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Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
....tion was let out to said Brigadier Sharif Aziz at a rent of Tk. 35,000/- (thirty five thousand) only and therefore the petitioner claimed compensation @ Tk. 35,000/- per month from 30.8.2001 till the whole amount of compensation was paid by the respondents and the petitioner also annexed a valu......tioner did not challenge the acquisition and requisition of the property but submitted that the petitioner is an awardee of compensation money and the petitioner has not yet been paid the entire amount of the award and therefore it was submitted that a direction may be given upon the respo......at the time of moving the aforesaid writ petition the petitioner did not challenge the acquisition and requisition of the property but submitted that the petitioner is an awardee of compensation money and the petitioner has not yet been paid the entire amount of the award and therefore it ..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
Begum Lutfunnessa Vs. Md. Shafiullah and others, 2003, 32 CLC (AD)
....of Subordinate Judge, Commercial Court No. 2, Dhaka. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 102. ......nt on November 5, 1973 in the name of the defendant No. 3, Manager of the plaintiff No. 1. According to the plaintiffs, the defendant No. 3 is their ‘benamder'. The defendant No. 1 received further amount of Taka 3,00,000 on September 21, 1976 and on November 8, 1978 received further amount of Tak...... defendant No. 1 and, he has entered into an agreement with them to sell the said property for a total consideration of Taka 15, 00,000 and upon receiving Taka 7,00,000 out of the total consideration money executed an agreement on November 5, 1973 in the name of the defendant No. 3, Manager of the p..Category: Civil Law | Date: 18 May, 2003 | Hits: 202
Jahanara Begum and others Vs. Hazera Khatun, 2003, 32 CLC (AD)
.... not sustainable in law and the same is accordingly set aside. In the result the appeals are allowed but without any order as to costs. Ed. This Case is also Reported in: ...... not sustainable in law and the same is accordingly set aside. In the result the appeals are allowed but without any order as to costs. Ed. This Case is also Reported in: ......ubordinate Judge, Dhaka for specific performance of contract against the present respondent No. 8 who allegedly entered into a contract for sale of the suit property on 12.9.1979 receiving an earnest money of Tk. 30,000/- out of a total consideration of Tk. 1,50,000/- and when respondent No. 8 t..Category: Contract Law | Date: 12 May, 2003 | Hits: 251
State Vs. Md. Motiur Rahman & anr., 2004, 33 CLC (AD)
....ns 120(b)/302/380/201/212/114/411/34 of the Penal Code, rejecting the prayer for bail now pending in the Court of learned Chief Metropolitan Magistrate, Dhaka, is hereby set aside. Ed. ......9;law became offended by him and that they in collusion with the maid‑servant Farida were trying to kill Mr. Alam and they conspired with each other and hired professional killer in lieu of big amount of money and on 1‑1‑2002 at mid night at 12.00 hours with the help of Farida the ......me offended by him and that they in collusion with the maid‑servant Farida were trying to kill Mr. Alam and they conspired with each other and hired professional killer in lieu of big amount of money and on 1‑1‑2002 at mid night at 12.00 hours with the help of Farida the accused pe..Category: Criminal Law | Date: 12 May, 2003 | Hits: 74
Chan Miah (Md) Vs. Md. Dabirul Islam Khan & ors., 2004, 33 CLC (AD)
....it any consideration and we also do not find any illegality or infirmity to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ......Act, 1950 seeks leave to appeal against the impugned judgment and order of the High Court Division affirming the order dated 46‑2001 of the Subordinate Judge directing him to deposit the amount of consideration money together with the compensation thereon. ......er by inheritance steps into the shoes of the pre-emptor, both the provisions of Sections 96(4) & 6(b) of the Act are applicable to him and an order passed upon him to deposit the consideration money together with compensation prior to determination of important issues, would not be an illeg..Category: Property Law | Date: 5 May, 2003 | Hits: 141
Amir Hossain Vs. MA Malek & others, 2004, 33 CLC (AD)
.... is no bar for the complaint case to proceed side by side with winding up proceeding. In view of the above, the appeal is allowed. Ed. This Case is also Reported in: 56 DLR (AD) 146. ......rs and run the business in the name of Homeland Footwear Ltd. The complainant petitioner gave Taka 1,00,00,000 to the respondents as loan. When the complainant petitioner asked for refund of the said amount the convict respondent issued three cheques of three dates for Taka 30,00,000 bearing No. 437......all the cheques were dishonoured. In spite of request by the complainant petitioner the convict respondents did not take necessary steps either for the encashment of the cheques or for payment of the money. Therefore, the complainant petitioner served legal notice upon the convict respondents demand..Category: Criminal Law | Date: 15 Apr, 2003 | Hits: 88
