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Bangladesh Jute Corporation Vs. AB Jute Ltd, 2004, 33 CLC (HCD)
.... not available since the contracts were not entered in prescribed contract form No.6 of the Association. 18. Mr. Mainul Hosein, learned Senior Advocate on behalf of the respondents, on the other hand, submitted that in arbitration proceeding which gave rise to FA No.356 of 2003 the Corporation ......) of said "reference" as a reference to arbitration. 24. The Association also framed rules as 'Rules of the Tribunal of Arbitration' for arbitration of disputes and differences over trade in jute. 25. Clause 5 of rule 1 of said Rules defines "Reference" as an ag...... 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)
....ransferred 2.5 decimals of land by aforesaid deed dated 13‑12‑94 and 3.5 decimals of land by another deed dated 13‑1‑95 to defendant No.12. Then, defendant No.12 asked them on 15‑12‑95 to hand over possession, which they declined to. Hence, the suit. 5. Defendant No.12 alone contest......erred 2.5 decimals of land by aforesaid deed dated 13‑12‑94 and 3.5 decimals of land by another deed dated 13‑1‑95 to defendant No.12. Then, defendant No.12 asked them on 15‑12‑95 to hand over possession, which they declined to. Hence, the suit. 5. Defendant No.12 alone contested th......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)
....ot enlisted as Waqf and such order could not be maintained. He further submitted that in 1992 the land was already enlisted as waqf. 12. Mr. Mahmudul Islam, learned Senior Advocate, on the other hand, took us through the deed of waqf and submitted that the disputed land did not find mention in ......firmed the decision of the Waqf Administrator that the disputed land of CS plot No.609 was not a waqf. 10. Descendants of said Waqif Tafazzal Ali Chowdhury are still fighting in different groups over the question as to whether disputed land measuring 3.26 acres of CS plot No.609 appertaining to......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
.... He also took us through the record and submitted that the learned Subordinate Judge erred in law in dismissing the suit of the Bank.
21. Mr. M Fazlul Karim, learned Senior Counsel, on the other hand, submitted that the Subordinate Judge committed no error in granting counter‑claim under Orde......d 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 course......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.
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Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4
Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)
....of the House Building Finance Corporation and could not avail the benefit of the notification dated 30‑6‑1992 issued by the Corporation for exemption of 50% interest. The plaintiffs, on the other hand, did not try to get the sale deed registered by paying the rest consideration money. In such ci...... unable to return the same then and there. Further, appellant told that after observing the formalities he would execute and register the deed. On 31‑10‑1992 plaintiff No.1 informed the appellant over telephone that he is not getting the loan case in the office of the House Building Finance Corp......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)
....r right. The law under such circumstances assists not only the possessor himself but also those who stand in the place of the possessor by succession or transfer. The term dispossession, on the other hand, is, in essence, ouster of possession. The prefix of the term "dis" is negative"......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 amoun......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)
....tions 15 and 16 of the Arbitration Act………….(23) Section 15 of the Arbitration Act provides for modification and correction in number of ways. Section 16, on the other hand, empowers the Court to remit the award on particular points to the arbitrator for reconsiderati......powered by the parties to decide only those disputes which are referred to him………………….(24-26) Cases Referred to- Janab Md. Asalat Zaman Vs. Government of Bangladesh, 2003 MLR (AD) 233 = 55 DLR (AD) 139; BADC Vs. Quality Associated Limited, 4......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. ..Category: Arbitration Law | Date: 27 Jul, 2004 | Hits: 8
....ed Advocate has referred the decision of a case Union Road Ways (P) Ltd. Vs. Shah Ramanial Ritesh Kumar & others, reported in Company Cases (India) Vol. 76 pages 315.
10. On the other hand, Mr. Md. Abdul Bashar, the learned Advocate appearing on behalf of the complainant-opposite par...... 138 read with section 141 of the said Act. It also fails to take into account the object sought to be achieved by legislature by introducing Chapter XVII in the Negotiable Instruments Act, 1881. Moreover, from the heading of the section it becomes also clear that the legislature never intended to d......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.
