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Pubali Bank Ltd. Vs. Md. Mamunur Rahman and Another, 2001, 30 CLC (HCD)
....without any order as to cost. The counter-claim of the defendant No.1 is dismissed as not maintainable. Send down the records forthwith. Ed This Case is also Reported in: 54 DLR (2002) 458.......1, a loan of Taka 8.00 lac was allowed in its favour by the plaintiff which was subsequently enhanced to Taka 11.00 lac by the sanction letter dated 15-3-1986. The defendant No.1 although repaid some amounts of money towards liquidation of its loan liabilities from time to time but since 24-6-1986 d......f Taka 8.00 lac was allowed in its favour by the plaintiff which was subsequently enhanced to Taka 11.00 lac by the sanction letter dated 15-3-1986. The defendant No.1 although repaid some amounts of money towards liquidation of its loan liabilities from time to time but since 24-6-1986 did not make..Category: Civil Law | Date: | Hits: 79
Ali Sikder (Md.) Vs. Government of Bangladesh & Others, 2002, 31 CLC (HCD)
....a substantial question of law as to the interpretation of Constitution. His prayer for certificate is refused as we do find the case to be so. Ed. This Case is also Reported in: 54 DLR (2002)453.......a substantial question of law as to the interpretation of Constitution. His prayer for certificate is refused as we do find the case to be so. Ed. This Case is also Reported in: 54 DLR (2002)453.......dated 24-3-1992 and a lease deed was executed on 25-3-1992 for a period of 1 year commencing from 1-4-1992 till 30th of March, 1993 in respect of the aforesaid 3 godowns and he paid half of the lease money and possession of one of the godowns was immediately handed over to the petitioner. 4. The ..Category: Property Law | Date: | Hits: 22
Moniruzzaman (Md.) Vs. ANM Didar-e-Alam and others, 2002, 31 CLC (HCD)
.... time of issuance of the Rule staying further proceeding of the case is recalled. Send down a copy of the order to the court below immediately. Ed This Case is also Reported in: 54 DLR (2002)445.......n at an initial stage may be justified where the facts are so preposterous that even on admitted facts no case stands against the accused; (2) Where the institution and continuation of the proceeding amounts to an abuse of the process of the Court; (3) Where there is a legal bar against the initiati...... for trial of an offence hardly applies when the offences are distinct under the two laws.” 9. It has been further held in the aforesaid case that even the civil suit is filed for realisation of money the same will not stop prosecution which is as follows: Institution of money suit for recovery..Category: Criminal Law | Date: | Hits: 29
Tajul Islam Vs. Gobinda Prashad Das and others, 2000, 29 CLC (HCD)
....harged. In the result, the Rules are discharged. The order of stay granted earlier at the time of issuance of the Rules are hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002)436.......harged. In the result, the Rules are discharged. The order of stay granted earlier at the time of issuance of the Rules are hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002)436.......yment no information will be supplied. When he protested this act on the part of the accused No.1 Tarani Mohan Ghosh, the accused No. 3 Abu Zafar directed the accused No. 2 Tajul Islam to snatch away money from him and after getting such direction of accused No. 3, the accused No. 2 snatched away mo..Category: Criminal Law | Date: | Hits: 62
.... and orders and cancellation of the registration of the petitioner union.
Accordingly the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002)430....... and orders and cancellation of the registration of the petitioner union.
Accordingly the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002)430.......G’ to the writ petition which is published by the Respondent No.4 Commission entitled as guide to scientific technical services offered to outside organisations, has been doing business and earning money as evidenced by Annexure-H(2) to the writ petition; and that such income is being disturbed al..
