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Agrani Bank and other Vs. Essential Garments Ltd. and others, 2006, 35 CLC (AD)
....petition. 23. In the background of our discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to cost. Ed. ...... to granting of the entire reliefs) sought for in the substantive petition and in granting ad interim relief or in making ad interim order the High Court Division is to consider the conduct of the party seeking ad interim relief or asking for ad interim order and also to consider whether ad int..Category: Banking Law | Date: | Hits: 121
Abdul Mannan Vs. Tayeb Ali and others, 2006, 35 CLC (AD)
.... to some usage having the force of law; (b) the decision having failed to determine some material issue of law or usage having the force of law; (c) a substantial error or defect in the procedure provided by this Code or by any other law for the time being in force, whi......rit. 16. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ..Category: Property Law | Date: | Hits: 66
Bangladesh Telecommunication Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
....ns aforesaid, with the above observations the appeals are, accordingly, allowed without any order as to costs. The impugned judgment and orders of the High Court Division are hereby set aside. Ed. ......ng: (a) any vehicle, vessel, aircraft or satellite; (b) any platform, rig or other structure that is flexed in the sea or attached to the submarine land: Provided that if Bangladesh is a party to an international treaty, or an arrangement of similar nature in relation to a foreign v..Category: Information Technology Law | Date: | Hits: 266
Yogeshwar Gope Vs. State, 2005, 34 CLC (AD)
.... In view of the discussion made above we do not find any substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 982; 11 MLR (AD) 2006, 226. ......rded or discredited only for absence of blood at the place of occurrence. There may be various reasons for not finding blood on the place of occurrence, which was not seriously attempted to by either party to unearth. Similarly, failure of the prosecution to prove the motive as imputed by it wil..Category: Criminal Law | Date: | Hits: 47
Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)
....aka 3,000 in favour of the plaintiff-respondent No. 1 within two months from the date of receipt of this order by the trial Court, in default, this appeal shall stand dismissed. Ed. ......ly recorded in the name of the Government, that is, in the name of Food Department. 4. During pendency of the suit the plaintiff-respondent amended the plaint and petitioner No. 1 was made party and order was passed directing to issue summons upon the said petitioner and others and accor..Category: Property Law | Date: | Hits: 66
State Vs. Wasikur Rahman and other, 2005, 34 CLC (AD)
....n @ Mosfeq, son of Sk Atiar Rahman, Village-Basu Para Atim Khana Goli, PS Sonadangah, District-Khulna, be set at liberty at once, if not wanted in any other matter. This Case is also Reported in: ......on the evidence of PW 17 as a substantive piece of evidence on the manner of occurrence, because PW 17 was not an eye-witness. The High Court Division commented about the enmity between the informant party and the accused respondents and most illegally drew the inference in favour of the defence by ..Category: Criminal Law | Date: | Hits: 67
Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)
....decisions arrived at by the High Court Division. For all the above reasons, we find no substance in these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ......Tenancy Act, 1950 (XXVIII of 1951), section 81(1) The Constitution of Bangladesh, 1972, Article 102 A registered deed of settlement cannot be cancelled uniterally without hearing the affected party. The writ petitioner-respondents were granted settlement by writ petitioner-respondent no...Category: Property Law | Date: | Hits: 77
Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
....r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ......property the appellant filed Title Suit No. 596 of 1978 before learned Subordinate Judge, 1st Court, Dhaka for specific performance of contract in which respondent No.2 Government of Bangladesh was a party. The suit was decreed ex parte on 8-11-79 against which respondent No. 2 filed Miscellaneous C..Category: Property Law | Date: | Hits: 108
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
.... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ...... slow but nevertheless they were allowed to function uninterrupted, no matter with scanty resources and limited powers. But since Independence from the British rule, these institutions fell victim to party politics or evil designs of autocratic regimes, passed through the ordeal of supersession, dis..Category: Constitutional Law | Date: | Hits: 655
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
.... prove that defendants have been in illegal possession of the suit land". The defendants put up new grounds at the time of argument of the case viz, that the suit was bad for defect of parties, and that the suit abated as some of the parties had died long before, and that ......r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ..Category: Criminal Law | Date: | Hits: 141
