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State Vs. Md. Arab Ali, Ex-Manager, Rupali Bank and others, 2005, 34 CLC (AD)
.... delay criminal proceeding is not liable to be quashed except in case of exceptional nature. In the instant case in the background of the case noticed it is not a case of exceptional nature calling for quashment on the ground of delay or in exercise of discretion or for complete justice. .............. No. 12 of 1985 of the Court of Special Judge upon observing that as the order of dismissal of the respondent No. 1 has been declared void and without jurisdiction and that the Court has further made declaration, that the respondent No.1 is "still in service" and the said judgment of the t..Category: Criminal Law | Date: 10 Aug, 2004 | Hits: 84
.... allowed and The First Appeal No.47 of 1992 is dismissed.
Section 34, the Evidence Act, (I of 1872) 1872
Section 2(8), the Bankers Books Evidence Act, 1891 (Act No. XVIII of 1891)
Suit for recovery of bank dues
The entries in the books of account regularly kept by the bank in the......efly BCCI, on 1‑2‑89 instituted the suit in the First Commercial Court at Dhaka against the Bangthai Electrical Industries Limited and others for a money decree of Taka 74,093,709.26 and also for declaration that the property of defendant Nos.1, 4 and 5 as described in schedule 'Kha' and..
Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....d a de facto counterpart of ownership. Possession is a right in the de facto relation of continuing exercise and enjoyment as opposed to the de jure relation of ownership. Possession is thus external form to justify and normally manifest in the possession in fact. Possession denotes the relationship......rom and finding no other alternative, he took lease of 7 decimal of land under compulsion and thus, he retained possession of 19 decimal of land. He instituted the Other Class Suit No.100 of 1978 for declaration of his title as he has acquired his good title by virtue of his long standing adverse po..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
Abdul Malek Sawdagar Vs. Md. Mahbubey Alam and others, 2004, 33 CLC (AD)
....dated 25‑4‑1994 passed by the High Court Division in Appeal from Original Decree No. 27 of 1988 allowing the appeal. 2. The plaintiff‑respondent Nos.1‑3 instituted Other Suit No.71 of 1987 for declaration of title to the disputed property and for declaration that order dated 30‑6‑1986......d 25‑4‑1994 passed by the High Court Division in Appeal from Original Decree No. 27 of 1988 allowing the appeal. 2. The plaintiff‑respondent Nos.1‑3 instituted Other Suit No.71 of 1987 for declaration of title to the disputed property and for declaration that order dated 30‑6‑1986 and..Category: Civil Law | Date: 20 Jul, 2004 | Hits: 160
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
.....2 at Narayanganj in Title Suit No.47 of 99 and dismissing the suit. 2. On 10‑3‑99 the plaintiff Zamini Bala Dasi instituted the suit against Abdul Aziz Miah, predecessor of opposite parties for a decree of declaration of title in northern 36 decimals out of 76 decimals of land of CS plot N......j in Title Suit No.47 of 99 and dismissing the suit. 2. On 10‑3‑99 the plaintiff Zamini Bala Dasi instituted the suit against Abdul Aziz Miah, predecessor of opposite parties for a decree of declaration of title in northern 36 decimals out of 76 decimals of land of CS plot No.274 appertaini..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....on as the final court of fact without considering the evidence and materials on record and without adverting to the reasoning given by the trial court reversed the findings of the trial court. Therefore, the judgement of the High Court Division is not a proper judgement of reversal…&......d by defendant No. 1 through his son defendant No. 2 at Rangpur in 1959-60 comes to Taka 19,199. The trial Court also considered the life insurance policy of defendant No. 1 for Taka 15,000 and the declaration made by him at the end of 1959 before the Martial Law Authority regarding an amount of..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Oriental Bank Ltd. Vs. Rina Alam and another, 2004, 33 CLC (AD)
....or the Petitioner. Rafique‑ul‑Huq, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate‑on‑Record ‑ For Respondent No. 1. Not represented‑Respondent No. 2. Civil Petition for Leave to Appeal No. 738 of 2004. (From the judgment and order dated 12th April 2004 passed by......itle Suit No. 197 of 2001 decreeing the suit. 2. The respondent No.1 as the plaintiff filed Title Suit No. 208 of 1997 renumbered as Title Suit No. 197 of 2001 against the petitioner bank for a declaration that the plaintiff had no liability to the petitioner bank for any loan amount, the so-..Category: Civil Law | Date: 5 Jul, 2004 | Hits: 171
ACI Ltd Vs. Square Pharmaceuticals Ltd. and another, 2004, 33 CLC (HCD)
....e appeal as not maintainable. 2. Opposite party No.1 as plaintiff instituted Title Suit No.146 of 2003 in the Court of Senior Assistant Judge at Sadar in Pabna against the petitioner and another for a decree of declaration that the licence dated 14‑10‑02 granted by defendant No.1 for produc......maintainable. 2. Opposite party No.1 as plaintiff instituted Title Suit No.146 of 2003 in the Court of Senior Assistant Judge at Sadar in Pabna against the petitioner and another for a decree of declaration that the licence dated 14‑10‑02 granted by defendant No.1 for production of 'Pol..Category: Civil Law | Date: 23 Jun, 2004 | Hits: 1
.... Reported in:56 DLR (AD) 166.
