Search Options

Judgment Advanced Search

Displaying 301-320 of 3784 results.

Aslam (Md.) Vs. Md. Salauddin and another, 2011, 40 CLC (HCD)

....he concerned UP Chairman to the effect that the said Joya Rani Guha did not even reside in the address mentioned in the said Power of Attorney. Sensing trouble, the accused-petitioners stopped taking any steps in the said Miscellaneous Case and further created several false and forged documents like......the case as expeditiously as possible as the case is a very old one. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 235. ......lt: The Rule is discharged. A revenue officer acting in mutation cases under section 143 of the State Acquisition and Tenancy Act, 1950 is not a court, although the same officer acting in a proceeding under section 144 of the said Act is a court in view of Rule 39 of the Tenancy Rules, 195..

Category: Criminal Law, Tenancy Law | Date: 20 Sep, 2011 | Hits: 6

Raj Kumar Khetan Vs. Mercantile Bank Ltd. and another, 2011, 40 CLC (HCD)

....gh its Penal Lawyer sent legal notice on 20-7-2008 which was received on 27-7-2008 and that the specific period of 30 days given in the notice had elapsed on 23-8-2008 but the petitioner did not take any step for payment of the cheque amount, as such he filed the case. 5. The petitioner voluntari......le of law is that to bring a case within the purview of section 561A for the purpose of quashing a pro­ceeding one of following conditions must be ful­filled: (1) Interference even at an initial stage may be justified where the facts are so pre-posterant that even on admitted facts no case stan......f 2009. Judgment Siddiqur Rahman Miah J.- This Rule on an application filed under section 561A of the Code of Criminal Procedure was issued upon the opposite parties to show cause as to why the proceedings of Sessions case No.215 of 2009 arising out of CR case No.406/8 (Naogaon) dated 28-8-200..

Category: Banking Law | Date: 24 Aug, 2011 | Hits: 237

Victor Simon Paat and other Vs. M.V. Accord and others, 2011, 40 CLC (HCD)

....essel MV ACCORD was arrested and the plaintiffs were detained in the said vessel since then for a long time to face irreparable distress and agony. But the owner of the vessel not only failed to take any care of them but also to pay their wages during this period, which constrained them to file the ......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: ......ched Bangladesh on 6.4.2000 in order to discharge cargo of 7000 M.T. of Cement Clinker, whereupon a legal dispute arose in between the importer of the cement clinker and the carrier for which a legal proceeding was established in Admiralty suit No. 16 of 2004 whereupon the vessel MV ACCORD was arres..

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)

....e petitioners on 28-3-2011 and 30-3-2011 filed objections before the Chairman, (Head of Procuring Entity), BTRC alleging irregularities/illegalities in the procuring process and requested not to take any decision regarding appointment of auditors. Paying no heed, BTRC proceeded with the procuring pr......countant Firms in strict compliance with the provisions of the Public Procurement Rules-2008 after cancelling the disputed one. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 221. ......tion is finally disposed of. This bar under sub rule-(2) is a clear bar providing no exceptions to it unlike sub-rule-(1) read with sub-rule-(3) of Rule 59 where-in an exception has been provided for proceeding with the noti­fication of awarding contract if a certificate of public interest is is..

Category: Civil Law, Constitutional Law | Date: 17 Aug, 2011 | Hits: 20

Md. Rustom Ali and others Vs. State, 2011, 40 CLC (HCD)

....nt Shewly Akhter, her brother–in-law Golam Mostofa and some others were made accused in that case, wherein appellant No.1 Rustom Ali flatly denied his marriage with respondent No.2 and execution of any “kabinnama” to that effect, and also brought allegation of registering the “kabinnama” b......oes not appear to be a reasonable cause to adjourn or postpone the prior criminal case. The defense plea as taken by the learned Advocate for the appellants cannot be considered by this Court at this stage. He will get ample opportunity to adduce evidence and prove his case in due course of trial. I......o other co-accused from the case. 4. The case was fixed for trial on 9.11.2008, when the appellants filed an application under section 344 of the Code of Criminal Procedure for staying all further proceedings of the case till disposal of Badda Police Station Case No.13(6)07 pending before the Chi..

