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BD Oil, Gas and Mineral Cooperation (Petro Bangla) Vs. Nuruzzaman Khan Brothers, 1999, 28 CLC (AD)
....rators and made a rule of the Court by the Subordinate, Judge. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 52. ......sp; February 12, 1998. The Arbitration Act, 1940 (X of 1940) Section 39 Awarding of interest on the decretal amount of award on appeal whereas no such interest had been determined by the arbitrators and even ......instead of going through the process of an appeal, which will be time-consuming, it will be in the interest of justice and a favour done to the lessor-respondent, who is being deprived of the award money for a long time since 1990, if that part of the impugned order which relates to interest is ..Category: Alternative Dispute Resolution | Date: | Hits: 249
Al-Helal Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha, 1999, 28 CLC (AD)
.... an ex parte hearing. That part of the order imposing cost is set aside. The petition, however, is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 51. ......ause as to why the purported action of the respondent for selling Al-Helal Rice Mill under article 34 of the Bangladesh Shilpa Rin Sangstha (BSRS) Order, 1972 until the determination of the actual amount of the liabilities in pursuance of tender notice published in the issue of “Bhorer Kag...... an ex parte hearing. That part of the order imposing cost is set aside. The petition, however, is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 51. ..Category: Business or Commercial Law | Date: | Hits: 106
Shafi A Chowdhury and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)
....facts of the present case we do not think that the matter warrants our interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 21. ......pondents’ failure to comply with the said requests the plaintiffs were constrained to file the suit for a declaration that the notice dated 15-5-89 directing plaintiff No.1 to pay the balance amount of purchase money was illegal and that plaintiff No.1 was bound to pay only the amount which...... 53 were in good condition. Five new machines to be imported by the respondents were in the pipeline. Out of 18 vehicles, 14 were in running condition. Plaintiff No.1 deposited 25% of the purchase money as down payment and executed an agreement on 7- 4-84, clause 18 of which provided that the po..Category: Criminal Law | Date: | Hits: 68
Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)
....ugned judgment and order of the High Court Division are set aside. Writ Petition No. 204 of 1989 is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 42. ...... the allotment on 13-7-83. Thereafter in pursuance of the order to sell the property the said college accepted the offer of the Government and upon making a part payment of the consideration money amounting to Taka 1,16,979.20 have been possessing the same. It is also asserted that the writ peti......ich got the allotment on 13-7-83. Thereafter in pursuance of the order to sell the property the said college accepted the offer of the Government and upon making a part payment of the consideration money amounting to Taka 1,16,979.20 have been possessing the same. It is also asserted that the wr..Category: Property Law | Date: | Hits: 48
Chairman, National Board of Revenue and others Vs. Beximco Infusions Ltd., 1999, 28 CLC (AD)
....thoughtless manner in which the Government affairs are conducted. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 36. ......on is Can the National Board of Revenue afford to ignore the decision of the Board of Investment as conveyed to it by way of recommendation in the facts of the present case? To say that it can will amount to defy the letter and spirit and the purpose of the Investment Board Act,1989. 12.......thoughtless manner in which the Government affairs are conducted. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 36. ..Category: Business or Commercial Law | Date: | Hits: 112
Calmare Navigation Co. Ltd. Vs. Mohammad Nurul Hoque and another, 1999, 28 CLC (AD)
....has nothing to do with the proceedings of the execution case. The order of stay of the execution case was not passed in the contempt matter but in the first appeal. It, therefore, appears that the whole exercise leading to this application was unnecessary and the submission of the learned Advoca......and the submission of the learned Advocate is devoid of any reason. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 35. ......mits that the impugned modification order should not have been made during the pendency of the contempt case because decree-holder-respondent No.2 would execute the decree and realise the disputed money causing great prejudice to the petitioner. 5. We have not been able to understand ei..Category: Others | Date: | Hits: 74
Abdur Rahman and others Vs. State, 1999, 28 CLC (AD)
