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Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprise Ltd, 1994, 23 CLC (HCD)
....e agreement relates, that the agreement be filed in Court. (2) The application shall be in writing and shall be numbered and registered as a suit between one or more of the parties interested or claiming to be interested as plaintiff or plaintiffs and the remainder as defendant or defendants, i......itration Miscellaneous Case No. 78 of 1990 making the award a Rule of the Court. 2. The defendant Bangladesh Telegraph & Telephone Board (hereinafter referred as the BTTB) is the appellant before us and the plaintiff Lithi Enterprise Ltd, a private limited company, is the respondent. BTTB i......s hit by section 21 of the Specific Relief Act and for this he referred to clause (a) and clause (b) of this section. He has argued that a contract for the non‑ performance of which compensation in money is an adequate relief and further a contract which runs into such minute or numerous details t..Category: Arbitration Law | Date: 17 Jan, 1994 | Hits: 4
SM Wadud Vs. Principal Secretary, Presi¬dent Secretariat and others, 1994, 23 CLC (HCD)
.... In the result, the Rule is made absolute in the light of observation made above without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 251 ......cted to review the order of retirement of the petitioner from the service of Sub-Divisional Adjutant of Ansars under Martial Law Order No. 9 of 1982, contained in Annexure-C to the petition as prayed for or such other or further order or orders as to this Court may seem fit and proper. 2. The f...... 2, 3 by filing affidavit-in-opposition controverting the allegations made in the petition submitting that the petitioner was dismissed from service due to some irregularities and misappropriation of money under MLO 9 of 1982. On sympathetical consideration the review committee took a liberal view a..Category: Administrative Law | Date: 16 Jan, 1994 | Hits: 1
....ame from him. On demand for payment of the dues defendant No. 1 assured co‑operation with the plaintiff for adjustment of the liability but it stood as assurance only without any payment. The total claim of the plaintiff was Taka 25,499.25 together with interest at the rate of 9½% per annur......ntest against the defendant Nos. 2‑4 with interest at the rate of 5% percent and dismissed the suit against the rest defendants without costs.
2. The respondent being plaintiff instituted the aforesaid Money Suit on the allegation that defendant No.1 being a businessman dealing in whole‑sal...... with endorsement on the back of the RR for simplification of the work and early payment and sent messenger to the drawee; to make the payment. Then this defendant again tried his best to collect the money but in vain and he sent the bills to the plaintiff on 12.6.68 which the plaintiff received dul..
Category: Contract Law | Date: 13 Jan, 1994 | Hits: 3
Saheb Ali Miah Vs. State, 1993, 22 CLC (HCD)
....ible in accordance with law. Let the case records be sent down at once with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 238. ......a Union Parishad arises out of the Judgment and order dated 6.9.1990 passed by Mr. ABI Mostafa, Assistant Sessions Judge and Special Judge, Faridpur in Special Case No.36 of 1990 convicting the aforesaid accused appellant under section 409 of the Penal Code read with section 5(2) of the Prevent......nd he also informed that work of the project worth of Taka 37,868/59 was only completed. The accused Saheb Miah, Upazila Project Chairman did neither deposit the said aforesaid unutilised sum of money being asked for by the Upazila Chairman nor did he give any reply to the said memo of the Upaz..Category: Criminal Law, Procedural Law | Date: 24 Nov, 1993 | Hits: 2
....Plaintiff's further case is that defendant No. 2 is the agent of defendant No.1 at Chittagong and made declaration under section 64 (d) of the Sea Customs Act and as such liable for the claim. The defendants having not satisfied the claim in spite of demand plaintiff as subrogate of pr......of 1966 and the record of that appeal has been withdrawn to this court and ordered to be heard analogously with these four appeals by order dated 23.8.1989. But since the said appeal is not yet ready for want of the lower court records which are reported to be not traceable we directed by order date......dismissed. Since the plaintiff-respondent No. 1 did not appear at the hearing, we think that there should be no order as to cost.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 23
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Category: Fiscal/Taxation Law | Date: 23 Nov, 1993 | Hits: 4
....hile issuing the Rules operation of the notification for allotment was stayed as prayed for.
2. Though the petitioners in the above three Writ Petitions are different the lands under requisition claimed by the petitioners appertain to the same mouza Joar Shahara No. JL No. 271 and the facts sta......esent:
Habibur Rahman Khan J
Md. Fazlul Karim J
Sadeque Uddin Ahmed & others………………Petitioners
Vs.
