Search Options
Judgment Advanced Search
Displaying 2061-2080 of 3456 results.
Continental Traders Vs. Bangladesh Textile Mills Corporation and others, 2006, 35 CLC (HCD)
....been brought beyond the period of limitation of one year from the date when the goods have been delivered, or discharged from the ship the learned trial Court failed to appreciate and consider in not holding that the suit was hopelessly barred by limitation under Rule 6 of Article 3 of the Schedul......ee dated 18-54986 and 22-5-1986 respectively, passed in Money Suit No. 65 of 1985 by the Commercial Court (Subordinate Judge, 2nd Court) Chittagong. 2. The plaintiff instituted the suit for recovery of money on account of damage of imported cotton. 3. The plaintiffs case, in short, is ..Category: Civil Law | Date: | Hits: 87
Md. Monzurul Islam Vs. National Board of Revenue and others, 2009, 38 CLC (AD)
....led to have the imported goods assessed on the basis of at least the normal value under amended section 25(1) of the Customs Act, 1969. 5. As it appears the High Court Division discharged the Rule holding that in Writ Petition No. 201 of 1996, out of which Civil Appeal No.102 of 1998 arose, simil...... Yellow Book value was valid, the High Court Division did not commit any error in discharging the Rule. The petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 211. ..Category: Fiscal/Taxation Law | Date: | Hits: 64
Abdul Malek (Md) and another Vs. Sanowar Hossain and others, 2007, 36 CLC (HCD)
.... committed an illegality in converting the preemption case into one under section 24 of the Non Agricultural Tenancy Act. As I see it, the lower appellate Court did not commit any error of law in upholding the conversion. Consequently, the above submission of Mr. Garib Newaz stands negatived. 1......e changes in form and not in substance. In the circumstances we find that the learned judges were not justified in rejecting the prayer for amendment of the application upon the view they took. Moreover, since the relief prayed for could be given by the court under section 24 of the Non-Agricultur..Category: Property Law | Date: | Hits: 39
Muktar Hossain and others Vs. A Matin Sarker and others, 2007, 36 CLC (HCD)
....ng the prayer for preemption. 2. Petitioners made an application under section 96 of the State Acquisition and Tenancy Act, 1950 (hereinafter referred to as the Act) for preemption as owners holding land contiguous to the land transferred by the predecessor of opposite party No. 4(Ka) to 4(...... if necessary, on further evidence that may be adduced by the parties. 18. Send down the records at once. Communicate. Ed This Case is also Reported in: 59 DLR (2007) 116. ..Category: Property Law | Date: | Hits: 27
Faruq (Md) Vs. State, 2006, 35 CLC (HCD)
....d to the Metropolitan Senior Tribunal, Dhaka which was recorded as Metropolitan Special Case No. 77 of 2002 and thereafter, the case was transferred to Metropolitan Special Tribunal No. 11, Dhaka for holding trial and the Tribunal was pleased to frame charge under section 19A and 19(f) of the Arms A......nsferred to Metropolitan Special Tribunal No. 11, Dhaka for holding trial and the Tribunal was pleased to frame charge under section 19A and 19(f) of the Arms Act against the appellant which was read over to him and to which he pleaded not guilty and claimed to be tried. 4. In this case the p..Category: Criminal Law | Date: | Hits: 27
State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)
....ira[(Supra), the relevant date has been taken to be the date of occurrence which we believe, with respect, is the correct approach. On the other hand, there are many decisions, of our superior Courts holding the view that the relevant date is the date of framing charge or commencement of trial. In o...... report he did not name anyone as accused or as a suspect. He stated that he heard that accused Roushan took the victim to the turmeric field and raped her; that he heard one Kamal handed the accused over to the police and that the police informed him (the witness) and took him to the police station..Category: Criminal Law | Date: | Hits: 167
Gour Chandra Pal Vs. State, 2006, 35 CLC (HCD)
....ssional statement on 22-4-1997 disclosing his active involvement in the occurrence which is not only true and voluntary and also inculpatory in nature and, as such, the same alone may be a ground for holding the accused appellant guilty for the offence of throwing acid and hence the impugned judgmen......isfiguration of face which is grievous in nature. This witness proved the medical certificate as Exhibit 5 and his signature thereon as Exhibit 5/1. 30. This is the brief account of the overall evidence produced by the prosecution to prove the charge brought against the convict appella..Category: Criminal Law | Date: | Hits: 45
