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Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)
....this appeal should be dismissed. Order of the Court By majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 177. ......y the Government under the provision of the Emigration Ordinance, 1982 (Ordinance No. XXIX of 1982), briefly, the Ordinance since 24-12-84. The respondent has deposited with the Government a security amounting to Taka 5 lakh. The respondent recruited 223 workers for Al-Nuri Establishment Company of ......rder in writing, cancel the licence or suspend it for a period to be specified in the order and may also forfeit the security furnished by him under Section 10 in full or in part. (2) The security money forfeited under sub-section (1) may be— (a) paid to an affected person, or (b)utilised..Category: Constitutional Law | Date: | Hits: 192
Ansarul Haque Vs. Abdur Rahim and 4 others, 1997, 26 CLC (AD)
....t’s the special circumstance of this particular case. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 145 ......t’s the special circumstance of this particular case. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 145 ......le to the plaint of the petitioner, Money Suit No. 90 of 1985. The order was compliable and upon perusal of the supplementary affidavit, the learned Judges were satisfied that the criminal case and money suit were filed substantially for the same articles. It was observed that if any of the arti..Category: Criminal Law | Date: | Hits: 93
Primal Ranjan Das Vs. Nasima Khatun, 1997, 26 CLC (AD)
....t this stage because the question was never raised either in appeal or in revision. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 144 ......ant is found to be a defaulter, his possession cannot e said to be wrongful or that of a trespasser in order to make him liable for mesne profits. Mr. Karim submits that even if it was realizable the amount allowed was not in accordance with law. It is difficult to agree with the first part of Mr. K......t this stage because the question was never raised either in appeal or in revision. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 144 ..Category: Tenancy Law | Date: | Hits: 70
Nur Islam (Md) Vs. Agrani Bank, 1995, 24 CLC (AD)
.... such a situation. The application under section 151 is found to have been rightly dismissed. This petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 135. ...... for, the Artha Rin Adalat Act specifically provides for only two remedies against an ex parte decree. It is either by an application or by an appeal; but in both the cases deposit of 50% of decretal amount is necessary. To avoid this deposit, it appears, the petitioner has sought a short-cut by inv...... such a situation. The application under section 151 is found to have been rightly dismissed. This petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 135. ..Category: Civil Law | Date: | Hits: 120
Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
....age. The defendant- appellants are directed to pay the said amount within one month. There will be no order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 164 ...... Kheya, but there is no averment to that effect in the plaint itself, although the suit was filed on 5-5-86. 6. The trial Court by judgment and decree dated 20-9-90 decreed the suit for an amount of Taka 88, 78,800.00. The basis for the plaintiff’s claim of compensation @ Taka 22,2...... investment in the said partnership business. Accordingly, his profit in that partnership business came down to Taka .15 lakh. The trial Court relied upon the Order Sheet dated 5-6-84 in the said money suit (Ext. 11), the photocopy of the Order Sheets dated 19-6-84 and 23-6-84 in that suit (Ext...Category: Admiralty Law or Maritime Law | Date: | Hits: 213
Government of Bangladesh Vs. Ashraf Ali @ Ashraf Ali and another, 1997, 26 CLC (AD)
.... those of the Court of Settlement are restored. Accordingly, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 161 ...... those of the Court of Settlement are restored. Accordingly, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 161 ......o possess the disputed building. Md. Nasim contracted to sell the disputed building on 18-1-72 to respondent No. 1 for a consideration of Taka 8,000.00 and after receiving the entire consideration money sold the disputed building to respondent No. 1 by executing a registered deed of sale on 10-9..Category: Property Law | Date: | Hits: 89
State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)
....e. A witness for the prosecution does not become partisan per se nor can an eye-witness be disregarded merely because he has come to support the prosecution party. It was necessary to consider the whole evidence and then to assess the worth of the witnesses as a whole. Instead of considering the......inions are held, may be proved by the production of such treatises if the author is dead or cannot be found, or has become incapable of giving evidence, or cannot be called as a witness without an amount of delay or expense which the Court regards as unreasonable: 17. ‘A Hand Book of......nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ..Category: Criminal Law | Date: | Hits: 77
