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Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
....f the trial Court restored. The suit is decreed as prayed for. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 774. ....... 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
Mukul Vs. State, 2004, 33 CLC (AD)
....hellip;..Respondent Judgment July 10, 2004. The Supreme Court of Bangladesh (Appellate Division) Rules, 1988 Rule I Order XXVI in Part IV This provision provides for review of criminal proceedings “ on the ground of an error apparent on......ust be one which is apparent on the face of the record, that is, it must be so manifest, so clear that no Court could permit such an error to remain on the record. It may be an error of fact or of law, but it must be an error which is self‑evident and floating on the surface, and does not ..Category: Criminal Law | Date: 10 Jul, 2004 | Hits: 100
Oriental Bank Ltd. Vs. Rina Alam and another, 2004, 33 CLC (AD)
....f the loan, the subject-matter of Artha Rin Adalat Suit No.147 of 1992. 11. Dr. Kamal Hossain has referred to a decision in the case reported in AIR 1965 SC 1153 wherein it has been held that the provisions of section 11 of the Code of Civil Procedure are not exhaustive with respect to the earl......Lines Ltd. and Transbangla Shipping Company of one Shawkat Ali. On 17‑11-1988 both the loans were adjusted. Meanwhile, a loan in the name of Pan Asia Lines was sought for by her brother‑in‑law (Bhasur) Mr. AB Siddiq but the said loan was not materialised. The plaintiff respondent then so..Category: Civil Law | Date: 5 Jul, 2004 | Hits: 171
Roquib Mohammad Fakrul alias Rocky Vs. Md. Abdul Kashem & ors., 2004, 33 CLC (AD)
.... not find any error of law in the said judgment. For the reasons mentioned above, the appeal appears to be bereft of any sustenance. The appeal is, therefore, dismissed. Ed. ......unshiganj the case is required to be tried in the jurisdiction of Munshiganj and that no cogent ground having been stated to justify the transfer, the impugned order of transfer has caused error of law. 4. Mr. TH Khan learned Senior Advocate, appearing on behalf of the responde..Category: Criminal Law | Date: 30 Jun, 2004 | Hits: 80
Hafez Abdus Salam Vs. Syed Fazlul Quader and another, 2004, 33 CLC (HCD)
.... accept the deficit court fees and admit the appeal after setting aside its order rejecting the memorandum of appeal. As expected, such power could only be exercised within the periphery of the above provisions of law……..(25) Cases Referred to- Suraj Pal Pandey and others Vs.......ficit court fees and admit the appeal after setting aside its order rejecting the memorandum of appeal. As expected, such power could only be exercised within the periphery of the above provisions of law……..(25) Cases Referred to- Suraj Pal Pandey and others Vs. Uttim Pandey ..Category: Civil Law | Date: 29 Jun, 2004 | Hits: 3
Rajshahi Development Authority Vs. Sultan Ahmed, Advocate and others, 2005, 34 CLC (AD)
.... Judgment June 29, 2004. Acquisition and Requisition of Immovable Property Ordinance, 1982, Section 47 Application of the provision of the Ordinance when the property was acquired under the Act- Sectio......d Ordinance in the instant proceeding drawn under the said Act for payment of full compensation money at the present market rate and as such application of the said provision is not sustainable in law………………………………&..Category: Constitutional Law | Date: 29 Jun, 2004 | Hits: 232
Abdul Mumin alias Tanu Miah Vs. Mahfujur Rahman and others, 2004, 33 CLC (AD)
....ion of jama or sub division of the holding as contemplated by section 117(c) of the State Acquisition and Tenancy Act,rather the same were up dating of the record of right i.e. khatian No. 450 as per provision of Section 143 of the State Acquisition and Tenancy Act, 1950.The learned Counsel continue...... at the instance of the pre-emptor, the pre-emptor ceased to be a co-sharer in the holding in question". 6. Leave was granted to consider the submissions that the High Court Division erred in law in affirming the judgment of the appellate Court which was passed upon reversing the judgment of..Category: Property Law | Date: 28 Jun, 2004 | Hits: 43
....e enforced in Bangladesh and that the award can be registered as a judgment of Singapore High Court and that. will create a debt at common law which can be enforced by the Courts in Bangladesh as per provision of section 19 of Singapore International Arbitration Act, 1995, alternatively, the award c...... 2004.
Result:
The petition is dismissed.
The Code of Civil Procedure, 1908 (V of 1908), Order XXXIX rules 1 & 2
The Arbitration Act, 1940, Sections 3(1)(4)
The law as in sections 3(1) and 3(4) of the Act barring the Court from granting an order of injunction i..
