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Zyta Garments Ltd. Vs. Union Bank Ltd. and another, 2003, 32 CLC (AD).
....er of Credit It becomes an independent agreement between the issuing bank and the negotiating bank as soon as the letter of credit is established, a letter of credit is not subject to claims or defences by either the seller or the buyer. The letter of credit is an ind...... Hosein, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record‑For Respondent No. 1. Not represented‑Respondent No. 2. Civil Petition for Leave to Appeal No. 694 of 2002. (From the judgement and order dated 4‑3......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).
....nterest given by the arbitrator which was affirmed by the lower Court cannot be accepted. 8. Mr. Ozair Farooq, the learned Counsel for the appellant, however, did not contest the claim regarding the payment of Taka 80,57,500 which has already been paid to the contractor but subm...... the appellant as the contractor entered into two agreements namely, agreement No. 16/LMH dated 12 September, 1988 and agreement No. 27/LMH dated 17 September, 1988, with the Government of Bangladesh for reconstruction of the railway line damaged, by flood. After the completion of the works the cont......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
Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)
.... and the said transfers shares to were registered on 3‑1‑1987. The names of the respondents were accordingly, excluded from the register of shareholders of the company. 4. The respondents now claim that neither respondent No. 1 nor respondent No. 2 transferred their shares to appellant No. 3......he respondents reposed trust in Tofayel Ahmed, but he always kept them in dark about the affairs of the company. On 16‑11‑1986 Tofayel Ahmed obtained signatures of the respondents upon some blank forms, stamps and papers and also received their original share certificates representing that loan ...... 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. ......Section 151 (i) Even if there may be an alternative remedy by way of an appeal to this Court, it would not bar the exercise of inherent power under section 151 of the Code of Civil Procedure for ends of justice……(11) (ii) Any order passed on fraudulent misrepresentatio......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
Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).
....he licensing agreement dated 9-3-1999 signed by the Ministry of information, the Ekushey Television Ltd. and Mr. AS Mahmud alleging it to be malafide and not authorised. The petitioners further claimed in the writ petition, that the licence agreement was signed in accordance with t......ereas PIL is intended to vindicate rights of the people. In such a case benefit will be derived by a large number of people in contrast to a few, PIL considers the interest of others and therefore, in a public interest litigation the court will lean to protect the interest of the general pu...... 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)
.... the suit property was not included in the gazette under Ordinance LIV of 1985 due to a mistake. 5. The learned Subordinate Judge after hearing the parties arrived at the findings that the claim of physical possession of the suit property by the plaintiff is not a fact, the suit is barre......urt Division passed in First Appeal No. 52 of 1990 filed by the respondents. The respondent No. 1 as plaintiff instituted Title suit No.135 of 1985 in the First Court of Subordinate Judge, Dhaka, for Specific Performance of Contract on the averments, inter alia, that the respondent No. 2, Be......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)
....ade valid for October 1998 shipment and the workable letter of credit to reach by 23-10-98 violating the above term of the contract. Because of different heads of breach of the contract filed a final claim for US$ 1,806,816 to such offer and other reasons, the plaintiff suffered loss and it assessed......2. Result: The petition is dismissed. The Arbitration Act, 2001 (Act No. I of 2001), Section 10 It is absolutely the domain and the discretion of the court to grant the relief sought for or to grant any other general or other relief that may be thought fit and proper. In the instant......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.......999 of the 5th Court 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......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. ......#8209;Huq, Senior Advocate instructed by Mvi Md Wahidullah, Advocate‑on‑Record‑For Respondent No. 2. Not represented‑Respondent No. 1. Civil Petition for Leave to Appeal No. 1346 of 2001. (From the judgment and order dated 25th June 2001 passe...... 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)
....ed the accused to purchase any land or that his wife took any advance part payment of the sale price of then land after taking money in exchange of it. 12. PW 3 the victim deposed that the accused claimed to have arranged 1800 taka as relief money from the office of the Deputy Commissioner, Rajba......588 of 1996 convicting the (accused appellant) under section 6(1) of Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 (hereinafter shall be referred to as the Ain) and sentencing him to imprisonment for life. 2. The prosecution case is that the informant on 18-11-1996 in good faith at the sugges......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
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)
....lished in the Dhaka Gazette dated November 4, 1965 notifying the property as evacue/enemy property, illegal, without jurisdiction and not binding upon the plaintiffs. 2. The plaintiffs are claiming the property as described in schedule 'A' to the plaint on the basis of exchange with the ......titioners. KZ Alam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record‑For Respondent No.1. Not Represented‑Respondent Nos. 2‑9. Civil Petition for Leave to Appeal No. 27 of 2002. Judgment Md. Ruhul Amin J.- This p......sion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39. ..Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175
Amir Hossain Vs. Homeland Footwear Ltd. and others, 2002, 31 CLC (HCD)
....since the relevant file was forcibly taken away by the petitioner himself, he could not prepare the affidavit-in-opposition properly giving the correct facts and figures. Besides, he submits that the claim of the petitioner from which the instant proceeding arises is, as a matter of fact, the price ......—For Respondent Nos. 5‑7. Matter No. 59 of 2001. Judgment ABM Khairul Haque J.—This is an application under section 241(v) of the Companies Act, 1994, filed by one Amir Hossain praying for winding up of Homeland Footwear Ltd ('the company'). 2. The case of the petitioner, in short,......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
Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)
....der brother of the informant, in examination-in-chief stated that while the informant P.W.1 was quarreling with the accused appellant stating that he should divorce Panna Rani Chakraborty and give up claim of dowry and then he being annoyed tightened a belt around the neck of the victim to strangula......irjatan Daman Case No.40 of 1999 convicting the accused appellant under section 10(2) of the Nari-o-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 and sentencing him to suffer rigorous imprisonment for life. 2. The prosecution case, in brief, is that the informant Purnima Rani Das, P.W.1 was le......at No.2 Jhalakati, in Nari-o-Shishu Case No.40 of 1999 is hereby set aside. Send down the lower Court record expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 527. ..Category: Women and Children | Date: 20 Jul, 2002 | Hits: 173
BD rep. by the Sec. Min. of Works & ors. Vs. Kazi Ashrafuddin Ahmed, 2003, 32 CLC (AD).
