Search Options
Judgment Advanced Search
Displaying 281-300 of 3988 results.
....s of tender but without executing such guarantee bidder company placed his demand to enhance the agreed price on 12-8-2004 for which Boropukuria Coal Mining Company Ltd. (BCMCL) refused to accept his claim rather cancelled such work order accepting the request of CMC Consortium, where BCMCL dec......Rea
In the true nature of things it is not always possible to prove dishonest intention without the help of any evidence, oral or circumstantial. It can only be proved by number of circumstances for which a reasonable inference can be drawn. There is no doubt that mens rea or criminal inte......
Let a copy of the Judgment be sent to the learned Special Judge, Court No.2, Dhaka at once for information and necessary action.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 1.
..
Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96
Bangladesh Rural Development Board Vs. Mohammad Shahjahan and others, 2011, 40 CLC (AD)
....hy;porarily on an ad-hoc basis for a particular programme of the government. One of the conditions set forth in this appointment letter was that the appointment did not entitle the writ petitioner to claim for regular or permanent absorption or seniority. The condition No.6 of this appointment ......ioner was promoted to the post of Project Director and posted at Bagherhat District Office on 13.08.1988 in the same pay scale of Tk. 2800-125-1425 which he was enjoining as Deputy Project Director before getting promotion. He joined his new promoted post on 25.08.1988. Since the petitioner's po...... set aside. In the result, the appeal is allowed. The impugned judgment and order passed by the High Court Division be set aside. Ed. This Case is also Reported in: 9 ADC (2012) 195. ..Category: Employment/Service Law | Date: 14 Dec, 2011 | Hits: 133
Bangladesh Jute Mills Corporation Vs. Md. Mahbubur Rahman and another, 2011, 40 CLC (AD)
....nalization) Order, 1972 read with paragraph 23 of the agreement between the Government and the disinvested Jute Mills and, as such, his transfer was neither illegal nor void. The petitioner could not claim to be taken back in BJMC since he ceased to be the employee of BJMC after his transfer to disi.....................Respondents Judgment December 13, 2011. Result: The appeal is allowed. When someone resigns from his service factually and legally, he can not make any prayer for reinstating him.......................(16) Cases Referred to- Chairman Petro-Bangla Vs......e appeal. Accordingly, the appeal is allowed without any order as to cost. The impugned judgment and order is set-aside. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 6. ..Category: Employment/Service Law | Date: 13 Dec, 2011 | Hits: 152
Begum Khaleda Zia Vs. State and another, 2011, 40 CLC (HCD)
....eed with the impugned Special Case in accordance with law. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 1. ......rruption Act, 1947, now pending in the Court of Metropolitan Special Judge, Dhaka, should not be quashed or any other order passed as to this Court may seem fit and proper. 2. The relevant facts for disposal of the Rule are that on 3-7-2008, Mr. Harunur Rashid Sub-Assistant Director, Anti-Corru......ion of $12,55,000 US dollar equivalent to Taka 4,44,81,216 was deposited in the said Bank account but it was not disbursed amongst the orphans till 5-9-93. No rule or policy was made for spending the money accumulated in the said account of Prime Minister's Orphanage fund. Zia Orphanage Trust wa..Category: Anti-Corruption Laws | Date: 12 Dec, 2011 | Hits: 161
Shahjahan Vs. State, 2011, 40 CLC (HCD)
....the publication of the order of the Tribunal in 'Daily Chuadanga Barta' did not obviously satisfy the requirement of the sub-section(6) of section 27 of the Special Powers Act. 16. It is not the claim of the prosecution that the petitioner surrendered or was arrested by the police during the tr......1996 corresponding to Gangni Police Station Case No.11(11) 1996, dated 18-11-1996 convicting him under section 19A of the Arms Act, 1978 and sentencing him there under to suffer rigorous imprisonment for 10 (ten) years should not be quashed and/or such other or further order or orders passed as to t...... the informant Md. Jahir Uddin of village Arntoli,1 Police Station Gangni, District-Meherpur. However on 17-11-1996, the accused Md. Bazlur Rahman came to the house of the informant and demanded some money from his father-in-law through his wife Tanu and in case of non-compliance with the said deman..Category: Arms Law | Date: 1 Dec, 2011 | Hits: 53
Jakir Hazi Vs. State, 2011, 40 CLC (HCD)
