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....adesh Krishi Bank Order 1973. It is necessary to quote this section in full for the purpose of proper appreciation of the case.
"21. (1) Where any agriculturist who is liable to the Bank under any agreement makes default in repayment or otherwise fails to comply with the terms of this agreement w......Court
High Court Division
(Special Original Jurisdiction)
Present:
AKM Sadeque J
Mainur Reza Chowdhury J
MM Enterprise Limited, 224, Bara Maghbazar, Dhaka, represented by its Director, Syed Tazammul Hussain……………Petitioner
Vs.
General Certificate Officer, Collector......th them growers continued to meet the market demand practically upto end of July and the Cold Storages could not start marketing the stored potatoes until the beginning of August although usually the selling season commences from middle of June. The Cold stored potatoes have to be marketed within a ..
Category: Civil Law | Date: | Hits: 99
....necessary machineries on payment of fund in foreign currency and the defendant would purchase land and construct Factory building for establishment of the Ice Plant and Cold Storage and thereupon, an agreement was executed on 15.6.1985 between the concerned parties and the plaintiff bank granted a l......tion)
Present:
Sheikh Abdul Awal
M. Moazzam Husain
Bangladesh Krishi Bank……........................................................Appellant
Vs.
M/s. Dadajee Ice Plant and Cold storage Ltd. and others……….........Respondents
Judgment
May 10, 2010.
Lawyers Involved...... Artha Rin Suit No.103 of 2001 is maintained.
Let a copy of the judgment along with lower Court’s record be sent down at once.
M. Moazzam Husain J.- I agree.
This Case is also Reported in:
..
Category: Civil Law | Date: | Hits: 217
....ant. Exhibit-2 S.A. Khatian No.7 and the Khazna Dhakila prove possession and ownership of the defendant in the suit land as well as in the establishments built thereupon. He also submits that the two agreements, marked as Exhibit-9 series, also proved that the Coronation Hall was let out to the Soci......ota & Kamal Baksh & another Vs. Siraj Bakshi & others, 7 BLT (AD) 328, Bangladesh Vs. Helal Jute Press Ltd., 8 LG (2011) (AD 70.
Lawyers Involved:
Mosharraf Hossain Sarder, Deputy Attorney General with Mrs. Shahida Begum, Assistant Attorney General and Khondaker Moderesh Elahi, Adv......ourt Records along with the copies of the judgment to the court below.
Communicate the order at once.
MA Hye J.-I agree
This Case is also Reported in: 63 DLR (2011) 666.
..
Category: Property Law | Date: | Hits: 89
Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)
....vice of the Republic' in Article 152(1) of the Constitution by the Appellate Division in Masdar Hossain's case, it is binding upon us in view of Article 111 of the Constitution. 82. We are in full agreement with the submission of Dr. Shadeen Malik that to deal with the energy resources of the R......aw Dev (Bangladesh)......................................Petitioner Vs. Bangladesh and another... ................................Respondents Judgment February 24, 2011. Cases Referred to- Ruhul Quddus, Advocate Vs. Justice MA Aziz, 60 DLR 511; Aminul Haque Helal Vs. Justice Sultan......on as the case involves a substantial question of law as to the interpretation of the Constitution. The certificate as prayed for is granted. Ed. This Case is also Reported in: 63 DLR (2011) 626...Category: Employment/Service Law | Date: | Hits: 92
Altaf Hossain Vs. Abbas Ali and another, 1991, 20 CLC (HCD)
....rn the action pending the decision of the appeal in the first action. A similar view has also been expressed in the case of firm Babu Lal Girdhrlial Vs. Seth Kotumal, 1941 ALL 27. Being in respectful agreement with the aforesaid views I am of the opinion that an appeal is a continuation of the suit ......nt: AM Mahmudur Rahman J Altaf Hossain…………………..Petitioner Vs. Abbas Ali and another…………………Opposite Parties Judgment February 13, 1991. Cases Referred to- Makhan Lal Chawdhury Vs. Chandi Nath Majuinder and others, 1931 Cal 779; SPA Annamalay Cheity......ing in the Court of Upazila Munsif, Fulbaria, District Mymensingh. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 374. ..Category: Property Law | Date: | Hits: 68
Government of Bangladesh and others Vs. Excellent Corporation, 2010, 39 CLC (AD)
