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Chitta Ranjan Mistry and others Vs. Radheshyam Mistry and others, 2002, 31 CLC (HCD)
....posite parties, on the other hand, submits that in order to answer the point raised by the learned Advocate for the petitioners the document itself namely, the deed of gift, has to be considered as a whole. He submits that the recitals made in the deed clearly show that, in fact, the gift was made i......ted heir has no power to alienate the estate inherited by her from the deceased owner except for the following purposes, namely; (I) Religious or charitable purposes (S181A) (II) other purposes amounting to legal necessity of (18113) 181A. Alienation by widow for religious or charitable pur......ny substance in the Rule. Accordingly, this Rule is discharged without any order as to costs. The impugned judgment and decree is maintained. Ed. This Case is also Reported in: 56 DLR (2004) 468...Category: Property Law | Date: | Hits: 65
....' list of Gazette notification as the abandoned property.
In the result, the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 746.
......' list of Gazette notification as the abandoned property.
In the result, the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 746.
...... alia, that Md. Zahoor never entered into an agreement on 19.1.1971 with the petitioner for the transfer of the case property at a consideration of Taka 12,000.00 and never received any consideration money from the petitioner; Md. Zahoor left Bangladesh during the war of liberation and after liberat..
Category: Property Law | Date: | Hits: 81
Madina Vegetable and Oil Refinery Industries (Private) Limited Vs. M T Dolores, 1993, 22 CLC (HCD)
...."Carriage by Sea' (12th Ed) Para 1041. "Where there are conflicting claims the shipowner must not deliver to any but the person rightfully entitled to the goods, otherwise he may be answerable for whole value of the goods." and the list of documents filed on 8th August, 1993 which includes the......uing the order of delivery. Dr. Hossain vigorously pleads that it is the most effective and speedy remedy for the plaintiff to secure arrest of the ship by way of security for payment of the decretal amount. He also canvasses that the plaintiff having had already spent a huge amount of Bangladeshi c......sistance rendered to me by the learned Counsels in deciding the case. In the facts and circumstances of the case I award no costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 740. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 383
KM Akhtaruzzaman Vs. Agrani Bank and others, 2003, 32 CLC (HCD)
....n Ahmed also argued that no notice of demand under section 9(1)(i) in the name of the appellant having been addressed, as required by rule 33, and service having not been proved according to law, the whole proceeding against the appellant is illegal and has been vitiated for want of notice. He lastl......antor is equally liable for the debt and, in view of section 9(1)(i), the creditor Bank made a valid demand both upon the appellant and upon the defendant Nos.1 and 2 and since they failed to pay the amount due to the bank they committed an act of bankruptcy and therefore, they can be adjudicated as......ve been dismissed. He next argued that even if the guarantor is deemed to be included within the meaning of the word 'debtor' the appellant having not been guarantor of the borrowers for repayment of money borrowed by them, no proceeding under the Act could have been initiated against him. He next s..Category: Civil Law | Date: | Hits: 83
Rafia Begum Vs. Afroza Bewa and others, 2004, 33 CLC (HCD)
....and decree appealed from is hereby affirmed. Send down the lower court’s records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 57 DLR (2005) 48. ......y were living as husband and wife on 28‑1‑1985 the original defendant divorced her and on 12‑2‑1985 fraudulently created a Kabinnama showing her marriage with him for the second time and less amount of dower. They continued to live together as husband and wife as before and she gave birth to...... time and less amount of dower. They continued to live together as husband and wife as before and she gave birth to a son on 5‑5‑1986. The defendant constructed a building in the suit land by her money and began to live there with her. On 25‑11‑1989 the defendant in his rented house at Nisin..Category: Property Law | Date: | Hits: 63
One Bank Limited and others Vs. Chaya Developer (Pvt.) Limited and others, 2011, 40 CLC (AD)
....hereafter, the respondents are directed to file the concise statement within 1 (one) week to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 963....... to secure credit facilities. The petitioner company, writ respondent No.4 the owner of the property, and Trust Bank entered into a tripartite agreement whereby the petitioner made payment of a big amount to the Bank in order to make the land owner free from liability. The petitioner company paid ......hereafter, the respondents are directed to file the concise statement within 1 (one) week to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 963...Category: Civil Law | Date: | Hits: 59
Khokan Chandra Mondal and another Vs. Nanda Lal Mridha and another, 2010, 39 CLC (AD)
....fering with the concurrent findings of fact of the Courts below. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 926. ......short is that the respondent No.1 (defendant) entered to a contract for sale of the suit land with the plaintiff on 14th September, 1989 at a consideration of Tk. 1,05,000/- and on receipt of advance amount of Tk. 60,000/- delivered possession of the same on condition that he would execute and regis......ease of the suit land from him for pisciculture for two years from 1393 B.S. After the expiry of the term the defendant requested the plaintiffs to renew the lease but as they did not pay the lease money as per terms of the contract he decided not to renew the lease and intimated the said fact to ..Category: Civil Law | Date: | Hits: 55
