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Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
....'. But neither the scribe of the deeds nor the person who identified the plaintiff Zamini Bala before the sub-registrar could be produced and examined by the defendant. The defendant did not take any step to prove the execution and registration of the deeds. 18. With regard to possession, t......f the trial Court restored. The suit is decreed as prayed for. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 774. ...... of status quo. The appellate Court did not at all consider such vital question of the suit. 33. It is now well settled that if a party, is dispossessed from the suit land during the course of a proceedings the Court is not only entitled but also duty bound to restore such party to possession i..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
Mukul Vs. State, 2004, 33 CLC (AD)
....oner from the house at the relevant time, was not established by the reliable evidence, that petitioner's contention that as prosecution case of causing death of Swapna Begum was not established by any direct evidence and that as evidence of PW 14, Medical Officer, who held post‑mortem exa...... 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. ......gment July 10, 2004. The Supreme Court of Bangladesh (Appellate Division) Rules, 1988 Rule I Order XXVI in Part IV This provision provides for review of criminal proceedings “ on the ground of an error apparent on the face of the record” and it impl..Category: Criminal Law | Date: 10 Jul, 2004 | Hits: 100
Oriental Bank Ltd. Vs. Rina Alam and another, 2004, 33 CLC (AD)
.... is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Section 11 The matter in issue was not at all in controversy in the previous suit and that the same was not litigated upon or any decision arrived at by the Artha Rin Adalat and, as such, the issue that has been decided on evi......nsel for the petitioner to interfere with the impugned judgment of the High Court Division. This petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 51. ...... decide, it will operate as res judicata in a subsequent regular suit. It is not necessary that the Court deciding the matter formerly be competent to decide the subsequent suit or that the former proceeding and the subsequent suit shall have the same subject-matter. The nature of the former pro..Category: Civil Law | Date: 5 Jul, 2004 | Hits: 171
Rajshahi DevelopÂment Authority Vs. Sultan Ahmed, Advocate and others, 2005, 34 CLC (AD)
....ugh the local Deputy Commissioner requisitioned the land for the purpose of acquisition but did not submit the case with his report for the decision of the Government and the latter also did not make any decision as to the acquisition required under sub‑sections (5) and (6) of section 5 of the......ishing gazette notification thereby depriving the respondent of adequate compensation. The respondent is, entitled to compensate at the present market rate for the acquisition thereof at this belated stage. The respondent has accordingly, submitted that there should be some proximity between the dat......Property Act, are to be continued and 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 r..Category: Constitutional Law | Date: 29 Jun, 2004 | Hits: 232
Abdul Mumin alias Tanu Miah Vs. Mahfujur Rahman and othÂers, 2004, 33 CLC (AD)
....esÂtion in the background of the principle of law enunciated in the case reported in 35 DLR (AD) 230 and as such the High Court Division erred in law in rejecting the revisional applications without any consideration of this aspect of the case. 10. It may be mentioned the learned Counsel for...... their names were mutated in Khatian No. 14. It may be menÂtioned H.E. Precival was the owner of the land of Khatian Nos.14, 18, 20, and 24 plot No.108 originally was listed in Khatian No.14. At one stage of the certificate proceeding the land of the aforesaid 4 Khatians were amalgamated in Khatian...... in Khatian No. 14. It may be menÂtioned H.E. Precival was the owner of the land of Khatian Nos.14, 18, 20, and 24 plot No.108 originally was listed in Khatian No.14. At one stage of the certificate proceeding the land of the aforesaid 4 Khatians were amalgamated in Khatian No. 18 comprising plot N..Category: Property Law | Date: 28 Jun, 2004 | Hits: 43
....ton Binda and Co Ltd Binder 27 DLR 583; Damodar Valley Corporation vs KKK Kar (1974) 1 SCC 141; (1996) 1 SCC, 54 (Indian Drugs & Pharmaceuticals Ltd vs Indo Swiss Synthetics Gem Manufacturing Company Ltd and others); (2001) 6 SCC, 365 (Fuerst Day Lawson Ltd vs Jindal Exports Ltd); AIR 1959 SC, 1...... so filed for the adjudication of the claim and counter‑claim of the parties is entertainable by the court in Bangladesh and that the Court has jurisdiction to adjudicate the dispute even if at one stage the same was the subject matter of arbitration. but because of terminating the contract betwee......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 not as to matter restraining a particular party from proceeding with arbitration in foreign country in respect of a contract signed in Bangladesh…….(..
