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Joynal Abedin Hazari Vs. State and another, 2011, 40 CLC (HCD)
....arned Senior Special Judge, Feni in Special Case No.1 of 2007 convicting the appellant under section 26(2) of the Anti-Corruption Commission Act, 2004 and sentencing him to suffer simple imprisonment for 3(three) years. 2. The short fact of the case is that one Deputy Director of Anti-Corruptio......e may be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 58. ......ing him to suffer simple imprisonment for 3(three) years. 2. The short fact of the case is that one Deputy Director of Anti-Corruption Commission, Comilla District Office, filed a petition of complaint on 8-4-2007 in the Court of Senior Special Judge, Feni that was registered as Special Case No..Category: Anti-Corruption Laws | Date: 20 Nov, 2011 | Hits: 7
Elite Lamps Ltd. Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....nt October 16, 2011. Result: The Rule is discharged. Whether the resolution taken by the Board of Directors of any Bank relating to total write off of loan has the binding force of law and enforceable by the High Court Division? The resolution taken by the Board of ......ithin one month from the date trial Court receives a copy of this Judgment. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 62. ......tors is the controlling body of the bank and its decision is final in matters of the affairs of the Bank. The resolution to write off taken by the Board has the force of law and is binding upon the plaintiff. The Board decision creates a legal obligation for the Bank to write off the entire in ..Category: Civil Law | Date: 16 Oct, 2011 | Hits: 7
Victor Simon Paat and other Vs. M.V. Accord and others, 2011, 40 CLC (HCD)
....l these 11 Crew members, while working as such in the vessel M.V. ACCORD, on and from 2.12.1999 came to Bangladesh on board the said vessel and thereafter instituted these Admiralty Suits on 1.8.2000 for realization of their unpaid wages and obtained arrest of the vessel MV ACCORD which thereafter u......also the other Admiralty Suits were dismissed on 4.8.2004 and ultimately restored on 11.2.2010 to its number and file. 4. After the restoration of these suits the plaintiffs of all the suits made amendment of the plaint, through the application dated 26.4.2010, to include a further prayer for a ......ust 17, 2011, August 18, 2011 & August 23, 2011. Result: The suits are decreed-in-part. Lawyers Involved A.J. Mohammed Ali, Senior Advocate With Ms. Rubaiyet Hossain, Advocate-For the plaintiffs. M. Moksadul Islam, Advocate-For the defendant Nos.2 & 3. Admiralty Suit No.28 ..Category: Admiralty Law or Maritime Law | Date: 23 Aug, 2011 | Hits: 87
Md. Rustom Ali and others Vs. State, 2011, 40 CLC (HCD)
....hishu Nirjatan Damon Tribunal, Jamalpur in Nari-o-Shishu Nirjatan Damon Case No.12 of 2007 rejecting an application filed by the accused-appellants under section 344 of the Code of Criminal Procedure for postponement of the case. 2. Facts relevant for disposal of the appeal, in brief, are that re......t, the appeal is dismissed. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ......r and brother got her admitted in the local Health Complex. After recovery, she had informed her father and other witnesses in details about the torture and assault on her and thereafter filed the complaint. The appellants surrendered before the Tribunal, obtained bail and filed an application on 18..Category: Women and Children | Date: 14 Aug, 2011 | Hits: 91
Bangladesh Vs. Nazirul Hoq, 2011, 40 CLC (AD)
....ed by Mrs. Mahmuda Begum, Advocate-on-Record—For the Petitioners. J. N. Dev, Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For the Respondent. Civil Petition for Leave to Appeal No.2050 of 2010. (From the judgment dated 11.03.1998 passed by the High Cou....... No.1681 of 2010 is condoned. Let the C. P. No.1681 of 2010 be tagged with the appeal which arises out of C. P. No.2050 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 206. ......ace for security reason as the liberation war was going on and that taking that opportunity some miscreants took possession of the said property by force. That the petitioner lodged complaint to the Sub-Divisional Officer (Sadar, South), Dhaka for the eviction of those unlawful occupa..Category: Property Law | Date: 25 Jul, 2011 | Hits: 83
Abdul Aziz Vs. Most. Kutisona Bibi and others, 2011, 40 CLC (AD)
