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Islami Bank Bangladesh Ltd. Vs. Sub-Judge and Additional Artha Rin Adalat & others, 2003, 32 CLC (AD
....ting pawnor is provided in section 176 of the Contract Act and the same reads as: Section 176: “If the pawnor makes default in payment of the debt, or performance, at the stipulated time of the promise, in respect of which the goods were pledged, the pawnee may bring a suit against...... allowed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 121. ..Category: Business or Commercial Law | Date: 28 Jan, 2003 | Hits: 112
Abdur Rashid (Md) Vs. LGRD and Cooperatives, Local Government Division and others, 2003, 32 CLC (AD)
....nd, as such, the order of stay is seriously hampering functions of the Pourashava. The High Court Division after hearing the learned Advocate for the parties has vacated the order of stay made at the time of issuance of the Rule. 4. The learned Counsel for the petiti...... Accordingly, the petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 72. ..Category: Others | Date: 27 Jan, 2003 | Hits: 89
Category: Fiscal/Taxation Law | Date: 26 Jan, 2003 | Hits: 114
Alfazuddin Ahmed Vs. Abdur Rahman and others, 2003, 32 CLC (AD).
....he office of Circle Officer (Revenue) Kotwali, Dhaka and thus ceased to be the co‑sharer. It was also the contention of the pre‑emptee that pre-emptors were aware of the transfer from the time of sale and that the land sought to be pre‑empted being recorded as nishkar, section 24 o......emption case is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 108. ..Category: Property Law | Date: 21 Jan, 2003 | Hits: 81
Pannu Mollah & anr. Vs. State, 2004, 33 CLC (AD)
.... The arms and ammunitions having been recovered from possession of the arrested persons who disclosed the names of the accused-appellants and the appellants being not present at the time of recovery they can not be held to be in possession of any arms………&hellip......ssed in Special Tribunal Case No. 100 of 1996 is quashed insofar as the same relates to the appellants. The appellants are set at liberty if not wanted in any other connection. Ed. ..Category: Criminal Law | Date: 3 Jan, 2003 | Hits: 84
Captain (Rtd.) Nurul Huda Vs. State, 2003, 32 CLC (AD).
.... of 2000 on an application filed by another co‑accused and there is no chance of early disposal of the said Revision inasmuch as the trial of the case being not concluded within the specified time of 360 days from the date on which the case was received for trial the appellant may not be ke......ed in connection with any other case. In the result this appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 691. ..Category: Criminal Law | Date: 1 Dec, 2002 | Hits: 123
Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).
.... November 25, 2002. Onus of proof Onus of proof in a civil litigation generally lies on the plaintiff but sometimes it is split between the parties and sometimes it is shifted on the defendant as well accordi......ils and is dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 115. ..Category: Property Law | Date: 25 Nov, 2002 | Hits: 87
Zyta Garments Ltd. Vs. Union Bank Ltd. and another, 2003, 32 CLC (AD).
....hat the LCs were actually established by it with the defendant National Bank Ltd. in favour of ENAR (Pvt) Ltd. Karachi, Pakistan, for supply of fabrics but the supplier failed to supply fabrics on time and when supplied, it supplied inferior quality fabrics. It apprehends that if a decree is pas......ary and proper party to be added in the suit and find no illegality or infirmity in its judgement calling for our interference. The leave petition is dismissed. Ed. ..Category: Civil Law | Date: 19 Nov, 2002 | Hits: 169
Tarak Chandra Majhi Vs. Atahar Ali Howlader and others, 2002, 31 CLC (AD)
....d the order of the Additional Deputy Commissioner, Pirojpur and the Upazila Revenue Officer, Bhandaria, Pirojpur. 3. The plaintiff filed the suit contending primarily that at no point of time between him and the defendant No. 1 there was any agreement for reconveyance of the land and th...... judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 481; 8 MLR (AD) 209, 8 BLC (AD) 67. ..Category: Evidence Law | Date: 18 Nov, 2002 | Hits: 74
Asalat Zaman (Md) and others Vs. Government of Bangladesh and others, 2003, 32 CLC (AD).
