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Rajshahi Development Authority Vs. Sultan Ahmed, Advocate and others, 2005, 34 CLC (AD)
....ceeding has been started in 1978‑1979 but no notice under section 5(1) (a) and 5(3) of the Act were served inasmuch as to gazette notification as required under section 5(7) of the Act was ever published. Moreover, the requiring body did not utilise the entire 12 decimals of land for which the......ossain, Advocate‑on‑Record-For Respondent No. 1. Not represented‑Respondent Nos. 2‑6. Civil Appeal No. 292 of 2003 (From the judgment and order dated 29th April 2002 passed by the High Court Division in Writ Petition No. 1931 of 2001).&nb......e only. The appeal is dismissed without any order as to costs. Ed. ......t has not been repealed but the High Court Division illegally applied the provisions of the said Ordinance in the instant proceeding drawn under the said Act for payment of full compensation money at the present market rate and as such application of the said provision is not sustainable in..Category: Constitutional Law | Date: 29 Jun, 2004 | Hits: 232
Abdul Mumin alias Tanu Miah Vs. Mahfujur Rahman and others, 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.......Judgment and Order dated 30, 1997 passed by the High Court Division in Civil Order Nos. 3230, 3231, 3232, 3233 and 3234 of 1997) Judgment Md. Ruhul Amin J.- These appeals, by leave, are against the order dated June 30, 1997 of a Division Bench of the High Court Division passed in Civil Order Nos. ......ingly all the appeals are dismissed There is no order as to cost. Ed. This Case is alsoReported in: 1 ADC (2004) 515.......so averred by the pre-emptor that a suit for partition,partition Suit No. 111 of 1988, is pending before the 2nd Court of Joint District Judge, Sylhet as regard the land of khatian No. 450 filed by one of the co-sharers by name Abdul Karim. 3. The prayer for pre-emption was opposed upon assertion..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. ...... an application under Order XXXIX, rules 1 and 2 of the Code of Civil Procedure for restraining said defendants from production and marketing of said 'Polyron'. Upon the application the Court ordered to issue usual notice upon the defendants asking them to show cause within three days from d......rnment of Bangladesh, 1977 BSCR 32; Abdul Jalil Munshi Vs. Abu Bakr Siddique, 35 DLR (AD) 42. Lawyers Involved: Rafique-ul Huq with Anik R Hoque, Advocates- For the Petitioner. Rokanuddin Mahmud with Kazi Zinnat Hoque, Advocates- For the Opposite Parties. Civil Revision No.2091 o......e Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J SAB Mahmudul Huq J ACI Ltd..........................................Petitioner Vs. Square Pharmaceuticals Ltd. and another.........Opposite Parties Judgment ..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.
......edure, 1908 (V of 1908), Order XXXIX rules 1 & 2
The Arbitration Act, 1940, Sections 3(1)(4)
The law as in sections 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 no...... Court Division.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:56 DLR (AD) 166.
......Present:
Md. Ruhul Amin J
MM Ruhul Amin J
Md. Tafazzal Islam J
Unicol Bangladesh Blocks Thirteen and Fourteen (formerly named Occidental of Bangladesh) and another ..................Petitioners
Vs.
Maxwell Engineering Works Ltd and another...............Respondents
Judgmen..