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Category: Banking Law, Criminal Law | Date: 19 Jul, 2004 | Hits: 3
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
....thus in possession of the suit land, in 1999 the defendant made claims over the suit land and threatened to dispossess her. Whereupon, she was constrained to institute the suit. 16. On the other hand, the case of the defendant is that the plaintiff transferred the suit land by two registered de...... and Jaibal Abedin then transferred the suit land by sale, deed being 45789 dated 6‑12‑79 to the defendant. The defendant got the land mutated in his name and possessed on payment of rent to the Government. 5. On the pleadings the issues were framed regarding the maintainability of the suit......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)
....tan on 25‑3‑1961 and on his demand said Salamatullah promised to leave the disputed property soon. In April, 1962 Salamatullah was transferred to Karachi but he left for Karachi without handing over possession to the plaintiff. The plaintiff further asserted that defendant Nos. 1̴...... predecessor‑in‑interest of the respondents, instituted Title Suit No. 80 of 1966 in the Court of Subordinate Judge (now Joint District Judge), Rangpur for establishment of title and recovery of khas possession in the suit property stating, inter alia, that he had some properties in ......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. ..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Hafez Abdus Salam Vs. Syed Fazlul Quader and another, 2004, 33 CLC (HCD)
....after setting aside its order rejecting the memorandum of appeal. It is needless to say such power could only be exercised within the periphery of the above provisions of law. 26. In the case at hand, on 20‑6‑02 the memorandum of appeal was presented and the District Judge rejected said mem......e was fixed for filing of deficit court fees he was sick. On 15‑10‑02 he was attacked with Hepatitis and confined to bed. For want of any instructions, learned Advocate could not take my step. Recovered, he on 20‑1‑03 saw his Advocate's clerk and came to know definitely about the rejecti......onnected Civil Rule 550(FM) of 2003 is accordingly, discharged with cost. Communicate the order at once. Ed. This Case is also Reported in: 57 DLR (2005) 640. ..Category: Civil Law | Date: 29 Jun, 2004 | Hits: 3
Abdul Gaffar Chowdhury Vs. Joint District Judge and Artha Rin Adalat & others, 2004, 33 CLC (HCD)
.... the Court can proceed to give a judgment and under Order IX, rule 13 if a party satisfies a Court that summons were not duly served upon him, the Court is bound to set aside an ex parte decree." Chandpur Jute Suppliers owned by Sekander Khan (since dead), Chandpur and others Vs. Subordinate Judg......short of cash flow and applied to the respondent bank by a letter dated 23‑2‑95 to sanction revolving LTR (Loan Against Trust Receipt) for an amount of Taka 50 lac in a bid to release some goods covered by the letter of credit opened by the petitioner in the respondent bank. The respondent bank ...... 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. ..Category: Banking Law | Date: 14 Jun, 2004 | Hits: 310
.... such jurisdiction under the said provision of law, consequently, the said order of rejecting the prayer for rejection of the plaint was illegal and without any lawful authority.
7. On the other hand, Mr. Md. Muzibur Rahman Miah, the learned Advocated appearing on behalf of the respondent-bank,...... wilful defaulters 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 i......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.
