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Abdur Rouf Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....e illegal and without lawful authority. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 118. ......ioner by conveyance deed for a period of 99 years measuring 131 sq. yards and transferring the house (one room) built thereon for a consideration of Rs. 2700.00 by hire purchase on payment of balance amount within 15 years and got delivery of possession by two Memoranda, dated 7.8.1963 and 3.9.1963.......e illegal and without lawful authority. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 118. ..Category: Abandoned Properties Law, Property Law | Date: 3 Aug, 1992 | Hits: 17
Nazrul Islam and another Vs. Jahanara Hassan and another, 1992, 21 CLC (HCD)
....sistant Judge is directed to return the plaint as amended to its filing lawyer for presentation to the proper court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 106 ...... the learned Advocate for the petitioners does not have any such objection in relation thereto. He points out that the change in the nomenclature of the suit that is, from Title Suit to SCC suit, tantamount to a change in its nature and character. There is no dispute that an amendment of the plaint ......sistant Judge is directed to return the plaint as amended to its filing lawyer for presentation to the proper court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 106 ..Category: Civil Law | Date: 26 Jul, 1992 | Hits: 1
Salim Hasan Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....ka Central Jail be set at liberty at once if not wanted in connection with any other case. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 318. ......t of the State. A criminal case No. 382‑A1/92 is instituted against him along with other Directors of BCI Ltd. and it was not possible to take proper legal step immediately for realising the huge amount of money which the detenu grabbed along with other Directors of BCI Ltd. and the detenu by vi......tate. A criminal case No. 382‑A1/92 is instituted against him along with other Directors of BCI Ltd. and it was not possible to take proper legal step immediately for realising the huge amount of money which the detenu grabbed along with other Directors of BCI Ltd. and the detenu by violating th..Category: Banking Law | Date: 16 Jul, 1992 | Hits: 187
....
The, stay granted earlier by this court as to the construction of the building of respondent Nos. 4 and 5 is hereby vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 281
......kept in between the block minus the road that are necessary as vacant space for affording passage and other amenities to the residents of the blocks and, according to the learned Advocate, this would amount to a representation made by the lessor, namely the Housing Settlement in the Ministry of ......
The, stay granted earlier by this court as to the construction of the building of respondent Nos. 4 and 5 is hereby vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 281
..
Category: Constitutional Law, Property Law | Date: 7 Jul, 1992 | Hits: 3
AFM Safiyyullah Vs. AKM Bashirullah alias Mortuza Bashir and others, 1992, 21 CLC (HCD)
....e It is proved to the satisfaction of the court that a Suit has been adjusted wholly or in part by any lawful agreement or compromise, or where the defendant satisfies the plaintiff in respect of the whole or any part of the subject‑matter of the suit, the Court shall order such agreement, comprom......rs that the learned Subordinate Judge has allotted the saham or each or the sons and the daughters according to this quantum of share, Therefore, apparently we do not find any wrong or mistake in the amount of share allotted to the plaintiffs and defendants by the learned Subordinate Judge in his ju......ged and the order of the stay granted by this court of 14.6.90 is also hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 146. ..Category: Civil Law | Date: 7 Jul, 1992 | Hits: 1
....of the case we hold that the Rule cannot be sustained.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 46.
......ts;
(b) Declaring what languages shall be deemed to be commonly used in each district;
(c) Declaring what territorial divisions shall be recognised under section 21;
(d) Regulating the amount of fines imposed under sections 25 and 34 respectively;
(e) Regulating the exercise of t......of the case we hold that the Rule cannot be sustained.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 46.
..
