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Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
....er he has or has no jurisdiction to try the case, from time to time authorise the detention of the accused in, such custody as such Magistrate thinks fit, for a term not exceeding fifteen days on the whole. If he has no jurisdiction to try the case or send it for trial, and considers further detenti......t to be committed, necessitating the arrest of the person concerned. A bare assertion without anything more cannot form the material for the exercise of an independent judgment and will not therefore amount to credible information. The abuse of police power is not only peculiar to our country but it......problem of securing the attendance of accused at trial: Courts usually using financial bonds as the means to this end and that the result was the pretrial imprisonment of people too poor to raise the money for such a bond. Congress passed the Federal Bail Reform Act 1966, legislating for release on ..Category: Criminal Law | Date: | Hits: 70
State Vs. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....able doubt. Insistence upon corroboration is based on the rule of caution and not merely a rule of law. 30. It is, also, to be borne in mind that the arduous journey of prosecution to find out the whole truth is achieved sometimes by turning on the accused as approver. 31. We shall now address......llustration (b) to section 114 of the Evidence Act observed: Whilst it is not illegal to act on the uncorroborated evidence of an accomplice, it is a rule of prudence so universally followed as to amount almost to a rule of law that it is unsafe to act on the evidence of air accomplice unless it ......lla (PW36) made telephone call on telephone No. 723777. There had been rings but no response came forth. Abdus Sabur along with one Sandha approached the house of Hashem Ali Molla (PW36) and demanded money and offered condition that Fatik would be recovered in the event of payment of money. b) Ab..Category: Criminal Law | Date: | Hits: 69
Nizam Khan (Md) Vs. State and another, 2003, 32 CLC (HCD)
....called. In the result, the Rule is discharged. Communicate this order to the Court of the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 299. ......nt of the outstanding money. Subsequently the accused Petitioner took back some cheques on payment of money. The accused‑petitioner thereafter issued Cheque No. 0721632 dated 14‑6‑1999 for an amount of Taka 1,50,000, Cheque No. 0721633 dated 28‑6‑1999 for an amount of Taka 1,50,000, Cheq......er agreement/contract the accused‑petitioner purchased various kinds of cloth under different chalans 8 in number worth Taka 9,60,144. The accused petitioner out of this Taka 9,60,144 paid some money and issued cheque towards payment of the outstanding money. Subsequently the accused Petitio..Category: Criminal Law | Date: | Hits: 38
Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
....e. 32. It is posited out here that elementary principle of interpreting or construing an Ordinance or Statute is to gather its true intention. The intention of Lawmakers is to be gathered from the whole of the Ordinance/Statute. Interpretation postulates the search for the true meaning of the Ord......neral of Police, Police Head Quarter, Dhaka IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285.......currence took place on 10‑10‑1991 at 10.00 pm. Her father before departure for Oman kept her and her mother under custody and care Of accused Dr. Anukul Chandra Achariya. Her father used to remit money in the name of accused Dr. Anukul Chandra Achariya who used to bear their expenses. Accused Dr..Category: Criminal Law | Date: | Hits: 64
....y without prejudice to any other rights that he may possess after giving one calendar month's notice in writing to determine the rights of the tenant under these presents, re‑enter into or upon the whole of the demised property or any part thereof and take possession thereof including all building...... He also obtained permission from defendant No.3 to mortgage the framed land in order to collect fund. He applied to the Janata Bank for land and the Bank sanctioned a loan of Taka 11,00,000. But the amount of loan was not sufficient. So, he did not withdraw any money.
5. Suddenly, he got a notic......e framed land in order to collect fund. He applied to the Janata Bank for land and the Bank sanctioned a loan of Taka 11,00,000. But the amount of loan was not sufficient. So, he did not withdraw any money.
5. Suddenly, he got a notice dated 11‑9‑1993 from the office of defendant No.4 asking ..
Category: Property Law | Date: | Hits: 73
Pak Eastern Industries Ltd. Vs. DC, Dhaka and another, 2004, 33 CLC (HCD)
....hin a period of three months from date of receipt of this order, positively. Send down the records at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)259. ......53,07 of which the appellant received Taka 8,63,110.78 and price of trees, etc was assessed at Taka 3,336.42 of which the appellant received Taka 2,913.24. After the final award was given, very small amount was due to appellant, for which the grievance of the appellant has got no basis. 18. He ci......ka 2,913.24. 45. Mr. Rafiqul Islam submitted that in paragraph 7 of the application, the owner of the land received said amount with objection. Mr. Nazrul Islam claimed that the owner received the money without any objection. We find from said paragraph that the owner rejected the final compensat..Category: Property Law | Date: | Hits: 77
....malpur Zillas.
2. Second Labour Court, Dhaka (a) Demra, Sutrapur Kotwali Police Station of Dhaka Metropolitan Area.
(b) Faridpur, Rajbari, Gopalgonj, Shariatpur and Madaripur Zillas.
