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Shamsul Haque (Md) Vs. Amina Khatun and others, 2004, 33 CLC (AD)
....itten objection denying the material allegations made in the application for pre‑emption and further contended, inter alia, that the case was not maintainable in its present form and frame, bad for defect of parties and barred by limitation. The substantive case of the pre-emptees, in short, is th......e‑emptor filed Miscellaneous Case No.180 of 1982 in the 2nd Court of Assistant Judge, Rangpur for pre‑emption of the case land stating, inter alia, that the predecessor-in‑ interest of opposite party Nos.2 and 3 transferred the case land by a kabala dated 24‑3Â1-980 (registered on 26‑7‑..Category: Civil Law | Date: 31 Aug, 2004 | Hits: 156
Bangladesh Jute Corporation Vs. AB Jute Ltd, 2004, 33 CLC (HCD)
.... Awards dated 2‑5‑95 and 24‑6‑96 are accordingly set aside. Send down the records. Ed. This Case is also Reported in: 57 DLR (2005) 663. ......another, AIR 1975 SC 230. 19. In reply, Mr. Fazlul Karim submitted that existence of an arbitration agreement is so fundamental to an arbitration proceeding that by no sort of participation by a party in any arbitration proceeding and/or submission before the arbitrator would validate an arbitr..Category: Arbitration Law | Date: 18 Aug, 2004 | Hits: 8
Yusuf Chowdhury (Md.) Vs. Administrator of Waqf and others, 2004, 33 CLC (HCD)
....nd of CS plot No.609 appertaining to CS Khatian Nos.208/198 was not waqf is thereby upheld. Send down the LC Record. Ed. This Case is also Reported in: 57 DLR (2005) 738. ......shid to argue on behalf of the appellant who was already dead and the appeal abated long back. 17. On behalf of said appellant one Jahangir Alam Choudhury has made an application for addition of party. In the application, it is stated that the appellant Motahar Hossain Choudhury died on 6‑11â..Category: Trust/Waqf Law | Date: 11 Aug, 2004 | Hits: 1
....rculate the judgment to all banks for guidance.
Parties are directed to bear their own cost.
Send down the records at once.
Ed.
This Case is also Reported in: 57 DLR (2005) 643.
......ndant Bangthai company is a joint venture of Bangthai Company Bangladesh and said Chanfakol Industries. Having full knowledge, the bank did not obtain any guarantee from said Chanfakol and make him a party in the suit. Had said Taka 29,12,845 not been remitted, then Taka 8,77,303.49 would have been ..
Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4
SM Salim Vs. Chairman, Chittagong Club Ltd. and others, 2005, 34 CLC (AD)
....eads to support the allegation of the first party that the termination was, in fact, a victimisation for his trade union activities. These petitions are accordingly dismissed. Ed. ...... 3386 of 2000 respectively). Judgment Md. Fazlul Karim J.- The first party petitioner seeks leave to appeal against the impugned judgment and order dated 3‑12..Category: Employment/Service Law | Date: 1 Aug, 2004 | Hits: 100
Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)
....ellant. If no deposit is made within that period the appeal stands dismissed. Let the lower Courts records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 310. ......etween the plaintiffs and the appellant and there was no power of attorney to execute the same on their behalf. In view of the provisions of section 27 of the Specific Relief Act plaintiffs not being party to the agreement or persons claiming through or under such person the learned Subordinate Judg..Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....t No.5 of 1985 is hereby upheld. Send down the lower Court's Record at once. Ed. This Case is also Reported in: 57 DLR (2005) 702. ......plaintiff has re-filed it by amending the plaint in the Court of the Subordinate Judge. Thakurgaon and the suit has been registered as the Other Suit No.5 of 1984 and during trial of the case neither party adduced any additional evidence, but relied upon the evidence recorded earlier in the Other Cl..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
Chairman, RAJUK Vs. MN Alam and Associates Limited, 2004, 33 CLC (HCD)
....f stay granted at the time of issue of the Rule on 4‑9‑02 is recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 626. ......2004. Result: The Appeal is allowed and Rule is disposed of. In the circumstances and on the failure of the parties to concur in the appointment of an arbitrator, only course open to a party to the contract was to move the Court under section 8(1)(a) of the Act for appointment of an a..Category: Arbitration Law | Date: 27 Jul, 2004 | Hits: 8
MM Ishak Vs. State and another, 2004, 33 CLC (HCD)
.... Nari‑o‑Shishu Nirjatan Daman Tribunal No. 4, Dhaka, is hereby quashed. Communicate this judgment to the concerned Tribunal at once. Ed. This Case is also Reported in: 56 DLR (2004) 516. ...... the questions of law and facts involved therein are same, the Rules have been heard together and are being disposed of by this judgment. 2. The short facts leading to the Rules are that, opposite party No. 2 of Criminal Miscellaneous Case No. 426/2004, Silvia Akter Nazma filed a petition of comp..Category: Women and Children | Date: 25 Jul, 2004 | Hits: 156
....ion the Rule is discharged.
Sent down the Lower Court Records along with a copy of this judgment to the concerned court at once.
Ed.
This Case is also Reported in: 57 DLR (2005) 603.
......d. Afsar Hossain, Assistant Attorney-General‑ For Opposite Party No.1.
Criminal Revision No.714 of 2001.
Judgment
Md. Anwarul Haque J.- This Rule was issued calling upon the opposite party as to why the impugned judgment and order dated 26‑9‑2001 passed by the learned Metropolit..
