Search Options
Judgment Advanced Search
Displaying 701-720 of 5707 results.
Bangladesh Jute Corporation Vs. AB Jute Ltd, 2004, 33 CLC (HCD)
....ur Vs. Amritlal Kali Das and others, AIR 1954 Bombay 293; Samilummah Vs. Collector of Aligarh, AIR 1946 Privy Council 75; Banarasi Das Vs. Cane Commissioner, AIR 1963 SC 1417; Rajuk Vs. MN Alam and Associates, FA No.282 of 2003; Awan Industries Ltd. Vs. Executive Engineer, Lined Channel Division, 19......arbitrator who will finally decide the controversy, of course, in judicial manner. 33. Law requires such reference or submission must be intended and expressed by the parties in writing which is called 'written arbitration agreement'. An oral agreement to submit a dispute or differ...... 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. ......ellip;……….Respondent Judgment August 18, 2004. Result: The Appeals are allowed. Cases Referred to- Chellappan Vs. Secretary Kerala Electricity Board and another, AIR 1975 SC 230; Waverly Jute Mills Co. Ltd. Vs. Raymon and Co. India (Pvt.), AIR 1963 ..Category: Arbitration Law | Date: 18 Aug, 2004 | Hits: 8
Ashraful Alam Vs. Md. Moniruddin and ors, 2004, 33 CLC (HCD)
....1995, which decreed the suit. 2. Respondent Nos.1 to 6 as plaintiffs on 14-2‑95 instituted the suit for declaration of title in the suit land on the basis of adverse possession only and also for further declaration that said defendant No.12 acquired no title or interest in the suit land ...... 11. He further said that the home of Hafez Mohammad Hossain was in Zinnia, Dhaka. He had other property at the Bandar. The suit land was on the Dapur Station Junction of three roads. It was also called old Press Club road, in the commercial centre of the town. Price of possession in the area wa......r Kishan Singh (dead) Vs. Arvind Kumar; 1994(6) SCC 591. 35. In the circumstances, possession of the plaintiffs in the suit shops cannot be termed as adverse. Impugned judgment and decree of the trial Court declaring title of the plaintiff in the suit land therefore cannot be sustained in law. ...... (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Huq J Ashraful Alam........................................Appellant Vs. Md. Moniruddin and ors..........................Respondents Judgment August 17, 2004. Result: T..Category: Property Law | Date: 17 Aug, 2004 | Hits: 2
Jane Alam (Md.) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
............................................Petitioner Vs. Government of Bangladesh and others..............Respondents Judgment August 10, 2004. Result: The Rule is made absolute. Lawyers Involved: Dr. AKM Ali with AB Showkat Ali, Advocates- For the Petitioner. ......nce to the aforesaid Trawler of the petitioner. In accordance with law within 60 (sixty) days from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 305. ......or fishing on a regular basis and that would mean a total and colossal loss to the petitioner. Accordingly the petitioner obtained necessary permission from the respondent Nos.1 and 4 and carried out trial trip by the said vessel for deep sea fishing on 27‑8‑2003. In this connection the petition......inal Jurisdiction) Present: Md. Joynul Abedin J Sharifuddin Chaklader J Jane Alam (Md.)...........................................Petitioner Vs. Government of Bangladesh and others..............Respondents Judgment August 10, 2004. Result: The Rule ..Category: Admiralty Law or Maritime Law | Date: 10 Aug, 2004 | Hits: 4
State Vs. Md. Arab Ali, Ex-Manager, Rupali Bank and others, 2005, 34 CLC (AD)
....riminal Revision No. 345 of 1991 registered upon a petition filed under section 561 A of the Code of Criminal Procedure. By the aforesaid judgment the High Court Division upon making the Rule absolute quashed the proceedings of Special Case No.12 of 1985 (arising out of Motijheel PS Case No. 5......rt Division was in error in quashing the proceeding of the Special Case No. 12 of 1985 of the Court of Divisional Special Judge, Dhaka. Accordingly, the appeal is allowed. Ed. ......respondent No. 1 has been declared void and without jurisdiction and that the Court has further made declaration, that the respondent No.1 is "still in service" and the said judgment of the trial Court has not been interfered by the appellate Court as well as by the revisional Court and, a...... Amin J MM Ruhul Amin J Md. Tofazzul Islam J State ………………..Appellant Vs. Md. Arab Ali, Ex‑Manager, Rupali Bank and others..........Respondents Judgment August 10, 2004. ..Category: Criminal Law | Date: 10 Aug, 2004 | Hits: 84
.... are no doubt relevant at the trial. The bank is obliged to prove such entries But proof of such entries in its books of accounts shall not be sufficient evidence to entitle the bank to charge any person with any liability and ultimately, to a decree against him. The bank must adduce independent evi......ers sanctioning of any advance or loan facilities and relating to the alleged accounts could not be produced by the bank in spite of demands made on behalf of the defendant company. Hand‑written so-called statements of accounts produced and got marked as exhibit 11 and 11(ka) are not admissible in......idence 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 of business are no doubt relevant at the trial. The bank is obliged to prove such entries But proof of such entries in its books of accounts ......Reported in: 57 DLR (2005) 643.
