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Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)
....do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ......953 Ori 46. Lawyers Involved: Mansur Habib, Advocate, instructed by Md. Mazibar Rahman, Advocate-On-Record- For the Petitioner. Not Represented- the Respondents. Civil Petition for Leave to Appeal No. 80 of 2010. Judgment Md. Muzammel Hossain J. - This civil petition for leave to ......ts as defendants for realization of Tk.1,83,84,152/- stating, inter alia, that on 18.03.2002 a contract was executed and signed by the defendant No.2 -respondent No.2 and the plaintiff-petitioner for selling of 1.50 lac cubit feet of timber worth Tk.3,00,00,000/- and in lieu thereof "the defendants ..Category: Civil Law | Date: | Hits: 113
Repco Laboratories Ltd. Vs. Nuruddin Ahmed and others, 1989, 18 CLC (HCD)
....ocedure there is no scope for me for interference with his order. Accordingly, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 123. ...... as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 123. ......cation in the instant case. In AIR 1931 Bom 509 on an application by the plaintiff for attachment before judgment of the property of the defendant, the defendant gave an undertaking that he would not sell the same till the disposal of the‑suit and the Court did not pass any order for attachment. B..Category: Procedural Law | Date: | Hits: 84
Durgarani Sarkar Vs. United Bank of India Ltd. and others, 1989, 18 CLC (HCD)
....ation of the evidence on record and the case of the plaintiff what she had sought to establish in the Trial Court, the learned Appellate Court, in my opinion, has taken the correct view that no final agreement for sale was made in between the parties which can be legally enforced under the Specific ......dur Rouf J Durgarani Sarkar ....................................Petitioner Vs. United Bank of India Ltd. and others..........Opposite Parties. Judgment June 28, 1989. Cases Referred to- HN Fabrics Ltd. Vs. Mallick Textile Industries and others, 37 DLR (AD) 126. Lawyers Invol...... taking the ground that Sarada Paul had mortgaged the land to the bank and he later on having failed to redeem the same the bank auctioned purchased the same. The bank authority, however, proposed to sell the suit land and the plaintiff also agreed to purchase the same. Thereby on 12.10.59 one Khiti..Category: Property Law | Date: | Hits: 70
Wahida Rashid (Most) and another Vs. Miron Muhammad Zahidul Hoque, 1990, 19 CLC (HCD)
....stant case the amount said to have been paid by the defendants and received by the plaintiff is not an advance rent but a security deposit and this amount of money does not relate to the terms of any agreement in any way like the case under reference wherein the money was paid as advance rent, and t......an J Wahida Rashid (Most) and another....................Petitioners Vs. Miron Muhammad Zahidul Hoque......................Opposite Parties. Judgment August 16, 1990. Cases Referred to- Chockia Thevar Vs. Shanmugasundaram Chetliar and another, AIR 1965 (Madras) 610; Chief Kwame......not call for any interference by this Court at this revisional stage. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 115...Category: Property Law | Date: | Hits: 66
Hasina Mawla Vs. Bangladesh Parjatan Corporation and another, 1992, 21 CLC (HCD)
....ight will be denied to the pre‑emptor only on proof of such combination of facts upon which a court of law can reasonably and validly make an inference of waiver and/or acquiescence. As no specific agreement is necessary for raising such plea, it is equally important to remember that any and every......hondker Amir Hossain with MA Tariq, Advocates ‑For the Respondents. Writ Petition No. 1007 of 1989 Judgment Muhammad Fazlul Karim J.- This rule Nisi was issued calling upon the respondents to show cause as to why the impugned order dated 6.9.88 (Annexure A) issued under the signature of t...... The impugned order (Annexure‑A) is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 112...Category: Employment/Service Law | Date: | Hits: 88
Shafiuddin Khan (Md) Vs. State and another, 1993, 22 CLC (HCD)
....lete the sale transaction by paying the balance of the consideration after repeated requests. So the house was sold to a third person and earnest money paid by the buyer was forfeited in terms of the agreement. The buyer then filed a petition of complaint against the seller on the allegation of chea...... Kazi Ebadul Hoque J Shafiuddin Khan (Md)……………………Petitioner Vs. The State and another…………………..Opposite Parties Judgment January 6, 1993. Cases Referred to- Md. Shahjahan Vs. Haji Yeakub Ali, 31 DLR, 63; Abdur Rahim Vs. Begum A. Murshed, 34 DLR, 320;......ration (g) distinguishes cheating from a mere breach of contract. In the case reported in 1987 BLD 164 the petitioner Shah Jahan entered into a written contract with the complainant opposite party to sell a house and received part of the consideration as earnest money. In spite of completion of all ..Category: Criminal Law | Date: | Hits: 132
....he decision itself is not unreasonable.
