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Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)

.... in Jalpaiguri and 30 share of Nipuchapur Tea Estate but, in fact, he got back 10 decimal of land at Jalpaiguri and 30 share of Nipuchapur Tea Estate from Satish Kamal Sen and others afterwards on payment of cash money to Satyabati Devi. Satish Kamal Sen and other co-sharers and the owner of Kus......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)

....t the condemned prisoner made demand of dowry of Tk. 50,000, that 3 months preceding the date of occurrence the condemned prisoner and the members of his family tortured Swapna Begum for non‑payment of the amount demanded as dowry and having had heard about the said fact of torture the inf...... 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

Hafez Abdus Salam Vs. Syed Fazlul Quader and another, 2004, 33 CLC (HCD)

.... Code of Civil Procedure might be available. 19. In District PE Officer Vs. Joynal Abedin, 40 DLR 328 a single Bench of this Division considered such order rejecting a memo of appeal for non­payment of court fees in a revision application made under section 115 of the Code of Civil Procedur......onnected Civil Rule 550(FM) of 2003 is accordingly, discharged with cost. Communicate the order at once. Ed. This Case is also Reported in: 57 DLR (2005) 640.     ..

Category: Civil Law | Date: 29 Jun, 2004 | Hits: 3

Rajshahi Develop­ment Authority Vs. Sultan Ahmed, Advocate and others, 2005, 34 CLC (AD)

....sposed, of thereunder, as if it has not been repealed but the High Court Division illegally applied the provisions of the  said Ordinance in the instant proceeding drawn under the said Act for payment of full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 p......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. ..

Category: Constitutional Law | Date: 29 Jun, 2004 | Hits: 232

Unicol Bangladesh Blocks Thirteen and Fourteen (formerly named Occidental of Bangladesh) and another V. Maxwell Engineering Works Ltd and another, 2004, 33 CLC (AD)

....mpleted because of several reasons beyond the control of the plaintiff, that though the defendant No. 1 issued mechanical completion certificate on 4‑1‑1999 and 4‑2‑1999 but instead of making payment for the work so done the said defendant terminated the contract on May 10, 1999, that the pl......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

Abdul Gaffar Chowdhury Vs. Joint District Judge and Artha Rin Adalat & others, 2004, 33 CLC (HCD)

....of 2002. Judgment Md. Awlad Ali J.- This Rule Nisi was issued calling upon the respondents to show cause as to why sections 6 and 7 of the Artha Rin Adalat Ain, 1990 insofar as they provide for payment of 50% of the decretal amount when it was sought by the defendant petitioner to either have ...... 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. ..

Category: Banking Law | Date: 14 Jun, 2004 | Hits: 310

Govt. of BD rep. by DC Vs. Anwara Huq & ors., 2004, 33 CLC (AD)

....) in Arbitration Case No. 1 of 1987 making award of Taka 37,23,664.41 and thereupon deducting the amount of Taka 3,69,786.22 already received by the respondents on protest made the final order for payment of Taka 33,53,878.19.  2. Facts, in short, are that respondents' property measu......rator has not committed any error of law. In view of the discussions made hereinabove we do not find any merit in the appeal. Accordingly, the appeal is dismissed with costs. Ed. ..

Category: Property Law | Date: 25 May, 2004 | Hits: 121

National Oxygen Limited and others Vs. Additional District Judge and Bankruptcy Court, Chittagong and another, 2004, 33 CLC (HCD)

....ank, in accordance with the provisions of the Bankruptcy Act, 1997 presented the case after compliance of all the pre‑conditions spelt out in the said provisions by issuing the notice demanding the payment and after the expiry of the requisite period as spelt out in the Bankruptcy Act filed the ca......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

Asadul Hoque, Trading as Samrat Shoe Vs. Registrar of Trade Marks & another, 2004, 33 CLC (HCD)

....ay be. The application for renewal of registration has to be filed in Form TM 12. From a perusal of Form TM 12 it appears that the application has to be filed observing some formalities including the payment of an additional fee; the application has to be filed within 3(three) months from the date o...... 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)