Jugal Kumar Das (Shovon Ahmed) Vs. State, 2004, 33 CLC (HCD)
....ed from there is no scope of interference, because the judgment of the trial Court delivered was perfect and was a product of proper adjudication. Therefore, the appeal is required to be dismissed by holding the same as not sustainable. 12. We have heard the learned Counsels for the appellant......ey together left for the University and on the way Jugal Kumar Das instead of getting into the University bus took her to his own house, and thereafter they fled away together way and after searching over and around all the possible places he could not get any trace of his daughter and lodged the fi..Category: Criminal Law | Date: | Hits: 40
Eklimur Reza Khan Vs. State, 2005, 34 CLC (HCD)
....n 5(2) of the Prevention of Corruption Act, 1947. 3. On the basis of the first information report the instant case was registered and DAB, Sylhet took up the charge for investigation and after holding investigation, the charge-sheet was submitted against the accused person under section 409 o......il Bharera Road repairing scheme under Food for Works Programme No.6 Dhaka Dhakkhin Union under police station Golapgonj, District Sylhet and that the accused withdrew 5.782 metric tons of rice from government department for works of 1st installment and on 2-4-1991 also withdrew 5.782 metric tons of..Category: Criminal Law | Date: | Hits: 31
Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)
....urance Rules, 1958. By the said amendment, Rule 4(a) provided for paid up capital in respect of the insurance companies which read as follows: 4A. Paid-up capital of an insurance Company and share holding.- (1) 50% of the total paid up capital shall be contributed by the sponsors and the remainin......o sell the said shares to the petitioner and instructed them to deliver the shares to the petitioner on receipt of a banker’s pay order for Taka 44.00 lac from the petitioner. The petitioner handed over a pay order No. 0005838 dated 31-10-1993 issued by Agrani Bank, Dhaka for Taka 44.00 lac to res..Category: Company Law | Date: | Hits: 181
Mahmud Hussain Vs. Sayeb Ali & ors., 1988, 17 CLC (HCD)
...."Finally, an Election dispute relates to a right to office. The dispute is Civil in nature. Judicial officers who decide civil disputes have been empowered to decide Election dispute. Procedure for holding the trial of such disputes is the same as that of an ordinary Civil Court being constitute......lapgonj being Election Case No. 1 of 1988 alleging that the opposite party No. 1 adopted unfair means and corrupt practices during the election and re-election and was trying in undue haste to take over charge of the office of the chairman in collusion with local authorities. The petitioner also f..Category: Election Law | Date: | Hits: 100
Amir Hossain Vs. State, 1988, 17 CLC (HCD)
....ed Advocate for the appellants that the occurrence took place on the night following 13.11.77 accused appellant Amir Hossain was arrested on 26.1.78 and he was taken twice to police remand before holding the T.I. Parade on 27.3.78. Mr. P.C. Guha the learned Advocate has drawn our attention to th......by him chased the dacoits and managed to catch hold of accused-appellant Rustom Ali. A police party on patrol duty thereafter visited his house in the last part of the night when the informant handed over accused Rustom Ali to them. On the following morning the informant went to Amtali Police St..Category: Criminal Law | Date: | Hits: 51
Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)
....d that the petitioner did his best to save the project even by incurring loan from Rupali Bank as disclosed in the petition of complaint and the BSRS did its best to frustrate the project through withholding of further payment. It has been stated further that the contract provides for penalty by way......rector as the builder and as such the facts disclosed from the petition of complaint do not show that the petitioners were in any manner entrusted with the loan under the project or with any dominion over the said loan so that an allegation of criminal breach of trust can be brought home against the..Category: Criminal Law | Date: | Hits: 67
Bangladesh Shipping Corporation Vs. Rafique Ahmed, 1987, 16 CLC (HCD)
