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Abul Kalam Azad and another Vs. Sunhar Ali and others, 1994, 23 CLC (AD)
....he suit was filed for ejectment of the defendants. 3. Defendant Nos. 1-3 and 7 contested the suit by filing a joint written statement contending, inter alia, that defendant No. 1 as tenant started business in the suit premises and paid rent to the original owner Abdus Sobhan and after his death t......red to- 26 DLR 205; 9 DLR 217; Golam Hafiz Mia Vs, Khadem Ali Miah, 29 DLR (SC) 311; 41 DLR 190; Narsingh Prasad Paul Vs. Still Products Ltd. AIR 1953 (Cal) 15. Lawyers Involved: SR Pal, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record - For the Appellants in both the Ap......r relating to recalling of PW I is necessarily set aside. Accordingly, both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ......r relating to recalling of PW I is necessarily set aside. Accordingly, both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ..Category: Tenancy Law | Date: | Hits: 81
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....s resumed the work from 21 March 1983. The respondents, in addition to their bill for the main construction work under the Agreement, submitted a Bill (Bill No. 1) demanding compensation for their business‑loss caused due to the suspension of the work for 47 days; they held the appellants ......on (Civil) Present: Shahabuddin Ahmed C J MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Bangladesh Agricultural Development Corporation (BADC), represented by its Secretary ....... Appellant (In both the appeals) Vs. ......ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ......ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ..Category: Business or Commercial Law | Date: | Hits: 98
Khondaker Mahtabuddin Ahmed, MD Vs. Matin Tea and Trading Company , 1994, 23 CLC (AD)
.... deed of agreement it appears that the agreement was for the supply of money and tea by both the sides. Explanation 11 of section 20 of the CPC provides that a corporation shall be deemed to carry on business at its sole or principal office in Bangladesh, or in respect of any cause of action arising......t Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Khondaker Mahtabuddin Ahmed, Managing Director....... Petitioner-Defendant Vs. Matin Tea and Trading Company .................. .....Re......t the court at Moulvibazar was competent to entertain the suit. The petition has thus no merit and is accordingly dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 92 ......t the court at Moulvibazar was competent to entertain the suit. The petition has thus no merit and is accordingly dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 92 ..Category: Procedural Law | Date: | Hits: 91
Mafizuddin and others Vs. Alauddin and another, 1994, 23 CLC (HCD)
....re to provide for a forum and remedy. The Court is nothing but an instrument for administration of justice in accordance With law. If the legislature has not provided for remedy, it is none of the business of the Court to provide the same. It is now well settled that the Court, in the garb of in......Golam Rabbani J Mafizuddin and others....................Petitioners Vs. Alauddin and another............Opposite Parties [In Crl. Rev. No. 2053] Md. Sher Ali and ors ........................... Petitioners Vs. State and another .............er made by the Sessions Judge under section 439A of the Code. The application is, accordingly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ......er made by the Sessions Judge under section 439A of the Code. The application is, accordingly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ..Category: Criminal Law | Date: | Hits: 76
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....r the plaintiff-respondent (hereinafter plaintiff) contends that the Court certainly got such powers but, in this case, what has been awarded by the Court is not interest but compensation for loss of business for non payment of the balance of the price of goods supplied by the plaintiff to the defen......n (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Sonali Bank...............Defendant-Appellant Vs. Karnaphuli Works Ltd................. Plaintiff-Respondent Judgment November 29, 1993. Result: Th......ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ......ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ..Category: Business or Commercial Law | Date: | Hits: 128
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ...... Present: Sahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh, represented by the Secretary, Ministry of Communications, Road and Road Transport Division and another …………Appellants (In Civil Appeal Nos. 44, 45 & 48 of 1992) Mi......unted from the date of their ad‑hoc appointment thus giving them benefit of the ad‑hoc service which ranges from one year to three years, in the instant cases. It is these principles which were incorporated, in the impugned Rules of 1990, he has concluded. 15. Mr. Ishtiaq Ahmed, who led the m...... 9. Under Article 136 of the Constitution, the Services (Re‑organisation and Conditions) Act No. XXXII of 1975, was made providing for re‑organisation of services of the Republic and of public bodies and nationalised enterprises, and for prescribing unified grades and scales of pay and other ..Category: Employment/Service Law | Date: | Hits: 97
Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)
....unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ......dul Majid Vs. Mushafee Ahmed 17 DLR (SC) 63; Gholam. Sarwar Vs. Pakistan PLD (1962) SC 142; Dr Nurul Islam Vs. Bangladesh 33 DLR (AD) 201; PL Dhingra Vs. Union of India AIR 1958 (SC) 36 & BSI Corporation Vs. Mahbub Hussain 29 DLR (SC) 41; West Bengal State Electricity Board and others Vs. De......unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ......cts. 15. Act XXXII of 1975 (Service Re‑organisation and Conditions) Act, as its preamble shows, was enacted to provide for reorganisation of the services of the Republic, public bodies and nationalised enterprises and to prescribe "uniform grades and scales of pay" a..Category: Administrative Law | Date: | Hits: 149
Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)
....(3) The acts challenged in the two writ petitions were committed by Mr. Anwar Hossain not in connection with the affairs of the Republic or of any local authority but in connection with the business of the Ittefaq Group of Publications Ltd. In his capacity as Executive Director of the Com...... The Constitution of Bangladesh, 1972, Article 147 (3) The acts challenged in the two writ petitions were committed by Mr. Anwar Hossain not in connection with the affairs of the Republic or of any local authority but in connection with the business of the Ittefaq Group of Publications ......se of the writ petitioners, in short, is that Ittefaq Group of Publications Ltd, petitioner No.2 in Writ Petition No. 2746 of 1997 and Writ Petition No. 3834 of 1999, is a Private Limited Company incorporated under the Companies Act on 31-1-1970 which, among others, took over the management and p...... question. All the appeals are therefore, allowed. There is no order as to costs. The connected civil petition is disposed of in the light of the Judgment in the appeals. Ed. ..Category: Civil Law | Date: | Hits: 103
Abdur Rahim (Md) Vs. Bengal Bricks Industries Ltd. & anr, 2006, 35 CLC (AD)
....ation of Taka 2,00,000 on the basis of an unregistered deed in 1971 which was lost during the war of liberation. But on the basis of the purchase he took possession of the petrol pump and started his business in the name and style of Messrs A Rahim and Sons. As the defendant-respondent No. 2 Padma O......td. & anr................Respondents Judgment March 1, 2003. The Code of Civil Procedure, 1908 (V of 1908), Order I rule 10 The High Court Division found the petitioner as an unauthorised occupant under a monthly tenant. He has obviously no right and title in the suit property. Co......itioner. 14. We do not find any illegality or infirmity in the Judgment of the High Court Division calling for our interference. In view of the above, the leave petitions are dismissed. Ed.......itioner. 14. We do not find any illegality or infirmity in the Judgment of the High Court Division calling for our interference. In view of the above, the leave petitions are dismissed. Ed...Category: Tenancy Law | Date: | Hits: 72
Agrani Bank and other Vs. Essential Garments Ltd. and others, 2006, 35 CLC (AD)
....er preferred the appeal. 6. Leave was granted to consider the submissions that the reliefs sought are matters within the discretion of the appellant Bank to be exercised on commercial and business consideration with which the High Court Division except under very unusual and rare circum...... Essential Garments Ltd. and others...............Respondents Judgment January 24, 2006. The Constitution of Bangladesh, 1972, Article 102(2) The revenue authorities were not within their jurisdiction in setting aside the auction sale at the instance of a p......petition. 23. In the background of our discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to cost. Ed. ......petition. 23. In the background of our discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to cost. Ed. ..Category: Banking Law | Date: | Hits: 121
Bangladesh Telecommunication Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
....Television Broadcasting station or licensing of such station, Broadcasting apparatus or an apparatus for receiving any message or other information or a programme transmitted by way of broadcast or a business of such apparatus and more so, when the law itself had specifically excluded any form of br......Judgment of HCD here. Supreme Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J AK Chowdhury J Bangladesh Telecommunication Regulatory Commission........................Appellant vs Ekushey Television Ltd...........................ns aforesaid, with the above observations the appeals are, accordingly, allowed without any order as to costs. The impugned judgment and orders of the High Court Division are hereby set aside. Ed. ......ns aforesaid, with the above observations the appeals are, accordingly, allowed without any order as to costs. The impugned judgment and orders of the High Court Division are hereby set aside. Ed. ..Category: Information Technology Law | Date: | Hits: 266
Abdul Kader Vs. Secretary, Election Commission and others, 2006, 35 CLC (AD)
....f their duties." 8. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed Ed. ......s not save a defaulter loanee from the mischief of the contemplated disability. If rescheduling would save a loanee from being a defaulter, the legislature would have certainly made the provision for it in the section itself……………..(6) Cases Referred To: ......f their duties." 8. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed Ed. ......c and financial interest of the State and though it has not been expressly stated in the statute it is clear from the nature of duties and responsibilities of the persons constituting these local bodies. It is a common knowledge that for non-payment of loans taken from State-owned banks, the ..Category: Election Law | Date: | Hits: 106
Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
....ation of the assertion of the appellant that the vessel in question was arrested within the territorial water of Bangladesh and the log book which has been prepared in the usual official course of business, carries a presumption that the official acts were done regularly to support the case of t......overnment of Bangladesh represented by the Secretary (IRD) and Chairman, NBR, Ministry of Finance, Internal Resources Division and anr.........................Appellants Vs. Amora Holding Inc. Panama and other............................Respondents Judgment ...... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ...... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 96
