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Zyta Garments Ltd. Vs. Union Bank Ltd. and another, 2003, 32 CLC (AD).
....ary and proper party to be added in the suit and find no illegality or infirmity in its judgement calling for our interference. The leave petition is dismissed. Ed. ......: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Zyta Garments Ltd......................Petitioner Vs. Union Bank Ltd and another …………….Respondents Judgement ...... It apprehends that if a decree is passed the money under the decree will be debited from the petitioner's account causing it to suffer irreparable loss and injury. Therefore, it is a necessary and proper party to be added. The application was opposed by the plaintiff‑respondent Union Bank ......civil revisional jurisdiction of the High Court Division in Civil Revision No. 4925 of 2000 and the Rule was discharged on the ground that the Presence of the petitioner is not necessary for proper adjudication of the suit, as no relief has been claimed against it. 5. The learned Cou..Category: Civil Law | Date: 19 Nov, 2002 | Hits: 169
DC of Dhaka & ors Vs. Aziz Cooperative Housing Society Ltd. & ors, 2006, 35 CLC (AD)
....ied building comprising 160 residential flats and 600 shops upon getting plan approved from Rajdhani Unnayan Kartripakha (RAJUK). It is also the case of the petitioner No. 1 that it has already completed construction of a 14 storied building and that foundation has been laid for construction o......ccordingly the petition is dismissed. Ed. ...... the petitioner No. 1 and the other writ petitioners filed objection as against the proposed requisition and acquisition stating that it is not conceivable to be in the public interest to acquire the property as mentioned in the notice which provides access to 160 families and 600 shop owners and th......d under section 3 of the Ordinance for acquisition of 0.1700 acre of land have been issued without lawful authority and is of no legal effect. Accordingly the petition is dismissed. Ed. ..Category: Property Law | Date: 16 Nov, 2002 | Hits: 72
Taiyaba Zaman Vs. Gias Uddin Ahmed and others, 2002, 31 CLC (HCD)
.... suit is accordingly, dismissed, however without any order as to cost. The order of stay granted earlier stands vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 523. ...... High Court Division (Civil Revisional Jurisdiction) Present: Faruque Ahmed J Taiyaba Zaman.............................................Petitioner Vs. Gias Uddin Ahmed and others.........................Opposite Parties Judgment November 6, 2002. Result......‑2002 passed by the learned Assistant Judge, 6th Court, Dhaka in Title Suit No.137 of 2001 should not be set aside and such other or further order or orders passed as to this Court may seem fit and proper. 2. The short facts for disposal of the Rule are that, opposite party No.1 as plaintiff ...... suit is accordingly, dismissed, however without any order as to cost. The order of stay granted earlier stands vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 523. ..Category: Tenancy Law | Date: 6 Nov, 2002 | Hits: 198
Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)
....ge of the High Court Division and accordingly, affirm the impugned judgment and order. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ...... Reza Chowdhury CJ Md. Fazlul Karim J Syed JR Mudassir Husain J Ahmed Impex (Private) Ltd. & others.............Appellants Vs. Moqbul Ahmed being dead his heirs: Ferdous Ara Begum and others ................Respondents Judgment November 5, 2002. Result: The appeal is......ip of the appellant company, execution of debit voucher acknowledging receipt of money against transfer of shares concerned in the appellant company at the instance of the respondents on the basis of proper appreciation of evidence on record. 8. Dr. M Zahir, the learned Counsel appearing for the......ge of the High Court Division and accordingly, affirm the impugned judgment and order. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208
Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).
....rticles 104 & 105 The Code of Civil Procedure, 1908 (V of 1908) Order XLVII rule I The nature of public interest litigation (called PIL hereinafter) is completely different from a traditional case which is adversarial in nature whereas PIL is intended......howdhury CJ Md Ruhul Amin J Md Fazlul Karim J KM Hasan J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Md. Fazlul Haque J Ekushey Television and another …… Petitioner Vs. Dr. Chowdhury Mahmood Hasan and ors &helli......missing them. 2. The facts of the case and materials relating thereto are already discussed in the judgment delivered by this court. But the relevant facts are to be briefly stated for a proper appreciation of the grounds urged by &nb......2002. Our judgment will have no bearing in considering the application by Ekushey for licence by the said Commission which is free to decide in accordance with law. Ed. ..Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190
Secretary, Ministry of Works and another Vs. Md. Yusuf Ali Khan and others, 2002, 31 CLC (AD)
....how that thirty days notice to DIT for transfer of the lease property is necessary. 13. In reply, the learned counsels for the respondents have submitted that the transfer has not yet been completed. Therefore, the question of not taking permission from the DIT for transfer does not ar......ourt Appellate Division (Civil) Present: Mainur Reza Chowdhury CJ KM Hasan J Md. Fazlul Haque J Secretary, Ministry of Works and another.........Appellants Vs. Md. Yusuf Ali Khan and others....................it No. 135 of 1985 before the learned Subordinate Judge, Dhaka, for Specific Performance of Contract by directing the defendant No. 1 to execute and register a deed of sale in respect of the suit property in favour of the plaintiff. 2. The respondent No. 2 Mrs. Mariyam Iqramullah Khan,......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. ..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. ......Court Division Judgment here. Supreme Court Appellate Division (Civil) Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J KM Hasan J Md. Fazlul Haque J Maico Jute and Bag Corporation.....................Petitioner Vs. Bangladesh Jute Mills Corporation and......t No. I of 2001), Section 10 It is absolutely the domain and the discretion of the court to grant the relief sought for or to grant any other general or other relief that may be thought fit and proper. In the instant case allowing reference to arbitration under section 10 of the Arbitration A......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. ..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.......oner. Abdul Wadud Bhuiyan, Senior Advocate Instructed by Ms. Sufia Ahmed, Advocate-on-Record-For the Respondents. Civil Review Petition No. 27 of 2002. (From the Judgment and Order dated December 12, 2001 passed by the Appellant Division in Civil Appeal No, 195 of 2000......ns:- a) Pre-reference Period interest: In the absence of any law or agreement providing for payment of interest by an Arbitrator on an award made by him it will not be proper and safe to vest in him power to award interest for the pre reference period, for this per......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...Category: Alternative Dispute Resolution | Date: 18 Aug, 2002 | Hits: 217
....ce had a legal right to insist upon its performance."