25. In that view of the matter, the Kerala High Court dismissed the petition which challenges the acceptance of the higher tender.
26. We are in complete agreement with the view of the Kerala High Court which is in complete accord with the view taken by ......l Haque Choudhury J
KM Hasan J
Shafiq Ahmed………………Petitioner
Vs.
Chairman, Bangladesh Chemical Industries Corporation and others……..........Respondent
Judgment
October 28, 1992.
Cases Referred to-
M/s Hossain Ahmed Vs. M/s HD Hossain and Brothers, 32 DLR (......ition, leaving nothing for us to interfere in mandamus.
We find no substances in this application which is thus summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 95.
..
Category: Others | Date: | Hits: 128
Nazir Ahmed and others Vs. Md. Hazee Kalu, 1989, 18 CLC (HCD)
.... and the plaintiff never got possession of the same. Ejahar Mia took loan of some money from the plaintiff and executed some handnotes as security for the loan. They further alleged that there was an agreement that the plaintiff would return the handnotes on repayment of the money by Ejahar Mia. Eja......hmudur Rahman J Nazir Ahmed and others.........................Appellants Vs. Md. Hazee Kalu ....................................Respondent. Judgment January 1, 1989. Cases Referred to- Pathana Vs. Mst. Wasai, 17 DLR (SC) 47; Mussummat Durga Chowdhrian Vs. Jawahir Singh Chowdhury, ......he material allegation made in the plaint and contended that the disputed land was homestead land of Ejahar Mia on which he had house and fruits bearing trees. Their case was that Ejahar Mia did not sell the suit land to the plaintiff and the plaintiff never got possession of the same. Ejahar Mia t..Category: Property Law | Date: | Hits: 66
Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)
....as taken in the memorandum of appeal as many as 28 grounds. In order to appreciate the contention raised at the Bar it is necessary, in nutshell, to state the facts of the case. On August 15, 1981 an agreement for arbitration was executed the preamble of which (page 10 of the Additional Paper Book) ......om. 245; All India Groundouts Syndicate Ltd. 1949 Cal. 350; 1952 Patna 66; Kashinathsa Yamosa Kabadi Vs. Narisngsa Bhaskarsa Kabadi, 1961 SC 1077; Kashinathsa Yamosa Kabadi, 1961 (SC) 1077; KDH Laboratories Ltd. Vs. Pubali Bank and others, 40 DLR 1; M/s Adamjee Jute Mills Ltd. Vs. Chairman, Third La......ceedings in holding that Mr. GM Adamjee has power to execute the deed of sale on the face of Article 110(2) of the Articles of Association which empowers only the Board of Directors of the Company to sell property. On vesting both M/s. Adamjee Sons Ltd. and the Adamjee Insurance Co. is the Governmen..Category: Alternative Dispute Resolution | Date: | Hits: 174
SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ill proceed in accordance with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.-I agree. This Case is also Reported in: ......titioner. Ali Mostafa Khan with Ms.Nahid Sultana, Advocates-For the Respondent. Writ Petition No. 3002 of 2010. Judgment Md. Ruhul Quddus J. - This Rule, at the instance of a judgment debtor in a money decree, was issued calling in question order dated 5.4.2010 passed by Artha Rin Adala......0 passed by Artha Rin Adalat No.3, Dhaka in Artha Execution Case No.131 of 2009 rejecting the petitioner’s application filed under Order XXI rule 83 of the Code of Civil Procedure for permission to sell an attached property through private negotiation for enhancement of the sale proceeds. 2. Th..Category: Procedural Law | Date: | Hits: 80
Mohammad Shahabuddin Vs. Government of the People’s Republic of Bangladesh, 2011, 40 CLC (HCD)
