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Ayub Ali Chowdhury Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....nbsp; ...... allegations were examined in his presence with the right to cross-examine them or he was allowed to cite his own witnesses in his defence in violation of the Service Regulations itself. In that view of the matter, Mr. submits that there was a total failure of the principles of natural justice ..Category: Employment/Service Law | Date: 8 Aug, 2004 | Hits: 3
....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.
......€‘92. On behalf of such plaintiff bank, Mr. Syed Shahid Hossain, learned Advocate, submitted that the suit of the bank was tried under the Artha Rin Adalat Act, 1990 as an 'Artha' suit and in view of section 5(4) of said Act such Artha Rin Adalat had no jurisdiction to allow counter‑claim ..
Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4
SM Salim Vs. Chairman, Chittagong Club Ltd. and others, 2005, 34 CLC (AD)
....eads to support the allegation of the first party that the termination was, in fact, a victimisation for his trade union activities. These petitions are accordingly dismissed. Ed. ......eads to support the allegation of the first party that the termination was, in fact, a victimisation for his trade union activities. These petitions are accordingly dismissed. Ed. ..Category: Employment/Service Law | Date: 1 Aug, 2004 | Hits: 100
State Vs. Md. Amir Hamza, 2004, 33 CLC (AD)
....and, in fact, is required to consider the facts and circumÂstances of the case, but in the instant case neither the trial Court nor the High Court Division considered this aspect and thus came to an erroneous decision. 4. He further submits that the learned Judge of the Tribunal failed to con...... of the learned Tribunal Judge refusing to give consent to withdraw the accused from prosecution cannot be found fault with nor there is any error in the judgment of the High Court Division. In view of the discussion made above we do not find any substance in the leave petition. The leave..Category: Criminal Law | Date: 31 Jul, 2004 | Hits: 115
Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)
....nt of Taka 13,00,000. So the learned Advocate for the defendant appellant submits that the agreement made between the appellant and the father of the plaintiffs is not enforceable and the trial Court erroneously decreed the suit. He has forcefully argued that in this circumstances compensation is th......mine the rights and obligations thereunder. That the bainapatra was not executed in between the plaintiffs and the appellant and there was no power of attorney to execute the same on their behalf. In view of the provisions of section 27 of the Specific Relief Act plaintiffs not being party to the ag..Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....operty his claim of adverse possession stood relinquished and, as such, the limitation of more than 12 years has been completed. The findings of the learned trial Court on the point of limitation was erroneous. The defendant No.1 has not acquired any title by adverse possession and he is liable to e......nd even prior to it by virtue of her litigations with Hanuman Das on the point of share and possession and the defendant is claiming his wrongful possession based without any ante‑dated deed and in view of the above decisions, the title holder shall have the priority. 28. Upendra Nath Das, th..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. ....... An arbitrator derives his jurisdiction from the arbitration agreement as executed by the parties. He is empowered by the parties to decide only those disputes which are referred to him. 27. In view of the arbitration agreement and the provision of the Act, very appointment of Professor Dr. Go..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:......is of purchase in 1994 is not legally tenable. 5. It was the contention of the writ‑petitioner that as his vendor was the owner of the land acquired by starting different LA cases, the RAJUK in view of the policy decision of the Government was required to make allotment of residential plot to ..Category: Property Law | Date: 21 Jul, 2004 | Hits: 133
Abdul Malek Sawdagar Vs. Md. Mahbubey Alam and others, 2004, 33 CLC (AD)
....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. ......rator of Waqfs, issued notice under section 64(1) of the Waqf Ordinance, 1962 and on 30‑6‑86 defendant No. 4 passed order for eviction of the plaintiffs. The plaintiffs filed an application for review of the order which was rejected on 11‑6‑87 by defendant No. 4 leading to the institution of..Category: Civil Law | Date: 20 Jul, 2004 | Hits: 160
M. A. Mazid and another Vs. The Chairman, Chittagong Port Authority and others, 2006, 35 CLC (AD)
....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. ......el and navigation within the Port area under Article (sic) 9 and determine scale of such charges under Article (sic) 19 of the Ordinance of 1976. So Article 83 of the Constitution creates not bar -in view of the fact that the Chittagong Port Authority derives power from the legislation itself."..Category: Fiscal/Taxation Law | Date: 18 Jul, 2004 | Hits: 109