Controller of Examinations, University of Dhaka and others Vs. Mahinuddin & ors, 1992, 21 CLC (AD)
....minees who did not challenge it is sustainable in law. Obvious answer is in the negative. Parties will bear their own cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ......t the petitioner may not get the relief from the Syndicate, as such alternative remedy by way of appeal is not efficacious". If an appeal is filed under Article 52 the Syndicate will be necessarily a party to the appeal as against the aggrieved examinees who will be the appellants. Article 52 has si..Category: Constitutional Law | Date: | Hits: 169
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
.... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ...... matter. 32. With regard to interest Mr. Syed Ishtiaq Ahmed submits that payment of interest is provided for in Article 25 of the Tender Document which is as follows: "Should the 2nd party (University) fail to pay the sum named in any certificate for payment issued by the Engineer ..Category: Alternative Dispute Resolution | Date: | Hits: 202
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ......he plot in question with the permission of RAJUK, which had knowledge, of the allegedly false affidavit at the time of granting permission to transfer on 25.1.86, and the appellant being neither a party to the alleged fraud or misrepresentation and being a bona fide purchaser for value without a..Category: Property Law | Date: | Hits: 110
State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
....ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ......ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ..Category: Criminal Law | Date: | Hits: 93
Sheikh Ibrahim & others Vs. Nazma Begum, 1992, 21 CLC (AD)
....the High Court Division on such an important matter relating to Mohammadan Law. We do not find any reason for expressing any doubt about the matter. The petition is dismissed. Ed. ......4) was filed in the Third Court of Subordinate Judge, Dhaka, by the petitioners. Respondent, Nazma Begum appeared and claiming to be one of the heirs of her grandfather filed an application to be a party to the Succession Certificate Case, she claimed 1-1/13 share in the money under the Successio..Category: Others | Date: | Hits: 93
Rafiqul Islam Vs. State, 1992, 21 CLC (AD)
....ich the appellant did not share. In the result, the appeal is allowed. The appellant is acquitted. Let him be released at once if not wanted in connection with any other case. Ed. ......1977 the accused Shahid and Mansur Ali staged a musical performance at the along of Salimabad, and as it was done without permission of the government there was an altercation between the informant party and the accused. On the following morning PW 1 went to the market and opened his grocery shop..Category: Criminal Law | Date: | Hits: 65
Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 1992, 21 CLC (AD)
....matter the decree passed in the suit is void. The result, therefore, is that this appeal is allowed, the impugned decree is set aside and the suit is dismissed. No order as to cost. Ed. ......wspaper (1919 AC 368), where it was observed: "Where the statute creates a liability not existing at common law, and gives also a particular remedy for enforcing it .........the party must adopt the form of remedy given by the statute". This principle has been..Category: Administrative Law | Date: | Hits: 130
Sonali Bank and others Vs. Gazi Abdur Rashid and others, 1992, 21 CLC (AD)
....not allowed but we allow interest on the decretal sum of Tk. 15,39,300.00 @ 7.1/2% per annum from the date of the institution of the suit upto the date of decree of this Court. Ed. ...... simpliciter from the Local office to the Khulna Branch of the Bank. The submission has no foundational basis. 21. Ext. W is an arbitration award. Defendant No. 6 Serajul Huq as first party claimed to be the importer of the, Consignment in question. The plaintiff as first party clai..Category: Business or Commercial Law | Date: | Hits: 99
Subash Chandra Halder & another Vs. Abdul Bari & others, 1992, 21 CLC (AD)
....hus cannot be sustained. The order is, accordingly, set aside. The appeal is allowed without any order as to Cost. Ed. This Case is also Reported in: (1992) 12 BLD (AD) 174; 44 DLR (AD) 253. ..........Plaintiff-Appellants Vs. Abdul Bari & others ..................Defendant-Respondents Judgment April 12, 1992. Result: The appeal is allowed. A court may, however, add a party even at the revision stage in a proper case and the minimum that is required to be found in su..Category: Property Law | Date: | Hits: 67
Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)
....is outside of the net. For the above reasons we find no ment in the appeal. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 247. ......id dues the appellants cannot obtain a decree for specific performance of contract. By filing an additional written statement defendant No. 2 stated that the suit property having been sold to a third party in the said certificate case and the appellants having paid no heed to the earlier written sta..Category: Property Law | Date: | Hits: 82
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