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Most. Aleya Begum and others Vs. Rahima Begum and others, 2010, 39 CLC (AD)
....rced in any court of law. In the premises, we do not find any substance in the application. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 134.......itnesses he having received Tk.1,80,000/-executed the agreement and delivered possession of the suit property in favour of the plaintiff and further on the same date i.e. 10.04.1986 he executed a power of attorney appointing his uncle Safiuddin Bhuiyan as his attorney, which was registered o......ate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Mohammad Ali, Advocate-on-Record-For Respondent Nos. 1-5. Not represented-Respondent No. 6. Civil Petition for Leave to Appeal No. 2380 of 2009. (From the judgment and order dated 05.10.2009 passed by the High Cour......rced in any court of law. In the premises, we do not find any substance in the application. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 134...Category: Property Law | Date: | Hits: 61
Biplob Chandra Das and another Vs. Biren Chandra Das and others, 2000, 29 CLC (HCD)
....rnal property. In the case of Ram Chandra Das Vs. Md. Khalilur Rahman and another reported in 37 DLR (AD) 21 their Lordships have held as under: “A decree for specific performance of contract is discretionary and the court is not bound to grant such relief merely because it is lawful to do and ......de absolute. The judgment and decree of the appellate Court is set aside and those of the trial Court are restored. The suit is dismissed. Ed. This Case is also Reported in: 52 DLR (2000) 586. ......evidence that there was some dwelling huts of the defendants on the suit property comprising an area of 0.47 acre land. 3. It is the case of the plaintiffs that said Gouranga Chandra Das entered into an oral agreement to sell the suit land for Taka 10,000.00 only, to the plaintiff and accordingly......before passing a decree in a suit of this nature. The suit is for Specific Performance of Contract. It invites equitable relief unless and until the plaintiffs come with clean hands the court may not grant relief. 11. Here in this suit, the question of limitation is also very important because th..Category: Property Law | Date: | Hits: 108
Abul Kalam Azad (Md.) and 2 others Vs. State and others, 2000, 29 CLC (HCD)
.... of Thana Magistrate Chirirbandar are set aside. Communicate the order to the Magistrate concerned for hearing the matter at early date. Ed. This Case is also Reported in: 52 DLR (2000) 583. ......e learned Magistrate had no reasons to frame charge against the accused persons. Mr. Rahim has also pointed out that the learned Sessions Judge also was not correct in holding that the Court had wide powers to frame charge and, as such, the order of framing charge should be interfered. 4. The lea......Petitioners Vs. State and others ………….Opposite Party Judgment April 20, 2000. Lawyers Involved: Enayetur Rahim, Advocate—For the Petitioner. Md. Mustafa, Assistant Attorney-General—For the State. Criminal Miscellaneous Case No. 309 of 1998. Judgment Md. H...... of Thana Magistrate Chirirbandar are set aside. Communicate the order to the Magistrate concerned for hearing the matter at early date. Ed. This Case is also Reported in: 52 DLR (2000) 583. ..Category: Criminal Law | Date: | Hits: 67
KM Zakir Hossain Vs. Bangladesh Bank and others, 2000, 29 CLC (HCD)
....ion 45(2) of the Bank Companies Act the Bangladesh Bank has discretion to modify its own order or circular on a representation made to it or on its own motion. Mr. Rafiqu-ul Huq does not dispute this discretionary power of the Bangladesh Bank but objects to the arbitrary manner in which it has been ......claimed that there is no bar for further reschedulement of a case of this nature only because the Chairman of the Bank has personal interest in the borrowing company. The Bangladesh Bank has inherent power to use its discretion to the best interest of the banking business. It is further stated that ...... For the Respondent No. 4. Rokonuddin Mahmud, Advocate — For the Respondent No. 5. Writ Petition No. 4828 of 1999. Judgment KM Hasan J.- The Rule was issued calling upon the respondents to show cause as to why the Memo No.BRPD (P) 651/9(4)Kha/99-1575 dated 17-11-1999 (Annexure-A) issue...... আত্মীয়-স্বজনের নামে) and not to any loan to a company. Moreover, we find that the person to whom the loan is given must be a Director at the time when the loan was granted (ইতিমধ্যে প্রদত্ত). From the facts of the present case, it app..Category: Business or Commercial Law | Date: | Hits: 208
Md. Mobarak Hossain Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (AD)