....ions to attend departmental meeting where it has been decided to issue an offer letter as per prevailing rate but it has not been finally accepted. Mr. Moudud Ahmed has also pointed out that since no agreement is found to have been made between the respondent and the petitioner the question of legal......is also Reported in: ...... Let a Copy of this judgment be sent to the concerned authority at once for information and necessary action. Md. Akram Hossain Chowdhury J. - I agree. Ed. This Case is also Reported in: ..Category: Others | Date: | Hits: 133
Bulu and others Vs. State, 1992, 21 CLC (HCD)
....us of judicial opinion is that, if believed, conviction can be based on the solitary evidence of witness, of course if the veracity of the witness in not tainted in any manner." 36. We are in full agreement with the principle of law laid down in the cases under reference. True it is that convicti......o.443 of 1990 and appellants (1) Sohel and (2) Manu in Criminal Appeal No.500 of 1990 along with others have been convicted on 14.4.90 under sections 302/34 of the Penal Code and sentenced thereunder to imprisonment for life and to pay fine of Tk. 2,000.00 each, in default, to suffer rigorous impris......evelled against them. It is directed that they should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 79. ..Category: Criminal Law | Date: | Hits: 83
Gouri Rani Dutta Vs. Taib Ali & others, 1989, 18 CLC (HCD)
....arring a plaintiff from instituting further suit and its provisions cannot be given a retrospective effect when in clear terms that sub‑rule speaks of a future suit. We are, therefore, in full agreement with the decision given in the Lahore case. 15. Mr. MI Faruqui further submits that t......posite Parties Judgment June 14, 1989. Result: The Rule is discharged. Where the plaintiff withdraws from a suit, or abandons part of a claim, without the permission referred to sub-rule (2) he shall be liable for such costs as the court may award and shall be precluded from......ink that the said question has any relevance. For all the above reasons the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 13. ..Category: Procedural Law | Date: | Hits: 92
Commissioner of Taxes Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, Shampur, 1991, 20 CLC (HCD)
....rtain recommendations of the Commission.‑ (1) Notwithstanding anything contained in the Industrial Relations Ordinance, 1969 (XXIII of 1969), or in any other law or any rule, regulation, bye‑law, agreement, award settlement, custom, usage or terms and conditions of service for the time being in ......ppeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ......n 66A(2) of the Income Tax Act, 1922 for preferring an appeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ..Category: Fiscal/Taxation Law | Date: | Hits: 171
Bangladesh Vs. Abdul Wahab & others, 1991, 20 CLC (HCD)
.... considered the entire materials on record, facts and circumstances referred above I am inclined to hold that the petitioner is not entitled to any indulgence under section Limitation Act. I am in agreement with the view taken his Lordship Mr. Justice Bimalendu Bikash Roy Chowdhury. In the res......Bangladesh ......................... Petitioner Vs. Abdul Wahab & others ...................Opposite Parties Judgment June 3, 1991. Lawyers involved: Kaiseruddin Ahmed, Deputy Attorney‑General ‑ For the Petitioner. M Nurullah with M Shafiullah, Advocates - For the Oppo...... taken his Lordship Mr. Justice Bimalendu Bikash Roy Chowdhury. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 30. ..Category: Procedural Law | Date: | Hits: 87
.... deed in the benami of one Md. Ibrahim Miah, the predecessor of respondent Nos.13 to 15 who was a close relation of said Abdus Samad Chowdhury and in the same sitting Md. Yunus Mia executed a deed of agreement to reconvey the land in question within three years to respondent No.2 and that the case l......……………………………..Petitioners
VS.