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)
....alat No.1, Chittagong by Order No.5 ordered publication of notice to the petitioner in two newspapers as per section 5(Ka) of the Artha Rin Adalat Ain, 1990. Pursuant to the said order notices were published on 2nd August, 2001 in two Bangla newspapers, namely, the Daily Azker Chattagram and the D......personally and the petitioner had no way to know that a suit was filed against him. On 29th July, 2001 the respondent No.1 the Joint District Judge and Artha Rin Adalat No.1, Chittagong by Order No.5 ordered publication of notice to the petitioner in two newspapers as per section 5(Ka) of the Arth......ischarged with cost. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 57 DLR (2005) 138. ......ted in: 57 DLR (2005) 138. ..Category: Banking Law | Date: 14 Jun, 2004 | Hits: 310
Govt. of BD rep. by DC Vs. Anwara Huq & ors., 2004, 33 CLC (AD)
....rator has not committed any error of law. In view of the discussions made hereinabove we do not find any merit in the appeal. Accordingly, the appeal is dismissed with costs. Ed. ......Record‑For the Appellant. Md. Aftab Hossain, Advocate‑on‑Record‑For the Respondent. Civil Appeal No. 67 of 1998. (From the judgment and order dated August 14, 1994 passed by the High Court Division in First Miscellaneous Appeal No. 476...... the appeal. Accordingly, the appeal is dismissed with costs. Ed. ......llate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzal Islam J Government of Bangladesh, represented by Deputy Commissioner…….Appellant Vs. Anwara Huq and ors .........................Respon..Category: Property Law | Date: 25 May, 2004 | Hits: 121
AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)
....: Admn) will be placed in the Cadre list after the last person already encadred." The five appellants (and others) sat for this examination which was held from February, 1983 and the final result was published in May, 1983. They were selected and in the offer of appointment it was stated that "as an......, Senior Advocate, Rokanuddin Mahmud, Senior Advocate instructed by AKM Shahidul Huq, Advocate‑on‑Record‑For Respondent Nos. 2‑61. Civil Appeal No. 38 of 2002. (From the judgment and order dated 21st August 2000 passed by the Appellate Division in Civil Appeal No. 132 of 1998). ......o. 826 of 1998 shall also stand dismissed without any order as to costs. Ed. This Case is also Reported in: ...... Husain CJ Md. Ruhul Amin J Md. Fazlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J MA Aziz J Amirul Kabir Chowdhury J AHM Mustain Billah & others…………. Petitioners Vs. Bangladesh represented by the Secretary, Ministry of Establishment and others ....Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128
....he Bankruptcy Court is directed to dispose of the bankruptcy case expeditiously.
The order of stay granted earlier by this Court
Ed.
This Case is also Reported in: 57 DLR (2005) 716.
......ip;…………Respondents
Judgment
May 10, 2004.
Result:
The Rule is discharged.
The Bankruptcy Act 1997 (Act X of 1997) is a special law, was enacted in order to make provisions relating to bankruptcy.
Section 28 empowers the court to dismiss the ......y case expeditiously.
The order of stay granted earlier by this Court
Ed.
This Case is also Reported in: 57 DLR (2005) 716.
....... Miftah Uddin Chowdhury J
National Oxygen Limited and others…………………………………………Petitioners
Vs.
Additional District Judge and Bankruptcy Court, Chittagong and another…&h..
Category: Banking Law, Corporate Law | Date: 10 May, 2004 | Hits: 9
Sultan Miah (Md) Vs. Kazi Abu Siddique and others, 2005, 34 CLC (AD)
....ned. Judgment of the, High Court Division causing failure of justice in making the Rule absolute. Therefore, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......vocate‑ on‑ Record‑ For the Petitioner. Not represented‑ The Respondents. Civil Petition for Leave to Appeal No. 162 of 2003. (From the judgment and order dated the 7th August, 2002 passed by the High Court Division in Civil Revision No. 4619 of 199......is petition merits no consideration. Accordingly, it is dismissed. Ed. ...... Syed JR Mudassir Husain CJ Md. Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Sultan Miah (Md)…………………....Petitioner Vs. Kazi Abu Siddique and others .............Respondents Judgment ..Category: Civil Law | Date: 8 May, 2004 | Hits: 825
