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Bux Shipping Line Vs. Bangladesh Water Development Board & others, 2002, 31 CLC (AD)
....and the learned Subordinate Judge made the award rule of the Court for the awarded amount of Tk. 2,01,52,289.84. The learned Subordinate Judge while making the award rule of the court did not pass any order as to interest on the decreetal amount i.e. on the awarded amount of TK. 2,01,52,289. 84 ......alization thereof. The review petition has no merit. Accordingly the same is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 476.......rded amount at the Bank rate of the Sonali Bank till realization from the date of intimation of signing of the award. 2. Facts in the background of which dispute between the parties in the proceeding arose and was referred to the arbitrator need not be stated in detail since in the judg..Category: Alternative Dispute Resolution | Date: 18 Aug, 2002 | Hits: 217
Antibiotic Stores & ors Vs. Subordinate Judge and Artha Rin Adalat & anr., 2003, 32 CLC (AD).
....provision of the Artha Rin Adalat Ain. The writ petition has been filed challenging the legality in conducting the auction sale of the mortgaged property in Title Execution Case No. 38 of 1994 though any irregularity or illegality in publishing and conducting the auction sale could be decided by the......matter we do n any substance in the submission of the Counsel for petitioners for our interference impugned judgment of the High Court Division. The petition is dismissed. Ed. ......ave to appeal against the impugned judgment and order of the High Court Division discharging the Rule as not maintainable as the remedy under the Code of Civil Procedure is available in the execution proceedings. 2. The petitioners filed the application under Article 102 of the Constitu..Category: Business or Commercial Law | Date: 12 Aug, 2002 | Hits: 121
....thers …… Respondents
Judgment
August 7, 2002.
Result:
The petition is dismissed.
The Constitution of Bangladesh, 1972 Article 102
By way of mandamus enforcement of any legal right or to redress the violation thereof could be availed.
Case Referred to-&nb......
Accordingly, this petition is dismissed with costs assessed at Taka 5,000 to be paid by the petitioner forthwith to the respondents.
Ed.
This Case is also Reported in: (2002) 22 BLD (AD) 155.
......of 1985. Admittedly, the property was enlisted as abandoned property in the 'Ka' list which means that Government was in possession of the building. Now it appears that after disposal of the previous proceeding the petitioner somehow managed to be in the case Building and his possession was no bette..
Category: Constitutional Law | Date: 7 Aug, 2002 | Hits: 180
Sirajul Islam (Md.) and others Vs. State, 2002, 31 CLC (HCD)
....s 4(b) and 9 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 (Ordinance No. LX of 1983) without service of summons upon the absconding accused namely, Jamal, Yunus and Abu Bakkar or any return thereof. 2. The prosecution case, in brief, is that one Md. Abdul Aziz lodged an ejah......as been pending for a long time the concerned Special Tribunal, Chittagong is hereby directed to dispose of the same expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 536. ......luded speedily. This will bring about a situation, which could not have been the intention of the lawmakers. We are therefore, clearly of the view that section 339C of the Code is applicable to the proceeding as to trial of the appellant under the Act." We have already noticed that section 29 of..Category: Women and Children | Date: 5 Aug, 2002 | Hits: 219
MA Gafur and anr. Vs. Govt. of BD rep. by Sec., Min. of Defence and anr., 2004, 33 CLC (AD)
....6 Rule 3 Retirement after completion of 25 years of service with full pension benefit is not a punishment and it is altogether different from dismissal. Removal or compulsory retirement and any such punishment is governed under rule 3 of the Government Servants (Discipline & Appeal) R......les. We therefore, find no legal infirmity in the impugned judgments of the High Court Division calling for interference. Accordingly, the petitions are dismissed. Ed. ...... the promotional committee took steps for promotion of them for the public interest as there was dearth of efficient staff to manage the expanded directorate after liberation of Bangladesh. But the proceeding against the petitioners was not stopped and the authority was not satisfied. Finally, th..Category: Administrative Law | Date: 24 Jul, 2002 | Hits: 133
Amir Hossain Vs. Homeland Footwear Ltd. and others, 2002, 31 CLC (HCD)
