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Jane Alam (Md.) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....ased the said Trawler from the Bangladesh Navy it was named as Mechanised Fishing Vessel (MFV 66) and after purchase it was renamed as ‘FV Kohinoor‑1'. The petitioner received delivery of possession of the said vessel from the Bangladesh Navy formally on 2‑6‑2003 and after obtaining ......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. ......dance 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. ......t No.4 also by the impugned letter dated 6‑8‑2003 refused to grant licence to the petitioner's Trawler on similar ground. 4. it is also stated that since the Trawler of the petitioner in question is of wooden body it is liable to become totally unfit for deep-sea fishing if the Trawler ..Category: Admiralty Law or Maritime Law | Date: 10 Aug, 2004 | Hits: 4
....rculate the judgment to all banks for guidance.
Parties are directed to bear their own cost.
Send down the records at once.
Ed.
This Case is also Reported in: 57 DLR (2005) 643.
......rculate the judgment to all banks for guidance.
Parties are directed to bear their own cost.
Send down the records at once.
Ed.
This Case is also Reported in: 57 DLR (2005) 643.
...... 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 course of business are no doubt relevant a......s no separate appeal was presented by plaintiff bank against the decree allowing counter‑claim, that decree for counter‑claim must be held to be concluded and binding upon the bank.
23. Main question facing us is, whether learned Subordinate Judge was justified in dismissing both suits and ..
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. ......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. ......tance in the leave petition. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 26. ......rocedure, 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 discretion cannot ordinarily be questioned. Of course, the discretion must be shown to have been exercised judicially. S..Category: Criminal Law | Date: 31 Jul, 2004 | Hits: 115
Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)
....y the same. At this appellant became anxious for the repayment of loan. Then on 21‑8‑1992 plaintiffs' mother came to the residence of the appellant and without paying the rest amount demanded possession of the suit property enquiring when the sale deed would be executed and registered. She t......,00,000. To clear his loans to the relatives, to the House Building Finance Corporation and to purchase another house appellant proposed to sell the suit property which includes a building and vacant land. There was a verbal contract that Taka 13,00,000 more will be paid to the appellant by the end ......ds be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 310. ......ed Subordinate Judge erred in law in passing the impugned judgment and decree. That the learned trial Court failed to consider the written statements of the appellant and erred in law to consider the question of hardship in performing the contract. In view of the provision of section 22(ii) of the S..Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....sion 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 between a person: (a) some actual power over......e, Thakurgaon illegal, void, collusive and not binding upon the plaintiff appellant also declaring the title of the plaintiff in the suit property directing the defendant No.1 to vacate the suit land by demolishing and removing structures and declaring also khas possession of the plaintiff in t......004. Result: The Rule is discharged. Easement Act (V of 1882); Section 60 Possession is the objective realisation of ownership. It is the de facto exercise of a claim to certain property and a de facto counterpart of ownership. Possession is a right in the de facto relation ......the Government in the year 1969 in Case No.19 (Non Agricultural land) of 1969‑1970. The case was heard on 9‑5‑1974 and it was dismissed on the same day on finding that the suit property in question was not Enemy Property. 7. The defendant No.1 of the present suit, Nurul Haque, though..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
Chairman, RAJUK Vs. MN Alam and Associates Limited, 2004, 33 CLC (HCD)
....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. ......nt, MN Alam & Associates Ltd., without jurisdiction and the award given was a in brief, consultant, got work order dated 3‑1‑87 for nullity and learned Subordinate Judge therefore, survey and land use planning of first 1000 acres and then, another work order dated 5‑7‑87 for 1200 acres o......s Case is also Reported in: 57 DLR (2005) 626. ......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
Rajdhani Unnayan KartiÂpakhya (RAJUK) Vs. Jahanara Begum & others, 2004, 33 CLC (AD)
....UK would make allotment to the writ petitioner, otherwise not. The direction of the High Court Division is modified as above. The petition is disposed of. Ed. This Case is also Reported in:...... Judgment July 21, 2004. Result: The decision of the High Court Division was modified. The Constitution of Bangladesh, 1972, Article 102 An affected person shall get allotment of land from RAJUK and RAJUK shall allot land to that affected person whenever such affected person ful...... the High Court Division is modified as above. The petition is disposed of. Ed. This Case is also Reported in:......UK would make allotment to the writ petitioner, otherwise not. The direction of the High Court Division is modified as above. The petition is disposed of. Ed. This Case is also Reported in:..Category: Property Law | Date: 21 Jul, 2004 | Hits: 133
Abdul Malek Sawdagar Vs. Md. Mahbubey Alam and others, 2004, 33 CLC (AD)
....of the defendant No. 1 instituted Other Suit No.929 of 1931 against the said Yakub Seth and plaintiffs grandmother for declaration that the property in suit was waqf property and for recovery of khas possession by evicting Yakub Seth and others. The suit was decreed on contest on 22‑8‑1934 and t......section 64(1) of the Ordinance for eviction of the plaintiffs is illegal and not binding upon the plaintiffs on the averment, inter alia, that one Peer Box Sawdagar was the original owner of the suit land which was inherited by the predecessor of the plaintiffs Yakub Sawdagar by way of purchase on 2...... suit and in accordance with law. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 18. ......re the case of the plaintiff as frivolous and vexatious and the Court is not required to take into consideration the defence set up by the defendant in his written statement or written objection. The question as to whether the plaint is liable to be rejected being barred by law must be apparent from..Category: Civil Law | Date: 20 Jul, 2004 | Hits: 160
....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.