Thus one could only, avail the forum by way of mandamus for enforcement of any legal right or to redress the violation thereof.
We are in complete agreement with the finding of the High Court Division that the petitioner is trying somehow...... Reza Chowdhury CJ
Md. Fazlul Karim J
KM Hasan J
Md. Fazlul Haque J
Hazerullah …………Petitioner
Vs.
Assistant Commissioner, Board of Management of Abandoned Property and others …… Respondents
Judgment
August 7, 2002.
Result:
......Division summarily rejecting the writ petition impugning notice dated 28‑8‑1998 issued by respondent No. 1 to have been declared to have been issued without any lawful authority. The petitioner's property was initially enlisted as abandoned property in 'Ka' list published on 23 September 1986 un......
Accordingly, this petition is dismissed with costs assessed at Taka 5,000 to be paid by the petitioner forthwith to the respondents.
Ed.
This Case is also Reported in: (2002) 22 BLD (AD) 155.
..
Category: Constitutional Law | Date: 7 Aug, 2002 | Hits: 180
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. ...... Judgment July 29, 2002 Result: The Rule is made absolute. Lawyers Involved: M Amir-ul Islam, Tania Amir, Dr. Shirin Sharmin Chowdhury, Manzil Murshed and Shamsul Hasan, Advocates- For the Petitioner. Abdur Razzak, Additional Attorney-Genera......n and a Division Bench presided over by Mr. Md. Ali Asgar Khan J, discharged the Rule by judgment and order dated 5-3-2002, holding that the order of detention passed against the detenu was legal and proper. 5. In this miscellaneous case the order of detention dated 22-4-2002 vide Memo No. 1343......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
Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)
....at No.2 Jhalakati, in Nari-o-Shishu Case No.40 of 1999 is hereby set aside. Send down the lower Court record expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 527. ......se is also Reported in: 55 DLR (HCD) (2003) 527. ...... omission makes the charge materially defective and the said defect is not curable under section 537 of the Code of Criminal Procedure because this omission deprived the accused appellant from taking proper defence and thereby caused prejudice to him. 25. We do not find any substance in the subm......at No.2 Jhalakati, in Nari-o-Shishu Case No.40 of 1999 is hereby set aside. Send down the lower Court record expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 527. ..Category: Women and Children | Date: 20 Jul, 2002 | Hits: 173
State Vs. Harish, 2002, 31 CLC (HCD)
....emned prisoner Harish is acquitted of the charge and let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 473.......Vs. Harish………………………………Condemned Prisoner Judgment July 1 & 2, 2002. Cases Referred To- State vs. Ali Hossain 1998 BLD 655 = 3 BLC 93; Safar Ali and others vs. The State, 1983 BLD 325 = 36 DLR 185; State vs. Md. Ali Kibria @ Shahjahan 43 DLR 512......The State, reported in 1983 BLD 325 = 36 DLR 185 it has been observed by the Division Bench that prolonged police custody immediately preceding the making of confession is sufficient if not otherwise properly explained to grant it as involuntary and that there was no explanation from the prosecution......emned prisoner Harish is acquitted of the charge and let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 473...Category: Women and Children | Date: 2 Jul, 2002 | Hits: 89
Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)
....ng a private TV channel is not transparent. 58. It also leads us to conclude, in agreement with the High Court Division, that the evaluation report, Annexure ‘B’ is not a ‘complete report’. It does not state what conditions had to be fulfilled by the Ekushey Televi...... (Civil) Present: Mainur Reza Chowdhury CJ Md. Ruhul Amin J KM Hasan J Abu Sayeed Ahammed J Kazi AT Monowaruddin J Ekushey Television Ltd. and others…………...………………&hellip......ners feel that the matter raised in the writ petition involves breaches of constitutional obligations and statutory duties by and on behalf of the respondent Nos. 1, 2 and 3, in dealing with public property in clear violation of legal mandates and public policies. The petitioners claim that as c...... 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. ..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
Sushil Kumar Paik & another Vs. Harendra Nath Samadder & another, 2002, 31 CLC (AD)
....el for the defendant‑petitioners is covered by issue No. 2 as framed for the suit. The petition is dismissed with observation. Ed. This Case is also Reported in: 8 MLR (AD) 41. ...... Ed. This Case is also Reported in: 8 MLR (AD) 41. ......dant‑petitioners that there was no decision that in a suit for permanent injunction no issue could be framed for decision as to whether a deed was forged or not. It was further submitted that if no proper issues were framed the purpose for filing the suit would be frustrated and the suit would aga......el for the defendant‑petitioners is covered by issue No. 2 as framed for the suit. The petition is dismissed with observation. Ed. This Case is also Reported in: 8 MLR (AD) 41. ..Category: Civil Law | Date: 24 Jun, 2002 | Hits: 164
Abdul Majid Sarker (Md) Vs. State and others, 2003, 32 CLC (AD).
