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State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)
....He saw the occurrence of shooting from 2/3 feet distance. At the time of occurrence he raised no alarm as threatened by the accused. He also raised no voice to grab the accused at the time of their departure by babytaxi. The deceased fell down in a place 15/20 cubits away from the bench, where they ......absconding accused Ali Hasib Bin Jamal @ Hasib, Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ......absconding accused Ali Hasib Bin Jamal @ Hasib, Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ..Category: Criminal Law | Date: | Hits: 40
AKM Iftekhar Ahmed and another Vs. State, 2007, 36 CLC (HCD)
....re fugitive from justice. It is a settled principle of law that fugitive from justice cannot claim any protection of law. To substantiate the claim, the informant filed an application for addition of party disclosing how the accused petitioners became fugitive from justice. 4. To settle the q......de Court. If this position be continued, I am afraid a day will come when practically, there will be no legal system in Bangladesh. Ed. This Case is also Reported in: 59 DLR (2007) 646. ......de Court. If this position be continued, I am afraid a day will come when practically, there will be no legal system in Bangladesh. Ed. This Case is also Reported in: 59 DLR (2007) 646. ..Category: Criminal Law | Date: | Hits: 97
Commissioner of Taxes Vs. Prime Bank Ltd., 2007, 36 CLC (HCD)
....probably utensils in trade are also included in the phrase. According to the Oxford Advanced Learner's Dictionary, stock-in-trade are words, actions, behaviour, etc commonly used, displayed, etc by a particular person. 14. According to such definitions, stock-in-trade also means the inventor......peal to Appellate Division under section 162 of the Ordinance is rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ......peal to Appellate Division under section 162 of the Ordinance is rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ..Category: Fiscal/Taxation Law | Date: | Hits: 82
Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... Judge, 1st Commercial Court and Artha Rin Adalat, Dhaka impleading three defendants including the petitioner as defendant No. 2 for a claim of Taka 14,98,041. Ultimately, the suit was decreed ex parte against all the defendants including the petitioner on 14-1-1999. Subsequently, the defendants...... Bank having its own statute used the term "miscellaneous proceeding" initiated against the defaulted borrower, and has given special power to the District Judge to dispose of those proceedings where payment of Taka 5 as Court fee is to be submitted for entertaining such "Miscellaneous proceeding"...... transpires that the Artha Rin Adalat Ain, 2003 (Act VIII of 2003) was promulgated with a view to further consolidate and amend the existing law i.e. Artha Rin Adalat Ain, 1990 for speedy recovery of loan of the financial institution. Whereas, by virtue of section 60(1) of the Ain, 2003 the Artha Ri..Category: Constitutional Law | Date: | Hits: 168
Abdul Mannan Matubbar Vs. Bangladesh Water Development Board and others, 2007, 36 CLC (HCD)
....m 8-1-1994 to 10-1-1994 and submitted its report on 28-5-1994 finding that the allegation of issuing false work orders against the petitioner and others was not correct. Thereafter, a regular departmental proceeding was drawn up against the petitioner for the offence punishable under Rule 138 ......st the petitioner, a four-member Inquiry Committee headed by one Chief Engineer was set up to inquire and ascertain the extent of the alleged illegal works done by issuing illegal work orders and the payment made therefor. The said committee inquired into the matter and submitted report and found th...... considering his explanation." Accordingly, the Rule is discharged, however, without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 610; 13 MLR (HCD) (2008) 51. ..Category: Employment/Service Law | Date: | Hits: 76
Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....rsons shall not be able to enjoy unearned income and an "interest" being an "unearned income" inclusion of the same within the definition of loan under section 2(g)(4) of the Ain, 2003 treating it as part of principal loan amount and also fixing the rate of interest to be accrued at different stag......t apart from the provision of law the basis of relationship between the borrower and the lender Bank is the product of a bilateral contract and when a loan is sanctioned and is disbursed subject to payment of interest at a rate mentioned therein cannot be held illegal and ultra vires the provision...... 2. Subsequently, in the said writ petition an additional Rule Nisi has been obtained to show cause as to "why section 50 relating to fixation of the rate of interest and why the definition of loan as contemplated in section 2(ga) (4) of the Ain, 2003 should not be declared to be not applicab..Category: Others | Date: | Hits: 104
Integrated Services Ltd. Vs. Commissioner (Current Charges), Customs and others, 2007, 36 CLC (HCD)