.... Court Division on the decision in the case of Buxly Paints (Bangladesh) Ltd vs. Bangladesh reported in 31 DLR (AD) 266 has observed as under: "In the present case the petitioner, as claimed by him, is in possession of the property since the date of execution of Deed of Agreement fo......-on-Record‑For the Petitioners. Mahbubey Alam, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate‑on‑Record‑For the Respondent. Civil Petition for Leave to Appeal No. 1000 of 1997. (From the judgment and order dated 3rd March 1997 passe......e in the submission of the learned Additional Attorney-General for our interference with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ..Category: Property Law | Date: 13 Jul, 2002 | Hits: 89
Ibrahim Ali and ors. Vs. State, 2004, 33 CLC (AD)
.... 3. In the background of the aforesaid prosecution case the appellants and 7 others were called upon to answer the charge framed under sections 468 and 468/109 of the Penal Code. The accused claimed to be innocent. On conclusion of trial the Upazila Magistrate by the judgment and order dat...... July 8, 2002. The Penal Code, 1860 (XLV of 1860), Section 463 Making of false statement in a document by the executant thereof does not saddle him with the liability of committing forgery or that of making of a false document……….(15) Cases Referred to-......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)
....tional obligations and statutory duties by and on behalf of the respondent Nos. 1, 2 and 3, in dealing with public property in clear violation of legal mandates and public policies. The petitioners claim that as conscious citizens of this country, they are duty bound to invoke the extra-ordinary.......(59) The Ekushey Television is an example of wanton licence with a shady deal in every step of the licensing process. It illustrates how executive power can be corrupted while law is forced to take a back seat…..(70) This court under constitutional mandate is d......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
....t Constitution in 1956 which incorporated Article 176 empowering the Supreme Court and the High Courts to deal with the contemners. The above Constitution was abrogated in 1958 and Martial Law was proclaimed. Thereafter, we had for the second time a Constitution in Pakistan in 1962. The 1962 Constit......e (1976) 65 DLR (3rd) 608, R V Gray (1900) 2 QB 36, CK Dephtary Vs. OP Gupta, AIR 1971 SC 1132, Halmore Vs. Smith (1886) 35 Ch. D 449, Channing Arnold Vs. The King Emperor, 18 CWN PC 785, Ambard V AG for Trinidad and Tobago 1936 AC 322 = (1936) 1 All England Report 704, AIR 1978 SC 921 = (1978) 3 SC......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)
....troller. 10. I have gone through the judgments of the Courts below and other materials on record. In view of the submissions of the learned Advocate for the petitioner and also of the petitioner claim, it requires me to reproduce the relevant portions of the section 21(1) and 21(......Sadar, Rajshahi in (Rent Control) Miscellaneous Case No.245 of 1983. 2. Short facts leading to the disposal of this Rule are that the petitioner instituted the Rent Control Case No.245 of 1983 before the Controller against the opposite party with the prayer to make necessary repairing works and...... 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. ......cedure, 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 for repayment which were dishonoured, it is a prima-facie case of deception. Moreover there is no b...... 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
Gouri Das and ors. Vs. ABM Hasan Kabir and others, 2003, 32 CLC (AD).
.... Gouri Das and ors............... Appellants Vs. ABM Hasan Kabir and others …Respondents Judgement April 9, 2002. Adverse Possession The claim of adverse possession must be specifically claimed in the pleadings, hostile title must be ass......s by special leave are directed against the judgement and order of the High Court Division in Civil Revision Nos. 2407 and 7793 of 1991 dated 15‑1‑1995 making the making the Rules absolute in the former and discharging the Rules the latter. 2. These appeals arose out of two ti......urt Division is not correct inference. In view of the above, the appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 449, 635. ..Category: Tenancy Law | Date: 9 Apr, 2002 | Hits: 148
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