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Bangladesh Vs. Shirely Anny Ansari, 2000, 29 CLC (AD)
....while disposing of the writ petition has lost sight of the fact that when a property has been enlisted as abandoned property the Government has no obligation either to deny the fact alleged by the claimant or to disclose the basis of treating the property as abandoned property. The onus is on th......by leave is against judgment and order dated 3-3- 1999 passed by the High Court Division in Writ petition No. 7756 of 1997 making the Rule absolute. 2. Respondent as Writ Petitioner filed aforesaid writ petition stating that she is a British national by birth and was married to Dr. WA An......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)
....r section 12 of the Ordinance does not render the land liable to be released under that section as the same was not applicable in case of land requisitioned under section 93A of the Act. Similarly claim for release of unutilized land is not a vested right nor failure of the requiring body to uti...... The Acquisition and Requisition of Immovable Property Ordinance, 1982 (II of 1982), section 12 Non-payment of compensation within one year from the date of decision of the Government for acquisition of land as contemplated under section 12 of the Ordinance does not render the land......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. ......ocate (Amirul Islam, Senior Advocate with him) instructed by Aftab Hossain, Advocate-on-Record—For the Respondent Nos. 1 & 2, Not represented—Respondent Nos. 3 & 4. Civil Petition for leave to Appeal Nos. 724 and 726 of 1999. (From the Judgment and order dated 10 May 1999 and......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)
....a 6,36,032.00 was realised from the respondent as excess customs duty, sales tax and other charges illegally and appellant Nos. 1-3 were directed to return to the respondent the said sum. As to the claim of refund of Taka 1,87,670.56 as excess wharf rent, the High Court Division held that was no......Rahman……………………. Respondent Judgment June 1, 2000. The Constitution of Bangladesh, 1972, Article 102 (i) When a provision for appeal in a statute is attended with an inviolable and non-relaxable condition of payment of fi......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. ......Tenancy Act, 1951 (XXVIII of 1951), Sections 95 & 95A The Code of Civil Procedure, 1908 (V of 1908), Order XXI, rule 34 The President’s Order No. 88 of 1972 created special forum for restoration of mortgaged property. But it did not take away right of redemption available......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. ......ellip;…….Respondent Judgment: December 7, 1999. The Artha Rin Adalat Ain, 1990 (IV of 1990), Section 7(2) Bank guarantee can not construe security deposit for preferring an appeal against the decree of Artha Rin Adalat. Lawyers Involve: M......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)
....terlocutory order passed by the Artha Rin Adalat. 13. Artha Rin Adalat has been set up under the Artha Rin Adalat Ain, 1990 with a judicial officer as presiding officer for adjudication of claim loan by the financial institutions which include banks. No special procedure has been provid......om the specific mention of the Code in sub-section (5) of section 5 of the Ain it is clear that the provision of Order 9 rule 9 of the Code may be followed by the plaintiff financial institution before the Artha Rin Adalat for setting aside an ex parte order of dismissal of the suit for default.......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.......), Order VII rule 11(d) There is no illegality in holding that the question of limitation and res judicata are mixed question of law and fact which need through investigation on adequate evidence for arriving at a correct decision on framing specific issue by the trial court and on such grounds ......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. ......d: Md. Wahhab Miah, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record — For the Petitioners. Not represented — The Respondents. Civil Petition for Leave to Appeal No. 969 of 1998. (From the judgment and order dated 20 November, 1997 p......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
Bangladesh Vs. East West Property Development Private Ltd. & others, 2000, 29 CLC (AD)
.... judgment and order dated 14-08-97 passed by a Division Bench of the High Court Division in Writ Petition No. 3165 of 1997 making the Rule Nisi absolute. 2. The writ-petitioner-respondent claims to have purchased 47.75 acres of land which originally belonged to Bhawal Raj Estate and whi......llip;….………………Respondents Judgment July 1, 1999. The Constitution of Bangladesh, 1972, Article 102. It was absolutely necessary for the High Court Division to comment on the petitioner’s title to and possession of the dis.......75 acres of land. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 43. ..Category: Constitutional Law | Date: | Hits: 164
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. ......ho refused to accept the cost of Taka 1000.00 beyond the time set down by him, while sending the case on remand. 2. The plaintiff, now respondent No. 1, instituted Title Suit No. 261 of 1991 for specific performance of a contract for sale. An Assistant Judge of Dhaka decreed the suit agai...... 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. ......; November 21, 1999. The Code of Civil Procedure, 1908 (V of 1908), Section 2(2) The Non-Agricultural Tenancy Act, 1949 (XXIII of 1949), Section 24(11) In a suit for partition, after filing of the report along with the case map, field book, saham list by the Ad......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
....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.
