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Santipada Datta & others Vs. Satish Chandra Das and others, 2002, 31 CLC (AD)
....out any order as to costs and the suit is decreed without any costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 173. ...... possession at the moment adverse possession begins.” 13. In the case of Ejaz Ali Qidwai vs. Special Manager Court of Wards, Bulrampur Estate AIR 1935 PC 53 the principle of adverse possession was laid when “a person, who bases his title on adverse poss......the principle of adverse possession was laid when “a person, who bases his title on adverse possession by clear and unequivocal evidence that his possession was hostile to the real owner and amounted to a denial of his title to the property claimed.” 14. In ..Category: Property Law | Date: | Hits: 53
Bangladesh Biman Corporation & others Vs. Md. Yousuf Haroon & others, 2002, 31 CLC (AD)
....d without any order as to cost. Order of the Court By a majority decision the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 161. ...... him under section 9(2) of the said Act and as a public servant he could be retired by the President of Bangladesh. No notice to show cause was served on him before his retirement in violation of the principle of natural justice. Such deprivation is discriminatory, arbitrary and malafide and violati......d without any order as to cost. Order of the Court By a majority decision the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 161. ..Category: Employment/Service Law | Date: | Hits: 186
Bangladesh Vs. Md. Naziur Rahman and others, 2002, 31 CLC (AD)
...., and the same is accordingly dismissed. Stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 157. ......, and the same is accordingly dismissed. Stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 157. ......entence of imprisonment was reduced to imprisonment already undergone but the imprisonment of fine was maintained. Thereafter the detenu surrendered before the court below and then 50% of the fine amount was paid which was accepted by the court but the detenu could not be released as an order of..Category: Criminal Law | Date: | Hits: 66
Delower Hossain Khan Vs. State, 2002, 31 CLC (AD)
....tance in the petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 101. ......in the submission of the learned Advocate for the petitioner that for non-framing two separate charges for the two murders the trial of the petitioner was vitiated. However, regard being had to the principle laid down in the reported cases referred to by the learned Advocate for the petitioner, ......tance in the petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 101. ..Category: Criminal Law | Date: | Hits: 76
Government of Bangladesh and others Vs. Bibi Marium and other, 2002, 31 CLC (AD)
....ause delay to the prejudice to the parties. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 100. ......ut lawful authority. 3. Admittedly the Court of Settlement was not properly constituted while passing the impugned judgment and, as such, under the provision of law and the principle of the decision in the case of Fatema Begum vs. Bangladesh, 42 DLR 342 the judgment suff......ause delay to the prejudice to the parties. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 100. ..Category: Property Law | Date: | Hits: 46
Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)
....he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ......on in the case of Tata Cellular vs. Union of India, reported in AIR 1966 (SC) 11 where in a situation like the instant one the Supreme Court of India has observed: “It cannot be denied that the principles of judicial review would apply to the exercise of contractual powers by Government bodies......it jurisdiction. Thus under the terms and conditions of the contract the moment a bidder submits a bid both bidder and purchaser are bound under the bidding terms and any breach of that obviously amounts to breach of contract. Furthermore, the petitioner is admittedly a responsive bidder so far ..Category: Others | Date: | Hits: 130
Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd. and ors., 2002, 31 CLC (AD)
....dit in this suit concerning dispute between the buyer and seller. The petition dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89. ...... pass an order of attachment before judgment against the proceeds of the letter of credit payable to a supplier by a commercial bank for any alleged dispute between the buyer and the seller, which principle have been followed in respect of international transaction under the international bankin......ass an order attaching his property.” 9. Thus it is sine-qua-non that a notice should be issued to the defendant Nos. 1 and 2 who are the beneficiaries of the amount under the letter of credit sought to be attached, before an order of attachment is made in e..Category: Civil Law | Date: | Hits: 115
Bangabir Kader Siddiqui, Bir Uttam Vs. Government of Bangladesh, 2002, 31 CLC (AD)
..... There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 64. ......aw headed by a member of the ruling party did not forward the names of the judicial officers who were earlier named by the Election Commission but instead submitted a list of others by adopting the principle of pick and choose thereby interfering with the independent choice made by the Election ....... There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 64. ..Category: Election Law | Date: | Hits: 158
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ......ommon people for mitigating their common grievance but is representing a vested quarter who are utilising this writ petitioner. In support of their claim the learned Advocate placed reliance on the principle of law enunciated in Dr. Mohiuddin Farooque’s case reported in 49 DLR (AD) 1. It ap......ly and the High Court Division has done this. He further submits that money received by the BRAC for charitable purposes can never be used other than for the purpose for which it was received. The amount received for charitable purposes cannot be alienated. If the money is invested in a bank and..Category: Constitutional Law | Date: | Hits: 199
Government of Bangladesh Vs. Ramananda Sarker, 2002, 31 CLC (AD)
.... wronged. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 35. ......ment Pleader is good service on the Government.(8) The Limitation Act, 1908 (IX of 1908), Article 95 Article 95 of the Limitation Act in its first schedule set out the principle for nullifying a decree obtained by fraud or such other relief gained out of fraud. ...... wronged. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 35. ..Category: Procedural Law | Date: | Hits: 97
