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Harunar Rashid (Md.) Vs. Subordinate Judge, (Artha Rin Adalat) Bogra and others, 1997, 26 CLC (HCD)
....ween 21-4-88 to 25-4-88 overdrew Taka 3,35,00.00. The said respondent deposited Taka 12,000.00 on 26-4-88 but over-drew Taka 4,03,000.00 on 27-4-88. Altogether he has withdrawn Taka 85,000.00 on that date. On 31-7-88 respondent No.4 deposited Taka 6,84,775.00 and on 1-8-88 he had withdrawn the entir......92 (Annexure to the petition) is hereby declared to have been passed or made without any lawful authority and to be of no legal affect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 170.......assed by the respondent No.1 in Artha Rin Adalat Suit No.248 of 1991 on 16-7-92 should not be declared to have been passed without any lawful authority and to be of no legal effect. 2. Short facts for the disposal of the Rule are that the petitioner was appointed as Steno-Typist (Muslim Commercia..Category: Civil Law | Date: | Hits: 71
Abdur Rahim Vs. Arifur Rahman and others, 1997, 26 CLC (HCD)
.... the Petitioner. MA Jalil with Mostafa Kamal Pasha, Advocates - For the Opposite Parties. Civil Revision No.1515 of 1995. Judgment Gour Gopal Saha J.- In this Rule the judgment and decree dated 16-1-95 (decree signed on 21-1-95) passed by the learned Additional District Judge, Chittagong......came from distant places. P.W.1 stated in his evidence that he did not know whether the attesting witnesses would depose in the case in favour of the plaintiff. The learned Court of appeal below also noticed that the stamp of bainapatra Ext. 4 was purchased on 27-4-76 whereas the bainapatra was exec...............Petitioner Vs. Arifur Rahman and others.......................Opposite Parties Judgment November 27, 1997. Result: No illegality was found in the impugned judgment to call for any interference by this Court. Cases Referred To- Gokal Chand and others Vs. the Firm of ..Category: Procedural Law | Date: | Hits: 68
Mohor Ranjan Pal and others Vs. State, 1997, 26 CLC (HCD)
.... and others under sections 468, 417 and 420 of the Penal Code. Eventually, 25-8-94 was fixed for the examination of the accused-persons under section 342 of the Code of Criminal Procedure and on that date the learned Metropolitan Magistrate returned the case to the Chief Metropolitan Magistrate with......time of issuance of the Rules stand vacated. Let a copy of this judgment be sent to the learned Divisional Special Judge, at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 163. ......n heard together as the facts and law involved in them are same and both Rules are now being disposed of by this judgment. 2. These Rules, under section 561A of the Code of Criminal Procedure, are for the quashment of the proceedings in Special Case No.141 of 1994, upon which cognizance was taken..Category: Criminal Law | Date: | Hits: 71
Aslam Vs. State, 1998, 27 CLC (HCD)
....t Attorney-General - For the State. Criminal Appeal No.1635 of 1997. Judgment Md. Sirajul Islam J.- This appeal under section 30 of the Special Powers Act, 1974 is directed against the order dated 30-7-1997 passed by Special Tribunal No.1, Narayangonj in Special Tribunal Case No.19 of 1997 ......ibunal Judge will, however, be at liberty to cancel the bail, if he finds any misuse of the privilege of bail by the accused-appellant. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 161.......j in Special Tribunal Case No.19 of 1997 arising out of Narayangonj PS Case No.16(7)95 under section 19A(P) of the Arms Act. By this order the learned Tribunal Judge rejected the appellant’s prayer for bail. 2. The prosecution case, in short, is that, one Md. Awal Hossain Khan and Moniruzzaman ..Category: Criminal Law | Date: | Hits: 65