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
....long possessed the suit land and was then dispossessed there from by the defendant. 26. Appellate Court at the outset wrongly approached the suit from a standpoint not sanctioned by law. He most erroneously placed the onus on the plaintiff to prove every fact including the fact that she did not......false personification and that the defendant dispossessed the plaintiff during the course of the suit and the defendant acquired no title by purchase from said Golap Banu and Jainal Abedin. Upon such view, the trial Court decreed the suit declaring title of the plaintiff in the suit land and directe..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....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. ......Abu Siddique Majumder respectively constituted attorneys, of the plaintiff in respect of the disputed property and DWs 3, 6, 8, 9 in their evidence supported the case of defendant No. 1 and, in our view, their evidences, especially the evidence of DW 3, were rightly taken into consideration by t..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Mukul Vs. State, 2004, 33 CLC (AD)
....ror which is self‑evident and floating on the surface, and does not require any elaborate discussion or process of ratiocination. The contention that the exposition of the law is incorrect or erroneous, or that the Court has gone wrong in the application of the law to the facts of the part...... Judgment July 10, 2004. The Supreme Court of Bangladesh (Appellate Division) 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&r..Category: Criminal Law | Date: 10 Jul, 2004 | Hits: 100
Roquib Mohammad Fakrul alias Rocky Vs. Md. Abdul Kashem & ors., 2004, 33 CLC (AD)
.... 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. ...... if the case is tried at Dhaka the accused shall be prejudiced due to hostile press appears to us to be without substance. We have perused the impugned judgment and order and in view of the discussions made above we do not find any error of law in the said judgment. For the re..Category: Criminal Law | Date: 30 Jun, 2004 | Hits: 80
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. ....... 6. On hearing the application, learned District judge found the case barred by limitation and also not maintainable since the order rejecting the memorandum of appeal was appealable. Upon such view, he dismissed the case by impugned order. 7. Against the impugned order, the appellant fir..Category: Civil Law | Date: 29 Jun, 2004 | Hits: 3
Rajshahi DevelopÂment Authority Vs. Sultan Ahmed, Advocate and others, 2005, 34 CLC (AD)
....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. ......y at the present market rate in the provision of Order 11 of done without lawful authority." Mr. Sultan Ahmed, the learned Advocate appearing in person has, however, submitted that in view of proximity of period of requisition and acquisition the writ‑petitioner is entitled to ..Category: Constitutional Law | Date: 29 Jun, 2004 | Hits: 232
Abdul Mumin alias Tanu Miah Vs. Mahfujur Rahman and othÂers, 2004, 33 CLC (AD)
....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.......sed upon reversing the judgment of the trial Court without adverting to the specific finding of the trial Court to the effect that the appellant retained his status as a co-sharer in the case land in view of inheritance through his uncle despite the separation of the jama as alleged, that there havi..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. ......ppeal shall lie against an order under rule 1 or 2 of Order XXXIX of the Code. Any order passed under rule 1 or 2 of Order XXXIX of the Code upon an application for temporary injunction shall, in our view, include an order of ad interim injunction until final disposal of such application Simple reas..Category: Civil Law | Date: 23 Jun, 2004 | Hits: 1
.... matter for consideration and adjudication and, as such, order of temporary injunction passed by the trial Court upon taking said matter into consideration and affirmed by the High Court Division was erroneous one, that there is no contemplation in the Act for staying arbitration proceeding after co......man and the Arbitrator 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 defe..
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)
.... view, not maintainable. The Rule is accordingly, discharged with cost. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 57 DLR (2005) 138. ......urt has to be satisfied on the materials submitted before it in awarding a money decree or decree for realisation of money. The legislature, for realisation of money from the defaulter and keeping in view the conduct of the defaulting parties, enacted this provision for depositing 50% of the decreta..Category: Banking Law | Date: 14 Jun, 2004 | Hits: 310
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