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Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
....tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ...... In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ......m the British Common Law. English Contract Law as we know it to‑day developed around a form of action known as the action of assumpsit which came into prominence in the early sixteenth Century as a remedy for the breach of informal agreements reached by word of mouth, i.e., by 'parol'. The..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)
....his relatives shall be sentenced to death. In order to bring the offence within the ambit of the offence, it is necessary for the prosecution to prove that the death is caused on account of dowry. No alternative punishment has been provided for the offence. Now the question is, whether the Bishesh A...... The death reference is rejected & Jail appeal is allowed. Cases referred to- State Vs. Bahar Miah, Death Reference No. 3 of 2002. Lawyers Involved: Nikhilesh Dutta, Deputy Attorney General with Mohammed Baset, Assistant Attorney General and Fara Mahmuda, Assistant Attorney G......inding on the basis of the evidence to be available with the record. The office is directed to transmit the case record at once. Ed. This Case is also Reported in: 56 DLR (2004) 556. ..Category: Women and Children | Date: 1 Mar, 2004 | Hits: 164
State Vs. Nazrul Islam @ Nazrul, 2004, 33 CLC (HCD)
....is the established principle of criminal jurisprudence that the defence is not required to examine any witness in support of its case. The defence is always in an advantageous position it can suggest alternative defence case to the prosecution witnesses. If the defence version lends support from the......hai Thakur Vs. State of Gujarat, AIR 1964 SC 1563; Bhikari Vs. State of Uttar Pradesh, AIR 1966 SC 1; Fayasena Vs. Reginam, (1970) 1 All ER 219. Lawyers Involved: Nikhilesh Dutta, Deputy Attorney-General, with Mohammed Abdul Baset, Assistant Attorney-General and Fara Mahmuda, Assistant Att...... a copy of his judgment for future reference. Send down the lower court records. Ed. This Case is also Reported in: 57 DLR (2005) 289. ..Category: Criminal Law, Evidence Law | Date: 20 Jan, 2004 | Hits: 5
State Vs. Bahar Miah, 2004, 33 CLC (HCD)
....er assaulted Shamima to death for dowry. Therefore, these statements are not legally admissible in law. The learned Judge of the Tribunal illegally recorded the statements of the witnesses or, in the alternative, he illegally allowed the public prosecutor to lead such inadmissible evidence. 8. Th......bdul Matin and others Vs. State, 42 DLR 286; Asiman Begum Vs. State, Criminal Appeal No. 793 of 1996; Sukh Lal Vs. Tara Chand ILR (1906) 33 Cal 68(FB). Lawyers Involved: Md. Baset, Assistant Attorney General and Fara Mahmuda, Assistant Attorney General ‑ For the State – Petitioner. Oziu......he offence for taking necessary steps in accordance with law as per observations made above. The connected appeals are allowed accordingly. Ed. This Case is also Reported in: 56 DLR (2004) 454. ..Category: Women and Children | Date: 18 Jan, 2004 | Hits: 163
Mirpur Mazar Co-Operative Market Society Ltd. Vs. Capital Tower (Pvt) Ltd & Ors., 2006, 35 CLC (AD)
....ted in 1992, that amongst the objects, one is to carry on business of clinic and hospital, that the Company applied to the authority seeking lease of the land in question or, in the alternative, another specified plot for the purpose of construction of a hospital building and after......Petitioner vs Capital Tower (Pvt) Ltd & Ors...Respondents Judgment January 18th, 2004 Lawyers Involved: Dr Kamal Hossain, Senior Advocate, instructed by Md Nawab Ali, Advocate-on-Record—For the Petitioner. Khondke......mode of allotment of the plot in question. 12. In view of the discussions made herein over we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ..Category: Property Law | Date: 18 Jan, 2004 | Hits: 86
Md. Rahimuddin Mia (Bharasa) Vs. The Registrar of Trade Marks and another, 2003, 32 CLC (HCD)
.... alternate remedy is available against the decision of the Registrar. In the event of rejection of an opposition he can file an appeal under section 76 of the Act to the High Court Division or in the alternative can file a rectification case under section 46 of the Act. The remedy is parallel to eac......of label, get up and design. There will be no order as to costs. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 233. ...... 1999 Karachi 281 that both the sections, namely- sections 46 and 76 of the Act are independent of each other and once an aggrieved party resorts to the forum of Registrar under the Act then his only remedy lies, if any, by way of appeal and cannot invoke the jurisdiction under section 46 of the Act..Category: Intellectual Property Law | Date: 15 Dec, 2003 | Hits: 18
Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)
....ombination of contracts (packages), Bidders wishing to offer any price reduction for the award of more than one contract shall specify in their Bid the price reductions applicable to each package, or alternatively, to individual contracts within the package. Price reductions or discounts shall be su......s also Reported in:......in an international, tender and consequently they were not entitled to invoke the jurisdiction of the High Court Division under Article 102 of the Constitution basing their claim in a contract; their remedy, if any, lay in a civil court; that in order to camouflage the issue they wore a mask of Patr..Category: Others | Date: 10 Dec, 2003 | Hits: 261
Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)
....arty who has lost in revision before the Sessions Judge under section 493A. But it must be clearly borne in mind that the jurisdicÂtion under section 561A is not to be used as an additional or an alternative jurisdiction. The powers thereunder being extraordinary in nature should be exercised ......of the Cr.P.C. to go to competent civil court…………….(18 & 20) The Code of Criminal Procedure, 1908 (V of 1898), Sections 439A & 561A A revision petition cannot be brought before the High Court Division in the camouflage of a petition under section 561A. In a very rare case ......h Court Division in the camouflage of a petition under section 561A. In a very rare case High Court Division will exercise its jurisdiction under section 561A when the party has already exhausted the remedy of revision to prevent abuse of process of court or failure of justice…………………â€..Category: Property Law | Date: 27 Aug, 2003 | Hits: 414
DU rep. by its VC Vs. Associated Engineering & Drillers, 2004, 33 CLC (AD)
....sts. The respondents are entitled to realise an amount of Taka 30,35,312 for which the execution case can proceed if the appellant fails to deposit the amount within 15 days from the date. Ed. ...... (Civil) Present: KM Hasan CJ Md. Fazlul Karim J SJR Mudassir Husain J Md. Hamidul Haque J University of Dhaka represented by its Vice-Chancellor .......Appellant &nb......of Civil Procedure. 9. Dr. M Zahir has however, submitted that ail amendment in the execution case could be had resorting to Order XXI rule 17(2) of the Code of Civil Procedure for any remedy that was made under Order XXI rules 11 (2) and 14 of the Code of Civil Procedure but no amen..Category: Civil Law | Date: 20 Aug, 2003 | Hits: 291
Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)
....orated in 1992, that one of the objects of the company is to carry on business of clinic and hospital, that it filed an application to the authority for the lease of the land in question or iii the alternative another specified plot for the construction of a hospital, that the authority field in......nbsp; August 18, 2003. Company Matter There is no bar in law for a company which is going to be registered to act in its name or on its behalf prior to registrat......previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
Debendra Kumar Saha & another Vs. Uttara Bank Ltd, 2003, 32 CLC (HCD)
..... They were asked to act as per law and thereafter the defendants sent Taka 3600 on 23‑5‑1980 under money order but the said money orders were refused by the plaintiff Bank. Finding no other alternative the defendants deposited Taka 3600 as rent for the years 1385 and 1386 BS to the rent co......tions-one is defaulter and another is bonafide requirement. Existence of any one of these two conditions is suffice to eject a tenant. From their own averments the defendants are habitual defaulters for not paying rents for the year 1385‑1386 BS. The Court of appeal below further found that the su......no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ..Category: Tenancy Law | Date: 12 Aug, 2003 | Hits: 3
....why he should not be committed to the civil prison.
7. It also appears in terms of Order XXI, rule 30 CPC every decree for the payment of money including a decree for the payment of money as the alternative to some other relief may be executed by the detention in the civil prison of the judgmen......tha Rin Adalat Ain, Artha Rin Adalat is a Civil Court having all the powers and jurisdiction under the Civil Procedure Code subject to the provision of the Artha Rin Adalat Ain and since the impugned order in question was passed in execution proceeding of the Artha Rin Adalat, the provisions of Code......y to issue necessary order for auction sale and/or civil warrant of arrest etc after compliance of the provisions of law.
Ed.
This Case is also Reported in: 57 DLR (2005) 245.
