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Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)
....ellant. If no deposit is made within that period the appeal stands dismissed. Let the lower Courts records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 310. ......an money nor did he offer to return the earnest money. She has stated that in the bainapatra there was condition that if the appellant fails to execute and register the sale deed within the specified period of 3, months they will be entitled to get the deed registered through Court. Further conditio..Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6
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. ......uld 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 he co..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
.... arranged to be paid from that account by an arrangement made with the bank, such person shall be deemed to have committed an offence under the said section. However, certain conditions precedent are stipulated in the proviso of section 138(1) which are to be complied with before imposing any crimin......with fine which may extend to the amount of the cheque, or with both. Provided that nothing contained in this section shall apply unless‑
(a) the cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whiche..
Category: Banking Law, Criminal Law | Date: 19 Jul, 2004 | Hits: 3
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. ......at the relevant time the Secretary of Rahimia Land and Tea Company (Private) Ltd, Jalpaiguri and he paid income tax on his salary of Taka 10,282 and on dividend of Taka 214 respectively during the period from 1-4-1960 to 31-3-1961. It further appears that the plaintiff admitted in his examinatio..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Hafez Abdus Salam Vs. Syed Fazlul Quader and another, 2004, 33 CLC (HCD)
....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. ...... application made under section 115 of the Code of Civil Procedure absolute and set aside an order of a District Judge which allowed the appellant time to file deficit court fees beyond the statutory period of 21 days as per the proviso to Order VII, rule 11 of the Code of Civil Procedure and reject..Category: Civil Law | Date: 29 Jun, 2004 | Hits: 3
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. ......et rate in the provision of Order 11 of done without lawful authority." Mr. Sultan Ahmed, the learned Advocate appearing in person has, however, submitted that in view of proximity of period of requisition and acquisition the writ‑petitioner is entitled to adequate compensation..Category: Constitutional Law | Date: 29 Jun, 2004 | Hits: 232
AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)
....ement No. JE‑23/82/239 dated 22‑12‑82 (Annexure‑B) inviting applications for recruitment to 650 posts of Magistrate in BCS (Administrative: Administrative) Cadre. In this Advertisement it was stipulated that "Selected persons after appointment to BCS (Admn: Admn) will be placed in the Cadre ......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
....X of 1997) is a special law, was enacted in order to make provisions relating to bankruptcy.
Section 28 empowers the court to dismiss the plaint even before taking of evidence if the conditions stipulated in the said provisions are satisfied.
Since from reading of the petition under secti......titioners 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 for a period of 6 (six) months which was extended from time to time.
4. An affidavit-in-opposition wa..
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)
.... 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. ......rson aggrieved". Section 18 of the Act is about the duration and renewal of registration, sub‑section (1) of the said section provides that the registration of a trade mark shall be for a period of seven years, but may be renewed from time to time in accordance with the provision of this..Category: Others | Date: 5 May, 2004 | Hits: 4
Sunder Ali being dead his heirs A. Hannan & ors. Vs. Md. Serajul I. Sarker & ors., 2004, 33 CLC (AD)
....allowed. The trial Court is directed to proceed with the trial of Title Suit No. 4 of 1995 and to dispose of the same expeditiously. There is no order as to costs. Ed. ......acts have been clearly stated leading to the filing of the suit. In the aforesaid 2 paragraphs facts have been in detail narrated as to what led plaintiffs to file the suit. In the said paragraphs period since when their title was clouded because of the activities of the defendants was stated an..Category: Property Law | Date: 27 Apr, 2004 | Hits: 102
Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)
.... 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: ......ts but held that at the moment the respondents had no alternative legal remedy, equally convenient, beneficial and effectual because the respondents could not file a suit till after the expiry of the period of sixty days requited for the purpose under section 80, Civil Procedure Code, and unless pro..Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175
Abdul Jabbar Vs. Md. Lokman Hossian, 2006, 35 CLC (AD)
.... 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. ......e plaintiff that the defendant, herein petitioner, was a tenant under him, that an agreement was entered into on 3.2.1988 between the plaintiff and the defendant in respect of the suit premises for a period of 5 years at the monthly rent of Tk. 801/-, that after expiry of the said period defendant d..Category: Tenancy Law | Date: 21 Apr, 2004 | Hits: 69
Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)
....In the work order, it was specifically required of the company to commence the work within seven days and complete by 1‑10-1996. The work could neither be commenced nor be completed within the stipulated time. On 12‑4-1997 the work order was cancelled on the ground that the respondent ......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
Agrani Bank, rep. by the Chairman, BoD, & ors. Vs. Khandaker Badrudduza, 2004, 33 CLC (AD)
.... 14. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......dified to that of reducing the applicant appellant to the lowest stage in the Time Scale. The applicant‑appellant is entitled to all arrears of financial benefits as per rule for the period he was out of duty because of the order of dismissal from service." 6..Category: Administrative Law | Date: 6 Apr, 2004 | Hits: 130
Ananda Builders Ltd. Vs. Bangladesh Inland Water Transport Authority and others, 2004, 33 CLC (AD)
....itted that the contract is not a statutory contract or a sovereign contract but an ordinary commercial contract between the parties and that in clause 28 of the Contract agreement it has been clearly stipulated that the purchaser and supplier shall resolve amicably any dispute resorting to the .arbi...... the application for price escalation submitted by the appellant stating that as per IDA guideline the respondent BIWTA was obliged to provide a place adjustment formula for the extended bid validity period on its request for extension of bid validity, as a matter of natural justice the appellant le..Category: Constitutional Law | Date: 6 Apr, 2004 | Hits: 215
Shakawat Hassan Vs. State, 2004, 33 CLC (HCD)
.... This Case is also Reported in: 57 DLR (2005) 244. ......tioners has no forum to surrender. As the petitioner has no forum to surrender at this stage and police is after him we are inclined to enlarge the accused-petitioner on anticipatory bail for limited period till submission of police report. 7. Accordingly, the police is directed not to arrest t..Category: Criminal Law | Date: 4 Apr, 2004 | Hits: 1
Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)
....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. ......tion Bureau, Bogra lodged five First Information Reports with Adamdighi Police Station, Bogra alleging misappropriation of different quantities of rice and different numbers of gunny bags between the period 14‑9‑1985 and 15‑9‑1991 by the accused respondents in the appeals and others as god..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)
....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.......ng back the case on remand is that the defendant No. 1 should be given a chance to get the disputed signature examined by handwriting expert, in our view, was not a well founded one, since during the period between December 8, 1988 (the date on which written statement was filed) till July 23, 1992 (..Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)
....passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance. Accordingly, the petition is dismissed. Ed. ......uot; 4. As to the contention that the provisions of Rules 11 and 12 were violated, the High Court Division has observed as follows: "The period as contemplated for forwarding the resolution within three days from the date of passi..Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269
....
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.
...... me petitioner-Corporation without taking any decision, kept the matter undecided and pending for years together continuing the order of suspension upon him to his greatest prejudice, much beyond the period of 60 (sixty) days, illegally violating the provisions of section 18(2) of the Employment of ..
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
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