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Sultan Miah (Md) Vs. Kazi Abu Siddique and others, 2005, 34 CLC (AD)
.... 3. The defendant‑respondents contested the suit by filing written statement denying all the material allegations made in the plaint, contending, inter alia, that they also became the owners in possession over 3.5 decimals of land by purchase and got their names mutated but the plaintiff insti......di for permanent injunction on the averments, inter alia, that after the death of the CS recorded owner Meher Ali and his sons Kamaruddin, Janab Ali and Chand Miah got one third each of the suit land on amicable partition. It is further stated that the plaintiff became the owner of the suit lan......is petition merits no consideration. Accordingly, it is dismissed. Ed. ......ned. Judgment of the, High Court Division causing failure of justice in making the Rule absolute. Therefore, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..Category: Civil Law | Date: 8 May, 2004 | Hits: 825
Asadul Hoque, Trading as Samrat Shoe Vs. Registrar of Trade Marks & another, 2004, 33 CLC (HCD)
.... 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. ...... 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. ......p; Present: MA Wahhab Miah J Md. Abdul Hafiz J Asadul Hoque, Trading as Samrat Shoe…………………………&h......under TM-12. On such disclosure of fact from the Registrar, the respondent on 15‑2‑97 filed an application to the Registrar on a plain paper asserting that he did neither assign the trade mark in question in favour of Mr. Asadul Haque, the present appellant, nor did he make any agreement with an..Category: Others | Date: 5 May, 2004 | Hits: 4
Sunder Ali being dead his heirs A. Hannan & ors. Vs. Md. Serajul I. Sarker & ors., 2004, 33 CLC (AD)
....allowed. The trial Court is directed to proceed with the trial of Title Suit No. 4 of 1995 and to dispose of the same expeditiously. There is no order as to costs. Ed. ......e plaint of the aforementioned Title Suit. 2. Predecessor of the present appellant No. 14 and another filed the aforesaid title suit seeking declaration of title In respect of the land described in the schedule attached to the plaint. 3. In due course the defendants ......same expeditiously. There is no order as to costs. Ed. ......allowed. The trial Court is directed to proceed with the trial of Title Suit No. 4 of 1995 and to dispose of the same expeditiously. There is no order as to costs. Ed. ..Category: Property Law | Date: 27 Apr, 2004 | Hits: 102
Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)
....e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ......agong, in Miscellaneous Case No.314 of 1988 allowing the same, respectively. 2. Pre-emption was sought under Section 96 of the State Acquisition and Tenancy Act in respect of 38 1/2 decimals of land in each of the Miscellaneous cases. The land sought to be pre-empted was transferred by two kab......rein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ......nd sought to be pre-empted was a municipal road or a recorded path, rather it is seen that the claimed 3' width brick built pathway or 'ail' is for the use of the owners of the land of the holding in question. It is the assertion of the pre-emptor that there is a 'ail' of 3'width in between his land..Category: Property Law | Date: 25 Apr, 2004 | Hits: 42
Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)
....od of sixty days requited for the purpose under section 80, Civil Procedure Code, and unless protected by the Court in the meanwhile the respondents would undergo irreparable and irremediable loss of possession of the mining leases involving a huge waste of labour, machinery and other resources of e...... 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: ...... Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: ...... issued and the High Court Division thought it just and fair to dispose of the writ application with direction staying the impugned order pending disposal of the said appeal, which has been called in question before this Court. 4. Mr. Fida M Kamal, the learned Additional Attorney‑General,..Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175
Abdul Jabbar Vs. Md. Lokman Hossian, 2006, 35 CLC (AD)
....laintiff and thereupon he served legal notice on the defendant under Section 106 of the Transfer of Property Act, on 1st and 2nd of February 1993 asking him to quit the premises and to deliver vacant possession of the suit premises to the plaintiff but instead of doing the same the defendant remaine......opposite party herein. 8. In the present case admittedly the defendant occupied the suit premises as tenant under the plaintiff and thereafter he was paying rent to the plaintiff admitting him as land lord, which was also confirmed by his rent case No. 43 of 1993. Thereafter he has created a n......und of the discussion made hereinabove we find no merit in the petition. Accordingly the petition is dismissed. Ed. ...... the High Court Division in making the Rule absolute. 12. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly the petition is dismissed. Ed. ..Category: Tenancy Law | Date: 21 Apr, 2004 | Hits: 69
Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)
....d dated 22‑6-2000 is accordingly set aside. The arbitration agreement now ceases to have any effect. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 656. ...... no claim to compensation, in any case. 30. Mr. Shafique Ahmed submitted that the learned Arbitrator is empowered to give compensation or damages for breach of the contract under law of the land even when the contract is silent. Submission may sound appealing but is devoid of any substance......also Reported in: 57 DLR (2005) 656. ...... respondent never invoked the arbitration clause nor wrote to the appellant for arbitration. The arbitration clause 25 reads as follows: "Except where otherwise provided in the contract all questions and disputes relating to the meaning of the specifications, designs, drawings and instruct..Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3
Ananda Builders Ltd. Vs. Bangladesh Inland Water Transport Authority and others, 2004, 33 CLC (AD)
