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Abdul Jabbar Vs. Md. Lokman Hossian, 2006, 35 CLC (AD)

.... the High Court Division in making the Rule absolute. 12. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly the petition is dismissed. Ed. ......aintainable. It was also the contention of the defendant that the plaintiff has no bonafide requirement of the premises in suit. 4. The trial Court dismissed the suit upon observing that there is dispute regarding the ownership of the suit prem­ises between the parties and that in a pre­emptio..

Category: Tenancy Law | Date: 21 Apr, 2004 | Hits: 69

Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)

....d dated 22‑6-­2000 is accordingly set aside. The arbitration agreement now ceases to have any effect. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 656. ......zipur causing huge loss to the public exchequer. In view of such development, the instant contract was rescinded by a letter dated 12-4‑1947. Thereafter, the company never sought arbitration on any dispute under clause 25 of the contract but went to the Court for seeking appointment of an arbitrat..

Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3

Ananda Builders Ltd. Vs. Bangladesh Inland Water Transport Authority and others, 2004, 33 CLC (AD)

.... Court Division do not call for any interference. In the result the appeal is dismissed without any order as to costs. Ed This Case is also Reported in: 57 DLR (AD) (2005) 31. ......r than the contractual obligation, there is no scope for price adjustment to be made in favour of the appellant, more so these matters arose out of the alleged contractual obligation based on certain disputed questions of fact which cannot be decided under writ jurisdiction. 4. Mr. Rafique‑u..

Category: Constitutional Law | Date: 6 Apr, 2004 | Hits: 215

Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)

....hellip;………………… Respondents Judgment March 16, 2004. The Pourashava Ordinance, 1977 (XXVI of 1977), Section 13(1) (d) The resolution of no-confidence taken against the petitioner upon due compliance of relevant law and s......passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance.  Accordingly, the petition is dismissed.  Ed. ..

Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269

Chittagong City Corporation, represented by its Mayor and 3 others Vs. Md. Afzal Hossain and others, 2004, 33 CLC (HCD)

.... In the result, the Rule is made absolute with the above observations and directions. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 741.   ......ions, the learned Advocate relies on the two decisions of the Supreme Court of India mentioned above. 14. In the case of the Corporation of the City of Nagpur Vs. Its Employees, AIR 1960 SC 675, disputes arose between the Corporation and its employees of its various departments with regard to t..

Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4

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. ......ompanies Act, 1994. 3. The respondent company filed an affidavit­-in-opposition wherein they have contended that the applications are not maintainable in view of the fact that the claims are disputed by the company. The further case of the company is, that the company is willing to pay the ..

Category: Company Law | Date: 3 Mar, 2004 | Hits: 8

State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)

....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. ...... the provisions of Code of Criminal Procedure. From the medical evidence we find that the cause of death of Shafali Begum is due to injuries, which is ante-mortem and homicidal in nature. There is no dispute that the condemned prisoner is the husband of Shafali and that the dead body of Shafali Begu..

Category: Women and Children | Date: 1 Mar, 2004 | Hits: 164

Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)

....e matter in its proper perspective and we find no illegality or irregularity in the decision of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ...... February 18, 2004. The Bangladesh Abandoned Property (Control, Management & Disposal) Order, 1972, Article 10 The predecessor of the appellant having been inducted in the premises in dispute as an allottee of the government after the property was declared abandoned, the appellant, n..

Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133

State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)

....Anjuara Khatoon is sentenced to imprisonment for life. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277.   ...... Court, Jessore in Sessions Case No.182 of 1999. 7. Prosecution to bring home culpability of Anjuara Khatun put on witness box fourteen (14) witnesses. 8. Defence adopted was that over land dispute some other, persons killed Tipu Sultan. Innocence and false implication had been, also, insi..

Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7

Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)

.... parties to bear their respective costs of the litigation. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 69. ......tness in Agreement such as Shamsul Haq Ripon Sheikh and Scribe Abul Bashar had not been produced and examined by Vendor in proof of Agreement. E) vendor failed to substantiate that the land in dispute was under mortgage and sale deed in pre-emption proceeding is an out and out sale. F) ..

