Search Options
Judgment Advanced Search
Displaying 2821-2840 of 2921 results.
W B Industrial Corporation Ltd. and others Vs. Deen Mohammad Rana and another, 1996, 25 CLC (AD)
....r on n the approval from the Board of Directors of the Bank in respect of the settlement reached. By a letter dated 22 February 1990, the Bank informed the plain that the industry had already been sold to respond No. 1 for a sum of Taka 60,00,000.00 only. The sale was fraudulent and collusive. T......laintiff No. 1 took loan from the Bangladesh Shilpa Bank for a sum of Taka 1,22,58,702 during the period from December 1979 to June 1981 and repaid altogether a sum of Taka 45,2 1 lakh. The Bank recalled the entire loan with interest under Article 32 of the Bang Shilpa Bank Order. By a notice, d...... place it before us. They have failed to assail the above findings of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 50 ..Category: Business or Commercial Law | Date: | Hits: 107
Moudud Ahmed Vs. State, 1996, 25 CLC (AD)
....harges on 17.3.92 by the Senior Special Tribunal Judge, Dhaka in Special Case No.1 of 1992 against the petitioner, a former Vice-President, Deputy Prime Minister and Prime Minister of Bangladesh as also against Lt. General (Retd.) Hussain Mohammad Ershad, a former President and Mr. Shafiqul Gani a f......ainst the petitioner rises or falls along with the rise and fall of the summary dated 12.1.87, As already observed the learned Third Judge has found other materials on record which prima facie can be called in aid in support of the prosecution allegation against the petitioner. We are not concerned ......ch stands settled by various previous decisions of ours. 17. We therefore find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 42 ..Category: Anti-Corruption Laws | Date: | Hits: 105
Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)
....lege and others, arise out of judgment and order dated 18.5.1994 passed by a Division Bench of the High Court Division in Writ Petition Nos. 2141, 2142, 2143, 2195 and 2196 of 1993 making the Rules absolute therein and declaring that the notification dated 20.10.1993 issued under the signature of th......e College for good. The Principal, however, thought it necessary to get the approval of the Academic Council for the decision taken in the Disciplinary Committee and immediately a Council meeting was called at 8-30 PM. The said meeting of the Academic Council started with the Principal in the Chair ......pugned judgment and order passed by the High Court Division. Accordingly all the appeals are dismissed without any order as to costs. Ed. This Case is also reported in: 48 DLR (AD) (1996) 33. ..Category: Constitutional Law | Date: | Hits: 169
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
....6 of 1992) Judgment Mustafa Kamal J.- These two appeals by leave are from the same judgment and order of the High Court division dated 18.8.92 discharging the Rule in part and making the Rule absolute in part in Writ Petition No.1286 of 1992. The writ petition is the appellant in CA No.73 of 1...... Telephone Exchange. The cellular radio telephone system became operational by January 1991 and in order to inter-connect the Uttara cell site and Maghbazar cell site BTL applied for inter-connection called Public Switch Tel. Network, shortly PSTN. BTTB issued a demand note for nearly Taka 41 lakh w......etition in respect of this system is allowed. No order as to costs. Civil Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20..Category: Information Technology Law | Date: | Hits: 242
Abdul Wadud Vs. State, 1995, 24 CLC (AD)
....ision in Criminal Revision No. 291 of 1991). Judgment Mustafa Kamal J.- In agreeing with the ultimate order passed by my learned brother Ismailuddin Sarker, J., I would like to give my own reasons for dismissing the appeal. 2. Before the Code of Criminal Procedure was further amended by ......ded by Act No. XLII of 1992 will be applicable to the pending cases. In the result, the appeal is dismissed. Ed. This Case is also Reported in: (1995) 3 BLT (AD) 236, 48 DLR (AD) (1996) 6.......e and vested right of stoppage and release. It was fettered and chained with the prosecution’s right to revive the proceeding. Now both the corresponding rights are gone. No one can complain of any loss thereby. By necessary intendment the new Act will be retrospective in operation in so far as su..Category: Criminal Law | Date: | Hits: 75
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
....on 29.4.67 under section 165A of the Pakistan Penal Code and under section 161 of the Pakistan Penal Code respectively and have been heard together and are disposed of by one Judgment. It may be also noted here that while admitting the appeal of the accused Taru Mian, in Criminal Appeal No. 362 ......I should mention that PW 4 Sabia Khatun says in her examination in-chief: "We are bharatias of accused Gani from last 9 years". PW 5 Anijumannessa in her examination-in-chief says "I called the Bariwala ie, accused Gani and requested him to do something in the matter." She has......Tongi Outpost at the relevant point of time. There is no explanation from the prosecution side as to how a charge sheet was submitted against accused Taru Mian." After that finding, I am at a loss to understand how the learned Special Judge could arrive at his decision in convicting the acc..Category: Criminal Law | Date: | Hits: 68
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
