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Abdul Mumin alias Tanu Miah Vs. Mahfujur Rahman and others, 2004, 33 CLC (AD)
....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.......amongst the heirs of Abdul Mogni and Abdul Gani. In the background of the aforesaid contention of the appellant it has been submitted by the learned Counsel for the pre-emptor-appellant that in the absence of a 'legal partition', that is partition by metes and bounds through a decree of a court,......is name recorded in khatian No. 450/2 and as such pre-emptor was not entitled to pre-empt the sale held on September 5, 1988. 5.Thereupon the pre-emptor moved the High Court Division in revisional jurisdiction. The High Court Division by common order, as stated herein above, rejected the revision..Category: Property Law | Date: 28 Jun, 2004 | Hits: 43
ACI Ltd Vs. Square Pharmaceuticals Ltd. and another, 2004, 33 CLC (HCD)
.... 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. ...... 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
.... suit. It may be mentioned at the first instance the trial Court passed an order of ad interim injunction on January 3, 2001.
2. The suit was filed seeking relief primarily for a decree of total amount of Taka 70,18,17,737 against the defendant Nos. 1 and 2 severally and/or jointly, for a......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.
......orced through Courts in Bangladesh making the same Rule of the Court in a manner similar to the enforcement of the judgment in the English Court, that in view of the provision of law the Court has no jurisdiction to entertain the suit, that the balance of convenience and inconvenience is in favour o..
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)
....e mortgage suit was issued several times at the address of the petitioner. Finally, the summons were published in the daily newspaper as per provisions of the Ain, 1990 and it is not true that he was totally unaware of the suit filed against him and his firm. As soon as the summons were published in...... 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. ......ll as in the Code of Civil Procedure. In support of his submission and on the proposition that the decree is an irregular decree in breach of the Rules of Procedure he has cited some decisions of our jurisdiction as well as of English jurisdiction. Reference may firstly be made to the case of Md. Ab..Category: Banking Law | Date: 14 Jun, 2004 | Hits: 310
AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)
....nt as under: (ix) Your seniority inter‑se among the officers" of your batch i.e. those who are appointed in terms of the condition (i), will be determined on the basis of merit evaluated on the total of the following: (a) Marks obtained in the competitive examination (b) Marks obtained......) but when the Government has decided to recruit further 60 persons in the said Cadre it could do so conforming to the general rules of seniority which is made to apply in the present rules‑ in the absence of any specific provision covering the situation mentioned therein. The officers recruited o......never meant for rehearing of the matter closed by a judgment but could be resorted to under exceptional circumstances Generally, a review will only be exercised consistently with the nature of review jurisdiction and with due regard to the principles that there must be an end of litigation. Law does..Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128
State Vs. Md. Delwar Hossain Faraji, 2004, 33 CLC (HCD)
....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. ......eath of wife while she is in custody of her husband a heavy onus lies upon the husband to account for the death of the wife and husband has to explain as to how his wife met with her death and in the absence of any explanation coming from the husband when the wife is killed in the house of the husba......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
....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.
......he plaint under section 28 of the said Act but the learned judge in disposing of the petition filed on behalf of the petitioners, failed to reject the plaint of the Bankruptcy Case in exercise of its jurisdiction under sub‑section 1(Ka) of section 28 of the said Act. He further submits that the le..
