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Shamsul Haque (Md) Vs. Amina Khatun and others, 2004, 33 CLC (AD)
....sul 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 Subordinate Judge held that the pr...........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......cupation. He has no land beyond the statutory limit and, as such, he is legally entitled to get the case land by way of pre‑emption. The pre‑emptor has filed the case depositing the consideration money of the sale deed along, with the statutory compensation. 3. The pre-emptee respondent Nos.1 ..Category: Civil Law | Date: 31 Aug, 2004 | Hits: 156
Bangladesh Jute Corporation Vs. AB Jute Ltd, 2004, 33 CLC (HCD)
....te. 4. Pursuant to the notice, the Corporation appeared and opposed the application by filing a written objection. A Tribunal of Arbitration was however constituted, which took cognizance of the claims of the company as disputes. On 2‑5‑95 the tribunal gave an award of Taka 50, 66,111.52 in......tration Act, 1940, in brief, the Act. 3. Facts of the case, in short, is that respondent Messrs AB Jute Limited, briefly, the company, entered into a contract with the Corporation on 16‑6‑94 for purchase of 15,220 bales of BWH jute. It received 3,100 bales of said jute. On 20‑9‑94 the c...... Awards dated 2‑5‑95 and 24‑6‑96 are accordingly set aside. Send down the records. Ed. This Case is also Reported in: 57 DLR (2005) 663. ..Category: Arbitration Law | Date: 18 Aug, 2004 | Hits: 8
Ashraful Alam Vs. Md. Moniruddin and ors, 2004, 33 CLC (HCD)
....ase of the plaintiffs is that in 1979, they found those three shops along with adjacent land, latrine and storeroom vacant and abandoned and entered. Since then they were doing business therein. They claim that they acquired title by adverse possession. 26. Defendant No.12 opposed the claim of ......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. ..Category: Property Law | Date: 17 Aug, 2004 | Hits: 2
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. ...... 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. ..............pali Bank, a Nationalished Bank, Branch at Fakirapool, lodged first information report in the Motijheel Police Station against the respondent No.1 alleging forgery and mis‑appropriation of Bank money as well as committing of criminal breach of trust during the period from 25‑7‑1980..Category: Criminal Law | Date: 10 Aug, 2004 | Hits: 84
....cuments as per direction of the plaintiff bank. The plaintiff bank ultimately did not sanction the credit but fraudulently used those charge papers and documents as security in support of their false claims. As the proposed loan was not sanctioned, schedule properties were not charged and/or mortgag...... 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......d Commerce International (Overseas) Limited, briefly 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 ..
Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4
SM Salim Vs. Chairman, Chittagong Club Ltd. and others, 2005, 34 CLC (AD)
....25 Section 25 of the Employment of Labour (Standing Order) Act, 1965 bars all or any complaints against the order of termination under section 19 even then the worker is authorised to claim relief available as per the provisions if such worker is terminated due to his trade union ac......Abdur Rob Chowdhury, Senior Advocate, instructed by Md Nawab Ali, Advocate‑on‑Record‑For the Petitioner. Not represented‑The Respondents. Civil Petition for Leave to Appeal Nos. 656 & 657 of 2002. (From the judgment and order dated 3rd and 4......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
Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)
....llant and there was no power of attorney to execute the same on their behalf. In view of the provisions of section 27 of the Specific Relief Act plaintiffs not being party to the agreement or persons claiming through or under such person the learned Subordinate Judge erred in law in passing the impu......he appellant on 31‑7‑1968 took lease of the same and constructed building therein by approving plan from the DIT. Defendant wished to purchase another property of more output and to procure money for the same he advertised to sell the suit property and respondent Nos.1 and 2 agreed to purchase t...... and the appellant on 31‑7‑1968 took lease of the same and constructed building therein by approving plan from the DIT. Defendant wished to purchase another property of more output and to procure money for the same he advertised to sell the suit property and respondent Nos.1 and 2 agreed to purc..Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
.... 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 right in the de f......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......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
Chairman, RAJUK Vs. MN Alam and Associates Limited, 2004, 33 CLC (HCD)
....‘7‑97 the consultant received first installment of payment. As there was a dispute with regard to the quantum of work and consultancy fees, on 8‑9‑97 respondent addressed a written statement of claim to the Chairman, RAJUK. Having received no response after repeated representations, the consul......n the circumstances and on the failure of the parties to concur in the appointment of an arbitrator, 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 indepe......ive Engineer, Lined Channel Division, (1992) SCMR 65. In the case, according to the contractor the work was completed. When he did not receive entire payment of the work done he instituted a suit for money. Then, Pakistan was put under the martial law. The contractor withdrew his suit and approached..Category: Arbitration Law | Date: 27 Jul, 2004 | Hits: 8
Rajdhani Unnayan KartiÂpakhya (RAJUK) Vs. Jahanara Begum & others, 2004, 33 CLC (AD)
....shall allot land to that affected person whenever such affected person fulfils and satisfies the conditions and the criteria set forth by RAJUK entitling him to have allotment of lands as an affected claimant. Lawyers Involved: Shah Md. Khasruzzaman, Advocate, instructed by Md. Waliul Islam,...... An affected person shall get allotment of land from RAJUK and RAJUK shall allot land to that affected person whenever such affected person fulfils and satisfies the conditions and the criteria set forth by RAJUK entitling him to have allotment of lands as an affected claimant. Lawyers Involve......UK would make allotment to the writ petitioner, otherwise not. The direction of the High Court Division is modified as above. The petition is disposed of. Ed. This Case is also Reported in:..Category: Property Law | Date: 21 Jul, 2004 | Hits: 133
Abdul Malek Sawdagar Vs. Md. Mahbubey Alam and others, 2004, 33 CLC (AD)
.... Administrator of Waqfs in that the remedy against such action lies under section 50 of the Ordinance by the Administrator of Waqfs for a decision regarding title by adverse possession or per se such claim for opposing eviction by the Deputy Commissioner under section 64(1) and failing thereto is to......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. ..Category: Civil Law | Date: 20 Jul, 2004 | Hits: 160
....l amount of Taka 18,00,000 which is more than the face value of the cheque since it is clearly barred by sub‑section (2) of section 138 of the Negotiable Instruments Act, 1881; rather, this type of claim can be only adjudicated by the civil Court. Moreover, sub-section (3) of section 138 of t......r......................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 money to any other persons out of his account is returned by the bank u......te 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 money to any other persons out of his account is returned by the bank unpaid, either for insufficien..
