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M. A. Mazid and another Vs. The Chairman, Chittagong Port Authority and others, 2006, 35 CLC (AD)
....Habibul Islam Bhuiyan, Senior Advocate, instructed by Mahmuda Begum, Advocate-on-Record- Respondents Nos. 1-4. Civil Petition for Leave to Appeal No. 749 of 2004 (From the judgment and order dated 5th January 2004 passed by the High Court Division in Writ Petition No. 5806 of 1997). ......e without lawful authority mainly on the ground that no authority is conferred upon the aforesaid respondent to impose any berth hire charges without approval of the Government and publication of the notices in the official Gazette showing rate of charges as provided under section 19 of the Chittago...... S.R. Khoshnabish, Advocate-on-Record- For the Petitioners. Habibul Islam Bhuiyan, Senior Advocate, instructed by Mahmuda Begum, Advocate-on-Record- Respondents Nos. 1-4. Civil Petition for Leave to Appeal No. 749 of 2004 (From the judgment and order dated 5th January 2004 passed by ..Category: Fiscal/Taxation Law | Date: 18 Jul, 2004 | Hits: 109
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
..... 3656 of 2003. Judgment Md. Abdur Rashid J. - Plaintiff obtained the Rule upon making a revision application under section 115(1) of the Code of Civil Procedure against judgment and decree dated 10‑8‑03 passed by the District Judge at Narayanganj in Title Appeal No.09 of 03 reversing ......ts decree in order to suit the event which has taken place after institution of the suit. In such case the object of the rule is that the Court should not reject the plaint and try the case by taking notice of the subsequent event". 39. The Court was therefore, fully empowered to direct th.......2 at Narayanganj in Title Suit No.47 of 99 and dismissing the suit. 2. On 10‑3‑99 the plaintiff Zamini Bala Dasi instituted the suit against Abdul Aziz Miah, predecessor of opposite parties for a decree of declaration of title in northern 36 decimals out of 76 decimals of land of CS plot N..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....ate‑on‑Record‑For Respondent Nos. 1‑7. Ex parte‑Respondent Nos. 8‑12 Civil Appeal No. 279 of 2001. (From the judgment and decree dated 18‑4‑2000 passed by the High Court Division in First Appeal No. 92 of 1971). ...... relevant issues in the case and the findings arrived at by the trial Court and the further submission that while interfering with the judgment of the trial Court the High Court Division failed to notice that the trial Court's judgment was based on totality of the factual findings on the relevan......on as the final court of fact without considering the evidence 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…&..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Mukul Vs. State, 2004, 33 CLC (AD)
....nal Attorney General, instructed by Md Wahidullah, Advocate-on‑Record‑For the Respondent. Criminal Review Petition No. 9 of 2004. (From the judgment and order dated April 10, 2004 passed by the Appellate Division in Criminal Petition for Leave to Appeal No. 6...... him proceeded for the village of condemned prisoner and reached at the house of the condemned prisoner in the early hours of the day and found Swapna Begum dead, that informant and his companions noticed mark of injury on the body of Swapna Begum. 6. From the condemned prisoner's si...... Judgment July 10, 2004. The Supreme Court of Bangladesh (Appellate Division) Rules, 1988 Rule I Order XXVI in Part IV This provision provides for review of criminal proceedings “ on the ground of an error apparent on the face of the re..Category: Criminal Law | Date: 10 Jul, 2004 | Hits: 100
Hafez Abdus Salam Vs. Syed Fazlul Quader and another, 2004, 33 CLC (HCD)
.... Md. Momtazuddin Ahmed, Advocate‑ For the Respondents. First Miscellaneous Appeal No.3 of 2004. Judgment Md. Abdur Rashid J.- Defendant No.1 presented the appeal against an order dated 21‑4‑2003 passed by the District Judge at Chittagong in Miscellaneous Case No.27 of 2003, ......€‘02 the Court asked the appellant to show cause by 2‑11‑02 as to why the memorandum of appeal would not be rejected for failure in supplying deficit court fees. On 2-11-02 the Court again issued notice to the appellant to show cause on 11‑11‑02 against rejection of the memorandum of appeal....... 29, 2004. Result: The Appeal is dismissed. An application under Order XLI, rule 19 of the Code of Civil Procedure is not maintainable against an order rejecting a memorandum of appeal for non-supply of deficit court fees…………..(16) rejection of a memor..Category: Civil Law | Date: 29 Jun, 2004 | Hits: 3
Rajshahi DevelopÂment Authority Vs. Sultan Ahmed, Advocate and others, 2005, 34 CLC (AD)
