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Mokthar Masum Abedin and others Vs. Nironjan Kumar Mondol and others, 1997, 26 CLC (HCD)
.... analogy and disciplined by system. It is to be remembered that for effectual and complete adjudication and settlement of all the questions involved in the suit, a third party whose presence, even if unnecessary but proper, should be allowed to be added as a party if applied for. It is also to be lo......feree-petitioners question the propriety of the order dated August 2, 1993 passed by the learned Assistant Judge, Sathkhira in Title Suit No.4 of 1991 refusing to implead them as defendants in a Suit for declaration of title and confirmation of possession and also a declaration that kabala deeds dat..Category: Procedural Law | Date: | Hits: 74
...., reported in AIR 1981 SC 136, it was held:
"Non-observance of natural justice by itself causes prejudice to a party and proof of prejudice to a party and proof of prejudice independent thereof is unnecessary."
36. In "Law and Practice of International Commercial Arbitration' (Alan Redfern and......ocates - For the Respondent.
Arbitration Case No. 2 of 2006.
Judgment
Zubayer Rahman Chowdhury J. - This is an application under section 42 read with section 43 of the Arbitration Act, 2001 for setting aside the Award dated 8-4-2006 passed by the Arbitral Tribunal in an arbitration proceed..
Category: Alternative Dispute Resolution | Date: | Hits: 385
....ment in costly vexatious and oppressive litigations for an unworthy cause. Exts. 4 and 5 from the VP Case in question were admitted into evidence without any objection and, as such, it was absolutely unnecessary for the plaintiff to call for the records of the said VP case for proving the genuinenes......al, predecessor-in-interest of the petitioners as plaintiff, instituted a suit in the 3rd Court of Munsif Dhaka being Title Suit No.732 of 1981 subsequently re-numbered as Title Suit No.153 of 1984 before Munsif, Savar for declaration of his title in the suit land measuring 0.82 acre of nal land as ..
Category: Property Law | Date: | Hits: 111
Sonali Bank Vs. Mozaffor Hossain, 1997, 26 CLC (HCD)
....itten objection denying all the allegations made in the Miscellaneous Case and took the stand that the defendant, with a malafide motive, to cause delay of the disposal of the suit and also, to cause unnecessary harassment to the Bank, took adjournments after adjournments on false pleas. Further sta......ed in: 50 DLR (HCD) (1998) 174. ..Category: Procedural Law | Date: | Hits: 80
Al Baraka Bank Bangladesh Ltd. Vs. Rina Alam and another, 2004, 33 CLC (HCD)
....ded in writing return of the deed. But the bank did not reply. 17. He stated that the property of his wife was not mortgaged in connection with the loan of Coast Marine Line Ltd. His wife was made unnecessary party because she had no connection with Coast Marine Line Ltd. He saw the signature on ......cial Court at Dhaka in Title Suit No. 197 of 2001, which decreed the suit. 2. Respondent No.1 as plaintiff on 14‑7‑97 instituted Title Suit No. 208 of 97 against the appellant bank and another for a decree of declaration that the plaintiff owed no amount to said bank on account of any loan an..Category: Civil Law | Date: | Hits: 109
Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)
....does not satisfy the requirements of Order 38 rules 5, 6 and also can not be maintained for want of valid service of notices we do not propose to consider other contentions raised at the bar to avoid unnecessary exercise on those contentions. 17. For the above discussion, the appeal succeeds. Acc......pondent No.1. Md. Asadullah, Advocate - For the Respondent No.9. First Miscellaneous Appeal No.15 of 1996. Judgment AM Mahmudur Rahman J.- This Appeal is against the order of attachment before judgment dated November 27, 1995 passed by the learned Subordinate Judge, 2nd Court, Chittagong..Category: Procedural Law | Date: | Hits: 118
Abdur Rashid Chowdhury Vs. CA Hamid and Co. Ltd. and others, 2005, 34 CLC (HCD)
....empowers the Court to rectify the register if the name of any person is entered in or omitted from the register of members of the company 'without any sufficient cause’ or where there is default or unnecessary delay in entering in the register the fact of any person having become or ceased to be a....... Matter No. 105 of 2004. Judgment Md. Abdur Rashid J.- This application at the instance of one Abdur Rashid Chowdhury is made under section 43 of the Companies Act, 1994, in brief, the Act, for rectification of the register of members of a company. 2. The company is a private limited co..Category: Company Law | Date: | Hits: 232
....Constitution as an Election Commissioner, but some of them may be entitled to pension while others may not, which may create anomaly in their total receipt of payment for the same post and may create unnecessary discrimination. He further submits that the pension is a reward for the past services re......he monthly salary of the petitioner No.4 since March, 2003 and an Audit and Accounts Officer of the respondent No.1, by his letters dated 27‑7‑2003 (Annexure-C series) returned their salary bills for the month of July, 2003, refusing to make payments unless their gross pensions are adjusted. As ..
