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Abdul Awal Mia (Md.) Vs. Sonali Bank & others, 1990, 19 CLC (HCD)
..../MISC‑0223 (a)/63 FG‑27 all shortages of cash due to defalcation is coveted up to the limit of Tk. 10,00,000/‑ for which full premium has been paid and the defendant No. 2 is thus bound to make good the loss in case of such defalcation of money of the plaintiff. The said defalcation amount has......0.00 A statement showing the, shortage of the amount of Tk. 19000.00 by denomination of currency notes was obtained by the defendant No. 3. Before signing the Cash Balance Book and other books of the records the defendant No. 3 could not check and verify the physical position of cash due to the clev......ant No. 1 and not over the cash and hence the defendant No. 3 cannot be hold liable for any defalcation of shortage, of the cash. The plaintiff found the defendant No. 1 guilty and dismissed him from service and also proceeded against him in criminal case. The plaintiff was aware of the character an..Category: Civil Law | Date: | Hits: 82
Dildar Hossain and another Vs. Md. Sharif Hossain and others, 1990, 19 CLC (HCD)
....f fresh service of summons upon the cited witnesses is allowed. Let a copy of this order be transmitted to the Court concerned immediately. Ed. This Case is also Reported in: 43 DLR (1991) 196. ...... Saha Banik, Nripendra Kumar Saba Banik and Prasanta Kumar Saha Banik that Satya Kumar Saha Banik died leaving behind him 2 sons namely, Tapan Kumar Saha Banik and Kartick Chandra Saha Banik; that SA record was duly prepared in the names of Raghu Nanda. Saha Banik, Nripendra Kumar Saba Banik, Prasan......the defendants. Defendant Nos. 1‑3 examined their witnesses also and then a date was fixed for evidence of these defendants‑petitioners who filed an application on 25.6.88 for permission to cause service of summons upon 7 cited witnesses including the alleged executants of the alleged deeds of p..Category: Property Law | Date: | Hits: 78
Deputy General Manager, Rupali Bank Ltd. Vs. Shah Jalal and others, 1990, 19 CLC (HCD)
....decision by the Trial Court on very independent issues without making any piecemeal of them." The Rule is, accordingly, discharged without Ed. This Case is also Reported in: 43 DLR (1991) 193.......decision by the Trial Court on very independent issues without making any piecemeal of them." The Rule is, accordingly, discharged without Ed. This Case is also Reported in: 43 DLR (1991) 193.......posite party No. 1, as plaintiff, brought Title Suit No. 225 of 1985 in the First Court of Munsif, now Assistant Judge, Barisal seeking, inter alia, a declaration that the order of termination of his services dated 17.9.81 was void, illegal, mala fide and without jurisdiction and that he was very mu..Category: Employment/Service Law | Date: | Hits: 64
Habibullah Chowdhury (Md.) Vs. Rajdhani Unnayan Kartipakhho and another, 1990, 19 CLC (HCD)
.... to costs and the order of stay passed by this Court is vacated. Let a copy of the judgment be served on the respondents for future guidance. Ed. This Case is also Reported in: 43 DLR (1991) 187....... to costs and the order of stay passed by this Court is vacated. Let a copy of the judgment be served on the respondents for future guidance. Ed. This Case is also Reported in: 43 DLR (1991) 187.......of natural justice. In an appropriate case if it is found that Authorised Officer or Building Construction Committee of RAJUK failed to follow the procedure provided under section 3B of the Act after service of the show cause notice in passing an order for removal of a building or filling up of a ta..Category: Property Law | Date: | Hits: 77
Sigma Huda Vs. Ishfaque Samad and others, 1993, 22 CLC (HCD)
....Mr. SAM Mahbub Elahi, the learned Advocate appearing for the accused petitioner, contends that the accused petitioner as an Advocate in the discharge of her professional duties acted bona fide and in good faith under instructions of her client and that the letter in question, Annexure‑B to the pet......incerely, honestly and with due care and caution. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 129. ......incerely, honestly and with due care and caution. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 129. ..Category: Family Law | Date: | Hits: 191
Idris Mia (Md.) Vs. Promode Ranjan Das & others, 1992, 21 CLC (HCD)
....tion of law I find that the application for pre‑emption has been rightly allowed. The rule is, therefore, disclosed without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 127....... in the application by the pre‑emptors or to adduce evidence to this effect in the absence of any averment to the contrary, will not render the application liable to be dismissed and an omission to record a finding to this affect in such a circumstance cannot be a ground for dismissal of the preâ€......tion of law I find that the application for pre‑emption has been rightly allowed. The rule is, therefore, disclosed without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 127...Category: Property Law | Date: | Hits: 72
Ismail Mohammad Vs. Motasim Ali Chowdhury, 1993, 22 CLC (HCD)
....record. The learned Advocate may move an application before the trial Court, if so advised. Accordingly the application is disposed of. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 123.......f 1985 for declaration of title and recovery of khas possession on the averment that the suit plot along with other lands originally belonged to Budhu Majhi in rayati right and his name was correctly recorded in CS Khatian. Budhu Majhi sold the suit plot along with other lands to Haji Marart Ali Bep......record. The learned Advocate may move an application before the trial Court, if so advised. Accordingly the application is disposed of. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 123...Category: Property Law | Date: | Hits: 79
Abul Kasem Talukder Vs. Shamsul Hoque Shawdagar, 1991, 20 CLC (HCD)
....he election of the petitioner as being void is set aside and the election petition dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 121. ......ari was opened in accordance with the order of the Election Commission and the voters were duly notified before the date of election. 5. The Election Tribunal, on consideration of the materials on record, declared that the election as whole was void and ordered for fresh election in all the centr......he election of the petitioner as being void is set aside and the election petition dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 121. ..Category: Election Law | Date: | Hits: 129