Dipak Datta Bhola Vs. State, 2012, 41 CLC (AD)
....and thereafter, the respondent shall file the concise statement to make the appeal ready expeditiously. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ......and thereafter, the respondent shall file the concise statement to make the appeal ready expeditiously. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ...... Md. Helaluddin Mollah, the learned Advocate appearing on behalf of the petitioner submits that the case against the petitioner was false and concocted by the police for failure to pay a large sum of money as demanded by the police officer and for refusing to compromise the case concerning the murde..Category: Criminal Law | Date: | Hits: 68
Pulin Mahajan Vs. State, 2011, 40 CLC (AD)
....ubt of vacillating mind that has not the moral courage to decide but shelters itself in a vain and idle scepticism. The accused will get to the benefit of doubt which emerges on an examination of the whole evidence in the case about the precise acts of participation by him. It is to be remembered th......it in this appeal. The appeal is allowed. The judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ......arned Additional Sessions Judge noticed that there are two versions in his confessional statements. In the first confessional statement Gopal implicated him in the murder and stated that for greed of money which Pulin allured him, he killed Khiroda Bala. He stated that Pulin promised to pay him Tk.5..Category: Criminal Law | Date: | Hits: 81
Shaw Wallace Bangladesh Limited Vs. Tofazzal Hossain, 1997, 26 CLC (HCD)
..... In view of the above, the Rule is made absolute without any order as to costs. The impugned Judgment dated 20-5-95 is set aside. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 22. ......His service was terminated under section 19 of the Employment of Labour (Standing Orders) Act, 1965 vide a letter dated 31-12-92 (Annexure—A), enclosed in which was a complete statement showing the amount payable to him as termination benefits and provident fund benefits, totaling Tk. 1,76,349.90 ......wing kinds only, namely: (a) fines; (b) deductions for absence from duty; (c) deductions for damage to or loss of goods expressly entrusted to the employed person for custody; or for loss of money for which he is required to account, where such damage or loss is directly attributable to his..Category: Labour and Industrial Law | Date: | Hits: 255
State Vs. Abul Hashem, 1997, 26 CLC (HCD)
.... Hashem is altered to the sentence of imprisonment for life. Jail appeal No.1944 of 1992 is dismissed. Death Reference is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 17. ...... Hashem is altered to the sentence of imprisonment for life. Jail appeal No.1944 of 1992 is dismissed. Death Reference is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 17. ......ent where P.W.1 with his family and others were traveling. These five persons were found to be dacoits. They suddenly asked the passengers to give up their belongings and then they snatched away cash money, wrist watch and other belongings from the passengers. They forcibly took money, one Seiko-5 w..Category: Criminal Law | Date: | Hits: 66
Soleman Bibi and another Vs. Administrator, Farajikandi Complex and others, 1992, 21 CLC (HCD)
....rdingly discharged without any order as to costs. Let the lower Court's records be sent down at once with a copy of this judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 727. ......nd also constructed a house upon the suit plot No. 2126, measuring 0.25 acre of land; that they also planted trees upon the banks of the tank and continued rearing fishes in the tank by spending huge amount of money; that their predecessor‑in‑interest Kadam was a refugee from India and that the ......nstructed a house upon the suit plot No. 2126, measuring 0.25 acre of land; that they also planted trees upon the banks of the tank and continued rearing fishes in the tank by spending huge amount of money; that their predecessor‑in‑interest Kadam was a refugee from India and that the defendant ..Category: Property Law | Date: | Hits: 47
Sarafat Hossain Vs. Dr. Islamuddin, 1992, 21 CLC (HCD)
....her Appeal No.112 of 1985 does not call for any interference. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 724. ...... Father of Plaintiff and defendant sent money, gold ornaments to the petitioner for defraying his educational expenses. 4. Further case of the plaintiffs is that he saved a lot of money out of the amount sent for him by his father and that he along with petitioner purchased about 29 bighas of lan...... Dinajpur. His brother the petitioner was a poor employee drawing only Tk. 45.00 as salary per month. Their father residing in India owned big property thereof. Father of Plaintiff and defendant sent money, gold ornaments to the petitioner for defraying his educational expenses. 4. Further case o..Category: Property Law | Date: | Hits: 74
Wadiuzzaman Vs. Chairman, BIWTA and others, 1992, 21 CLC (HCD)
