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Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....he respondent's name was at serial No. 3: "Professor Golam Azam, s/o. Golam Kabir of Birgaon, Police Station Nabinagar, District Comilla and of Elephant Road, Maghbazar, Dhaka." 3. The respondent claims that his father, grand-father and he himself were all born in this country. He became the Ame......erved on him were without lawful authority. 2. The material portion of the notification reads as follows: "Whereas it appears that the persons specified below have been staying abroad since before the liberation of Bangladesh and by their conduct cannot be deemed to be citizens of Bangladesh...... decision may have or may be viewed to have momentous consequences. One may say that the twelve‑to‑two decision in the Hampden's case (1637) in favour of the King's prerogative right to issue shipmoney led to the struggle between the King and his Parliament or that the decision in Godden Vs. Hal..Category: Immigration and Citizenship Law | Date: | Hits: 522
Zahirul Islam Vs. National Bank Limited and others, 1993, 22 CLC (AD)
....al if the petitioner's remedy by way of appeal is not already barred. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in:46 DLR (AD) (1994) 191 ...... Asrarul Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record - For the Petitioner. Shamsul Haque Siddique, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 359 of 1991. Judgment Mustafa Kamal J.- The petitioner was a guarantor......al if the petitioner's remedy by way of appeal is not already barred. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in:46 DLR (AD) (1994) 191 ..Category: Civil Law | Date: | Hits: 139
Rupali Bank Ltd. Vs. Tobacco Industries Ltd. and others , 1994, 23 CLC (AD)
....petitioner bank, which should better take action against its own wrong doers, if any. The Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 190 ......Involved: Shaheed Alam, Advocate, Supreme Court, instructed by Md. Sajjadul Huq, Advocate-on -Record - For the Petitioner. Not represented -For the Respondents. Civil Petition for Leave to Appeal No. 200 of 1992. Judgment: &n......petitioner bank, which should better take action against its own wrong doers, if any. The Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 190 ..Category: Banking Law | Date: | Hits: 106
Nurul Islam and another Vs. The Secretary, Ministry of Law and Justice & others, 1994, 23 CLC (AD)
....etition is from Judgment and order dated 30th June, 1992, passed by a Division Bench of the High Court Division, Dhaka, in Writ Petition No. 696 of 090, discharging the Rule. 2. Petitioners, claiming themselves as the President and Secretary respectively of the Bangladesh Registration TC ......cord- For the Petitioners. Dr. Rafiqur Rahman, Senior Advocate, Supreme Court, instructed by Sirajur Rahman, Advocate-on-Record -For the Respondent Nos. 5 and 6. Civil Petition for Leave to Appeal No. 532 of 1992. Judgment: &nb......nation has been successfully made out to call for our interference in the matter. 12. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 188 ..Category: Employment/Service Law | Date: | Hits: 66
Eastern Insurance Co. Ltd. Vs. D B Deniz Nakliyati TAB and others , 1994, 23 CLC (AD)
....he petitioner, have been returned to him with liberty to file the same in any appropriate Court. 2. Petitioner, Eastern Insurance Company Ltd., is the Insurer who already paid the insurance claim in respect of the goods for which he had stood surety, but which were damaged by the master ....... M Hafizullah, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record – For Respondent Nos. 1 and 2 (in CP No. 39 and CP Nos. 46 to 48 of 1991). Civil petitions for Leave to Appeal Nos. 39 and 46 to 48 of 1991 Judgment: &nb......oods for which he had stood surety, but which were damaged by the master or crew of the vessel. After the said goods were brought into Bangladesh, the petitioner filed the suits for recovery of the money he paid as an Insurer. An application was filed before the Admiralty Court by defendant Nos. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 218
Arifur Rahman alias Bablu Vs. Shantosh Kumar Sadhu and another, 1994, 23 CLC (AD)
.... against the accused. The High Court Division correctly refused to quash the proceeding. The appeal is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 180 ......Appeal No. 1 of 1993. Judgment: MH Rahman J.- Respondent No. 1 a jute-merchant, filed a petition of complaint before the Thana Magistrate, Tala, accusing, inter alia, that on October 26, 1991, the accused appell...... the goods, but the accused did not pay the balance within three days. Thereafter, on several dates the complainant, along with witnesses, went to the house of the accused and demanded the balance money, but without any success. On October 14, 1992, when the complainant again went to the house o..Category: Criminal Law | Date: | Hits: 70
Additional Deputy Commissioner (Revenue), Manikgonj Vs. Md. Siddiqur Rahman & ors, 1994, 23 CLC (AD)
....; Shahabuddin Ahmed CJ.- Defendant No. 5 is the petitioner and the matter arises from a suit relating to a property which the defendants claim to be a vested and non‑resident property, leased out to Defendant No. 7. Plaintiffs-res......: Moksudur Rahman, Senior Advocate, Supreme Court, instructed by Md. Aftab Hossain, Advocate-on-Record -For the Petitioner. Not represented-For the Respondent. Civil Petition for Leave to Appeal No. 151 of 199 1. Judgment: &......dur Rahman. The summary rejection of the revisional application is perfectly justified. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 179 ..Category: Property Law | Date: | Hits: 62
Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others, 1994, 23 CLC (AD)
....Rin Adalat to allow instalments in the payment of decretal dues………………………………….(10) The Adalat Act, however, does not contain any express provision barring a defendant from claiming a set-off or counter-claim in a written statement……………………………(12) I...... the Code of Civil Procedure, 1908 In express terms the Adalat Act has made several departures from the Code of Civil Procedure. Section 5(ka) provides that a hearing of a suit cannot be adjourned for more than three times and the suit has to be disposed of within six months from its institution.......d to claim of set-off in the written statement against the plaintiffs demand under Order VIII Rule 6 of the Code of Civil Procedure which is as follows: "6.(1) Where in a suit for the recovery of money the defendant claims to set‑off against the plaintiff's demand any ascertained sum of money ..Category: Banking Law | Date: | Hits: 168
Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)
....aken into notice this position of law, but has observed that the appellant could not show or produce any copy of the notice under section 5(1) of the Act. The respondents challenged the appellant's claim that any notice was published under section 5(1) or served under section 5(3) of the Act. Bu......sp; Shahabuddin Ahmed CJ.- Government is the appellant in this appeal by special leave. The main question raised here is whether the limitation for filing an appeal against a decree will run from the date of the decree or from the date on whic......s not traceable when the matter was dealt with by the Arbitrator and then by the High Court Division. Be that as it may, when compensation was assessed whether provisionally or not, the bulk of the money of compensation was received in the years following 1968. It can be presumed that notice was..Category: Procedural Law | Date: | Hits: 104
Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)
....ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ......nt Nos. 2 and 3 submitted any affidavit-in‑opposition and no one appeared at the time of hearing of the Rule. The learned Judges of the High Court Division after hearing the learned Advocate for the appellants for 3 days made the Rule absolute and wrote out a lengthy judgment on the merit ......Rajdhani Unnayan Kartripakha is a public institution run with public funds and it owes an explanation to the public as to why it should allow a contentious litigation of this kind involving public money and public interest to go by default. In the interest of an accountable public administration..Category: Procedural Law | Date: | Hits: 102
Secretary, Min of Ind., Nationalised Industries Division Vs. Saleh Ahmed & anr, 1994, 23 CLC (AD)
..../owners the Bangladesh Textile Industries Corporation issued a Public Notice on 10.8.77. asking the Bangladeshi share‑holders of Mohammadi Calendering and Printing Mills Ltd. to submit their claims for the return of the said Mills and accordingly, the petitioner submitted the share certifi...... of 1979 from WP 701 of 1977. Judgment: Badrul Haider Chowdhury J.- Those two petitions for special leave to appeal are directed against the judgment and order passed by the High Court D......t;to do that which is required by law to do." 12. In the result, therefore, both the petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 148 ..Category: Constitutional Law | Date: | Hits: 157
Chairman, Civil Aviation Authority of Bangladesh Vs. Kazi Abdur Rouf and others, 1994, 23 CLC (AD)
....ormed under Regulation 20 (1) upto 11.1.87 before expiry of which the then Headmaster of the school started questioning the application of Regulation 20(1). The writ petitioner himself nowhere made a claim that since 1987 the school was being run by a Managing Committee formed under Regulation 4(1).......ard of Intermediate and Secondary Education, Dhaka (respondent No. 4 herein) to the Chairman, Bangladesh Civil Aviation Authority, Kurmitola, Dhaka (Respondent No. 5 herein) requesting, the latter to form an ad hoc Committee as a first step in the formation of a regular Managing Committee of the Sta......e public? The writ petition itself was misconceived. For all the above reasons the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 145. ..Category: Property Law | Date: | Hits: 86
Suchitra Kumar Das Vs. Sree Indu Bhushan Sarker, 1994, 23 CLC (AD)
....on of the High Court Division the appellant moved this Court and obtained leave to appeal on the following grounds: i) Whether the conciliation Court has the jurisdiction to decide the claim in the absence of, written contract. ii) Whether Part II (b), which gives jurisdic......by special leave is directed against the judgment and order passed by the High Court Division in Second Miscellaneous Appeal No. 9 of 1973 on July 30, 1979. 2. The respondent filed a case before the Chairman, Kalibari Union Committee, Barisal against the appellant and another for arrears ...... 4. In interpreting whether the word 'contract" as occurs in sub‑section 1 of Section B Part I of the schedule which confers jurisdiction in respect of "suit for the recovery of money due on contract, receipts or order documents" on the Union Council if the impugned clai..Category: Property Law | Date: | Hits: 70
Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)
