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Shamsul Haque (Md) Vs. Amina Khatun and others, 2004, 33 CLC (AD)
....s been miscarriage of circumstances and this requires interference by us. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 23....... affording the parties to adduce fresh evidence. 7. We have heard Mr. Probir Neogi, the learned Counsel for the appellant and pet-used the judgment of the High Court Division and other connected papers. 8. It is not disputed that the pre‑emptor is a co‑sharer by purchase in the case la......05) 23.......s been miscarriage of circumstances and this requires interference by us. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 23...Category: Civil Law | Date: 31 Aug, 2004 | Hits: 156
Bangladesh Jute Corporation Vs. AB Jute Ltd, 2004, 33 CLC (HCD)
.... 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. ...... 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 ......tration. 35. Now we take up issue No.‘d’. The impugned orders read that learned Subordinate Judge heard the arguments of the learned Advocates, perused the application and objection, documents and award. He found that the tribunal gave its award on proof of each and every claim as m..Category: Arbitration Law | Date: 18 Aug, 2004 | Hits: 8
....ng was sanctioned; nor shall foreign private investment be accorded a less favourable treatment than what is accorded to similar private investment by the citizens of Bangladesh in the application of relevant rules and regulations.
10. The aforesaid provisions, inter alia, provide for fair and ...... dispose of the application of the petitioner for manufacturing tent at Chittagong EPZ within 2(two) months of receipt of this order.
Ed.
This Case is also Reported in: 57 DLR (2005) 631.
......)
Present:
Md. Abdul Matin J
Tariq ul Hakim J
Northpole (BD) Ltd......................................Petitioner
Vs.
Bangladesh Export Processing Zones Authority (BEPZA) and others............Respondents
Judgment
August 17, 2004.
Result:
The Rule is......for. It has been further alleged by the respondent No.4 that on 2‑4‑2002 one of the officials of the petitioner company was caught red-handed by the respondent No.1 removing confidential business documents of another industrial enterprise namely, HKD (Hi-Tech) Limited from BEPZA office at Chitta..
Category: Business or Commercial Law | Date: 17 Aug, 2004 | Hits: 2
Ashraful Alam Vs. Md. Moniruddin and ors, 2004, 33 CLC (HCD)
....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. ......leaving behind defendant Nos.1 to 11 as his only legal representatives. Abdul Motaleb, father of the plaintiffs, took lease of suit shops at a monthly rental of Taka 125. He first started business of papers under the name and style Capital Paper Mart. But he was very irregular in payment of rent. Af...... (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......possession? and (e) what relief the plaintiffs were entitled to? 8. In support of their respective cases, both plaintiffs and defendant No.12 examined three witnesses each. Papers and documents produced by the plaintiffs were marked as Exhibits 1 to 5 series while those of the defend..Category: Property Law | Date: 17 Aug, 2004 | Hits: 2
Hasina Begum Vs. Deputy Commissioner, Dhaka and others, 2004, 33 CLC (HCD)
....d auction sale is also declared without jurisdiction, illegal and void; and accordingly, quashed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 257. ......upport of her case, plaintiff examined four witnesses including herself while the defendant examined one witness, an assistant of the General Certificate Officer. The plaintiff also adjured number of papers, which were marked as exhibits 1 to 6 series while those of the defendants marked as Exhibit ......Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Huq J Hasina Begum....................................Appellant Vs. Deputy Commissioner, Dhaka and others........Respondents Judgment August 15, 2004. Result: The Appeal is al......d auction sale is also declared without jurisdiction, illegal and void; and accordingly, quashed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 257. ..Category: Others | Date: 15 Aug, 2004 | Hits: 3
Jane Alam (Md.) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....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. ......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. ......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 ...... The learned Assistant Attorney-General however, finds it difficult to oppose this contention. 10. After careful scrutiny and examination of the statements contained in the writ petition and the documents annexed thereto, the contentions advanced by the learned Advocate for the petitioner appea..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)
.... 409 of the Penal Code as well as under section 5(2) of the Act II of 1947. The Court of Special Judge on receiving the records registered the Special Case No. 12 of 1985. Since the petitioner at the relevant period i.e. the period in which he was said to have committed offence of misappropriation, ......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. ...... 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. ......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. ..Category: Criminal Law | Date: 10 Aug, 2004 | Hits: 84
....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 of business are no doubt relevant at the trial. The bank is obliged to prove such entries But proof of such entries in its bo......e suit. Had said Taka 29,12,845 not been remitted, then Taka 8,77,303.49 would have been to the credit of the defendant company. In spite of repeated demands, the plaintiff bank failed to produce any papers in respect of alleged letter of credits. The plaintiff bank most illegally withheld the passb......Reported in: 57 DLR (2005) 643.