Doris Waldman Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....the Constitution of the People’s Republic of Bangladesh Rule Nisi was issued on 6th May, 1996 calling upon the respondents to show cause why the impugned orders contained in Memo No. E-Bideshi-4/95 dated 25-11-95 (Annexure-B) issued by respondent No.3 and Memo No.Mind/II-2/ETP-Reg (27)94/52 dated ......above have caused great damage to the goodwill, reputation and image of the petitioner in Bangladesh as well as outside Bangladesh. The impugned orders have been passed without issuing any show cause notice to the petitioner before-hand nor has she been given any opportunity to explain her position ......(27)94/52 dated 27-1-96 (Annexure-C) issued by respondent No.4 should not be declared to have been made without lawful authority and are of no legal effect. 2. The case of the petitioner is as set forth below: The petitioner Mrs. Doris Waldman is an American national. She is the President of ..Category: Criminal Law | Date: | Hits: 87
Shahnewaz Karim (Md.) Vs. State, 2009, 38 CLC (HCD)
....No. 21114 of 2008. Judgment Siddiqur Rahman Miah J.- This Rule on an application filed under section 561A of the Code of Criminal Procedure was issued upon the opposite party against order No.2 dated 26-10-2008 passed by the learned Sessions Judge, Brahmanbaria in Criminal Revision Case No.69 ......undertaking to produce the same before the Court on and when directed by the same. Copy be sent down at once. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 67; 18 BLT (HCD) (2010) 5. ......dgment April 13, 2009. Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (V of 1898); section 561A The Magistrate has the power to make order of temporary custody for the protection of the property produced before him regarding which an offence appears to have be..Category: Criminal Law | Date: | Hits: 110
Jamil Akhter Elahi (Md.) Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....9. Judgment ABM Khairul Haque J.- This is an application under Article 102 of the Constitution of the People's Republic of Bangladesh, challenging the legality of the Head Office circular No.43 dated 24-5-2009, issued by the respondent Nos.4 and 5, approving the car loan facilities to the exec......ion is misconceived and the Rule is liable to be discharged. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 64.......espondent Sonali Bank Limited. 2. It is stated in the petition that the Board of Directors of the Sonali Bank Limited, in its 82nd Board meeting held on 12-5-2009, approved the ear loan facilities for the executives of the bank having the rank of Assistant General Manager (AGM) and upwards. 3...Category: Others | Date: | Hits: 134
Islam Enterprise Vs. Commission of Taxes Zone-3, 2007, 36 CLC (HCD)
....st the said assessments, the applicant preferred two appeals before Appellate Joint Commissioner of Taxes. 4. Appellate Joint Commissioner of Taxes heard both the appeals together and by his order dated 31-8-99 disposed of them with little modifications in respect of disallowances and receipts on......r the Appellate Tribunal may by order in writing, amend any order passed by it so as to correct any error apparent from the record either of its own motion or on the error having been brought to its notice by the assessee or any other income tax authority and all the provisions of this Ordinance as......pplicants, who are proprietors of Islam Enterprise and Islam Builders, were presented in similar facts and circumstances. 2. In Reference No.211 of 2002, the applicant submitted income tax return for the assessment year 1996-97 claiming a loss of Taka 1,03,600. Then, he submitted a revised retur..Category: Fiscal/Taxation Law | Date: | Hits: 97
Nasiruddin (Md.) Vs. State, 2009, 38 CLC (HCD)
....-General - For the State-Respondent. Criminal Appeal No.4850 of 2005. MR Hasan J.- This appeal under section 30 of the Special Powers Act, 1974 has been preferred against the Judgment and order dated 9-11-05 passed by the special Tribunal No.7, Narayanganj in special Tribunal Case No.184 of 20......les marked as material Exhibits I, II, IV and V. 25. Our appreciation of the evidence shows that, P.Ws.2 to 4 have collaborated the deposition of the P.W.1 in all material particulars without any noticeable discrepancies. P.W.9, the investigating Officer, has duly inspected the place of occurren......ed by the special Tribunal No.7, Narayanganj in special Tribunal Case No.184 of 2005, convicting the accused under section 19(A) and (f) of the Arms Act sentencing him to suffer rigorous imprisonment for 14 years and 7 years, respectively, and further directing that both the sentences shall run conc..Category: Criminal Law | Date: | Hits: 79
