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New Ideal Engineering Works Ltd Vs. Bangladesh Shilpa Bank and others, 1993, 22 CLC (AD)
....t Division which amounts to withholding of material facts and is a further instance of unclean conduct. The petition is dismissed. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 138. ......vocate-on-Record-For the Petitioner. Shamsul Haque Siddique, Advocate-on-Record-For the Respondent Nos. 1-6. Sharifuddin Chaklader Advocate-on-Record-For the Respondent No. 8. Civil Petition for Leave to Appeal No. 27 of 1993. (From the Judgment and Order dated 7.12.92 and 9.12.92 passed......the tender fixed on 23.4.90. Because of stay order from the Court, the Bank could not inform respondent No. 8 about acceptance of its offer until 24.5.90. On 29.5.90, respondent No. 8 paid the entire money by pay order and asked for sale certificate and possession. The Bank issued sale certificate i..Category: Banking Law | Date: | Hits: 142
Golchera Khatun being dead her heirs: Akhter Hossain and ors Vs. Sayera Khatoon, 1993, 22 CLC (AD)
....ter holding that the pre-emptors were not co‑sharers by inheritance. The appellate Court found both pre-emptors and the pre-emptees as co-sharers by purchase and held that they had equal claim for pre-emption and allowed the pre-emptors' claim to the extent of 50% of the case lan......ng Bench in Civil Revision Nos. 1420 to 1423 of 1997). Judgment: MH Rahman J.- The appellants filed four different applications for pre‑emption, Miscellancous Case Nos. 14, 15, 18 and 19 of 1973 in the Court of Munsif, Fi...... We allow all the four appeals. The entire interest in the transferred plot will vest in the appellants. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 133 ..Category: Property Law | Date: | Hits: 72
State Vs. Abdul Muttaleb Khan alias Abdul Mataleb Khan, 1993, 22 CLC (AD)
....e respondent. The sentence of fine is also reduced to Tk. 250.00 in default the respondent will undergo RI for one month. Ed This case is also reported in: 45 DLR (AD) (1993) 131 ......eriod from 1.10.61 to 9.9.62 but did not deposit the amount to the Government treasury nor did he enter the receipts in the office records and registers and thereby misappropriated the said amount for personal gain. The respondent was once tried earlier and convicted under section 409 Penal Code......, used to maintain Register IV (Cash Book). Register V(treasury pass book), Register III (daily collection register), rent receipt book DCR, etc and that all Assistant Tahsilders used to hand over money collected by them to the respondent and it was his duty to prepare challan, write pass book a..Category: Criminal Law | Date: | Hits: 41
Secretary of Aircraft Engineers of BD & anr Vs. Registrar of Trade Union & ors , 1993, 22 CLC (AD)
....of them individually, an "establishment" within the meaning of section 2(iv)? We had no satisfactory answer from the learned Counsel for the appellants on this score. Before any group can claim to be an "establishment" it must first be "an office, firm, industrial unit, u...... to registration under this Ordinance unless it has a minimum membership of thirty per cent of the total number of workers employed in the establishment or group of establishment in which it is formed: Provided that more than one establishment under the same employer, which are all....... However, this Judgment will not affect the existing Agreements, if any, between any of the appellants and the Biman. Ed. This case is also reported in: 45 DLR (AD) (1993) 122 ..Category: Labour and Industrial Law | Date: | Hits: 103
Babar Ali Pramanik and others Vs. Mosar Ali Pramanik and others, 1993, 22 CLC (AD)
.... of rent even after institution of the present suit in 1987. The learned Subordinate Judge found that the appellants were lessees for only one year, 1389 BS and there was no paper in support of their claim of present lease. None has admittedly been produced and Mr. Khandkar has offered an explanatio......assed by the Subordinate Judge, Natore refusing to add the appellants as defendants in OC Suit No. 19 of 1987. 2. Material facts of the case are, that respondent No. 1 as plaintiff instituted the aforesaidsuit against the Government of Bangladesh (represented by the Deputy Commissioner, Natore) a......visional application of the appellants. The appeal is, accordingly, dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 120; 1994 BLD (AD) 235. ..Category: Procedural Law | Date: | Hits: 111
Jahiruddin Mollah (Md) Vs. Hosne Ara Begum and others, 1993, 22 CLC (AD)
.... 2573 were transferred by their own under a kabala dated 3 June 1976, whereupon appellant filed an application under section 96 of the State Acquisition and Tenancy Act before the Munsif, Faridpur, claiming pre-emption of both the plots taking the ground that these two plots contiguous to his own......rtion of Plo Nos. 2574 and 2573 were transferred by their own under a kabala dated 3 June 1976, whereupon appellant filed an application under section 96 of the State Acquisition and Tenancy Act before the Munsif, Faridpur, claiming pre-emption of both the plots taking the ground that these two ......on as a whole, that is of both the plots, we find, has been rightly refused. The appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 118 ..Category: Property Law | Date: | Hits: 72
Alfu Miah and others Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (AD)
.... any error of law resulting in an error in the decision occasioning failure of justice. 6. In Bangladesh Vs. Abdul Wadud and ors 25 DLR (SC) 90 where the court passed on ex parte decree allowing a claim based on construction works in spite of the plaintiffs' failure to produce the papers relating......t Division in Civil Revision No. 381 of 1985). Judgment: MH Rahman J.- The appellants filed Title Suit No.355of 1969 in the Court of Munsif, Dhaka against the Government and other respondents for permanent injunction in respect of CS Plot Nos. 11, 32 and 37 of SC Khatian No.139 of Mouza Nand......rom interfering with the impugned order in view of the particular facts of the case. The appeal is, therefore, dismissed. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 112 ..Category: Limitation Law | Date: | Hits: 271
