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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. ......on agreement very appointment 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 proceedi..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.
......shment of such undertaking was sanctioned.
Article 31 of the constitution of Bangladesh guarantees that a foreigner who for the time being is in Bangladesh has a right to enjoy the protection of law and to be treated in accordance with law. This Rule will apply to any company set up by registra..
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. ......ase is more probable and believable. 32. Lastly, even if it is accepted that plaintiffs entered into the shops when they were vacant and abandoned, the possession of such shops would continue in law to be of the real owner unless and until the defendant acquires title by adverse possession. ..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. ......n to defendant No.3 claiming that her husband Anisuddin Ahmed had no title or interest in the suit property. About one and half years before the certificate proceeding commenced, the plaintiff became lawful owner of the suit property. She also prayed for release of the suit property from the certifi..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. ......pplication of said Khurshed Alam the Waqf Administrator illegally cancelled earlier enlistment dated 23-5-93 and said that the disputed land was not enlisted as waqf and such decision cannot stand in law. 16. Mr. Mahmudul Islam challenged the locus standi of Mr. Harun‑ur‑Rashid to argue on ..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. ......ectively refusing to accord registration and licence to the fishing trawler of the petitioner named ‘FV Kohinoor‑1’ for deep sea fishing should not be declared to have been made without lawful authority and to be of no legal effect and why they should not be directed to grant registrat..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. ......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. ..Category: Criminal Law | Date: 10 Aug, 2004 | Hits: 84
....rculate the judgment to all banks for guidance.
Parties are directed to bear their own cost.
Send down the records at once.
Ed.
This Case is also Reported in: 57 DLR (2005) 643.
......consideration would have no legal effect. When such filling in of said necessary gaps/blanks to make the documents complete is proved such documents would be excluded from consideration by a Court of law.
Cases Referred to-
Sultana Jute Mills Ltd. Vs. Agrani Bank, 46 DLR (AD) 174; Shippin..
Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4
SM Salim Vs. Chairman, Chittagong Club Ltd. and others, 2005, 34 CLC (AD)
....eads to support the allegation of the first party that the termination was, in fact, a victimisation for his trade union activities. These petitions are accordingly dismissed. Ed. ......nd order dated 17‑4‑2000. 5. Mr. Abdur Rob Chowdhury, the learned Counsel appearing for the petitioner, submits that the learned Judges of the High Court Division erred in law in not considering that the termination, in fact, was dismissal under the garb of termination, ..Category: Employment/Service Law | Date: 1 Aug, 2004 | Hits: 100
State Vs. Md. Amir Hamza, 2004, 33 CLC (AD)
....the discussion made above we do not find any substance in the leave petition. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 26. ......l been assigned for withdrawal of the case not to speak of offering any cogent reason and that the trial Court as well as the High Court Division after considering the facts and circumstances and the law on the point passed the impugned judgment. 7. We have considered the submissions made at t..Category: Criminal Law | Date: 31 Jul, 2004 | Hits: 115
Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)
....ellant. If no deposit is made within that period the appeal stands dismissed. Let the lower Courts records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 310. ...... sale deed within 30 days from the date of the delivery of judgment. 5. Being aggrieved, appellant preferred this appeal on the ground that the impugned judgment and decree is not sustainable in law. That the learned Subordinate Judge failed to consider the bainapatra, (Exhibit 1) and to determ..Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....he trial Court from the appellate Court back on remand and the learned trial Court returned the plaint to the plaintiff for filling it before an appropriate Court and the plaintiff has re-filed it by amending the plaint in the Court of the Subordinate Judge. Thakurgaon and the suit has been register......onal right to be protected against wrongdoers. It confers a qualified right to possess, a right in the nature of property which is valid against everybody who cannot show a prior or better right. The law under such circumstances assists not only the possessor himself but also those who stand in the ..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
