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Displaying 2001-2020 of 3456 results.
Pubali Bank Limited Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
.... the matter to the learned Chief Justice so that a special bench is formed to hear this Rule but the learned Chief Justice by order passed on the same day, directed this bench to dispose of this Rule holding that there is no need to constitute a special bench. In the aforesaid circumstances we have ......r. MA Tareq, the learned Advocate of the petitioner, submits that the learned Subordinate Judge acted illegally in setting aside the ex parte decree exercising inherent power under section 151(1) CPC overriding the special provisions of section 6(2) of the Artha Rin Adalat Act for such setting aside..Category: Procedural Law | Date: | Hits: 67
Bura Yunus and others Vs. State, 2007, 36 CLC (HCD)
.... a joint trial is desirable in order to avoid hardship and embarrassment to the accused. The learned Assistant Judge overlooked this provision of law and unnecessarily wasted Court's valuable time in holding trial of two cases. Similarly, the investigating officer (PW 14) and the public prosecutor f......99 and Criminal Appeal No. 2469 of 2002 arose from the judgment and order dated 22-5-2002 of the Metropolitan Assistant Sessions Judge, 5th Court, Dhaka in Metropolitan Sessions Case No. 716 of 1999. over the self same occurrence, two cases have been registered separately and the prosecution has als..Category: Criminal Law | Date: | Hits: 90
Tahmid Ahmed Vs. Jalaluddin Jaffar Ali Hussain, 1999, 28 CLC (HCD)
....3) of the Companies Act, 1994. 2. The background in which the present application was filed is as under: Tahmid Ahmed, a shareholder-director of the Company, filed the aforesaid application for holding the Annual General Meetings of the Company for the years from 1982-1997 after condoning the ......as directors consequent upon the suit being decreed hurried to this Court for obtaining necessary order for holding annual general meetings for the years 1982-1997 by condoning the delay in order to cover up their past misdeeds for the last 14 years. 4. Mr. Jalal Uddin Jaffar Ali Hussein, apprehe..Category: Company Law | Date: | Hits: 222
....e 13(2) only being given in case of first medical examination before registration and not in case of medical examination done under clause 13(3), High Court Division erred in discharging the rule holding the application as not maintainable to follow such medical examination and the appellant......inance and Accounts Officer and respondent No.6 is the Chief Medical Officer of Chittagong Dock Sami Parichalan Board Hospital and the respondent No.7 is the Secretary of Ministry of Shipping of the Government. All the appellants were appointed to do their respective jobs before formation of the afo..
Category: Labour and Industrial Law | Date: | Hits: 109
Hafizuddin Ahmed Vs. M Aslam Miah & others, 2002, 31 CLC (HCD)
....he sale proceeds, but without any result. On the verbal order of the Administrator the plaintiff made a mosque on the suit land out of his own fund and with the help of local 'Musallis' and have been holding prayers and other religious service. 4. Further case of the plaintiff is that Defendant N......ed the deeds of sale in order to grab the waqf properties in fraud of the waqf and such deeds are not binding on the waqf. The plaintiff was constrained to institute the suit to remove the cloud cast over the title of the waqf property by said transaction. 5. Defendant No.1 alone contested the su..Category: Trust/Waqf Law | Date: | Hits: 228
Rahamatullah (Md) and another Vs. State, 2007, 36 CLC (HCD)
....uddin and Md. Latafath Hossain rushed there and found the dead body of his son and that they brought the dead body at the house. Hence this case was instituted. The police on receipt of FIR, after holding an investigation submitted charge sheet in the case against the convict appellant Md. Rahama......pable of committing crime— A child above 9 and below 16 years of age who has not attained sufficient maturity of understanding to judge of the nature and consequence of his conduct. 19. The overall aim is therefore, not to punish the offender, but to seek out the root of the problem, in ot..Category: Criminal Law | Date: | Hits: 32
Taju and others Vs. State, 2007, 36 CLC (HCD)
