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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..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..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,..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..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..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..Category: Civil Law | Date: 29 Jun, 2004 | Hits: 3
Rajshahi Development 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..Category: Constitutional Law | Date: 29 Jun, 2004 | Hits: 232
Abdul Mumin alias Tanu Miah Vs. Mahfujur Rahman and others, 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..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..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..
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..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..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 4-4‑94 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 ..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..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..
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..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..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..Category: Property Law | Date: 27 Apr, 2004 | Hits: 102
Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)
....e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ......4 of 1988 allowing the same, respectively. 2. Pre-emption was sought under Section 96 of the State Acquisition and Tenancy Act in respect of 38 1/2 decimals of land in each of the Miscellaneous cases. The land sought to be pre-empted was transferred by two kabalas dated June 25, 1988 3. The l..Category: Property Law | Date: 25 Apr, 2004 | Hits: 42
Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)
.... above of the High Court Division not being sustainable in law is hereby set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: ......ily rejecting the writ petition without issuance of any Rule the order of stay not being in aid and ancillary to the main relief was illegal exercise of jurisdiction and referred to a decision in the case of State of Orissa vs. Modan Gopal Rungta reported in AIR 1952 SC 12. 5. The short fac..Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175
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