....titioner along with Md. Mizanur Rahman and Shah Alam @ Badal. The charge was duly read over to the accused-petitioner Jakir Hazi and shah Alam @ Badal and to which both of them pleaded not guilty and claimed to be tried. But the charge could not read over to the accused Md. Mizanur Rahman as he was ...... the opposite-parties to show cause as to why the proceeding of GR No.176 of 2008 corresponding to Kotowali Police Station Case No.05 dated 02-4-2008 under section 420 of the Penal Code now pending before the Metropolitan Magistrate Court, Dhaka should not be quashed. 2. Brief facts necess......In the present case complainant in his complaint petition did not mention the name of the present accused-petitioner. Moreover, in the confessional statement, accused Mizanur stated that he lend some money to the present petitioner which do not constitute any offence under any law. The intentio..Category: Criminal Law | Date: 30 Nov, 2011 | Hits: 1
Secretary, Ministry of Establishment and others Vs. Amzad Hossain and others, 2011, 40 CLC (AD)
....rit-petitioners applied for appointment in the post of Savings Officers in the light of notification dated August 7, 1980 and as they were appointed in the non-gazetted 3rd class post, they could not claim to be 2nd Class Gazetted Officers from the date of their appointment. The proposal was made by......the 30th day of June, 2002 passed by the High Court Division in Writ Petition No.3609 of 2001 making the Rule absolute. 2. The respondents herein as writ-petitioners filed the said writ petition before the High Court Division for the following relief:— "(A) Issue Rule Nisi calling upon the R......s Gazetted Officers immediately from the date of their appointment as Savings Officers. The appeal is disposed of accordingly. Ed. This Case is also Reported in: 18 BLC (AD) (2013)16. ..Category: Employment/Service Law | Date: 24 Nov, 2011 | Hits: 88
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
....al report) under section 4(2)(ক) and (খ) of the Nari-o-Shishu Nirjatan Daman Ain, 2000. The charge as framed was read over and explained to these two accused-appellants who pleaded not guilty and claimed to be tried in accordance with law. The other two accused being absconding the charge could ...... Judgment Surendra Kumar Sinha J. - Leave granted. 2. Appellants and another were convicted under section 4(2) (ka) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and sentenced to imprisonment for life with fine they were also convicted under section 4(2) (kha) of the said Ain and sentenced......ce, in a critically injured condition, stated before IO to the effect that these two accused-appellants proposed her only a few days before the occurrence to make illicit affairs with them in lieu of money and being refused they threatened her telling that they would see her; that since then these t..Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)
....ing-aside of the sale in auction in the Certificate Case as aforesaid the registered sale deed in favour of Taheruddin in the Certificate Case was rendered invalid, therefore, subsequent purchases as claimed in the plaint from Taheruddin were also rendered invalid, consequently they did no......Judge, now Joint District Judge and Artha Rin Adalat, Sylhet in Title Suit No.43 of 1999, decreeing the suit. 2. The respondents as plaintiffs instituted Title Suit No.43 of 1999 (re-numbered) before the Joint District Judge, Artha Rin Adalat, Sylhet impleading the appellants along with others ...... a genuine deed. He knows Nazir Ahmed, Azad and others. This witness also testifies during cross-examination that he witnessed passing of the consideration between the vendor and vendees and that the money was paid on behalf of Nazir Ahmed and others. This witness also testifies that the execut..Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7
State Vs. Hasibul Hasan (Md.), 2011, 40 CLC (HCD)
.... the Ain 2000 accusing the accused. 7. Eventually the accused were called upon to answer the charge under sections 11(ক) 30 of the Ain 2000 which was read over to them who pleaded not guilty and claimed to be tried. 8. In course of trial the prosecution in all, produced eleven witnesses ou...... Ziaul Karim J.- This Death Reference under section 374 of the Code of Criminal Procedure has been made by the learned Judge of Nari-o-Shishu Nirjatan Daman Tribunal, Sherpur (briefly as Tribunal), for confirmation of death sentence of contemned-prisoner. 2. By the Criminal Appeal No.2022 of ......w Hosne Ara. Before eighteen years she was married with Hasibul. During their wedlock three daughters and one son born. Elder daughter Sharmin was married one month back. The accused used to demand money to her. They used to give money to accused Hasibul who used to misuse it as he was addicted an..Category: Women and Children | Date: 21 Nov, 2011 | Hits: 114
