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Badar Biswas & others Vs. State, 2005, 34 CLC (HCD)
....imited order of stay for 3 (three) months granted at the time of issuance of the Rule stood vacated for the lapse of time Ed. This Case is also Reported in: 57 DLR (2005) 770. ......t about 8 AM while her deceased husband proceeded to Narail the accused petitioner Nos.1‑7 and some other accused persons conjointly attacked him and brutally killed him out of previous enmity over dispute of taking lease of Chapil Ferry Ghat. It is further stated that when the trial was commenced..Category: Criminal Law | Date: 9 Jan, 2005 | Hits: 37
Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)
....est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ...... written statement similar to the written statement of defendant No. 1 and taking further plea that he was a bonafide purchaser for value without notice of the agreement for sale in respect of the disputed property. 5. The trial Court dismissed the suit on the finding that from the ..Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147
Jamir Ahmed Vs. Siddique Ahmed Sowdagor and others, 2004, 33 CLC (AD)
....ity in the judgment and order passed by the High Court Division. There being no merit in the leave petition, the same is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15 ......r alia, that the High Court Division on misconception of law discharged the Rule in not holding that the petitioner is a proper party to be added as defendant in the suit for adjudication of the real dispute and that without considering the scope of Rule 10(2) of Order I of the Code of Civil Procedu..Category: Civil Law | Date: 12 Dec, 2004 | Hits: 156
Hasina Begum and others Vs. Chairman, RAJUK and others, 2004, 33 CLC (HCD)
....petitioner and the land thus vested in Rajuk. The petitioners have no right to occupy Rajuk's land and the possession as alleged is unauthorised. He has further argued that pursuant to a decision/resolution taken in a meeting of the sub‑committee held on 10‑1‑92 the question of allocation ......n the year 1959‑60 and thereafter possession was taken over and banded over to Rajuk and subsequently, for the purpose of acquisition, gazette notification was published on 31‑8‑60 which is not disputed by the petitioner and the land thus vested in Rajuk. The petitioners have no right to occup..Category: Property Law | Date: 4 Dec, 2004 | Hits: 2
Md. Muinuddin Zulfiquer Vs. Ministry of Shipping and others, 2004, 33 CLC (AD)
....light of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 132. ......ing of the respondent No.5 the writ-petitioner's contention that the respondent No.5 is junior to him is not tenable, that the writ petition has been filed for the speculative purpose of creating a dispute and to delay the promotion of the respondent No.5 who is fully eligible for promotion on a..Category: Employment/Service Law | Date: 4 Dec, 2004 | Hits: 5
Bangladesh Jute Corporation Vs. AB Jute Ltd, 2004, 33 CLC (HCD)
....ration but none of them appears to feel any sensitivity to such objection. Such indifference and insensitivity on the part of an arbitrator and of the Court tends; to make the century‑old system of resolution of disputes through arbitration questionable and unreliable. 40. Regarding issue No.......he notice, the Corporation appeared and opposed the application by filing a written objection. A Tribunal of Arbitration was however constituted, which took cognizance of the claims of the company as disputes. On 2‑5‑95 the tribunal gave an award of Taka 50, 66,111.52 in favour of said company a..Category: Arbitration Law | Date: 18 Aug, 2004 | Hits: 8
....sequently, the Law Consultants wrote a letter dated 14‑1-82 requesting the bank to ask the defendant company to submit certified copy of memorandum of articles of association, list of directors and resolution of the Board of Directors of the company. The Law Consultants also intimated that they we......ion of goods, etc., irrevocable power of attorney and letters of guarantee were dated 18‑1‑82 for a principal sum of Taka 1,50,00,000 only, Exhibit 1 to 1(Uma) and Exhibit 2 to 2 (Kha). It is not disputed that such credit facility for said Taka 1, 50, 00,000 was never sanctioned by the bank. Mos..
Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4
SM Salim Vs. Chairman, Chittagong Club Ltd. and others, 2005, 34 CLC (AD)
....eads to support the allegation of the first party that the termination was, in fact, a victimisation for his trade union activities. These petitions are accordingly dismissed. Ed. ......n in the case of Bangladesh Tea Estate Ltd vs. Bangladesh Tea Estate Staff Association reported in 28 DLR (AD) 190 for his proposition that the termination of the service of a worker may lead to a dispute which under certain circumstances may be a labour dispute. Though section 25 of the Employm..Category: Employment/Service Law | Date: 1 Aug, 2004 | Hits: 100
State Vs. Md. Amir Hamza, 2004, 33 CLC (AD)
....the discussion made above we do not find any substance in the leave petition. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 26. ......d, mentioned their names, adding that there were other assailants with them committing the murder. It was further stated in the First Information Report that the accused Hazi Riazuddin alias Moni had dispute with deceased Amir Shakil regarding lease of cattle market and Zinzira Kacha Bazar and havin..Category: Criminal Law | Date: 31 Jul, 2004 | Hits: 115
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....t No.5 of 1985 is hereby upheld. Send down the lower Court's Record at once. Ed. This Case is also Reported in: 57 DLR (2005) 702. ......to acquire title to the property by adverse possession 29. Mr. Mahbubey Alain has relied upon the case of Jogendra Nath Vs. Amulya Chandra Sarker and others, reported in 44 DLR (AD) 147. But the dispute arose in that case was out of a Will and extinction of title on the basis of will by adverse..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
Chairman, RAJUK Vs. MN Alam and Associates Limited, 2004, 33 CLC (HCD)
....f stay granted at the time of issue of the Rule on 4‑9‑02 is recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 626. ......improperly procured or is otherwise invalid. An arbitrator derives his jurisdiction from the arbitration agreement as executed by the parties. He is empowered by the parties to decide only those disputes which are referred to him………………….(24-26) ..Category: Arbitration Law | Date: 27 Jul, 2004 | Hits: 8
Abdul Malek Sawdagar Vs. Md. Mahbubey Alam and others, 2004, 33 CLC (AD)
....rts concerned, which would independently dispose of the same on the materials, evidence in the suit and in accordance with law. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 18. ......e High Court Division in Appeal from Original Decree No. 27 of 1988 allowing the appeal. 2. The plaintiff‑respondent Nos.1‑3 instituted Other Suit No.71 of 1987 for declaration of title to the disputed property and for declaration that order dated 30‑6‑1986 and 11‑6‑1987 are illegal, ..Category: Civil Law | Date: 20 Jul, 2004 | Hits: 160
M. A. Mazid and another Vs. The Chairman, Chittagong Port Authority and others, 2006, 35 CLC (AD)
....equires adjudication of factual aspect by evidence" in the impugned judgment is hereby expunged. With above expunction of the redundant observation, this petition is dismissed. Ed. ......of the Chittagong Port authority to give effect to the condition precedent attached to the order of releasing the ship passed by the Court on 18-08-1997. The High Court Division has observed that the dispute between the petitioners and the City Bank as to the genuineness of the bank guarantees furni..Category: Fiscal/Taxation Law | Date: 18 Jul, 2004 | Hits: 109
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
....f the trial Court restored. The suit is decreed as prayed for. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 774. ......Bakar Siddique, 35 DLR (AD) 42; Badal Kanti Das Vs. Abul Hashem and ors, 47 DLR (AD) 6 and Md. Abdul Nasir and ors Vs. People's Republic of Bangladesh and another 28 DLR 392. 14. There is no dispute that by successive devolutions, the plaintiff Zamini Bala Das ultimately acquired the suit l..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....ment of the High Court Division is not at all a proper Judgment of reversal. Accordingly, the same is liable to be interfered with. The appeal is thus allowed with cost. Ed. ......nded by the plaintiff. The plaintiff thereafter permanently left India and came to live in the then East Pakistan on 25‑3‑1961 and on his demand said Salamatullah promised to leave the disputed property soon. In April, 1962 Salamatullah was transferred to Karachi but he left for Kara..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Oriental Bank Ltd. Vs. Rina Alam and another, 2004, 33 CLC (AD)
....nsel for the petitioner to interfere with the impugned judgment of the High Court Division. This petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 51. ......d another agreement for creating further charge on the deed for the loan of Coast Marine Lines, Limited Admittedly, no issue on the basis of the said denial of the parties was framed regarding the disputed nature of mortgage as alleged in the said Artha Rin Adalat Suit. DW, 1 Mr. Azfar Ahmed, an ..Category: Civil Law | Date: 5 Jul, 2004 | Hits: 171
Rajshahi Development Authority Vs. Sultan Ahmed, Advocate and others, 2005, 34 CLC (AD)
....ury, that has been suffered by the writ‑petitioner and is confined to thefacts and circumstances of this case only. The appeal is dismissed without any order as to costs. Ed. ......caused substantial injury to the owner of the land under acquisition. In the case of Abdul Gafur Khan and another vs. Government of Bangladesh and others reported in 42 DLR (AD) 99 which arose out of dispute regarding assessment of compensation in which the learned Judge of the High Court Division f..Category: Constitutional Law | Date: 29 Jun, 2004 | Hits: 232
....ot find any reason to interfere with the judgment and order of the High Court Division.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:56 DLR (AD) 166.
......on denying the averments made in the petition for temporary injunction and have stated, inter alia, that the subject matter of the suit, in which prayer for injunction has been made, arising out of a dispute over a claim and counter‑claim between the parties under a contract signed on April 7, 199..
Category: Civil Law | Date: 21 Jun, 2004 | Hits: 321
AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)
....aid appeal was heard and dismissed on merit, the Civil Petition for Leave to Appeal No. 826 of 1998 shall also stand dismissed without any order as to costs. Ed. This Case is also Reported in: ......r. illegal nor in‑ contravention to the conditions laid down in the advertisement or offer of appointment of the appellants and that the provision of rule 3(g) has been made to apply to resolve the dispute regarding seniority of the appellants belonging to the special batch of 1982 and officers of..Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128
Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)
.... above of the High Court Division not being sustainable in law is hereby set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: ......alf of the respondents that the writ petition is incompetent inasmuch as the petition was made without first availing of the remedies available under the Act by way of appeal and revision against the disputed orders of requisition. It is true section 4A of the Act as inserted by Ordinance No. III ..Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175
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