....e PLD 1964 Pesh. 1: Abdus Shukur vs. The State 16 DLR Dacca 147: Wazir and others vs. The State PLD 1960 Kar 74. Lawyers Involved: Latifur Rahman, Advocate —For the Condemned Prisoner. ATM Masud, Deputy Legal Remembrancer with Abdul Batin—For the State. De...... sent may his wife to her father's house about 10 days before the occurrence. Accused Lutfor Fakir slept in the southern bhiti hut. SBBC time after mid-night deceased Dulal's pond mother Saju Bibi called PW 2 Bano Hi and asked her whether Dulal had gone hut. Thereafter PW 2 Bano Bibi and Saju Bi...... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ..Category: Criminal Law | Date: | Hits: 62
Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)
....possess the plaintiffs and their co-sharer from a portion of the land of the patta in 1947 resulting in a criminal case under sections 143 and 447 of the Pakistan Penal Code and that two accused persons in the said criminal case including defendant No. 1 were summoned but a solenama disclaiming ......shmanna and others vs. Tangirala Venkateswarla 2 DLR 83 (PC). Their Lordships of the Judicial Committee of the Privy Council held in the said case to the following effect: "What is called the burden of proof on the pleading should not be confused with the burden of adducing ev......servations made above after discussing and considering all the material evidence on record. 18. In the facts and circumstances of the case, there will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 59
Rabiul Hossain Vs. Chairman, District Council Khulna and DC Khulna and others, 1972, 1 CLC (HCD)
....ry — For the Respondents. Petition No. 138 of 1968. Judgment: Maksum-ul-Hakim J: In this Rule the petitioner challenges the legality of a resolution passed by the Khulna District Council on 23.1.1968 removing the petitioner from the office......al also does not claim of any prior notice in respect of this report. On receipt of the letter of the Controlling Authority, the Deputy Commissioner who is also the Chairman of the District Council called a meeting of the District Council on 23.1.68. The petitioner contends that this notice was ......s petition was passed without lawful authority and has no legal effect. The petitioner is entitled to his cost of this petition which we assess at Rs. 51.00 (Rupees fifty one-only). Ed. ..Category: Others | Date: | Hits: 92
Abul Hossain and Abul Md. Vs. Amatu Md., 1972, 1 CLC (HCD)
....order passed by Mr. AH Chowdhury, Sessions Judge, Dinajpur, directing that the petitioner Abul Hussain alias Abul Md. be committed to the Court of Session to stand trial along with other accused persons already committed. 2. The facts of the case are, that upon an information lodged by opp......t the station the case was transferred to Mr. A Huq, lawyer-Magistrate on 27.3.68 and he examined twelve more witnesses for the prosecution upto 1.11,68 and after close of the prosecution evidence called upon defence on 26.11.68 to supply list of DWs. Defence took some adjournments and on 20.1.6...... learned Sessions Judge directing that the petitioner be committed to the Court of Sessions for trial is set aside. Let the records be sent down expeditiously to the court concerned. Ed. ..Category: Criminal Law | Date: | Hits: 82
Pronab Kumar Majumder Vs. Hatem Mondal and others, 1972, 1 CLC (HCD)
.... Procedure the petitioner Sree Pronab Kumar Majumder obtained the Rule praying for setting aside the judgment and order date 17.1.70 passed by learned Subordinate Judge of the Additional Court, Jessore in Miscellaneous Appeal No. 126 of 1969 by which the petitioner's prayer for temporary injunct......I make no order as to costs. However, I direct the learned Munsif to dispose of the suit as expeditiously as possible. Let the records of this case be sent down expeditiously. Ed. ......t with regard to any joint family properties in West Bengal. His further submission is that in pursuance of the will the petitioner is in possession of the properties and he will suffer irreparable loss if no temporary injunction be granted till the disposal of the suit. The learned Advocate furt..Category: Civil Law | Date: | Hits: 100
Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)
....p; Nurul Islam J.- This Rule arises out of an application under section 115 of the Code of Civil Procedure at the instance of some of the defendants in a suit for realisation of arrear house rents and is directed against the ......o proceed with the Money Suit expeditiously immediately after the decision of the Title Appeal in due time in accordance with law. The connected application is also thus disposed of. Ed. ...... Money Suit should be stayed till the disposal of the previously instituted Title Suit No. 114 of 1965 of the same Court and asserting, inter alia, that the said defendants would suffer irreparable loss if the further proceedings of the Money Suit were not stayed inasmuch as the plaintiff of the ..Category: Property Law | Date: | Hits: 86
SK Shamsul Huda Vs. EPWAPDA, 1972, 1 CLC (HCD)
....egs 2' to 3' length of 2"X2" size 7,600 Nos. at Rs. 20/-per number. 4. The measurement as given above relates to the work at Koroiardia. Similar; work at the same rate were also required to be done at Mognama and Ujantia. The work in item No. 1 in Magnama was stipulated 3,5......em Nos. 2 and 3. The plaintiff claimed that on the basis of this calculation he was entitled to a sum of Rs. 25,028/67 paisa on this account and claimed payment accordingly. The Executive Engineer called the plaintiff nine times to Cox's Bazar from Chittagong, but did not ultimately make the pay......e to the fact that the work in question had already been undertaken and most of the work had already been completed. It was further pointed out in this letter that the plaintiff would suffer heavy loss if the rate is unilaterally changed at that stage. The plaintiff accordingly refused to accept..Category: Others | Date: | Hits: 98
Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)
