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Monirul Islam Vs. State and another, 2009, 38 CLC (HCD)
....nant was engaged in the field and the accused petitioner was responsible to maintain the accounts, he filed the papers and documents to Mr. Maksud Miah. The accused petitioner placed the papers of 34 installments. Out of the said 34 installments, the complainant demanded that the accused petitioner ......istrate), Moyeshkhali, Cox's Bazar is quashed. Let a copy of the judgment be sent forthwith. Sheikh Rezowan Ali J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 327. ......sed his decision to pay Taka 2,14,000/- to the complainant without giving any decision of Taka 3,77,625/- of 5 installments. The arbitrator and the accused petitioner tried to misappropriate the said amount of Taka 3, 77,625/- in connivance with each other. Against the said award passed by the arbit..Category: Criminal Law | Date: | Hits: 93
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....d guidelines.” The short order shall form part of the judgment. These petitions are accordingly disposed of. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 79, VII ADC (2010) 721. ......sion of the General Clause Act. It has been held in the case of University of Dhaka through its Vice-Chancellor and the Registrar of University of Dhaka Vs. Zakir Ahmed 16 DLR SC 722, propounding the principle of natural justice “audi alteram partem” that before a person is punished an opportuni......h Court Division is a unit of this Court with a co-ordinate jurisdiction and one Judge or a group of Judges can not challenge the judgment passed by another Judge or a bench of Judges since that will amount to challenging their own judgment which is not permissible in law. ...........Moreover if thi..Category: Constitutional Law | Date: | Hits: 251
M/S. Classic Fashion Limited Vs. Mrs. Asrafunnessa Dana and another, 2009, 38 CLC (AD)
.... Security of TK.1000.00 is to be deposited with one month from date. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ......appearing for the petitioner submitted that the High Court Division committed an error in holding that the suit is not barred by limitation in view of continuous default in payment of rent and the principle set out in Section 23 of Limitation Act and that fresh period of limitation begins to run......rt of Subordinate Judge, Dhaka for realization of rent with compensation and other reliefs, which is pending; that the defendant also did not pay rent for the period from January to September, 1995 amounting to total TK.13,25,136.00; that the defendant did not clear up the said dues despite repea..Category: Civil Law | Date: | Hits: 110
Md. Sadequl Alam Vs. Md. Mofizul Haque (Jalal) and others, 2009, 38 CLC (AD)
.... of the above, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......e; that the High Court Division failed to discuss oral evidence of P.W.'s with reference to documentary evidence of the parties causing thereby failure of justice. 5. It is now established principle that a party cannot be taken by surprise introducing a new fact or document during trial ...... of the above, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 27
Golam Mostafa and others Vs. Government of the People’s Republic of Bangladesh, 2007, 36 CLC (AD)
....e do not find any cogent ground to interfere with the same. This Petition is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: ......e do not find any cogent ground to interfere with the same. This Petition is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: ......squo;s company got allotment of lease of 60 acres of land on 29.04.1963 from the Government and as per terms and conditions as agreed upon and on receipt of the payment of the entire consideration amount the Government executed and registered the formal lease deed on 07.11.1969, though handed ov..Category: Property Law | Date: | Hits: 25
Md. Lukman Vs. Rustom Khan and others, 2008, 37 CLC (AD)
.... above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......979 in the Court of Subordinate Judge, 1st Court, Sylhet against Shoshi Mohan and others which was decreed by the judgment and decree dated 10.07.1980 and when the debtor failed to pay the decretal amount, father of the plaintiffs filed Money Execution Case N9.14 of 1982 before the selfsame Court..Category: Property Law | Date: | Hits: 51
Special Reference No.1 of 2009, 38 CLC (AD)
....e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ......e offences committed by them after thorough and proper investigation. In this context he submits that neither the amendment of BDR Order nor any new legislation in this connection could be hit by the principle of ex-post facto legislation because of the constitutional immunity provided in this regar......e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 289