....e. Mr. Ozair Farooq, the learned Counsel for the appellant, has however, submitted that the bank rate is the rate which the Bangladesh Bank being the regulatory bank of all the banks, may direct from time to time under Article 21(3) of the Bangladesh Bank (Nationalisation) Order, 1972 (President's O......as aforesaid with interest at the bank rate till realisation. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 139. ..Category: Alternative Dispute Resolution | Date: 17 Nov, 2002 | Hits: 223
DC of Dhaka & ors Vs. Aziz Cooperative Housing Society Ltd. & ors, 2006, 35 CLC (AD)
....rivacy of female hostel of the Academy which is located very close to the land in question that specific purpose of the acquisition would be placed before the Central Land Allocation committee at the time of obtaining final approval and as such the Ministry of land has accorded the approval for acqu......d under section 3 of the Ordinance for acquisition of 0.1700 acre of land have been issued without lawful authority and is of no legal effect. Accordingly the petition is dismissed. Ed. ..Category: Property Law | Date: 16 Nov, 2002 | Hits: 72
Chair, Board of Inter. & Secn. Edn., Jessore and ors. Vs. Md. Amir Hossain & anr., 2004, 33 CLC (AD)
....he year no student of class IX will be transferred from any school and after 31st August of the year no student of class XI will be transferred to any other College but the same was not circulated in time by the writ petitioner. In the meantime, the writ petitioner was served with another order date......n of the principle of natural justice. 7. Thus, the submission of the learned Advocate for the petitioners merits no consideration. The petition is dismissed. Ed. ..Category: Constitutional Law | Date: 12 Nov, 2002 | Hits: 322
Taiyaba Zaman Vs. Gias Uddin Ahmed and others, 2002, 31 CLC (HCD)
.... land with the same relief, ie for permanent injunction. One suit was numbered as Title Suit No.210 of 1981, another was numbered as Title Suit No.188 of 1982 and both the suits proceeded at the same time and in both the suits the cause of action was same. The first suit having been dismissed the se...... suit is accordingly, dismissed, however without any order as to cost. The order of stay granted earlier stands vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 523. ..Category: Tenancy Law | Date: 6 Nov, 2002 | Hits: 198
Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)
....ts eventually settled for cash of Taka 5.60 lac and transferred their shares to appellant Nos. 3 and 5 and resigned from the Directorship oil 31‑ 12-1986 upon receipt of the amount in cash. At that time they executed two instruments of transfer of shares in favour of appellant Nos. 3 and 5 and two......ge of the High Court Division and accordingly, affirm the impugned judgment and order. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208
Government of Bangladesh and another Vs. MA Khair Bhuiyan, 2003, 32 CLC (AD).
....inion 17/1999‑1121 dated 43‑1999 after examining the records clearly expressing its opinion that no fruitful result will be available, if the appeal is filed, rather it is wastage of time and money. So, the withdrawal for non-prosecution of appeal signed by the then Secretary, ......e appeal in accordance with law. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 76. ..Category: Civil Law | Date: 4 Nov, 2002 | Hits: 152
Hashibul Bashar Vs. Gulzar Rahman and anr., 2004, 33 CLC (AD)
....ques totaling Taka 30,77,000 on different dates for repayment of the loan amount in favour of Md Anwarul Islam. The Attorney of Md Anwarul Islam presented the said cheques for encashment at different times spreading over a period of 6 months, but every time the said cheques were dishonoured since th......tiable Instruments Act. 10. In the background of the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: 28 Oct, 2002 | Hits: 326
Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).
....signed between the Government of Bangladesh and Mr. AS Mahmud, in violation of Tender notice. A company under the name and style of Ekushey Television Ltd had already come into existence by the time the agreement was signed. After signing the agreement with the Government, Mr. AS Mahmud transf......2002. Our judgment will have no bearing in considering the application by Ekushey for licence by the said Commission which is free to decide in accordance with law. Ed. ..Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190
Secretary, Ministry of Works and another Vs. Md. Yusuf Ali Khan and others, 2002, 31 CLC (AD)
....ale and accepted further sum of Tk. 20,000/- (Taka twenty thousand) from the plaintiff respondent on 19.12.1975 against receipt singed by her on the back of the agreement for sale. In course of time she took another sum of Tk. 15,000/- (Taka fifteen thousand) from the plaintiff respondent ......scussion we lo not fined any substance for allowing the appeal. The appeal is dismissed without any order of costs Ed. This Case is also Reported in: 1 ADC (2004) 312. ..Category: Contract Law | Date: 21 Aug, 2002 | Hits: 1110
Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation & others, 2002, 31 CLC (AD)
....commences legal proceedings against any other party agreement or any person claiming under him in respect of any matter agreed to be refer arbitration, any party to such legal proceedings may, at any time before filing a written statement, apply to the Court before which the proceedings are pending ......impugned judgment and do not find any illegality or infirmity with impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) 23. ..Category: Alternative Dispute Resolution | Date: 20 Aug, 2002 | Hits: 280
Bux Shipping Line Vs. Bangladesh Water Development Board & others, 2002, 31 CLC (AD)
....award did not allow interest on the awarded amount either from the date of making of the award or from the date of making the award till realization of the awarded amount, though the umpire at the time of making the award allowed interest on the awarded amount at the Bank rate of the Sonali Bank......alization thereof. The review petition has no merit. Accordingly the same is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 476...Category: Alternative Dispute Resolution | Date: 18 Aug, 2002 | Hits: 217