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....nd shockingly there is no pledge whatsoever of any raw jute or any other property and also in view of the fact that the cash credit limit had expired on 31.3.86 and consequently the petitioner cannot claim as of right any banking facilities from the Agrani Bank unless he repays outstanding dues till...... the Bangladesh Bank thereafter published the list of defaulters including the name of the petitioner in different daily newspapers under section 37 of the Bank Company Act, 1991 on the basis of the aforesaid letter dated 12.5.91 of the Agrani Bank; that the petitioner was indebted to the BB Road Br......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. ......d (BSP) represented by its Secretary General Anwarul Islam........ Petitioner Vs. The Government of the People's Republic of Bangladesh, represented by its Secretary, Ministry of Information and four others ..................Respondents Judgment July 15, 1991. Res......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)
...................Petitioner Vs. Md Moslemuddin and another………….…Opposite Parties Judgment June 3, 1991. Result: The rule is made absolute. To establish any claim in a suit for specific performance of contract on the basis of oral agreement, the plaintiffs ......etitioner Vs. Md Moslemuddin and another………….…Opposite Parties Judgment June 3, 1991. Result: The rule is made absolute. To establish any claim in a suit for specific performance of contract on the basis of oral agreement, the plaintiffs are to prove the......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.
......sting of 43 members who are all fishermen earning their livelihood from fishing. The petitioner society being the previous lessee of Shiruail to Nilkhi Jalmahal measuring 470 acres (a closed fishery) for the years 1394 BS to 1395 BS applied to the respondent No.4, Additional Deputy Commissioner (Rev......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.
......se No.1043 of 1987.
2. The petitioner’s case is that she filed a case, under section 7 of the Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (Ordinance No. LIV of 1985) praying for exclusion of Holding No.2/10, Block‑F, Joint Quarter, Mohammadpur, (Kha‑20) from the 'Kha' l......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)
....been taken on 30.1.91 under section 19(a) & (f) Arms Act read with section 26, the Special Tribunal Act, 16.2.91 was fixed for framing charge. 5. The former President, amongst other grounds, claims exemption from having licence for keeping arms and his further plea was general amnesty durin......Dhaka to show cause as to why proceeding of Special Tribunal Case No.60 of 1991 under section 19(a) and 19(f) of the Arms Act 1878, read with section 26 of the Special Powers Act, 1974, now pending before the Senior Special Tribunal Judge, Dhaka, should not be quashed. 2. At the time of issuing......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
Sumati Begum Vs. Rafiqueullah and State, 1991, 20 CLC (HCD)
....ear that in a habeas corpus case like the present one their lordships were of the loww that if the age of the victim girl is not found less than 16 years, then father guardian will not be entitled to claim her guardianship and the girl will be mated as major and she will be allowed to go anywhere sh......ssed as to this Court may seem fit and proper. 2. The facts giving rise to the present Rule are as follows: One Rafique Ullah, maternal grandfather of girl Sumati Begum, lodged a First information Report with Maulvibazar Police Station on 3.4.1989 stating therein that few months ago acc...... stayed for 15 days from today. The Rule is accordingly discharged. Communicate this order to the courts below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 500. ..Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157
Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)
....take back the money in case the bond is forfeited without the blessings of law, but if the supplier takes away the money then the Coal Controller would be left with nothing even to satisfy the damage claimed which was claimed long earlier before the order of injunction and which claim in fact was no......nd of fact and hence a pure question of law such as whether the exercise of the power of the Coal Controller is beyond the power and done in violation of the contract and mala fide, could be a matter for arbitration reference. The law in this regard is also well settled that when parties to bui...... 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
Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)
....the said case the High Court Division dismissed a Writ Petition summarily under Article 102(2)(b)(ii) of the Constitution praying for calling upon the respondent to show cause under what authority he claimed to hold the post of Secretary to the Government. Against the said order of dismissal the pet......after the petitioner was released by the Government from detention. 3. The case of the petitioner Mirza Ali Ashraf is that he was the Managing Director of M/s. Moon Light Silk Mills Ltd. He took a foreign currency loan of DM 12,84,425,26 equivalent, to Taka 15,28,466.00 and a local currency loan ...... cheques and a pay order by coercive method and undue influence for unlocking the Mill. The Company filed Title Suit No. 49 of 1987 for declaration of the said agreement as void and for refund of the money illegally realised from the Company by the Bank in the Court of the 3rd Subordinate Judge. The..Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184