....2001. Judgment ABM Khairul Haque J.—This is an application under section 241(v) of the Companies Act, 1994, filed by one Amir Hossain praying for winding up of Homeland Footwear Ltd ('the company'). 2. The case of the petitioner, in short, is that the respondent-company took Taka 45,07,38...... on the prayer of Mr. Imtiaz Mahmud, Advocate, let the operation of this judgment be stayed for a period of three months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 478. ...... by the petitioner himself, he could not prepare the affidavit-in-opposition properly giving the correct facts and figures. Besides, he submits that the claim of the petitioner from which the instant proceeding arises is, as a matter of fact, the price of the machineries sold by the petitioner to th..Category: Company Law | Date: 21 Jul, 2002 | Hits: 226
Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)
....amp; 8 and clause 7 of tender conditions for establishing a private channel, Annexure-2 of the aforesaid affidavit-in-opposition. It would appear from Annexure-D dated 24 February, 1999 that a company under the name and style of Ekushey Television Ltd. had already come into existence by the time......tificate of registration, but the certificate itself is not sufficient to set up telecasting installation. The proposal of ETV must be legally accepted by the concerned Ministry at the very initial stage. 21. Since the original evaluation report was not sent with the file the court in ord......vision of the Constitution. 47. Mr. Justice Latifur Rahman has expressed that a person in approaching the court for redress of a public wrong or public injury has sufficient interest in the proceeding if he acts bonafide. 48. What is meant by sufficient interest is basically a ques..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
Abdul Majid Sarker (Md) Vs. State and others, 2003, 32 CLC (AD).
....ted in AIR 1916 (PC) 242 has held that Doctor's certificate is only in assertion of opinion. Final confirmation will be on the basis the evidence adduced at the time of trial. Doctor has not given any clear opinion. Their opinion varied from 17 years to 19 years. In such a situation it cannot be......nd it was to allow her to sit in the SSC Examination subsequently. The submissions of the learned Advocate for the appellant in this respect has force. Finding as to the age in such matter at this stage is always prima facie and when prima facie it is found that the date of birth of the victim i......hat the High Court Division has not considered this aspect of the matter. That Division was bound to come to a finding as to the age when she is not an accused which will determine the fate of the proceeding before that Division. But simply holding that petition under section 491 of the Code of ..Category: Criminal Law | Date: 9 Jun, 2002 | Hits: 74
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....gard, (1987) LRC 180, Valente Vs. The Queen (1985) 2 SCR 673 at pp 685, 687, Re Amendment of the Constitution of Canada (1981) 125 DLR (3rd) 1, Reyder Vs. Foley (1906) 4 CLR 422, Commercial Cable Company Vs. Government of Newfoundland, (1916) 2 AC 610, British Coal Corporation Vs. The King (1935) AC...... not having contained any contumacious comment regarding the Court and therefore, they are, not liable to be proceeded on charge of contempt of Court. 15. We have already noted that at a belated stage the Chief Editor, Editor, printer, publisher and owner of 'Daily Janakantha' has enter...... true. No offence, therefore, may be taken for re-production of the report. Their further case is that no action has been taken against the daily Jugantor for publishing it and so there cannot be any proceeding against the daily 'Manabjamin' for the said news. It is contended that in the afo..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
Alam (Md) & another Vs. State, 2002, 31 CLC (HCD)
.... the victim, returned home from his working place and started searching out the victim, but could not succeed. At that time his neighbour Nurjahan informed that the accused Parul Begum was seen accompanying Salma Akhter near a pond and at that time the accused Md. Alam and Monir were also seen with ......were also threatened to kill the victim, if the matter was made known to others. It appears from her testimony that the victim girl came to her maternal uncle’s house at Jhalakati from Dhaka at one stage after departure from her father’s house and the accused Monir and Md. Alam fled away. Subseq......ce attracted by the provision of the Child Marriage Restraint Act in the present forum, nor the marriage of an under-aged girl (below 18 years) is liable to be found illegal. If any separate criminal proceeding is initiated under the Child Marriage Restraint Act, the concerned Court shall decide the..Category: Women and Children | Date: 30 Apr, 2002 | Hits: 82
Jabed Ali Sheikh (Md) and others Vs. Md. Abdus Sobhan Sheikh and others, 2002, 31 CLC (AD)