......entation is one of the most important parts of the lending operation of a bank.
In case of need the realisation of bank dues depends to a large extent upon the precision and completeness of the documents obtained from the customers; each bank should have a set of printed forms of its own which..
Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4
State Vs. Md. Amir Hamza, 2004, 33 CLC (AD)
....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. ......e prayer for withdrawal of the case under section 494 of the Code. We live seen the application under sections 439/435 of the Code. We have also looked, at the FIR, charge‑sheet and other connected papers of the case. We have also scrutinised and examined Government memo dated 14‑7‑2003." ......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......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. ..Category: Criminal Law | Date: 31 Jul, 2004 | Hits: 115
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
.... into possession and both of them have intelligently avoided the point of time on what date the defendant No.1 entered upon possession in the suit land. In such a case, priority of possession is also relevant and the point was considered by their Lordships in the case of Ramchandra Apaji Vs. Balaji ......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. ......J Nurul Haque (Md.) ……………………………………………Petitioner Vs. Anowara Begum and others……………………………&h......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)
....tration or appointment of the arbitrator was valid in law as per arbitration agreement or the award was not otherwise invalid or improperly procured. Had it examined the arbitration agreement and the relevant law as mentioned above it would have definitely found the award a nullity. 30. Scope o......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. ......ivil Appellate Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Amin J Chairman, RAJUK.................................................. Appellant Vs. MN Alam and Associates Limited..............................Respondent Judgment July 27, 2004. ......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
M. A. Mazid and another Vs. The Chairman, Chittagong Port Authority and others, 2006, 35 CLC (AD)
....3 of the Constitution creates not bar -in view of the fact that the Chittagong Port Authority derives power from the legislation itself." 8. In that view of the matter and perusal of the relevant law we do not find any substance in the submission of the learned Counsel for the petitione......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. ......tion is dismissed. Ed. ......issued by the Bank as per bank records and no sanction or confirmation of such bank guarantee was given from the Head Office of the City Bank. Those bank guarantee numbers correspond to security documents issued for others and do not tally with the petitioner's bank guarantees and &nbs..Category: Fiscal/Taxation Law | Date: 18 Jul, 2004 | Hits: 109
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
....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. ......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. ...... (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......ndant to restore possession in the decree. 40. We have already found that sale deed Nos.965 and 966 dated 30‑1‑70 were forged and created since the plaintiff did not execute and register the documents. The documents are therefore, void ab initio. When a document is void ab initio that need ..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....8209;12‑1960. The further case of the plaintiff was that Abu Siddique Mazumder was friendly with the plaintiff from before and since the plaintiff could not come to Rangpur from India at the relevant time for the purpose and since he had none to look after his properties the plaintiff appo......arned Counsel for the appellants and Mr. Md. Fazlul Karim, the learned Counsel for the plaintiff‑respondent Nos. 1‑7 and perused Judgment of the High Court Division and other connected papers. 7. The case of the plaintiff was that he was the real owner of the disputed pr...... 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......iff was his benamder with respect thereto and the further submission that the High Court Division ought to have discussed the elaborate evidence relating to the topic Of custody of the basic documents but has not applied its Judicial mind in this regard, and the further submission that the..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Mukul Vs. State, 2004, 33 CLC (AD)