....volved: Abdul Quiyum, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioners. A. K. M. Shahidul Haque, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.2131 of 2009. (From the judgment and order dated 02.07.2009 passed by the ...... the light of observations made above. The impugned judgment is set aside. This civil petition for leave to appeal is thus disposed of. Ed. This Case is also Reported in: 9 ADC (2012) 190. ......vision in Civil Revision No. 3330 of 1991. 2. The relevant facts necessary for disposal of this civil petition for leave to appeal, in short, are as follows:— 3. The present petitioners, as plaintiffs, filed Title Suit No.500 of 1983 against the present defendant-respondents in the court o..Category: Property Law | Date: 24 Jul, 2011 | Hits: 71
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... power to quash a criminal proceeding in exercise of powers under Article 102 of the Constitution. We have come across in a number of cases and find the High Court Division is not maintaining uniformity in entertaining and disposing of petitions for quashing criminal proceedings. Some Benche......nd my learned brother, Md. Abdul Wahhab Miah J. I agree with the judgment of my learned brother, Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 144. ......signature while she was in Korea. The police took up the case for investigation and at this stage, the appellants moved the High Court Division challenging the investigation of the case. In the complaint, the Registrar, Joint Stock Companies alleged that Bo-Sun Park submitted on 6th March, 2004 ..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
M/S. Hasan Vegetable Oil Mills Ltd. Vs. M. T. SCEPTRE, 2011, 40 CLC (HCD)
....Dhaka. 9. The Chairman, Chittagong Port Authority Chittagong. 10. The Harbor Master Chittagong Port Authority, Chittagong. 11. The Commissioner of Customs Customs House, Chittagong.......Proforma-Defendant. Judgment July 17, 2011. Result: The Suit is dismissed. Cases Referr...... as to costs. The Bank Guarantee submitted by the defendants earlier be returned immediately to the filing Advocate on behalf of the defendant Nos.1 and 3. Ed. This Case is also Reported in: ...... 1957 Karachi 315; Gladstone Wyllie and Co. Ltd. Vs. Shahidi Trading Corporation Ltd. , 10 DLR 307. Lawyers Involved: Md. Mizanul Haq Chowdhury, Adv. With Hasan Mohammed Riyed, Advocate-For the plaintiff. M. Hafizullah, Sr. Adv. With Muhammad Ohiullah, Advocate-For the respondent Nos.1, 2 &..Category: Admiralty Law or Maritime Law | Date: 17 Jul, 2011 | Hits: 61
Kaisar-uz-zaman Vs. State and others, 2011, 40 CLC (HCD)
....twali Police Station Case No.39 dated 17-12-2004, under sections 406/409/420 of the Penal Code, pending in the Court of Senior Special Judge, Sylhet, should not be quashed. 2. The facts relevant for disposal of the Rule, in short, are that the petitioner, who was the Manager of IFIC Bank, Tulti...... the light of observation made above. The order passed earlier staying further proceeding of the special case is hereby vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 15. ......nt Act (hereinafter referred as the Act) provides that prior sanction of the Government is required to prosecute a public servant for any offence under the schedule of this Act. If the petition of complaint or the police report is not accompanied by such sanction, the Special Judge shall immedi..Category: Anti-Corruption Laws | Date: 14 Jul, 2011 | Hits: 43
Abul Bashar Vs. Abul Kashem and others, 2011, 40 CLC (HCD)
....and in Civil Revision No.4490 of 1995 petitioner was defendant. Civil Revision No.4488 of 1995 arisen out of Other Class Suit No.79 of 1988 renumbered as 47 of 1991, further renumbered as 185 of 1991 for declaration that decree obtained in Other Class Suit No.13 of 1984 on 14-2-1985 and proceedings ......rder without giving any unnecessary adjournment to the parties. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 199. ......Nos.1(a) to 1(k). Civil Revision Nos.4488 and 4490 of 1995. Judgment Sharif Uddin Chaklader J.- These two Rules by the same petitioner, in Civil Revision No.4488 of 1995 petitioner was plaintiff and in Civil Revision No.4490 of 1995 petitioner was defendant. Civil Revision No.4488 of ..Category: Civil Law | Date: 23 Jun, 2011 | Hits: 44
Md. Arif-Uz-Zaman Vs. State and another, 2011, 40 CLC (AD)
