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Khan Md. Firoj Kabir Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
.... passed by the learned Assistant Judge, 4th Court, Dhaka in Title Suit No. 278 of 1997 rejecting the application filed by the plaintiff/appellant praying for fixing the next date of the suit for ex parte hearing in view of the default of the defendants to file written statement within two months......nbsp; Accordingly, the appeal is dismissed without any order as to cost. Ed. ......nbsp; Accordingly, the appeal is dismissed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 120
Arif A. Shekha and others Vs. Secretary, Ministry of Industries and another, 2007, 36 CLC (AD)
....in the rider added by the High Court Division. 16. We have considered the submissions and perused the materials on record. Though lengthy submissions have been advanced in the appeal by both the parties, because of the grievance only on the aforesaid rider, we do not like to make a lengthy disc......Government being satisfied as to the nationality of the writ petitioner-appellants and as to their share holding interest released Messrs Bella Artifitex admitted the claim of the writ appellants for payment of compensation. The High Court Division therefore, held that the vesting of the company and......do not find any reason to interfere with the impugned judgment and hence the three appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 91. ..Category: Business or Commercial Law | Date: | Hits: 114
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
....mself as the Vice-Chairman of the Nalchity Girls High School filed the aforesaid suit stating, inter alia, that Nalchity Girls High School (the School) was established in 1966 for the purpose of imparting education to the girls of the locality, that the School imparts education to the girls from...... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ...... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ..Category: Civil Law | Date: | Hits: 216
Kadam Rosul Silicate Works and others Vs. Sonali Bank, 1990, 19 CLC (AD)
.... in the facts of the case. 8. In the context of the contentions raised it becomes necessary to consider as to what was admitted by the appellants and what was the decree passed on admission, in particular if there was any interest allowed on the principal sum adjudged till realization of the d......djudged pendente lite, in addition to any interest adjudged on such principal sum for any period prior to the institution of the suit, with further interest from the date of the decree to the date of payment, or to such earlier date as the Court thinks fit. Sub-section (2) provides that where such a......briefly, are that the respondent filed Money Suit No. 21 of 1978 on 18.8.78 in the Second Court of Subordinate Judge, Dhaka claiming the aforesaid sum of Tk. 50,226.70 (with interest) on account of loan advanced to the appellants. The original loan amount was Tk. 45,000/- to which interest and o..Category: Banking Law | Date: | Hits: 134
Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
....of Property Act, 1882 (IV of 1882), section 111(f) Practice & Procedure Surrender of an under-tenancy right to the landlord need not be in writing. It may be inferred from act and conduct of the parties as well. On consideration of evidence, oral and documentary, and the attending circumstances......em Court fee to seek possession of the entire suit land. (0.5 acre) within 15 days failing which his suit "would stand dismissed". In compliance with this advice of the court he amended the plaint on payment of the necessary Court fee, and consequently, the suit was decreed finally on 30.12.82. ......ts and decrees of the High Court Division are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ..Category: Property Law | Date: | Hits: 38
Upendra Chandra Rishi and ors. Vs. Sufia Begum and ors., 1990, 19 CLC (AD)
..... Considering the evidence adduced by the appellants not duly considered by the High Court Division and the trial court, it is convincingly proved that the defendant appellants came to know of the ex-parte decree for the first time on 20.7.1981. the miscellaneous case having been filed on 05.08.1989.......12.80 passed in Title Suit No. 789 of 1980 is set aside and the said suit is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. .......12.80 passed in Title Suit No. 789 of 1980 is set aside and the said suit is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. ..Category: Procedural Law | Date: | Hits: 116
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
.... bid of Technotrade International Limited, the company of which the respondent No.1 is the Managing Director, being ultimately found as the only technically and financially responsive bidder out of 6 participants and the bid of the company for Taka 18,30,00,000 also being the lowest, the Evaluation ......ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ......ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ..Category: Others | Date: | Hits: 100
Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
.... Mohiuddin Farooque vs Bangladesh, 55 DLR 613. Lawyers Involved: Dr Kamal Hossain, Senior Advocate, instructed by Zahirul Islam, Advocate-on-Record—For the Appellant. Ex-parte—The Respondents Civil Appeal No.118 of 1999 (From the judgment and order......ing steps taken to implement the Arsenic Policy, 2004 and the Plan. Accordingly, the appeal is allowed within directions as set out above. There is no order as to costs. Ed. ......ing steps taken to implement the Arsenic Policy, 2004 and the Plan. Accordingly, the appeal is allowed within directions as set out above. There is no order as to costs. Ed. ..Category: Environmental Law | Date: | Hits: 255
Rowshan Ara Begum Vs. Secretary, Ministry of Works and Urban Development, BD, 2006, 35 CLC (AD)
....s as follows: "No oral evidence has been adduced by the petitioner that Sahera Khatun was present--and her whereabouts were known after liberation at least on and from 28-2-72." 8. In the other part of the judgment of the Court of Settlement it has been observed "In the absence of evidence to ......in question since said property is an abandoned property. The ground contending which review of our judgment is sought merits no consideration. Accordingly the review petition is dismissed. Ed. ......ement, that after purchasing the property the petitioner got her name mutated in the records of the different authorities, obtained approval from the RAJUK for making construction and also obtained loan from the House Building Finance Corporation and made construction in the property in question. ..Category: Property Law | Date: | Hits: 37
Muinuddin Zulfiquer (Md) Vs. Government of the Republic of Bangladesh, 2006, 35 CLC (AD)
....ourt Division in Writ Petition No. 2597 of 2001 discharging the Rule. 2. The writ petitioner challenged the amendment of the schedule (published in the Gazette on January 23, 1986) of the Department of Shipping (Engineer and Ship Surveyor of Inland Ships) Recruitment Rules, 1980 and the M......e of the judgment for review. 8. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly, the petition is dismissed. Ed. ......e of the judgment for review. 8. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly, the petition is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 76
Ali Hussain Faraji & others Vs. Abdul Ali Pradhania @ Abul and another, 2007, 36 CLC (AD)
....ossession only in 0.5660 acres of land but by the judgment and order dated 5-5-1999, decreed the suit for permanent injunction against the defendants for the entire suit land holding that both the parties should go for partition after establishment of their title and that the decree for permanen......The learned Counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......The learned Counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Meghna PET Industries Ltd and others Vs. Md. Mostafa Kamal & others, 2007, 36 CLC (AD)
....Memorandum of Understanding (MOA) was reached on 16-2-2001 by and between the representatives of (a) Meghna PET Industries Ltd (b) Prime Edible Oil Ltd and (c) Meghna Cold Storage Ltd as the first party and the representatives of (i) Meghna Vegetable Oil Ltd (ii) Baghdad Vegetable Oil Industries......unsels, mainly argued that the writ petitioner-applicants are personally liable for the loan money sanctioned in favour of 'Ka' group of industries as they personally executed bank guarantee for repayment of the loan and although they ceased to be shareholders and directors of the 'Ka' group of ......rise of Meghna Group of Industries. The writ-petitioners and two others namely Mr. MF Kamal and Mr. Md. Zakaria were the directors of Meghna PET Industries Ltd. Meghna PET Industries Ltd. obtained loan from Saudi Bangladesh Industrial and Agricultural Investment Company Ltd (SABINCO), a public l..Category: Business or Commercial Law | Date: | Hits: 108
Collector of Customs, Chittagong & anr Vs. M.M Shafullah and ors., 1978, 7 CLC (AD)
....laced orders with a firm at Hong Kong, and in course of time, certain consignment arrived at the Chittagong port. The clearing Agents of the respondent submitted a bill of entry stating therein the particulars of the consignment contained power trillers valued at Rs. 6,98,703/-. It has however, f......iefly, if any untrue statement made in any declaration, notice certificate or other document lodged with the Customs authority. The section further provides (hat where there has been any under payment or erroneous refund of duty, the Customs Authority within a period of three years from the......he language of S. 167(9B) of the Act. For these reasons this appeal fails and it is dismissed, but having regard to the circumstance of the case, we make no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 92