......nction on January 3, 2001.
2. The suit was filed seeking relief primarily for a decree of total amount of Taka 70,18,17,737 against the defendant Nos. 1 and 2 severally and/or jointly, for a declaration that the enforcement on March 11, 1999 of the Performance Guarantee No. GTEDAK 970012 da..
Category: Civil Law | Date: 21 Jun, 2004 | Hits: 321
AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)
....t 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). with Civil Petition for Leave to Appeal No. 826 of 1998. (From the judgment and order dated 27 July 1998 passed by t......posal of the appeal is, in brief, that the five appellants instituted the Administrative Tribunal Case against the Government represented by the Secretary, Ministry of Establishment and 60 others for declarations that the newly inserted Rule 3(g) of the BCS Seniority Rules, 1983 is not applicable to..Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128
Nurul Huq (Md) @ MN Huq Vs. Nirmal Chandra Dutta & anr., 2004, 33 CLC (AD)
....Respondents Judgment April 5, 2004. The Code of Civil Procedure, 1908 (V of 1908), Section 107 The impugned solenama having not been sent for examination by hand-writing expert of the signature appearing on the solenama and genuineness o......se of the learned Subordinate Judge, First Court, Comilla in Title Suit No. 92 of 1991 dismissing the suit. 2. The plaintiff‑respondent Nirmal Chandra Dutta instituted the suit for declaration that the compromise decree dated 18‑9‑1991 of the learned Subordinate Judge,..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)
....angladesh was appointed along with another Advocate as the Special Public Prosecutors to conduct hearing of the Sessions Case No. 120 of 1993. The respondent No. 1 while conducting hearing of the aforesaid Session case, the Ministry of Law, Justice and Parliamentary Affairs (Solicitor Wing), by ......o. 1 and that as damage to the reputation and career of the respondent No. 1 has been caused by public functionary, the writ jurisdiction of the High Court Division has rightly been invoked seeking declaration that the Memo carrying stigma against the respondent No.1 is illegal and without juris..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 201
Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)
....the vacant possession of the ground floor of the building situated at Holding No. 21, Motijheel Commercial Area, Dhaka occupied by the appellants and respondents Nos. 3‑17 stating, inter alia, that former Government of East Pakistan by a registered deed of lease dated 6‑10‑65 granted lease of ......of tenancy of respondents Nos. 6 and 7 respectively separate considerations are required for deciding the question before us. It appears that in the writ petition appellant not only prayed for a declaration that the property was not abandoned property and should, therefore, be released from th..Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133
State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)
....of 2001). Death Reference No.43 of 2001, Criminal Appeal No.3459 of 2001 and Jail Appeal No.3887 of 2001. Judgment AK Badrul Huq J.- Paradigm of taking life of wife by husband, whether for dowry or for any other cause is not rare but archetype of doing to death by wife of husband is s......First Information Report there are two parts. First part had been witnessed by informant P.W.1 and second part virtually is the version of the deceased and the version was characterised to be a dying declaration. No embellishment and embroidery in First Information Report is demonstrated and First I..Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7
Abdus Sattar (Md) and ors. Vs. Lalon Mazar Sharif & Seba Sadan Committee & ors., 2004, 33 CLC (AD)