Abul Kashem Vs. AKM Golam Mostafa and others, 2009, 38 CLC (HCD)
....5-6. Civil Revision No.1302 of 2003 with Civil Revision No.1303 of 2003. Judgment SM Ziaul Karim J.- These Rules call in question the legality and propriety of the Judgment and order dated 18-2-2003 passed by the learned Additional District Judge, Second Court, Noakhali, allowing Mi......owned and possessed the land under pre-emption (briefly as land) transferred the land to pre-emptees by registered kabala deed dated 26-10-1997 and the same was entered into the book on 3-12-1998, no notice was served upon them and the pre-emptees are the strangers of the land under pre-emption. The...... Abdur Rahman Vs. Shamsunnahar Begum, 7 BLT (AD) 125; Md. Ismail Vs. Province of East Pakistan through the Chief Secretary, Government of East Pakistan, 16 DLR (AD) 438; Hajarilal Mondal Vs. Md. Mozaffor Bepari, 8 BLC (AD) 77. Lawyers Involved: Abdul Wadud Bhuiyan with Faroque Ahmed and Abdus..Category: Administrative Law | Date: | Hits: 230
Category: Employment/Service Law | Date: | Hits: 118
Category: Employment/Service Law | Date: | Hits: 147
State Vs. Md. Shahidul Islam and others, 2011, 40 CLC (AD)
....ioner. Serajul Islam, Advocate, instructed by Mrs. Sherin Afroz, Advocate-on-Record- For the Respondents. Criminal Petition for Leave to Appeal No. 393 of 2009. (From the judgment and order dated 18.8.2009 passed by the High Court Division in Criminal Appeal No. 726 of 2006.) Order ......8 and 9 and illegally disbelieved the prosecution case. Learned Attorney General finally contended that the High Court Division was absolutely wrong in setting aside the entire judgment in failing to notice that some accused persons remained in abscondence throughout the stage of the trial, whose co......al, instructed by Mrs. Mahmuda Begum, Advocate-on-Record-For the Petitioner. Serajul Islam, Advocate, instructed by Mrs. Sherin Afroz, Advocate-on-Record- For the Respondents. Criminal Petition for Leave to Appeal No. 393 of 2009. (From the judgment and order dated 18.8.2009 passed by the ..Category: Criminal Law | Date: | Hits: 69
Category: Civil Law | Date: | Hits: 70
Chutta Miah Vs. State, 2004, 33 CLC (HCD)
....ttorney General - For the State. Criminal Revision No. 294 of 2004. Judgment Aftal Hossain Ahmed J. - This Rule at the instance of accused petitioner Chutta Mia is directed against the order dated 19‑2‑2004 passed by the Additional Sessions Judge, 1st Court, Brahmanbaria in Sessions Cas...... made above and in accordance with law after giving the petitioner an opportunity to recall the prosecution witnesses for cross-examination. Ed. This Case is also Reported in: 56 DLR (2004) 610. ......f accused petitioner Chutta Mia is directed against the order dated 19‑2‑2004 passed by the Additional Sessions Judge, 1st Court, Brahmanbaria in Sessions Case No.104 of 2001 rejecting the prayer for recalling the witnesses for cross-examination. 2. The case of the prosecution is that the pe..Category: Criminal Law | Date: | Hits: 68
Abdul Mataleb Howlader and others Vs. State, 2003, 32 CLC (HCD)
....tioners, submits that the present Rule has been obtained against the order of transferring the Druta Bichar Case No. 5 of 2003 arising out of GR No. 307 of 2001 corresponding to Baufal PS Case No. 12 dated 8‑12‑2001 under sections 147/148/149/341/324/326/307/302 of the Penal Code, now pending in...... and another reported in 47 DLR (AD) 64 as referred to by the learned Deputy Attorney General wherein it has been held that the High Court Division may withdraw a case to itself without issuing any notice upon either party when some question of law or unusual difficulty is involved therein. 9. ......ichar Tribunal, Barisal, should not be transferred and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Mr. Yousuf Hossain Humayun, the learned Advocate for the petitioners, submits that the present Rule has been obtained against the order of transferri..Category: Criminal Law | Date: | Hits: 86
