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Bangladesh Vs. Subash Chandra Das & ors, 1993, 22 CLC (AD)
....oceedings were completed by issuing the impugned Notification dated November 6, 1986. 4. The High Court Division did not accept the respondents' two main contentions that the purpose for which the property was acquired was not a public purpose and that the subsequent Government decision not to pr......urt Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh, represented by the Secretary, Ministry of Land Administration .......Appellants Vs. Subash Chandra Das & ors.................Responde...... the date of decision of the Government, but within what date, is a subject matter of agreement between the Government and the requiring body under section 15. This is their internal arrangement, but legal consequence of abatement will follow only when the Government fails to "pay" or "deposit" comp..Category: Property Law | Date: | Hits: 64
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....tudents. The plaintiff did not agree to make any reduction in the price taking the ground that even after delivery of the cars the plaintiff would be required to render free service to those cars for proper maintenance for several years. The defendant, however, unilaterally reduced the price of each......ct 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 the period prior to institution of the suit and by specific laws providing for compensation for non‑payment of price of goods supplied. The ge......ent and as such, he argues, facts of the cases of the Privy Council and the House of Lords are distinguishable from those of this case. Grant of Tk. 33 lac as interest is therefore, he argues, quite legal, particularly when the plaintiff had demanded it by a notice in due time. The Interest Act, 18..Category: Business or Commercial Law | Date: | Hits: 128
Kalu Mondal Vs. Begum Fazilatun Nessa, 1994, 23 CLC (AD)
....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 ...... Judgment November 5th, 1980. Case Referred to- Ramjan Ali Mistry Vs. Hedayetulah 31 DLR (AD) 183. Lawyers Involved: Golam Rabbani, Advocate, instructed by BC Panday, Advocate-on-Record, (absent) - For the Appellant. Md. Aftab Hossain, Advocate-on-Rec......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 statute but once the fact is established in terms of the Ordinance, legal consequence flowing therefrom cannot be averted." On the basis of the above no..Category: Property Law | Date: | Hits: 79
Ramani Marak and another Vs. Jamini Marak and others, 1994, 23 CLC (AD)
.... consequential relief. 2. Facts are that Respondents 1, 2 and 20 filed OC Suit No. 336 of 1975 in the Court of the Subordinate Judge, Tangail for declaration of their title in the suit properties, claiming that the property originally belonged to one Ifrimoni Garoani and they were he...... Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Ramani Marak and another …………Appellants Vs. Jamini Marak a......irst appellant saying that the suit property was self-acquired properties of Ramjan Garo and it was so recorded in his name in CS Khatian. Ramjan Garo died leaving his wife (defendant No. 1) as the legal heir who has been enjoying the suit properties being in possession for more than 12 years. Fi..Category: Property Law | Date: | Hits: 61
Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)
.... 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. ......e Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Parjatan Corporation represented by its Chairman and others............Appellants Vs. Mofizur Rahman and another………………..Responden......xure D and DI respectively to the writ petition. It is further alleged that on 'receiving the application for retirement from the respondent which was submitted against his will, the said Chairman, illegally and without lawful authority passed the impugned order on 29.9.88 releasing the respondent f..Category: Employment/Service Law | Date: | Hits: 126
Rear Admiral AA Mustafa Vs. Bangladesh, 1994, 23 CLC (AD)
.... 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.......f State AIR 1937 PC 31, Bangladesh Small Industries Corporation Vs. Mahbub Hossain Chowdhury 29 DLR (SC) 41, JamiI Haq Vs. Bangladesh, 34 DLR (AD) 125, Md. Mujibur Rahman Vs. Government of Bangladesh and others 1992 RLD (AD) 96. Lawyers Involved: Asrarul Hossain, Senior Advocate, (Syed Amirul ...... in the post of Chief of Naval Staff for four years from the date of his appointment. 3. Mr. Asrarul Hossain, the learned counsel for the petitioner, mainly contends that when the petitioner was illegally and prematuredly retired from service, consequent upon a report of an enquiry of a Commissio..Category: Employment/Service Law | Date: | Hits: 107
Bangladesh Shilpa Rin Sangstha Vs. Haque Brothers (Carbide) Ltd., 1994, 23 CLC (AD)
....lpa Rin Sangstha Order, 1972 (President's Order No. 128 of 1972) against the respondents 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...... Rafique-ul-Huq, Senior Advocate (Tofazzal Islam, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record- For the Petitioner in both the petitions. Asrarul Hossain and Syed Ishtiaq Ahmed, Senior Advocates instructed by Md. Aftab Hossain, Advocate-on-Record-For th......find that our judgment does not need a review. The review petitions are accordingly dismissed. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 39 ..Category: Banking Law | Date: | Hits: 125
