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Agrani Bank Limited Vs. M/S. Kalipada Saha & Brothers and others, 2011, 40 CLC (AD)
....of fact arrived at by the appellate Court, consequently, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 637.......13.12.1994 subject to the adjustment of the previous deficit in repayment of loan, but the predecessors of the respondents did neither make any repayment nor adjusted the deficit of the previous loan amount. Kalipada Saha and Brojendra Kumar Saha executed the charge and other documents like balance ......of fact arrived at by the appellate Court, consequently, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 637...Category: Civil Law | Date: | Hits: 55
Aminul Islam Vs. S. M. Habib alias Dulal and others, 2011, 40 CLC (AD)
....book is dispensed with as prayed for Parties arc directed to maintain status quo as regards the possession till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 631. ......book is dispensed with as prayed for Parties arc directed to maintain status quo as regards the possession till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 631. ...... a registered kabala and had been possessing that 13 decimals of land by constructing homestead thereon. Subsequently Sarif Lokman Ahmed, for the purpose of sending his son to Middle East, required money and as such he contracted to sell another 27 decimals of land of plot Nos.4274 and 4275 of mou..Category: Property Law | Date: | Hits: 51
Zeenat Textile Mills Ltd. Vs. Chairman, Third Labour Court, Dhaka and another, 1991, 20 CLC (HCD)
....d Labour Court, Dhaka in Complaint Case No.25 of 1984 to have been made without lawful authority and the same is of no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 213. ......s alleged. He further submitted that the Labour Court had rightly come to the conclusion that keeping of the valve for 5/6 days and delivering the same to the petitioner‑company on 21.12.83 did not amount to any offence and was, therefore, not act of misconduct by the respondent No.2. 7. Keepin......d Labour Court, Dhaka in Complaint Case No.25 of 1984 to have been made without lawful authority and the same is of no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 213. ..Category: Labour and Industrial Law | Date: | Hits: 172
Narayan Chandra Banerjee alias Bandapadhya Vs. Md. Salek Ali Shaik, 1991, 20 CLC (HCD)
....urchased the property with open eyes having opportunity to know the title of the defendant and that the plaintiff having obtained delivery of possession has still been in possession in respect of the whole of the property. That being the position the principle laid down in the above referred case do...... of 1979 should not be set aside. 2. The suit being money suit No.1 of 1979 was filed by the opposite party Md. Sudek Ali Shaik @ Sadek Ali as plaintiff for the recovery of the consideration money amounting to Tk. 7,500.00 from the defendants. The plaintiff's case, in short, was that the plaintif......assed by the Subordinate Judge, 2nd Court, Dhaka reversing the decision of the Munsif 4th Court, Munshiganj passed on 31.12.79 in Money Suit No.1 of 1979 should not be set aside. 2. The suit being money suit No.1 of 1979 was filed by the opposite party Md. Sudek Ali Shaik @ Sadek Ali as plaintiff..Category: Civil Law | Date: | Hits: 76
Kudrat‑E‑Elahi Panir and others Vs. Bangladesh, 1991, 20 CLC (HCD)
...., if the context does not otherwise imply, mean "Local Government" as in clause (1) of Article 59 of the Constitution, became, the provisions of the Constitution must be read harmoniously and as a whole. Unless the context otherwise implies, the meaning of the terms occurring in one Article can......nterpretation of the Constitution, particularly, Articles 7(2), 8(2), 9 and 59 read with the first item of Article 152(1) thereof. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 179. ...... government body. However the impugned Ordinance is not inconsistent with those Articles. After a thorough analysis it was found that the Upazila system itself was source of drainage of government money in unproductive activities which negated the welfare of the people and the concept of Upazila..Category: Constitutional Law | Date: | Hits: 461
Sadharan Bima Corporation Vs. M V Birba and others, 1991, 20 CLC (HCD)
....cessary correction in clause (1) of rule 3 of Order XLIX of the Code of Civil Procedure by inserting clause (b) instead of clause (d). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 171.......cific prayer were made for a decree for damage done to the goods by the carrier. But in the present case there is no assessment of any damage or compensation and there is no prayer for decree for any amount as regards damage and compensation of goods damaged. In view of the above, I am of opinion th......me Court of Bengal to hear, examine, try and determine all causes, civil and maritime and "all pleas of contracts" and "all matters and contracts" which in any manner whatsoever relates to freight or money due for ships hired and let out, transport‑money, maritime usury, trespass, injuries, compla..Category: Admiralty Law or Maritime Law | Date: | Hits: 315
Md. Bande Ali Miah Vs. Chief Engineer, Housing and Settlement, 2011, 40 CLC (AD)
