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Md. Dewan Ali Vs. Md. Jasim Uddin and others, 2008, 37 CLC (AD)
....e was bad for non-joinder of necessary parties. Saleha Begum in the month of Agrahayan 1397 B.S. mortgaged the case land for Tk. 8,000/- to the pre-emptor Jasimuddin on the basis of an unregistered agreement on condition that on re-payment of the said money the pre-emptor Md. Jasimuddin would re......sim Uddin and others .......Respondents Judgment January 6, 2008. The State Acquisition and Tenancy Act, 1950 (XXVII of 1951), Section 96 The pre-emptee having failed to prove that the pre-emptor was offered to buy the case land in the first place and he refused to ......pre-emptor Md. Jasimuddin would restore possession of the case land to her. Later on, Saleha Bibi being in need of cash money to clear up the bank debt of her deceased husband Yakub Ali offered to sell the case land to Jasimuddin as it was earlier mortgaged with him. But the pre-emptor Md. Jasim..Category: Property Law | Date: | Hits: 32
Maruf Hossain (Swopon) Vs. Diljan Bibi and others, 2007, 36 CLC (AD)
....ed them from the suit land. The defendant contested the suit by filing a written statement stating inter alia that the suit land belonged to Niamat Sk. Keramat Sk. and Fazar Ali and he by virtue of agreement of sale (Baina) possessed the suit land since 1999 and mutated his name and he paid rent......y Sufia Khatun, Advocate-on-Record- For the Petitioner. A.K.M. Shahidul Huq, Advocate on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 555 of 2005. (From the judgment and order dated 2.3.2005 passed by the High Cou......rmity in the decision of the High Court Division so as to call for any interference. 6. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 196. ..Category: Property Law | Date: | Hits: 23
Mokbul Hossain Howlader Vs. State, 2007, 36 CLC (AD)
....00.00 on different dates. It was agreed upon that the remaining taka would be paid after getting visa and confirmation of ticket. But the accused did not send the complainant to America as per that agreement. The complainant demanded his money back but the accused was killing time on flimsy grou........Respondent Judgment September 13, 2007. Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record- For the Appellant Zahurul Islam Mukul, Deputy Attorney General, instructed by Md. Sajjadul Huq, Advocate-on-Record- For the Respondent ......law and procedure. 12. In view of the above, we find substance in the appeal. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 181. ..Category: Criminal Law | Date: | Hits: 42
Md. Wali Miah and others Vs. Musammat Halima Begum and others, 2004, 33 CLC (AD)
....as not been able to prove his case and as such we find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 116. ......Respondents Judgment February 24, 2004. Lawyers Involved: Md. Amir Hossain, Advocate on-Record- For the Petitioner. Not represented-For the Respondents. Civil Petition for Leave to Appeal No.1336 of 2002. (From the judgment and order dated 11.02.2002 passed by the High Court......o.1. The plaintiff remained in possession of the suit land as before. 3. The defendant No.1 contested the suit by filing written statement and contended, inter alia, that the plaintiff proposed to sell the suit land along with the shop hut standing on the suit land to the defendant No.1 who agree..Category: Tenancy Law | Date: | Hits: 174
Md. Rezaul Ahsan Vs. Salamat Miah Wakf Estate, 2007, 36 CLC (AD)
.... defendant No.2 and that the Respondent, Amir Sultan Ali Haider was appointed Mutwalli of the said Waqf Estate and that the petitioner was inducted into the suit premises as monthly tenant through an agreement executed on 15.01.1972 at a monthly rent of TK.50.00 and that the petitioner runs a hotel ......ord- For the Petitioner. S. M. Monir, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For Respondent No. 1. Not represented- For Respondent No. 2. Civil Petition for Leave to Appeal No. 599 of 2005. (From the judgment and order dated 13th March, 2005 passed by the High......we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 110. ..Category: Tenancy Law | Date: | Hits: 184
Khorshed Alam (Md) Vs. Hazi Mohiuddin and others, 2007, 36 CLC (AD)
....nd by appointing an experienced and good survey-knowing Advocate Commissioner." 18. Having regard to the facts, circumstances and the materials on record, we are fully in agreement with the above findings of the learned Single Judge of the High Court Division and, as s...... Nos. 2 and 4-38. (In Civil Petition No. 1164 of 2005). Md Nawab Ali, Advocate-on-Record—For the Respondents. Not represented—Respondents. Civil Petition for leave to Appeal Nos.1163 & 1164 of 2005. (From the judgment and order dated 16-4-2005 passed b......cogent ground for interference in the impugned judgment. Accordingly, both the civil petitions are dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 72. ..Category: Procedural Law | Date: | Hits: 86
Mariam and others Vs. Bangladesh, 1978, 7 CLC (AD)