....ntendent of Naogaon Jail is directed to release the detenu Masuda Khanam (Hasi), daughter of the appellant forthwith and handover her to the custody of her father the appellant. Ed. ......dhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Syed JR Mudassir Hussain J Abdul Majid Sarker (Md) …………Appellant Vs. State and others................ Respondents Judgment June 9, 2002......gment June 9, 2002. An application under section 491 of the Code of Criminal Procedure is maintainable for custody of a minor to see that the minor is not held illegally and in an improper manner and in the instant case when the age of the victim is prima facie below the age of ma......ntendent of Naogaon Jail is directed to release the detenu Masuda Khanam (Hasi), daughter of the appellant forthwith and handover her to the custody of her father the appellant. Ed. ..Category: Criminal Law | Date: 9 Jun, 2002 | Hits: 74
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....#39;Manabjamin' and as well as in presence of the Deputy Attorney-General Mr. Bazlur Rahman. After listening to the conversation recorded in the cassette it appeared that the transcript was not a complete one and parts of the conversation have been omitted therefrom. The cassette was again playe...... Present: Syed Amirul Islam J AKM Shafiuddin J State………………..............................Petitioner Vs. Chief Editor, Manabjamin and others ....................Opposite Parties Judgment May 20, 2002. Cases Referred......ef that the said case was the product of conspiracy to harass and humiliate him with political motive by fabricating false evidence against him. He thought that he would be acquitted in the case upon proper appreciation of the evidence on record by the High Court Division. It is further admitted in ......that Justice Naimuddin Ahmed wanted to bring the controversy, speculation and the gossip to an end which was aroused due to tape in question, by bringing the matter before the Court of law for proper adjudication. Thus with the motive of upholding the just image of the judiciary which is of utmost p..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
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.......ent Khondker Musa Khaled J.- This Criminal Appeal under section 24 of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 (hereinafter will be referred as Act), is directed against the judgment and conviction order dated 30-5-2000 passed by the learned Judge, Nari-o-Shishu Nirjatan Doman Bishe......rove any offence on the basis of evidence on record. 8. Mr. Syed Ziaul Karim, the learned Advocate appearing on behalf of the appellants has made submissions that the learned trial Court could not properly appreciate the evidence on record and, as such, the judgment of conviction has become illeg...... 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)
....es in making repairs and maintenance of latrine and water lines within the reasonable time to be directed by the Court to make the case premises usable and habitable failing which those works will be completed with the cost of the petitioner and the cost so incurred will be recovered from the opposi......r Razzaque J.- This Rule arises out of an application under section 115(1) of the Code of Civil Procedure (Act V of 1908) at the instance of the petitioner-appellant petitioner A Kader Khan and is directed against the judgment and order dated 29-9-1994 passed by the learned Subordinate Jud......er instituted the Rent Control Case No.245 of 1983 before the Controller against the opposite party with the prayer to make necessary repairing works and construction of room No.9 and also for taking proper measures in making repairs and maintenance of latrine and water lines within the reasonable t...... 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. ..Category: Tenancy Law | Date: 29 Apr, 2002 | Hits: 3
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. ...... Present: Mainur Reza Chowdhury J Syed JR Mudassir Husain J Aroti Rani Paul ................Appellant Vs. Sudarshan Kumar Paul and others ..................Respondents Judgment April 1, 2002. ......ed. The Enemy Property (Continuance of Emergency Provision) Ordinance, 1969 (I of 1969), Section 2 With the repeal of Ordinance no 1 of 1969 on 23-03-1974 no vested property case can be started thereafter on the basis of the law already dead………………(14) &......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)
....ved in the project how an evaluation of tenders could be done without maintaining a file. On the report on which the respondents have given much importance, we have found that this report is also not complete. As the conditions are mentioned in the report subject to fulfilment of which the proposals...... (2002) 537. ...... petitioners claim that the matter raised in the petition involve breaches of constitutional obligations and statutory duties by and on behalf of the respondent Nos. 1, 2 and 3 in dealing with public property in clear violation of legal mandates and public policies. So, as conscious citizens of this......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. ..Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7
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