....ircumstances and evidence on record of the present case. 37. Next point comes for our consideration is, that whether the trial Court totally misconstrued the decision reported in 53 DLR 475 in holding the immediate absconsion of the appellants after the occurrence to be the unimpeachable evid......e Ali Miah's house of East Haripur and raped her one after another causing profuse bleeding due to which she became senseless. Thereafter, local Chowkider Abdur Rahman (PW 4) and Jharu Miah (PW 5) recovered her from that place and got her admitted to Bhairab Health Complex where the doctor on duty f..Category: Criminal Law | Date: | Hits: 42
Hazrat Ali alias Dulal Vs. State, 2007, 36 CLC (HCD)
....ail appeal is not only contrary to law but also the established principle laid down in the case of Gahena vs State reported in 20 DLR (WP) 271 and Kamruzzaman vs State, reported in 42 DLR (AD) 219 in holding that the provision of section 35A of the, Code is quite inconsistent with the scheme of th......as arrested on 13-12-2001 and was sent up for trial along with 4 others before the Special Tribunal No. V of Mymensingh on charges under section 19A and 19(f) of the Arms Act relating to alleged recovery of firearms and ammunitions, dagger etc, from their possession. 3. At the trial the prose..Category: Criminal Law | Date: | Hits: 43
Jinnat Ali (Md) Vs. Md. Abu Bakkar Siddique and others, 2002, 31 CLC (HCD)
....tioner as pre‑emptor sought pre‑emption of the impugned Kabala under section 96 of the State Acquisition and Tenancy Act as an unnotified co-sharer by inheritance and as a purchaser in the case holding. His further case is, that the opposite party No. 2 sold away the case land by two registere......n in the case of Rafiqul Alam Vs. Rahimuddin Sarkar and others reported in 34 DLR 180. Facts of the said case called for a decision as to what would be the priority in between the co-sharers inter se over the claim of the pre‑emption i.e. as between a co-sharer by inheritance and a co-sharer by pu..Category: Property Law | Date: | Hits: 37
....of the application for dismissal of the Civil revision till obtaining of the judgment and order dated 8-2-2006 passed by the larger Bench of the High Court Division in Civil Revision No. 1701 of 2005 holding that the Civil Revision of which valuation is more than Taka 5,00,000 is not maintainable in...... by the defendant-opposite party No. 1, Malika Hasina Jahan (Lili), and the two brothers of Shahjahan namely Altaf Hossain and Fazle Hossain and sister Latifun Nessa but they relinquished their claim over the suit land in favour of the defendant-opposite party No. 1, Malika Hasina Jahan (Lili), in e..
Category: Property Law | Date: | Hits: 34
Mark Builders Limited Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....(i) Whether, in the facts and on the circumstance of the case, when the applicant filed return and complied with the requirement of section 35(3), the learned Taxes Appellate Tribunal is judicious in holding the opinion that disallowances, save and except legal disallowances (failed to satisfy the r......, if any, in the absence of any finding or information that the business of the respondent was the same in the year in question too. This method of raising the gross profit though received acceptance over use and application for years to compute the income does not appear to have any legal basis. Be..Category: Fiscal/Taxation Law | Date: | Hits: 99
Nirode Baran Barua Vs. Mrinal Kanti Das and others, 2006, 35 CLC (HCD)
.... reported in 28 DLR 389. 4. Mr. Khondker Mahbub Hossain, learned Advocate, appearing for the complainant, on the other hand, submits, that learned Magistrate took cognisance of the case after holding judicial inquiry where the complainant made his statement on oath which is sufficient compli......e is discharged. The order of stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 456. ..Category: Criminal Law | Date: | Hits: 27
Major Monjur Quader(Retd.) Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)
....পী ঋন গ্রহীতা) is defined and submits that the definition given in the Statute is not attracted in the instant case since the petitioner has only 2.5% share of the total share holding of the company, and the company is the borrower and the petitioner has merely provided his p......all Banks so that they may refrain from extending credit facilities to them. In addition, the concerned banks are required to file appropriate legal proceedings against the persons in the list for recovery of the loan amounts. Section 27 Kaka of the Bank Companies Act, 1991 clearly uses the phrase (..Category: Banking Law | Date: | Hits: 125
Md. Ali Vs. State, 2007, 36 CLC (HCD)