....uthority. In the light of our observation and discussion made above, all three Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 679. ...... necessary to employ for the purpose of the Ordinance; (b) the scale of salary, allowances, honoraria, contributions and other remunerations to be paid to each such officer and servant; (c) The amount of leave to be granted to them, and (d) other conditions of the service. (2) The Chairm...... Annexures B4, B5 and B6. Because of his illness he could not draw his salary for the months of November and December, 1999 and he had to rush to Barisal without 2 (two) months arrear salary. With no money to pay his medical expenses, he filed an application at the directive of Authority's doctor, s..Category: Employment/Service Law | Date: | Hits: 116
Tamanna Steel Galvanizing Industry Ltd. Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....oner. In view the same we find no merit in these two Rules. In the result, these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 8. ...... of Revenue informed the Collector of Customs and Excise, Dhaka, Chittagong and Khulna that excise duty was not realizable from GP Sheet or CI Sheet manufactured in the factory before 6-9-89 and such amount if realised is refundable subject to the condition of aforesaid Rule 11. On 28-3-89 petitione......follows: “The fact being that VAT levied on the raw rubber imported by the petitioner, was not authorised by law, the customs authorities concerned cannot resort to the law in refusing to refund money, realised mistakenly as VAT, on grounds of limitation provided therein, simply for the reason ..Category: Fiscal/Taxation Law | Date: | Hits: 164
Mizanur Rahman (Md.) alias Mija alias Mizan Vs. State, 1997, 26 CLC (HCD)
.... not wanted in connection with any other case. Send down the LC records, with a copy of the Judgment at once for doing the needful. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 83. ...... not wanted in connection with any other case. Send down the LC records, with a copy of the Judgment at once for doing the needful. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 83. ......he informant by breaking the iron gate as well as lock of the door on the room of his wife and during the occurrence they blasted bombs and looted away gold ornaments, wrist watches, wall clock, cash money, cassettes, sarees, various clothings from different rooms of the wife and children of the inf..Category: Criminal Law | Date: | Hits: 80
Jiban Chandra Sarkar Vs. Md. Rafizuddin Bepary and others, 2011, 40 CLC (AD)
....) is to be deposited within one month. The petitioner is permitted to prepare the paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VIII ADC (2011) 760. ......) is to be deposited within one month. The petitioner is permitted to prepare the paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VIII ADC (2011) 760. ......nt under them. Aditya being in possession died leaving behind five sons named Lalit, Mahesh, Krishna, Purna and Gadadhar. CS Khatian No.1356 was correctly prepared in their names. Out of the need for money 5(five) brothers gave 29 decimals of land to Nepal Bepary by korfa pattan. Lalit having died, ..Category: Property Law | Date: | Hits: 66
Md. Hossain Ahmed Vs. Bangladesh House Building Finance Corporation and another, 2011, 40 CLC (AD)
....tance in the submissions of Mr. Quamrul Islam Siddique, so in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 721. ...... No.16 of 1991 before the Artha Rin Adalat at Jessore under the provision of Bangladesh House Building Finance Corporation Order, 1973 (P.O. No.7 of 1973) against the petitioner for realization of an amount of TK. 8,95,690.25 as on 31.12.1998 along with interest by selling the land along with the bu......tance in the submissions of Mr. Quamrul Islam Siddique, so in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 721. ..Category: Civil Law | Date: | Hits: 108
Kibria and Associates Ltd. Vs. Bangladesh Agricultural Development Corporation, 1992, 21 CLC (HCD)
....m Halsbury's Laws of England (Fourth Edition) from paragraphs 580 and 581 which are: "580. Interest. An arbitrator or umpire has power to award interest on the amount of any debt or damage for the whole or any part of the period between the date when the case of action arose and the date of the a......dent and the appellant appointed on May, 1990 Mr. Justice KM Sobhan as the sole Arbitrator. 3. The appellant before the Arbitrator submitted claim for Tk. 70,54,068.00 upto June 30, 1990. The said amount included Tk. 21,31,800.00 and Tk. 3,19,770.00 as business loss which was calculated at the ra......the case of Wildhandel NV Vs. Tucker and Cross (1976) 'Lloyd's Rep. 341 and quoted the observation made in the said case which is: "In a commercial transaction if the plaintiff has been out of his money for a period, the usual order is that the defendant should pay interest for the time for which..Category: Alternative Dispute Resolution | Date: | Hits: 156
AKM Haroon‑or‑Rashid & another Vs. AKM Mostafa Kamaluddin and others, 2001, 30 CLC (HCD)
....e of receipt of the judgment. Let a copy of the judgment be communicated to the learned Assistant Judge concerned immediately. Ed. This Case is also Reported in: 57 DLR (2005) 29. ......t allotment of the suit land on 29‑9‑65 and obtained possession thereof from the authority concerned on 20-10‑65. Out of the total premium he paid only Taka 700 on 12‑10‑65. The rest of the amount was paid by defendant No.1 on behalf of Abdul Khaleque Dhali on 5‑7‑76. The Governme......nd out of the said amount he received Taka 3,000 on 28‑2‑76. Abdul Khaleque Dhali received another sum of Taka 21,000 on 8‑3‑76 keeping a balance of Taka 1,000 out of the entire consideration money from defendant No.1 and executed an agreement for sale in favour of, defendant No.2. Abdul Kha..Category: Civil Law | Date: | Hits: 68
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