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.... Shukhdev Singh Vs. Teza Singh, AIR 1954 SC 196 which proceed on the basis that the law of contempt of Court as understood by the Courts in this country is a valid law"
We are in respectful agreement with the principle of law in India in connection with the interpretation of Article 215 an......
Ekramul Haque Bulbul, reporter of the Daily Prothom Alo And others...........Respondents
Judgment
March 21, 2005.
Result:
The application is disposed of.
Cases Referred to-
Case No.6506 of 2000, State Vs. Chief Editor Manabjamin and others; State Vs. Brahma Prakas......ender them contemptible in the eyes of the public." At the same time, it is essential that confidence of the public in the Courts be maintained."
In Queen Vs. Gray 2 QB page 96 Lord Rassell of Killowen CJ defined contempt, inter alia, as any act done or writing published calculated to..
Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7
Abdul Latif Hawlader Vs. Sultan Miah and others, 2005, 34 CLC (HCD)
....t land in favour of the plaintiff and she did never give any undertaking to execute and register a kabala deed in favour of the plaintiff in respect of the suit land as alleged. In fact, there was no agreement between the plaintiff and the defendant No.1 in respect of transfer of the suit land. The ...........Petitioner Vs. Sultan Miah and others...............................Opposite Parties Judgment March 15, 2005. Result: The Rule is made absolute. Cases Referred to- Hossain Ahmed Chowdhury @ Ahmed Hossain Chowdhury and others Vs. Md. Nurul Amin and others,......1‑2001 passed by the Senior Assistant Judge (in charge), Gopalganj Sadar, Gopalganj in Title Suit No.120 of 1997. 2. The case of the plaintiff, in brief, is that the defendant No.1 proposed to sell the suit property to the plaintiff and the plaintiff agreed to the proposal. Thereafter, on the..Category: Tenancy Law | Date: 15 Mar, 2005 | Hits: 3
....s of the above VIP Tower advertisements were published by the Company for allotment of 520 shops and sale of 248 apartments and then the company received Taka 15 crore against allotments of shops and agreements for sale of apartments; the appellant No.2 in violation of the Article 53(d) opened Accou......Appellants
Vs.
Professor Shahabuddin Khaled Chowdhury & others....Respondents
Judgment
February 22, 2005.
Result:
The appeal is dismissed.
Cases Referred to-
Nahar Shipping Lines Ltd vs. Mrs Homera Ahmed, 9 MLR (AD) 58 = 56 DLR (AD) 36; Scottish Co...... shares of Taka 100 each and it was incorporated on 15-12-1993 mainly, to build a 22-storied super market cum residential apartment complex named VIP Tower at 125, Chatteswari Road, Chittagong and to sell the shops and apartments to be built therein, out of the four subscribers of the company the re..
Category: Company Law | Date: 22 Feb, 2005 | Hits: 364
Siraj Miah Vs. Mohammad Miah and others, 2005, CLC (HCD)
....ngla which they could not do and as such, Mohammad Miah instituted a suit in the year 1975 for Specific Performance of Contract. The defendant had no saleable interest in the suit land after the sale agreement with Mohammad Miah. 4. The learned trial Court was pleased to frame the following iss................Plaintiff-Petitioner Vs. Mohammad Miah and others.............Opposite Parties Judgment February 7, 2005. Result: The Rule is discharged. Cases Referred to- Pordil Khan Vs. Sufaid Gul and others, 1965 PLD (Peshawar) 259; Rupe Jahan Begum and others......t No.91 of 1977 renumbered as Title Suit No.52 of 1986 is hereby upheld. Send down the Lower Courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 356. ..Category: Property Law | Date: 7 Feb, 2005 | Hits: 2
Mustaque Hossain (Md). Vs. Md. Shajahan Miah and another, 2005, 34 CLC (AD)
....mi or fine either when a tenancy is being created or renewed or during its continuance. Under clause (b) no one is allowed to claim or receive a payment of more than one months rent, in advance. Such agreement for lease was void under section 23 of the Contract Act as its object was not lawful and t...... voluntary payment of salami in the commercial world did not make the tenant a non-ejectable one and no interest other than tenancy right recognised by law could be created on payment of salami so as to prevent the tenant not liable to be ejected on specific legal ground for the purpose…………â.......1 and 6 of the lease deed dated 13‑4‑1988 that after the death of the defendants their heirs shall inherit the tenanted premises and process continuously. The defendants were also given right to sell the possession of the suit shop rooms to the third party and third party shall enjoy all privil..Category: Tenancy Law | Date: 1 Feb, 2005 | Hits: 120
SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267. ............................Petitioner Vs. Government of Bangladesh and others.......Respondents Judgment January 16, 2005. Result: The Rule is discharged. Cases Referred to- Director of Housing and Settlement, Segunbagicha, Ramna, Dhaka Vs. Abdul Majid Howlader and...... was included in the list of enemy property in the Tejgaon Police Station VP Case No.566 of 1969 at the behest of certain interested quarters. For proper utilization and management including power to sell off the land, Mrs. Rozario executed and registered a general power of attorney in favour of her..Category: Property Law | Date: 16 Jan, 2005 | Hits: 7
Arshed Ali Sikder (Md.) Vs. Gouranga Chandra Shil and others, 2005, 34 CLC (HCD)
.... owner of the property in the suit and he transferred the property in favour of defendant Nos.1 and 2 on 29‑7‑69 at Taka 500 with a condition for reconveyance and on the same day they executed an agreement for the purpose and the agreement stipulates a period of 12 years. The plaintiff then file......ellip;……………………Opposite Parties Judgment January 10, 2005. Result: The Rule is discharged. Rules or procedures are made to subserve the ends of justice and not to defeat them Mere omission to sign and seal exhibits ...... stands vacated. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 57 DLR (2005) 635. ..Category: Property Law | Date: 10 Jan, 2005 | Hits: 2
Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)
....f Act, 1877 (I of 1877), Section 27 In view of the provisions of section 27 as the defendant no. 2 had acquired title to the property regarding which defendant no. 1 earlier entered into an agreement for sale with the plaintiffs and as the defendant no. 2 failed to establish that he purch...... Vs. Nurul Amin and others.......Respondents Judgment January 5, 2005. The Evidence Act, 1872 (I of 1872), Section 120 Competency of a witness to prove facts in issue- Facts which are within the knowledge of suitors if they did not dep......he defendant No. 1 (herein respondent No. 8) was the owner of the property described in schedules A, B, and C to the plaint, He entered into an agreement with the plaintiffs on January 22, 1981 to sell the said property for a total consideration of taka 1,00,000. In terms of the contract each of..Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147
Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)
.... decided the World Tel Holding would pay the consultancy fees of Consociates Ltd., who opined the proposal of World Tel Holding as acceptable and without calling for further international tender, the agreement was signed with World Tel Holding. These facts constitute illegal connivance and also to f..........Petitioners Vs. State..................................................Opposite Party Judgment January 4, 2005. Result: The Rules are discharged. Cases Referred to- AIR 1945 PC 156; Abdul Quader Chowdhury Vs. State, 28 DLR (AD) 38; 14 DLR (SC) 96; 14 DLR (......the Rules are discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 546. ..Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1
Mahadeb Chandra Mondal and other Vs. Dulal Chandra Mondal and other, 2005, 34 CLC (AD)
....ate Acquisition and Tenancy Act and those laws cannot be attacked on the ground of ultra vires; (2) any transfer of a holding or part thereof by a raiyat either by way of out and out sale with an agreement to reconvey or where the transferor receives from the transferee any consideration and......sident’s Order No. 88 of 1972 was promulgated long after the transaction was completed and the period of seven years as per the terms of the alleged Ekrarnama for reconveyance was over prior to such promulgation, the petitioner is not entitled to get back the land as per provisions under s...... Accordingly, the appeal is allowed without any order as to costs and Title Suit No. 174 of 1975 of the Court of Munsif, Second Court, dismissed without any order as to costs. Ed. ..Category: Property Law | Date: 4 Jan, 2005 | Hits: 137
Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....e directions herein above given. Let a copy of this judgment and order be supplied to the learned Deputy Attorney General for compliance. Ed. This Case is also Reported in: 25 BLD (HCD) (2005) 83. ....... Ruhul Quddus-For the Petitioners. Not represented-the Respondents. Writ Petition No. 1043 of 1999. Judgement Shah Abu Nayeem Mominur Rahman J.-This Rule was issued upon the respondent Nos. 1-5 to show cause as to why they should not be directed (a) to take necessary steps and action to ensure......s issued upon the respondent Nos. 1-5 to show cause as to why they should not be directed (a) to take necessary steps and action to ensure that all licensed manufacturers of salt do produce, pack and sell salt with Iodine content conforming with the quality and standard as specified in the Iodine Di..Category: Health Law | Date: 14 Dec, 2004 | Hits: 239
Kishore Kumar Roy Vs. Md. Anwar Hossain & another, 2004, 33 CLC (AD)
....r ejectment of tenant and compensation stating, inter alia, that the plaintiffs were owners of the suit premises by purchase from one Maleka Begum with whom the defendant opposite party had a tenancy agreement dated 24.07.1980. Accordingly after the purchase of the suit premises by the plaintiffs, t......owab Ali Advocate-On- Record- For the Petitioner. Dr. M. Zahir, Senior Advocate, insÂtructed by Sufia Khatun, Advocate-On-Record- for Respondent Nos. 1 & 2. Civil Petition for Leave to Appeal No. 701 of 2003. Judgment MM Ruhul Amin J.- This Petition for leave to appea......there is nothing to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15. ..Category: Property Law | Date: 12 Dec, 2004 | Hits: 62
Regent Ken International Ltd Vs. Amanat Shah Ship Breaking Industries Ltd, 2004, 33 CLC (HCD)
....r, he points out, the so-called agent filed Admiralty Suit No.16 of 2000 against the owner of the vessel (the instant petitioner) claiming their dues. He submits that in such circumstances the agency agreement with Viking Associates Ltd. would certainly have ceased, at the latest when they filed a s......s. Amanat Shah Ship Breaking Industries Ltd.................Plaintiff Opposite Party Judgment November 30, 2004. Result: The miscellaneous case is allowed. Case Referred to- Manager Jammu & Kashmir, State Property in Pakistan Vs. Khuda Yar and another, PLD 1975......urt within 10 days, failing which this order of restoration shall stand vacated. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 234. ..Category: Admiralty Law or Maritime Law | Date: 30 Nov, 2004 | Hits: 6
Amir Hossain (Md.) Vs. Government of People's Republic of Bangladesh & others, 2004, 33 CLC (HCD)
....f Settlement has failed to take note of the said legal and factual position that the petitioner had obtained a sale deed in respect of the said house property from a competent Court showing the valid agreement for sale. The government did not take any step to set aside the said decree and recover po......and 5 (1) (a) of Ordinance No.54 of 1985. The Court of Settlement has wrongly approached these problems as if it was a Court for determination of title of the said house property. Cases Referred to- Zahir Miah (Md.) Vs. Government of Bangladesh represented by the Secretary, Ministry of Pub...... question from the "Ka" list of the abandoned buildings within 2 months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 332. ..Category: Abandoned Properties Law | Date: 27 Nov, 2004 | Hits: 13
Civil Engineering Co Vs. Mahkota Technology SDN BHD and others, 2004, 33 CLC (HCD)
.... SDN BHD and others..........Opposite Parties Judgment November 10, 2004. Result: The Rules are discharged. Legal proceedings by a party against other party to an arbitration agreement Where a party to an arbitration agreement initiates legal proceedings against other p......Mahkota Technology SDN BHD and others..........Opposite Parties Judgment November 10, 2004. Result: The Rules are discharged. Legal proceedings by a party against other party to an arbitration agreement Where a party to an arbitration agreement initiates legal proceedin...... the Ministry of Law and Parliamentary Affairs for necessary correction of the English text of the Arbitration Act, 2001. Ed. This Case is also Reported in: 57 DLR (2005) 734. ..Category: Arbitration Law | Date: 10 Nov, 2004 | Hits: 12
