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Chief Controller, Import and Export and others Vs. Md. Faruk Ahmed, 2005, 34 CLC (AD)
.... appeal is allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 123 ; 12 BLC (AD) (2007) 44; 12 MLR (AD) 2007, 122; 19 BLT (AD) 2011, 28, 8 LG (AD) (2011) 28. ......tioned car beyond 5 years old imported in respect of two others consignments and the refusal in respect of the writ-respondent was to the prejudice and detriment of his interest in violation of the principle of equality as enshrined in the Constitution. 9. The authority has formulated certain r...... appeal is allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 123 ; 12 BLC (AD) (2007) 44; 12 MLR (AD) 2007, 122; 19 BLT (AD) 2011, 28, 8 LG (AD) (2011) 28. ..Category: Business or Commercial Law | Date: | Hits: 139
Abdul Wazed Sharif Vs. Shudhir Ranjan Biswas and others, 2007, 36 CLC (AD)
....t Division and so call for any interference. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 108. ......and collusively created sale deeds in the name of fictitious persons during the pendency of the pre-emption case. 9. We find that in the facts and circumstances of the instant case the principle laid down in the decision reported in 33 Indian Appeal (P.C) which was followed in the de......t Division and so call for any interference. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 108. ..Category: Property Law | Date: | Hits: 21
Mesbahuddin Ahmed Vs. M/s. James Finlay, 2007, 36 CLC (AD)
....ssing the appeal does not call for any interference. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 104. ......ssing the appeal does not call for any interference. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 104. ......0,000/- with the defendant as earnest money. Offer of the plaintiff was provisionally accepted subject to the fulfillment of certain terms and conditions which included payment of the balance amount of Tk.56,75,000/- within one month from the date of acceptance calculated @ 25% of the bid m..Category: Property Law | Date: | Hits: 33
St. Electronics (Infer Software Sys.) Pvt. Ltd. Vs. Patimas Intel. Sdn Bhd & ors, 2007, 36 CLC (AD)
....s therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed with observation. Ed. This Case is also Reported in: V ADC (2008) 100. ......d to exhaust all the administrative forums for remedies available to it as contemplated under regulations 51, 52 and 53 of the PPR, (2) the impugned order dated 5.11.2006 was violative of the principle of natural justice as the same was passed against the respondent No. 1, writ-petitio......Division erred in failing to consider that the respondent No. 1, writ petitioner, could not itself satisfy the requirements of clause 6.1 of the ITB with regard to its turnover up to the stipulated amount for the last five years. Consequently, it is submitted, the bid of the respondent No.1,..Category: Business or Commercial Law | Date: | Hits: 110
Moazzam Hossain Vs. Bangladesh Bank and ors, 2005, 34 CLC (AD)
....er section 17(1) of the Act on 9.9.1995, is not legally sustainable. So the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 870. ......er section 17(1) of the Act on 9.9.1995, is not legally sustainable. So the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 870. ......y its mind to the facts and circumstances of the petitioner's case and failed to appreciate that the petitioner in compliance with the notice under Section 17(1) has fully repaid the guaranteed amount to the National Bank Limited during the subsistence of the order of stay of operation ..Category: Banking Law | Date: | Hits: 112
Hemayet Ali Shaikh and others Vs. Ramesh Chandra Mondal and others, 2006, 35 CLC (AD)
....ere is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 866. ...... of their title; if the prayer of the plaintiffs for amendment of the plaint is not allowed they will be deprived of their legitimate right of enjoyment of their valuable properties; it is settled principle of law that amendment of the pleading can be allowed at any stage of the proceeding provi......ere is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 866. ..Category: Property Law | Date: | Hits: 25
Sarwar Zaman Vs. Yongtai Industries Bangladesh Ltd. and another, 2006, 35 CLC (AD)
....any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 855. ......any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 855. ......0,000/- (taka eight lacs) from the account of the company two days after a new Managing Director was appointed leaving the account of the company dry and the petitioner also did not spend the above amount for the purpose of the company and thereby misappropriated the said amount; further the petit..Category: Business or Commercial Law | Date: | Hits: 151
