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Zyta Garments Ltd. Vs. Union Bank Ltd. and another, 2003, 32 CLC (AD).
....ary and proper party to be added in the suit and find no illegality or infirmity in its judgement calling for our interference. The leave petition is dismissed. Ed. ......A Dhaka for realisation of money amounting to Taka 26,06,933 before the learned Subordinate Judge, 5th Court, Dhaka. The respondent Union Bank Ltd. claimed that it had negotiated two sets of export documents (bills) namely FBP‑FAFB 108/95 and FBP‑KHII 1414/95 under two letters of cred..Category: Civil Law | Date: 19 Nov, 2002 | Hits: 169
Tarak Chandra Majhi Vs. Atahar Ali Howlader and others, 2002, 31 CLC (AD)
.... judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 481; 8 MLR (AD) 209, 8 BLC (AD) 67. ......to interfere with the order of the Land Administration Board. 5. The trial Court on the basis of the materials on record dismissed the suit on the finding that the Ekrarnama is a genuine document and that the suit so filed is not maintainable as in the light of the provision of the Stat..Category: Evidence Law | Date: 18 Nov, 2002 | Hits: 74
Asalat Zaman (Md) and others Vs. Government of Bangladesh and others, 2003, 32 CLC (AD).
....tted an error of law in not considering that the amount of Taka 80,56,500 already paid to the contractor had, not been adjusted and deducted from the award money And that this has caused a failure of justice. 6. Mr. Ozair Farooq, the learned Counsel for the appellant, submits th...... 18. This Division thus considered the plea of non‑adjustment of the said amount as one of the grounds for granting leave in Civil Appeal No. 98 of 2000. The appellant accordingly, produced the documentary proof thereof by way of additional paper book, the copy of which has been served upon th..Category: Alternative Dispute Resolution | Date: 17 Nov, 2002 | Hits: 223
Chair, Board of Inter. & Secn. Edn., Jessore and ors. Vs. Md. Amir Hossain & anr., 2004, 33 CLC (AD)
....n and another..............Respondent Judgment November 12, 2002. The Constitution of Bangladesh, 1972, Art 102 Natural justice It is now well settled principle that even where provision for giving show cau......n of the principle of natural justice. 7. Thus, the submission of the learned Advocate for the petitioners merits no consideration. The petition is dismissed. Ed. ..Category: Constitutional Law | Date: 12 Nov, 2002 | Hits: 322
Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)
....ge of the High Court Division and accordingly, affirm the impugned judgment and order. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......ondent No. 1 came to learn that the said Tofayel Ahmed by practicing fraud upon the respondents as well as the company and also acting contrary to his earlier promises and undertakings, converted the documents and papers containing signatures of the respondents into valuable security and got their 2..Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208
Government of Bangladesh and another Vs. MA Khair Bhuiyan, 2003, 32 CLC (AD).
.... (i) Even if there may be an alternative remedy by way of an appeal to this Court, it would not bar the exercise of inherent power under section 151 of the Code of Civil Procedure for ends of justice……(11) (ii) Any order passed on fraudulent misrepresentation or undue i......e appeal in accordance with law. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 76. ..Category: Civil Law | Date: 4 Nov, 2002 | Hits: 152
Hashibul Bashar Vs. Gulzar Rahman and anr., 2004, 33 CLC (AD)
....tiable Instruments Act. 10. In the background of the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ......tiable Instruments Act. 10. In the background of the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: 28 Oct, 2002 | Hits: 326
Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).
....ding malafide in the licensing process of ETV only on suspicion and inference without any proof. He further submits that this court on the facts of the case should play a remedial role to do complete justice under Articles 104 and 105 of the Constitution read together. Therefore, he urges that this ......2002. Our judgment will have no bearing in considering the application by Ekushey for licence by the said Commission which is free to decide in accordance with law. Ed. ..Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190
Secretary, Ministry of Works and another Vs. Md. Yusuf Ali Khan and others, 2002, 31 CLC (AD)
....scussion we lo not fined any substance for allowing the appeal. The appeal is dismissed without any order of costs Ed. This Case is also Reported in: 1 ADC (2004) 312. ......e parties arrived at the findings that the claim of physical possession of the suit property by the plaintiff is not a fact, the suit is barred by limitation and bainapatra, Ext.1 is not a genuine document. Upon these findings he dismissed the suit by his judgment and order dated 5.1.1990. ..Category: Contract Law | Date: 21 Aug, 2002 | Hits: 1110
Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation & others, 2002, 31 CLC (AD)
....without referring the plaintiff’s dispute and claim arising out of the said contract to the Tribunal of Arbitration of the Metropolitan Chamber of Commerce and Industry, Dhaka. As such, for ends of justice the above suit is liable to be stayed and the matter in dispute should be referred to the Tr......impugned judgment and do not find any illegality or infirmity with impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) 23. ..Category: Alternative Dispute Resolution | Date: 20 Aug, 2002 | Hits: 280
Bux Shipping Line Vs. Bangladesh Water Development Board & others, 2002, 31 CLC (AD)
....though section 29 of the Arbitration Act did not give the Arbitrator this power he may allow interest on his award till realization on the same analogy to Court's power. This will be in accord with justice and fairness. 8. Dr. Kamal Hossain, learned Counsel for the petitioner ......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...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).