Category: Women and Children | Date: 14 Aug, 2011 | Hits: 91

Md. Rafique Ullah Vs. State, 2011, 40 CLC (HCD)

....er return to home. Her mother communicated the informant, who took up the matter to the Headmaster of the School. The Headmaster assured him to settle the matter amicably. The Headmaster did not take any step and asked him to take up the matter to the authority superior to him. The informant filed a......urrence. The defense declined to cross-examine both of the said witnesses. 12. P.W.5 Peary Begum, mother of Shewly Akhter Mishu (P. W. 3) stated that she knew nothing about the occurrence. At this stage, shewas declared hostile and was cross-examined by the prosecution. She denied the prosecution...... Damon Case No.23 of 2000 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Borhanuddin, J.- I agree. Ed. This Case is also Reported in: ..

Category: Women and Children | Date: 9 Aug, 2011 | Hits: 165

Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)

.... are as follows: 5. The appellants allegedly in collusion with each others fabricated a number of Board Meetings and Resolutions of Tea-Hung Packa­ging (BD) Limited, a foreign investment company in Bangladesh in which Bo-Sun Park is the Chairman. The accused-persons manufactured some false......have entertained petitions under section 561A of the Code of Criminal Procedure on the same subject matter. Some Benches are of the opinion that a criminal proceeding can be quashed at the initial stage of investigation and some other Benches have taken different views. As a result, accumulation...... 102 of the Constitution. We have come across in a number of cases and find the High Court Division is not maintaining uniformity in enter­taining and disposing of petitions for quashing criminal proceedings. Some Benches have entertained and disposed of writ petitions for quashing a proceeding..

Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39

Kaisar-uz-zaman Vs. State and others, 2011, 40 CLC (HCD)

....hy;tion of the offences under the Ain and also the offences under other laws specified in the schedule of the Ain are to be done by the Durniti Daman Commission (hereinafter called the Commission) or any officer of the Commission authorized by the commission to hold investigation section 32 of the A......fore taking cognizance as required under section 32 of the Ain does not arise. The provisions of those two sections of the Ain have no manner of application in the instant case as it was at the later stage of investiga­tion when the Ain came into operation. The learned Advocate for the opposite ......ry, Ahmed Chowdhury and Nasiruddin. The case was regis­tered as Special Case No.1 of 2005, pending in the Court of Senior Special Judge, consisting of the Sessions Judge, Sylhet. For quashing the proceeding of that special case, so far as it relates to the peti­tioner him on the grounds, (1)..

Category: Anti-Corruption Laws | Date: 14 Jul, 2011 | Hits: 43

Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)

....r as defendants of the suit. The suit was transferred to the Artha Rin Adalat No.2, Dhaka (the Adalat in short) and renumbered as Money Suit No.26 of 1990. The defendant-petitioner did not receive any summon of the suit. Eventually, the suit was decreed ex parte by Judgment and decree dated 19-......ions the Rule is disposed of. The order of stay stands vacated. Communicate the Judgment to respondent No.2 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 75. ......Razzaque with Fahad Mahmood Khan - For the Respondent No.2. Writ Petition No.8963 of 2010. Judgment Zinat Ara J.- In this Rule Nisi, the petitioner has challenged the legality of the proceeding of Money Decree Execution Case No.08 of 1995 pending before the Artha Rin Adalat No.2, D..

Category: Limitation Law | Date: 20 Jun, 2011 | Hits: 13

Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)

....of the view that the trial Court on consideration of the materials on record came to the finding that the case was not bad for defect of parties and that the Court of appeal below without assign­ing any reason abruptly came to the find­ing on the point of defect of parties. This finding of the Hig......ry served on him. Therefore, in our view he was debarred from making such cross-examination regarding defect of parties and he was also debarred form raising the question of defect of parties at that stage of the pro­ceeding after replying to the interrogatory served on him earlier". 17. In Abdu......f the respon­dent Nos. 1-3. Leave was granted to con­sider on two points, namely; the defect of parties and the limitation. 3. Short facts which gave rise to the insti­tution of the pre-emption proceeding are as follows: 4. Elahi Box and Abdul Malek Mollah are owners of the case holding in ..

