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Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprises Limited, 1997, 26 CLC (AD)
.... while it self submitting to arbitration not only once but twice before the learned subordinate judge, in that context prayer for fresh arbitration is not tenable…………(13) Misconduct on the part of the arbitrators may be a ground for setting aside the award but as because no such plea has ......e appeal is not well founded and liable to be dismissed. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 63. ......e appeal is not well founded and liable to be dismissed. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 63. ..Category: Alternative Dispute Resolution | Date: | Hits: 234
Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)
....d under the law to return the children to the lawful custody petitioner (mother). According to established law, it is in the interest and welfare of the children to be in the custody of their mother, particularly in view of the fact that respondent No.1 was prone to recurring violence and abuse and ......Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ......Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ..Category: Family Law | Date: | Hits: 250
Jahanara Begum Vs. Md. Aminul Islam Chowdhury and others, 1997, 26 CLC (AD)
....bainapatra dated 31-3-73 and promised to execute and register the deed within 6 months. The defendants in all received Taka 9,500.00 Out of Taka 10,000.00 and delivered possession of the suit land in part performance of the contract but the defendants did not execute and register the sale, deed. Ult......n the plaint that possession was delivered after the first agreement. The lower appellate Court wrongly held that, “Paragraphs 4 and 5 of the plaint contradicts about the delivery of possession and payment of consideration of Taka 1500.00” What has been stated in the plaint and adduced in eviden......id provision of law. Consequently, the appeal is dismissed without any order as to costs and the suit is decreed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ..Category: Property Law | Date: | Hits: 86
Utpal Kanti Das Vs. Monju Rani Das, 1997, 26 CLC (AD)
....ersing those dated 18 January 1992 passed by the Family Court, Saturia dismissing Family Court Case No.8 of 1991 brought by the plaintiff and respondent Monju Rani Das for her maintenance. 2. The parties to the suit both belong to the Shudra caste of Hindu community. The plaintiff claimed mainte......ance of any of the essential ceremonies, such as Saptapadi. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 47. ......ance of any of the essential ceremonies, such as Saptapadi. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 47. ..Category: Family Law | Date: | Hits: 212
Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
.... Articles 27 & 29 (iii) Allocation of 40% marks for interview in the context of the situation obtaining in our country and in the context of the finding that the guidelines were arbitrarily departed from, was lopsided and was capable of being used arbitrarily and that 15% marks for interview......d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ......d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ..Category: Constitutional Law | Date: | Hits: 185
Islam Steel Mills Ltd. Vs. Nirman International Ltd. and others, 1998, 27 CLC (AD)
.... of Civil Procedure, 1908 (V of 1908) Order XXXVIII rules 5-10 The main consideration is that the power of attachment of property before judgment being an extraordinary power of interfering with a party’s right to use and enjoy its own property before any decree is passed, the Court should be v......ka 7,86,28,200.35. Defendant- Respondent No. 1, a private construction company, started business with the plaintiff from September, 1988 by making purchases of its steel and iron products on deferred payment basis and by 1994 Taka 24,77,58,181.71 became due from respondent No. 1 and respondent No. 2...... trying to withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 21. ..Category: Procedural Law | Date: | Hits: 134
Bangladesh Bar Council Vs. Khawja Abdul Gani and another, 1997, 26 CLC (AD)
.... of the Bangladesh Bar Council is against the judgment and order dated 27-11-94 passed by a Division Bench of the High Court Division in first Miscellaneous Case No. 80 of 1994 allowing the appeal in part and substituting an order of reprimand in place of an order made by Tribunal No. 1 constituted ......ent case, although offence of this nature is not compoundable. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 18. ......ent case, although offence of this nature is not compoundable. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 18. ..Category: Others | Date: | Hits: 105
Moslemuddin (Md) and others Vs. Md. Jonab Ali and another, 1997, 26 CLC (AD)