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Category: Banking Law, Corporate Law | Date: 10 May, 2004 | Hits: 9
Sultan Miah (Md) Vs. Kazi Abu Siddique and others, 2005, 34 CLC (AD)
....urt of Senior Assistant Judge, Palash, Narsingdi for permanent injunction on the averments, inter alia, that after the death of the CS recorded owner Meher Ali and his sons Kamaruddin, Janab Ali and Chand Miah got one third each of the suit land on amicable partition. It is further stated that ......endant‑respondents contested the suit by filing written statement denying all the material allegations made in the plaint, contending, inter alia, that they also became the owners in possession over 3.5 decimals of land by purchase and got their names mutated but the plaintiff instituted the a......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. ..Category: Civil Law | Date: 8 May, 2004 | Hits: 825
Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)
....s of Port of Karachi, PLD 1987 SC 393; Mohammad Eunus & Brothers Vs. Chittagong University, 44 DLR (AD) 296; KM Shafi Limited Vs. Government of Bangladesh, 1983 BLD (AD) 109; State of Orissa Vs. Dhandasi Sahu, AIR 1989 SC 1791; Dhandasi Sahu Vs. State of Orissa, AIR 1987 Orissa 275; IBAD and Co.......hinderpal and another, AIR 1989 SC 1263; Ghulam Abbas Vs. Trustees of Port of Karachi, PLD 1987 SC 393; Mohammad Eunus & Brothers Vs. Chittagong University, 44 DLR (AD) 296; KM Shafi Limited Vs. Government of Bangladesh, 1983 BLD (AD) 109; State of Orissa Vs. Dhandasi Sahu, AIR 1989 SC 1791; Dha......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)
.... Md. Ruhul Amin J M M Ruhul Amin J Md. Tafazzul Islam J Agrani Bank, represented by the Chairman, Board of Directors, and others .....Appellants Vs. Khandaker Badrudduza ......................Respondent Judgment April 6, 20......the order of dismissal in the manner as stated in the judgment of AAT upon importing the concept of proportionality which has no application in the instant case and thus it is not sustainable. Moreover doctrine of proportionality is non-existent in the field of administration of justice in Bangl......e respondent himself admitted his guilt, that in one year the respondent remained absent unauthorisedly for 113 days and this indicates the attitude of the respondent and, as such, for proper management of the banking affairs respondent had been rightly and correctly dismissed by the appel..Category: Administrative Law | Date: 6 Apr, 2004 | Hits: 130
Nurul Huq (Md) @ MN Huq Vs. Nirmal Chandra Dutta & anr., 2004, 33 CLC (AD)
.... Syed JR Mudassir Husain CJ Md Fazlul Karim J Amirul Kabir Chowdhury J Nurul Huq (Md) @ MN Huq ………….Appellant Vs. Nirmal Chandra Dutta and another ........................Respondents Judgment April 5, 2004. ...... inherited property of one Jyoti Bhushan Dutta as his adopted son and appointed the defendant (Md Nurul Huq) as his attorney on 11‑6‑1981 to look after and manage his properties and to recover rents from the tenants and that on 26‑5‑1982 he, however, revoked the power of atto......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. ..Category: Property Law | Date: 5 Apr, 2004 | Hits: 103
Alauddin Sikder (Md) & anr. Vs. BD and ors., 2004, 33 CLC (AD)
....cation and others vs. Md. Faizur Rahman and others 51 DLR (AD) 59. Lawyers Involved: Prabir Halder, Advocate, (appeared with the leave of the Court) instructed by Bivash Chandra Biswas, Advocate‑on‑Record ‑ For the Petitioners. Harun̴......ndents Judgment March 31, 2004. The Constitution of Bangladesh, 1972, Article 102 Locus Standi Legality or otherwise of nomination of Chairman of the governing body of a non-government college or school can not be challenged by the principal or a tea......d. 3. In support of the petition, Mr. Prabir Haider, the learned Advocate, submits, inter alia, that High Court Division committed error in not considering that the administration and management of a Non‑Government Intermediate College having School Section is vested with Gove..Category: Constitutional Law | Date: 31 Mar, 2004 | Hits: 213
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
....business named A Jalil Company Limited of which her father A Jalil is the owner. The Managing Director of the Company Mr. Monirul Islam took on lease the said Jailkhana Ferry ghat and labour handling ghat through open tender as before which was required by them for their industry and busin......t year the Municipal Commissioner of Khulna Municipality of Ward No. 21 accused Ershad Sikder wanted to talk to Syed Monirul and accused Liaquat Laskar informed the same to Syed Monirul Islam over telephone on 16‑5‑1999 at 8‑30 PM. The telephone was received by his younger......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)
....ivision Bench of the High Court Division in First Appeal No. 191 of 1992 sending back on remand the suit to the trial Court with a direction to the parties to get the disputed signature examined by a handwriting expert and for that they would file application within one month from the date of receip......e 'bainapatra' dated August 20, 1982 which was executed upon receiving Taka 1,50,000 out of the total consideration Taka 3,00,000. The predecessor of the present respondent Nos. 1 (a) to 1 (c) made over possession of part of the property, i.e. first floor of the building, to the plaintiff. It was ......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...Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
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