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Chairman, Rural Electrification Board Vs. Md. Awlad Hossain and Others, 2010, 39 CLC (AD)
....e petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 73, 31 BLD (AD) (2011) 73, 16 BLC (AD) (2000) 111 & 8 LG (AD) (2011) 85. ......ia held that from constitutional point of view both removal or dismissal from service stand on the same footing and both bring about a termination of service but every termination of service does not amount to removal or dismissal. Both the words are penalties awarded on the ground that the conduct ......e petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 73, 31 BLD (AD) (2011) 73, 16 BLC (AD) (2000) 111 & 8 LG (AD) (2011) 85. ..Category: Employment/Service Law | Date: | Hits: 175
Feroja Khatoon Vs. Brajalal Nath & others, 1989, 18 CLC (HCD)
....e suit stands decreed. Since there is no appearance on the side of the opposite party No. 1, question of awarding costs does not arise. Ed. This Case is also Reported in: 43 DLR (1991) 160. ......ister the kabala on receipt of Tk. 300/‑ from the plaintiff and after procuring necessary certificates for the purpose. Subsequently the plaintiff demanded for the kabala upon tendering the balance amount of Tk. 300/‑, but those defendants on 15th Baisakh, 1381 BS corresponding to 29.4.74 refuse......o. 1. 7. On the appeal taken by the defendant No. 1 the Appellate Court below has reversed the decree and dismissed the suit holding that the plaintiff could not prove the payment of consideration money in part as per alleged contract and the same was bad for defect of party, inasmuch as the wife..Category: Property Law | Date: | Hits: 64
Rana Awan (Mrs.) Vs. Bangladesh, 1990, 19 CLC (HCD)
....ed authority on 14.11.83 as contained in Annexure‑H to the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ......ed authority on 14.11.83 as contained in Annexure‑H to the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ......n which the purchasers had made it clear that Mrs. Rana Awan (the petitioner) is the shareholder to the extent of -/12/‑ annas inasmuch as she has invested Rs. 18,750 out of the total consideration money Rs. 25,000/00. This deed also shows that the petitioner was to invest to the extent of her ‑..Category: Property Law | Date: | Hits: 78
Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)
....do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ......lightly dealt with because it is a serious matter which indirectly casts a doubt on the integrity or competency of the learned Judge from whom the matter is transferred. In transferring a case the paramount consideration of the Court would be to meet the ends of justice. The burden verily lies upon ......ant No.2 -respondent No.2 and the plaintiff-petitioner for selling of 1.50 lac cubit feet of timber worth Tk.3,00,00,000/- and in lieu thereof "the defendants had received Tk. 20,00,000/- as security money from the plaintiff-petitioner. Subsequently, the plaintiff-petitioner allegedly spent at least..Category: Civil Law | Date: | Hits: 113
Sohel @ Sanaullah @ Sohel Sanaullah Vs. State, 2011, 40 CLC (AD)
....ed judgment and order of the High Court Division. In the result, the appeal be dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 105, VIII ADC (2011) 705, 9 LG (AD) (2012) 36. ......201/34 of the Penal Code and sentenced this present appellant to death and sentenced the other appellant Hannan and absconding co-accused Hanif and Mannan to suffer imprisonment for life with varying amount of fine, in default, to suffer rigorous imprisonment for a further period of 6(six) months. T......ed judgment and order of the High Court Division. In the result, the appeal be dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 105, VIII ADC (2011) 705, 9 LG (AD) (2012) 36. ..Category: Criminal Law | Date: | Hits: 84
Kazi Motiur Rahman and others Vs. Din Islam, 1990, 19 CLC (HCD)
....ected to pay the fine within 6 months from arrival of the records to the Lower Court. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 128. ......the learned Magistrate committed an illegality in taking cognizance of the offence inasmuch as valuation of the property of theft was not more than 5,000/‑ and the complainant has given an enhanced amount of loss showing of Tk. 6,000/‑ in petition of complaint. 7. In the petition of complaint......ected to pay the fine within 6 months from arrival of the records to the Lower Court. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 128. ..Category: Criminal Law | Date: | Hits: 73
Repco Laboratories Ltd. Vs. Nuruddin Ahmed and others, 1989, 18 CLC (HCD)
....ocedure there is no scope for me for interference with his order. Accordingly, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 123. ......he question of convenience and inconvenience of the parties. He has also submitted that the undertaking given on behalf of the plaintiffs to the learned Subordinate Judge not to make any construction amounts to an injunction and as such the finding of the learned Subordinate Judge that the order for......e facts of the present case. 17. In PLD 1972 Karachi 174 the appellant Kaysons was a pledger and the respondent was a Bank with whom it had pledged its goods. The Bank filed a suit for recovery of money. The appellant filed an application for obtaining a general order of the Court that the goods ..Category: Procedural Law | Date: | Hits: 84