....by Sharifuddin Chaklader, Advocate-on-Record — For the Respondent Nos. I(I), (II), (V) and (VII). Shamsul Haque Siddique, Advocate-on-Record—For the Respondent No. 2. Ex parte—Respondent Nos. 1(III), (IV) and (VI). Civil Appeal No. 23 of 1992. Judgm......is dismissed. The Specific Relief Act, 1877 (I of 1877), Section 42 The trial court found that the place, time, manner of entering into any oral agreement, settlement of consideration and payment towards the same, demand of conveyance and also alleged delivery of possession have not been......ng with the judgment of the appellate Court, which we uphold. This appeal is, accordingly, dismissed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 13; 17 BLD (AD) 328. ..Category: Property Law | Date: | Hits: 88
Al-Haj Abul Basher Vs. Bangladesh and others, 1997, 49 CLC (AD)
....y Act, 1948. According to the petitioners, their land remained unutilized for the last 26 years by the CDA. In the meantime, the petitioners came to know from the Inter Ministerial Communications and particularly from Annexure “B” dated 30-8-84 that the Ministry of Land Administration gave a gen......same cannot be said to be arbitrary, unfair and illegal. For the reasons stated above, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 11, 1997 BLD (AD) 321. ......same cannot be said to be arbitrary, unfair and illegal. For the reasons stated above, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 11, 1997 BLD (AD) 321. ..Category: Property Law | Date: | Hits: 81
Azizur Rahman alias Md. Azizur Rahman Vs. Bangladesh, 1997, 26 CLC (AD)
....ference, can exercise such jurisdiction which will not be without jurisdiction and void ab initio. 11. Khandker Mahbubuddin Ahmed submits that this practice will lead to a floodgate. Unscrupulous parties will be tempted to make out a case of urgency and they will invite interference from the Sin......beginning of this judgment to be in the positive, namely, that there is jurisdiction to interfere, the appeals arc dismissed. No costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 8. ......beginning of this judgment to be in the positive, namely, that there is jurisdiction to interfere, the appeals arc dismissed. No costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 8. ..Category: Procedural Law | Date: | Hits: 138
Giasuddin (Md) Vs. MV Forum Power and ors, 2001, 30 CLC (AD)
.... The Customs Act, 1969 (IV of 1969), sections 64, 66 & 67 Provisions of sections 64, 66 & 67 of the Customs Act have no manner of application in case of supply of spare parts, machineries, provision and necessaries to a vessel in distress. There is no legal bar in the...... by issuing certificate. Plaintiffs sent those bills to the defendant No.4. On the request of defendant Nos.2 and 3 the plaintiff also supplied stationery amounting to US $ 134.00. Plaintiff demanded payment of the bills for the aforesaid goods supplied by him from the defendants who in spite of pro......realisation of Taka 11,59,882.25 with cost against the defendant respondent Nos. 1-5 as prayed for. Ed. This Case is also Reported in: 53 DLR (AD) (2001)19 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
Nazem Uddin Vs. Election Tribunal & Others, 2001, 30 CLC (AD)
.... of filing of the election, because such averments ‘are practically in the nature of filing a fresh election petition on new allegations. The Election Tribunal surely has the power to allow the parties to amend their pleadings if it deems it fair and proper but it has no power to relate back a...... the same. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 17 ...... affect the chances of election of the election petitioner respondent No. 2 in spite of objection by him. Though his nomination paper was rejected by the Returning Officer on the grounds of his being loan defaulter of Sonali Bank and tax defaulter of Shaplapur Union Parishad the same was illegally a..Category: Election Law | Date: | Hits: 109
Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd and others, 2000, 29 CLC (AD)
....e short fact leading to this petition is that the petitioners as plaintiffs earlier instituted Title Suit No. 177 of 1994 in the Court of the Subordinate Judge, Dhaka for declaration of the title and partition of the suit properties. That suit on contest was dismissed by the trial Court which decree......rrect appreciation of both law and fact. There is therefore no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 12. ......rrect appreciation of both law and fact. There is therefore no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 12. ..Category: Property Law | Date: | Hits: 101
Hosne Ara Begum and another Vs. Islami Bank Bangladesh Limited, 2000, 29 CLC (AD)
