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.... dispose of the application of the petitioner for manufacturing tent at Chittagong EPZ within 2(two) months of receipt of this order.
Ed.
This Case is also Reported in: 57 DLR (2005) 631.
................Respondents
Judgment
August 17, 2004.
Result:
The Rule is made absolute.
Providence of fair and equitable treatment to foreign private investment which shall enjoy full protection and security in Bangladesh
The provisions lie in Sections 4 and 5 of the Foreig...... up by registration in Bangladesh
Sub-Article (2) of Article 102 of the Constitution may be invoked by any aggrieved person including someone who is not a citizen of Bangladesh, if the person engaged in the performance of functions of the Republic does not act in accordance with law.
The i..
Category: Business or Commercial Law | Date: 17 Aug, 2004 | Hits: 2
Ashraful Alam Vs. Md. Moniruddin and ors, 2004, 33 CLC (HCD)
....gment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 260. ......gment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 260. ......a tenant at a monthly rental of Taka 125. He admitted that the defendant instituted SCC Suit being No.4 of 1995 for eviction. 10. In cross-examination, he said that he passed HSC in 1989. He was aged about 26 years. In 1986 he passed SSC. At age 17 he passed Matriculation examination. Then, he ..Category: Property Law | Date: 17 Aug, 2004 | Hits: 2
....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.
......stries Company Ltd. at Bangkok, remitted Taka 29,12, 845 against their instructions. Defendant Bangthai company is a joint venture of Bangthai Company Bangladesh and said Chanfakol Industries. Having full knowledge, the bank did not obtain any guarantee from said Chanfakol and make him a party in th......the precision and completeness of the documents obtained from the customers; each bank should have a set of printed forms of its own which must be drawn by legal experts and such documents must avoid age-old archaic and cryptic wordings, coverage and language. Documents should be short, precise and ..
Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....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. ......ch could be otherwise wrongful…….(22) Adverse Possession In a case of acquiring title by adverse possession, the possessor has to remain in an uninterrupted possession for the full period of 12 years. If the adverse dispossession discontinued, for however short a time before ......an and others, 44 DLR (AD) 100; Radhamoni Debi Vs. Collector and others, 27 Indian Appeals 136; Secretary of State Vs. Debendra Lal, 1934 (Privy Council) 23; Ejas Ali Qidwai and others Vs. Special Manager, Court of Wards; Balrampur Estate and others 1935, (Privy Council) 53; Musa Ali Vs. Nur Ahmed a..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
MM Ishak Vs. State and another, 2004, 33 CLC (HCD)
....ক্ত অর্থ দন্ডেও দন্ডনীয় হইবেন।” 11. Before amendment on 19‑7‑2003, section 11(kha) prescribed punishment for causing hurt for dowry to any woman by the husband, parent or relation of the husband. Nowhere in the first information report of ......ed husband or anybody caused hurt to the informant wife for dowry. In paragraph 10 of the first information report it is alleged that while the informant wife and the accused husband were living peacefully with their daughter the other accused persons coming to their residence on a pleasure trip cre...... Nari‑o‑Shishu Nirjatan Daman Tribunal No. 4, Dhaka, is hereby quashed. Communicate this judgment to the concerned Tribunal at once. Ed. This Case is also Reported in: 56 DLR (2004) 516. ..Category: Women and Children | Date: 25 Jul, 2004 | Hits: 156
....ion the Rule is discharged.
Sent down the Lower Court Records along with a copy of this judgment to the concerned court at once.
Ed.
This Case is also Reported in: 57 DLR (2005) 603.
......o bring the case within the scope of section 138(1) of the Negotiable Instruments Act, 1881 because by imposing fine criminal Court preserves no power to satisfy the complaint ensuring the payment of full amount of Taka 18,00,000 which is more than the face value of the cheque since it is clearly ba......ourse of trial has denied it in any way. ………(31)
Cases Referred to-
Union Road Ways (P) Ltd. Vs. Shah Ramanial Ritesh Kumar & others, Company Cases (India) Vol. 76 pages 315; Messrs Syed Rasool and Sons Vs. Messrs Aildas and Co, 1992 CrLJ 4048; Dada Silk Mill Vs. I..