Category: Property Law | Date: 20 Jan, 2004 | Hits: 6

State Vs. Bahar Miah, 2004, 33 CLC (HCD)

....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. ...... Eunus Khan and Mannan Gazi were given per in curiam, and therefore, we do not feel that the matter should be referred for decision by a Full Bench. These decisions may be ignored. 25. There is no dispute that the condemned prisoner is the husband of the victim Shamima who admittedly died in his ..

Category: Women and Children | Date: 18 Jan, 2004 | Hits: 163

Md. Rahimuddin Mia (Bharasa) Vs. The Registrar of Trade Marks and another, 2003, 32 CLC (HCD)

....class 34 dated 5.5.94 together with its existing features 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. ......n submitted by Mr. Islam that both the marks are before this Court and if the court compares the marks which are identical to each other than the fraud would apparently be established and there is no dispute between the parties that both the marks are identical to each other and the opposite party N..

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)

.... Division in Writ Petition No. 1900 of 2003 making the Rule absolute are hereby set aside and the Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:......he has referred to the decisions in the cases reported in AIR 2000 SC 2573 and AIR 2000 SC 1005. The learned Counsel has further submitted that a private law contract between individuals resulting in dispute cannot be resolved in the writ jurisdiction and has referred to a decision in the case of AI..

Category: Others | Date: 10 Dec, 2003 | Hits: 261

Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)

.... good conscience." 30. In the background of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ......ercise the power to review its judgment or order since is a question of great public importance this Division is required to give its decision finally, in either of the ways. 16. There being no dispute that the Court is for dispensation of justice and in doing so is competent to exercise its d..

Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899

Shah Gauhar Jamil Palash Vs. Shah Md. Mansur, 2003, 32 CLC (HCD)

....e impugned judgment and order of the learned Sessions Judge is hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ......struction market on an area of .1650 Shahasrangsa of land forming a portion of 0.23 acre of land appertaining to plot No.3861/3891 of RS khatian No.321 of mouza Boalia, within Boalia Police Station a dispute arose between Shah Md. Monsur (opposite party No.1) and the present petitioner Gauhar Jamil ..

Category: Criminal Law | Date: 1 Nov, 2003 | Hits: 1

Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)

....6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ......ant further stated that after the ejahar was written, the Daroga did not read over it to him but he signed the same as Daroga asked him to put his signature. He denied the suggestion that due to land dispute, the accused persons were falsely implicated. He also stated that Parul Akther told him that..

Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107

Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)

....ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ......first party appellants to go to Civil Court for decision about title and possession over the suit property within one year from date and until a decision is given by the civil Court in respect of the disputed property the receiver shall continue in possession over the suit property as before and the..

Category: Property Law | Date: 27 Aug, 2003 | Hits: 414

General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)

....se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ......27. Point No.1 Plaintiff Bank traced its title on the strength of an allotment and the execution and registration of a lease deed from former D.I.T. now RAJUK who is said to have acquired property in dispute in a Requisition and Acquisition proceeding. 28. Plaintiff Bank put forward claim that D...

Category: Property Law | Date: 23 Aug, 2003 | Hits: 35

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. ...... followed by issuance of a work order. The respondent accordingly, started construction and also received payment. Ultimately, the respon­dent submitted a bill of Taka 1,37,66,309.47 which was disputed by the appellant. Thereafter, the respondent as plaintiff filed Title Suit No. 1316 of 199..

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)

....allotment of the land but the Directors of the Company signed the Memorandum and the Articles of the Company on June 7, 1992(f) that from the proceedings of the Allotment Committee it is seen that resolution Nos. 1‑13 relates to allotment of land in favour of the affected persons while the...... 477 and 8 BLC (AD) 111. The principle enunciated in the aforesaid cases that outside the scope of section 42 of the Specific Relief Act declaration can be sought for, in our opinion can hardly be disputed, but the fact remains that the relief so sought for by the plaintiff is at all available ..

Category: Property Law | Date: 18 Aug, 2003 | Hits: 216