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Roquib Mohammad Fakrul alias Rocky Vs. Md. Abdul Kashem & ors., 2004, 33 CLC (AD)
.... not find any error of law in the said judgment. For the reasons mentioned above, the appeal appears to be bereft of any sustenance. The appeal is, therefore, dismissed. Ed. ......of the witnesses reside in one place within the jurisdiction of one court and the case originates within the jurisdiction of some other court in a distant place, the case may be transferred to the former court and contention of prejudice due to hostile press is without substance……&......, Hence is this appeal. 3. In support of the appeal, Mr. Mainul Hosein, learned Senior Advocate submits, inter alia, that there being no apprehension or doubt expressed about the fairness or impartiality of the trial in the Court of Sessions. Judge at Munshiganj and the prosec...... the accused and others and on the basis of the aforesaid FIR the case was started and charge sheet was submitted against the appellant and others and thus the aforesaid sessions case was sent for trial before the learned Sessions Judge Munshiganj. The respondent No. 1, the informant of the case..Category: Criminal Law | Date: 30 Jun, 2004 | Hits: 80
Abdul Mumin alias Tanu Miah Vs. Mahfujur Rahman and others, 2004, 33 CLC (AD)
.... pre-emptor there was no separation of jama or sub division of the holding as contemplated by section 117(c) of the State Acquisition and Tenancy Act,rather the same were up dating of the record of right i.e. khatian No. 450 as per provision of Section 143 of the State Acquisition and Tenancy Act,......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.......rded in khatian No. 450/2 and as such pre-emptor ceased to be the co-sharer of the land of the case khatian. Thepre-emptees, contended that they had effected improvement of the disputed land. 4. The trial Court allowed the prayer for pre emption on the finding that the pre-emptor and the seller opp..Category: Property Law | Date: 28 Jun, 2004 | Hits: 43
ACI Ltd Vs. Square Pharmaceuticals Ltd. and another, 2004, 33 CLC (HCD)
.... by 23 August 2004 positively. 16. Parties will maintain status quo as of today till then. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 335. ......e appeal as not maintainable. 2. Opposite party No.1 as plaintiff instituted Title Suit No.146 of 2003 in the Court of Senior Assistant Judge at Sadar in Pabna against the petitioner and another for a decree of declaration that the licence dated 14‑10‑02 granted by defendant No.1 for produc...... by 23 August 2004 positively. 16. Parties will maintain status quo as of today till then. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 335. ......R 32. 6. Mr. Rokanuddin Mahmud, learned Senior Counsel appearing on behalf of opposite party No.1, found it difficult to oppose the submission of Mr. Huq. 7. He, however, submitted that the trial Court could be directed to dispose of the application for temporary injunction within a date f..Category: Civil Law | Date: 23 Jun, 2004 | Hits: 1
....the Act for staying arbitration proceeding after coming into operation of the said Act and that even if the Court is competent to issue an order of injunction but for that the plaintiff has no vested right to get an order of injunction when the same is barred under the law i.e. as per provision of t...... 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.
......l Hwang as Chairman and Mr. Neil Kaplan as nominated arbitrator of the defendant No. 1 and/or any other arbitrator(s) till the disposal of the suit. 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 ..