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....ers as a mere camouflage for invoking the writ jurisdiction. Dr. Kamal Hossain and the learned Additional Attorney‑General have also questioned the maintainability of the writ petitions saying that proper forum for redress of the grievances, if any, of the writ petitioners is the Administrative Tr......sion (Civil) Present: Sahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh, represented by the Secretary, Ministry of Communications, Road and Road Transport Division and another …………Appellants (In Civil Appeal Nos. 44, 45 & 48......vernment in Civil Appeal Nos. 44 to 49 of 1992. He has first of all drawn our attention to the observation of the High Court Division in the judgment that "the petitioners admittedly have acquired a legal right to seniority" and argued that Government never admitted this position in that the very c..Category: Employment/Service Law | Date: | Hits: 97
Momtazuddin and another Vs. Yakub Ali, 1993, 22 CLC (AD)
....ufficient cause for not preferring the appeal within such period. Order XLI rule 9(1) of the Code of Civil Procedure provides that where a memorandum of appeal is admitted, the Appellate Court or the proper Officer of that Court shall endorse thereof the date of presentation and shall register the ......s also Reported in: 46 DLR (AD) (1994) 13. ......at the appeal being prima facie barred by 10 years 301 days and there having been no application under section 5 of the Limitation Act for condonation of delay, the order admitting the appeal was illegal and without jurisdiction. The appellants opposed the application. The learned District Judge b..Category: Procedural Law | Date: | Hits: 121
Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)
....hip. Neither personal law nor Majority Act is at all relevant in a case like the present one. The only statute which will hold the field is the Penal Code (Act XLV of 1860) and for application of the proper section, the allegations made in a particular case will be relevant. If the allegations are t......pellate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM AfzaI J Mustafa Kamal J Latifur Rahman J Wahed Ali Dewan .........Informant Appellant Vs. State and another ...........Respondents Judgment November 3, 1993. Lawyers Involved: Abu Nas...... cases. 13. We can understand that these arc difficult matters to decide before evidence is recorded at the trial and on top of it there is always the human consideration which overtakes strictly legal standards when a victim girl refuses to go with her parents, at times even after persuasion by..Category: Criminal Law | Date: | Hits: 68
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....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. ......in J MM Ruhul Amin J Md. Tafazzul Islam J Sharif Nurul Ambia.....................................Appellant Vs Dhaka City Corporation represented by its Mayor and others.......................... Respondents Judgment July 19, 2004. Th......y been completed before issuance of the Rule on 2-5-1995; the petitioner, not being a person "aggrieved" within the meaning of Article 102 of the Constitution, has no locus standi and no legal right of the petitioner has also been infringed and the allegations involved in the writ pet..Category: Environmental Law | Date: | Hits: 293
Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
....District Judge. The appellate Court in arriving at the decision as to genuineness of the agreement said to have been entered into between Abdur Rashid Sheikh and Karuna Moyee Dasi, the owner of the property in suit, placed reliance primarily on an affidavit produced by the plaintiff, said to have......ion (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Sheikh Farid (Md) & others. ............. Appellants Vs. Abdul Wadud Sikder and others...................Respondents Judgment March 16, 2006. Adverse Po...... well as defendants have no right, title and interest as well as possession and that the papers relied upon by the plaintiff and defendants in support of their respective claim cannot be considered legal and valid document, that the cause of action as stated in the plaint is not correct, rather ..Category: Property Law | Date: | Hits: 59
Selim (Md) and others Vs. Syedul Haque Chowdhury and others, 2006, 35 CLC (AD)
.... 8, 2002 The State Acquisition and Tenancy Act, 1951 (XXVIII of 1951), Section 96 The Limitation Act, 1908 (IX of 1908), Section 14 With the presentation of the plaint in the proper Court the time consumed before the incompetent Court is excluded from the period of limitati...... ......benefit of section 14 of the Limitation Act. Moreover, in the facts and circumstance, we find both the cases referred to above are different from the present case. 8. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. ..Category: Property Law | Date: | Hits: 68
Kader Textiles (Pvt) Ltd. and another Vs. Md. Lehajuddin Miah, and others, 2006, 35 CLC (AD)