...., Advocate‑on‑Record-For Respondent No. 1. Not represented‑Respondent Nos. 2‑6. Civil Appeal No. 292 of 2003 (From the judgment and order dated 29th April 2002 passed by the High Court Division in Writ Petition No. 1931 of 2001). ...... has referred to a decision in the case of Bangladesh vs. Basaratullah reported in 42 DLR (AD) 91 the relevant passage is quoted as under: "It was said in the case that though notice for acquisition under section 5(a) was served in 1962 the land was six years when the value o......d disposed, of thereunder, as if it has not been repealed but the High Court Division illegally applied the provisions of the said Ordinance in the instant proceeding drawn under the said Act for payment of full compensation money at the present market rate and as such application of the sa..Category: Constitutional Law | Date: 29 Jun, 2004 | Hits: 232
Abdul Mumin alias Tanu Miah Vs. Mahfujur Rahman and othÂers, 2004, 33 CLC (AD)
....y Md. Aftab Hossain,Advocate-on-Record-Respondent No. 1 (In all the appeals). Not represented-Respondent Nos. 2-30 (In all the appeals). Civil Appeal No. 85-86 of 1998 (From the Judgment and Order dated 30, 1997 passed by the High Court Division in Civil Order Nos. 3230, 3231, 3232, 3233 and 3234......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.......an 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 appeal. It was also averred by the pre-emptor that a suit for partition,partition Suit No. 111 of 1988, is pending before the 2nd Court of Joint District Judg..Category: Property Law | Date: 28 Jun, 2004 | Hits: 43
ACI Ltd Vs. Square Pharmaceuticals Ltd. and another, 2004, 33 CLC (HCD)
....ision No.2091 of 2003. Judgment Md. Abdur Rashid J.- Defendant No.2 obtained the Rule upon making a revision application under section 115(1) of the Code of Civil Procedure against an Order dated 14‑5‑03 passed by Additional District Judge. Court No.2 at Pabna in Miscellaneous Appeal N......rder XXXIX, rules 1 and 2 of the Code of Civil Procedure for restraining said defendants from production and marketing of said 'Polyron'. Upon the application the Court ordered to issue usual notice upon the defendants asking them to show cause within three days from date as to why they shou......e appeal as not maintainable. 2. Opposite party No.1 as plaintiff instituted Title Suit No.146 of 2003 in the Court of Senior Assistant Judge at Sadar in Pabna against the petitioner and another for a decree of declaration that the licence dated 14‑10‑02 granted by defendant No.1 for produc..Category: Civil Law | Date: 23 Jun, 2004 | Hits: 1
....ue‑ul‑Huq, Senior Advocate instructed by Mvi. Md Wahidullah, Advocate‑ on‑Record‑For the Respondents.
Civil Petition for Leave to Appeal No. 1326 of 2002.
(From the Judgment and Order dated May 19, 2002 passed by the High Court Division in First Miscellaneous Appeal No. 259 of 2001).......lawful authority and, as such, not binding upon the plaintiff and the defendant Nos. 1 and 2 are jointly and/or severally liable to pay to the plaintiff the said amount and for a declaration that the notice of termination dated May 10, 1999 of the contract executed between the plaintiff and defendan...... Reported in:56 DLR (AD) 166.
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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)
....ght by the defendant petitioner to either have the ex parte decree set aside under Order IX, rule 13 of the Code of Civil Procedure or for preferring an appeal against the ex parte preliminary decree dated 12‑9-Â02 in Mortgage Suit No.26 of 2001 being unconstitutional as it is violative of Articl......tioner had no way to know that a suit was filed against him. On 29th July, 2001 the respondent No.1 the Joint District Judge and Artha Rin Adalat No.1, Chittagong by Order No.5 ordered publication of notice to the peÂtitioner in two newspapers as per section 5(Ka) of the Artha Rin Adalat Ain, 1990.......339 of 2002. Judgment Md. Awlad Ali J.- This Rule Nisi was issued calling upon the respondents to show cause as to why sections 6 and 7 of the Artha Rin Adalat Ain, 1990 insofar as they provide for payment of 50% of the decretal amount when it was sought by the defendant petitioner to either h..Category: Banking Law | Date: 14 Jun, 2004 | Hits: 310
AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)
....or Advocate, Rokanuddin Mahmud, Senior Advocate instructed by AKM Shahidul Huq, Advocate‑on‑Record‑For Respondent Nos. 2‑61. Civil Appeal No. 38 of 2002. (From the judgment and order dated 21st August 2000 passed by the Appellate Division in Civil Appeal No. 132 of 1998). with ...... Rules and paramount power is specifically exercised to do complete justice of great public importance but where there is no error apparent on the face of the record or no provision of law was left unnoticed in the impugned judgement there is no scope of review……….(30). Cases referred to- ......t Nos. 2‑61. Civil Appeal No. 38 of 2002. (From the judgment and order dated 21st August 2000 passed by the Appellate Division in Civil Appeal No. 132 of 1998). with Civil Petition for Leave to Appeal No. 826 of 1998. (From the judgment and order dated 27 July 1998 passed by t..Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128
.... 28 empowers the court to dismiss the plaint even before taking of evidence if the conditions stipulated in the said provisions are satisfied.
