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Firoz Chokder Vs. State, 2004, 33 CLC (HCD)
....eneral - For the State. Criminal Miscellaneous Case No.5780 of 2003. Judgment Syed Muhammad Dastagir Husain J.- This Rule is directed as against the Judgment and order of conviction dated 1.7.2002 passed by the Nari-O-Shishu Nirjatan Damon Tribunal, Chandpur in Nari-O-Shishu Nirj......oksedpur District-Gopalgonj be set at liberty if not wanted in any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 85. ...... by the Nari-O-Shishu Nirjatan Damon Tribunal, Chandpur in Nari-O-Shishu Nirjatan Case No.38 of 2001 convicting the petitioner under Section 79(1) and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Tk.1000 in default to suffer 6 months rigorous imprisonment under sec..Category: Women and Children | Date: 27 Oct, 2004 | Hits: 7
Shamsul Haque (Md) Vs. Amina Khatun and others, 2004, 33 CLC (AD)
....‑Record ‑ For the Appellant. Ex parte ‑ The Respondents. Civil Appeal No.52 of 2003. Judgment MM Ruhul Amin J. - This appeal by leave is directed against the judgment and order dated 9‑4-2002 passed by a Single Bench of the High Court Division in Civil Revision No. 4959 of......ite party Nos.2 and 3 transferred the case land by a kabala dated 24‑31-980 (registered on 26‑7‑1982) at a consideration of Taka 4,000 to pre-emptee respondent Nos.1 and 2 without serving any notice upon the re-emptor who is a co-sharer by purchase of the case land. The pre-emptees are str...........Respondents Judgment August 31, 2004. Result: The appeal is allowed. The Code of Civil Procedure, 1908, (V of 1908), Order XIX, Rule 1(1), (3) When there was no issue before the trial court nor the appellate court regarding waiver, the High Court Division was not requi..Category: Civil Law | Date: 31 Aug, 2004 | Hits: 156
Bangladesh Jute Corporation Vs. AB Jute Ltd, 2004, 33 CLC (HCD)
....eard the appeals together and now, dispose of them by this judgment. 2. The Bangladesh Jute Corporation, in brief, the Corporation on 23‑11‑99 first presented FMA No.92 of 2000 against order dated 28‑7‑99 passed by the Subordinate Judge and Artha Rin Adalat No.4 at Dhaka in Title Suit N......n Arbitration Board and for an award of Taka 1,11,26,160 as compensation on the basis of market difference for failure of the Corporation to deliver 12,120 bales of said jute. 4. Pursuant to the notice, the Corporation appeared and opposed the application by filing a written objection. A Tribun......tration Act, 1940, in brief, the Act. 3. Facts of the case, in short, is that respondent Messrs AB Jute Limited, briefly, the company, entered into a contract with the Corporation on 16‑6‑94 for purchase of 15,220 bales of BWH jute. It received 3,100 bales of said jute. On 20‑9‑94 the c..Category: Arbitration Law | Date: 18 Aug, 2004 | Hits: 8
....ission of the respondent No.1, relocated its factory at Chittagong EPZ with an investment of 6 million United States dollars. It is further stated that although the petitioner by its project proposal dated 10th November, 1999 applied for permission to manufacture and export sports goods, leisure and......ndent No.1 removing confidential business documents of another industrial enterprise namely, HKD (Hi-Tech) Limited from BEPZA office at Chittagong. Thereafter, the respondent No.1 issued a show cause notice upon the petitioner and an enquiry committee, constituted to investigate into the matter on 3......ocessing Zones Authority (BEPZA) and others............Respondents
Judgment
August 17, 2004.
Result:
The Rule is made absolute.
Providence of fair and equitable treatment to foreign private investment which shall enjoy full protection and security in Bangladesh
The pro..
