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Afzal Molla (Md.) Vs. Government of Bangladesh & others, 2005, 34 CLC (HCD)
....e and the same is liable to be discharged. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 586. ......cle which could be applicable was the residuary Article 181 which provides a limitation of three years for an application but even that Article will not stand in the way of the exercise of revisional power for these powers can be exercised suo motu." 8. Moreover, our Appellate Division in ......etitioner Vs. Government of Bangladesh & others.................Opposite Parties Judgment January 10, 2005. Result: The Rule is discharged. Cases Referred to- Md. Swaleh and another Vs. United Grain & Fodder Agencies, 16 DLR (SC) 155; Nadira Rahm......e and the same is liable to be discharged. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 586. ..Category: Limitation Law | Date: 10 Jan, 2005 | Hits: 6
Abdur Rahman Sikder (Md.) Vs. Nur Mohammad Khan and others, 2005, 34 CLC (HCD)
....pplication for vacating the stay order is disposed of. Transmit a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 57 DLR (2005) 239. ......argo in giving effect to the decree by way of execution. Since appellate Court is in seisin of the matter after a decree of the Court in favour of 2nd party we hold the view that the Magistrate's power under section 145 CrPC is not available. 11. Moreover, we have noticed from the order she......titioner Vs. Nur Mohammad Khan and others.................................Opposite Parties Judgment January 10, 2005. Result: The Rule is discharged. Cases Referred to- Mozaffar Ahmed Vs. State and others, 49 DLR 485; Md. Tabibur Rahman Vs. Md. Saydur Rahman, ......pplication for vacating the stay order is disposed of. Transmit a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 57 DLR (2005) 239. ..Category: Criminal Law | Date: 10 Jan, 2005 | Hits: 4
Badar Biswas & others Vs. State, 2005, 34 CLC (HCD)
....imited order of stay for 3 (three) months granted at the time of issuance of the Rule stood vacated for the lapse of time Ed. This Case is also Reported in: 57 DLR (2005) 770. ......roceedings in Sessions Case No.54 of 2061 for 3, months so far as it relates to the petitioner Nos.1‑7. 3. During pendency of the Rule, the information-opposite-party appeared through separate power with representation to assist the State. The informant also filed an application for vacating .........Petitioners Vs. State ........................................................Respondent Judgment January 9, 2005. Result: The Rule is discharged. Cases Referred to- Sikander Ali Vs. State, 31 DLR (AD) 135; Abdul Hakim Chowdhury Vs. Ruhul Amin and State, 40......imited order of stay for 3 (three) months granted at the time of issuance of the Rule stood vacated for the lapse of time Ed. This Case is also Reported in: 57 DLR (2005) 770. ..Category: Criminal Law | Date: 9 Jan, 2005 | Hits: 37
Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)
....ppointing consultant but Md. Nasim ordered to appoint consultant and arranged payment of fees of the consultant by World Tel Holding Ltd. Thereafter, the said consultant was entrusted to evaluate the financial proposal of only bidder, World Tel Holding as it was decided the World Tel Holding would p......11‑98 a and 12-7-2001 alleging that Md. Nasim, at the relevant time, Post and Tele-Communication Minister and AHS Rahman, Director, Consociates Ltd. in collusion with each other, by misusing their powers got Consociates Limited appointed as consultant of the project in a preplanned manner and wit..........Petitioners Vs. State..................................................Opposite Party Judgment January 4, 2005. Result: The Rules are discharged. Cases Referred to- AIR 1945 PC 156; Abdul Quader Chowdhury Vs. State, 28 DLR (AD) 38; 14 DLR (SC) 96; 14 DLR (......the Rules are discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 546. ..Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1
Altaf Hossain Golondas Vs. Bangladesh and others, 2004, 33 DLR (HCD)
....lver is declared to have been issued without any lawful authority and to be of no legal effect. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 323. ......d the petitioner had never violated any terms and conditions of the licence. On 3‑8‑04 by general notification issued under the signature of the District Magistrate, Mymensingh in exercise of the power given under the Arms Act, 1978 particularly under section 18(Ka) and rule 42(1) of the Arms Ru...... others..................................Respondent Judgment December 14, 2004. Result: The Rule is made absolute. Though it is necessary for the security of the public peace to cancel the licences of the petitioner, the petitioner was not served with a notice before cancell......lver is declared to have been issued without any lawful authority and to be of no legal effect. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 323. ..Category: Arms Law | Date: 14 Dec, 2004 | Hits: 9