Chairman, Chittagong Port Authority & another Vs. Ministry of Defence and others, 1997, 26 CLC (AD)
....s No. 5, 6 & 7 and all other concerned authorities are directed to give effect to this order immediately.” Ed. This case is also reported in: 49 DLR (AD) (1997) 152 ......s No. 5, 6 & 7 and all other concerned authorities are directed to give effect to this order immediately.” Ed. This case is also reported in: 49 DLR (AD) (1997) 152 ......iffs’ claim, that the payment would be made by transfer into a certain specified account of Bangladesh Bank, whereupon Bangladesh Bank would furnish written confirmation of the receipt of the money of the Attorney General, and that the ship would be entitled to be released and allowed to l..Category: Admiralty Law or Maritime Law | Date: | Hits: 184
Khondaker Mahtabuddin Ahmed and others Vs. State, 1997, 26 CLC (AD)
....nds for the offence, while the civil suit is for realisation money. Both can stand together. The petition is accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 132 ......he overdraft was to be released upon performance of certain conditions. But the petitioners in collusion with the Bank officials got the entire sum released without deduction of 10% of the sanctioned amount which was in violation of one of the conditions Furthermore, the value of the land mortgaged ......thing in law precluding a criminal case on account of a civil suit pending against the petitioners on the same facts. The criminal case stands for the offence, while the civil suit is for realisation money. Both can stand together. The petition is accordingly, dismissed. Ed. This case is al..Category: Anti-Corruption Laws | Date: | Hits: 75
Government of Bangladesh Vs. Hosne Ara Begum, 1997, 26 CLC (AD)
....ment and decree of the High Court Division be set aside and those of the trial Court be restored. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 56, 49 DLR (AD) (1997) 127 ......irst Appeal No. 835 of 1991 therefrom to the High Court Division. A Division Bench of the said Court by judgment and decree dated 19 May 1993 allowed the appeal and decreed the suit in part for an amount of Taka 2,34,00.00 (Two lakh thirty four thousand) only and also awarded a compensation @ Ta......n the said land; the image of the buildings for willful non-repairing, non white-washing and hazardous use and occupation by the persons inducted by the defendants in the Houses, if assessed with money value would come to Taka 20,00.00 since the plaintiff is to demolish the same after recove..Category: Property Law | Date: | Hits: 72
Noor Jahan Begum and another Vs. State, 1996, 25 CLC (AD)
....Magistrate himself and the High Court Division acted properly in summarily rejecting the application. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 106. ......Magistrate himself and the High Court Division acted properly in summarily rejecting the application. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 106. ......tion in taking cognizance of the case. 3. Under section 23 of the Immigration Ordinance, 1982 it is an offence to demand or receive or attempt to receive, for himself or for any other person, any money or other valuable thing, if the person is not a recruiting agent, punishable with imprisonment..Category: Criminal Law | Date: | Hits: 149
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
....acie a valid claim, need to be cancelled……………….…………………………………. In determining whether in a suit cancellation has been asked for, the plaint has to be read as a whole and the Court will not confine itself merely to the form of the plaint but it must look to the...... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ......ion of the consideration. In fact, he made no payment of the consideration. Therefore the kabala remained with the plaintiffs. After the conclusion of the requisition case the plaintiffs demanded the money from the defendant but he did not pay the same and, on the other hand, wrongfully occupied the..Category: Tenancy Law | Date: | Hits: 88
Ali Ahmed & ors Vs. Nazimuddin P. being dead, his heirs Azimuddin P. & ors., 1997, 26 CLC (AD)
....the High Court Division under one judgment dated 21 January 1985. By the said judgment SA 1156 of 1964 was dismissed and SA No. 1095 of 1964 was allowed resulting in the dismissal of the Suit as a whole. 7. The instant appeals CA Nos. 16 and 17 of 1988 are directed against the said judge......nce made by the courts below to evidence as to subsequent darbar for extension of time was not justified inasmuch as if the demand for reconveyance within the stipulated time was not proved, no amount of darbar could bring back the plaintiffs claim for reconveyance to life. Thus I am of the ......esponding to 1 June 1957 and on the same day the defendant executed an agreement for reconveyance in favour of the plaintiff undertaking to reconvey the said land on repayment of the consideration money by the month of Magh 1365 BS. Some time afterwards the plaintiff executed and registered anot..Category: Property Law | Date: | Hits: 60
.... statement and, as such, no arguments were allowed to be made on his behalf.
The appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 49 DLR (AD) (1997) 87.
...... statement and, as such, no arguments were allowed to be made on his behalf.
The appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 49 DLR (AD) (1997) 87.
......ed 22-9-86. The grievances of writ petitioners are, because of the aforesaid anomalies they are not getting their salaries as respondent No. 2 instructed the concerned bank not to allow withdrawal of money against salaries and Government allowances for teachers and other employees of the school and ..
Category: Employment/Service Law | Date: | Hits: 95
Ezaher Meah & others Vs. Shaher Banu and others, 1997, 26 CLC (AD)
.... legal position we find no substance in the contention of the petitioners. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 85 ...... legal position we find no substance in the contention of the petitioners. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 85 ......mber 1974 Hemendra Narayan entered into a contract for sale of the land in suit to the plaintiff for a consideration of Taka 9000.00 and executed a bainapatra on receipt of Taka 7700.00 as earnest money. It was stipulated that the kabala would be executed within one year from the date of the agr..Category: Property Law | Date: | Hits: 73
Bangladesh House Building Finance Corpn. Vs. Jahan Ara Akhtar & others , 1997, 26 CLC (AD)
....ly without jurisdiction. 17. The view expressed by the High Court Division overlooks the provision of section 3 of the Act and does not comprehend section 5(1) with the proviso as a whole. In view of the said provisions, the position is that a financial institution may institute ......ct Judge, Tangail under article 27 of the Bangladesh House Building Finance Corporation Order, 1973 (President’s Order No. 7 of 1973) for the reliefs mentioned therein in respect of the amounts due from the borrower-respondents. When the said applications were pending the Artha Rin Ad......d calls for no interference. The appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 293, 49 DLR (AD) (1997) 80 ..Category: Business or Commercial Law | Date: | Hits: 117
Khairunnessa being dead, her heirs F. Alam & ors Vs. Zobaida Nahar @ Zharna & ors, 1997, 26 CLC (AD)
....t be restored. The defendant may take back the amount if already deposited in the trial Court. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 430, 49 DLR (AD) (1997) 77 ......ed without any order as to cost and the impugned judgment and order of the High Court Division are set aside. The judgment and decree of the trial Court be restored. The defendant may take back the amount if already deposited in the trial Court. Ed. This Case is also Reported in:&nb......t be restored. The defendant may take back the amount if already deposited in the trial Court. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 430, 49 DLR (AD) (1997) 77 ..Category: Property Law | Date: | Hits: 82
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
.... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ...... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ...... on payment of the entire consideration. Similarly, he purchased schedules 2-5 lands from different persons by the kabalas dated 10 September 1956, 5 November 1956 and 9 September 1957 with his own money. He took delivery of all the original kabalas from the Sub registry and kept them in his cus..Category: Procedural Law | Date: | Hits: 140
Abdus Salam Sheikh and others Vs. Puspa Rani Shil and others, 1997, 26 CLC (AD)
....h Court Division in its judgment impugned before us. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 436, 49 DLR (AD) (1997) 71 ......ed, by any agreement, express or implied, seven years: Provided that any such usufructuary mortgage may be redeemed at any time before the expiry of the said period, on payment of an amount which shall bear the same proportion to the total consideration money received by the mortg......ded that any such usufructuary mortgage may be redeemed at any time before the expiry of the said period, on payment of an amount which shall bear the same proportion to the total consideration money received by the mortgagor, as the unexpired period bears to the total period for which the m..Category: Property Law | Date: | Hits: 72
Mohsin Mia Vs. Bangladesh, 1997, 26 CLC (AD)
....injunction is hardly necessary. Respondent No. 6 has only called for a tender on 29-12-96 for extraction of bamboos from the disputed Bash Mahal and supply of the same to the paper Mill during the whole year of 1997 and therefore, there is no urgent necessity for an order of injunction as prayed......foresaid principles and not on any legal right before any order of restraint is passed. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 66 ......aid and other Bash Mahals for 1997, the petitioner submitted an offer for the said Bash Mehal (Surma Charra) quoting Taka 2, 63, 39,722.50 and depositing advance of Taka 5,26,795.00 being 2% of bid money and became the highest bidder among six bidders. After opening of the bids the matter was ref..Category: Constitutional Law | Date: | Hits: 149
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