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Continental Corporation (Pvt.) Ltd. Vs. Al-Haj Md. Ismail, 1996, 25 CLC (AD)
....ppellant has been running its business as a monthly tenant since 1965 in Room No. 10 of the suit-building under successive owners thereof, the original owner being M/s Issa Brothers. The last tenancy agreement was dated 2.2.1984 entered into between the appellant and the then owner Hassan Faruque an......……………….. Defendant-Appellant Vs. Al-Haj Md. Ismail…………………………………………………………… Respondent Judgment January 18, 1996. Cases Referred to- Meherunnessa vs. A Latif 38 DLR (AD) 196; Residence Limited vs. Surendra Mohan Banerjee, Calc......, therefore, the appeal is allowed without any order as to cost and the impugned judgment and order are set aside. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 141, 48 DLR (AD) (1996) 90 ..Category: Tenancy Law | Date: | Hits: 82
Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)
....bars who sealed the dispute on condition that the plaintiff would give 90 decimals of land and Taka 5,000,00 in cash to defendant No.1 for causing bodily injuries to her person. In pursuance of the agreement, the plaintiff executed the two kabalas in favour of defendant No.1 and paid Taka 5,000.0...... Revision No. 201, 1984 making the Rule absolute thereby setting the judgment and decree dated 22-4-84 of the Additional District Judge, 2nd Court, Comilla passed in Title Appeal No 59 of 1980, restoring those dated 30.1.80 of the Subordinate Judge, 2nd Court, Comilla dismissing Title Suit No 25......easonings therefor. For the reasons stated above, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 64 ..Category: Property Law | Date: | Hits: 72
Moinuddin (Md) Vs. Bangladesh, 1996, 25 CLC (AD)
.... No. 1 and two others as defendants for a declaration that the disputed property was not an abandoned property and that he has right, title and interest thereon on the basis of a registered deed of agreement and general power of attorney and for recovery of possession was dismissed on contest. Th......gment November 26th, 1995 Lawyers Involved: TH Khan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate Record—For the Petitioner. AW Bhuiyan, Additional Attorney General instructed by Mvi. Md. Wahidullah, Record—For the Respondent No. 1. Not......he petitioner. Thus the impugned judgment and order warrant no interference. The petition is ,therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 56 ..Category: Property Law | Date: | Hits: 58
Hutchison Telecom Bangladesh Ltd. Vs. BD Telegraph & Telephone Board & ors, 1996, 25 CLC (AD)
.....5.95 from which the petitioner now seeks leave to appeal. 2. The short facts of the case are, that respondent No. 1, Bangladesh Telegraph and Telephone Board, shortly BTTB, entered into an agreement on 26.7.89 with a private limited company named Bangladesh Telecom (Pvt) Ltd, shortly BTL......etitioner. TH Khan, Senior Advocate (AM Nooruddin Ahmed, Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record — For the Respondents. Civil Petition for Leave to Appeal No. 300 of 1995 (From the Judgment and Order dated 8.5.95 passed by the High Court......mit any illegality in discharging the Rule Nisi. 12. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 30 ..Category: Information Technology Law | Date: | Hits: 251
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
....have been heard together and will be disposed of by this common judgment. 2. Bangladesh Telecom (Pvt) Ltd, shortly BTL, the writ petitioner and a private limited company, ‘entered into a written agreement on 26.7.89 (Annexure-A to the writ petition) with Bangladesh Telegraph and Telephone Board......………Respondents (In Civil Appeal No. 3 of 1993) Judgment April 19, 1993. Result: Civil Appeal No. 73 of 1992 is allowed. Civil Appeal No. 3 of 1993 is dismissed. Cases Referred to- Mohinder Singh vs. Chief Election Commissioner, AIR 1978 (SC) 851; Joseph Vilangandan vs. Exe......azar cell site BTL applied for inter-connection called Public Switch Tel. Network, shortly PSTN. BTTB issued a demand note for nearly Taka 41 lakh which BTL duly deposited in March, 1991. BTL started selling the cellular telephone sets to customers but for failure of BTTB to provide the PSTN the cus..Category: Information Technology Law | Date: | Hits: 242
Abdul Wadud Vs. State, 1995, 24 CLC (AD)
.... the passing of the new Act, that the aggrieved party would be entitled to succeed in giving a successful challenge to the retrospective effect of the new Act…………” 5. I am in respectful agreement with the afore-quoted summing up of the law on the subject. 6. The new Act was not giv......….Appellant Vs. State ………………………………………………………..Respondent Judgment August 22, 1995. Result: The appeal is dismissed. Cases Referrd to- Babul and others vs. The State, 15 BLD (1995) (HCD) 88, Md. Aslam vs. State 19 DLR (SC) 242.......ded by Act No. XLII of 1992 will be applicable to the pending cases. In the result, the appeal is dismissed. Ed. This Case is also Reported in: (1995) 3 BLT (AD) 236, 48 DLR (AD) (1996) 6...Category: Criminal Law | Date: | Hits: 75
Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)
....mensality, own property as tenants-in-common, carry on business jointly and make fresh acquisitions, their rights and those of their heirs can be determined with reference to express or implied agreement, relation of principle and agent, partnership, constructive trust or the like. In suppor......p; Vs. Jasimuddin Sarkar and others............Respondents Judgement August 21, 1970. Cases Referred to- Hames and another vs. Hickson AIR 1946 PC 156: Kumbhan Lakshmana and ors. vs. Tangirala......The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ..Category: Property Law | Date: | Hits: 51
Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
....ide required the premises for his own use and occupation. 3. The suit was contested by the defendant Nos. 1 and 2 by filing two separate written statements. The defendant No.l challenged the agreement dated 7th February, 1954 as forged and fabricated. She stated that the premises in questi...... TH Khan J Dr. Rati Ranjan Choudhury..............Appellant Vs. Parul Bala Marwari and another......Respondents Judgment June 18th, 1970. Cases Referred to: Nuruddin Mia and another vs. Mvi. Abdul Muzaher 2 DLR 344; Ahmed Shah Khan vs. Abdul Bar...... meet with disappointment. The result, therefore, is that the appeal is dismissed without any order as to costs, the judgment and order under appeal is hereby confirmed. Ed. ..Category: Property Law | Date: | Hits: 71
Premhari Barman and others Vs. Commissioner of Taxation, East Pak. Dacca, 1972, 1 CLC (HCD)
....e was no contemporaneous registered document to that effect. Article 325 of Mulla's Hindu Law, 11th Edition at page 425 runs as follows: "(2) Partition by agreement— A partition may also be effect by an agreement between the parties." ......sp; Vs. Commissioner of Taxation, East Pak. Dacca (now Director of Taxation, E. Pak. Dacca) ..........Respondents Judgment August 5th, 1970. ......ingly, our answer to the second question is in the affirmative. 12. In view of the facts and circumstances of the present case, we direct the parties to bear their own costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 98
Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)
.... parties, the nature of the suit is such that it cannot properly be decided without oral evidence on the most important questions involved in the case. The suit is a partition suit and there is no agreement between the parties as to the genealogy. The crux of the dispute between the parties rela......decessor of the plaintiff and the defendants was the sole owner in possession of the homestead property described in schedule 1 and also the 3 plots of the cultivable lands described in schedule 2 to the plaintiff for a long time. Syed Md. Idris Ali was a renowned 'Peer' and towards the north of......he observations made in the judgment. The cost of this appeal will abide by the result. In view of the above order, the cross-objection has lost its importance and is, therefore, rejected. Ed. ..Category: Property Law | Date: | Hits: 59
SK Shamsul Huda Vs. EPWAPDA, 1972, 1 CLC (HCD)
....rials "for fitting and fixing as per direction". The plaintiff by his letter dated 25.4.61 Exhibit C(I) protested against this unilateral change of the rate and contended that the tender agreement which was accepted by the defendant could not be unilaterally changed and particularly du......llant Vs. EPWAPDA.............................Respondent Judgment August 26th, 1970. Cases Referred to- Jai Berham vs. Kedar Nath Marwari, 49 IA 357; Province of West Bengal vs. Surja Kanta J......f the filing of the suit till the date of realisation. Fazle Munim J —I agree. Ed. ..Category: Others | Date: | Hits: 98
Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)
....miza Khatun, Amina Khatun and Soley alias Soleman guilty and 3 of them found accused Monglu alias Mukhlesur Rahman guilty under sections 302/109 while one found him not guilty. The learned Judge in agreement with the assessors found the four accused guilty under sections 302/109 PPC convicted and...... of the case. Ed. ......iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ..Category: Criminal Law | Date: | Hits: 76
Shuk Deb and another Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....of the matter, the impugned order dated 19.8.1967 (Annexure "A") cannot be allowed to stand. The Rule is, therefore, made absolute but without any order as to costs. Ed. ......bsp; Siddiky CJ: This is an application under Article 98 of the late Constitution of Pakistan by one Shuk Deb on behalf of Sree Lakshmi Narayan Jiu Thakur challenging an order of the Assistant Custodian, Enemy Property (Lands and Buildings) Dacca dated 19.8.67 asking him to vacate No. 3 Harish ......the Shebaits have been given out of the income of the said property for their maintenance. The residue of the income, according to the deed, belongs to the deity. The Shebaits are not authorised to sell, transfer, mortgage or lease the property in any manner. From this document, therefore it is ..Category: Property Law | Date: | Hits: 76
City Bank Limited and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
.... 2. Respondent No. 6, Industrial Development Leasing Company Bangladesh Limited, a non-banking financial institution was constituted under the laws of Bangladesh pursuant to a shareholders agreement dated 26-5-85 consisting of various shareholders of whom petitioner No. 1, the City Bank ...... Financial Institution Act, 1993 (XXVII of 1993), Section 3 The Constitution of Bangladesh, 1972, Article 27 The embargo on banks, insurance companies and other financial institutions to nominate its directors on the Board of a financial institution is based on a reasonable classif......nd any substance in the submissions made by Mr. Rokanuddin Mahmud. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 262. ..Category: Business or Commercial Law | Date: | Hits: 106
