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Zyta Garments Ltd. Vs. Union Bank Ltd. and another, 2003, 32 CLC (AD).
....r …………….Respondents Judgement November l9, 2002. Letter of Credit It becomes an independent agreement between the issuing bank and the negotiating bank as soon as the letter of credit is est......etter of Credit It becomes an independent agreement between the issuing bank and the negotiating bank as soon as the letter of credit is established, a letter of credit is not subject to claims or defences by either the seller or the buyer. The letter of credit is an ......mes an independent agreement between the issuing bank and the negotiating bank as soon as the letter of credit is established, a letter of credit is not subject to claims or defences by either the seller or the buyer. The letter of credit is an independent contract and it is not af..Category: Civil Law | Date: 19 Nov, 2002 | Hits: 169
Tarak Chandra Majhi Vs. Atahar Ali Howlader and others, 2002, 31 CLC (AD)
....atra on 16thMagh, 1376 B.S. in favour of the plaintiff; that on the date of exeÂcution of the bainapatra Kamini Sundari Devi delivered possession of the land to the plaintiff; that subsequent to the agreement for sale with the plaintiff Kamini Sundari Devi sold the land to defendant No. 1 by a kaba........Appellant Vs. Atahar Ali Howlader and others...........Respondents Judgment November 18, 2002. Result: The appeal is allowed. Cases Referred to- Kessarbai Vs. Jethabhai Jivan AIR 1928 PC 277; 49 DLR (1997) 241. Lawyers Involv...... judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 481; 8 MLR (AD) 209, 8 BLC (AD) 67. ..Category: Evidence Law | Date: 18 Nov, 2002 | Hits: 74
Asalat Zaman (Md) and others Vs. Government of Bangladesh and others, 2003, 32 CLC (AD).
.... The Arbitration Act, 1940 (X of 1940), Section 29 The Arbitrator has no jurisdiction to grant interest on the awarded amount till realisation in the absence of any agreement. The Court has jurisdiction in its discretionary power to grant inte...... Judgment November 17, 2002. The Arbitration Act, 1940 (X of 1940), Section 29 The Arbitrator has no jurisdiction to grant interest on the awarded amount till realisation in the absence of ......as aforesaid with interest at the bank rate till realisation. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 139. ..Category: Alternative Dispute Resolution | Date: 17 Nov, 2002 | Hits: 223
Taiyaba Zaman Vs. Gias Uddin Ahmed and others, 2002, 31 CLC (HCD)
.... suit is accordingly, dismissed, however without any order as to cost. The order of stay granted earlier stands vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 523. ..........Petitioner Vs. Gias Uddin Ahmed and others.........................Opposite Parties Judgment November 6, 2002. Result: The Rule is made absolute. Cases Referred to- Kumar Begum Roy Vs. Panna Debi and others, 1982 BLD (AD) 54; Haji Abdul Latif Vs. Abdul Huq......d the possession of the said shop to one Mr. Matiur Rahman (defendant No.3) and that subsequently defendant No.3 having been in possession of the said shop through his tenant defendant No.2 agreed to sell the same to the plaintiff and accordingly defendant No.3 sold his possession in the suit shop a..Category: Tenancy Law | Date: 6 Nov, 2002 | Hits: 198
Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)
....nce on record, both documentary or oral, and we do not find any illegality or infirmity to interfere with the impugned judgment and order of the High Court Division. In the result, we are in full agreement with the learned Judge of the High Court Division and accordingly, affirm the impugned jud...... November 5, 2002. Result: The appeal is dismissed. The Companies Act, 1994 (XVIII of 1994), Section 38 The provision of section 38 of the Companies Act gives the Court a wide discretion to scrutinise any fraud, error or undue influence or misrepresentation in the matter of transfer of ......ge of the High Court Division and accordingly, affirm the impugned judgment and order. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208
Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).
