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Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)
....ge of the High Court Division and accordingly, affirm the impugned judgment and order. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......ted cheque for Taka 5.00 lac be given to them representing the value of their shares and claim on profits in the business of the company and they promised to return the cheque for the equivalent cash amount when the company would receive full amount of its claim from the Power Development Board. Acc...... and J were disbelieved on mere surmise and not on the evidence on record. He also submits that the learned Company Judge did not deal with Exhibit 3, a written statement filed by the appellants in a money suit, in which they clearly acknowledge on 10‑6‑1987 that they resigned from the directors..Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208
Government of Bangladesh and another Vs. MA Khair Bhuiyan, 2003, 32 CLC (AD).
....e appeal in accordance with law. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 76. ......e appeal in accordance with law. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 76. ......1999‑1121 dated 43‑1999 after examining the records clearly expressing its opinion that no fruitful result will be available, if the appeal is filed, rather it is wastage of time and money. So, the withdrawal for non-prosecution of appeal signed by the then Secretary, Internal ..Category: Civil Law | Date: 4 Nov, 2002 | Hits: 152
Hashibul Bashar Vs. Gulzar Rahman and anr., 2004, 33 CLC (AD)
....tiable Instruments Act. 10. In the background of the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ......laint that accused petitioner borrowed Taka 30,77,000 from his relation Md. Anwarul Islam. The accused petitioner issued 3 cheques totaling Taka 30,77,000 on different dates for repayment of the loan amount in favour of Md Anwarul Islam. The Attorney of Md Anwarul Islam presented the said cheques fo......tiable Instruments Act. 10. In the background of the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: 28 Oct, 2002 | Hits: 326
Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).
.... the Rule absolute on the finding that the Evaluation Report was changed, by which the disqualified participant, ETV, was made qualified, which is a malafide exercise of power by the respondents. The whole process of preparing the report was not transparent and since the changing of the evaluation r......he same date issued by the Ministry of Finance, by which ETV was exempted from paying hourly charge of Taka 1200 or Taka 1800 thus depriving the Government exchequer from huge amount money every year. 9. The further case is that though Mr. AS Mahmud did not parti...... date issued by the Ministry of Finance, by which ETV was exempted from paying hourly charge of Taka 1200 or Taka 1800 thus depriving the Government exchequer from huge amount money every year. 9. The further case is that though Mr. AS Mahmud did not participate ..Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190
Secretary, Ministry of Works and another Vs. Md. Yusuf Ali Khan and others, 2002, 31 CLC (AD)
....scussion we lo not fined any substance for allowing the appeal. The appeal is dismissed without any order of costs Ed. This Case is also Reported in: 1 ADC (2004) 312. ......sum of Tk. 15,000/- (Taka fifteen thousand) from the plaintiff respondent against receipt signed by her on the back of the agreement on 29.11.1979. Thereafter the respondent No. 2 further took an amount of Tk. 2,000/- (Taka two thousand) from the plaintiff respondent against receipt signed by ......en) kathas 5 (five) chateaus, more or less, situated in the Gulshan Model Town of the Dhaka Improvement Trust for a Consideration of Tk. 90,000/- (Taka Ninety thousand). Out of total consideration money the respondent No.1 paid Tk. 50,000/- (Taka Fifty thousand) as earnest money on 11.7.1970. It..Category: Contract Law | Date: 21 Aug, 2002 | Hits: 1110
Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation & others, 2002, 31 CLC (AD)
....impugned judgment and do not find any illegality or infirmity with impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) 23. ......ompensation of US$ 614,855.25 and further US$ 1000,000 for loss of goodwill, in total US$ 714,855.25 towards full and final settlement of the claims. The plaintiff accepted the offer. Out of the said amount, the plaintiff deducted US$ 278,276.67 only from the invoices of scheduled jute mills of the ......Counsels appearing for the petitioners submits that the dispute has been amicably settled as the plaintiff is entitled to US$ 7,14,855.25 out of which the plaintiff received US$ 2,78,276.68 and the money suit has been filed for recovering the balance amount of US$ 4,36,578.50 and as such the High ..Category: Alternative Dispute Resolution | Date: 20 Aug, 2002 | Hits: 280
Bux Shipping Line Vs. Bangladesh Water Development Board & others, 2002, 31 CLC (AD)
....alization thereof. The review petition has no merit. Accordingly the same is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 476.......ourt of Subordinate Judge, Dhaka in Title Suit No. 106 of 1994 decreeing the same upon making the award dated August 22, 1994. The Court of Subordinate Judge decreed the title suit for the awarded amount of Tk. 2,01,52, 289.84. The learned Subordinate Judge while making the award did not allow ......tended by court but such extension will not necessarily empower the Arbitrator to allow interest for a period beyond four months, unless the Arbitrator finds that the debtor or the person from whom money is due, has deliberately prolonged the arbitrating proceeding. In other words, the arbitra..Category: Alternative Dispute Resolution | Date: 18 Aug, 2002 | Hits: 217
Antibiotic Stores & ors Vs. Subordinate Judge and Artha Rin Adalat & anr., 2003, 32 CLC (AD).