Bangladesh Jute Corporation Vs. AB Jute Ltd, 2004, 33 CLC (HCD)
....t Appeal No.528 of 2001 and No.529 of 2001. 15. Mr. TH Khan and Fazlul Karim, learned Senior Advocates on behalf of the Corporation, submitted that the parties did not enter into any arbitration agreements in any of the cases, entire proceedings of arbitration were therefore without jurisdictio......;…………………………….Respondent Judgment August 18, 2004. Result: The Appeals are allowed. Cases Referred to- Chellappan Vs. Secretary Kerala Electricity Board and another, AIR 1975 SC 230; Waverly Jut...... Awards dated 2‑5‑95 and 24‑6‑96 are accordingly set aside. Send down the records. Ed. This Case is also Reported in: 57 DLR (2005) 663. ..Category: Arbitration Law | Date: 18 Aug, 2004 | Hits: 8
Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)
.... the Corporation for exemption of 50% interest. The plaintiffs, on the other hand, did not try to get the sale deed registered by paying the rest consideration money. In such circumstances as per the agreement, the appellant is entitled to the forfeiture of Taka 1,00,000 out of the earnest money. Du......ip;…………………………….Respondents Judgment July 28, 2004. Result: The Appeal is allowed. Cases Referred to- Latfur Rahman and others Vs. Golam Ahmad Shah and others, 39 DLR (AD) 242; Santosh Kumar Pa......took lease of the same and constructed building therein by approving plan from the DIT. Defendant wished to purchase another property of more output and to procure money for the same he advertised to sell the suit property and respondent Nos.1 and 2 agreed to purchase the same. Accordingly, the matt..Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....ul Haque is in possession of 19 sataks of land and the plaintiff failed to prove that the defendant No.1 entered into the suit land as tenant of the plaintiff. She did not produce any deed of tenancy agreement or rent receipts in this respect and her witnesses are partisan and their evidence are not......s Judgment July 27, 2004. Result: The Rule is discharged. Easement Act (V of 1882); Section 60 Possession is the objective realisation of ownership. It is the de facto exercise of a claim to certain property and a de facto counterpart of ownership. Possession is a ......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. ..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
Chairman, RAJUK Vs. MN Alam and Associates Limited, 2004, 33 CLC (HCD)
....open to a party to the contract was to move the Court under section 8(1)(a) of the Act for appointment of an arbitrator. None of the parties has any right to appoint any arbitrator independent of the agreement and ask other party to concur. The course adopted by the consultant could only be accepted....................................Respondent Judgment July 27, 2004. Result: The Appeal is allowed and Rule is disposed of. In the circumstances and on the failure of the parties to concur in the appointment of an arbitrator, only course open to a party to the contract was to mo......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. ..Category: Arbitration Law | Date: 27 Jul, 2004 | Hits: 8
....in order to deny the charge brought against him though he has ensured his presence on the date of examination-in-chief on 28‑5‑1998. Moreover, the complainant-opposite party has also produced the agreement Exhibit 1 in support of his payment to the tune of Taka 16,00,000 (sixteen lakh) to the ac...... others...........Petitioners
Vs.
Md. Habibullah and another......................Opposite Parties
Judgment
July 19, 2004.
Result:
The Rule is discharged.
According to section 138 of the Act (XXIV of 1881), a cheque drawn by a person for payment of any amount of mo......ion the Rule is discharged.
Sent down the Lower Court Records along with a copy of this judgment to the concerned court at once.
Ed.
This Case is also Reported in: 57 DLR (2005) 603.
..
Category: Banking Law, Criminal Law | Date: 19 Jul, 2004 | Hits: 3
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