Category: Constitutional Law, Employment/Service Law | Date: 30 Jun, 1992 | Hits: 8
Ataur Rahman Vs. Bangladesh & others, 1992, 21 CLC (HCD)
....y and of law (1892) 2 QB 147. We find no substance in this application which is summarily rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 307 ......out affording him any chance of being heard is against the principles of natural justice. It has been further argued that the petitioner bona fide believed that he was granted lease and invested huge amount of money therein and the respondent is estopped under the law of promissory estoppel to cance......ted 4.4.91. The petitioner participated in the auction held on 24.4.91 and came out successful at the highest bid of Taka 1,16,000.00. The petitioner thereafter was called upon to deposit the 50% bid money under the Rules and he paid Taka 58,000.00 on the spot against DCR No. 0046287 dated 24.4.91 i..Category: Administrative Law | Date: 25 May, 1992 | Hits: 2
State Vs. Constable Lal Mia and another, 1992, 21 CLC (AD)
....eferred any appeal and remained fugitive. Criminal Petition for Leave to Appeal No.91 of 1988 filed by the complainant is disposed of in the above terms. Ed. This Caseis also Reported in: ......eferred any appeal and remained fugitive. Criminal Petition for Leave to Appeal No.91 of 1988 filed by the complainant is disposed of in the above terms. Ed. This Caseis also Reported in: ......re he released two of the persons on the intercession of some people but kept the other two in wrongful confinement until the morning and released them only on one of them paying him a certain sum of money. He was charged with offences of murder, extortion and wrongful confinement. It was held:..Category: Criminal Law | Date: 14 May, 1992 | Hits: 73
Bengal Metro Engineering Co. and others Vs. Agrani Bank, 1992, 21 CLC (HCD)
....it is almost ready for hearing, if that be so, let the suit be disposed of as expeditiously as possible. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 168 ......f the Dhanmondi Residential Area within the Dhaka City. Plaintiffs case is, inter alia, that the plaintiff bank granted the defendant petitioners a loan of money against importing fifty turbine pumps amounting to Taka 35, 09,877.71; that the said imported goods were pledged with the plaintiff‑bank......ng rise to this Rule may be stated as follows: The opposite party Bank as plaintiff instituted the above suit in the aforesaid Court against the defendant petitioners for realisation of its loan money to the tune of Taka 42,60,898.7 and in default for selling out the mortgaged property being Ho..Category: Contract Law | Date: 5 May, 1992 | Hits: 2
.... the borrowed capital. Accordingly, we hold, on the facts of the present case and in view of the finding of the Tribunal, that the assessee is entitled to allowance with respect to interest paid as a whole on the capital borrowed for the purpose of doing business under section 10(2) (iii) of the Act......ocation and paid interest ‑thereon, as nowhere clause (iii) speaks about unutilization of capital borrowed. Where an assessee satisfies the requirements of clause (iii) he is entitled to the entire amount of interest paid on the borrowed capital. Accordingly, we hold, on the facts of the present c......lso reinforced by the observation made in Tennant Vs. Smith 3 TC 158 wherein Lord Halsbury at page 157 of the report said "the thing sought to be taxed is not income unless it can be turned into money". Lord Watson said at page 159 "I do not think that it comes within the category of ..
Category: Fiscal/Taxation Law | Date: 23 Apr, 1992 | Hits: 8
Asim Ali Vs. Badaruddin @ Suruj Mia & others, 1992, 21 CLC (HCD)
.... Court are upheld. There will be no order as to cost. Let the records be sent down immediately along with a copy of this judgment. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 96 ...... Court are upheld. There will be no order as to cost. Let the records be sent down immediately along with a copy of this judgment. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 96 ......ted and registered an ekramama in favour of the said vendor Musim Ali, proforma defendant No. 3 on the same date to the effect that if the said vendor Musim Ali would pay back the above consideration money to the vendees i.e. defendant petitioner and Moyenuddin (Defendant No.2) within 25 years, they..Category: Property Law | Date: 22 Apr, 1992 | Hits: 3
....d consolidated salary of Tk. 195.00 plus a sum of Tk. 20.00 as conveyance allowance per month and that his service will be terminated without any notice or assigning any reason and that he would have whole time engagement as the Godown Keeper in the godown of Orient Textile Mills Ltd. Mirerbagh, Dha......der such circumstances he cannot be treated to be a temporary worker. Further no such agreement has been produced by the petitioners to show that respondent Howladar's salary was debited from the amount of a borrower and other incidental expenses. Even if petitioner realised from the borrower un......als and as such the decision does not call for any interference by this court.
In the result, the Rule stands discharged.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 143.
..
Category: Employment/Service Law | Date: 12 Jan, 1992 | Hits: 6
Sonwar (Md.) Vs. Kamal Kha, 1992, 21 CLC (HCD)
....opposite party caused damage to the suit premises by removing the partition wall in between the shop houses and opened a door and a window in the southern side by cutting the wall and by such act the whole structure had been damaged. The petitioner bona fide requires the suit premises for starting a......ient to say that there is absolutely no evidence on record to prove that the opposite party incurred the said expenses for improvement of the snit promises with the consent of the petitioner and that amount was to be adjusted from the monthly rent. The Dakhila Exts. Ka to Ka (35) do not show any adj......the suit premises. The petitioner released rent up to March, 1983 and thereafter he did not approach the opposite party for realisation of monthly rent presumably because he owed a substantial sum of money to the opposite party. The opposite party requested the petitioner in the last week of October..Category: Property Law, Tenancy Law | Date: 6 Jan, 1992 | Hits: 3
....ed outstanding dues till 30.6.91 as per agreement dated 21.7.91.
Let a copy of this judgment be sent to Respondent Nos. 1, 3, 5 and 6.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 8.......ces between the Bank and its clients; but the Bangladesh Bank as the Central bank had asked the schedule Banks like the Agrani Bank to submit a list of its defaulters in respect of loans and advances amounting to Taka 2.50 crore more till 31.12.1990; that the Agrani Bank accordingly submitted a list......ed outstanding dues till 30.6.91 as per agreement dated 21.7.91.
