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Abdul Malek Sawdagar Vs. Md. Mahbubey Alam and others, 2004, 33 CLC (AD)
.... a pucca building and planted trees, made pucca wall in the suit land. The father of the appellant‑defendant No.1, however, instituted the suit for declaration that the property belonged to and was part of Amir Ali Waqf Estate and also for recovery of khas possession by evicting the present plaint......f the decree or otherwise evicting, the plaintiff’s predecessor and grandmother therefrom. The predecessor of the plaintiffs accordingly, continued in their possession in the suit land as before on payment of rent and after State Acquisition and Tenancy Act the suit land was recorded in the name o......rts concerned, which would independently dispose of the same on the materials, evidence in the suit and in accordance with law. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 18. ..Category: Civil Law | Date: 20 Jul, 2004 | Hits: 160
....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 .........................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 unpai......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.
..
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. ......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......nsferred said 36 decimals of the suit land to the plaintiff and delivered possession. SA record of rights was accordingly prepared and finally published in her name and she possessed the suit land on payment of rents. As the defendant claimed that he got title in the suit land the plaintiff was cons......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)
....09;Record‑For the Appellants. Md. Fazlul Karim, Senior Advocate instructed by Md. Nawab,414 Advocate‑on‑Record‑For Respondent Nos. 1‑7. Ex parte‑Respondent Nos. 8‑12 Civil Appeal No. 279 of 2001. (From the j...... in Jalpaiguri and 30 share of Nipuchapur Tea Estate but, in fact, he got back 10 decimal of land at Jalpaiguri and 30 share of Nipuchapur Tea Estate from Satish Kamal Sen and others afterwards on payment of cash money to Satyabati Devi. Satish Kamal Sen and other co-sharers and the owner of Kus......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
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......t the condemned 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 inf...... 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. ......plaintiff 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 17‑3Â-1988 was forged, conc..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...... Code of Civil Procedure might be available. 19. In District PE Officer Vs. Joynal Abedin, 40 DLR 328 a single Bench of this Division considered such order rejecting a memo of appeal for nonpayment of court fees in a revision application made under section 115 of the Code of Civil Procedur......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 DevelopÂment 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......sposed, of thereunder, as if 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 p......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 othÂers, 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.......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......mpleted because of several reasons beyond the control of the plaintiff, that though the defendant No. 1 issued mechanical completion certificate on 4‑1‑1999 and 4‑2‑1999 but instead of making payment for the work so done the said defendant terminated the contract on May 10, 1999, that the pl......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......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 have ......our months of the petitioner's application on 25th June, 1995 for revolving LTR, the respondent bank sanctioned the revolving LTR for a sum of Taka 40 lac against further security to cover the forced loan created in respect of the goods auctioned earlier. The petitioner had already repaid the respon..Category: Banking Law | Date: 14 Jun, 2004 | Hits: 310
Govt. of BD rep. by DC Vs. Anwara Huq & ors., 2004, 33 CLC (AD)
....he respondents received the compensation so assessed on protest. Thereafter, they filed Arbitration case claiming in all Taka 71,84,366. The learned Subordinate Judge (Arbitrator) upon hearing the parties made the award of Taka 37,23,664.41 in all. The Government as against the said award filed ......) 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 payment of Taka 33,53,878.19. 2. Facts, in short, are that respondents' property measu......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)
....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: ......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. ......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......ank, in accordance with the provisions of the Bankruptcy Act, 1997 presented the case after compliance of all the pre‑conditions spelt out in the said provisions by issuing the notice demanding the payment and after the expiry of the requisite period as spelt out in the Bankruptcy Act filed the ca...... section 22 (2) of the Act was not issued, or that the defendants did not commit any act of bankruptcy, that notice under section 9(1)(Jha) was not issued or that the defendants are able to repay the loan or they are not defaulters. The learned Judge further found that the contents of the petition f..
Category: Banking Law, Corporate Law | Date: 10 May, 2004 | Hits: 9
Asadul Hoque, Trading as Samrat Shoe Vs. Registrar of Trade Marks & another, 2004, 33 CLC (HCD)
....at although the appellant took time by filing application under TM 55 on 20-4‑97 yet on 11‑6‑97 he again prayed for time, and the Registrar after rejecting the prayer for time heard the case ex parte and allowed the application filed by the respondent cancelling the earlier order dated 29‑4â......ay be. The application for renewal of registration has to be filed in Form TM 12. From a perusal of Form TM 12 it appears that the application has to be filed observing some formalities including the payment of an additional fee; the application has to be filed within 3(three) months from the date o...... observations made hereinbefore. The impugned order passed by the Registrar of Trade Marks is set aside. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 565. ..Category: Others | Date: 5 May, 2004 | Hits: 4
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 AdvoÂcate 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......sition and Tenancy Act was not available and the Miscellaneous case filed seeking pre-emption was not maintainable since there was separation of jama and that the separation so made was acted upon by payment of rent, and the same was tried to be established by the pre-emptees showing payment of rent......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)
....by its memo dated 13‑3Â2004 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...... irreparable 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 f...... 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)
....atra and finally sold the suit premises by the registered kabala dated 20.8.1997 to the defendant, that he (defendant) filed Title Suit No. 1 6 of 1997 impleading the plaintiff as defendant seekÂing partition. It is the contention of the defendant that he is the owner of the suit premises and as su...... the same. 2. Facts, in short, are that predecessor of the Respondents filed aforementioned S.C.C. Suit seeking eviction of the petiÂtioner from the suit premises on the ground of default in the payment of rent. It was the case of the plaintiff that the defendant, herein petitioner, was a tenan...... 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. ..Category: Tenancy Law | Date: 21 Apr, 2004 | Hits: 69
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