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Komor Ali and another Vs. Al-Arafa Islami Bank Ltd. and others, 2011, 40 CLC (HCD)
....pposite party Nos.2-5 are set aside on the ground of fraud. It is declared that there created no title in favour of holders of those deeds. This Case is also Reported in: 16 MLR (HCD) (2011) 457. ......District Judge, Dhaka. The learned District Judge by the impugned order dated 3.3.2010 dismissed the appeal and maintained the order of the learned Artha Rin Adalat No.4, Dhaka subscribing the same view. 10. Being aggrieved by the impugned order the petitioner has obtained the instant Rule. ..Category: Civil Law | Date: | Hits: 112
Md. Shahab Uddin Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....ssed above both the Rules issued in Writ Petition Nos.3392 of 2009 and 6235 of 2009 are discharged but without any order as to costs. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 222. ......ued in favour of the petitioner to have a legal notice before cancellation of his license." 15. Considering the facts and circumstances of the case and the decision referred to above we are of the view there is no substance in the Rule issued in Writ Petition No.3392 of 2009. 16. In Writ Petit..Category: Civil Law | Date: | Hits: 130
AKM Fayekuzzaman Vs. State and another, 2010, 39 CLC (HCD)
....ce, if any, if she wished under actual facts. Let a copy of this Judgment be sent to the trial Court at once for necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 37. ......cheques. Simultaneously the accused wrote a letter to the Bank to stop payment because only 10% of the work was done by the complainant but more amount of bills was already withdrawn by her. 6. In view of the above facts and circumstances of the case, the points for determination is whether the..Category: Criminal Law | Date: | Hits: 99
Eddystone Broadcast Vs. Government of Bangladesh & Others, 2010, 39 CLC (HCD)
....ioner's tender in accordance with law in the light of the findings made in the body of the Judgment. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 7. ......on-responsive. 5. Being aggrieved by the illegal issuance of notification of award in favour of M/s Nautel Ltd. the petitioner lodged a complaint to the CPTU (Central Procurement Technical Unit) Review Panel under the provisions of Regulation 53 of Public Procurement Regulations, 2003 with requis..Category: Others | Date: | Hits: 127
Ms. Nurunnahar Begum Vs. Sheikh Moqbul Ahmed and others, 2009, 38 CLC (HCD)
....submits that, learned Judge without considering the papers and documents, particularly the Rules and Regulations relating to Provident fund scheme of Red Crescent Society passed the impugned Judgment erroneously as such the same is liable to set aside. Learned Advocate further submits that, learned ...... service rules and regulations of the society. Learned Joint District judge in respect of 'Gha' schedule land held that in this money also Muslim law of inheritance will apply. It is our considered view that the learned Judge was not legal in holding so. When any body get any job his/ her life is ..Category: Civil Law | Date: | Hits: 136
Sohel Monir Vs. State, 1996, 25 CLC (HCD)
....pon the appellant is hereby set aside and the appellant is acquitted of the charge. The appellant is discharged from his bail bond. Ed. This case is also Reported in:49 DLR (HCD) (1997) 407. ......e of his own. But law does not provide that any presumption or probability can be the basis of conviction and sentence. If probability of involvement of the accused, may or may not be, when these two views can be presumed, then in such case it cannot be taken into consideration as evidence. It appea..Category: Criminal Law | Date: | Hits: 100
Mahmudul Huq and others Vs. Nowab Ali Chowdhury and others, 1995, 24 CLC (HCD)
....erved that plaintiffs paid ad valorem Court‑fees as question of tide was seriously involved in the suit with a prayer for establishment of title. Court of appeal below without considering the above erroneously held that the trial Court erred in decreeing the simple suit for partition. From the alt......maintainable. 8. It appears from the opening sentence of the trial Court's Judgment that it is suit for establishment of title and partition. It further appears from trial Court's Judgment that in view of the question of title involved in the suit plaintiffs paid ad valorem Court‑fee with a pra..Category: Property Law | Date: | Hits: 97
State Vs. Kamal Ahmed, 1997, 26 CLC (HCD)
....rrence on 13‑30 and to the hospital at 14‑45 hours. He admitted the defence suggestion that in the seizure list Ext.2 the time is noted as 13‑00 hours but at the same time he stated that it was erroneously noted, it should be 13‑30 hours. He also stated that the place where the miscreants le......e illness and thereafter the so‑called confessional statement was prepared. He also denied the suggestion that in order to save the real culprit he was helping the police administration and in that view he fabricated the confessional statement. 19. P.W.9 Dr. Sunil Kumar Das was also tendered, b..Category: Criminal Law | Date: | Hits: 131
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....sued by this Court so far other accused persons of the case are concerned is hereby vacated. The Rule is accordingly made absolute. Ed. This case is also Reported in:49 DLR (HCD) (1997) 373. ...... the Appellate Division which is the highest Court of the country. 17. Taking these decisions into consideration, particularly the one of the Appellate Division as referred to above, we are of the view that section 265C and 265D are abridged substitutions of the now repealed chapter XVIII of the ..Category: Criminal Law | Date: | Hits: 107
State and others Vs. Sheema Begum and others, 2004, 33 CLC (HCD)
....rty if not wanted with any other connection. Send down the L.C.R. to the Court of the Additional Sessions Judge, Pirojpur at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 265. ......love of deceased Delowar with condemned prisoner Seema Begum. On the contrary P.W.2 Ayesha Begum in her evidence stated that the condemned prisoner had affection for his son deceased Delowar. In this view of the fact we have no other alternative but to hold that the prosecution has failed to prove t..Category: Criminal Law | Date: | Hits: 94
