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Civil Engineering Co Vs. Mahkota Technology SDN BHD and others, 2004, 33 CLC (HCD)
....n and obtained the Rule and got an ad-interim order of stay of operation of the order. 7. Defendant No.1 also moved similar revision application against that part of the order, which refused the prayer for rejection of the plaint and obtained latter Rule and an order of stay of further proceedi......uit. Nor there could be expected of any such prohibition. Parties to an arbitration agreement may abandon by as hereunder, agreement to refer their disputes to arbitration or e discharged from the performance of the contract. The arbitration agreement may also be superseded. Civil suit is therefore,...... 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. ...... 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
.... for proceeding with the case against the respondent Nos.5 and 6 and the impugned order dated 9‑5‑2004 passed by the Metropolitan Sessions Judge, Dhaka in Special Case No.39 of 2004 rejecting the prayer for according sanction from the Office of the Hon'ble Prime Minister to proceed with the ...... No.2. Annexure‑D‑2, refusing to give sanction to Special Case No.39 of 2004 in the Court of the Metropolitan Sessions Judge. Special Court Dhaka arising out of Complaint Petition No.3795 of 2003 for proceeding with the case against the respondent Nos.5 and 6 and the impugned order dated 9‑5â€......made absolute in part without any order as to costs. The respondent No.4 is directed to proceed with the case in accordance with law.
Ed.
This Case is also Reported in: 57 DLR (2005) 730.
......made absolute in part without any order as to costs. The respondent No.4 is directed to proceed with the case in accordance with law.
Ed.
This Case is also Reported in: 57 DLR (2005) 730.
..
Category: Anti-Corruption Laws, Criminal Law | Date: 10 Nov, 2004 | Hits: 8
Dr. Alauddin Ahmed Vs. Md. Idris Ali Bhuiyan and others, 2004, 33 CLC (AD)
....so heard from both the parties. Referring to the application of the respondent No. 1 to call for the records in question, Mr. Rokonuddin Mahmud has drawn our attention towards the last portion of the prayer wherein prayer has been made to take the documents called for in evidence and for counting th......s……….......Respondents Judgment October 30, 2004. The Representation of People’s Order, 1972 (P.O. 155 of 1972), Article 31 The Election Tribunal is competent to call for election materials to see whether provisions of Article 31 of the Order has been violated or not......r that the impugned order calls for our 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) 14. ......r that the impugned order calls for our 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) 14. ..Category: Election Law | Date: 30 Oct, 2004 | Hits: 142
Hasina Begum Vs. Deputy Commissioner, Dhaka and others, 2004, 33 CLC (HCD)
....e Officer by order dated 8‑4‑87 directed for inquiry and report as to whether any other property was owned and possessed by said certificate debtor excepting the suit property. 9. But on the prayer of the informant, Mizanur Rahman Chowdhury 16‑9‑87 was fixed for examination of the witne......nate Judge, Court No.3 at Dhaka in Title Suit No.14 of 1991, which dismissed the suit. 2. On 21‑1‑91 the plaintiff instituted the suit against the Deputy Commissioner, Dhaka and three others for declaration of title in the suit land with building thereon fully described in the schedule to t......d auction sale is also declared without jurisdiction, illegal and void; and accordingly, quashed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 257. ......d auction sale is also declared without jurisdiction, illegal and void; and accordingly, quashed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 257. ..Category: Others | Date: 15 Aug, 2004 | Hits: 3
Yusuf Chowdhury (Md.) Vs. Administrator of Waqf and others, 2004, 33 CLC (HCD)
....‑04. Sole appellant died on 6‑11‑02. The appeal accordingly, abated as a whole long ago. We find no explanation furnished explaining the inordinate delay for setting aside the abatement nor any prayer was there for setting aside such abatement. There being no other appellant surviving, the app......tate, he is entitled to represent the waqf estate. Section 35 read with section 50 of the Waqf Ordinance, 1962 -Any person claiming an interest in the waqf is entitled to make a petition before the District Judge if he is aggrieved by any order or decision of the Waqf Administrator. Simil......nd of CS plot No.609 appertaining to CS Khatian Nos.208/198 was not waqf is thereby upheld. Send down the LC Record. Ed. This Case is also Reported in: 57 DLR (2005) 738. ......nd of CS plot No.609 appertaining to CS Khatian Nos.208/198 was not waqf is thereby upheld. Send down the LC Record. Ed. This Case is also Reported in: 57 DLR (2005) 738. ..Category: Trust/Waqf Law | Date: 11 Aug, 2004 | Hits: 1
....ector. Defendant Nos.4 and 5 mortgaged schedule ‘Kha’ property against the loan taken by defendant No.1, and also along with defendant Nos.2 and 3 executed bank guarantees.
4. On the prayer of defendant No.1, the plaintiff bank sanctioned overdraft facilities against CD account No.4...... allowed and The First Appeal No.47 of 1992 is dismissed.
Section 34, the Evidence Act, (I of 1872) 1872
Section 2(8), the Bankers Books Evidence Act, 1891 (Act No. XVIII of 1891)
Suit for recovery of bank dues
The entries in the books of account regularly kept by the bank in the......rculate the judgment to all banks for guidance.
