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Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Monowara Begum and others, 2006, 35 CLC (AD)
....ase and on transfer the case was registered as Miscellaneous Case No. 668 of 1998 in the Court of the learned District Judge. The learned District Judge by ex parte order dated 3-6-1999 decreed the claim of BSRS. 3. The respondents on 31-10-1999 filed an application under Order IX, rule 1......he mandatory provision of law. The High Court Division rightly set aside the decree illegally passed by the learned District Judge without complying with the provisions of law. The case is set back for trial rightly in accordance with law…………………&he......ed Unnecessarily which we disapprove. 14. In view of the discussion made above, we do not find any substance in this petition. The petition is, therefore, dismissed. Ed. ..Category: Civil Law | Date: | Hits: 95
Jainul Abedin Jamal Vs. Qais Huda and others, 2006, 35 CLC (AD)
....e notice dated 11-7-2001. 10. In the circumstances, we find no cogent reason to interfere with the judgment of the High Court Division. Both the leave petitions are dismissed. Ed. ...... The Bangladesh Abandoned Property (Management, Control and Disposal) Order, 1972 (P.O. No. 16 of 1972), Article 10 Tenancy right of the petitioner after death of his father continued as before as he was accepted as tenant by the abandoned property authority by receiving rent from him. If......es and authorized RAJUK for the purpose. The RAJUK invited tenders through various newspapers and pursuant to the tender notice the respondent had participated and deposited Taka 10,00,000 as earnest money quoting different price and among the bidders Messrs Chittagong Builders and Machineries Limit..Category: Tenancy Law | Date: | Hits: 67
Abdur Rashid Sarker (Md) and others Vs. Dines Chandra Das and others, 2006, 35 CLC (AD)
....istrict Judge), Gaibandha who heard the appeal concurred with the trial Court that the pre-emptor is a co-sharer, the case is not barred by limitation and that the pre-emptees could not prove their claim of Taka 5,000 as improvement cost. The learned Subordinate Judge further found that the pre-......to the pre-emptor during cross-examination in reply to the interrogatory served on him. Thus he was debarred from making such cross-examination regarding defect of parties and he was also debarred form raising the question of defect of parties at the stage of cross examination of the witness &he......im earlier. The appeal is, accordingly, dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 64
Agrani Bank. Vs. Ansarul Hoque and ors, 2006, 35 CLC (AD)
.... 2 of the Code of Civil Procedure respondent no. 1 brought the Writ Petition on the same subject-matter suppressing the pendency of the former suit. Such suppression disentitles respondent no. 1 to claim any relief in the Writ Jurisdiction as there could be conflicting decisions. Moreover the ord......strict Judge, Dhaka under the provisions of Order XXXVII rule 2 of the Code of Civil Procedure respondent no. 1 brought the Writ Petition on the same subject-matter suppressing the pendency of the former suit. Such suppression disentitles respondent no. 1 to claim any relief in the Writ Jurisdic......3,45,000 under deposit receipt FDR No. 000552-2344 dated 27-8-87 issued by the respondent No.2 Bank. That the petitioner presented order directing the respondent No. 1 to pay the certain sum of money under the Deposit Receipt above said, which the respondent Banker dishonoured by non-payment..Category: Banking Law | Date: | Hits: 101
Rajdhani Unnayan Kartripakha Vs. Abdul Jakir and others, 2006, 35 CLC (AD)
....I of 1982), Section 44 The Acquisition proceeding being completed long before and finalised and published in the Gazette on 24-12-87, it is too late for the Plaintiff to claim the relief sought for by him in the suit filed in 1997 on the basis of his deed of sale dated...... The Acquisition & Requisition of Immovable Property Ordinance, 1982 (II of 1982), Section 44 The Acquisition proceeding being completed long before and finalised and published in the Gazette on 24-12-87, it is too late for the Plaintiff to cl......, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. Resultantly the suit stands dismissed. Parties do bear their respective costs. Ed. ..Category: Property Law | Date: | Hits: 51
Agrani Bank and other Vs. Essential Garments Ltd. and others, 2006, 35 CLC (AD)
