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Secretary, Ministry of Works and another Vs. Md. Yusuf Ali Khan and others, 2002, 31 CLC (AD)
....scussion we lo not fined any substance for allowing the appeal. The appeal is dismissed without any order of costs Ed. This Case is also Reported in: 1 ADC (2004) 312. ......scussion we lo not fined any substance for allowing the appeal. The appeal is dismissed without any order of costs Ed. This Case is also Reported in: 1 ADC (2004) 312. ......sum of Tk. 15,000/- (Taka fifteen thousand) from the plaintiff respondent against receipt signed by her on the back of the agreement on 29.11.1979. Thereafter the respondent No. 2 further took an amount of Tk. 2,000/- (Taka two thousand) from the plaintiff respondent against receipt signed by ..Category: Contract Law | Date: 21 Aug, 2002 | Hits: 1110
Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation & others, 2002, 31 CLC (AD)
....impugned judgment and do not find any illegality or infirmity with impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) 23. ......impugned judgment and do not find any illegality or infirmity with impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) 23. ......ompensation of US$ 614,855.25 and further US$ 1000,000 for loss of goodwill, in total US$ 714,855.25 towards full and final settlement of the claims. The plaintiff accepted the offer. Out of the said amount, the plaintiff deducted US$ 278,276.67 only from the invoices of scheduled jute mills of the ..Category: Alternative Dispute Resolution | Date: 20 Aug, 2002 | Hits: 280
Bux Shipping Line Vs. Bangladesh Water Development Board & others, 2002, 31 CLC (AD)
....alization thereof. The review petition has no merit. Accordingly the same is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 476.......alization thereof. The review petition has no merit. Accordingly the same is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 476.......ourt of Subordinate Judge, Dhaka in Title Suit No. 106 of 1994 decreeing the same upon making the award dated August 22, 1994. The Court of Subordinate Judge decreed the title suit for the awarded amount of Tk. 2,01,52, 289.84. The learned Subordinate Judge while making the award did not allow ..Category: Alternative Dispute Resolution | Date: 18 Aug, 2002 | Hits: 217
Antibiotic Stores & ors Vs. Subordinate Judge and Artha Rin Adalat & anr., 2003, 32 CLC (AD).
....matter we do n any substance in the submission of the Counsel for petitioners for our interference impugned judgment of the High Court Division. The petition is dismissed. Ed. ......matter we do n any substance in the submission of the Counsel for petitioners for our interference impugned judgment of the High Court Division. The petition is dismissed. Ed. ......lot No. 60, Gulshan Avenue hereinafter called the case property. Before completion of the building the respondent No. 2 put pressure to liquidate the loan money. The petitioners paid back part of the amount of the loan money. The respondent No. 2 then filed Title Suit No. 22 of 1991 in the Court of ..Category: Business or Commercial Law | Date: 12 Aug, 2002 | Hits: 121
Abdus Sobhan Biswas Vs. State, 2002, 31 CLC (HCD)
....Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 556. ......Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 556. ......ss-examination he admitted that he did not find any external injury on the body of the victim. 11. PW 2 the informant and the husband of the victim deposed that the accused had assured him that an amount of Taka 1800 was sanctioned by the Deputy Commissioner, Rajbari as relief and that the victim..Category: Women and Children | Date: 11 Aug, 2002 | Hits: 77
Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)
....nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ......on as it may deem necessary from the government shall be absolutely an ex parte affair and the detenu shall be deprived of the opportunity of defending himself which would be a clear violation of the principle of natural justice. More so, when subsection (4) of section 11 of the Act debars......nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ..Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2
Amir Hossain Vs. Homeland Footwear Ltd. and others, 2002, 31 CLC (HCD)
.... on the prayer of Mr. Imtiaz Mahmud, Advocate, let the operation of this judgment be stayed for a period of three months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 478. ...... on the prayer of Mr. Imtiaz Mahmud, Advocate, let the operation of this judgment be stayed for a period of three months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 478. ......ioner, in short, is that the respondent-company took Taka 45,07,386.00 from the petitioner during the period from 11th March, 1999 to 31st December, 1999. In acknowledgment of the receipt of the said amount, the company issued a statement of accounts (Annexure A) on 8th May, 2000, in favour of the p..Category: Company Law | Date: 21 Jul, 2002 | Hits: 226
