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Secretary, Ministry of Works and anothÂer Vs. Md. Yusuf Ali Khan and others, 2002, 31 CLC (AD)
....land measuring 10 (ten) kathas 5 (five) chateaus, more or less, situated in the Gulshan Model Town of the Dhaka Improvement Trust for a Consideration of Tk. 90,000/- (Taka Ninety thousand). Out of total consideration money the respondent No.1 paid Tk. 50,000/- (Taka Fifty thousand) as earnest mo......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. ......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)
....S$ 2,000,000 equivalent to Taka 110,000,000 for international market loss and US$ 5,000,000 equivalent to Taka 275,000,000 for injury to health causing mental agony and shortening of life expectancy, totaling in all Taka 440,000,000. Plaintiffs offer being firm bid No. F1431 dated 31-9-98 for supply......cably settled and hence question of arbitration does not arise. The learned Counsel further submitted that the High Court Division suo motu referred the dispute to the tribunal for arbitration in the absence of any prayers to that effect and thus exceeding its jurisdiction in passing the impugned ju......e. The learned Counsel further submitted that the High Court Division suo motu referred the dispute to the tribunal for arbitration in the absence of any prayers to that effect and thus exceeding its jurisdiction in passing the impugned judgment. 7. Mr. Khalilur Rahman, the learned Counsel appea..Category: Alternative Dispute Resolution | Date: 20 Aug, 2002 | Hits: 280
Bux Shipping Line Vs. Bangladesh Water Development Board & others, 2002, 31 CLC (AD)
....their go down at Serajgong on negoÂtiated rate of Tk. 640 per MT. Later on quantity of cement to be carried was raised at different times and finally to 6000 MTs. On completion of carrying of the total quantity of cement plainÂtiff petitioner submitted bills and the payment having not been mad......ses relating to granting of interest by an Arbitrator on the awarded amount this Division reached the following conclusions:- a) Pre-reference Period interest: In the absence of any law or agreement providing for payment of interest by an Arbitrator on an award made......e award. This part of the award about further interest was beyond the powers of the Arbitrator because it is only the Court which could award interÂest....Hence in this case the Arbitrator had no jurisdiction to grant interest beyond the date of the decree as the power to grant interest after p..Category: Alternative Dispute Resolution | Date: 18 Aug, 2002 | Hits: 217
Antibiotic Stores & ors Vs. Subordinate Judge and Artha Rin Adalat & anr., 2003, 32 CLC (AD).
....matter we do n any substance in the submission of the Counsel for petitioners for our interference impugned judgment of the High Court Division. The petition is dismissed. Ed. ......matter we do n any substance in the submission of the Counsel for petitioners for our interference impugned judgment of the High Court Division. The petition is dismissed. Ed. ......rocedure in setting aside the auction sale on the ground of material irregularity and fraud. But such question of fraud and material irregularity in conducting the sale is not maintainable in writ jurisdiction as because it involves evidence which can not be conveniently dealt with in writ juris..Category: Business or Commercial Law | Date: 12 Aug, 2002 | Hits: 121
Abdus Sobhan Biswas Vs. State, 2002, 31 CLC (HCD)
....witnesses the accused appellant was examined under section 342 of the Code of Criminal Procedure to which he repeated his innocence. The defence did not adduce any evidence. 6. The defence case is total denial of the allegation. The further defence case is that, the victim PW 3 entered into an ag...... decimals of land belonging to the victim for which a part payment was paid by the accused to the victim is not substantiated by any evidence. It is therefore difficult to believe such a story in the absence of at least a receipt for the said part payment and/or evidence of those persons who witness......the room and heard and saw the matter. On the following morning the victim returned home and reported the occurrence to her husband who filed a complaint case before a Magistrate having the competent jurisdiction at Rajbari who sent the petition to Rajbari Police Station for treating it as a first i..Category: Women and Children | Date: 11 Aug, 2002 | Hits: 77
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Accordingly, this petition is dismissed with costs assessed at Taka 5,000 to be paid by the petitioner forthwith to the respondents.
Ed.
This Case is also Reported in: (2002) 22 BLD (AD) 155.
......
Accordingly, this petition is dismissed with costs assessed at Taka 5,000 to be paid by the petitioner forthwith to the respondents.
Ed.
This Case is also Reported in: (2002) 22 BLD (AD) 155.
......
Accordingly, this petition is dismissed with costs assessed at Taka 5,000 to be paid by the petitioner forthwith to the respondents.
Ed.
This Case is also Reported in: (2002) 22 BLD (AD) 155.
