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Privatisation Board Vs. AK Fazlul Huq & ors., 2003, 32 CLC (AD).

....jurisdiction and obtained the Rule on 29th February, 2000.  3. The Rule was contested by the Board stating, inter alia, that the Government agreed to bear the liability of short term loan claimed by the Agrani Bank and, as such, petitioner had no reason to perform the part of his contrac......, Senior Advocate, instructed by Mvi. Md Wahidullah, Advocate‑on‑Record ‑ For the Respondent No. 1.  Not represented ‑ Respondent No.2.  Civil Petition for Leave to Appeal No. 1205 of 2000. Judgment       &n......sell Kohinoor Battery Manufacturers Ltd at 143­145, Tejgaon Industrial Area. The respondent No. 1 submitted tender for purchasing the same quoting Taka 16,00,9990 and accordingly paid the earnest money of Taka 40,00,250 and he became highest bidder, that Board issued letter of intent dated 11 Fe..

Category: Business or Commercial Law | Date: 24 Jun, 2001 | Hits: 135

Abdur Noor and others Vs. Mahmood Ali and others, 2002, 31 CLC (AD)

.... interference. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 67. ......dvocate-on-Record—For the Petitioners. Sharifuddin Chaklader Advocate-on-Record—For Respondent No.2. Not represented—Respondent Nos. 1, 3-7. Civil Petitioner for Leave to Appeal No.1216 of 1997.   (From the judgment and order dated 4-6-1997 passed......ntly at the intervention of the salish defendant No.2 paid rent for the month of Poush 1391 BS to the plaintiff but he did not grant any receipt and the rent for the month of Magh 1391 BS was sent by money order which was returned on 26th February, 1985. The contesting defendant prayed for dismissal..

Category: Tenancy Law | Date: 3 Jun, 2001 | Hits: 75

Gazi M Towfic Vs. Agrani Bank and others, 2001, 30 CLC (AD)

....cree. The High Court Division therefore rightly rejected the application summarily. The leave petition is dismissed. Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 6.  ......01. Result: The leave petition is dismissed. The Artha Rin Adalat Act, 1990 (IV of 1990), Section 6 The Constitution of Bangladesh, 1972, Article 102  There is special provision for appeal against the judgment and decree passed by the Artha Rin Adalat so no application under Ar......cree. The High Court Division therefore rightly rejected the application summarily. The leave petition is dismissed. Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 6.  ..

Category: Business or Commercial Law | Date: 29 May, 2001 | Hits: 145

Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)

.... alia, that the suit is not maintainable in its present form and manner and that the plaintiffs have no right, title, or interest over the suit property and, as such, they are not entitled to get the claimed reliefs. It is further case of the defendants that after the liberation of Bangladesh, in or......cial status the defendants can realise the actual cost of the construction only from the plaintiff’s i.e. Taka 24,535.77 (Taka twenty-four thousand five hundred thirty-five seventy-seven paisa) for each semi pucca tin shed house.” 3. The case of the plaintiffs, in short, is that pla......eed on payment of the entire consideration, if it was found that the affidavit affirmed by the allottee was false, the Ministry of Works reserves the right to cancel the allotment on confiscating the money paid by him. It clearly mentioned that the allotment letter did not confer any right upon the ..

Category: Evidence Law | Date: 21 May, 2001 | Hits: 183

Hosna Ara Begum others Vs. Montaj Ali and ors. 2003, 32 CLC (AD).

....sion in Civil Revision No. 1200 of 1996 are set aside and the judgement and decree dated 8-11-1995 passed by the SCC Judge, Sadar, Sylhet, in SCC Suit No. 3 of 1992 are restored.  Ed. ......bsp; Judgment January 15, 2001. The Code of Civil Procedure, 1908 (v of 1908) Order XLI rule 23  Where the evidence has been duly placed before the trial court and it has decided the suit on merit the revisional court has no power to rema......ate for the appellants.  We have quoted portion of the deposition of DW 1 wherein he admitted that he sent rent by post for the month of August, 1991 in the name of the original landlord and the money order was returned on 11-9-91 with the endorsement that the landlord had died and that thereaf..