Let a copy of this judgment be sent to Respondent Nos. 1, 3, 5 and 6.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 8...
Category: Banking Law | Date: 27 Aug, 1991 | Hits: 180
BD Sangbadpalra Parishad (BSP) Vs. Government of the People's Repub. of BD, 1991, 20 CLC (AD)
....rsonal interest in the subject matter. We, therefore, find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991)126. ......rsonal interest in the subject matter. We, therefore, find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991)126. ......rieved person" and the present case is definitely not public interest litigation. The petitioner is not espousing the cause of a downtrodden and deprived section of the community unable to spend money to establish its fundamental rights and enforce its constitutional remedies. It is not acting ..Category: Constitutional Law | Date: 15 Jul, 1991 | Hits: 251
Jonab (Md) Ali Vs. Md Moslemuddin and another, 1991, 20 CLC (HCD)
....e trial Court dismissing the suit is hereby restored. The rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 291. ......it property also from the defendant No.1. Accordingly, in pursuance of a talk between them the price of the suit property was fixed at Taka 10,000/‑. Thereafter the plaintiff paid the earnest money amounting to Taka 8,000/‑ in four instalments within the month of Falgoon 1384 BS. On receipt of t......to CS Plot No.735 appertaining to SA Khatian No.14 and CS Khatian No.35 is owned by the defendant No 1. The defendant No.1 wanted to purchase land at the village Bangola and as such he was in need of money. Consequently he proposed to the plaintiffs for selling the suit land in the first part of Fal..Category: Contract Law | Date: 3 Jun, 1991 | Hits: 958
....nt No.4) shall put the fishery in question in public auction on 1st or 2nd Baisakh, 1399 BS or within a week from 1st Baisakh, 1399 BS.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 1.
...... of the said fishery in favour of the petitioner society. Since the delivery of possession of the said fishery the petitioner society is in continuous possession uninterruptedly investing substantial amount of money in rearing and preserving fishes and for putting dal‑kata, bamboo fencing, earth c......ociety on 13.2.89 deposited Tk. 18,750.00 as rent for the said Jalmahal for the year 1396 BS by annexure B (Duplicate Carbon Receipt) dated 13.2.89 at 25% higher rent than the previous year’s lease money. Thereafter on 21.3.89 the lease deed Annexure ‘C’ was executed between the petitioner and..
Category: Property Law | Date: 30 May, 1991 | Hits: 85
....ttlement in case No.1043 of 1987 as evidenced by Annexure I to the petition is declared to have been made without any lawful authority.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 5.
...... Khatun, the petitioner, on 20.11.70 agreeing to sell the said holding to her at a consideration of Tk. 8,000.00 on receipt of Tk. 6,500.00 as earnest money and thereafter the petitioner paid further amount of Tk. 1000.00 later on and there was a balance of Tk. 500.00 only to be paid at the time of ......xecuted a bainapatra in favour of Mosammat Rahela Khatun, the petitioner, on 20.11.70 agreeing to sell the said holding to her at a consideration of Tk. 8,000.00 on receipt of Tk. 6,500.00 as earnest money and thereafter the petitioner paid further amount of Tk. 1000.00 later on and there was a bala..
Category: Property Law | Date: 12 Mar, 1991 | Hits: 77
Hossain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....the rule and we must not be understood to have expressed any opinion about the merit of the Criminal Proceeding sought to be quashed. Ed. This Case is also Reported in: 43 DLR (1991) 150. ......The learned Advocate also submits that since the petitioner has not committed any offence within the meaning of section 19(a) and (f) of the Arms Act, continuation of the Criminal Proceeding will tantamount to the abuse of the process of the Court and to secure the ends of justice, the said proceedi......the rule and we must not be understood to have expressed any opinion about the merit of the Criminal Proceeding sought to be quashed. Ed. This Case is also Reported in: 43 DLR (1991) 150. ..Category: Criminal Law | Date: 14 Feb, 1991 | Hits: 92
Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)
....t the performance bond is to be encashed / forfeited at the option of the Coal Controller for breach of any of the terms and conditions of the contract and for their default in making the supplies in whole or in part and the decision of the Government of the People's Republic of Bangladesh in th......ives rise to the Miscellaneous Case No. 109 of 1990 it was the case of the petitioner Ventura Industries Ltd. that in spite of the fact that the petitioner Ventura Industries supplied the contractual amount of coal at the port of' destination by carrying it through seven different ocean going bo...... in 33 DLR (AD) 298. It is the further submission of the learned Advocate that the balance of convenience and inconvenience is in favour of the Coal Controller because if the Coal Controller gets the money he will not run away with the money and the seller would always be able to take back the money..Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5
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