....n was justified in directing the payment of commission to the writ petitioner as local agent of its principal Fabrica Nacional De Moneda Y Timbre, Spain, (FNMT) beyond the terms and conditions of the agreement reached between the Government of Bangladesh and the FNMT. 3. Facts stated in the writ ......erred To- Sassoon & Co. Vs. CIT Bombay City, AIR 1954 SC 470; Bangladesh Power Development Board Vs. Muhammad Asaduzzaman Sikder, 9 BLC (AD) 1. Lawyers Involved: Murad Reza, Additional Attorney General, instructed by Mr. B Hossain, Advocate-on-Record-For the Appellants. Abdul Wadud B...... without any order as to cost. The Judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 148, 16 MLR (AD) (2011) 433, 8 LG (AD) (2011) 190. ..Category: Business or Commercial Law | Date: | Hits: 267
Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)
....k. 10,20,000.00. It is further stated that while the share position of the petitioners was as stated above a dispute arose between the petitioners and respondent No.1 and the matter was settled by an agreement dated 8.3.1985. The above agreement dated 8.3.1985 is annexed as Annexure "A". The salient......esent: Mozammel Hoque J Mohiuddin Ahmed and others…….………Petitioners. Vs. Lutfur Rahman and another……………Respondents. Judgment May 31, 1990. Cases Referred to- Sirish Chandra Das Vs. Sri Sri Chhatteswari Debi Bigraha, 38 DLR (AD) 283; AR Shaw Vs. The Di......oners in place of the name of respondent No.1 in respect of the shares which the petitioners had held on 8.3.85 in the above company. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ..Category: Company Law | Date: | Hits: 159
Amin Mia (Md.) Vs. Nazir Ahmed and another, 2008, 37 CLC (AD)
....ers on record. 8. The informant as P.W.1 claimed that he gave cheques of Tk. 38, 00,000 to the accused-petitioner Nazir Ahmed for doing business of importing powder milk but there was no written agreement or document to prove the contention From the evidence of P.W. 5, the Investigating Offic......mber 14, 2008. Lawyers Involved: AA Chowdhury, Advocate, instructed by Md. Nawab Ali, Advocate-on-record-For the Petitioner. Not represented- the Respondents. Criminal Petition for Leave to Appeal No.142 of 2007. (From the judgment and order dated 7th March 2007 passed by the High Co......on correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 136, 19 BLT (AD) (2011)137. ..Category: Criminal Law | Date: | Hits: 89
Bangladesh Mukti Judda Kallyan Trust Vs. Nurul Hossain and others, 1990, 19 CLC (HCD)
....operty by purchase from the Jute Trading Corporation at a price of Tk. 2,65,000/- and he is in possession in continuation of his previous possession and is in possession at the moment by virtue of an agreement for sale and when he has paid the entire consideration money minus the registered document......t…………………………………………Appellant Vs. Nurul Hossain and others……………………………………..Respondents Judgment December 18, 1990. Case Referred to- Abdul Jalil Munshi Vs. Abu Bakar Siddique, 35 DLR (AD) 42. Lawyers Involved: Md. Hanna......ckground. The appellant before this Court namely, Bangladesh Mukti Judda Trust claimed the said property by purchase. They claim to have purchased it from the Government and hence have every right to sell and dispose of the said property as owner and the plaintiff had no reason to file the suit for ..Category: Property Law | Date: | Hits: 389
Rajdhani Unnayan Kartipakkhya and others Vs. Dr. AK Shamsul Islam & others, 2003, 32 CLC (AD)
....bove this Court held that: "We have seen that the preamble of the Town Improvement Act, 1953 provides for development, improvement and expansion of the Capital of the Republic. Therefore we are in agreement with the view of the High Court Division that although under section 2(h) of the Town Impr......ases Referred To- Bangalore Medical Trust Vs. BS Muddappa reported in AIR 1961 (SC) 1902; Giasuddin Vs. Dhaka Municipal Corporation 17 BLD 577= 49 DLR 199. Lawyers Involved: AF Hasan Arif, Attorney General, instructed by AKM Shahidul Huq, Advocate-on-Record-For the Petitioners. (In both the......o barred by 226 and 107 days respectively and the explanation for delay are far from satisfactory. These petitions are dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 129. ..Category: Property Law | Date: | Hits: 92
Chairman, BCIC Vs. Anis U Ahmed Tussan, 2011, 40 CLC (AD)