(c) The whole of Bangladesh in respect of cases failing within jurisdiction of more than one Labour Court ex...... stated that the petitioner Union being the only registered trade union and the only Collective Bargaining Agent briefly CBA, according permission for cancellation of registration of the Union is tantamount to taking away of the right of the employees to form trade union guaranteed under the Constit...... the result, the Rule is made absolute without however any order as to cost.
Let the lower Court records be sent down immediately.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 179.
..
Category: Labour and Industrial Law | Date: | Hits: 186
State Vs. Shah Alam, 2003, 32 CLC (HCD)
.... is accordingly, directed to shift the condemned prisoner from the condemned cell to some other cell meant for the convict prisoners. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 232. ......ti was not caused with the intention to cause death but it unfortunately, happened while attempting to rape Jannati. If the intention or the mens rea is absent in causing death of any person it would amount to culpable homicide not amounting to murder and may be liable to be punished under section 3...... is accordingly, directed to shift the condemned prisoner from the condemned cell to some other cell meant for the convict prisoners. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 232. ..Category: Criminal Law | Date: | Hits: 54
Haji Md. Shamsul Haque Vs. Pubali Bank Limited, 2009, 38 CLC (AD)
....tioner is set aside and the deposited amount be returned to the present petitioner. With this observation the petition is disposed of. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 75.......e 89 of the Code of Civil Procedure. Thereafter the petitioner on 14.01.2000 filed an application and prayed for setting aside the order dated 22.10.2007 and also prayed for direction to deposit rest amount of bid money. Petitioner further stated that respondent No.5 earlier filed civil revisional a......arned Joint District Judge, Second Court, Gazipur in Money Decree Execution Case No.29 of 1994 setting aside the auction sale on 08.07.2002 and directed the plaintiff to deliver the deposited auction money (25% of bid money) of the petitioner along with compensation money i.e. 5% of the purchase mon..Category: Others | Date: | Hits: 109
Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation and others, 2002, 31 CLC (HCD)
....e Metropolitan Chamber of Commerce and Industry for arbitration in accordance with clause 18 of the contract. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 224. ......pensation of US $ 614,855.25 and further US $ 100,000 for loss of goodwill, in total US $ 714,855.25 towards full and final settlement of the claims. The plaintiff accepted the offer. Out of the said amount, the plaintiff deducted US $ 278,276.67 only from the invoices of scheduled jute mills of the......e Metropolitan Chamber of Commerce and Industry for arbitration in accordance with clause 18 of the contract. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 224. ..Category: Alternative Dispute Resolution | Date: | Hits: 245
Chand Mia and others Vs. MA Rajput Ghosh Bahadur & others, 2002, 31 CLC (HCD)
.... to the plaint and corresponding correction to the decree in Title Suit No. 2 of 1959 as prayed for. There is no order as to cost. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 221. ......lication to correct an error which has crept into the decree. The wide language of sections 152 and 153 would, in my opinion, cover a case like the present. The correction of an error need not always amount to an amendment of the pleading. I do not think it correct to treat this application as an ap...... to the plaint and corresponding correction to the decree in Title Suit No. 2 of 1959 as prayed for. There is no order as to cost. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 221. ..Category: Property Law | Date: | Hits: 61
Mohammad Syed Vs. State, 2004, 33 CLC (HCD)
.... 6. The learned Advocate for the accused petitioner strenuously argued that in view of disowning the GD being No. 1664 dated 26‑7‑2002 alleged to have been filed by one Md. Younus Sardar the whole case of the opposite party No. 2 informant falls to the ground as it does not disclose any off......discharged with the observation as made above. Send down the lower court records with a copy of this order to the court concerned. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 210. ...... spare parts worth Taka 1,50,000 and gave the same to Moktar Mistry for making the truck. Moktar Mistry accordingly, gave him a bill of Taka 33,000 as his charge for making the truck. He was short of money and accordingly, he could not make arrangement for payment of Taka 1,65,000 and as per advice ..Category: Criminal Law | Date: | Hits: 45
GM Morshed Vs. City Bank Ltd. and others, 2004, 33 CLC (HCD)
....t both can go together. Section 138(3) says, 'Notwithstanding anything contained in subsections 1 and 2 the holder of the cheque shall retain his right to establish his claim through civil Court if whole or any part of the value of the cheque remains unrealised." 5. We have heard the learned Co......f complaint on 304‑2000 against the accused petitioner in the Court of Metropolitan Magistrate, Dhaka alleging, inter alia, that the accused enjoyed the facilities of loan but failed to repay the amount of loan on repeated reminders. The total amount of loan payable by the accused is Taka 13,51,......es of the present case in that on several dates the complainant-opposite party was found to be absent in the court for which the accused ought to have been acquitted. Thirdly, he submits that since a money suit for realisation of the said outstanding amount was filed by the opposite party No.1 befor..Category: Banking Law | Date: | Hits: 237
State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)
....arned Additional Sessions Judge, however has found Sultan Mahmud and Khodeza not guilty of the charges. He has also discharged Nur‑e‑Alam of the charges on the reasoning that he has disclosed the whole circumstances of the case relating to the offence. 3. Prosecution case has been narrated by......which they belong and if they are found of the same kind, they may be taken for ascertaining whether they belong to one individual or not. The height and the age may also be determined with a certain amount of accuracy. The author, however, opinions that it is difficult to ascertain the precise time......dris Jamai be set at liberty forthwith if not wanted in connection with any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 185. ..Category: Criminal Law | Date: | Hits: 110
....and thus there is no merit in the leave petition.
