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.... No.2. Annexure‑D‑2, refusing to give sanction to Special Case No.39 of 2004 in the Court of the Metropolitan Sessions Judge. Special Court Dhaka arising out of Complaint Petition No.3795 of 2003 for proceeding with the case against the respondent Nos.5 and 6 and the impugned order dated 9‑5......made absolute in part without any order as to costs. The respondent No.4 is directed to proceed with the case in accordance with law.
Ed.
This Case is also Reported in: 57 DLR (2005) 730.
......nder the signature of respondent No.2. Annexure‑D‑2, refusing to give sanction to Special Case No.39 of 2004 in the Court of the Metropolitan Sessions Judge. Special Court Dhaka arising out of Complaint Petition No.3795 of 2003 for proceeding with the case against the respondent Nos.5 and 6 and ..
Category: Anti-Corruption Laws, Criminal Law | Date: 10 Nov, 2004 | Hits: 8
Shamsul Haque (Md) Vs. Amina Khatun and others, 2004, 33 CLC (AD)
.........Respondents Judgment August 31, 2004. Result: The appeal is allowed. The Code of Civil Procedure, 1908, (V of 1908), Order XIX, Rule 1(1), (3) When there was no issue before the trial court nor the appellate court regarding waiver, the High Court Division was not requi......s been miscarriage of circumstances and this requires interference by us. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 23.......vision in the case of Shamsul Huda (Md.) being dead his heirs Hafez Md. Ismail & others Vs. Bangladesh and others reported in 5 BLC (AD) 108 held that "Neither from the averments made in the plaint that the plaintiff claimed the property in suit as a vested property nor the learned Subordin..Category: Civil Law | Date: 31 Aug, 2004 | Hits: 156
Ashraful Alam Vs. Md. Moniruddin and ors, 2004, 33 CLC (HCD)
....wed. A permissive possession to become adverse must be established by cogent and convincing evidence to show hostile animus and possession adverse to the knowledge of real owner. Mere possession for a long time does not result in converting permissive possession into adverse possession. Cf: Tha......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. ......r a long time does not result in converting permissive possession into adverse possession. Cf: Thakur Kishan Singh (dead) Vs. Arvind Kumar; 1994(6) SCC 591. Here, in this case, possession of the plaintiffs in the suit shops cannot be termed as adverse....(34 & 35) Case Referred to- ..Category: Property Law | Date: 17 Aug, 2004 | Hits: 2
Hasina Begum Vs. Deputy Commissioner, Dhaka and others, 2004, 33 CLC (HCD)
....nate Judge, Court No.3 at Dhaka in Title Suit No.14 of 1991, which dismissed the suit. 2. On 21‑1‑91 the plaintiff instituted the suit against the Deputy Commissioner, Dhaka and three others for declaration of title in the suit land with building thereon fully described in the schedule to t......defendant No.2, the Additional Commissioner, Dhaka, the Land Appeal Board and the Secretary, Ministry of Land. Thus disappointed and frustrated, she was constrained to institute the suit. 11. By amendment of the plaint, she also stated that she got her name mutated by order dated 19‑392 ......ntiff presented the appeal against the decree dated 9‑7‑2000 passed by the Subordinate Judge, Court No.3 at Dhaka in Title Suit No.14 of 1991, which dismissed the suit. 2. On 21‑1‑91 the plaintiff instituted the suit against the Deputy Commissioner, Dhaka and three others for declaratio..Category: Others | Date: 15 Aug, 2004 | Hits: 3
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. ..............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
.... 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......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.
......and 'Ga’ were mortgaged to the bank. The suit was then transferred to the Court of Subordinate Judge and Artha Rin Adalat No.3 at Dhaka and renumbered as Title Suit 120 of 1990.
3. The plaint case, in short, is that the plaintiff bank was registered under the Bangladesh Companies Act,..
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......e decree which he obtained in his Partition Suit. The title of the plaintiff in the suit land is mere paper title and that she inserted her claim for recovery of possession on 29‑9‑1984 by way of amendment of the plaint. It could not be said that the possession of the defendant No.1 was not adve......ree the suit on contest with costs declaring the ex parte decree obtained by the defendant No.1, namely, Nurul Haque, on 24‑51979 in the Other Class Suit No.100 of 1978 is not binding upon the plaintiff. 3. As against the said, judgment and decree the defendants preferred the Other Appea..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
MM Ishak Vs. State and another, 2004, 33 CLC (HCD)
.... Vs. State and another .......................Opposite Partes Judgment July 25, 2004. Result: Both the Rules are made absolute. Lawyers Involved: Syed Mizanur Rahman with SRM Lutfor Rahman Akhand, Advocates ‑ For the Petitioner. Abdul Baset Mazumder with Nakib Saiful Islam......nst the accused persons. MM Ishak, the petitioner of Criminal Miscellaneous Case No. 426/2004, is the accused husband, while the informant is the victim wife. 9. Section 11 of the Ain, 2000 before amendment on 19‑7‑2003 was as follows: “১১। যৌতুকের জন্য মৃ......re being disposed of by this judgment. 2. The short facts leading to the Rules are that, opposite party No. 2 of Criminal Miscellaneous Case No. 426/2004, Silvia Akter Nazma filed a petition of complaint before the Tribunal against six accused persons including MM Ishak, petitioner of Criminal Mi..Category: Women and Children | Date: 25 Jul, 2004 | Hits: 156
