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Mrs. Jahanara Ahmed Vs. Arab Bangladesh Bank Ltd. and others, 2011, 40 CLC (AD)
....record." Security of Tk. 1,000/- is to be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 185. ......it was subsequently renumbered as Title Suit No.143 of 1998. The suit was ultimately decreed ex-parte vide judgment and decree dated 25.11.1998. Since the judgment debtor failed to pay the decretal amount within the prescribed time the decree holder bank put that decree into execution in Title Exe......ed for schedule "A" property was Tk.27,00,000/- and for the schedule "B" property was Tk.60,01,000/-. The executing court accepted the said highest bid and ultimately on receipt of the entire auction money from the highest bidder made the auction sale absolute. Meanwhile with the proclamation of the..Category: Property Law | Date: 15 Dec, 2011 | Hits: 81
JMS Glass Industries Limited Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....directed to admit and dispose of the appeal expeditiously. With this observations and direction, the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 77. ......i was issued calling upon the respondents to show cause as to why the order bearing Nothi No.৪৪/মুসক/০৬ dated 28-6-2006 passed by the respondent No.3 giving direction to deposit an amount of Taka 5,98,44,700.67 allegedly to have fallen unpaid VAT, under Section 55(1) read with se......directed to admit and dispose of the appeal expeditiously. With this observations and direction, the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 77. ..Category: Fiscal/Taxation Law | Date: 12 Dec, 2011 | Hits: 14
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. ......mission Act and Rules there under. It is submitted that there is no allegation against the accused-petitioner to attract the alleged offences and as such continuation of the impugned proceeding would amount to sheer abuse of the process of the Court and the same is liable to be quashed. 6. Mr. ......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)
....er be discharged from his bail bond. Let the records of the Tribunal below along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 49. ......e facts are so preposterous that even on the admitted facts, no case can stand against the accused; (b) Where institution or continuance of criminal proceedings against an accused person may amount to an abuse of the process of the Court or when the quashing of the impugned proceedings woul...... 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)
....as it relates to the petitioner is hereby quashed. Send down a copy of this judgment and order to the court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 274. ......this accused-petitioner is purely abuse of the process of the law. 13. An accused can be punished only for an offence in law and not for any business relationship with another accused-person not amounting to an offence. Even there is any attempt to commit an offence within the definition of an ......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
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
....me law of nature governing men and things that makes it possible for us to reason to the unknown from the known. It is this necessary interconnection of facts with each other which underlines the whole theory of circumstantial evidence. 20. A fact cannot be used as evidence to base conviction......amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520.......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
Professor Mahbub Ahmed and others Vs. Securities and Exchange Commission, 2011, 40 CLC (HCD)
.... preferably within 6(six) months from the date of the receipt of this judgment. Communicate the Judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 87. ......es Consultants Ltd. 6. In foreign DVP bank statement there has been huge sales in this A/C. Total transactions in volume and value are 7,09,530 Nos. and Taka 27.14 crores respectively. Unsettled amount is Taka 2.50 crores. There is no such name in SEC & DSE list. No trading has also taken p...... preferably within 6(six) months from the date of the receipt of this judgment. Communicate the Judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 87. ..Category: Business or Commercial Law, Criminal Law | Date: 23 Nov, 2011 | Hits: 9
Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)
....uced by the defendants in support of their case employ prove that they have indeed acquired right title interest and possession in the suit land, therefore, the suit ought to have been dismissed as a whole. 16. Mr. Fazlul Hoq the learned Advocate appearing with Mr. MC Chowdhury, submits that th......l bear their respective costs. Send down the lower Court records with a copy of the judgment to the trial Court forthwith. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 260. ...... 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)
....led against them and they are discharged from their respective bail bond. The office is directed to send down therecords at once. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 291. ......led against them and they are discharged from their respective bail bond. The office is directed to send down therecords at once. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 291. ......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)