Chairman, RAJUK Vs. MN Alam and Associates Limited, 2004, 33 CLC (HCD)
....f stay granted at the time of issue of the Rule on 4‑9‑02 is recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 626. ......rbitration Act has made the provisions of the Code of Civil Procedure applicable to all proceedings before the Court and to all appeals under the Act subject however, to the provisions of the Act and law made there to. 22. Section 2(9) of the Code of Civil Procedure defines ‘judgment&rsqu..Category: Arbitration Law | Date: 27 Jul, 2004 | Hits: 8
MM Ishak Vs. State and another, 2004, 33 CLC (HCD)
.... Nari‑o‑Shishu Nirjatan Daman Tribunal No. 4, Dhaka, is hereby quashed. Communicate this judgment to the concerned Tribunal at once. Ed. This Case is also Reported in: 56 DLR (2004) 516. ......as the Ain) pending in Nari‑o‑Shishu Nirjatan Daman Tribunal No. 4, Dhaka (hereinafter referred as the Tribunal) shall not be quashed. As the subject matter of both the Rules and the questions of law and facts involved therein are same, the Rules have been heard together and are being disposed o..Category: Women and Children | Date: 25 Jul, 2004 | Hits: 156
Rajdhani Unnayan Kartipakhya (RAJUK) Vs. Jahanara Begum & others, 2004, 33 CLC (AD)
....UK would make allotment to the writ petitioner, otherwise not. The direction of the High Court Division is modified as above. The petition is disposed of. Ed. This Case is also Reported in:......ot to allot plots to the persons who have filed application(s) claiming to be the affected persons being violative of policy decision of the Government and the RAJUK is illegal and not sustainable in law. 6. It was submitted on behalf of the RAJUK that clause in the notification stipulating acce..Category: Property Law | Date: 21 Jul, 2004 | Hits: 133
Abdul Malek Sawdagar Vs. Md. Mahbubey Alam and others, 2004, 33 CLC (AD)
....rts concerned, which would independently dispose of the same on the materials, evidence in the suit and in accordance with law. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 18. ......Court Division in appeal and upon hearing the same the appeal was allowed setting aside the order of trial Court rejecting the plaint and directing the trial Court to hear the suit in accordance with law. 5. Leave was granted to consider the submissions for the learned Counsel appearing for th..Category: Civil Law | Date: 20 Jul, 2004 | Hits: 160
....ion the Rule is discharged.
Sent down the Lower Court Records along with a copy of this judgment to the concerned court at once.
Ed.
This Case is also Reported in: 57 DLR (2005) 603.
......tisfied. Since all the provisions of those sections are found to have been complied with and the accused petitioner has not also denied the same, I find it needless to discuss all those provisions of law and its compliance again.
16. In fact, in the instant case, the learned Advocate for the pe..
Category: Banking Law, Criminal Law | Date: 19 Jul, 2004 | Hits: 3
M. A. Mazid and another Vs. The Chairman, Chittagong Port Authority and others, 2006, 35 CLC (AD)
....equires adjudication of factual aspect by evidence" in the impugned judgment is hereby expunged. With above expunction of the redundant observation, this petition is dismissed. Ed. ......dent No. 4 preferring a bill of Tk. 1,68,00854.48 for VAT as charge and sell charges in respect of the delivery of vessel M.V. Blue North (Annexure A) should not be declared to have been made without lawful authority and of no legal effect and why a direction should not be issued to the Chittagong P..Category: Fiscal/Taxation Law | Date: 18 Jul, 2004 | Hits: 109
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
....r alia. "In view of what has been discussed above we hold that the impugned sale-deed which has been held void by the Court because of fraud need not be cancelled and that the direction for amending the plaint for the purpose of cancellation of the document is unnecessary." ....... 13. Lastly, he submitted that trial Court having committed no error in restoring the possession to the plaintiff who was dispossessed in the course of the suit and the appellate Court erred in law in directing restitution without deciding the issues. He cited in support, Abdul Jalil Munshi an..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....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. ......levant issues of facts that normally crop up as pertinent questions in a case of benami transaction and not a single issue in isolation and also the submission that the High Court Division erred in law in holding that the learned Subordinate Judge (now Joint District Judge), was not aware of the..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
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