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Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)
....Affidavit dated 15‑3‑2004 that the writ petitioner filed an appeal on 9‑3‑2004 under section 48(2) of the Bank Companies Act before the Board of Directors of Bangladesh Bank together with the prayer for stay of the impugned order of removal but the said Board of Directors acknowledged the re...... 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 pending before any Court or Tribunal. Hence without issuing any rule High Court Division was not authorized in...... 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: ...... 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
Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)
....ntment of fresh Arbitrator. By order dated 12‑1‑2000 Mr. Abdul Wadud Chowdhury, J was appointed sole Arbitrator and the plaintiff was asked to pay the entire remuneration of the Arbitrator on his prayer. 12. Before the Arbitrator, the respondent company submitted a statement of claims of Ta......rdinate Judge at Dhaka in Title Suit No.134 of 1997, which refused to set aside the award dated 22‑6‑2000. 2. The respondent made an application under section 20 of the Arbitration Act, 1940 for filing of the arbitration agreement in Court and for appointment of an Arbitrator to arbitrate o......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. ......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
Shakawat Hassan Vs. State, 2004, 33 CLC (HCD)
....tioner has no forum to surrender, but the police, being influenced by the enemies of the accused petitioner, are after the petitioner. The petitioner has therefore, surrendered before this Court with prayer for anticipatory bail. He relied upon a decision of the High Court Division reported in 48 DL......al with Saifuddin Md. Aminur Rahman, Assistant Attorney-General-For the State. Criminal Miscellaneous case No.2633 of 2004. Judgment Khademul Islam Chowdhury J.-This is an application for anticipatory bail under section 498 of the Code of Criminal Procedure. 2. Perused the appli...... This Case is also Reported in: 57 DLR (2005) 244. ...... This Case is also Reported in: 57 DLR (2005) 244. ..Category: Criminal Law | Date: 4 Apr, 2004 | Hits: 1
Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)
....isappropriation covering a period of more than twelve months and therefore only one case will not be maintainable under the law. The learned Special Judge by the order dated 16‑7‑1995 allowed the prayer of the learned Special Public Prosecutor. Thereupon, the accused‑respondents in the respect......rol or factors which are outside the control of the prosecution or the delay that has occurred is not a deliberate act of delay on the part of the prosecution in that case delay shall not be a ground for quashing of the proceeding…………………..(10 & 13) Investigation by Assistant In......on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ......on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ..Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74
Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)
....lication seeking examination of disputed signature by handwriting expert and also directing the defendant No. 1 to pay Taka 3,000 to the plaintiff as a condition precedent of allowing the defendant's prayer for examination of the disputed signature by the handwriting expert. It may be mentioned the ......Act, 1872 (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 the defendant. Therefore The High Court Division was in error in sending the case back on remand for the same purpose to......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.......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
BRTC Vs. Md. Esken Mollick and anr., 2004, 33 CLC (AD)
....legations and an enquiry officer was appointed for holding enquiry into the matter who fixed 8‑2‑1992 for enquiry, but the wife of the respondent No. 1 being ill he could not appear and prayer for time was made which being not allowed the management proceeded with the proceeding ex pa......being not done in the instant case there has been noncompliance with the provision of law in sending the grievance petition. 3. The respondent No. 1 filed a complaint case before the respondent No. 2 stating, inter alia, that he joined as bus conductor in Bangladesh Road T......as come to a correct decision and there being no error in the said judgment, the appeal has no substance. In the result the appeal is dismissed without any order as to costs. Ed. ......as come to a correct decision and there being no error in the said judgment, the appeal has no substance. In the result the appeal is dismissed without any order as to costs. Ed. ..Category: Labour and Industrial Law | Date: 16 Mar, 2004 | Hits: 99
....n and from 31‑5‑1998 within 30 days from the date of the judgment.
3. Being aggrieved, the second party-Corporation obtained the present Rule. At the time of issuance of the Rule on the prayer of the petitioner the operation of the judgment and order dated 4‑11‑2002 (Annexure-A) wa......ons of their service are regulated by the provisions of the Ordinance itself…. (45)
In accordance with the provisions of section 18(2) of the Act, a worker cannot be kept under suspension for more than 60 days and since the order of suspension dated 31‑5‑1998 of the first-party expir......
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.
......
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.
..
