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Pubali Bank Ltd. Vs. Md. Mamunur Rahman and Another, 2001, 30 CLC (HCD)
....t No.1, a loan of Taka 8.00 lac was allowed in its favour by the plaintiff which was subsequently enhanced to Taka 11.00 lac by the sanction letter dated 15-3-1986. The defendant No.1 although repaid some amounts of money towards liquidation of its loan liabilities from time to time but since 24-6-1......without any order as to cost. The counter-claim of the defendant No.1 is dismissed as not maintainable. Send down the records forthwith. Ed This Case is also Reported in: 54 DLR (2002) 458.......without any order as to cost. The counter-claim of the defendant No.1 is dismissed as not maintainable. Send down the records forthwith. Ed This Case is also Reported in: 54 DLR (2002) 458....... High Court Division (Civil Appellate Jurisdiction) Present: ABM Khairul Haque J KM Khaled J Pubali Bank Ltd………….……………….. Appellant Vs. Md. Mamunur Rahman and Another………. Respondents Judgment December 9, 2001. Case Referred To- Sulta..Category: Civil Law | Date: | Hits: 79
Shahjahan Faraji and another Vs. State, 2002, 31 CLC (HCD)
.... hostile postures of their adversaries at Barisal that they are unable to go Barisal for doing the needful in connection with the case. It has been alleged that the adversaries of the petitioners are so dangerous and disparate in nature that they can easily kill the petitioners if they get them at B......he date of receipt of the order. Communicate the order to the learned Magistrate, Barisal at once for his information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002)457.......ostile circumstances created by the opponents of the petitioners that the case should be transferred from Barisal to any other competent Court outside the district of Barisal for a fair and impartial trial. 3. The learned Assistant Attorney-General appearing for the State strongly opposes the pra......ase is also Reported in: 54 DLR (2002)457...Category: Procedural Law | Date: | Hits: 61
Moniruzzaman (Md.) Vs. ANM Didar-e-Alam and others, 2002, 31 CLC (HCD)
.... does not disclose any offence under section 138 of the Negotiable Instruments Act, 1881 and the learned Magistrate committed illegality in taking cognisance under section 406 of the Penal Code and also committed illegality in framing charge in the said section of law. He further submits that the pe......g on the decision of the case on merit. In the result the Rule is discharged. The order of stay passed by this court at the time of issuance of the Rule staying further proceeding of the case is recalled. Send down a copy of the order to the court below immediately. Ed This Case is also Repo......in the supplementary affidavit that subsequently the accused petitioner herein has cleared up the dues of the complainant. Since this is purely a question of fact, the same can only be decided by the trial Court on taking evidence. 8. The legal question which has been raised the learned Advocate ...... Division (Criminal Miscellaneous Jurisdiction) Present: Md. Ali Asgar Khan J Md. Shamsul Huda J Moniruzzaman (Md.)……..…………………Petitioner Vs. ANM Didar-e-Alam and others ….Opposite Parties Judgment June 18, 2002. Cases Referred To- Ali Akkas..Category: Criminal Law | Date: | Hits: 29
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2001, 30 CLC (HCD)
....avour of the plaintiff Nos. 1 and 2 to effect a deed of exchange and the said power of Attorney was duly registered in the office of a Magistrate, 1st Class, Udaypur, Tripura on 24-5-1963 which was also duly restamped in the then Pakistan and the parties to the said exchange got possession of their ......aintain a suit for declaratory decree under section 42 of the Specific Relief Act the plaintiffs must have clear title to the suit property and no suit can be filed or maintained on the basis of a so called power of attorney executed in India without being by the then Embassy of Pakistan. Mr. Shahid......are all forged and the initials in the names of the Government officials in the said documents are also created with the help of veteran forgers with purpose to file this false suit. 9. During the trial the plaintiffs examined two witnesses— PW 1 being the plaintiff No. 1 and PW 2 being one Lok...... as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 440...Category: Property Law | Date: | Hits: 23
Tajul Islam Vs. Gobinda Prashad Das and others, 2000, 29 CLC (HCD)