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)
....nd 44 of the Constitution and why the ex parte decree dated 12‑6‑02 passed in Mortgage Suit No.26 of 2001 (Annexure‑F to the petition) should not be declared to have been passed or made without any lawful authority and is of no legal effect. 2. The facts as stated in the petition briefly, a...... view, not maintainable. The Rule is accordingly, discharged with cost. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 57 DLR (2005) 138. ......had not been published in accordance with the provision of section 5(Ka) of the Ain as no summons was published in the English daily newspaper and therefore, the petitioner had no knowledge about the proceeding of the suit and the ex parte decree obtained by the respondent bank and consequently, the..Category: Banking Law | Date: 14 Jun, 2004 | Hits: 310
State Vs. Md. Delwar Hossain Faraji, 2004, 33 CLC (HCD)
.... 9. In the case there is no eye‑witness of murder of wife Hasi Begum. Having regard to the manner, place and time of occurrence it was difficult on the part of prosecution to produce in witness box any ocular evidence for the commission of murder. It is to be remembered that a crime to be proved i......lice, Dhaka. iv. Superintendent of Police, Pirojpur. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 264. ......brahim Khalil, Assistant Attorney-General- For the State. Abul Bashar State Defence Lawyer- For the Convict. Death Reference No.39 of 2001. Judgment AK Badrul Huq J.-This criminal proceeding by way of Death Reference is another epitome of doing to death of wife by husband where w..Category: Criminal Law | Date: 18 May, 2004 | Hits: 3
Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)
.... maintainable. 21. The learned Counsel for the pre-emptee Respondents has submitted that non-serving of notice in separating the jama was a mere irregularity and that as the pre-emptor did not filed any appeal as against the order of the Revenue Officer he was preclude from taking exception to the ......nce sufficient time had passed from the time of filling the Miscellaneous Case upon mentioning wrong provision of law and by such passage of time right has accrued to the pre-emptees, as such at this stage of the matter upon resorting to the provision of Section 24 of the Non-Agricultural and Tenanc......n of the jama no appeal has been preferred against the order passed by the Revenue Officer indicating also that the separation of the jama has been accepted. The mere fact that notice of the mutation proceeding has not been served on the respondent can not defeat the final order passed by the Revenu..Category: Property Law | Date: 25 Apr, 2004 | Hits: 42
Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)
.... 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 decision of any right in any suit or proceeding pending before any Court or Tribunal. Hence without issuing any ...... 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: .......(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 decision of any right in any suit or proceeding pending before any Court or Tribunal. Hence without issuing any rule High Court Division ..Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175
Abdul Jabbar Vs. Md. Lokman Hossian, 2006, 35 CLC (AD)
....became a defaulter. It was also the conÂtention of the petitioners before the High Court Division that defendant being admitÂtedly a tenant he was estopped without vacating the premises from taking any other plea contradictory to his earlier posiÂtion i.e. tenant on the basis of subsequent allege...... 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. ......t of the premises in suit. 4. The trial Court dismissed the suit upon observing that there is dispute regarding the ownership of the suit premÂises between the parties and that in a preÂemption proceeding plaintiff admitted the title of the defendant and that after filing of the suit the defen..Category: Tenancy Law | Date: 21 Apr, 2004 | Hits: 69
Agrani Bank, rep. by the Chairman, BoD, & ors. Vs. Khandaker Badrudduza, 2004, 33 CLC (AD)
....ntion of instructions, etc. no dishonest intention is required to be proved. The liability in such cases is of an absolute nature. Once it is found that an employee is negligent or has contravened any instruction, he incurs the liability for punishment and, strictly speaking, there is no room fo......ase is allowed in part. The impugned order of dismissal from service dated 24‑2‑92 passed by OP No. 4 is hereby modified to that of reducing the applicant appellant to the lowest stage in the Time Scale. The applicant‑appellant is entitled to all arrears of financial ben......l 7, 1994. 5. Thereupon, the respondent filed case before the Administrative Tribunal and the said Tribunal upon holding that there was no procedural defect in holding the departmental proceeding and all the allegations of unauthorised absence were proved during the inquiry and all ..Category: Administrative Law | Date: 6 Apr, 2004 | Hits: 130
Shakawat Hassan Vs. State, 2004, 33 CLC (HCD)
.... This Case is also Reported in: 57 DLR (2005) 244. ......litical connection in his area police is trying to arrest him only to harass and humiliate him and that case-petitioners has no forum to surrender. As the petitioner has no forum to surrender at this stage and police is after him we are inclined to enlarge the accused-petitioner on anticipatory bail...... This Case is also Reported in: 57 DLR (2005) 244. ..Category: Criminal Law | Date: 4 Apr, 2004 | Hits: 1
Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)
