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Chairman, RAJUK Vs. MN Alam and Associates Limited, 2004, 33 CLC (HCD)
....sed by Joint District Judge, Court No.5 at Dhaka in Title Suit No.1 of 1999, which made the award dated 19‑9‑98 Rule of the Court. 2. Short facts giving rise to the appeal are contended that whole arbitration proceeding was that, the respondent, MN Alam & Associates Ltd., without jurisd......f stay granted at the time of issue of the Rule on 4‑9‑02 is recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 626. ......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
....
(3) Notwithstanding anything contained in sub‑sections (1) and (2), the holder of the cheque shall retain his right to establish his claim through civil Court if whole or any part of the value of the cheque remains unrealised."
14. From the aforesaid t..........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 unpaid, either for i......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)
....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. ......rth has been released by order of the High Court Division from the care and custody of Chittagong Port authority by furnishing the bank guarantees as furnished by the petitioner in respect of claimed amount in the Annexure-G and H to the writ petition allegedly issued by the City Bank, Agrabad Branc......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
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....in one sentence stating that the defendant failed to discharge his onus regarding exchange and such hasty and abrupt can hardly be countenanced by the Appellate Division which would upset the whole jurisprudence as to the judicial duties and obligations of the appellate Court and negation ......9,199. The trial Court also considered the life insurance policy of defendant No. 1 for Taka 15,000 and the declaration made by him at the end of 1959 before the Martial Law Authority regarding an amount of Taka 30,000-35,000 lying with Muslim Commercial Bank and Lloyd's Bank, Dhaka. All these ......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
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. ......d prisoner made demand of dowry of Tk. 50,000, that 3 months preceding the date of occurrence the condemned prisoner and the members of his family tortured Swapna Begum for non‑payment of the amount demanded as dowry and having had heard about the said fact of torture the informant taking h...... 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. ..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. ......tiff filed Title Suit No. 208 of 1997 renumbered as Title Suit No. 197 of 2001 against the petitioner bank for a declaration that the plaintiff had no liability to the petitioner bank for any loan amount, the so-called Memorandum of Deposit of Title Deed dated 17‑3-1988 was forged, concocted......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 Development 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. ......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. ......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
....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.
...... It may be mentioned at the first instance the trial Court passed an order of ad interim injunction on January 3, 2001.
2. The suit was filed seeking relief primarily for a decree of total amount of Taka 70,18,17,737 against the defendant Nos. 1 and 2 severally and/or jointly, for a decla......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)
.... 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. ......ad 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 have the ex parte decree set aside u...... 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
Govt. of BD rep. by DC Vs. Anwara Huq & ors., 2004, 33 CLC (AD)
....rator has not committed any error of law. In view of the discussions made hereinabove we do not find any merit in the appeal. Accordingly, the appeal is dismissed with costs. Ed. ......inst the judgment and order dated April 4, 1991 passed by the Court of Subordinate Judge (Arbitrator) in Arbitration Case No. 1 of 1987 making award of Taka 37,23,664.41 and thereupon deducting the amount of Taka 3,69,786.22 already received by the respondents on protest made the final order for......rator has not committed any error of law. In view of the discussions made hereinabove we do not find any merit in the appeal. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: 25 May, 2004 | Hits: 121
AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)
....n vs. Kazi Anwar Hossain reported in 53 DLR (AD) 89 it has been held that: “The Review petition that has been filed and the grounds taken indicate that the petitioner now intends a relating of whole matter which is not permissible under Article 105 of the Constitution. Once the matter is disp......titution of Bangladesh, 1972, Articles 104 & 105 The Appellate Division Rules, 1988, Rule 45 The Code of Civil Procedure, 1908 (V of 1908), Order XLVII Appellate Division’s paramount power of review can be exercised to do full and effective justice under the Constitution apar......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
....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.
......lters but the rest of the facts in support of such statements are contentious. It is true that in paragraph 7 it is stated that they had already repaid Taka 10, 00,000 but since there is overwhelming amount of demand for more than Taka 7 crore, this payment of Taka 10, 00,000, even if it is true, do......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.
..
Category: Banking Law, Corporate Law | Date: 10 May, 2004 | Hits: 9
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. ...... No.133 of 1991 itself found. Moreover the application so filed seeking pre-emption was quite maintainable since the same was filed within the time prescribed by-law and that there was deposit of the amount mentioned in the kabala as well as the statutory compensation or in other words deposit that ......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. ..Category: Property Law | Date: 25 Apr, 2004 | Hits: 42
Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)
.... 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: ...... 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: ...... and irremediable loss of possession of the mining leases involving a huge waste of labour, machinery and other resources of equipment of immense value hardly capable of being remedied by payments of money as compensation. The High Court therefore passed an order that till three months from the day ..Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175
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. ......company claimed, Taka 2, 21,61,474.99 on various heads. Learned Arbitrator, entertained such statement of claims and entered into arbitration. 28. Claim No.1 is for Taka 63, 95,919 which was the amount after receipt of part bills of Taka 22,02,856 out of total contract value of Taka 85,98,775.5......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. ..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. ...... 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. ...... been considered as leave without pay as per regulations 31 (b) of the Regulation, 1981. 12. It may be mentioned that AAT found the allegations of unauthorised absence and borrowing of money were not disputed by the respondent and in that background the AAT held that the AT had right..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. ......evelopment (IBRD) Loans and IDA Credits. It also suggested a price adjustment of US$ 150,152 plus Taka 10, 21,444.00 for the first contract and US$ 31,349 plus Taka 12,719,204 for the second contract amounting to Taka 22,930,648 plus US$ 181,501 and 75% of that compensation (that is Taka 17,197,986 ......te the fact that the committee appointed by the Ministry of Shipping recommended the application of price escalation made by the petitioner and accordingly, the World Bank was Willing to disburse the money but the respondents Unlawfully declined to claim the money from the World Bank. (2) The ..Category: Constitutional Law | Date: 6 Apr, 2004 | Hits: 215
Alauddin Sikder (Md) & anr. Vs. BD and ors., 2004, 33 CLC (AD)
....p; The petitioners are directed to pay cost of Taka 5,000 (five thousand) each and pay the amount to the college fund within one month from the date of receipt of this order. Ed. ......ade above we do not find any substance in the leave petition which is therefore dismissed. The petitioners are directed to pay cost of Taka 5,000 (five thousand) each and pay the amount to the college fund within one month from the date of receipt of this order. Ed. ......p; The petitioners are directed to pay cost of Taka 5,000 (five thousand) each and pay the amount to the college fund within one month from the date of receipt of this order. Ed. ..Category: Constitutional Law | Date: 31 Mar, 2004 | Hits: 213
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
....that as finality attaches to the judgments delivered by this Court, which stands at the apex of the judicial hierarchy, a review proceeding is neither in the nature of a re‑hearing of the whole case, nor is it an appeal against the judgment under review. It is accordingly, not permissi......wever, an order based on an erroneous assumption of material fact, or without adverting to a provision of law, or a departure from an undisputed construction of the law and the Constitution may amount to an error apparent on the face of the record. At the same time, if the judgment under rev......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. ..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.......o 1 (c) made over possession of part of the property, i.e. first floor of the building, to the plaintiff. It was also the case of the plaintiff that on subsequent dates the defendant received further amount and thereupon there remained balance of Taka 25,000 out of the total consideration money and ...... the plaintiff. It was also the case of the plaintiff that on subsequent dates the defendant received further amount and thereupon there remained balance of Taka 25,000 out of the total consideration money and that in spite of repeated demands by the plaintiff as the defendant on receiving balance o..Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
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