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Category: Civil Law | Date: 11 Aug, 2003 | Hits: 21
Hossain Shially (Fakir) Vs. State, 2003, 32 CLC (HCD)
....n the instant case, the prosecution failed to satisfy all these points inasmuch as evidence on record in no way justify the prosecution case. In view of such facts and circumstances, we find no other alternative but to hold that the prosecution has withheld some important witnesses for the reason be....................... Respondent Judgment July 19, 2003. Result: The appeal is allowed. Case Referred to- 19 DLR (SC) 259. Lawyers Involved: Md. Habibur Rahman Miah, Advocate ‑ For the Accused ‑ Appellant. ABM Waliur Rahman Khan, Assistant Attorney General ‑ For the Resp...... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 637. ..Category: Women and Children | Date: 19 Jul, 2003 | Hits: 162
Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)
....d any merit in the submissions of the learned Counsel for the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: ......be a citizen of a particular country could not be brushed aside in the absence of any positive contrary intention manifested so as to deprive him of a right to be a citizen of a country where he was born. In the instant case documents filed by the respondents to show that they are citizens of Bangla......the petitioners not being Bangladeshi citizens, the question of enforcement of their right to property does not arise and the writ petition was not maintainable for not availing the efficacious remedy within the period of limitation. (4) For that the High Court Division was wrong in tr..Category: Immigration and Citizenship Law | Date: 8 Jul, 2003 | Hits: 279
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
....in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 515. ......LR 486; 16 DLR (SC) 722; 16 DLR (SC) 731; M.O. Ghani Vs. A.N. Mahmood, 18 DLR (SC) 463; 18 DLR (Dhaka) 242; Mohd. Yusuf Vs. Chief Settlement Commissioner, 20 DLR (SC) 187; 39 DLR (AD) 1; AIR 1949 (Lahore) 131; Hari Bishnu Kamath Vs. Ahmed Ishaque, AIR 1955 SC 233; AIR 1958 (PUNJ.) 180; AIR 1966 (MAD......e right to file arbitration case before the Arbitrator and against the order of the Arbitrator there is also provision for appeal and revision and thus the contempt petitioner is not without any remedy in respect of amount of compensation. Here the contemner No.3 also asserted that the con..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
Jahanara Begum and others Vs. Hazera Khatun, 2003, 32 CLC (AD)
.... suit as plaintiffs in whom any right to relief in respect of or arising out of the same act or transaction or series of acts or transactions is alleged to exist, whether jointly, severally or in the alternative, where, if such persons brought separate suits, any common question of law or fact would......y 12, 2003. Result: Appeals are allowed. Cases Referred to- Golam Kader Vs. Abdul Khaleque Choukder, 43 DLR (AD) 107, AIR 1931 PC 162. Lawyers Involved: T. H. Khan, Senior Advocate, (Mr. A. Quayum, Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record...... not sustainable in law and the same is accordingly set aside. In the result the appeals are allowed but without any order as to costs. Ed. This Case is also Reported in: ..Category: Contract Law | Date: 12 May, 2003 | Hits: 251
Bangladesh Biman Corporation, represented by MD Vs. Rabia Bashri Irene and others, 2003, 32 CLC (AD)
....iew of the already existing practice as regards absorption of the Stewardesses appointed initially on contract basis respondents are entitled to be absorbed as permanent employees of the Corporation, alternatively the respondents are entitled to have their contract renewed till attaining 57 years of......D) (2003) 132. ......sion was in error in holding that the writ petition is maintainable although for the redress of the grievance of the writ petitioners there is alternative forum where from they could have efficacious remedy and the High Court Division was also in error in overlooking the fact that writ petitioners..Category: Employment/Service Law | Date: 30 Apr, 2003 | Hits: 164
Motiur Rahman and others Vs. Chowdhury Md Mahfuzul Islam and ors., 2003, 32 CLC (AD).
....ve, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 104. ...... Md. Fazlul Haque J Motiur Rahman and others..............Appellants Vs. Chowdhury Md Mahfuzul Islam and ors.... …….Respondents Judgment ......ective unless it is expressly, or by necessary implication, given a retrospective effect. While interpreting a statute, the court is to look at the general scope and purview of the statute and at the remedy sought to be applied and consider what was the former state of the law and what is contemplat..Category: Others | Date: 24 Mar, 2003 | Hits: 87
Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)
....ourt Division in the company matter, we do not find any reason to grant leave against the said judgment. The petition is therefore, dismissed and the delay is condoned. Ed. ......; Judgment March 12, 2003. The Companies Act, 1994 (XVIII of 1994), section 233 The object of remedy under this section is to negate the impact of the prejudicial or other relevant misconduct on the part of the majority share holders. It may take any form that i......Homera Ahmed and others .......................Respondents Judgment March 12, 2003. The Companies Act, 1994 (XVIII of 1994), section 233 The object of remedy under this section is to negate the impact of the prejudicial or other relevant misconduct o..Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273
Aloke Nath Dey Vs. Govt. of BD. rep. by the DC, 2004, 33 CLC (AD)
....ntials of the debt is that it must be a really calculable amount. On consideration of the definitions of debt and the facts and circumstances of the case the High Court Division held that it had no alternative but to hold that the gold and silver ornaments lying with the Bangladesh Bank "can......on 372 The Transfer of Property Act, 1882 (IV of 1882), Sections 3 & 130 Debt: Ornaments lying in custody of the bank are a debt due to the owner of the same for the purpose of granting succession certificate by the District Delegate or District Judge under......the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: 11 Mar, 2003 | Hits: 436
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