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
....en given an opportunity to comment thereon. (2) Even legitimate expectation is a relevant factor requiring due consideration in a fair decision-making process. Whether the expectation of the claimant is reasonable or legitimate in the context is a question of fact in each case. (3) Th......ation (1) The doctrine of legitimate expectation may arise where the decision of administrative authority affect a person either by altering rights or obligations of that person which are enforceable by or against him in private law or by depriving him of some benefit which he has in th......g activities. Subsequently, the respondent-BTRC vide Memo dated 08-4-2004 (Annexure-E 1) cancelled the licence for frequency dated 10-3-2004 on the ground that the appellants had failed to pay money as per the demand note within the stipulated period. 5. Thereafter, the appellants chall..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
Md. Asgar Ali Vs. Md. Shahidul Islam P.K. and others, 2011, 40 CLC (AD)
....ষ does not mean all’…. প্রতিপক্ষ or‘….প্রতিপক্ষগন’ although the opposite party No.1 relied on order dated 12.09.1996 but in order to establish his claim that on that day all the opposite parties filed an application for adjournment for filing wr...... upon the defendant/opposite party. In such cases, the second clause of Order IX, 5 rule 13 of the Code "or that he was prevented by any sufficient cause from appearing when the suit was called on for hearing" shall not be attracted,…………………(14 & 15) When the pre-emptor fai......ove, we do not find any merit in the appeal and accordingly, the same is dismissed, however, without any order as to cost. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 39. ..Category: Procedural Law | Date: 15 Nov, 2011 | Hits: 7
State Vs. Matiur Rahman @ Mati, 2011, 40 CLC (HCD)
....t and order under this reference. Let a copy of the judgment and order be sent down to the Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 89. ...... Motive not a necessary ingredient of an offence While trying a case under section 302 of the Penal Code or hearing an appeal involving that section, the Court must not consider first the motive for the murder. Because motive is a matter of speculation which is not a necessary ingredient of an ......own as chanda. He also found the said sharpen dao with blood stained marks there. The accused seems to have left the place of occurrence for the appearance of the local people without taking the said money. Informant Arun Kumar Saha narrating the above facts lodged the First Information Report (in s..Category: Evidence Law | Date: 25 Oct, 2011 | Hits: 9
Hafizul Islam Chowdhury (Md.) Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....site Parties Judgment October 19, 2011. Result: The Rule is made absolute. The land in question is not a khas land and the revenue department does not have any interest. The claim of the government has become functus officio. The government took tax from the suit land and t......Appeal No.160 of 2003 reversing the judgment and decree dated 30-3-2003 and 16-4-2003 respectively passed by Joint District Judge, 1st Court, Gazipur in Title Suit No. 12 of 1999 who decreed the suit for declaration. 2. The facts involved for disposal of the Rule are as follows:- The petit......hat the petitioner has dug 4 (four) ponds and also established an Agro Farm namely Nurul Hafiz Farm and also took loan from the Krishi Bank and also Islami Bank Bangladesh Ltd. and also paid the loan money, further he intend to get more loan money from Islami Bank Bangladesh Ltd. Accordingly, Bank d..Category: Property Law | Date: 19 Oct, 2011 | Hits: 4
Elite Lamps Ltd. Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....on and by the same token has for the best interest of the Bank right not to implement it and give it a go by. Mere communication of the decision to the borrower does not vest any right in him to claim a write off. …………………….(12) Abuse of process of the Court The scenar......nt October 16, 2011. Result: The Rule is discharged. Whether the resolution taken by the Board of Directors of any Bank relating to total write off of loan has the binding force of law and enforceable by the High Court Division? The resolution taken by the Board of ...... the Bank was tainted with external pressure. Fourthly, it is against public policy in as much as by that way a group of people would have been blessed with unjust enrichment at the cost of public money. And finally, resolution of a Bank, if any, does not bind the other respondents with any lega..Category: Civil Law | Date: 16 Oct, 2011 | Hits: 7
