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M. A. Mazid and another Vs. The Chairman, Chittagong Port Authority and others, 2006, 35 CLC (AD)
..... Section 18 of the Chittagong Port Authority Ordinance 1976 empowers the Chittagong Port Authority to permit erection and maintenance of private docks. The Chittagong Port Authority entered into the agreement with the CUFL and KAFCO on 01-01-87 and 24-07-94 regarding operation and realisation of be......hnabish, Advocate-on-Record- For the Petitioners. Habibul Islam Bhuiyan, Senior Advocate, instructed by Mahmuda Begum, Advocate-on-Record- Respondents Nos. 1-4. Civil Petition for Leave to Appeal No. 749 of 2004 (From the judgment and order dated 5th January 2004 passed by the High C......cause as to why impugned order (Annexure-G and H to the writ petition) vide No. DC/BS/271/2356 dated 16-07-1997 issued by respondent No. 4 preferring a bill of Tk. 1,68,00854.48 for VAT as charge and sell charges in respect of the delivery of vessel M.V. Blue North (Annexure A) should not be declare..Category: Fiscal/Taxation Law | Date: 18 Jul, 2004 | Hits: 109
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....edule A to the plaint with the plaintiffs properties situated at Jalpaiguri in India along with 10 shares of Nipuchapur Tea Estate described in schedule‑B to the plaint. Thereafter, a deed of agreement was drawn up and signed by the parties in September, 1960 and in terms of the deed of agr......of the trial court can be reversed by the Appellate Court? High Court Division as the final court of fact without considering the evidence and materials on record and without adverting to the reasoning given by the trial court reversed the findings of the trial court. Therefore, ......pports the case of the defendant No. 1 and not the plaintiff as it is the consistent case of the defendant No. 1 that as owners of both the disputed property and Kusumlaya were not willing to sell the property for cash money he had to make exchange deed but later on he paid cash money to th..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Oriental Bank Ltd. Vs. Rina Alam and another, 2004, 33 CLC (AD)
.... deed dated 28‑10‑1968, and original deed of sale dated 22‑2‑1973 in the bank. On 17‑3‑1988, AB Siddiq Ludu also executed other charge documents. Thereafter, the plaintiff executed the agreement to create further charge on 9-3-1989. The cost Marine Line Ltd. have failed to adjust the...... upon or any decision arrived at by the Artha Rin Adalat and, as such, the issue that has been decided on evidence in the instant suit could not operate as res judicata as no such issue was framed as to whether the property was the subject‑matter of mortgage arrived at or decided in the previous A......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. ..Category: Civil Law | Date: 5 Jul, 2004 | Hits: 171
.... and construct a 22 kilometre gas line in Sylhet, officially known as Jalalabad off plot pipelines facilities bearing contract No. 5169 and the plaintiff on February 28, 1997 executed a subÂcontract agreement with the Gulf Inter State Engineering Company, a USA‑based Company to execute design eng......; 2
The Arbitration Act, 1940, Sections 3(1)(4)
The law as in sections 3(1) and 3(4) of the Act barring the Court from granting an order of injunction is limited in application as to the arbitration being held in Bangladesh, but not as to matter restraining a particular party fro......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.
