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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. ......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. ......l 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, which made the award dated 19‑9‑98 Rule of the Court. 2. Short facts giving rise to the appeal are contended that whole arbitration proceeding was that, the respon..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. ......ter referred as the Ain) pending in Nari‑o‑Shishu Nirjatan Daman Tribunal No. 4, Dhaka (hereinafter referred as the Tribunal) shall not be quashed. As the subject matter of both the Rules and the questions of law and facts involved therein are same, the Rules have been heard together and are bei......in) pending in Nari‑o‑Shishu Nirjatan Daman Tribunal No. 4, Dhaka (hereinafter referred as the Tribunal) shall not be quashed. As the subject matter of both the Rules and the questions of law and facts involved therein are same, the Rules have been heard together and are being disposed of by thi..Category: Women and Children | Date: 25 Jul, 2004 | Hits: 156
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:......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:......petitioner even if the writ‑petitioner does not fulfil the conditions/criteria for having allotment of the land as affected person. The learned Counsel further submits that in the background of the facts and circumstances of the writ petitioner's case the order of the High Court Division directing..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. ......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......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..Category: Civil Law | Date: 20 Jul, 2004 | Hits: 160
....drawer of the cheque to make payment of the said amount of money to the payee within 15 days from the receipt of the said notice which has been marked here as Exhibit 5.
21. The following quoted identical views are also found in decision of a case Dada Silk Mill Vs. Indian Overseas Bank reporte......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...... 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..
Category: Banking Law, Criminal Law | Date: 19 Jul, 2004 | Hits: 3
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. ......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......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..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. ......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......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..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. ......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...... 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..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. ......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......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..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. ......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..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. ...... Vs. Tofazzal Hossain and another, 50 DLR 487 and District Primary Education Officer Vs. Joynal Abedin others, 40 DLR 328. 12. The above facts do not admit of any controversy but raise some fine questions of law. Section 6(2) of the Court Fees Act, 1870 reads as follow: “Notwith......‘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..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. ......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......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..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.......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,......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..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. ......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...... 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..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.
...... 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...... 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..
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. ...... 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......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..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. ......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. ......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)
.... were amended by adding sub‑rule (g) to rule 3 providing that the candidates appointed through earlier advertisement shall rank senior to those appointed through a subsequent advertisement although identical provision was already there in the General Principles of Seniority as contained in Establi......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......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..Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128
....he Bankruptcy Court is directed to dispose of the bankruptcy case expeditiously.
The order of stay granted earlier by this Court
Ed.
This Case is also Reported in: 57 DLR (2005) 716.
......law. This Act was enacted in order to make provisions relating to bankruptcy. The Bankruptcy Courts are established under section 4 of the Act. Section 5 vests the Court with all powers to decide all questions of title and priority, whether of law or fact.
11. Under section 6, the Court has got......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..
Category: Banking Law, Corporate Law | Date: 10 May, 2004 | Hits: 9
Sultan Miah (Md) Vs. Kazi Abu Siddique and others, 2005, 34 CLC (AD)
....ned. Judgment of the, High Court Division causing failure of justice in making the Rule absolute. Therefore, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......ned. Judgment of the, High Court Division causing failure of justice in making the Rule absolute. Therefore, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......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..Category: Civil Law | Date: 8 May, 2004 | Hits: 825
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