.... and the balance amount to be paid within 6 months from the date. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 133 ...... Division in FA No. 68 of 1962. 2. The appellants are plaintiffs. They filed a suit being Other Suits No. 60 of 1959/20 of 1961 in the Court of Subordinate Judge, 2nd Court, Chittagong for declaration and confirmation of possession on the ground, inter alia, that the sale in questio......s property belonged to Nanibala, mother of the appellants who died leaving the plaintiffs as her heirs and at the time of her death the plaintiffs were minors. The plaintiff's father borrowed some money from the defendant-respondent bank and their mother stood surety and the disputed property wa..Category: Property Law | Date: | Hits: 130
Abul Kalam Azad and another Vs. Sunhar Ali and others, 1994, 23 CLC (AD)
....r relating to recalling of PW I is necessarily set aside. Accordingly, both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ......evision Nos. 146 and 147 of 1987, making the Rules absolute after setting aside the two orders passed by the Munsif, Additional Court, Sylhet in Title Suit No. 117 of 1986, rejecting the applications for amendment of the written statement and for recalling PW 1 for re‑examination. 2. To narrate......se, observed in his judgment that there is inordinate delay in filing this application for amendment of the written statement but he allowed this by holding that the same can be compensated by giving money and consequently awarded cost of Taka 1000.00 as compensation to the plaintiffs. It must be st..Category: Tenancy Law | Date: | Hits: 81
Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)
....ing an order of acquittal into one of conviction under Regulation 3(4) of MLR No. 1/82, the orders of the CMLA in all these cases were passed without jurisdiction and that being so, the same cannot claim immunity from challenge under paragraph 19(2) of the Fourth Schedule of the Constitution. It ...... Civil Petition No. 119 of 1991. Judgment: ATM Afzal J.- In all these matters, the question for consideration is whether the Chief Martial Law Administrator, briefly the CMLA, had jurisdictio......thout any order as to cost (in CA No. 51/89). The petition for leave to appeal No. 119/91 is also dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 01 ..Category: Constitutional Law | Date: | Hits: 174
Abdul Aziz Vs. Abdul Majid, 1994, 23 CLC (AD)
....he basic reason why a notice under section 106 of the Transfer of Property Act is mandatory in a case of eviction under the Ordinance. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 121. ......d to serve a notice under section 106 of the Transfer of Property Act. Unless the tenancy is‑ determined by giving a notice as contemplated under section 106 of the Transfer of Property Act no suit for ejectment of a monthly tenant can be filed………………………..(13) Per Mustafa Kama......cises the option. If he wishes to continue as a tenant it is he who has to be ready and willing to pay rent to the full extent allowable by the Ordinance. If he sent the rent after expiry of lease by money order and the landlord refuses to accept, and if he makes a timely deposit of the same to the ..Category: Tenancy Law | Date: | Hits: 87
Zahirul Islam and Abul Kalam Azad Vs. National Bank Limited and others , 1994, 23 CLC (AD)
....er Order 41, rule 22 of the Code of Civil Procedure. The cited case has got no relevance. The petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 110 ....... Dr. M Zahir, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record (In CP No. 318193) - For the Respondent No. 1. Not Represented -Respondents. Civil Petition for Leave to Appeal Nos. 251 and 318 of 1993. (From the judgment and order dated April 20, 1......er Order 41, rule 22 of the Code of Civil Procedure. The cited case has got no relevance. The petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 110 ..Category: Civil Law | Date: | Hits: 122
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....appellants responsible for this partial breach of the contract since, in terms of the contract, the appellants were bound to give undisputed possession of the site of construction. The compensation claimed in Bill No. 1 was estimated at Taka 15,63,737. The respondents submitted three more Bills N......ns 30 and 33 of the Arbitration Act, 1940. The learned Subordinate Judge had, in his judgment, modified an award dated 20 September 1990 made by an Arbitrator appointed by the parties to a contract for construction work. The main question raised for determination in these two appeals before us re......0. By his award, the Arbitrator reduced the respondent's claim of Taka 24,51,570.00 to Taka 20,40,712.00 and thereon he allowed interest at the rate of 16%, from 1 July 1984 till realisation of the money. 3. The first party to the Arbitration Proceeding, namely these respondents (contracto..Category: Business or Commercial Law | Date: | Hits: 98
Khondaker Mahtabuddin Ahmed, MD Vs. Matin Tea and Trading Company , 1994, 23 CLC (AD)
....t the court at Moulvibazar was competent to entertain the suit. The petition has thus no merit and is accordingly dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 92 .......Respondent-Plaintiff Judgment January 18, 1994. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908), section 20 & Or. VII r. 10 Cause of action for the suit arose from the stoppage of supply of tea to the plaintiff from the tea estate within th......r. VII r. 10 Cause of action for the suit arose from the stoppage of supply of tea to the plaintiff from the tea estate within the jurisdiction of Moulvibazar and subsequent refusal to adjust the money due to the plaintiff. No manner of doubt, therefore, that the Court at Moulvibazar has the jur..Category: Procedural Law | Date: | Hits: 91
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