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State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)
....ial the accused were convicted as aforesaid. 12. The learned Deputy Attorney General appearing for the State supports the reference and submits that explosions caused on 17-8-2005 throughout the whole country were identical, and the exploders are the members of JMB. He adds that although there ......the Privy Council in the case of Pakala Narayan Swami Vs. The King Emperior reported in AIR 1939 PC 47(52) wherein Lord Atkin observed that "No statement containing self exculpatory matter could amount to confession if the exculpatory statement was of some facts which if true could negative the......gainst absconding accused Mohon and Tuhin. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 53. ..Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6
M/S. Hasan Vegetable Oil Mills Ltd. Vs. M. T. SCEPTRE, 2011, 40 CLC (HCD)
....of lading mentioned quantity 10000 M.T. of the CDSO on board the vessel at the load port. Therefore in order to resolve this discrepancy in quantity at the load port, it involves another party in the whole dispute i.e. shipper-supplier of the cargo, to prove what was the exact quantity of CDSO loade......bsp; 3. The claim of the plaintiff not being satisfied, the plaintiff instituted the instant Admiralty Suit for realization of the claim from the defendants to the extent of an amount of US$ 34192.35 equivalent to BD. Tk. 18, 80,579.25 along with an interest @ of Tk. 18% per a...... as to costs. The Bank Guarantee submitted by the defendants earlier be returned immediately to the filing Advocate on behalf of the defendant Nos.1 and 3. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: 17 Jul, 2011 | Hits: 61
Kaisar-uz-zaman Vs. State and others, 2011, 40 CLC (HCD)
.... the light of observation made above. The order passed earlier staying further proceeding of the special case is hereby vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 15. ......obtaining sanction of the Commission by the investigating police officer. After investigation the police officer submitted charge sheet against two accused persons for defalcation of a huge amount of money of the Bank, one of whom made confessional statement implicating himself and so......formant Kaisar-uz-zaman received Taka 40,00,000 in total from different account holders, including Taka 8,70,000 from Juned Ahmed, which they deposited against their respective accounts. But the money had not been entered in their accounts. Accordingly in that case final report was submitted an..Category: Anti-Corruption Laws | Date: 14 Jul, 2011 | Hits: 43
Abul Bashar Vs. Abul Kashem and others, 2011, 40 CLC (HCD)
....rder without giving any unnecessary adjournment to the parties. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 199. ......rder without giving any unnecessary adjournment to the parties. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 199. ......Taka 15,000 and received Taka 3,000. Mabia Khatun died leaving defendant Nos.1-8 as heirs, who confirmed the aforesaid agreement of their mother and also receiving of Taka 4,000 towards consideration money, gave undertaking on 10-5-1980 and executed instant kabala. Nurul Alam filed Other Class Suit ..Category: Civil Law | Date: 23 Jun, 2011 | Hits: 44
Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)
....w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ......t No.1 to pay the loan as stipulated in the loan agreement, the petitioner filed Money Suit No.19 of 1987 in the Court of 1st Subordinate Judge, Comilla for a sum of Tk. 6,25,486.05, being the loan amount and accrued interest thereon. The respondent No.1 filed written statement admitting that he...... matter has been pending since 1991 and Sonali Bank took no action to prosecute the case and if the Bank had accepted the decree when it was pronounced then by this time they would have received more money than the money which has accrued from the award of a lesser rate of interest. This is what we ..Category: Banking Law | Date: 22 Jun, 2011 | Hits: 162
Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)
....w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ......t No.1 to pay the loan as stipulated in the loan agreement, the petitioner filed Money Suit No.19 of 1987 in the Court of 1st Subordinate Judge, Comilla for a sum of Tk. 6,25,486.05, being the loan amount and accrued interest thereon. The respondent No.1 filed written statement admitting that he...... matter has been pending since 1991 and Sonali Bank took no action to prosecute the case and if the Bank had accepted the decree when it was pronounced then by this time they would have received more money than the money which has accrued from the award of a lesser rate of interest. This is what we ..Category: Banking Law | Date: 22 Jun, 2011 | Hits: 7
Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)
....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. ......ce Bank Ltd. Dhaka (shortly, the Bank), as plaintiff, on 15-6-1990 instituted Money Suit No.72 of 1990 before the Court of Subordinate Judge and Artha Rin Adalat No.1. Dhaka for realization of loan amounting to Taka 2, 91,632 as stood on 31-3-1990 impleading Messrs Ahmed and Brothers and the peti......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. ..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)
....ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ......ourt of appeal, on the other hand, after reassessment of the evidence of P.Ws.1-4 held that the pre-emptor's witnesses had admitted the pre-emptee’s claim of development of the case land except the amount of costs spent towards such development, that the improvement and constructions were made in ......ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Md. Arif-Uz-Zaman Vs. State and another, 2011, 40 CLC (AD)
....ection 123A with the proceedings to be initiated under section 138 of the Act. If the interpretation of Mr. Mahmud about clause (a) of sub-section (2) of section 123A of the Act, is accepted then the whole purpose of bringing into book of the defaulting drawer of the cheque shall be frustrated; acco......s 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 of any amount of money to another person from out of that account. Legislature very well knew about section......p; 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 of any amount of money to another person from out of that account. Legislature very well knew about section 123A of t..Category: Banking Law | Date: 9 Jun, 2011 | Hits: 196
Chairman, Rajdhani Unnayan Katripakkha Vs. Mosammat Rahima Khatun and others, 2011, 40 CLC (HCD)
....ule is herby vacated. Send down the lower court records along with a copy of this judgment immediately to the court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in:......ule is herby vacated. Send down the lower court records along with a copy of this judgment immediately to the court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in:......e under section 7(3) of the Acquisition and Requisition of Immovable Property Ordinance, 1982 (herein after referred to as the Ordinance). The present opposite party Nos.1-3 received the compensation money with objection through their lawful attorney. The compensation money was inadequate. Thus the ..Category: Limitation Law | Date: 2 Jun, 2011 | Hits: 165
Sk. Nurul Islam Vs. State, 2011, 40 CLC (HCD)
.... enter into the merit of the case. 13. Thus, we are constrained to hold that as the sanction to prosecute the appellant in the instant case is found to be no valid sanction in the eye of law the whole prosecution is found to be without jurisdiction and as such the impugned judgment and ord......tion alleging that, accused Md. Nurul Islam, Auditor, Accounts Office, Doulatpur Upazila Parishad, Kushtia in connivance with the other accused persons misappropriated the public money amounting to Tk. 4976/- of the aforesaid Upazila Parishad. He, being a public servant, having misapp......ce Station alleging that, accused Md. Nurul Islam, Auditor, Accounts Office, Doulatpur Upazila Parishad, Kushtia in connivance with the other accused persons misappropriated the public money amounting to Tk. 4976/- of the aforesaid Upazila Parishad. He, being a public servant, having ..Category: Anti-Corruption Laws | Date: 19 May, 2011 | Hits: 157
Manager, Rupali Bank Ltd. Vs. M/S New Music Corner and another, 2011, 40 CLC (HCD)
....t record. Send down the lower Court records along with a copy of this judgment immediately to the Court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ...... to deal with electronics goods. He filed an application to the plaintiff bank to renew his previous loan, thereafter, on 11.06.1988 vide sanction letters No.45 and 46 the bank sanctioned loan for an amount of Tk. 2,00,000/- as cash credit hypothecation and Tk. 10,00,000/- as cash credit pledge, in ......f the said loan and mortgaged his property mentioned in the schedule of the plaint with the bank by a registered deed. In the sanction letter it was stipulated that the defendant would repay the loan money with the specified time but since he failed to repay the loan amount till 30.09.1994, the cash..Category: Banking Law | Date: 18 May, 2011 | Hits: 209
Major (Retd.) Rafiq Hasan Faruq Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....nterest of the decree holder, rather it is likely to pave the way for better satisfaction of the amount of the decree. 16. In our view the expression "the amount" occurring in this rule means "the whole amount," and no permission can be granted by the Court unless the entire decreetal debt can be......, the Bank filed Artha Rin Suit No. 491 of 2004 in the Artha Rin Adalat, 1st Court, Dhaka (shortly, the Adalat) for recovery of the loan with interest. Eventually, the suit was decreed exparte for an amount of Tk. 5,40,49,309.76/-. 3. The decree holder Bank initiated Artha Execution Case No-120 o......age, lease or sale: Provided that all monies payable under such mortgage, lease or sale shall be paid, not to the judgment-debtor, but save in so far as a decree-holder is entitled to set-off such money under the provisions of rule 72, into Court:. Provided also that no mortgage, lease or sale..Category: Banking Law | Date: 16 May, 2011 | Hits: 179
Tofail Ahmed Vs. State, 2010, 39 CLC (HCD)
....cerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 363. ......-ur-Rashid, maintained with the National Bank Ltd., Dilkusha C/A, Dhaka to the Saving Account No.481 of Mr. Abdul Momen Tulu, maintained with the National Bank Ltd., Bhola Branch. In this process, an amount of Tk. 25,00,000 (twenty lakh) was transferred by TT No.27 dated 2-9-2001 and another amount ......eal crores of Taka earned by him through dishonest means, while he was in charge of the Ministry of Industries, and with intent to frustrate the apprehended possibility of forfeiture of the said money. Mr. Tofail Ahmed has got a portion of the said money tactfully removed, by way of telegraphic..Category: Anti-Corruption Laws | Date: 15 May, 2011 | Hits: 211
Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)
.... adults. Further there are other houses nearby to the place of occurrence. In such situation it is not earthly possible to commit rape upon a girl of 12 years, who did not sustain any injury over her whole body or there is no mark of struggle at any parts of her body. 8. The story of disclosur...... it appears from the evidence that over the occurrence there was a Salish and in the Salish it was decided that the petitioner will have to pay Tk. 35,000/- as fine and on his failure to pay the said amount the case was initiated after lapse of about 8 months. 9. Learned Counsel further submits......nd to Hatem Ali who is brother of accused Abul Hashem. She denied the defence suggestion that there was enmity over selling of the homestead land. She further denied the suggestion that they received money from Hashem through a Baina-nama for selling their homestead land to him. She had first came t..Category: Women and Children | Date: 15 May, 2011 | Hits: 95
.... the Supreme Court are ‘the judicial power’ appearing above. It meant, however, in the language of John Marshall, C.J., in Marbury V. Madison, 1803, that “The Constitution vests the whole judicial power of the United States in one Supreme Court”. The Supreme Court, in constru......terest or grievance in the matter, as such, not an ‘aggrieved person’ within the language of Article 102, still his appeal was entertained, in the discretion of the Court, because, the paramount interest of the people was involved.
This is how the traditional conservative view on st......authorized, is maintained.
No order as to costs.
This Case is also Reported in:
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Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
....er and the bank. In such posture of things, Section 138(1) cannot be applied against accused-petitioner. 10. By the way, it has to be established that the cheque was issued to discharge, either in whole or in part, a legally enforceable debt or liability. The accused-petitioner had never any debt....... Anyway, on 22.04.2009 the complainant through his lawyer gave a legal notice to the accused-petitioner by registered post with A/D which was received by her on 30.04.2009, but she did not repay the amount thus committing an offence punishable under Section 138 of the Negotiable Instruments Act. ......ion 138(1) of the Negotiable Instruments Act. Section 138(1) of the Act contemplates that 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: 12 May, 2011 | Hits: 251
Obaidul Kader (Md.) Vs. State, 2011, 40 CLC (HCD)
....et against Mr. Habibur Rahman inspite of his making an incriminating statement? (13) Why his statement should not recorded confessional statement under section 164 showing his sole involvement in the whole transaction? (14) Why ACC, in the facts and circumstances of this case should not hear the acc......while the accused petitioner was holding office as the Minister for State of the Youth, Sports and Cultural Affairs and also as the Chairman of National Sports Council, Dhaka had obtained as bribe an amount of Taka 38,00,000 (thirty eight lakh) from 14 (fourteen) contractors (firms) as named in...... in the FIR who were engaged in the implementation of various projects and development works under the National Sports Council. It has further been stated in the FIR that the said amount of money, alleged to have been taken as bribe from the aforesaid contractors, was received in cash by o..Category: Anti-Corruption Laws | Date: 11 May, 2011 | Hits: 223
Rupali Bank Ltd. Vs. Sree Babu Jiban Kumer Shaha, 2011, 40 CLC (HCD)
....aintiff. Send down the lower court records along with a copy of this judgment immediately to the court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ......herpur decreeing the suit in part. 2. The appellant as plaintiff instituted Artha Rin Case No.14 of 1996 impleading the respondent as defendant for realization of Tk. 1,53,412/- as the principle amount along with interest and other charges. 3. The plaintiff in his plaint stated inter alia ...... allegations made in the plaint by the plaintiff and stated inter alia that he is a disable person. He used to run his business in a rented shop with a name and fame. To extend his business he needed money and applied to the bank to sanction a loan and accordingly a loan was sanctioned in his favour..Category: Banking Law | Date: 11 May, 2011 | Hits: 210
Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)
....aside. The suit is dismissed, however without any Order as to costs. Send down the records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 11. ......before the defendant No.1 and those certificates were lying with the custody of defendant Bank. (i) The defendant Bank gave dividend to the plaintiff for the financial year 1986-87, 1987-1988 an amount of Taka 1,82,082. The plaintiff was given 7585 bonus shares on 20-12-2001 bearing certificate......d new share certificate was issued in the name of the plaintiff. One of the Directors named Sarkum Ali and the plaintiff's husband were friends. b) The plaintiff's husband was in need of money for his business and requested Sirkum Ali to purchase/mortgage/lien of the shares and to provi..Category: Company Law, Procedural Law | Date: 8 May, 2011 | Hits: 9
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