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Dr. Alauddin Ahmed Vs. Md. Idris Ali Bhuiyan and others, 2004, 33 CLC (AD)
....dgment October 30, 2004. The Representation of People’s Order, 1972 (P.O. 155 of 1972), Article 31 The Election Tribunal is competent to call for election materials to see whether provisions of Article 31 of the Order has been violated or not. In order to maintain the...... and 16 of the application under Article 49 of the Order laid down the foundation for the allegations mentioned in the application for calling for the records and there is no necessity to mention the law i.e. Article 31 of the Order. 9. He further submits that the case of the respondent is no..Category: Election Law | Date: 30 Oct, 2004 | Hits: 142
Firoz Chokder Vs. State, 2004, 33 CLC (HCD)
....titioner submits that the trial was held in absentia. Proclamation was not published in the widely circulated paper but it was made in the daily Chandpur Kantha and daily Bhorer Dak. The mandatory provision of law is that the publication must be in the widely circulated papers. It has not been d......its that the trial was held in absentia. Proclamation was not published in the widely circulated paper but it was made in the daily Chandpur Kantha and daily Bhorer Dak. The mandatory provision of law is that the publication must be in the widely circulated papers. It has not been done and such ..Category: Women and Children | Date: 27 Oct, 2004 | Hits: 7
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
.... 2004.
Result:
The Rule is made absolute.
Providence of fair and equitable treatment to foreign private investment which shall enjoy full protection and security in Bangladesh
The provisions lie in Sections 4 and 5 of the Foreign Private Investment (Promotion and Protection) Act,......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)
....ence the impugned orders of refusal vide Annexure-D and D-1 to the writ petition to grant registration and licence to the aforesaid Trawler of the petitioner is, apart from being contrary to the provisions of the aforesaid Ordinance and Rules, also violative of the fundamental rights of the pet......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)
....n which he was said to have committed offence of misappropriation, criminal breach of trust, forgery, etc was a Manager of a Nationalised Bank and, as such, previous sanction of the Government as per provision of section 6(5) of the Criminal Law Amendment Act, 1958 was necessary, but without obtaini......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
....bank has been made simplified more than a century back by promulgation of the Bankers Books Evidence Act, 1891 (Act No.XVIII of 1891)
30. Section 4 of the Act provides,
"Subject to the provision of this Act, a certified copy of any entry in a bankers book shall in all legal proceeding......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)
.... Employment of Labour (Standing Order) Act, 1965 bars all or any complaints against the order of termination under section 19 even then the worker is authorised to claim relief available as per the provisions if such worker is terminated due to his trade union activities or if he is deprived of ......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)
.... (b) if it is made after a charge has been framed, or when under this Code no charge is required, he shall be acquitted in respect of such offence or offences." 8. On perusal of the aforesaid provision of law it appears that in order to withdraw any accused from prosecution the consent of th......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)
....hts and obligations thereunder. That the bainapatra was not executed in between the plaintiffs and the appellant and there was no power of attorney to execute the same on their behalf. In view of the provisions of section 27 of the Specific Relief Act plaintiffs not being party to the agreement or p...... 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)
....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. ......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)
....ks and submission of all parties to an agreement may agree that any maps and reports would be eight months from reference thereunder shall be to an arbitrator or signing of the agreement. None of the provisions of arbitrators to be appointed by a person designated the contract indicates any intentio......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)
....he High Court Division erred in setting aside the order of the trial Court rejecting the plaint. The learned Advocate further submits in view of the decree passed in SA No. 119 of 19337 read with the provisions of section 50 of the Waqf Ordinance, 1962, no suit could be instituted under section 64 o......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
....yment of the said amount of money to the payee within 15 days from the receipt of the notice….(20)
The words "refer to drawer" is based on a purely literal interpretation of the provision of section 138. It totally failed to take into account the entire scheme of section 138 re......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)
....learned Counsel further submitted that the High Court Division failed to appreciate that the demand having been made manifestly without lawful authority inasmuch as the Ordinance does not contain any provision to charge by any private owners such as KAFCO or CUFL of any Port dues as made in the pres......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
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