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Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
....icates clearly that the Sessions Judge's decision is not final in relation to a person who has not filed the revisional application to the Sessions Judge but has been impleaded therein as opposite party. Therefore, he is free to go to any appropriate forum to challenge the Sessions Judge's decis......llate Division must be obeyed without any criticism and comments as has been done in the present case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ......llate Division must be obeyed without any criticism and comments as has been done in the present case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ..Category: Criminal Law | Date: | Hits: 98
Bangladesh Vs. Subash Chandra Das & ors, 1993, 22 CLC (AD)
....sation in a deposit account in the Public Account of the Republic which shall be deemed payment for the purpose of taking over possession of the property without any prejudice to the claim of the parties to be determined by the Arbitrator .................." 11. The provision of section 12 ......onths from the date of decision of the Government to acquire the property all proceedings in respect of acquisition stood abated under section 12. 5. The High Court Division held that the time for payment for compensation began to run from January 5, 1985 when the decision to acquire the property......f abatement will follow only when the Government fails to "pay" or "deposit" compensation in terms of section 10. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 63. ..Category: Property Law | Date: | Hits: 64
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....Appeals, 66=AIR 1893 PC 70; Pillo Dhunji Shidwas Vs. Municipal Corp., Poona, AIR 1970 (SC) 1201; M/s AZ Company Vs. M/s Moula Baksh Mohd. PLD (1965) (SC) 505 =17 DLR (SC) 404; Secretary, Irrigation Department Vs. GC Roy, AIR 1992 (SC) 732. Lawyers Involved: Asrarul Hossain, Senior Advocate (......ment November 29, 1993. Result: The appeal is dismissed. The Sale of Goods Act, 1930 (III of 1930), section 61 (2) The Contract Act, 1872 (IX of 1872), section 73 The order for payment of Taka 33 lac is covered both by the general principles governing payment of interest for t......ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ..Category: Business or Commercial Law | Date: | Hits: 128
Kalu Mondal Vs. Begum Fazilatun Nessa, 1994, 23 CLC (AD)
....se of waiver or acquiescence or such supervening facts and circumstances as to make the compliance with the enactment beyond the control of the tenant. However, it will depend on the facts of a particular case to see whether there has been default in the payment of rent in terms of the statu......e ground that they were defaulters. The suits were instituted after serving notice under section 106 of the Transfer of Property Act. It was alleged that the appellant Kalu Mondal was in arrear in payment of rent from February, 1971 to April 1972, and appellant Naushad Ali was in arrear in payme......d with costs. The judgments of the High Court are set aside and those of the trial Court are restored. Ed. This case is also reported in: 46 DLR (AD) (1994) 53 ..Category: Property Law | Date: | Hits: 79
Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)
....d that while working as a Journalist in the Pakistan Observer (nor Bangladesh Observer) he was selected by the Central Public Service Commission of Pakistan to the post of Assistant Director in the Department of Tourism, Government of Pakistan and he joined in the said post on 7.12.68. The Departmen...... delay. In the result, the appeal succeeds, the impugned judgment and order are set aside but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 46. ...... delay. In the result, the appeal succeeds, the impugned judgment and order are set aside but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 46. ..Category: Employment/Service Law | Date: | Hits: 126
Rear Admiral AA Mustafa Vs. Bangladesh, 1994, 23 CLC (AD)
....as retired from service for malafide reasons. 5. It is contended that Rule 14 (5), is a kind of "Henry VIII clause" permitting hiring and firing at will‑is violative of principle of audi alteram partem and is patently discriminatory allowing unrestricted latitude to the Government to pick and c......ke adequate precautionary measures during the cyclone. He has also filed a copy of the letter dated July 28, 1993 of the Controller General of Defence Finance, Ministry of Defence intimating him that payment of Special Additional Pension was not available to him, because he was compulsorily retired ...... 103 of the Constitution. The cases cited on behalf of the petitioner has no relevance in the instant case. The petition is dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 43...Category: Employment/Service Law | Date: | Hits: 107
Bangladesh Shilpa Rin Sangstha Vs. Haque Brothers (Carbide) Ltd., 1994, 23 CLC (AD)
