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National Bank Ltd. and others Vs. Habib Bank Ltd. and others, 2002, 31 CLC (HCD)
....s because of delay was never specifically raised anywhere any time and, as such, would not now be of much help. The contention of the learned Counsel for the respondent that this piece of evidence is inadmissible, not being raised anywhere in the four corners of their written statement, is however, ......nts. Vs. Habib Bank Ltd. and others..............Respondents Judgment February 18, 2002. Cases referred to- Bankers Trust Co. vs. State Bank of Indict (1991) 2 Lloyd's Report 443; Hing Yip Hing Fat Co. Ltd. vs The Daiwa Bank Ltd. of Honk Kong High Court; Miller vs Bahii Madho Das ...... within a reasonable time. He denied that it is incorrect that Habib Bank in collusion with the exporter negotiated the documents by giving back date. 11. The learned Judge on consideration of the evidence on record found that the documents marked Exhibits 2, 4, 5 and 9 filed by the plaintiff in ..Category: Business or Commercial Law | Date: | Hits: 202
Abul Hossain and others Vs. State and another, 2003, 32 CLC (HCD)
....esolved and decided in the case only on a proper discussion and assessment of evidence on record. This application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 12. ......er discussion and assessment of evidence on record. This application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 12. ......phamari PS Case No. 3 dated 6‑12‑1996 under sections 143/447/323/324/379/307/114 of the Penal Code and directing the trial Court to write a fresh judgment on retrial in the light of discussion of evidence made in the body of the judgment. 2. The informant filed a petition of complaint with th..Category: Criminal Law | Date: | Hits: 34
Shahinur Alam @ Shahin Vs. State, 2003, 32 CLC (HCD)
.... merit. Communicate the order at once to the Nari‑oÂ-Shishu Nirjatan Daman Tribunal, Rangpur for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 10. ......e Nari‑oÂ-Shishu Nirjatan Daman Tribunal, Rangpur for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 10. ......t. 8. Mr. Md. Abdus Samad Miah, the learned Advocate appearing for the appellant, submits that although the Court has wide power under section 540 of the Code of Criminal Procedure to call for any evidence not earlier recorded and any witness earlier examined by the Court, whenever it is found ne..Category: Criminal Law | Date: | Hits: 37
....6‑11‑2002 vide Annexure E to the writ petition is hereby declared to have been issued without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 56 DLR (2004) 1.
......hereby declared to have been issued without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 56 DLR (2004) 1.
......was violated by the petitioner. Allegation of pollution was made by Ferdous Ara‑Khanam on 13‑11‑2002 and before holding the alleged inquiry no notice was given to the petitioner and actually no evidence was taken from the local people and, in fact, the alleged inquiry made by respondent Nos. 1..
Category: Environmental Law | Date: | Hits: 226
Nannu Mia @ Habibur Rahman Vs. State, 2002, 31 CLC (HCD)
.... the charge thereunder. The appellant be set at liberty, if not wanted in any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 7. ......t liberty, if not wanted in any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 7. ......d out and explained to him. 5. At the trial out of 9 charge-sheeted witnesses 7 (seven) witnesses were examined as prosecution witnesses and defence adduced. 6. After closure of the prosecution evidence the appellant was examined under section 342 of the Code of Criminal Procedure and his stat..Category: Criminal Law | Date: | Hits: 43
Osiar Rahman Vs. Dharus Sunnah Islamia Madrasha, 1996, 25 CLC (HCD)
....4 of 1988 is set aside. The Other Suit No.14 of 1988 is restored to its original file and number. Send down the LC Records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 93. ...... Send down the LC Records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 93. ...... service or the proceedings, a suit by a person on whom no summons was served, for setting aside the ex parte decree is maintainable. It is also settled law that mere falsity of claim and or perjured evidence if non- service of summons be not proved will not support the action. The plaintiff, theref..Category: Civil Law | Date: | Hits: 66
Narayanganj High School and others Vs. Pran Ballave Saha Banik and others, 1998, 27 CLC (HCD)