.... express contract creating mutual rights and obligations, the parties are bound by it and the extraordinary jurisdiction of the High Court Division under Article 102 of the Constitution which is of discretionary nature cannot be allowed to be utilized for enforcing an obligation in departure from ......the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 835. ......ondents Judgment February 4, 2010. Lawyers Involved: Dr. M. Zahir, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Abdul Salam Mondal, Deputy Attorney-General instructed by Md. Mushfiqur Rahman, Advocate-on-Record-For the Respondents. Civil ......the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 835. ..Category: Others | Date: | Hits: 118
Anti-Corruption Commission Vs. Shamima Begum & others, 2009, 38CLC (AD)
....ve, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 277. ......ve, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 277. ......Abdul Matin J ABM Khairul Haque J Anti-Corruption Commission...........................Petitioner Vs. Shamima Begum & others. ...........................Respondents Judgment October 8, 2009. Lawyers Involved: Khurshid Alam Khan, Advocate instructed by Sufia Khatun, Advo......ve, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 277. ..Category: Fiscal/Taxation Law | Date: | Hits: 86
Awlad Ali Shiekh and others Vs. Bangladesh and others, 2010, 39 CLC (AD)
....ing of the matter, we regret, we find no merit in the review petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2011)121; 15 MLR (AD)(2010) 465. ......ing of the matter, we regret, we find no merit in the review petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2011)121; 15 MLR (AD)(2010) 465. ......itioners Vs. Bangladesh, represented by Deputy Commissioner, Gopalganj and others ......Respondents Judgment January 31, 2010. Result: The petition is dismissed. Case Referred to- 31 DLR (AD) 323. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by......ing of the matter, we regret, we find no merit in the review petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2011)121; 15 MLR (AD)(2010) 465. ..Category: Property Law | Date: | Hits: 80
Ayesha Khatun & others Vs. Rabindra Chandra Saha and others, 2006, 35 CLC (HCD)
....he question of law but also the question of fact and, if necessary to assess evidence for its own satisfaction, to see to what extent such failure of justice has been perpetuated. Revisional power is discretionary. It is to be exercised only to secure the ends of justice. The revisional Court may ca......of the appellate Court are vitiated by any error of law or of procedure which affected the merit of the case, in such a situation, the appellate Court committed an error of law. High Court Division's power does not include the power to review the evidence to come to a finding of its own. High Court ......tun & others……………………………………Petitioners Vs. Rabindra Chandra Saha and others ………………….Opposite Parties. Judgment May 18, 2006. Cases Referred to- Chan Mohamood (Md.) and others Vs. Md. Hossain, Ali 3 BLC 364; Kochi Mia @ Khocha Mia Vs. Su......as to costs and the impugned judgment of the leaned Additional District Judge is upheld and the suit is decreed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 641. ..Category: Property Law | Date: | Hits: 126
Hiru Mia Vs. State, 2005, 34 CLC (HCD)
....l appellant's custody before the conviction. Send down the records of the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 607........(2) It extends to the whole of Bangladesh, but in absence of any specific provision to the contrary, nothing herein contained shall affect any special law now in force or any special jurisdiction or power conferred or any special form of procedure prescribed by any other law for the time being in f......i J Md. Raisuddin J Hiru Mia……………………………..Jail Appellant Vs. State ………………………………….Respondent. Judgment June 14, 2005. Cases Referred to- Abdul Razzak Talukder Vs. State, 51 DLR 83; Gahena Vs State, 20 DLR (WP) 271; Kamruzzaman Vs......l appellant's custody before the conviction. Send down the records of the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 607...Category: Criminal Law | Date: | Hits: 63
Nurul Haque Sarker Vs. Janata Bank and others, 2006, 35 CLC (HCD)