Durgarani Sarkar Vs. United Bank of India Ltd. and others, 1989, 18 CLC (HCD)
.... Appeal No. 20 of 1977. 6. The learned Subordinate Judge by the impugned judgment and decree dismissed the plaintiff's appeal and allowed the defendant's appeal and thereby dismissed the suit as a whole holding, inter alia, that the plaintiff could not prove the alleged contract for sale of the d...... at the Bank's rate althrough till repayment of the same. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 121. ......sum of Tk. 50/‑ vide Ext. 2(A) as baina. The defendant Bank through their said agent Khitish Rushan promised to execute the kabala in favour of the plaintiff on receipt of the balance consideration money and after obtaining approval of the Head Office of the Bank from Calcutta. In spite of plainti..Category: Property Law | Date: | Hits: 70
Wahida Rashid (Most) and another Vs. Miron Muhammad Zahidul Hoque, 1990, 19 CLC (HCD)
....not call for any interference by this Court at this revisional stage. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 115.......bmits that the learned Courts below committed an error of law in their decision in decreeing the suit with the finding that the defendants are habitual defaulters without considering the fact that an amount of Tk. 6000/‑ admittedly taken by the plaintiff from the defendants has remained outstandin...... name of the plaintiff. Thereafter they created building thereon and let out the suit premises at a rental of Tk. 75/‑ per month to the defendants who undertook to deposit Tk. 7,500/‑ as security money. They deposited Tk. 6,000/‑ out of Tk. 7,500/‑ as security and wanted to deposit rest Tk. ..Category: Property Law | Date: | Hits: 66
Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)
....ence adduced by the state did not attract the mischief of the Arms Act and that the alleged occurrence could not have been taken cognizance of by the Special Tribunal. Therefore, it was observed, the whole trial and the order of conviction and sentence passed by the Special Tribunal were without jur......terest pendentelite. The suit was eventually decreed. Thereafter, the decree-holder put the decree into execution in Artha Rin Jari Case No.153 of 2007. As judgment-debtor did not pay the decreetal amount the decree-holder as per order of the Court published tender notice in a national daily news ......to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 93, 31 BLD (AD) (2011) 78, 8 LG (AD) (2011) 145, 16 MLR (AD)(2011) 205. ..Category: Civil Law | Date: | Hits: 113
Hasina Mawla Vs. Bangladesh Parjatan Corporation and another, 1992, 21 CLC (HCD)
....t "Acquiescence operates by way of estoppel". It is acquiescence in such circumstances that assent may reasonably be inferred, and is an instance of estoppel by words or conduct. Consequently, if the whole circumstances are proper raising this estoppel, the party acquiescing cannot afterwards compla......er on 6.9.88 retiring the petitioner with effect from 1.9.88 upon completion of 25 years service before the age of superannuation. Meanwhile, the respondents on their own paid her the gratuity, which amount the petitioner was to receive under compelling circumstances to defray her medical expenses. ......s is a contractual one subject to rules and regulations and that the impugned order was passed on the verbal request of the petitioner who willingly acquiesced in the retirement and accepted gratuity money to which she was entitled and as such the petitioner has waived her right, if any, to the peri..Category: Employment/Service Law | Date: | Hits: 88
Shafiuddin Khan (Md) Vs. State and another, 1993, 22 CLC (HCD)
....against the accused petitioner under section 420 BPC after amending the charge in the light of the observation made in the judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 102. ......he sum of Tk. 47,500.00 from the complainant from his shop at Agla Bazar in presence of witnesses after executing a document in his favour on a non‑judicial stamp of Tk. 3.00 promising to repay the amount as soon as it is demanded. In spite of repeated demands and requests. accused did not refund ......executing a document in his favour on a non‑judicial stamp of Tk. 3.00 promising to repay the amount as soon as it is demanded. In spite of repeated demands and requests. accused did not refund the money to the complainant and over the matter there were several salish. But the accused delayed the ..Category: Criminal Law | Date: | Hits: 132
....ition, leaving nothing for us to interfere in mandamus.
We find no substances in this application which is thus summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 95.
......Bombay, 1989 (3) SCC 293; (AIR 1989 SC 1642) and GB Mahajan Vs. Jalgaon Municipal Council, 1991 (3) SCC 91: (AIR 1991 SC 1153) and in a score of other authorities. Acceptance of a tender for a higher amount ipso facto, does not make acceptance illegal. Rule 8 of the Rules permits such a course, if t...... the said Mills (Respondent No.4).
