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Abdur Rahman Kha (Md) Vs. State, 2002, 31 CLC (HCD)
....e instance of informant Md. Abdur Rahman Kha, on an application under section 439 of the Code of Criminal Procedure, this Rule was issued calling upon the Deputy Commissioner, Jhalakathi and opposite party No.2 Samir to show cause as to why Order dated 20‑4‑2000 so far as it relates to discharge......er be heard afresh by the learned Judge and orders be passed in accordance with law. The stay order passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 213. ......er be heard afresh by the learned Judge and orders be passed in accordance with law. The stay order passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 213. ..Category: Criminal Law | Date: | Hits: 82
Mohammad Syed Vs. State, 2004, 33 CLC (HCD)
....Miscellaneous Case No. 11011 of 2003. Judgment Md. Ali Asgar Khan J.- This Rule on an application filed under section 561A of the Code of Criminal Procedure was issued calling upon the opposite parties to show cause as to why the judgment and order dated 26‑7‑2003 passed by the learned Add......tar Mistry for making the truck. Moktar Mistry accordingly, gave him a bill of Taka 33,000 as his charge for making the truck. He was short of money and accordingly, he could not make arrangement for payment of Taka 1,65,000 and as per advice of the accused No.2 he took Taka 1,65,000 from the accuse......discharged with the observation as made above. Send down the lower court records with a copy of this order to the court concerned. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 210. ..Category: Criminal Law | Date: | Hits: 45
GM Morshed Vs. City Bank Ltd. and others, 2004, 33 CLC (HCD)
....No. 8206 of 2001. Judgment Md. Ashfaqul Islam J.- This Rule was issued under section 561A of the Code of Criminal Procedure at the instance of the accused petitioner calling upon the opposite parties to show cause as to why the proceeding of Petition Case No. 1741 of 2000 under section 138 o......nter alia, that the accused enjoyed the facilities of loan but failed to repay the amount of loan on repeated reminders. The total amount of loan payable by the accused is Taka 13,51,535.98 and for repayment of part of the said loan the accused issued two cheques dated 30‑9‑1999 and 3‑2‑2000......omplainant filed a petition of complaint on 304‑2000 against the accused petitioner in the Court of Metropolitan Magistrate, Dhaka alleging, inter alia, that the accused enjoyed the facilities of loan but failed to repay the amount of loan on repeated reminders. The total amount of loan payable ..Category: Banking Law | Date: | Hits: 237
Loskor Md Mostan Billah Vs. State, 2002, 31 CLC (HCD)
....med by any public servant for any act done by him in the capacity of a public servant unless it is established that the act has been done bona fide. But only after considering evidence adduced by the parties in a case, it can be decided whether the act done is bona fide or not. Hence we are of the v......herefore, has no substance. In the result, the Rule is discharged. The order of stay passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 199. ......herefore, has no substance. In the result, the Rule is discharged. The order of stay passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 199. ..Category: Criminal Law | Date: | Hits: 56
State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)
....assengers or from the front of Hotel Castle Salam the boy ran away or that his name is Akimul and that the boy wears a full shirt. 21. Md. Fazlul Karim (PW 29) a police officer, states that he has partly investigated the case, He proves the first information report form filled up by Inspector Abu......dris Jamai be set at liberty forthwith if not wanted in connection with any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 185. ......dris Jamai be set at liberty forthwith if not wanted in connection with any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 185. ..Category: Criminal Law | Date: | Hits: 110
Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)
....by a revolver or a pistol. Post mortem report is Exhibit 21. 10. A bird's view of prosecution case divulged during trial may be taken heed of Enmity existed for a long period between Informant PW1 party and accused party. On 18‑3‑1994 squabble took place over a damage caused by accused person...... and Abdus Salam Kha guilty of the charge and convicted them thereunder. Following conviction they were sentenced to undergo Imprisonment for Life and, to pay a fine of Taka 5,000 each, in default of payment of fine they were, also, to meet with Rigorous Imprisonment for six (6) months more. Accused......kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ..Category: Criminal Law | Date: | Hits: 54
