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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. ......ation on 16‑6‑94 for purchase of 15,220 bales of BWH jute. It received 3,100 bales of said jute. On 20‑9‑94 the corporation terminated the contract. Then, said respondent company addressed an application to the Registrar of Arbitration of the Bangladesh Jute Association, briefly the Associat..Category: Arbitration Law | Date: 18 Aug, 2004 | Hits: 8
.... dispose of the application of the petitioner for manufacturing tent at Chittagong EPZ within 2(two) months of receipt of this order.
Ed.
This Case is also Reported in: 57 DLR (2005) 631.
......y to act promptly and ensure fairplay and economic due process. Even if the petitioner is guilty of "Industrial Espionage" the Government does not have the right to withhold decision on his application indefinitely; whatever the outcome it must be disposed of fairly and promptly and in acc..
Category: Business or Commercial Law | Date: 17 Aug, 2004 | Hits: 2
Ashraful Alam Vs. Md. Moniruddin and ors, 2004, 33 CLC (HCD)
....nt under the owner Hafez Mohammad Hossain. After his death, the plaintiffs continued as tenants in the suit shops. After purchase, they requested the plaintiffs for settlement of rent on the basis of fresh contract, which they declined. Ultimately, he instituted SCC Suit No.4 of 1995 for eviction. ......gment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 260. ..Category: Property Law | Date: 17 Aug, 2004 | Hits: 2
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. ......he is aggrieved by any order or decision of the Waqf Administrator. Similarly, he is entitled to present an appeal before this Division if he is aggrieved by a decision of the District Judge. So, the application made by a son of last Mutawali claiming interest in the Waqf estate cannot be denied to ..Category: Trust/Waqf Law | Date: 11 Aug, 2004 | Hits: 1
Jane Alam (Md.) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....nce to the aforesaid Trawler of the petitioner. In accordance with law within 60 (sixty) days from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 305. ...... Zaman Akhter Bulbul, Assistant Attorney-General- For the Respondents. Writ Petition No.5479 of 2003. Judgment Md. Joynul Abedin J.- This Rule was obtained by the petitioner on an application under Article 102 of the Constitution of the People's Republic of Bangladesh calling..Category: Admiralty Law or Maritime Law | Date: 10 Aug, 2004 | Hits: 4
State Vs. Md. Arab Ali, Ex-Manager, Rupali Bank and others, 2005, 34 CLC (AD)
....rt Division was in error in quashing the proceeding of the Special Case No. 12 of 1985 of the Court of Divisional Special Judge, Dhaka. Accordingly, the appeal is allowed. Ed. ......stinguishable from the facts of the instant case and, as such, the view expressed by this Division there in the background of the fact of the said case and the decision made therein have no manner of application as regard the present case in the background of the fact thereof. It has been contended ..Category: Criminal Law | Date: 10 Aug, 2004 | Hits: 84
....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.
......ally found not in the form required by law. Who will then prove the case of the bank!
36. Conduct of the cases on behalf of the bank by the lawyers is really precarious, hopeless and without any application of mind; may be, for their inexperience, ignorance and extreme dependence upon the sympa..
Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4
State Vs. Md. Amir Hamza, 2004, 33 CLC (AD)
....the discussion made above we do not find any substance in the leave petition. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 26. ...... Court framed charges accordingly against the accused and the case has been fixed for evidence. In the meantime the Government issued memo dated 14‑7‑2003 (Annexure‑D to the criminal revisional application) intimating that Government have decided to withdraw the aforementioned 10 (ten) accused..Category: Criminal Law | Date: 31 Jul, 2004 | Hits: 115
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. ...... as aforesaid. 5. As against the judgment and decree passed by the learned Additional District Judge, Thakurgaon in Title (Other) Appeal No.19 of 1992 the defendant-respondent has preferred this application under section 115(1) of the Code of Civil Procedure and obtained the instant Rule togeth..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. ......, the arbitrator appointed by the consultant entered into arbitration as a sole arbitrator and on 19‑9‑98 gave an award of Taka 3,92,04,022.55. 3. Then, on 3‑1‑99 the consultant filed an application before aforesaid Court under section 14 (2) of the Arbitration Act for making the award ..Category: Arbitration Law | Date: 27 Jul, 2004 | Hits: 8
Rajdhani Unnayan Kartipakhya (RAJUK) Vs. Jahanara Begum & others, 2004, 33 CLC (AD)
....UK would make allotment to the writ petitioner, otherwise not. The direction of the High Court Division is modified as above. The petition is disposed of. Ed. This Case is also Reported in:......Division making the Rules absolute obtained in Writ Petition No. 3602 of 1999. The writ petition was filed impugning the notice dated September 2,1994 published by the RAJUK in the newspaper inviting application from affected persons for allotment of plot in the rehabilitation zone reserving the rig..Category: Property Law | Date: 21 Jul, 2004 | Hits: 133
Abdul Malek Sawdagar Vs. Md. Mahbubey Alam and others, 2004, 33 CLC (AD)
....rts concerned, which would independently dispose of the same on the materials, evidence in the suit and in accordance with law. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 18. ......nt No. 4, Administrator of Waqfs, issued notice under section 64(1) of the Waqf Ordinance, 1962 and on 30‑6‑86 defendant No. 4 passed order for eviction of the plaintiffs. The plaintiffs filed an application for review of the order which was rejected on 11‑6‑87 by defendant No. 4 leading to ..Category: Civil Law | Date: 20 Jul, 2004 | Hits: 160
....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 Additional Metropolitan Sessions Judge has also affirmed the judgment and order of sentence, passed by the trial Court. Thereafter convicted accused, being petitioner, has preferred this revisional application under sections 435 and 439 of the Code of Criminal Procedure challenging the legality an..