....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. ......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. ..Category: Business or Commercial Law | Date: 12 Aug, 2002 | Hits: 121
Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)
....essary from the government shall be absolutely an ex parte affair and the detenu shall be deprived of the opportunity of defending himself which would be a clear violation of the principle of natural justice. More so, when subsection (4) of section 11 of the Act debars a detenu to appear b......nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ..Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)
.... as a document of title creating interest in the immovable property and that this fact has not been noticed by the High Court Division as well as the appellate Court and thus has caused failure of justice, that the irrevocable power of attorney as was not endorsed by the then Pakistan High Commi......isan or disinterested then the evidence of such single witness can be taken as foundation in taking a decision in respect of an issue in the case. Section 114 (ii) A registered document carries the presumption of correctness and that one who challenges or disputes that presu..Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175
MA Gafur and anr. Vs. Govt. of BD rep. by Sec., Min. of Defence and anr., 2004, 33 CLC (AD)
....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. ......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. ..Category: Administrative Law | Date: 24 Jul, 2002 | Hits: 133
Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)
.... trial and after the conviction during pendency of the appeal before this Court the accused appellant has continued to suffer imprisonment which was imposed on him in the mistrial, in the interest of justice a retrial should not be directed. This view of ours has been fortified by a decision of the ......e saw the victim lying on the floor with a belt around her neck but at that time the accused persons were not present. We also find that P.W.9 and P.W.10 are formal witnesses and proved the necessary documents. In cross-examination SI Azharul Khan, P.W.10 stated that he perused the medical certifi..Category: Women and Children | Date: 20 Jul, 2002 | Hits: 173
BD rep. by the Sec. Min. of Works & ors. Vs. Kazi Ashrafuddin Ahmed, 2003, 32 CLC (AD).
....s Order XVI of 1972 are not notices in the eye of law; that the house was not listed in the list of abandoned property published by the Government; that respondent accordingly served notice demanding justice without any result. 3. The petitioner contested the rule contending that Mrs. O......e in the submission of the learned Additional Attorney-General for our interference with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ..Category: Property Law | Date: 13 Jul, 2002 | Hits: 89
Ibrahim Ali and ors. Vs. State, 2004, 33 CLC (AD)
....the accused there under. Accordingly, the appeal is allowed. The conviction and the sentence of the appellants under sections 468 and 468/109 of the Penal Code are set aside. Ed. ......t Vs. State ........................... Respondent Judgment July 8, 2002. The Penal Code, 1860 (XLV of 1860), Section 463 Making of false statement in a document by the executant thereof does not saddle him with the liability of committing forgery or t..Category: Criminal Law | Date: 8 Jul, 2002 | Hits: 90
Kamaluddin (Md.) & anr. Vs. Sec., Ministry of Land, Bangladesh and ors., 2004, 33 CLC (AD)
....herwise of the intermediate or ad‑interim orders(s). In the afore state of the matter, we find no substance in this petition. Accordingly, the petition is dismissed. Ed. ......herwise of the intermediate or ad‑interim orders(s). In the afore state of the matter, we find no substance in this petition. Accordingly, the petition is dismissed. Ed. ..Category: Constitutional Law | Date: 6 Jul, 2002 | Hits: 149
Upazila Education Officer & anr. Vs. Tara Miah Akhand & ors., 2004, 33 CLC (AD)
....pugned judgment of the High Court Division does not suffer from any legal infirmity for our interference. Accordingly, this petition merits no consideration and it is dismissed. Ed. ......pugned judgment of the High Court Division does not suffer from any legal infirmity for our interference. Accordingly, this petition merits no consideration and it is dismissed. Ed. ..Category: Civil Law | Date: 3 Jul, 2002 | Hits: 206