....and sentence passed against the appellants are not sustainable in law. Consequently, the appeal is allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 33. ......nd punished as aforesaid. 4. Prosecution examined 18 witnesses in support of its case 5. The defence case was that the informant Gouri Rani Das, a woman of easy virtue, borrowed an amount of Taka 1,000.00 from accused Abdur Rahman and on the date of the alleged occurrence Abdur R...... the informant Gouri Rani Das, a woman of easy virtue, borrowed an amount of Taka 1,000.00 from accused Abdur Rahman and on the date of the alleged occurrence Abdur Rahman demanded repayment of the money but Gouri Rani Das misbehaved with him, as a result of which there was an altercation betwee..Category: Criminal Law | Date: | Hits: 76
Saitan Bibi and others Vs. Chairman Bewa and others, 1999, 28 CLC (AD)
.... Court, thereby dismissing the suit. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 28. ...... Court, thereby dismissing the suit. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 28. ......S khatian was prepared in their names accordingly. During the revisional rent roll operation the suit jote was also recorded in the names of the defendants and the paddy rent has been commuted into money rent of Rs 3/55 and they paid rents of the jote to the Government. Defendant No.1 transferred..Category: Property Law | Date: | Hits: 52
Bangladesh Vs. Shirely Anny Ansari, 2000, 29 CLC (AD)
....gh Court Division in Writ Petition No. 7756 of 1997 is hereby set aside and that of the Court of Settlement restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 180. ......nt. There must be something to indicate acceptance of the gift and such acceptance may be signified by an overt act such as actual delivery of possession or such an act by the donee as would in law amount to taking of possession. When the property is not capable of being delivered physically, ac......gh Court Division in Writ Petition No. 7756 of 1997 is hereby set aside and that of the Court of Settlement restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 180. ..Category: Property Law | Date: | Hits: 64
Jamir Ali (Md) and others Vs. Secretary, Ministry of Land & others, 2000, 29 CLC (AD)
.... 1953 Act as amended by sections 22 and 23 of the 1987 Act. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 176; 6 MLR (AD) 2001, 41. ...... 1953 Act as amended by sections 22 and 23 of the 1987 Act. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 176; 6 MLR (AD) 2001, 41. ......of the acquired not having been used for the last 29 years they were entitled to get back the unutilised land and they applied for release of the same on the undertaking to refund the compensation money paid to them but respondent No. 5, the Deputy Commissioner, Dhaka did not allow their prayer...Category: Property Law | Date: | Hits: 94
Yaqub Mohammad and another Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....been issued without any lawful authority. We see no ground for grant of leave and dismiss the petitions accordingly. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 159; 5 MLR (AD) 137. ......objection to the proposal subject to 10% down payment of the overdue loan. In that letter, it was also stated that the borrower company would have to pay the usual rate of interest on the rescheduled amount. On 30 September 1998 the Bangladesh Bank through its Joint Director wrote a letter to the Ch......ated its decision thereon by letters dated 2 October 1995 and directed payment of the loan in terms of the notices. It was specifically mentioned therein that in the event of their failure to pay the money their Directorship in Pubali Bank would be deemed to have been vacated after the expiry of two..Category: Banking Law | Date: | Hits: 191
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
.... conditions, limitations or restrictions, if any, as in Gazette, exempt any goods imported into, or exported from Bangladesh or into or from any specified port or station or area therein, from the whole or any part of the customs duties chargeable thereon. (2) An exemption granted under......ff value of the imported goods. The writ-petitioner-respondent paid enhanced sales tax and customs duty on enhanced tariff value and cleared the goods on 6-6-90. His case is that he paid an excess amount of Taka 6,36,032.00 on an enhanced tariff value although in law the imported goods were liab......of any excess duty under section 33 of the Act within six months of such payment his writ petition is not maintainable. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 149. ..Category: Fiscal/Taxation Law | Date: | Hits: 94
Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
....y dismissed without costs. Order of the Court By a majority decision the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ...... price than the price prevalent at the date of execution then the document may be construed as a deed of mortgage. Admittedly the price mentioned in the kabala is Taka 1,500.00. To prove that this amount is a lesser amount the plaintiff has not produced any other sale deed of the relevant period......velopment Bank, After the death of Abdul Gafur Mridha the plaintiff requested the defendants to deliver possession of the suit property in favour of the plaintiff together with mortgage deed as the money paid to the plaintiff and interest accrued thereon has already been redeemed. The defendants ..Category: Property Law | Date: | Hits: 64
Abdus Sattar and others Vs. IFIC Bank Ltd., 2000, 29 CLC (AD)