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Akram Hossain (Md.) Vs. Sahera Khatun and others, 2004, 33 CLC (HCD)
....nforcement of an agreement and the third is not a party to the agreement, his presence at the hearing of the suit is not at all necessary and the trial Court committed a serious error in allowing the prayer for addition which has resulted in failure of justice. 5. Secondly, he submitted that in......hers.........................Respondents Judgment March 8, 2004. Result: The Rule is discharged. Whether or not the oral contract as claimed by the plaintiff is genuine and enforceable in law Addition of subsequent transferees is necessary for proper adjudication of the......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. ......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
Mirpur Mazar Co-Operative Market Society Ltd. Vs. Capital Tower (Pvt) Ltd & Ors., 2006, 35 CLC (AD)
....he said defendant. It was further prayed that in case the lease deed is executed and registered in favour of the defendant No. 6 in that case the said lease deed be declared as void. There was also a prayer for mandatory injunction against the defendant Nos. 1-5 for restoring the nature of the land ......he deed of lease in respect of the suit land and in favour of the defendant No. 6, Capital Tower (Pvt) Ltd registered on 6-4-1993 is null and void." 2. The suit was filed seeking a decree for permanent injunction against the defendant Nos. 1-5 restraining them from leasing out the land d......mode of allotment of the plot in question. 12. In view of the discussions made herein over we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ......mode of allotment of the plot in question. 12. In view of the discussions made herein over we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ..Category: Property Law | Date: 18 Jan, 2004 | Hits: 86
Dr M A Mazed & ors. Vs. Bangladesh represented by the Solicitor, 2004, 33 CLC (AD)
....itation Act seeking condonation of delay of the said days and thereupon Rule, Criminal Rule No. 88(R) of 2001 was issued. 2. The appellants entered appearance in the Rule and opposed the prayer for condonation of delay. The High Court Division condoned the delay upon observing that the ......tiated not upon a petition of complaint but registered in a police station upon lodging of an Ejahar. In view of the provisions as in Article 157 of the Limitation Act providing period of 6 months for filing an appeal by the Government against the order of acquittal, the application for condonat......ackground of the discussions made hereinbefore we find no merit in this appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 164. ......ackground of the discussions made hereinbefore we find no merit in this appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 164. ..Category: Procedural Law | Date: 10 Dec, 2003 | Hits: 108
Govt. of People's Repub. of BD & other Vs. Md. Shamsul Haque & other, 2004, 33 CLC (AD)
....ct and thus the case must be sent back to the Court of Settlement for trial. This view of ours gets support from a decision of this Court as reported in 45 DLR 304. As regards the prayer for restoration of the possession to the petitioner, we find that there is an order of inju......as entitled to restoration as ordered. The Abandoned Building (Supplementary Provisions) Ordinance, 1985 (LIV of 1985), Section 10(5) The Court of settlement dismissed the case for default without giving any decision as to whether enlistment of property as abandoned building,...... 10. We do not find any substance in the submission of the learned Counsel for the petitioners for any interference with the impugned judgment and order. The petition is dismissed. Ed. ...... 10. We do not find any substance in the submission of the learned Counsel for the petitioners for any interference with the impugned judgment and order. The petition is dismissed. Ed. ..Category: Property Law | Date: 7 Dec, 2003 | Hits: 139
Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
....or within the extended time as may be allowed by the lessor and as no construction was made within 3 years, a show cause notice was issued on September 16, 1989 and they replied to the said with the prayer for extension of time and the Government allowed time up to June 30, 1990 as prayed for, that...... or some other suitable procedure to reconsider or review or to see correctness of its judgement earlier made on furnishing of fresh materials by a party to the case which, according to it, if were before the court the judgement would have been otherwise as article 102 (2) or any other provision of ...... 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. ...... 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. ..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899
Abul Bashar and ors. Vs. Prafulla Kumar Das & ors., 2004, 33 CLC (AD)
....he provisions of order 21 rule 29 of the code of civil procedure can not be availed of by the petitioners. The High Court Division as well as the assistant judge were quite correct in rejecting the prayer for stay……………………….(6) ......isions of order 21 rule 29 of the code of civil procedure can not be availed of by the petitioners. The High Court Division as well as the assistant judge were quite correct in rejecting the prayer for stay……………………….(6) Lawye......Division could not be pointed out calling for interference by this Division, the petition is dismissed with cost. The cost is assessed fee of one day hearing of a Senior Counsel. Ed. ......Division could not be pointed out calling for interference by this Division, the petition is dismissed with cost. The cost is assessed fee of one day hearing of a Senior Counsel. Ed. ..Category: Property Law | Date: 2 Nov, 2003 | Hits: 96
Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)