Ibrahim Ali and ors. Vs. State, 2004, 33 CLC (AD)
....the accused there under. Accordingly, the appeal is allowed. The conviction and the sentence of the appellants under sections 468 and 468/109 of the Penal Code are set aside. Ed. ......the accused there under. Accordingly, the appeal is allowed. The conviction and the sentence of the appellants under sections 468 and 468/109 of the Penal Code are set aside. Ed. ......nbsp; 12. In the case reported in AIR 1969 Guzrat 117 it has been observed "the mere making of a false statement in a document could riot come within section 464 IP Code and would riot amount to forgery." Lastly, the learned Advocate has referred to the case of Rani Ghulam Singh..Category: Criminal Law | Date: 8 Jul, 2002 | Hits: 90
Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)
.... judgment of the High Court Division calling for our interference. All the leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 130. ...... respondent Nos. 6 & 8 is a letter from Deputy Secretary, Ministry of Information to Mr. AS Mahmud, of Ekushey Television, informing him that the Government has taken a preliminary decision, on principle, to allow ETV to establish a private TV channel. Annexure-7 dated 22-2-1999 of the affid......ate issued by the (Annexure-‘C’) Ministry of Finance, by which the ETV was exempted from paying hourly charge of Taka 1200 or Taka 1800 thus depriving the Government exchequer of a huge amount of money every year. 12. The writ petitioners also claimed that though Mr. AS Mahmud..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....imprisonment for a period of one month with a fine of Taka 2000 (two thousand) payable within two months, in default, to undergo further simple imprisonment for a period of one month. Part Two ......i.e. "‡h Acivax †m AcivaxB| †m †hB †nvK bv †Kb Zvi wePvi wbwðZ Ki‡ZB n‡e|" and 'Daily Janakantha' firmly believes in this principle. When 'Daily Janakantha' was set up, one of its objectives was to advocate this pr......for making a derogatory statement in a seminar, which has been published in the aforesaid newspapers. However, the learned Attorney-General then submitted that the said statement of Naimuddin did not amount to contempt of Court and so, on the first day, we did not issue any Rule against him. By our ..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
Hobi Sheikh and another Vs. State, 2002, 31 CLC (HCD)
....llants be set at liberty at once, if not wanted in connection with any other case. Send down the case records expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 383. ......essional statement of an accused recorded under section 164 Cr.P.C. The statement of witnesses recorded under the aforesaid section of law is not a substantive piece of evidence. It is an established principle of law that if any statement recorded behind the back of the accused the same cannot be tr......er Asia as most vital witness but she was tendered, instead of examining her in the court. The trial Court also noted the above irregularities in its judgment. This kind of tendering of vital witness amounts to withholding of material witnesses and adverse presumption ought to have been drawn agains..Category: Women and Children | Date: 4 May, 2002 | Hits: 83
Alam (Md) & another Vs. State, 2002, 31 CLC (HCD)
.... them and they are acquitted of the same and be set at liberty if not wanted in any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 298.......ch offence as contemplated under section 9(Ka) and 9(Ga) and, as such, the defect appears to be substantial and it can be cured under section 237 of the Code of Criminal Procedure. Because, the basic principle of criminal justice is to ensure that the persons proceeded against must be given particul...... them and they are acquitted of the same and be set at liberty if not wanted in any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 298...Category: Women and Children | Date: 30 Apr, 2002 | Hits: 82
Abdul Kader Khan Vs. Rajshahi Co-operative Town Society Ltd, 2002, 31 CLC (HCD)
.... Sadar in (Rent Control) Miscellaneous Case No.245 of 1983 is confirmed. Send down the LCR to the Court concerned at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 633. ...... Sadar in (Rent Control) Miscellaneous Case No.245 of 1983 is confirmed. Send down the LCR to the Court concerned at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 633. ....... The landlord shall be bound to make such repair or to take such measures in any event. On his failure to do so the provisions of subsections (1) and (2) shall apply without the limitation as to the amount deductible or recoverable as provided in the said sub-sections." ....................Category: Tenancy Law | Date: 29 Apr, 2002 | Hits: 3
Gouri Das and ors. Vs. ABM Hasan Kabir and others, 2003, 32 CLC (AD).
