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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. ...... expunged. With above expunction of the redundant observation, this petition is dismissed. Ed. ......titioners and the City Bank as to the genuineness of the bank guarantees furnished by the petitioner is not possible to be settled in the present form as it requires adjudication of factual aspect by evidence and accordingly, while discharging the rule High Court Division directed the petitioner to ..Category: Fiscal/Taxation Law | Date: 18 Jul, 2004 | Hits: 109
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
....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. ......2005) 774. ......th plaintiff and defendant examined five witnesses each. Documents produced by the plaintiff were marked Exhibits 1 to 6 while those of the defendants marked as Exhibit 'Ka’. 7. On the evidence oral and documentary on record, the trial Court held that the sale deeds being No.965 and 9..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
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. ......with. The appeal is thus allowed with cost. Ed. ...... 1908), Order XLI, rule 31 When a finding of the trial court can be reversed by the Appellate Court? High Court Division 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 r..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. ......be granted for merely reexamination of the same argument, the petition for review is dismissed. Ed. ......resulting from strangulation by manual pressure on the neck and upper part of the chest which was ante‑mortem and homicidal in nature. 8. The trial Court on consideration of the evidence held the condemned prisoner guilty of the offence under section 10(1) of the Ain and sente..Category: Criminal Law | Date: 10 Jul, 2004 | Hits: 100
Oriental Bank Ltd. Vs. Rina Alam and another, 2004, 33 CLC (AD)
....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. ......rt Division. This petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 51. ...... 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 evidence in the instant suit could not operate as res judicata as no such issue was framed as to whe..Category: Civil Law | Date: 5 Jul, 2004 | Hits: 171
....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.
...... Court Division.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:56 DLR (AD) 166.
......lace its document in support of its case, that the plaintiff called Project Manager of the defendant No. 1 as witness but the defendant No. 1 created a situation so that he could not dare to give his evidence, that plaintiff prayed for time to examine the documents for the purpose of giving undertak..
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)
.... 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. ......ischarged with cost. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 57 DLR (2005) 138. ......ut 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 and even in case of ex part decree the Court has to be satisfied on the materials submitted..Category: Banking Law | Date: 14 Jun, 2004 | Hits: 310
State Vs. Md. Delwar Hossain Faraji, 2004, 33 CLC (HCD)
....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. ......rojpur. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 264. ......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 it is not ne..Category: Criminal Law | Date: 18 May, 2004 | Hits: 3
....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.
......y case expeditiously.
The order of stay granted earlier by this Court
Ed.
This Case is also Reported in: 57 DLR (2005) 716.
......e 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.
Since from reading ..
Category: Banking Law, Corporate Law | Date: 10 May, 2004 | Hits: 9
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. ......is petition merits no consideration. Accordingly, it is dismissed. Ed. ......he judgments of the Courts below as well as the impugned judgment of the High Court Division, contended, that the learned Single Judge of the High Court Division mis‑appreciated and misread the evidence of the witnesses and came to a wrong finding making the Rule absolute which resulted in an ..Category: Civil Law | Date: 8 May, 2004 | Hits: 825
Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)
....e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ......rein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ......held that although the land is within the municipal area, but the said land being agricultural land there is no bar for the pre-emptor to have the relief sought in the Miscellaneous Cases and that no evidence was brought on record by the pre-emptees to establish that brick build 3' width 'ail' is a ..Category: Property Law | Date: 25 Apr, 2004 | Hits: 42
Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)
....d dated 22‑6-2000 is accordingly set aside. The arbitration agreement now ceases to have any effect. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 656. ......also Reported in: 57 DLR (2005) 656. ......de the contract. The appointed arbitrator had no jurisdiction to arbitrate on any dispute arising out of the contract. 13. The learned Arbitrator did neither examine any witness nor admitted any evidence. He heard the parties on the statement of claims and reply thereto on the basis of annexure..Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3
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. ......peal is allowed. There is no order as to costs. Ed. ...... unauthorised absence and borrowing of money were not disputed by the respondent and in that background the AAT held that the AT had rightly held that to establish the aforesaid allegations no oral evidence was necessary. It may also be mentioned that the AAT in the judgment has noted that first ..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. ......Bangladesh Inland Water Transport Authority and others…....Respondents Judgment April 6, 2004. The Constitution of Bangladesh, 1972, Article 102 When the contract is entered into by a public authority in exercise of its statutory power in terms of statutory provisions any b......se of a prescribed formula (or formulae) which breaks down the total price into components that are adjusted by price indices specified for each component or alternatively on the basis of documentary evidence (including actual invoices) provided by the supplier on Coordinator the use of the formula ..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. ...... bear the costs of the examination by the Handwriting Expert. Ed. ......ta) additionally and alternatively for the sum of Taka 5,03,400 with interest and the defendant (Nirmal Chandra Dutta) contested the suit filing written statement and that during pendency of the suit evidence of Md Nurul Huq was recorded in part but later the suit ended in sole decree and coming to ..Category: Property Law | Date: 5 Apr, 2004 | Hits: 103
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
....e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ......correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ....... The Constitution of Bangladesh, 1972, Article 105 Unless the impugned order shows error apparent on the face of the record the same cannot be reversed in review basing on the evidence already on record when a different opinion could be arrived at on fresh evaluation of the ..Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332
Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)
....n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed.......of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed.......he handwriting expert. It may be mentioned the High Court Division sent back the suit on remand to the trial Court with the clear direction that the parties shall not be allowed to adduce any further evidence. 2. Plaintiff‑appellant and another (respondent No. 2) filed the Other Class Suit N..Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
....
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.
......and directions.
There is no order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 741.
...... its various departments with regard to the terms and conditions of their service. On being referred, the State Industrial Court, Nagpur, found that the Corporation was an industry and that on taking evidence, it can be decided whether any department of the Corporation was an industry or not. The Su..
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Jahangir Alam (Md) alias Zakir Vs. State, 2004, 33 CLC (AD)
.... to 10 (ten) years rigorous imprisonment and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6 (six) months more. Ed. This Case is also Reported in: 56 DLR (AD) 217. ......to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6 (six) months more. Ed. This Case is also Reported in: 56 DLR (AD) 217. ......561A of the Code of Criminal Procedure for quashment of the judgment and order of conviction and sentence by the Tribunal in order to secure ends of justice on the ground that it is a case of no evidence. The High Court Division by the impugned judgment discharged the Rule and affirmed the judg..Category: Criminal Law | Date: 9 Mar, 2004 | Hits: 93
Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
....tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ......the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ......laim for compensation or damages for breach of contract or remuneration due for services rendered do not fit in with the category of "debt" because quantum of the claim has to be decided on evidence at the trial. But in case of debt quantum is definite and certain and, in fact, cannot be d..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
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