Sompong Vs. State, 1993, 22 CLC (AD)
....t;517(1). When an inquiry or a trial in any criminal Court is concluded, the Court may make such order as it thinks fit for the disposal (by destruction, confiscation, or delivery to any person claiming to be entitled to possession thereof or otherwise) of any property or document produced......ge, Customs Preventive Unit, Mongla Port lodged an FIR with Mongla PS stating that on 28.6.88 at about 8.30 AM the appellant along with two members of the crew had come to the Customs Office and informed the informant that their trawler which was damaged had been lying at a distance. P.W. 1 visi......ized goods as passed by the Special Tribunal. The appeal is accordingly allowed and t1he impugned order set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 110 ..Category: Criminal Law | Date: | Hits: 62
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....s to be read very cautiously and the effect of the same cannot be ignored, particularly in the case of preventive detention where for preventing a person from doing prejudicial acts, the Govt. may claim privilege not to disclose the facts in the public interest. 49. Thus, I hold that the......der section (3)(1)(a) of the Special Powers Act, 1974. 3. In the grounds of detention it is stated that the detenu had been engaged in various anti‑social and unlawful activities, and for that there was resentment and hatred against him in the minds of the public. The detenu was pre...... a Mill, an order of detention was subsequently passed for the same incident. In AKM Shamsuddin Vs. Bangladesh 28 DLR 117 there were two criminal cases pending against the detenu for collection of moneys for an alleged unauthorised construction of a market on a private land, and then the order o..Category: Criminal Law | Date: | Hits: 88
Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
....at this vesting could not be questioned in any court of law. Government, however, indicated that the enterprise might be disinvested or transferred to the respondents if they could establish their claim that they are owners of the majority shares thereof. At one stage, during a short-lived amend......valid under the Nationalisation of Industrial Enterprises Order, 1972. 2. Facts of the case have been set out in detail in the Judgment of my learned brother Mustafa Kamal, J. I would therefore not repeat them but I shall discuss them in brief where it is necessary. Both these appeals......the Corporation, has seriously assailed the High Court Division's view about locus‑standi and has argued that the Corporation having a separate entity of its own and invested a huge amount of money in this enterprise, its interests are directly affected by the High Court Division's finding ..Category: Property Law | Date: | Hits: 65
Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
....e proceeding to continue. There is no cause or occasion for an interference for the ends of justice. All the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 48 ......) (1993) 48 ......11, 1989 plot Nos. 49, 49A, 49B and 49C were allotted to four different groups. Plot No. 49 was allotted to Md. Shahinur Islam, Md. Sadeque and Akhtara Begum at a total price of Tk. 23,22,600.00. The money was deposited on September 18, 1989. The lease deed was registered on October 21, 1989. On the..Category: Anti-Corruption Laws | Date: | Hits: 302
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
....;there must be evidence which establishes an agreement before it can be held that one spouse has acquired a beneficial interest in property which previously belonged to the other or has a monetary claim against the other". 15. Lord Diplock, however, held- "......the High Court Division, Dhaka in First Appeal). Judgment: MH Rahman J.- The husband, the appellant before us, instituted Tide Suit No. 226 of 1980 in the Court of Subordinate Judge. Third Court, Dhaka......August, 1980 when the relationship between the spouses became strained. On 25th February, 1982, the wife obtained a decree of dissolution of the marriage with her husband after foregoing her dower money. 3. The appellant's case is that his wife gave him possession of the land in 196..Category: Property Law | Date: | Hits: 80
Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)
....O (South), Dhaka received the case records of Proceeding Case No. 1506 a 4 /78 from the High Court Division and directed both the parties to submit written statement in support of their respective claims. Defendant Nos. 1-5, who were first party in the proceeding, submitted their written stateme......nd Md. Shahabul Huda Vs. Md. Sahafi 36 DLR (AD) 44, Re NP Essappa Chettiar AIR 1942 Mad. 756; The Corporation of Calcutta Vs. Bijoy Kumar and others AIR 1924 Cal. 334 and Commissioners for the Port of Calcutta Vs. Suraj Mull Jalan and others AIR 1929 Cal.464, Dinonomi Chowdhrani Vs. ......upon the facts and circumstances of each case. As a general rule an application to reject a plaint ought to be filed at the earliest possible opportunity, so as not to fritter away time, energy and money on a fruitless litigation. If a defendant prefers to file such an application after the issu..Category: Property Law | Date: | Hits: 81
Giasuddin Bhuiyan (Md) Vs. Chairman, Bangladesh Power Development Board & others, 1993, 22 CLC (AD)