......rs over whom the contractors have absolute control. Attendance sheet of those labourers is maintained by the contractors to whom they are responsible. The contractors are liable to compensate the KPM for any default of the workers and such labourers can not be termed as the workers of KPM. The terms......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
Mustafa Kamal and another Vs. Commissioner of Customs and others, 1999, 28 CLC (AD)
....in the writ petition itself the High Court Division should not entertain the petition and dismiss it in limine. 18. If the writ petitioner annexes relevant and reliable documents in support of its claim that the impugned fixation of tariff value is grossly inflated and is abnormally higher than t......ion Bench of the High Court Division in Writ Petition Nos. 4336 and 4337 of 1996 discharging the Rules Nisi. 2. Both the writ petitioner-appellants opened two separate letters of credit on 26-8-96 for import of Soda Ash Light from China under HS Code No. 2836.20 at the rate of US $ 130 per metric...... lawful authority insofar as they relate to Soda Ash Light. In the result, the two appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 1. ..Category: Business or Commercial Law | Date: | Hits: 165
Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)
....reau, both verbally and in writing that he had not made any complaint against the respondent’s agency and somebody must have used his name. The respondent annexed a copy of the said information and claimed that the allegation was thus false and concocted and yet a warning notice was issued on such......appellants. 2. The respondent’s case in the writ petition was that he carries on business of export of manpower to different countries as proprietor of Metropolitan International holding licence for the purpose issued by the Government under the provision of the Emigration Ordinance, 1982 (Ordi......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)
....ent No. 2 on 28-4-84 in the aforesaid GR Case. 4. On 28-2-85 respondent No. 2 instituted Money Suit No. 8 of 1985 in the First Court of Subordinate Judge, Dhaka against the petitioner claiming Taka 35, 59,102.40 being his dues Out of the said Air Conditioning work. The petitioner al...... Ansarul Huque, Petitioner in person. Awlad Ali, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record — For the Respondents. Criminal Petition for Leave to Appeal No. 94 of 1995. (From the judgment and order dated May 2, 1995 pa......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
Abdul Kaiyum (Md) Vs. Krishnadhan Banik being dead, his heirs Bijan K Banik & ors, 1997, 26 CLC (AD)
....icate that the successful applicant must be put into possession and words “present possession” in rule 103 mean that the plaintiff in a suit filed thereunder shall have to establish his claim to get the present possession and do not mean that he shall have to establish his claim to r...... Md Fazlul Karim, Senior Advocate, instructed by Md Aftab Hossain, Advocate-on-Record — For the Petitioner. Not represented—Respondents. Civil Petition for leave Appeal No. 209 of 1997. (From the judgment and order dated November 27, 199......ugned judgment or in the revision petition before the High Court Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 140 ..Category: Property Law | Date: | Hits: 64
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. ...... Lawyers Involved: AKM Nurun Nabi Khan, Advocate, Supreme Court, instructed by Md. Nawab Ali, Advocate-on-Record — For the Petitioner. Not represented — the Respondent. Civil Petition for Leave to Appeal No. 343 of 1994. (From the Judgment and order dated 27-2-1994 passed by the ...... 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
Abdur Rouf (Md) Vs. Abdul Hamid and others, 1997, 26 CLC (AD)
....nder section 9 of the Specific Relief Act, notwithstanding any other title that may be set up in such a suit, the person dispossessed without the consent or otherwise than in due course of law can claim for recovery of the possession. In the present case, the learned Single Judge of the High Cou......Lawyers Involved: Syed Dastagir Hossain, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Petitioner. Not represented-the Respondent. Civil Petition for Leave to Appeal No. 154 of 1995. (From the Judgment and order dated 29-11.94 passed by ......tted any illegality in affirming the decision of the trial Court. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 423, 49 DLR (AD) (1997) 133 ..Category: Property Law | Date: | Hits: 61
Azizul Haque Sikder and others Vs. Collector of Customs, Chittagong and others, 1997, 26 CLC (AD)
.... present appellants in the said AT Case asked for a declaration that the gradation list of the Appraisers published by the Collector of Customs Chittagong on 26-11-88 was illegal and unlawful They claimed that as per memo of the Board of Revenue dated 21-6-77 and as per the Principal Appraisers ......ng the appeal and upholding the judgment and order dated 12-9-91 passed by the Administrative Tribunal, Dhaka in AT Case No. 77 of 1990. 2. The present appellants in the said AT Case asked for a declaration that the gradation list of the Appraisers published by the Collector of Customs C......own by both the Tribunals below. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 172 ..Category: Administrative Law | Date: | Hits: 160
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