Category: Banking Law, Criminal Law | Date: 19 Jul, 2004 | Hits: 3
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
...., said that the land was never mutated in the names of Golap Banu and her husband or they have paid any rent. 20. D.W.2 Md. Jamir Ali testified that the suit land was originally owned by a Hindu woman. He could not say how long she possessed. Earlier, IRRI paddy used to be produced in the suit ......uit 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 No.274 appertaining to CS khatian No.86 fully described in the schedule to the plaint. 3. Plaint case, in short, is that being owner in......r further relief thereon. Sometimes, the intervention by a party in the proceeding of a suit may oblige the Court to restore the parties to status quo ante so that none of the parties takes any advantage and they are ensured to contest at the level they found each other at the commencement of the su..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....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. ......igh Court Division is not a proper judgment of reversal inasmuch as it does not conform to the long established principle that in reversing the judgment of the trial Court the appellate Court must fully apply its judicial mind to each and every finding of the trial Court and the decision based a......pose and since he had none to look after his properties the plaintiff appointed Abu Siddique Mazumder (defendant No. 7) is his attorney by a power of attorney dated 21‑1‑1961 to manage and look after his property at Rangpur. It was also the case of the original plaintiff that at ..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Oriental Bank Ltd. Vs. Rina Alam and another, 2004, 33 CLC (AD)
....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. ...... between the same parties on the same matter in controversy in a subsequent regular suit and on the general principle of res judicata, any previous decision on a matter in controversy, decided after full contest or affording fair opportunity to the parties to prove their case by a competent Court......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 Artha Rin Adalat suit and even the same is not litigated u..Category: Civil Law | Date: 5 Jul, 2004 | Hits: 171
Rajshahi Development Authority Vs. Sultan Ahmed, Advocate and others, 2005, 34 CLC (AD)
....ury, that has been suffered by the writ‑petitioner and is confined to thefacts and circumstances of this case only. The appeal is dismissed without any order as to costs. Ed. ......thereunder, as if it has not been repealed but the High Court Division illegally applied the provisions of the said Ordinance in the instant proceeding drawn under the said Act for payment of full compensation money at the present market rate and as such application of the said provision is......te for acquisition provided under the Emergency Requisition of Property Act, 1948 and has referred to a decision in the case of Bangladesh vs. Basaratullah reported in 42 DLR (AD) 91 the relevant passage is quoted as under: "It was said in the case that though notice for acqu..Category: Constitutional Law | Date: 29 Jun, 2004 | Hits: 232
Abdul Mumin alias Tanu Miah Vs. Mahfujur Rahman and others, 2004, 33 CLC (AD)
....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....... did not have the effect of merging the 2 distinct interests i.e. of Akshoy Kumar and Rangubala on one side and that of Ayesha Khatun on the other side and that Ayesha Khatun attained the status of full tenancy on up-gradation and ceased to be the co sharer of the tenant of successor in interest......heir names were mutated in Khatian No. 14. It may be mentioned H.E. Precival was the owner of the land of Khatian Nos.14, 18, 20, and 24 plot No.108 originally was listed in Khatian No.14. At one stage of the certificate proceeding the land of the aforesaid 4 Khatians were amalgamated in Khatian N..Category: Property Law | Date: 28 Jun, 2004 | Hits: 43
Abdul Gaffar Chowdhury Vs. Joint District Judge and Artha Rin Adalat & others, 2004, 33 CLC (HCD)
.... view, not maintainable. The Rule is accordingly, discharged with cost. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 57 DLR (2005) 138. ......it opened by the petitioner in the respondent bank. The respondent bank failed to sanction the said sum although the L/C was secured by the documents of title of the imported goods and there was also full security for the proposed revolving LTR. As a result the petitioners imported goods were auctio......ioner to either have the ex parte decree set aside under Order IX, rule 13 of the Code of Civil Procedure or for preferring an appeal against the ex parte preliminary decree dated 12‑9-02 in Mortgage Suit No.26 of 2001 being unconstitutional as it is violative of Articles 27, 31 and 44 of the Co..Category: Banking Law | Date: 14 Jun, 2004 | Hits: 310
AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)