..
Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4
State Vs. Md. Amir Hamza, 2004, 33 CLC (AD)
.... Advocate, Opposes the petition stating, inter alia, that on perusal of the memo dated 14‑7‑2003 issued by the Government intimating the decision for withdrawal of the case, it appears that no reason has it all been assigned for withdrawal of the case not to speak of offering any cogent reason a......the discussion made above we do not find any substance in the leave petition. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 26. ......cretion of the Court. Exercise of such discretion cannot ordinarily be questioned. Of course, the discretion must be shown to have been exercised judicially. So judgement and order of the trial court refusing the prayer for withdrawal from the prosecution and affirming the same judgement......secution is a discretion of the Court. Exercise of such discretion cannot ordinarily be questioned. Of course, the discretion must be shown to have been exercised judicially. So judgement and order of the trial court refusing the prayer for withdrawal from the prosecution and affirming t..Category: Criminal Law | Date: 31 Jul, 2004 | Hits: 115
Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)
....the house of the appellant and requested him to execute and register the sale deed receiving the rest amount of Taka 52,00,000. But the appellant replied that the value of the suit property has risen so he will not sell the same. He expressed his inability to return the earnest money at that moment.......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. ......e promise of paying Taka 13,00,000 to him after the execution of the bainapatra and the failure of the plaintiffs to perform their dues as per the oral agreement made between the parties. 4. The trial Court after the learned Advocates of both the sides framed 4 issues which are (i) is the suit ...... S Rahman Miah J Dewan Abul Abbas………………………………………Petitioner Vs. Muna Haque and other……………………………&he..Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....njoyment as opposed to the 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 pos......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. ......nts preferred the Other Appeal No.24 of 1982 and on 14‑6‑1984 the appeal was allowed by the learned appellate Court, by its Judgment and decree, setting aside the Judgment and decree of the lamed trial Court and remanding the suit back to the trial Court with direction to the Learned Munsif to g......J Nurul Haque (Md.) ……………………………………………Petitioner Vs. Anowara Begum and others……………………………&h..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
MM Ishak Vs. State and another, 2004, 33 CLC (HCD)
....lur Rahman J MM Ishak....................Accused Petitioner Vs. State and another .......................Opposite Partes Judgment July 25, 2004. Result: Both the Rules are made absolute. Lawyers Involved: Syed Mizanur Rahman with SRM Lutfor Rahman Akhand, Advocates ‑ For...... Nari‑o‑Shishu Nirjatan Daman Tribunal No. 4, Dhaka, is hereby quashed. Communicate this judgment to the concerned Tribunal at once. Ed. This Case is also Reported in: 56 DLR (2004) 516. ...... as said in section 11 of the Ain. Thus the allegations made in the first information report constitute offence punishable under sections 11(kha)/30 of the Ain. He further submits that at the time of trial taking evidence it will be determined actually what sort of hurt was caused by the accused hus......Supreme Court High Court Division (Criminal Revisional Jurisdiction) Present: SM Dastagir Husain J AKM Fazlur Rahman J MM Ishak....................Accused Petitioner Vs. State and another .......................Opposite Partes Judgment July 25, 2004. Result: Both ..Category: Women and Children | Date: 25 Jul, 2004 | Hits: 156
Abdul Malek Sawdagar Vs. Md. Mahbubey Alam and others, 2004, 33 CLC (AD)
....ation under Order VII rule 11 read with section 151 of the Code of Civil Procedure for rejection of the plaint on the ground that the suit is barred under section 102 of the Waqf Ordinance 1962 and also by res-judicata to which the plaintiffs filed written objection denying the same. The trial Cou......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. ......ecovery of khas possession by evicting Yakub Seth and others. The suit was decreed on contest on 22‑8‑1934 and the defendant fought up to the then High Court of Calcutta against the decree of the trial Court unsuccessfully but the decree‑holder defendant never executed the decree and Yakub Set......il) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Abdul Malek Sawdagar……………….........Appellant Vs. Md. Mahbubey Alam and others…………Respondents Judgment July 20, 2004. The Waqf Ordinance, 1962 ..Category: Civil Law | Date: 20 Jul, 2004 | Hits: 160
....other......................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 ba......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.