....iving the Government exchequer from huge amount money every year. 9. The further case is that though Mr. AS Mahmud did not participate in the tender on behalf of ETV, yet the agreement was signed between the Government of Bangladesh and Mr. AS Mahmud, in violation of T...... rule I The nature of public interest litigation (called PIL hereinafter) is completely different from a traditional case which is adversarial in nature whereas PIL is intended to vindicate rights of the people. In such a case benefit will be derived by a large number of peo......2002. Our judgment will have no bearing in considering the application by Ekushey for licence by the said Commission which is free to decide in accordance with law. Ed. ..Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190
Secretary, Ministry of Works and anothÂer Vs. Md. Yusuf Ali Khan and others, 2002, 31 CLC (AD)
....1985 in the First Court of Subordinate Judge, Dhaka, for Specific Performance of Contract on the averÂments, inter alia, that the respondent No. 2, Begum Mariam Iqramullah Khan, executed a deed of agreement in favour of the respondent No.1 on 11.7.1970 for sale of land measuring 10 (ten) kathas.....................Respondents Judgment August 21, 2002. Result: The appeal is dismissed. Lawyers Involved: Abdur Razaque Khan, Additional Attorney General (Faisal H. Khan, Assistant Attorney General with him) instructed by Md. Ataur Rahma......scussion we lo not fined any substance for allowing the appeal. The appeal is dismissed without any order of costs Ed. This Case is also Reported in: 1 ADC (2004) 312. ..Category: Contract Law | Date: 21 Aug, 2002 | Hits: 1110
Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation & others, 2002, 31 CLC (AD)
.... liable to be stayed and the matter in dispute should be referred to the Tribunal of Arbitration of Metropolitan Chamber of Commerce and Industries, Dhaka, for settlement and award as per arbitration agreement under clause 18 of BJMC's FOB/CNF standard contract for settlement and award; that the def......udgement August 20, 2002. Result: The petition is dismissed. The Arbitration Act, 2001 (Act No. I of 2001), Section 10 It is absolutely the domain and the discretion of the court to grant the relief sought for or to grant any other general or other relief that may be thought fit......s, 95,500 bales were in sacking and 1833 bales in hessian. The contract dated 29-9-1998 was made subject to BJMC's FOB/CNF standard contract. One of the conditions was that the corporation would not 'sell standard B. Twills, Cut Size Twills and Binola B. Twills to Sudan below 10,000 bales against an..Category: Alternative Dispute Resolution | Date: 20 Aug, 2002 | Hits: 280
Bux Shipping Line Vs. Bangladesh Water Development Board & others, 2002, 31 CLC (AD)
....ng of interest by an Arbitrator on the awarded amount this Division reached the following conclusions:- a) Pre-reference Period interest: In the absence of any law or agreement providing for payment of interest by an Arbitrator on an award made by him it will not be......€¦â€¦â€¦â€¦......................Petitioner Vs. Bangladesh Water Development Board & others......Respondents Judgment August 18, 2002. Case Referred to- 46 DLR (AD) 97. Lawyers Involved: Dr. Kamal Hossain, Senior Advoca......alization thereof. The review petiÂtion has no merit. Accordingly the same is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 476...Category: Alternative Dispute Resolution | Date: 18 Aug, 2002 | Hits: 217
Abdus Sobhan Biswas Vs. State, 2002, 31 CLC (HCD)
....o which he repeated his innocence. The defence did not adduce any evidence. 6. The defence case is total denial of the allegation. The further defence case is that, the victim PW 3 entered into an agreement with the appellant on 5-10-1996 for the sale of 22 decimals of land for Taka 25,000 out of......gust 11, 2002. Cases Referred To- Al-Amin vs. State 1999 BLD 307 = 51 DLR 154. Lawyers Involved: ABM Nurul Islam, Advocate—For the Accused Appellant. Md. Robiul Karim, Assistant Attorney-General-For the Respondent State. Criminal Appeal No. 2487 of 1997. Judgment Tariqul......Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 556. ..Category: Women and Children | Date: 11 Aug, 2002 | Hits: 77
....legal right to insist upon its performance."