Category: Banking Law, Criminal Law | Date: 19 Jul, 2004 | Hits: 3
M. A. Mazid and another Vs. The Chairman, Chittagong Port Authority and others, 2006, 35 CLC (AD)
....on allegation of fraud and forgery as the issuing City Bank already refused to pay the money against the security documents, the ends of justice would be met if the petitioner are directed to furnish fresh bank guarantee or deposit the charges money in favour of the Chittagong Port authority to give......d as such the petitioners, in effect, violated the order of the Court. Thus the rule is liable to be discharged. 4. The City Bank ltd. impleaded itself as a respondent in the rule and filed an application with an information to the Court that the Bank guaranteed furnished by the writ-petition..Category: Fiscal/Taxation Law | Date: 18 Jul, 2004 | Hits: 109
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. ......lam with Md. Mozammel Hossain, Advocates ‑For the Opposite Parties. Civil Revision No. 3656 of 2003. Judgment Md. Abdur Rashid J. - Plaintiff obtained the Rule upon making a revision application under section 115(1) of the Code of Civil Procedure against judgment and decree dated 10..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....ment of the High Court Division is not at all a proper Judgment of reversal. Accordingly, the same is liable to be interfered with. The appeal is thus allowed with cost. Ed. ...... and further submission that the High Court Division committed illegality in deciding the case in a causal and indifferent manner as the impugned judgment ex facie bears ample testimony of non‑application of judicial mind by the High Court Division to the most relevant issues in the case an..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Mukul Vs. State, 2004, 33 CLC (AD)
.... 17. In the case of Zobaida Naher @ Jharna vs Khairunnessa being dead her heirs Md Feroz Alam and others reported in 3 BLC (41)) 170 it has been observed "A review cannot be granted to urge fresh grounds when the judgment itself does not reveal an error apparent on the face of the record.......surface, and does not require any elaborate discussion or process of ratiocination. The contention that the exposition of the law is incorrect or erroneous, or that the Court has gone wrong in the application of the law to the facts of the particular case; or that erroneous inferences have been ..Category: Criminal Law | Date: 10 Jul, 2004 | Hits: 100
Oriental Bank Ltd. Vs. Rina Alam and another, 2004, 33 CLC (AD)
....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. ...... submitted that though Artha Rin Adalat Suit No. 147 of 1992/113 of 2000 was decreed on contest on 24‑5-2001 wherein respondent No.1's property was shown to be a collateral security, but upon an application dated 28‑8‑2001 by the respondent No. 1 under section 151 of the Code of Civil Proc..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. ......tted against the appellant and others and thus the aforesaid sessions case was sent for trial before the learned Sessions Judge Munshiganj. The respondent No. 1, the informant of the case, filed an application before the High Court Division under section 526 of the Code of Criminal Procedure for ..Category: Criminal Law | Date: 30 Jun, 2004 | Hits: 80
Hafez Abdus Salam Vs. Syed Fazlul Quader and another, 2004, 33 CLC (HCD)
....onnected Civil Rule 550(FM) of 2003 is accordingly, discharged with cost. Communicate the order at once. Ed. This Case is also Reported in: 57 DLR (2005) 640. ............................Appellant Vs. Syed Fazlul Quader and another............................Respondent Judgment June 29, 2004. Result: The Appeal is dismissed. An application under Order XLI, rule 19 of the Code of Civil Procedure is not maintainable against an o..Category: Civil Law | Date: 29 Jun, 2004 | Hits: 3
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