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Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....the plaint to the plaintiff for filling it before an appropriate Court and the plaintiff has re-filed it by amending the plaint in the Court of the Subordinate Judge. Thakurgaon and the suit has been registered as the Other Suit No.5 of 1984 and during trial of the case neither party adduced any add......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. ...... Constructive possession is not equal possession…………..(29) Cases Referred to- Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 44 DLR (AD) 147; Abdus Sattar Vs. Abdul Rahman and others, 44 DLR (AD) 100; Radhamoni Debi Vs. Collector and..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
Chairman, RAJUK Vs. MN Alam and Associates Limited, 2004, 33 CLC (HCD)
....4,022.55. 3. Then, on 3‑1‑99 the consultant filed an application before aforesaid Court under section 14 (2) of the Arbitration Act for making the award Rule of Court and the application was registered as Title Suit No.1 of 1999. 4. On 3‑2‑99 the RAJUK appeared and after taking tim......f stay granted at the time of issue of the Rule on 4‑9‑02 is recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 626. ......ly those disputes which are referred to him………………….(24-26) Cases Referred to- Janab Md. Asalat Zaman Vs. Government of Bangladesh, 2003 MLR (AD) 233 = 55 DLR (AD) 139; BADC Vs. Quality Associated Limited, 46 DLR (AD) 97; Associated Engineeri..Category: Arbitration Law | Date: 27 Jul, 2004 | Hits: 8
MM Ishak Vs. State and another, 2004, 33 CLC (HCD)
....rt and the statement of the witnesses recorded under section 161 of the Code of Criminal Procedure took cognisance of the offence under sections 11 (kha)/30 of the Ain against the accused persons and registered the case as Nari-o‑Shishu Nirjatan Case No. 750 of 2003, The accused persons appeared...... Nari‑o‑Shishu Nirjatan Daman Tribunal No. 4, Dhaka, is hereby quashed. Communicate this judgment to the concerned Tribunal at once. Ed. This Case is also Reported in: 56 DLR (2004) 516. ...... Nari‑o‑Shishu Nirjatan Daman Tribunal No. 4, Dhaka, is hereby quashed. Communicate this judgment to the concerned Tribunal at once. Ed. This Case is also Reported in: 56 DLR (2004) 516. ..Category: Women and Children | Date: 25 Jul, 2004 | Hits: 156
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
....time. Said brothers acquired the land with the income of the joint family. Bhim Das Poddar died leaving a 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 e......f the trial Court restored. The suit is decreed as prayed for. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 774. ......July 17, 2004. Result: The Rule is made absolute. Cases Referred to- Hamida Begum Vs. Murad Begum, PLD 1975 SC 624; Abdul Jalil Munshi and another Vs. Abu Baker Siddique, 35 DLR (AD) 42; Babul Kanti Das Vs. Abul Hasem and ors, 47 DLR (AD) 6; Md. Abdul Nasir and ors Vs. People..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
Mukul Vs. State, 2004, 33 CLC (AD)
....rom the condemned prisoner's side information was lodged with the Narail Police Station about the unnatural death of Swapna Begum and thereupon UD Case No. 57 of 1999 dated 18‑41999 was registered. The police personnel of Narail Police Station went to the house of the condemned prison......registered. The police personnel of Narail Police Station went to the house of the condemned prisoner and after holding inquest sent the dead body to the morgue. 7. After receiving the post mortem report by the police, the informant lodged the FIR on April 24, 1999 and thereupon Nara...... Zulfikar Ali Bhutto vs State, PLD 1979 SC 741; M Amir Khan vs Controller, State Duty, 14 DLR (SC) 276, Zobaida Nahar @ Jharna vs Khairunnessa being dead her heirs Md Feroz Alam and others, 3 BLC (AD) 170, Nurul Hussain vs Government of the People's Republic of Bangladesh, 1 BLC (AD) 219 and 43 ..Category: Criminal Law | Date: 10 Jul, 2004 | Hits: 100
Abdul Mumin alias Tanu Miah Vs. Mahfujur Rahman and others, 2004, 33 CLC (AD)
....ncle Abdul Ghani who died leaving only daughter,Respondent No. 2 Farida Begum. It was the case of the pre-emptor that Farida Begum as co-sharer of the khatian in question sold parcels of land by five registered kabalas dated September 5, 1988 to Mehfuzur Rahman, the Respondent No.1 in each of the ap......on of the land transferred by the heir of Abdul Ghani to the pre-emptees. Accordingly all the appeals are dismissed There is no order as to cost. Ed. This Case is alsoReported in: 1 ADC (2004) 515.......8 of 1998) Selima Rahman and others................ Respondents (In Civil Appeal No. 89 of 1998) Judgment June 28, 2004. Cases Referred to- S.M. Basiruddin Vs. Zahurul Islam Chowdhury, 35 DLR (AD), 230; Md. Khairullah Bhuiyan Vs. Haji Nurul Alam Chowdhury, being dead his heirs Amena Khatun, 3..Category: Property Law | Date: 28 Jun, 2004 | Hits: 43
....efore an Arbitral Tribunal in Singapore and, as such, the suit is not maintainable, that the award, if any, passed in the arbitration can very much be enforced in Bangladesh and that the award can be registered as a judgment of Singapore High Court and that. will create a debt at common law which ca......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.
