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Mokbul Hossain Vs. Khandaker Mujibur Rahman, 1999, 28 CLC (AD)
....king leave to appeal from the impugned judgment. 2. Material facts of the case are that the plaintiff claims title to the suit property through one Jatindra Mohan Basak with whom he had an agreement for sale of the suit land dated 16-3-1950. He has been in possession of the suit land sin......ks having released the suit property in favour of the plaintiff and lease of the defendant from the Deputy Commissioner without approval of the Ministry of Works, the defendant had no locus standi to challenge the plaintiff’s right in the suit property however defective it might be, is co......s not being an issue in the suit it cannot be considered here for the first time. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 77. ..Category: Property Law | Date: | Hits: 69
BD Oil, Gas and Mineral Cooperation (Petro Bangla) Vs. Nuruzzaman Khan Brothers, 1999, 28 CLC (AD)
....107, Motijheel Commercial Area, Dhaka since 1982 and dispute arose between the parties over payment of rent, service charges, etc. which led to a reference to the arbitration in terms of the lease agreement, that the arbitrators entered into the reference on 17-4-89 and finally made an award for......y 12, 1998. The Arbitration Act, 1940 (X of 1940) Section 39 Awarding of interest on the decretal amount of award on appeal whereas no such interest had been determined by the arbitrators and even no such claim of interest was made by the respondent before the court, granting of su......rators and made a rule of the Court by the Subordinate, Judge. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 52. ..Category: Alternative Dispute Resolution | Date: | Hits: 249
Al-Helal Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha, 1999, 28 CLC (AD)
.... an ex parte hearing. That part of the order imposing cost is set aside. The petition, however, is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 51. ......p; March 31, 1998. The Bangladesh Shilpa Rin Sangstha (BSRS) Order, 1972 Article 34 The alleged decision of the Civil Court as to the certificate proceeding may or may not be correct but, the same does not bind the BSRS not to...... an admitted loanee of the respondent Bangladesh Shilpa Rin Sangstha, filed Writ Petition No. 604 of 1998 requiring the respondent to show cause as to why the purported action of the respondent for selling Al-Helal Rice Mill under article 34 of the Bangladesh Shilpa Rin Sangstha (BSRS) Order, 197..Category: Business or Commercial Law | Date: | Hits: 106
Government of Bangladesh Vs. Syed Chand Sultana and others, 1999, 28 CLC (AD)
.... is also barred by 12 days and the explanation given for the delay is not satisfactory. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 24. ...... Inclusion of the property within “kha” list is void and violative of Article 42 of the constitution even though alternative remedy is available, the writ petitioners can come directly to the High Court Division for protection of their fundamental rights………..(4)&......ts have always been- in possession of the said plot and building through tenants or in, person and they have been paying Government dues, municipal taxes etc. upto 1992. The respondents decided to sell the property and applied to the RAJUK on 11-10-92 for permission to transfer the property. By ..Category: Property Law | Date: | Hits: 56
Shafi A Chowdhury and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)
....machines to be imported by the respondents were in the pipeline. Out of 18 vehicles, 14 were in running condition. Plaintiff No.1 deposited 25% of the purchase money as down payment and executed an agreement on 7- 4-84, clause 18 of which provided that the possession will be delivered subject to ......bsp; (V of 1908) Order XXXIX, rule 7 When plaintiff obtained possession five years before and after having enjoyed possession thereof for such period, it will be impossible for any surveyor to estimate what was the state of the machineries, tools, equipment and vehicle etc five years bef......facts of the present case we do not think that the matter warrants our interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 21. ..Category: Criminal Law | Date: | Hits: 68
Faruk (Md) Vs. Abdul Hamid and others, 1999, 28 CLC (AD)
....or of the company, was authorised to purchase a complete set of imported machineries in packed condition from the aforesaid proprietorship concern and was further authorised to sign and execute the agreement for sale on behalf of the company. The Managing Director-respondent No.2 (the present pe......bsp; April 30, 1998. The Companies Act, 1994 (XVIII of 1994) Sections 210(7) & 233 The provisions of appointing auditors in the annual general meeting is for prospective auditing of a company. When the minority shar......inued to treat the private limited company as his own absolute property and ignored the interest of the petitioners and other shareholders. The company made a huge profit of Taka 4,61,86,98 1.00 by selling soyabean oil but it was not shown in the company’s account. No dividend was declared..Category: Business or Commercial Law | Date: | Hits: 100
Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)
....ugned judgment and order of the High Court Division are set aside. Writ Petition No. 204 of 1989 is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 42. ...... The Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (LIV of 1985) Section 5(2) The Constitution of Bangladesh, 1972, Article 102 In principle where an alternative statutory remedy is available a writ petition under Article 102 of the Constitution shall not be enterta......then has been possessing the same through different allottees. The last allottee is the University Women’s College which got the allotment on 13-7-83. Thereafter in pursuance of the order to sell the property the said college accepted the offer of the Government and upon making a part paym..Category: Property Law | Date: | Hits: 48