......ade complete when other mandatory provisions of the provisos are also found to be complied with. Neither the present petitioners nor convicted accused Khalilur Rahman (now dead) during, the course of trial has denied it in any way. ………(31)
Cases Referred to-
Union Road...... 57 DLR (2005) 603.
..
Category: Banking Law, Criminal Law | Date: 19 Jul, 2004 | Hits: 3
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
.....................................Petitioner Vs. Abdul Aziz and others.................................Opposite Parties Judgment July 17, 2004. Result: The Rule is made absolute. Cases Referred to- Hamida Begum Vs. Murad Begum, PLD 1975 SC 624; Abdul Jalil Mun......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. ......esses each. Documents produced by the plaintiff were marked Exhibits 1 to 6 while those of the defendants marked as Exhibit 'Ka’. 7. On the evidence oral and documentary on record, the trial Court held that the sale deeds being No.965 and 966 dated 30‑1‑70, Exhibit 'Kha' w...... (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Huq J Zamini Bala Das..........................................Petitioner Vs. Abdul Aziz and others.................................Opposite Parties Judgment July 17, 2004. R..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....al court can be reversed by the Appellate Court? High Court Division as the final court of fact without considering the evidence and materials on record and without adverting to the reasoning given by the trial court reversed the findings of the trial court. Therefore, the judg......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. ......lam Chowdhury and ors. …......Respondents Judgment July 13, 2004. The Code of Civil Procedure, 1908 (V of 1908), Order XLI, rule 31 When a finding of the trial court can be reversed by the Appellate Court? High Court Division as the final c...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tofazzul Islam J Nurul Haque and others.......... Appellants Vs. Abdus Salam Chowdhury and ors. …......Resp..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Mukul Vs. State, 2004, 33 CLC (AD)
....rence. 3. The reference was made by the learned Judge of the Nari‑o‑Shishu Nirjatan Daman Adalat (the Adalat), Narail upon convicting, on October 24, 2000, the condemned prisoner under section 10(1) of the Nari‑o‑Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 199...... 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. ......mned prisoner under section 10(1) of the Nari‑o‑Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 (the Ain) and sentencing him to death. 4. The condemned prisoner was put on trial to answer the charge under section 10(1) of the Ain. 5. Prosecution case was tha......sion) Rules, 1988 Rule I Order XXVI in Part IV This provision provides for review of criminal proceedings “ on the ground of an error apparent on the face of the record” and it implies that if such error or errors is/ are allowed to continue injustice would be perpetu..Category: Criminal Law | Date: 10 Jul, 2004 | Hits: 100
Oriental Bank Ltd. Vs. Rina Alam and another, 2004, 33 CLC (AD)
....itle 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 and illegal......e 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 and illegal, t......Rin Adalat on 24-5-2001 and Artha Rin Adalat found the property of the plaintiff was mortgaged to the defendant bank. The present suit was therefore hit by the principle of res judicata. 5. The trial Court on the pleading framed the following issues for determination: 1. Was the suit in the......rt Appellate Division (Civil) Present: SJR Mudassir Husain CJ Md. Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Oriental Bank Ltd. ..........Petitioner Vs. Rina Alam and another ......Respondent Judgment July 5, 2004. Result: The petition is dismissed. ..Category: Civil Law | Date: 5 Jul, 2004 | Hits: 171
Roquib Mohammad Fakrul alias Rocky Vs. Md. Abdul Kashem & ors., 2004, 33 CLC (AD)