....d against the petitioners". 6. Leave was granted to consider the submissions that there was no inordinate delay in prosecuting, the accused persons and that there was no complaint of prejudice of any kind and, as such, the High Court Division was in error in quashing the proceeding of the Specia......€‘1992 and the charge sheets were submitted between 12‑10‑1994 and 30‑4‑1995 and the special cases were taken up for hearing on 16‑7‑1995. 16. It is to be kept in mind investigation stage is, generally speaking, outside the purview of the Court and involves employment of any Court ......004. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A The Anti‑Corruption Act, 1947 (II of 1947), Section 5(2) The circumstances connected with the delay in terminating the proceeding will have to be examined in each case to determine whether the delay constitutes abuse of..Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
....stating, inter alia, that they have a Salt Industry under the name and style "Rajapur Salt" on the other side of the river at Khulna Jailkhana ghat and another business named A Jalil Company Limited of which her father A Jalil is the owner. The Managing Director of the Company Mr. &nbs......f the car. "Chayan" started on his own motorcycle. On the way Ali Akbar, Ashik Barun accompanied them and they also went to ghat No. 4 to the Ice factory of accused Ershad Sikder. At one stage of the discussion the accused with his men attacked Monirul Islam and his companions and ......er XXVI of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988 is subject to the law and practice of the Court. The Court may of its own motion or on the application of a party to the proceeding may make review on the grounds of an error apparent on the face of the record. ..Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332
BRTC Vs. Md. Esken Mollick and anr., 2004, 33 CLC (AD)
....proceeding ex parte and thereafter dismissed him from service on 26‑2‑1992 effective from 27‑21992 and that he submitted grievance petition to the management but did not have any decision and therefore filed complaint with the Labour Court and that the appellant BRTC contes......as come to a correct decision and there being no error in the said judgment, the appeal has no substance. In the result the appeal is dismissed without any order as to costs. Ed. ......on was brought against him to the effect that on 19‑12‑1991 at 7‑45 PM being drunken he entered into the Bus Depot of BRTC and assaulted his colleagues and on the said allegation proceedings were drawn against him and he was asked to show cause as to why punitive action should ..Category: Labour and Industrial Law | Date: 16 Mar, 2004 | Hits: 99
Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)
....titioner upon due compliance of relevant law and such resolution having been approved by the competent authority, the order of removal of the petitioner from office of chairman does not suffer from any infirmity. The Constitution of Bangladesh, 1972 Article 9 The Pourashava ......passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance. Accordingly, the petition is dismissed. Ed. ......er that in the special meeting allegedly held on June 8, 2003 no resolution as required under the law was adopted to remove the petitioner and that the so‑called resolution may at best be the proceeding of a meeting but the said proceeding having been taken in violation of section 13(3) of..Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269
....why the judgment and order dated 4‑11‑2002 (Annexure-A) passed by the Second Labour Court, in Industrial Relations Ordinance Case No.20 of 2002, should not be declared to have been passed without any lawful authority and of no legal effect.
2. It appears from the petition that one Md. Afzal......
In the result, the Rule is made absolute with the above observations and directions.
There is no order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 741.
......ion. He joined the service of the Corporation on 21-7-1967 as an orderly and over the years, rose to the position of a market inspector. He was placed under suspension on 31-5-1998 and a departmental proceeding was started against him on 2-7-1998. One Bedar Hossain, Deputy Secretary of the petitione..
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
....oda Kishore, 27 Cal 38; Fardous Chowdhury Vs. Government of Bangladesh, 3 BLC (AD) 213; Bancharam Majumdar Vs. Adyanath Bhattacharja, ILR 36 Cal, 936; Capt BS Demograry Vs. VIF Airways Ltd., 1999 Company Cases 291; In re Harvest Lane Motor Bodies Ltd., (1969) 1 Ch. Div. 457; Nagendra Vs. Satadal, 26......he respondent, raised the preliminary question of maintainability of these applications is would be proper for me not to enter into the merits of the case at this stage and see if the applications are at all maintainable. 5. Mr. Sultan Ahmed, the learned Adv...... genuine dispute as to the liability of the respondent Company to pay the difference between what has been admitted and that has been claimed, it would not be proper to decide the case in the summary proceedings under section 433 which is parallel to our section 241. 27. In the case reported in..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)
....in nature, that the condemned prisoner did not inform the parents of Shafali Begum or to the local police after the incident, that the evidence on record did not show that the condemned prisoner took any step for the treatment of the victim after sustaining injuries, that the evidence on record did ......e accused husband with a sum of Taka 14,000 only by way of dowry at the time of marriage and this proves the criminal mindset of the accused husband in demanding dowry from his wife at the subsequent stage". PW 1 has not stated that he has paid Taka 14,000 as dowry to the accused at the time of marr......would be to send the case back on remand for fresh trial under the general law. In that case this Court remanded the case to the Court of Magistrate having power to take cognizance of the offence for proceeding with the case in accordance with the provisions of Code of Criminal Procedure. From the m..Category: Women and Children | Date: 1 Mar, 2004 | Hits: 164
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