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James Finlay PLC and others Vs. Mahi Fish Processing Ltd. and others, 2009, 38 CLC (AD)
....tance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 124. ......raud upon the Court. The learned Counsel further submitted that according to section 124 of the Contract Act, 1872 which gives definition of contract of indemnity as, "A Contract for which one party to save the other from loss caused to him by the conduct of the promisor himself or by the co..Category: Business or Commercial Law | Date: | Hits: 178
Mohammad Mostafa alias Dayemuddin and another Vs. State, 2009, 38 CLC (AD)
....Sessions Judge, Laxmipur. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 150; 14 MLR (AD) (2009) 334. ......y. At that time accused Dayemuddin, Mostufa, Noor Nabi @ Shanu, Mahibullah and others forming unlawful assembly being armed with shol, cheni dao and lathi etc. went there and attacked the informant party by encircling them. Dayemuddin asked Fazle Karim, the elder brother of informant Abu Taher t..Category: Criminal Law | Date: | Hits: 50
Matiur Rahman Chowdhury Vs. Commissioner of Taxes, Dhaka, 2009, 38 CLC (AD)
....eputy Commissioner of Taxes was justified in estimating sale of papers and the appellate Additional Commissioner of Taxes was justified in confirming the estimate without pinpointing for specific defect? 6. The High Court Division, as it appears, answered the questions i......l, Division Bench-1, Dhaka, with further direction to dispose of the appeals, if made ready, preferably within six (6) months. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 305. ..Category: Fiscal/Taxation Law | Date: | Hits: 89
Joynal Abedin and others Vs. State, 2008, 37 CLC (AD)
....elow and this Court. In view of the above, we do not find any substance in the application which is, accordingly, dismissed. Ed. This Case is also Reported in: VI ADC (2009) 629. ...... his injury. 3. Syed Mahabubur Rahman, learned Advocate-on-Record, appearing for the accused submitted that the occurrence took place out of quarrel over pounding of an ox by the informant party for eating their paddy, so over such a trifling matter they had no common intention to c..Category: Criminal Law | Date: | Hits: 47
Md. Azizur Rahman Vs. Alatun Bewa alias Jahanara Bewa and others, 2008, 37 CLC (AD)
.... 3. The petitioner as pre-emptee contested the case by filing written objection denying the material allegations in the plaint stating, inter alia, that the case is barred by limitation, defect of parties and since pre-emptor did not pay the improvement cost in court it would be dismis......rrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 597. ..Category: Property Law | Date: | Hits: 26
Abdul Gafur Vs. Mariom Bibi and others, 2009, 38 CLC (AD)
.... of fact has been affirmed by the High Court Division. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 591. ......structed pucca houses and other structures and have been residing therein with the members of their family. 4. The predecessor-in-interest of the principal defendant appellants opposite party Nos.1-10 filed the suit for specific performance of contract. In that suit Ismail Miah ..Category: Property Law | Date: | Hits: 25
Mahbubur Rahman Miah Vs. MA Kabir Chowdhury and others, 2009, 38 CLC (AD)
....Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 573. ......bsp; 2. Short facts as placed before the High Court Division are that the opposite party challenged the impugned judgment and order dated 28.9.2005 passed by the learned Additional ..Category: Property Law | Date: | Hits: 25
City Bank Limited Vs. Judge, Artha Rin Adalat, Barisal and others, 2009, 38 CLC (AD)
....here is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 563. ......led an application in the above Artha Rin Suit No. 6 of 2006 under Order 1, Rule 10 of the Code of Civil Procedure read with section 57 of the Artha Rin Adalat Ain, 2003 praying for adding them as party in the above suit stating that the properties describes in schedule Kha (1) of both the suits..Category: Civil Law | Date: | Hits: 102
Noor Jahan Begum and another Vs. Golam Mostafa and others, 2009, 38 CLC (AD)
....e find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 558. ......he Senior Assistant Judge, 6th Court Dhaka in Title Suit No.221 of 2004 rejecting an application of respondent Nos.1-11 filed under Order I rule 10(2) of the Code of Civil Procedure for addition of party. 2. The facts of the case, in short, are that the land measuring 30 decimals in the C...Category: Property Law | Date: | Hits: 25
Janata Bank Vs. Mr. Fazlul Hoq and another, 2008, 37 CLC (AD)
....s on record. 5.The Administrative Appellate Tribunal held that the allegations brought against him the respondent accused were true but he cannot be deprived of the benefit of the procedural defect of the departmental proceeding brought against him as the provisions of Fundamental Rule 29 ......erials on record. We find no infirmity in the judgment of the Administrative Appellate Tribunal. The petition is dismissed. This Case is also Reported in: 14 MLR (AD) (2009) 217. ..Category: Administrative Law | Date: | Hits: 175
Land Acquisition Officer, Pabna & Ors Vs. Al-haj Md. Abdul Latif Biswas & anr, 2007, 36 CLC (AD)
....of the discussion made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 255. ......tatutory provision may waive it or allow the contract or transaction to proceed as though the stipulation or provision does not exist. Waiver of this kind depends upon consent and the fact that other party has acted upon it is sufficient consideration. Where the waiver is not express, it may be impl..Category: Alternative Dispute Resolution | Date: | Hits: 249