.... 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. ......e Court Appellate Division (Civil) Present: Md. Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Ananda Builders Ltd. ..........Appellant Vs. Bangladesh Inland Water Transport Authority and others…....Respondents Judgment April 6, 2004. ......Bangladesh Inland Water Transport Authority and others…....Respondents Judgment April 6, 2004. The Constitution of Bangladesh, 1972, Article 102 When the contract is entered into by a public authority in exercise of its statutory power in terms of statutory provisions any b......e contractual obligation, there is no scope for price adjustment to be made in favour of the appellant, more so these matters arose out of the alleged contractual obligation based on certain disputed questions of fact which cannot be decided under writ jurisdiction. 4. Mr. Rafique‑ul‑Huq w..Category: Constitutional Law | Date: 6 Apr, 2004 | Hits: 215
Nurul Huq (Md) @ MN Huq Vs. Nirmal Chandra Dutta & anr., 2004, 33 CLC (AD)
....ave been executed by the respondent and to decide the appeal iii accordance with law. The plaintiff of the suit shall bear the costs of the examination by the Handwriting Expert. Ed. ......ave been executed by the respondent and to decide the appeal iii accordance with law. The plaintiff of the suit shall bear the costs of the examination by the Handwriting Expert. Ed. ...... bear the costs of the examination by the Handwriting Expert. Ed. ......the appellant appeal has been remanded to the High Court Division with a direction to hear the appeal a fresh after obtaining report from the hand-writing expert as to execution of the document in question……………………(8 & 9) Lawyers I..Category: Property Law | Date: 5 Apr, 2004 | Hits: 103
SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)
.... 9. In view of our discussions made hereinabove we find no merit in this appeal. The appeal, accordingly, is dismissed. There is no order as to costs. Ed. ...... 9. In view of our discussions made hereinabove we find no merit in this appeal. The appeal, accordingly, is dismissed. There is no order as to costs. Ed. ......is dismissed. There is no order as to costs. Ed. ......ty of termination of such appointment by one claiming himself as informant or witness of the case, “can hardly be considered legally well conceived” and such person is not competent to question the legality of such action……………………..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259
Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)
....on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ......on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ...... 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ......vailable at all and in the said situation unfathomed or extraordinary kind of uncertainty apparent in the commencement of trial and termination of the same. In the case of such extraordinary kind the question of delay in considering the prayer for quashing of the proceeding on the said ground may re..Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74
Monajjel Hossain Khan Vs. State, 2006, 35 CLC (AD)
....revisional application the High Court Division has not, in any way, committed any illegality warranting interference by this Court. Accordingly, the application for leave to appeal is dismissed. Ed. ......revisional application the High Court Division has not, in any way, committed any illegality warranting interference by this Court. Accordingly, the application for leave to appeal is dismissed. Ed. ......sion has not, in any way, committed any illegality warranting interference by this Court. Accordingly, the application for leave to appeal is dismissed. Ed. ......sp; MA Aziz J: This Criminal petition for leave to appeal at the instance of accused Monajjel Hossain Khan alias Mintoo calls in question the legality of the judgment and order dated 3-12-2003 passed by a Division Bench of the Hi..Category: Criminal Law | Date: 24 Mar, 2004 | Hits: 92
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
....e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ......e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ......correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ......red the aspect of sentence and was of tile view that since a case under section 302 of the Penal Code has been found against the condemned prisoner, the Court in review would not interfere with the question of sentence which in the proved fact is the legal existence in the absence of any mitigat..Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332
Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)
....inapatra' dated August 20, 1982 which was executed upon receiving Taka 1,50,000 out of the total consideration Taka 3,00,000. The predecessor of the present respondent Nos. 1 (a) to 1 (c) made over possession of part of the property, i.e. first floor of the building, to the plaintiff. It was also ......ce. 2. Plaintiff‑appellant and another (respondent No. 2) filed the Other Class Suit No. 70 of 1992/Other Suit No. 86 of 1988 seeking a decree for specific performance of contract for sale of land against the predecessor of the respondent Nos. 1 (a) to 1 (c) on the basis of the 'bainapatra'......of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed.......s) best known to him to do something or to fill up the gap in the prosecution of the case. 8. The order of remand by the Court should except in air exceptional case, be avoided when the point in question for the determination whereof order of' remand is made can very much be disposed of finally..Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
BRTC Vs. Md. Esken Mollick and anr., 2004, 33 CLC (AD)
....as come to a correct decision and there being no error in the said judgment, the appeal has no substance. In the result the appeal is dismissed without any order as to costs. Ed. ......as come to a correct decision and there being no error in the said judgment, the appeal has no substance. In the result the appeal is dismissed without any order as to costs. Ed. ......lt the appeal is dismissed without any order as to costs. Ed. ......n the worker has to ensure that he submits his grievance to the employer within fifteen days of the occurrence of the cause of such grievance. The prime necessity is to ensure that it reaches. The question as to how it is sent is not at all a deciding factor in spite of the words……..Category: Labour and Industrial Law | Date: 16 Mar, 2004 | Hits: 99
....