Habibur Rahman (Md.) Vs. Government of Bangladesh and ors., 1999, 28 CLC (AD)
.... 9. No point of law of public importance is involved in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 39. ......Involved Abdul Wahab, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record — For the Petitioner. Not represented -Respondents Civil Petition for Leave to Appeal No. 1042 of 1997. (From the Judgment and order dated 30th April, 1997 passed by t...... Petition No. 1871 of 1990 discharging the Rule. 2. The petitioner claiming himself as a lessee under the Bangladesh Fisheries Development Corporation, briefly BFDC, in respect of the fish selling stalls at 244/245. Mirpur Shah Ali Government Market, Dhaka called in question in the said..Category: Constitutional Law | Date: | Hits: 158
Zenith Packages Limited Vs. Member Labour Appellate Tribunal Dhaka and others, 2000, 29 CLC (AD)
....mplated in section 50 of the IRO, 1969 as by such case no interpretation of any clause or term of any award or settlement was sought for rather it was for on continued binding force of a terminated agreement involving interpretation of section 40(2) of the Ordinance. Further it was stated that w......May 28, 2000. The Code of Civil Procedure, 1908 (V of 1908), Order XLVII rule 1 Supreme Court Rules, Rule 26 Court cannot sit over its own judgment by way of appeal in a circuitous manner to hear the same grounds already considered in the judgment sought to be reviewed&helli......e reason as given by us, find any reason to admit this petition for review. The review petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 160. ..Category: Labour and Industrial Law | Date: | Hits: 127
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
....of any excess duty under section 33 of the Act within six months of such payment his writ petition is not maintainable. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 149. ......able condition of payment of fine or extra-duty in full then it can be said that the petition has no equally efficacious remedy. The petitioner having released the goods on payment of additional customs duty and sales tax he ought to have asked for refund under section 33 of the Customs Act withi......gong Port Authority collected Taka 2,11,464.56 from him as wharf rent from 21-8-88 to 18-7-90. He contended that under section 25 of the Chittagong Port Authority Ordinance, 1976 the Authority may sell the goods by public auction after the expiry of 75 days from the date on which such goods were..Category: Fiscal/Taxation Law | Date: | Hits: 94
Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
....s changed this position while deposing as PW 1. Before the trial Court on oath the plaintiff deposed as follows: “Not a fact that the defendant did not execute any other deed of agreement of reconveyance. The defendant executed a separate agreement of reconveyance. The pape......1951 (XXVIII of 1951), Sections 95 & 95A The Code of Civil Procedure, 1908 (V of 1908), Order XXI, rule 34 The President’s Order No. 88 of 1972 created special forum for restoration of mortgaged property. But it did not take away right of redemption available to a mortga......Division wrongly took note of sections 54 and 55 of the Transfer of Property Act. Section 54 of the Transfer of Property Act defines sale and section . speaks of rights and liabilities of buyer and seller. It is very difficult to understand why reference of section 54 and 55 of the ‘Transfe..Category: Property Law | Date: | Hits: 64
Sudangshu Jaladash and others Vs. Shahabuddin and others, 2000, 29 CLC (AD)
.... any material to indicate that the lessees were heard or that the lease of the lessees has been cancelled by any order from an appropriate authority though it has been mentioned in Clause 25 of the agreement that the lease may be cancelled without assigning any reason. The fact remains that ther......bsp; June 29, 1999. The Transfer of Property Act, 1882 (of 1882), Section 111 There can not be any cancellation of lease without giving an opportunity to the aggrieved party being heard when the lease has been under registered instrument with delive...... Court Division has not committed any wrong which may call for our interference. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 119. ..Category: Property Law | Date: | Hits: 71
Badsha Mia & Others Vs. Abdul Kader and Others, 2000, 29 CLC (AD)
....nbsp; August 12, 1999. The Arbitration Act, 1940 (X of 1940), Sections 32 & 33 Without having recourse to section 33 no declaration that an arbitration agreement or an award or the effect of either for an existence or validity thereof can not be obta...... August 12, 1999. The Arbitration Act, 1940 (X of 1940), Sections 32 & 33 Without having recourse to section 33 no declaration that an arbitration agreement or an award or the effect of either for ...... infirmity in the decision of the learned Single Judge of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 79. ..Category: Civil Law | Date: | Hits: 104
Abul Qayum Khan and others Vs. Md. Abu Yousuf Mridha and others, 2000, 29 CLC (AD)
....Mridha took a loan of Taka 2,5000.00 from Jamir Hossain, predecessor of defendant Nos. 1-8 and conveyed the suit lands to him by a registered sale deed dated 6 May 1959. On the same day a separate agreement was executed and registered by Jamir Hossain undertaking to re-convey the said lands to h...... Md. Wahhab Miah, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record — For the Petitioners. Not represented — The Respondents. Civil Petition for Leave to Appeal No. 969 of 1998. (From the judgment and order dated 20 November, 1997 passed by t......sed, for what it is worth, at the earliest opportunity. But it was not done. This petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 48. ..Category: Property Law | Date: | Hits: 47
.... or badli workers of KPM as held by the High Court Division.
