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Ali Imam Vs. Executive Engineer, Gaibandha and others, 2005, 34 CLC (HCD)
....h consequential relief, which is always permissible even before the apex Court. 7. Lastly, he read rules 23, 31 and 33 of Order XLI of the Code of Civil Procedure and submits that in order to do complete justice the Court of records always can allow the plaintiff to amend the plaint to give ful......rest 5% as outstanding dues. Defendant No.1 alone contested the suit by filing a written statement. His main case was that the suit as framed in the manner and form was not maintainable and also barred by limitation. On merit, he contended that the work order was issued to the plaintiff for con..Category: Civil Law | Date: 29 Aug, 2005 | Hits: 1
World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
....ving regard to the public interest but all other conditions of the Licence Agreement remained unchanged. By said letter the petitioner was requested to take step for implementation of the project and complete the remaining part of the obligations of the Licence Agreement. The petitioner, thereafter,...... reasons assigned by the High Court Division in the impugned order, we do not find any illegality with the impugned judgment for our interference. The petition is, accordingly, dismissed. Ed. ..Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331
....n out of the same fact and being governed by the same law.
2. In Writ Petition No.4470 of 1996 Rule was issued calling upon the respondents to show cause as to why they should not be directed to complete the process of departmental proceeding started against. the petitioner vide annexure-D by p......r General of Food 42 DLR (AD) 199,
"The writ petition challenges departmental proceeding relating to the service of the petitioner, a Government servant, High Court Division rightly found a bar to its jurisdiction in entertaining the petition."
Reflection of the above decisions a..
Category: Administrative Law, Employment/Service Law | Date: 24 Jul, 2005 | Hits: 8
Pushpa Rani Saha Podder Vs. Rash Mohan Saha, 2005, 34 CLC (AD)
....nd Kumudini Saha in support of their title. 17. In our view by obtaining a kabala Ext. 3 dated 24.03.1975 from the present appellant in respect of the suit property the plaintiffs have given a complete go by to their case of adverse possession from the date of the receipt Ext. 1 and Bainapatr......d an error of law requiring interference by us. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 350; 10 MLR (AD) 345. ..Category: Property Law | Date: 4 Jul, 2005 | Hits: 127
Md. Abu Aslam Advocate Vs. Rajshahi University and others, 2005, 34 CLC (HCD)
....dentally it may be mentioned that it has been held in the case between Abu Taher Chowdhury and others Vs. The State, reported in 11 DLR (AD) 2 that "for promoting the cause of justice, for doing complete justice and for prevention of miscarriage of justice, this Court power is very wide, over ......us Sobhan Chowdhury & ors Vs. Fazlur Rahman Chowdhury and others, 9 DLR 467; 26 DLR 100; 37 DLR 83; Abu Taher Chowdhury and others Vs. The State, 11 DLR (AD) 2; Abdul Hamid Kazi Vs. Abdul Jabbar Jamadar and others, 26 DLR (SC) 6. Lawyers Involved: M.I. Farooqui with Md. Ruhul Qud..Category: Procedural Law | Date: 25 Jun, 2005 | Hits: 7
Swapon Kumar Gain Vs. Amita Golder, 2005, 34 CLC (HCD)
....ents of Hindu marriage, namely, invocation before the sacred fire and saptapdai. In the absence of any proof of fulfillment of invocation before the sacred fire and saptapadi, a Hindu marriage is not complete and thus the plaintiff is not entitled to any relief in the suit. In support of his submiss......ed Advocate for the petitioner further submits that, his client has duly paid the monthly amount of Taka 800 up to the months of March, 2005. Ed. This Case is also Reported in: 58 DLR (2006) 26...Category: Family Law | Date: 25 Jun, 2005 | Hits: 237
Jamuna Television Limited and another Vs. angladesh and others, 2005, 34 CLC (HCD)