Bhaja Krishna Barman and others Vs. Sree Raghunath Chandra Barman, 2007, 36 CLC (AD)
....h the plaintiffs. 6.The trial Court on consideration of fact of preparation of the M.R.R. khatian arrived at the finding that the suit is not barred by limitation and that also not bad for defective of party. The trial Court in the background of the mortgage observed that the plaintiffs ......iffs. 6.The trial Court on consideration of fact of preparation of the M.R.R. khatian arrived at the finding that the suit is not barred by limitation and that also not bad for defective of party. The trial Court in the background of the mortgage observed that the plaintiffs have not come..Category: Property Law | Date: | Hits: 28
GM, Postal Insurance, Eastern Region, Dhaka and another Vs. A.B.M. Abu Taher, 2009, 38 CLC (AD)
....he appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 97; 29 BLD (AD) (2009) 56; VI ADC (2009) 512;6 LG (AD) (2009) 201. ......dgment pronounced by this court is normally final and should not be readily disturbed or interfered with by resorting to the exercise of the power of review except in the manner provided by law. A party is not entitled to seek a review of a judgment delivered by this court merely for the purpose..Category: Administrative Law | Date: | Hits: 159
M/S Yellow Pages (Pvt.) Ltd. Vs. M/S Business Data Information Ltd. and another, 2008, 37 CLC (AD)
....dgment. A review is by no means rehearing of the original matter. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 505. ......;Dhaka Yellow Pages" and the application was numbered as 75352 in class-16 as on 15.05.2003 and subsequently the said application was declared as abandoned at the instance of the opposite party No. 2 and that then the petitioner company filed an application for restoration of the a..Category: Intellectual Property Law | Date: | Hits: 329
Khurshida Begum and another Vs. Golam Mostafa and others, 2001, 30 CLC (AD)
.... principle 'here the other side' the same is not sustainable in law. In view of the discussions made herein above the appeal is allowed. Ed. This Case is also Reported in: II ADC (2005) 888.......t issuing any rule is held to be illegal and unfair". 8. The provisions in section 151 C.P.C and the section 561A Cr. P.C do not empower or authorize the court to make an order affecting the other party in the proceeding without hearing him or in other words in disregard of the time old maxim a..Category: Criminal Law | Date: | Hits: 37
Abdul Aziz and others Vs. State, 2004, 33 CLC (AD)
....n is dismissed and the Criminal Appeal No. 38 of 2003 is allowed in part modifying the conviction and sentence as aforesaid. Ed. This Case is also Reported in: II ADC (2005) 882. ......n No. 139 of 2001 submits that in view of the evidence on record, the prosecution case as to the common object of 9 accused persons being to cut the half riped paddy grown by the complainant party and in furtherance of that common object to trespassed into the disputed lands, cutting away..Category: Criminal Law | Date: | Hits: 35
Miss Shaheda Khaturi Vs. Administrative Appellate Tribunal, Dhaka and others, 1998, 27 CLC (AD)
....departs temporarily for any reason so that he remains a party to the deliberations and, therefore, competent to sign the judgment. Ed. This Case is also Reported in: II ADC (2005) 850. ......ars that absence of the Chairman or any other member is conceived in a situation where in the midst of a hearing by all the three members one departs temporarily for any reason so that he remains a party to the deliberations and, therefore, competent to sign the judgment. Ed. This Case..Category: Administrative Law | Date: | Hits: 110
Tambia Khatun Vs. Rafiqullah and ors., 1999, 28 CLC (AD)
....rt Division, allow this appeal and restore the Judgment and order of the lower appellate court. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 838. ......racting from, its terms." 14. In this case, the contest is between the pre-emptor and the pre-emtee as to whether the kabala in question was a sale or an ewaz. The pre-emptor was not a party to the document. She is perfectly at liberty to question the nature of the transaction and th..Category: Property Law | Date: | Hits: 66
Star Jute Mills Ltd. Vs. Chairman, Labour Court and others, 2005, 34 CLC (AD)
....e appeal is allowed without any order as to costs and the judgment and order passed in writ Petition No. 2016 of 1993 is set aside. Ed. This Case is also Reported in: II ADC (2005) 825. ......ondent No. 2 and that being so the order of dismissal dated 4.1.1993 was sought to be declared as being without jurisdiction and illegal. 4. After obtaining the order of dismissal the first party sent his grievance petition by registered post on 21.6.1992 but the second party (Jute Mills)..Category: Labour and Industrial Law | Date: | Hits: 251
Md. Nazir Hossain Khan and another Vs. Md. Mujal Mollah, 1998, 27 CLC (AD)
....fore in allowing the appeal without any order as to costs. The lower appellate Court's judgment and decree are restored. Ed. This Case is also Reported in: II ADC (2005) 822. ......impugned kabalas is not dispute. The lower appellate Court compared these signatures with the signatures of the plaintiff in the plaint, deposition and Ext. A. When the plaintiff himself is a party to some kabalas a purely declaratory suit is not maintainable. The plaintiff must seek furthe..Category: Property Law | Date: | Hits: 34