.... are in full agreement with the judgment of the High Court Division. The learned Advocate appearing for the petitioners led us through the judgement of the High Court Division but failed to point out any legal infirmity in the same. There is, therefore, no merit in this petition and the same is ......point out any legal infirmity in the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 64. ...... is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Order XXI rule 26 The decree holders should be allowed to enjoy the fruits of the decree and upon filing a subsequent suit further proceeding of the execution case cannot be stayed. When the petitioners were parties in the original..Category: Property Law | Date: 30 Apr, 2002 | Hits: 121
Delwar Hossain Vs. Rajiur Rahman Chowdhury and another, 2003, 32 CLC (AD).
....209;1-1995 the accused issued a cheque which the complainant deposited with the bank. Subsequently, he came to learn that two cheques issued by the accused had been dishonoured. On not receiving any satisfactory reply the complainant filed a petition of complaint alleging that the cheques issue...... interference. The criminal petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 58. ...... 5. In the meantime the complainant respondent filed a Money Suit No. 22 of 1995 in the Court of Subordinate Judge, 3rd Court, Dhaka or realisation of money. Being aggrieved with the proceeding in CR Case No. 1211 of 1995 before the Chief Metropolitan Magistrate, Dhaka, the petition..Category: Criminal Law | Date: 24 Apr, 2002 | Hits: 71
Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)
.... is that in 1998, Ministry of Information invited tenders to install and operate a Television Channel under the private ownership and accordingly, tender notice was published in a national daily. As many as 17 enterprises participated in the tender. The tenders were opened on 25-6-98 by the Technica......es of viewers in Bangladesh and its programmed speaks for poor and neglected people of the society. Some interested persons probably could not tolerate the popularity of ETV and as such, at a belated stage, they filed this application through the present petitioners who are acting as agents of forei......the order for two weeks. Mr. Razzaq opposed the prayer. However, the operation of the order is stayed for ten days. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 537. ..Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7
Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)
....s and SA Khatian was also prepared following the wrong entries of RS record. In fact, Hafez Noor Mohammad had got no right, title or possession in the suit land. As Hafez Noor Mohammad never asserted any sort of right or interest over the suit land, they did not need to take any steps. The plaintiff......ed judgment and decree affirming those of the trial Court are hereby confirmed. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 523. ...... below. Defendants also failed to prove their case of monthly tenancy. D.W. 2 and D.W.3 are the tenants of the plaintiffs and the trial Court has correctly found that they were gained over during the proceeding of the suit, which would be evident, from exhibits 'Ta' and 'Tha'. He rel..Category: Property Law | Date: 27 Mar, 2002 | Hits: 4
Alfazuddin Mollah and ors. Vs. Md. Almas Chokder and anr., 2004, 33 CLC (AD)
....t in a pre‑emption proceeding the actual nature of transaction cannot be gone into and rightly decided, the case and, as such, the impugned order of the High Court Division does not suffer from any legal infirmity. 9. The moot question in this appeal is, whether the deed under cha......t Division. In the result, the appeal is allowed and the learned Assistant Judge is directed to proceed with the pre‑emption proceeding in accordance with law. Ed. ...... a sale and not an exchange and it was alleged that the transaction was shown as exchange in order to defeat the claim of pre‑emption. 3. During the pendency of the said preemption proceeding, the purchaser respondent No. 1 (pre-emptee) filed an application under Order VII ru..Category: Property Law | Date: 16 Mar, 2002 | Hits: 95
Abu Taher Bhuiyan Vs. Lal Mohon Mondal and others, 2002, 31 CLC (HCD)
....e interest of the party pending the suit passing on to another person by way of transfer or otherwise. The expressions used in the rule “in other cases of assignment, creation or devaluation of any interest” mean, this rule applied only to cases which do not fall under the preceding rule......he result, the Rule is discharged without any order as to costs. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 604. ...... in cases in which there is total assignment, creation or devolution of the entire interest of a party to the suit in favour of a party who wishes to bring himself on record as a party to the pending proceeding. This provision deals with cases where there is change of status in totality of the inter..Category: Property Law | Date: 6 Mar, 2002 | Hits: 56
Shah Newaz Ebne Mostaque & ors. Vs. Shah Alam and others, 2003, 32 CLC (AD).