In the result, the Rule is made absolute with the above observations and directions.
There is no order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 741.
......hard forces, develops situations of imbroglio and tendencies to back-track. And Law quibbles where life wobbles. Judges only read sign and translate symbols in the national sky. So ensued an era of islands of exception dredged up by judicial process. Great clubs were privileged out liberal professio......and directions.
There is no order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 741.
......d provision but all canons of law and the Labour Court rightly directed the Corporation to lift the order of suspension and also to make the payment of his arrear salary for the entire period. On the question of maintainability of the case before a Labour Court, the learned Advocate submits that he ..
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Akram Hossain (Md.) Vs. Sahera Khatun and others, 2004, 33 CLC (HCD)
....on in the suit. Addition of opposite party in the suit cannot be said to be not necessary. Such addition of a subsequent transferee would not prejudice the plaintiff rather would help him to get possession of the suit-holding if he ultimately succeeds in the suit. Presence of opposite party No.......osite party Nos.1 and 2. None of the sisters entered into any contract for sale of the suit holding to the plaintiff. Rather, all three sisters entered into an agreement with him for sale of the suit land at a consideration of Taka 36,00,000 and upon receipt of Taka 9,00,000 on 8‑12‑2002 they de...... Ed. This Case is also Reported in: 57 DLR (2005) 317. ...... is discharged. Whether or not the oral contract as claimed by the plaintiff is genuine and enforceable in law Addition of subsequent transferees is necessary for proper adjudication of the question whether the plaintiff’s case of alleged contract between the plaintiff and the defend..Category: Contract Law | Date: 8 Mar, 2004 | Hits: 5
Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
....tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ......PSL RM Ramanathan Chettiar Vs. OR MP RM Ramanathan Chettiar, 1968 SC 1047 at 1049; Sahadeo Sukul and others Vs. Seikh Shawkat Hossain, 12 CWN 145 at 146; Re Welsh Brick Industries Ltd., 1946 2 All England Law Reports, page 197; Ram Lal Vs. Central Bank of India, AIR 1961 Punj. 340 at 344, 349; Varji......the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ......e dues to the petitioners on settlement of accounts. 4. Since Mr. Shamsuddin Babul, the learned Advocate appearing for the respondent, raised the preliminary question of maintainability of these applications is would be proper for me not to enter into the me..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)
....inding on the basis of the evidence to be available with the record. The office is directed to transmit the case record at once. Ed. This Case is also Reported in: 56 DLR (2004) 556. ......inding on the basis of the evidence to be available with the record. The office is directed to transmit the case record at once. Ed. This Case is also Reported in: 56 DLR (2004) 556. ......e with the record. The office is directed to transmit the case record at once. Ed. This Case is also Reported in: 56 DLR (2004) 556. ......ffence within the ambit of the offence, it is necessary for the prosecution to prove that the death is caused on account of dowry. No alternative punishment has been provided for the offence. Now the question is, whether the Bishesh Adalat is justified in convicting the condemned prisoner on the pri..Category: Women and Children | Date: 1 Mar, 2004 | Hits: 164
Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)
....3 of 1996 making the Rule absolute. 2. The respondent No. 1 filed the above writ petition seeking direction upon the respondent No. 2, the Government of Bangladesh, to hand over to him the vacant possession of the ground floor of the building situated at Holding No. 21, Motijheel Commercial Area......al Area, Dhaka occupied by the appellants and respondents Nos. 3‑17 stating, inter alia, that former Government of East Pakistan by a registered deed of lease dated 6‑10‑65 granted lease of the land situated at Holding No. 21, Motijheel Commercial Area, Dhaka to Enam Elahi and Brothers, a fami......n of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......learned Counsels and authority cited above by them, it appears that in view of the nature of tenancy of respondents Nos. 6 and 7 respectively separate considerations are required for deciding the question before us. It appears that in the writ petition appellant not only prayed for a declarati..Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133
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