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)
.... It is contended that the impugned preliminary decree is an irregular decree liable to be set aside and sections 6 and 7 of die Artha Rin Adalat Ain, 1990 are contrary to the petitioner's fundamental right to justice as guaranteed under the Constitution. Even if sections 6 and 7 are found to valid t......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......re it has been stated that it is to be remembered that it is a fundamental principle of our law that no one is to be found guilty or made liable by an order of any tribunal unless he has been given fair notice of the proceedings before it makes any order against him. The next case is White Vs. Wes...... 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
State Vs. Md. Delwar Hossain Faraji, 2004, 33 CLC (HCD)
....ollowing injuries: (1). One bruise mark 5’’ in length and irregular in breadth on either side of the neck at the level of thyroid aurtilge. (2). Two bruises of equal size on the right side of the neck below the injury No.1 size 0.5" X 0.5". (3). One bruise 2"......f husband Md. Delwar Hossain Faraji on 19‑8‑1996 at village Telikhali, Police Station Bandaria, District Pirojpur. 2. Following commission of crime law was set on roll on lodgment of First Information Report by Sheta Nath Mollik, Sub-Inspector of Police, Bandaria Police Station as informant...... of strangulation which was ante-mortem and homicidal in nature. 5. Prosecution case programmed in First Information Report and unfolded during trial was that discord in respect of some family affairs between wife Hasi Begum and husband Md. Delwar Hossain Faraji commenced and that discord stood...... as informant. 3. Husband Md. Delwar Hossain Faraji decamped immediately after commission of crime and had chosen to be an absconder and remained fugitive from law and justice till conclusion of trial and he was tried in absentia. 4. Autopsy on the cadaver of deceased Hasi Begum by Dr. SM ..Category: Criminal Law | Date: 18 May, 2004 | Hits: 3
Sultan Miah (Md) Vs. Kazi Abu Siddique and others, 2005, 34 CLC (AD)
..... Learned Advocate further submitted that the leave‑petitioner as plaintiff proved the identity and description of the suit land and by positive evidence on record succeeded in establishing his right, title, interest and possession of the suit land and the High Court Division without applying ...... Md. Roushan Ali, Advocate, instructed by Md. Ataul Haque, Advocate‑ on‑ Record‑ For the Petitioner. Not represented‑ The Respondents. Civil Petition for Leave to Appeal No. 162 of 2003. (From the judgment and order dated the 7th August, 2002 ......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. ...... The Code of Civil Procedure, 1908 (V of 1908) Section 115 The High Court Division committed no error of law in confirming judgement and decree of the trial court at the same time setting aside the judgement and decree passed by the appellate court a..Category: Civil Law | Date: 8 May, 2004 | Hits: 825
Sunder Ali being dead his heirs A. Hannan & ors. Vs. Md. Serajul I. Sarker & ors., 2004, 33 CLC (AD)
....ing of the cause of action. In its wider sense it is the necessary condition in the maintenance of the suit. In its restricted sense it means the circumstances forming the infringement of the right so immediately as to occasion the action in the suit. We find that neither of the requir......espondents Judgment April 27, 2004. The Code of Civil Procedure, 1908 (V of 1908), Order VII rule 11 Cause of action is bundle of facts and for the ascertainment of the cause of action Court is required to read the plaint in its entirety&h......allowed. The trial Court is directed to proceed with the trial of Title Suit No. 4 of 1995 and to dispose of the same expeditiously. There is no order as to costs. Ed. ......f action for filing, the instant suit, that suit has been filed without impleading the people of the locality and the Government and, as such, the same is not maintainable. 4. The trial Court rejected the said application for rejection of the plaint. Thereupon the respondents mo..Category: Property Law | Date: 27 Apr, 2004 | Hits: 102
Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)
....unsel for the pre-emptee-Respondents also submitted since 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 prov......iscellaneous Case were filed stating, inter alia, that by the 2 separate kabalas of June 25, 1988 the heirs of Khan Bahadur Aman Ali without serving notice to the co-sharer have sold the land of the aforesaid R.S. Khatian to the pre-emptees and fact of purchase was first disclosed to the pre-emptor'......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. ......wned by the pre-emptor, that the land sought to be preempted being non-agricultural land claim of pre-emption on the claim of being contiguous land owner is not available to the pre-emptor. 7. The trial Court by separate judgment of the same date allowed the Miscellaneous Cases upon holding that ..Category: Property Law | Date: 25 Apr, 2004 | Hits: 42
Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)
