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Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....udgment of reversal. Accordingly, the same is liable to be interfered with. The appeal is thus allowed with cost. Ed. ......8209;1960. The further case of the plaintiff was that Abu Siddique Mazumder was friendly with the plaintiff from before and since the plaintiff could not come to Rangpur from India at the relevant time for the purpose and since he had none to look after his properties the plaintiff appointed Abu......the predecessor‑in‑interest of the respondents, instituted Title Suit No. 80 of 1966 in the Court of Subordinate Judge (now Joint District Judge), Rangpur for establishment of title and recovery of khas possession in the suit property stating, inter alia, that he had some properties ......ment of the High Court Division is not at all a proper Judgment of reversal. Accordingly, the same is liable to be interfered with. The appeal is thus allowed with cost. Ed. ..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Mukul Vs. State, 2004, 33 CLC (AD)
....inabove as review cannot be granted for merely reexamination of the same argument, the petition for review is dismissed. Ed. ......tion through the evidence of PW 1 has established the fact of demand of dowry by the condemned prisoner, that the case of alibi i.e. absence of the condemned prisoner from the house at the relevant time, was not established by the reliable evidence, that petitioner's contention that as prosecuti...... 22. In the background of our discussions made hereinabove as review cannot be granted for merely reexamination of the same argument, the petition for review is dismissed. Ed. ...... 22. In the background of our discussions made hereinabove as review cannot be granted for merely reexamination of the same argument, the petition for review is dismissed. Ed. ..Category: Criminal Law | Date: 10 Jul, 2004 | Hits: 100
Hafez Abdus Salam Vs. Syed Fazlul Quader and another, 2004, 33 CLC (HCD)
....municate the order at once. Ed. This Case is also Reported in: 57 DLR (2005) 640. ......memo of appeal is appealable. He cited Suraj Pal Pandey and others Vs. Uttim Pandey and others, AIR 1922 Patna 281. 11. He further submitted that the appellate Court had no jurisdiction to allow time for filing deficit court fees exceeding 21 days in view of the proviso to rule 11 of Order VII ......onnected Civil Rule 550(FM) of 2003 is accordingly, discharged with cost. Communicate the order at once. Ed. This Case is also Reported in: 57 DLR (2005) 640. ......onnected Civil Rule 550(FM) of 2003 is accordingly, discharged with cost. Communicate the order at once. Ed. This Case is also Reported in: 57 DLR (2005) 640. ..Category: Civil Law | Date: 29 Jun, 2004 | Hits: 3
Rajshahi Development Authority Vs. Sultan Ahmed, Advocate and others, 2005, 34 CLC (AD)
.... the writ‑petitioner and is confined to thefacts and circumstances of this case only. The appeal is dismissed without any order as to costs. Ed. ......the case, though notice under section 5 of the Act was issued and served as back in 1978‑79 but the formalities as required for decision of the Government was not properly complied with within, time and no notification under section 5(7) of the Act having been published so far within reasonabl......ury, that has been suffered by the writ‑petitioner and is confined to thefacts and circumstances of this case only. The appeal is dismissed without any order as to costs. Ed. ......ury, that has been suffered by the writ‑petitioner and is confined to thefacts and circumstances of this case only. The appeal is dismissed without any order as to costs. Ed. ..Category: Constitutional Law | Date: 29 Jun, 2004 | Hits: 232
Abdul Mumin alias Tanu Miah Vs. Mahfujur Rahman and others, 2004, 33 CLC (AD)
....ir 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.......pre-emption under Section 24 of the Non-Agricultural Tenancy Act, 1949. 20. The Appellate Division by majority decision restored the judgment of the trial Court holding that although at one point of time the pre-emptors were the co-sharers of the Khatian No.14 by purchasing land of plot Nos.107 and......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.......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...Category: Property Law | Date: 28 Jun, 2004 | Hits: 43
ACI Ltd Vs. Square Pharmaceuticals Ltd. and another, 2004, 33 CLC (HCD)
.... Md. Nurul Islam and others Vs. Government of Bangladesh, 1977 BSCR 32; Abdul Jalil Munshi Vs. Abu Bakr Siddique, 35 DLR (AD) 42. Lawyers Involved: Rafique-ul Huq with Anik R Hoque, Advocates- For the Petitioner. Rokanuddin Mahmud with Kazi Zinnat Hoque, Advocates- For the Opposite......ected to dispose of the application for temporary injunction within a date fixed and the parties might be directed to maintain status quo till then in modification of the order of stay granted at the time of issue of the Rule. 8. In reply, Mr. Huq readily conceded to such submission of Mr. Mahm...... by 23 August 2004 positively. 16. Parties will maintain status quo as of today till then. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 335. ...... by 23 August 2004 positively. 16. Parties will maintain status quo as of today till then. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 335. ..Category: Civil Law | Date: 23 Jun, 2004 | Hits: 1
....e with the judgment and order of the High Court Division.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:56 DLR (AD) 166.
