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Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)
....est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ......s has paid Taka 5,000 as earnest money and the defendant No 1 upon receiving the said earnest money executed bainapatra with the stipulation that, he would execute the deed of sale within 6 months from the date of agreement but the defendant No. 1 did not execute and register the kabala in spite......ant No. 1 to materialise the decision said to have been made in the salish held to settle the ejectment suit filed by the defendant No. 1 against Khurshed Ali Master has not been established by any independent witness. PWs 3 and 4 although deposed about holding of a salish for the settlement of t......est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ..Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147
Mahadeb Chandra Mondal and other Vs. Dulal Chandra Mondal and other, 2005, 34 CLC (AD)
.... Accordingly, the appeal is allowed without any order as to costs and Title Suit No. 174 of 1975 of the Court of Munsif, Second Court, dismissed without any order as to costs. Ed. ......iffs; they filed an application before the Sub-Divisional Officer. Khulna under the provisions of President's Order No.88 of 1972 and President Order No. 136 of 1972 for redemption of the suit land from the defendant No. 1 but the case was stayed by the Government and hence the plaintiff filed th...... Accordingly, the appeal is allowed without any order as to costs and Title Suit No. 174 of 1975 of the Court of Munsif, Second Court, dismissed without any order as to costs. Ed. ...... Accordingly, the appeal is allowed without any order as to costs and Title Suit No. 174 of 1975 of the Court of Munsif, Second Court, dismissed without any order as to costs. Ed. ..Category: Property Law | Date: 4 Jan, 2005 | Hits: 137
Biseruddin Sarder (Md) and others Vs. Md. Tofazzal Hossain Biswas and others, 2005, 34 CLC (AD)
....e view that the High Court Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ......red, title and possession in the suit land. The further case of the defendants is that the original owner Saku Sarder took loan of Taka 71 on 12th Ashar, 1336 BS and another sum of Taka 92 in 1337 BS from Tayebuddin Biswas, the predecessor of the defendants. Saku Sarder executed a loan documen...... further held that DW 1 is defendant No.1 himself and DW 2 is husband of defendant No. 2 and they are interested witnesses and, as such, their evidence could not be relied upon unless corroborated by independent witnesses but no independent witnesses was produced in this case by the defendants. ......e view that the High Court Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ..Category: Property Law | Date: 13 Dec, 2004 | Hits: 21
Atiquzzaman Khan (Md) Vs. State, 2005, 34 CLC (AD)
....ty thousand) is reduced to Taka 5,000 (five thousand) since the appellant has already deposited Taka 13,866 on 28‑2‑1983 out of misappropriated amount of Taka 18,812.90. Ed. ......ppellant under section 409 of the Penal Code read with section 5(2) of Act 11 of 1947 and sentencing him to suffer rigorous imprisonment for 2 (two) years and to pay a fine of Taka 20,000 recoverable from his properties under Public Demands Recovery Act. 2. On an allegation of misappro......ty thousand) is reduced to Taka 5,000 (five thousand) since the appellant has already deposited Taka 13,866 on 28‑2‑1983 out of misappropriated amount of Taka 18,812.90. Ed. ......ty thousand) is reduced to Taka 5,000 (five thousand) since the appellant has already deposited Taka 13,866 on 28‑2‑1983 out of misappropriated amount of Taka 18,812.90. Ed. ..Category: Criminal Law | Date: 4 Dec, 2004 | Hits: 78
Haider Ali and ors. Vs. State, 2004, 33 CLC (AD)
....those who came to the place of occurrence to rescue the victim. In view of our above discussion we fined no substance in this appeal and accordingly it is dismissed. Ed. ...... brother of the informant, Bhabi, named Angura Bibi, sister of the informant also named Angura Bibi his father Abdul Jalil and Lai Bibi came to the place of occurrence. Dilbahar, after taking a fikol from the hand of accused Khosh Bahar, gave a blow in the left abdomen of Fatik Mia who fell down on ......those who came to the place of occurrence to rescue the victim. In view of our above discussion we fined no substance in this appeal and accordingly it is dismissed. Ed. ......those who came to the place of occurrence to rescue the victim. In view of our above discussion we fined no substance in this appeal and accordingly it is dismissed. Ed. ..Category: Criminal Law | Date: 4 Nov, 2004 | Hits: 102
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. ...... No.1 was the Manager of the Rupali Bank, Branch at Fakirapool while the said Bank was a nationalised Bank. Respondent Nos. 2 and 3 are the wives of the respondent No.1. Respondent No.1 was dismissed from service for resorting to corruption. He filed Title Suit No. 2 of 1989 and the same was decreed......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. ......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. ..Category: Criminal Law | Date: 10 Aug, 2004 | Hits: 84
....ts books of accounts shall not be sufficient evidence to entitle the bank to charge any person with any liability and ultimately, to a decree against him. The bank must adduce independent evidence in corroboration thereof.