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....ilty of the offence for causing death of the victim for not meeting the demand of dowry have placed reliance on Exhibit 2 (khata) which PW 1, as claimed, used to maintain in the ordinary course of business to make entries of the amount spent for different purposes as well as money paid on differ......-Sishu Nirjatan (Bishesh Bidhan) Ain, 1995 (XVIII of 1995), section 10 (1) The diary maintained by the victim reflected that the victim felt pain in her mind because of demand of dowry and torturing her in not meeting the demand of dowry. This circumstance is a negation of the contention ......is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ......is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ..Category: Criminal Law | Date: | Hits: 59
ASI Md. Ayub Ali Sardar and another Vs. State, 2005, 34 CLC (AD)
....their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13....... petition is dismissed. The Penal Code, 1860 (XLV of 1860), sections 197 & 302 The Code of Criminal Procedure, 1898 (V of 1898), section 197. In view of the fact that the evidence on record leads to the irresistible conclusion that the offence alleged against the petitioners has not be......their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13.......hen accused petitioner Ayub Ali fired at Abdul Aziz and Sagir Ahmed fired at Amjad Khan from their rifles and Aziz and Amzad died instantly and that accused Sattar and others tried to remove the dead bodies but the neighbours came forward and on their resistance the accused could not succeed to remo..Category: Criminal Law | Date: | Hits: 78
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
.... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ......In all the Cases) Judgment July 30, 1992. Cases Referred to- Keshavanda Bharati (AIR 1973 SC 1461) and Deepchand vs. State of Uttar Pradesh (AIR 1959 SC 664); Comptroller and Auditor General vs. Jagannath, AIR 1987 (SC) 537, Mukesh vs. State of Madhyapradesh, AIR 1985 (SC) 1363; ......he Government to the Upazila Parishads. These functions were called "transferred subjects" and the functions retained by the Government were called "retained subjects". The Parishad was made a body‑corporate with perpetual succession, a common seal and right to acquire, hold and dispose of propert......cal Government. This chapter consists of two articles namely, 59 and 60 which are quoted below: "59. (1) Local Government in every administrative unit of the Republic shall be entrusted to bodies, composed of persons elected in accordance with law. (2) Every body such as is refer..Category: Constitutional Law | Date: | Hits: 655
Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)
....______3. It was stated in the application that the judgment‑debtor No. 2 was formerly a Director of the UCBL. He had 25,000 shares of Tk. 100 each in the said Bank. The Bank in due course of business provided credit facilities to the various companies owned by the judgment‑debtor No.......ant Vs. United Commercial Bank Ltd. and others................ Defendant-Respondents Judgment March 30th 1992. Lawyers Involved: Moksumul Hakim, Senior Advocate, instructed by B Hossain, Advocate-on-Record-For the Appellant. Fazlul Karim, A......s which were lying with respondent No. 1 against the outstanding liabilities of the judgment‑debtor No. 2 were sold and the share certificates were delivered to the purchasers. Ed. ......s which were lying with respondent No. 1 against the outstanding liabilities of the judgment‑debtor No. 2 were sold and the share certificates were delivered to the purchasers. Ed. ..Category: Business or Commercial Law | Date: | Hits: 124
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ......jdhani Unnayan Kartripakha and another .....................Respondents [In both the appeals] Judgment August 30th, 1992 Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Mahmudul Islam, Advocate with him) instructed by M Nawab Ali, Advocate-on-Record - For......which was given without authority and without taking any action against respondent No. 4 in spite of receipt of an allegation against him. He further submits that there can be no estoppel against a corporate body for acts done without authority. 11. The appellant has been denied mutation ......bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ..Category: Property Law | Date: | Hits: 110
Sonali Bank and others Vs. Gazi Abdur Rashid and others, 1992, 21 CLC (AD)
....tract Ext. X(4) between defendants Nos. 7 & 4 and that the plaintiff never ratified the same. 17. About the implied authority of professional agents when employed in die course of business as agent, Bowstead says in his book on Agency (13th Edition, 1968 at page 78): ...................................... Respondents [In CA No. 68/90] Judgment February 4th, 1991. Lawyers Involved: Asrarul Hossain, Senior Advocate instructed by B Hossain, Advocate-on-Record - For the appellants in CA No. 61/90 and re......not allowed but we allow interest on the decretal sum of Tk. 15,39,300.00 @ 7.1/2% per annum from the date of the institution of the suit upto the date of decree of this Court. Ed. ......not allowed but we allow interest on the decretal sum of Tk. 15,39,300.00 @ 7.1/2% per annum from the date of the institution of the suit upto the date of decree of this Court. Ed. ..Category: Business or Commercial Law | Date: | Hits: 99
Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
.... 3. The appellant filed an application under Order VII rule 11 CPC for the rejection of the plaint on the ground that the Court had no jurisdiction since the defendant does not reside or carry on business within the jurisdiction of this Court and it is ex facie evident from the plaint that no ......…..Appellant Vs. Md. Fazlur Rahman. ................ Respondents Judgment January 29th, 1992. Cases Referred To: Stephens & Co. Vs. Auerbach reported in 1908 (2) KB 161; Entores Ltd. Vs. Miles Far East Corporation 1955 (2) QBD 327; Champaklal ......thin the jurisdiction of the court where the plaint was filed. We find no good ground to interfere with the concurrent order of the courts below. The appeal is dismissed with costs. Ed. ......thin the jurisdiction of the court where the plaint was filed. We find no good ground to interfere with the concurrent order of the courts below. The appeal is dismissed with costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 124
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