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Category: Civil Law | Date: 21 Jun, 2004 | Hits: 321
State Vs. Md. Delwar Hossain Faraji, 2004, 33 CLC (HCD)
....stances presented by prosecution and on the basis of the circumstances reached conclusion that the husband Md. Delwar Hossain Faraji was the culprit who killed his wife Hasi Begum. We are in complete agreement with the decision rendered, reasons counted in rendering decision and conclusion reached b......Md. Delwar Hossain Faraji…………Convict (in abscondence) Judgment May 18, 2004. Result: The Death Reference No.39 of 2001 is accepted. Cases Referred to- Gourangh Kumar Saha Vs. State, 2 BLC (AD) 126; Abdul Matleb Howlader Vs. State, 6 BLC (AD) ......lice, Dhaka. iv. Superintendent of Police, Pirojpur. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 264. ..Category: Criminal Law | Date: 18 May, 2004 | Hits: 3
Sultan Miah (Md) Vs. Kazi Abu Siddique and others, 2005, 34 CLC (AD)
.... the title deed came to the finding that the suit land has been properly described and identified by the plaintiff and held that this conclusion of the appellate Court is not correct. We are fully in agreement with the findings of the learned Single Judge. Now regarding possession of the plaintiff i...... Roushan Ali, Advocate, instructed by Md. Ataul Haque, Advocate‑ on‑ Record‑ For the Petitioner. Not represented‑ The Respondents. Civil Petition for Leave to Appeal No. 162 of 2003. (From the judgment and order dated the 7th August, 2002 passed by ......ned. Judgment of the, High Court Division causing failure of justice in making the Rule absolute. Therefore, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..Category: Civil Law | Date: 8 May, 2004 | Hits: 825
Asadul Hoque, Trading as Samrat Shoe Vs. Registrar of Trade Marks & another, 2004, 33 CLC (HCD)
....ar of Trade Marks by his letter dated 13‑1‑1997 informed the respondent that the proprietorship of the said trade mark having been transferred in the name of the present appellant by virtue of an agreement dated 4‑3‑1996, there was no scope of considering the application filed under TM-12. O......by the Registrar of Trade Marks is set aside. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 565. ...... observations made hereinbefore. The impugned order passed by the Registrar of Trade Marks is set aside. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 565. ..Category: Others | Date: 5 May, 2004 | Hits: 4
Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)
....rmination thereof and is usually passed in furtherance of any suit or proceeding of the cause of grievance pending before any particular Court. 10. In view of the above, we are in respectful agreement with the principle laid down in the aforesaid decision of the Supreme Court of India and a......l is not equally efficacious and effective but not when such remedy is avoided of…..(7) (ii) It is the principle of law that an ad interim order could be passed only in aid of or ancillary to main relief that may be available upon final decision of any right in any suit or proceeding pend...... 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: ..Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175
Abdul Jabbar Vs. Md. Lokman Hossian, 2006, 35 CLC (AD)
....ion of the petiÂtioner from the suit premises on the ground of default in the payment of rent. It was the case of the plaintiff that the defendant, herein petitioner, was a tenant under him, that an agreement was entered into on 3.2.1988 between the plaintiff and the defendant in respect of the sui......tructÂed by Md. Nawab Ali, Advocate-on-record-For the Petitioner Nurul Amin, Advocate, instructÂed by A.K.M. Shahidul Huq, Advocate-on-record- For the Respondents Civil petition for leave to appeal No. 528 of 2003. (From the Judgment and Order, dated February 9, 2003 passed by the Hig...... 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. ..Category: Tenancy Law | Date: 21 Apr, 2004 | Hits: 69
Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)
.... The Appeal is allowed. Appointment of Arbitrator by the Court Section 20(4) empowers the Court to make an order of reference to the arbitrator appointed by the parties, whether in the agreement or otherwise. The Court can appoint an arbitrator only when the contract did not name any ........Appellant Vs. A Latif & Company Ltd...................................Respondent Judgment April 11, 2004. Result: The Appeal is allowed. Appointment of Arbitrator by the Court Section 20(4) empowers the Court to make an order of reference to the arbitrat......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. ..Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3
Ananda Builders Ltd. Vs. Bangladesh Inland Water Transport Authority and others, 2004, 33 CLC (AD)
....ts Unlawfully declined to claim the money from the World Bank. (2) The High Court Division has committed error in law in holding that the contract was an ordinary commercial one inasmuch as the agreement has given rise to international obligation and, as such, it cannot be termed as an ordinar......ngladesh Inland Water Transport Authority and others…....Respondents Judgment April 6, 2004. The Constitution of Bangladesh, 1972, Article 102 When the contract is entered into by a public authority in exercise of its statutory power in terms of statutory provisions any bre...... 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. ..Category: Constitutional Law | Date: 6 Apr, 2004 | Hits: 215
Nurul Huq (Md) @ MN Huq Vs. Nirmal Chandra Dutta & anr., 2004, 33 CLC (AD)
....e the respondent Nirmal Chandra Dutta filed the suit alleging that he did not execute or file any solenama nor appointed Mr. Abdus Satter as his Advocate nor authorised him to enter into any solenama agreement. The suit was contested by the appellant and the trial Court after recording evidence dism......he signature appearing on the solenama and genuineness of the signature having been seriously denied by the defendant respondent and emphatically asserted by the appellant appeal has been remanded to the High Court Division with a direction to hear the appeal a fresh after obtaining report from ......ave been executed by the respondent and to decide the appeal iii accordance with law. The plaintiff of the suit shall bear the costs of the examination by the Handwriting Expert. Ed. ..Category: Property Law | Date: 5 Apr, 2004 | Hits: 103
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
....peal, but were considered and repelled in the judgment under review, in an effort to discover errors said to be apparent on the face of the record." 23. We are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subj......e reversed in review basing on the evidence already on record when a different opinion could be arrived at on fresh evaluation of the evidence………(14) Cases Referred to- Zenith Packages Ltd vs Member, Labour Appellate Tribunal, Dhaka and others 52 DLR......e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ..Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332
Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)
....a first Court of appeal could have compared the signatures themselves, that the High Court Division erred in law in sending the case on remand for examination by a Handwriting Expert when the deed of agreement was proved by the plaintiff himself and by two other attesting witnesses, PWs 2 and 3 and ......ents Judgment March 20, 2004. The Code of Civil Procedure, 1908 (V of 1908) Section 107(2) The Evidence Act, 1872Â (I of 1872) Section 73 The High Court Division is competent enough to compare signature of the defendant in the bianapatra with available authenticated signature of th......n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed...Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
.... trade organised with the object of discovering ways and means by which the member-mills may obtain larger profits in connection with their industries........"