Azad Hossain (Md) Vs. State, 2003, 32 CLC (HCD)
....ne of Taka 10,000 in default to suffer RI for 1 (one) year more, and why showing the present petitioner arrested on 5‑1‑2003 and thereafter issuing custody warrant against the petitioner by order dated 6‑1-2003 passed by the Special Tribunal No. 5, Dinajpur in the said Special Tribunal Case ......with the Special Tribunal Case No. 41 of 1996 immediately, if not wanted in connection with any other case. Communicate the order at once. Ed. This Case is also Reported in: 56 DLR (2004) 602.......the convict, Md. Abul Kalam Azad, son of Md. Nurul Islam, proprietor of "Azad Bastraloy", who was convicted in absentia under section 25B(2) of the Special Powers Act, 1974 and sentenced to suffer RI for 3 (three) years and also to pay a fine of Taka 10,000 in default to suffer RI for 1 (one) year m..Category: Criminal Law | Date: | Hits: 73
Dr. Qazi Faruque Ahmed Vs. State, 2004, 33 CLC (HCD)
....ssued at the instance of the petitioner asking the present Rule opposite party to show cause why the petitioner Dr. Qazi Faruque Ahmed should not be enlarged on bail in Pallabi PS Case No. 31(6) 2004 dated 20‑6‑2004 now pending before the Chief Metropolitan Magistrate, Dhaka and or such other or...... stage, which involves capital punishment as well. 7. Heard the learned Counsels, perused the petition and the relevant materials on record. It is to be noted at the outset that despite service of notice upon the opposite party, in due course, no counter affidavit on its behalf, has been filed to......ioner asking the present Rule opposite party to show cause why the petitioner Dr. Qazi Faruque Ahmed should not be enlarged on bail in Pallabi PS Case No. 31(6) 2004 dated 20‑6‑2004 now pending before the Chief Metropolitan Magistrate, Dhaka and or such other or further order or orders passed as..Category: Criminal Law | Date: | Hits: 81
Kazi Liakat Ali and others Vs. Chairman, Civil Aviation Authority and another, 2003, 32 CLC (HCD)
....he Civil Aviation Authority (hereinafter referred to as the Authority) invited tender for appointment of cleaning contractor for Zia International Airport, Dhaka, and by the second tender notice, the date for submission of tender was extended from 20‑2‑2002 to 10‑3‑2002. 2. The background......dvocates ‑ For the Petitioners. Abdur Razzaq, Advocate ‑ For the Respondents. Writ Petition No. 1344 of 2002. Judgment Zinat Ara J. - This Rule is about the legality of the two tender notices published in the Daily "Dinkal" on 2‑2‑2002 and 27‑2‑2002. By the first tender notic......mmed Hafizul Islam Vs. Government of Bangladesh, represented by the Secretary Ministry of Local Government, Rural Developments and others, 11 BLT 65; Writ Petition No. 4855 of 2001 and Civil petition for leave to appeal No. 651 of 2002 (Unreported). Lawyers Involved: Rokonuddin Mahmud with Kaz..Category: Employment/Service Law | Date: | Hits: 125
Al Baraka Bank Bangladesh Ltd. Vs. Rina Alam and another, 2004, 33 CLC (HCD)
....han and Ziaul Haque ‑ For the Respondents. Appeal From Original Decree No. 96 of 2002. Judgment Md. Abdur Rashid J. - Defendant No. 1 Al Baraka Bank presented the appeal against the decree dated 26‑11‑2001 passed by the Joint District Judge and First Commercial Court at Dhaka in Title......nst the loan of Coast Marine Line Ltd. It was a tradition of the bank to obtain a general power of attorney in case any loan was taken. No such power of attorney was obtained from Rina Alam. No legal notice or letter was issued to Rina Alam that her property would be sold. 24. He had no knowledge......cial Court at Dhaka in Title Suit No. 197 of 2001, which decreed the suit. 2. Respondent No.1 as plaintiff on 14‑7‑97 instituted Title Suit No. 208 of 97 against the appellant bank and another for a decree of declaration that the plaintiff owed no amount to said bank on account of any loan an..Category: Civil Law | Date: | Hits: 109