Rajdhani Unnayan Kartripakhya (formerly Dhaka Improvement Trust) and others…………………......ral Land Allocation Committee on 21.10.61. The DIT started the proceeding in LA Case No. 138 of 1961‑62 under section 93A of the Town Improvement Act, 1953 and after paying part of the compensation money to the affected persons DIT obtained delivery of possession in respect of the land of the plot..
Category: Constitutional Law, Property Law | Date: 22 Nov, 1993 | Hits: 2
Meherun Hossain and others Vs. Nazrul Islam and others, 1993, 22 CLC (HCD)
....reement to sell the suit property at the time mentioned in the plaint and allegation of extension of the agreement for sale is totally false and the alleged execution is illegal; that plaintiff's claimed agreement having been executed without permission of the court is not legally binding on the......y the defendant appellants is against judgment and decree dated 28.4.1988 passed by the Subordinate Judge, 2nd Court, Dhaka in Title Suit No.143 of 1984 decreeing plaintiff respondent No.1's suit for specific performance of a contract for sale. 2. Plaintiff-respondent No.1 filed the aforesa...... and on behalf of minor defendants entered into an agreement for sale of the suit property to the plaintiff at a consideration of Taka 4,00,000.00 on 28.5.84 on receipt of Taka 1,00,000.00 as earnest money stipulating to get herself appointed guardian of the minors and to obtain necessary permission..Category: Property Law | Date: 14 Nov, 1993 | Hits: 2
....n of Abdur Rahim for an area of 0.47 acres under SA Khatian No. 784 (CS Khatian No. 941) in plot No. 3731 including some other plots of Mouza Banchha Nagar. The petitioner however, did not submit any claim or objection on receipt of the notice under section 6 of the Ordinance as to ascertain the qua......sent:
Habibur Rahman Khan J
Mohammad Fazlul Karim J
Haji Abdur Rahim.....................................Petitioner
Vs.
Secretary, Ministry of Land Administration and Land Reforms & others…...Respondents
Judgment
September 9, 1993.
Result:
The...... authority and are of no legal effect.
The Rule is accordingly made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 378
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Category: Property Law | Date: 9 Sep, 1993 | Hits: 4
Captain I Z A S A Chowdhury Vs. "MV Stern" and others, 1993, 22 CLC (HCD)
....s for payment of the dues unsuccessfully. For non‑payment of dues Legal Notice demanding payment was served on the aforesaid defendants but with no favourable result. Accordingly, he filed the suit claiming US Dollar 5880.00 as wages as per schedule to the plaint with a claim of interest @ 20% on ......es—For the Plaintiff M Hafizullah with SK Siddque, Advocates—For the Defendant No. 3. Admiralty Suit No. 18 of 1993. Judgment AM Mahmudur Rahman J.-This application is for encashment of Bank Guarantee No. PG/BDT/49/93 dated July 17, 1993 furnished on behalf of the def......nce of this case, I direct the parties to take necessary step for djsposal of the suit as expeditiously as possible. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 172 ..Category: Admiralty Law or Maritime Law | Date: 9 Sep, 1993 | Hits: 3
South Asia Shipping Ltd Vs. MV Tony Best and others, 1993, 22 CLC (HCD)
.... said amount was returned by the demand of the advance paid by the master. 3. Mr. Mahmudul Islam seriously contends that this Court is not vested with the jurisdiction to entertain the plaint as claim does not relate to salvage. He says that unless the claim has nexus with salvage of her cargo ......he Plaintiff Mahmudul Islam, Advocate—For the Defendants. Admiralty Suit No. 19 of 1993. Judgment AM Mahmudur Rahman J. — This application is by the defendants 1 and 2 for rejection of the plaint for want of cause of action. The application is resisted by the plaintif......n to the port with 80 M/Tons of cement. The plaintiff alleged that for sending MV Queen of Heart for lighterage job including special pay for the master and the crews it had to spend a huge amount of money as per condition No. 5 of the agreement and the plaintiff is entitled to freight on the basis ..Category: Admiralty Law or Maritime Law | Date: 25 Aug, 1993 | Hits: 4
Haider Ali Fakir Vs. Government of Bangladesh others, 1993, 22 CLC (HCD)
