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Altaf Hossain Golondas Vs. Bangladesh and others, 2004, 33 DLR (HCD)
....ny terms and conditions of the licence. On 3‑8‑04 by general notification issued under the signature of the District Magistrate, Mymensingh in exercise of the power given under the Arms Act, 1978 particularly under section 18(Ka) and rule 42(1) of the Arms Rules, 1924 cancelled the firearms lice......ioner before the cancellation of licences by the said notification. 3. In two supplementary affidavits filed by the petitioner it has been stated that the petitioner used to renew his licence on payment of fees with fine and the Deputy Commissioner always accepted the same and accordingly the p......lver is declared to have been issued without any lawful authority and to be of no legal effect. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 323. ..Category: Arms Law | Date: 14 Dec, 2004 | Hits: 9
Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....s the manufacturers of salt are not discharging their respective duties and obligations in accordance with law and for which the required edible iodized salt is not found in the market in general and particularly in the Rural areas. Since respondent Nos. 1-5 are responsible for the control of manufa......e directions herein above given. Let a copy of this judgment and order be supplied to the learned Deputy Attorney General for compliance. Ed. This Case is also Reported in: 25 BLD (HCD) (2005) 83. ......e directions herein above given. Let a copy of this judgment and order be supplied to the learned Deputy Attorney General for compliance. Ed. This Case is also Reported in: 25 BLD (HCD) (2005) 83. ..Category: Health Law | Date: 14 Dec, 2004 | Hits: 239
Biseruddin Sarder (Md) and others Vs. Md. Tofazzal Hossain Biswas and others, 2005, 34 CLC (AD)
....epayment of the loan money and executed a receipt in favour of Tayebuddin on 5th Ashar 1344 BS and since then Tayebuddin Biswas was possessing the suit land for over 12 years. 4. Both parties adduced evidence both oral and documentary before the trial Court and on consideration of th......nt on 15 Ashar 1339 BS for a loan of taka 140. Their further case is that as the aforesaid persons failed to repay the loan money, they gave the land to Tayebuddin Biswas in total repayment of the loan money and executed a receipt in favour of Tayebuddin on 5th Ashar 1344 BS and si...... extinguished 40/43 years ago during their life time and the defendants acquired, title and possession in the suit land. The further case of the defendants is that the original owner Saku Sarder took loan of Taka 71 on 12th Ashar, 1336 BS and another sum of Taka 92 in 1337 BS from Tayebuddin Biswas,..Category: Property Law | Date: 13 Dec, 2004 | Hits: 21
Fokrul Alam Chowdhury Vs. State & another, 2004, 33 CLC (HCD)
....aneous Case No. 666 of 1995. Judgment Khondker Musa Khaled J. - On an application under section 651A of the Code of Criminal Procedure, this Rule was issued calling upon the opposite, parties to show cause as to why the proceeding of the Special Case No.2 of 1994 under sections 409/4...... connection with the Rule stands vacated. Send a copy of the judgment to the Senior Special Judge, Cox's Bazar, immediately. Ed. This Case is also Reported in: 57 DLR (2005) 727. ......p;.....(6) One person may have to bear civil as well as criminal liability for the same occurrence As because there is no way out but to file money suit for the purpose of recovery of loan the transaction of extending loan gives rise to civil liability but that does not create any ba..Category: Banking Law, Criminal Law | Date: 12 Dec, 2004 | Hits: 1
Hasina Begum and others Vs. Chairman, RAJUK and others, 2004, 33 CLC (HCD)
....different registered sale deeds in the year 1985, 1987‑1993. The petitioners obtained electric, WASA and gas connections and they have been in possession of their respective lands. The said land is part of 10 acres of land requisitioned in LA Case No.26 of 1959‑1960. The affected persons of the ...... finally the petitioners do not have any title or legal possession therein nor they have get any structure or homestead thereon. The respondent No.1 continued to remain in possession of the land. The payment of rent and taxes does not affect the acquisition of the case land and no right has accrued ...... plots. In the view the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 237. ..Category: Property Law | Date: 4 Dec, 2004 | Hits: 2
Md. Muinuddin Zulfiquer Vs. Ministry of Shipping and others, 2004, 33 CLC (AD)
....t Division passed in Writ Petition No.2597 of 2001 discharging the Rule. The writ petition was filed impugning the amendment of the schedule (published in the Gazette on January 23, 1986) of the Department of Shipping (Engineer and Ship Surveyor of Inland Ships) Recruitment Rules, 1980 and the M......light of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 132. ......light of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 132. ..Category: Employment/Service Law | Date: 4 Dec, 2004 | Hits: 5
....elled. It was further averred that extension of time given to the writ petitioner was wrong and in such there was no illegality in canceling the allotment.