Osman Gani Vs. State, 2002, 31 CLC (AD)
.... appellant and acquit him. The appellant be set at liberty if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 34. ......p; Judgment August 18, 1999. The Penal Code, 1860 (XLV of 1860) Section 304 Circumstantial Evidence The principle of circumstantial evidence to prove the guilt of an accused is that all the circumstances...... appellant and acquit him. The appellant be set at liberty if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 34. ..Category: Criminal Law | Date: | Hits: 55
Commissioner of Taxes, Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, 2002, 31 CLC (AD)
.... The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 23. ...... The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 23. ......ployee as bonus or commission for services rendered, whether such sum would not have been payable to him as profits or dividend if it had not been paid as bonus or commission: Provided that the amount of the bonus or commission is of a reasonable amount with reference to— ..Category: Fiscal/Taxation Law | Date: | Hits: 66
Akbar Hossain (Md) Vs. MD, Agrani Bank and others, 2002, 31 CLC (AD)
.... In view of the above, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 21. ......cted. An application of the petitioner before the Managing Director to reinstate was of no effect whereupon the petitioner sent a notice alleging his wrongful dismissal from service in violation of principle of natural justice. The defendant denied the allegation stating that the reply to the cha...... In view of the above, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 21. ..Category: Employment/Service Law | Date: | Hits: 83
Government of Bangladesh and other Vs. Nidhi Ram Moni and others, 2002, 31 CLC (AD)
....e High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 14. ......ity in the order of Additional Deputy Commissioner (Revenue) to lease out the case land of the petitioner till decision by the civil Court. 6. Furthermore, it is now a settled principle of law that since a co-sharer of a vested property has a preferential claim to lease than......e High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 14. ..Category: Property Law | Date: | Hits: 43
Khairullah (Md) Vs. ADC (Revenue) and another, 2001, 30 CLC (AD)
.... Court Division in exercising the discretion. There is therefore no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 13. ......n the question of issuance of the Rule if any. 4. Mr. Zahedul Bari, learned Advocate appearing on behalf of the petitioner, submits that the High Court Division condoned the delay against settled principle of law and thereby committed an illegality. He submits that there was apparent negligence ...... Court Division in exercising the discretion. There is therefore no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 13. ..Category: Procedural Law | Date: | Hits: 121
S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)
....that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ......Mr. Prabir Kumar Neogi, learned Advocate appearing for the respondent Nos. 1 to 5 opposed the petition submitting, inter alia, that the bank is admittedly a private bank and as such the principle of master and servant applies in case of regulating the services of the employees of the ......Tk.1,00,000/- but in fact it ought to have been made for Tk. 100/- and that the mistake was inadvertent and was detected later and subsequently the beneficiary of the pay order deposited the entire amount of Tk.1,00,000/- and thus the bank was saved from financial loss but the bank initiated dis..Category: Employment/Service Law | Date: | Hits: 78
Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)
..... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ....... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ....... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 77
M/S. Noor Crokaries and another Vs. Islami Bank Bangladesh Ltd. and others, 2006, 35 CLC (AD)
....ourt Division has rightly passed the impugned order and no interference is called for. In the aforesaid, premises, we find no merit in this petition and accordingly, it is dismissed. Ed. ......ourt Division has rightly passed the impugned order and no interference is called for. In the aforesaid, premises, we find no merit in this petition and accordingly, it is dismissed. Ed. ......the statements made in the plaint. 4. The trial court decreed the suit and against which the petitioner could not prefer any appeal before the High Court Division paying 50% of the decretal amount and without filing an appeal, the petitioner filed Writ-petition before the High Court Divis..Category: Banking Law | Date: | Hits: 120
Government of the People’s Republic of Bangladesh Vs. Abdur Rahman and others, 2006, 35 CLC (AD)
....itration Appellate Tribunal. In view of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with cost to be paid by the appellant No. 1. Ed.......itration Appellate Tribunal. In view of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with cost to be paid by the appellant No. 1. Ed.......tioned the Arbitration Appellate Tribunal set aside the judgment and order of the Arbitrator on the finding that the Arbitrator passed the award in the arbitration revision case awarding award for an amount which was more than 10% of the amount awarded by the Deputy Commissioner in respect of the la..Category: Property Law | Date: | Hits: 58
Md. Anarul Islam and others Vs. State and another, 2006, 35 CLC (AD)
....he company may proceed against the accused-appellants for the allegations in the petition of complaint in the appropriate forum and in accordance with law. Ed. This Case is also Reported in: ......ourt granted leave to consider as under: "Learned Advocate for the petitioners submits that relationship between the complainant and the accused being of Directors of a private Limited Company principles of partnership shall apply and as such spending money by petitioner No.1 as Managing Dire...... The Code of Criminal Procedure, 1898 (V of 1898), Section 561A The Penal Code (XLV of 1860), Sections 406 & 420. A partner can not be alleged to have misappropriated or cheated when an amount was entrusted to the accused for the partnership business. The Managing Director and Director..Category: Criminal Law | Date: | Hits: 50
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