Asadul Hoque, Trading as Samrat Shoe Vs. Registrar of Trade Marks & another, 2004, 33 CLC (HCD)
.... 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. ......at Hossain, Advocate‑ For the Respondents. Trade Marks Appeal No.7 of 1997. Judgment MA Wahhab Miah J.- This appeal under section 76 of the Trade Marks Act, 1940 has arisen out of an order dated 6‑7‑1997 passed by the Registrar of Trade Marks, Dhaka removing the name of the appe......p; Present: MA Wahhab Miah J Md. Abdul Hafiz J Asadul Hoque, Trading as Samrat Shoe…………………………&h......ase, in that, the original proprietor of registered trade mark asserted that he neither assigned the trade mark in question in favour of the present appellant nor he entered into any contract with anyone for transfer of the registration, the Registrar was quite competent to pass the order to secure ..Category: Others | Date: 5 May, 2004 | Hits: 4
Sunder Ali being dead his heirs A. Hannan & ors. Vs. Md. Serajul I. Sarker & ors., 2004, 33 CLC (AD)
....allowed. The trial Court is directed to proceed with the trial of Title Suit No. 4 of 1995 and to dispose of the same expeditiously. There is no order as to costs. Ed. ......structed by Ahsanullah Patwary, Advocate‑on‑ Record‑For the Appellants. Not represented - The Respondents. Civil Appeal No. 7 of 1997. (From the judgment and order dated December 9, 1996 passed by the High Court Division in Civil Revision No. 3244 of 1995).......same expeditiously. There is no order as to costs. Ed. ......95 rejecting the application filed under Order VII, rule 11 of the Code of Civil Procedure seeking rejection of the plaint of the aforesaid suit and thereupon rejecting the plaint of the aforementioned Title Suit. 2. Predecessor of the present appellant No. 14 and another filed the ..Category: Property Law | Date: 27 Apr, 2004 | Hits: 102
Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)
....e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ......appeals) Ex-parte - For Respondent No. 4-36 (In both the appeals) Civil Appeal Nos. 84& 85 of 1999 Judgment Md. Ruhul Amin J.- These 2 appeals, by leave, are directed against the judgment and order dated November 15.1993 of a Division Bench of the High Court Division in First Miscellaneous A......rein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ...... the pre-emptor obtained certified copies of the kabalas on July 18 and 19, 1988 and thereupon requested the pre-emptees to re-transfer the land so purchased by them to her on accepting price as mentioned in the kabalas as well as the compensation as provides by the law,..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: ......n a writ petition when alternative remedy of appeal is not equally efficacious and effective but not when such remedy is avoided of…..(7) (ii) It is the principle of law that an ad interim order could be passed only in aid of or ancillary to main relief that may be available upon final de...... Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: ...... Fida M Kamal, Additional Attorney-General, (Md. Ataur Rahman Khan, Deputy, Attorney‑ General with him), instructed by Mvi Md. Wahididlah, Advocate‑on‑Record-For the Petitioners. TH Khan, Senior Advocate, instructed by Md. Amir Hossain Chowdhury Advocate‑on‑ Record..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. ......ted February 9, 2003 passed by the High Court Division in Civil Revision No. 934 of 2001) Judgment Md. Ruhul Amin, J.- This petition for leave to appeal is directed against the judgment and order dated February 9, 2003 of a Single Bench of the High Court Division in Civil Revision No. 934 ......und of the discussion made hereinabove we find no merit in the petition. Accordingly the petition is dismissed. Ed. ......n is dismissed. Ed. ..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. ..........................Respondent Judgment April 11, 2004. Result: The Appeal is allowed. Appointment of Arbitrator by the Court Section 20(4) empowers the Court to make an order of reference to the arbitrator appointed by the parties, whether in the agreement or otherwise......also Reported in: 57 DLR (2005) 656. ......uld not be cancelled. 5. He had to sit idle for about seven months and eighteen days after casting of pre‑cast pilings. Defendant No.2 held up the bills of pre-cast pilings and thereby caused monetary loss. The plaintiff could not drive the pilings for want of layout. By onrush of water of th..Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3
