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Humayun M Vohra Vs. ESPN Star Sports and others, 2003, 32 CLC (AD).
.... The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 99. ...... 12. Before parting with the case, we find in the impugned order certain observation by the High Court Division as under: “There is another pertinent question. We also find defendant No. 1 is a domicile of Singapore while defendant No. 2 of India, Ma......udge, Fifth Court, Dhaka in Title Suit No. 188 of 2002 which summarily rejected the application under Order XXXIX rules I and 2 of the Code of Civil Procedure. 2. The facts relevant for disposal of the case, in short, are that on 10‑8‑2002, the plaintiff,..Category: Procedural Law | Date: 23 Nov, 2002 | Hits: 103
Zyta Garments Ltd. Vs. Union Bank Ltd. and another, 2003, 32 CLC (AD).
....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. ......he suit, as no relief has been claimed against it. 5. The learned Counsel appearing' for the Petitioner submits that the petitioner is the most important party in the contract. If any question is raised by the parties concerned it can only be answered by the petitioner. By not being...... KM Hasan J.- The petitioner seeks leave to appeal against the judgement and order dated 4‑32002 passed by a Division Bench of the High Court 2. The facts leading to the leave petition are that the respondent, Union Bank Ltd. Karachi Branch, as pla..Category: Civil Law | Date: 19 Nov, 2002 | Hits: 169
Tarak Chandra Majhi Vs. Atahar Ali Howlader and others, 2002, 31 CLC (AD)
.... 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. ......appellate Court moved the High Court Division in revisional jurisdiction and obtained Rule in the aforementioned Civil Revision. The High Court Division made the Rule absolute upon observing that the question of genuineness of the Ekrarnama is a question of fact and that appellate Court having and f......he deed by which defendant transferred the land to the plaintiff got the Ekrarnama written by his assistant and thereafter put his signature in the Ekrarnama as the scribe. In the background of the facts of the case the probability of execution of the Ekrarnama by the plaintiff appears to be somet..Category: Evidence Law | Date: 18 Nov, 2002 | Hits: 74
Asalat Zaman (Md) and others Vs. Government of Bangladesh and others, 2003, 32 CLC (AD).
....as aforesaid with interest at the bank rate till realisation. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 139. ......at the prevailing bank rate as provided under Article 21 of the Bank Order, 1972. 9. Mr. Khandaker Mahbubuddin Ahmed, the learned Counsel for the respondent, has not disputed the question of awarding interest by the learned Subordinate Judge except that the award was indefinite ......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)
....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. ......ramps environment of the BCS Academy would be polluted and that Ramps if constructed would violate privacy 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......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)
....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. ......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. ......8209;opposition and supplementary affidavit controverting the allegations brought in tile writ petition and contended that the allegations against the writ‑respondents were not substantiated by facts during enquiry held by Enquiry Committee constituted by the Board in its meeting on 29‑3..Category: Constitutional Law | Date: 12 Nov, 2002 | Hits: 322
Taiyaba Zaman Vs. Gias Uddin Ahmed and others, 2002, 31 CLC (HCD)
.... 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. ......or rejection of the plaint. 9. Admittedly, the suit land and the parties and the pleadings in both the suits filed by the plaintiff are same. Admittedly the cause of action is different. Now the question is, whether in view of the fact that the parties, the allegations, the reliefs and the suit......ned Assistant Judge, 6th Court, Dhaka in Title Suit No.137 of 2001 should not be set aside and such other or further order or orders passed as to this Court may seem fit and proper. 2. The short facts for disposal of the Rule are that, opposite party No.1 as plaintiff filed Title Suit No.137 of..Category: Tenancy Law | Date: 6 Nov, 2002 | Hits: 198
Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)
....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: ...... Judge, Dhaka which arose out of an award between the company and the Power Development Board. On the objection of Tofayel Ahmed, the then Managing Director, their prayer was, however, refused as the question whether the respondents continued to be shareholders of the company or not could be decided......appeal by leave arises out of judgment and order of the learned Company Judge dated 10‑12‑1989 in Matter No. 34 of 1989 allowing the appeal under section 38 of the Companies Act. 2. The short facts leading to this appeal are that Ahmed Impex Company (Pvt.) Ltd. which will hereafter be referr..Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208
Government of Bangladesh and another Vs. MA Khair Bhuiyan, 2003, 32 CLC (AD).
....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. ......tion to set aside its order when it is obtained by practicing fraud and the Administrative Appellate Tribunal was in error in taking a contrary view; and (iii) that the petition involves an important question of law of public importance, namely, whether after finally disposing of a matter a Court or......mely, whether after finally disposing of a matter a Court or tribunal can re‑open the matter when an allegation of fraud practiced on the Court or tribunal is brought. 2. The facts necessary for disposal of the appeal arc that respondent while serving as Division Officer/Ass..Category: Civil Law | Date: 4 Nov, 2002 | Hits: 152
Hashibul Bashar Vs. Gulzar Rahman and anr., 2004, 33 CLC (AD)
....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. ......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. ......ing over a period of 6 months, but every time the said cheques were dishonoured since there was no amount in drawer's account or that the drawer had stopped the payment. In the background of the said facts, notice under section 138(b) of the Negotiable Instruments Act upon the accused petitioner was..Category: Business or Commercial Law | Date: 28 Oct, 2002 | Hits: 326
Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).