Parties are directed to bear their own cost.
Send down the records at once.
Ed.
This Case is also Reported in: 57 DLR (2005) 643.
......rculate the judgment to all banks for guidance.
Parties are directed to bear their own cost.
Send down the records at once.
Ed.
This Case is also Reported in: 57 DLR (2005) 643.
..
Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4
SM Salim Vs. Chairman, Chittagong Club Ltd. and others, 2005, 34 CLC (AD)
....e the opposite party respondent No.3 challenging the order dated 29‑6‑1999 terminating the petitioner's service from the office of the opposite party‑respondent No.1 along with a prayer for arrear salary. The respondent No.3, the Chairman, Labour Court allowed the complaint cas......Abdur Rob Chowdhury, Senior Advocate, instructed by Md Nawab Ali, Advocate‑on‑Record‑For the Petitioner. Not represented‑The Respondents. Civil Petition for Leave to Appeal Nos. 656 & 657 of 2002. (From the judgment and order dated 3rd and 4......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. ......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. ..Category: Employment/Service Law | Date: 1 Aug, 2004 | Hits: 100
State Vs. Md. Amir Hamza, 2004, 33 CLC (AD)
....rcise of such discretion cannot ordinarily be questioned. Of course, the discretion must be shown to have been exercised judicially. So judgement and order of the trial court refusing the prayer for withdrawal from the prosecution and affirming the same judgement and order by the High Co......Respondent Judgment July 31, 2004. Result: The leave petition is dismissed. The Code of Criminal Procedure, 1898 (V of 1898), Section 494 To give consent or not for withdrawal of an accused from prosecution is a discretion of the Court. Exercise of such discret......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. ......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. ..Category: Criminal Law | Date: 31 Jul, 2004 | Hits: 115
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....on in not looking into the fact, why Upendra Nath lost his Partition Suit upto its appeal against the present plaintiff and why he was compelled to institute a Title Suit instead: especially, why his prayer for separate saham was refused. 24. The other important factor in this case is the inter......d a de facto counterpart of ownership. Possession is a right in the de facto relation of continuing exercise and enjoyment as opposed to the de jure relation of ownership. Possession is thus external form to justify and normally manifest in the possession in fact. Possession denotes the relationship......e Other Appeal No.24 of 1982 and on 14‑6‑1984 the appeal was allowed by the learned appellate Court, by its Judgment and decree, setting aside the Judgment and decree of the lamed trial Court and remanding the suit back to the trial Court with direction to the Learned Munsif to give an opportuni......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
Abdul Malek Sawdagar Vs. Md. Mahbubey Alam and others, 2004, 33 CLC (AD)
....pute the propositions of law submitted by the learned Counsel for the appellant but in the peculiar facts of the instant case when the suit for declaration that the property is a waqf property with a prayer for recovery of possession has been decreed and subsequently, the decree having been maintain......dated 25‑4‑1994 passed by the 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......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. ......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. ..Category: Civil Law | Date: 20 Jul, 2004 | Hits: 160
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
....aim of dispossession of the plaintiff on 12‑4‑99 from the suit land must be held to be hit by the proviso to section 42 of the Specific Relief Act. 32. It appears from the record that on the prayer of the plaintiff by order dated 5‑4‑99 the trial Court directed the parties to maintain s.......2 at Narayanganj in Title Suit No.47 of 99 and dismissing the suit. 2. On 10‑3‑99 the plaintiff Zamini Bala Dasi instituted the suit against Abdul Aziz Miah, predecessor of opposite parties for a decree of declaration of title in northern 36 decimals out of 76 decimals of land of CS plot N......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. ......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. ..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....erty of the defendant No. 1 in India and for expediency defendant No. 1made the plaintiff his benamder as he was a man of defendant's confidence and the exchange deed was finalized accordingly and prayer was made for de‑requisition of the property in the name of the plaintiff who is the be......on 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, the judgement of the High Court Division is not a proper judgement of reversal…&......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. ......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. ..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Mukul Vs. State, 2004, 33 CLC (AD)
....in 3 BLC (41)) 170 it has been observed "A review cannot be granted to urge fresh grounds when the judgment itself does not reveal an error apparent on the face of the record. To allow such a prayer for review in to allow re‑hearing of the appeal on points not urged by a party". ...... Judgment July 10, 2004. The Supreme Court of Bangladesh (Appellate Division) Rules, 1988 Rule I Order XXVI in Part IV This provision provides for review of criminal proceedings “ on the ground of an error apparent on the face of the re...... 22. In the background of our discussions made hereinabove as review cannot be granted for merely reexamination of the same argument, the petition for review is dismissed. Ed. ...... 22. In the background of our discussions made hereinabove as review cannot be granted for merely reexamination of the same argument, the petition for review is dismissed. Ed. ..Category: Criminal Law | Date: 10 Jul, 2004 | Hits: 100