....he respondent No.1 supplied 1, 53,755.07 metric tons of Clinker to the present petitioner. Thereafter, a dispute arose between the parties and, as such, the respondent No. 1 sought arbitration as per agreement deed. The respondent No.1 appointed Mr. Aminul Haque as arbitrator and the petitioner appo......or the Petitioner. Azizul Hnque, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent No.1. Not Represented—For the Respondent No.2-3. Civil Petition for Leave to Appeal No. 1686 of 2009. (From the judgment and order dated 18-5-2009 passed by the High Court......Court Division rightly dismissed the appeal. In the circumstances this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 93, IX ADC (2012) 181. ..Category: Alternative Dispute Resolution | Date: | Hits: 182
Zakir Hossain and another Vs. Md. Yousuf Kabir and another, 2011, 40 CLC (AD)
.... came to know that the defendants obtained a fraudulent decree on 15.11.1979 in Title Suit No.62 of 1979 of the Court of Subordinate Judge, 3rd Court, Dhaka, and that the defendants entered into an agreement with one Rasheda Begum for purchase of the suit property on the basis of the said fraudu...... G. Bhuiyan, Advocate-on-Record-For the Respondent. Civil Review Petition No.90 of 2010. (From the judgment and order dated 6.5.2010 passed by the Appellate Division in Civil Petition for leave to appeal No.1359 of 2009). Order Syed Mahmud Hossain J.- This application for review arises......issed. Thus the right, title and possession of Rasheda Begum in the suit property was confirmed. While in possession of the suit property, Rasheda Begum entered into a contract with the defendants to sell the same at a price of Tk.45,000/-, and on receipt of a sum of Tk. 15,000/- as advance executed..Category: Property Law | Date: | Hits: 72
....e Improvement Trust allotting some land to the respondent 2 was made without lawful authority and is of no legal effect and for a direction upon the Lahore Improvement Trust for canceling the deed of agreement executed in favour of the Respondent 2 Miah Fazal Din purchased plot No. 86‑E/1 in Gulbu......
(Special Original Jurisdiction)
Present:
AM Mahmudur Rahman J
Mahmudul Amin Choudhury J
AKM Mizanur Rahman and others…………….Petitioner
Vs.
The Chairman and Administrator, Chittagong Municipal Corporation and others..............Respondents
Judgment
July 4, 199......oceed with the construction on the aforesaid drain‑passage further.
The rule is, accordingly, made absolute. No order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 331...
Category: Property Law | Date: | Hits: 58
Chand Miah Talukder Vs. Chairman, Court of Settlement, 1993, 22 CLC (HCD)
....han Road Block‑D, within Mohammadpur Housing Estate: Dhaka, originally belonged to one Nazir Ahmed. The petitioner contracted to purchase the said property from said Nazir Ahmed and entered into an agreement on 12.3.74 and paid Tk. 10,000.00 as advance out of total consideration of Tk. 25,000.00 a......lding, Segunbagicha, Dhaka and others……….....Respondents Judgment March 30, 1993. Lawyers Involved: Md. Fazlul Karim, Advocate ‑ For the Petitioner. AK Mujibur Rahman, Deputy Attorney General ‑ For the Respondents. Writ Petition No.1418 of 1988. Judgment Mohammad Gh......bove after giving reasonable opportunity to the parties concerned of being heard and also adducing evidence, both oral and documentary. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 304...Category: Procedural Law | Date: | Hits: 59
....s as a matter of policy and also decided to offer such house for sale first of all to the bona fide allottee in possession. Thereafter the petitioner deposited Tk. 34,242.25 by treasury chalan and an agreement for sale (Annexure‑C) was executed on 5.1.86 in which it was provided that he was to pay......dents (1) Government of Bangladesh represented by the Secretary, Ministry of Works, Urban Development, (2) Assistant Commissioner, Abandoned Property Management Board, Dhaka and (3) Mrs. Khairun Nesa to show cause why the impugned order dated 9.6.91 issued by the respondent No.2 Assistant Commission......ection 10 Suk‑533/79/633 dated 21.8.85 respondent No.1, Government of Bangladesh in the Ministry of Public Works under the signature of their concerned Section Officer issued the letter offering to sell the disputed house to the petitioner at a price of Tk. 6,84,844.62 on the ground that the Govt...