......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.
......er 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.
......iciency of funds in drawer's account to honour the cheque.
(2) the amount of the cheque exceeds the amount arranged to be paid from the account by agreement made with that bank.
18. The question raised for consideration is, as to whether section 138 deals with dishonour of cheque in ot..
Category: Banking Law, Criminal Law | Date: 19 Jul, 2004 | Hits: 3
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
....northern 36 decimals out of 76 decimals of land of CS plot No.274 appertaining to CS khatian No.86 fully described in the schedule to the plaint. 3. Plaint case, in short, is that being owner in possession one Gour Hari transferred entire 76 decimals of land of said plot No.274 to Juthisthir Da......€‘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 CS plot No.274 appertaining to CS khatian No.86 fully described in the schedule to the plain......2005) 774. ......essed on payment of rents. Yet it demanded proof from her that she did not execute and register the deeds when the definite case of the plaintiff is that she did not execute and register the deeds in question. A Court cannot demand from a party to prove a negative fact. 27. Both the Courts belo..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....8209;in‑interest of the respondents, instituted Title Suit No. 80 of 1966 in the Court of Subordinate Judge (now Joint District Judge), Rangpur for establishment of title and recovery of khas possession in the suit property stating, inter alia, that he had some properties in the district o......plaintiff from his custody regarding the suit property were by the original plaintiff from his custody. 8. It was the case of the plaintiff that he purchased 10 decimals of land in Jalpaiguri town, India from defendant No. 1 by kabala dated 4-4-1960 Exhibit A (3) and also......with. The appeal is thus allowed with cost. Ed. ......rial Court the High Court Division failed to notice that the trial Court's judgment was based on totality of the factual findings on the relevant issues of facts that normally crop up as pertinent questions in a case of benami transaction and not a single issue in isolation and also the submissi..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Mukul Vs. State, 2004, 33 CLC (AD)
.... 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. ...... 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. ......be granted for merely reexamination of the same argument, the petition for review is dismissed. Ed. ......of facts, is sustainable on other grounds available on the record then although the error may be apparent on the face of the record, it would not justify a review of the judgment or the finding in question. In other words, the error must not only be apparent, but must also have a material, beari..Category: Criminal Law | Date: 10 Jul, 2004 | Hits: 100
Oriental Bank Ltd. Vs. Rina Alam and another, 2004, 33 CLC (AD)
....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. ......Rin Adalat Suit. DW, 1 Mr. Azfar Ahmed, an officer of the Bank and tadbirkar, has deposed in that suit that the plaintiff-respondent No. 1 was not a surety and that defendant No. 4 did not keep the land in question as security for the loan but the instant case was a suit for the declaration, int......rt Division. This petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 51. ......ding that the decision of the Artha Rin Adalat could not operate as a bar of the present instant suit on the principle of res judicata. The learned Counsel has further submitted that the property in question having already been mortgaged with the bank against the liability of Transbangla. Shippin..Category: Civil Law | Date: 5 Jul, 2004 | Hits: 171
Rajshahi DevelopÂment Authority Vs. Sultan Ahmed, Advocate and others, 2005, 34 CLC (AD)
.... the gap in the matter of assessment of compensation resulting in escalation of the price of the land meanwhile due to acute inflation since the date of requisition and the land still remaining under possession of the respondent but the price at present has increased to a great extent inasmuch as th......ullah reported in 42 DLR (AD) 91 the relevant passage is quoted as under: "It was said in the case that though notice for acquisition under section 5(a) was served in 1962 the land was six years when the value of the land increased to a great extent. Government did not explai......e only. The appeal is dismissed without any order as to costs. Ed. ......alleged to have been requisitioned for the purpose of acquisition under the Emergency Requisition of Property Act as back in 1978 under section 3 thereof but the process of acquisition of the land in question was not completed and, as such, the land was not acquired. Though the local Deputy Commissi..Category: Constitutional Law | Date: 29 Jun, 2004 | Hits: 232