....leave to appeal, therefore, does not merit any consideration. In the circumstances this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 604.......leave to appeal, therefore, does not merit any consideration. In the circumstances this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 604.......mo No.L.A.29/72/46736 dated 23.07.1972 ordered that all arrears of acquired land should be paid by 31.08.1972; otherwise all acquisitions should be deemed to be cancelled. That since the compensation money of the suit land was not paid within 31.08.1972 the acquisition of the same land was cancelled..Category: Property Law | Date: | Hits: 65
Md. Moktad Hossen Majumdar Vs. Md. Golam Mostafa Majumdar, 2011, 40 CLC (AD)
..... This civil petition for leave to appeal has got no merit. In the circumstances this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 596. ....... This civil petition for leave to appeal has got no merit. In the circumstances this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 596. ......the defendant and the defendant contracted to sell the suit land to the plaintiff at a consideration of Tk. 25,000/- and according to that contract the defendant, on taking the entire consideration money, executed the kabala deed in respect of the suit land in favour of the plaintiff on 15.10.1998..Category: Property Law | Date: | Hits: 74
Mafizur Rahman Vs. Joynal Abedin and others, 1992, 21 CLC (HCD)
....ecords expeditiously. Let a copy of the judgment be sent to the learned Subordinate Judge at his present station for his guidance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 158. ......31 of 1988 (Comilla) Civil Revision No.6019 of 1991 (Dhaka) Judgment M Mahmudur Rahman J.-In this case a simple question was raised for decision as to whether a petition without stating the amount of the property to be recovered before the Village Court is maintainable. 2. The predecess......ecords expeditiously. Let a copy of the judgment be sent to the learned Subordinate Judge at his present station for his guidance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 158. ..Category: Property Law | Date: | Hits: 74
Government of Bangladesh Vs. Syndicate Limited, 1998, 17 CLC (HCD)
....e of the court. We find no merit in this revisional application. The Rule is, accordingly, discharged without any order as to coats. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 330....... but complete. Suddenly the bridge fell into the river the contractor had to incur an extra cost for the bridge and rejoining the same and submitted his bill claiming the extra cost and refund of the amount deducted on account of VAT. There was a over the contractor’s claim for payment of C cost a......rnment of Bangladesh Vs. Jalaluddin Ahmed 37 DLR (AD) 27. In this case the plaintiff respondent made a reference to the arbitrator, who made the award in favour of the defendant appeal for payment of money. The plaintiff-respondent instituted the suit on the ground, amongst others, that the award is..Category: Alternative Dispute Resolution | Date: | Hits: 147
Pubali Bank Ltd. Vs. Sultana Oil Mills and Soap Factory and others, 1998, 17 CLC (HCD)
....der as to costs. The judgment and decree passed by the trial Court is hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 323. ......fendants enjoyed the loan but they did not liquidate the same despite calls and reminders. Fresh charge documents were executed in the year 1965 and also in subsequent years. But the outstanding loan amount was not paid by the defendants. The plaintiff thereafter served a legal notice and ultimately......apital on pledge of its business goods and stock-in-trade along with other mortgaged properties and additional collateral securities, the realisation of loan depends upon the simple principle “take money return the pledged goods” or vice versa, that is, ‘return goods take money’. He submits ..Category: Business or Commercial Law | Date: | Hits: 196
Khorshed (Md.) alias Khorshed Vs. State, 1999, 18 CLC (HCD)
....ppeal is dismissed. The judgment, order of conviction and sentence appealed against are confirmed. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 317.......00. The informant immediately took his wife to Dhaka Medical College Hospital and also informed the sister of his wife about the occurrence. Further case of the prosecution is that a few days back an amount of Taka 2,200.00 was stolen by accused from the house of the informant and regarding that mat......a Khatun, sister of the victim Sufia used to reside. He further stated that after hearing the sound of altercation he went to the place of altercation and heard that altercation was over an amount of money which was stolen. He further stated that at one stage Khorshed gave threat by uttering followi..Category: Criminal Law | Date: | Hits: 54
....fect.
2. Both the Rules are taken up for analogous hearing and are disposed of by this common judgment.
3. The petitioner of the Writ Petition No.1714 of 98 was appointed as Nikah Registrar for whole of the Gulshan Paurashava on 6-3-73. Thereafter, he was appointed for the Ward Nos.72, 73 and ......nt deems it fit to do so. It has also approved the view of the High Court Division that the impugned area was for the benefit of the local people. It further observed that curtailment of area did not amount to revocation of licence as revocation of licence is contemplated under Rule 8. This observat......rd appreciation for the arguments advanced by Mr. Razzaque.
For the aforesaid discussion, the Rule is discharged but with no costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 313...