....nd pendente lite interest at the rate of Tk.10% per annum, that defendant No.6 by letter Ext.2(f) dated 3.10.80 informed the plaintiff that defendant no 2 M/S. Ednasa Shipping Co. Ltd., Hong Kong was holding U.S. dollars 14,326.00 on defendant no. 1's account and that defendant No.5 Bangladesh Shipp......) and defendant No.6 Messrs. Hegge and Company (Bangladesh) Ltd., Spencer's Building, Agrabad Commercial Area, Chittagong. The learned Subordinate Judge in the said Money Suit decreed the suit for recovery of TK.9,00,000/- on contest against the defendants 2,3 and 6 and exparte against defendant 1, ..Category: Admiralty Law or Maritime Law | Date: | Hits: 212
Md. Mahtab Hossain Vs. Bangladesh University of Engineering & Technology, 1987, 16 CLC (HCD)
....ons, if established, would call for a minor or a major penalty. Procedures for formal enquiry will be as laid down hereunder in Statutes 7, 8 and 9." 7. Statute 7 provides for the procedure for holding an enquiry when a delinquent employee is charged with an offence the maximum penalty for whi......ity on 4.3.81, in which post he was confirmed with effect from 1.5.82. In course of his work strained relationship developed between him and the respondent no.2, the Vice Chancellor of the University over various matters. In this state of affairs he received the impugned office order dated 19.11.86 ..Category: Criminal Law | Date: | Hits: 74
Abdul Khalek Khan Vs. Government of Bangladesh, 1986, 15 CLC (HCD)
....d 3.10.61 liable to be declared full and void? 5. What relief, if any, is the plaintiff entitled to? 5. The learned Subordinate Judge on consideration of the evidence on record decreed the suit holding that the plaintiff had title in the land in dispute and the order dated 3.10.1961 cancelling......) 21...Category: Property Law | Date: | Hits: 36
Chowdhury Saifuddin Ahmed Vs. Shamsuddin & Ors., 1987, 16 CLC (HCD)
....se on contest but without any order as to costs. 6. Mr. Khondker Mahbubuddin Ahmed learned Advocate for the defendant No. 26-appellani submits that the learned Subordinate Judge acted illegally in holding that a party who wishes to obtain the benefit of section 5 of the Limitation Act must always......eal is dismissed, but in the facts and circumstances of the case we make no order as to costs. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 10. ..Category: Procedural Law | Date: | Hits: 101
KDH Laboratories Ltd. Vs. Pubali Bank and Ors., 1987, 16 CLC (HCD)
....ceeding merely by common parlance and not an ex parte proceeding at all in the eye of law, the provisions of Order 9, rule 7 are not attracted and, therefore, the decision of the Indian Supreme Court holding that there is no hiatus between the two stages of reservation of judgment and pronouncing th......e, 3rd Court, Dhaka accepting the written statement filed by the defendant-opposite parties in Money Suit No. 126 of 1982. 2. The petitioner as plaintiff filed the aforesaid suit on 16.4.82 for recovery of TK. 1,50,00,000/- being the market value of the plaintiffs balance stock of goods lying in ..Category: Civil Law | Date: | Hits: 83
Arab Bangladesh Bank Ltd. Vs. Ziauddin and others, 1998, 27 CLC (HCD)
....operties along with his wife defendant No.1. The learned Advocate submits that till the matter is finalised in the suit the defendant may be restrained as prayed for and the learned Subordinate Judge holding a prima facie case in favour of the plaintiffs rightly passed the order of injunction. 5.......ed Advocate appearing with Mr. Rokanuddin Mahmud, on the other hand, submits that even under section 103 of the Banking Companies Act, 1991 the plaintiffs right has been protected. They have no claim over the share of defendant No.1 but they claimed their share in the assets left behind by late Nur ..Category: Banking Law | Date: | Hits: 122
Habib Bank Limited Vs. UAE Bangladesh Investment Company Limited and another, 1998, 27 CLC (HCD)
....bably he intended to say that the money belongs to BCCI over which they have claimed set-off. He admitted that they have claim of over 1.65 million US dollars from BCCI. But it appears that they were holding more than that which belong to BCCI and actually according to this witness BCCI is to get 8.......st. 2. The short fact leading to this appeal is that, the plaintiff-respondent instituted the suit alleging that the plaintiff company is a joint venture project of which 40% share belongs to the Government and remaining 60% belongs to Abu Dhabi Fund for Development. The plaintiff gets 30 lac US ..Category: Banking Law | Date: | Hits: 136
38753870386538633859385738473846384538433842383938313830382938263823382238213819