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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. ......rt of Additional District Judge at Chittagong. By impugned order the learned Additional District Judge held that Waqif Tafazzal Ali Chowdhury did not make the disputed land waqf and said land was not accordingly enlisted in the office of the Waqf Administrator. Upon such, view, he dismissed the appe...... Yusuf Chowdhury (Md.)……………………………………………Petitioner Vs. Administrator of Waqf and others………………………&helli......pplication of said Khurshed Alam the Waqf Administrator illegally cancelled earlier enlistment dated 23-5-93 and said that the disputed land was not enlisted as waqf and such decision cannot stand in law. 16. Mr. Mahmudul Islam challenged the locus standi of Mr. Harun‑ur‑Rashid to argue on ..Category: Trust/Waqf Law | Date: 11 Aug, 2004 | Hits: 1
Jane Alam (Md.) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....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. ...... the aforesaid respondent Nos.4 and 5 by the impugned memos have refused to grant licence and registration on extraneous grounds, that the petitioner failed to submit prior permission or approval for according registration and licence of his aforesaid Trawler from the respondent No.1, Ministry of Fi......t August 10, 2004. Result: The Rule is made absolute. Lawyers Involved: Dr. AKM Ali with AB Showkat Ali, Advocates- For the Petitioner. Zaman Akhter Bulbul, Assistant Attorney-General- For the Respondents. Writ Petition No.5479 of 2003. Judgment Md.......ectively refusing to accord registration and licence to the fishing trawler of the petitioner named ‘FV Kohinoor‑1’ for deep sea fishing should not be declared to have been made without lawful authority and to be of no legal effect and why they should not be directed to grant registrat..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)
....al nature. In the instant case in the background of the case noticed it is not a case of exceptional nature calling for quashment on the ground of delay or in exercise of discretion or for complete justice. ..............(12) Cases Referred to: Md. Shamsuddin vs. State and......ecial Judge to comply with the provision of section 6(5) of the Criminal Law Amendment Act, 1958 and the proviso thereof. The learned Special Judge wrote to the Government on 1‑7‑1990 for according sanction for the prosecution of the respondent No. 1 and in reply thereof the authority on......August 10, 2004. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A Merely on the ground of delay criminal proceeding is not liable to be quashed except in case of exceptional nature. In the instant case in the background of the c......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. ..Category: Criminal Law | Date: 10 Aug, 2004 | Hits: 84
Ayub Ali Chowdhury Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....egulations of the Islamic Foundation Regulations 43, 44, 45 The enquiry committee conducted its enquiry without following provisions of the concerned regulations or the principle of natural justice as stated above obviously this report has got no legal validity. Since it appears that ......nbsp; ......sions of the Service Regulations, specially regulations 43 and 44, and also in violation of the principle of natural justice, the order imposing the penalty of compulsory retirement cannot be allowed to stand…......(14-15) Cases Referred to- 13 DLR (SC) 105; 29 DLR (SC) 232; 52 DLR ......respondent No.4 (Annexure-R) compulsorily retiring the petitioner from the post of Director, Islamic Foundation Bangladesh. Divisional Office, Khulna, should not be declared to have been made without lawful authority and is of no legal effect. 2. It appears that the petitioner joined the Islami..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.
...... must avoid age-old archaic and cryptic wordings, coverage and language. Documents should be short, precise and to the point. It is therefore, not only necessary to select the right type of documents according to the facts and circumstances of each case but also to guard against any addition and alt......VIII 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 at the trial. The bank is obliged to prove such entries But proof of such entries in its books of accounts shall not be sufficient evi......consideration would have no legal effect. When such filling in of said necessary gaps/blanks to make the documents complete is proved such documents would be excluded from consideration by a Court of law.
Cases Referred to-
Sultana Jute Mills Ltd. Vs. Agrani Bank, 46 DLR (AD) 174; Shippin..