Thus one could only, avail the forum by way of mandamus for enforcement of any legal right or to redress the violation thereof.
We are in complete agreement with the finding of the High Court Division that the petitioner is trying somehow to remai......dents
Judgment
August 7, 2002.
Result:
The petition is dismissed.
The Constitution of Bangladesh, 1972 Article 102
By way of mandamus enforcement of any legal right or to redress the violation thereof could be availed.
Case Referred to-
Queen Vs. Gu......
Accordingly, this petition is dismissed with costs assessed at Taka 5,000 to be paid by the petitioner forthwith to the respondents.
Ed.
This Case is also Reported in: (2002) 22 BLD (AD) 155.
..
Category: Constitutional Law | Date: 7 Aug, 2002 | Hits: 180
Amir Hossain Vs. Homeland Footwear Ltd. and others, 2002, 31 CLC (HCD)
....uct a factory premises and for taking other necessary steps in this regard. Accordingly, the plant and the machineries were acquired at the responsibility of the petitioner under the terms of a lease agreement dated 12‑5-Â1999 (Annexure 3), but entered into between the United Leasing Company Ltd.......41(v) of the Companies Act, 1994, filed by one Amir Hossain praying for winding up of Homeland Footwear Ltd ('the company'). 2. The case of the petitioner, in short, is that the respondent-company took Taka 45,07,386.00 from the petitioner during the period from 11th March, 1999 to 31st December,...... on the prayer of Mr. Imtiaz Mahmud, Advocate, let the operation of this judgment be stayed for a period of three months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 478. ..Category: Company Law | Date: 21 Jul, 2002 | Hits: 226
BD rep. by the Sec. Min. of Works & ors. Vs. Kazi Ashrafuddin Ahmed, 2003, 32 CLC (AD).
....doned Property (Control, Management & Disposal) Order, 1972 (PO. No 16 of 1972), Article 10 The Transfer of Property Act, 1882 (IV of 1882) Section 53A The agreement in question is prior to 25th March 1971 binding on the Government in the same way as upo......ent & Disposal) Order, 1972 (PO. No 16 of 1972), Article 10 The Transfer of Property Act, 1882 (IV of 1882) Section 53A The agreement in question is prior to 25th March 1971 binding on the Government in the same way as upon the original owner but the sam......nmondi Dhaka belonged to Mrs Ovais Bandi; that the respondent was a tenant in the house under her that on 21‑4‑1968 she received Taka 1,50,000 from respondent and executed an agreement to sell the house to him at Taka 3,50,000; that possession of the house was delivered to him and Mrs. B..Category: Property Law | Date: 13 Jul, 2002 | Hits: 89
Upazila Education Officer & anr. Vs. Tara Miah Akhand & ors., 2004, 33 CLC (AD)
.... at the date of the suit in order to forestall a possible order of the Court". Having regard to the facts and circumstances of the case, we are fully in agreement with the above finding of the High Court Division and, in such view of the matter, we find......sp; July 3, 2002. The Code of Civil Procedure, 1908 (V of 1908), Order XXXIX Rule I A party involved in a case can not do any act to bring about a change in the existing state of things when a case is pending in order to obtain a......pugned judgment of the High Court Division does not suffer from any legal infirmity for our interference. Accordingly, this petition merits no consideration and it is dismissed. Ed. ..Category: Civil Law | Date: 3 Jul, 2002 | Hits: 206
Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)
....rd together, may be briefly stated: 4. A Rule Nisi was issued in Writ Petition No. 5050 of 2001 by the High Court Division calling upon the respondents to show cause as to why the licensing agreement dated 9-3-1999, signed by and between the Ministry of Information, the respondent No. 1 a...... Judgment July 2, 2002. The Constitution of Bangladesh, 1972, Articles 102 and 27 Law requires that subsequent change of terms and conditions of tender must be relayed to each and every participant so that all the participants can avail of the equal opportunity while...... judgment of the High Court Division calling for our interference. All the leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 130. ..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
