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Hasina Begum and others Vs. Chairman, RAJUK and others, 2004, 33 CLC (HCD)
....0. The affected persons of the said land acquisition case have been allotted plots of land according to the last layout plan of Rajuk dated 19‑7‑1999 and in all 92 persons have been allotted such alternative plots. The petitioners are also affected person since they had purchased the lands from ...... plots. In the view the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 237. ..Category: Property Law | Date: 4 Dec, 2004 | Hits: 2
....n view of the discussions made above we do not find any substance in this petition.
The leave petition, accordingly, is dismissed.
Ed.
This Case is also Reported in: 10 BLC (AD) (2005) 39.
...... of the view that even any wrong is committed no one can take advantage of his own wrong to the prejudice of other. In the instant case however we do not find that there was any wrong in allowing the prayer of the writ respondent extending the time of payment of salami in the facts and circumstances..
Category: Property Law | Date: 4 Dec, 2004 | Hits: 82
Civil Engineering Co Vs. Mahkota Technology SDN BHD and others, 2004, 33 CLC (HCD)
.... 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. ......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..Category: Arbitration Law | Date: 10 Nov, 2004 | Hits: 12
....Code as the public servant but out of their private adventure. No sanction of the government thereof necessary in commencing prosecution against the respondent Nos.5 and 6. It is further urged in the alternative that since the present case is still pending before the respondent No.4, Metropolitan Se...... 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 ..
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)
....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. ......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..Category: Election Law | Date: 30 Oct, 2004 | Hits: 142
Hasina Begum Vs. Deputy Commissioner, Dhaka and others, 2004, 33 CLC (HCD)
....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. ......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..Category: Others | Date: 15 Aug, 2004 | Hits: 3
Yusuf Chowdhury (Md.) Vs. Administrator of Waqf and others, 2004, 33 CLC (HCD)
....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. ......‑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..Category: Trust/Waqf Law | Date: 11 Aug, 2004 | Hits: 1
....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.
......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..
Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4
SM Salim Vs. Chairman, Chittagong Club Ltd. and others, 2005, 34 CLC (AD)
....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. ......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..Category: Employment/Service Law | Date: 1 Aug, 2004 | Hits: 100
State Vs. Md. Amir Hamza, 2004, 33 CLC (AD)
....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. ......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..Category: Criminal Law | Date: 31 Jul, 2004 | Hits: 115
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....vernment, at one point of time, advised him to take lease of his homestead measuring an area of 7 decimal of land from the Government failing which, they will evict him therefrom and finding no other alternative, he took lease of 7 decimal of land under compulsion and thus, he retained possession of......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..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
Abdul Malek Sawdagar Vs. Md. Mahbubey Alam and others, 2004, 33 CLC (AD)
....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. ......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..Category: Civil Law | Date: 20 Jul, 2004 | Hits: 160
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
.... Das Vs. Abul Hashem 47 DLR (AD) 6. 35. Rule 7 of Order VII of the Code of Civil Procedure requires every plaint shall state specifically, the relief the plaintiff claims either simply or in the alternative, and it shall not be necessary to ask for general or other relief which may always be gi......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..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. ......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..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Mukul Vs. State, 2004, 33 CLC (AD)
.... 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. ......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". ..Category: Criminal Law | Date: 10 Jul, 2004 | Hits: 100
Roquib Mohammad Fakrul alias Rocky Vs. Md. Abdul Kashem & ors., 2004, 33 CLC (AD)
.... 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. ...... 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..Category: Criminal Law | Date: 30 Jun, 2004 | Hits: 80
Abdul Mumin alias Tanu Miah Vs. Mahfujur Rahman and others, 2004, 33 CLC (AD)
....esha 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 of Akshoy Kumar and an alternative argument was made that sharers of Akshoy Kumar and Rangubala having been partitioned b......ion,partition Suit No. 111 of 1988, is pending before the 2nd Court of Joint District Judge, Sylhet as regard the land of khatian 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..Category: Property Law | Date: 28 Jun, 2004 | Hits: 43
....t of Singapore High Court and that. will create a debt at common law which can be enforced by the Courts in Bangladesh as per provision of section 19 of Singapore International Arbitration Act, 1995, alternatively, the award can be registered in England as a judgment and then can be enforced through......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..
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)
....setting aside the ex parte decree under Order IX, rule 13 CPC after fulfilling the requirement of that Ain i.e. by depositing 50% of the decretal amount. Having not availed of that opportunity as the alternative remedy the writ petitioner has come up before this Court to have the decree set aside on...... 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
....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.
......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..
Category: Banking Law, Corporate Law | Date: 10 May, 2004 | Hits: 9
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