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Hafez Abdus Salam Vs. Syed Fazlul Quader and another, 2004, 33 CLC (HCD)
....onnected Civil Rule 550(FM) of 2003 is accordingly, discharged with cost. Communicate the order at once. Ed. This Case is also Reported in: 57 DLR (2005) 640. ......n does not inspire any confidence. 27. Result being the appeal is dismissed with cost. The impugned order rejecting the memo of appeal is hereby affirmed. Connected Civil Rule 550(FM) of 2003 is accordingly, discharged with cost. Communicate the order at once. Ed. This Case is al......ing a memorandum of appeal for non-supply of deficit court fees…………..(16) rejection of a memorandum of appeal presented on insufficient stamped papers shall be deemed to be a decree within the meaning of section 2(2) of the Code of Civil Procedure. An appeal shall li......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)
....the Courts below. The learned Single Judge missed to appreciate law for laches of the parties, particularly, the Government; but the valuation at Taka 30,000 per acre is found to have met the ends of justice, fairness and equity in this case in the circumstances as shown above. We, therefore, do not......for the development of commercial area, Zone‑13 under Rajshahi Town Development Authority and the compensation money thereto having been determined complying with the provision of section 5 and accordingly, assessed the compensation, the appellant is not liable to pay the present compensation ......cquired under the Act- Section 47 of Ordinance No. II of 1982 provides that all pending matters under the Act No. 13 of 1948 i.e. the Emergency Requisition of Property Act, are to be continued and disposed, of thereunder, as if it has not been repealed but the High Court Div......d Ordinance in the instant proceeding drawn under the said Act for payment of full compensation money at the present market rate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)
....on of the land transferred by the heir of Abdul Ghani to the pre-emptees. Accordingly all the appeals are dismissed There is no order as to cost. Ed. This Case is alsoReported in: 1 ADC (2004) 515.......tween the pre-emptor and the vendor and a suit for partition, being Partition Suit No. 111 of 1988, being pending the pre-emptordid not cease to be a co sharer of the non agricultural land in questionaccording to the principle of law enunciated in the case of S.M. Basiruddin Vs. Zahurul Islam Chowdh......thers................ Respondents (In Civil Appeal No. 88 of 1998) Selima Rahman and others................ Respondents (In Civil Appeal No. 89 of 1998) Judgment June 28, 2004. Cases Referred to- S.M. Basiruddin Vs. Zahurul Islam Chowdhury, 35 DLR (AD), 230; Md. Khairullah Bhuiyan Vs. Haji ...... 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
....ot find any reason to interfere with the judgment and order of the High Court Division.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:56 DLR (AD) 166.
......ot find any reason to interfere with the judgment and order of the High Court Division.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:56 DLR (AD) 166.
......; 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 is limited in application as to the arbitration being held in Bangladesh, but not as to matter restraining a particular party fro...... 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)
....ntended that the impugned preliminary decree is an irregular decree liable to be set aside and sections 6 and 7 of die Artha Rin Adalat Ain, 1990 are contrary to the petitioner's fundamental right to justice as guaranteed under the Constitution. Even if sections 6 and 7 are found to valid that shoul...... of knowledge under the Code of Civil Procedure, for the Artha Rin Adalat was exercising its power as a civil Court. The alternative recourse that was opened to the petitioner was to prefer an appeal according to the provision of section 7 within 30 days from the date of decree which he could not ho......orshed Ahmed Khan with ASM Abdur Razzaque, Advocates—For Respondent No. 2. Writ Petition No. 4339 of 2002. Judgment Md. Awlad Ali J.- This Rule Nisi was issued calling upon the respondents to show cause as to why sections 6 and 7 of the Artha Rin Adalat Ain, 1990 insofar as they provide f......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)
....rator has not committed any error of law. In view of the discussions made hereinabove we do not find any merit in the appeal. Accordingly, the appeal is dismissed with costs. Ed. ......rator has not committed any error of law. In view of the discussions made hereinabove we do not find any merit in the appeal. Accordingly, the appeal is dismissed with costs. Ed. ......sp; Judgment May 25, 2004. The Land Acquisition Act, 1894 (I of 1894), Sections 3(a), 23 & 24 In assessing compensation for acquired land compensation is to be assessed not only for land simplicitar but also for benefits arising out of the land, things ...... 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)
....pellate Division Rules, 1988, Rule 45 The Code of Civil Procedure, 1908 (V of 1908), Order XLVII Appellate Division’s paramount power of review can be exercised to do full and effective justice under the Constitution apart from the power of review under the Code of Civil Procedure and ......tatements though substantially on similar grounds contending, inter alia, that the PSC has on the basis of the date of Advertisement assigned numerical numbers to all BCS Examinations so far held and according to this the BCS Examination held under Advertisement dated 10‑6‑82 has been taken as t......04 & 105 The Appellate Division Rules, 1988, Rule 45 The Code of Civil Procedure, 1908 (V of 1908), Order XLVII Appellate Division’s paramount power of review can be exercised to do full and effective justice under the Constitution apart from the power of review under the Cod......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)
....ce, Bandaria Police Station as informant. 3. Husband Md. Delwar Hossain Faraji decamped immediately after commission of crime and had chosen to be an absconder and remained fugitive from law and justice till conclusion of trial and he was tried in absentia. 4. Autopsy on the cadaver of dec......tilge. (2). Two bruises of equal size on the right side of the neck below the injury No.1 size 0.5" X 0.5". (3). One bruise 2" x 1" on right side of the back. Death according to him was due to asphyxia as a result of strangulation which was ante-mortem and homicida......Md. Delwar Hossain Faraji…………Convict (in abscondence) Judgment May 18, 2004. Result: The Death Reference No.39 of 2001 is accepted. Cases Referred to- Gourangh Kumar Saha Vs. State, 2 BLC (AD) 126; Abdul Matleb Howlader Vs. State, 6 BLC (AD) ......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
....he Bankruptcy Court is directed to dispose of the bankruptcy case expeditiously.