Md. Nazrul Islam Mollah alias Nazrul Islam Mollah Vs. State and another, 2009, 38 CLC (HCD)
....scharged. Stay granted earlier by this Court at the time of issuance of the Rule is hereby vacated. Md. Abdus Samad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 103. ......scope for the accused-petitioner to agitate his grievance at the time of hearing under Section 241 A or 265 C of the Code of Criminal Procedure, as the case may be, as alternative remedy. The similar view has also been taken in the cases of Nazrul Islam Vs. The State reported in 13 MLR (AD) 184 and ..Category: Criminal Law | Date: | Hits: 108
Md. Aktar Hossain and others Vs. Capital Tower (Pvt.) Ltd. and others, 2008, 37 CLC (HCD)
.... duly be placed before the company in AGM. The Counter-Affidavit on behalf of the Respondent Nos.1 and 2 dated 17.1.2008, in particular, speaks of such revision being necessitated upon a detection of erroneous mention of purchases of construction materials by the Company notwithstanding that the C......t No.1 Company; (c) Appoint a new and independent auditor to audit the accounts of the Respondent No.1 Company for the financial years ending on 30.6.2003, 30.6.2004, 30.6.2005 and 30.6.2006 with a view also to detecting the misappropriation committed by the Respondents and direct the Respondents ..Category: Company Law | Date: | Hits: 177
Pankaj Kumar Roy Vs. River Research Institute, 2006, 35 CLC (HCD)
....002 as in Annexure-R are declared to have been made without lawful authority and are of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 258. .......12.1998 delegated the power of appointment, promotion and taking all sorts of disciplinary actions of all classes of the employees of the River Research Institute to its Director General. 9. In view of the above it is an admitted .position that on the date of creation of the River Research Ins..Category: Employment/Service Law | Date: | Hits: 166
Azizul Hossain Mondal Vs. State, 2007, 36 CLC (HCD)
....e set at liberty forthwith if not wanted in connection with any other case. Send down the L.C.R. at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 241; 13 BLC (HCD) (2008) 565. ......hy of credit. It is well recognised that discrepancies of serious nature which strike at the root of prosecution case is fatal and the same makes prosecution case doubtful. 33. In the case under review, discrepancies occurred in testimonies of prosecution witnesses is fatal rendering prosecutio..Category: Criminal Law | Date: | Hits: 108
Abdus Salam Vs. Korban Ali and another, 1992, 21 CLC (HCD)
....ent to the Court below immediately and on receipt of the same the lower Court is accordingly directed to inform the parties concerned. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 372. ...... in the matter, but his lawyer through bonafide mistake failed to render him proper advice in the matter in due course and hence the delay in filing the application for amendment of the plaint in any view of the matter should not be a ground for refusing the plaintiffs prayer for the relief and he s..Category: Civil Law | Date: | Hits: 112
Abdul Hamid Shaikh Vs. Sree Sree Ram Krishna Dev & others, 1993, 22 CLC (HCD)
....ithout any order as to costs. Let the records of this case be sent down with a copy of this Judgment as expeditiously as possible. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 367. ......hearing of certain issues which may be of fact or of law, on the basis of the evidence which may be produced by the parties at once and leave aside the hearing of other issues, if the Court is of the view that the decision on such of the issues will be sufficient to dispose of the entire suit withou..Category: Property Law | Date: | Hits: 113
Eastern Bank Limited Vs. Subordinate Judge and another, 1997, 26 CLC (HCD)
....nd of no legal effect and Artha Rin Adalat is directed to return the plaint to the plaintiff for presentation before the proper Court. Ed. This case is also Reported in:49 DLR (HCD) (1997) 531. ...... account of non‑payment of loan or (ঋণ) disbursed to the defendant bank. Thus Court below was not justified in holding that the amount claimed by the plaintiff should be treated as (ঋণ). In view of the same we find no merit in the contention of the learned Advocate for the respondent No.2 ..Category: Civil Law | Date: | Hits: 119
Shamsul Haque and another Vs. State, 1997, 26 CLC (HCD)
....t and order of conviction and sentence passed by the Tribunal is modified accordingly. Send down the lower Court records at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 528. ...... is no evidence to show that any of the witnesses saw the accused persons to bring the sarees into Bangladesh. The evidence is that one of the accused was found in possession of the Indian sarees. In view of such evidence it will be an evidence under sub‑section (2) of section 25B sub‑section (1..Category: Criminal Law | Date: | Hits: 79
Crown Maritime Co. (1) Ltd. Vs. Royal Boskalis Westminster NV and others, 2009, 38 CLC (HCD)
....ordingly, the application for vacating the order of direction dated 28-1-2009 stands rejected. There will be no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 140. ......pondent No.1. It has been further stated in the application that respondent No.6 took delivery of majority of the goods from respondent No.2 vide gate pass No.014 - 2008 dated 16-12-2008. However, in view of the direction passed by this Court on 28-01-2009, respondent No.6 was unable to take further..Category: Alternative Dispute Resolution | Date: | Hits: 632
Md. Amanullah and others Vs. Md. Sirajul Islam, 2009, 38 CLC (HCD)
..... 28. Office is directed to send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 332. ......ubits have been mentioned for using the same as common path by both plaintiff and defendants. There is no material to show that the defendants disowned the claimed of such path not to use by them. In view of such facts it transpires that the defendants are the co-sharers in the suit land. The suit..Category: Civil Law | Date: | Hits: 181
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