.... is set aside and the learned Joint District Judge, First Court; Narayanganj is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 589. ......eral rule, a plaintiff as arbiter litis or dominus litis has a right to choose his own forum where there is more than one Court in which the suit can be filed. But the said right is controlled by the power vested in the superior Courts to transfer a case pending in one inferior Court to another or t......the learned District Judge, Narayanganj, in Civil Miscellaneous Case No. 111 of 2005 arising out of Money Suit No. 3 of 2004 transferring the same from the Court of Joint District Judge, First Court, to the Joint District Judge, 2nd Court, Narayanganj. 2. The plaintiff-opposite party-petitioner (......o a community rival to that of the applicant (iv) Mere fact that the Judge has decided a similar point in a previous case, (v) Mere balance of convenience to the applicant (vi) Refusal to grant adjournment (vii) Prejudice of a Judge against party's pleader not likely to affect the pa..Category: Civil Law | Date: | Hits: 92
Nurul Islam and others Vs. A Huq Munshi & others, 2006, 35 CLC (HCD)
....ned Subordinate Judge, First Court, Jhalakati, in Title Suit No. 52 of 1994 is upheld and the suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 538. ......interfere with the finding and the decision of the lower appellate Court. 35. The term "occasioning failure of justice" has a far-reaching significance it invests the High Court Division with wide power not only to go into the question of law but also to the question of fact. In search of fact an......hers....................................Petitioners Vs. A Huq Munshi & others …………………………………………Opposite Parties. Judgment May 25, 2006. Case Referred to- 45 DLR 391. Lawyers Involved: Abdul Quayum with Tapash Biswas, Advocates—For the Pet......ned Subordinate Judge, First Court, Jhalakati, in Title Suit No. 52 of 1994 is upheld and the suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 538. ..Category: Property Law | Date: | Hits: 70
Kazi Md. Shafiqur Rahman Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....Bichar-6/2N- 35/76 dated 25-4-2001 is declared to have been made without lawful authority and is of no legal effect. No order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 534.......f the Muslim Marriage and Divorce Rules 1975 and thereafter the respondent No. 1, appointed the respondent No. 6 as Nikah Registrar of No. 3, Raikot Union purely on temporary basis in exercise of the power under Rule 5(1) of the Rules, 1975. The respondent No. 1 after investigation by the local auth......5. Lawyers Involved: Shahabuddin Ahmad with Kazi Zinat Haque, Advocates—For the Petitioner. AFM Mesbahuddin with MA Gaffar Advocates—For Respondent No. 6. Sathika Hossain, Assistant Attorney-General—For Respondent No. 1. Writ Petition No. 1818 of 2001. Judgment Md. Awlad A......issued by the respondent No. 3 on 22-6-2000 asking the petitioner to submit reply to the District Registrar, Comilla within 10 days and that the petitioner acted as Nikah Registrar after the stay was granted by the High Court Division. 6. Mr. Shahabuddin Ahmad the learned Counsel appearing for th..Category: Employment/Service Law | Date: | Hits: 81
Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)
....t wants to and then, write out the judgment in the light of our observations made hereinbefore. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 392. ......a. He proved his signature on Exhibit C. 29. DW 4 Delwar Hossain proved Exhibit C. 30. DW 5 Mirza Kamrul Hasan who deposed on behalf of third defendant KEB. He testified on the basis of power of attorney given by KEB. He had no direct knowledge about the case. He deposed on the basis o......king Corporation, 31 NYS 2nd 631 (1941); Edward Owen Engineering Ltd Vs. Barclays Bank International Ltd. [1978] 1 Lloyd's Rep 166 = [1978] 1 All ER 976; Limited Trading Corporation SA and Murvay Clayton Ltd Vs. Allied Arab Banks, [1985] 22 Lloyd's Rep 554; Handerson Vs. Canadian Imperial Bank of Co......re making such payment." 114. In similar circumstances, following the Sztejn, Mr. Berger J in Handerson Vs. Canadian Imperial Bank of Commerce and Peat Mariwick Ltd, 40 British Columbia LR 318 granted injunction to stop the bank from making payment under a letter of credit. 115. Facts ..Category: Business or Commercial Law | Date: | Hits: 289
Category: Business or Commercial Law | Date: | Hits: 251
Huang Chia Hsiang Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ed to have been made without lawful authority and to be of no legal effect. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 58 DLR (2006) 503. ...... transporting fish; or require any person to produce any licence or other document required under this Ordinance or any rules made there under for examination. 12. Section 33(1) of the Ordinance empowers an authorized officer, where he has reasonable grounds to believe that an offence has been co......Huang Chia Hsiang………………………………………….Petitioner Vs. Government of Bangladesh and others………….Respondents. Judgment December 12, 2005. Cases Referred to- Dhaka Warehouse Ltd. Vs. Assistant Collector of Customs and others, 1991 BLD (AD) 227; Tapas......2000 and only one crew, Domingo Golina, pleaded guilty on behalf of all the crews who had made their alleged confessions by moving their heads as they did not know English. Be that as it may, without granting any adjournment of hearing on the prayer of the petitioner's representative Khair Ahmed and..Category: Admiralty Law or Maritime Law | Date: | Hits: 221