....urt Division is not correct inference. In view of the above, the appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 449, 635. ......istence of the following elements are necessary in order to make out the presumption of permanency of tenancy. (1) The origin of a tenancy for residential purpose must be unknown and the principle of a lost grant is invoked by tenant. (2) Existence of a permanent pucca building o......urt Division is not correct inference. In view of the above, the appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 449, 635. ..Category: Tenancy Law | Date: 9 Apr, 2002 | Hits: 148
Aroti Rani Paul Vs. Sudarshan Kumar Paul and others, 2002, 31 CLC (AD)
....indings and decisions of the High Court Division and consequently the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 56 DLR (AD) 73. ......vely dated 24‑3‑1975 and 26‑6‑1975 are not valid for the reasons that the joint property had not been partitioned by metes and bounds amongst the co sharers and thereby laid down an erroneous principle that unpartitioned property cannot be gifted by registered instrument. 11. The......indings and decisions of the High Court Division and consequently the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 56 DLR (AD) 73. ..Category: Family Law | Date: 1 Apr, 2002 | Hits: 181
Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....the order for two weeks. Mr. Razzaq opposed the prayer. However, the operation of the order is stayed for ten days. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 537. ......ioned in the report subject to fulfilment of which the proposals of eight participants could be considered, how this report was considered by the Ministry and ETV was found most responsive? The basic principle of any tender is that if any subsequent changes are made regarding terms and conditions ea...... to Ekushey Television and one of the conditions was that if the private channel transmits its programmes simultaneously when the BTV also transmitting its programmes the private channel shall pay an amount of Taka 1200 per hour but on a representation of Mr. Abu Sayed Mahmud, Chairman of ETV the Fi..Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7
Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)
....ed judgment and decree affirming those of the trial Court are hereby confirmed. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 523. ......n dismissing the appeal preferred therefrom by the sister to the Federal Court of Pakistan, Mr. Muhammad Munir, CJ writing the opinion on behalf of the Court was of the view that, “Now the principle of law is that possession is not to be considered adverse if its origin can be referr......ed judgment and decree affirming those of the trial Court are hereby confirmed. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 523. ..Category: Property Law | Date: 27 Mar, 2002 | Hits: 4
Raj Unnayan Kartripakshya (RAJUK), Dhk. & ors. Vs. Water Front Apt. Ltd. and ors., 2004, 33 CLC (AD)
....nsel for the petitioners. We find no illegality is committed in the judgment of the High Court Division calling for our interference. Therefore, the leave petition is dismissed. Ed. ......ot have any bearing on the question of title and possession of the case land in question. 4. The High Court Division made the Rule absolute on the ground that both on merit as well as on principle of estoppel and waiver the petitioners should not have cancelled the plan sanctioned by th......, 2002. The Building Construction Act, 1953 (II of 1952), Section 3 After two years from the date of sanction of the plan and investment of huge amount of money in constructing the building by the party a vested right accrued in its favour. RA..Category: Property Law | Date: 9 Mar, 2002 | Hits: 1202
Bangladesh and others Vs. Eastern Beverage Industries Ltd. & another, 2004, 33 CLC (AD)
.... appeals are allowed setting aside the impugned judgment and order of the High Court Division without any order as to costs. Ed. This Case is also Reported in: 56 DLR (AD) (1997) 153. ......impugned notification to have been issued without any lawful authority. Leave was granted by this Court to consider the submission made by the learned Additional Attorney‑General that the guideline principles having been laid down in sub‑rule‑(1) and (2) of Rule 3 published in the Notification...... Will" and "Delegatus non potest delegare" and "Legislative Supremacy" and then observed as follows: "vast complexities of social and economic conditions of the modern age, and the ever growing amount of complicated social necessities, have made it practically impossible for the Legislatures t..Category: Fiscal/Taxation Law | Date: 13 Feb, 2002 | Hits: 161
.... yds of land and 2 storied building standing thereon within 2(two) months from the date of receipt of the copy of this judgment
Ed.
This Case is also Reported in: 54 DLR (HCD) (2002) 451.
...... 12-9-1981 is annexed as annexure C to the writ petition. The petitioner No. 1 made an oral gift of the property in question in favour of petitioner No. 2 his wife on 26-3-1993 in accordance with the principle of Mohammedan Law and handed over actual physical possession of the property in question t......the meaning of law as contemplated by Article 152 of the Constitution and it cannot take away the exemption from registration given by section 129 of the Transfer of Property Act and such refusal tantamount to treat the petitioner not in accordance with law and it is an action detrimental to the pro..
Category: Property Law | Date: 12 Feb, 2002 | Hits: 28
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