that the matter of inflicting injuries on the person of defendant No. 1 was compromised between the parties and the documents were executed and money was paid in consideration of the injuries, assault and insult done to defendant No.1. As such..Category: Property Law | Date: | Hits: 72
Mohammad Brothers Vs. Collector of Customs and another, 1996, 25 CLC (AD)
....missions made by him before the appellate body which will not be inhibited by any observation or finding on the merit of the petitioner’s case. The petition is dismissed. Ed. ......hat the remedy of appeal, etc is not an equally efficacious remedy. He has cited various decisions in support of all his submissions. 5. The fact that the petitioner has to deposit the full amount of penalty before filing appeal is not an absolute provision in the Customs Act. There are p......missions made by him before the appellate body which will not be inhibited by any observation or finding on the merit of the petitioner’s case. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 111
Yusuf A Hassan Vs. KM Rezaul Firdous, 1996, 25 CLC (AD)
....of the learned Sessions Judge are set aside and the order of the Chief Metropolitan Magistrate dated 10.5.94 is affirmed. Ed. This case is also reported in: 48 DLR (AD) (1996) 53 ......him. The question was, whether the Additional Sessions Judge could legally and properly take cognizance against the petitioner Abdur Razzaque. It was held that the dismissal of the Naraji petition amounted to a dismissal of the complaint under section 203 CrPC and also discharge of the petitione......93 addressed to him by Mr. SM Maniam Hossain, another General Manager asking him to explain the administrative lapses with regard to a dismissed employee who had decamped with the Sangstha’s money. The sum and substance of the Memo. dated. 24.6.93 is that various other departmental files o..Category: Criminal Law | Date: | Hits: 60
W B Industrial Corporation Ltd. and others Vs. Deen Mohammad Rana and another, 1996, 25 CLC (AD)
.... place it before us. They have failed to assail the above findings of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 50 ......tlement of all claims of the Bank. Accordingly, the plaintiffs submitted two cheques namely, (1) No. 4521827 dated 30 June 1990 for Tab 1,25,00,000.00 and (2) No. 4521826 dated 30 June 1990 for an amount of Tab 29,12,000.00 both drawn on Arab-Bangladesh Bank on 30 September 1990. Subsequently, b...... place it before us. They have failed to assail the above findings of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 50 ..Category: Business or Commercial Law | Date: | Hits: 107
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