....d satellite earth station, radio stations or any other communication related network or communication system. 3. After the registration of the Company, numerous disputes cropped up between the parties relating to the management, which led to commencement of various cases against each other.......legal effect. The respondents are directed to refund the, detained non-adhesive share transfer stamps by 24th day of May, 2007, positively. Ed. This Case is also Reported in: 59 DLR (2007) 597.......legal effect. The respondents are directed to refund the, detained non-adhesive share transfer stamps by 24th day of May, 2007, positively. Ed. This Case is also Reported in: 59 DLR (2007) 597...Category: Business or Commercial Law | Date: | Hits: 178
Manzu Sweeper Vs. State, 2005, 34 CLC (HCD)
....ibit 2 and the counterfeit note as Material Exhibit 1. In cross-examination he stated that after proper examination of the note he submitted a report. 14. PW 3 Sub-Inspector Md. Abul Hossain partly investigated the case deposed that during investigation he visited the place of occurrence, p...... a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 593; 13 MLR (HCD) (2008) 417. ...... a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 593; 13 MLR (HCD) (2008) 417. ..Category: Criminal Law | Date: | Hits: 40
A Wadud Member and another Vs. State, 2006, 35 CLC (HCD)
....ed for quashment of the entire proceeding. This matter appeared before us on 27-8-2005. Thereafter, this matter appeared on 17-10-2005, 15-11-2005 and from 28-11-2005 this matter appeared as heard-in-part and thereafter, this matter appeared on 5-12-2005, 29-1-2006 and also in today's list when in......We find no substance in the Rule, In the result, the Rule is discharged. The order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 59 DLR (2007) 586. ......We find no substance in the Rule, In the result, the Rule is discharged. The order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 59 DLR (2007) 586. ..Category: Criminal Law | Date: | Hits: 29
Jaban Ali and others Vs. Tazir Muhammad and others, 2007, 36 CLC (HCD)
.... 2. Short facts leading to this Rule are that the petitioners as plaintiffs instituted the Other Class Suit No. 458 of 1976 in the Court of the Subordinate Judge, Dinajpur, impleading the opposite parties as defendants for declaration of title to the suit property. On transfer, the same was re-nu......same subject-matter, if not otherwise barred by any law. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 584. ......same subject-matter, if not otherwise barred by any law. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 584. ..Category: Property Law | Date: | Hits: 23
Namita Rani Biswas and others Vs. Rabindra Nath Majhi and others, 2007, 36 CLC (HCD)
....he Appellants. Md. Kamrul Islam Siddique with Md. Bazlul Kabir Advocates—For the Respondents. Appeal from Original Decree No. 333 of 1997. Judgment SK Sinha J.- Opposite party No. 1 preferred this appeal from the judgment and order dated 9-10-97 of the District Judge, K......arned District Judge, Khulna is set aside and restored the grant of Letter of Administration. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 579. ......r and above, the respondent stated in the application that Harinath granted licence to his father and uncle in respect of 1.64 acres of land but in his deposition as PW 1 he stated that Harinath took loan of Taka 5,000 from his father and in exchange of that amount of money, he gave borga of the lan..Category: Property Law | Date: | Hits: 68
Sylhet Gas Fields Ltd. Vs. Chairman, 2nd Labour Court and another, 2007, 36 CLC (HCD)
.... of this petitioner company. 3. The facts necessary for disposal of this Rule, in short, are as follows : The respondent No. 2 was Working as a Typist-cum-Clerk (Grade-2) in the Store Department of the petitioner company; On 29-1-2001 a show cause notice was served upon the respondent ......ischarged on contest without any order as to cost. The stay order passed at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 576. ......ischarged on contest without any order as to cost. The stay order passed at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 576. ..Category: Labour and Industrial Law | Date: | Hits: 114
Oriental Bank Ltd. Vs. Sitara Siddiq, 2007, 36 CLC (HCD)
.... was felt that the LC records are not necessary to hear and dispose 6f the Rule. So, the Rule be treated as ready and the same be taken up for hearing. 2. Rule was issued calling upon the opposite party to show cause as to why the impugned judgment and order, dated 27-8-2005, passed by the Addi......is no bar to continue the two suits. He further submitted that opposite party has filed Title suit No. 209 of 2002 for getting back the documents of his properties alleging that she is not liable for payment of the loan money. So, he submitted that this suit has no nexus with the realisation of loan......ntinue the two suits. He further submitted that opposite party has filed Title suit No. 209 of 2002 for getting back the documents of his properties alleging that she is not liable for payment of the loan money. So, he submitted that this suit has no nexus with the realisation of loan money and the ..Category: Civil Law | Date: | Hits: 82
Aziz Hasan and others Vs. Bangladesh, 2007, 36 CLC (HCD)