....ieces of wearing apparel of the victim were seized. He is chachato brother of the informant. PW 3 is Monowara Begum who is wife of the informant and mother of the victim. She stated that after Magrib prayer Parul came back home, at that time she was crying but when query was made Parul did not say a...... Nari‑o‑Shishu‑Nirjatan Daman Adalat, Noakhali by the judgment passed in Nari‑o‑Shishu‑Nirjatan Case No. 26 of 1997. 2. Prosecution case is that the informant has a shop of bricks and sand at Kankirhat Bazar and his daughter Parul Akther used to sit i......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. ......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. ..Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....tions mounted against them on presentation of three separate written statements. 7. Essence of statements embodied in three sets of written statements are: a. Suit is not maintainable without a prayer for declaration of title on suit property and, also, recovery of khas possession thereon, ...... Sardar, being Dead & others, 1 BCR HCD 393. Lawyers Involved: Shamim Khaled Ahmed with Md. Mofizul Islam, Advocate - For the Appellant. Nahid Yesmin, Assistant Attorney General - For Proforma-Defendant-Respondent No.4. Muhammad Salahuddin - For Proforma-Defendant-Respondent No.5. ......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. ......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. ..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)
....ark for the last 20/25 years; that in 1978 plaintiff approached the authority seeking lease of the said land and then again in 1981; that Chief Engineer (defendant No. 3 ) in July 1981 rejected the prayer of the plaintiff stating that the said land cannot allotted for extension of the market sinc...... August 18, 2003. Company Matter There is no bar in law for a company which is going to be registered to act in its name or on its behalf prior to registra......previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ......previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
....the same the respondent No.2 filed Title Execution Case No.59 of 1998 paying for realisation of the decretal amount with cost, interest etc by sale of the mortgaged properties and subsequently at the prayer of the respondent No.2 the Court below attached the properties mortgaged by the petitioner an......dated 25‑3‑2063 passed by the Joint District Judge and Artha Rin Adalat, 4th Court, Dhaka by which civil warrant of arrest was issued against the petitioner, fixing the next date on 30‑4‑2003 for execution and return of warrant.
2. The case of the petitioners is that he applied to the r......y to issue necessary order for auction sale and/or civil warrant of arrest etc after compliance of the provisions of law.
Ed.
This Case is also Reported in: 57 DLR (2005) 245.
......y to issue necessary order for auction sale and/or civil warrant of arrest etc after compliance of the provisions of law.
Ed.
This Case is also Reported in: 57 DLR (2005) 245.
..
Category: Civil Law | Date: 11 Aug, 2003 | Hits: 21
Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)
.... refused. It further appears that against notice issued by RAJUK for demolishing, the suit premises, the defendant filed a suit ie Title Suit No.99 of 1999, praying for a permanent injunction and the prayer having been refused, they filed Civil Revision No.3625 of 2000 in this court and the matter w......trict Judge, 3rd Court, Dhaka in Title Suit No.12 of 1999 decreeing the suit. 2. The respondents as plaintiffs instituted Title Suit No.12 of 1999 in the 3rd Court of Joint District Judge, Dhaka for ejectment of defendant-appellant from the suit property and for delivery of vacant possessi....... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ....... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ..Category: Tenancy Law | Date: 4 Aug, 2003 | Hits: 171
Bangladesh Vs. Md. Matiur Rahman and another, 2006, 35 CLC (AD)
....the question involved in the appeal relates to legality of the ad interim order. 9. In that view of the matter, in our opinion in the present appeal there is no scope to consider the prayer of the Respondent No. 2 to release the goods to it on payment of the customs duty and other c......nal Attorney General, (Borhanuddin, Deputy Attorney General, with him) instructed by Mvi. Md. Wahidullah, Advocate-on-Rccord-For the Appellants. A.S.M. Khalequzzaman, Advocate-on-Record- for the Respondent No. 1. Rokonuddin Mahmud, Senior Advocate, instructed by Md. Nawab All, Advo......on on acceptance of the customs duty and other levies to be assessed by the Customs Authority is stayed till disposal of the writ petition. There is no order as to costs. Ed. ......on on acceptance of the customs duty and other levies to be assessed by the Customs Authority is stayed till disposal of the writ petition. There is no order as to costs. Ed. ..Category: Business or Commercial Law | Date: 26 Jul, 2003 | Hits: 128
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
....assed therein. As soon as the Magistrate of RAJUK came to know about the order of status quo he stopped eviction as per telephonic conversation of respondent No.1. It further appears that on the prayer of the learned Advocate for the petitioner status quo in writ petition No.3500 of 2001 w......- Amicus Curieas. Contempt Petition No.116 of 2001. Judgment Syed Amirul Islam J.- This rule was issued calling upon the respondent-contemners to show cause as to why a proceeding for contempt of Court should not be drawn up against them and punished accordingly for violatin......in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 515. ......in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 515. ..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
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