....f the secretary to the Commission, which makes the intention of the government very clear not to see the Commission really independent of it. The government by tradition was not prepared to have complete trust and confidence upon the Commission. Keeping the power in the hands of the Government ......ing the licence dated 10‑3‑04 are all declared to have been issued without any lawful authority and, as such, of no legal effect. Ed. This Case is also Reported in: 57 DLR (2005) 345. ..Category: Information Technology Law | Date: 16 Jun, 2005 | Hits: 4
Kazi Mahbubuddin Ahmed alias Mahbub Vs. State, represented by the DC, Dhaka, 2005, 34 CLC (HCD)
....t Information Report. He drew his last breath during course of cross-examination without drawing an end to cross examination. He could not be cross-examined fully and his cross-examination remained incomplete. P.W.2 Anjumanara Rashid was the mother of deceased Nilufar. P.W.3 Khairunnessa, alias Rinu......ormation report on 23‑6‑1994 had been exhibited as Exhibit No.1 First information report dated 23‑6‑1994 shall stand treated as Second first information report. 7. Investigation, also, embarked on the basis of Second first information report which gave rise to Sabujbagh Police Station C..Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7
New Zealand Milk Brands Ltd. Vs. Sanowara Dairy & Industries Ltd. and another, 2008, 37 CLC (HCD)
....; and the device of a cow represented in the same manner and accordingly the same was registered in favour of the Opposite Party No.1 under Application No.66879 on 5.9.2000 for ghee and butter oil in complete derogation of the provisions in Sections 10(1) and 8(a) of the Act where there is a prohibi......is an associate company of Sanowara Corporation and as Sanowara Corporation has been the agent of the Predecessors-in-interest of the Petitioner, by that reason the Opposite Party No.1 is under law debarred from making any claim whatsoever over the trade mark, the proprietary interest in which belon..Category: Intellectual Property Law | Date: 21 May, 2005 | Hits: 187
....hts of persons who are parties to causes pending in their own Courts. And where a judge has thus been dragged into a forensic arena, public confidence in the administration of justice by him would be completely gone and a few such instances would be sufficient to expose the whole system to public ri......min and others; State Vs. Brahma Prakash, AIR 1950 All 556 (FB); AIR 1952 (SC) 152; AIR 1953 SC 195; 45 IC, 338, AIR 1927 (Lah); In re An Advocate of Allahabad, AIR 1935 at page 1; Andrepaul Trence Ambard Vs. State Attorney-General of Trinidad and Tobago, AIR 1936 Privy Council 141; Brahma Prakash V..
Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7
Hazi Md Hossain @ Md Aowlad Hossain and others VS. Obaidul Haque & others, 2005, 34 CLC (AD)
....ant No. 52 to make construction at a time was considered and allowed by the High Court Division while hearing of the suit was going on and that there was no laches on the part of the plaintiffs to complete hearing of the suit. The learned Counsel for the respondent has submitted that plaintiffs ...... building which is unfit for human habitation and that the Supreme Court uniformly held that in a partition suit if the defendant wants to make any construction in his own place he should not be debarred from construction if the construction does not diminish the value of the property. But if th..Category: Civil Law | Date: 6 Mar, 2005 | Hits: 308
.... on record being Ext. Uma Uma(1) that 9.47 acres out of
total suit land measuring 20.18 acres was never enlisted as vested property and
also was never leased out to any one else. There is therefore complete absence
of evidence indicating that the S.A. recorded owners of the suit land left
fo......roperty authority was not impleaded in the
earlier sit and the earlier suit was therefore bad for non-joinder of necessary
parties. The trial court further found that Title Suit No.346 of 1977 was
barred under section 42 of the Specific Relief Act and finally concluded that
the ex parte decree o..