3. The petitioner on the basis of the terms and condition of the said tender notice participated in the above tender and he deposited Taka 1,00,000.00 as earnest money and the authority accepted the same. The petitioner wrote a letter to the Managing Director of..
Category: Others | Date: | Hits: 128
Nazir Ahmed and others Vs. Md. Hazee Kalu, 1989, 18 CLC (HCD)
.... other point in support of the appeal. There is no substance in this appeal. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 75. ...... other point in support of the appeal. There is no substance in this appeal. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 75. ......hich he had house and fruits bearing trees. Their case was that Ejahar Mia did not sell the suit land to the plaintiff and the plaintiff never got possession of the same. Ejahar Mia took loan of some money from the plaintiff and executed some handnotes as security for the loan. They further alleged ..Category: Property Law | Date: | Hits: 66
Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)
.... It was held by the Court that if a party takes up the proceeding before the arbitration on the assumption that the proceedings were before a competent tribunal he cannot be allowed to argue that the whole proceedings were coram non judice. On facts of the instant case we are to apply the principle ......published by Ameer Ali, J., umpire, was invalid as there was no submission to arbitration agreement the umpire had no jurisdiction to make the award. In that case dispute arose with regard to certain amount paid to the company, Bengal Silk Mills Ltd. from time to time to help its financial difficult......artnership firm of which Golam Hossain Ariff and his son through first wife were partners. And on the death of Golam Hossain Ariff his son Ismail and Aisha filed Suit No.22161 of 1989 for recovery of money from Bengal Silk Mills Ltd. The Bengal Silk Mills Co. Ltd. thereafter filed another suit being..Category: Alternative Dispute Resolution | Date: | Hits: 174
Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
....ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ...... that the possession of a trespasser must be effective, undisturbed and to the knowledge of the owner or without any attempt at concealment. For instance a stray a carsual act of possession would not amount to settled or magic in the word settle possession nor is it a ritualistic formula which can b......ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ..Category: Criminal Law | Date: | Hits: 86
SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ill proceed in accordance with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.-I agree. This Case is also Reported in: ......al Branch, Dhaka as plaintiff instituted Artha Rin Suit No.33 of 2003 before the Artha Rin Adalat No.3, Dhaka against the defaulting borrower M/S Florida International and others for recovery of loan amounting to Taka 1, 80, 92,680.24 (one crore eighty lac ninety two thousand six hundred eighty and ...... Ali Mostafa Khan with Ms.Nahid Sultana, Advocates-For the Respondent. Writ Petition No. 3002 of 2010. Judgment Md. Ruhul Quddus J. - This Rule, at the instance of a judgment debtor in a money decree, was issued calling in question order dated 5.4.2010 passed by Artha Rin Adalat No.3, D..Category: Procedural Law | Date: | Hits: 80
Mohammad Shahabuddin Vs. Government of the People’s Republic of Bangladesh, 2011, 40 CLC (HCD)
.... Let a Copy of this judgment be sent to the concerned authority at once for information and necessary action. Md. Akram Hossain Chowdhury J. - I agree. Ed. This Case is also Reported in: ......er schedule Annexure-A to the petition where the petitioner along with other contractors participated therein. Thereafter, the petitioner’s bid was accepted as a lowest responsive bidder with a bid amount to the tune of Tk. 1, 26, 54,069.60 (Taka one Crore Twenty Six Lac Fifty Four Thousand Nine a...... after 3(three) years respondent No.3 issued the impugned letter cancelling the tender proceeding on the ground of limitation Annexure-C to the petition asking the petitioner to take back the earnest money at his convenient time. Thereafter, the petitioner filed an application to review the impugned..Category: Others | Date: | Hits: 133
Zahangir Sheikh and another Vs. State, 2011, 40 CLC (HCD)
....Session Case No.41 of 1995 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J. - I agree. This Case is also Reported in: ......Session Case No.41 of 1995 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J. - I agree. This Case is also Reported in: ......rence, the neighbours rushed into her house, when she disclosed the occurrence to them, but did not disclose the names of the robbers. In cross-examination she stated that earlier she did not see the money, which was taken away by the robbers. P.W.3 stated in cross examination that he accompanied hi..Category: Criminal Law | Date: | Hits: 58
Commissioner of Taxes Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, Shampur, 1991, 20 CLC (HCD)
....n 66A(2) of the Income Tax Act, 1922 for preferring an appeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ......an employee as bonus or commission for services rendered, where such sum would not have been payable to him as profits or dividend if it had not been paid as bonus or commission: Provided that the amount of the bonus or commission is of a reasonable amount with reference to- (a) the pay of the......n 66A(2) of the Income Tax Act, 1922 for preferring an appeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ..Category: Fiscal/Taxation Law | Date: | Hits: 171
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