Category: Labour and Industrial Law | Date: | Hits: 158
Sarwar Garments Ltd. Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....ose of the inquiry initiated by her under section 13(2) (b) of the Customs Act expeditiously and as early as possible in accordance with law. Ed. This Case is also Reported in: 54 DLR (2002) 420.......Writ Petition No. 2969 of 2001 whereby a show cause notice has been issued under section 13(2) to explain as to why the bonded licence granted to the petitioner shall not be cancelled and also why an amount of Taka 50,799.00 will not be realised from them under section 111 of the Customs Act, and al......ose of the inquiry initiated by her under section 13(2) (b) of the Customs Act expeditiously and as early as possible in accordance with law. Ed. This Case is also Reported in: 54 DLR (2002) 420...Category: Fiscal/Taxation Law | Date: | Hits: 63
Osi Meah Sowdager Vs. Tulsidham Akherar Madan Mahan Narasingha and others, 2002, 31 CLC (HCD)
....the learned 1st Court of Subordinate Judge, Chittagong for his information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002)409.......the learned 1st Court of Subordinate Judge, Chittagong for his information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002)409....... dated 27-1-1970 and contracted to sell the remaining portion of the suit land to him by agreement dated 30-1-1970, at a consideration of Taka 22,000,00 out of which Taka 8,000,00 was paid as earnest money at the time of the contract. It has been alleged that subsequently he paid a further sum of Ta..Category: Civil Law | Date: | Hits: 69
Makbul Ahmed and others Vs. Mohammedullah and others, 2000, 29 CLC (HCD)
....f 1983. 15. Having regard to the facts and circumstances of the case there will be no order as to costs. Send down the record at once. Ed. This Case is also Reported in: 54 DLR (2002) 399.......f 1983. 15. Having regard to the facts and circumstances of the case there will be no order as to costs. Send down the record at once. Ed. This Case is also Reported in: 54 DLR (2002) 399.......e petitioners were not informed about the arrival of the record of the case from the High Court Division and by filing another applications the petitioner prayed that he may be allowed to deposit the money by chalan according to the order made by the High Court Division in First Miscellaneous Appeal..Category: Procedural Law | Date: | Hits: 62
Managing Director, Bangladesh Krishi Bank Vs. Gopal Chandra Nath and others, 2010, 39 CLC (AD)
....nal suffers from no error of law calling for interference by this Court and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 494.......nal suffers from no error of law calling for interference by this Court and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 494....... in Jhawdia Branch of Bangladesh Krishi Bank at Kusthia, the regional Audit Officer issued a notice upon him on the allegation of inefficiency, negligence, corruption and also for misappropriation of money. The respondent submitted a written reply of the said show cause notice on 30.04.2000 denying ..Category: Administrative Law | Date: | Hits: 258
Zahid Hossain @ Paltu and others Vs. State, 2002, 31 CLC (HCD)
.... appellants are acquitted of the charge levelled against, them and they be set at liberty forthwith, if not wanted in any other connection. Ed. This Case is also Reported in: 55 DLR (2003) 160. ...... appellants are acquitted of the charge levelled against, them and they be set at liberty forthwith, if not wanted in any other connection. Ed. This Case is also Reported in: 55 DLR (2003) 160. ......ju and others returned back to eastern side after keeping the paddy in the custody of Fazlu. Manju damaged bottom of the boat by removing plank and pushed the boat into the river Paltu told them that money will be distributed on receipt of the sale-proceeds and warned them for not to disclose the ma..Category: Criminal Law | Date: | Hits: 35
Uttara Bank Ltd. Vs. Ali and Co. and another, 2000, 29 CLC (HCD)
....t and hear both the aforesaid suits analogously as early as possible, preferably within 6(six) months from date of receipt of the LC Records. Ed. This Case is also Reported in: 55 DLR (2003) 156.......ank and during the course of business the defendants applied for a loan of Taka 2 lac. The plaintiff-bank bad sanctioned overdraft limit of Taka 1,50,000. The defendant availed of the loan facilities amount from the plaintiff bank and was carrying on business. The defendants in order to secure the l......carrying on business. The defendants in order to secure the loan amount had signed the necessary charge documents and deposited the same with the plaintiff-bank. The defendants did not repay the loan money despite the plaintiff bank repeatedly requested the defendants to repay the same. The defendan..Category: Civil Law | Date: | Hits: 101
Zakir Hossain and another Vs. State, 2002, 31 CLC (HCD)
....ill not be vitiated if there is no question of prejudice due to any flaw in the examination under section 342 Cr.P.C. It was held further that when PWs are cross examined at length by the defence and whole defence case has been put before the court and to the witnesses. The accused became fully awar......half of appellant to the decision in the case of Rahim Baksh Vs. Crown reported in 4 DLR (FC) 53 wherein it was held that failure of the trial Court to question the accused about his confession would amount to infringement of the provision of section 342 of the Code of Criminal Procedure and the con...... and sentence dated 20‑1‑92 by trial Court against appellants Zakir Hossain and Suruj Miah be accordingly upheld. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 137...Category: Criminal Law | Date: | Hits: 34
Zakir Hossain Munshi Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....o be refunded to the petitioner forthwith. In the result, the Rule is made absolute in the foregoing terms without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 130. ......(f) The respondent No. 2, as the mobile telephone service provider under the arrangement with the Government is required to include in the bills rendered by the respondent No. 2 to the petitioner the amount of the license fee and royalty in addition to the amount payable as charge to the respondent ...... realisation of royalty and licence fees every year as unlawful and without jurisdiction. By the same rule the respondents were called upon to show cause why they should not be directed to refund the money realised from the petitioner every year in the name of royalty and licence fees from him earli..Category: Information Technology Law | Date: | Hits: 217
