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....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......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.
..
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......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. ......or a decree of declaration of title in northern 36 decimals out of 76 decimals of land of CS plot No.274 appertaining to CS khatian No.86 fully described in the schedule to the plaint. 3. Plaint case, in short, is that being owner in possession one Gour Hari transferred entire 76 decimals of la......€‘3‑99 the plaintiff Zamini Bala Dasi instituted the suit against Abdul Aziz Miah, predecessor of opposite parties for a decree of declaration of title in northern 36 decimals out of 76 decimals of land of CS plot No.274 appertaining to CS khatian No.86 fully described in the schedule to the plain..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. ......f exchange was executed on behalf of Sudhir Kamal Sen and his co‑shaarers through their constituted attorney Abu Siddique Mazumder (defendant No.7) on 30‑12‑1960. The further case of the plaintiff was that Abu Siddique Mazumder was friendly with the plaintiff from before a......plaintiff from his custody regarding the suit property were by the original plaintiff from his custody. 8. It was the case of the plaintiff that he purchased 10 decimals of land in Jalpaiguri town, India from defendant No. 1 by kabala dated 4-4-1960 Exhibit A (3) and also..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. ......esh Bidhan) Ain, 1995 (the Ain) and sentencing him to death. 4. The condemned prisoner was put on trial to answer the charge under section 10(1) of the Ain. 5. Prosecution case was that informant's (PW 1) daughter Swapna Begum was given in marriage to condemned prisoner,...... 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. ......atement of respondent filed in 1995 in the bank suit making no claim therein for return of the title deed, the Courts below erred in law in holding that the petitioner bank has failed to prove the case of mortgage or execution of Exhibit E memorandum of deposit of title deed and deed of agreemen......Rin Adalat Suit. DW, 1 Mr. Azfar Ahmed, an officer of the Bank and tadbirkar, has deposed in that suit that the plaintiff-respondent No. 1 was not a surety and that defendant No. 4 did not keep the land in question as security for the loan but the instant case was a suit for the declaration, int..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. ...... 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 distant place, the case may be tr...... 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)
....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. ......peal against an order rejecting a 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 a......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)
....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. ......quot;Mr Mohammad Ozair Farooq, the learned Counsel for the petitioner, has submitted with reference to section 48 of the Acquisition and Requisition Ordinance, 1982 that the proceeding in the instant case having been taken pursuant to the Emergency Requisition of Property Act of 1948, the impugned o......ullah reported in 42 DLR (AD) 91 the relevant passage is quoted as under: "It was said in the case that though notice for acquisition under section 5(a) was served in 1962 the land was six years when the value of the land increased to a great extent. Government did not explai..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.......2. The pre-emptor claimed to have inherited the land of khatian No. 450 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 lan......t, 1949 seeking pre-emption in respect of the sale by 5 different kabalas dated 5.9.1988. The claim of pre-emption was made on the assertion that by inheritance the pre-emptor is the co-sharer of the land of lot Nos. 2183 and 2184 of khatian No. 450. 2. The pre-emptor claimed to have inherited the ..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. ......unction 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 however needs urgent attention...... 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
....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.
......efendant No. 1 proposed to refer the matter for Arbitration and Arbitrators were appointed by the parties to the contract. It may be mentioned the venue of the arbitration was in Singapore. It is the case of the plaintiff that from the beginning of the arbitration tire Chairman and the Arbitrator no...... debt at common law which can be enforced by the Courts in Bangladesh as per provision of section 19 of Singapore International Arbitration Act, 1995, alternatively, the award can be registered in England as a judgment and then can be enforced through Courts in Bangladesh making the same Rule of the..
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. ......die Artha Rin Adalat Ain, 1990 are contrary to the petitioner's fundamental right to justice as guaranteed under the Constitution. Even if sections 6 and 7 are found to valid that should not apply in case of an irregular decree which was passed in breach of procedural rules set down in the Ain or in......uilty or made liable by an order of any tribuÂnal unless he has been given fair notice of the proceedings before it makes any order against him. The next case is White Vs. Weston, reported in All England Law Reports (1968)2 All ER 842 and the relevant proposition (per Russell, LJ) as stated in page..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. ......2‑73. The Government assessed the compensation of the land, structures, trees, tank, etc. The respondents received the compensation so assessed on protest. Thereafter, they filed Arbitration case claiming in all Taka 71,84,366. The learned Subordinate Judge (Arbitrator) upon hearing the pa.............Respondents Judgment May 25, 2004. The Land Acquisition Act, 1894 (I of 1894), Sections 3(a), 23 & 24 In assessing compensation for acquired land compensation is to be assessed not only for land simplicitar but also for benefits arising out..Category: Property Law | Date: 25 May, 2004 | Hits: 121
AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)
....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: ......) Gesthat‑57/93/ 49(100) dated 4Â-4‑94 is without lawful authority and of no legal effect and that the appellants are senior in service to respondent Nos. 2‑61. Briefly stated, the appellants' case is that the Public Service Commission issued Advertisement No. IF‑H/82/290 dated 10‑6‑82 ......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. ......One bruise 2" x 1" on right side of the back. Death according to him was due to asphyxia as a result of strangulation which was ante-mortem and homicidal in nature. 5. Prosecution case programmed in First Information Report and unfolded during trial was that discord in respect of......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. ..Category: Criminal Law | Date: 18 May, 2004 | Hits: 3
....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.
......ore taking of evidence if the conditions stipulated in the said provisions are satisfied.
Since from reading of the petition under section 28 dated 31‑8‑2000 and the plaint of the Bankruptcy case, it clearly appears that the respondent-bank satisfied the requirements of sub section 1(ka) of......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.
..
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. ......p; 6. We have heard the learned Advocate of the petitioner and on perusal of the impugned judgment of the High Court Division, We find that the learned Single Judge Meticulously considered the case of both parties in their proper perspective and the learned single Judge held that there are di......di for permanent injunction on the averments, inter alia, that after the death of the CS recorded owner Meher Ali and his sons Kamaruddin, Janab Ali and Chand Miah got one third each of the suit land on amicable partition. It is further stated that the plaintiff became the owner of the suit lan..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)
.... 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. ...... trade mark. On the basis of the said application the matter was reopened by the Registrar and he, by his order dated 11‑6‑1997, asked the applicant respondent for filing papers in support of his case. The respondent filed some affidavits before the Registrar. In the affidavit filed by the respo...... 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
Sunder Ali being dead his heirs A. Hannan & ors. Vs. Md. Serajul I. Sarker & ors., 2004, 33 CLC (AD)
....allowed. The trial Court is directed to proceed with the trial of Title Suit No. 4 of 1995 and to dispose of the same expeditiously. There is no order as to costs. Ed. ...... was also submitted that the decision of the High Court Division in making the Rule absolute was wrong on principle and has also caused miscarriage of justice in the facts and circumstances of the case. 7. It may be mentioned that the High Court Division in holding that the pl......e plaint of the aforementioned Title Suit. 2. Predecessor of the present appellant No. 14 and another filed the aforesaid title suit seeking declaration of title In respect of the land described in the schedule attached to the plaint. 3. In due course the defendants ..Category: Property Law | Date: 27 Apr, 2004 | Hits: 102
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