Accordingly, the petition for leave to appeal is dismissed
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 49, 63 DLR (AD) (2011) 127.
......udge, 4th Court, Dhaka, for Specific Performance of Contract as the original lessee did not execute and register the required sale deed in spite of receiving of Tk. 11,000/- against the consideration amount fixed at Tk. 15,000/- on three different occasions and that the writ petitioner got delivery ......and thus there is no merit in the leave petition.
Accordingly, the petition for leave to appeal is dismissed
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 49, 63 DLR (AD) (2011) 127.
..
Category: Property Law | Date: | Hits: 54
Russel Vegetable Oil Ltd. Vs. Collector of Customs and others, 2000, 29 CLC (HCD)
....e undue hardship to the appellant, it may dispense with such deposit either unconditionally or subject to such conditions as it may deem fit to impose. (2) If upon an appeal it is decided that the whole or any portion of the aforesaid duty was not leivable, the appropriate officer shall return to......nited Commercial Bank Limited for US $ 585000.00 for the import of 1000 metric tons. Thereafter L/C value was increased on September 10, 1994 to US $ 1,579,500.00 for 2,700 metric tons and lastly the amount of L/C was increased to 1,755,000.00 for the import of 3,000 metric tons as per terms and con...... two months. There shall be no order as to costs. Let a copy of this order be sent to the Commissioner of Customs, Chittagong. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 382. ..Category: Fiscal/Taxation Law | Date: | Hits: 79
Commissioner of Taxes Vs. Bangladesh Rural Advancement Committee (BRAC), 1999, 28 CLC (HCD)
....estions put to us in the reference applications are in the affirmative. These two Reference Applications are accordingly disposed of. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 152. ......e have considered this provision and it appears to us that notice is required only in case of those assessee who set apart a part of the income for purposes other than charitable purposes. If such an amount is set apart other than for charitable purpose that amount is of course liable to taxation. B......estions put to us in the reference applications are in the affirmative. These two Reference Applications are accordingly disposed of. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 152. ..Category: Fiscal/Taxation Law | Date: | Hits: 99
Tahera Khatun Bibi and others Vs. Abdul Jalil Mandal and others, 1998, 27 CLC (HCD)
....ption is allowed. Send down the lower Court records at once. The order of status quo granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 134. ......cquiescence and the same has occasioned failure of justice. The learned Advocate further submits that in view of the fact that the petitioner have made improvement in the case land by spending a huge amount of money, they are entitled to the said cost if, at all, pre-emption is allowed and, as such,......e and the same has occasioned failure of justice. The learned Advocate further submits that in view of the fact that the petitioner have made improvement in the case land by spending a huge amount of money, they are entitled to the said cost if, at all, pre-emption is allowed and, as such, the learn..Category: Property Law | Date: | Hits: 56
Nasim Anwar Hossain Vs. Bangladesh Bank and others, 2010, 39 CLC (HCD)
....dent from annexe-B to the writ petition) is hereby declared to have been done without lawful authority and is of no legal effect. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ......ot be included in the CIB list. It should however, be noted that the respondent creditor bank is at liberty to file case against the petitioner in the Artha Rin Adalat for recovery of the unpaid loan amount as per terms of the personal guarantee provided by the petitioner.” 9. The same view wa......n of defaulting borrower as given in the statute was not attracted in his case, since he had only 2.5% share, and that he had merely provided personal guarantee to the creditor bank to repay the loan money which at best could made him a guarantor and not a defaulting borrower. The High Court Divisio..Category: Civil Law | Date: | Hits: 167
Md. Arif Gaffar Vs. Artha Rin Adalat, Khulna and others, 2010, 39 CLC (HCD)
....reby cancelled. The office is directed to communicate the copy of this judgment at once to the concerned executing Court. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ......rein respondent Nos. 2-3) instituted Artha Rin Suit No.27 of 2006 before the Artha Rin Adalat, Khulna against Makkah Poultry Feeds Ltd., a registered company and its directors for realisation of loan amounting Tk. 1,78,54,736/- (one crore seventy eight lac fifty four thousand seven hundred thirty si......reby cancelled. The office is directed to communicate the copy of this judgment at once to the concerned executing Court. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 169
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