Sazzadul Haque Liku (Md.) and others Vs. Sarder Anwar Hossain, 2003, 32 CLC (HCD)
....his Rule is made absolute. The impugned judgment and order is set aside and the plaint is rejected. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 273. ......his Rule is made absolute. The impugned judgment and order is set aside and the plaint is rejected. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 273. ......here is no road communication to go to the said polling station except over the house of defendant No.3. Defendant No.3 lives in Dhaka and many things are heard about him including earning of illegal money. The plaintiff filed an application to defendant No.2 stating all these facts, but nothing hap..Category: Civil Law, Election Law | Date: 24 Mar, 2003 | Hits: 2
Giasuddin Ahmed Vs. Green Delta Insurance Co. Ltd. & anr., 2004, 33 CLC (AD)
....s both seen and taken together would not bar the respondents to register the appellant's share. In view of the above the appeal is allowed without any order as to costs. Ed. ......of the proposal. Discretion implies just and proper consideration of the proposal, in the facts and circumstances of the case. In the exercise of that discretion, the directors will act for the paramount interest of the company and for the general interest of the shareholders, because the direct......nd by article 37 and the company has absolute and uncontrolled discretion to refuse registration of the appellant's shares. 23. The learned Counsels then argued that for the return of money, dividends, etc the appellant shall have to go to another forum. 24. They have a..Category: Business or Commercial Law | Date: 24 Mar, 2003 | Hits: 286
Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)
....tion must allege that "affairs of the company" being conducted in an oppressive, unfairly prejudicial, or unfairly discriminatory manner or contrary to the interests of the members as a whole. The expression "affairs of the company" is widely defined in section 53 of the Act......ourt Division in the company matter, we do not find any reason to grant leave against the said judgment. The petition is therefore, dismissed and the delay is condoned. Ed. ......he Companies Act as Company Court jurisdiction was absolutely different. A proceeding under section 233 of the Company Court comes within the statutory jurisdiction of the Company Court whereas the money suit was a derivative action. Accordingly, the Company Bench passed the following order. ..Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273
Aloke Nath Dey Vs. Govt. of BD. rep. by the DC, 2004, 33 CLC (AD)
....the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. ......ticular legislation where the definition of debt was required to be given and, as such. word 'debt' is to be ordinarily understood as a sum of money due under an express or implied agreement, or an amount due or payable from one person to another in return for money but is liability owing from on...... has been given various meanings with reference to particular legislation where the definition of debt was required to be given and, as such. word 'debt' is to be ordinarily understood as a sum of money due under an express or implied agreement, or an amount due or payable from one person to ano..Category: Property Law | Date: 11 Mar, 2003 | Hits: 436
Salema Khatun Vs. Matiur Rahman, 2003, 32 CLC (HCD)
....e of the rule is vacated. In the facts of the case, I do not make any order as to costs. Send down the lower Court record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 339. ......returned the envelop with the endorsement "Always absent." Since the notice was correctly addressed and the postal peon visited the address of the defendant and found her absent this should amount to service of a notice under section 106 of the Transfer of Property Act. The finding of the ......efaulter and that the defendant offered rent for the month of December, 1999 through her son Md. Omar Hussain which was refused by the landlord and that she sent the rent for the month of February by money order and when the rent remitted by the postal money order was returned to the defendant on 27..Category: Tenancy Law | Date: 8 Feb, 2003 | Hits: 61
....se of action, if any, had matured.
In view of the above the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (AD) (2003) 94; 1 ADC (2004) 497.
......mongst the desirous and ambitious boys and girls of the country, formed a Board of Trustee. Along with the application were enclosed a project profile and a receipt of depositing on 28‑10‑4997 an amount of 1 crore in the Bank of Small Industries and Commerce Bangladesh Ltd. Dilkusha Branch, Dhak......16. The respondent claims to have applied before the authority on 6th October, 1997 whereas, section 7 of the Private University Act was amended with effect from 5th April, 1998 raising the amount of money to be deposited as reserve fund from 1 crore to 5 crore. The respondent was then asked by the ..
