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Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)
....espondent No. 8) was the owner of the property described in schedules A, B, and C to the plaint, He entered into an agreement with the plaintiffs on January 22, 1981 to sell the said property for a total consideration of taka 1,00,000. In terms of the contract each of the purchasers has paid Tak......corroborated. 9. The learned Counsel for the appellant submits that facts like, first holding of salish in connection with the ejectment suit as deposed by the DWs 1, 3 and 4; second, absence of the fact like bainapatra in the petitions, filed by PW 1, upon which as many as three Ho......est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ..Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147
Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)
....the Rules are discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 546. ...... section 5(1) (d) of Act 11 of 1947 or whether Md. Nasim directly involved or whether Md. Nasim in appointing Rahman as a consultant or whether consultant Rahman was paid by World Tel Holding Ltd. in absence of any fund of the Ministry for consultation fee or whether Md. Nasim and Md. Rahman benefit......onsider what are the condition which attracts section 561A of the Code of Criminal Procedure, shortly the Code. It is no doubt an extraordinary power given to the High Court, which is called inherent jurisdiction of the High Court and since this power is extraordinary in nature and discretionary, it..Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1
Jaher Ali (Md.) and others Vs. Md. Ziarat Hossain, 2005, 34 CLC (HCD)
....o dismissed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 315. ......bsolute. Possession must be proved over the suit land Plaintiff could not prove his possession over the suit land and was dispossessed by the defendants from the suit land forcibly. In the absence of any clear evidence as to the possession of the plaintiff prior to dispossession by the de......o dismissed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 315. ..Category: Property Law | Date: 4 Jan, 2005 | Hits: 3
Altaf Hossain Golondas Vs. Bangladesh and others, 2004, 33 DLR (HCD)
....lver is declared to have been issued without any lawful authority and to be of no legal effect. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 323. ......lver is declared to have been issued without any lawful authority and to be of no legal effect. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 323. ...... be cancelled or suspended: (a) by the officer by whom the same was granted or by any authority to which he may be subordinate or by any Magistrate of a district within the local limits of whose jurisdiction the holder of such licence may be, when, for reasons to be recorded in writing, such of..Category: Arms Law | Date: 14 Dec, 2004 | Hits: 9
Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....e directions herein above given. Let a copy of this judgment and order be supplied to the learned Deputy Attorney General for compliance. Ed. This Case is also Reported in: 25 BLD (HCD) (2005) 83. ......e directions herein above given. Let a copy of this judgment and order be supplied to the learned Deputy Attorney General for compliance. Ed. This Case is also Reported in: 25 BLD (HCD) (2005) 83. ......e directions herein above given. Let a copy of this judgment and order be supplied to the learned Deputy Attorney General for compliance. Ed. This Case is also Reported in: 25 BLD (HCD) (2005) 83. ..Category: Health Law | Date: 14 Dec, 2004 | Hits: 239
Biseruddin Sarder (Md) and others Vs. Md. Tofazzal Hossain Biswas and others, 2005, 34 CLC (AD)
....n document on 15 Ashar 1339 BS for a loan of taka 140. Their further case is that as the aforesaid persons failed to repay the loan money, they gave the land to Tayebuddin Biswas in total repayment of the loan money and executed a receipt in favour of Tayebuddin on 5th Ashar 1344 B......e view that the High Court Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ......g with the findings and decision given on loan documents Exhibits B and B(1) by the final court of fact on consideration of the evidence on record and in so doing the High Court Division exceeded its jurisdiction and acted illegally when there was serious challenge from the side of the plaintiffs re..Category: Property Law | Date: 13 Dec, 2004 | Hits: 21
Fokrul Alam Chowdhury Vs. State & another, 2004, 33 CLC (HCD)
.... trial of the petitioner-accused under the Criminal Law Amendment Act, 1958. In this respect, the learned Advocate appearing on behalf of the City Bank submits that the Government invested 49% of the total capital of the City Bank and the officer serving in the said Bank may accordingly be treated a...... connection with the Rule stands vacated. Send a copy of the judgment to the Senior Special Judge, Cox's Bazar, immediately. Ed. This Case is also Reported in: 57 DLR (2005) 727. ......money of the Bank. Next, he submits that the petitioner was not a public servant to face trial in the Special Court but the learned Special Judge had illegally taken cognisance in the case beyond his jurisdiction. Further, it is submitted that the petitioner had already been dismissed from the bank ..Category: Banking Law, Criminal Law | Date: 12 Dec, 2004 | Hits: 1