Janab Ali (Md.) and another Vs. Salema Khatun and others, 2009, 38 CLC (AD)
....03. Thus, we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 122. ...... 2. Is the case filed within limitation? 3. Is the plaintiff a co-sharer in the case jote? 4. Is the case bad for defect of parties? 5. Is the case barred by the principle of estoppel, waiver and acquiescence? 6. Did the pre-emptee pay Taka 16,000 as......-emptee is the leave petitioner. The pre-emptor filed the pre-emption case claiming to be co-sharer in the case jote within limitation depositing the deed value together with the compensation amount as per law and that the pre-emptee contested the case by filing written objection asserting,..Category: Property Law | Date: | Hits: 38
Shamsu Meah and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....bservation of the High Court Division on the merit, of the case will have no bearing while deciding the dispute by any civil Court. Ed. This Case is also Reported in: VI ADC (2009) 702. ......the Government invested huge amount of money for raising boundary wall and construction of semi pucca structures in their respective plots and in such situation the Government is bound by the principles of promissory estoppel and the Ministry of Works cannot be allowed to retrieve their ste......an of aforesaid 12 plots and as such the order of cancellation of the said plots is arbitrary and malafide; the petitioners, having taken possession of their plots from the Government invested huge amount of money for raising boundary wall and construction of semi pucca structures in their ..Category: Property Law | Date: | Hits: 34
Md. Abu Sufian and others Vs. Ferdoshi Begum and others, 2009, 38 CLC (AD)
....nd no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 698. ......nd no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 698. ......asing plots which is relevant to be stated that as per terms of the Indenture Clause No.12 when a plot purchaser surrender his plot for his/her inability, the company shall refund his deposit amount after deducting booking money and the company, therefore, intends to pay back their d..Category: Business or Commercial Law | Date: | Hits: 199
Sonali Bank Vs. Artha Rin Adalat, Narayangonj and others, 2009, 38 CLC (AD)
....e impugned judgment passed by the High Court Division. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 686, 62 DLR (AD) (2010) 231.......e impugned judgment passed by the High Court Division. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 686, 62 DLR (AD) (2010) 231.......e Execution Case No.8 of 1995 by the Artha Rin Adalat, Narayanganj, rejecting the application for cancellation of the auction bid held on the date i.e. on 02.01.2005 and acceptance of the highest bid amount of Tk. 9,04,000/- directing deposit of the balance auction-bid amount through pay order on 12..Category: Banking Law | Date: | Hits: 373
Abdus Sattar Mollah Vs. Abdul Malek Mollah and others, 2009, 38 CLC (AD)
....find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 671. ......n except in certain well defined circumstances, such as, non-consideration or misreading of the material evidence affecting the merit of the case, the High Court Division ignoring the well settle principle and arrived at a erroneous decision of the case and this Division also ignoring the merit......find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 671. ..Category: Property Law | Date: | Hits: 25
Md. Layek Khan and another Vs. Abdul Latif, 2009, 38 CLC (AD)
....evidence and materials on record we find no reason to disturb the same. Hence this leave petition is dismissed having no merit. Ed. This Case is also Reported in: VI ADC (2009) 668. ......evidence and materials on record we find no reason to disturb the same. Hence this leave petition is dismissed having no merit. Ed. This Case is also Reported in: VI ADC (2009) 668. ......e the rent upto Tk. 250/- but the trial Court failed to appreciate those aspect of the case and held that the rent paid by the defendants was not standard rent. The trial Court did not specify the amount which is standard rent for the suit premises and as such the trial Court arrived at a w..Category: Property Law | Date: | Hits: 57
Bangladesh Vs. Mariam Begum and others, 2009, 38 CLC (AD)
....no illegality or infirmity in the above Decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 661, 63 DLR (AD) (2011) 122....... Petitioner Nos. 1-3, 6 and 8 contested the suit and filed there sets of written statements and their common case is that the suit is barred by the provision of section 42 of the Specific Relief Act, principle of limitation and estoppel. 3. The defendant petitioner Nos. 1-3 in their written state......o eventually submitted his report with the finding that land in question belongs to Rustom Ali and so for establishment of the proposed market, the suit land is to be acquired and in that case a huge amount of compensations will be required to be paid to Rustom Ali; thus having failed to established..Category: Property Law | Date: | Hits: 25