....uted question of facts to be decided in the writ petition; that Section 55 of the BT Act, 2001 does not empower the answering respondents to issue the impugned memo (Annexure-A1) inasmuch as the whole action of answering respondents is malice-in-law; that no fresh NOC was required by the app...... and not taken in public interest. (5) The Doctrine of legitimate expectation has no role to play where the State action is as a public policy or in the public interest unless the action taken amounts to an abuse of power. The Court must not usurp the discretion of the public authority……......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
State Vs. Matiur Rahman @ Mati, 2011, 40 CLC (HCD)
....denied the defence suggestion that he did not state to the Investigation Officer that he was reading in the baranda of their house at 6-30 AM. He stayed in his house on the date of occurrence for the whole day thereafter he had gone to the house of his maternal grand father. 10. P.W.3 Arun Kuma......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. ......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)
....; Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 470. ......; Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 470. ......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)
....ithin one month from the date trial Court receives a copy of this Judgment. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 62. ......en did not reach finality for want of approval of the Ministry of Finance. Secondly, Bangladesh Bank did not give its clearance in respect of write off of the entire loan specially the capital amount. Thirdly, the move on the part of the Bank was tainted with external pressure. Fourthly, it ...... 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)
....tract. There is no merit in these appeals. The appeals are, therefore, dismissed without, however, no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 201. ......tract. There is no merit in these appeals. The appeals are, therefore, dismissed without, however, no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 201. ......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. ......persons collusively by forging the signatures of Labu Miah filed an application on 16-1-1985 for issuing a Letter of Credit for importing Tyres and Tubes from Messrs Suzi Sutten, Osaka, Japan, for an amount of US $99.880 @ 10% margin after depositing the said margin amount of Taka 2,50,600 for ......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. ......otiable Instruments Act stating that the petitioner took loan in several occasions from the said bank but failed to repay the same that on the pressure of bank, he issued cheque on 30-4-2008 for an amount of Taka 10,00,000 (ten lakh) being cheque No.33214308, Bank Asia Ltd. Scotia Branch, Dhaka; t......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)
....The plaintiff will be entitled to execute the decree against the sale proceed of the vessel M. V. ACCORD, now remaining in the Marshal account of this court. Ed. This Case is also Reported in: ......r the restoration of these suits the plaintiffs of all the suits made amendment of the plaint, through the application dated 26.4.2010, to include a further prayer for a decree to be passed for “an amount payable as on 15th June, 2000 with compensation payable under the provision of Section 146 of......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)
....rocess. If it is accepted that once the agreement is executed in whatever manner the Review Panel's jurisdiction is excluded, the entire Rules 59 and 60 of the said Rules become redundant and the whole objection mechanism as provided by Rules 57 to 60 of the said Rules becomes useless-which must......Thus, the 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 ......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
Md. Rustom Ali and others Vs. State, 2011, 40 CLC (HCD)
....t, the appeal is dismissed. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ......fted ornaments worth Taka 1,30,000/- (one lac thirty thousand) only to appellant No.1. But he was not satisfied and extracted Taka 20,000/- more from her parent and mounted further pressure for dowry amounting to Taka 50,000/- (fifty thousand) only. As she refused to fulfill his illegal demand, appe...... denied his marriage with respondent No.2 and execution of any “kabinnama” to that effect, and also brought allegation of registering the “kabinnama” by impersonation, and misappropriation of money amounting to Taka 1, 62,000/- (one lac sixty-two thousand) only against them. He, however, adm..Category: Women and Children | Date: 14 Aug, 2011 | Hits: 91
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... it would be an abuse of the process of the Court............The social stability and order requires to be regulated by proceeding against the offender as it is an offence against the society as a whole. This cardinal principle should always be kept in mind before embarking upon exercising inh......ested to him by filing a writ petition and that the alternative remedy given under section 194 of the Customs Act is not an equally efficacious remedy because it stipulated deposit of 50% of the amount of Penalty of the duty demanded. At the hearing preliminary objection was raised as to the......ld that the right of the Maharaja, if any, are based upon a contract for which he was obliged to avail of by way of "the alternative efficacious remedy for filing a suit either for recovery of the money or for ambition of a grounds. The alternative remedy available to the Maharaja admittedly n..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
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