....e records of the cases as are available. We have also read the decisions cited. In order to appreciate the submissions of the learned Advocates, we need to read the relevant provisions of the Act, in particular, sections 18,19,30 and 30A of the Act, which we would do a little later. 13. Befo......dates before and after said date of subsequent Notification. 4. Pursuant to issue of the Rules and directions issued by this Division, the petitioners got release of their respective goods on payment of the duty and other charges on the basis of exemption of duty above 15% in cash and furnis...... not pay in cash the amount of money covered by respective bank guarantees within a period of thirty days of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 563. ..Category: Fiscal/Taxation Law | Date: | Hits: 64
Enamul Haq (Md) Vs. Jatiyo Bishwabiddalay and others, 2007, 36 CLC (HCD)
....tul Hadith Course from Madrasah Muhammadia Arabia in "Dhaka but it was not in any way a course for public examination under any Board or University. The Dawratul Hadith Course is a religious course imparted in the private religious institutions established by religious philanthropists. Attracted by ......thority having no legal effect. The petitioner be allowed to join in a permanent post of Lecturer in Arabic. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 556. ......thority having no legal effect. The petitioner be allowed to join in a permanent post of Lecturer in Arabic. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 556. ..Category: Employment/Service Law | Date: | Hits: 65
Muhaiminul Hasan Khan Vs. Md. Nurul Islam Khan and others, 2001, 30 CLC (HCD)
.... of the minor who was all through living with her. After divorce, she did not marry a second time. Citation was accordingly made against those heirs of deceased Shahabuddin Ahmed Khan. 3. Opposite party No. 1, who was a Subordinate Judge at the time, alone opposed the application. His main object......fresh and dispose of the original application for succession certificate in the light of above observations. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002)156.......fresh and dispose of the original application for succession certificate in the light of above observations. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002)156...Category: Property Law | Date: | Hits: 36
Bura Yunus and others Vs. State, 2007, 36 CLC (HCD)
....rehended from the road, and that as he refused to become a witness, PW 5 implicated him as an accused. 10. Md. Idris (PW 8) is a constable. He corroborated the prosecution story in material particulars and stated that he accompanied PW 5 and PW 14 at the time of raiding the house of Siddiq...... the charge under section 399 of the Penal Code. The appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 59 DLR (2007) 549....... the charge under section 399 of the Penal Code. The appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 59 DLR (2007) 549...Category: Criminal Law | Date: | Hits: 90
Shafique Ullah (Md) Vs. Chairman, Rupali Bank Ltd. and others, 2006, 35 CLC (HCD)
.... passed by the Senior Assistant Judge, Second Additional Court, Dhaka in Title Suit No. 172 of 1997 decreeing the suit. 2. The petitioner as plaintiff filed the above suit against the opposite parties for directing the defendant No. 2, the Deputy General Manager, Rupali Bank, to accept his jo......e Appeal No. 621 of 2000 is hereby affirmed. Send down the lower Court's records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 546.......e Appeal No. 621 of 2000 is hereby affirmed. Send down the lower Court's records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 546...Category: Criminal Law | Date: | Hits: 29
Mahmudur Rahman and another Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)
....e said respondent wrote to the petitioner to furnish them resolutions of the Board of Directors of Modem Jute Mills Limited about the petitioner's resignation from the said Board and other relevant particulars including approval of the Joint Stock Companies regarding transfer of the petitioner's s...... In both the Writ petitions the petitioners have impugned the inclusion of their names in the lists prepared by the Central Bank's Credit Information Bureau (CIB) as persons who have defaulted in the payment of bank dues. 3. Both the Rules concern common question of law and facts and are bei......erence No. CIB-3 (30) 2007504-dated 1-8-2001 and the CIB Lists dated 20th May, 2001 as shown to the petitioner by the Programme respondent No. 1 including the name of the petitioner as a defaulting loanee as a Director of Modern Jute Mills Limited as communicated to the petitioner by the Programme..Category: Banking Law | Date: | Hits: 124
Tahmid Ahmed Vs. Jalaluddin Jaffar Ali Hussain, 1999, 28 CLC (HCD)
.... 8-5-1983 with a view to exclude them from the management of the affairs of the Company. He and his father filed the above suit and obtained an order of status quo so that they could continue to take part in the management of the affairs of the Company. In spite of such order of status quo Jalal Udd......n accordance with law. The application is, therefore, allowed. Costs of the Objector to be paid out of the assets of the Company. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 141.......n accordance with law. The application is, therefore, allowed. Costs of the Objector to be paid out of the assets of the Company. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 141...Category: Company Law | Date: | Hits: 222
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