Roquib Mohammad Fakrul alias Rocky Vs. Md. Abdul Kashem & ors., 2004, 33 CLC (AD)
.... of the witnesses are residents of Dhaka and the informant and the accused appellant as well are residents of Dhaka and, therefore, for convenience of the parties including the witnesses bonafide prayer for transfer of the case was made and the High Court Division after considering the facts an......of the witnesses reside in one place within the jurisdiction of one court and the case originates within the jurisdiction of some other court in a distant place, the case may be transferred to the former court and contention of prejudice due to hostile press is without substance……&...... not find any error of law in the said judgment. For the reasons mentioned above, the appeal appears to be bereft of any sustenance. The appeal is, therefore, dismissed. Ed. ...... not find any error of law in the said judgment. For the reasons mentioned above, the appeal appears to be bereft of any sustenance. The appeal is, therefore, dismissed. Ed. ..Category: Criminal Law | Date: 30 Jun, 2004 | Hits: 80
Abdul Mumin alias Tanu Miah Vs. Mahfujur Rahman and othÂers, 2004, 33 CLC (AD)
....ion,partition Suit No. 111 of 1988, is pending before the 2nd Court of Joint District Judge, Sylhet as regard the land of khaÂtian No. 450 filed by one of the co-sharers by name Abdul Karim. 3. The prayer for pre-emption was opposed upon assertion that there was amicable partition of the land of k......an in question sold parcels of land by five registered kabalas dated September 5, 1988 to Mehfuzur Rahman, the Respondent No.1 in each of the appeal. It was also averred by the pre-emptor that a suit for partition,partition Suit No. 111 of 1988, is pending before the 2nd Court of Joint District Judg......on of the land transferred by the heir of Abdul Ghani to the pre-emptees. Accordingly all the appeals are dismissed There is no order as to cost. Ed. This Case is alsoReported in: 1 ADC (2004) 515.......on of the land transferred by the heir of Abdul Ghani to the pre-emptees. Accordingly all the appeals are dismissed There is no order as to cost. Ed. This Case is alsoReported in: 1 ADC (2004) 515...Category: Property Law | Date: 28 Jun, 2004 | Hits: 43
....tness but the defendant No. 1 created a situation so that he could not dare to give his evidence, that plaintiff prayed for time to examine the documents for the purpose of giving undertaking but the prayer was refused, that in the aforesaid situation the Arbitrator nominated by the plaintiff withdr...... Reported in:56 DLR (AD) 166.
......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.
......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.
..
Category: Civil Law | Date: 21 Jun, 2004 | Hits: 321
....d application was rejected by an order dated 7-11‑2000 (Annexure‑D‑1). Being aggrieved the petitioners obtained the present Rule on 4‑6‑2001. At the time of issuance of the Rule on the prayer of the petitioners, the further proceedings of the Bankruptcy Suit No.1 of 2000 was stayed fo......harged.
The Bankruptcy Act 1997 (Act X of 1997) is a special law, was enacted in order to make provisions relating to bankruptcy.
Section 28 empowers the court to dismiss the plaint even before taking of evidence if the conditions stipulated in the said provisions are satisfied.
Sinc......he Bankruptcy Court is directed to dispose of the bankruptcy case expeditiously.
The order of stay granted earlier by this Court
Ed.
This Case is also Reported in: 57 DLR (2005) 716.
......he Bankruptcy Court is directed to dispose of the bankruptcy case expeditiously.
The order of stay granted earlier by this Court
Ed.
This Case is also Reported in: 57 DLR (2005) 716.
..
Category: Banking Law, Corporate Law | Date: 10 May, 2004 | Hits: 9
Sultan Miah (Md) Vs. Kazi Abu Siddique and others, 2005, 34 CLC (AD)
....ibility of his being dispossessed from the western side of the suit land filed the suit. During the pendency of the suit, the plaintiff having been dispossessed from a portion of the suit land made a prayer for mandatory injunction. 3. The defendant‑respondents contested the suit by fil...... Md. 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 ......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. ......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)
....trar of Trade Marks, it appears that although the appellant took time by filing application under TM 55 on 20-4‑97 yet on 11‑6‑97 he again prayed for time, and the Registrar after rejecting the prayer for time heard the case ex parte and allowed the application filed by the respondent cancelli......ass‑25 cancelling his earlier order dated 29‑4-1993 passed on an application filed by the appellant on 31‑3‑1993 in TM 24 and dated 6‑4‑1993 in TM 38. 2. Short facts, necessary, for the disposal of this appeal are that respondent No.2 got registration of a trade mark under No.2...... 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. ...... 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
Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)
....e-emption as of being the co-sharer of the ejmali land of the holding i.e. R.S. Khatian No.791/1 and that the land sought to be pre-empted is contiguous to the land whereof he is a co-sharer. 6. The prayer for pre-emption was opposed by filing written objections stating amongst others that the pray......iscellaneous Case were filed stating, inter alia, that by the 2 separate kabalas of June 25, 1988 the heirs of Khan Bahadur Aman Ali without serving notice to the co-sharer have sold the land of the aforesaid R.S. Khatian to the pre-emptees and fact of purchase was first disclosed to the pre-emptor'......e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ......e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ..Category: Property Law | Date: 25 Apr, 2004 | Hits: 42
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