......case, that the plaintiff called Project Manager of the defendant No. 1 as witness but the defendant No. 1 created a situation so that he could not dare to give his evidence, that plaintiff prayed for time to examine the documents for the purpose of giving undertaking but the prayer was refused, that......ot find any reason to interfere with the judgment and order of the High Court Division.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:56 DLR (AD) 166.
......ot find any reason to interfere with the judgment and order of the High Court Division.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:56 DLR (AD) 166.
..
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)
....arlier stands vacated. Ed. This Case is also Reported in: 57 DLR (2005) 138. ...... filed Mortgage Suit No.26 of 2001 on May, 2001 against the petitioner and his two guarantors for realisation of Taka 42,96,879 as on 30th April, 2001. The petitioner in course of his business at one time fell short of cash flow and applied to the respondent bank by a letter dated 23‑2‑95 to san...... view, not maintainable. The Rule is accordingly, discharged with cost. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 57 DLR (2005) 138. ...... view, not maintainable. The Rule is accordingly, discharged with cost. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 57 DLR (2005) 138. ..Category: Banking Law | Date: 14 Jun, 2004 | Hits: 310
AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)
....dismissed on merit, the Civil Petition for Leave to Appeal No. 826 of 1998 shall also stand dismissed without any order as to costs. Ed. This Case is also Reported in: ......2490 persons to 25 cadre services including 8 persons to BCS (Sectt.) Cadre. After the examination the selected candidates joined their respective services during October to December 1983. In the meantime the Public Service Commission issued another Advertisement No. JE‑23/82/239 dated 22‑12‑8......aid appeal was heard and dismissed on merit, the Civil Petition for Leave to Appeal No. 826 of 1998 shall also stand dismissed without any order as to costs. Ed. This Case is also Reported in: ......aid appeal was heard and dismissed on merit, the Civil Petition for Leave to Appeal No. 826 of 1998 shall also stand dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128
State Vs. Md. Delwar Hossain Faraji, 2004, 33 CLC (HCD)
.... Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 264. ......l Code and convicted him thereunder. Following conviction he was sentenced to death. 9. In the case there is no eye‑witness of murder of wife Hasi Begum. Having regard to the manner, place and time of occurrence it was difficult on the part of prosecution to produce in witness box any ocular ......lice, Dhaka. iv. Superintendent of Police, Pirojpur. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 264. ......lice, Dhaka. iv. Superintendent of Police, Pirojpur. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 264. ..Category: Criminal Law | Date: 18 May, 2004 | Hits: 3
.... is also Reported in: 57 DLR (2005) 716.
......(Annexure-D). After hearing, the said application was rejected by an order dated 7-11‑2000 (Annexure‑D‑1). Being aggrieved the petitioners obtained the present Rule on 4‑6‑2001. At the time of issuance of the Rule on the prayer of the petitioners, the further proceedings of the Bankru......he Bankruptcy Court is directed to dispose of the bankruptcy case expeditiously.