....definition clause was again reiterated in a recent decision in the case of Government of Bangladesh Vs. Mirza Shahab Ispahani reported in 40 DLR (AD) 116. 10. In the cited decision the owner was claiming before the Court that the property is not an abandoned property and in such circumstances o......, Block F, Mohammadpur, Dhaka) maintaining the inclusion of Holding No. 6 A/7, Block F, Joint Quarter, Mohammadpur, Dhaka belonging to the petitioner in the list of abandoned property dismissing the aforesaid case should not be declared to have been passed without lawful authority and is of no legal......m Ali Mohammad Khan, the original allottee of the Government of erstwhile East Pakistan allotted on 25.10.62 followed by delivery of possession on 13.12.62. Mr. Khan received Taka 9,000.00 as earnest money out of total consideration of Taka 10,000:00 and delivered vacant possession of the house and ..Category: Abandoned Properties Law, Property Law | Date: 25 Aug, 1993 | Hits: 11
....he learned Subordinate Judge in the said suit upon an application filed by the plaintiff under Order 38 rule 5 CPC for attachment before judgment some property of the defendant, against the claimed amount of the plaintiff in the suit alleging that the defendant in order to avoid payment of......hammed J. - In this case the respondent Himalaya Ice & Cold Storage Company Ltd. has brought Money Suit No. 15 of 1988 in the Court of the Subordinate Judge 1st Court Khulna against the appellant for realization of money upon the allegations that during his tenure of office as the Managing Direc...... case the respondent Himalaya Ice & Cold Storage Company Ltd. has brought Money Suit No. 15 of 1988 in the Court of the Subordinate Judge 1st Court Khulna against the appellant for realization of money upon the allegations that during his tenure of office as the Managing Director of the plaintif..
Category: Arbitration Law | Date: 9 Aug, 1993 | Hits: 3
Bengal Water Ways Ltd. Vs. Inland Water Transport Authority & others, 1993, 22 CLC (HCD)
....beyond repairs due to the mishandling. Accordingly, an estimate of the loss and damage caused by the salvage party to the said 'ML Rokeya' was assessed to the tune of Taka 3,03,800.00 only as claimed by the plaintiff against the defendants. The defendants, on the other hand, prepared a bill ......mp; others……………Respondents Judgment July 25, 1993. Result: Both the parties are directed to maintain status quo till disposal of the application for temporary injunction. Cases Referred to- Secretary, Dacca Club Ltd. Vs. Mustafa Jamal;......ndly, that the convenience and inconvenience will be in favour of granting temporary injunction and thirdly, that the petitioner shall suffer irreparable loss or damage which cannot be compensated by money if injunction is not granted. However, it is an equitable relief which is discretionary with t..Category: Corporate Law | Date: 25 Jul, 1993 | Hits: 2
A Quyyum and another Vs. Uttara Bank Limited and Others, 1993, 22 CLC (HCD)
.... maintainable in its present form, that the suit was not barred by limitation; that the N.I.T. Certificates were not encashable by the Plaintiff-Bank and that the Defendants were liable for the money claimed. Upon these findings, the learned Subordinate Judge decreed the suit against the Defendants-......ttara Bank Limited. instituted Money Suit No. 162 of 1981 on 28.5.81 in the Court of the Subordinate Judge. 3rd Court, Dhaka, which was later on renumbered as Money Suit No. 657 of 1984. on transfer, for a decree of Tk. 1,07,099/08 with interest from the Defendants-Appellants, on the allegations, in......it was maintainable in its present form, that the suit was not barred by limitation; that the N.I.T. Certificates were not encashable by the Plaintiff-Bank and that the Defendants were liable for the money claimed. Upon these findings, the learned Subordinate Judge decreed the suit against the Defen..Category: Limitation Law | Date: 25 Jul, 1993 | Hits: 3
Nurunnahar Khatun Vs. State, 1993, 22 CLC (HCD)
....Code. 3. On the basis of the allegation the victim girl was arrested and produced before the Magistrate on 6.7.92 where she made her statement under section 164 of the Code of Criminal Procedure claiming to be 20 years old. She has further claimed to have embraced Islam, taken the name of Nurun......t. Both the petitions are under section 491 of the Code of Criminal Procedure. 2. The facts, in short, are that the father of alleged victim girl, Nurunnahar Khanom @ Sima Rani Chakrabarti, as informant lodged the First Information Report on 1.7.92 alleging that on the night following 30th June...... prayer of Mr. SS Halder, the learned Advocate for the parents, the prayer for the advance order is withheld for 1 (one) month. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 112. ..Category: Criminal Law | Date: 14 Jul, 1993 | Hits: 3
....e-holder in a company cannot sue the company for wrong or damage or for any loss suffered by the company. If any wrong is done or damage is caused to a company, the company is the only person who can claim for damage against the person who has caused such damage……(14)
Cases Referr........Respondent
Judgment
July 14, 1993.