12. Whether a person is a worker or not depends upon, the definition in section 2 (XXVIII) of the Ordinance vis-a-vis the terms of the agreement under which they are employed. No general proposition can be laid down to apply in all cas......& another…………..Respondents
Judgment
January 22, 1998.
The Industrial Relations Ordinance, 1969 (XXIII of 1969), Section 2(xxviii)
The casual labourers supplied by the contractors are the employees of the contractors over whom the contractors have absolute control. Attendanc......5)(a) of the Ordinance which is also an infirmity of the said list. The appeal is accordingly dismissed without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (AD) (2000) 36.
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Category: Labour and Industrial Law | Date: | Hits: 163
Hazera Khatun Vs. Dr. Md. Enayetullah, 2000, 29 CLC (AD)
....otected under section 53A of the Transfer of Property Act and, as such, erred in law in making the order rendering the appeal of the petitioner infructuous. He further contended that in view of the agreement dated 30-8-91 entered into between the petitioner and the respondent for sale of the dis......er XXI rule 26 Pendency of a suit for specific performance of contract in respect of the premises in which the respondent obtained a decree for ejectment against the petitioner is no ground to stay the title execution case……………………(5)&...... discharged also on that ground correctly by the High Court Division. On the above grounds we dismiss this petition. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 33. ..Category: Property Law | Date: | Hits: 87
Mustafa Kamal and another Vs. Commissioner of Customs and others, 1999, 28 CLC (AD)
....the question of determination of tariff value is of utmost importance because from 1st January, 2000 Bangladesh will have to abide by its obligation under the World Trade Organisation (WTO) valuation agreement in terms of which the transacted value system will have to be followed. 17. Having hear......vision (Civil) Present: Mustafa Kamal CJ Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Mustafa Kamal and another……………Appellants Vs. Commissioner of Customs and others……………..Respondents Judgment December 8, 1999. Result: The two a...... Annexure-Z to the supplementary affidavit-in-reply of the appellants which is a letter dated 15-3-95 containing an offer to Bangladesh Chemical Industries Corporation from a manufacturer in China to sell 4000 metric tons of Soda Ash Light at the rate of US $ 127.80 per metric ton. The offer is in r..Category: Business or Commercial Law | Date: | Hits: 165
Primal Ranjan Das Vs. Nasima Khatun, 1997, 26 CLC (AD)
....The Courts below found that the defendant defaulted in making payment of rent for the months of September and October, 1986 as the rent was paid on 11-11-1986 in violation of the terms of the tenancy agreement under which rent was required to be paid within the 7th day of the next month for which th......nvolved: Fazlul Karim, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record — For the Petitioner. Not represented—The Respondent. Civil Petition for Leave to Appeal No. 50 of 1997. (From the judgment and order dated July 2, 1996 passed by the High......t this stage because the question was never raised either in appeal or in revision. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 144 ..Category: Tenancy Law | Date: | Hits: 70
Abdur Rouf (Md) Vs. Abdul Hamid and others, 1997, 26 CLC (AD)
....n receipt of the Advocate’s notice defendant No. 2 in collusion with defendant No. 1 handed over vacant possession of the shop to defendant No. 1, in violation of the terms and conditions of agreement dated 9-10-1981. The said transfer of possession by defendant No. 2 in favour of defendan......volved: Syed Dastagir Hossain, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Petitioner. Not represented-the Respondent. Civil Petition for Leave to Appeal No. 154 of 1995. (From the Judgment and order dated 29-11.94 passed by the High C......tted any illegality in affirming the decision of the trial Court. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 423, 49 DLR (AD) (1997) 133 ..Category: Property Law | Date: | Hits: 61
Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
....dated 5-6-84 in the said money suit (Ext. 11), the photocopy of the Order Sheets dated 19-6-84 and 23-6-84 in that suit (Ext. 12), the copy of the solenama dated 5-8-84 (Ext. 14) and the subsequent agreement on the basis of the solenama (Ext. 13). Deducting Taka 2 lakh from the plaintiffs receipt......hellip;…Appellants Vs. Md. Jainal Abedin & ors………………. Respondents Judgment November 21st, 1996. Cases Referred to- Overseas Tankship (UK) Ltd. vs. Morts Dock and Engineering Co. Ltd Wagon Mound (1961) AC...... Engineering Company Ltd. vs. Pounds, (1963) 1 Lloyd’s Rep. 359, in which the facts are that the plaintiff was a tenant in respect of a part of the dock premises at Penarth Dock. He agreed to sell a floating pontoon then occupying a part of Penarth Dock with the oral understanding that the..Category: Admiralty Law or Maritime Law | Date: | Hits: 213
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