Since from reading of the petition under section 28 dated 31‑8‑2000 and the plaint of the Bankruptcy case, it clearly appears that the respondent-ba......t-bank, submit that bank, in accordance with the provisions of the Bankruptcy Act, 1997 presented the case after compliance of all the pre‑conditions spelt out in the said provisions by issuing the notice demanding the payment and after the expiry of the requisite period as spelt out in the Bankru......harged.
The Bankruptcy Act 1997 (Act X of 1997) is a special law, was enacted in order to make provisions relating to bankruptcy.
Section 28 empowers the court to dismiss the plaint even before taking of evidence if the conditions stipulated in the said provisions are satisfied.
Sinc..
Category: Banking Law, Corporate Law | Date: 10 May, 2004 | Hits: 9
Asadul Hoque, Trading as Samrat Shoe Vs. Registrar of Trade Marks & another, 2004, 33 CLC (HCD)
....sain, Advocate‑ For the Respondents. Trade Marks Appeal No.7 of 1997. Judgment MA Wahhab Miah J.- This appeal under section 76 of the 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 ...... 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. ......ass‑25 cancelling his earlier order dated 29‑4-1993 passed on an application filed by the appellant on 31‑3‑1993 in TM 24 and dated 6‑4‑1993 in TM 38. 2. Short facts, necessary, for the disposal of this appeal are that respondent No.2 got registration of a trade mark under No.2..Category: Others | Date: 5 May, 2004 | Hits: 4
Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)
....s) Ex-parte - For Respondent No. 4-36 (In both the appeals) Civil Appeal Nos. 84& 85 of 1999 Judgment Md. Ruhul Amin J.- These 2 appeals, by leave, are directed against the judgment and order dated November 15.1993 of a Division Bench of the High Court Division in First Miscellaneous Appeal ......arer tenant of the R.S. Khatian No.791/1. 4. The Miscellaneous Case were filed stating, inter alia, that by the 2 separate kabalas of June 25, 1988 the heirs of Khan Bahadur Aman Ali without serving notice to the co-sharer have sold the land of the aforesaid R.S. Khatian to the pre-emptees and fact......iscellaneous Case were filed stating, inter alia, that by the 2 separate kabalas of June 25, 1988 the heirs of Khan Bahadur Aman Ali without serving notice to the co-sharer have sold the land of the aforesaid R.S. Khatian to the pre-emptees and fact of purchase was first disclosed to the pre-emptor'..Category: Property Law | Date: 25 Apr, 2004 | Hits: 42
Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)
.... Civil Petition for Leave to Appeal No. 417 of 2004. Judgment Mohammad Fazlul Karim J .- This petition for leave to appeal at the instance of Bangladesh Bank is directed against the order dated I 7th March, 2004 passed by the High Court Division in Writ Petition No. 896 of 2004 granting ...... above of the High Court Division not being sustainable in law is hereby set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: ...... is the principle of law that an ad interim order could be passed only in aid of or ancillary to main relief that may be available upon final decision of any right in any suit or proceeding pending before any Court or Tribunal. Hence without issuing any rule High Court Division was not authorized in..Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175
Abdul Jabbar Vs. Md. Lokman Hossian, 2006, 35 CLC (AD)
....ioner Nurul Amin, Advocate, instructÂed by A.K.M. Shahidul Huq, Advocate-on-record- For the Respondents Civil petition for leave to appeal No. 528 of 2003. (From the Judgment and Order, dated February 9, 2003 passed by the High Court Division in Civil Revision No. 934 of 2001) Judg......a period of 5 years at the monthly rent of Tk. 801/-, that after expiry of the said period defendant did not make over posÂsession of the suit premises to the plaintiff and thereupon he served legal notice on the defendant under Section 106 of the Transfer of Property Act, on 1st and 2nd of Februar......ocate, instructÂed by Md. Nawab Ali, Advocate-on-record-For the Petitioner Nurul Amin, Advocate, instructÂed by A.K.M. Shahidul Huq, Advocate-on-record- For the Respondents Civil petition for leave to appeal No. 528 of 2003. (From the Judgment and Order, dated February 9, 2003 passed ..Category: Tenancy Law | Date: 21 Apr, 2004 | Hits: 69
Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)
....€‘ For the Respondent. First Miscellaneous Appeal No. 48 of 2001. Judgment Md. Abdur Rashid J.- Defendant No.2 Executive Engineer LGED at Rangpur presented the appeal against an order dated 16‑8‑2000 passed by Second Court of Subordinate Judge at Dhaka in Title Suit No.134 of 199...... an arbitrator. Not otherwise. 'No objection' on behalf of a party does not invest the Court with any power which it does not have under the section. Even when other party did not appear upon notice to an application made under section 20 of the Arbitration Act, the Court is not empowered to......rdinate Judge at Dhaka in Title Suit No.134 of 1997, which refused to set aside the award dated 22‑6‑2000. 2. The respondent made an application under section 20 of the Arbitration Act, 1940 for filing of the arbitration agreement in Court and for appointment of an Arbitrator to arbitrate o..Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3
Agrani Bank, rep. by the Chairman, BoD, & ors. Vs. Khandaker Badrudduza, 2004, 33 CLC (AD)
.... Abdus Salam Khan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record For the Respondent. Civil Appeal No. 288 of 2001. (From the Judgment and Order dated June 27, 2000 passed by the Administrative Appellate Tribunal, Dhaka in Administrative Appel......e respondent showed cause and the same having been found unsatisfactory an inquiry was held and therein he was found guilty. The authority on receiving the inquiry report served 2nd show cause notice on the respondent, to which he replied, proposing dismissal from service and finally, on Feb...... judgment and order dated February 26, 1997 of the Administrative Tribunal, (AT) Dhaka in Administrative Tribunal Case No. 193 of 1994 dismissing the same. 2. The respondent tiled the aforesaid AT Case challenging legality of his dismissal and prayed for reinstatement with all finan..Category: Administrative Law | Date: 6 Apr, 2004 | Hits: 130
Ananda Builders Ltd. Vs. Bangladesh Inland Water Transport Authority and others, 2004, 33 CLC (AD)
....a Khatun, Advocate‑on‑Record‑For Respondent No. 1. Dispensed with‑ Respondent No.2. Ex parte‑ Respondent No.3. Civil Appeal No.300 of 2002. (From the judgment and order dated 8th May 2001 passed by the High Court Division in Writ Petition No. 5311 of 2000). Judgm...... Court Division do not call for any 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) 31. ......ted 8th May 2001 passed by the High Court Division in Writ Petition No. 5311 of 2000). Judgment Md. Fazlul Karim J.- This appeal by leave is to consider the submissions of the learned Counsel for the appellant that: (1) The High Court Division has failed to appreciate the fact that the co..Category: Constitutional Law | Date: 6 Apr, 2004 | Hits: 215
Nurul Huq (Md) @ MN Huq Vs. Nirmal Chandra Dutta & anr., 2004, 33 CLC (AD)
....ul Wadud Bhuiyan, Senior Advocate, instructed by Md Nowab Ali, Advocate‑on‑Record‑For the Respondents. Civil Appeal No. 150 of 2003. (From the judgment and order dated 25‑6‑2001 passed by the High Court Division in Appeal from Original Decree No. 344...... sale proceeds and also inserted into the deed of power of attorney a recital to the effect that he had allegedly taken loan of Taka 4,50,000 from the defendant and his son‑in‑law and the notice of the revocation was published in Daily Ittefaq on 5‑6‑1982. Because of revocati......Respondents Judgment April 5, 2004. The Code of Civil Procedure, 1908 (V of 1908), Section 107 The impugned solenama having not been sent for examination by hand-writing expert of the signature appearing on the solenama and genuineness o..Category: Property Law | Date: 5 Apr, 2004 | Hits: 103
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