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)
....miralty Suit No. 28 of 1996. The sale was confirmed on 22-06-1997. The Chittagong Port Authority (CPA), respondent No. 1, sent letter on 13-07-1997 and 14-07-1997 showing dues against the said vessel claimed by the CPA, Karnaphuli Fertilizer Co. Ltd (KAFCO) and Chittagong Urea Fertilizer Ltd (CUFL) ...... S.R. Khoshnabish, 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 ......pposition contending that the petitioner never applied for the bank guarantee and no security was furnished against the aforesaid bank guarantee, so the Bank has no responsibility for pay money against those bank guarantees submitted by the petitioner for release of the..Category: Fiscal/Taxation Law | Date: 18 Jul, 2004 | Hits: 109
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
....it land to the plaintiff and delivered possession. SA record of rights was accordingly prepared and finally published in her name and she possessed the suit land on payment of rents. As the defendant claimed that he got title in the suit land the plaintiff was constrained to institute the suit. .......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......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. ..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....s and he revoked the power of attorney earlier granted in favour of defendant No. 6 as he found that his interest at the hands of his attorney was not safe. Thereafter, the original defendant No.1 claimed the property in suit asserting the original plaintiff as his benamder and hence the suit. ......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…&......ed Judgment of the High Court Division and other connected papers. 7. The case of the plaintiff was that he was the real owner of the disputed property and purchased the same with own money and for his own benefit, whereas the case of the defendant No. 1 was that the plaintiff was h..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Oriental Bank Ltd. Vs. Rina Alam and another, 2004, 33 CLC (AD)
....t materialised. The plaintiff respondent then sought return of the title deeds by letter dated 17‑12‑1992 but to no effect. In 1992 the bank filed Title Suit No. 147 of 1992 in Artha Rin Adalat claiming mortgage of the properties of the plaintiff-respondent on the basis of execution of Memora......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......of the decree against which order the petitioner bank has filed Writ Petition No. 3182 of 2002 which is pending. 10. Admittedly, Artha Rin Adalat Suit No. 147 of 1992/113 of 2000 was filed for a money decree in respect of the loan amount allowed to Coast Marine Lines Ltd for a money decree of..Category: Civil Law | Date: 5 Jul, 2004 | Hits: 171
Rajshahi DevelopÂment 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. ......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......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 said provision is not sustainable i..Category: Constitutional Law | Date: 29 Jun, 2004 | Hits: 232
Abdul Mumin alias Tanu Miah Vs. Mahfujur Rahman and othÂers, 2004, 33 CLC (AD)
.... allowing the same. The Miscellaneous Cases were filed under Section 24 of the Non-Agricultural Tenancy Act, 1949 seeking pre-emption in respect of the sale by 5 different kabalas dated 5.9.1988. The claim of pre-emption was made on the assertion that by inheritance the pre-emptor is the co-sharer o......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......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
....completion certificate on 4‑1‑1999 and 4‑2‑1999 but instead of making payment for the work so done the said defendant terminated the contract on May 10, 1999, that the plaintiff lodged formal claim by sending a notice on 30th May, 1999 demanding payment of outstanding bills and other dues un...... 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.
..
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)
....t of the right to have access to justice, namely, to file an application under Order IX, rule 13 CPC or to prefer an appeal. Under the Ain one cannot simply go to the Court and obtain a decree on the claim laid without having produced sufficient materials before the Court to justify the claim and in......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...... Under the Ain one cannot simply go to the Court and obtain a decree on the claim laid without having produced sufficient materials before the Court to justify the claim and in case of realisation of money by the bank or by any financial institution the claim has to be proved by documentary evidence..Category: Banking Law | Date: 14 Jun, 2004 | Hits: 310
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