....such direction of accused No. 3, the accused No.2 snatched away Taka 300 from his pocket which the accused No. 2 gave to accused No.1 Tarani Mohan Ghosh as illegal gratification. At that time, the persons present protested this sort of behaviour meted out to him by the accused when the accused No.2 ......harged. In the result, the Rules are discharged. The order of stay granted earlier at the time of issuance of the Rules are hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002)436.......m the date of receipt of such letter as required. Thereafter, the learned Special Judge, Cox’s Bazar sent back the case to the Court of Divisional Special Judge, Chittagong Division, Chittagong for trial where Divisional Special Judge; Chittagong Division, Chittagong framed charge against the accu......upreme Court High Court Division (Criminal Revisional Jurisdiction) Present: Md. Ali Asgar Khan J SK Sinha J Tajul Islam ………………Petitioner Vs. Gobinda Prashad Das and others……….Opposite Party Judgment November 30, 2000. Cases Referred To- Dalpat..Category: Criminal Law | Date: | Hits: 62
Sarwar Garments Ltd. Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....d in their attempt to cripple the petitioner Company inasmuch as they obtained a Rule and stay against order dated 21-5-2001 the respondents are bent upon the petitioner and with malafide intention resorted to the provision of section 13(3) of the Customs Act, 1969 and issued a show cause notice as ......he non-cooperation of the petitioner Company as they are not filing any reply to the show cause notice, though by an application they have applied for time for filing certain documents which has been called for by the respondent. The learned Deputy Attorney-General further submits that from Annexure......ose of the inquiry initiated by her under section 13(2) (b) of the Customs Act expeditiously and as early as possible in accordance with law. Ed. This Case is also Reported in: 54 DLR (2002) 420.......sion (Special Original Jurisdiction) Present: Syed Amirul Islam J AKM Shafiuddin J Sarwar Garments Ltd…………………….Petitioner Vs. Chairman, National Board of Revenue and ors………………. Respondents Judgment August 13 and 14, 2001. Lawyers Involved: ..Category: Fiscal/Taxation Law | Date: | Hits: 63
Ferdousi Islam Vs. Nur Mohammad Kha and others, 2000, 29 CLC (HCD)
....d opposite parties stating, inter alia, that on 14-1-1996 at 8-00 PM her husband, Md. Rafiqul Islam, went to a brick field at night after taking meal assuring the informant that he would return after some time. But he did not return on that night and therefore on the following morning she had been t...... 265C of the Code inasmuch as he did not consider the record of the case or the documents sent therewith and passed the order on extraneous matters. The further submission is that though a report was called for by the learned Judge, but before the receipt of the report the impugned order has been pa......, of the Penal Code. The petitioner surrendered before the Court on 26-4-98 and was released on bail in the said case. The instant case was registered as Sessions Case No. 4 of 97 and was pending for trial before the learned Additional Sessions Judge. The accused opposite parties filed petition unde......ourt Division (Criminal Revisional Jurisdiction) Present: Amirul Kabir Chowdhury J Abdul Aziz J Ferdousi Islam………….………………….Petitioner Vs. Nur Mohammad Kha and others………… Respondents Judgment October 25, 2000. Lawyers Involved: Syed ..Category: Criminal Law | Date: | Hits: 33
Mustafa Kabir Uddin Ahmed Vs. Badrun Nessa Chowdhury, 2002, 31 CLC (HCD)
....de of Civil Procedure with a copy to the other side for withdrawal of the suit with liberty to sue afresh on the self-same subject matter contending, inter alia, that through mistake and inadvertence some formal defects took place in the petition by reason of which the petitioner will not be able to......hus disposed of on the above terms and conditions. Let the lower court’s records down expeditiously with a copy of this judgment and order. Ed. This Case is also Reported in: 54 DLR (2002) 416....... 10. It is submitted that there are many other several defects in the instant revision case for which this revision case may be withdrawn with permission to sue afresh with a direction of the learned trial Court below to amend the schedule column of the plaint and to remove other defects as necessar......med……………………Petitioner Vs. Badrun Nessa Chowdhury……………..Opposite Party Judgment April 3, 2002. Case Referred To- AZM Khalilur Rahman vs. Md. Syed Hossain and ors 25 DLR 485; AIR 1934 All, 450. Lawyers Involved: Samarendra Nath Goswami, Advocate—..Category: Procedural Law | Date: | Hits: 83