Md. Ismail Siddique Vs. M/s. Crescent Apparels (Private) Ltd. and others, 1990, 19 CLC (HCD)
.... The application is thus allowed. Mr. Nayeem prays for stay of operation of this judgment for four weeks. The prayer is allowed. Ed. This Case is also Reported in: 43 DLR (1991) 99. ......of Directors were held which is apparent from evidence. It is further apparent that no resolution of the meeting of the Board of Director regarding alleged transfer of the shares have been produced before this Court. No audit report was submitted nor any profit and loss nor any dividend were shown g......oresaid debt even by installment as agreed upon. The respondent Nos. 5,11,12 have taken loan of Tk. 3,00,000/‑ from Pro forma‑Respondent Nos. 13 and 14 in the name of the company but utilized the money for personal purpose. The company is unable to pay the aforesaid loan even upon repeated remin..Category: Company Law | Date: 19 Dec, 1990 | Hits: 195
Bangladesh Vs. Md. Fazlul Huq, 1991, 20 CLC (AD)
....rs corrected upto 1.7.1959 that showed that ten unqualified IPOs were declared to be absorbed in the cadre, but as no evidence was led how the ten IPOs were absorbed held that the plaintiff could not claim to be absorbed as an IPO without having the requisite qualifications. 7. On appeal the pl......the post of IPO without appearing successfully in the competitive examination of the Department. Any order of reversion after an incumbent's appointment' to a higher post and continuing there for some duration will surely cause a disappointment as he would no longer draw the benefits of that......k is to avoid a clutter which cannot be used as a sorting device for ascertaining facts at the last court of the country. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 144. ..Category: Employment/Service Law | Date: 27 Nov, 1990 | Hits: 112
Tayeb Ali Vs. Abdul Khaleque and others, 1990, 19 CLC (AD)
....ssession of the suit land on 4‑8‑68 along with the decree-holders of TS No.1 of 1962. There is also misconception or pleadings on the part of the lower appellate Court in that the plaintiff never claimed defendant No.10 to be in possession of the suit land in pursuance of the execution case. It ......eque and others.... Respondents Judgment November 27, 1990. Result: The appeal is dismissed. The Specific Relief Act, 1877 (I of 1877), Section 42 The suit being one for declaration of title to an unspecified share of an undivided plot of land and there being no evi......any time the present suit is not maintainable without a prayer for partition. Hence the appeal is dismissed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 87. ..Category: Property Law | Date: 27 Nov, 1990 | Hits: 47
Shambhu Nath Poddar Vs. Bangladesh Railway and others, 1990, 19 CLC (AD)
....tly, the judgment of the High Court Division is set aside and the suit is decreed. The appeal is allowed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 82. ......n Money Appeal No. 7 of 1978 affirming the judgment and decree passed by the Subordinate Judge, 4th Court, Mymensingh in Money Suit No. 4 or 1975 decreeing the suit. 2. Plaintiff filed the suit for recovery of Taka 15,391.20 paisa against the defendants, Bangladesh Railway for the price of los......tly, the judgment of the High Court Division is set aside and the suit is decreed. The appeal is allowed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 82. ..Category: Civil Law | Date: 19 Nov, 1990 | Hits: 107
Karimunnessa Begum Chowdhurani and others Vs. Niranjan Chowdhury and another, 1990, 19 CLC (AD)
....all the five holdings and as such is entitled to pre-empt them all. 2. This arises from Misc. Case No.159 of 1965 in the 2nd Court of Munsif, Satkania. It was filed by the pre-emptor-respondent claiming pre-emption of 4 out of 5 schedules of land transferred to the appellants under a registere......ransferred"-five holdings were transferred by a single kabala and consideration money of each of the holdings was shown separately in the kabala. The petitioner deposited the consideration money for the four holdings he prayed for by way of pre‑emption; there was no difficulty in allowing his......a co‑sharer tenant, like the respondent‑pre‑emptor to purchase the "portion or share of a holding transferred"-five holdings were transferred by a single kabala and consideration money of each of the holdings was shown separately in the kabala. The petitioner deposited the consi..Category: Property Law | Date: 1 Nov, 1990 | Hits: 40
Agrani Bank Vs. Bangladesh Tyres Ltd and others, 1990, 19 CLC (AD)