Hajee Abul Hossain and others Vs. Md. Amjad Hossain and others, 2010, 39 CLC (AD)
....e Act provides for a presumption of ownership in favour of the person who is in possession of the property. A person in possession of land however imperfect his title may be, has a good title against whole world except the true owner and until the true owner comes in Court to assert a claim to the p...... would recover the said lands if the respondent No.3 repaid Tk.500/- which he received from the respondent No.1 and ultimately, the respondent No.1 reconveyed the land on receipt of the consideration amount. 4. The suit was contested by the respondent Nos.1 and 2. Their case, in short, is that Pe......le in the suit lands. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 436, 15 MLR (AD) (2010) 485, 8 LG (AD) (2011) 10...Category: Property Law | Date: | Hits: 36
Janata Insurance Company Ltd. Vs. M/s. Islam Steel Mills Limited and another, 2010, 39 CLC (AD)
....he above factual aspects, let us consider the legal aspects of the matters. Section 2(13D) of the Act of 1938 defines 'policy holder' as under: "(13D) "Policy-holder" includes a person to whom the whole of the interest of the policy-holder in the policy is assigned once and for all, but does not ......dant). The facts of all the appeals are identical and therefore, all of them are disposed of analogously. Karnaphuli Cotton Mills Limited instituted Money Suit No. 44 of 1994 for recovery of the said amount on the averments that its stock of raw cotton valued at Tk. 2 crore were insured with the def......Associate Limited, Chittagong as surveyors for ascertaining the loss. Both the surveyors submitted report assessing the loss sustained by the plaintiffs. Thereupon, the plaintiffs laid their claim of moneys covered by the insurance policies but the defendant ignored their claim. 4. The defendant ..Category: Business or Commercial Law | Date: | Hits: 212
Azim vs. Naim Ara Begum, 2003, 32 CLC (HCD)
.... dischareged without any order as to costs. The stay order passed in connection with the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 158. ......newing monthly tenancy for another term, of 5 years ending in the month of December, 1993. This time monthly rent was enhanced to taka 1500. The defendant tenant did not pay rent regularly and arrear amount of Taka 15,000 was fallen due up to the month of December, 1993. Thereafter, the agreement of......(defendant), submits that the defendant took possession in the vacant land as monthly tenant under an agreement with the plaintiff, and thereafter he made a pucca construction spending huge amount of money with the consent of the plaintiff and that the defendant tenant has been running a factory i..Category: Property Law | Date: | Hits: 28
Abdur Rashid Mia (Md) Vs. Md. Hasem Ali Mia & others, 2003, 32 CLC (HCD)
....assed by learned Assistant Judge, Basail, Tangail, in Miscellaneous Case No. 6 of 1996 is hereby restored. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 155. ......possession of the land. Since the value of the land has been increased the pre‑emptor filed the instant pre‑emption case after several years. The pre-emptee has developed the land by investing an amount of Taka 5000 and, as such, the pre‑emption case is liable to be dismissed. 4. The case c......a he has purchased 27 decimals of land on 21‑10‑1993. He further submits that before his purchase, the transferor requested the pre‑emptor to purchase the land but he refused. The consideration money was paid to the transferor through Md. Fazlur Rahnian, the local Union Parishad Chairman. The ..Category: Property Law | Date: | Hits: 39
Abul Kashem and others Vs. State, 2003, 32 CLC (HCD)
....se of Safdar Ali, 5 DLR (FC) 64 in a criminal case; it is the duty of the Court to review the entire evidence that has been produced by the prosecution and the defence. If after an examination of the whole evidence, the Court is of opinion that there is a reasonable possibility that the defence put ......thwith. Convict appellant Anwar Hossain Pintu alias Anwar Hossain may therefore; be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 132.......ed to the south of the school. This witness has also stated in cross-examination that last year a dacoity was committed by the side of the school near the bridge and in that dacoity dacoits took away money from Momin Doctor and Morshed after beating them. 2/3 days prior to the present occurrence a d..Category: Criminal Law | Date: | Hits: 39
State Vs. Mir Hossain alias Mira and others, 2003, 32 CLC (HCD)
....from it. Every Judgment must be read applicable to the particular facts proved or assumed to be proved since the generality of the expression which may be found cannot be intended to be exposition of whole law but must be regarded as governed or qualified by the particular facts of the case in which......okeya Begum. b. Conduct of convict-appellant Shah Alam: Deceased Rokeya Begurn was found dead with multiple injuries on different parts of her body. As a husband it was his obligation and paramount duty to locate the culprits who killed his wife and was, also, required to lodge complaint wi......with napkin the neck of Rokeya Begum. 30. Convict-appellant Khodeja Begum in her confessional statement stated that Alamgir is her cousin. She gave Alamgir Taka 5,000 but latter did not refund the money. Alamgir offered proposal that since there was no peace in her family life he would kill Rokey..Category: Criminal Law | Date: | Hits: 31
Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....chairman of the company and chief executive officer and, as such, he has the locus standi to file the petitions in question on behalf of the company on and from 30‑12‑2002. Be that as it may, the whole question is as to who will get the licence to broadcast the programme; the company or the Chai......of the Company including salaries of 180 employees, maintenance of the costly and highly sophisticated broadcasting and transmission equipment, office rent and other expenses., utilities, totaling an amount of Taka 70 lac per month which is being spent from Mr. Abdus Salam's own sources where no rev......uld be delivered. The minority shareholders, and in particular Mr. Nasir A Chowdhury, who has belatedly come forward after doing nothing for even six months to keep ETV Limited afloat or injected any money for its operations nor even to attend or call any Board meeting, cannot, in law, create or be ..Category: Information Technology Law | Date: | Hits: 230
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