Category: Civil Law | Date: 15 Jan, 2001 | Hits: 163

Abu Zafar Tipu Vs. Syed Abu Siddique, 2000, 29 CLC (HCD)

....¦â€¦â€¦Petitioner Vs. Syed Abu Siddique……………………………Opposite party Judgment November 16, 2000. Result: The Rule is made absolute. When claims of the parties are to be settled on the basis of accounting, the liability shall be a civil ......e absolute. When claims of the parties are to be settled on the basis of accounting, the liability shall be a civil liability. When both the parties to any dispute submit their claim before the Arbitration Board, decision of the Arbitration Board is binding of both the parties. Any f......C.R. Case No.3643/98 (T.R.No.97/99) now pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 93. ..

Category: Procedural Law | Date: 16 Nov, 2000 | Hits: 3

Abdur Rouf Chowdhury Vs. Abdul Hashem (Hashu) and another, 2000, 29 CLC (HCD)

....1 submits that the possession of the suit land was not handed over to the plaintiff by Mr. MS Islam and the plaintiff is also not in possession of the suit land in part performance of the contract as claimed by the plaintiff and so the inspection as prayed, is necessary and the learned Assistant Jud......gned judgment and order dated 13-5-98 passed by the Assistant Judge, 1st Court Dhaka in Title Suit No.134 of 1998 should not be set aside. 2. Brief facts are that, the petitioner instituted the aforesaid suit praying for a decree of permanent injunction restraining the defendant opposite partie......by baina dated 15-4-80 agreed to sell the Suit land along with other lands to Mr. Mohshahid Ali Chowdhury, the father of the plaintiff, and also received Taka 8,50,000.00 as part of the consideration money but subsequently, Mr. MS Islam, while executing a deed of sale on 5-1-81 in favour of Mohshahi..

Category: Property Law | Date: 17 Oct, 2000 | Hits: 136

State Vs. Babul Hossain, 2000, 29 CLC (HCD)

....) of the Act and against accused Siraj Mia under section 14 of the Act. Charge so framed having been read over to the accused in dock i.e. accused Babul Hossain and Siraj Mia they denied the same and claimed to be tried. 7. Prosecution in all has examined 15 witnesses including official witnesse......he Act, and thereupon sentencing them to death by the judgment and order dated 23- 9-1997 passed in Nari-o-Shisu Nirjatan Daman Bishes Case No.16 of 1997, hereinafter in brief the case of the hereinbefore mentioned Adalat has made this reference (in the light of the provision of section 25 of the Ac...... her parents’ house, that after holding of a Salish informant’s sister went back to the house of her husband; that in the Salish it was decided that in case of accused Babul Hossain’s arranging money forgoing abroad he would be paid taka 30,000.00 as asked by him; that 15 days prior to the inc..

Category: Women and Children | Date: 4 May, 2000 | Hits: 115

Editor, Banglabazar Patrika and two others Vs. District Magistrate and Deputy Commissioner, Nagaon, 2000, 29 CLC (HCD)

....ected to send the copies of this judgment to the Ministries of Home, Law, Education and Religious Affairs immediately. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......bazar Patrika on 02.12.2000 which briefly is this. Sahida, wife of Saiful (son of Golam Mostafa), of village Atitha within Kirtipur Union Parishad under Sadar Upazilla of the district of Naogaon, was forced to marry her husband’s paternal cousin Samshul on a so-called fatwa by Hazi Azizul Huq that...... as a purchaser of her. 5. The Quran altered the position of the wife from that of a sale-object to that of a contracting party by a simple rule that the wife herself alone shall receive the dower money payable by the husband. “And give the women dowries as a gift, free (The Quran, 4:4). The Qu..

Category: Family Law | Date: 1 Jan, 2000 | Hits: 240

Sunderban Taxtils Mills Vs. The Commissioner of Taxes, 1999, 28 CLC (HCD)

....sit account with the Bank is nei­ther reinvestment in the said undertaking nor investment in the purchase of bonds issued by the Government. We have already noted that the applicant is entitled to claim the benefit of tax holiday upon fulfilling the terms and con­ditions as laid down in sub-se......ed of by this judgment. 2. The applicant Mills although not incor­porated as a company under the Companies Act yet by a deeming provision in the Finance Act, 1973, it is treated as a company for the purpose of assessment of Income Tax. The assessee company obtained tax holiday bene­fit un......ch the incomes derived by the applicant company during the tax holiday period are exempted from pay­ment of tax and no also is the income from investment arising out of the deposit of the surplus money of applicant in the Bank but the Revenue Authority illegally levied tax on interest treating ..

