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Abdul Malek Sawdagar Vs. Md. Mahbubey Alam and others, 2004, 33 CLC (AD)
....enge of the decision by way of an appeal before the District Judge and any order by the District Judge is appealable to the High Court Division whose decision shall be final. 15. In the instant facts of the case though the previous suit being Title Suit No. 990 of 1931 was for declaration that......il) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Abdul Malek Sawdagar……………….........Appellant Vs. Md. Mahbubey Alam and others…………Respondents Judgment July 20, 2004. The Waqf Ordinance, 1962 ...... in the disposal of the appeal aforesaid shall have no bearing in the matter of disposal of the suit or appeal by the Courts 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 D..Category: Civil Law | Date: 20 Jul, 2004 | Hits: 160
.... convicted accused petitioner Late Khalilur Rahman have impleaded themselves as petitioner because such fine is to be realised from the deceased's estate, now vested to them.
8. Taking these facts and circumstances into account, Mr. Khan Saifur Rahman, the learned Advocate appearing on beha...... 57 DLR (2005) 603.
......00 along with the note of objection of the banker "Refer to the drawer" Exhibits 3 & 3(1) in refusing to encash such an amount mentioned in the cheque Exhibit 2.
5. Considering the evidence on record, the learned Magistrate has found the accused-petitioner guilty of the offence pu..
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)
....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. ......titioners and the City Bank as to the genuineness of the bank guarantees furnished by the petitioner is not possible to be settled in the present form as it requires adjudication of factual aspect by evidence and accordingly, while discharging the rule High Court Division directed the petitioner to ..Category: Fiscal/Taxation Law | Date: 18 Jul, 2004 | Hits: 109
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
....held void by the Court because of fraud need not be cancelled and that the direction for amending the plaint for the purpose of cancellation of the document is unnecessary." 43. In the facts of the case and the evidence, oral and documentary, on record, learned District Judge missed t...... (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......th plaintiff and defendant examined five witnesses each. Documents produced by the plaintiff were marked Exhibits 1 to 6 while those of the defendants marked as Exhibit 'Ka’. 7. On the evidence oral and documentary on record, the trial Court held that the sale deeds being No.965 and 9..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....is directed against the judgment and decree dated 18-4‑2000 passed by a Division Bench of the High Court Division in First Appeal No 92 of 1971 allowing the appeal. 2. Short facts are that, one Abdus Salam Chowdhury, the predecessor‑in‑interest of the responden...... 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...... 1908), Order XLI, rule 31 When a finding of the trial court can be reversed by the Appellate Court? High Court Division as the final court of fact without considering the evidence and materials on record and without adverting to the reasoning given by the trial court r..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Mukul Vs. State, 2004, 33 CLC (AD)
.... 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 particular case; or that erroneous inferences have been drawn as a result of appraisa......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......resulting from strangulation by manual pressure on the neck and upper part of the chest which was ante‑mortem and homicidal in nature. 8. The trial Court on consideration of the evidence held the condemned prisoner guilty of the offence under section 10(1) of the Ain and sente..Category: Criminal Law | Date: 10 Jul, 2004 | Hits: 100
Oriental Bank Ltd. Vs. Rina Alam and another, 2004, 33 CLC (AD)
....t-matter. The nature of the former proceeding is immaterial. 12. We do not dispute the proposition of law propounded in the said decision, rather the same has a persuasive force on us but in the facts and circumstances of the case the matter in issue was not at all in controversy in the previ......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. ...... issue was not at all in controversy in the previous suit and that the same was not litigated upon or any decision arrived at by the Artha Rin Adalat and, as such, the issue that has been decided on evidence in the instant suit could not operate as res judicata as no such issue was framed as to whe..Category: Civil Law | Date: 5 Jul, 2004 | Hits: 171
Roquib Mohammad Fakrul alias Rocky Vs. Md. Abdul Kashem & ors., 2004, 33 CLC (AD)
....ll are residents of Dhaka and, therefore, for convenience of the parties including the witnesses bonafide prayer for transfer of the case was made and the High Court Division after considering the facts and circumstances and the law allowed the prayer and, as such, the appeal is liable to be dis...... Judgment June 30, 2004. 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 or...... 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. ..Category: Criminal Law | Date: 30 Jun, 2004 | Hits: 80
Hafez Abdus Salam Vs. Syed Fazlul Quader and another, 2004, 33 CLC (HCD)
....‘2003 passed by the District Judge at Chittagong in Miscellaneous Case No.27 of 2003, which dismissed the case as not maintainable. 2. Short facts for disposal of the appeal are that respondent No.1 as plaintiff instituted Other Suit No.42 o...... 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 DevelopÂment Authority Vs. Sultan Ahmed, Advocate and others, 2005, 34 CLC (AD)
....as has been illegally ordered by the High Court Division. The learned Counsel has further submitted that the decision referred to by the respondent reported in 42 DLR (AD) 91 is not applicable in the facts and circumstances of the present case in view of the due service of notice of such requisition...... 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
Abdul Mumin alias Tanu Miah Vs. Mahfujur Rahman and othÂers, 2004, 33 CLC (AD)
....the light of the amicable partition the pre-empor go this share recorded in khatian No. 450/2, that the ratio decidendi of the decision reported in 35 DLR (AD) 338 has no manner of application in the facts and circumstances of the instant case. 8. The learned Counsel for the Respondent No.1 submitt......ngladesh Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Abdul Mumin alias Tanu Miah.......... Appellant (In all the appeals) Vs. Mahfujur Rahman and othÂers................ Respondents (In Civil Appeal No. 85 of 1998) Pervejur Rahman and othÂ......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...Category: Property Law | Date: 28 Jun, 2004 | Hits: 43
ACI Ltd Vs. Square Pharmaceuticals Ltd. and another, 2004, 33 CLC (HCD)
.... of the order of ad-interim injunction by us would definitely have serious impact on hearing of the application for temporary injunction which is still pending before the trial Court. 13. In the facts and circumstances of the case hearing and disposal of the application for temporary injunction......evisional Jurisdiction) Present: Md. Abdur Rashid J SAB Mahmudul Huq J ACI Ltd..........................................Petitioner Vs. Square Pharmaceuticals Ltd. and another.........Opposite Parties Judgment June 23, 2004 Result: The Rule i...... 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. ..Category: Civil Law | Date: 23 Jun, 2004 | Hits: 1
.... clause, inasmuch as the question involved is not the maintainability of the suit, but whether the arbitration proceeding, which covers the subject matter of the suit should be retained or not in the facts and circumstances of the case.