Golam Mohammad Khan Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)
....amidul Haque J.- This Rule was issued calling upon the respondents to show cause as to why the detenu Al-Haj Mokbul Hossain now detained in Dhaka Central Jail, should not be brought before this Court so that it may satisfy itself that he is not being held in custody illegally and without any lawful ......e D) of the supplementary affidavit. At first it is mentioned that the workers and supporters of the detenu assembled in his house at night to prepare plans and strategy in connection with the hartal called by Bangladesh Awami League on 2-12-2001. Next, it is mentioned that during hartal of that day......tention. In the case of Shariar Kabir which has been decided only few days back, we have elaborately discussed the question of treatment towards a detenu. A detenu, being neither convict nor an under trial prisoner, should get separate treatment and should be given opportunity to meet members of his......urt Division (Special Original Jurisdiction) Present: Md. Hamidul Haque J Nazmun Ara Sultana J Golam Mohammad Khan………………… Petitioner Vs. Government of Bangladesh and others….. Respondents Judgment January 16, 2002. Cases referred To- Mostafizur ..Category: Criminal Law | Date: | Hits: 60
Makbul Ahmed and others Vs. Mohammedullah and others, 2000, 29 CLC (HCD)
....titioners and any information given to the said appointed Advocate is no information is the eye of law. 6. Order III rule 4(1) CPC is in the following terms: (1) No pleader shall act for any person in any court, unless he has been appointed for the purpose by such person by a document in writi......f 1983. 15. Having regard to the facts and circumstances of the case there will be no order as to costs. Send down the record at once. Ed. This Case is also Reported in: 54 DLR (2002) 399.......ts original file and number. It was ordered by the High Court Division that the defendants shall pay to the plaintiffs as cost Taka 1,000 within 2 months from the date of arrival of the record in the trial Court failing which the appeal shall stand dismissed. 3. The trial Court received the case ......the record at once. Ed. This Case is also Reported in: 54 DLR (2002) 399...Category: Procedural Law | Date: | Hits: 62
Abdul Mannan Miah Vs. Md. Salaiman Miah, 2000, 29 CLC (HCD)
....6-6-2000 passed by the learned Additional District Judge, First Kishoregonj, in Title Suit No. 3 of 1999 allowing the application of the plaintiff respondent under Order XXXIX rules 1 and 2 CPC and also rejecting the application of the defendant filed under Order VII rule 11 CPC. 2. The plaintiff......ned trial Court is directed to dispose of the suit expeditiously preferably within three (3) months from the date or receipt of this judgment. Ed. This Case is also Reported in: 54 DLR (2002)394.......n Miah …….Respondent Judgment December 13, 2000. Cases Referred To- 48 DLR 28; 50 DLR 548; 1987 BLD (AD) 130; 28DLR 1171; Abdul Jabbar vs. Ahmed Jan PLD 1973 Karachi 289; Burneys Industrial and Commercial Co. Ltd vs. Rahman Match Works PLD 1983 Karachi 357; Flowerdale vs. Hale Electr...... …….Respondent Judgment December 13, 2000. Cases Referred To- 48 DLR 28; 50 DLR 548; 1987 BLD (AD) 130; 28DLR 1171; Abdul Jabbar vs. Ahmed Jan PLD 1973 Karachi 289; Burneys Industrial and Commercial Co. Ltd vs. Rahman Match Works PLD 1983 Karachi 357; Flowerdale vs. Hale Electric (19..Category: Intellectual Property Law | Date: | Hits: 200
Abul Member and Abul Hussain Vs. Secretary, Ministry of Home Affairs and others, 2002, 31 CLC (HCD)
....ahman Khan, learned Assistant Attorney-General opposes the Rule contending, inter alia, that the detenu, is a professional Mastan, an enlisted terrorist, notorious extortionist and one of the close associates and anti accomplices of a notorious terrorist group called ‘Nadim Group’ who created a ......le contending, inter alia, that the detenu, is a professional Mastan, an enlisted terrorist, notorious extortionist and one of the close associates and anti accomplices of a notorious terrorist group called ‘Nadim Group’ who created a reign of terror in Kamrangirchar Police Station and other pla......tention order of the detenu is illegal and, as such, the Rule is liable to be discharged. Accordingly, the Rule is liable to be discharged. Ed. This Case is also Reported in: 54 DLR (2002)392.......is Case is also Reported in: 54 DLR (2002)392...Category: Criminal Law | Date: | Hits: 22