Category: Civil Law | Date: | Hits: 83
Salahuddin (Md.) & others Vs. State, 1997, 16 CLC (HCD)
.... 561A Cr.P.C. as the Code under section 265C provides for an alternative remedy. Accordingly, the application is summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 299.......cusations, inter alia, that the accused-petitioners in collusion with each other took loan of Taka 1,72,00,000.00 from him for the purpose to start a business of iron materials. He gave the aforesaid amount on five instalments. Later on the informant demanded the money lent to the accused persons an...... with each other took loan of Taka 1,72,00,000.00 from him for the purpose to start a business of iron materials. He gave the aforesaid amount on five instalments. Later on the informant demanded the money lent to the accused persons and the informant was told that repayment would be made through ba..Category: Criminal Law | Date: | Hits: 83
Chan Mia (Md.) Vs. Rupnahar, 1998, 17 CLC (HCD)
....d that the impugned judgment and decree suffer from any illegality or error of law. The application is therefore summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 292. ......ce of the witnesses and others and the dower was fixed at Taka 12,000.00 of which Taka 2,000.00 was deemed to have been adjust as against ornaments and other wedding apparel and half of the remaining amount would be prompt dower. It was further agreed that kabinnama would accordingly be written and ......d that the impugned judgment and decree suffer from any illegality or error of law. The application is therefore summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 292. ..Category: Family Law | Date: | Hits: 166
Shamsuddin Ahmed and others Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....lier granted by this Court and extended from time to time is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 675. ....... But by a perusal of the earlier order of the learned District Judge dated 12.10.92 it appears to us that the plaintiffs started execution case No.6 of 1992 for realisation of costs of the suit only amounting to Tk. 5379.50 and that in that execution case the prayer for stay of operation of the jud......and on the basis of the deposition of P.W.1, the learned Subordinate Judge decreed the suit ex parte and directed the defendant No.5 (receiver) to hand over possession of the suit land and to pay the money to the plaintiffs vide his judgment dated 28.7.92. 4. Being aggrieved by this ex parte judg..Category: Property Law | Date: | Hits: 68
Bangladesh and another Vs. Banarashi Lal Sharaf and others, 1993, 22 CLC (HCD)
....mp; others reported in 42 DLR (AD) 137 in holding that "section 26 of the UP Ordinance has put a clear bar to determination of an election dispute by any Court except the Election Tribunal. Secondly, whole scheme of the election law is such that no dispute as to election can be raised at any interme......ollector of Customs dismissed the said appeal. Thereupon respondent company preferred a revision before the Government without any result. Thereafter respondent company filed a suit to recover excess amount collected from them. The Subordinate Judge held that the Court had no jurisdiction to enterta......iff's Title Suit No.18/57 is dismissed. In the facts and circumstances of the case parties shall bear their respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669...Category: Fiscal/Taxation Law | Date: | Hits: 125
Rafiqul Islam @ Rafiq and others Vs. State, 1999, 18 CLC (HCD)
....d down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 488.......d down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 488.......se of the prosecution is that dacoits caught hold of him and asked him to make over cash and ornaments, when his wife opened the almirah and some of the dacoits then took away gold ornaments and cash money from the almirah of his wife and also from the custody of his brother’s wife. The dacoits we..Category: Criminal Law | Date: | Hits: 70
Shaikh Jahangir Hossain Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....udgment be forwarded, to the learned Judge wherever he is posted now, for his future guidance. Send down the lower Court records at once. Ed. This Case is also Reported in: 55 DLR (2003) 405. ......udgment be forwarded, to the learned Judge wherever he is posted now, for his future guidance. Send down the lower Court records at once. Ed. This Case is also Reported in: 55 DLR (2003) 405. ......2 to the defendants demanding justice (Exhibits 7, 8, 9) but they did not reply. This witness as the plaintiff prays for a decree for execution of the deed in his favour on receipt of the rest of the money according to the agreement and for delivery of possession. In his cross-examination he denied ..Category: Civil Law | Date: | Hits: 82
....all file the concise statement to make the appeal ready for expeditious hearing.
The appeal is fixed for hearing on 23rd August, 2011.
Ed.
This Case is also Reported in: VIII ADC (2011) 567.
......eficiaries of a portion of the profit from the workers participatory fund under section 234 (1) (kha) of the Labour Act, 2006 which provides that within 9(nine) months of completion of a year a sum amounting to 5% of the net profit of a company shall be credited to the workers participatory fund a......all file the concise statement to make the appeal ready for expeditious hearing.
The appeal is fixed for hearing on 23rd August, 2011.
Ed.
This Case is also Reported in: VIII ADC (2011) 567.
..
Category: Company Law | Date: | Hits: 366
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