Category: Employment/Service Law | Date: | Hits: 99
AY Masihuzzaman Vs. Shah Alam & others, 1989, 18 CLC (HCD)
....ion in proceeding under section 144 of the Criminal Procedure Code by hurling defamatory invectives and then claim the benefit of protection." 18. This privilege thus, does not extend to making of unnecessary statement irrelevant for the purpose. In a proceeding of this nature, initiated beÂfore......ns 499 and 500 of the Bangladesh Penal Code. 2. Facts leading to this, in short, ate that the petitioner Mr. A.Y. Masihuzzaman, a Senior AdvoÂcate of this Court, filed a petition of complaint beÂfore the Chief Metropolitan Magistrate, Dhaka under section 499 and 500 of the Penal Code stating th..Category: Criminal Law | Date: | Hits: 77
Ayar @ Ayaruddin and others Vs. State, 2004, 33 CLC (HCD)
.... judgment or order appealed against. Where there are several accused in a case, and all of them prefer a joint appeal, only one copy of the judgment appealed against is required to be filed and it is unnecessary that there shall be distinct petition of appeal by each of the convicts separately accom......s on behalf of convicts in jail against their convictions and sentences under the general law as well as special laws. As these appeals involve almost common points of law, they are taken up together for disposal and this judgment would govern in all these appeals. 2. All but two appeals have bee..Category: Criminal Law | Date: | Hits: 73
Mohsena Begum Vs. Abdus Sattar being dead his heir Momtaz Begum, 1997, 26 CLC (HCD)
....no suit was filed at all principles involved are twofold. In the first place, it contemplates that a still-born suit should be properly buried at its reception so that no farther time is consumed and unnecessary expenses incurred on a fruitless litigation. Secondly, it gives that plaintiff a chance ......enior Assistant Judge, Sadar Dinajpur, in Other Class Suit No.325 of 1986 whereby the plaint of the suit was rejected under Order 7 rule 11 of the Code of Civil Procedure. 2. Short facts necessary for the disposal of the Rule are: Opposite party Abdus Sattar as plaintiff instituted a suit in ..Category: Property Law | Date: | Hits: 62
Anwarul Hoque (Md.) Vs. Golam Mahmud and Md. Mohsin, 1999, 18 CLC (HCD)
....efore any court subordinate to this court alleging commission of contempt of court is sent to this court without making any enquiry and finding prima fade case, then this court would be burdened with unnecessary business. Accordingly, the reference is rejected and the matter is disposed of with the ......-97. Operative portion of that order of the Court was as follows: “Ordered that the Misc. Case be allowed on contest with cost. The petitioner is to realise Taka 39,567.05 as due on 31-10-79 and for subsequent period the petitioner is entitled to realise interest at the rate of 5% till the real..Category: Criminal Law | Date: | Hits: 73
Bangladesh Sugar and Food Industries Corporation Vs. Md. Kashem and others, 2002, 31 CLC (HCD)
....otment' and 'allottee' cannot be synonymous to the terms 'lease' and 'lessee' as have been sought to have been argued by Mr. Haque. If the term 'allotment' is construed as 'lease' then it will create unnecessary legal complications. Allotment of a government plot or a house either it is a khas land ......gment and are disposed of by this single judgment. 2. The opposite party No. 1 (in both the Rules) filed Title Suit No. 144 of 1975 in the court of Subordinate Judge, 3rd court, Dhaka, on 3-9-1975 for declaration that the letter dated 25‑8‑1975 issued by the defendant No. 1 cancelling his le..Category: Property Law | Date: | Hits: 122
Aftabur Rahman Vs. State, 1993, 22 CLC (HCD)
....ed in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole. If he has not jurisdiction to try the case or (send) it for trial and considers further detention unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction: P......er dated 30.6.93 passed by the Chief Metropolitan Magistrate, Dhaka in Ramna PS case No.126(8)92 under sections 326/307/302/34 of the Penal Code remanding the accused petitioner in the Police custody for 3 days. 2. The aforesaid case was started at the instance of one Md. Abdul Halim Khan, SI of ..Category: Criminal Law | Date: | Hits: 87
....posing of the petitioners applications and could have also absorbed/appointed them as per the aforementioned clear laws prior to any fresh appointment, if they are not barred otherwise, causing their unnecessary sufferings and anxieties for a long time."