Category: Property Law | Date: 23 Feb, 2005 | Hits: 5
Barkatullah Khan (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....or show cause notice for any opportunity to be heard, which is in violation of the principle of natural justice. Mr. Rahman also submits that the future employment prospect of the petitioner has been completely destroyed by the language used and the allegations made in the impugned order. Mr. Rahman......cation and accordingly the same is allowed. 17. Accordingly, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 302. ..Category: Employment/Service Law | Date: 15 Jan, 2005 | Hits: 2
Arshed Ali Sikder (Md.) Vs. Gouranga Chandra Shil and others, 2005, 34 CLC (HCD)
....simple contract but an agreement for reconveyance which as per section 95(A) of the State Acquisition and Tenancy Act made the transfer of land of the plaintiff to defendant Nos.1 and 2 nothing but a complete usufructuary mortgage which created a legal right automatically in favour of the plaintiff ......t No.2, who is the present petitioner, by filing written statement stating that the allegations made in the plaint are false, there is no cause of action, the suit is not maintainable and the suit is barred by limitation. It was further asserted that it was an out and out sale, there was no agreemen..Category: Property Law | Date: 10 Jan, 2005 | Hits: 2
Mahadeb Chandra Mondal and other Vs. Dulal Chandra Mondal and other, 2005, 34 CLC (AD)
....4, 2005. The State Acquisition & Tenancy Act, 1950 (XXVIII of 1951), Section 95 and 95A President’s Order No. 88 of 1972 was promulgated long after the transaction was completed and the period of seven years as per the terms of the alleged Ekrarnama for reconveyance......ndant Nos. 2 and 3, the present appellants contested the suit by filing a written statement contending, inter alia, that the plaintiffs have no cause of action to file the present suit; the suit is barred by limitation; that the defendant No.l has been residing in India since 1971; the right of ..Category: Property Law | Date: 4 Jan, 2005 | Hits: 137
Civil Engineering Co Vs. Mahkota Technology SDN BHD and others, 2004, 33 CLC (HCD)
.... any specific arbitration clause as such. But paragraph I of the contract reads as hereunder, "…………and it is hereby agreed as follows: to execute, contract, complete and maintain the scope of work as per Power Grid Company of Bangladesh (PGCB) tender docu&s......in respect of any matter agreed to be referred to arbitration, the Court would have no jurisdiction to hear any legal proceeding save under the provision of this Act. The section is never intended to bar any suit. Nor there could be expected of any such prohibition. Parties to an arbitration agreeme..Category: Arbitration Law | Date: 10 Nov, 2004 | Hits: 12
State Vs. Md. Arab Ali, Ex-Manager, Rupali Bank and others, 2005, 34 CLC (AD)
....exceptional nature. In the instant case in the background of the case noticed it is not a case of exceptional nature calling for quashment on the ground of delay or in exercise of discretion or for complete justice. ..............(12) Cases Referred to: Md. Shamsuddin vs. ...... 12/85 Motijheel thanay mamla nang 51(8)84 er obhijukta bektir birudhee mamla porichalaner jonno sharkari manjuri prodan proshenge.” “ uporokto bishoyee “Ka”shutrer barate janano jachee je jeheto ashami Haji Arab Ali chakri hote barkhasto hoechen sheheto Adalate ta..Category: Criminal Law | Date: 10 Aug, 2004 | Hits: 84
.... thereof.
Documentation is one of the most important parts of the lending operation of a bank.
In case of need the realisation of bank dues depends to a large extent upon the precision and completeness of the documents obtained from the customers; each bank should have a set of printed fo......rculate the judgment to all banks for guidance.
Parties are directed to bear their own cost.
Send down the records at once.
Ed.
This Case is also Reported in: 57 DLR (2005) 643.
..
Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4
....n (now dead) and it has been dishonoured for want of fund having an endorsement "refer to drawer". As such, the offence punishable under section 138(1) of the Act is found to have been made complete when other mandatory provisions of the provisos are also found to be complied with. Neither......e by imposing fine criminal Court preserves no power to satisfy the complaint ensuring the payment of full amount of Taka 18,00,000 which is more than the face value of the cheque since it is clearly barred by sub‑section (2) of section 138 of the Negotiable Instruments Act, 1881; rather, this typ..
Category: Banking Law, Criminal Law | Date: 19 Jul, 2004 | Hits: 3
AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)
....fective justice under the Constitution apart from the power of review under the Code of Civil Procedure and rule 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 ......udgement there is no scope of review……….(30). Cases referred to- Nowabzada Muhammad Amir Khan vs. Controller of Estate Duty, Government of Pakistan, Karachi and another 14 DLR SC 276; Akbar Ali vs. Iftekhar PLD 1949 PC 339; Mazdar Hossain vs. Ministry of Finance 7 BLC (AD) 92, 43 DLR (..Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128
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