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Suruzzamal Vs. Bangladesh, 1993, 22 CLC (AD)

....aimed by the petitioner, belonged to a Bangladeshi, named Dr. Shamim who had taken loan from Rupali Bank, previously Muslim Commercial Bank, in June 1970 but could not repay the loan. Thereupon the bank filed a Money Suit, obtained a decree and put it into execution in Money Execution Case No. 2......up these appeals soon, the Bench will take Ste for their disposal by some other Bench. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 164 ..

Category: Property Law | Date: | Hits: 101

Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)

....din would go to Narail the next day at about 6‑55 AM. P.W.s 3, 4 and 5 walking on foot came up to the end of the Kalia Pourashava boundary, about 200/250 yards away from the Kheyaghat on the bank of the river Nabaganga, where a dilapidated signboard of the Pourashava was hanging. That was ......ants are acquitted. Let the appellants be set at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ..

Category: Criminal Law | Date: | Hits: 60

New Ideal Engineering Works Ltd Vs. Bangladesh Shilpa Bank and others, 1993, 22 CLC (AD)

.... prospective tenderers with higher offers. It appears that tender was called earlier also and respondent No. 8 alone made an offer of Tk. 20 lakhs which was now raised to cover the entire dues of the bank. 7. The petitioner, who was not only a defaulter, was alleged not to have started the Engine......t Division which amounts to withholding of material facts and is a further instance of unclean conduct. The petition is dismissed. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 138. ..

Category: Banking Law | Date: | Hits: 142

Haji Sk Md. L Rahman Vs. Chair, Court of Settlement, BD Abandoned Building & anr, 1993, 22 CLC (AD)

.... case after giving adequate opportunities to the parties to prove the genuineness or otherwise of the kabala in question. Ed. This case is also reported in: 45 DLR (AD) (1993) 136 ......O 16 of 1972. 4. This material finding of the court of Settlement was challenged before the High Court Division mainly contending that the Court of Settlement misread and misconstrued these documents namely, the kabala and the indenture of lease of agreement and wrongly held that the prop..

Category: Property Law | Date: | Hits: 63

State Vs. Abdul Muttaleb Khan alias Abdul Mataleb Khan, 1993, 22 CLC (AD)

....e respondent. The sentence of fine is also reduced to Tk. 250.00 in default the respondent will undergo RI for one month. Ed This case is also reported in: 45 DLR (AD) (1993) 131 ......n the deposition of 10 more witnesses, who were examined in the earlier trial, under section 33 of the Evidence Act. Besides oral evidence, the servant registers, cash book, rent receipts and other documents, Exts. 1‑ 130 were produced and proved at the trial. The question is whether the re..

Category: Criminal Law | Date: | Hits: 41

Secretary of Aircraft Engineers of BD & anr Vs. Registrar of Trade Union & ors , 1993, 22 CLC (AD)

..... However, this Judgment will not affect the existing Agreements, if any, between any of the appellants and the Biman. Ed. This case is also reported in: 45 DLR (AD) (1993) 122 ...... services rendered by its employees, namely, (i) Bangladesh Biman Ground Services and (ii) Bangladesh Biman Flying Services. He asked the seven registered trade unions of the Biman to submit their documents to his office for obtaining proper registration certificate. The Resistrar then caused a ..

Category: Labour and Industrial Law | Date: | Hits: 103

Alfu Miah and others Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (AD)

....rom interfering with the impugned order in view of the particular facts of the case. The appeal is, therefore, dismissed. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 112 ......"The absence of the defendant who asked for adjournment but refused to state reasons assigned therefore cannot give occasion for the plaintiff to obtain ex parte decree without producing the relevant documents on the basis of which relief is sought for. The Court is bound to apply its mind with refe..

Category: Limitation Law | Date: | Hits: 271

Sompong Vs. State, 1993, 22 CLC (AD)

....ized goods as passed by the Special Tribunal. The appeal is accordingly allowed and t1he impugned order set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 110 ......oods which were being carried illegally. It was alleged that neither the trawler CC Sea Hawk had any permission to enter into Bangladesh nor the goods which were found on board had valid supporting documents. The appellant and the crew of the said trawler having illegally and unauthorisedly enter..

Category: Criminal Law | Date: | Hits: 62

Serajuddowla Vs. Abdul Kader and other, 1993, 22 CLC (AD)

....ken in violation of section 195(1)(b) of the Code. 23. In view of the discussion above, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 101 ......18 April, 1970 the appellant filed an FIR alleging that Satya Narayan Pathak and others criminally trespassed, assaulted and abused him in filthy language and committed theft of money and valuable documents of the school. The Police started a case under sections 147, 48 and 3 79 of the Penal Code..

Category: Criminal Law | Date: | Hits: 40

Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)

....action. With this observation as indicated herein above, I agree with the ultimate order of release of the detenu. Ed. This case is also reported in: 45 DLR (AD) (1993) 89 ......se under the Conservation of Foreign Exchange and Prevention of Smuggling Act 1974 of India, the detaining authority mechanically refused, as desired by the Collector, to supply the copies of some documents to the detenu on the ground that their disclosure would be against the public interest. S..