.... The Constitution of Bangladesh, 1972, Article 102(2) The revenue authorities were not within their jurisdiction in setting aside the auction sale at the instance of a person who has not claimed title in the property sold in auction in the certificate proceeding initiated as per provi......ant, Agrani Bank, and, as such, they are not defaulter borrowers, that the claim of the Bank to the extent to Taka 8,19,63,687.70 is false and without foundation, that in the suit they have prayed for injunction and also for recovery of Taka 13,77,93,429.21 on account of damage and compensation,......export of readymade garments and enjoying loan, overdraft and banking facilities from the appellant Bank, that they have filed Title Suit No. 10 of 1998 seeking declaration that they do not owe any money on any account to the Bank i.e. the appellant, Agrani Bank, and, as such, they are not defau..Category: Banking Law | Date: | Hits: 121
Abdul Mannan Vs. Tayeb Ali and others, 2006, 35 CLC (AD)
....rit. 16. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ...... decree dated August 25, 1969 of the Court of Munsif (now Assistant Judge) Sunamganj, Sylhet in Title Suit No. 176 of 1968 dismissing the same. 2. The suit was filed seeking a decree for specific performance of contract for sale of land. 3. The suit was filed with the aver......attached to the plaint on 15th Kartik, 1372 BS corresponding to November 1, 1965 for a consideration of Taka 500, that the defendant on that date executed a kabala upon receiving the consideration money and while the same was presented for registration the authority did not register the document..Category: Property Law | Date: | Hits: 66
Fatema Khatun and others Vs. Abdul Quddus, 2006, 35 CLC (AD)
....emption of the transfer made by the deed executed on May 28, 1988 and presented for registration on May 28, 1988 and registered as per provision of section 60 of the Registration Act on 15-10-1988 claiming to be a co-sharer of the holding land of which was transferred by the aforesaid deed and c.......(27) The language of Section 89(44) and section 96(1) of the S. A. T Act is explicit, that notice is to be served on the co-sharer(s) of the holding on the date of presentation of the deed for registration and only such co-sharer(s) is competent or entitled to seek preemption…&hel......case was filed on January 2, 1989. 4. In the background of the aforesaid facts it was contended by the pre-emptee Fatema Khatun, that the transfer in question was made in lieu of the dower money Taka 37,000 and that the transfer being discharge of the dower debt the same was valued at Ta..Category: Property Law | Date: | Hits: 55
Government of Bangladesh and another Vs. Md. Afsar Ali and others, 2006, 35 CLC (AD)
....left the case house as abandoned and hence the same rightly vested in the government under President's Order No. 16 of 1972. It was further held petitioner had not been able to establish his claim to be the son of Sk. Shamsuddin. On the above findings the case was dismissed by the Court of......icha, Dhaka in Case No. 869 of 1987 in respect of House No. 12/4, Block-F, Joint Quarter, Mohammadpur, Dhaka. 2. Respondent No. 1 filled the writ petition contending, inter alia, that the aforesaid house was allotted by the Government to his father Sk. Shamsuddin by registered lease deed......ition No. 43 of 1996 making the Rule absolute is hereby set aside and the judgment and order dated 1-5-1995 passed by the Court of Settlement in case No. 869 of 1987 is restored. Ed. ..Category: Property Law | Date: | Hits: 77
Bangladesh Telecommunication Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
....o not furnish a sure guide for the interpretation or construction of a statute but sometimes a perusal of the substantive provision does suggest that they are intended to give effect to the object proclaimed in the long title and the Preamble. 33. The duty of the Court is to expound the law as it......ing "we hold that the Act of 2001 is applicable in respect of all the matters as mentioned in section 3 of the Act and the BTRC is the sole and exclusive authority to grant such license necessary for the purpose in the manner as provided in the Act and no separate licence from the Ministry o......istent with the broad objectives of the Commission specified in section 29 making it a mandatory consideration. 13. Dr. Hossain, the learned Counsel, submitted that the writ petitioner brought the money from the foreign sector and is a foreign investor and invested a huge amount of money pursuant..Category: Information Technology Law | Date: | Hits: 266