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. ......allegation or instance alleged which leads 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. ......p; 25 Section 25 of the Employment of Labour (Standing Order) Act, 1965 bars all or any complaints against the order of termination under section 19 even then the worker is authorised to claim relief available as per the provisions if such worker is terminated due to his trade union......nd order dated 17‑4‑2000. 5. Mr. Abdur Rob Chowdhury, the learned Counsel appearing for the petitioner, submits that the learned Judges of the High Court Division erred in law in not considering that the termination, in fact, was dismissal under the garb of termination, ..Category: Employment/Service Law | Date: 1 Aug, 2004 | Hits: 100
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. ...... alia, that on 16‑2‑2002 his younger brother Amir Shakil (27) and his (Shakil's) companion Sentu (27) were returning from the City of Dhaka and reached Zinzira while the accused Mehbub and others according to pre‑plan gheraoed them and attacked them and fired from the pistol aimed at them as a......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. So judgement and order of the trial court refusing th......l been assigned for withdrawal of the case not to speak of offering any cogent reason and that the trial Court as well as the High Court Division after considering the facts and circumstances and the law on the point passed the impugned judgment. 7. We have considered the submissions made at t..Category: Criminal Law | Date: 31 Jul, 2004 | Hits: 115
Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)
....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. ......and by paying the loan of the House Building Finance Corporation he will execute and register the sale deed within 3 months from the date of obtaining those permissions. But the appellant did not act accordingly. On 20‑6‑1993 plaintiffs went to the house of the appellant and requested him to exe......ip;…………………………….Respondents Judgment July 28, 2004. Result: The Appeal is allowed. Cases Referred to- Latfur Rahman and others Vs. Golam Ahmad Shah and others, 39 DLR (AD) 242; Santosh Kumar Pa...... sale deed within 30 days from the date of the delivery of judgment. 5. Being aggrieved, appellant preferred this appeal on the ground that the impugned judgment and decree is not sustainable in law. That the learned Subordinate Judge failed to consider the bainapatra, (Exhibit 1) and to determ..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. ......joyment, without passing any interest in the property to which it relates, which could be otherwise wrongful. 23. In the instant case, admittedly the property belonged to one Subarna Problia and according to the plaintiff, the property was auction sold and she, together with one Hanuman Das Aga......s Judgment July 27, 2004. 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 ......onal right to be protected against wrongdoers. It confers a qualified right to possess, a right in the nature of property which is valid against everybody who cannot show a prior or better right. The law under such circumstances assists not only the possessor himself but also those who stand in the ..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. ......o set aside the award, the Court shall, after the time for making an application to set aside has expired, or such application having been made, after refusing it, proceed to pronounce judgment according to the award, and upon the judgment so pronounced a decree shall follow, and no appeal sha....................................Respondent Judgment July 27, 2004. Result: The Appeal is allowed and Rule is disposed of. In the circumstances and on the failure of the parties to concur in the appointment of an arbitrator, only course open to a party to the contract was to mo......rbitration Act has made the provisions of the Code of Civil Procedure applicable to all proceedings before the Court and to all appeals under the Act subject however, to the provisions of the Act and law made there to. 22. Section 2(9) of the Code of Civil Procedure defines ‘judgment&rsqu..Category: Arbitration Law | Date: 27 Jul, 2004 | Hits: 8
MM Ishak Vs. State and another, 2004, 33 CLC (HCD)
....le under section 11 (kha) or 11 (kha)/30 of the Ain. Therefore, the proceeding should not be allowed to be continued. It should be quashed to prevent the abuse of process of the Court and for ends of justice. In the result, both the Rules are made absolute. Nari‑o‑Shishu Nirjatan Case No. 750......tions 11(kha)/30 of the Ain. He further submits that at the time of trial taking evidence it will be determined actually what sort of hurt was caused by the accused husband to his informant wife. So, according to him, there is no ground for quashing the proceeding. 7. We have gone through the pol......ules were issued on two separate applications under section 561A of the Code of Criminal Procedure filed by two accused-petitioners, namely, MM Ishak and Abu Raihan, calling upon the opposite parties to show cause as to why the proceedings of Nari‑o-Shishu Nirjatan Case No. 750 of 2003 under sec......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 being disposed o..Category: Women and Children | Date: 25 Jul, 2004 | Hits: 156
Rajdhani Unnayan Kartipakhya (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:...... 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 fulfils and satisfies the conditions and the c......ot to allot plots to the persons who have filed application(s) claiming to be the affected persons being violative of policy decision of the Government and the RAJUK is illegal and not sustainable in law. 6. It was submitted on behalf of the RAJUK that clause in the notification stipulating acce..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. ...... by its order dated 10‑7‑1988 rejected the plaint on the ground that the suit is barred under section 102 of the Waqf Ordinance, 1962 and the same is also barred by res‑judicata. The plaintiffs accordingly moved the High Court Division in appeal and upon hearing the same the appeal was allowed......……Respondents Judgment July 20, 2004. The Waqf Ordinance, 1962 (I of 1962), Sections 64 and 102 The Code of Civil Procedure, 1908(V of 1908), Order VII, Rule 11 What is to be considered in rejecting a plaint? From averment in the plaint itself ground is to be foun......Court Division in appeal and upon hearing the same the appeal was allowed setting aside the order of trial Court rejecting the plaint and directing the trial Court to hear the suit in accordance with law. 5. Leave was granted to consider the submissions for the learned Counsel appearing for th..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.
......ring the evidence on record, the learned Magistrate has found the accused-petitioner guilty of the offence punishable under section 138(1) of the Negotiable Instruments Act, 1881 and awarded sentence accordingly.