....sition and Tenancy Act was not available and the Miscellaneous case filed seeking pre-emption was not maintainable since there was separation of jama and that the separation so made was acted upon by payment of rent, and the same was tried to be established by the pre-emptees showing payment of rent......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

Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)

.... irreparable and irremediable loss of possession of the mining leases involving a huge waste of labour, machinery and other resources of equipment of immense value hardly capable of being remedied by payments of money as compensation. The High Court therefore passed an order that till three months f...... 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)

.... the same. 2. Facts, in short, are that predecessor of the Respondents filed aforementioned S.C.C. Suit seeking eviction of the peti­tioner 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 tenan...... 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)

.... 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 account of compensation or damages. Clause 3(c) of the contract rather ......le, on 3‑4‑1997 the licence of the company was cancelled and it was blacklisted for gross violation of the contract for construction of Mouchak Bridge at Gazipur causing huge loss to the public exchequer. In view of such development, the instant contract was rescinded by a letter dated 12-4‑19..

Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3

Ananda Builders Ltd. Vs. Bangladesh Inland Water Transport Authority and others, 2004, 33 CLC (AD)

....functionaries involved in the contract the contractor has legitimate expectation of getting the escalation of prices in respect of the contract work and that the appellant is accordingly, entitled to payment of liquidated amount of money on account of escalated price as have been found and recommend...... 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

Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)

....se and accordingly, plaintiff took possession of the suit house as monthly tenant upon fixation of monthly rent at the rate of Taka 1,200 and lie paid the rent upto March, 1983 and thereafter stopped payment of rent, that in 1987 he (defendant) came to know that the plaintiff No. 1 got the electrici......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

Chittagong City Corporation, represented by its Mayor and 3 others Vs. Md. Afzal Hossain and others, 2004, 33 CLC (HCD)

....for this unreasonably long period violated not only the said provision but all canons of law and the Labour Court rightly directed the Corporation to lift the order of suspension and also to make the payment of his arrear salary for the entire period. On the question of maintainability of the case b...... 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

Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)

.... view of the fact that the claims are disputed by the company. The further case of the company is, that the company is willing to pay the legal dues of the petitioners and they have already made some payment to them and the company will give the balance dues to the petitioners on settlement of accou......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

State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)

....his wife at the subsequent stage". PW 1 has not stated that he has paid Taka 14,000 as dowry to the accused at the time of marriage as per demand of the latter. He has also not stated that after such payment, the accused on greed of dowry has been demanding dowry to him (PW 1). The Bishesh Adalat ha......inding on the basis of the evidence to be available with the record. The office is directed to transmit the case record at once. Ed. This Case is also Reported in: 56 DLR (2004) 556. ..

Category: Women and Children | Date: 1 Mar, 2004 | Hits: 164

Govt. of BD. rep. by Sec., Min. of Post, T&T & ors. Vs. Abul Khair, 2004, 33 CLC (AD)

....mar Dutta, sons of the aforesaid Dejindra Chandra Dutta most illegally causing financial loss to the Government. It was also found that the respondent tried to misappropriate Taka 6000 at the time of payment of a Defence Savings Certificate. When the occurrence of temporary defalcation came to the k......llate Tribunal when apparently the respondent has not been dealt with in accordance with law following, the principles of natural justice.  The petition is dismissed.  Ed. ..

Category: Administrative Law | Date: 23 Feb, 2004 | Hits: 125

Abdus Sattar (Md) and ors. Vs. Lalon Mazar Sharif & Seba Sadan Committee & ors., 2004, 33 CLC (AD)

....ccordingly prepared and finally published. After the death of the said CS recorded tenants Pari Nesa, Abdul Gafur. Elach Nesa, Osiran Nesa, Noorjahan and Amena Khatun inherited the suit land. For non payment of rent landlord filed Money Suit No. 728 of 1944 against the tenants and got a decree, The ......onsideration of the evidence on record has arrived at the correct finding and, as such, no interference is called for.  Accordingly, this leave petition is dismissed.  Ed. ..

Category: Property Law | Date: 11 Feb, 2004 | Hits: 127