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Jamir Ahmed Vs. Siddique Ahmed Sowdagor and others, 2004, 33 CLC (AD)
....ity in the judgment and order passed by the High Court Division. There being no merit in the leave petition, the same is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15 ......rotecting his right or title, if any, in the suit property. In consideration of the materials on record we do not find that the petitioner is a necessary proper party in the instant suit. In such view of the matter we do not find any illegality in the judgment and order passed by the High Court ..Category: Civil Law | Date: 12 Dec, 2004 | Hits: 156
Kishore Kumar Roy Vs. Md. Anwar Hossain & another, 2004, 33 CLC (AD)
....there is nothing to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15. ......om the premises for construction or re-construction according to section 18 (Uma) of Premises Rent Control Act, 1991. In the facts and circumstances of the case and materials on record, we are of the view that the High Court Division on proper assessment of the materials on record arrived at a corre..Category: Property Law | Date: 12 Dec, 2004 | Hits: 62
Hasina Begum and others Vs. Chairman, RAJUK and others, 2004, 33 CLC (HCD)
.... plots. In the view the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 237. ......first establish their right before invoking Article 27 of the Constitution. We do not find any discrimination that has been meted out to the petitioners as regards the allotment of plots. In the view the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 5..Category: Property Law | Date: 4 Dec, 2004 | Hits: 2
Md. Muinuddin Zulfiquer Vs. Ministry of Shipping and others, 2004, 33 CLC (AD)
....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. ......ed, that in the light of the advertisement the writ-petitioner, the respondent No.5 and others submitted their applications for being appointed as Engineer and Ship Surveyor and in due course interview was held and recommendation was made for the appointment of the respondent No.5 in Grade-I and..Category: Employment/Service Law | Date: 4 Dec, 2004 | Hits: 5
....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.
......by the writ petitioner was wrong. We are not oblivious of legal maxim "Commondum Ex Injuria Sua Nemo Habera Debet" i.e. no person ought to have advantage from his own wrong. We are, therefore, of the view that even any wrong is committed no one can take advantage of his own wrong to the prejudice of..
Category: Property Law | Date: 4 Dec, 2004 | Hits: 82
Atiquzzaman Khan (Md) Vs. State, 2005, 34 CLC (AD)
....ty thousand) is reduced to Taka 5,000 (five thousand) since the appellant has already deposited Taka 13,866 on 28‑2‑1983 out of misappropriated amount of Taka 18,812.90. Ed. ......ion has neither been received nor refused within sixty days. It has been held that sanction deemed to have been accorded. ‘High Court Division unfortunately took a wrong view that holding of trial of a public servant without taking sanction is curable under section 537..Category: Criminal Law | Date: 4 Dec, 2004 | Hits: 78
Regent Ken International Ltd Vs. Amanat Shah Ship Breaking Industries Ltd, 2004, 33 CLC (HCD)
....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. ......inst the owners of the vessel. I am inclined to accept that the so-called agent's refusal to receive service of summons/notices indicates their hostility towards the owners of the vessel. In such view of the matter, it follows that the owners were not properly served with notices of the suit. In..Category: Admiralty Law or Maritime Law | Date: 30 Nov, 2004 | Hits: 6
Amir Hossain (Md.) Vs. Government of People's Republic of Bangladesh & others, 2004, 33 CLC (HCD)
.... question from the "Ka" list of the abandoned buildings within 2 months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 332. ......if it was a Court for determination of title of the said house property. In this regard, the case reported in 9 MLR 76 may be cited. The impugned judgment and order of the Court of Settlement, in our view, is therefore liable to be declared without any lawful authority and is of no legal effect. ..Category: Abandoned Properties Law | Date: 27 Nov, 2004 | Hits: 13
Civil Engineering Co Vs. Mahkota Technology SDN BHD and others, 2004, 33 CLC (HCD)
.... 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. ......heir disputes to arbitration or e discharged from the performance of the contract. The arbitration agreement may also be superseded. Civil suit is therefore, never ipso facto intended to be barred in view of existence of an arbitration agreement……………….(24) ..Category: Arbitration Law | Date: 10 Nov, 2004 | Hits: 12
....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.
......3 on 20‑11‑03 in the Court of the Chief Metropolitan Magistrate, Dhaka alleging inter alia, that he was traveling by road to go his business offices at Sreemangal, Moulavi Bazar and Sylhet with a view to settle annual accounts, pay various debts and to make renovations of his aforesaid business ..