....1993 respondents filed an application for recalling PW 1. The prayer was allowed. After closure of the evidence the case was fixed for argument on 7-8-1993. Again on 28-2- 1994 the case was argued in part and it was adjourned to 9-3-1994 for further argument. Thereafter ultimately argument was concl......ory power under Article 109 of the Constitution is not available. For the following reason stated above, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 9. ......r further argument on 9-5-1994. One day prior to that the respondent filed an application for recalling PW 1 again to prove certain documents as through mistake certain valuable documents relating to loan had not been proved. The learned Judge of Artha Rin Adalat allowed the application of the respo..Category: Business or Commercial Law | Date: | Hits: 148
Shah Sufi Taj Islam Vs. Begum Rokeya Chowdhury and another, 2000, 29 CLC (AD)
....missions made by Mr. Mahbubey Alam, the learned Advocate for the petitioner, do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 7. ......missions made by Mr. Mahbubey Alam, the learned Advocate for the petitioner, do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 7. ......es and that the plaintiff used to look after them residing in the house of defendant No. 1 and that the plaintiff wanted to construct a pucca building on the suit land and for that she wanted to take loan from the House Building Finance Corporation and that defendant No. 1 assured her of getting loa..Category: Civil Law | Date: | Hits: 162
Mahmudul Islam alias Ratan vs. State, 2000, 29 CLC (AD)
....witnesses who testified about the presence of that witness cannot be discarded for non-seizure of blood-stained wearing apparel of that witness specially when presence of the accused person and their participation in the occurrence was established in the cross-examination of the witnesses by the def......ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ......ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ..Category: Criminal Law | Date: | Hits: 108
Tara Mia & others Vs. Taru Mia & others, 2006, 35 CLC (AD)
....structed by Md. Sajjadul Huq, Advocate-on-Record- For the appellants. Tabarak Hossain, Advocate instructed by Ahsanullah Patwary, Advocate-on-Record- For the Respondent No. 7. Ex- parte- Respondent Nos. 1-6 & 8-10. Civil Appeal No. 10 of 1998 (From the Jud...... objection filed by the plaintiffs against recording of the land in the name of the defendants in the S.A Khatian on the ground that the defendants were in possession. Some rent receipts showing payment of rent by the defendants have been filed along with these documents before the Assistant Se......e, we are of the view that the High Court Division did not commit any error in allowing the appeal. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 76
Syed S.M. Hasan Vs. Bangladesh, 2002, 31 CLC (AD)
.... out from the second group would also apply with equal or perhaps better force for the appellant and 12 others left out from the first group and as such the Finance Minister's recommendation was partial and discriminatory for not including the names of 13 persons including the......le of equity and good conscious. In the result, this appeal is dismissed without an order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 76. ......le of equity and good conscious. In the result, this appeal is dismissed without an order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 76. ..Category: Administrative Law | Date: | Hits: 130
Agrabad Hotel Ltd. & another Vs. Revenue Deputy Collector, Cox's Bazar & others, 2006, 35 CLC (AD)
....ny was directed to deposit Tk. 3,53,335/- by letter dated 24th April, 1986. Accordingly the Company deposited the entire money and a registered deed of lease dated 19.06.1986 was executed between the parties. The appellant took possession of the land and started the construction of the proposed 5-St......the letter dated 19.01.1989 raised objection to the refixation of the salami amount. Thereafter, the Company was directed to pay additional amount of Tk. 2,79,312/-. The appellant while preparing for payment of the said additional amount of salami the Ministry of Land cancelled the lease earlier mad......e discussions made above, we are of the view that the High Court Division was not justified in discharging the Rule. The appeal is, accordingly, allowed. No order of cost. Ed. ..Category: Property Law | Date: | Hits: 127
Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)
.... Lawyers Involved: Abdus Salam Khan, Senior Advocate, instructed by Wahidullah, Advocate-on-Record- For the Appellants. Sharifuddin Chaklader, Advocate-on-Record- Respondent Nos. 1-6. Ex-parte- Respondent No.7-8. Civil Appeal No.92 of 1999. (From the Judgment and Order dated 27-......ers. 16. The Court of Appeal below also held that Exts. (4) & (5) the rent receipts showing Ramkumar as tenant for the year 1288 and 1289 Moghal Era are forged and fabricated and that non payment of the rent by the plaintiffs predecessor or plaintiffs did not extinguish their right in th......he High Court Division are set aside and those of the learned District Judge duly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ..Category: Procedural Law | Date: | Hits: 112
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