Yogeshwar Gope Vs. State, 2005, 34 CLC (AD)
....thereupon being sent for trial, the learned Sessions Judge framed charge against the accused petitioner and others under sections 302/326/448/34 of the Penal Code to which they pleaded not guilty and claimed to be tried. During trial the prosecution examined 12 witnesses while the accused did not pr......se of PW 1, so the inmates of the house are the natural witnesses………(15) Direct evidence of recognising the assailant in stabbing the deceased victim cannot be discarded or discredited only for absence of blood at the place of occurrence. There may be various reasons for not finding blood ...... In view of the discussion made above we do not find any substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 982; 11 MLR (AD) 2006, 226. ..Category: Criminal Law | Date: | Hits: 47
Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)
....Court considered the quantum of land purchased by the plaintiff from individual plots and the quantum of land acquired from the individual plots and found that the plaintiffs succeeded to prove his claim of 4.17 acres of land and, therefore, decreed the same accordingly, in his favour. 9.......tten statement and ultimately disposing of the suit ex parte. It is evidently wrong and not maintainable in law. In the interest of justice, the case must be sent back on remand to the trial Court for giving reasonable opportunity to the appellant to contest the suit……..…&he......aka 3,000 in favour of the plaintiff-respondent No. 1 within two months from the date of receipt of this order by the trial Court, in default, this appeal shall stand dismissed. Ed. ..Category: Property Law | Date: | Hits: 66
Girilal Garwala Vs. Collector of Customs, Chittagong and others, 2006, 35 CLC (AD)
.... petition contending that the assessment of customs duty @ 45% on the imported Dunpeas (motor dal) fixing the tariff value @ US$ 280 per MT is valid and lawful. The High Court Division rejected the claim of the petitioner that the consignment imported by the petitioner was Dunpeas (whole). ......of Customs, Chittagong and others..........................Respondents Judgment October 26, 2003. The Constitution of Bangladesh, 1972, Article 105 The ground taken for review indicates that the petitioner intends re-hearing of the whole civil petition which has b......hearing of the whole matter by entering into the facts of the case which this Division cannot do in such situation. Accordingly, the review petitions are dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 88
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....ted in 27 DLR (SC) 104 it has been observed "Omissions amount to contradiction when they are on vital points". 18. Material fact(s) absent in the initial statement of the witness claimed to be an eyewitness of the occurrence or in the earliest version given by the witness...... felt pain in her mind because of demand of dowry and torturing her in not meeting the demand of dowry. This circumstance is a negation of the contention of absence of any evidence as to torturing for non-payment of dowry. In material Exhibit 1C, the trial Court observed that there is evi......it was the case of the prosecution that the condemned prisoner and the members of his family since marriage of the informant's sister with the condemned prisoner used to insist the victim to bring money from the house of her father and also used to torture her for non compliance of the demand of..Category: Criminal Law | Date: | Hits: 59
Dulal Chandra Das & ors Vs. Ratan Chandra Sarker and others, 2006, 35 CLC (AD)
....spondents Judgment November 3, 2003. The Limitation Act, 1908 (Act IX of 1908), section 149 As the property vested in the Government by operation of law in 1978, to claim any right by adverse possession, the plaintiff is required to possess the suit land for more ......ct IX of 1908), section 149 As the property vested in the Government by operation of law in 1978, to claim any right by adverse possession, the plaintiff is required to possess the suit land for more than sixty years. Thus the High Court Division was totally wrong in making the rule absol......tion, both the appeals are allowed without any order as to cost, the judgment and order passed by the High Court Division in Civil Revision Nos. 149 and 560 of 1996 are set aside. Ed. ..Category: Property Law | Date: | Hits: 51
Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
....in filed Miscellaneous Case No.183 of 1986 before learned Subordinate Judge, 2nd Court, Dhaka for setting aside the aforesaid ex parts decree, which was dismissed for default on 7-2-89. The appellant claimed to have been in continuous peaceful possession of the suit property since 20-12-71 and was n......to sell the same to the appellant on receipt of Taka 13,500 as advance out of total consideration money of Taka 15,000 and delivered possession of the same to the appellant on the same day as part performance of the agreement for sale. Before the execution of the deed Abdul Hafiz died in January 197...... house and lived there. The said Abdul Hafiz entered into an agreement on 20-12-71 with the appellant to sell the same to the appellant on receipt of Taka 13,500 as advance out of total consideration money of Taka 15,000 and delivered possession of the same to the appellant on the same day as part p..Category: Property Law | Date: | Hits: 108
ASI Md. Ayub Ali Sardar and another Vs. State, 2005, 34 CLC (AD)
.... that the learned Additional Sessions Judge found from the aforesaid report Exhibit 8 that during inquiry the firing of the police was not found to be justified and so the plea of the two petitioners claiming themselves to be discharging their duties in their official capacity and the act of firing,...... application in the present case…………..(21) The two petitioners as members of the Police Establishment were on official duty but in disregard of their duty they committed most heinous crime for which they have been rightly sentenced to death. The Appellate Division disapproved leniency in ......their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13...Category: Criminal Law | Date: | Hits: 78
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....d. 4. Articles of the Constitution, which, according to the appellants, have been violated by the impugned (Repeal) Ordinance are Articles 9, 11, 59 and 60. Article 7(2) of the Constitution proclaims the supremacy of the Constitution" as the solemn expression of the people's will" and provide......s. Union of India, AIR 1987 SC 232; AK Roy Vs. Union of India, AIR 1982 SC 710; KCG Narayan Deo vs. State of Orissa, AIR (1953), SC 379; Ontario vs. Reciprocal Insurers, 1924 AC 328; Attorney General for Alberta Vs. Attorney General for Canada, 1939 AC 117; Sheela Barse Vs. State of Moharastra, AIR ......onsibility thrust upon him overnight. Again, as the local government at Thana was inextricably mixed up with the central government affairs, run entirely by the Government's officers with governments money, it is in fact a hybrid of the two government entities. Anyway had this system of local govern..Category: Constitutional Law | Date: | Hits: 655
Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)
....of its business. In the instant matter, it is no body's case that any financial assistance was given by or sought from the respondent Bank for the purpose of purchasing its shares. The UCBL rather claimed that its former director, namely, the judgment‑debtor No. 2, had deposited his share ......ect of 25000 shares of Tk. 100 each of the United Commercial Bank Limited, briefly UCBL (respondent No. 1 herein) registered in the name of Khondkar Mahtabuddin Ahmed, judgment-debtor No. 2 in the aforesaid Admiralty Suit. 2. Facts of the case, briefly, are that the appellant obtained a d......person of any shares in the company: Provided that nothing in this section shall be taken to prohibit, where the lending of is part of the ordinary business of a company, the lending of money by the company in the ordinary course of its business. 12. From a reading of the..Category: Business or Commercial Law | Date: | Hits: 124
Abu Bakar Siddique (Md) Vs. Kafiluddin and others, 1992, 21 CLC (AD)
....as not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ......vocate, (Md. Azizul Hoque, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record -For the Petitioner. Not represented –Respondents. Criminal Petition for Leave to Appeal No. 18 of 1991. (From the Judgment and order dated 10.12.90 pass......as not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ..Category: Criminal Law | Date: | Hits: 61
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