....nvestment Trust Ltd. reported in 1954 (1) All England Law Reports 252 their lordships defined frustration thus:- “Frustration may be defined as the premature determination of an agreement between parties, lawfully enacted into and to and in course of operation at the time of ......hellip;………..Appellants Vs. Bangladesh………………….Respondents Judgment June 27, 1977. Case Referred to: Cricklewood Property & Investment Trust Ltd. and others Vs. Leightons Investment Tru......t for decision in accordance with law in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 247. ..Category: Civil Law | Date: | Hits: 89
Faridul Alam Vs. State and another, 2007, 36 CLC (AD)
....ank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, w......etitioner Vs. State and another...........................Respondents Judgment February 18, 2007. Result: The criminal petition is dismissed. Words and phrases Refer to drawer The endorsement "refer to drawer" does not mean anything but that the cheque has been r......made above, we do not find any grounds to interfere. The criminal petition is, therefore, dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 93; 16 BLT (AD) 51; 13 BLC (AD) 61. ..Category: Criminal Law | Date: | Hits: 138
Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)
....h the respondent No.1, the informant agreed to pay Sheikh Fazlul Karim Selim 2% of contract value, i.e. 29 million Taka equivalent to 5,80,000 US dollars in July, 2000, that according to the verbal agreement, the informant paid him a total amount of Taka 2,99,65,500 by way of cheques at his reside......gment May 8, 2008. The Constitution of the People’s Republic of Bangladesh, 1972, Article 35(1) Article 35(1) of the Constitution only prohibits conviction or sentence under an ex post facto law (a law having retrospective effect) but not the trial itself. A person accused of an offence ......ich the question is raised can be properly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ..Category: Civil Law | Date: | Hits: 254
A. B. M. Shamsuddin Vs. Mahmuda Selina and others, 2006, 35 CLC (AD)
....the said defendant No. 1 entered into a contract with the plaintiff for sale of the suit land at a consideration of Tk. 28,00,000/-; that on receipt of Tk.5,00,000/- on 03-02-1995 executed an agreement and it is the case of the plaintiff that as the defendant failed to execute and register......yers Involved: Fariduddin Md. Reza, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 916 of 2004 (From the judgment and order dated 02-05-2004 passed by the High C......ngs and decisions as arrived at by the High Court Division. In the aforesaid premises, we find no merit in this petition. Accordingly, it is dismissed. Ed. ..Category: Property Law | Date: | Hits: 41
Ashraf and others Vs. Md. Zahangir Alam & others , 2008, 37 CLC (AD)
....ve the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 66; V ADC (2008) 189; 14 MLR (AD) (2009) 86. ...... others .................Respondents Judgment January 21, 2008. Negotiation of sale price by Court: The Government having the right under clause 9 of the Tender Notice to accept or reject the bid in part, accepted the writ petitioner’s bid for five out of four...... is that Md. Zahangir Alam, the respondent No.1 in Civil Petition No. 223 of 2005, filed Writ Petition No. 1463 of 2004 stating, inter alia, that the Ministry of Housing and Public Works decided to sell out 374.31 metric tons of old iron and steel materials lying in the godowns in Sylhet PWD Zone..Category: Others | Date: | Hits: 88
Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)
.... to be sanctioned by the Court during war time. Judges probably remembered the Roman statesman, Cicero who said, "Silent leges inter arma" (laws are silent amid arms). We are, however in respectful agreement with Lord Atkin when he said, "amidst the clash of arms the laws are not silent. They may ...... another…..Respondents (In Criminal Appeal No. 5 of 2008) Barrister Nazmul Huda and another…..Respondents (In Criminal Appeal No. 6 of 2008) Judgment March 6, 2008. Cases Referred to- ADM, Jabalper vs. Sukla, AIR 1976 (SC) 1207, Harabayashi vs. United States (1943), Solicitor......fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ..Category: Anti-Corruption Laws | Date: | Hits: 219
Md. Abu Alam Vs. Zarina Begum and others, 2006, 35 CLC (AD)
....ten statement denying the material averments made in the plaint and stating, inter alia, that their predecessor Abdul Hamid on July 26, 1960 sold 20 decimals of land to Abdur Razzaque with an agreement for re-conveyance, that in the deed of re-conveyance by mistake plot No.8275 was written ......manent injunction against the defendant nos. 1-4. 2. The case of the plaintiff is that the land in suit was owned by Abdul Hamid predecessor of the defendant Nos. 1-9. He sold the same to Abdur Razzaque by the kabala dated July 26, 1960 and said Abdur Razzaque sold the land so purcha......pellate Court. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 42
Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
....ported goods, meaning thereby the worth of a thing expressed in money and is determinable by reference to the objective yardstick normally the 'market price' or the price determined by an agreement between the concerned parties in an open market which are considered for determinin......p;…………………………………………………….Appellant Vs The Collector of Customs, Customs House, Chittagong & others................. Respondents (In all the ca...... 61. In view of the above, we do not find any substance in the submissions of the learned Counsel for the appellants. The appeals are dismissed without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 107
Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
....dant that they left the suit land in 1971 and again after liberation they came to the suit land and has been residing therein. The plaintiff, however, though claimed possession on the basis of agreement for sale and accordingly filed the S.A. Khatian standing in the name of Dil Mohammad as R......ing .04 acres from Plot No. 50 in old Khatian No. 723, .03 acres from Plot No. 49 in Khatian No.722, .02 acres from Plot No. 32 in Khatian No. 543 and .03 acres from Plot No. 84 in Khatian No. 763 total measuring .12 acres originally belonged to Uttam Sardar, Uday Sarder, Khirod Baisnab and Basa......avour of Dil Mohammad in the year 1351 B.S. in the month of Kartik; the suit land is situated within the Rajshahi City Corporation area; in the year 1354 B.S. the said Rama Proshad intended to sell the suit land and accordingly received Tk. 6,000/- from Dil Mohammad but before registration h..Category: Property Law | Date: | Hits: 34
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
....the letter of intent dated 3-8-98 requiring the respondent No.1 to furnish the performance bond, for 10% of the contract value immediately and the letter of intent did not give rise to an enforceable agreement but merely constituted an agreement to enter into a contract; the letter of intent being m......is Case is also Reported in: 59 DLR (AD) (2007) 185. ......ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ..Category: Others | Date: | Hits: 100
Meghna PET Industries Ltd and others Vs. Md. Mostafa Kamal & others, 2007, 36 CLC (AD)
....ths of its being due as per the definition of the Bangladesh Bank, the said Company became the defaulting borrower company within the meaning of section 5(GaGa) of the Bank Companies Act, 1991. An agreement by way of Memorandum of Understanding (MOA) was reached on 16-2-2001 by and between the r...... Not represented—Respondent Nos. 3-9. (In Civil Petition No. 477 of 2005). Not represented—Respondent Nos. 3-7. (In Civil Petition No. 478 of 2005). Civil Petition for Leave to Appeal Nos. 477-478 of 2005 (From the judgment and order dated 7th & 8th December, 20......faulter borrowers. Accordingly, the application for dismissing the civil petition for leave to appeal Nos. 477-478 of 2005 is allowed. Both the civil petitions are dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 108
Ambia Khatun and anr Vs. Syed Altaf Hossain and another, 1978, 7 CLC (AD)
....r the petitioners, has submitted that the learned Single Judge of the High Court erred in construing the provisions of Section 75 A of the State Acquisition and Tenancy Act and in holding that the agreement for permanent lease of the premises in question was ‘subletting’ within the m......ith Serajuddin Ahmed, Advocate, instructed by B C. Panday, Advocate-on-Record.—For the Petitioner. Not represented—Respondents Civil Petition for special leave to appeal No.160 of 1977 (From the Judgment dated the 31st August, 1976 passed by th...... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ..Category: Property Law | Date: | Hits: 34
Bangladesh Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....o.3 treating the property in suit as vested property and thereupon leasing out the property in suit is illegal and void. 2. Facts, in short, are that the original owner Harihar Das entered into an agreement for sale on May 19, 1962 with Abdul Barek Bepari and upon receiving Taka 6,000 out of the ...... Md. Aftab Hossain, Advocate-on-Record— For the Petitioner. AKM Shahidul Huq, Advocate-on-Record—For Respondent Nos. 1-3. Not represented—Respondent Nos. 4-19. Civil Petition for Leave to Appeal No. 1716 of 2005 (From the Judgment and Order dated March 14, 2005 passed by the High C......denying the material averments made in the plaint and stated, inter alia, that land in suit belonged to Harihar Das who appointed Jatindra Chandra Sarker as attorney to look after the property and to sell the property and thereupon left for India, that Attorney of Harihar Das inducted defendant No. ..Category: Tenancy Law | Date: | Hits: 156
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....pellant that he proposed to sell the property described in the schedule attached to the plaint of Other Suit No. 136 of 1996 and the defendants agreed to purchase the same for Taka 60,00,000 and an agreement was executed on June 17, 1987 and on that date principal defendants i.e. respondent Nos.......n of the judgment of the High Court Division reads as follows: "In the result this appeal is allowed and the impugned judgment and decree are set aside. The appellant is directed to pay Taka 4, 00,000 together with 6% interest thereon from 28-4-93 to the respondent No.1 and th...... 136 of 1996 impleading the respondent Nos. 1 and 2 herein as the principal defendants seeking the relief as mentioned herein before. It was the case of the plaintiff-appellant that he proposed to sell the property described in the schedule attached to the plaint of Other Suit No. 136 of 1996 an..Category: Property Law | Date: | Hits: 94
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