....898 (V of 1898), Section 526 Whenever both parties and most 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...... 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. ...... 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...... Judgment June 30, 2004. The Code of Criminal Procedure, 1898 (V of 1898), Section 526 Whenever both parties and most of the witnesses reside in one place within the jurisdiction of one court and the case or..Category: Criminal Law | Date: 30 Jun, 2004 | Hits: 80
Rajshahi Development Authority Vs. Sultan Ahmed, Advocate and others, 2005, 34 CLC (AD)
.... Lawyers Involved: Md. Ozair Farooq, Senior Advocate, instructed by Md. Nawab Ali, Advocate‑on‑Record‑For the Appellant. Sultan Ahmed, Advocate, (appearing in person), instructed by Md. Aftab Hossain, Advocate‑on‑Record-For Respondent No. 1.&nbs......at Taka 30,000 per acre is found to have met the ends of justice, fairness and equity in this case in the circumstances as shown above. We, therefore, do not think that any interference is called for. Substantial justice is found to have been done to both the parties." &nb......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. ...... Md Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Rajshahi Development Authority……...........Appellant Vs. Sultan Ahmed, Advocate and others.............. Respondents Judgment June 29, 2..Category: Constitutional Law | Date: 29 Jun, 2004 | Hits: 232
Abdul Mumin alias Tanu Miah Vs. Mahfujur Rahman and others, 2004, 33 CLC (AD)
....father late Abdul Mogni and uncle Abdul Ghani who died leaving only daughter,Respondent No. 2 Farida Begum. It was the case of the pre-emptor that Farida Begum as co-sharer of the khatian in question sold parcels of land by five registered kabalas dated September 5, 1988 to Mehfuzur Rahman, the Resp......le partition of the land of the khatian No. 450 alleged by the pre-emptees being not partition in the eye of law and thus there being no ceasing of co-shareship in the land of the khatian by the so called amicable partition the High Court Division as well as the lower appellate Court were in error......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......ngladesh Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Abdul Mumin alias Tanu Miah.......... Appellant (In all the appeals) Vs. Mahfujur Rahman and others................ Respondents (In Civil Appeal No. 85 of 1998) Pervejur Rahman and oth..Category: Property Law | Date: 28 Jun, 2004 | Hits: 43
ACI Ltd Vs. Square Pharmaceuticals Ltd. and another, 2004, 33 CLC (HCD)
..........................................Petitioner Vs. Square Pharmaceuticals Ltd. and another.........Opposite Parties Judgment June 23, 2004 Result: The Rule is made absolute. Cases Referred to- Md. Nurul Islam and others Vs. Government of Bangladesh, 1977 B...... 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......evisional Jurisdiction) Present: Md. Abdur Rashid J SAB Mahmudul Huq J ACI Ltd..........................................Petitioner Vs. Square Pharmaceuticals Ltd. and another.........Opposite Parties Judgment June 23, 2004 Result: The Rule i..Category: Civil Law | Date: 23 Jun, 2004 | Hits: 1
.... Corporation vs KKK Kar (1974) 1 SCC 141; (1996) 1 SCC, 54 (Indian Drugs & Pharmaceuticals Ltd vs Indo Swiss Synthetics Gem Manufacturing Company Ltd and others); (2001) 6 SCC, 365 (Fuerst Day Lawson Ltd vs Jindal Exports Ltd); AIR 1959 SC, 1362 (Union of India vs Kishorilal Gupta and Brothers) ......ll the documents to be produced by the plaintiff are genuine and he has personal knowledge of the same, that plaintiff was not allowed to place its document in support of its case, that the plaintiff called Project Manager of the defendant No. 1 as witness but the defendant No. 1 created a situation......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 ......s Case is also Reported in:56 DLR (AD) 166.
..
Category: Civil Law | Date: 21 Jun, 2004 | Hits: 321
90258883889778900157889990305941558971904373152631539430988909145