Fokrul Alam Chowdhury Vs. State & another, 2004, 33 CLC (HCD)
....k Ltd Cox's Bazar, the petitioner extended loan of Taka 58,14,621,63 to different persons and commercial enterprises in collusion with each other as CC (pledge) and SOD (FO) categories beyond his financial power and thereby violated the specific instructions given to him by the Head Office of th......#39;s Bazar, the petitioner extended loan of Taka 58,14,621,63 to different persons and commercial enterprises in collusion with each other as CC (pledge) and SOD (FO) categories beyond his financial power and thereby violated the specific instructions given to him by the Head Office of the Bank. Th......te & another............................................Opposite Parties Judgment December 12, 2004. Result: The Rule is discharged. Both civil and criminal cases can run together On the question of civil liability in the transaction, money suit filed against the a...... connection with the Rule stands vacated. Send a copy of the judgment to the Senior Special Judge, Cox's Bazar, immediately. Ed. This Case is also Reported in: 57 DLR (2005) 727. ..Category: Banking Law, Criminal Law | Date: 12 Dec, 2004 | Hits: 1
Most. Shilu Begum Vs. Md. Roshan Akter Rahman, 2004, 33 CLC (HCD)
....are of the petitioner which she is entitled to get according to municipal law. Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 48. ...... 13 was not maintainable, the same was barred by the law of limitation and there was service of summons upon her through Court and she herself appeared before the Court through a Lawyer and by filing power and petition took time for filing written statements on 18-4-95 but subsequently did not file ......……Petitioner Vs. Md. Roshan Akter Rahman………………………Opposite Party. Judgment December 7, 2004. Result: The Rule is made absolute. Cases referred to- Most. Johara Begum Vs. Rafiqul Kader, 25 DLR (HC) 91; Abdur Rashid and another Vs. Abdul Ba......are of the petitioner which she is entitled to get according to municipal law. Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 48. ..Category: Property Law | Date: 7 Dec, 2004 | Hits: 88
Regent Ken International Ltd Vs. Amanat Shah Ship Breaking Industries Ltd, 2004, 33 CLC (HCD)
....urt within 10 days, failing which this order of restoration shall stand vacated. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 234. ......akistan Vs. Khuda Yar and another reported in PLD 1975 SC 678 where it was observed that mere technicalities should not be allowed to stand in the way of justice. It is my view that the defect in the power of attorney for not correctly stamping the same can be cured by the production of the instrume......s. Amanat Shah Ship Breaking Industries Ltd.................Plaintiff Opposite Party Judgment November 30, 2004. Result: The miscellaneous case is allowed. Case Referred to- Manager Jammu & Kashmir, State Property in Pakistan Vs. Khuda Yar and another, PLD 1975......urt within 10 days, failing which this order of restoration shall stand vacated. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 234. ..Category: Admiralty Law or Maritime Law | Date: 30 Nov, 2004 | Hits: 6
Civil Engineering Co Vs. Mahkota Technology SDN BHD and others, 2004, 33 CLC (HCD)
.... the Ministry of Law and Parliamentary Affairs for necessary correction of the English text of the Arbitration Act, 2001. Ed. This Case is also Reported in: 57 DLR (2005) 734. ...... the Ministry of Law and Parliamentary Affairs for necessary correction of the English text of the Arbitration Act, 2001. Ed. This Case is also Reported in: 57 DLR (2005) 734. ......Mahkota Technology SDN BHD and others..........Opposite Parties Judgment November 10, 2004. Result: The Rules are discharged. Legal proceedings by a party against other party to an arbitration agreement Where a party to an arbitration agreement initiates legal proceedin...... the Ministry of Law and Parliamentary Affairs for necessary correction of the English text of the Arbitration Act, 2001. Ed. This Case is also Reported in: 57 DLR (2005) 734. ..Category: Arbitration Law | Date: 10 Nov, 2004 | Hits: 12
....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.
......rned Assistant Attorney-General and Mr. Hasan Faiz Siddique appearing with Mr. Abul Hye for the respondents, submit that the government refused to accord sanction in due exercise of its discretionary power and accordingly, withholding of sanction cannot be questioned, It is also argued that since th......নের কোন বিধানের সহিত অসংগতিপূর্ণ হইলে এই আইনের বিধান কার্যকর হইবে।
Cases Referred to-
Md. Riaz Vs. State, PLD 1966 (WP) Lahore 379;PLD 1960 SC 351; AIR 1969 SC 686.
Lawyers......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.
..