Md. Abdur Rashid Akand Vs. Md. Raisuddin and others, 2010, 39 CLC (AD)
....itioner contended that the plaintiff having not challenged the order of review in the higher forum, the High Court Division committed error of law in not deciding the right, title and interest of the parties in the suit land. Learned Counsel further contended that as the High Court Division did not ......ality in the said exercise of power in this case. There is no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 63, VIII ADC (2011) 39.......ality in the said exercise of power in this case. There is no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 63, VIII ADC (2011) 39...Category: Property Law | Date: | Hits: 48
Ocean Containers Ltd. Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)
....given to such legislation. The tendency of modem legislation is to lay down general principles and avoid giving administrative details. The necessity for delegation of legislative power to a public department or executive body lies in the fact that the Parliament has simply no time for the discussio......id SRO are illegal and without jurisdiction. In the result, the Rule is made absolute for the above reasons without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 250.......id SRO are illegal and without jurisdiction. In the result, the Rule is made absolute for the above reasons without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 250...Category: Fiscal/Taxation Law | Date: | Hits: 86
Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)
....the attendance of the accused at the time of the trial and that the proper test to be applied for the solution of the question whether bail should be granted or not is whether it is probable that the party will appear to take his trial. 16. In G Narasimhula Vs. Public Prosecutor, 1978 CriLJ 502; ......udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241.......udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241...Category: Criminal Law | Date: | Hits: 79
Category: Property Law | Date: | Hits: 54
Russel Vegetable Oil Ltd. Vs. Collector of Customs and others, 2000, 29 CLC (HCD)
....delivered. 12. Md. Bazlur Rahman Chhana, the learned Deputy Attorney-General appearing with the leave of the Court, submits that the petitioner was required to show independent reliable materials apart from the invoice to establish that the invoice value was the normal value prevalent at the time...... that the High powered committee arbitrarily and fictitiously raised tariff value without any objective material before it, the High Court Division ought not to rush into issuing a Rule Nisi and stay payment of duties and taxes. It should take notice under section 114(e) of the Evidence Act 1872 and...... two months. There shall be no order as to costs. Let a copy of this order be sent to the Commissioner of Customs, Chittagong. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 382. ..Category: Fiscal/Taxation Law | Date: | Hits: 79
Abdul Ahad @ Md. Abdul Ahad Vs. State, 2000, 29 CLC (HCD)
....enal Code. In the said order, the learned Magistrate pointed out that in a proceeding under section 133 Cr.P.C. being Criminal Miscellaneous Case No.26 of 1983, petitioner and others, who were second party of the said proceedings were directed to remove obstructions from a river. The said order has ......86 pending in the Court of Upazila Magistrate, Jagannathpur, District Sunamganj are quashed. The Rule is accordingly, made absolute. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 379.......86 pending in the Court of Upazila Magistrate, Jagannathpur, District Sunamganj are quashed. The Rule is accordingly, made absolute. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 379...Category: Criminal Law | Date: | Hits: 57
Commissioner of Taxes Vs. Bangladesh Rural Advancement Committee (BRAC), 1999, 28 CLC (HCD)
....ablished only for charitable purposes and no income or property was held by the institution for any other purpose. The income that has been derived out of ‘Arong’ and BRAC printers were not kept apart for application in other purposes. It is according to Mr. Ahmed a 100% charitable institution. ......estions put to us in the reference applications are in the affirmative. These two Reference Applications are accordingly disposed of. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 152. ......estions put to us in the reference applications are in the affirmative. These two Reference Applications are accordingly disposed of. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 152. ..Category: Fiscal/Taxation Law | Date: | Hits: 99
Category: Employment/Service Law | Date: | Hits: 72
Tahera Khatun Bibi and others Vs. Abdul Jalil Mandal and others, 1998, 27 CLC (HCD)