Category: Anti-Corruption Laws, Criminal Law | Date: 10 Nov, 2004 | Hits: 8
Haider Ali and ors. Vs. State, 2004, 33 CLC (AD)
....those who came to the place of occurrence to rescue the victim. In view of our above discussion we fined no substance in this appeal and accordingly it is dismissed. Ed. ......nyone of the other party. This common object is clear from the fact that all of the appellants rushed to the place of occurrence armed with different weapons including deadly weapon. So we are of the view that thought there is evidence that only four of the appellants actually caused injury to the v..Category: Criminal Law | Date: 4 Nov, 2004 | Hits: 102
Dr. Alauddin Ahmed Vs. Md. Idris Ali Bhuiyan and others, 2004, 33 CLC (AD)
....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. ......s are necessary. After considering the facts and circumstances and the averment made in the application and the statements of the application praying to call for the records in question we are of the view that the submissions made on behalf of the respondent No. 1 cannot be brushed aside. 15...Category: Election Law | Date: 30 Oct, 2004 | Hits: 142
Shamsul Haque (Md) Vs. Amina Khatun and others, 2004, 33 CLC (AD)
....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.......verment to the contrary. 16. Mr. Neogi next submitted that superior court would be reluctant to send back a case on remand if on the materials on record the case may be disposed of by it. In our view there is substance in this submission of Mr. Neogi. In the case of Vice Chairman, EP Enemy Prop..Category: Civil Law | Date: 31 Aug, 2004 | Hits: 156
Bangladesh Jute Corporation Vs. AB Jute Ltd, 2004, 33 CLC (HCD)
.... 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. ......ointment of arbitrator and/or tribunal, cognisance and conduct of arbitration proceedings and giving awards by such tribunal all became nullity being coram non judice. We know no laws that posits the view that participation of the parties to a contract in an arbitration proceedings or submission bef..Category: Arbitration Law | Date: 18 Aug, 2004 | Hits: 8
.... 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.
......, appearing on behalf of the respondent No.1 and Mr. AJ Mohammad Ali, the learned Additional Attorney-General appearing for the respondent No.4, submit that the petitioner does not come within the purview of the definition of citizen as provided in the Citizenship Act and that the petitioner not bei..
Category: Business or Commercial Law | Date: 17 Aug, 2004 | Hits: 2
Ashraful Alam Vs. Md. Moniruddin and ors, 2004, 33 CLC (HCD)
....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. ...... learned Subordinate Judge found that the plaintiffs were possessing the suit property for more than 12 years without any obstruction and thereby, they acquired title by adverse possession. Upon such view, learned Subordinate Judge decreed the suit. 23. Only question facing us is, whether the l..Category: Property Law | Date: 17 Aug, 2004 | Hits: 2
Hasina Begum Vs. Deputy Commissioner, Dhaka and others, 2004, 33 CLC (HCD)
....d auction sale is also declared without jurisdiction, illegal and void; and accordingly, quashed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 257. ......t more. Then, the Chairman of the Martial Law Court asked the defendant No.1, Deputy Commissioner to realise the fine as a public demand under the Public Demand Recovery Act 1913 (Act III of 1913). Review by the Chief Martial Law Administrator was rejected by order dated 12‑5‑86. 7. While s..Category: Others | Date: 15 Aug, 2004 | Hits: 3
Yusuf Chowdhury (Md.) Vs. Administrator of Waqf and others, 2004, 33 CLC (HCD)
....nd of CS plot No.609 appertaining to CS Khatian Nos.208/198 was not waqf is thereby upheld. Send down the LC Record. Ed. This Case is also Reported in: 57 DLR (2005) 738. ......ned Additional District Judge held that Waqif Tafazzal Ali Chowdhury did not make the disputed land waqf and said land was not accordingly enlisted in the office of the Waqf Administrator. Upon such, view, he dismissed the appeal and affirmed the decision of the Waqf Administrator that the disputed ..Category: Trust/Waqf Law | Date: 11 Aug, 2004 | Hits: 1
Jane Alam (Md.) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....nce to the aforesaid Trawler of the petitioner. In accordance with law within 60 (sixty) days from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 305. ......after, the petitioner made an application to the respondent No.5 i.e. Principal Officer. Mercantile Marine Department, for registration of the said Trawler as deep sea fishing Trawler (white fish) in view of section 388 of the Bangladesh Merchant Shipping Ordinance, 1983 and thereafter he also made ..Category: Admiralty Law or Maritime Law | Date: 10 Aug, 2004 | Hits: 4
State Vs. Md. Arab Ali, Ex-Manager, Rupali Bank and others, 2005, 34 CLC (AD)
....rt Division was in error in quashing the proceeding of the Special Case No. 12 of 1985 of the Court of Divisional Special Judge, Dhaka. Accordingly, the appeal is allowed. Ed. ......t legal, the respondent No. 1 having had ceased to be a public servant upon nationalisation the High Court Division was in error in quashing the proceedings of the Soecia.1 Case No. 12 of 1985 on the view that because of the judgment in the Title Suit No. 2 of 1989 and maintaining thereof upto the H..Category: Criminal Law | Date: 10 Aug, 2004 | Hits: 84
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