Rajdhani Unnayan Kartipakkya (RAJUK) Vs. Jahan Ara Begum and others, 2008, 37 CLC (AD)
....le disposed of with directions therein are, hereby, set aside. Accordingly, the appeals are allowed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 145; VI ADC (2009) 649. ....../payment of compensation of the property acquired under the provision repealed Act. 17. Upon the given facts in the instant case, the High Court Division has misconceived the principle of legitimate expectation of giving an alternative plot which the law under consideration......directed to prove their title and ownership in respect of the lands in question if the respondents by this time were given part compensation money they will get the balance amount of compensation as per provision of the said Ordinance or they may be given alternative plot..Category: Property Law | Date: | Hits: 41
James Finlay PLC and others Vs. Mahi Fish Processing Ltd. and others, 2009, 38 CLC (AD)
....tance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 124. ...... has suffered heavy financial loss due to the irresponsible and whimsical action of the defendant in delivering the disputed consignment to the buyer in clear violation of the established rules and principles of international trade. 7. The High Court Division held that whatever might......ses. Since Agrani Bank, defendant No.7, the L/C confirming Bank, did not pay debt as per contract, the factory and business of the plaintiff was inoperative for a long time and accordingly, a huge amount of interest was credited against the loan account of the plaintiff with Agrani Bank proforma..Category: Business or Commercial Law | Date: | Hits: 178
Matiur Rahman Chowdhury Vs. Commissioner of Taxes, Dhaka, 2009, 38 CLC (AD)
....l, Division Bench-1, Dhaka, with further direction to dispose of the appeals, if made ready, preferably within six (6) months. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 305. ......ssessee-petitioner and that the assessee-petitioner acquired a right to have his appeals heard in accordance with law only after disposal of his applications for waiver in reference and thereby the principle of natural justice has been violated and therefore the impugned orders are bad in law. ......Appellate Tribunal and Section 158(2) of the Ordinance provides that no appeal shall lie against an order passed by the Appellate Joint Commissioner of Taxes unless the assessee pays the prescribed amount representing the difference between the tax as determined on the basis of the order of the ..Category: Fiscal/Taxation Law | Date: | Hits: 89
Md. Nurul Absar Vs. State, 2008, 37 CLC (AD)
....t mean rehearing of the matter afresh, we find no substance in the review petition, Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 617. ......t mean rehearing of the matter afresh, we find no substance in the review petition, Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 617. ......sing the appeal. 2. The prosecution case, in short, is that the accused petitioner was a Chairman of Cox's Bazar Pourashava and in such capacity he received a Cheque dated 20.10.1984 for an amount of Tk. 10 lac donated by the then President of Bangladesh for development works of the Poura..Category: Criminal Law | Date: | Hits: 43
Chitta Ranjan Roy Vs. Dhirendra Nath Roy and others, 2008, 37 CLC (AD)
.... we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 600. ......er Mritunjoy. The evidence of all those P.W.'s are consistent, uniform and corroborative with each other with all material particulars, 6. The High Court Division held that it is a settled principle of law that the appellate Court below being final Court of fact will have to discuss and ...... we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 600. ..Category: Property Law | Date: | Hits: 27
Cromvege Tannaries Ltd. & anr Vs. Joint Dist Judge & Artha Rin Adalat No.1, Dhaka, 2009, 38 CLC (AD)
....llegality or infirmity in the decision of the High Court Division no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 594. ......llegality or infirmity in the decision of the High Court Division no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 594. ......ni Bank started Artha Rin Execution Case No.141 of 2002 in the same very Court wherein attempt was made for selling the mortgaged properties in auction with a view to realize the decretal amount with interest and costs but that attempt failed due to non availabilities of any bidder..Category: Civil Law | Date: | Hits: 103
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