Documentation is one of the most important parts of the lending operatio......the most important parts of the lending operation of a bank.
In case of need the realisation of bank dues depends to a large extent upon the precision and completeness of the documents obtained from the customers; each bank should have a set of printed forms of its own which must be drawn by l......oof of such entries in its books of accounts shall not be sufficient evidence to entitle the bank to charge any person with any liability and ultimately, to a decree against him. The bank must adduce independent evidence in corroboration thereof.
Documentation is one of the most important parts......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.
..
Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4
SM Salim Vs. Chairman, Chittagong Club Ltd. and others, 2005, 34 CLC (AD)
....eads to support the allegation of the first party that the termination was, in fact, a victimisation for his trade union activities. These petitions are accordingly dismissed. Ed. ......party respondent Nos. 1‑2 (Writ Petition No.2580 of 2000) before the opposite party respondent No.3 challenging the order dated 29‑6‑1999 terminating the petitioner's service from the office of the opposite party‑respondent No.1 along with a prayer for arrear salary. ......eads to support the allegation of the first party that the termination was, in fact, a victimisation for his trade union activities. These petitions are accordingly dismissed. Ed. ......eads to support the allegation of the first party that the termination was, in fact, a victimisation for his trade union activities. These petitions are accordingly dismissed. Ed. ..Category: Employment/Service Law | Date: 1 Aug, 2004 | Hits: 100
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. ......xhaustive as required by rule 4(2) of Order XX of the Code but it must be a reasoned one. Every citizen has got a right to a reasoned judgment. Section 17 of the Arbitration Act does not exempt Court from the duty as mentioned above even when no one appears opposing the award. Section 17 of the Act ......rator, only course open to a party to the contract was to move the Court under section 8(1)(a) of the Act for appointment of an arbitrator. None of the parties has any right to appoint any arbitrator independent of the agreement and ask other party to concur. The course adopted by the consultant cou......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. ..Category: Arbitration Law | Date: 27 Jul, 2004 | Hits: 8
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. ......gh their constituted attorney Abu Siddique Mazumder (defendant No.7) on 30‑12‑1960. The further case of the plaintiff was that Abu Siddique Mazumder was friendly with the plaintiff from before and since the plaintiff could not come to Rangpur from India at the relevant time for ......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. ......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. ..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Mukul Vs. State, 2004, 33 CLC (AD)
.... 22. In the background of our discussions made hereinabove as review cannot be granted for merely reexamination of the same argument, the petition for review is dismissed. Ed. ......Narail PS Case No. 29 of 1999 was started under sections 10(1) and 14 of the Ain. It may be mentioned in the post mortem report it was noted that death of Swapna Begum was due to asphyxia resulting from strangulation by manual pressure on the neck and upper part of the chest which was ante‑...... 22. In the background of our discussions made hereinabove as review cannot be granted for merely reexamination of the same argument, the petition for review is dismissed. Ed. ...... 22. In the background of our discussions made hereinabove as review cannot be granted for merely reexamination of the same argument, the petition for review is dismissed. Ed. ..Category: Criminal Law | Date: 10 Jul, 2004 | Hits: 100
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. ......Rule absolute thereby transferring‑ Sessions Case No. 54 of 2003 arising out of Gazaria PS Case No. 10 (8) 1996 dated 15‑81996 under sections 364/302/201/109 of the Penal Code from the Court of Sessions Judge, Munshiganj to the Court of Sessions Judge Dhaka. ...... 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. ...... 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. ..Category: Criminal Law | Date: 30 Jun, 2004 | Hits: 80
Rajshahi Development Authority Vs. Sultan Ahmed, Advocate and others, 2005, 34 CLC (AD)