The order of stay granted earlier by this Court
Ed.
This Case is also Reported in: 57 DLR (2005) 716.
......he Bankruptcy Court is directed to dispose of the bankruptcy case expeditiously.
The order of stay granted earlier by this Court
Ed.
This Case is also Reported in: 57 DLR (2005) 716.
......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......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)
....ng aside the judgement and decree passed by the appellate court as because judgment of the appellate court is tainted with error of law resulting taking decision erroneously occasioning failure of justice. Lawyers Involved: Md. Roushan Ali, Advocate, instructe......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. ...... Roushan Ali, Advocate, instructed by Md. Ataul Haque, Advocate‑ on‑ Record‑ For the Petitioner. Not represented‑ The Respondents. Civil Petition for Leave to Appeal No. 162 of 2003. (From the judgment and order dated the 7th August, 2002 passed by ......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)
....and circumstances of the instant case the Registrar could very much take the aid of section 151 of the Code of Civil Procedure read with section 3 of the Act to pass necessary order to secure ends of justice and, in fact, he passed the impugned order exercising his inherent power under the said sect...... observations made hereinbefore. The impugned order passed by the Registrar of Trade Marks is set aside. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 565. ......by the Registrar of Trade Marks is set aside. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 565. ...... 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)
....aintiffs had a cause of action for the suit. It was also submitted that the decision of the High Court Division in making the Rule absolute was wrong on principle and has also caused miscarriage of justice in the facts and circumstances of the case. 7. It may be mentioned that ......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. ...... The Code of Civil Procedure, 1908 (V of 1908), Order VII rule 11 Cause of action is bundle of facts and for the ascertainment of the cause of action Court is required to read the plaint in its entirety……………….(11) Lawye......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)
....cause title of the pleading or petition, or that for the absence of formal uncomforting to requirement of law the relief sought for instead of refusing the same is to be given to advance the cause of justice and to ameliorate the condition of aggrieved for which the Court exits. 17. It is seen from......e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ......same, respectively. 2. Pre-emption was sought under Section 96 of the State Acquisition and Tenancy Act in respect of 38 1/2 decimals of land in each of the Miscellaneous cases. The land sought to be pre-empted was transferred by two kabalas dated June 25, 1988 3. The land originally belonged......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)
....appearing, for the respondent, has, however, submitted that the impugned order is designed to prevent the predetermined malafide action against the respondent in violation of the principle of natural justice and that, in the facts and circumstances of the case no stay order having been passed in app......ction staying the impugned order pending disposal of the said appeal, which has been called in question before this Court. 4. Mr. Fida M Kamal, the learned Additional Attorney‑General, has accordingly, submitted that ad interim relief in the nature of stay could only be granted in aid of ......l is not equally efficacious and effective but not when such remedy is avoided of…..(7) (ii) It is the principle of law that an ad interim order could be passed only in aid of or ancillary to main relief that may be available upon final decision of any right in any suit or proceeding pend......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. ...... 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. ......tructed by Md. Nawab Ali, Advocate-on-record-For the Petitioner Nurul Amin, Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on-record- For the Respondents Civil petition for leave to appeal No. 528 of 2003. (From the Judgment and Order, dated February 9, 2003 passed by the Hig......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
Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)
....d dated 22‑6-2000 is accordingly set aside. The arbitration agreement now ceases to have any effect. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 656. ......f the Arbitration Act for setting aside the award. By impugned judgment and order said application was rejected. Section 39(vi) of the Arbitration Act has made such order appealable and the appellant accordingly, presented the appeal. Scope of such appeal is therefore, precisely to see as to whether........Appellant Vs. A Latif & Company Ltd...................................Respondent Judgment April 11, 2004. Result: The Appeal is allowed. Appointment of Arbitrator by the Court Section 20(4) empowers the Court to make an order of reference to the arbitrat......(AD) 346 and Dhaka Leather Complex Vs. M/s Sikder Construction Ltd. and another, 12 BLT 17. 22. He submitted that the court cannot sit in appeal and decide the award on merit on facts as well as law. 23. In support, he cited MOL Enterprise Inc. Vs. Bangladesh, 4 BLC 407; Adamjee Sons Ltd. ..Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3