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)
.... 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. ......ions and of these sub‑sections, sub-section (2) is relevant for deciding the question involved in this appeal. Sub‑section (2) of section 46 is as under: (2) Any person aggrieved by the absence or omission from the register of any entry, or by any entry made in the register without suf...... 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
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. ...... badi adaloter asroye bortoman mokoddoma dayer korilen. 8. The High Court Division would have one justice to the plaintiffs while rejecting the plaint on the around of absence of cause of action had it read the paragraph 8 also, which reads as: ...... such, the same is not maintainable. 4. The trial Court rejected the said application for rejection of the plaint. Thereupon the respondents moved the High Court Division in revisional jurisdiction. 5. The High Court Division made the Rule absolute upon observing "We have..Category: Property Law | Date: 27 Apr, 2004 | Hits: 102
Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)
....ated June 25, 1988 3. The land originally belonged to Khan Bahadur Aman Ali and the R.S. Khatian No. 791/1 was prepared in his name. The pre-emptor by different kabalas of the years 1981 and 1982 in total purchased 1.80 acres of land from the heirs of Khan Bahadur Aman Ali and also from the co-shar......Court, then the Court is"bound to apply the same notwithstanding the misdescription of the cause title....." 15. The learned Counsel for the pre-emptee-Respondent has submitted that in the absence of duly verified application seeking amendment the Court is quite competent, as in the insta......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
Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)
.... 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: ...... 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: ....... The Constitution of Bangladesh, 1972, Article 102 (i) The rule that the Court will not entertain, a writ petition when the appropriate remedy is yet available is not a rule of law barring the jurisdictions of the Court. It is a rule by which the Court regulates the exercise of its own discre..Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175
Abdul Jabbar Vs. Md. Lokman Hossian, 2006, 35 CLC (AD)
.... 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. ...... parties the S.C.C. suit is not maintainable. As against the judgment and decree of the Court of S.C.C. Judge the successors in interest of the plaintiff moved the High Court Division in revisional jurisdiction. 5. It was the contention of the petitioners before the High Court Division that de..Category: Tenancy Law | Date: 21 Apr, 2004 | Hits: 69
Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)
....ned Arbitrator, entertained such statement of claims and entered into arbitration. 28. Claim No.1 is for Taka 63, 95,919 which was the amount after receipt of part bills of Taka 22,02,856 out of total contract value of Taka 85,98,775.50. Learned Arbitrator allowed the entire claim on the v......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. ......e Arbitrator, the respondent company submitted a statement of claims of Taka 2,21,61,674.99. The appellant opposed the claims by filing a written reply to the claims. They specifically challenged the jurisdiction of Mr. Abdul Wadud Chowdhury, J to arbitrate in view of the named Arbitrator in the Arb..Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3
Agrani Bank, rep. by the Chairman, BoD, & ors. Vs. Khandaker Badrudduza, 2004, 33 CLC (AD)
.... 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. ......dent submitted an application for the extension of his leave up to January 15, 1991. The respondent was served with the charge‑sheet on February 2, 1991 containing allegation of unauthorised absence and he was asked to show cause. The respondent showed cause and the same having been found ...... 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)
....as completed in. October 1998. The second contract was signed between the parties on 23rd March 1998 for the procurement of 75 pontoons and one tug boat at the same prices quoted in the 1995 bid. The total contract price of the second contract was US$ 29, 67,266 plus Taka 8, 44,76,843. On 22 January...... 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. ...... 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 with Mr. Abdur Razzaque, the learned Counsels for the ..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)
....sp; 6. It was the contention of the writ-respondent Nos. 1 and 2 that the words “biruddhe ovijog utthapito haoay” did not carry any stigma on the petitioner since there was total absence of allegation against the writ‑petitioner and the aforesaid words did also not ...... 6. It was the contention of the writ-respondent Nos. 1 and 2 that the words “biruddhe ovijog utthapito haoay” did not carry any stigma on the petitioner since there was total absence of allegation against the writ‑petitioner and the aforesaid words did also not cause ......inst any action detrimental to his reputation. The impugned Memo may be detrimental to the reputation of the petitioner. This Court under Article 102 of the Constitution is competent and within its jurisdiction to protect this right and pass any order for its protection under Article 102 of the C..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 201
Shakawat Hassan Vs. State, 2004, 33 CLC (HCD)
.... This Case is also Reported in: 57 DLR (2005) 244. ...... This Case is also Reported in: 57 DLR (2005) 244. ...... This Case is also Reported in: 57 DLR (2005) 244. ..Category: Criminal Law | Date: 4 Apr, 2004 | Hits: 1
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. ......und for quashing the same is of substance looking from the stand point of public policy but there may be case of exceptional nature where prosecution unnecessarily and without justification or in the absence of reasonable ground prolongs the termination of the case and the same tantamount to abuse o......ion of an offence enumerated in Act II of 1947 and in the Schedule of Anti-corruption Act, 1957 by an Assistant Inspector of the Bureau of Anti-corruption is neither illegal, nor irregular or without jurisdiction………………….(28) Cases Referred to- Md. Shamsuddin alias Lambu and oth..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. ......o add relevant section of the Druta Bichar Ain provided the allegations do attract any of the section of the aforesaid Ain and in so doing we do not think the Magistrate has, in any way, exceeded his jurisdiction having the effect of interference with the course of investigation, rather, he has left..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. ......ion 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 mitigating circ urn stances. 12. In the instant case, evidence of the ......thor of the causing injury over victim Khaled. Though Mr. Abdul Malek has taken exception to the word "author" pointing at the 'condemned prisoner' as a term unknown in the criminal jurisdiction but the evidence on record overwhelmingly go to show that the condemned prisoner Ersha..Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332
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