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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. ......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. ......or further declaration that the entire proceeding in certificate case No.17 of 1986 including order of attachment and auction sale of the General Certificate Office at Dhaka were all illegal, without jurisdiction, void and of no legal effect. 3. Plaint case, in short, is that one Dr. Saifuddin ..Category: Others | Date: 15 Aug, 2004 | Hits: 3
Yusuf Chowdhury (Md.) Vs. Administrator of Waqf and others, 2004, 33 CLC (HCD)
....nd of CS plot No.609 appertaining to CS Khatian Nos.208/198 was not waqf is thereby upheld. Send down the LC Record. Ed. This Case is also Reported in: 57 DLR (2005) 738. ......nd of CS plot No.609 appertaining to CS Khatian Nos.208/198 was not waqf is thereby upheld. Send down the LC Record. Ed. This Case is also Reported in: 57 DLR (2005) 738. ...... him can make it waqf in his name. No beneficiary is entitled to superimpose his intention upon that of the waqif. All such records and acts of the beneficiaries shall, therefore, stand to be without jurisdiction and nullity. 25. The decision of the Waqf Administrator that the disputed land was..Category: Trust/Waqf Law | Date: 11 Aug, 2004 | Hits: 1
Jane Alam (Md.) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....003 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 is not allowed to go for fishing on a regular basi......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. ......ably goes to establish that the impugned refusal to grant registration and licence to the aforesaid deep sea fishing trawler is capricious whimsical and arbitrary apart from being illegal and without jurisdiction. 5. No affidavit-in-opposition has been filed by the respondents in this case. ..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)
....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. ......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. ......90 but the same was not accepted. The Bank filed appeal being Title Appeal No.239 of 1990 and the same was dismissed on August 11, 1993. Thereupon the Bank moved the High Court Division in revisional jurisdiction, Civil Revision No. 3277 of 1993 and the Rule was discharged on March 8, 1999. The Bank..Category: Criminal Law | Date: 10 Aug, 2004 | Hits: 84
Ayub Ali Chowdhury Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....he 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 in conducting the enquiry and since the enquiry w........................... 12. The enquiry report does not indicate the presence of the petitioner in the enquiry. Apparently, it appears that the enquiry was conducted absence of the petitioner, that apparently a number of persons were examined by the enquiry committe......nbsp; ..Category: Employment/Service Law | Date: 8 Aug, 2004 | Hits: 3
....500 TV kits per year and by sale of them would have earned yearly profit of Taka 25,00,000 at the rate of Taka 1,000 per TV set and thereby, in six years from 1982 to 1988 would have earned profit in total Taka 1,50,00,000. In account statement Taka 59,13,890.44 only was shown interest and without a......t whoever comes to prove the case of a bank he would invariably depose that he joined the bank after the transactions in question and so, he had no knowledge about any of the transactions. But in the absence of proof of the accounts, the bank cannot hope for a decree in its favour. Statements of acc......n, 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 and the decree for counter‑claim therefore must be held to b..
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. ......nated. The learned counsel further submitted that under the amended provisions of section 25 of the Employment of Labour (standing Orders) Act, 1965, The Labour Court was vested with the powers and jurisdiction to go behind the order of termination to find out if the impugned order was made mala..Category: Employment/Service Law | Date: 1 Aug, 2004 | Hits: 100
Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)
....e in the bainapatra though he did not receive Taka 17,00,000 at the time of its execution. It transpires that appellant on good faith put his signature in the bainapatra though he did not receive the total amount. In such circumstances we can presume that good relationship and belief existed between......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. ......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. ..Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....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. ......erse possession and right, title thereof from 1963 to 1984. Though the ex parte decree was passed on 24‑5-1979 in the Other Class Suit No.100 of 1978 without making the plaintiff a party and in her absence, but still it can be said that the decree was passed on finding his possession. The plaintif......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)
....to an agreement on 14‑12‑95 for conducting survey and preparation of land use plan of Uttara East Area of Gulshan Thana. In the agreement, rate of consultancy was settled as Taka 690 per acre for total area of 7,500 acres. 9. The consultant appears to have addressed to RAJUK a written state......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. ...... the arbitration or after the arbitration proceedings have become invalid under section 35; (c) that an award has been improperly procured or is otherwise invalid. An arbitrator derives his jurisdiction from the arbitration agreement as executed by the parties. He is empowered by the parti..Category: Arbitration Law | Date: 27 Jul, 2004 | Hits: 8
MM Ishak Vs. State and another, 2004, 33 CLC (HCD)
.... 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. ...... 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. ...... 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. ..Category: Women and Children | Date: 25 Jul, 2004 | Hits: 156
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. ......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. ......e plaint. Thus this provision applies when it appears from the statement in the plaint that suit is barred by any law either due to limitation, res‑judicata or barred by law providing ouster of the jurisdiction of the Court. 12. The defendant has alleged that the suit is barred by section 10..Category: Civil Law | Date: 20 Jul, 2004 | Hits: 160
....oney to the payee within 15 days from the receipt of the notice….(20)
The words "refer to drawer" is based on a purely literal interpretation of the provision of section 138. It totally failed to take into account the entire scheme of section 138 read with section 141 of the sa......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.
......t for adjudication in the criminal Court is, whether such eventualities come within the scope of section 138 read with section 141 of the Negotiable Instruments Act or if comes exclusively within the jurisdiction of the civil Court, as argued by the learned Advocate for the petitioner.
13. Now,..
Category: Banking Law, Criminal Law | Date: 19 Jul, 2004 | Hits: 3
M. A. Mazid and another Vs. The Chairman, Chittagong Port Authority and others, 2006, 35 CLC (AD)
....No. 1, sent letter on 13-07-1997 and 14-07-1997 showing dues against the said vessel claimed by the CPA, Karnaphuli Fertilizer Co. Ltd (KAFCO) and Chittagong Urea Fertilizer Ltd (CUFL) and demanded a total sum of Tk. 1,68,00,854.48. Both the orders of the respondent No. 1 (CPA) have been challenged ......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. ......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. ..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. ......ant, therefore, obtained no title by his deed dated 6‑12-79, Exhibit 'Ga'. 31. It was contended on behalf of the defendant-opposite-party that the suit was not maintainable in the absence of any relief for declaring the deeds being 965 and 966 dated 30‑1‑70 void and/or, cance......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. ..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....ed at by the trial Court and the further submission that while interfering with the judgment of the trial 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 pertinen......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. ......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. ..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. ......er, dismissed the petition so filed on the findings that 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 r...... 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)
....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. ......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. ......itle by a competent civil Court treating subsequent suit is not res judicata inasmuch as not only the issue and the, subject-matter are different but the Court is also not, the same and of the same jurisdiction. The learned Counsel has further submitted that though Artha Rin Adalat Suit No. 147 ..Category: Civil Law | Date: 5 Jul, 2004 | Hits: 171
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. ...... 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 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 originates within the jurisdiction of some other court in a ..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. ......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. ......memorandum of appeal for insufficiency of stamp-papers is the only remedying. Revision will therefore, not lie against such order….(21) In an appropriate case, a Court may invoke inherent jurisdiction under section 151 of the Code of Civil Procedure to accept the deficit court fees and a..Category: Civil Law | Date: 29 Jun, 2004 | Hits: 3
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