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Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)
....d that there was no amicable partition of ejmali land and the land of the jama was not partitioned by the decree of the Court. The trial Court also found that the Miscellaneous Cases were not bad for defect of parties or barred by limitation. Finally the trial Court allowed Miscellaneous Cases upon ......at was made in seeking pre-emption was not short of the amount that was required to be deposited for the purpose of maintainability of the preÂemption petition and the same was not bad for defect of party. The application for preÂemption was quite in from except mis-description or misquoting of th..Category: Property Law | Date: 25 Apr, 2004 | Hits: 42
Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)
.... above of the High Court Division not being sustainable in law is hereby set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: ...... of section 80 Civil Procedure Code and that was not within the scope of Article 226. An interim relief can be granted only in aid of and as ancillary to the main relief which may be available to the party on final determination of his rights in suit or proceeding. If the Court was of opinion that t..Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175
Abdul Jabbar Vs. Md. Lokman Hossian, 2006, 35 CLC (AD)
.... the High Court Division in making the Rule absolute. 12. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly the petition is dismissed. Ed. ......y between the plaintiff and the defendant is admitted and written agreement is also found in the case record which was marked as Exhibit 1. The agreement has not been denied by the defendant opposite party herein. 8. In the present case admittedly the defendant occupied the suit premises as tena..Category: Tenancy Law | Date: 21 Apr, 2004 | Hits: 69
Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)
....d dated 22‑6-2000 is accordingly set aside. The arbitration agreement now ceases to have any effect. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 656. ....... The Court can appoint an arbitrator only when the contract did not name any arbitrator and the parties failed to agree to appoint an arbitrator. Not otherwise. 'No objection' on behalf of a party does not invest the Court with any power which it does not have under the section. Even when o..Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3
Agrani Bank, rep. by the Chairman, BoD, & ors. Vs. Khandaker Badrudduza, 2004, 33 CLC (AD)
....municated to the respondent on April 7, 1994. 5. Thereupon, the respondent filed case before the Administrative Tribunal and the said Tribunal upon holding that there was no procedural defect in holding the departmental proceeding and all the allegations of unauthorised absence were ...... 14. 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 costs. Ed. ..Category: Administrative Law | Date: 6 Apr, 2004 | Hits: 130
Ananda Builders Ltd. Vs. Bangladesh Inland Water Transport Authority and others, 2004, 33 CLC (AD)
.... Court Division do not call for any interference. In the result the appeal is dismissed without any order as to costs. Ed This Case is also Reported in: 57 DLR (AD) (2005) 31. ......ladesh, 1972, Article 102 When the contract is entered into by a public authority in exercise of its statutory power in terms of statutory provisions any breach thereof may entitle the aggrieved party to invoke the writ…….(20) A contract does not become a statutory contract simply bec..Category: Constitutional Law | Date: 6 Apr, 2004 | Hits: 215
Shakawat Hassan Vs. State, 2004, 33 CLC (HCD)
.... This Case is also Reported in: 57 DLR (2005) 244. ...... This Case is also Reported in: 57 DLR (2005) 244. ..Category: Criminal Law | Date: 4 Apr, 2004 | Hits: 1
Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)
....85 to 1991, but the charge‑sheets were submitted about two years thereafter in 1994, yet the special case remained pending from 1994 till 16‑7‑95 when it was found that the charge‑sheets were defective under the law; that the trials could not be proceeded with, that prayers for supplementary......ld either operate or perpetuate an injustice. To find an "abuse," it should be necessary to see in the proceeding, a perversion of the purpose of the law such as to cause harassment to an innocent party, to bring about delay, or where the machinery of justice is engaged in an operation from whic..Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
....e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ......iew under Order XXVI of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988 is subject to the law and practice of the Court. The Court may of its own motion or on the application of a party to the proceeding may make review on the grounds of an error apparent on the face of the reco..Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332
Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)
....n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed.......he laches of the contesting defendant and such nature or kind of order of remand has always seen deprecated by the superior Court. There should not he an order of remand either to allow the negligent party or the party who is guilty of laches as the premium of negligence or laches, nor to a party, a..Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