Category: Criminal Law | Date: | Hits: 88

Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)

.... held 1,10,000 shares representing 44% only; 260 shares are held by persons who are not Bangladeshi nationals, but the remaining 1,23,174 shares representing 50% shares are admittedly held by some banks and financial institutions under a "Buy Up" Agreement. Dr. Rafiqur Rahman has argue......2.72 to 21.10.75 in the writ petition as Annexure‑I series and averred that they received only two replies thereto dated 2.3.74 and 19.3.74 (Annexure-J and J(I)), asking them to submit their documents and stating that the prayer for release was under consideration. The respondents submitte..

Category: Property Law | Date: | Hits: 65

Bank of Credit & Com. (Overseas) Ltd now Eastern Bank Ltd Vs. Tajul I Chy & anr, 1993, 22 CLC (AD)

....der of dismissal to have been made without lawful authority and to be of no legal effect. Nothing was said about the Labour Court's order of termination of respondent No. 1 from the service of the bank. 2. The appellant-Bank obtained leave from this Court on 27.3.91 against the judgment ......s to costs. The order of the Labour Court ‑termination of service of respondent No. 1‑will remain unaffected. Ed. This case is also reported in: 45 DLR (AD) (1993) 61 ..

Category: Labour and Industrial Law | Date: | Hits: 100

Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)

....e proceeding to continue. There is no cause or occasion for an interference for the ends of justice. All the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 48 ...... urged by the petitioners, in holding that the statement of the persons examined under section 161 of the Criminal Procedure Code, being part o the Police Diary, could be taken into consideration as "documents" at the stage of framing charge under section 241A of the Criminal Procedure Code which is..

Category: Anti-Corruption Laws | Date: | Hits: 302

AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)

....he suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 ......rt) and I have no objection if any loan is sanctioned/disbursed for this purpose. Further. I declare that I have  mortgaged the said property in favour of IDBP and executed the required documents. Sd, Hameeda Banu (Mrs. Hameeda, Ranu) 23.3.72” 8. The respondent..

Category: Property Law | Date: | Hits: 80

State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)

....0 in default RI for 6 (six) months more. The respondent is directed to surrender to his bail bond forthwith and serve out the sentence. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 13. ......atement (Ext. 2/2). P.W. 6 Abdul Mannaf, a loader of the Bangladesh Biman, is another witness in the seizure list and the written statement of the respondent. He proved his signatures in the said two documents. In cross-­examination, he stated that on the material day he carried the baggages of the..

Category: Criminal Law | Date: | Hits: 132

Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)

....e result, therefore, is that both the ap­peals are allowed and the orders passed by the High Court Division in Criminal Revision Case No. 264 of 1972 and 13 of 1973 are set aside Ed. ......e result, therefore, is that both the ap­peals are allowed and the orders passed by the High Court Division in Criminal Revision Case No. 264 of 1972 and 13 of 1973 are set aside Ed. ..

Category: Criminal Law | Date: | Hits: 125

Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)

....2B of the Order and the learned Attorney‑General having accepted the position, I refrain from saying anything on this score. Ed. This case is also Reported in: 46 DLR (AD) (1994) 192. ...... in our national jurisprudence. The Superior Courts in our country have always interpreted the law of citizenship liberty so that one's claim to citizenship is upheld rather than destroyed, discarded documents of distress, obtained in time of despair, as prima facie evidence of renunciation of citiz..

Category: Immigration and Citizenship Law | Date: | Hits: 522

Zahirul Islam Vs. National Bank Limited and others, 1993, 22 CLC (AD)

....al if the petitioner's remedy by way of appeal is not already barred. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in:46 DLR (AD) (1994) 191 ......al if the petitioner's remedy by way of appeal is not already barred. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in:46 DLR (AD) (1994) 191 ..

Category: Civil Law | Date: | Hits: 139

Rupali Bank Ltd. Vs. Tobacco Industries Ltd. and others , 1994, 23 CLC (AD)

....vocate for the Petitioner, has submitted that exclusion of the Directors who had given guarantee "both collectively and severally" for the Bank's loan, seriously prejudiced the petitioner-bank's Suit and that to do "complete Justice" to the petitioner, leave may be granted for......petitioner bank, which should better take action against its own wrong doers, if any. The Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 190 ..

Category: Banking Law | Date: | Hits: 106

Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others, 1994, 23 CLC (AD)

....ritten statement is struck off and the counter-claim is rejected as being not maintainable under the Adalat Act. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 174; 1994 BLD (AD) 196. ......ritten statement is struck off and the counter-claim is rejected as being not maintainable under the Adalat Act. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 174; 1994 BLD (AD) 196. ..

Category: Banking Law | Date: | Hits: 168