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)
....nk filed the Mortgage Suit No.26 of 2001. The summons in the 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......4 of the Constitution and why the ex parte decree dated 12‑6‑02 passed in Mortgage Suit No.26 of 2001 (Annexure‑F to the petition) should not be declared to have been passed or made without any lawful authority and is of no legal effect. 2. The facts as stated in the petition briefly, are t..Category: Banking Law | Date: 14 Jun, 2004 | Hits: 310
Govt. of BD rep. by DC Vs. Anwara Huq & ors., 2004, 33 CLC (AD)
....y relying upon what has been called, "the rule of beneficial construction". 4. From the materials on record it appears that the land of the respondents was acquired under the provision of the Emergency Requisition of Property), Act, 1948. In the said Act in section 2(III) ...... 0 f structures, tank, excavation of tank, house rent, fruits, fish, etc. other than the land although the Arbitrator ought to have allowed statutory compensation in respect of the land only as the law provides 15% statutory compensation in respect of the land alone. The High Court Division reje..Category: Property Law | Date: 25 May, 2004 | Hits: 121
AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)
....45 of the Appellate Division Rules and paramount power is specifically exercised to do complete justice of great public importance but where there is no error apparent on the face of the record or no provision of law was left unnoticed in the impugned judgement there is no scope of review……….(......ellate Division Rules and paramount power is specifically exercised to do complete justice of great public importance but where there is no error apparent on the face of the record or no provision of law was left unnoticed in the impugned judgement there is no scope of review……….(30). Case..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. ......ing crime had been committed in the house of husband Md. Delwar Hossain Faraji on 19‑8‑1996 at village Telikhali, Police Station Bandaria, District Pirojpur. 2. Following commission of crime law was set on roll on lodgment of First Information Report by Sheta Nath Mollik, Sub-Inspector of P..Category: Criminal Law | Date: 18 May, 2004 | Hits: 3
....llip;……Respondents
Judgment
May 10, 2004.
Result:
The Rule is discharged.
The Bankruptcy Act 1997 (Act X of 1997) is a special law, was enacted in order to make provisions relating to bankruptcy.
Section 28 empowers the court to dismiss the plaint even be......ong and another……………Respondents
Judgment
May 10, 2004.
Result:
The Rule is discharged.
The Bankruptcy Act 1997 (Act X of 1997) is a special law, was enacted in order to make provisions relating to bankruptcy.
Section 28 empowers the c..
Category: Banking Law, Corporate Law | Date: 10 May, 2004 | Hits: 9
Sultan Miah (Md) Vs. Kazi Abu Siddique and others, 2005, 34 CLC (AD)
....ned. Judgment of the, High Court Division causing failure of justice in making the Rule absolute. Therefore, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......sp; Judgment May 8, 2004. The Code of Civil Procedure, 1908 (V of 1908) Section 115 The High Court Division committed no error of law in confirming judgement and decree of the trial court at the same time setting aside the judgem..Category: Civil Law | Date: 8 May, 2004 | Hits: 825
Asadul Hoque, Trading as Samrat Shoe Vs. Registrar of Trade Marks & another, 2004, 33 CLC (HCD)
....er assigned the trade mark in question to the appellant nor entered into any agreement with any person including the appellant to transfer the proprietorship of the trade mark he could not invoke the provision of section 46(2) of the Act. He further submits that the Act having not provided for any s...... Sheikh, the learned Advocate appearing for the appellant, submits that as the name of the present appellant was entered in the register of trade marks by way of change of ownership in due process of law on the basis of applications filed by him under TM 24 and TM 38, the only course opened to the r..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. ......n and the learned Subordinate Judge was wrong in not rejecting the plaint." 6. Leave has been granted to consider the submission that High Court Division was patently wrong in law and facts inasmuch as it could not be said that the averments made in paragraph 7 of the plain..Category: Property Law | Date: 27 Apr, 2004 | Hits: 102
Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)
.... Finally the trial Court allowed Miscellaneous Cases upon placing reliance on the decision in the case reported in 27 DLR (AD) 114 wherein it has been observed that merely for wrong mentioning of the provision of law in the cause title of the petition seeking pre-emption, the petitioner should not b......equested the pre-emptees to re-transfer the land so purchased by them to her on accepting price as mentioned in the kabalas as well as the compensation as provides by the law, but they denied finally on July 3, 1988. The pre-emtees are strangers in the holding and ..Category: Property Law | Date: 25 Apr, 2004 | Hits: 42
Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)
....tainable. "(2) Article 2226 cannot be used for the purpose of giving interim relief as the only and final relief on the application. The directions had been given here only to circumvent the provisions of section 80 Civil Procedure Code and that was not within the scope of Article 226. An i......ith observations. 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 o..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. ......y paying rent to him, but later on claiming title, said to have acquired from one Abdul Jalil, plaintiffs brother's son, stopped payment of rent. Thus admittedly the defendant became a defaulter. The law is now settled that without surrendering possession of a particular premise wherein one is a ten..Category: Tenancy Law | Date: 21 Apr, 2004 | Hits: 69
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