In this case, we are hi total agreement with the conclusions reached by the learned Judge on the correct appreciation of the relev......n for more than 60 days and since the order of suspension dated 31‑5‑1998 of the first-party expired after the expiry of the said 60 days by efflux of time on 31‑7-1998, he would be deemed to be present in his place of work since 31‑7‑1998 and is also entitled to his full emoluments. ......
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.
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Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Akram Hossain (Md.) Vs. Sahera Khatun and others, 2004, 33 CLC (HCD)
....hat said suit-holding actually belonged to 3 sisters, namely, opposite party No.1 Sahera Khatun, and opposite party No.2 Morjina Begum and one Nazma Begum. Said three sisters, in fact, entered into a agreement with said third party for sale of the suit holding at a consideration of Taka 36,00,000 an......e plaintiff’s case of alleged contract between the plaintiff and the defendant No.1 was genuine. If the contract with the plaintiff is found genuine then the subsequent transfer will be subject to the decision in the suit. Addition of opposite party in the suit cannot be said to be not ne......nt District Judge is directed to hear and dispose of the suit within a period of three months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 317. ..Category: Contract Law | Date: 8 Mar, 2004 | Hits: 5
Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
....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 early common law was largely conc...... In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ......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. ..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)
.... building on 11‑3‑82 but failed to do so in respect of the portion which is in possession of Jalil Brothers; Government expected that Jalil Brothers inducted by the Government would enter into an agreement of tenancy with the respondent No. 1 but instead Jalil Brothers instituted a suit against ......operty was declared abandoned, the appellant, not being in the same footing, can not claim the same right which a tenant inducted by the owner could claim……………………(16) Case Referred to- Md. Ayub vs. Bangladesh and others, 39 DLR (AD) 111. Lawyers Involved: Khondker Mahbub......ka, filed Writ Petition No. 288 of 1985 challenging the validity of Government orders declaring the aforesaid property as abandoned and also challenged the action of the Government inviting offers to sell the aforesaid property contending that the above holding was in effective control and managemen..Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133
Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)
....site party on presentation of a written objection putting forward contention: i) The transfer was not an out and out sale and sale deed under pre-emption proceeding was accompanied with an agreement of re-conveyance and the land was under a mortgage by Vendor petitioner in favour of Pre-......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Opposite parties Judgment January 20, 2004. Result: The rule is discharged. Right of Pre-emption Right of Pre-emption is a statutory right conferred upon a co-sharer either by way of a. inheritance or b. purchase or contiguity ...... 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. ..Category: Property Law | Date: 20 Jan, 2004 | Hits: 6
Abdus Sobhan Mandal (Md) Vs. Md. Jonab Ali Fakir & others, 2005, 34 CLC (AD)
....sputed transfer is an exchange not a sale has not been made with reference to any evidence and, as such, the finding of the appellate Court is not a correct finding in the eye of law. We are fully in agreement with the above findings of the high court Division. For all the above reasons, this petiti...... The High Court Division rightly decided the case holding that the summary finding of the appellate Court that the disputed transfer is an exchange not a sale has not been made with reference to any evidence and, as such, the finding of the appellate Court is not a correct finding in the ey....... We are fully in agreement with the above findings of the high court Division. For all the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..Category: Civil Law | Date: 18 Jan, 2004 | Hits: 264
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