...... proceeding with arbitration in foreign country in respect of a contract signed in Bangladesh…….(15)
Cases Referred to-
Bangladesh Air Service (Pvt) Ltd vs British Airways PLC 49 DLR (AD) 187; Haji Azam vs Singleton Binda and Co Ltd Binder 27 DLR 583; Damodar Valley Corporation vs KK..
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)
....le. In the supplementary affidavit-in-opposition it has been stated that before publication of the summons under section 5(Ka) of the Ain the summons was issued on 12‑6‑01 by usual process and by registered post with AD which is evident from the order-sheet. 4. Mr. Azmalul Hossain, the learne......supplementary affidavit-in-opposition it has been stated that before publication of the summons under section 5(Ka) of the Ain the summons was issued on 12‑6‑01 by usual process and by registered post with AD which is evident from the order-sheet. 4. Mr. Azmalul Hossain, the learned Counsel a......ary affidavit-in-opposition it has been stated that before publication of the summons under section 5(Ka) of the Ain the summons was issued on 12‑6‑01 by usual process and by registered post with AD which is evident from the order-sheet. 4. Mr. Azmalul Hossain, the learned Counsel appearing f..Category: Banking Law | Date: 14 Jun, 2004 | Hits: 310
AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)
....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: ...... October to December 1983. In the meantime the Public Service Commission issued another Advertisement 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 stip......zada Muhammad Amir Khan vs. Controller of Estate Duty, Government of Pakistan, Karachi and another 14 DLR SC 276; Akbar Ali vs. Iftekhar PLD 1949 PC 339; Mazdar Hossain vs. Ministry of Finance 7 BLC (AD) 92, 43 DLR (AD) 12; Sow Chandra Kanta and another vs. Sheik Habib AIR 1975 (SC) 1500; JM Jamuna ..Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128
Sultan Miah (Md) Vs. Kazi Abu Siddique and others, 2005, 34 CLC (AD)
....Janab Ali and Chand Miah got one third each of the suit land on amicable partition. It is further stated that the plaintiff became the owner of the suit land by purchase on various dates through registered sale deeds and thereafter his name was mutated and he paid rent, that on 5‑11‑......ned. Judgment of the, High Court Division causing failure of justice in making the Rule absolute. Therefore, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......ned. Judgment of the, High Court Division causing failure of justice in making the Rule absolute. Therefore, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..Category: Civil Law | Date: 8 May, 2004 | Hits: 825
Asadul Hoque, Trading as Samrat Shoe Vs. Registrar of Trade Marks & another, 2004, 33 CLC (HCD)
.... Trade Marks Act, 1940 has arisen out of an order dated 6‑7‑1997 passed by the Registrar of Trade Marks, Dhaka removing the name of the appellant from the register as the subsequent proprietor of registered trade mark No.27185 in Class‑25 cancelling his earlier order dated 29‑4-1993 pas...... 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. ...... 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
Abdul Jabbar Vs. Md. Lokman Hossian, 2006, 35 CLC (AD)
.... Abdul Jalil and on receiving Tk. 50,000/- as advance on 1.12.1994 he let out the premises to the defendant and on 8.5.1995 Abdul Jalil executed a bainapatra and finally sold the suit premises by the registered kabala dated 20.8.1997 to the defendant, that he (defendant) filed Title Suit No. 1 6 of ...... 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. ...... 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)
.... appointment of an Arbitrator to arbitrate on the claims for Taka 65, 83,999.60 on account of compensation and interest for cancelling the work order and blacklisting the company. The application was registered as Title Suit No.134 of 1997. 3. In the application, it is stated that on 6‑2-......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. ......8 BLD 369; RAJUK Vs. MN Alam & others, 54 DLR 161; Bangladesh Water Development Board Vs. Progati Prakushali and another, 49 DLR 335; Abdus Salam and another Vs. Osman Gini and another, 1984 BCR (AD) 346; Dhaka Leather Complex Vs. Sikder Construction Ltd. and another, 12 BLT 17; MOL Enterprise I..Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3
SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)
....vocate Mr. Md. Borhanuddin. The order of cancellation of the appointment of Advocate Mr. Md. Borhanuddin was challenged by Mr. SM Jillur Rahman describing him as the informant of the case which was registered with the Tejgaon Police Station on 9‑7‑1992 in connection with the incident ...... 9. In view of our discussions made hereinabove we find no merit in this appeal. The appeal, accordingly, is dismissed. There is no order as to costs. Ed. ...... 9. In view of our discussions made hereinabove we find no merit in this appeal. The appeal, accordingly, is dismissed. There is no order as to costs. Ed. ..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259
Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)
....section 5(2) of Act II of 1947. 3. In due course the records were transmitted to the Court of Divisional Special Judge, Rajshahi Division, Rajshahi and thereupon aforementioned special cases were registered. 4. The accused petitioners of the revisional cases and the petitioners of the Crimin......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. ......au of Anti-corruption is neither illegal, nor irregular or without jurisdiction………………….(28) Cases Referred to- Md. Shamsuddin alias Lambu and others vs. State and others 40 DLR (AD) 69; Md. Shafiqullah vs State 33 DLR 297 = 1981 BLD 119; Salimuddin Ahmed vs. State 32 DLR (AD) 1..Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
....y;-law Commodore Harun and thereafter in private clinics. 3. The police investigated the case and submitted charge‑sheet. The learned Sessions Judge on receipt of the case record registered the case as Sessions Case No. 8 of 2000 and took cognisance of the offence and finally, ......;Pairan", Trover." and other deadly weapons and the petitioner stood up and danced on the chest of victim Khaled, for which victim's rib cages were broken, but PW 21, the doctor who held postmortem examination on the dead body of deceased Khaled did not find any injuries on his ch......ed at on fresh evaluation of the evidence………(14) Cases Referred to- Zenith Packages Ltd vs Member, Labour Appellate Tribunal, Dhaka and others 52 DLR (AD) 160; Zulfikar Ali Bhutto vs State PLD 1979 SC 741 and Ekushey Television Ltd vs Dr Chowdhury Ma..Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332
BRTC Vs. Md. Esken Mollick and anr., 2004, 33 CLC (AD)
....III of 1965), Section 25(l) (a) When there is no denial that the appellant received the grievance petition within time submitted by the respondent No. 1 by hand non-submission of the same by registered post cannot be held to be non-compliance of the requirement of law by interpreting the ......), Section 25(l) (a) When there is no denial that the appellant received the grievance petition within time submitted by the respondent No. 1 by hand non-submission of the same by registered post cannot be held to be non-compliance of the requirement of law by interpreting the same detrim......as come to a correct decision and there being no error in the said judgment, the appeal has no substance. In the result the appeal is dismissed without any order as to costs. Ed. ..Category: Labour and Industrial Law | Date: 16 Mar, 2004 | Hits: 99
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. ......the meeting has been attended by at least 11 (eleven) commissioners Out of 12 commissioners and 11 Commissioners voted for the motion of' no confidence for removal of the Chairman from the post. In this view of the matter the special meeting had the requisite number of attendance of abo......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. ..Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269
....ing a huge number of employees and work force and earns a huge profit, as such, the petitioner-Corporation is a commercial establishment. It is further stated in the affidavit that there are 3(three) registered trade unions in the petitioner-Corporation. One of those is known as Chattagram City Corp......rovisions of the Ordinance itself.
34. On perusal of the Ordinance it appears that the employees of the Corporation are employed under section 47 of the Ordinance as mentioned in the Schedule of posts either by the Corporation or by the Chief Executive Officer as envisaged under section 49 of t......Corporation……(42)
Cases Referred to-
Kumudini Hospital Vs. Kumudini Hospital Karmachari Union and others, 43 DLR 655; Chairman, DIT Vs. Chairman, Second Labour Court, 34 DLR (AD) 37; State Vs. Abdul Awal, 35 DLR 151; The Corporation of the City of Nagpur Vs. Its employees, A..
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
.... dues namely, arrear salaries, allowances and provident fund dues. These dues were not paid in spite of repeated requests and reminders. Ultimately, both the petitioners served statutory notice under registered post vide annexures "J" and "K" respectively. As usual the Company re......y, arrear salaries, allowances and provident fund dues. These dues were not paid in spite of repeated requests and reminders. Ultimately, both the petitioners served statutory notice under registered post vide annexures "J" and "K" respectively. As usual the Company refused to pa...........................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 38; Fardous Chowdhury Vs. Government o..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
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