Md. Abul Hossain and others Vs. Abdul Hamid Mandal and others, 2007, 36 CLC (AD)
....th the impugned judgment of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 834. ......contested the suit by filing written statement denying all the averments made in the plaint stating, inter alia, that the suit is not maintainable. It is barred by limitation and also barred by the principles of estoppel, waiver and acquiescence. His specific case, in short, is that on account o......barred by the principles of estoppel, waiver and acquiescence. His specific case, in short, is that on account of urgent necessity (of) money, the defendant approached the plaintiff for loan of an amount of Tk. 3,000.00 in the month of Jaishstha, 1379 B.S. and the plaintiff agreed to give him lo..Category: Property Law | Date: | Hits: 30
Mofizuddin Howlader Vs. Abdur Rashid & others, 1982, 11 CLC (AD)
....urt Division are set aside and those of the trial Court are restored. The appellant is allowed the cost of the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 36. ...... whether the recitals of the waqf deed satisfy the requirement of a valid waqf in accordance with the Mussalman Wakf Validating Act, 1913, and whether the High Court Division correctly applied the principle of law relating to validity of a waqf as enunciated in the case of Mst. Khairunnessa Khat......roperty owned or possessed by the wakif without any vagueness or uncertainty; (3) that the intention of the wakif is clear; (4) that the waqf is permanent; (5) that a specified amount out of the income of the waqf estate, though small, is, to be spent on public charity;..Category: Trust/Waqf Law | Date: | Hits: 171
Haji Ebad Ali Akanda and others Vs. Haji Basiruddin Akanda and others, 2006, 35 CLC (AD)
....lso point out any error apparent on the face of the above judgment. The review petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 790. ......the learned District Judge, on taking into consideration the effect of transfer in view of the deed of heba-bil-ewaz dated 20.3.82 exceeded the direction of the High Court Division and further, the principle laid down in the decision reported in 35 DLR(AD) 225, being inconsistent with facts of t......lso point out any error apparent on the face of the above judgment. The review petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 790. ..Category: Property Law | Date: | Hits: 34
Abul Hossain and Brothers Vs. Rupali Bank Limited, 2006, 35 CLC (AD)
....e leave-petition. In the aforesaid premises, we find no legal infirmity for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 785. ......e leave-petition. In the aforesaid premises, we find no legal infirmity for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 785. ......cation on 24-03-1997 praying for amicable settlement and by which the defendants deposited Tk.15, 00,000/-to the plaintiff-Bank and thereafter defendants also gave an undertaking to pay the balance amount of Tk.9, 30,826/-to get release of the suit property. The plaintiff-Bank further alleged that..Category: Banking Law | Date: | Hits: 85
Abul Kashem Vs. Md. Abu Bakar Siddique Khan and others, 2006, 35 CLC (AD)
....gh Court Division. In the aforesaid premises, we find no substance in this petition. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 779. ......gh Court Division. In the aforesaid premises, we find no substance in this petition. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 779. ...... 45 decimals of land; that plaintiff Nos. 1-5 purchased the share of Rawshan Ali from his heirs on 03-05-1992 and 27-07-1992 vide two registered deeds and rented the land to one Nurul Islam for an amount of Tk. 52,000/- yearly for five years; that on 10-11-1997, the defendants went to the house ..Category: Property Law | Date: | Hits: 33
Mst. Mariam Bibi Vs. Shiraj Madbar and others, 2006, 35 CLC (AD)
....land and that 1.05 acres of land out of the suit plot was settled in favour of Amin Madbar, the prede-cessor-in-interest of the plaintiff Nos.1 to 3 and that salami was to be paid in ten equal installments and that the predecessor of the plaintiff paid installments handing over the money to ......of the view that there is no error in the said judgment. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 774. ...... account of all the installments in the treasury and the plaintiffs being unaware of the fact could not take any step in the matter earlier but coming to know of the fact they paid the balance amount of salami with interests on 26.10.1987. But the Additional Deputy Commissioner (Revenue) wit..Category: Property Law | Date: | Hits: 25
Bangladesh Vs. Al-Haj Sanaullah, 2006, 35 CLC (AD)