3. Be that as it may, after hearing the parties the High Court Division made the rule absolute declaring the order dated 02.01.1993 issued b......lied to the Government for an industrial plot whereupon the Government allotted plot No.5 of Tejgaon Industrial Area, Dhaka measuring one bigha by letter of allotment dated 08.10.1990 on condition of payment of 25% of the salami within one month @ of Tk. 8 lacs per bigha and the balance was required......n view of the discussions made above we do not find any substance in this petition.
The leave petition, accordingly, is dismissed.
Ed.
This Case is also Reported in: 10 BLC (AD) (2005) 39.
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Category: Property Law | Date: 4 Dec, 2004 | Hits: 82
Regent Ken International Ltd Vs. Amanat Shah Ship Breaking Industries Ltd, 2004, 33 CLC (HCD)
.....1 of 2004. Judgment Md. Imman Ali J.-This Miscellaneous Case arises out an application under Order IX, rule 13 read with section 151 of the Code of Civil Procedure for setting aside the ex parte judgment and decree dated 18‑5‑2004 and 29‑8‑2004 respectively passed by this Hon'...... revenue, in this case to the tune of Taka 150 had already been paid to the appropriate authority. Moreover, the provisions of sections 33 and 35 allow for admission of instruments upon impounding on payment of the due stamp duty and fine for delay in payment. In the facts of the present case, it ap......urt within 10 days, failing which this order of restoration shall stand vacated. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 234. ..Category: Admiralty Law or Maritime Law | Date: 30 Nov, 2004 | Hits: 6
Civil Engineering Co Vs. Mahkota Technology SDN BHD and others, 2004, 33 CLC (HCD)
.....Petitioner Vs. Mahkota Technology SDN BHD and others..........Opposite Parties Judgment November 10, 2004. Result: The Rules are discharged. Legal proceedings by a party against other party to an arbitration agreement Where a party to an arbitration agreement...... the Ministry of Law and Parliamentary Affairs for necessary correction of the English text of the Arbitration Act, 2001. Ed. This Case is also Reported in: 57 DLR (2005) 734. ...... the Ministry of Law and Parliamentary Affairs for necessary correction of the English text of the Arbitration Act, 2001. Ed. This Case is also Reported in: 57 DLR (2005) 734. ..Category: Arbitration Law | Date: 10 Nov, 2004 | Hits: 12
....n the thana lock‑up showing him arrested which was done. While the petitioner was passing the night sleepless in great tension and anxiety the respondent No.5 made a proposal to the petitioner as a part of bargain to pay him a sum of Taka 50 (fifty) lac including the amount of Tk. 20(twenty) lac w......made absolute in part without any order as to costs. The respondent No.4 is directed to proceed with the case in accordance with law.
Ed.
This Case is also Reported in: 57 DLR (2005) 730.
......made absolute in part without any order as to costs. The respondent No.4 is directed to proceed with the case in accordance with law.
Ed.
This Case is also Reported in: 57 DLR (2005) 730.
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Category: Anti-Corruption Laws, Criminal Law | Date: 10 Nov, 2004 | Hits: 8
Dr. Alauddin Ahmed Vs. Md. Idris Ali Bhuiyan and others, 2004, 33 CLC (AD)
....ppeal at the instance of Dr. Alauddin Ahmed, respondent in an Election Petition, arises out of order dated 26‑10-2003 passed by the High Court Division in Election Petition No. 2 of 2001 allowing partly an application filed by the Election Petitioner directing the Returning Officer and Deputy Co......r that the impugned order calls for our interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 14. ......r that the impugned order calls for our interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 14. ..Category: Election Law | Date: 30 Oct, 2004 | Hits: 142
Shamsul Haque (Md) Vs. Amina Khatun and others, 2004, 33 CLC (AD)
....nother Vs. Niron alias Niranjan Mandal and others, 1997 BLD (AD) 294. Lawyers Involved: Probir Neogi, Advocate instructed by Sufia Khatun, Advocate‑on‑Record ‑ For the Appellant. Ex parte ‑ The Respondents. Civil Appeal No.52 of 2003. Judgment MM Ruhul Amin J. - This ......s been miscarriage of circumstances and this requires interference by us. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 23.......s been miscarriage of circumstances and this requires interference by us. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 23...Category: Civil Law | Date: 31 Aug, 2004 | Hits: 156
Bangladesh Jute Corporation Vs. AB Jute Ltd, 2004, 33 CLC (HCD)
.... 23‑11‑99 first presented FMA No.92 of 2000 against order dated 28‑7‑99 passed by the Subordinate Judge and Artha Rin Adalat No.4 at Dhaka in Title Suit No.205 of 99 which decreed the suit ex-parte and made the award dated 11‑1‑95 Rule of the Court. Then, the appellant on payment of ad-v......d by the Subordinate Judge and Artha Rin Adalat No.4 at Dhaka in Title Suit No.205 of 99 which decreed the suit ex-parte and made the award dated 11‑1‑95 Rule of the Court. Then, the appellant on payment of ad-valorem court fees got the appeal registered as FA No.356 of 03 purportedly under sect...... Awards dated 2‑5‑95 and 24‑6‑96 are accordingly set aside. Send down the records. Ed. This Case is also Reported in: 57 DLR (2005) 663. ..Category: Arbitration Law | Date: 18 Aug, 2004 | Hits: 8
....its letters dated 21st July, 29th July and 17th August all of 2002 requested permission from the respondent No.1 for manufacturing tents and informed them about the lucrative export market for tents, particularly about the possibility of being able to export tents worth 30 million US Dollars to the ...... dispose of the application of the petitioner for manufacturing tent at Chittagong EPZ within 2(two) months of receipt of this order.