....matter we do n any substance in the submission of the Counsel for petitioners for our interference impugned judgment of the High Court Division. The petition is dismissed. Ed. ......lot No. 60, Gulshan Avenue hereinafter called the case property. Before completion of the building the respondent No. 2 put pressure to liquidate the loan money. The petitioners paid back part of the amount of the loan money. The respondent No. 2 then filed Title Suit No. 22 of 1991 in the Court of ...... for construction of 10 storied building on plot No. 60, Gulshan Avenue hereinafter called the case property. Before completion of the building the respondent No. 2 put pressure to liquidate the loan money. The petitioners paid back part of the amount of the loan money. The respondent No. 2 then fil..Category: Business or Commercial Law | Date: 12 Aug, 2002 | Hits: 121
Abdus Sobhan Biswas Vs. State, 2002, 31 CLC (HCD)
....Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 556. ......ss-examination he admitted that he did not find any external injury on the body of the victim. 11. PW 2 the informant and the husband of the victim deposed that the accused had assured him that an amount of Taka 1800 was sanctioned by the Deputy Commissioner, Rajbari as relief and that the victim......uty Commissioner, Rajbari to collect charitable relief of taka 1800 since his homestead was burnt in a fire. On 19-11-1996 after reaching Rajbari the appellant told the victim in the evening that the money will be paid the following day by the Deputy Commissioner’s office and that they have to sta..Category: Women and Children | Date: 11 Aug, 2002 | Hits: 77
Amir Hossain Vs. Homeland Footwear Ltd. and others, 2002, 31 CLC (HCD)
.... on the prayer of Mr. Imtiaz Mahmud, Advocate, let the operation of this judgment be stayed for a period of three months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 478. ......ioner, in short, is that the respondent-company took Taka 45,07,386.00 from the petitioner during the period from 11th March, 1999 to 31st December, 1999. In acknowledgment of the receipt of the said amount, the company issued a statement of accounts (Annexure A) on 8th May, 2000, in favour of the p......s were returned unpaid to the petitioner for insufficiency of funds in the account of the respondent-company. Thereafter, the petitioner asked the respondent-company on several occasions to repay his money but without any result. As such, the petitioner firstly, served a notice on 2nd June, 2001, un..Category: Company Law | Date: 21 Jul, 2002 | Hits: 226
Ibrahim Ali and ors. Vs. State, 2004, 33 CLC (AD)
....the accused there under. Accordingly, the appeal is allowed. The conviction and the sentence of the appellants under sections 468 and 468/109 of the Penal Code are set aside. Ed. ......nbsp; 12. In the case reported in AIR 1969 Guzrat 117 it has been observed "the mere making of a false statement in a document could riot come within section 464 IP Code and would riot amount to forgery." Lastly, the learned Advocate has referred to the case of Rani Ghulam Singh......the accused there under. Accordingly, the appeal is allowed. The conviction and the sentence of the appellants under sections 468 and 468/109 of the Penal Code are set aside. Ed. ..Category: Criminal Law | Date: 8 Jul, 2002 | Hits: 90
Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)
....e Rule absolute on the finding that the Evaluation Report was changed, by which the disqualified participant, ETV, was made qualified, which is a malafide exercise of power by the respondents. The whole process of preparing report was not transparent and since the changing-of evaluation report w......ate issued by the (Annexure-‘C’) Ministry of Finance, by which the ETV was exempted from paying hourly charge of Taka 1200 or Taka 1800 thus depriving the Government exchequer of a huge amount of money every year. 12. The writ petitioners also claimed that though Mr. AS Mahmud......by the (Annexure-‘C’) Ministry of Finance, by which the ETV was exempted from paying hourly charge of Taka 1200 or Taka 1800 thus depriving the Government exchequer of a huge amount of money every year. 12. The writ petitioners also claimed that though Mr. AS Mahmud did not pa..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
...."is bona fide, reasonable and for public interest". The plea of Justice Naimuddin Ahmed was to draw the attention of the appropriate authorities to take proper action, thereby bringing this whole affair out into the open by Janakantha and other newspapers, it was to give it the much needed......for making a derogatory statement in a seminar, which has been published in the aforesaid newspapers. However, the learned Attorney-General then submitted that the said statement of Naimuddin did not amount to contempt of Court and so, on the first day, we did not issue any Rule against him. By our ......arned Advocate drawing our attention to the repeated queries made by Ershad for the reasons why the learned Judge concerned could not carry the senior Judge with him, submits that in such a situation money cannot allure a Judge other than the offer of the post of not less then Chief Justice. Therefo..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
Abdul Kader Khan Vs. Rajshahi Co-operative Town Society Ltd, 2002, 31 CLC (HCD)
.... Sadar in (Rent Control) Miscellaneous Case No.245 of 1983 is confirmed. Send down the LCR to the Court concerned at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 633. ....... The landlord shall be bound to make such repair or to take such measures in any event. On his failure to do so the provisions of subsections (1) and (2) shall apply without the limitation as to the amount deductible or recoverable as provided in the said sub-sections." ........................ Sadar in (Rent Control) Miscellaneous Case No.245 of 1983 is confirmed. Send down the LCR to the Court concerned at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 633. ..Category: Tenancy Law | Date: 29 Apr, 2002 | Hits: 3
Delwar Hossain Vs. Rajiur Rahman Chowdhury and another, 2003, 32 CLC (AD).