Jabed Ali Sheikh (Md) and others Vs. Md. Abdus Sobhan Sheikh and others, 2002, 31 CLC (AD)
....been done in the present case. The High Court Division on consideration of all the materials on record and the legal position set aside the order of stay and made the Rule absolute and we are in full agreement with the judgment of the High Court Division. The learned Advocate appearing for the petit......….Respondents Judgment April 30, 2002. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Order XXI rule 26 The decree holders should be allowed to enjoy the fruits of the decree and upon filing a subsequent suit further proceeding of the execut......point out any legal infirmity in the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 64. ..Category: Property Law | Date: 30 Apr, 2002 | Hits: 121
Abdul Kader Khan Vs. Rajshahi Co-operative Town Society Ltd, 2002, 31 CLC (HCD)
....premises with an estimation of Taka 21,935/69. It is also the petitioners case that he took lease of the room Nos. 7-9 from the Co-operative Mansion belonging to the opposite party on the basis of an agreement dated 1-2-1975 at a monthly rental if Taka 110 and that these three rooms are contiguous a......neous Appeal No. 49 of 1986 affirming the order dated 18-1-1996 passed by the learned Rent Controller, Sadar, Rajshahi in (Rent Control) Miscellaneous Case No.245 of 1983. 2. Short facts leading to the disposal of this Rule are that the petitioner instituted the Rent Control Case No.245 of 1983...... Sadar in (Rent Control) Miscellaneous Case No.245 of 1983 is confirmed. Send down the LCR to the Court concerned at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 633. ..Category: Tenancy Law | Date: 29 Apr, 2002 | Hits: 3
Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....neral — For the State. Writ Petition No. 5050 of 2001. Judgment Md. Hamidul Haque J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the licensing agreement dated 9-3-99 signed by and between the Ministry of Information, the respondent No. 1 and M......ip;……………………….............Respondents Judgment March 27, 2002. Result: The Rule is made absolute. Cases referred to- Dr. Mohiuddin Faroque 49DLR (AD) 1; Hyundai Corporation Vs. Sumikin Bussan Corporation and......the order for two weeks. Mr. Razzaq opposed the prayer. However, the operation of the order is stayed for ten days. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 537. ..Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7
Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)
.... Rahima Khatun and a wife, Afserunnessa as his only heirs and legal representatives. Then Matiur Rahman and others agreed to sell the suit land to Habib Box and Nabijan Miah and executed a registered agreement on 28-8-56 and put them in possession in part performance of the agreement and ultimately,......;…………Opposite Party Judgment March 27, 2002 Result: The Rule is discharged. Adverse Possession Possession commencing lawfully can transform into an adverse possession and create title by adverse possession. Cases Referred to- Golam ......Rahman, Nurul Huda Miah and Nurul Hoq Miah, two daughters, Mabia Khatun and Rahima Khatun and a wife, Afserunnessa as his only heirs and legal representatives. Then Matiur Rahman and others agreed to sell the suit land to Habib Box and Nabijan Miah and executed a registered agreement on 28-8-56 and ..Category: Property Law | Date: 27 Mar, 2002 | Hits: 4
Abul Hussain and others Vs. Afezuddin Mondal and others, 2003, 32 CLC (AD).
....riting. It may be inferred from act and conduct of parties as well. The High Court Division therefore, erroneously found that the appellants could not prove their claim of Istafa. We are therefore in agreement with the submission made on behalf of the appellant that the High Court Division was in er......he finding of fact in respect of possession and Istafa (surrender) which were found in favour of the appellants by the courts below…..(5) Case Referred to- Jashimuddin Kanchan vs. Md Ali Ashraf 42 DLR (AD) 289. ...... The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 93. ..Category: Property Law | Date: 18 Mar, 2002 | Hits: 80
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