Shawkat Ali (Md.) and others Vs. Divisional Forest Officer and others, 2006, 35 CLC (HCD)
.... The orders of stay granted earlier by this Court stand vacated. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 58 DLR (2006) 487. ......ng functions in connection with the affairs of the Republic. In the year 1951 the then government framed Sylhet Forest Transit Rules, 1951 (hereinafter referred to as the Rules, 1951), in exercise of powers conferred by sections 41, 42 and 76 of the Forest Act, 1927 (Act XVI of 1927) enforced in the......id Ahmed J Shawkat Ali (Md.) and others……………………Petitioners Vs. Divisional Forest Officer and others………..Respondents. Judgment February 16, 2006. Cases Referred to- Jibendra Kishore Vs. East Pakistan, 9 DLR (SC) 21; Oali Ahad Vs. Government of Bangladesh, 2......icer, on 10-2-2000 issued letter asking the petitioner to close down the saw-mill within 180 days because it was in contravention of the Rules of 1998 and, as such, no renewal of the said licence was granted to the petitioner. The petitioner was given sufficient opportunity to defend himself and the..Category: Environmental Law | Date: | Hits: 551
Ashique Jeans Apparels Ltd and another Vs. National Board of Revenue and another, 2005, 34 CLC (HCD)
.... section 46 is to encourage more new undertakings to be established. However, there will be no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 478, 26 BLD (HCD) (2006) 324. ...... section 46 is to encourage more new undertakings to be established. However, there will be no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 478, 26 BLD (HCD) (2006) 324. ......l Hafiz J Ashique Jeans Apparels Ltd and another…………..Petitioners Vs. National Board of Revenue and another... ……….Respondents. Judgment April 13, 2005. Cases Referred to- Commissioner of Income Tax, Bombay City 1 Vs. Asbestos, Magnesia & Friction Materials Lt......rnish further documents which the petitioner duly furnished through its letter dated 10-12-2000. The National Board of Revenue then by letter dated 21-12-2000 regretted and expressed its inability to grant tax holiday to the petitioners contending that the applicant has installed at its factory 45 o..Category: Fiscal/Taxation Law | Date: | Hits: 93
Category: Environmental Law | Date: | Hits: 484
Nazrul Islam (Md.) and another Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ent that the petitioners can still vindicate their grievance through arbitration as contained in the contract. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 431.......ent that the petitioners can still vindicate their grievance through arbitration as contained in the contract. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 431.......……………………………….Petitioners Vs. Government of Bangladesh and others……………………………………..Respondents. Judgment June 26, 2005. Case Referred to- Bangladesh Power Development Board and others Vs. Md. Asaduzzaman Sikder 9 BLC (AD) 1. L......ent that the petitioners can still vindicate their grievance through arbitration as contained in the contract. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 431...Category: Business or Commercial Law | Date: | Hits: 186
Sk Md. Tariqul Alam and another Vs. ATM Matiul Islam, 2006, 35 CLC (HCD)
.... long standing practice otherwise sound and reasonable, and it does not call for any departure." 15. Although the Limitation Act does not provide for any specific period of limitation for invoking discretionary jurisdiction of the High Court Division under section 115 of the Code of Civil Procedu......standing practice one has to file it without causing inordinate delay. In an appropriate case High Court Division may suo motu exercise such jurisdiction. 17. Section 5 of the Limitation Act has empowered to allow an application for a revision beyond the period of limitation if the petitioner can...... Md. Tariqul Alam and another…………………Petitioners Vs. ATM Matiul Islam…………………………………………Opposite Party. Judgment April 4, 2006. Cases Referred to- Additional Deputy Commissioner (Rev.) and Assistant Custodian, Vested Property Vs. Md. Abdul......lt, the Rule is made absolute without any order as to cost and the delay of 285 days in filing the revisional application is hereby condoned. Ed. This Case is also Reported in: 58 DLR (2006) 425...Category: Procedural Law | Date: | Hits: 116