The order of stay granted earlier by this Court
Ed.
This Case is also Reported in: 57 DLR (2005) 716.
......he Bankruptcy Court is directed to dispose of the bankruptcy case expeditiously.
The order of stay granted earlier by this Court
Ed.
This Case is also Reported in: 57 DLR (2005) 716.
..
Category: Banking Law, Corporate Law | Date: 10 May, 2004 | Hits: 9
Sultan Miah (Md) Vs. Kazi Abu Siddique and others, 2005, 34 CLC (AD)
....rt Division causing failure of justice in making the Rule absolute. Therefore, this petition merits no consideration. Accordingly, it is dismissed. Ed. ...... The Code of Civil Procedure, 1908 (V of 1908) Section 115 The High Court Division committed no error of law in confirming judgement and decree of the trial court at the same time setting aside the judgement and decree passed by the appellate court as because judgment of th......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. ......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)
....ed 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. ......rade mark in his name was illegal. 3. From the impugned order passed by the Registrar as well as from the order sheet of the Registrar of Trade Marks, it appears that although the appellant took time by filing application under TM 55 on 20-4‑97 yet on 11‑6‑97 he again prayed for time, and...... 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. ..Category: Others | Date: 5 May, 2004 | Hits: 4
Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)
..... 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. ......the holding was acted upon by paying rent. It may be mentioned payment of rent was sought to be established from the side of the pre-emptees. 18. In the afore state of the matter it was urged at the time of obtaining leave that the contrary finding of the High Court Division as to separation ......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. ......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. ..Category: Property Law | Date: 25 Apr, 2004 | Hits: 42
Abdul Jabbar Vs. Md. Lokman Hossian, 2006, 35 CLC (AD)
.... 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. ......s wherein he was a tenant in favour of the landlord he denied the title of the landlord and continued to possess the premises upon stopping payment of rent. Since the law is well settled for long time that a tenant is stopped from denying title of the landlord and if he intends to deny the title...... 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. ...... 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)
....tration agreement now ceases to have any effect. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 656. ...... of 3,500 were washed away causing loss of about Taka 3,70,000. 6. After issue of the work order defendants did not supply him any layout within ten months. The plaintiff prayed for extension of time for execution of the work but without any result. By Memo dated 12‑4‑1997 defendant No.2 le......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. ......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. ..Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3
Agrani Bank, rep. by the Chairman, BoD, & ors. Vs. Khandaker Badrudduza, 2004, 33 CLC (AD)
....reinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ...... 14. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ...... 14. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ...... 14. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ..Category: Administrative Law | Date: 6 Apr, 2004 | Hits: 130
Ananda Builders Ltd. Vs. Bangladesh Inland Water Transport Authority and others, 2004, 33 CLC (AD)
....l 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. ...... the second contract was US$ 29, 67,266 plus Taka 8, 44,76,843. On 22 January 1998 the appellant made an application to BIWTA for an adjustment of the contract price by 10% due to an unusual lapse of time between submission of bids and the signing of contracts. Work on the second contract was comple...... 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. ...... 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. ..Category: Constitutional Law | Date: 6 Apr, 2004 | Hits: 215
Sec. Min. of Law, Justice & Par. Affairs & ors. Vs. Md. Borhan Uddin and ors., 2004, 33 CLC (AD)
....al. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......n 492 of the Code of Criminal Procedure read with the provision in Legal Remembrancer's Manual, the Government is quite competent to terminate the appointment of the Special Public Procedure at any time without assigning any reason and particularly, when Government is not satisfied with the perf......discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 201
SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)
.... no merit in this appeal. The appeal, accordingly, is dismissed. There is no order as to costs. Ed. ......the order of removal so passed is violative of the principle of natural justice. 3. The respondent Nos. 1 and 2 contested the Rule by filing affidavit‑in‑opposition. At the time of hearing of the writ petition the question of maintainability on the ground of locus standi ...... 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. ..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259
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