4. We have considered leave petition, the ......-For the Petitioners
Mahmudul Islam, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Respondent Nos. 1-6
Not represented- Respondent No.7-36.
Civil Petition for Leave to Appeal Nos. 2033 of 2009.
Judgment
Shah Abu Nayeem Mominur Rahman J. - Instant ap..
Category: Employment/Service Law | Date: | Hits: 62
....for ex parte hearing and it was disposed of ex parte decreeing the suit in terms of the impugned Order No.55 dated 22.06.2010. In such circumstances calling out the petitioners would be a fracial and unnecessary exercise and accordingly the Adalat did not record the word “ডাকিয়াâ€......p;I agree.
This Case is also Reported in: 64 DLR (HCD) (2012) 116.
..
Category: Civil Law | Date: | Hits: 147
....plication being made under this section for letters of administration of the estate of an exempted person the Court may refuse to grant letters of administration if it is satisfied that such grant is unnecessary for the protection of the assets; and in such case the Court shall make such order as to......i Lal Roy Chowdhury created a trust of an immovable property by a registered Instrument of Trust executed on 10th April, 1926 corresponding to 27th Chaitra 1332 BS and registered on 19th August, 1926 for the purpose of establishment of a charitable Trust to be named "Hemendra Lal Homocopathic Databy..
Category: Trust/Waqf Law | Date: | Hits: 183
....rn before filing of the application for settlement. The learned Counsel further submitted that the meanÂing of Section 152D(2)(a) of the Income Tax Ordinance, 1984 was wrongly interÂpreted and laid unnecessary emphasis on the expression 'has been paid' as used in sub-section 2(a) of Section 152D."......98 summarily rejecting the petition.
2. The facts involved in the writ petition, in short, are that the petitioner is a private limited company. It filed a return showing income at TK. 1,42,532.00 for the assessÂment year, 1994-95 but the Deputy Commissioner of Taxes, respondent No.2, completed ..
Category: Fiscal/Taxation Law | Date: | Hits: 113
Mahmud Ibne Abbas Vs. Begum Momtaz Hossain and another, 1991, 20 CLC (HCD)
....taken up by the contesting defendant. Under the circumstances I find that the local inspection of the gifted land as mentioned in the petition by the plaintiff‑petitioner was neither irrelevant nor unnecessary. Rather it appears that it is necessary to avoid future complication. In the result, ......ourt of Assistant Judge Dhaka where the suit was numbered as Title suit No.253 of 1988; rejecting the plaintiff petitioner's application under Order 39 rule 7 read with section 151 of the CPC praying for local inspection and a prayer for review of earlier order dated 5.3.90 by which the previous app..Category: Property Law | Date: | Hits: 80
....itioner did not submit any specific objection but instead applied for time to examine the correctness of the amount claimed by the Bank and that upon examination of record it appeared that by raising unnecessary objection the petitioner was delaying payment of Bank dues and speedy realisation of cla...... Ice Plant in the year 1980‑81 at Barkamta under Debidwar Police Station in the District of Comilla. For preserving potatoes in the Cold Storage the petitioner applied to the Bangladesh Krishi Bank for loan in March, 1981 and the Bank sanctioned an amount of Tk. 42 Lac which was repaid with intere..
Category: Civil Law | Date: | Hits: 99
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