Category: Property Law | Date: 15 Jun, 2011 | Hits: 169

Md. Arif-Uz-Zaman Vs. State and another, 2011, 40 CLC (AD)

.... Result: The petition is dismissed. The Negotiable Instruments Act, 1881 (XXVI of 1881); sections 123A & 138 (1) The legislature has consciously used in section 138 (1), the word any ‘cheque’ drawn by a person on an account maintained by him with a banker for payment......h Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 400; 8 LG (AD) (2011) 196; 17 BLC (AD) (2012) 167; 21 BLT (AD) 234. ......tion between crossed cheque “account payee” or cheque of other kind such as ‘bearer cheque’ as we ordinarily mean. Section 123A of the Act, 1881, in no way, creates any bar in proceeding with a case under section 138 of the Act, 1881. There is no nexus of section 123A with th..

Category: Banking Law | Date: 9 Jun, 2011 | Hits: 196

Nazir Vs. State, 2011, 40 CLC (HCD)

.... Result: The Rule is discharged. No time bar for section 561A It is pertinent to note that the inherent power under section 561A of the Code of Criminal Procedure can be invoked at any stage of proceeding even after the conclusion of trial, if it is necessary to prevent the abuse ...... Result: The Rule is discharged. No time bar for section 561A It is pertinent to note that the inherent power under section 561A of the Code of Criminal Procedure can be invoked at any stage of proceeding even after the conclusion of trial, if it is necessary to prevent the abuse of t...... The Rule is discharged. No time bar for section 561A It is pertinent to note that the inherent power under section 561A of the Code of Criminal Procedure can be invoked at any stage of proceeding even after the conclusion of trial, if it is necessary to prevent the abuse of the court ..

Category: Criminal Law | Date: 7 Jun, 2011 | Hits: 2

Farzana Akter (Kakoli) Vs. Md. Kabir Hossain and others, 2011, 40 CLC (HCD)

.... nothing specifically mentioned against him in the petition of complaint. In course of trial, the prosecution examined two witnesses and filed an application for adjournment on 7.7.2008 in absence of any more witnesses. 5. On the other hand, the learned Advocate for the defense made submission fo......learned Judge of the Tribunal is directed to proceed with the trial in the said Nari-o-shishu case in accordance with law. Borhanuddin J. - I agree. Ed. This Case is also Reported in:   ......00 at the instance of a complainant, is directed against order dated 7.7.2008 passed by the Nari-o-Shishu Nirjatan Daman Tribunal, Patuakhali in Nari-o-Shishu Case No.185 of 2004 stopping all further proceedings of the case. 2. Facts leading to this appeal, in short, are that the appellant filed ..

Category: Women and Children | Date: 6 Jun, 2011 | Hits: 102

Md. Majedur Rahman Vs. State and another, 2011, 40 CLC (HCD)

....used appellant used to offer her to witness blue film and illicit proposal often and on. She disclosed the fact to the religious teacher of the school who instructed her not to disclose the matter to any body and also assured her that he would take initiative just to have a talk with the headmaster.......any proposal for 2-3 weeks. Again he started proposing as before and on 6.4.2006 at about 10.30 am she attended the Chamber of Headmaster (accused appellant) and she was given sexual offer and at one stage the accused caught hold her by the hands. She raised cry and hearing cry Aya Shamsun Nahar ent......ore discharged from his bail bond as he is on bail by order of this Court dated 26.10.2009. The office is directed to send down the lower’s Court record. Ed. This Case is also Reported in: ..