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Category: Constitutional Law | Date: 7 Aug, 2002 | Hits: 180
Sirajul Islam (Md.) and others Vs. State, 2002, 31 CLC (HCD)
....as been pending for a long time the concerned Special Tribunal, Chittagong is hereby directed to dispose of the same expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 536. ...... that notices were duly published in two daily newspapers but the absconding accused persons did not appear before the Special Tribunal and, in the circumstances, the trial would continue in their absence fixing 5‑1‑1998 for framing of charge. Thereafter the case was adjourned three times an......as been pending for a long time the concerned Special Tribunal, Chittagong is hereby directed to dispose of the same expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 536. ..Category: Women and Children | Date: 5 Aug, 2002 | Hits: 219
Kalu Sheikh alias Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)
....against them and they are hereby discharged from their respective bail bond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 502 ...... proved that the victim Shaymol Kanti Saha died due to injuries caused by the accused persons on the date of occurrence" is thus based on the sole basis of the evidence of the Doctor (P.W. 6) in absence of direct or indirect substantive evidence of other P.Ws. as to inflicting of injuries by th......against them and they are hereby discharged from their respective bail bond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 502 ..Category: Criminal Law, Evidence Law | Date: 31 Jul, 2002 | Hits: 2
Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)
....nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ......isory Board had been written and that too only in respect of the satisfaction as to the presence of grounds of detention for keeping the detenu under detention without having any reflection as to the absence of the grounds for not keeping the detenu in detention, and, as such, the same does not comp......ed by the order of detention of the detenu and, as such, this petition is not maintainable in the eye of law, though section 491 of the Code of Criminal Procedure comes under the revisional jurisdiction of this Court but it is semi-constitutional in nature and the person not being aggrieve..Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)
....ttorney as the basis of right, that the High Court Division has affirmed the judgment of the Court of appeal below upon reversing the judgment and decree of the trial Court without considering the total materials on record and that the appellate Court arrived at the erroneous decision upon the w......e deed of exchange in the form of irrevocable power of attorney was forged and fabricated and that the plaintiffs were never the inhabitants of Tripura State, India and that taking advantage of the absence of the recorded owners of the property described in schedule 'A' the plaintiffs brought int......e plaint was not enemy property and that the notification dated July 31, 1965 published in the Dhaka Gazette dated November 4, 1965 notifying the property as evacue/enemy property, illegal, without jurisdiction and not binding upon the plaintiffs. 2. The plaintiffs are claiming the prope..Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175
MA Gafur and anr. Vs. Govt. of BD rep. by Sec., Min. of Defence and anr., 2004, 33 CLC (AD)
....les. We therefore, find no legal infirmity in the impugned judgments of the High Court Division calling for interference. Accordingly, the petitions are dismissed. Ed. ......les. We therefore, find no legal infirmity in the impugned judgments of the High Court Division calling for interference. Accordingly, the petitions are dismissed. Ed. ......les. We therefore, find no legal infirmity in the impugned judgments of the High Court Division calling for interference. Accordingly, the petitions are dismissed. Ed. ..Category: Administrative Law | Date: 24 Jul, 2002 | Hits: 133
Amir Hossain Vs. Homeland Footwear Ltd. and others, 2002, 31 CLC (HCD)
....‘5‑2001 for Taka 15.00 lakh and cheque dated 30‑5‑2001 for Taka 15.00 lakh in favour of the petitioner in its account maintained in the National Bank Ltd., Foreign Exchange Branch, Dhaka, for a total amount of Taka 60,00,000 but when the petitioner deposited the three cheques on the stipulated...... on the prayer of Mr. Imtiaz Mahmud, Advocate, let the operation of this judgment be stayed for a period of three months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 478. ...... on the prayer of Mr. Imtiaz Mahmud, Advocate, let the operation of this judgment be stayed for a period of three months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 478. ..Category: Company Law | Date: 21 Jul, 2002 | Hits: 226
Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)
....at No.2 Jhalakati, in Nari-o-Shishu Case No.40 of 1999 is hereby set aside. Send down the lower Court record expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 527. ......st the accused appellant beyond all reasonable doubt the Bishesh Adalat committed illegality in passing the impugned judgment and order of conviction and sentence against the accused appellant in the absence of any material evidence on record. Mr. Abdus Sobhan contends that there having been no lega......ision of the Supreme Court in the case of Asiman Begum Vs. State reported in 51 DLR (AD) 18 where it has been held that when it is found after a full trial that there was mis‑trial or trial without jurisdiction, the court of Appeal before directing a fresh trial by an appropriate court should also..Category: Women and Children | Date: 20 Jul, 2002 | Hits: 173
BD rep. by the Sec. Min. of Works & ors. Vs. Kazi Ashrafuddin Ahmed, 2003, 32 CLC (AD).