Category: Anti-Corruption Laws, Criminal Law | Date: 10 Nov, 2004 | Hits: 8
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. ......n object of the persons composing that assembly is First, to overawe by Criminal force, or show of Criminal force, the [Government or Legislature], or any public servant in the exercise of the lawful power of such public servant; or Second, to resist the execution of any law, or of any legal process......the unlawful assembly might not have the common object of murdering the victim but they had common object of committing an offence including murder through only four of the appellants caused injury to the victim, the three other being the members of the unlawful assembly are equally liable. ......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
Dr. Alauddin Ahmed Vs. Md. Idris Ali Bhuiyan and others, 2004, 33 CLC (AD)
....r that the impugned order calls for our 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) 14. ......ed stage as the evidence having been recorded the parties advanced their argument and at such belated stage the petition being filed it ought to have been rejected. The Election Tribunal has inherent power to dispose of an Election petition and so it cannot be stopped from passing any order at any s...... Amirul Kabir Chowdhury J Dr. Alauddin Ahmed ................................Appellant Vs. Md. Idris Ali Bhuiyan and others……….......Respondents Judgment October 30, 2004. The Representation of People’s Order, 1972 (P.O. 155 of 1972), Article 31 ......r that the impugned order calls for our 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) 14. ..Category: Election Law | Date: 30 Oct, 2004 | Hits: 142
Ashraful Alam Vs. Md. Moniruddin and ors, 2004, 33 CLC (HCD)
....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. ......io'. The plaintiffs were the owner of 'Ananda Studio'. 17. Ashraful Alam, son of defendant No.12, Shahidur Rahman, examined him as D.W.1, He deposed on behalf of his father by giving power of attorney. In support of his case, he said that they acquired title of the suit land includi................Appellant Vs. Md. Moniruddin and ors..........................Respondents Judgment August 17, 2004. Result: The Appeal is allowed. A permissive possession to become adverse must be established by cogent and convincing evidence to show hostile animus and p......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. ......ntioned to be as plot No.460 appertaining to Khatian No.449 from the waqf Administrator. The land was although recorded as waqf from RS record of rights in1928 up to the Bangladesh settlement. In the power of Attorney given by other relations appointing Khurshed Alam Attorney very land was mentioned...... Yusuf Chowdhury (Md.)……………………………………………Petitioner Vs. Administrator of Waqf and others………………………&helli......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. ..Category: Trust/Waqf Law | Date: 11 Aug, 2004 | Hits: 1
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. ......oceed with the Special Case No. 12 of 1985 by the learned Divisional Special Judge" and that as there is no sanction for the prosecution of the Respondent No. 1 the Court of Special Judge has no power to proceed with the special case and the sanction being absent the learned Divisional Special ......August 10, 2004. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A Merely on the ground of delay criminal proceeding is not liable to be quashed except in case of exceptional nature. In the instant case in the background of the c......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
....demands, the plaintiff bank failed to produce any papers in respect of alleged letter of credits. The plaintiff bank most illegally withheld the passbook of the defendant company and did not give any financial assistance in new venture. Consequently, the defendant company suffered huge loss.
9.......ntees, equitable mortgage of schedule 'Kha' property by deposit of title documents as described in schedule 'Ka', letter of hypothecation in respect of schedule 'Ga' property, power of attorney, etc. in favour of plaintiff.
6. On 14‑7‑82 defendant Nos.4 and 5 execute......VIII of 1891)
Suit for recovery of bank dues
The entries in the books of account regularly kept by the bank in the course of business are no doubt relevant at the trial. The bank is obliged to prove such entries But proof of such entries in its books of accounts shall not be sufficient evi......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
Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)
....ellant. If no deposit is made within that period the appeal stands dismissed. Let the lower Courts records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 310. ......ailed to consider the bainapatra, (Exhibit 1) and to determine the rights and obligations thereunder. That the bainapatra was not executed in between the plaintiffs and the appellant and there was no power of attorney to execute the same on their behalf. In view of the provisions of section 27 of th......ip;…………………………….Respondents Judgment July 28, 2004. Result: The Appeal is allowed. Cases Referred to- Latfur Rahman and others Vs. Golam Ahmad Shah and others, 39 DLR (AD) 242; Santosh Kumar Pa......ellant. If no deposit is made within that period the appeal stands dismissed. Let the lower Courts records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 310. ..Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6
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. ......o 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 between a person: (a) some actual power over the object possessed i.e. physical (corporeal) control or actual possession; and (b) some......s Judgment July 27, 2004. Result: The Rule is discharged. Easement Act (V of 1882); Section 60 Possession is the objective realisation of ownership. It is the de facto exercise of a claim to certain property and a de facto counterpart of ownership. Possession is a ......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. ..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
....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.
......himself has ventured to criminal Court and does not also bring the case within the scope of section 138(1) of the Negotiable Instruments Act, 1881 because by imposing fine criminal Court preserves no power to satisfy the complaint ensuring the payment of full amount of Taka 18,00,000 which is more t...... others...........Petitioners
Vs.
Md. Habibullah and another......................Opposite Parties
Judgment
July 19, 2004.
Result:
The Rule is discharged.
According to section 138 of the Act (XXIV of 1881), a cheque drawn by a person for payment of any amount of mo......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.
..
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)
....equires adjudication of factual aspect by evidence" in the impugned judgment is hereby expunged. With above expunction of the redundant observation, this petition is dismissed. Ed. ......th hire/occupancy charges in pursuance of Notification No. CF & AO-IV (158) / 1197 dated 4-9-1986 published in the Bangladesh Gazette. Section 18 of the Chittagong Port Authority Ordinance 1976 empowers the Chittagong Port Authority to permit erection and maintenance of private docks. The Chitta......hnabish, Advocate-on-Record- For the Petitioners. Habibul Islam Bhuiyan, Senior Advocate, instructed by Mahmuda Begum, Advocate-on-Record- Respondents Nos. 1-4. Civil Petition for Leave to Appeal No. 749 of 2004 (From the judgment and order dated 5th January 2004 passed by the High C......equires adjudication of factual aspect by evidence" in the impugned judgment is hereby expunged. With above expunction of the redundant observation, this petition is dismissed. Ed. ..Category: Fiscal/Taxation Law | Date: 18 Jul, 2004 | Hits: 109
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