....ns raised for the aforesaid reasons are of no substance. The petition is dismissed with any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 122. ......t Division. An application for acceptance of the Memorandum of Appeal was filed by the petitioners stating that bank guarantee furnished by the petitioners was to be treated as 50% of the decretal amount as the bank guarantee is as good as cash money. 3. The learned Judges of the High Co......e Memorandum of Appeal was filed by the petitioners stating that bank guarantee furnished by the petitioners was to be treated as 50% of the decretal amount as the bank guarantee is as good as cash money. 3. The learned Judges of the High Court Division by the impugned Order summarily di..Category: Business or Commercial Law | Date: | Hits: 115
Islami Bank Bangladesh Limited Vs. Al-Haj Md Shafiuddin Howlader& another, 2000, 29 CLC (AD)
....pugned judgment of the High Court Division is set aside and the judgment and order of the Artha Rin Adalat is restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 76. ...... 5. At the same time, under sub-section (2) of section 6 of the Act it is provided that for setting a side an ex parte decree the defendant who is a loanee will have to deposit half the decretal amount or furnish bank guarantee therefor. 6. To my mind since the enactment is intended t......g the suit to its original file and number. 8. Appellant Islami Bank Bangladesh Ltd. filed Title Suit No. 46 of 1994 in the Artha Rin Adalat, Khulna against respondents for realisation of money by selling the mortgaged property. The suit was being contested by the defendants by filing w..Category: Business or Commercial Law | Date: | Hits: 104
Mahbubul Haque (Md.) Vs. Md. A Kader Munshi, 2000, 29 CLC (AD)
....ce to agitate the questions at the time of trial of the suit the petition merits no consideration. The leave petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 49.......ce to agitate the questions at the time of trial of the suit the petition merits no consideration. The leave petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 49.......ce to agitate the questions at the time of trial of the suit the petition merits no consideration. The leave petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 49...Category: Civil Law | Date: | Hits: 142
Abul Qayum Khan and others Vs. Md. Abu Yousuf Mridha and others, 2000, 29 CLC (AD)
....sed, for what it is worth, at the earliest opportunity. But it was not done. This petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 48. ......sed, for what it is worth, at the earliest opportunity. But it was not done. This petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 48. ......of Taka 85.00. During the subsistence of this transaction both Abu Sadat Mridha and Jamir Hossain died. But re-conveyance was refused by the defendants on 29 October 1979 in spite of tender of the money in accordance with the terms of the agreement. 2. The trial Court decreed the suit i..Category: Property Law | Date: | Hits: 47
Sanaullah Khan (Md) Vs. Safura Khatun and others, 2000, 29 CLC (AD)
....as not obtained on this ground. For all these reasons the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 39. ......as not obtained on this ground. For all these reasons the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 39. ...... dated 8 July 1996, he allowed the appeal with a cost of Taka 1000.00 and sent back the case on remand to the trial Court with a default clause. 3. The defendant sought to deposit the cost money of Taka 1000.00 on 10 August 1996 which was beyond the time mentioned in the order. The grou..Category: Property Law | Date: | Hits: 59
Shafiuddin Chowdhury (Md) Vs. Md. Abdul Karim and others, 2000, 29 CLC (AD)
.... basis of co-sharer ship is not maintainable. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 41. ......spondent Nos. 2-4 got saham in Partition Suit No. 36 of 1975 and they sold the same by the disputed three sale deeds and thereafter the pre-emptee got his name mutated and also spent a substantial amount of money for improvement of the case land. Hence the pre-emptor is not a co sharer. ......os. 2-4 got saham in Partition Suit No. 36 of 1975 and they sold the same by the disputed three sale deeds and thereafter the pre-emptee got his name mutated and also spent a substantial amount of money for improvement of the case land. Hence the pre-emptor is not a co sharer. 4. The tr..Category: Property Law | Date: | Hits: 57
....matter except the contractor himself or his authorised representative.
16. The contractor will have to remain personally present or keep his authorised supervisor in the working places during the whole working time for proper supervision and smooth running of the works.
17. The contractor sh......5)(a) of the Ordinance which is also an infirmity of the said list. The appeal is accordingly dismissed without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (AD) (2000) 36.
......orders under which the so-called casual labourers were supplied by the contractors. This includes the following terms:
“6. A sum of Taka 10,000.00 (Taka ten thousand) only deposited as security money will remain with the Company during the tenure of contract and will bear no interest.
7. T..
Category: Labour and Industrial Law | Date: | Hits: 163
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