....aid appeal was heard and dismissed on merit, the Civil Petition for Leave to Appeal No. 826 of 1998 shall also stand dismissed without any order as to costs. Ed. This Case is also Reported in: ......p; 105 The Appellate Division Rules, 1988, Rule 45 The Code of Civil Procedure, 1908 (V of 1908), Order XLVII Appellate Division’s paramount power of review can be exercised to do full and effective justice under the Constitution apart from the power of review under the Code of C......aid appeal was heard and dismissed on merit, the Civil Petition for Leave to Appeal No. 826 of 1998 shall also stand dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128
Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)
....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. ......a portion or share of the non-agricultural land is transferred to a stranger, or in order words who is not a co-sharer of the land so transferred. The submission so made in the background of the language of section 24 of the Non-Agricultural and Tenancy Act is of merit since the provision of said se..Category: Property Law | Date: 25 Apr, 2004 | Hits: 42
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. ......y, J to arbitrate in view of the named Arbitrator in the Arbitration clause of the contract. It was, inter alia, stated that the respondent company on 27‑3‑1995 received the work order along with full set of required papers, plans, specifications, layout, etc. so that the company could perform t......nt matter preventing the 1st Party to have the work completed." 29. The learned Arbitrator appears to have allowed the claim for illegal cancellation of the work order as compensation or damages. The contract of the work however, does not provide for any such payment to the contractor on a..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. ......appointed by the Ministry of Shipping recommended the application of price escalation made by the petitioner and accordingly, the World Bank was Willing to disburse the money but the respondents Unlawfully declined to claim the money from the World Bank. (2) The High Court Division has committ......uction of 175 pontoons and 2 tugboats and ancillary works and services under the "Inland Pontoon Facilities" of BIWTA financed by IDA being credit No. 2232 Bangladesh under IWT- III project bid package No. 1‑30‑7. The first contract was signed on 2nd February, 1997 between the appellant and BI..Category: Constitutional Law | Date: 6 Apr, 2004 | Hits: 215
....
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.
......e 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. It is obvious that the first party invoked section 18(2) of the Act, claiming lifti...... illegally and without lawful authority as-the Corporation is neither an industry nor a commercial, establishment or an industrial establishment. As such, its employees, whether employed in a managerial capacity or otherwise, are not workers, either within the provisions of the IRO or under the..
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. ......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. ...... (AD) 213; Bancharam Majumdar Vs. Adyanath Bhattacharja, ILR 36 Cal, 936; Capt BS Demograry Vs. VIF Airways Ltd., 1999 Company Cases 291; In re Harvest Lane Motor Bodies Ltd., (1969) 1 Ch. Div. 457; Nagendra Vs. Satadal, 26 Cal 536; Palikandy Vs. Krishnan Nair, 40 Mad 302 (303); PSL RM Ramanathan Ch..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)
....er has killed his wife for dowry are hearsay evidence. Sub‑section (1) of section 10 provides that if the husband, husband's father, mother, guardian, relative or any person on behalf of husband of woman causes the death of that woman for dowry, the husband, or his relatives shall be sentenced to ......re acts constitute the same transaction. 13. The Bishesh Adalat on a misconception of law has admitted the testimony of PW1 as regards demand of dowry by the condemned prisoner as res gestae. We fully agree with the Bishesh Adalat that the incriminating circumstances as noticed by it are incons......ed by Mohd. Ayub Ali Mollah which is as follows: The occurrence took place on 24‑5‑97 at about 1.00/1.30 PM under Raipur Police Station. Shafali Begum, since deceased, has been given in marriage about 14/15 months prior to the date of occurrence with the condemned prisoner Mohammad Abu Tahe..Category: Women and Children | Date: 1 Mar, 2004 | Hits: 164
State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)
.... not to disclose their names and, also, asked her to admit the commission of crime by herself, in default, her son and daughter would be wiped out from the world. It is an absurd proposition that the woman whose husband was killed would spare enemies of her husband and allow herself to be depicted a......e along with other persons went to house of Mizanur Rahman (P.W.5) and apprehended Anjuara Khatoon and carried her to scene house. He was a witness to seizure list. 19. P.W.11 Md. Altaf Hossain, full brother of Tipu Sultan, in his evidence blurted out that his brother Tipu Sultan by hints and g......chea, great vessels (Ext carotid), nerves and other soft structures and cutting of the body of the 7th cervical vertebra. Death, according to Dr. M Shamsul Hassan (P.W.9), was due to shock and hemorrhage resulting from the injuries which was ante-mortem and homicidal in nature. 4. Anjuara Khatu..Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7
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