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....ons where the cheque is dishonoured preventing the payee from encashing the face value of the cheque…….(22)
The words “Where any cheque” are of extreme significance, in particular by reason of the use of the word "any". The first three words suggest that, in ......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
M. A. Mazid and another Vs. The Chairman, Chittagong Port Authority and others, 2006, 35 CLC (AD)
....m J: The writ petitioners seek leave to appeal against the impugned judgment and order dated 05-01-2004 passed by the High Court Division in Writ Petition No. 5806 of 1997 making the rule absolute-in-part. 2. The rule in the matter was issued by the High Court Division calling upon the writ-r......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. ..Category: Fiscal/Taxation Law | Date: 18 Jul, 2004 | Hits: 109
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
....Court No.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 C......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
Mukul Vs. State, 2004, 33 CLC (AD)
....1) and 14 of the Ain. It may be mentioned in the post mortem report it was noted that death of Swapna Begum was due to asphyxia 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 Co...... 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)
....inciple of res judicata. 5. The trial Court on the pleading framed the following issues for determination: 1. Was the suit in the present form maintainable? 2. Was the suit bad for defect of parties? 3. Had the plaintiff mortgaged the property covered by schedule deed against the loan of......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. ..Category: Civil Law | Date: 5 Jul, 2004 | Hits: 171
Hafez Abdus Salam Vs. Syed Fazlul Quader and another, 2004, 33 CLC (HCD)
.... XLI, rule 1 of the Code of Civil Procedure shall be entered in the Register of Appeal [Supreme Court (High Court Division) Forms irrespective of their possible rejection or return for failure on the part of the appellant to pay the deficit court fees demanded by the Court in accordance with rule 28......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
Rajshahi Development Authority Vs. Sultan Ahmed, Advocate and others, 2005, 34 CLC (AD)
.... in 1962 the land was six years when the value of the land increased to a great extent. Government did not explain why notice was served in 1962 but acquisition was made in 1968. Although there is no particular period within which a requisitioned land is to be acquired after notice for acquisition h......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. ..Category: Constitutional Law | Date: 29 Jun, 2004 | Hits: 232
Abdul Mumin alias Tanu Miah Vs. Mahfujur Rahman and others, 2004, 33 CLC (AD)
....n 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 Judge, S......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
....n sections 3(1) and 3(4) of the Act barring the Court from granting an order of injunction is limited in application as to the arbitration being held in Bangladesh, but not as to matter restraining a particular party from proceeding with arbitration in foreign country in respect of a contract signed......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.
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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)
....use 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 under Order IX, rule 13 of the Code of Civil Procedure or for preferring an a...... 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
AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)
....le 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 apart from the power of review under the Code of Civil Procedure and rule 45 of the Appellate Divisio......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
State Vs. Md. Delwar Hossain Faraji, 2004, 33 CLC (HCD)
....ing conviction he was sentenced to death. 9. In the 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 i......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. ..Category: Criminal Law | Date: 18 May, 2004 | Hits: 3
....laint of the Bankruptcy case, it clearly appears that the respondent-bank satisfied the requirements of sub section 1(ka) of section 28, the Bankruptcy Court rightly rejected the petition leaving the parties to prove their own averments made in the plaint and the written statements and in the petiti......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
Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)
....Advocate-on-Record-For the Appellants (In both the appeals) Abdul Wadud Bhuiyan,Senior Advocate instructed by Md. Aftab Hosain, Advocate-on-Record- For Respondent No. 1-3 (In both the appeals) Ex-parte - For Respondent No. 4-36 (In both the appeals) Civil Appeal Nos. 84& 85 of 1999 Judgmen......o substantiate the said submission the learned Counsel has referred to Rule 17(2) and Rule 19 of the Civil Rules and orders. 16. True pleadings as well as petitions of allkinds requiring to judicial investigation of determination require to be verified in the manner as provides in Order 6 Rule 15 o..Category: Property Law | Date: 25 Apr, 2004 | Hits: 42
Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)
....by its memo dated 13‑32004 and thus failed to stay the operation of the order dated 26‑2‑2004. The writ petition was moved on 17‑3‑2004 treating the supplementary affidavit as forming the part of the main application. Upon hearing the parties the High Court Division disposed of the appli...... 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 upon investigation of the case on its merit and more so, on coming to a definite decision regarding prima..Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175
Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)
....l 11, 2004. Result: The Appeal is allowed. Appointment of Arbitrator by the Court Section 20(4) empowers the Court to make an order of reference to the arbitrator appointed by the parties, whether in the agreement or otherwise. The Court can appoint an arbitrator only when the co......be referred to the arbitration of the Superintendent Engineer, LGED of the District for the time being in the manner provided by law relating to arbitration for the time being in force who after such investigation as he may think proper shall deliver his aw..Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3
Agrani Bank, rep. by the Chairman, BoD, & ors. Vs. Khandaker Badrudduza, 2004, 33 CLC (AD)
....ent on April 7, 1994. 5. Thereupon, the respondent filed case before the Administrative Tribunal and the said Tribunal upon holding that there was no procedural defect in holding the departmental proceeding and all the allegations of unauthorised absence were proved during the inquir...... 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. ..Category: Administrative Law | Date: 6 Apr, 2004 | Hits: 130
Ananda Builders Ltd. Vs. Bangladesh Inland Water Transport Authority and others, 2004, 33 CLC (AD)
....ladesh, 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 breach thereof may entitle the aggrieved party to invoke the writ…….(20) A contract does not become a statutory contract simply bec...... 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. ..Category: Constitutional Law | Date: 6 Apr, 2004 | Hits: 215
Nurul Huq (Md) @ MN Huq Vs. Nirmal Chandra Dutta & anr., 2004, 33 CLC (AD)
....e 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 know of the same the respondent Nirmal Ch......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
Sec. Min. of Law, Justice & Par. Affairs & ors. Vs. Md. Borhan Uddin and ors., 2004, 33 CLC (AD)
....ty of the letter dated 13‑9‑1998 primarily contending that his appointment was terminated upon making allegation of receiving complaint against him but without disclosing the nature or particulars of the allegations said to have been received against him as well as without disclosing......discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 201
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