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Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
....8209;up shares of Tk. 10.00 each, the holders of which are all Bangladeshi nationals and out of which shares some financial institutions in Bangladesh held in trust 1,23,174 shares under buy-back agreement. The Company had its own factory in Tongi Industrial Area. It owned the industrial enterp...... Vs. Dhaka Steel Works Ltd & others ………...................Respondents [In both the appeals] Judgment November 12th, 1992. Cases Referred to- Palani Goundan Vs. Peria Goundan AIR 1941 (Mad) 158; The State of Madhya Pradesh & o......ed without any order as to costs, subject to the modification of the direction given by the High Court Division as above. Ed. This case is also reported in: 45 DLR (AD) (1993) 69 ..Category: Property Law | Date: | Hits: 65
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
....d such a right ... if a spouse provides, with the assent of the spouse who owns the house, improvements of a capital or non‑recurring nature. I do not think that it is necessary to prove an agreement before that spouse can acquire any right". 14. Lord Morris viewed ......aziruddin ....................Appellant vs. Mrs. Hameeda Banu..................Respondent Judgment February 3rd, 1992 Cases Referred to- Hafiz Manzoor Vs. Md. Abdul AIR 1933 All. 942; Mathuri Vs. Bhola Nath AIR 1934 All......he suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 ..Category: Property Law | Date: | Hits: 80
Giasuddin Bhuiyan (Md) Vs. Chairman, Bangladesh Power Development Board & others, 1993, 22 CLC (AD)
....5, the PDB alleged that the appellant had illegally got electric connection to his mill on and from 5.5.85 after the transformer was installed in April'85 and started the mill before entering into agreement with and obtaining necessary permission from the PDB on completion of valid papers. The P......d writ petition which could not have been more lousy, the appellant prayed for a direction upon the respondents, namely, the officials of the Bangladesh Power Development Board, briefly PDB, for restoration of the transformer to its original position upon declaring that the removal of the same (t...... bills due from him. There is thus no substance in this appeal which is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 29 ..Category: Criminal Law | Date: | Hits: 71
Islam Ali Mia alias Md. Islam Vs. Amal Chandra Mondal and another, 1993, 22 CLC (AD)
....the alleged balance without proper accounting. The learned Judges, however, refused to quash the proceeding taking the view that denial of the transaction and violation of the terms of the implied agreement between the parties for payment of the dues might constitute offences which could better ......sp; Shahabuddin Ahmed CJ.- This appeal by leave calls in question an order of the High Court Division dated 30 October 1991 summarily dismissing the accused-appellant's application under section 561A Cr.P.C. for ......ay the balance does not constitute any criminal offence. The question of offence of cheating does not' arise as there is nothing to show that the accused had dishonestly induced the complainant to sell the fish t to him on credit. As to the allegation of breach of trust, there is nothing to show..Category: Criminal Law | Date: | Hits: 43
Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)
.... prayed for, under Article 103 (2) (a) of the Constitution is granted” 2. In his application the appellant prayed before the High Court Division for a declaration that the recent agreement between the Governments of the People's Republic of Bangladesh and the Republic of India ...... AIR 1962 SC 1044; Maganbhai Iswarbhai Patel Vs Union of India, AlE 1969 SC, 789 , Anderson V. Commonwealth, 47 CLR 50; Mia Fazal Din Vs. Lahore Improvement Trust, 21 DLR (SC) 225 ; Blackburn Vs Attorney-General, (1971) I WLR 1037; Walker Vs. Baird, 1892) AC 491 PC; Johnstone Vs. Pedler, (1921) ......he same race or occupation. It is the fact, clearly established, of injury to the complainant—not to others—which justifies judicial intervention." ..Category: Constitutional Law | Date: | Hits: 716
Halcyon Steamship Co., Inc., USA Vs. Govt. of Bangladesh, 1974, 3 CLC (AD)
....ndants, by joint petitions prayed for its adjournment with a view to enabling them to file an application under section 34 of the Act and for that purpose to file the charter party agreement which, they averred, they had not then with them. On the 5th occasion, however, the two d......yon Steamship Co., Inc., USA, represented by Hegee & Co. (Pak.) Ltd… Appellant Vs. Province of East Pakistan now Govt. of Bangladesh, represented by Collector of Chittagong ……………….. Respondent J......er examine the question of the validity of the preliminary objection. For the reasons given earlier we find no merit in this appeal, which is dismissed with costs. Ed. ..Category: Civil Law | Date: | Hits: 110
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....ry's Laws of England, 3rd Edition, Volume I, paragraph 1023 page 528). When this common law doctrine became unworkable, the UK Parliament enacted the British Nationality Act, 1948 following a general agreement between the UK Government and Commonwealth countries including India and Pakistan. Thereaf......ngladesh .................................Appellant Vs. Professor Golam Azam and others…………………Respondents Judgment June 22, 1994. Lawyers Involved: Aminul Huq, Attorney‑General, (AF Hasan Ariff, Deputy Attorney-General, and B Hossain, Deputy Attorney - General...... in 1964, that they went to India after the disturbances in 1964, that before their departure they had told him that they would come back to Pakistan after the restoration of peace, that they did not sell any of their properties before their departure for India, that they returned home from India wi..Category: Immigration and Citizenship Law | Date: | Hits: 522
Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)
....granted to consider the appellant's submission that the ingredients of the offence alleged have not been proved in this case as the demand was not alleged to have been made either on the basis of any agreement, or as a consideration for, the marriage. It was contended that this case involves a quest......TM Afzal J Mustafa Kamal J Latifur Rahman J. Abul Basher Howlader................Appellant Vs. The State and another ......Respondent Judgment June 28th, 1994. Cases Referred to- Lajpat Rai Seligal Vs. State, 1983 Criminal Law Journal, 883; Mihir Lal Saha Poddar Vs. Zhunu...... The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ..Category: Criminal Law | Date: | Hits: 69
Secretary, Min of Ind., Nationalised Industries Division Vs. Saleh Ahmed & anr, 1994, 23 CLC (AD)
....vernment is estopped from denying unilaterally that no such arrangements have taken place and by the rule of estoppel the Government is precluded from taking such step. Having taken the decision on agreement that the specialised textile mills will be returned to their former Bengalee owners, it i...... Corporation……………..Appellant VS. Saleh Ahmed & ors ..................Respondents Judgment March 9Lh, 1979. Case Referred to- Central London Property Trust Ltd. vs. High Trees House Ltd. (1947) 1 KI3 130; Islamic R......t;to do that which is required by law to do." 12. In the result, therefore, both the petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 148 ..Category: Constitutional Law | Date: | Hits: 157
Suchitra Kumar Das Vs. Sree Indu Bhushan Sarker, 1994, 23 CLC (AD)
....e Court of Pakistan. No reason is available as to why the word 'contract' should not include an oral contract. For deciding this question, we may refer to the Contract Act. In the Contract Act any agreement which is enforceable by law is a contract. The Act nowhere says that an oral agreement is...... Suchitra Kumar Das .............................Appellant Vs. Sree Indu Bhushan Sarker...................Respondent Judgment January 12th, 1981. Case Referred to- Zamiruddin Vs. Havas Khan 21 DLR (SC) 39; Muhammad Nurul Islam alias Nurul Vs. Anath Ram......ondent’s case based on an oral contract of monthly tenancy. The appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 144 ..Category: Property Law | Date: | Hits: 70
Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)
.... and the balance amount to be paid within 6 months from the date. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 133 .............Appellants Vs. Chittagong Urban Co-operative Bank Ltd ..................Respondent Judgment March 10th, 1980. Cases Referred to- Mst. Siraj Fatima Vs. Mahmood Ali AIR 1932 (All) 293; Iftekhar Hussain Vs. Beant S......quot; In paragraph 6 it is stated that: "The defendant No. 1 being fully aware of the defective sale and purchase is trying to sell the property to Surabala Dutta, wife of Suresh Ch. Dutta who was a tenant of the premises in ..Category: Property Law | Date: | Hits: 130
Abul Kalam Azad and another Vs. Sunhar Ali and others, 1994, 23 CLC (AD)
.... brief, as will be relevant for disposal of these appeals, plaintiffs filed the suit for eviction of the defendants from the suit premises on the ground of default and sub-letting in violation of the agreement of tenancy. The defendants were monthly tenants by sufferance at a rental of Taka 200.00 p...... and another ……………Appellants [in both the Appeals] Vs Sunhar Ali and others ..................... Respondents [in both the Appeals] Judgment August 5th, 1993. Cases Referred to- 26 DLR 205; 9 DLR 217; Golam Hafiz Mia Vs, Khadem Ali Miah, 29 DLR (SC) 311; 41 DLR 190; Nars......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
Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)
....owers under such instruments nor altogether ousts the jurisdiction of the court. 14. In the case of Khandaker Ehteshamuddin Ahmed Ca) Iqbal reported in 33 DLR (AD) 154 this court expressed agreement with the view taken by the Supreme Court of Pakistan in the case of State Vs. Zia-urR......minal Appeal No. 15 of 1991] Md. Idris Patwary.....................Accused-Appellant [Criminal Appeal No. 4 of 1992] Kazi Shaziruddin Ahmed ................Petitioner (In Custody) [Civil Petition No. 119 of 1991] Vs. Bangladesh, represented by the Sec......thout any order as to cost (in CA No. 51/89). The petition for leave to appeal No. 119/91 is also dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 01 ..Category: Constitutional Law | Date: | Hits: 174
Abdul Aziz Vs. Abdul Majid, 1994, 23 CLC (AD)
.... was inducted as a periodical lessee in the suit premises for a period of 11 months beginning from 1st day of December, 1983 to October, 1984 at a monthly rental of Taka 800.00 per month by a written agreement on 1.12.83. According to the plaintiff, there was an option of renewal of the tenancy with......nant can be evicted on the expiry of the period of lease without a notice under section 106 of the T.P. Act. Per Latifur Rahman J: The provisions of the Rent Control Ordinance are in addition to this section of notice under Section 106 of the Transfer of Property Act. There is nothing in the......he basic reason why a notice under section 106 of the Transfer of Property Act is mandatory in a case of eviction under the Ordinance. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 121. ..Category: Tenancy Law | Date: | Hits: 87
AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)
.... is dismissed. ATM Afzal J.- I have had the benefit of reading the judgment prepared by my learned brothers. The benefit, however, does not prove to be very beneficial, for, I have to express my agreement with one of the other judgments which is quite an exercise, I have found in the ultimate a......Ways and Others …Respondent (In Civil Petition No. 346 of 1992) Judgment July 26, 1993. Result: The two appeals, CA Nos. 24 and 82 of 1992 are allowed. The Civil Petition for leave to appeal No.346 of 1992 is dismissed. The Administrative Tribunal Act, 1981 (VII of 1981) Wh......he Act itself it is to be strictly followed. With the above observations. I agree with the ultimate order of my learned brother. Ed. This case is also reported in: 46 DLR (AD) (1994) 113. ..Category: Administrative Law | Date: | Hits: 129
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....949) (2) All England Reports 62, a Divisional Court, presided over by Lord Goddard, CJ, held that an Arbitrator got no power to allow interest on his award for damage unless it was provided by any agreement or a mercantile custom. The decision in the Podar's case was overruled in Chandris' case ......desh Agricultural Development Corporation (BADC), represented by its Secretary ....... Appellant (In both the appeals) Vs. Kibria and Associates Ltd. represented by its Managing Director Syed Golam Kibria ............... Respondent (In both the appeals) Judgment Febr......swer was in the negative. The dispute that led to the arbitration proceeding in that case (17 DLR SC) arose from failure of the buyer of cotton to take delivery of the cotton though tendered by the seller in due time in terms of an agreement. Payment of interest on the price of goods supplied was..Category: Business or Commercial Law | Date: | Hits: 98
Khondaker Mahtabuddin Ahmed, MD Vs. Matin Tea and Trading Company , 1994, 23 CLC (AD)
.... 3. Petitioner in his petition for returning the plaint for presentation to the proper Court, inter alia, alleged that the Court at Moulvibazar has no jurisdiction to entertain the suit because the agreement (dated 10.3.9 1) referred to in the plaint was executed by the parties at Dhaka, 2) none o......rt 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 .................. .....R......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
Bangladesh Vs. Subash Chandra Das & ors, 1993, 22 CLC (AD)
.... their own fault no compensation could be paid in time. 8. Mr. Fazlul Karim, the learned Counsel for respondents Nos. 1 to 3, however, urged that under section 15 of the Ordinance there must be an agreement and deposit of compensation money with the acquiring authority before any notice for acqui......istry of Land Administration and Land Reforms and ors; ......Respondents (In Civil Petition No. 58 of 1993) Judgment November 15, 1993. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney-General, (B Hossain, Deputy Attorney‑General, with him) instructed by Mvi. Md. Wahidullah......f abatement will follow only when the Government fails to "pay" or "deposit" compensation in terms of section 10. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 63. ..Category: Property Law | Date: | Hits: 64
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....principles governing interest of this nature, as elaborated above, are that the principal sum is definite, payable at a definite time and the payment is provided by any written instrument, such as an agreement or by any law or by any usage of trade having the force of law……………………..(1......ction 61 (2) The Contract Act, 1872 (IX of 1872), section 73 The order for payment of Taka 33 lac is covered both by the general principles governing payment of interest for the period prior to institution of the suit and by specific laws providing for compensation for non‑payment of pric......s company dealing in import and sale of such cars from Japan. After prolonged negotiations between the plaintiff and the defendant it was finally agreed that the plaintiff would import 100 cars and sell them to the defendant at the rate of Taka 2.30 lacs each and that the price of the cars would b..Category: Business or Commercial Law | Date: | Hits: 128
Bangladesh Shilpa Rin Sangstha Vs. Haque Brothers (Carbide) Ltd., 1994, 23 CLC (AD)
.... vide prayer (c) of the plaint. It is submitted that. in directing payment of any sum, all Courts have to abide by the specific provisions of Article 28 of President's Order No. 128 of 1972 and the agreement between the parties and cannot in their discretion arbitrarily arrive at a rate of conver......st the respondents in the Court of the District Judge, Dhaka, being Miscellaneous Case No. 140 of 1977 for sale of the schedule properties for realisation of the petitioner's dues, fallen due owing to default in payment of two foreign exchange loans from erstwhile PICIC, amounting to Taka 29,72, ......find that our judgment does not need a review. The review petitions are accordingly dismissed. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 39 ..Category: Banking Law | Date: | Hits: 125
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