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
....and Article 34(5) of President’s Order No. 128 of 1972 it will be profitable to fully quote the same: “34. (1) Where any industrial concern which is under a liability to the Sangstha under an agreement makes any default in payment or otherwise fails to comply with the terms of its agreement ...... The provisions of Article 34(5) will prevail over those of Order VII, rule 11. When the reliefs claimed fall within the clear mischief of Article 34(5) (a)(i) & (ii) it will be an idle formality to ask the defendant- appellant to file petitions afresh under Article 34(5) praying for not enterta......ly with the terms of its agreement with the Sangstha, the Sangstha may notwithstanding anything contained in Article 33, take over the management and administration of the industrial concern, and may sell or realise any property pledged, mortgaged, hypothecated or assigned by the industrial concern ..Category: Property Law | Date: | Hits: 77
Nurul Afsar Vs. Rafiqul Ahmed & ors, 1999, 28 CLC (AD)
.... the property from its nature is impartible, or (d) when property is held jointly with strangers who cannot be joined as parties to a general suit for partition, or (e) where co-tenants, by mutual agreement, decide to make partition of a part of the joint property retaining the rest in common. ...... ABM Nurul Islam, Senior Advocate, instructed by Md Aftab Hossain, Advocate-on-Record — For the Petitioners. Not represented — The Respondent. Civil Petition for Leave to Appeal No. 774 of 1997. (From the Judgment and order dated 11th May 1997 passed by the H......nterfere with the order of the High Court Division passed in its discretion. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 155. ..Category: Property Law | Date: | Hits: 65
Nurul Haque (Md.) and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)
....ture and Fisheries, having, under the Defence (General) Regulations, 1939, no interest in the land apart from possession, could grant only the right of occupation of the land, and, therefore, the agreement was not a lease but an agreement for leave and licence to use the land for the terminati......aving accepted the benefit cannot now term the same as illegal. The learned Judges of the High Court Division in exercising their writ jurisdiction, which is a discretionary relief, rightly refused to exercise their discretion in favour of the petitioner as it is unconscionable to blow hot and co......gement being not a law cannot be said to be illegal and unconstitutional. These petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 140. ..Category: Employment/Service Law | Date: | Hits: 85
Bangladesh Shilpa Rin Sangstha Vs. Azir Uddin Chowdhury, 1998, 27 CLC (AD)
....pondent is the Managing Director of Al-Helal Rice Mills Limited, which is financed by BSRS. BSRS sanctioned and disbursed loan in favour of the Rice Mills under different terms and conditions of loan agreement. Under the terms and conditions of the loan agreement dated 27th April, 1978 executed betw......y) Rules, 1981 till disposal of Money Suit No. 5 of 1994. 2. The short facts necessary for disposal of the appeal is that, defendant-appellant Bangladesh Shilpa Rin Sangstha (hereinafter referred to as ‘BSRS’) is a Sangstha established by the BSRS Order, 1971 (President’s Order No.128 of 1......ith section 151 of the Civil Procedure Code in favour of the plaintiff-respondent restraining the appellant from taking over the management and administration of the plaintiff- respondent company and selling it under Article 34 of the BSRS Order, 1972 read with BSRS (Direct Sale of Mortgaged Propert..Category: Business or Commercial Law | Date: | Hits: 124
GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, Chittagong Div. & ors, 1999, 28 CLC (AD)
....with modification, namely, that the respondents will get the overtime wages at double the rate of their basic wages only. 3. Shortly stated the facts are that, on the 29th October 1966 an agreement was signed between the Pakistan National Oils Limited. The predecessor of the appellant-c......hers ……………Respondents Judgment February 14, 1999. The Shops and Establishments Act,1965 (XXVIII of 1965) Sections 8 & 9. The Factories Act, 1965 (VI of 1965), section 58 Section 8 merely prescribes the maximum number of ......e 4 of the Rules. For the reasons stated above both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 91. ..Category: Labour and Industrial Law | Date: | Hits: 134
Brahmanbaria Pourashava Vs. Secretary, Ministry of Land Reforms, 1999, 28 CLC (AD)
....ecimals thereof. The possession of the land was handed over to the appellant on 7 December 1965. Eventually, the land was acquired by a Gazette Notification dated 22 February, 1968. There was also an agreement between the Government and the appellant permitting the appellant for construction of bloc......du Bikash Roy Choudhury J Brahmanbaria Pourashava………………. Appellant Vs. Secretary, Ministry of Land Reforms, Government of Bangladesh and others……Respondents Judgment October 26, 1997. Result: The appeal is allowed. The Municipal Administration Ordinance, 1960......lared to have been made without lawful authority. This appeal is allowed accordingly without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 84; 1999 BLD (AD) 87. ..Category: Property Law | Date: | Hits: 63
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