....ffirmed by the District Judge, Narayanganj in Title Appeal No.60 of 1990, are maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 90.......itioners. Nikhilesh Dutta, Advocate —For the Opposite Parties. Civil Revision No. 988 of 1993. (From the judgment and decree dated 30-4-90 passed by the Senior Assistant Judge, Narayanganj in Title Suit No. 91 of 1989) Judgment Gour Gopal Saha J.- This Rule is directed against the ......esting defendant examined 2 witnesses in support of their case. After hearing the parties, the learned Assistant Judge by his impugned judgment dated 30-4-90 decreed the suit, on consideration of the evidence on record, with the findings that the impugned order dated 11-9-89 as contained in Memo No...Category: Employment/Service Law | Date: | Hits: 72
Nibash Chandra @ Chinu Vs. Dipali Rani and another, 1999, 28 CLC (HCD)
....y at once if not required in any other case. Bail bond is discharged. LC record along with copy of the judgment be sent down at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 87.......Bail bond is discharged. LC record along with copy of the judgment be sent down at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 87.......Barai and P.W. 5 is Parbati Charan Sarker. P.W.s were duly cross examined by the defence accused who examined no D.W. 342 Cr.PC statement of accused was recorded and kept with the record. 4. Upon evidence trial Court found the accused Nibash Chandra Sarker @ Chinu Sarker guilty under section 4 D..Category: Family Law | Date: | Hits: 175
American Express Bank Limited Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....2-93 to 1997-98 are without lawful authority and of no legal effect. In the result the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002)7. ...... legal effect. In the result the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002)7. ...... impugned letter dated 22-6-1998 of the respondent No.3 reopening income tax cases of the petitioner for six years from 1992-93 to 1997-98 (Annexure-1) and the continuation of the said proceedings as evidenced by notices of respondent No.3 dated 16-7-1998 (Annexure-k, k1, k2, k3, k4, and k5) shall n..Category: Fiscal/Taxation Law | Date: | Hits: 132
....sion we are of the opinion that the Rule is liable to be discharged. In the result the Rule is discharged. There will he no order as to cost.
Ed.
This Case is also Reported in: 54 DLR (2002) 1.
......be discharged. In the result the Rule is discharged. There will he no order as to cost.
Ed.
This Case is also Reported in: 54 DLR (2002) 1.
......Revenue extended the facilities to Industries having a paid up capital of 10 crore Takas or more. So, when the respondent No. 5 issued the letter dated 23-9-1997, requesting the petitioner to furnish evidence that it had a paid up capital of 10 crore takas, she was not acting arbitrarily or capricio..
Category: Fiscal/Taxation Law | Date: | Hits: 108
Sonali Bank and another Vs. Md. Harun, 1999, 28 CLC (HCD)
.... 43,000.00 are hereby affirmed with interest at the rate of 8% per annum till realisation. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 75.......n the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 75.......o have been sustained by the plaintiff in running the industry and for avoiding the repayment of the bank’s loan the present suit has been filed. 5. Both the parties adduced oral and documentary evidence in support of their respective cases. The learned Subordinate Judge then by his judgment da..Category: Civil Law | Date: | Hits: 72
Kadam Ali Bhuiyan (Md) Vs. Begum Saheda Nur, 2007, 36 CLC (HCD)
....er at the time of issue of the Rule on 20-4-1999 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 175; 13 MLR (HCD) (2008) 242. ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..Opposite-Parties Judgment February 15, 2007. Result: The Rule is made absolute Right to easement If a pathway is used for egress and ingress from his (her) land by anybody for more than twenty years as an easement, nobody or authorit......earned Advocate took me through the record and submits that existence of the pathway would be found in Exhibit 1 and was not denied in the written statements of the defendants and proved by oral evidence of the plaintiff's witnesses and the court of appeal below without considering those eviden..Category: Property Law | Date: | Hits: 30
AVP, Uttara Bank Ltd. Vs. Shahabuddin Khan and others, 2006, 35 CLC (HCD)
.... cost. Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 166. ......reme Court High Court Division (Civil Revisional Jurisdiction) Present: AKM Fazlur Rahman J AVP, Uttara Bank Ltd. ............Petitioner Vs. Shahabuddin Khan and others...………Opposite-Parties Judgment June 27, 2006. Cases Re......rdinate staffs under him and that he had no managerial, administrative or supervisory power. 7. At the trial six PWs and three DWs were examined. Besides this, both sides adduced docuÂmentary evidence. The learned Senior Assistant Judge on consideration of the evidence on record decreed the ..Category: Employment/Service Law | Date: | Hits: 69