....hellip;..(6) Order XXVI, rule 12. Report of the Advocate Commissioner itself without examining the commissioner is not an evidence but if the commissioner deposes on oath before the court in respect of the commission report then the same is evidence. Lawyers ......Short facts are that the petitioner as plaintiff instituted Title suit No. 3 of 1985 in the Court of Subordinate Judge (now Joint District Judge), Kushtia against the opposite party Nos. 1-3 for declaration of title to the suit land stating, inter alia, that the suit land appertaining to CS Kha..Category: Property Law | Date: 11 Feb, 2004 | Hits: 127
A & E Products Group LP and others Vs. Md. Mohiuddin Ahmed and others, 2003, 32 CLC (AD)
....ibly a complaint could be made under the Trade Marks Act to protect the trade mark of the petitioner but that not having been registered petitioner has no legal right to protect the trade mark sought for by way of an order of injunction in the court of law. ......................(7) Lawye......plaintiffs/petitioners have suffered business loss to the tune of Taka 20 crore for the year, 2002. That, in such facts and circumstances the plaintiffs petitioners was compelled to file the suit for declaration, permanent injunction and damage. 3. Upon filing the suit, the petitioners filed an..Category: Intellectual Property Law | Date: 14 Dec, 2003 | Hits: 264
....ersing the judgment and decree dated 82-1999 passed by the learned Assistant Judge, Dohar Court, Dhaka in Title Suit No. 27 of 1998 dismissing the same.
2. The plaintiff respondent instituted aforesaid title Suit for a declaration that the letter No. 75/1992 dated 6‑8‑1992 issued by the h......cree dated 82-1999 passed by the learned Assistant Judge, Dohar Court, Dhaka in Title Suit No. 27 of 1998 dismissing the same.
2. The plaintiff respondent instituted aforesaid title Suit for a declaration that the letter No. 75/1992 dated 6‑8‑1992 issued by the headmaster of Kadamtala Pur..
Category: Civil Law | Date: 8 Dec, 2003 | Hits: 209
Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
.... or some other suitable procedure to reconsider or review or to see correctness of its judgement earlier made on furnishing of fresh materials by a party to the case which, according to it, if were before the court the judgement would have been otherwise as article 102 (2) or any other provision of ......operty as the constituted attorney of the said respondent Nos. 7 and 8. In the aforesaid background the respondent Nos. 1‑4 upon servicing a notice demanding justice filed the writ petition seeking declaration that the order dated May, 29, 1994 canceling their lease and the allotment of their plot..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899
Abul Bashar and ors. Vs. Prafulla Kumar Das & ors., 2004, 33 CLC (AD)
....isions of order 21 rule 29 of the code of civil procedure can not be availed of by the petitioners. The High Court Division as well as the assistant judge were quite correct in rejecting the prayer for stay……………………….(6) Lawye......8209;8‑1998 passed in a suit for partition Title Suit No. 8 of 1959 (Title Suit No. 28 of 1987). 2. The plaintiff‑petitioners have filed the Title Suit No. 96 of 1997 seeking declaration that the decree passed in Title Suit No. 28 of 1987 of the 1st Court of Munsif, Bhola is..Category: Property Law | Date: 2 Nov, 2003 | Hits: 96
Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)
....995 of the 1st Court of Subordinate Judge (now Joint District Judge), Gazipur, in Title Suit No. 44 of 1993 dismissing the suit which was filed seeking declaration of title in the land in suit and for a further declaration that names of Ananda Mohan Mondal, Gobinda Chandra Mondal, Fatik Chandra ...... The Limitation Act, 1908 (IX of 1908) Article 120 The person whose interest is affected due to preparation of wrong record of rights of his property is authorised to file a suit seeking declaration of title within six years from the date, the person in whose name record has been wron..Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038
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