Category: Business or Commercial Law | Date: 17 Aug, 2004 | Hits: 2
Ashraful Alam Vs. Md. Moniruddin and ors, 2004, 33 CLC (HCD)
.... Mahbubey Alam with Sagir Anowar, Advocates- For the Respondents. First Appeal No.107 of 1997. Judgment Md. Abdur Rashid J.- Defendant No.12 presented the appeal against the decree dated 27‑2‑97 passed by the Subordinate Judge, Court No.1 at Rangpur in Other Class Suit No.5 of......endant No.12. 6. On 5‑2‑95 defendant No.12 requested the plaintiffs to settle the rent on the basis of a new Contract, which they declined. Then, on 1‑5‑95 defendant No.12 issued a legal notice upon the plaintiffs asking them to vacate the suit property but without any result. Then, on ......wed. A permissive possession to become adverse must be established by cogent and convincing evidence to show hostile animus and possession adverse to the knowledge of real owner. Mere possession for a long time does not result in converting permissive possession into adverse possession. Cf: Tha..Category: Property Law | Date: 17 Aug, 2004 | Hits: 2
Hasina Begum Vs. Deputy Commissioner, Dhaka and others, 2004, 33 CLC (HCD)
....m Advocates- For the Appellant. Not represented- The Respondents. First Appeal No.493 of 2000. Judgment Md. Abdur Rashid J.- Plaintiff presented the appeal against the decree dated 9‑7‑2000 passed by the Subordinate Judge, Court No.3 at Dhaka in Title Suit No.14 of 1991,......nt No.2 asked defendant No.3, General Certificate Officer, Dhaka to commence a certificate proceeding. Accordingly, Certificate Case No.17 of 1986 was started without however, any service of statuary notice upon said defendant No.4, the suit property was attached and then, placed for auction sale. ......nate Judge, Court No.3 at Dhaka in Title Suit No.14 of 1991, which dismissed the suit. 2. On 21‑1‑91 the plaintiff instituted the suit against the Deputy Commissioner, Dhaka and three others for declaration of title in the suit land with building thereon fully described in the schedule to t..Category: Others | Date: 15 Aug, 2004 | Hits: 3
Yusuf Chowdhury (Md.) Vs. Administrator of Waqf and others, 2004, 33 CLC (HCD)
....dispose of them by this order. 2. Md. Yusuf Choudhury moved this Division in revision under section 11 5(1) of the Code of Civil Procedure and on 25‑6‑2000 obtained the Rule against an order dated 1‑6‑2000 passed by the Additional District Judge, Court No.4 at Chittagong in Miscellaneou...... to be so recorded in SA and BS record of rights without any objection from any quarter. The land was being held as waqf for about 76 years. The Waqf Administrator without holding proper enquiry upon notice on the beneficiaries said that the land was not enlisted as Waqf and such order could not be ......tate, he is entitled to represent the waqf estate. Section 35 read with section 50 of the Waqf Ordinance, 1962 -Any person claiming an interest in the waqf is entitled to make a petition before the District Judge if he is aggrieved by any order or decision of the Waqf Administrator. Simil..Category: Trust/Waqf Law | Date: 11 Aug, 2004 | Hits: 1
Jane Alam (Md.) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....r on an application under Article 102 of the Constitution of the People's Republic of Bangladesh calling upon the respondents to show cause as to why the impugned orders vide Annexure-D and D‑1 dated 15‑7‑2003 and 6‑9‑2003 respectively refusing to accord registration and licence to the......e deep sea and marketing marine fish products all over Bangladesh. In order to make further development and extension in his aforesaid business the petitioner purchased in auction sale, pursuant to a notice in this regard published in the Dally Star on 10‑3‑2003, a deep sea fishing trawler from ......rs vide Annexure-D and D‑1 dated 15‑7‑2003 and 6‑9‑2003 respectively refusing to accord registration and licence to the fishing trawler of the petitioner named ‘FV Kohinoor‑1’ for deep sea fishing should not be declared to have been made without lawful authority and to be of ..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)
....ts. Judgment Md. Ruhul Amin J.- This appeal, by leave, has been filed against the judgment and order dated July 2, 1998 of a Division Bench of the High Court Division in Criminal Revision No. 345 of 19......61A Merely on the ground of delay criminal proceeding is not liable to be quashed except in case of exceptional nature. In the instant case in the background of the case noticed it is not a case of exceptional nature calling for quashment on the ground of delay or in e...... delay criminal proceeding is not liable to be quashed except in case of exceptional nature. In the instant case in the background of the case noticed it is not a case of exceptional nature calling for quashment on the ground of delay or in exercise of discretion or for complete justice. ..........Category: Criminal Law | Date: 10 Aug, 2004 | Hits: 84
Ayub Ali Chowdhury Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....of Religious Affairs and six others to show cause as to why the impugned office order contained in Memo No. ইফাঃ প্রশাঃ/তদন্ত-২০(৬)৩৪৯/২০০২/২১১ dated 24‑7‑2003 issued by the respondent No.4 (Annexure-R) compulsorily retiring the petitioner ......lf of the petitioner. 6. Mr. Shafique Ahmed, the learned Advocate appearing on behalf of the petitioner, submits that while he was the Director (Finance and Accounts) of the Islamic Foundation a notice to show cause was issued to him containing several charges on the basis of a charge-sheet to ......২/২১১ dated 24‑7‑2003 (Annexure-R). 3. Being aggrieved, the petitioner obtained the present Rule. At the time of issuance of the Rule the operation of the impugned order was stayed for a period of 4(Four) months which was extended from time to time 4. It appears that the copy..Category: Employment/Service Law | Date: 8 Aug, 2004 | Hits: 3
....es of each case but also to guard against any addition and alteration which should not be effected without expert legal opinion.