....1966. Judgment: T H Khan J.- This Rule is directed against an order dated 20th August, 1966 passed by the learned Munsif, 2nd Court, Narail, district Jessore setting aside a compromise decree in Rent Suit No. 602 of 1962 in a proceeding under section 1......on remand to the trial Court for disposal of the case in accordance with law and in the light of the observations made in this judgement. I leave the parties to bear their own costs. Ed. ......I have no manner of doubt that she has prosecuted the application under section 151 of the Code of Civil Procedure bonafide. So, it hardly needs mention that she cannot be held responsible for the loss of time covering the period between the date of presentation of the said application and the d..Category: Property Law | Date: | Hits: 69
Golam Kader Vs. State, 1972, 1 CLC (HCD)
....laced on trial on charges under sections 366 and 376 of the Pakistan Penal Code for abducting one Sharifunnessa, the wife of the complainant Abul Hossain. The trial was held with the aid of 4 assessors who were unanimous in their opinion that the appellant was guilty of the offence under section......s substantive evidence and that the trial Court may accept the same or any part of it in preference to the evidence, or any portion thereof, given in the trial Court, nevertheless, the court is called upon to exercise care and caution in accepting such evidence when there is a serious clash ......on and sentence passed by the learned Sessions Judge is hereby set aside. We direct that the appellant be set at liberty forthwith if not wanted in connection with any other matter. Ed. ..Category: Criminal Law | Date: | Hits: 59
AKM Shamsuzzaman Khan Vs. Chairman EPRTC, 1972, 1 CLC (HCD)
....his earning capacity. The Administrative Officer of the respondent Corporation assured the appellant that he would be paid lawful compensation after calculating the sum and asked him to see him on-some future occasion. The appellant saw the Administrative Officer for the last time in April, 1966......e of the amount of Rs. 8400.00 should be so deposited within the period stipulated as above. The appellant worker is entitled to his costs throughout and we order accordingly. Ed. ......, over and above sustaining disability in his left leg, he partially lost his eye sight and hearing capacity. He thereafter lodged his claim with the defendants respondents for compensation due to loss of his earning capacity. The Administrative Officer of the respondent Corporation assured the ..Category: Labour and Industrial Law | Date: | Hits: 118
Daulatpur Jute Mills Ltd. Vs. Income Tax Officer and ors., 1972, 1 CLC (HCD)
....on (2B) of section 34 did not operate retrospectively. 5. In the year 1966 sub-section (B) of the Income Tax Act was amended, and not only was the period of limitation further amended but also the section was made to operate retrospectively. 6. As a result of these amendments the ......under the Business Profits Tax has been levied is 1.7.54 to 30.6.55. A notice was issued upon the petitioner under section 11 of the Business Profits Tax Act, 1947 (Act No XXI of 1947), hereinafter called the Act, on 26.6.62 and on the same day an order of assessment was made. The petitioner havi......ugned notice and all proceedings thereunder as without lawful authority and of no legal effect. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 106
Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)
....es out of Title Suit No. 67 of 1958 filed by the plaintiffs in the Court of Munsif at Sandwip for recovery of khas possession of the suit premises on establishment of their title in the same and also for declaration to the effect that the kabuliyat dated 6.9.46 in the name of the defendant No. 1......hat where there is no danger at any point of time of any further breach of public peace taking place, then manifestly the invocation of the summary procedure provided by this section is no longer called for and should be put an end to." Considered from the said principle of la...... appeal is dismissed with costs; and the judgment and decree passed by the Courts below are affirmed. The leave as prayed for under Clause 15 of the Letters Patent is refused. Ed. ..Category: Property Law | Date: | Hits: 69
Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)
.... Judge Dinajpur and sentence to transportation for life. 2. In short, the prosecution case is, that the deceased Jahiruddin married, accused Amina Khatun some 8 or 10 years ago but they were not pulling on well and Amina Khatun used to live mostly in th......ued that the conviction of the accused appellants for abetment of the substantive offence without any formal charge under sections 302/109 PPC against them is erroneous in law inasmuch as they were called upon to answer the charge for substantive offence of murder under sections 302/34 PPC. The ......iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ..Category: Criminal Law | Date: | Hits: 76
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....eatham, reported in (7907; A.C. 495, at page 506. Lawyers Involved: ATM Masud, Deputy Legal Remembrancer with Md Batin—For the State. AW Mallik—For the Condemned Prisoner. Death Reference No. 6 of 1970 and Appeal No 237 of 1970. Judgment: &nb......she, her Fufa' and Fufu' observed fast. They got up at the time of Sehri, and after taking 'Sehri’ they again went to bed. The accused Abdur Rashid is the step-son of her 'Fufu'. Abdur Rashid called his 'Fufu' to serve him tobacco. At that time, PW 4 and her brother Siraj Mia also got up fr......before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ..Category: Criminal Law | Date: | Hits: 154
762759757755750745744743738737733730729728727724723720716712