Category: Fiscal/Taxation Law | Date: 8 Dec, 1999 | Hits: 9

Bangladesh Paribar Parikalpana Samity Vs. Bangladesh Paribar Parikalpana Samity Karmachari Union and others, 1999, 28 CLC (HCD)

....dent no.1 denying the material averments made therein and reiterating the statements made in the Writ petition. It has further been stated that the person who has affirmed the affidavit-in-opposition claiming himself to be the Secretary of Bangladesh Paribar Parikalpana Samity Karmachari Union beari......tical, non-profit, voluntary social welfare organisation, and that primary object of the Association is to advocate family planning and the matters related there to persons engaged by the Association for the purpose of implementation of its primary objects upon forming Association, applied to the Re......or the attainment of the aims and objects of the samity and, as such, only because of having those installations it cannot be said that the samity is engaged in business or that rendering service for money or that earns profit or that samity’s work is being run with the motive of earning profit. ..

Category: Labour and Industrial Law | Date: 18 Nov, 1999 | Hits: 2118

Chairman, BD Water Dev. Board & anr Vs. Shamsul Huq & Co. Ltd. & ors., 1999, 28 CLC (AD)

.... in its writ jurisdiction is not a Court for the recovery of money and has no jurisdiction to give a direction for payment of a particular amount of money to the writ-petitioner, unless the amount claimed is both an admitted amount as well as a statutory payment. The High Court Division exceeded......; The appeal is allowed. The Bangladesh Water and Power Development Boards Order, 1972 (President's Order No. 59 of 1972) Article 4(3) Article 4(3) was never meant to be a provision for enabling the Government to interfere with the day-to-day function of either Board in an indivi......It was, therefore, totally inappropriate and uncalled for the High Court Division to opine that the writ petitioner was not required to go for arbitration or that the writ petitioner spent his good money and fulfilled the terms and conditions of the contract and that the work having been complet..

Category: Contract Law | Date: 19 Jul, 1999 | Hits: 236

Rokeya Kabir Vs. Government of Bangladesh through the Ministry of Home Affairs and others, 1999, 18 CLC (HCD)

....he Rule to support and strengthen the petitioner’s case Mrs. Aroma Goon, daughter of Sanjib Datta and grand daughter of Dhiren Datta came forward to be added as petitioner No.2. As the petition was claimed to be in the nature of public interest litigation the petitioner was allowed to be added as ......ld not be given upon the respondents as to why Ayesha Akhter (previously named as Dipali Pal Chowdhury) now detained in the Dhaka Central Jail under the guise of safe custody should not be produced before this Hon’ble Court so that the court may satisfy itself that the said Ayesha Akhter (previous......both the victim girl and Rubel by swearing a joint affidavit before a Notary Public (Annexure ‘B’) declared that they had married according to Muslim Law with an amount of Taka 1, 00,001 as dower money. A marriage ceremony was later observed by her in-laws on 7-3-98 and accordingly, their marria..

Category: Women and Children | Date: 26 May, 1999 | Hits: 98

Managing Director Dhaka WASA Vs. Superior Builders and Engineers Ltd., 1999, 28 CLC (AD)

....t the High Court Division acted in excess of jurisdiction. The cost has been rightly given. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 56. ......ve to appeal No. 740 of 1998. (From the Judgment and order dated 15-6-98 passed by the High Court Division in Writ Petition No.562 of 1998). Judgment Mustafa Kamal J.- This petition for leave to appeal by respondent-petitioner No.1 is from the judgment and order dated 15-6-98 passe......ner for supply of water tank and 150 KVA generator for Dhaka WASA. The acceptance of the respondent bid was communicated by Memo. dated 24-11-97. The respondent deposited Taka 6,78,000.00 as security money upon furnishing Bank guarantee. The respondent also executed the contract. But all on a sudden..

Category: Contract Law | Date: 5 Jan, 1999 | Hits: 249

Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,

....he whole question is whether Mataa can be equated with maintenance as has been done by the High Court Division. We shall see whatever be the meaning of Mataa it is certainly not maintenance as can be claimed within the meaning of the Family Court Ordinance. It is clear that the interpretation given ......ment December 3, 1998. (i) Muslim Law-Divorce and Maintenance-Meaning of ‘Mataa’ Per A.T.M. Afzal CJ: Mataa is something to which a divorced woman is entitled and which the former husband is under an obligation to pay seems to follow naturally from the Ayat (241, Sura Baka...... J: Under the strict interpretation of the word Mata’a all that can be given is three pieces of cloth sufficient for a divorced woman to pray. The maximum that can be given is half of the dower money fixed. But, of course, instances have been provided to us that Hazrat Hasan Bin Ali (R) gave h..

Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262

Firoz Miah Vs. State, 1998, 27 CLC (HCD)

....r bail of the appellant which may be filed on behalf of the appellant after receipt of the record. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 37.......s Judge, Brahmanbaria in Special Powers Act Case No. 137 of 1991 convicting the appellant under section 6 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 sentencing him to imprisonment for life and to pay a fine of Taka 5,000.00 in default to suffer RI for one year more. 2. The p......r one year more. 2. The prosecution case is that the deceased Sahara Begum was married to accused Firoj Miah (present appellant) about 3 years before the occurrence. At the time of marriage cash money and other valuables were given to the accused but a few days after marriage he demanded furthe..

Category: Women and Children | Date: 30 Nov, 1998 | Hits: 103

Molla Habibur Rahman Vs. Board of Intermediate and Secondary Education, Jessore and others, 1998, 27 CLC (HCD)

.... authority and to be of no legal effect. The order of stay granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 115. ......g of 10 members of whom 4 (four) are i.e. elected by the Guardians, 2 (two) by the teaching staff, 1 (one by the founders, 1(one) by the Donors and 1 (one) is nominated by the department of Education for the category of persons interested in education while the Headmaster of the School acts as ex of...... that respondent No. 3 Md. Fazlul Huq Gazi and respondent No. 4 Mozammel Hoque are respectable persons of the locality; that they have established the said School in the year of 1967 and have donated money and land for the purpose and in recognising of their contribution they were nominated as found..

Category: Civil Law | Date: 19 Aug, 1998 | Hits: 100

Dipak Kumar Roy @ Kazal Vs. State, 1998, 28 CLC (HCD)

....and order of stay stands vacated. Communicate the order to the Court below to proceed with the case in accordance with the law. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 603. ...... cause as to why proceedings of Nari­-O‑Shishu Nirjatan Bishesh Bidhan Case No.491 of 1997 pending in the Court of Nari‑O‑Shishu Nirjatan Bishesh Adalat, Dhaka should not be quashed. 2. Informant opposite party No.2 Ramaboti Roy lodged GD entry No.323 dated 6‑8‑97 with Kotwali PS Mym......hat under section 2 of the said Act "dowry" will mean any property or valuable security given or agreed to be given at or before or after marriage and in the absence of any allegation in the FIR that money demanded on the date of occurrence had already been agreed upon no offence under section 11 of..

Category: Women and Children | Date: 7 Jun, 1998 | Hits: 76

Lutful Karim and others Vs. Shahidullah and others, 1998, 27 CLC (AD)

....puted kabalas were manufactured fraudulently. The predecessor of the defendants never acquired any title or possession in the suit land by the impugned kabalas. The defen­dants for the first time claimed the ownership of the suit land on 5-5-1991 in connection with the recent survey of land and ......ructed by Sharifuddin Chaklader, Advocate-on-Record—For Res­pondent No.1 (In both the Petitions). Not represented—Respondent Nos.2-17 (In both the Petitions). Civil Petition for Leave to Appeal Nos.57 and 58 of 1998. (From the judgment and order dated 19-8-97 passed by...... main assertion of the defendants was that the defendants are the successors of Salamatullah who is the Vendee of the suit land sold by Charag Ali, the ancestor of the plaintiffs as he was in need of money. Charag Ali handed over possession to the Vendee after the sale, Charag Ali was an edu­cat..

Category: Civil Law | Date: 15 Mar, 1998 | Hits: 5

Bangladesh Moktijoddah Kalyan Trust rep. by MD Vs. Kamal Trading Agency & others. 1997, 26 CLC (AD)

....ppearing for the plaintiff-respondents, submits, first, that the question is essentially one of fact whether there was an enforceable agreement between the parties, which justified the respondent’s claim for specific performance. He submits that the trial Court as well as the High Court Division h............Respondents Judgment November 6, 1997. Result: The appeal is allowed. The Contract Act, 1872 (IX of 1872), section 7 Defendant floated a tender inviting offers for setting its property to which plaintiff offered to purchase the same and sent a bank draft for 2......ne the highest market price. After long negotiation by a letter dated 31-5-1986 the appellant requested respondent No.2 only to submit his offer quoting the highest market price along with 2% earnest money by 3-6-86. Accordingly respondent No.2 determined the highest market price of Taka 1,00,000.00..

Category: Contract Law | Date: 6 Nov, 1997 | Hits: 292