Agrani Bank, rep. by the Chairman, BoD, & ors. Vs. Khandaker Badrudduza, 2004, 33 CLC (AD)
....ng the concept of proportionality which has no application in the instant case and thus it is not sustainable. Moreover doctrine of proportionality is non-existent in the field of administration of justice in Bangladesh. ………………………&hel......ayutham reported in AIR 1997 (SC) 3387 wherein it has been observed "unless the Court/Tribunal opines in its secondary role, that the administrator was, on the material before him, irrational according to Wednesbury or CCSU norms, the punishment cannot be quashed. Even then, the matter has ...... Appellate Division (Civil) Present: Md. Ruhul Amin J M M Ruhul Amin J Md. Tafazzul Islam J Agrani Bank, represented by the Chairman, Board of Directors, and others .....Appellants Vs. Khandaker Badrudduza ......................Respo......as been observed "It is to be observed that there is a fundamental difference between a disciplinary proceeding against an employee taken departmentally and a criminal proceeding in a Court of law against him on the selfsame facts. In a criminal trial, an offence like criminal breach of..Category: Administrative Law | Date: 6 Apr, 2004 | Hits: 130
Ananda Builders Ltd. Vs. Bangladesh Inland Water Transport Authority and others, 2004, 33 CLC (AD)
....t as per IDA guideline the respondent BIWTA was obliged to provide a place adjustment formula for the extended bid validity period on its request for extension of bid validity, as a matter of natural justice the appellant legally held rationale for such compensatory adjustment, the demand for compen......t: (1) The High Court Division has failed to appreciate the fact that the committee appointed by the Ministry of Shipping recommended the application of price escalation made by the petitioner and accordingly, the World Bank was Willing to disburse the money but the respondents Unlawfully decline......ngladesh Inland Water Transport Authority and others…....Respondents Judgment April 6, 2004. The Constitution of Bangladesh, 1972, Article 102 When the contract is entered into by a public authority in exercise of its statutory power in terms of statutory provisions any bre......ee appointed by the Ministry of Shipping recommended the application of price escalation made by the petitioner and accordingly, the World Bank was Willing to disburse the money but the respondents Unlawfully declined to claim the money from the World Bank. (2) The High Court Division has comm..Category: Constitutional Law | Date: 6 Apr, 2004 | Hits: 215
Nurul Huq (Md) @ MN Huq Vs. Nirmal Chandra Dutta & anr., 2004, 33 CLC (AD)
....ave been executed by the respondent and to decide the appeal iii accordance with law. The plaintiff of the suit shall bear the costs of the examination by the Handwriting Expert. Ed. ......orted to have been executed by the respondent ought to have contained verification inasmuch as the solenama itself has described it to be a petition and because such petitions do require verification according to law. In this connection he refers to the provision of Order XXIII rule 3 read with Orde......he signature appearing on the solenama and genuineness of the signature having been seriously denied by the defendant respondent and emphatically asserted by the appellant appeal has been remanded to the High Court Division with a direction to hear the appeal a fresh after obtaining report from ......opriated the sale proceeds and also inserted into the deed of power of attorney a recital to the effect that he had allegedly taken loan of Taka 4,50,000 from the defendant and his son‑in‑law and the notice of the revocation was published in Daily Ittefaq on 5‑6‑1982. Because..Category: Property Law | Date: 5 Apr, 2004 | Hits: 103
Sec. Min. of Law, Justice & Par. Affairs & ors. Vs. Md. Borhan Uddin and ors., 2004, 33 CLC (AD)
....heperson who was said to have made allegation, nor disclosing the source wherefrom the allegations were received and termination of the appointment so made was violation of the principle of natural justice since he has been condemned or, in other words, his professional reputation has been stigm......blic Prosecutor, that Senior Public Prosecutor having had resigned Government felt necessity of appointing a comparatively senior and experienced lawyer to conduct hearing of the Sessions Case and accordingly, appointed Mr. Kh Abdul Mannan as the Special Public Prosecutor, that writ‑petiti........Respondents Judgment April 5, 2004. The Code of Criminal Procedure, 1898 (V of 1898), section 492 The relationship between the Special Public Prosecutor and the Government being that of a client and a lawyer and that being the accepted position and......004. The Code of Criminal Procedure, 1898 (V of 1898), section 492 The relationship between the Special Public Prosecutor and the Government being that of a client and a lawyer and that being the accepted position and whose skill or special know the government was util..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 201
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