....ury, that has been suffered by the writ‑petitioner and is confined to thefacts and circumstances of this case only. The appeal is dismissed without any order as to costs. Ed. ......1 of 1978‑79 and/or either to get it permanently acquired by publishing the notification under section 5(7) of the Act on payment of compensation at present day market value or release the same from requisition and again on 10‑5‑2001 sent legal notice. 9. While a......ury, that has been suffered by the writ‑petitioner and is confined to thefacts and circumstances of this case only. The appeal is dismissed without any order as to costs. Ed. ......ury, that has been suffered by the writ‑petitioner and is confined to thefacts and circumstances of this case only. The appeal is dismissed without any order as to costs. Ed. ..Category: Constitutional Law | Date: 29 Jun, 2004 | Hits: 232
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. ......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. ......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. ......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. ..Category: Property Law | Date: 25 May, 2004 | Hits: 121
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. ...... that again on 8‑11‑1994, the defendants with an intention to construct wall kept rod, cement, etc. on the land of CAB and the plaintiff having found possibility of his being dispossessed from the western side of the suit land filed the suit. During the pendency of the suit, the plaintif......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. ......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. ..Category: Civil Law | Date: 8 May, 2004 | Hits: 825
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. ......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. ......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. ......e 11 of the Code of Civil Procedure seeking rejection of the plaint stating, inter alia, that the subject matter of the suit is an open water body and the people of the locality are enjoying the resources thereof, that plaintiffs have no cause of action for filing, the instant suit, that suit ha..Category: Property Law | Date: 27 Apr, 2004 | Hits: 102
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. ......n 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 by the Medical Officer ...... 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. ...... 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. ..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. ......ing recommended the application of price escalation made by the petitioner and accordingly, the World Bank was Willing to disburse the money but the respondents Unlawfully declined to claim the money from the World Bank. (2) The High Court Division has committed error in law in holding that th...... 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. ......entary evidence. The method to be used, the formula (if applicable) and the base date for application shall be clearly defined in the binding documents. If the payment currently is different from the source of the input and corresponding index, a correction factor shall be applied in the formula to ..Category: Constitutional Law | Date: 6 Apr, 2004 | Hits: 215
Nurul Huq (Md) @ MN Huq Vs. Nirmal Chandra Dutta & anr., 2004, 33 CLC (AD)
....ave been executed by the respondent and to decide the appeal iii accordance with law. The plaintiff of the suit shall bear the costs of the examination by the Handwriting Expert. Ed. ...... denied by the defendant respondent and emphatically asserted by the appellant appeal has been remanded to the High Court Division with a direction to hear the appeal a fresh after obtaining report from the hand-writing expert as to execution of the document in question………&he......ave been executed by the respondent and to decide the appeal iii accordance with law. The plaintiff of the suit shall bear the costs of the examination by the Handwriting Expert. Ed. ......ave been executed by the respondent and to decide the appeal iii accordance with law. The plaintiff of the suit shall bear the costs of the examination by the Handwriting Expert. Ed. ..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. ......or particulars of the allegations said to have been received against him as well as without disclosing the identity of theperson who was said to have made allegation, nor disclosing the source wherefrom the allegations were received and termination of the appointment so made was violation of the ......discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ...... the nature or particulars of the allegations said to have been received against him as well as without disclosing the identity of theperson who was said to have made allegation, nor disclosing the source wherefrom the allegations were received and termination of the appointment so made was viola..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 201
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