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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. ......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......d provision of law it appears that in order to withdraw any accused from prosecution the consent of the Court is essential. It is of course correct to say that such consent should not be given mechanically nor it should be refused in a routine fashion or mechanically without applying the mind. ......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)
....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......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. ......ution of the suit on 23‑6‑1993 plaintiff No.1 along with his parents and Senior Advocates Md. Idris and Afsaruddin Ahmed went to the residence of the appellant for negotiating the manner. In that meeting the appellant expressed his desire to refund the earnest money and requested them to allow h..Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....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 ...... For the Petitioner Md. Fazlul Karim with ABM Mahbub, Advocates- For the Opposite Parties. Civil Revision No. 2040 of 1993. Judgment Abdus Salam Mamun J.-This Rule was issued calling upon the opposite parties to show cause as to why the impugned Judgment and decree dated 27â......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
....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......pposite Party No.2.
Md. Afsar Hossain, Assistant Attorney-General‑ For Opposite Party No.1.
Criminal Revision No.714 of 2001.
Judgment
Md. Anwarul Haque J.- This Rule was issued calling upon the opposite party as to why the impugned judgment and order dated 26‑9‑2001 passed......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)
....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......and order dated 05-01-2004 passed by the High Court Division in Writ Petition No. 5806 of 1997 making the rule absolute-in-part. 2. The rule in the matter was issued by the High Court Division calling upon the writ-respondent Nos. 1-4 to show cause as to why impugned order (Annexure-G and H t......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)
....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......4. The Appellate Division followed the principle in Babul Kanti Das Vs. Abul Hashem 47 DLR (AD) 6. 35. Rule 7 of Order VII of the Code of Civil Procedure requires every plaint shall state specifically, the relief the plaintiff claims either simply or in the alternative, and it shall not be nece......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)
....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, ......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. ......wn to him by defendant No. 1, Nurul Haque and Abu Siddique. He further stated that defendant No. 1 pointed out some mistakes in the number of some shares as written in the deed of exchange and this meeting with defendant No. 1. Nurul Haque, took place few days before September War of 1965. He saw..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Mukul Vs. State, 2004, 33 CLC (AD)
....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......the judgment or the finding in question. In other words, the error must not only be apparent, but must also have a material, bearing on the fate of the case. Errors of inconsequential import do not call for review". 15. The uniform view is that review is not a guise, pretext or ......ubmission while rejecting the petition for leave to appeal and that we held that prosecution case that condemned prisoner made demand of dowry of Tk. 50,000 and that he used to beat victim for not meeting the demand of dowry was established by the evidence of PW 1. On consideration of the evide..Category: Criminal Law | Date: 10 Jul, 2004 | Hits: 100
Hafez Abdus Salam Vs. Syed Fazlul Quader and another, 2004, 33 CLC (HCD)
....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......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. ......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
....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.
......; 2
The Arbitration Act, 1940, Sections 3(1)(4)
The law as in sections 3(1) and 3(4) of the Act barring the Court from granting an order of injunction is limited in application as to the arbitration being held in Bangladesh, but not as to matter restraining a particular party fro......ll the documents to be produced by the plaintiff are genuine and he has personal knowledge of the same, that plaintiff was not allowed to place its document in support of its case, that the plaintiff called Project Manager of the defendant No. 1 as witness but the defendant No. 1 created a situation......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.
..
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)
.... 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......s—For the Petitioner. Morshed 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, 1...... 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. ..Category: Banking Law | Date: 14 Jun, 2004 | Hits: 310
AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)
....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......ised to do full and effective justice under the Constitution apart from the power of review under the Code of Civil Procedure and rule 45 of the Appellate Division Rules and paramount power is specifically exercised to do complete justice of great public importance but where there is no error appare......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
Asadul Hoque, Trading as Samrat Shoe Vs. Registrar of Trade Marks & another, 2004, 33 CLC (HCD)
....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. ...... 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
Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)
....; Company Ltd...................................Respondent Judgment April 11, 2004. Result: The Appeal is allowed. Appointment of Arbitrator by the Court Section 20(4) empowers the Court to make an order of reference to the arbitrator appointed by the parties, whether i........Appellant Vs. A Latif & Company Ltd...................................Respondent Judgment April 11, 2004. Result: The Appeal is allowed. Appointment of Arbitrator by the Court Section 20(4) empowers the Court to make an order of reference to the arbitrat......r. 12. Before the Arbitrator, the respondent company submitted a statement of claims of Taka 2,21,61,674.99. The appellant opposed the claims by filing a written reply to the claims. They specifically challenged the jurisdiction of Mr. Abdul Wadud Chowdhury, J to arbitrate in view of the named ......d dated 22‑6-2000 is accordingly set aside. The arbitration agreement now ceases to have any effect. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 656. ..Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3