Category: Banking Law, Criminal Law | Date: 19 Jul, 2004 | Hits: 3
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
....f the trial Court restored. The suit is decreed as prayed for. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 774. ......ded proof from her that she did not execute and register the deeds when the definite case of the plaintiff is that she did not execute and register the deeds in question. A Court cannot demand from a party to prove a negative fact. 27. Both the Courts below are found to have dwelt upon the repo..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
Mukul Vs. State, 2004, 33 CLC (AD)
.... 22. In the background of our discussions made hereinabove as review cannot be granted for merely reexamination of the same argument, the petition for review is dismissed. Ed. ......rtant aspect of the matter has not been considered, that a review petition will lie. It is a remedy to be used only in exceptional circumstances". 16. Review is not available to a party when a case has been fully heard and a decision given on all available material. The party a..Category: Criminal Law | Date: 10 Jul, 2004 | Hits: 100
Oriental Bank Ltd. Vs. Rina Alam and another, 2004, 33 CLC (AD)
.... by the principle of res judicata. 5. The trial Court on the pleading framed the following issues for determination: 1. Was the suit in the present form maintainable? 2. Was the suit bad for defect of parties? 3. Had the plaintiff mortgaged the property covered by schedule deed against t......nsel for the petitioner to interfere with the impugned judgment of the High Court Division. This petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 51. ..Category: Civil Law | Date: 5 Jul, 2004 | Hits: 171
Roquib Mohammad Fakrul alias Rocky Vs. Md. Abdul Kashem & ors., 2004, 33 CLC (AD)
.... not find any error of law in the said judgment. For the reasons mentioned above, the appeal appears to be bereft of any sustenance. The appeal is, therefore, dismissed. Ed. ......mits, inter alia, that there being no apprehension or doubt expressed about the fairness or impartiality of the trial in the Court of Sessions. Judge at Munshiganj and the prosecution or any other party not taking any initiative for transferring the case on any such ground and that a case has to..Category: Criminal Law | Date: 30 Jun, 2004 | Hits: 80
Abdul Mumin alias Tanu Miah Vs. Mahfujur Rahman and othÂers, 2004, 33 CLC (AD)
....on of the land transferred by the heir of Abdul Ghani to the pre-emptees. Accordingly all the appeals are dismissed There is no order as to cost. Ed. This Case is alsoReported in: 1 ADC (2004) 515.......n. Thepre-emptees, contended that they had effected improvement of the disputed land. 4. The trial Court allowed the prayer for pre emption on the finding that the pre-emptor and the seller opposite party are co-sharers of the khatian and that pre-emptees failed to estabÂlish that there had been p..Category: Property Law | Date: 28 Jun, 2004 | Hits: 43
ACI Ltd Vs. Square Pharmaceuticals Ltd. and another, 2004, 33 CLC (HCD)
.... by 23 August 2004 positively. 16. Parties will maintain status quo as of today till then. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 335. ......ure against an Order dated 14‑5‑03 passed by Additional District Judge. Court No.2 at Pabna in Miscellaneous Appeal No.22 of 2003, which dismissed the appeal as not maintainable. 2. Opposite party No.1 as plaintiff instituted Title Suit No.146 of 2003 in the Court of Senior Assistant Judge ..Category: Civil Law | Date: 23 Jun, 2004 | Hits: 1
....ot find any reason to interfere with the judgment and order of the High Court Division.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:56 DLR (AD) 166.
......3(1) and 3(4) of the Act barring the Court from granting an order of injunction is limited in application as to the arbitration being held in Bangladesh, but not as to matter restraining a particular party from proceeding with arbitration in foreign country in respect of a contract signed in Banglad..
Category: Civil Law | Date: 21 Jun, 2004 | Hits: 321
Abdul Gaffar Chowdhury Vs. Joint District Judge and Artha Rin Adalat & others, 2004, 33 CLC (HCD)
....er has come to know of the suit and the preliminary decree very recently and the petitioner felt aggrieved that he was not given an opportunity to contest the suit. The summons that was published was defective and therefore the decree passed was an irregular decree and illegal one. It is contended t......f Civil Procedure it would be apparent, that due service of summons is an essential condition, which must be satisfied before the Court can proceed to give a judgment and under Order IX, rule 13 if a party satisfies a Court that summons were not duly served upon him, the Court is bound to set aside ..Category: Banking Law | Date: 14 Jun, 2004 | Hits: 310
AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)
....aid appeal was heard and dismissed on merit, the Civil Petition for Leave to Appeal No. 826 of 1998 shall also stand dismissed without any order as to costs. Ed. This Case is also Reported in: ...... the face of the record. It is such obvious error of law which has either crept through Court's oversight or Counsel's mistake and failure to explain the legal position by the learned Counsel for the party. The error must be such which at a glance can be detected without advancing elaborate argument..Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128
Asadul Hoque, Trading as Samrat Shoe Vs. Registrar of Trade Marks & another, 2004, 33 CLC (HCD)
....grieved by the absence or omission from the register of any entry, or by any entry made in the register without sufficient cause, or by any entry wrongly remaining on the register, or by any error or defect in any entry in the register, may apply in the prescribed manner to a High Court or to the Re...... observations made hereinbefore. The impugned order passed by the Registrar of Trade Marks is set aside. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 565. ..Category: Others | Date: 5 May, 2004 | Hits: 4
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