Category: Women and Children | Date: 6 Jun, 2011 | Hits: 142

Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)

....(2012) 53. ...... 54 DLR 416, where it has been held that 'There is no legal bar in granting an application for withdrawal of a suit with liberty to file a suit afresh on the self same matter even at the revisional stage provided the other requirements of the law are complied with. In the case of Abdur Rahman Vs...... In the result, this appeal is disposed of. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 53. ..

Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6

BGP Inc., China National Petroleum Corporation Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....ssuance of the Rule the operation of the impugned decision dated 10.02.2011 has been stayed. 2. Facts, in brief, are that the petitioner, a globally reputed geophysical and seismic survey company incorporated under the laws of the People’s Republic of China, having its Head Office in Chin...... participated in the tender process nor was in the short list and accordingly, the present writ petition is not maintainable. It has further been contended that BGP (Bangladesh) International at no stage of the tender process claimed that they had Branch Office in Dhaka, Bangladesh or was the age......ance with law. With the above observations this Rule is disposed of. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in:  ..

Category: Civil Law | Date: 29 May, 2011 | Hits: 21

Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)

....urt High Court Division (Statutory Original Jurisdiction) Present: Mamnoon Rahman Zeyad Rahman and another.....................Petitioners Vs. Delta Insurance Company and others..........Respondent Judgment        &nbs......assignment on the board of directors to discharge the same at the proper time when arrives and the Court may not interfere with regard to fixation of record date in a preemptive manner at a premature stage. It has further been stated by the respon­dent that the constitution of the Election Com&s......our) weeks from the date of the drawing up of this Judgment and to report the compliance thereof within 1(one) week thereafter. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ..

Category: Company Law | Date: 26 May, 2011 | Hits: 9

Major (Retd.) Rafiq Hasan Faruq Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....der Order 21 rule 83 of the Code the Adalat has lawful authority to grant a certificate as prayed for by the petitioner. 9. Mr. Sharif, the learned Advocate next submits that if the petitioner-company is allowed to sell the schedule property by private negotiation it will not affect the interest ......schedule of the application of the Execution Case but also other properties, for satisfying the decretal dues. But since the other properties are not under order of sale in the Execution Case at this stage, certificate cannot be granted by the Adalat under the said rule 83 in respect of other proper...... 1st Court, Dhaka, in Artha Execution Case No. 682 of 2005, should not be declared to have been passed illegally, without lawful authority and is of no legal effect." By the Rule issuing order the proceeding of the said Execution Case was stayed initially for 3(three) months and subsequently exte..

Category: Banking Law | Date: 16 May, 2011 | Hits: 179

S.M. Humayun Kabir Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....ment May 15, 2011. Result: The Rule is made absolute. The service of a government servant comes to an end when his resignation is accepted by the authority concerned subject to any law or rules so governing the terms and conditions of the service. Until the resignation is acce......d order is tainted with malafide and has been passed without jurisdiction, this Rule is very much maintainable. 8. The moot question which has come up for consideration in this Rule is at what stage the resignation of a government servant, if so tendered, becomes effective. 9. It is th...... have been passed without lawful authority and hence, is of no legal effect. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ..

Category: Employment/Service Law | Date: 15 May, 2011 | Hits: 22

Tofail Ahmed Vs. State, 2010, 39 CLC (HCD)

....under section 561A alongwith the annexures, firstly submits that the entire case as stated in the FIR and in the charge sheet, if considered in its entirety and be accepted as true, does not disclose any offence under the afore­said sections of the law. He next submits that, there is no allegati......urt, submits that the grounds taken in this case are all questions of fact to be decided at the time of the trial and the impugned proceeding should not be interfered with on these grounds or at this stage. He also submits that the sanction was given after prop­er application of mind and upon as......- This rule under section 561A of the Code of Criminal Procedure (the Code), at the instance the accused-petitioner, has been issued calling upon the opposite party to show cause as to why the entire proceeding of Special Case No.89 of 2002 arose out Motijheel Police Station Case No.54 dated 17-06-2..

Category: Anti-Corruption Laws | Date: 15 May, 2011 | Hits: 211