....edy 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 rule...... 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 was not authorized in......y affidavit as forming the part of the main application. Upon hearing the parties the High Court Division disposed of the application without issuing any Rule with direction that it would be just and fair if pending disposal of the appeal pending before the Bangladesh Bank the operation of the impug...... 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: ..Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175
Abdul Jabbar Vs. Md. Lokman Hossian, 2006, 35 CLC (AD)
....g the ownership of the suit premises between the parties and that in a preemption proceeding plaintiff admitted the title of the defendant and that after filing of the suit the defendant acquired right/ title and interest in the suit premises and that litigations being pending between the part......ocate, instructed by Md. Nawab Ali, Advocate-on-record-For the Petitioner Nurul Amin, Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on-record- For the Respondents Civil petition for leave to appeal No. 528 of 2003. (From the Judgment and Order, dated February 9, 2003 passed ...... 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. ......er of the suit premises and as such the S.C.C. suit is not maintainable. It was also the contention of the defendant that the plaintiff has no bonafide requirement of the premises in suit. 4. The trial Court dismissed the suit upon observing that there is dispute regarding the ownership of the s..Category: Tenancy Law | Date: 21 Apr, 2004 | Hits: 69
Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)
....o the meaning of the specifications, designs, drawings and instructions hereinbefore mentioned and so to the quality of workmanship or materials used on the work, or as to any other questions, claim, right, matter or thing whatsoever, in any way arising out of or relating to the contract, designs, d......rdinate Judge at Dhaka in Title Suit No.134 of 1997, which refused to set aside the award dated 22‑6‑2000. 2. The respondent made an application under section 20 of the Arbitration Act, 1940 for filing of the arbitration agreement in Court and for appointment of an Arbitrator to arbitrate o......s and remuneration for the arbitration. We are also of the view that the learned Arbitrator is obliged to state in the award the remuneration and fees received and from which of the parties to ensure fairplay and strengthen public confidence in arbitration. 56. In the circumstances, there is no...... security to the satisfaction of the Court for the payment of such sum or for the fulfillment of any other obligation by him under the award." 45. Such objection was never raised before the trial Court. The objection for the first time was raised in this appeal. 46. In reply, Mr. Gaff..Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3
Agrani Bank, rep. by the Chairman, BoD, & ors. Vs. Khandaker Badrudduza, 2004, 33 CLC (AD)
....ear 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 appellant No. 1. 7. The learned Counsel represe...... judgment and order dated February 26, 1997 of the Administrative Tribunal, (AT) Dhaka in Administrative Tribunal Case No. 193 of 1994 dismissing the same. 2. The respondent tiled the aforesaid AT Case challenging legality of his dismissal and prayed for reinstatement with all finan...... 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 appellant No. 1. 7. T...... fundamental difference between a disciplinary proceeding against an employee taken departmentally and a criminal proceeding in a Court of law against him on the selfsame facts. In a criminal trial, an offence like criminal breach of trust or forgery, dishonest intention or mens rea is requ..Category: Administrative Law | Date: 6 Apr, 2004 | Hits: 130
Nurul Huq (Md) @ MN Huq Vs. Nirmal Chandra Dutta & anr., 2004, 33 CLC (AD)
....ly required. He further submits that the defendant executing a solenama, filing it through Mr Abdus Satter, learned Advocate, the trial Court after examining the plaintiff was satisfied and, as such, rightly dismissed the suit. But the High Court Division without considering the materials on record ......Respondents Judgment April 5, 2004. The Code of Civil Procedure, 1908 (V of 1908), Section 107 The impugned solenama having not been sent for examination by hand-writing expert of the signature appearing on the solenama and genuineness o......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. ......ng that he did not execute or file any solenama nor appointed Mr. Abdus Satter as his Advocate nor authorised him to enter into any solenama agreement. The suit was contested by the appellant and the trial Court after recording evidence dismissed the suit. The respondent went on appeal before the Hi..Category: Property Law | Date: 5 Apr, 2004 | Hits: 103
Sec. Min. of Law, Justice & Par. Affairs & ors. Vs. Md. Borhan Uddin and ors., 2004, 33 CLC (AD)
....of the Session Case, that the writ‑petitioner was appointed as Special Public Prosecutor to conduct hearing of the Session Case No. 120 of 1993 alone and, m such, he did not acquire any legal right and further terms and conditions of the service as of Special Public Prosecutor is not gover......angladesh was appointed along with another Advocate as the Special Public Prosecutors to conduct hearing of the Sessions Case No. 120 of 1993. The respondent No. 1 while conducting hearing of the aforesaid Session case, the Ministry of Law, Justice and Parliamentary Affairs (Solicitor Wing), by ...... Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md Tafazzul Islam J Secretary, Ministry of Law, Justice and Parliamentary Affairs and others .......Appellants Vs. Md. Borhan Uddin and others…….........on by the writ‑respondent Nos. 1 and 2 i.e. Secretary and the Assistant Secretary of the Ministry of Law, Justice and Parliamentary Affairs as well as by the added respondents who are facing trial in the aforementioned Sessions Case by reiterating the statements made by respondent Nos. 1 a..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 201
SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)
.... 9. In view of our discussions made hereinabove we find no merit in this appeal. The appeal, accordingly, is dismissed. There is no order as to costs. Ed. ...... The government is legally authorised to terminate appointment of a Special public prosecutor out of necessity. Questioning legality of termination of such appointment by one claiming himself as informant or witness of the case, “can hardly be considered legally well conceived” and s......rosecutors to conduct hearing of the Sessions Case No. 120 of 1993 of the 3rd Court of Additional Sessions Judge, Dhaka. The appointment was made by the Ministry of Law, Justice and Parliamentary Affairs (Solicitor Wing) Government of Bangladesh by the letter dated June 8, 1997. By the letter dat......in the incident of 9‑7‑1992. It was the contention of Mr. SM Jillur Rahman that he, as the informant, being interested in the prosecution of the accused persons who have been placed on trial in Sessions Case No. 120 of 1993 of the 3rd Court of Additional Sessions Judge and as the Adv..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259
Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)
....on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ......rol or factors which are outside the control of the prosecution or the delay that has occurred is not a deliberate act of delay on the part of the prosecution in that case delay shall not be a ground for quashing of the proceeding…………………..(10 & 13) Investigation by Assistant In......on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ......ing will have to be examined in each case to determine whether the delay constitutes abuse of the process of the Court or not. But one thing is to be kept in mind that in case delay in concluding the trial is due to circumstances over which the prosecution has no control or factors which are outside..Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74
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.......Act, 1872 (I of 1872) Section 73 The High Court Division is competent enough to compare signature of the defendant in the bianapatra with available authenticated signature of the defendant. Therefore The High Court Division was in error in sending the case back on remand for the same purpose to......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....... the defendant in the bianapatra with available authenticated signature of the defendant. Therefore The High Court Division was in error in sending the case back on remand for the same purpose to the trial court. Lawyers Involved: ASM Khalequzzaman, Advocate‑on‑Record ‑ For the Appell..Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
Jahangir Alam (Md) alias Zakir Vs. State, 2004, 33 CLC (AD)
....t is a case of no evidence. There is nothing to disbelieve the evidence of the PWs who have proved the prosecution case to the heel and the learned Tribunal after considering the evidences of the PWs rightly convicted and sentenced the convict‑prisoner and discharged the Rule". Having regard to...... March 9, 2004. Result: Maintaining the conviction, the sentence is modified 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. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A The Co...... 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. ......submitted charge‑sheet against the convict‑petitioner under section 4 of the Anti‑Terrorism Act, 1992 and accordingly, charge was framed, to which the petitioner pleaded not guilty and demanded trial. 5. The trial Court convicted and sentenced the petitioner as aforesaid. Against the afores..Category: Criminal Law | Date: 9 Mar, 2004 | Hits: 93
Akram Hossain (Md.) Vs. Sahera Khatun and others, 2004, 33 CLC (HCD)
....ale of the suit holding at a consideration of Taka 36,00,000 and on receipt of Taka 9,00,000 on 8‑12-2002 executed an agreement and handed over possession of the holding to him. To protect his right and actual physical possession under the agreement, and in order to avoid multiplicity of proc......hers.........................Respondents Judgment March 8, 2004. Result: The Rule is discharged. Whether or not the oral contract as claimed by the plaintiff is genuine and enforceable in law Addition of subsequent transferees is necessary for proper adjudication of the......nt District Judge is directed to hear and dispose of the suit within a period of three months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 317. ......to get possession of the suit-holding if he ultimately succeeds in the suit. Presence of opposite party No.4 would assist the Court to arrive at a correct decision on the issues that may arise at the trial of the suit………………..(11-13) Cases Referred to- ..Category: Contract Law | Date: 8 Mar, 2004 | Hits: 5
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