....e respondents' letter Ext. 7(d) cannot be used to determine the extent of the respondents' liability and was thus to be left out of consideration. 6. In allowing the respondents' appeals in part this Court found however from the facts and circumstances that "in spite of frantic effor......ents in the Court of the District Judge, Dhaka, being Miscellaneous Case No. 140 of 1977 for sale of the schedule properties for realisation of the petitioner's dues, fallen due owing to default in payment of two foreign exchange loans from erstwhile PICIC, amounting to Taka 29,72, 910.29 equiva...... Judge, Dhaka, being Miscellaneous Case No. 140 of 1977 for sale of the schedule properties for realisation of the petitioner's dues, fallen due owing to default in payment of two foreign exchange loans from erstwhile PICIC, amounting to Taka 29,72, 910.29 equivalent to US $ 1,90,609.05 only as ..Category: Banking Law | Date: | Hits: 125
Abdul Bari Sarker Vs. Bangladesh, 1994, 23 CLC (AD)
.... Cell). At this The Secretary, Works Ministry, got annoyed and at his instance his PA asked the petitioner on telephone to see him in his office. The petitioner did not comply with this direction, particularly when a Contempt‑Proceeding was at that time pending against the Secretary for di......ner, a retired Judge of the High Court Division of the Supreme Court, was appointed Chairman of the Settlement Court on contract for one year, but within three months his contract was cancelled on payment of one month's pay in lieu of notice in terms of the contract. He challenged the order of c......d to his case. Subject to the observations made above, the Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 37 ..Category: Employment/Service Law | Date: | Hits: 73
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....ion of Seniority) Rules, 1990. All these petitions were heard analogously by the High Court Division and were disposed of by a common judgment dated 12 May 1992 allowing them and declaring invalid in part the said Rules being violative of Articles 27 and 29 of the Constitution. By these Rules senior......e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ......e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ..Category: Employment/Service Law | Date: | Hits: 97
Momtazuddin and another Vs. Yakub Ali, 1993, 22 CLC (AD)
.....- This appeal by leave is from judgment and order dated 9 December, 1992 passed by a Single Judge of the High Court Division in revision, Civil Revision No. 2112 of 1992, making the Rule absolute in part and setting aside the order dated 9.6.92 passed by the District Judge, Dhaka in Title Appeal No......f limitation will remain open for decision at the hearing of the appeal and the respondent is free to take all legitimate objections. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 13. ......f limitation will remain open for decision at the hearing of the appeal and the respondent is free to take all legitimate objections. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 13. ..Category: Procedural Law | Date: | Hits: 121
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....ab Hossain, Advocate-on-Record—For Respondent No. 5. AKM Nurul Islam, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For Respondent Nos. 2 & 6. Ex parte—Respondent Nos. 3-4. Civil Appeal No. 148 of 2002. (From the judgment ......this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ......this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ..Category: Environmental Law | Date: | Hits: 293
Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
....tle upon denying the title of the real owner to her knowledge as well as to the knowledge of others and since that date his possession continued uninterruptedly for more than twelve years. No particular point of time of assertion of adverse possession has been proved. So, the High Court Di...... a bainapatra on January 1, 1952 and delivered possession, that there was stipulation in the agreement that the kabala would be executed and registered after six months from date of agreement after payment of balance of the consideration money Taka 600. It was the case of the plaintiff that afte......is lack of evidence to show that he possessed the land denying title of Karuna Moyee Dasi or her sons to their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 59
Selim (Md) and others Vs. Syedul Haque Chowdhury and others, 2006, 35 CLC (AD)
....or the pre-emptee petitioners by referring to the cases reported in 37 DLR (AD) 184 and 2 MLR (AD) 330, submits that the provisions of section 14 of the Limitation Act can only be invoked when the party concerned is not negligent in conducting the proceeding. 7. What constitutes a negli......nt case. 8. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ......nt case. 8. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 68
Kader Textiles (Pvt) Ltd. and another Vs. Md. Lehajuddin Miah, and others, 2006, 35 CLC (AD)
