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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. ......t of the suit cannot be rejected either under section 64 or under section 102 of the Ordinance as the exclusion of the jurisdiction of the civil Court is not to be readily inferred It is the cardinal principle of law in case of ouster of jurisdiction to examine the case whether provisions of an Act ......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. ..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.
......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.
..........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 money to any other persons out of his account is returned by the bank unpaid, either for i..
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. ......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. ......rth has been released by order of the High Court Division from the care and custody of Chittagong Port authority by furnishing the bank guarantees as furnished by the petitioner in respect of claimed amount in the Annexure-G and H to the writ petition allegedly issued by the City Bank, Agrabad Branc..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. ......nherent power, require the offending party, by issuing a temporary injunction in mandatory form, to restore the status quo ante. It further held: “…………this principle is in consonance with fair administration of justice and this power of making an order of ......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. ......sp; Leave was granted to consider the submissions that the impugned judgment of the High Court Division is not a proper judgment of reversal inasmuch as it does not conform to the long established principle that in reversing the judgment of the trial Court the appellate Court must fully apply it......9,199. The trial Court also considered the life insurance policy of defendant No. 1 for Taka 15,000 and the declaration made by him at the end of 1959 before the Martial Law Authority regarding an amount of Taka 30,000-35,000 lying with Muslim Commercial Bank and Lloyd's Bank, Dhaka. All these ..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. ...... that a review was never meant and allowed to be utilised as another opportunity for rehearing the matter which is already closed by a final judgment". 18. It is also the accepted principle as to scope of review that it cannot be a ground for review that the Counsel appearing i......d prisoner made demand of dowry of Tk. 50,000, that 3 months preceding the date of occurrence the condemned prisoner and the members of his family tortured Swapna Begum for non‑payment of the amount demanded as dowry and having had heard about the said fact of torture the informant taking h..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. ......ady obtained a decree from the Artha Rin Adalat on 24-5-2001 and Artha Rin Adalat found the property of the plaintiff was mortgaged to the defendant bank. The present suit was therefore hit by the principle of res judicata. 5. The trial Court on the pleading framed the following issues for det......tiff filed Title Suit No. 208 of 1997 renumbered as Title Suit No. 197 of 2001 against the petitioner bank for a declaration that the plaintiff had no liability to the petitioner bank for any loan amount, the so-called Memorandum of Deposit of Title Deed dated 17‑3-1988 was forged, concocted..Category: Civil Law | Date: 5 Jul, 2004 | Hits: 171
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. ......e date of requisition the value of the land having been increased substantially, the writ-petitioner is entitled to compensation at the present market rate for acquisition of his property on the principle that there should be proximity between the notice of acquisition and that of actual acquis......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. ..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.......tor and the vendor and a suit for partition, being Partition Suit No. 111 of 1988, being pending the pre-emptordid not cease to be a co sharer of the non agricultural land in questionaccording to the principle of law enunciated in the case of S.M. Basiruddin Vs. Zahurul Islam Chowdhury and another r......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...Category: Property Law | Date: 28 Jun, 2004 | Hits: 43
....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.
...... the provision of section 32 of the Arbitration Act, 1940 is maintainable in view of the provision of section 9 of the Code of Civil Procedure, that the plaintiff has been able to establish the basic principles i.e. a prima facie case, balance of convenience and inconvenience and apparent chance of ...... It may be mentioned at the first instance the trial Court passed an order of ad interim injunction on January 3, 2001.
2. The suit was filed seeking relief primarily for a decree of total amount of Taka 70,18,17,737 against the defendant Nos. 1 and 2 severally and/or jointly, for a decla..
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. ......a Vs. County of London Quarter Sessions Appeals Committee, reported in The Law Reports (1956), Queens Bench Division, 682 where it has been stated that it is to be remembered that it is a fundamental principle of our law that no one is to be found guilty or made liable by an order of any tribunal ......ad 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 for payment of 50% of the decretal amount when it was sought by the defendant petitioner to either have the ex parte decree set aside u..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. ......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. ......inst the judgment and order dated April 4, 1991 passed by the Court of Subordinate Judge (Arbitrator) in Arbitration Case No. 1 of 1987 making award of Taka 37,23,664.41 and thereupon deducting the amount of Taka 3,69,786.22 already received by the respondents on protest made the final order for..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: ...... appellants were appointed clearly mentioned that their appointment was not to be considered as placement in the Cadre direct. It is further contended by the respondents that according to the general principles of seniority vide memo dated 31‑12‑70 the officers recruited directly through an earl......titution 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 apar..Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128
....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.
......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.
......lters but the rest of the facts in support of such statements are contentious. It is true that in paragraph 7 it is stated that they had already repaid Taka 10, 00,000 but since there is overwhelming amount of demand for more than Taka 7 crore, this payment of Taka 10, 00,000, even if it is true, do..
Category: Banking Law, Corporate Law | Date: 10 May, 2004 | Hits: 9
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. ......nt as a whole in order to see whether the plaintiffs had a cause of action for the suit. It 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.&nb......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. ..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. ......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. ...... No.133 of 1991 itself found. Moreover the application so filed seeking pre-emption was quite maintainable since the same was filed within the time prescribed by-law and that there was deposit of the amount mentioned in the kabala as well as the statutory compensation or in other words deposit that ..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: ......s own discretion. Court may entertain a writ petition when alternative remedy of appeal is not equally efficacious and effective but not when such remedy is avoided of…..(7) (ii) It is the principle of law that an ad interim order could be passed only in aid of or ancillary to main relief...... 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: ..Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175
Abdul Jabbar Vs. Md. Lokman Hossian, 2006, 35 CLC (AD)
.... the High Court Division in making the Rule absolute. 12. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly the petition is dismissed. Ed. ......t Division was in error in making the Rule absolute and thereupon decreeing the S.C.C. Suit. He also submits that in the background of the facts and circumstances of the instant case the accepted principle that a tenant is estopped from denying title of landlord or from taking different stand ...... the High Court Division in making the Rule absolute. 12. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly the petition is dismissed. Ed. ..Category: Tenancy Law | Date: 21 Apr, 2004 | Hits: 69
Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)
....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. ......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. ......company claimed, Taka 2, 21,61,474.99 on various heads. Learned Arbitrator, entertained such statement of claims and entered into arbitration. 28. Claim No.1 is for Taka 63, 95,919 which was the amount after receipt of part bills of Taka 22,02,856 out of total contract value of Taka 85,98,775.5..Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3
Ananda Builders Ltd. Vs. Bangladesh Inland Water Transport Authority and others, 2004, 33 CLC (AD)
.... 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. ...... 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. ......evelopment (IBRD) Loans and IDA Credits. It also suggested a price adjustment of US$ 150,152 plus Taka 10, 21,444.00 for the first contract and US$ 31,349 plus Taka 12,719,204 for the second contract amounting to Taka 22,930,648 plus US$ 181,501 and 75% of that compensation (that is Taka 17,197,986 ..Category: Constitutional Law | Date: 6 Apr, 2004 | Hits: 215
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