....e in the submission of the learned Additional Attorney-General for our interference with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ......m of the petitioner being in possession of the property since 21-4-1968 on the basis of the agreement for sale, and that stating that after liberation of Bangladesh the petitioner taking advantage of absence of the owner trespassed into the house has not placed any material on record to substantiate......e in the submission of the learned Additional Attorney-General for our interference with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ..Category: Property Law | Date: 13 Jul, 2002 | Hits: 89
Ibrahim Ali and ors. Vs. State, 2004, 33 CLC (AD)
....idence to show that the executants of the said Muktipatras impersonated themselves as somebody else to pass off as persons who actually did not execute the same in the circumstances, ... there is a total absence of the ingredients of the offence of forgery as defined in sections 463 and 464 of t...... to show that the executants of the said Muktipatras impersonated themselves as somebody else to pass off as persons who actually did not execute the same in the circumstances, ... there is a total absence of the ingredients of the offence of forgery as defined in sections 463 and 464 of the Pen......hereby maintained the conviction and sentence under sections 468 and 468/109 of the Penal Code. 2. The convict‑appellants and another moved the High Court Division in revisional jurisdiction against the judgment and order dated August 22, 1996 of the 1st Court of Additional Se..Category: Criminal Law | Date: 8 Jul, 2002 | Hits: 90
Kamaluddin (Md.) & anr. Vs. Sec., Ministry of Land, Bangladesh and ors., 2004, 33 CLC (AD)
....herwise of the intermediate or ad‑interim orders(s). In the afore state of the matter, we find no substance in this petition. Accordingly, the petition is dismissed. Ed. ......herwise of the intermediate or ad‑interim orders(s). In the afore state of the matter, we find no substance in this petition. Accordingly, the petition is dismissed. Ed. ...... or persons apprehensive of being affected by the act of functionaries performing functions in connection with the affairs of the Republic or of a local authority is not entitled to invoke the writ jurisdiction as against the intermediate steps……(4) Lawyers Involved: ..Category: Constitutional Law | Date: 6 Jul, 2002 | Hits: 149
State Vs. Harish, 2002, 31 CLC (HCD)
....emned prisoner Harish is acquitted of the charge and let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 473....... accused that he would not be sent back to police custody whether he made any confession or not in order to remove any apprehension of any torture or influence by the police in police custody. In the absence of such word of assurance or caution rendered confessional statement made of the accused app......emned prisoner Harish is acquitted of the charge and let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 473...Category: Women and Children | Date: 2 Jul, 2002 | Hits: 89
Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)
....found satisfactory. The writ petitioners alleged that this evaluation report, which was also purported to be made and signed by the technical committee members on the same date i.e. 9 -7-1998, was totally malafide, unauthorised and unacceptable. 10. The writ petitioners alleged that by a......elevant files were not produced and/or withheld inasmuch as the called for files were duly produced but the High Court Division could not find therein certain recording of minutes/deliberation, the absence of which have been sufficiently explained by materials on record. 36. Mr. Abdur Raz......ng with public property in clear violation of legal mandates and public policies. The petitioners claim that as conscious citizens of this country, they are duty bound to invoke the extra-ordinary jurisdiction of this Court, under the Constitution, to compel the respondent Nos. 1, 2 and 3 of the..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....riticism, though little harsh. He submits that Mr. Justice about the impartiality and integrity of the learned Naimuddin Ahmed once adorned the Bench in the High Court Division with an alert mind and totally committed to do justice. He is respected as an worthy Judge of the Supreme Court and he made......y council is applicable with greater force where the constitution guarantees freedom of expression and accordingly, he submits that fair criticism of judicial work has to be and is allowed and in the absence of any imputation of motive or bias or corruption a severe criticism even on incorrect premi......t important events happening in the country is left in no doubt that the report refers to the famous criminal trial popularly known as "Janata Tower Case" which was pending in the appellate jurisdiction of the High Court Division and ended with a judgment delivered by a Division Bench of t..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
Hobi Sheikh and another Vs. State, 2002, 31 CLC (HCD)
.... In a case of rape there must be some sort of penetration of male organ in the private parts of the victim. It is an essential ingredient of rape. But in this instant case complaint of penetration is totally absent. In a case of rape the medical certificate is the most valuable piece of document. Th......lant to suffer imprisonment for life. 2. The prosecution case, in short, is that Fazila Khatun, daughter of Fazal Khan was married to Haider Ali Shaikh who had been serving in Malaysia. In the absence of his son-in-law, accused Hobi and Ashraf tried to have sexual intercourse with Fazila Khat......llants be set at liberty at once, if not wanted in connection with any other case. Send down the case records expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 383. ..Category: Women and Children | Date: 4 May, 2002 | Hits: 83
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