....erest in cash credit pledge account from 20.9.76 and in cash credit Account-II from 4.3.80 like other borrowers of the appellant; that the application for winding up is malafide as there is a counter claim for damage of Tk. 30 lacs for non-delivery of goods; that the claim is disputed and the appell......ed Judges in considering the appeal against a winding up order totally failed to keep in view the central question as to whether the Company was, commercially insolvent, because the basis of an order for winding up a company on the ground of its inability to pay its debts is always insolvency. A Com......ication for winding up is malafide as there is a counter claim for damage of Tk. 30 lacs for non-delivery of goods; that the claim is disputed and the appellant must prove its claim first by filing a money suit; that the statement of account supplied by the Bank does not show how and on what dates i..Category: Business or Commercial Law | Date: 29 Aug, 1990 | Hits: 122
Wajear Rahman Moral (Md) Vs. The State, 1990, 19 CLC (AD)
....osed in the First Information Report. The evidence of informant P.W.1 and of the alleged eye‑witness P.W.2 Taraban are not themselves satisfactory for upholding an order of conviction, P.W. 2's claim of recognition of the accused is doubtful. But the fact remains that soon after 0ic Occurrence......he accused to an order of acquittal when there is his clear confession admitting his guilt Statements elicited from a witness in cross examination, the most effective of all means ever invented for the discovery of truth and exposing falsehood, are a part, a very important part, of evidence be......tody. He took taka 200.00 as advanced from Yasin for getting that man bailed out from jail. Be4fore the job could be performed that man got involved in another case. Yasin asked for the return of the money and insisted that some body should be engaged to kill Sharitullah. Because of his inability to..Category: Criminal Law | Date: 20 Aug, 1990 | Hits: 84
Mahbubul Alam Chowdhury and others Vs. Chaman Ara Begum and others, 1991, 20 CLC (AD)
.... suit and setting aside those of the learned Subordinate Judge, 2nd Court, Chittagong dated 24.12.63 in Title Suit No.13 of 1962, dismissing the suit. 2. Jahirul Kayum Chowdhury (since deceased) claimed as plaintiff the schedule movable and immovable properties to the extent of 8 annas against ...... plaintiff‑respondents, are in fact partnership properties or personal properties of both The plaintiff made positive statements in the plaint that the schedule properties were purchased "for the interest and benefit" of both the partners and not for the firm itself. He led evidence......e interest and benefit" of both the partners and not for the firm itself. He led evidence to that effect. It is too late in the day to assert that because of the acquisition of the properties by money belonging to the firm these are ipso facto partnership properties. The plaintiff has also prov..Category: Civil Law | Date: 14 Aug, 1990 | Hits: 121
Afruz Miah (Md) and another Vs. Alhaj Md. Siraj Miah, 1990, 19 CLC (AD)
.... present case, the same suffers from no illegality. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 89. ...... Judgment August 5, 1990. Result: The appeal is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Order 6 rule 17 This is not substitution of one cause of action for another, but a consolidation, of all‑wrongs allegedly done to the deceased plaintiff - It will...... building under the name and style "Hotel Al-Amin" which is a private limited company named Hotel Al‑Amin Limited. Although deceased Siraj Miah established the hotel business with his own money but out of love and affection he gave his younger brother i.e. appellant No. 1 Md. Afruz Miah ..Category: Procedural Law | Date: 5 Aug, 1990 | Hits: 91
....n the schedule of the plaint. It is suited that the defendant No. 1 Mrs. Jahura Khatun instituted a Title Suit No. 55 of 1972 in the Court of the learned Munsif, Sadar, Mymensingh. This Jahura Khatun claims herself as the daughter of late Burmatullah Gazi who was the father of the aforesaid 3 vendor......k with all its branches suspended, its functions in August, 1948 and in 1949 the Government advised the District Magistrate, Mymensingh, to lock and seal the head office and branches of the said Bank for safe‑guarding the interest of the creditors. Accordingly the District Authority locked and sea......eld on 10.2.65 and this defendant No. 3 auction‑purchased the land with structure being Municipal Holding No. 5 Machua Bazar, Mymensingh at a highest bid of Tk. 4000.00. He deposited the entire bid money on the same day by Treasury Challan. The sale was duly confirmed on 27.5.65. and the sale cert..
Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158
Rahima Khatun (Mst) & others Vs. Daily Rani Dasi, 1990, 19 CLC (AD)
....horization in the patta itself ejected all the tenants-at-will, constructed tin shed and lived for some time therein. Then she let out the holding to Shyamsundar Das. Thus the same Shyamsundar Das is claimed to be the tenant of Brojendra by the plaintiff‑respondent whereas the defendant‑appellan...... Result: The appeal is dismissed. The Bengal Tenancy Act, 1885, Section 103B Whether entry of a person’s name in the record of right as ‘Dakhalkar’ will mean that for all time to come he will continue as a tenant at will Ordinarily, the word "Dakhalkar......ct and law, arrived at by the lower Appellate Court. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 55. ..Category: Tenancy Law | Date: 17 Jul, 1990 | Hits: 115
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