.... and the petitioner, also offered those shares both to the petitioner and to the respondent No. 4 who declined to accept any of those shares. 5. The learned Company Judge after hearing the parties allowed the petition case under section 233 of the Companies Act in part, holding, inter al......nagement and the financial aspect of the company although the respondents gave personal guarantee in favour of the bank and the respondent No. 4 and his wife mortgaged their properties to secure repayment of the loan taken by the respondent company. In the meantime, the Agrani Bank filed Title S......e financial aspect of the company although the respondents gave personal guarantee in favour of the bank and the respondent No. 4 and his wife mortgaged their properties to secure repayment of the loan taken by the respondent company. In the meantime, the Agrani Bank filed Title Suit No. 8 of 19..Category: Business or Commercial Law | Date: | Hits: 86
Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)
....3834 of 1999 Rule Nisi was issued calling upon the respondent Mr. Anwar Hossain to show cause as to why his acts of issuing the impugned orders contained in Annexures-A, A-I and A-2 directly taking part in the management and running the business of the petitioner No.2, Ittefaq Group of Publicati...... question. All the appeals are therefore, allowed. There is no order as to costs. The connected civil petition is disposed of in the light of the Judgment in the appeals. Ed. ...... question. All the appeals are therefore, allowed. There is no order as to costs. The connected civil petition is disposed of in the light of the Judgment in the appeals. Ed. ..Category: Civil Law | Date: | Hits: 103
Bangladesh Bank Vs. Rana Awan and others, 2006, 35 CLC (AD)
....ecretal dues to the account of the Advocates of the respondent No.1………….(12) Further, the appellant, who is the Custodian of the Consolidated Fund, was not made a party to the suit out of which the execution case arose, is not a judgement-debtor. Consequently, ......rules 52 and 56, CPC, Articles 71 and 72 of President's Order No. 127 of 1972 and wholly erred in holding that no Appropriation Act is necessary for withdrawing money from the Consolidated Fund for payment of decretal amount against the Republic; the executing Court erred in law in entertaining t...... the official(s) who was/were responsible for the default. Let a copy of the judgment be sent to the Ministry of Finance, Ministry of Works and also to the Solicitor. Ed. ..Category: Civil Law | Date: | Hits: 104
Harendra Nath Mahali Vs. Ramesh Chandra Haider and others, 2006, 35 CLC (AD)
.... 2. The Miscellaneous case was filed stating, inter alia, that the preemptor is a co-sharer of the holding land of which has been transferred by the kabala dated May 26, 1980 by the opposite party No.2, a co-sharer of the holding (in the Miscellaneous case) to the opposite party No.1 ...... the original vendor. It was the case of the opposite party Nos. 1 and 2 (buyer and seller) that on the date of transfer sought to be preempted an 'Ekrarnama' was given by the transferee that on repayment of the money he would return the land to the seller. In the background of the stipulation i...... reconveyance at all stages. 18. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of. Ed. ..Category: Property Law | Date: | Hits: 67
Nur Amin and others Vs. Abdul Quddus and others, 2006, 35 CLC (AD)
....ading Government as defendant and obtained decree in respect of the land of sub-plot No. 203/31 on February 14, 1980, that in the said suit i.e. Title Suit No. 43 of 1978, plaintiffs were not made parties, that the defendants on the basis of the decree obtained in Title Suit No. 43 of 1978 got t......sub-plotting to different persons, that Mohammad Mia, father of the plaintiffs, a retired defence person, took settlement of 2.50 acres of land of sub-plot No. 203/31 of plot No. 203 in 1968-69 on payment of salami amounting to Taka 125 through OCR dated April 24, 1970 and paid rent for the year......lower appellate Court. 13. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with cost of Taka 5,000. Ed. ..Category: Property Law | Date: | Hits: 51
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Monowara Begum and others, 2006, 35 CLC (AD)
....dalat has no jurisdiction to try the case 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......ful perusal of Order 33(1) (5) of the Bangladesh Shilpa Rin Sangstha Order, 1972 we find that the District Judge is required to issue a notice calling upon the opposite-party liable to make the payment to show cause by a date as to why he should not satisfy the claim of the Sangstha, failing......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
Shahudul Haque, IG Police and others Vs. State, 2006, 35 CLC (AD)
....public. In the meantime, Obaidur Rahman, Traffic Inspector, Sergeant Mustafizur Rahman and Sergeant Russel Arafat arrived. They were ordered to hold back Sergeant Shoaibur Rahman, so that necessary particulars could be obtained with a view to initiating contempt proceedings against him. Traffic ......the unqualified apology and to censure the appellants in modifying of the sentence imposed on them. The appeals are, accordingly, dismissed without any order as to costs. Ed. ......the unqualified apology and to censure the appellants in modifying of the sentence imposed on them. The appeals are, accordingly, dismissed without any order as to costs. Ed. ..Category: Criminal Law | Date: | Hits: 64
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