....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. ......s. They are as follows:- 14. In referring to and relying upon the comment dated 16-2-2002 of the Director General of BTV sent to the Attorney-General; in deciding purely a disputed question of fact on affidavit whether the Evaluation Report qualifying ETV is the first or the only ...... petitions are directed against the judgment and order dated 2-7-2002 passed by this court in Petition for Leave to Appeal Nos. 504, 510, 516, 517 and 636 of 2002 dismissing them. 2. The facts of the case and materials relating thereto are already discussed in the judgment delivered by ..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)
.... the High Court Division that the Judges of the High Court Division themselves compared the signatures of the respondent No. 2 on Exts. 1 and 2 and came to the conclusion that the signatures were identical. However in view of the above submission we examined the signatures of the respondent N......ent. 8. On the other hand according to the High Court Division PWs have proved the presence of defendant respondent in this country in 1775, 1979 and 1982. Therefore, it concluded that the question of treating the case property as an abandoned property is absurd. 9. Being aggrie......inding of fact, should not go into the consideration of adequacy or inadequacy of evidence unless the appellants can show misreading of evidence or failure to take into consideration material facts resulting in error of law. 12. Mr. Abdur Razaque Khan, the learned Additional Attorn..Category: Contract Law | Date: 21 Aug, 2002 | Hits: 1110
Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation & others, 2002, 31 CLC (AD)
....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. ......ragraph 7(b)(iv) of the plaint (Page 9 of the plaint); that clause 18 of the terms and conditions of BJMC's FOB/CNF standard contract provides that in the event of any dispute relating to any matter, question, difference, price and/or claims whatsoever arising out of and/or connecting and/or in conn......nd for reference of the dispute to the arbitrator for settlement of the dispute. The High Court Division accordingly while allowing stay has referred the matter to the arbitrator. 11. Thus in the facts and circumstances of the case if at the arbitration, it is found by the Arbitrator that the cl..Category: Alternative Dispute Resolution | Date: 20 Aug, 2002 | Hits: 280
Bux Shipping Line Vs. Bangladesh Water Development Board & others, 2002, 31 CLC (AD)
....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.......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....... 2. Facts in the background of which dispute between the parties in the proceeding arose and was referred to the arbitrator need not be stated in detail since in the judgment under review facts relating to the dispute arbitrated have elaborately been stated. 3. Defendant res..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. ...... The petitioner could avail of the provision of Order XXI rule 90 of the Code of Civil Procedure 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 juri......ud alleged by any of the party to the execution proceeding out of judgment and decree passed under the Ain as the same could have been adequately dealt with under the said provision, and in the facts and circumstances of the instant case the writ jurisdiction is not maintainable for deci..Category: Business or Commercial Law | Date: 12 Aug, 2002 | Hits: 121
Abdus Sobhan Biswas Vs. State, 2002, 31 CLC (HCD)
....Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 556. ......Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 556. ......ed took the victim to Rajbari for collecting relief money or stayed with the victim at Al Quddus Hotel. 7. That the learned Trial Court thereafter in consideration of evidence on record as well as facts and circumstances of the case, found the appellant guilty for the offence charged and convicte..Category: Women and Children | Date: 11 Aug, 2002 | Hits: 77
Sirajul Islam (Md.) and others Vs. State, 2002, 31 CLC (HCD)
.... courts and section 27(6) of the Special Powers Act, 1974 provides for the procedure applicable in the case of trial in absentia before the Special Tribunal. The provisions of both the sections are identical except that from section 27(b) of the Act the words "where after the compliance with the ......r process was required to be issued upon the absconding accused on the satisfaction that it was actually executed or served upon them under the provisions of the said sections, then and then only, question of publication in two Bengali daily newspapers under the provisions of section 27(6) of th......o illegality is committed by the Special Tribunal in framing charge against the accused appellants. He finally submit that there is no legal ground for the accused appellants to be aggrieved in the facts and circumstances of they have filed the instant appeal at the case, rather at the behest of..Category: Women and Children | Date: 5 Aug, 2002 | Hits: 219
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. ......the opinion as to the existence of the grounds for keeping the detenu under detention, the detenu is being rightly detained and the Rule is liable to be discharged. 10. Let me first consider the question as to whether the criminal miscellaneous case is maintainable in law for want of statements......se to me for hearing and disposal as a Third Judge and accordingly, the Rule has been heard by me on 24-7-2002 and judgment is being delivered today. 4. As there is no dispute as to the material facts involved in the case and my learned brothers in their dissenting judgments have already stated..Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)
....sion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39. ......is of Exhibit 1 and that in support of their claim of possession plaintiff No. 1 has deposed in the case as PW 1 and that have examined another witness i.e. PW 2 who has corroborate the PW 1 on the question of possession of the land in 'A' schedule by the plaintiffs. 16. The contention o......e been possessing the same through the lessees ….The trial Court, in fact, did not come to any finding to the factum of possession of the suit land by the plaintiffs which is very crucial in the facts and circumstances of the instant case and discarded the evidence of PW 2 on the ground that h..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. ...... petitions have arisen out of the same impugned judgment and order dated 10‑8‑2000 passed by a Division Bench of the High Court Division whereby it discharged the Rules. Since a common question of law is involved both the leave petitions are taken up together for hearing and are disp......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
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