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Afzal Khan (Md) Vs. Md. Azmal Khan and others, 2006, 35 CLC (HCD)
....Kar) 111; AIR 1961 Bom 136; AIR 1953 Cal 15; Abdur Rahman vs. Sajjadur Rahman 51 DLR 420; Abul Kalam Azad vs Sunhar Ali 46 DLR (AD) 130; Major (Retd) M Afsaruddin vs Kamal Rahman 41 DLR 190; Kirtish Chandra Dev vs. Begum Sufia Akhtar 1992 BLD 591 = 46 DLR 313; Bangladesh vs. Md Aslam and others 44 D......ment a new story has been set up changing the main issues of the case at a very belated stage of the suit, which cannot be said to be just and necessary for the purpose of determining the real controversy between the parties and, as such, the learned Joint District Judge by passing the instant imp......om the partnership business and transferred their capital share and interest in favour of the defendant-opposite party No. 1 and in this way after execution of that agreement the entire ownership and management of the partnership business transferred to the opposite party No. 1 and therefore he inve..Category: Property Law | Date: | Hits: 42
.... any order as to costs. The order of stay granted earlier by this Court stands vacated.
24. It may be mentioned that the law being a new one and there being no direct authority on the point in hand we have thankfully received the assistance of Mr. AJ Mohammad Ali, the learned Attorney-General......ely, Pubali Bank Limited, Sadarghat Branch, Dhaka, being financial institution, instituted the Title Suit No.55 of 2001 in the Artha Adalat, 3rd Court, Dhaka against the loanee, the defendant, for recovery of loan amounting to Taka 7,00,603 (Taka seven lac six hundred and three) only. Ultimately, de...... as amicus curiae.
Let a copy of this judgment and order be sent to the Court concerned for information and necessary action.
Ed.
This Case is also Reported in: 59 DLR (2007) 37.
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Category: Civil Law | Date: | Hits: 90
Nantu Mia alias Nandu Mia alias Namdu Miah and others Vs. State, 2006, 35 CLC (HCD)
.... was simple in nature. 26. He examined Abdul Kader and found the following injuries. 27. A swelling deformity of 11/2"x11/2" x 1/4" in size is found over third metacarpal bone region of right hand suggesting of fracture caused by blunt weapon, which was confirmed by X-ray examination later......l charge under section 326 of the Penal Code was framed against accused Raushan Ali and Hakim Ali, and under section 324 of the Penal Code was framed against accused Samsul Haq. The charges were read over to them who pleaded not guilty and claimed to be tried. 6. In course of trial the prosecutio...... hereby disposed of. Send down the lower Courts record at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 30...Category: Criminal Law | Date: | Hits: 44
Gour Chandra Pal Vs. State, 2006, 35 CLC (HCD)
....rted in: 59 DLR (2007) 17. ......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......long with LC record be sent to the Nari-o-Shishu Nirjatan Daman Bishes Adalat, Narail immediately for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 17. ..Category: Criminal Law | Date: | Hits: 45
Jugal Kumar Das (Shovon Ahmed) Vs. State, 2004, 33 CLC (HCD)
.............…………………………….….Respondent Judgment October 30, 2004 Lawyers involved: Shareef Ahmad, Advocate—For the Appellant. SM Aminur Rahim Chandan, Assistant Attorney-General—For the State. Criminal Appeal No. 195 of 1998. J......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...... of such improper Judgment. Let a copy of this judgment along with the LC records be sent to the concerned Court immediately. Ed. This Case is also Reported in: 59 DLR (2007) 11. ..Category: Criminal Law | Date: | Hits: 40
Eklimur Reza Khan Vs. State, 2005, 34 CLC (HCD)
....ted in 1994 BLD (AD) 155 and in the case of Md. Abdul Motaleb Mia vs. State reported in 7 MLR 458. 13. Mrs. Shamim Ara Dora, the learned Assistant Attorney-General for the State, on the other hand, submits that the accused petitioner filed this revisional application out of time by 4132 days......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......solute and the delay of 4132 days in filing the appeal be condoned. The office is directed to register the appeal in accordance with law. Ed. This Case is also Reported in: 59 DLR (2007) 7. ..Category: Criminal Law | Date: | Hits: 31
Abul Kashem Vs. State, 2005, 34 CLC (HCD)
....tting the money issued two separate receipts of the money on 24-7-1979 and 12-12-1979 respectively. Thereafter, the accused executed a kabala deed in favour of the complainant but the accused did not hand over the possession of the aforesaid land. It is further stated that the accused demanded Taka ...... the money issued two separate receipts of the money on 24-7-1979 and 12-12-1979 respectively. Thereafter, the accused executed a kabala deed in favour of the complainant but the accused did not hand over the possession of the aforesaid land. It is further stated that the accused demanded Taka 50,00......re from. The accused Alhaj Abul Hashem, who is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 1. ..Category: Criminal Law | Date: | Hits: 41
Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)
....ement to 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......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......sity between Johnson, the managing director of the Muir Mills, and Mc Robert. The directors of the Muir Mills came to a conclusion that Mc, Robert should not add to his voting power and “harass the management”. It was found to be abuse of fiduciary discretionary power of the directors when they ..Category: Company Law | Date: | Hits: 181
Mahmud Hussain Vs. Sayeb Ali & ors., 1988, 17 CLC (HCD)
.... with local authorities. The petitioner also filed a petition for rule of temporary injunction with ad-interim order against the opposite party No. 1 and 8 for restraining them from taking over and handing over charge of the office of the Chairman No. 3 Fulbari Union Parishad. The Election Tribu......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...... in 38 DLR(HC) 262. I do find nothing to interfere with the impugned order. Hence the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 44. ..Category: Election Law | Date: | Hits: 100
Momin Malitha & ors. Vs. State, 1988, 17 CLC (HCD)
....on and sentence of appellant Babu @ Badaruddin Malitha are bad and illegal and the same should be set aside. 10. Mr. A.B.M. Golam Majid, the learned Advocate appearing for the State on the other hand submits that the Appellant Nos. 1 and 2 have been rightly convicted and sentenced under secti......ushtia received the case for trial which was numbered as Sessions Case No. 4 of 1977. The trial was held with the aid of three assessors. The charge under sections 302/34 of the Penal Code was read over and explained to the accused in Bengali to which all of them pleaded not guilty and claimed to ......part subject to the modification with regard to his conviction and sentence as stated above. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 37...Category: Criminal Law | Date: | Hits: 52
Siddik Ali Vs. State, 1987, 16 CLC (HCD)
.... time after the calling of Jitu Miah in the house of appellant Siddik the informant heard a cry of Jitu Miah from the house of Siddik and the informant went to the house of Siddik with a lantern in hand and asked the mother of Siddik about the cry but Siddik's mother replied that nothing happened ......3. The learned Additional Sessions Judge, framed charge against appellant Siddik Ali, his mother accused Maram Chan and accused Nousha Miah under section 302/34 of the Penal Code. The charge was read over and explained to the accused who pleaded not guilty and claimed to be tried. 4. The defence ......tion and sentence passed on the appellant is set aside. Let the appellant be set at liberty at once if not wanted in any other connection. Ed. This Case is also Reported in: 41 DLR (1989) 26. ..Category: Criminal Law | Date: | Hits: 30
Ishaque Hossain Chowdhury Vs. Mrs. Shamsun Nessa Begum & ors., 1988, 17 CLC (HCD)
....venue, Dhaka, in charge of Vested Non-Resident Property and the Government of Bangladesh represented by Deputy Commissioner, Dhaka alleging that the suit property originally belonged to (1) Girish Chandra Mondal and (2) Rup Chand Mondal and while they were owners in possession, Rup Chand Mondal tr......before the Assistant Judge, 6th Court, Dhaka for a declaration against defendant Nos. 1 and 2 namely, Additional Deputy Commissioner Revenue, Dhaka, in charge of Vested Non-Resident Property and the Government of Bangladesh represented by Deputy Commissioner, Dhaka alleging that the suit property ......he suit and pass judgment in accordance with law as it may deem fit and proper. Communicate this order to the court below at an early date. Ed. This Case is also Reported in: 41 DLR (1989) 22...Category: Property Law | Date: | Hits: 39
State Vs. Badshah Mollah, 1988, 17 CLC (HCD)
....impugned order of conviction and sentence which should be upheld and accordingly, the Reference should be accepted and the sentence of death of the condemned-prisoner be confirmed. 8. On the other hand, Mr. Md. Shahjahan, learned Advocate on behalf of the condemned-prisoner submits that in fact, ......e case as it transpires from the trend of Cross-Examination of the P.Ws. and the suggestions put forward to them is that the informant and deceased Babu Mollah had enmity with accused Badsha Mollah over a dispute relating to some landed property and that there were village-factions and also dis...... set aside. We direct that the condemned-prisoner Badsha Mollah be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 11...Category: Criminal Law | Date: | Hits: 42
Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)