Zahid Hossain @ Paltu and others Vs. State, 2002, 31 CLC (HCD)
....nal Sessions Judge, First Court in-charge, Bakerganj in Sessions Case No. 120 of 1982 convicting all the five appellants under section 396 of the Penal Code and sentencing each of them to suffer imprisonment for life. Both the appeals are disposed of by this judgment. 2. Accused-appellant No. 1 Z......o. 761 of 1970 against his father. But we find from the statement of Helal made under section 342 Cr.P.C. that he filed some documents in support of the above. This Court by an order dated 7‑6‑90 called for those papers from the trial Court and those documents were sent by the trial Court to thi......n 24‑1‑1978 and lodged the first information report accordingly. 4. Police submitted charge-sheet against five accused-appellants and another Selim under section 302 of the Penal Code to stand trial after completion of investigation of the case. Accused Md. Selim and Tota made confessional st......is Case is also Reported in: 55 DLR (2003) 160. ..Category: Criminal Law | Date: | Hits: 35
Uttara Bank Ltd. Vs. Ali and Co. and another, 2000, 29 CLC (HCD)
....nch, Dhaka in directed against the judgment and decree dated 28‑7‑1997 passed by the Subordinate Judge and Artha Rin Adalat in Title Suit No. 182 of 1984. Further, the Appeal No. 148 of 1999 is also against the same self Judgment and decree dated 14‑9‑1997 passed by the Subordinate Judge and......t and hear both the aforesaid suits analogously as early as possible, preferably within 6(six) months from date of receipt of the LC Records. Ed. This Case is also Reported in: 55 DLR (2003) 156.......fendants have further contended that the plaintiff bank had/has 2nd cause of action to institute this suit and the same is liable to be dismissed as against them. 7. On the aforesaid pleadings the trial Court framed as many as 3 issues, namely, (1) whether the suit in its present form is maintain......(2003) 156...Category: Civil Law | Date: | Hits: 101
Nadera Banu Vs. Protiva Rani Sen Gupta and others, 2003, 32 CLC (HCD)
.... 3. The plaintiff-opposite parties opposed the Nadera Banu said application of the petitioner contending, inter alia, that the identity of the suit land was not in dispute and, as such, there was absolutely no necessity for local investigation. In was further contended that the present move was ju......Judge is hereby directed to dispose of the suit as expeditiously as possible, preferably within months from the date of receipt of the order. Ed. This Case is also Reported in: 55 DLR (2003) 149.......ence which from its very nature can only be had on the spot. The issuance of a Commission is thus a matter of discretion for the Court, which must be exercised judicially and not fancifully. When the trial Court does not find local investigation necessary for deciding a suit and rejects the prayer f......igh Court Division (Civil Revisional Jurisdiction) Present: Gour Gopal Saha J Sheikh Rezowan Ali J Nadera Banu………………………petitioner Vs. Protiva Rani Sen Gupta and others…………Opposite Parties Judgment January 6, 2003. Cases Referred To- Kaz..Category: Property Law | Date: | Hits: 31
Zakir Hossain and another Vs. State, 2002, 31 CLC (HCD)
....€‘9‑89 GR 63/89 under sections 302/34 Penal Code. 2. Prosecution case, in brief, was that at 4‑00 PM on 28‑9‑89 accused appellant Zakir Hossain called out victim Shamim 7/8 years old minor son of informant PW 1 Muslim from their courtyard. Shahjahan, another son of PW 1 informant Moslem, ....../91 arising out of Matlab PS Case 8 dated 29‑9‑89 GR 63/89 under sections 302/34 Penal Code. 2. Prosecution case, in brief, was that at 4‑00 PM on 28‑9‑89 accused appellant Zakir Hossain called out victim Shamim 7/8 years old minor son of informant PW 1 Muslim from their courtyard. Shah......r. Wherein it was registered as ST Case No. 2 of 1991. Accused Suruj and Sadek Ali still remained absconding and accordingly state defence lawyer was appointed for those two absconding accused at the trial. 6. Hearing parties charge under sections 302/34 Penal Code was framed against above 3 accu...... Ed. This Case is also Reported in: 55 DLR (2003) 137...Category: Criminal Law | Date: | Hits: 34
