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Shamsul Haque (Md) Vs. Amina Khatun and others, 2004, 33 CLC (AD)
....s been miscarriage of circumstances and this requires interference by us. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 23.......ivision was not required to give any finding in this respect in the absence of any specific averment to the contrary.................(15) The High Court Division was not justified in sending the case on remand to the trial court on the plea of waiver......................(18) Cases Refer..Category: Civil Law | Date: 31 Aug, 2004 | Hits: 156
Bangladesh Jute Corporation Vs. AB Jute Ltd, 2004, 33 CLC (HCD)
.... Awards dated 2‑5‑95 and 24‑6‑96 are accordingly set aside. Send down the records. Ed. This Case is also Reported in: 57 DLR (2005) 663. ......Then, the appellant on payment of ad-valorem court fees got the appeal registered as FA No.356 of 03 purportedly under section 17 of the Arbitration Act, 1940, in brief, the Act. 3. Facts of the case, in short, is that respondent Messrs AB Jute Limited, briefly, the company, entered into a cont..Category: Arbitration Law | Date: 18 Aug, 2004 | Hits: 8
.... dispose of the application of the petitioner for manufacturing tent at Chittagong EPZ within 2(two) months of receipt of this order.
Ed.
This Case is also Reported in: 57 DLR (2005) 631.
......enefits of the State and State largesse are regulated by the Government through Rules, Regulations and Laws and that it is to be granted by the State at its own discretion and time and in the instant case the petitioner's application for licence is still under consideration and accordingly, subm..
Category: Business or Commercial Law | Date: 17 Aug, 2004 | Hits: 2
Ashraful Alam Vs. Md. Moniruddin and ors, 2004, 33 CLC (HCD)
....gment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 260. ......wner. Mere possession for a long time does not result in converting permissive possession into adverse possession. Cf: Thakur Kishan Singh (dead) Vs. Arvind Kumar; 1994(6) SCC 591. Here, in this case, possession of the plaintiffs in the suit shops cannot be termed as adverse....(34 & 35) ..Category: Property Law | Date: 17 Aug, 2004 | Hits: 2
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. ......ka and three others for declaration of title in the suit land with building thereon fully described in the schedule to the plaint and for 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 ..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. ......eous Appeal No.127 of 1997 under sections 35 and 50 of the Waqf Ordinance 1962 (Ordinance No.1 of 62) before the District Judge at Chittagong against the Waqf Administrator and 41 others. 8. The case of said Md. Yusuf Choudhury and Motahar Hossain Choudhury, in short, is that said land of CS pl..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. ......foresaid 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. 6. We have heard the learned Advocate Dr. AKM Ali appearing with Mr. AB Shawkat Ali for t..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. ...... 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 case noticed it is not a c..Category: Criminal Law | Date: 10 Aug, 2004 | Hits: 84
Ayub Ali Chowdhury Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....etition al arises. But since apparently, the enquiry committee was constituted in violation of the provisions of Service Regulations and since the enquiry itself conducted illegally which cuts to the root of disciplinary proceedings against the petitioner, do not think that failure to file an appeal......ce Regulations of the Islamic Foundation. He submits that although regulation 43(3) of the Regulations provided for formation of an enquiry committee with the officials of the Foundation but, in this case Enquiry Committee was composed of one of the members of the Board of Governors of the Islamic F..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.
......mately, to a decree against him. The bank must adduce independent evidence in corroboration thereof.
Documentation is one of the most important parts of the lending operation of a bank.
In case of need the realisation of bank dues depends to a large extent upon the precision and completen..
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. ...... 3386 of 2000 by a Division Bench of the High Court Division making the Rules absolute. 2. The writ‑petitioner in Writ Petition No.3386 of 2000 as the first party filed complaint case No. 19 of 1999 against the opposite party respondent Nos. 1‑2 (Writ Petition No.258..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. ......rt that the accused Hazi Riazuddin alias Moni had dispute with deceased Amir Shakil regarding lease of cattle market and Zinzira Kacha Bazar and having long standing enmity he planned the murder. The case was investigated by the police and a police report (charge‑sheet) dated 30‑11‑2002 was su..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. ......dant No.1 contested the suit by filing a written statement in which he alleged that the suit is not maintainable in its present form and it is barred by waiver, estoppel and acquiescence. The defence case, in brief, is that on 19‑3‑1992 this appellant agreed to sell the suit property at Taka 69,..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. ...... means, in essence, possession or enjoyment, without passing any interest in the property to which it relates, which could be otherwise wrongful…….(22) Adverse Possession In a case of acquiring title by adverse possession, the possessor has to remain in an uninterrupted posse..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. ......Taka 1, 88, 76,889.00. In support, Janab Md. Asalat Zaman Vs. Government of Bangladesh, 8 MLR (AD) 233 and BADC Vs. Quality Associated Limited, 46 DLR (AD) 97 were cited. 8. As stated above, the case of the consultant is that it completed the works vide work orders dated 3‑1‑87 and 5‑7‑..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. ......Advocates ‑ For the Petitioner (In Criminal Miscellaneous No. 2000 of 2004) No one ‑ For the Opposite Party. Criminal Miscellaneous Case No. 426 of 2004 with Criminal Miscellaneous Ccase No. 2000 of 2004. Judgment AKM Fazlur Rahman J. - These two Rules were issued on two sepa..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:......tion zone reserving the right to accept or reject the application. The writ petition was heard along with 4 other writ petitions and the writ petitions we disposed of by a common judgment. 2. The case of the writ-petitioner is that he has acquired land in Mouza Badda by purchase in the year 1994..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. ......the Waqf Ordinance and that the dispute regarding nature and character of the property as waqf is to be determined under the provision of section 50 of the Waqf Ordinance but in the given fact of the case as detailed in the plaint that the predecessor of the defendants themselves filed a suit for de..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.
......VII in the Negotiable Instruments Act, 1881. Moreover, from the heading of the section it becomes also clear that the legislature never intended to dishonour the cheques to be made punishable only in case of insufficiency of fund or exceeds the amount arranged to be paid since the word "etc&quo..
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. ......and do not tally with the petitioner's bank guarantees and thus fake bank guarantees were obtained in collusion with two bank officers of Agrabad Branch and criminal case has already been started against them and respondent has already filed an affidavit-in-oppositi..Category: Fiscal/Taxation Law | Date: 18 Jul, 2004 | Hits: 109
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