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....n view of the discussions made above we do not find any substance in this petition.
The leave petition, accordingly, is dismissed.
Ed.
This Case is also Reported in: 10 BLC (AD) (2005) 39.
......n view of the discussions made above we do not find any substance in this petition.
The leave petition, accordingly, is dismissed.
Ed.
This Case is also Reported in: 10 BLC (AD) (2005) 39.
......s own wrong to the prejudice of other. In the instant case however we do not find that there was any wrong in allowing the prayer of the writ respondent extending the time of payment of salami in the facts and circumstances. We further find that the writ petitioner complying with the direction for m..
Category: Property Law | Date: 4 Dec, 2004 | Hits: 82
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. ...... 3. Mr. Md. Moksadul Islam, learned Advocate appearing on behalf of the owner of the vessel, defendant No.3 petitioner, submits that the petitioner did not receive the notice of the Admiralty Suit in question. He came to know recently about the ex parte decree and took steps to this petition for res...... set aside the ex parte decree. In such a case, question of knowledge is not at all relevant and ex parte decree will be set aside even if the defendant had knowledge of institution of a suit. In the facts of the instant case, I am satisfied that the petitioner who was defendant No.3, was not served..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. ......nd order dated 21‑9‑2000 passed by the First Court of Settlement in Case No.92 of 1988 (Ka 280 Block-D, Mohammadpur, Dhaka) is set aside. The respondents are directed to exclude the house in question from the "Ka" list of the abandoned buildings within 2 months from the date of re......ettlement case No.92/88(Ka‑Block‑D, Mohammadpur) to exclude the said house property from the "Ka" list of abandoned property. The Court of Settlement, subsequently on misconstruction of facts and law in the matter rejected the case of the petitioner refusing to exclude the same from th..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. ......Code of Civil Procedure against an order dated 28‑7‑03 passed by Joint District Judge, Court No.1 at Dhaka in Money Suit No.10 of 2003, which stayed further proceedings of the suit. 2. Short facts for disposal of the Rule are that the plaintiff, Civil. Engineering Co instituted the suit aga..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.
......ment in exercise of its discretion rightly withheld sanction for trial of the respondent Nos.5 and 6, the impugned order withholding sanction was passed in accordance with law and is not liable to be questioned by the petitioner.
5. Mr. Mahbubur Rahman, appearing for the Petitioner, contends th......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
Haider Ali and ors. Vs. State, 2004, 33 CLC (AD)
....those who came to the place of occurrence to rescue the victim. In view of our above discussion we fined no substance in this appeal and accordingly it is dismissed. Ed. ......ach on them to suffer imprisonment for life and to pay a fine of Taka. 5,000 (five thousand) in default to suffer further imprisonment for two years. 2. Leave was granted to consider the question whether the High Court Division acted illegally in convicting all the accused under section......those who came to the place of occurrence to rescue the victim. In view of our above discussion we fined no substance in this appeal and accordingly it is dismissed. Ed. ..Category: Criminal Law | Date: 4 Nov, 2004 | Hits: 102
Dr. Alauddin Ahmed Vs. Md. Idris Ali Bhuiyan and others, 2004, 33 CLC (AD)
....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. ......iled after inordinate delay inasmuch as the parties adduced evidence and argument was also heard from both the parties. Referring to the application of the respondent No. 1 to call for the records in question, Mr. Rokonuddin Mahmud has drawn our attention towards the last portion of the prayer where......wing partly an application filed by the Election Petitioner directing the Returning Officer and Deputy Commissioner, Kishorganj to send the documents in the schedule of the application. 2. The facts leading to the appeal are that, the respondent No.1 filed Election Petition No. 2 of 2001 befo..Category: Election Law | Date: 30 Oct, 2004 | Hits: 142
Firoz Chokder Vs. State, 2004, 33 CLC (HCD)
....oksedpur District-Gopalgonj be set at liberty if not wanted in any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 85. ......oksedpur District-Gopalgonj be set at liberty if not wanted in any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 85. ......s that the petition of complaint was lodged after 2½ months and there was a marriage and the doctor found that there was no sign of rape and she is habituated with sexual intercourse. Under these facts and circumstance we find reason to interfere into the Judgment and order of conviction dated ..Category: Women and Children | Date: 27 Oct, 2004 | Hits: 7
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. ......n 20-9-2004 at 11-00 AM and accordingly, the accused having been produced before this Court, we made some queries directly from him and we have seen him in prison before us. 4. It appears from the facts and circumstances and materials placed before us that accused Partha had already been taken on..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.......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.......peal by leave is directed against the judgment and order dated 9‑4-2002 passed by a Single Bench of the High Court Division in Civil Revision No. 4959 of 1999 making the Rule absolute. 2. Short facts are that the pre‑emptor filed Miscellaneous Case No.180 of 1982 in the 2nd Court of Assistan..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. ...... sensitivity to such objection. Such indifference and insensitivity on the part of an arbitrator and of the Court tends; to make the century‑old system of resolution of disputes through arbitration questionable and unreliable. 40. Regarding issue No. ‘c’, we find that rule II of t...... 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. ..Category: Arbitration Law | Date: 18 Aug, 2004 | Hits: 8