Torab Ali (Md) Vs. Government of the People's Republic of Bangladesh and Others, 2005, 34 CLC (HCD)
....-charge), Gouripur passed in Other Class Suit No. 82 of 1994 are affirmed. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 154. ...... is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 154. ......r is good service on the Government. This view also finds support from the decision in the case of Government of Bangladesh vs Ramananda Sarker reported in 54 DLR (AD) 35. 11. Considering the evidence of PW 1 and Exhibit Kha series as discussed above I am inclined to hold that the plaintiff-..Category: Property Law | Date: | Hits: 32
Continental Traders Vs. Bangladesh Textile Mills Corporation and others, 2006, 35 CLC (HCD)
....ore, dismissed. 23. The respective parties are directed to bear their respective costs. Send down the LC Records at once. Ed. This Case is also Reported in: 59 DLR (2007) 151. ...... also Reported in: 59 DLR (2007) 151. ......tiff recoverable from the defendant on account of short delivery of goods or damage of the goods. If so, to what extent? 4. To what relief, if any, are they entitled? On considering the evidence and materials on record, the trial Court decreed the suit by its judgÂment and decree date..Category: Civil Law | Date: | Hits: 87
Abul Kalam (Md.) Vs. Md. Habuluddin and others, 2007, 36 CLC (HCD)
.... thousand. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 59 DLR (2007) 137. ......upreme Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Abul Kalam (Md.).............Petitioner Vs. Md. Habuluddin and others…………Opposite-Parties Judgment February 19, 2007. Cases Re......filing a written objection denying all the allegations. 4. The petitioner and the opposite parties both examined three witnesses each in support of their respective cases. After closure of the evidence at the trial of the case, the Election Tribunal fixed 8-5Â-2004 for arguments. 5. T..Category: Election Law | Date: | Hits: 99
Monir Hossain Vs. Artha Rin Adalat No.4, Dhaka & others, 2010, 39 CLC (AD)
....rit petition is not legally maintainable. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 236. ......The petition is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 236. ...... to consider that plaintiff must prove its case whether the matter is heard in ex parte or on contest and in the instant case, the ex parte decree having been passed suo moto in the absence of proper evidence and materials, the High Court Division ought to have interfered with the ex parte decree. ..Category: Civil Law | Date: | Hits: 78
Abdul Malek (Md) and another Vs. Sanowar Hossain and others, 2007, 36 CLC (HCD)
....er passed by the Court of Appeal below is affirmed. Let the lower Court records along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 124. ......eme Court High Court Division (Civil Revisional Jurisdiction) Present: Moyeenul Islam Chowdhury J Abdul Malek (Md) and another.......................Petitioners Vs. Sanowar Hossain and others……………………..Opposite Parties Judgment January 21, 2007. Cases Re......r defect of parties. The pre-emptor is not a co sharer in the land under pre-emption. As such, the case of the pre-emptor should be thrown out. 5. After hearing the parties and on appraisal of the evidence and materials on record and in the facts and circumstance of the case the trial Court dismi..Category: Property Law | Date: | Hits: 39
Chairman, RAJUK Vs. Abdul Matin Crore, 2006, 35 CLC (HCD)
....stands dismissed. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 118. ...... High Court Division (Civil Appellate Jurisdiction) Present: Siddiqur Rahman Miah J SM Ziaul Karim J Chairman, RAJUK.........Appellant Vs. Abdul Matin Crore..........Respondent Judgment May 25, 2006. Cases Referred To- M......otice as required under section 169 of the Town Improvement Act, 1953 was served to defendant before institution of the suit. Mr. Khan lastly submits that the trial Court failed to weigh and sift the evidence on record as required by law and evidently fell in an error in coming to his ultimate decis..Category: Property Law | Date: | Hits: 31
Muktar Hossain and others Vs. A Matin Sarker and others, 2007, 36 CLC (HCD)
.... 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. ...... Ed This Case is also Reported in: 59 DLR (2007) 116. ......ubordinate Courts are thereÂfore, required to ascertain the intention of the parties in the transaction in the surrounding circumstances and to guard not to be swayed away mechanically by such cheap evidence. There is no scope to accept mechanically the agreement and sale deed together to constitut..Category: Property Law | Date: | Hits: 27
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