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. ...... plots. In the view the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 237. ......uisition but whether the land has been allotted to the said purchaser on the basis of the said title deeds or for being the subsequent purchaser of the requisitioned land cannot be determined in this jurisdiction. Besides, Rajuk has the authority to allot plots to any other persons other than the af..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. ......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. ...... No.5 the writ-petitioner was required to move the Administrative Tribunal and that the redress so sought as regard the giving of current charge to the respondent No.5 is not available inline writ jurisdiction. 5. The Rule was also opposed by respondent No.4, i.e. Director General, Departme..Category: Employment/Service Law | Date: 4 Dec, 2004 | Hits: 5
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. ......appeal by leave. 3. In support of the appeal Mr. Anisul Huq, learned Advocate, submits, inter alia, that the appellant was unaware of the trial and, as such, the trial took place in his absence to his prejudice. 4. He further submits that under section 339B of the Code of......blication of notification in gazette as well as in a national daily but in the instant case no such notification was published in any national daily and, as such, the trial became illegal and without jurisdiction. The other grievance raised by the learned Advocate is that admittedly the appellant wa..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. ......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. ......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. ..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. ...... 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. ...... 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. ..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. ...... 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. ......tration agreement Where a party to an arbitration agreement initiates legal proceedings against other party in respect of any matter agreed to be referred to arbitration, the Court would have no jurisdiction to hear any legal proceeding save under the provision of this Act. The section is never..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.
......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.
......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.
..
Category: Anti-Corruption Laws, Criminal Law | Date: 10 Nov, 2004 | Hits: 8
Dr. Alauddin Ahmed Vs. Md. Idris Ali Bhuiyan and others, 2004, 33 CLC (AD)
....Returning Officer, Pakundia." 12. Similarly, in paragraph 8 the aforesaid averment was reiterated and in paragraph 16 the incident was elaborately mentioned as follows: "That the total number of voters of 26 Burudia High School Centre are2397. The respondent Nos. 2 and at t......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. ......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. ..Category: Election Law | Date: 30 Oct, 2004 | Hits: 142
Ain-o-Salish Kendra and others Vs. Bangladesh, 2004, 33 CLC (HCD)
....e’s Republic of Bangladesh. With this direction as above this application is disposed of. Mir Hashmat Ali J.- I agree. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 620. ......e’s Republic of Bangladesh. With this direction as above this application is disposed of. Mir Hashmat Ali J.- I agree. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 620. ......e’s Republic of Bangladesh. With this direction as above this application is disposed of. Mir Hashmat Ali J.- I agree. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 620. ..Category: Constitutional Law | Date: 20 Sep, 2004 | Hits: 176
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.......r XIX, Rule 1(1), (3) When there was no issue before the trial court nor the appellate court regarding waiver, the High Court Division was not required to give any finding in this respect in the absence of any specific averment to the contrary.................(15) The High Court Division w....... By sending the case on remand by making out a third case of waiver, the High Court Division practically set aside the concurrently findings of two Courts below which was not proper. In revisional jurisdiction the High Court Division cannot disturb the findings of fact arrived at by the final Cou..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. ......ding. (Banarasi Das Vs. Cane Commissioner, AIR 1963 SC 1417) Such written agreement vests the arbitrator or arbitrators with necessary jurisdiction to enter into the reference for arbitration. In the absence of such written agreement to refer any controversy to arbitration an arbitrator has got no j...... Act before the aforesaid Court for setting aside the award, which was registered as Title Suit No.130 of 1996. 12. In the application it is stated that entire arbitration proceeding was without jurisdiction, illegal and the award given therein a nullity and not binding upon the corporation sin..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.
....... Government action must be passed as per law and the law itself must be reasonable and fair with reference to some legitimate object to be achieved. Democratic formal Government demands equality and absence of arbitrariness and discrimination. There must be fairness in Government dealings based on ...... 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.
..
Category: Business or Commercial Law | Date: 17 Aug, 2004 | Hits: 2
Ashraful Alam Vs. Md. Moniruddin and ors, 2004, 33 CLC (HCD)
....viction. 18. D.W.2, Md. Zillur Rahman deposed that he knew the suit property and the parties. The suit property comprised of a big four-roof hut. Some shops were made by partition. There were in total five shops. The original owner possessed the shops through tenants. The suit shop is now '......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. ......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. ..Category: Property Law | Date: 17 Aug, 2004 | Hits: 2
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