.... The petition is therefore dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 69. ...... of the Code of Civil Procedure was passed in favour of the mortgagee 9th August, 1928. The decree holders applied for execution of the decree on 19th December 1930. The matter passed through several stages. The decree holders then applied for execution of the mortgage decree against the judgment de......e other hand, the defendant‑judgment‑debtor petitioners preferred Second Appeal No. 583 of 1964 before the then East Pakistan High Court and the High Court was pleased to stay all further proceedings of other Execution Case No. 70 of 1964 on 4‑12‑1964 till disposal of the Sec..Category: Procedural Law | Date: 4 Mar, 2002 | Hits: 99
Monzur Alam (Md) Vs. State and another, 2003, 32 CLC (AD).
....rder accused petitioner obtained Rule in Criminal Miscellaneous Case Nos. 7753, 7754 and 7755 of 2000 which were discharged by the High Court Division on the ground that the civil suit will not be in any way a hindrance to proceed in criminal cases since there is no possibility of any conflicting de...... All the three petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 62. ......138 of the Negotiable Instruments Act an offence is committed if a cheque is dishonoured and if payment is not made within 15 days after receipt of a legal notice. It is a settled law that criminal proceeding can be proceeded independently of the civil suit. Since there is a prima facie case the ..Category: Business or Commercial Law | Date: 13 Feb, 2002 | Hits: 124
Hazrat Khan @ Hazrat Ali Khan Vs. State, 2002, 31 CLC (HCD)
....al Sessions Judge, Netrokona to answer charge under sections 302/34 of the Penal Code, to which the accuses pleaded not guilty and claimed to be tried. At the trial, the prosecution examined as many as 15 witnesses and exhibited some papers in support of its case while the defence examined none...... hearing this he and his men went to the spot and asked the accused-persons as to why they were reaping paddy beyond their knowledge, following which an altercation ensued between the parties. At one stage of the altercation, accused Maruf Khan passed orders for finishing informant party men. Accuse......t accused-appellant Hazrat Ali Khan @ Hazrat Khan be released from custody forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 636. ..Category: Criminal Law | Date: 6 Feb, 2002 | Hits: 29
State Vs. Abdus Samad @ Samad Ali, 2002, 31 CLC (HCD)
....d the condemned prisoner on the charge framed under sections 302/326 of the Penal Code and having found him guilty under sections 302 and 324 of the Penal Code sentenced him to death without awarding any separate punishment under sections 324 of the Penal Code. 2. The prosecution case, in brief...... given our serious anxious consideration to this aspect of the case, we are of the opinion that the remand of the case for the purpose as stated above, would entail more hardship than justice at this stage. In the circumstances, we find that justice will be met if the incriminating circumstance appe......ed on ground of non availability of the necessary medical report regarding the mental condition of condemned prisoner. 6. On 17-7-94 an application was filed by the prosecution with a prayer for proceeding with the trial by examining witnesses without any medical report stating that the mental ..Category: Criminal Law | Date: 2 Feb, 2002 | Hits: 115
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