....I of 1881); sections 123A & 138 (1) The legislature has consciously used in section 138 (1), the word any ‘cheque’ drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account. Legislature very well......h Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 400; 8 LG (AD) (2011) 196; 17 BLC (AD) (2012) 167; 21 BLT (AD) 234. ......er including the dissimilarity of the signature of the drawer on the cheque, the offence under the section shall be complete and in that case the payee shall have the liberty to file a petition of complaint before the competent Magistrate against the drawer of the cheque, of course, by complying wit..Category: Banking Law | Date: 9 Jun, 2011 | Hits: 196
Farzana Akter (Kakoli) Vs. Md. Kabir Hossain and others, 2011, 40 CLC (HCD)
....nal, Patuakhali in Nari-o-Shishu Case No.185 of 2004 stopping all further proceedings of the case. 2. Facts leading to this appeal, in short, are that the appellant filed a petition of complaint before the Nari-o-Shishu Nirjatan Daman Tribunal, Patuakhali against four persons including respondent......learned Judge of the Tribunal is directed to proceed with the trial in the said Nari-o-shishu case in accordance with law. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......man Tribunal, Patuakhali in Nari-o-Shishu Case No.185 of 2004 stopping all further proceedings of the case. 2. Facts leading to this appeal, in short, are that the appellant filed a petition of complaint before the Nari-o-Shishu Nirjatan Daman Tribunal, Patuakhali against four persons including r..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 102
Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)
.... The appeal is disposed of. Words and phrases Formal defect Formal defect includes every kind of defect which is in no way affect the merits of the case i.e. a defect of form not a defect in the merits of the case. 'formal defect' must be given a wide and liberal meani...... In the result, this appeal is disposed of. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 53. ......case, whether the defect be fatal to the suit or not, rejection of a material document for not having a proper stamp and the erroneous valuation of the subject matter of the suit. Failure of the plaintiff's counsel to incorporate a Prayer in the plaint was a defect constitutes 'sufficient gr..Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6
Manager, Rupali Bank Ltd. Vs. M/S New Music Corner and another, 2011, 40 CLC (HCD)
....tha Rin Adalat, Bogra, in Artha Rin Case No. 326 of 1994 dismissing the suit. 2. The plaintiff appellant instituted Artha Rin Case No.326 of 1994 impleading the present respondents as defendants for realization of Tk. 17,07, 996.30. 3. The plaintiff in his plaint stated inter-alia that th......t record. Send down the lower Court records along with a copy of this judgment immediately to the Court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ......f-Appellant. Md. Haroon-Ar-Rashid, Advocate-For the Defendant-Respondents. First Appeal No. 635 of 2000. Judgment Obaidul Hassan J.- This appeal is directed at the instance of the plaintiff-appellant against the judgment and decree dated 06.04.2000 (decree signed on 10.04.2000) p..Category: Banking Law | Date: 18 May, 2011 | Hits: 209
Monzur Ahmed Bhuiyan & others Vs. Adilur Rahman Khan and others, 2011, 40 CLC (AD)
....or Advocate, instructed by Md. Taufique Hossain, Advocate-on-Record—For the Respondent Nos.1, 2 and 4. Not represented—For the Respondent Nos. 3, 5-6 and 8-9. Civil Petition for Leave to Appeal No.1816 of 2010. (From the judgment and order dated 13-11-2008 passed by th......nd Order passed by the High Court Division. Accordingly, this Civil Petition is dismissed. No order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 47. ......nd Order passed by the High Court Division. Accordingly, this Civil Petition is dismissed. No order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 47. ..Category: Constitutional Law | Date: 16 May, 2011 | Hits: 267
Government of Bangladesh and Others Vs. Md. Gias Uddin Chowdhury and Others, 2011, 40 CLC (AD)
....Joarshahara, Dhaka Cantonment in the High Court Division by a writ petition. According to the writ petitioners, by different deeds they acquired title and possession of .6855 acre of land out of the aforesaid three plots and constructed four multi storey buildings under the name 'Chowdhury Kunjo'. I...... any order as to costs with the above observations. This judgment would govern both the appeals. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 1, 17 BLC (AD) (2012) 14, VIII ADC (2011) 879. ...... any order as to costs with the above observations. This judgment would govern both the appeals. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 1, 17 BLC (AD) (2012) 14, VIII ADC (2011) 879. ..Category: Property Law | Date: 15 May, 2011 | Hits: 100
.... people of Bangladesh.