Category: Others | Date: 8 Feb, 2003 | Hits: 112
Nasima Akhter Vs. Md. Siraj Miah and other, 2003, 32 CLC (AD)
....fers from no illegality and/or infirmity and we are not inclined to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 38. ......fect that the defendant No. 1 upon receiving the balance consideration money will execute and register the sale deed within 2(two) months from the date. 3. Though the plaintiff offered the balance amount of money to the defendant No.1 and requested him to execute and register the sale deed but th...... 5,000 and banded over possession of the suit property to the plaintiff. In the Bainanama a condition was stipulated to the effect that the defendant No. 1 upon receiving the balance consideration money will execute and register the sale deed within 2(two) months from the date. 3. Though the p..Category: Property Law | Date: 4 Feb, 2003 | Hits: 147
Islami Bank Bangladesh Ltd. Vs. Sub-Judge and Additional Artha Rin Adalat & others, 2003, 32 CLC (AD
.... allowed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 121. ......notice of sale. But the court is not competent to make an order in a suit filed by the pawnee directing him to sell the pawned goods and ……upon adjustment of the sale proceeds, if any amount remains due then to proceed with the suit for the balance amount………&hel......ence of selling the hypothecated goods pawnee is not entitled to file the suit for realisation of his claim due from the pawnor. 3. Plaintiff‑appellant filed aforementioned money suit stating, inter alia, that respondent Nos. 2 and 3 availed loan facilities from the plaint..Category: Business or Commercial Law | Date: 28 Jan, 2003 | Hits: 112
Abdur Rashid (Md) Vs. LGRD and Cooperatives, Local Government Division and others, 2003, 32 CLC (AD)
.... Accordingly, the petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 72. ...... Accordingly, the petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 72. ......eport the result. The petitioner has been elected chairman of the aforesaid Pourashava in the year 1999. The order of suspension has been passed alleging corruption, irregularity, misappropriation of money and guilty of conduct unbecoming of the office of chairman. The petitioner has challenged the ..Category: Others | Date: 27 Jan, 2003 | Hits: 89
Govt. of BD, rep. by the Sec., Min. of Defence & ors. Vs. Md. Afzal Hossain Ansari, 2003, 32 CLC (AD
....peal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 65. ......quel to department inquiry held against him on the charge that during the year 1990‑91 and 1991‑92 stationery item, Lithu paper, was purchased illegally from the paper local market for an amount of Taka 24,75,748 without obtaining non‑availability certificate from the Stationery De......peal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 65. ..Category: Administrative Law | Date: 8 Jan, 2003 | Hits: 122
Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).
....ils and is dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 115. ......ils and is dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 115. ...... the elder brother and the ‘Karta’ of the joint family, and his wife defendant No. 11 successfully influenced Roy Mohan to go to Burma in the year 1946, Hari Mohan had been earning lot of money by doing business and service in Burma and contributed to increase the joint family fund to ac..Category: Property Law | Date: 25 Nov, 2002 | Hits: 87
Humayun M Vohra Vs. ESPN Star Sports and others, 2003, 32 CLC (AD).
....eir new distributor in Bangladesh. The respondents as well produced a copy of an agreement dated 1st August 2002 between the principal and SAARC Enterprise Private Limited for distributorship for the whole of Bangladesh and another agreement between SAARC Enterprise Private Limited and the responden...... The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 99. ......f Act, the contract is not specifically enforceable and that with reference to sections 205 and 208 of the Contract Act the agency, if there be any, and any violation thereof, could be compensated by money the petitioner is not entitled to an order of temporary injunction. ..Category: Procedural Law | Date: 23 Nov, 2002 | Hits: 103
Zyta Garments Ltd. Vs. Union Bank Ltd. and another, 2003, 32 CLC (AD).
....ary and proper party to be added in the suit and find no illegality or infirmity in its judgement calling for our interference. The leave petition is dismissed. Ed. ......on are that the respondent, Union Bank Ltd. Karachi Branch, as plaintiff instituted Money Suit No. 55 of 1999 against the defendant National Bank Ltd 18, Dilkusha C/A Dhaka for realisation of money amounting to Taka 26,06,933 before the learned Subordinate Judge, 5th Court, Dhaka. The respondent ......petition are that the respondent, Union Bank Ltd. Karachi Branch, as plaintiff instituted Money Suit No. 55 of 1999 against the defendant National Bank Ltd 18, Dilkusha C/A Dhaka for realisation of money amounting to Taka 26,06,933 before the learned Subordinate Judge, 5th Court, Dhaka. The respo..Category: Civil Law | Date: 19 Nov, 2002 | Hits: 169
Asalat Zaman (Md) and others Vs. Government of Bangladesh and others, 2003, 32 CLC (AD).
....as aforesaid with interest at the bank rate till realisation. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 139. ...... 17, 2002. The Arbitration Act, 1940 (X of 1940), Section 29 The Arbitrator has no jurisdiction to grant interest on the awarded amount till realisation in the absence of any agreement. The Court has jurisdi......rned Judges of the High Court Division failed to consider that the decree has not been drawn up in accordance with the award and ought to have held that the award having not quantified by any, sum of money but simply stated quantum of work to be paid for at the rate given in the agreement the learne..Category: Alternative Dispute Resolution | Date: 17 Nov, 2002 | Hits: 223
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