....but the accused Nos. 5 and 6 fraudulently withdrew the said amount in their own name and further took loan of about Tk. 4.80 lacs from Rupali Bank, Motijheel Commercial Area, Dhaka for purchasing 2nd hand engines in their own name instead of opening the L/C in the name of the company or BSRS. 8. ......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......is liable to be quashed. Accordingly, the rules are made absolute and the impugned proceeding is quashed. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 46...Category: Criminal Law | Date: | Hits: 67
Md. Mahtab Hossain Vs. Bangladesh University of Engineering & Technology, 1987, 16 CLC (HCD)
....pension is that there was no application of mind before passing the impugned order. No opinion was formed as to the nature of punishment to be inflicted upon the petitioner. 4. It is, on the other hand, the contention of the respondents that various serious allegations and reports against the pet......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 ......s have become infructuous. 22. In the result, the Rule is discharged but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 31...Category: Criminal Law | Date: | Hits: 74
Abdul Khalek Khan Vs. Government of Bangladesh, 1986, 15 CLC (HCD)
....and on the basis of settlement and the Lower Appellate court was wrong in reversing this finding of the trial court and dismissing the suit. 7. The learned Assistant Attorney General, on the other hand, submitted that the settlement was not a concluded one and it was merely a proposal of settleme......) 21.......Additional District Judge dismissing the suit is maintained. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 21...Category: Property Law | Date: | Hits: 36
Arab Bangladesh Bank Ltd. Vs. Ziauddin and others, 1998, 27 CLC (HCD)
....ompanies Act, 1991 the bank may not be injuncted in fulfilling their contractual obligation. 4. Mr. SH Nurul Huda Jaigirdar, the learned 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 ha......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 ......d by the trial Court while disposing of the suit on merit. The connected Memorandum of Cross Objection is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 36. ..Category: Banking Law | Date: | Hits: 122
Habib Bank Limited Vs. UAE Bangladesh Investment Company Limited and another, 1998, 27 CLC (HCD)
....xcess amount ought to have been sent back to the defendant No.1 as requested. They cannot retain the excess amount. 9. The learned Advocate appearing on behalf of the respondent No.1, on the other hand, submits that respondent No. 2 acted as agent of the plaintiff and on the advice and direction ......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 ......istered under section 3 of the Insurance Act, 1938 for any class of insurance business and a company, not being a banking company, a corporation or a firm, carrying on, as its principal business, the management, conduct or supervision, as the foreman or agent, of any transaction or arrangement by wh..Category: Banking Law | Date: | Hits: 136
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....se and other Approved Homes with utmost expedition.” 10. It has been asserted by the petitioner that despite such direction there is no meaningful implementation by the respondents. On the other hand, the learned Deputy Attorney- General submits that the present petitioner being the largest leg......dents to show cause as to why they should not be directed to conduct an immediate review of the cases of the prisoners and other 155 ‘under trial’ prisoners held in Dhaka Central Jail for periods over 360 days and to submit the report of the result of the review to this court within 4(four) week......is judgment be communicated (1) to the Office of the Attorney-General and (2) the Secretary, Prime Minister’s Office for necessary action. Ed. This Case is also Reported in: 57 DLR (2005), 11...Category: Criminal Law | Date: | Hits: 45
Satya Narayan Poddar Vs. State, 2001, 30 CLC (HCD)
....er has submitted that as the 15 days time given by law for making payment did not expire, there was no cause of action for filing the case and, as such, the case is liable to be quashed. On the other hand, the learned Advocate for the opposite party has submitted that though the complaint was filed ......18 may be applied. 8. The learned Advocate for the complainant OP could not explain why the complaint was filed before expiry of 15 days. But it is obvious that it was due to some misconception or oversight either on the part of the complainant or on the part of his lawyer. In order to uphold jus......charged. Stay granted earlier is vacated and he learned Magistrate is directed to dispose of the case expeditiously in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 403. ..Category: Criminal Law | Date: | Hits: 35
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