....t prosecution through the evidence of PW 1 has established the fact of demand of dowry by the condemned prisoner, that the case of alibi i.e. absence of the condemned prisoner from the house at the relevant time, was not established by the reliable evidence, that petitioner's contention that as ...... 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. ......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...... 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)
....ansbangla. Shipping Co and Gold Star Lines Ltd. and that the, same having also been mortgaged in respect of the loan of Messrs Coast Marine Lines Limited and that the petitioner having produced all relevant documents of mortgage including memorandum of deposit of title deeds, deed of agreement t......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. ......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. ......an amount, the so-called Memorandum of Deposit of Title Deed dated 17‑3-1988 was forged, concocted and illegal, the plaintiff is entitled to get back the title deed along with other supporting documents lying with the bank and a decree of Taka 75,00,000 as compensation against the petitioner..Category: Civil Law | Date: 5 Jul, 2004 | Hits: 171
Hafez Abdus Salam Vs. Syed Fazlul Quader and another, 2004, 33 CLC (HCD)
....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. ......against an order rejecting a memorandum of appeal for non-supply of deficit court fees…………..(16) rejection of a memorandum of appeal presented on insufficient stamped papers shall be deemed to be a decree within the meaning of section 2(2) of the Code of Civil Proced...... Appellate Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Huq J Hafez Abdus Salam............................................Appellant Vs. Syed Fazlul Quader and another............................Respondent Judgment June 29, 2004. Result: ......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)
.... statutory rate for acquisition provided under the Emergency Requisition of Property Act, 1948 and has referred to a decision in the case of Bangladesh vs. Basaratullah reported in 42 DLR (AD) 91 the relevant passage is quoted as under: "It was said in the case that though no......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......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
....s) and the case reported in (2001) 6 SCC, 365 (Fuerst Day Lawson Ltd. vs. Jindal Exports Ltd.) and the case reported in AIR 1959 SC, 1362 (The Union of India vs Kishorilal Gupta and Brothers) are not relevant as regard the points raised in the instant matter and yet to be finally disposed of by the ......bitrator nominated by the defendant No. 1 were determined not to allow him to proceed with his case before the Arbitral Tribunal, that the Solicitor of the defendant No. 1 expressed the view that the papers filed by the plaintiff were forged documents, that though Solicitor of the defendant No. 1 co......s Case is also Reported in:56 DLR (AD) 166.
......were determined not to allow him to proceed with his case before the Arbitral Tribunal, that the Solicitor of the defendant No. 1 expressed the view that the papers filed by the plaintiff were forged documents, that though Solicitor of the defendant No. 1 confirmed in writing that they would have no..
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)
....agraph 10 it has been stated— "Under Order IX, rule 13 of the Code, if summons is not duly served on the defendant that is a good ground for setting aside an ex parte decree. On a perusal of the relevant provisions of the Code of Civil Procedure it would be apparent, that due service of summons......was filed against him. On 29th July, 2001 the respondent No.1 the Joint District Judge and Artha Rin Adalat No.1, Chittagong by Order No.5 ordered publication of notice to the petitioner in two newspapers as per section 5(Ka) of the Artha Rin Adalat Ain, 1990. Pursuant to the said order notices we...... Court High Court Division (Special Original Jurisdiction) Present: Md. Awlad Ali J Mir Hashmat Ali J Abdul Gaffar Chowdhury............... Petitioner Vs. Joint District Judge and Artha Rin Adalat & others..........Respondents Judgment June 14, 2004. Results: ......in a bid to release some goods covered by the letter of credit opened by the petitioner in the respondent bank. The respondent bank failed to sanction the said sum although the L/C was secured by the documents of title of the imported goods and there was also full security for the proposed revolving..Category: Banking Law | Date: 14 Jun, 2004 | Hits: 310
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