Zakir Hossain Munshi Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....that respondent No. 1, Government of Bangladesh, with a view to expand the telephone communication network all over the country, entered into a contract dated 11th November, 1996 with GrameenPhone Consortium now GrameenPhone Limited (hereinafter referred to as "GrameenPhone") and also granted Licenc......ticing Advocate of the Supreme Court, seeks to impugn the imposition and realisation of royalty and licence fees every year as unlawful and without jurisdiction. By the same rule the respondents were called upon to show cause why they should not be directed to refund the money realised from the peti......o be refunded to the petitioner forthwith. In the result, the Rule is made absolute in the foregoing terms without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 130. ........Petitioner Vs. Government of the People's Republic of Bangladesh…………………Respondent Judgment July 16, 2002. Cases Referred To- Conforce Ltd Vs. Titas Gas Transmission and Distribution Co. Ltd and another, 42 DLR 33; Shahabuddin (Md) Vs. Bangladesh and others, 45 DLR ..Category: Information Technology Law | Date: | Hits: 217
Hajee Abul Hossain and others Vs. Md. Amjad Hossain and others, 2010, 39 CLC (AD)
.... 27th February, 1989 of the Subordinate Judge, Second Court, Dhaka in Title Suit No.77 of 1986. Appellants instituted the above suit seeking declaration of title in respect of .09 acres of land and also for declaring a deed dated 10th January, 1987 executed by the respondent No. 2 in favour of the r......le in the suit lands. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 436, 15 MLR (AD) (2010) 485, 8 LG (AD) (2011) 10.......through Pear Baskha by way of taking settlement are forged and collusive papers which had been created for the purpose of the suit. 6. The High Court Division, on the other hand, observed that the trial court illegally admitted the deed dated 11th June 1966, Exhibit 1, as secondary evidence by wh...... Appellate Division (Civil) Present: Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Hajee Abul Hossain and others...............................Appellants Vs. Md. Amjad Hossain and others............Category: Property Law | Date: | Hits: 36
Janata Insurance Company Ltd. Vs. M/s. Islam Steel Mills Limited and another, 2010, 39 CLC (AD)
....amount on the averments that its stock of raw cotton valued at Tk. 2 crore were insured with the defendant under an insurance policy for Tk. 2 crore covering the risk of fire, cyclone and flood. It also instituted Money Suit No. 46 of 1994 for recovery of Tk. 68,27,299.42 on the averments that it im...... on them, and where a legal property in goods passes to the person who lends money on them, but the possession does not pass, it is hypothecation, the document by which the legal property is given is called a bill of sale. In cases of hypothecation, the hypothecated goods need not to be in the physi......ut any order as to costs. This judgment would govern ail the appeals. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 478, 7 LG (AD) (2010) 208, 63 DLR (AD) (2011) 5, VIII ADC (2011) 932. ......em Mominur Rahman J Md. Muzammel Hossain J Surendra Kumar Sinha J Janata Insurance Company Ltd..........................Appellant (In all the cases). Vs. M/s. Islam Steel Mills Limited and another......Respondents (In Civil Appeal No. 63 of 2002). M/s. Karnaphuli Cotton Mills Limi..Category: Business or Commercial Law | Date: | Hits: 212
Azim vs. Naim Ara Begum, 2003, 32 CLC (HCD)
....ch month. The second agreement dated 1‑1‑1989 is admitted in evidence as Exhibit 2. As per terms of the agreement if monthly rent remains unpaid within the aforesaid stipulated period the tenancy so created is liable to be terminated. It is also evident that there being no renewal of the second ......nguishable and the cited decision is not at all was no agreement in between the parties, creating monthly tenancy, fixing monthly rent. In the said case, it was found a valid lease as it could not be called upon and such type of unregistered deed of and as such the defendants were found not liable t...... dischareged without any order as to costs. The stay order passed in connection with the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 158. ......………………………………..Petitioner Vs. Naim Ara Begum..................Opposite Party Judgment April 30, 2003. Case Referred To- Subrati-appellant vs Kunz Behari Lal and others respondent, AIR 1946, Allahabad 403. Lawyers Involved: Golam Mostafa, Advocate-For ..Category: Property Law | Date: | Hits: 28
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