BRTC Vs. Md. Esken Mollick and anr., 2004, 33 CLC (AD)
....as come to a correct decision and there being no error in the said judgment, the appeal has no substance. In the result the appeal is dismissed without any order as to costs. Ed. ......pondent No. 1 the case was barred and hence the respondent No. 1 was not entitled to any relief. The High Court Division in its turn considered the facts and law and found that the second party i.e. the appellant in the appeal, admitted to have received the grievance petition sent by h..Category: Labour and Industrial Law | Date: 16 Mar, 2004 | Hits: 99
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Jahangir Alam (Md) alias Zakir Vs. State, 2004, 33 CLC (AD)
.... to 10 (ten) years rigorous imprisonment and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6 (six) months more. Ed. This Case is also Reported in: 56 DLR (AD) 217. ...... vanity bag was recovered from the petitioner. 3. It was also alleged that the convict-Âpetitioner also threatened his wife with a razor when she raised alarm. Subsequently when the patrol police party came to the place of occurrence the accused‑petitioner was handed over to them and the polic..Category: Criminal Law | Date: 9 Mar, 2004 | Hits: 93
Akram Hossain (Md.) Vs. Sahera Khatun and others, 2004, 33 CLC (HCD)
....nt District Judge is directed to hear and dispose of the suit within a period of three months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 317. ......e plaintiff and the defendant No.1 was genuine. If the contract with the plaintiff is found genuine then the subsequent transfer will be subject to the decision in the suit. Addition of opposite party in the suit cannot be said to be not necessary. Such addition of a subsequent transferee would..Category: Contract Law | Date: 8 Mar, 2004 | Hits: 5
Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
....tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ......what is known as a quasi contract, there was at the inception of the transaction a liability to pay money or money's worth, that is, a pecuniary liability, which gave a primary right to the other party to receive money or money's worth. Undoubtedly, in other cases of breach of contract, the ..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)
....inding on the basis of the evidence to be available with the record. The office is directed to transmit the case record at once. Ed. This Case is also Reported in: 56 DLR (2004) 556. ......ing to SL Phipson, the author of Law of Evidence "Acts, declarations, and incidents which constitute, or accompany and explain, the fact or transaction in issue, are admissible, for or against either party, as forming parts of the res gestae". The author explains which statements are not forming par..Category: Women and Children | Date: 1 Mar, 2004 | Hits: 164
Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)
....e matter in its proper perspective and we find no illegality or irregularity in the decision of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......se (d) of section 111 of the Transfer of Property Act and as the Government cannot be both landlord and tenant of the same property. Further, in view of the auction sale held on 7‑8‑1980, a third party i.e. late Mr.  Shamsur Rahman, is not and cannot be a transferee of the original right of lea..Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133
Abdus Sattar (Md) and ors. Vs. Lalon Mazar Sharif & Seba Sadan Committee & ors., 2004, 33 CLC (AD)
....onsideration of the evidence on record has arrived at the correct finding and, as such, no interference is called for. Accordingly, this leave petition is dismissed. Ed. ...... The Code of Civil Procedure, 1908 (V of 1908), Section 107(B) Remand cannot be allowed as a matter of course to fill up the lacuna of the case of any party…..(6) Order XXVI, rule 12. Report of the Advocate Commissione..Category: Property Law | Date: 11 Feb, 2004 | Hits: 127
Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)
.... parties to bear their respective costs of the litigation. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 69. ......€¦â€¦..(6) Burden of proof Burden of proof is the obligation to adduce evidence to the satisfaction of Court in order to establish the existence or non existence of a fact contended by a party. The provision as to burden of proof is founded on the rule "ei incumbit probatio quit dicet ..Category: Property Law | Date: 20 Jan, 2004 | Hits: 6
Mirpur Mazar Co-Operative Market Society Ltd. Vs. Capital Tower (Pvt) Ltd & Ors., 2006, 35 CLC (AD)
....mode of allotment of the plot in question. 12. In view of the discussions made herein over we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ......r to justify allotting the plot at an abnormally low price by resorting to the device of naming it as 'institutional' plot so as to confer an undue advantage and unjustly enriching a favoured party, that the lands situate in the locality have been allotted to the others at a price much highe..Category: Property Law | Date: 18 Jan, 2004 | Hits: 86