Result:
The appeal is allowed.
Contract Act (IX of 1872); Section 10, 30 & 73
A person who is not party to the contract cannot enforce the terms of the contracting parties
A stranger to a contract cannot sue the other party.......ustries Ltd. for providing four fishing trawlers for catching fishes in the sea. It is alleged that for the formation of the company the plaintiff took all steps in the matter by spending huge sum of money. The necessary employees were employed and all other incidental matters were provided by the p..
Category: Contract Law | Date: 14 Jul, 1993 | Hits: 9
Abul Khayer and 3 others Vs. State, 1993, 22 CLC (HCD)
....ter and ultimately on that date after hearing both the sides, framed charges against all the 9 accused persons under sections 302/201/114/34 of the Penal Code to which they all pleaded not guilty and claimed to be tried. Meanwhile, the learned Sessions Judge was transferred and the learned Additiona......e said appellants along with 4 other accused namely A. Khaleque alias Khalekul Jamal, Islam and Abdus Sattar under sections 302/34 of the Penal Code and sentencing each of them to suffer imprisonment for life and acquitting the accused Shakina Bibi. 2. Prosecution case, in short, is that on 9.1......ch of the victim on 24.12.87 and while going towards Hartidanga hat on the way met one Sakina, wife of one Tunsi who asked them to tell Khalek to meet her, failing which they will suffer loss of huge money and further heard that the daughter of Amiruddin P.W. 7 was said to have heard some hue and cr..Category: Evidence Law, Procedural Law | Date: 8 Jul, 1993 | Hits: 10
Madaris Ali and others Vs. Biswamber Das being dead his heirs, 1993, 22 CLC (HCD)
....ses of the landlords. The plaintiffs took settlement of the suit land from the landlords 49 years ago at an annual rental at the rate of half a maund of paddy per kedar. The plaintiffs, thereafter, reclaimed the suit land and grew paddy and they paid rent to the Zamindars through the Morals and some......en occasional surreptitious acts of possession on the part of the plaintiffs behind the back of such recorded owners who were admittedly residents of a distant place in the absence of any evidence of forcible entry in the land in denial of title of such owners cannot amount to adverse possession of ......e and register the sale deed for some difficulties but made over possession of the same to the defendants 1 to 13. Plaintiffs failed to purchase the suit land as the principal defendants offered more money than they had offered and they filed the suit on false allegation of settlement. They had neve..Category: Property Law | Date: 21 Jun, 1993 | Hits: 6
Moudud Ahmed Vs. Bangladesh Bar Council, Dhaka and others, 1993, 22 CLC (HCD)
....le to the petitioner and that the petitioner is entitled to practise in the Supreme Court as an Advocate. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 71. ......mp; 4(5) The Bar Association is a welfare association of the members. The Purpose and object of the Bar Association as contained in Article 3 of the Constitution of Bangladesh provides for giving facilities to its members for conducting the profession using books and journals and othe......ion upto 1987 regularly and in 1988 when his Clerk went to deposit the fee for that year, the Bar Association refused to receive the same. Thereafter, the petitioner sent the membership fee by postal money order in March, 1988 which was also refused. After the petitioner had resigned from the office..Category: Administrative Law, Constitutional Law | Date: 21 Apr, 1993 | Hits: 5
....h is an association for the welfare of retired government employees and the petitioner Nos. 2 and 3 who are retired government employees and also office‑bearers of the above association have mainly claimed superannuation pension for all pensioners on the basis of calculation of their pension accor......Md. Sirajul Hoque AAG—For the Respondent No.1.
Writ Petition No. 313 of 1989.
Judgment
Naimuddin Ahmed J.— In this writ petition the petitioner No.1 which is an association for the welfare of retired government employees and the petitioner Nos. 2 and 3 who are retired gove......stantial question of law as to the interpretation of the Constitution, particularly Article 27 there of.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 426
..
Category: Administrative Law, Constitutional Law | Date: 1 Mar, 1993 | Hits: 1
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