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......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. ...... July 20, 2004. The Waqf Ordinance, 1962 (I of 1962), Sections 64 and 102 The Code of Civil Procedure, 1908(V of 1908), Order VII, Rule 11 What is to be considered in rejecting a plaint? From averment in the plaint itself ground is to be found out, whether plaint prima faci..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......at the suit was not maintainable in the absence of any relief for declaring the deeds being 965 and 966 dated 30‑1‑70 void and/or, cancellation thereof It was also contended that the suit without amendment of the plaint for recovery of possession on the claim of dispossession of the plaintiff on......itle Appeal No.09 of 03 reversing those dated 1‑12‑2003 passed by the Joint District Judge, Court No.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 part..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…&......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. ...... Jalpaiguri in India and also some shares in the Nipuchapur Tea Estate, Jalpaiguri. One Satyabati Devi and her co‑sharers had properties in the Rangpur town as described in schedule A to the plaint. Satyabati Devi and her co‑sharers were desirous of leaving this country for good and ..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...... 147 of 1992 renumbered as Title Suit No. 113 of 2000 in the 4th Court of Artha Rin Adalat for foreclosure and sale of mortgage and hypothecated properties including the property of respondent. By amendment of the written statement, the defendant bank further stated that they already obtained a ......No; 96 of 2002 affirming those dated 26‑11‑2001 of the Joint District Judge and Commercial Court No. 1, Dhaka in Title 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 pet..Category: Civil Law | Date: 5 Jul, 2004 | Hits: 171
Hafez Abdus Salam Vs. Syed Fazlul Quader and another, 2004, 33 CLC (HCD)
.... 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 order rejecting a memorandum of appeal for non-supply of deficit court fees…………..(16) rejection of a memor......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. ......eous Case No.27 of 2003, which dismissed the case as not maintainable. 2. Short facts for disposal of the appeal are that respondent No.1 as plaintiff instituted Other Suit No.42 of 97 for Specific Performance of a contract. The suit was dec..Category: Civil Law | Date: 29 Jun, 2004 | Hits: 3
Rajshahi Development Authority Vs. Sultan Ahmed, Advocate and others, 2005, 34 CLC (AD)
....d disposed, of thereunder, as if it 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 sa...... applicable in the facts and circumstances of the present case in view of the due service of notice of such requisition and acquisition under the Emergency Requisition of Property Act inasmuch as the amendment as to the operative part of the order making the Rule absolute by adding the words present......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
Abdul Mumin alias Tanu Miah Vs. Mahfujur Rahman and others, 2004, 33 CLC (AD)
....an in question sold parcels of land by five registered kabalas dated September 5, 1988 to Mehfuzur Rahman, the Respondent No.1 in each of the appeal. It was also 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 Judg...... with the word 'holding' as used in Section 96 of the State Acquisition and Tenancy Act. It has further been held that the prevision of Section 24 of the Non-Agricultural Tenancy Act as stand after amendment provides right of pre-emption only to the co-sharer tenants in the land. While allowing th......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...Category: Property Law | Date: 28 Jun, 2004 | Hits: 43
.... Reported in:56 DLR (AD) 166.
......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.
......d Shanghai Banking Corporation Limited, Dhaka Main Office, Sonargaon Road, Dhaka by the defendant No. 1 was illegal, void, malafide and without any lawful authority and, as such, not binding upon the plaintiff and the defendant Nos. 1 and 2 are jointly and/or severally liable to pay to the plaintiff..
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)
....339 of 2002. Judgment Md. Awlad Ali J.- This Rule Nisi was issued calling upon the respondents to show cause as to why sections 6 and 7 of the Artha Rin Adalat Ain, 1990 insofar as they provide for payment of 50% of the decretal amount when it was sought by the defendant petitioner to either h......gent measure and enacted the special law providing the special procedure for realisation of the loan speedily and thus the enactment, namely, the Artha Rin Adalat Ain, 1990 was enacted. By subsequent amendment the provision was introduced the Ain for setting aside the ex parte decree according to th......any lawful authority and is of no legal effect. 2. The facts as stated in the petition briefly, are that the petitioner is the proprietor of Messrs Jamil Trading Company. The respondent No.2 being plaintiff filed Mortgage Suit No.26 of 2001 on May, 2001 against the petitioner and his two guaranto..Category: Banking Law | Date: 14 Jun, 2004 | Hits: 310
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......, clearly mentioned that their appointment was not to be considered as placement in the cadre direct and regarding the condition in the offer of appointment that the said condition and the subsequent amendment in BCS Seniority Rules incorporating rule 3(g) are not all contrary to the conditions ther......aid appeal was heard and dismissed on merit, the Civil Petition for Leave to Appeal No. 826 of 1998 shall also stand dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128
....harged.
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 plaint even before taking of evidence if the conditions stipulated in the said provisions are satisfied.
Sinc......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.
......e 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 plaint even before taking of evidence if the conditions stipulated in the said provisions are satisf..
Category: Banking Law, Corporate Law | Date: 10 May, 2004 | Hits: 9
Sultan Miah (Md) Vs. Kazi Abu Siddique and others, 2005, 34 CLC (AD)
.... Md. Roushan Ali, Advocate, instructed by Md. Ataul Haque, Advocate‑ 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 ......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. ......d by a Single Bench of the High Court Division in Civil Revision No. 4619 of 1997 making the Rule absolute. 2. The facts, leading to this petition, are that the leave‑petitioner as plaintiff instituted Title Suit No.37 of 1994 in the Court of Senior Assistant Judge, Palash, Narsin..Category: Civil Law | Date: 8 May, 2004 | Hits: 825
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