.... interference. The criminal petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 58. ......faith paid Taka 5,00,000 lac to the accused on 24‑9‑1994 on the basis of an undertaking in writing that the accused would return the money on demand. The accused continued to borrow small amounts of money from the complainant which he paid back in cash or cheque. On 18‑1-1995 ...... The Penal Code, 1960 (XLV of 1960), Sections 406/420 The Code of Criminal Procedure, 1898 (V of 1898), Section 561A Due to inducement the complainant paid money to the accused on the undertaking to repay as and when demanded. The accused issued cheques f..Category: Criminal Law | Date: 24 Apr, 2002 | Hits: 71
Ali Ahmed and others Vs. Government of Bangladesh and others, 2002, 31 CLC (AD)
.... liable to be released even if it remains unutilised by the requiring body. In view of the above, the leave petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 92. ...... liable to be released even if it remains unutilised by the requiring body. In view of the above, the leave petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 92. ......e Minister which was forwarded to the Deputy Commissioner, Dhaka for a report. The Deputy Commissioner submitted a report stating that the land in question could be released on return of compensation money paid to the owners. Since the land was not released even after the report the petitioners made..Category: Property Law | Date: 8 Apr, 2002 | Hits: 84
Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)
.... allegation in this Writ petition is that a Technical Evaluation Committee changed its evaluation report under pressure and as the Government action was taken on the basis of that changed report, the whole transaction has become mala fide and, as such, any conscious citizen may come before this Cour...... to Ekushey Television and one of the conditions was that if the private channel transmits its programmes simultaneously when the BTV also transmitting its programmes the private channel shall pay an amount of Taka 1200 per hour but on a representation of Mr. Abu Sayed Mahmud, Chairman of ETV the Fi......the order for two weeks. Mr. Razzaq opposed the prayer. However, the operation of the order is stayed for ten days. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 537. ..Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7
Raj Unnayan Kartripakshya (RAJUK), Dhk. & ors. Vs. Water Front Apt. Ltd. and ors., 2004, 33 CLC (AD)
....nsel for the petitioners. We find no illegality is committed in the judgment of the High Court Division calling for our interference. Therefore, the leave petition is dismissed. Ed. ......, 2002. The Building Construction Act, 1953 (II of 1952), Section 3 After two years from the date of sanction of the plan and investment of huge amount of money in constructing the building by the party a vested right accrued in its favour. RA...... The Building Construction Act, 1953 (II of 1952), Section 3 After two years from the date of sanction of the plan and investment of huge amount of money in constructing the building by the party a vested right accrued in its favour. RAJUK cannot..Category: Property Law | Date: 9 Mar, 2002 | Hits: 1202
Rabeya Khatun Vs. Md. Saidur Rahman, 2004, 33 CLC (AD)
....iting the rent within 15 days of refusal of the rent by the landlord. 5. We do not find any illegality in the judgment of the High Court Division. The petition is therefore dismissed. Ed. ......iting the rent within 15 days of refusal of the rent by the landlord. 5. We do not find any illegality in the judgment of the High Court Division. The petition is therefore dismissed. Ed. ......was a monthly tenant in the suit premises under the defendant‑petitioner. The petitioner having refused the rent he remitted the rent for the month from September, 1987 to June, 1989 through postal money order which was accepted by the petitioner. Thereafter, he sent the rent by postal money order..Category: Tenancy Law | Date: 19 Feb, 2002 | Hits: 268
Bangladesh and others Vs. Eastern Beverage Industries Ltd. & another, 2004, 33 CLC (AD)
....inciple for six category of cases and that the failure of National Board of Revenue to meet the complexity giving rise to permissible price and in one uniformity that is capacity of each and not as a whole. The teamed Counsel has stressed on the common factor and maximum production with reference to...... Will" and "Delegatus non potest delegare" and "Legislative Supremacy" and then observed as follows: "vast complexities of social and economic conditions of the modern age, and the ever growing amount of complicated social necessities, have made it practically impossible for the Legislatures t......tain controls, is an autonomous body. It has to perform various statutory functions. It is often given power to decide when and in what manner the functions are to be performed. For all this it needs money and its need will vary from time to time with the prevailing exigencies. Its powers to collect..Category: Fiscal/Taxation Law | Date: 13 Feb, 2002 | Hits: 161
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