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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. ......io'. The plaintiffs were the owner of 'Ananda Studio'. 17. Ashraful Alam, son of defendant No.12, Shahidur Rahman, examined him as D.W.1, He deposed on behalf of his father by giving power of attorney. In support of his case, he said that they acquired title of the suit land includi................Appellant Vs. Md. Moniruddin and ors..........................Respondents Judgment August 17, 2004. Result: The Appeal is allowed. A permissive possession to become adverse must be established by cogent and convincing evidence to show hostile animus and p......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. ..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. ......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. .............................Appellant Vs. Deputy Commissioner, Dhaka and others........Respondents Judgment August 15, 2004. Result: The Appeal is allowed. Case Referred to- Nasrin Kader Siddique Vs. Bangladesh and others, 44 DLR (AD) 16. Lawyers Involved: ......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. ..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. ......ntioned to be as plot No.460 appertaining to Khatian No.449 from the waqf Administrator. The land was although recorded as waqf from RS record of rights in1928 up to the Bangladesh settlement. In the power of Attorney given by other relations appointing Khurshed Alam Attorney very land was mentioned...... Yusuf Chowdhury (Md.)……………………………………………Petitioner Vs. Administrator of Waqf and others………………………&helli......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. ..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. ......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. ......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.......titioner 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 registration and licence to the said fishing trawler of the petitioner for catching white fish..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. ......oceed with the Special Case No. 12 of 1985 by the learned Divisional Special Judge" and that as there is no sanction for the prosecution of the Respondent No. 1 the Court of Special Judge has no power to proceed with the special case and the sanction being absent the learned Divisional Special ......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......on misconception of fact as stated hereinbefore and that also in the background of de‑nationalisation of the Bank by the gazette notification dated April 6, 1987. 9. Leave is granted to consider the submission that there is nothing in the words used in section 6(5) of the Cr..Category: Criminal Law | Date: 10 Aug, 2004 | Hits: 84
....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.
......ntees, equitable mortgage of schedule 'Kha' property by deposit of title documents as described in schedule 'Ka', letter of hypothecation in respect of schedule 'Ga' property, power of attorney, etc. in favour of plaintiff.
6. On 14‑7‑82 defendant Nos.4 and 5 execute......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......d Subordinate Judge erred in law in dismissing the suit of the Bank.
21. Mr. M Fazlul Karim, learned Senior Counsel, on the other hand, submitted that the Subordinate Judge committed no error in granting counter‑claim under Order VIII, rule 6 of the Code of Civil Procedure. In support, he cit..
Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4
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. ......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. ......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......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. ..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. ......ailed to consider the bainapatra, (Exhibit 1) and to determine the rights and obligations thereunder. That the bainapatra was not executed in between the plaintiffs and the appellant and there was no power of attorney to execute the same on their behalf. In view of the provisions of section 27 of th......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......the case of Santosh Kumar Paul Vs. Nuruddin Ansari reported in 47 DLR 72. From the decisions referred above and section 22 of the Specific Relief Act we find that it is the discretion of the Court to grant Specific Performance of Contract in the cases where there is hardship. In those cases courts h..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. ......o the de jure relation of ownership. Possession is thus external form to justify and normally manifest in the possession in fact. Possession denotes the relationship between a person: (a) some actual power over the object possessed i.e. physical (corporeal) control or actual possession; and (b) some......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 ......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. ..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
....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.
