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Shamsul Haque (Md) Vs. Amina Khatun and others, 2004, 33 CLC (AD)
....05) 23......., inter alia, that the case was not maintainable in its present form and frame, bad for defect of parties and barred by limitation. The substantive case of the pre-emptees, in short, is that the case property was originally a ditch and they filled it by earth and constructed dwelling hut thereon spe..Category: Civil Law | Date: 31 Aug, 2004 | Hits: 156
Yusuf Chowdhury (Md.) Vs. Administrator of Waqf and others, 2004, 33 CLC (HCD)
....; Chowdhury (Md.)……………………………………………Petitioner Vs. Administrator of Waqf and others……………………………Op......since then continued to be so recorded in SA and BS record of rights without any objection from any quarter. The land was being held as waqf for about 76 years. The Waqf Administrator without holding proper enquiry upon notice on the beneficiaries said that the land was not enlisted as Waqf and such..Category: Trust/Waqf Law | Date: 11 Aug, 2004 | Hits: 1
Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)
.... S Rahman Miah J Dewan Abul Abbas………………………………………Petitioner Vs. Muna Haque and other……………………………&he......No.2, Dhaka in Title suit with a direction to execute and register the sale deed within 30 days from the date of judgment. 2. Fact necessary to dispose of this appeal, in brief, is that the suit property comprising building is in the Model Town of Banani. The suit property originally belonged t..Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....J Nurul Haque (Md.) ……………………………………………Petitioner Vs. Anowara Begum and others……………………………&h....... Result: The Rule is discharged. Easement Act (V of 1882); Section 60 Possession is the objective realisation of ownership. It is the de facto exercise of a claim to certain property and a de facto counterpart of ownership. Possession is a right in the de facto relation of ..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
.... 57 DLR (2005) 603.
......50 of 1997 punishable under section 138 of the Negotiable Instruments Act (Act XXIV/1881) should not be set aside or pass such other order or further order or orders as to this court may seem fit and proper.
2. In short, the case of the prosecution for the purpose of disposal of this Rule is as..
Category: Banking Law, Criminal Law | Date: 19 Jul, 2004 | Hits: 3
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
.... (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Huq J Zamini Bala Das..........................................Petitioner Vs. Abdul Aziz and others.................................Opposite Parties Judgment July 17, 2004. R......son Bhupati Bhushan Das as his only legal representative. By a family partition effected by a registered deed in 1936 Juthisthir and Arjun and their nephew Bhupati Bhusan Das partitioned their entire property and by way of that partition Juthistir got said northern 36 decimals of land in his share a..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
.... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tofazzul Islam J Nurul Haque and others.......... Appellants Vs. Abdus Salam Chowdhury and ors. …......Resp......and materials on record and without adverting to the reasoning given by the trial court reversed the findings of the trial court. Therefore, the judgement of the High Court Division is not a proper judgement of reversal……………………(33) ..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
ACI Ltd Vs. Square Pharmaceuticals Ltd. and another, 2004, 33 CLC (HCD)
....evisional Jurisdiction) Present: Md. Abdur Rashid J SAB Mahmudul Huq J ACI Ltd..........................................Petitioner Vs. Square Pharmaceuticals Ltd. and another.........Opposite Parties Judgment June 23, 2004 Result: The Rule i...... 11. Impugned order dismissing the appeal therefore, must be struck down. 12. But sending the appeal back to the appellate Court for decision on merit would now serve no purpose nor it would be proper for us to decide the legality of the order of ad-interim injunction. Because any decision on ..Category: Civil Law | Date: 23 Jun, 2004 | Hits: 1
Abdul Gaffar Chowdhury Vs. Joint District Judge and Artha Rin Adalat & others, 2004, 33 CLC (HCD)
.... Court High Court Division (Special Original Jurisdiction) Present: Md. Awlad Ali J Mir Hashmat Ali J Abdul Gaffar Chowdhury............... Petitioner Vs. Joint District Judge and Artha Rin Adalat & others..........Respondents Judgment June 14, 2004. Results: ......hich ought to have been served, but have never come to the notice of the defendant at all, excluding, of course, cases of substituted service, service by filing in default, or cases where service has properly been dispensed with Danckwerts, LJ., adopted that judgment. I do not myself attach importan..Category: Banking Law | Date: 14 Jun, 2004 | Hits: 310
AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)
....zzul Islam J MA Aziz J Amirul Kabir Chowdhury J AHM Mustain Billah & others…………. Petitioners Vs. Bangladesh represented by the Secretary, Ministry of Establishment and others ...........Respondents Judgment May 23, 2004. The Constitution of Bangladesh......cation dated 1‑3‑1988 following the provision of rule 3(g) introduced in 1985 in the BCS Service Seniority Rules 1983 inasmuch as the ‘notional' seniority is inherent in the seniority rules for proper placement in the respective cadre given to the appointees who would, however, get no financi..Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128
Sultan Miah (Md) Vs. Kazi Abu Siddique and others, 2005, 34 CLC (AD)
....azlul Karim J MA Aziz J Amirul Kabir Chowdhury J Sultan Miah (Md)…………………....Petitioner Vs. Kazi Abu Siddique and others .............Respondents Judgment May 8, 2004. ...... learned Advocate of the petitioner and on perusal of the impugned judgment of the High Court Division, We find that the learned Single Judge Meticulously considered the case of both parties in their proper perspective and the learned single Judge held that there are discrepancies regarding the area..Category: Civil Law | Date: 8 May, 2004 | Hits: 825
Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)
....l Amin J M.M. Ruhul Amin J Md. Tafazzal Islam J Rokeya Begum………………………..Appellant (In both the Appeals) Vs Md. Nurul Absar and others………….................Respondents (In C.A.No.84 of 1999) Md. Nurul Alam and other...... section 24 of the Non-Agricultural and Tenancy Act without amendment of the application for pre-emption filed under section 96 of the State Acquisition and Tenancy Act pursuant to a proper application by the pre-emptors to that end and that the findings about the separation of the ..Category: Property Law | Date: 25 Apr, 2004 | Hits: 42
Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)
....to make an order of reference to the arbitrator appointed by the parties, whether in the agreement or otherwise. The Court can appoint an arbitrator only when the contract did not name any arbitrator and the parties failed to agree to appoint an arbitrator. Not otherwise. 'No objection' on b...... of the Superintendent Engineer, LGED of the District for the time being in the manner provided by law relating to arbitration for the time being in force who after such investigation as he may think proper shall deliver his award which shall be final, conc..Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3
Agrani Bank, rep. by the Chairman, BoD, & ors. Vs. Khandaker Badrudduza, 2004, 33 CLC (AD)
....ellate Division (Civil) Present: Md. Ruhul Amin J M M Ruhul Amin J Md. Tafazzul Islam J Agrani Bank, represented by the Chairman, Board of Directors, and others .....Appellants Vs. Khandaker Badrudduza ......................Respondent&......hile the respondent himself admitted his guilt, that in one year the respondent remained absent unauthorisedly for 113 days and this indicates the attitude of the respondent and, as such, for proper management of the banking affairs respondent had been rightly and correctly dismissed by the..Category: Administrative Law | Date: 6 Apr, 2004 | Hits: 130
SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)
....Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J SM Jillur Rahman ..............Appellant Vs. Bangladesh and others .......................Respondents Judgment April 5, 2004. T......nuddin as Special Public Prosecutor was conducting the hearing of the case with all seriousness as such cancellation of the appointment of said Advocate Mr. Md. Borhanuddin as likely to hamper the proper conducting of the Sessions Case and consequent thereupon as there is likelihood of failure o..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259
....t
High Court Division
(Special Original Jurisdiction)
Present:
ABM Khairul Haque J
Md. Miftahuddin Choudhury J
Chittagong City Corporation, represented by its Mayor and 3 others............Petitioners
Vs.
Md. Afzal Hossain and others ...........................an, DIT Vs. Chairman, Second Labour Court 34 DLR (AD) 37. He submits that the respondent No.2 is an employee and if he is aggrieved by any order of the Corporation, he could file an appeal before the proper authority or might even file a suit before the civil Court but he, not being a worker, did no..
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Akram Hossain (Md.) Vs. Sahera Khatun and others, 2004, 33 CLC (HCD)
....Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J S Rahman Miah J Akram Hossain (Md.)................................Petitioner Vs. Sahera Khatun and others.........................Respondents Judgment March 8, 2004. Result: T...... Result: The Rule is discharged. Whether or not the oral contract as claimed by the plaintiff is genuine and enforceable in law Addition of subsequent transferees is necessary for proper adjudication of the question whether the plaintiff’s case of alleged contract between t..Category: Contract Law | Date: 8 Mar, 2004 | Hits: 5
Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
.... Edruc Limited ..........................................Respondent Judgment March 3, 2004. Result: The applications are dismissed. Cases Referred to- Amin Scales Ltd. and another Vs. Md. Yakub, 1987 BLD (AD) 259 = 39 DLR (AD) 201; Haridas Vs. Baroda Kishore, 27 Cal 3......ince Mr. Shamsuddin Babul, the learned Advocate appearing for the respondent, raised the preliminary question of maintainability of these applications is would be proper for me not to enter into the merits of the case at this stage and see if the applications are..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)
.... Cases referred to- State Vs. Bahar Miah, Death Reference No. 3 of 2002. Lawyers Involved: Nikhilesh Dutta, Deputy Attorney General with Mohammed Baset, Assistant Attorney General and Fara Mahmuda, Assistant Attorney General ‑ For the State. Dr. Mohammad Abul Bashar, Advoc......ain fact and explanatory of it, including acts and words which are so closely connected therewith as to constitute a part of the transaction, and without a knowledge of which the main fact may not be property understood. They are the events themselves speaking through the instinctive words and acts ..Category: Women and Children | Date: 1 Mar, 2004 | Hits: 164
Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)
....ithout any order as to costs. Ed. ......d Property (Control, Management & Disposal) Order, 1972, Article 10 The predecessor of the appellant having been inducted in the premises in dispute as an allottee of the government after the property was declared abandoned, the appellant, not being in the same footing, can not claim the sam..Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133
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