....onviction. 6. This Civil suit was partly decreed and disposed of by judgment and decree dated 28.2.89. The learned Assistant Judge held in the said judgment that the PDB was not entitled to claim payment of any bill from the appellant from 5.5.85 but the appellant was liable to pay electr......n, Bangladesh Power Development Board & others................ Respondents Judgment August 31st, 1992. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate (Md. Lutifor Rahman Majumdar, Advocate with him) instructed by Md. Aftab Hossain, Advocate -on -Record- For ...... bills due from him. There is thus no substance in this appeal which is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 29 ..Category: Criminal Law | Date: | Hits: 71
Islam Ali Mia alias Md. Islam Vs. Amal Chandra Mondal and another, 1993, 22 CLC (AD)
....hy the accused said, as specifically stated by the complainant in his petition, that he would pay the balance after proper accounting. It appears that no joint accounting was made, nor the balance claimed by the complainant was an agreed one. The accused did not accept the figure as correct and ......uddin Ahmed CJ.- This appeal by leave calls in question an order of the High Court Division dated 30 October 1991 summarily dismissing the accused-appellant's application under section 561A Cr.P.C. for quashing a criminal proceeding against him. 2. The proceeding in question arises from a...... an unreported case (Criminal Petition No. 26 of 1991) wherein the Court refused to quash, a criminal proceeding under section 420 of the P.W. Code. In that case the accused received a huge sum of money from the complainant promising to secure for him a job in Abu Dhabi; neither did he procure a..Category: Criminal Law | Date: | Hits: 43
State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
.... deal of force in the submission of the learned Deputy Attorney‑General. It is clear from Ext. 2 that the respondent did not admit that he had brought the gold concealing it inside the bag. He only claimed ownership of the bag but not of the gold. It is evident therefore, that the statement could......particularly of gold has been defined in the Special Powers Act and this definition is exactly the same as that of smuggling under section 156(8) of the Customs Act. The offence is one and same. Therefore there is no question of joinder or misjoinder of charges. Though it has been made punishable ......0 in default RI for 6 (six) months more. The respondent is directed to surrender to his bail bond forthwith and serve out the sentence. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 13. ..Category: Criminal Law | Date: | Hits: 132
Abdul Hamid Kazi Vs. Abdul Jabbar Jamadar and others, 1974, 3 CLC (AD)
....t have not been impleaded in the present appeal. There is no dispute that the parties who will be affected by the judgment of the Court are on record and the parties that have been left out cannot claim any relief in this Court. Further, the contesting respondent before us cannot make out any ca......ud Hussain J.—This appeal is against the judgment of a learned Single Judge of the erstwhile High Court of East Pakistan. 2. The appellant filed Miscellaneous Case No. 320 of 1957 for pre-emption under section 96 of State Acquisition and Tenancy Act having land contiguous to the......is allowed; the judgment and order of the High Court are set aside and that of the learned Munsif are restored. In the circumstances of the case there will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 50
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
....Act. This application was opposed by the transferee (the present appellant) alleging that the application was not maintainable as the petitioner was not a co-sharer tenant. The transferee claimed to have effected improvement of the land in question 3. The application for pre-empt......lved: T. Ali, Senior Advocate instructed by Abdul Matin Khan Chowdhury, Advocate-on-Record— For Appellant. Jane Alam, Advocate, instructed by S.M, Huq, Advocate-on-Record—for Respondent. Civil Appeal No. 78-D of 1968, (On appeal from the ju......red by limitation. In the result the appeal fails. The judgment and order of the High Court are affirmed. In the circumstances of the case there will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 60
Begum Hamida w/o Abdul Hamid Vs. Abdul Hamid, 1974, 3 CLC (AD)
....means of the person ordered to pay maintenance. 10. Next point is whether there is any evidence or finding of neglect or refusal of the respondent upon proof of which maintenance can be claimed by the dependents, namely, the wife and the children. The learned Judg of the High Court ha......f the appellant could not honourably live with the respondent and she had to shift herself with her children in a separate rented house. She demanded maintenance from the respondent for herself and for her children but the respondent neglected and refused to maintain the appe...... the allegation that he had neglected and refused to maintain Begum Hamida and the four children. He contended that he had constructed a three storied building on his own land and with his own money in the name of Begum Hamida and that she had an income of Rs. 1300/- per month as rent from ..Category: Family Law | Date: | Hits: 146
Halcyon Steamship Co., Inc., USA Vs. Govt. of Bangladesh, 1974, 3 CLC (AD)
....y step is taken in the said proceedings, Section 34 of the Arbitration Act is reproduced below: "Where any party to an arbitration agreement or any person claiming under him commence any legal proceedings against any other party to the agreement or any ....... The second defendant is the shipping agent at Chittagong of the first defendant, a shipping company which filed the application under section 34 of the Arbitration Act. 3. The suit is for realisation of Rs. 90,204/- as compensation for an alleged loss sustained by the plaintiff owi......er examine the question of the validity of the preliminary objection. For the reasons given earlier we find no merit in this appeal, which is dismissed with costs. Ed. ..Category: Civil Law | Date: | Hits: 110
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