Agrani Bank, rep. by the Chairman, BoD, & ors. Vs. Khandaker Badrudduza, 2004, 33 CLC (AD)
.... 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. ......ppellants Vs. Khandaker Badrudduza ......................Respondent Judgment April 6, 2004. Service Matter Punishment- In modifying the order of dismissal in the manner as stated in the judgment of AAT upon importing the concept of pro......peal is allowed. There is no order as to costs. Ed. ....... Facts of the case, in short, are that, the respondent while serving in the Chak Bazar Branch of the appellant No. 1 (Agrani Bank) having had fallen ill on November 15, 1990 applied for leave for one month with effect from November 20, 1990 upon filing a medical certificate duly countersigned b..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. ......y Sufia Khatun, Advocate‑on‑Record‑For Respondent No. 1. Dispensed with‑ Respondent No.2. Ex parte‑ Respondent No.3. Civil Appeal No.300 of 2002. (From the judgment and order dated 8th May 2001 passed by the High Court Division in Writ Petition No. 5311 of 2000). ......Bangladesh Inland Water Transport Authority and others…....Respondents Judgment April 6, 2004. The Constitution of Bangladesh, 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 b......llant that: (1) The High Court Division has failed to appreciate the fact that the committee appointed by the Ministry of Shipping recommended the application of price escalation made by the petitioner and accordingly, the World Bank was Willing to disburse the money but the respondents Unlawfull..Category: Constitutional Law | Date: 6 Apr, 2004 | Hits: 215
Nurul Huq (Md) @ MN Huq Vs. Nirmal Chandra Dutta & anr., 2004, 33 CLC (AD)
....ted into the deed of power of attorney a recital to the effect that he had allegedly taken loan of Taka 4,50,000 from the defendant and his son‑in‑law and the notice of the revocation was published in Daily Ittefaq on 5‑6‑1982. Because of revocation of the power of attorney t...... Abdul Wadud Bhuiyan, Senior Advocate, instructed by Md Nowab Ali, Advocate‑on‑Record‑For the Respondents. Civil Appeal No. 150 of 2003. (From the judgment and order dated 25‑6‑2001 passed by the High Court Division in Appeal from Original Decree N...... bear the costs of the examination by the Handwriting Expert. Ed. ......, Comilla in title Suit No. 82 of 1982 is fraudulent, collusive, illegal, void and not binding upon him. The aforesaid plaintiff filed the said suit stating, inter alia, that he inherited property of one Jyoti Bhushan Dutta as his adopted son and appointed the defendant (Md Nurul Huq) as his attorne..Category: Property Law | Date: 5 Apr, 2004 | Hits: 103
Sec. Min. of Law, Justice & Par. Affairs & ors. Vs. Md. Borhan Uddin and ors., 2004, 33 CLC (AD)
....discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ...... Judgment Md. Ruhul Amin J.- This appeal, by leave, is against the judgment and order dated June 29, 1999 of a Division Bench of the High Court Division in Writ Petition No. 3005 ...... appeal is allowed. There is no order as to costs. Ed. ......g the Memo No. 2862/Solicitor/96‑312/4 dated 13‑9‑1998 of the Ministry of Law, Justice and Parliamentary Affairs, Government of Bangladesh cancelling the appointment of the petitioner as Special Public Prosecutor illegal and without lawful authority. 2. Facts, in s..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 201
SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)
.... 9. In view of our discussions made hereinabove we find no merit in this appeal. The appeal, accordingly, is dismissed. There is no order as to costs. Ed. ......). Judgment Md. Ruhul Amin J.- This appeal by leave is against the judgment and order dated June 29, 1999 of a Division Bench of the High Court Division passed in Writ Petition No......is dismissed. There is no order as to costs. Ed. ...... Section 492 The government is legally authorised to terminate appointment of a Special public prosecutor out of necessity. Questioning legality of termination of such appointment by one claiming himself as informant or witness of the case, “can hardly be considered legally w..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259
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