Renuza Begum and others Vs. Md. Waziullah Mia and others, 2011, 40 CLC (AD)
....peals are dismissed. The Specific Relief Act, 1877 (Act No. I of 1877); section 27 (b) A plaintiff may seek a decree for specific performance against a subsequent purchaser if he claims title, arising subsequently to the contract but he is not entitled to a decree against a tr......dgment October 11, 2011. Result: The appeals are dismissed. The Specific Relief Act, 1877 (Act No. I of 1877); section 27 (b) A plaintiff may seek a decree for specific performance against a subsequent purchaser if he claims title, arising subsequently t......n 7th June, 1971 admitting the execution of the contract for sale earlier in January, 1964 and that as per terms of the solenama, the defendant Paresh received Taka 2,000 towards the consideration money and promised to execute a sale deed within 1(one) month from 3ate. The court of appeal bel..Category: Contract Law | Date: 11 Oct, 2011 | Hits: 11
Bahauddin Haider Vs. State, 2011, 40 CLC (HCD)
....ime of issuance of the Rule is hereby vacated and re-called. Communicate the judgment to the Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 561. ....... This Case is also Reported in: 63 DLR (HCD) (2011) 561. ......the aforesaid articles 4. The aforesaid persons without importing the Tyres and Tubes imported torn and useless tyres and in that way they managed to transfer the aforesaid Foreign Exchange money to the Foreign country worth of Taka 23,55,520 and they misappropriated the same and..Category: Anti-Corruption Laws | Date: 3 Oct, 2011 | Hits: 195
Raj Kumar Khetan Vs. Mercantile Bank Ltd. and another, 2011, 40 CLC (HCD)
.... now pending in the Court of Sessions Judge, Naogaon should not be quashed. The Order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 272. ......out of CR case No.406/8 (Naogaon) dated 28-8-2008 under section 138 of the Negotiable Instruments Act, now pending in the Court of Sessions Judge, Naogaon should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule, is that the petitioner is a citizen of Bangladesh and busi......s: "138. Dishonour of cheque for insufficiency, etc. of funds in the account.- (1) Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account is returned by the bank unpaid, either because of t..Category: Banking Law | Date: 24 Aug, 2011 | Hits: 237
Victor Simon Paat and other Vs. M.V. Accord and others, 2011, 40 CLC (HCD)
....With Admiralty Suit No.40 of 2000 With Admiralty Suit No.42 of 2000 With Admiralty Suit No.43 of 2000 Judgment AFM Abdur Rahman J.- These 11 (eleven) Admiralty Suits arose out of claim made by the Crew Members against the vessel M.V. ACCORD and accordingly these suits, being Adm......l these 11 Crew members, while working as such in the vessel M.V. ACCORD, on and from 2.12.1999 came to Bangladesh on board the said vessel and thereafter instituted these Admiralty Suits on 1.8.2000 for realization of their unpaid wages and obtained arrest of the vessel MV ACCORD which thereafter u......unty of the plaintiffs was hit by one of the greatest Tsunami in the memorable history and also it is not clear who would depose before this honorable court and what is the foreign account where this money would go, if decreed. 7. The statement made in the paragraph of the plaint are denied with ..Category: Admiralty Law or Maritime Law | Date: 23 Aug, 2011 | Hits: 87
KM Alam & Co. and another Vs. People's Republic of Bangladesh, and others, 2011, 40 CLC (HCD)
....11 (Annexure-6 to the Affidavit-in-opposition) issued by the Chairman of BTRC, which does not show any such prior approval from the concerned Minister or Secretary. Thus, even if the said circular is claimed to be a certificate issued under sub-rule-(3) of Rule-59, it is clear that the same has not ......der the signature of the respondent No.8 refusing to implement the decision/verdict of the Review Panel-01 dated 8-5-2011 (Annexure-I) regarding appointment of Chartered Accountant Firms by BTRC for Inspection and Special Audit/Information System Audit of the Telecom Operators in Banglades......more stake (financial or others) is involved in a procuring process, the procuring entity should follow the relevant law more strictly. When Mr. Reza submits that this audit involves a huge amount of money to be realizable by the BTRC through audit on telecom operators, we are not in a position..Category: Civil Law, Constitutional Law | Date: 17 Aug, 2011 | Hits: 20
82426945829678798538881083546830880879308567859587749007856985457616850384788802