6. In appeal, the learned Additional Metropolitan Sessions Judge has also affirmed...... others...........Petitioners
Vs.
Md. Habibullah and another......................Opposite Parties
Judgment
July 19, 2004.
Result:
The Rule is discharged.
According to section 138 of the Act (XXIV of 1881), a cheque drawn by a person for payment of any amount of mo......tisfied. Since all the provisions of those sections are found to have been complied with and the accused petitioner has not also denied the same, I find it needless to discuss all those provisions of law and its compliance again.
16. In fact, in the instant case, the learned Advocate for the pe..
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)
.... bank guarantee furnished by the petitioner are not encashable on allegation of fraud and forgery as the issuing City Bank already refused to pay the money against the security documents, the ends of justice would be met if the petitioner are directed to furnish fresh bank guarantee or deposit the c...... 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 furnish a fre......hnabish, Advocate-on-Record- For the Petitioners. Habibul Islam Bhuiyan, Senior Advocate, instructed by Mahmuda Begum, Advocate-on-Record- Respondents Nos. 1-4. Civil Petition for Leave to Appeal No. 749 of 2004 (From the judgment and order dated 5th January 2004 passed by the High C......dent No. 4 preferring a bill of Tk. 1,68,00854.48 for VAT as charge and sell charges in respect of the delivery of vessel M.V. Blue North (Annexure A) should not be declared to have been made without lawful authority and of no legal effect and why a direction should not be issued to the Chittagong P..Category: Fiscal/Taxation Law | Date: 18 Jul, 2004 | Hits: 109
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
....a temporary injunction in mandatory form, to restore the status quo ante. It further held: “…………this principle is in consonance with fair administration of justice and this power of making an order of mandatory injunction on an interlocutory application ma......eed of sale being No.6959 dated 7‑11-51 said Sulaksman, Sudarshan and Sudhangsu transferred said 36 decimals of the suit land to the plaintiff and delivered possession. SA record of rights was accordingly prepared and finally published in her name and she possessed the suit land on payment of...........Petitioner Vs. Abdul Aziz and others.................................Opposite Parties Judgment July 17, 2004. Result: The Rule is made absolute. Cases Referred to- Hamida Begum Vs. Murad Begum, PLD 1975 SC 624; Abdul Jalil Munshi and another Vs. Abu Bake....... 13. Lastly, he submitted that trial Court having committed no error in restoring the possession to the plaintiff who was dispossessed in the course of the suit and the appellate Court erred in law in directing restitution without deciding the issues. He cited in support, Abdul Jalil Munshi an..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....decision based and the reasons given therefore and those findings and reasoning are required to be set aside with cogent reasons but these well established principles of dispensation of even handed justice have been glaringly violated in the impugned judgment of the High Court Division to the gr......ame with the property of the defendant No. 1 in India and for expediency defendant No. 1made the plaintiff his benamder as he was a man of defendant's confidence and the exchange deed was finalized accordingly and prayer was made for de‑requisition of the property in the name of the plainti......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 reversed the findings of the trial court. Therefore, ......levant 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 submission that the High Court Division erred in law in holding that the learned Subordinate Judge (now Joint District Judge), was not aware of the..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Mukul Vs. State, 2004, 33 CLC (AD)
....ion 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 perpetuated. Cases Referred to- Zulfikar Ali Bhutto vs State...... 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. ...... 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 perpetuated. Cases Referred to- Zulfikar Ali Bh......ust be one which is apparent on the face of the record, that is, it must be so manifest, so clear that no Court could permit such an error to remain on the record. It may be an error of fact or of law, but it must be an error which is self‑evident and floating on the surface, and does not ..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. ...... the reasons as aforesaid, we find no substance in the submissions of the learned Counsel 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. ...... 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 whether the property was the subject‑matter of mortgage arrived at or decided in the previous A......Lines Ltd. and Transbangla Shipping Company of one Shawkat Ali. On 17‑11-1988 both the loans were adjusted. Meanwhile, a loan in the name of Pan Asia Lines was sought for by her brother‑in‑law (Bhasur) Mr. AB Siddiq but the said loan was not materialised. The plaintiff respondent then so..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. ......ate, appearing on behalf of the respondent No. 1 the informant of the case, opposes the appeal submitting inter alia, that it was true that there was no allegation of bias of the learned judge and, according to him that is not the only reason to justify transfer of a criminal case. He has placed......d 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 distant place, the case may be transferred to the former court and contention of prejudice due to hostile press is without substance…&h......unshiganj the case is required to be tried in the jurisdiction of Munshiganj and that no cogent ground having been stated to justify the transfer, the impugned order of transfer has caused error of law. 4. Mr. TH Khan learned Senior Advocate, appearing on behalf of the responde..Category: Criminal Law | Date: 30 Jun, 2004 | Hits: 80
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