Ambia Khatun and anr Vs. Syed Altaf Hossain and another, 1978, 7 CLC (AD)
....as a contract for sale between them and Respondent No. 1 for a consideration of Tk. 7055/-, whereby the said Respondent agreed to execute a deed of permanent lease in respect of certain property in part of which the petitioners were put into possession. The suit was contested by the responde...... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ...... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ..Category: Property Law | Date: | Hits: 34
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....n has been given to inherent absurdities or improbabilities of them, then the appellate Court's finding cannot claim sanctity. This Court, whose duty it is to see that complete justice is done to all parties, cannot but interfere in such situations………………(18) Cases Referred to- Ram......e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ......e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ..Category: Criminal Law | Date: | Hits: 74
Shaikh Abdul Quader Vs. Chairman, Bangladesh Agricultural Development Corporation, 1978, 7 CLC (AD)
....fter the petitioner moved the High Court in its writ jurisdiction against the order of suspension on or about 7.6.76, on which a rule was issued by a Bench of the High Court. After hearing the parties the Bench discharged the rule which was obtained by the petitioner. 3. It was conten...... petition to decide whether the said view of the learned Judges of the High Court was correct. We do not find anything to interfere with the order. The petition is dismissed.. Ed. ...... petition to decide whether the said view of the learned Judges of the High Court was correct. We do not find anything to interfere with the order. The petition is dismissed.. Ed. ..Category: Employment/Service Law | Date: | Hits: 79
Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)
.... Nos.2 and 3, that the plaintiffs at no point of time had right, title and interest as well as possession in the land in suit. 5. On consideration of the evidence, both oral and documentary, particularly Exhibits 1 and 2 (sale certificate and certificate relating to delivery of posses...... on misconception of documentary evidence as well as non consideration of material evidence. 7. Leave was granted to consider the contention that plaintiffs having not been able to show any payment of rent in respect of the land in suit the High Court Division was in error in reversi......sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 52
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....Taka 60,00,000 and an agreement was executed on June 17, 1987 and on that date principal defendants i.e. respondent Nos.1 and 2 herein, paid Taka 45,00,000 to the plaintiff and thereupon plaintiff parted with the possession of the land in suit in favour of the principal defendants, that subseque......spondent No.1 and the respondent No. 1 is directed to execute and register a sale deed in favour of the appellant and respondent No. 2 within 60 days and in default of the appellant in making the payment as directed above this appeal shall stand dismissed. There shall be no order as to costs......iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ..Category: Property Law | Date: | Hits: 94
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....lled the mutation earlier made in the name of the plaintiff in respect of the land in suit. 5. The trial Court dismissed the suit on the findings that the suit is not bad for defect of party, that the suit as framed is maintainable and not barred by waiver and estoppel, that the plai......Ummat Johara and others and the said landlords settled the land in suit with Bipin Chandra in 1350 BS by granting Dakhila, that said settlement holder Bipin Chandra possessed the land in suit upon payment of rent to the exlandlords, that RS record was prepared in the name of Bipin Chandra, that ......n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ..Category: Property Law | Date: | Hits: 35
Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)
....p; taking the land to be tte land of the old tenants or their transferees, in the land Acquisition Case No. 41/64-65 of the Dacca Collectorate, that compensation for the said lands had been paid in part and the acquiring authority was entitled to possession thereof on payment of the compensation......es, in the land Acquisition Case No. 41/64-65 of the Dacca Collectorate, that compensation for the said lands had been paid in part and the acquiring authority was entitled to possession thereof on payment of the compensation according to law, that in 1967 the Board of Revenue is......rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 36
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