....posite party represented by Deputy Commissioner, Chittagong as to why the Judgment dated 2-9-04 by Metropolitan Sessions Judge, Chittagong as appellate Court dismissing appeal No. 211 of 2004 up- holding Judgment, order of conviction dated 3-1102 by Metro Assistant Sessions Judge Chittagong in......ey challenged those passengers being apprehensive about them. Then 2 passengers tried to run away from the place. They were caught by chase. After search of their body 25 bottles of Phensidyl were recovered from each of 2 persons namely, Lokman and Mohammad Ali. Both of them were taken to Kotwali PS..Category: Criminal Law | Date: | Hits: 30
Zamir Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
....ence of the above witnesses at the place of occurrence house and they were not suddenly present there or on the announcement of the accused Zamir Ali". The learned trial Judge misdirected itself in holding that these PWs upon their apparent antecedents are reliable without considering the contra......Act, 1908 against the accused persons who are 25 in number, including the convict-appellants and framed charge against all the accused persons on 16-9-2001 under the said section. The charge was read over to those convict/appellants who have been facing trial, namely Jamir Ali, Mainul, Matin Mia, Si..Category: Criminal Law | Date: | Hits: 30
State Vs. Kajal Ahmed Jalali, 2007, 36 CLC (HCD)
....n of the then Prime Minister, had given assurance in the matter of giving him nomination from the BNP. At that time, accused Dr. Roushan Alam and his followers tried to prevent the victim Shujan from holding his election campaign in the constituency. They filed a false rape case and managed to issue......li and released with caution of maintaining secrecy. Another microbus carrying the injured body of Shujan was taken to another destination from the Press Club area. Subsequently, his dead body was recovered from the roadside drain, opposite to Bangla Academy Gate. DW 1 Abdul Matin, a rickshaw puller..Category: Criminal Law | Date: | Hits: 109
Eskayef Bangladesh Ltd. Vs. Commissioner of Taxes, 2004, 33 CLC (HCD)
....ow carrying cost, printing material cost, packing cost and VAT relating to the sample in addition to the value of sample under rule 65 (c) of ITO, 1984 ? (iv) Whether the Tribunal was right in holding that the allowances and benefit paid to the employees in case and as per agreement attracts ......and the Appellate Tribunal considered this amount of VAT paid by the assessee while considering the disallowances on account of sample expenses. We are of the view that the amount of VAT paid to the government cannot form part of the disallowance and that be added to the expenditure of the assessee ..Category: Fiscal/Taxation Law | Date: | Hits: 64
Monwar Mallik Vs. State, 2007, 36 CLC (HCD)
....ed occurrence took place on 13-3-2001. But the FIR was lodged on 16-10-2001. Thus we see that FIR was lodged long after 7 months and 3 days. The prosecution unsuccessfully took the plea that due to holding of salish, the ejahar was not filed in time. But none of the members of salish has come to d......hishu Nirjatan Daman Adalat, Rajbari who on the basis of materials available on record framed charge against the accused under section 9(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and read it over to him in open Court but he pleaded not guilty and demanded trial. 7. The prosecution examin..Category: Criminal Law | Date: | Hits: 38
....being proper and reasonable.
6. Against the said judgment and order, the appellant filed Arbitration Appeal No.4 of 1992 before the Arbitration Appellate Tribunal, Narayanganj, which was dismissed holding that the compensation assessed it about three times less than the sale figures shown on five...... 1993 discharging the Rules.
2. The facts involved in the cases, in short, are that 0.59 acres of land of Mouza Hariharpara under Police Station Fatulla, District-Narayanganj were acquired by the Government in LA Case No.2 of 1987-88 for Bangladesh Small Cottage Industries Corporation to set up..
Category: Property Law | Date: | Hits: 37
Yunus Mia (Md) and others Vs. Bangladesh Krishi Bank & ors, 2001, 30 CLC (HCD)
....led to prove that they were bona fide purchasers for valuable consideration. We could not find any evidence of their bona fide in the purchase. The execution Court also does not appear to be wrong in holding that they failed to prove passing of any valid consideration. In the circumstances, their po....... 2. Short facts for disposal of the Rule are that opposite party No.1, Bangladesh Krishi Bank as plaintiff instituted Title Suit No. 1 of 1995 (mortgage) against opposite party Nos. 2 to 9 for recovery of the bank loan. The suit was decreed on 27-1-96 in the preliminary form, and then, on 23-7-9..Category: Property Law | Date: | Hits: 27
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