....ess in respect of the management 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 A......eme Court Appellate Division (Civil) Present: M Reza Chowdhury CJ Syed JR Mudassir Husain J Abu Sayeed Ahammed J Kader Textiles (Pvt) Ltd. and another................Petitioners Vs. Md. Lehajuddin Miah, and others..............rt has been given jurisdiction to pass any order or orders for the purpose of protection of the interest of the minority Share holders under the provision of section 233 of the Companies Act. No illegality has been committed by the company Court in allowing the Petition and passing the Judgment ..Category: Business or Commercial Law | Date: | Hits: 86
Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)
....8 and submitted that in that case it was held that for not preferring appeal as provided in section 8C of Press and Registration of Books Act, 1867 to the Appellate Board, it would be altogether improper for the High Court to issue any direction to the Magistrate asking him to refuse to authenti......ection with the affairs of the Republic or of any local authority but in connection with the business of the Ittefaq Group of Publications Ltd. In his capacity as Executive Director of the Company and as the Printer, Publisher and Editor of the Daily Ittefaq while he was a Minister. Since......No.3, Mr. Anwar Hossain as printer and publisher on behalf of the petitioner No.2, Ittefaq Group or Publications Ltd. should not be declared to have been made without lawful authority and is of no legal effect. 4. In Writ Petition No. 3834 of 1999 Rule Nisi was issued calling upon the re..Category: Civil Law | Date: | Hits: 103
Akhtar Begum & others Vs. Mahmudul Haque, Advocate and others, 2006, 35 CLC (AD)
....cts mentioned therein are apparent on the face of the plaint. It is true that the grounds set forth in the rule for rejection of the plaint are not exhaustive and the Court has jurisdiction, in proper cases, to reject the plaint on grounds other than those in rule 11. But before punishing th......azlul Karim J MA Aziz J Amirul K Chowdhury J Akhtar Begum & others…....................................Petitioners Vs. Mahmudul Haque, Advocate and others... .............Respondents Judgment February 5, 2005. The Speci......above-established principles of law on the subject, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petition is dismissed. Ed. ..Category: Civil Law | Date: | Hits: 91
Bangladesh Bank Vs. Rana Awan and others, 2006, 35 CLC (AD)
....n Officer of the Bangladesh Audit Department authorised in this behalf by the Account General clearly unless the Finance Minister, after consultation with Accountant General otherwise directs in a proper case; no money can be withdrawn from the Account of the Government without an authority as c...... Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Bangladesh Bank…………………….Appellant Vs Rana Awan and others......................Respondents Judgment July 25, 2004. In case......2 and 3 to pay the decretal amount and by letter dated 15-5-1991 informed the executing Court about the above steps taken by the appellant. Thereafter, on 13-7-1991, the appellant having received a legal notice from the respondent No. 1 for compliance of the above directions of the executing Cou..Category: Civil Law | Date: | Hits: 104
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Monowara Begum and others, 2006, 35 CLC (AD)
....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. ......ed JR Mudassir Husain CJ MM Ruhul Amin J Amirul K Chowdhury J Bangladesh Shilpa Rin Sangstha (BSRS)...........................Petitioner Vs. Monowara Begum and others.......................................Respondents Judgment May 2, 2006. ...... 151 Disposal of the case by the learned District Judge without issuance of a notice is a violation of the 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..Category: Civil Law | Date: | Hits: 95
Jainul Abedin Jamal Vs. Qais Huda and others, 2006, 35 CLC (AD)
.... 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 the authority concerned validly and legally transf...... (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Jainul Abedin Jamal....................Petitioner Vs. Qais Huda and others....................Respondents Judgment December 15, 2005. The Ban......ght 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 the authority concerned validly and legally transferred the premises, the petitioner’s right to remain tenant under the new purchaser ..Category: Tenancy Law | Date: | Hits: 67
Abdur Rahim (Md) Vs. Bengal Bricks Industries Ltd. & anr, 2006, 35 CLC (AD)
.... Civil Procedure, 1908 (V of 1908), Order I rule 10 The High Court Division found the petitioner as an unauthorised occupant under a monthly tenant. He has obviously no right and title in the suit property. Consequently, he is not a necessary party to the suit for eviction of the monthly tenant. ...... 2003. The Code of Civil Procedure, 1908 (V of 1908), Order I rule 10 The High Court Division found the petitioner as an unauthorised occupant under a monthly tenant. He has obviously no right and title in the suit property. Consequently, he is not a necessary party to the suit for eviction o......d Other Suit No. 115 of 1993 in the Court of the Senior Assistant Judge, Second Court, Chittagong, for a declaration that the ex parte decree dated 13-10-1993 passed in Other Suit No. 98 of 1985 is illegal, void, collusive and not binding upon him. 7. His case is that he purchased the suit prope..Category: Tenancy Law | Date: | Hits: 72
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