....correct decision. There is no cogent reason to interfere with the impugned judgment. 8. The leave petition is dismissed Ed. This Case is also Reported in: IV ADC (2007) 770. ......correct decision. There is no cogent reason to interfere with the impugned judgment. 8. The leave petition is dismissed Ed. This Case is also Reported in: IV ADC (2007) 770. ......rportedly under section 93A (a) of the Act was issued for acquisition of the said land of the petitioner for the aforesaid purpose but the notice was not served upon the petitioner. Very small amount of money on the basis of a preliminary award was paid to the petitioner initially ..Category: Property Law | Date: | Hits: 26
Janata Bank and others Vs. National Electric Company Ltd., 2007, 36 CLC (AD)
....of the High Court Division can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 764. ......of the High Court Division can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 764. ...... plaintiff could not take proper care for maintenance to the raw materials, finished goods and the machineries which led to the damage of those; the plaintiff also deposited fixed deposit receipts amounting to Tk. 50 lacs belonging to others and the defendants, without any intimation to the..Category: Business or Commercial Law | Date: | Hits: 75
Chalna Carriers & Fibres Ltd. & another Vs. M/s. Shainpukur Navigation Ltd. & ors, 2005, 34 CLC (AD)
....e hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 735. ......e hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 735. ......act of the defendants they suffered loss of Tk. 5, 34,439.74 and since plaintiffs have suffered the said loss because of the negligence of the defendants, they are entitled to a decree for an amount of Tk.5, 34,439.74 against the defendants. 2. The suit was contested by defendant Nos..Category: Admiralty Law or Maritime Law | Date: | Hits: 210
Md. Siddiqullah and others Vs. Sufura Khatun and others, 2007, 36 CLC (AD)
....Counsel for the petitioners in the facts and circumstances of the case. Accordingly, the application is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 691. ......Counsel for the petitioners in the facts and circumstances of the case. Accordingly, the application is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 691. ...... rent receipt and the plaintiffs took some money as loan from defendant No.2 and the defendant No. 2 used to write it in a account book and in terms of the account book the plaintiffs took a total amount of Tk. 8,462.00 between 13.04.1989 to 29.12.1991 and after adjustment of Tk.700.00 against r..Category: Property Law | Date: | Hits: 35
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2006, 35 CLC (AD)
....rrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 649. ......llary or consequential direction as it thinks expedient. 7. We are accordingly of the view that the High Court Division considering the facts and circumstances and also applying the correct principle of law as applicable in the present case, arrived at a correct decision and there is......rrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 649. ..Category: Business or Commercial Law | Date: | Hits: 78
Khondker Ansar Ahmed & others Vs. A.T.M. Monsur Ali Mallik & others, 2007, 36 CLC (AD)
.... cogent reason to interfere with the same. Both the appeals are, therefore, dismissed with costs at all stages. Ed. This Case is also Reported in: IV ADC (2007) 640, 19 BLT (AD) (2011)129. ......after under his sons, Dhirendra and Birendra. They again claimed that they took settlement of the suit property by unregistered Amaldari from Dhirendra and Birendra on 17.05.1950. It is the settled principle of law that settlement of Non-Agricultural land within Municipality cannot be affected b...... cogent reason to interfere with the same. Both the appeals are, therefore, dismissed with costs at all stages. Ed. This Case is also Reported in: IV ADC (2007) 640, 19 BLT (AD) (2011)129. ..Category: Property Law | Date: | Hits: 34
Wonder Land Toys Ltd. Vs. Ministry of Finance, Govt. of Bangladesh, 2002, 31 CLC (AD)
.... take steps for early disposal of the rule pending before the High Court Division. The petition is, accordingly dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 19. ......anted earlier. 6. Mr. Abdul Wadud Bhuiyan, the learned Counsel appearing for the petitioners, submitted that section 21 of the Securities and Exchange Ordinance, 1969 not having provided any principle or guideline for the exercise of power to order or cause an enquiry to be made by the co...... take steps for early disposal of the rule pending before the High Court Division. The petition is, accordingly dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 19. ..Category: Criminal Law | Date: | Hits: 36
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