....order dated 29-9-88 passed by the Assistant Judge, Gobindaganj, in Miscellaneous Case No. 64 of 1984 disallowing pre-emption. 2. Short facts relevant for the purpose of the case are that, opposite party Nos.1 and 2 as pre emptors filed a case land under section 96 of the State Acquisition and Ten......ption is allowed. Send down the lower Court records at once. The order of status quo granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 134. ......ption is allowed. Send down the lower Court records at once. The order of status quo granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 134. ..Category: Property Law | Date: | Hits: 56
A. F. M. Obaidur Rahman Vs. Md. Asgar Ali and others, 2003, 32 CLC (AD)
....rit-respondent-petitioners seek leave to appeal against the impugned judgment and order dated 25.8.2003 passed by the High Court Division in Writ Petition No. 1248 of 2003 making the rule absolute in part declaring that by not holding election according to law the action of the respondent has become......ny infirmity in the impugned judgment of the High Court Division for interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 34, 63 DLR (AD) (2011) 80. ......ny infirmity in the impugned judgment of the High Court Division for interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 34, 63 DLR (AD) (2011) 80. ..Category: Civil Law | Date: | Hits: 116
Hanif Sheikh (Md.) Vs. Asia Begum, 1998, 27 CLC (HCD)
....under section 493 of the Penal Code and sentencing him thereunder to suffer RI for two years and to pay a fine of Taka 500.00, in default, to suffer RI for a further period of 15 days. 2. Opposite party No.1 Asia Begum lodged a petition of complaint in the Court of the Upazila Magistrate, Faridga......he charges leveled against him. The accused petitioner is discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 129.......he charges leveled against him. The accused petitioner is discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 129...Category: Criminal Law | Date: | Hits: 67
Omar Faruk (Md.) and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....ioners are to be rejected. Accordingly, these two review applications being Review Application Nos.15 and 16 of 1998 are rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 118. ......rport, Dhaka on 10-5-98 from Singapore and carried 130 tolas of gold in 13 bars and 4 kg silver in two separate polythene covered packets. He kept these goods on the table of the Excise Inspector for payment of taxes. He made a self-declaration before the Inspector about the gold and silver carried ......ioners are to be rejected. Accordingly, these two review applications being Review Application Nos.15 and 16 of 1998 are rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 118. ..Category: Fiscal/Taxation Law | Date: | Hits: 90
Nasim Anwar Hossain Vs. Bangladesh Bank and others, 2010, 39 CLC (HCD)
....nal guarantor against a loan, can be included in the CIB report. We have perused the writ petition and the papers submitted therewith, considered the submissions of the learned Advocates for both the parties, and carefully examined the law and decisions cited by the learned Advocate for the petition......e said company took loan from two banks namely Dhaka Bank Ltd. and Bank Asia Ltd. The petitioner was also a personal guarantor against the said loans. Due to financial strain the company defaulted in payment of the loan within the stipulated time, for which the said banks reported to Bangladesh Bank......ainst borrower code No. 56421. 2. The petitioner’s case in short is that she is a share holder to the extent of 15% in the said Ben-Lub Pte Ltd. In course of its business, the said company took loan from two banks namely Dhaka Bank Ltd. and Bank Asia Ltd. The petitioner was also a personal gua..Category: Civil Law | Date: | Hits: 167
Md. Arif Gaffar Vs. Artha Rin Adalat, Khulna and others, 2010, 39 CLC (HCD)
....or the respondents. Writ Petition No. 9797 of 2008 Judgment Md. Ruhul Quddus J.- This Rule Nisi, was issued at the instance of the writ petitioner Md. Arif Gaffer, a judgment debtor in an ex parte decree passed by the Artha Rin Adalat, Khulna to examine the legality of order dated 1.12.2008......der of stay. The decree holder bank also published auction notice in news-papers and wanted to sell the mortgaged property, but failed. Thereafter the bank, in order to compel the judgment debtor for payment of the decretal amount, filed application for warrant of arrest to put him in civil prison u......s (herein respondent Nos. 2-3) instituted Artha Rin Suit No.27 of 2006 before the Artha Rin Adalat, Khulna against Makkah Poultry Feeds Ltd., a registered company and its directors for realisation of loan amounting Tk. 1,78,54,736/- (one crore seventy eight lac fifty four thousand seven hundred thir..Category: Civil Law | Date: | Hits: 169