Execution of any document creating any security keeping space for date and consideration in blank would never be accepted as valid execution of such document.
Ex......ut them. Learned Advocate tried to rely upon some correspondences between the Defendant Company and bank only to prove the claims of the bank. He referred mainly to exhibit 7 series, Exhibit 8, legal notice; and exhibit 9 replies to the legal notice.
34. We have examined said exhibits. We find ...... allowed and The First Appeal No.47 of 1992 is dismissed.
Section 34, the Evidence Act, (I of 1872) 1872
Section 2(8), the 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..
Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4
SM Salim Vs. Chairman, Chittagong Club Ltd. and others, 2005, 34 CLC (AD)
....#8209;Record‑For the Petitioner. Not represented‑The Respondents. Civil Petition for Leave to Appeal Nos. 656 & 657 of 2002. (From the judgment and order dated 3rd and 4th December 2001 passed by the High Court Division in Writ Petition No. 2580 of 2000 ......sions in 25 DLR (SC) 85 and 22 DLR (SC) 284 has resulted in an error of judgment. 6. Admittedly, the petitioner was initially proceeded by issuance of the show cause notice pursuant to an altercation with one Md. Sdaiman Alam of Swimming Pool Committee of the Club ......Abdur Rob Chowdhury, Senior Advocate, instructed by Md Nawab Ali, Advocate‑on‑Record‑For the Petitioner. Not represented‑The Respondents. Civil Petition for Leave to Appeal Nos. 656 & 657 of 2002. (From the judgment and order dated 3rd and 4..Category: Employment/Service Law | Date: 1 Aug, 2004 | Hits: 100
State Vs. Md. Amir Hamza, 2004, 33 CLC (AD)
....Petition for Leave to Appeal No.155 of 2004. Judgment Amirul Kabir Chowdhury J.- The State petitioner in Criminal Revision No. 980 of 2003 seeks leave to appeal against the judgment and order dated 26‑5‑2004 passed by a Division Bench of the High Court Division in the aforesaid Criminal ......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. ......Respondent Judgment July 31, 2004. Result: The leave petition is dismissed. The Code of Criminal Procedure, 1898 (V of 1898), Section 494 To give consent or not for withdrawal of an accused from prosecution is a discretion of the Court. Exercise of such discret..Category: Criminal Law | Date: 31 Jul, 2004 | Hits: 115
Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)
....- For Respondent Nos.1 and 2. First Appeal No.172 of 1999. Judgment Md. Arayesuddin J. - This appeal at the instance of the defendant has been preferred against the judgment and decree dated 15‑4‑1994 passed by the Subordinate Judge and additional Artha Rin Adalat No.2, Dhaka in T......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. ......he appellant on 31‑7‑1968 took lease of the same and constructed building therein by approving plan from the DIT. Defendant wished to purchase another property of more output and to procure money for the same he advertised to sell the suit property and respondent Nos.1 and 2 agreed to purchase t..Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
.... Parties. Civil Revision No. 2040 of 1993. Judgment Abdus Salam Mamun J.-This Rule was issued calling upon the opposite parties to show cause as to why the impugned Judgment and decree dated 27‑7-1993 decree signed on 31‑5‑1993 passed by the learned Additional District Judg......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. ......d a de facto counterpart of ownership. Possession is a right in the de facto relation of continuing exercise and enjoyment 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..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
Chairman, RAJUK Vs. MN Alam and Associates Limited, 2004, 33 CLC (HCD)