VI. For that the High Court D......s Case is also Reported in:56 DLR (AD) 166.
......lace its document in support of its case, that the plaintiff called Project Manager of the defendant No. 1 as witness but the defendant No. 1 created a situation so that he could not dare to give his evidence, that plaintiff prayed for time to examine the documents for the purpose of giving undertak..
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)
....d 12‑6‑02 passed in Mortgage Suit No.26 of 2001 (Annexure‑F to the petition) should not be declared to have been passed or made without any lawful authority and is of no legal effect. 2. The facts as stated in the petition briefly, are that the petitioner is the proprietor of Messrs Jamil T...... 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: ......ut having produced sufficient materials before the Court to justify the claim and in case of realisation of money by the bank or by any financial institution the claim has to be proved by documentary evidence and even in case of ex part decree the Court has to be satisfied on the materials submitted..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. ......uhul Amin J MM Ruhul Amin J Md. Tafazzal Islam J Government of Bangladesh, represented by Deputy Commissioner…….Appellant Vs. Anwara Huq and ors .........................Respondents Judgment May 25, 2004. ......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)
....nd, as such, it was not applicable to the appellants and the respondents who were appointed earlier in 1983 and 1984 and the learned Administrative Appellate Tribunal failed to appreciate the special facts and circumstances in which the respondents were offered appointments in 1984 long after the ap......zzul Islam J MA Aziz J Amirul Kabir Chowdhury J AHM Mustain Billah & others…………. Petitioners Vs. Bangladesh represented by the Secretary, Ministry of EstablishÂment and others ...........Respondents Judgment May 23, 2004. The Constitution of Bangladesh......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: ..Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128
State Vs. Md. Delwar Hossain Faraji, 2004, 33 CLC (HCD)
....lice, Dhaka. iv. Superintendent of Police, Pirojpur. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 264. ......Lawyer- For the Convict. Death Reference No.39 of 2001. Judgment AK Badrul Huq J.-This criminal proceeding by way of Death Reference is another epitome of doing to death of wife by husband where wife Hasi Begum became victim at the altar of lewdness of her husband Md. Delwar Hossain F......case there is no eye‑witness of murder of wife Hasi Begum. Having regard to the manner, place and time of occurrence it was difficult on the part of prosecution to produce in witness box any ocular evidence for the commission of murder. It is to be remembered that a crime to be proved it is not ne..Category: Criminal Law | Date: 18 May, 2004 | Hits: 3
....e Court of Bankruptcy and Additional District Judge (respondent No.1), Chittagong, should not be declared to have been initiated without any lawful authority and to be of no legal effect.
2. The facts of the case, in brief, are that Bangladesh Shilpa Bank, the respondent No.2, filed a bankruptc......7 DLR (2005) 716.
......e Bankruptcy Act 1997 (Act X of 1997) is a special law, was enacted in order to make provisions relating to bankruptcy.
Section 28 empowers the court to dismiss the plaint even before taking of evidence if the conditions stipulated in the said provisions are satisfied.
Since from reading ..
Category: Banking Law, Corporate Law | Date: 10 May, 2004 | Hits: 9
Sultan Miah (Md) Vs. Kazi Abu Siddique and others, 2005, 34 CLC (AD)
....directed against the judgment and order dated 7‑8‑2002 passed by a Single Bench of the High Court Division in Civil Revision No. 4619 of 1997 making the Rule absolute. 2. The facts, leading to this petition, are that the leave‑petitioner as plaintiff instituted Title S......azlul Karim J MA Aziz J Amirul Kabir Chowdhury J Sultan Miah (Md)…………………....Petitioner Vs. Kazi Abu Siddique and others .............Respondents Judgment May 8, 2004. ......he judgments of the Courts below as well as the impugned judgment of the High Court Division, contended, that the learned Single Judge of the High Court Division mis‑appreciated and misread the evidence of the witnesses and came to a wrong finding making the Rule absolute which resulted in an ..Category: Civil Law | Date: 8 May, 2004 | Hits: 825
Asadul Hoque, Trading as Samrat Shoe Vs. Registrar of Trade Marks & another, 2004, 33 CLC (HCD)
....ark No.27185 in Class‑25 cancelling his earlier order dated 29‑4-1993 passed on an application filed by the appellant on 31‑3‑1993 in TM 24 and dated 6‑4‑1993 in TM 38. 2. Short facts, necessary, for the disposal of this appeal are that respondent No.2 got registration of a tra......the subsequent proprietor of registered trade mark No.27185 in Class‑25 cancelling his earlier order dated 29‑4-1993 passed on an application filed by the appellant on 31‑3‑1993 in TM 24 and dated 6‑4‑1993 in TM 38. 2. Short facts, necessary, for the disposal of this appeal are...... observations made hereinbefore. The impugned order passed by the Registrar of Trade Marks is set aside. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 565. ..Category: Others | Date: 5 May, 2004 | Hits: 4
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