Ananda Builders Ltd. Vs. Bangladesh Inland Water Transport Authority and others, 2004, 33 CLC (AD)
....¦....Respondents Judgment April 6, 2004. The Constitution of Bangladesh, 1972, Article 102 When the contract is entered into by a public authority in exercise of its statutory power in terms of statutory provisions any breach thereof may entitle the aggrieved party to invoke ......ngladesh Inland Water Transport Authority and others…....Respondents Judgment April 6, 2004. The Constitution of Bangladesh, 1972, Article 102 When the contract is entered into by a public authority in exercise of its statutory power in terms of statutory provisions any bre......ase apart from the fact that there is no merit in the Rule the instant writ petition is also not maintainable. 22. Accordingly, the impugned judgment and order of the High Court Division do not call for any interference. In the result the appeal is dismissed without any order as to costs....... Court Division do not call for any interference. In the result the appeal is dismissed without any order as to costs. Ed This Case is also Reported in: 57 DLR (AD) (2005) 31. ..Category: Constitutional Law | Date: 6 Apr, 2004 | Hits: 215
Nurul Huq (Md) @ MN Huq Vs. Nirmal Chandra Dutta & anr., 2004, 33 CLC (AD)
....endant (Md Nurul Huq) as his attorney on 11‑6‑1981 to look after and manage his properties and to recover rents from the tenants and that on 26‑5‑1982 he, however, revoked the power of attorney because the defendant (Md Nurul Huq) had sold his valuable property and misappropr......he signature appearing on the solenama and genuineness of the signature having been seriously denied by the defendant respondent and emphatically asserted by the appellant appeal has been remanded to the High Court Division with a direction to hear the appeal a fresh after obtaining report from ...... not been sent for examination by hand-writing expert of the signature appearing on the solenama and genuineness of the signature having been seriously denied by the defendant respondent and emphatically asserted by the appellant appeal has been remanded to the High Court Division with a directio......ave been executed by the respondent and to decide the appeal iii accordance with law. The plaintiff of the suit shall bear the costs of the examination by the Handwriting Expert. Ed. ..Category: Property Law | Date: 5 Apr, 2004 | Hits: 103
Sec. Min. of Law, Justice & Par. Affairs & ors. Vs. Md. Borhan Uddin and ors., 2004, 33 CLC (AD)
....or and, as such, Government is quite competent to cancel the appointment of the Special Public Prosecutor or Public Prosecutor at any point of time and that the Government having had exercised its power of cancelling the appointment of the respondent No.1 (writ petitioner) to act as the Spe........Respondents Judgment April 5, 2004. The Code of Criminal Procedure, 1898 (V of 1898), section 492 The relationship between the Special Public Prosecutor and the Government being that of a client and a lawyer and that being the accepted position and......he person." 9. As to maintainability of the writ petition, the High Court Division upon referring to the provision of Article 31 of the Constitution held "This article specifically provides for the protection against any action detrimental to his reputation. The impugned Me......discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 201
Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)
....supplementary investigations made by the Special PP were allowed, Delay in terminating the criminal proceeding resulting in accused being indefinitely harassed is a good ground to invoke our inherent powers ……True, section 5A (Act II of 1947) allows a police officer having below the rank of the ......Criminal Procedure, 1898 (V of 1898), Section 561A The Anti‑Corruption Act, 1947 (II of 1947), Section 5(2) The circumstances connected with the delay in terminating the proceeding will have to be examined in each case to determine whether the delay constitutes abuse of the process of the C...... Slate and others reported in 40 DLR (AD) 69 submits while it has been held in the aforesaid case that delay in initiating Criminal Case is no ground for quashing the same, similarly, it would be logically sound as well as rational not to quash the criminal case merely because of delay in the termin......on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ..Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
....i Bhutto vs. State reported in PLD 1979 SC 741 on review as under: "it will be seen that according to rule 1 of Order XXVI of the Supreme Court Rules the power of review is to be exercised in a criminal proceeding on the ground of an error apparent on ......e reversed in review basing on the evidence already on record when a different opinion could be arrived at on fresh evaluation of the evidence………(14) Cases Referred to- Zenith Packages Ltd vs Member, Labour Appellate Tribunal, Dhaka and others 52 DLR......ne was received by his younger brother Syed Choyonal Islam who replied that his brother was in the office; the same day at 9‑00 PM, "Chayan" on way back to home received a telephone call from accused Ershad Sikder who asked him to come to Ice factory attached to IWTA ghat No. 4; ......e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ..Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332
Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)
....n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed.......ents Judgment March 20, 2004. The Code of Civil Procedure, 1908 (V of 1908) Section 107(2) The Evidence Act, 1872Â (I of 1872) Section 73 The High Court Division is competent enough to compare signature of the defendant in the bianapatra with available authenticated signature of th......n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed.......n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed...Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
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