Ed.
This Case is also Reported in: 57 DLR (2005) 631.
...... dispose of the application of the petitioner for manufacturing tent at Chittagong EPZ within 2(two) months of receipt of this order.
Ed.
This Case is also Reported in: 57 DLR (2005) 631.
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Category: Business or Commercial Law | Date: 17 Aug, 2004 | Hits: 2
Ashraful Alam Vs. Md. Moniruddin and ors, 2004, 33 CLC (HCD)
....g four‑roof tin hut with many rooms therein, which were let out to different tenants. Three shops and adjacent vacant land comprising of 3.5 decimals remained abandoned for many years. In the first part of 1979, the plaintiffs entered into said shops with knowledge of the owner and started busines......aleb, father of the plaintiffs, took lease of suit shops at a monthly rental of Taka 125. He first started business of papers under the name and style Capital Paper Mart. But he was very irregular in payment of rent. After the death of Abdul Motaleb, the plaintiffs continued as tenants under Hasna B......gment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 260. ..Category: Property Law | Date: 17 Aug, 2004 | Hits: 2
....nk to charge any person with any liability and ultimately, to a decree against him. The bank must adduce independent evidence in corroboration thereof.
Documentation is one of the most important parts of the lending operation of a bank.
In case of need the realisation of bank dues depends......false claims. As the proposed loan was not sanctioned, schedule properties were not charged and/or mortgaged. The defendants were therefore entitled to return of their documents of title.
10. On payment of court fees, said defendants also made a counter‑claim of Taka 2,86,35,564.88 for busine......istered limited company and defendant Nos.2 to 4 were its directors. Of them, defendant No.2 was the Managing Director. Defendant Nos.4 and 5 mortgaged schedule ‘Kha’ property against the loan taken by defendant No.1, and also along with defendant Nos.2 and 3 executed bank guarantees.
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Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4
SM Salim Vs. Chairman, Chittagong Club Ltd. and others, 2005, 34 CLC (AD)
.... 3386 of 2000 respectively). Judgment Md. Fazlul Karim J.- The first party petitioner seeks leave to appeal against the impugned judgment and order dated 3‑12......eads to support the allegation of the first party that the termination was, in fact, a victimisation for his trade union activities. These petitions are accordingly dismissed. Ed. ......eads to support the allegation of the first party that the termination was, in fact, a victimisation for his trade union activities. These petitions are accordingly dismissed. Ed. ..Category: Employment/Service Law | Date: 1 Aug, 2004 | Hits: 100
Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)
....nt proposed to sell the suit property which includes a building and vacant land. There was a verbal contract that Taka 13,00,000 more will be paid to the appellant by the end of April or by the first part of May. So that the appellant can clear up the entire loan money of the House Building Finance ......is barred by waiver, estoppel and acquiescence. The defence case, in brief, is that on 19‑3‑1992 this appellant agreed to sell the suit property at Taka 69,00,000 and a bainapatra was executed on payment of Taka 17,00,000. To clear his loans to the relatives, to the House Building Finance Corpor......t Taka 69,00,000. Respondent Nos.1 and 2 by cheque paid him Taka 17,00,000 as the earnest money and the appellant agreed that on obtaining permission from the DIT (at present RAJUK) and by paying the loan of the House Building Finance Corporation he will execute and register the sale deed within 3 m..Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
.... 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 continuing exercise and enjoyme......land is false. He has erected houses about 17/18 years ago in the suit plot, when it was covered by bushes and fallen land. A holding was opened in the Municipality in his name and he got receipts of payment of taxes. He has constructed houses on 7 (seven) decimal of land about 16/17 years ago withi......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. ..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
Chairman, RAJUK Vs. MN Alam and Associates Limited, 2004, 33 CLC (HCD)
.... Limited..............................Respondent Judgment July 27, 2004. Result: The Appeal is allowed and Rule is disposed of. In the circumstances and on the failure of the parties to concur in the appointment of an arbitrator, only course open to a party to the contract w......e consultant completed the works. After repeated demands and representations, there was an agreement signed by the parties on 14‑12‑95. On 27‑7‑97 the consultant received first installment of payment. As there was a dispute with regard to the quantum of work and consultancy fees, on 8‑9‑......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. ..Category: Arbitration Law | Date: 27 Jul, 2004 | Hits: 8
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