....282 of 2003 with Civil Rule No. 551(fm) of 2002. Judgment Md. Abdur Rashid J.- The Chairman, Rajdhani Unnayan Kartripakkha (in short, RAJUK) presented the appeal against the ex parte decree dated 15‑5‑02 passed by Joint District Judge, Court No.5 at Dhaka in Title Suit No.1 of 1999, wh......of work and consultancy fees, on 8‑9‑97 respondent addressed a written statement of claim to the Chairman, RAJUK. Having received no response after repeated representations, the consultant issued notice under clause 12.1 of the contract indicating its intention to refer the disputes to arbitrati......n the circumstances and on the failure of the parties to concur in the appointment of an arbitrator, only course open to a party to the contract was to move the Court under section 8(1)(a) of the Act for appointment of an arbitrator. None of the parties has any right to appoint any arbitrator indepe..Category: Arbitration Law | Date: 27 Jul, 2004 | Hits: 8
MM Ishak Vs. State and another, 2004, 33 CLC (HCD)
....an, the petitioner of Criminal Miscellaneous Case No. 2000/2004 as accused No. 6 on the allegation that her husband MM Ishaq at the ill advice of his relations, the other accused persons on different dates demanded dowry from her, which she paid, that the accused husband used to mentally and physica...... 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. ...... 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 the Petitioner. Abdul Baset Mazumder with Nakib Saiful Islam..Category: Women and Children | Date: 25 Jul, 2004 | Hits: 156
Rajdhani Unnayan Kartipakhya (RAJUK) Vs. Jahanara Begum & others, 2004, 33 CLC (AD)
....cted by Md. Waliul Islam, Advocate‑on‑Record‑For the Petitioner. Not represented‑the Respondents. Civil Petition for leave to Appeal No. 1372 of 2002 (From the Judgment and order dated February 6,2002 passed by the High Court Division in writ Petition No. 3602 of 1999) Jud......udgment and order dated February 6, 2002 of a Division Bench of the High Court Division making the Rules absolute obtained in Writ Petition No. 3602 of 1999. The writ petition was filed impugning the notice dated September 2,1994 published by the RAJUK in the newspaper inviting application from affe...... An affected person shall get allotment of land from RAJUK and RAJUK shall allot land to that affected person whenever such affected person fulfils and satisfies the conditions and the criteria set forth by RAJUK entitling him to have allotment of lands as an affected claimant. Lawyers Involve..Category: Property Law | Date: 21 Jul, 2004 | Hits: 133
Abdul Malek Sawdagar Vs. Md. Mahbubey Alam and others, 2004, 33 CLC (AD)
....e, instructed by Serajur Rahman, Advocate‑on‑Record- For Respondent Nos. 1‑4. Dispensed with‑ Respondent Nos. 5‑ 7. Civil Appeal No. 38 of 2000. (From the judgment and order dated 25th April 1994 passed by the High Court Division in Appeal from Original Decree No. 266 of 19......ond Appeal No. 1192 of 1937 which arose from the decree passed in the Suit No. 929 of 1931 (subsequently re‑numbered as Other Suit No. 8 of 1934) but defendant No. 4, Administrator of Waqfs, issued notice under section 64(1) of the Waqf Ordinance, 1962 and on 30‑6‑86 defendant No. 4 passed ord......dated 25‑4‑1994 passed by the High Court Division in Appeal from Original Decree No. 27 of 1988 allowing the appeal. 2. The plaintiff‑respondent Nos.1‑3 instituted Other Suit No.71 of 1987 for declaration of title to the disputed property and for declaration that order dated 30‑6‑1986..Category: Civil Law | Date: 20 Jul, 2004 | Hits: 160
....For Opposite Party No.1.
Criminal Revision No.714 of 2001.
Judgment
Md. Anwarul Haque J.- This Rule was issued calling upon the opposite party as to why the impugned judgment and order dated 26‑9‑2001 passed by the learned Metropolitan Additional Sessions Judge, 2nd Court, Dhaka i......id from that account by an arrangement made with the bank, such person shall be deemed to have committed an offence. From the scheme of the Act, it is clear that following the dishonour of a cheque a notice is to be issued in writing to the person who has issued the cheque inviting his attention to ......r......................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 u..
Category: Banking Law, Criminal Law | Date: 19 Jul, 2004 | Hits: 3
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