6. Article 11 within Part II of the Constitution stipulates that the Republic of Bangladesh shall be a democracy in which fundamental human rights and freedoms and respect for the dignity and worth of the human person, shall be guaranteed. These are not mere empty flowery......article 102 of the Constitution is by now well settled and has very well been discussed and decided in the case of Anwar Hossain Chowdhury Vs. Government of Bangladesh and others commonly know as 8th amendment case, 41 DLR (AD) 165 and (ii) that would make the judgment unnecessarily lengthy.
14......ution not only from associations or organizations or individuals interested in a common cause or an advocate, even journalists but also on the basis of letters written by such persons containing a complaint of maltreatment of under-trial prisoners or women in police custody (Sheela Bose Vs. State of..
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Rupali Bank Ltd. Vs. Sree Babu Jiban Kumer Shaha, 2011, 40 CLC (HCD)
....assed by the Subordinate Judge, Artha Rin Adalat, Sherpur decreeing the suit in part. 2. The appellant as plaintiff instituted Artha Rin Case No.14 of 1996 impleading the respondent as defendant for realization of Tk. 1,53,412/- as the principle amount along with interest and other charges. ......aintiff. Send down the lower court records along with a copy of this judgment immediately to the court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ......id, Advocate-For the Plaintiff-Appellant. Not represented- the Respondent. First Appeal No. 68 of 1998. Judgment Obaidul Hassan J. - This appeal is directed at the instance of the plaintiff appellant against the judgment and decree dated 30.07.1997 passed in Artha Rin Suit No. 14..Category: Banking Law | Date: 11 May, 2011 | Hits: 210
Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)
....ck except when a distinction between stock and shares is expressed or implied. So, share is a movable property of the company having market value. By the amended prayer of the plaint it has been made for recovery of possession of shares. The shares got its market value. As per the statements made in......Fees Act provides the provision for paying as valorem court fees as the "share" is a movable property having market value. Accordingly the Court-fees paid in the earlier plaint (before amendment) was insufficient and by way of amendment that has been cured by paying ad valorem court f......ompany, and includes stock except when a distinction between stock and shares is expressed or implied. So, share is a movable property of the company having market value. By the amended prayer of the plaint it has been made for recovery of possession of shares. The shares got its market value. As pe..Category: Company Law, Procedural Law | Date: 8 May, 2011 | Hits: 9
Kyung Hae Maritime Co. Ltd. and others Vs. M.V. BF Glory and others, 2011, 40 CLC (HCD)
....Bandar, Chittagong. 8. The Commissioner of Customs, Chittagong, Customs House P.S. Bandar, Chittagong. 9. The Deputy commissioner of Police, Chittagong Port, P.s. Bandar, Chittagong……Proforma-Defendants With BIZ & SHIPPING CO., Ltd. RM 1021, Byuksan Kwanghwamunsidae b/d ......No.19 of 2009 M/S. Kysco Shipping Co. Ltd. and also against the BF. Shipping Limited in Admiralty Suit No. 27 of 2009 and Admiralty Suit No. 28 of 2009. Ed. This Case is also Reported in: ......ave been disposed off. Case Referred to- Marine Oil Broking Company Pte Ltd. Vs. Daizu Maru, 55 DLR (HC) 471. Lawyers Involved Kamal-ul-Alam with Giasuddin Ahmed, Advocate-For the plaintiff. (In Admiralty Suit No. 19 of 2009 and Admiralty Suit No. 28 of 2009). A.K.M. Fakrul..Category: Admiralty Law or Maritime Law | Date: 4 May, 2011 | Hits: 70
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