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. ......sing the suit property for more than 12 years without any obstruction and thereby, they acquired title by adverse possession. Upon such view, learned Subordinate Judge decreed the suit. 23. Only question facing us is, whether the learned Subordinate Judge was justified in decreeing the suit and......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
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. ......e decision of the Waqf Administrator that the disputed land of CS plot No.609 was not a waqf. 10. Descendants of said Waqif Tafazzal Ali Chowdhury are still fighting in different groups over the question as to whether disputed land measuring 3.26 acres of CS plot No.609 appertaining to CS khati...... affirmed the decision of the Waqf Administrator dated 12‑3‑97. 3. Against the same order, Motahar Hossain Choudhury as Mutawalli presented the appeal. The proceedings arise out of following facts and circumstances. 4. One Tofazzal Ali Choudhury created a waqf of 59.945 acres of land a..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. ......t No.4 also by the impugned letter dated 6‑8‑2003 refused to grant licence to the petitioner's Trawler on similar ground. 4. it is also stated that since the Trawler of the petitioner in question is of wooden body it is liable to become totally unfit for deep-sea fishing if the Trawler ......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. ..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. ......ed Counsel in support of his aforesaid contention has referred to the case of Md. Shamsuddin vs. State and others reported in 40 DLR (AD) 69. The fact of the reported case is distinguishable from the facts of the instant case and, as such, the view expressed by this Division there in the background ..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.
......s no separate appeal was presented by plaintiff bank against the decree allowing counter‑claim, that decree for counter‑claim must be held to be concluded and binding upon the bank.
23. Main question facing us is, whether learned Subordinate Judge was justified in dismissing both suits and ......ld archaic and cryptic wordings, coverage and language. Documents should be short, precise and to the point. It is therefore, not only necessary to select the right type of documents according to the facts and circumstances of each case but also to guard against any addition and alteration which sho..
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. ......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. ......st by observing the formalities but subsequently proceeded to terminate the petitioner without any stigma or charge and there is hardly any scope to go behind the letter of termination in the given facts to see the real purpose of termination. No material other than the said altercation with one ..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. ......rocedure, 1898 (V of 1898), Section 494 To give consent or not for withdrawal of an accused from prosecution is a discretion of the Court. Exercise of such discretion cannot ordinarily be questioned. Of course, the discretion must be shown to have been exercised judicially. S...... Revision No. 980 of 2003 seeks leave to appeal against the judgment and order dated 26‑5‑2004 passed by a Division Bench of the High Court Division in the aforesaid Criminal Revision. 2. The facts, in brief, leading to the leave petition are that the respondent lodged a First Information Re..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. ......ed Subordinate Judge erred in law in passing the impugned judgment and decree. That the learned trial Court failed to consider the written statements of the appellant and erred in law to consider the question of hardship in performing the contract. In view of the provision of section 22(ii) of the S......en statements of the appellant and erred in law to consider the question of hardship in performing the contract. In view of the provision of section 22(ii) of the Specific Relief Act, 1877 and on the facts and circumstances of the case and the reliance placed on the verbal promise of the father of t..Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....t No.5 of 1985 is hereby upheld. Send down the lower Court's Record at once. Ed. This Case is also Reported in: 57 DLR (2005) 702. ......the Government in the year 1969 in Case No.19 (Non Agricultural land) of 1969‑1970. The case was heard on 9‑5‑1974 and it was dismissed on the same day on finding that the suit property in question was not Enemy Property. 7. The defendant No.1 of the present suit, Nurul Haque, though......ther dispossessed nor discontinued the possession because a third person has taken away the possession. But whether such a possession constitutes an adverse possession, is a mixed question of law and facts. In a case of acquiring title by adverse possession, the possessor has to remain in an un..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
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