Category: Property Law | Date: | Hits: 86
Mohammad Abdus Sabur Vs. Agrani Bank, 2011, 40 CLC (HCD)
....at the time of issuing the Rule is vacated. Let a copy of the judgment be communicated to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......ni Bank, Laldighi East Branch, Chittagong and others…... Respondents Judgment February 10, 2011. The Artha Rin Adalat Ain, 2003 (Act No. VIII of 2003), Section 37 The mandate of the Ain to conclude an execution case within 150 days appears to be directory, not mandatory inasmuch as it ......on contending inter alia, that the executing Court observed the provisions of section 34 of the Ain and in spite of attempt for sale of the mortgaged property through auction, it could not succeed in selling the property. The executing Court committed no wrong in issuing the warrant of arrest agains..Category: Civil Law | Date: | Hits: 84
Buddhi Sankar Biswas Vs. Akbar Ali Sheikh, 1991, 20 CLC (HCD)
....85 paragraph 81, wherein it is observed as follows: "It appears to us that the preponderant judicial view which emerges out of the authorities referred to above and with which we find ourselves in agreement, is that the court should not presume the existence of inherent power to do that for which......ccess in the same. 4. Mr. Abdul Huq the learned Counsel appearing for the Petitioner, submits that no notice was ever served upon the plaintiff opposite parties in the revision case. There appears to be simply a report of the District Judge, Kushtia, that oil search of ‘khatapatra’ it appears......de of Civil Procedure for rehearing of the Civil Revision Case No.1181 of 1980 is hereby rejected without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 242. ..Category: Property Law | Date: | Hits: 90
Bangladesh Road Transport Corporation Vs. Ashraf Jute Mills Ltd., 1991, 20 CLC (HCD)
.... notwithstanding anything inconsistent therewith contained in any other law for the time being in force." "34. (1) Where any industrial concern which is under a liability to the Sangstha under an agreement makes any default in payment or otherwise fails to comply with the terms of its agreement ......ration……………….Petitioner Vs. Ashraf Jute Mills Ltd………………..Respondents Judgment August 28, 1991. Result: The Rule is made absolute Cases Referred to- 43 company cases 350; 21 company cases 251; 35 company cases (SC) 755; 42 Company Cases 26; ......the impugned sale took place on 17.1.90 and as such the sale is illegal and void. 6. It is a fact that BSRS sold the properties under Article 34(1) of PO 128 of 1972. In this article the power to sell the mortgaged property was given to BSRS. Mr. Khandker Mahbubuddin Ahmed, appearing for the Rup..Category: Company Law | Date: | Hits: 193
Nowazullah and another Vs. Waz Khatun & another, 1990, 19 CLC (HCD)
....reconveyance of kabala in their favour on the allegations, inter alia, that the plaintiff No.1 sold the suit land by two registered kabalas dated 1.2.68 and 2.2.68 followed by two registered deeds of agreement of the same date for reconveying the suit land within a period of 7 years. That the plaint...... their attempt plaintiff No.1 filed the Case No.31/73‑74 before the Circle Officer (Revenue), Patiya under PO No.88 of 1972 for getting possession for the suit land but the plaintiffs having failed to get any relief they were compelled to file the suit. The defendant No.1 contested the suit by fil...... reconveyance. In the result, the Rule is discharged but without any order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 279...Category: Property Law | Date: | Hits: 57
Abul Hasnat Mohammad Mohsin Vs. Dilruba Aktar and another, 2009, 38 CLC (AD)
....ndent No.1 and others the accused-appellant had to put his signature in the kabin nama and the divorce between the accused-appellant and the complainant-respondent No.1 took place on 12.09.1987 by an agreement on payment of TK 20,000.00 through executing a registered talaqnama. 4. Leave was gra......3 passed by the High Court Division in Criminal Appeal No.125 of 1991 allowing the same convicting the accused-appellant under Section 6(5) of the Muslim Family Law Ordinance, 1996 and sentencing him to suffer simple imprisonment for 3(three) months and also to pay a fine of TK. 10,000.00 in default......suffer imprisonment for more than 15 days. Accordingly, the petition is dismissed with the modification of the sentence as above only. Ed. This Case is also Reported in: VIII ADC (2011) 314...Category: Family Law | Date: | Hits: 185
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