......himself has ventured to criminal Court and does not also bring the case within the scope of section 138(1) of the Negotiable Instruments Act, 1881 because by imposing fine criminal Court preserves no power to satisfy the complaint ensuring the payment of full amount of Taka 18,00,000 which is more t...... 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......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. ......th hire/occupancy charges in pursuance of Notification No. CF & AO-IV (158) / 1197 dated 4-9-1986 published in the Bangladesh Gazette. Section 18 of the Chittagong Port Authority Ordinance 1976 empowers the Chittagong Port Authority to permit erection and maintenance of private docks. The Chitta......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......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. ......he state of things existing at the date of the suit or just prior to that date, in order to forestall a possible order of the court, the Court may, in an appropriate case, in exercise of its inherent power, require the offending party, by issuing a temporary injunction in mandatory form, to restore ...........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......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. ..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. ......Rangpur from India at the relevant time for the purpose and since he had none to look after his properties the plaintiff appointed Abu Siddique Mazumder (defendant No. 7) is his attorney by a power of attorney dated 21‑1‑1961 to manage and look after his property at Rangpur. It ......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, ......riginal plaintiff mutated his name with the Municipality and has been paying rent to the Government after duly registering his name in the Govt. records and he revoked the power of attorney earlier granted in favour of defendant No. 6 as he found that his interest at the hands of his attorney was..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. ......irect evidence is not well conceived as circumstantial evidence in the instant case is incompatible to the innocence of the convict. 11. Provision of Article 105 of the Constitution empowers this Division to review its judgment pronounced or order made "subject to the provision...... 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......sion. 17. In the case of Zobaida Naher @ Jharna vs Khairunnessa being dead her heirs Md Feroz Alam and others reported in 3 BLC (41)) 170 it has been observed "A review cannot be granted to urge fresh grounds when the judgment itself does not reveal an error apparent on the fac..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. ......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. ...... 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......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. ..Category: Civil Law | Date: 5 Jul, 2004 | Hits: 171
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. ......jurisdiction under section 151 of the Code of Civil Procedure to accept the deficit court fees and admit the appeal after setting aside its order rejecting the memorandum of appeal. As expected, such power could only be exercised within the periphery of the above provisions of law……..(......ing a memorandum of appeal for non-supply of deficit court fees…………..(16) rejection of a memorandum of appeal presented on insufficient stamped papers shall be deemed to be a decree within the meaning of section 2(2) of the Code of Civil Procedure. An appeal shall li......memorandum of appeal when presented on insufficiently stamped papers subject to the condition that the plaint or memorandum of appeal would be rejected if insufficiency is not made up within the time granted by the Court. 13. After a memorandum of appeal is presented and found on examination co..Category: Civil Law | Date: 29 Jun, 2004 | Hits: 3
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.......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.......thers................ Respondents (In Civil Appeal No. 88 of 1998) Selima Rahman and others................ Respondents (In Civil Appeal No. 89 of 1998) Judgment June 28, 2004. Cases Referred to- S.M. Basiruddin Vs. Zahurul Islam Chowdhury, 35 DLR (AD), 230; Md. Khairullah Bhuiyan Vs. Haji ......ing in question has been separated or sub divided upon opening a new khatian at the instance of the pre-emptor, the pre-emptor ceased to be a co-sharer in the holding in question". 6. Leave was granted to consider the submissions that the High Court Division erred in law in affirming the jud..Category: Property Law | Date: 28 Jun, 2004 | Hits: 43
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. ...... application under Order IX, rule 13 CPC for setting aside the ex parte decree within 30 days from the date of knowledge under the Code of Civil Procedure, for the Artha Rin Adalat was exercising its power as a civil Court. The alternative recourse that was opened to the petitioner was to prefer an ......orshed Ahmed Khan with ASM Abdur Razzaque, Advocates—For Respondent No. 2. Writ Petition No. 4339 of 2002. Judgment Md. Awlad Ali J.- This Rule Nisi was issued calling upon the respondents to show cause as to why sections 6 and 7 of the Artha Rin Adalat Ain, 1990 insofar as they provide f......ting it aside where the Judgment, though regular, has been obtained through some slip or error on the part of the defendant, in which case the Court has a discretion to impose terms as a condition of granting the defendant relief." Relying on the aforesaid principle the learned Counsel has conten..Category: Banking Law | Date: 14 Jun, 2004 | Hits: 310
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: ......n of Bangladesh, 1972, Articles 104 & 105 The Appellate Division Rules, 1988, Rule 45 The Code of Civil Procedure, 1908 (V of 1908), Order XLVII Appellate Division’s paramount power of review can be exercised to do full and effective justice under the Constitution apart from ......04 & 105 The Appellate Division Rules, 1988, Rule 45 The Code of Civil Procedure, 1908 (V of 1908), Order XLVII Appellate Division’s paramount power of review can be exercised to do full and effective justice under the Constitution apart from the power of review under the Cod......826 of 1998. (From the judgment and order dated 27 July 1998 passed by the Administrative Appellate Tribunal In Appeal No. 77 of 1997). Judgment Md. Fazlul Karim J.- This appeal by leave granting in Civil Review Petition No.1 of 2001 is from the judgment and order dated 21‑8‑2000 pa..Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128
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. ......e aid of section 151 of the Code of Civil Procedure read with section 3 of the Act to pass necessary order to secure ends of justice and, in fact, he passed the impugned order exercising his inherent power under the said section of the Code, therefore, he did not commit any illegality in passing the......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. ...... 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
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