Upazila Revenue Officer, Patiya, Chittagong & others………………………Respondents
Judgment
June 12, 1991.
Cases Referred to-
Abdul Mannan & others Vs. Kuloda Ranjan Mowali & others, 31 DLR (AD) 195; Abu Bakkar ......ugned order passed by the Upazila Revenue Officer in the aforesaid ML Case was passed without any lawful authority and is of no legal effect.
Ed.
This Case is also Referred to: 48 DLR (1996) 25. ..
Category: Property Law | Date: | Hits: 91
Munshi Amiruddin Ahmed Vs. Begum Shamsun Nahar, 1994, 23 CLC (HCD)
....he plaintiff she has been depositing the rent with the House Rent Controller. Further case of the defendant case is that the suit premise is not bonafide required by the plaintiff and in terms of the agreement with the plaintiff for the suit premises he is not entitled to terminate the monthly tenan......remises is also bona fide required by the plaintiff for his own use and occupation. 3. Defendant contested the suit denying the material allegations and ascertaining that she paid rent amicably upto May, 1990 and offer rent for the month of June 1990 which having been refused by the plaintiff sh......dge in refusing for ejectment in favour of the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Referred to: 48 DLR (1996) 21. ..Category: Tenancy Law | Date: | Hits: 167
Bangladesh Vs. M/s. Mashrique Textiles and others, 1982, 11 CLC (AD)
.... decided by a Bench of the High Court Division on November 14, 1980. 2. Respondent No.1 instituted Title Suit No.104 of 1974 in the court of 3rd Subordinate Judge, Dacca for filing the arbitration agreement under section 20 of the Arbitration Act. There was a contract, No. S/7/509/70-71 dated 9.2......pondents Judgment May 18, 1982. Cases Referred To- Dhanrajamal Gobindram Vs. Shamji Kalidas and Co., AIR 1961 SC 1285; PLD 1952 Lahore 565. Lawyers Involved: A.W. Bhuiyan, Deputy Attorney-General instructed by A.W. Mian, Advocate-on-Record - For the appellant. Kamal Hossain, Se......at the agreement be filed in Court must, however, stand. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 66. ..Category: Alternative Dispute Resolution | Date: | Hits: 147
Zebunnessa Vs. Commissioner of Income Tax North (Zone), Dacca, 1982, 11 CLC (AD)
....ellant accepted the offer and without renewing the tenancy with the German Cultural Institute which expired on 30th November, 1973, let out the house to said M/S Sonali Estate Agents, under a deed of agreement, for five years from 1st December, 1973, at the same monthly rent of Tk. 4,000/-. The said......tion under section 66(1) of the Income Tax Act, filed by the assessee-appellant. The assessee, Mrs. Zebunnessa, has got a house at 119A, Dhanmandi Residential Area, Road No.2 Dacca, which she let out to the German Institute before the War of Liberation at a monthly rent of Tk. 4,000/- per month from......ve the question of assessment open for determination by the Department in the light of the observations made above. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 56...Category: Fiscal/Taxation Law | Date: | Hits: 88
Abdur Rahman and others Vs. Sultan ® Sultan & others, 1982, 11 CLC (AD)
.... is a confused and unwarranted transfer into the ethical sphere of a term employed for other distinctions and so far as it is resorted to for other purposes, it is vacuous.” 5. We are fully in agreement with this view expressed in Local Government Code Vs. Arlidge 1915 A.C. 120 (at 138). The ......partition of the suit property by metes and bounds. It was decreed in preliminary contest on 29.4.1972. Thereafter, the plaintiffs submitted an application for appointment of a pleader commissioner to draw the final decree. A pleader commissioner was appointed on 8.1.1975 to effect partition by ......any equitable relief. In the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside. Ed. This Case is also Reported in: 35 DLR (1983) 51. ..Category: Procedural Law | Date: | Hits: 72
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