Abdul Mumin alias Tanu Miah Vs. Mahfujur Rahman and othÂers, 2004, 33 CLC (AD)
....a registered instrument of partition and consequent thereÂupon there was no separation of title of the recorded tenants of khatian No. 450 and as by amicable partition title is notseparated but only possession is separated and it being the case of the pre-emptees that there was a amicable part......t, 1949 seeking pre-emption in respect of the sale by 5 different kabalas dated 5.9.1988. The claim of pre-emption was made on the assertion that by inheritance the pre-emptor is the co-sharer of the land of lot Nos. 2183 and 2184 of khatian No. 450. 2. The pre-emptor claimed to have inherited the ......ingly all the appeals are dismissed There is no order as to cost. Ed. This Case is alsoReported in: 1 ADC (2004) 515.......from his 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,..Category: Property Law | Date: 28 Jun, 2004 | Hits: 43
ACI Ltd Vs. Square Pharmaceuticals Ltd. and another, 2004, 33 CLC (HCD)
.... 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. ...... 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. ......rnment of Bangladesh, 1977 BSCR 32; Abdul Jalil Munshi Vs. Abu Bakr Siddique, 35 DLR (AD) 42. Lawyers Involved: Rafique-ul Huq with Anik R Hoque, Advocates- For the Petitioner. Rokanuddin Mahmud with Kazi Zinnat Hoque, Advocates- For the Opposite Parties. Civil Revision No.2091 o......he point and upon a wrong reading of the decision in Abdul Jalil Case found the appeal not maintainable. The decision of the Appellate Division has already set at rest all controversies regarding the question. 11. Impugned order dismissing the appeal therefore, must be struck down. 12. But..Category: Civil Law | Date: 23 Jun, 2004 | Hits: 1
....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.
...... debt at common law which can be enforced by the Courts in Bangladesh as per provision of section 19 of Singapore International Arbitration Act, 1995, alternatively, the award can be registered in England as a judgment and then can be enforced through Courts in Bangladesh making the same Rule of the...... Court Division.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:56 DLR (AD) 166.
...... appellants upon referring to the provision of sections 3(3) and 7 of Act 1 of 2001, hereinafter referred to as the Act, has submitted as the said provisions shall govern the proceeding (the suit) in question and, as such, the order of injunction passed by the trial Court and upheld by the High Cour..
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)
....oss for failure and negligence by the respondent bank. The L/C good were hypothecated in favour of the bank. The respondent bank failed to provide the revolving LTR and therefore was unable to obtain possession of the L/C goods and in the process failed to stop the auction process and avoid the loss......uilty or made liable by an order of any tribuÂnal unless he has been given fair notice of the proceedings before it makes any order against him. The next case is White Vs. Weston, reported in All England Law Reports (1968)2 All ER 842 and the relevant proposition (per Russell, LJ) as stated in page......ischarged with cost. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 57 DLR (2005) 138. ...... Chandpur Jute Suppliers owned by Sekander Khan (since dead), Chandpur and others Vs. Subordinate Judge, Artha Rin Adalat, Chandpur and others, reported in 2 BLC 49 as cited by Mr. Azmalul Hossain on question of validity of sections 6 and 7 of the Artha Rin Adalat Ain, 1990 having regard to the prov..Category: Banking Law | Date: 14 Jun, 2004 | Hits: 310
Govt. of BD rep. by DC Vs. Anwara Huq & ors., 2004, 33 CLC (AD)
....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. .............Respondents Judgment May 25, 2004. The Land Acquisition Act, 1894 (I of 1894), Sections 3(a), 23 & 24 In assessing compensation for acquired land compensation is to be assessed not only for land simplicitar but also for benefits arising out...... the appeal. Accordingly, the appeal is dismissed with costs. Ed. ......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)
....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: ......o. 826 of 1998 shall also stand dismissed without any order as to costs. Ed. This Case is also Reported in: ......ultation with the PSC for the officers recruited on the basis of the regular BCS Examination held in pursuance of advertisement dated 10‑6‑82 thus resolving vide notification dated 1‑3‑88 the question of notional seniority between the appellants batch and the regular batch of 1982. But the q..Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128
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