Mahbubur Rahman Khan @ Tipu Vs. State, 1993, 22 CLC (HCD)
....pugned judgment. In the result, the appeal is dismissed. Let the LC Record of the case be sent down to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 117. ......d of the real hijacker P.W.2 Md. Saiful Islam. Mr. M M Hyder, learned Advocate appearing for the appellant placed before us the FIR, the deposition of the prosecution witnesses, other materials on record and the impugned judgment. The learned Advocate for the appellant submitted that the appellan......ng. He did not verify the address of witnesses. The seized revolver made in Pakistan has been produced in Court. He was not an Arms Expert. But from experience he could say that the said revolver was serviceable, though the same was not sent to the Expert for examination. Similarly the bullet was al..Category: Criminal Law | Date: | Hits: 75
State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)
.... suspected of an offence for which he may be arrested by a police officer or a Court, shall be admitted to bail. The exercise of this power should, however, be confined to cases in which, not only is good prima facie ground made out for the grant of bail in respect of the offence alleged, but also, ......swer the call of nature, she was kidnapped by the accused-respondents, as such, a FIR was filed on 31-5-2010 with Char-fashion Police Station, Bhola, and Charfashion PS Case No.29 dated 31-5-2010 was recorded under section 7/30 of the Nari-O-Shishu Nirjatan Daman Ain, 2000. The case is now pending b......rate forthwith. With this direction, the petition is disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 53, 19 BLT (AD) (2011) 144, 8 LG (AD) (2011) 168, VIII ADC (2011) 620. ..Category: Criminal Law | Date: | Hits: 89
Budhiswar Biswas Vs. Akbar Ali Sheikh and others, 1990, 19 CLC (HCD)
....nd hence those are set aside resulting in the dismissal of the suit. This rule is, accordingly made absolute without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 183.......ourt and obtained the instant Rule. 5. Mr. Hasan Foez Siddique, the learned Advocate appearing for the defendant‑petitioner, submits that the learned Courts below erred in law on the fact of the record in decreeing the suit for Specific Performance of Contract without any valid ground and cogen......nd hence those are set aside resulting in the dismissal of the suit. This rule is, accordingly made absolute without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 183...Category: Property Law | Date: | Hits: 74
Gura Meah Vs. Hari Pada Parial & others, 1990, 19 CLC (HCD)
....ubstance in this appeal for what have been discussed above. In the result, the appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 181....... and 3 again was decreed ex parte on March 13, 1075. The present appellant preferred Other Appeal No. 122 of 1977 against the decree of the Trial Court. 4. The lower Appellate Court on evidence on record held that the plaintiff purchased 8 annas share of Anath Baran and Nirode Baran of the disput......, 1972 and remanded the suit for fresh trial with a direction to issue summons upon the defendant No. 2 the only heir of the deceased Nirode Baran, the vendor of the present appellant. The suit after service of summons upon the defendant Nos. 1 and 3 again was decreed ex parte on March 13, 1075. The..Category: Property Law | Date: | Hits: 69
Ghyas Siddique Vs. Bangladesh, 1990, 19 CLC (HCD)
....In the said case the House of Lords by a majority decision rightly dismissed the plaintiffs suit for damages against the defendant as it was obviously found that the Home Secretary acted bona fide in good faith. Lord Atkinson wrote a Respondents dissenting judgment but that was on different point th......the rescinding of the impugned order by the Government. The Rule is, therefore, discharged as infructuous without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 179. ......the rescinding of the impugned order by the Government. The Rule is, therefore, discharged as infructuous without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 179. ..Category: Criminal Law | Date: | Hits: 71
Chairman, Rural Electrification Board Vs. Md. Awlad Hossain and Others, 2010, 39 CLC (AD)
....e petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 73, 31 BLD (AD) (2011) 73, 16 BLC (AD) (2000) 111 & 8 LG (AD) (2011) 85. ......te-on-Record appearing for the respondent No.1, perused the civil petition for leave to appeal, the impugned judgment and order passed by the High Court Division and also other materials available on record. 5. On perusal of the materials on record it appears that in the instant case the respond......er Engineering. But the prayer for waiver was refused by the Member referring the note to the Chairman, REB. Subsequently, REB served office order dated 04.06.2007 suspending the respondent No.1 from service with immediate effect (Annexure-D). On 10.06.2007 the respondent No.1 was served with a char..Category: Employment/Service Law | Date: | Hits: 175
Abdul Kader (Md.) Vs. Md. Abdul Rafi Prodhan and other, 1989, 18 CLC (HCD)
....that it has been made in favour of the Returning Officer and it has been made as security for the cost of the petition. These are the requirements of rule 44(3) which have to be fulfilled. 8. In a good number of decisions it has, however, been laid down that a substantial compliance with such rul......he Rules. That case is thus distinguishable on facts from the case before me. In view of the above, I find no substance in this Rule. The Rule is, accordingly, discharged with costs. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 166.......e, I find no substance in this Rule. The Rule is, accordingly, discharged with costs. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 166...Category: Election Law | Date: | Hits: 130
Kadu and others Vs. State, 1990, 19 CLC (HCD)
....de. They be set at liberty forthwith if they are not wanted in any other connection. Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 163. ......is no other evidence on the side of the prosecution to prove the participation of the appellants in the occurrence which resulted in the murder or Asak Ali. 16. In consideration of the evidence on record, the facts and circumstances of the case as detailed above, we are of the view that prosecuti......de. They be set at liberty forthwith if they are not wanted in any other connection. Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 163. ..Category: Criminal Law | Date: | Hits: 74
Feroja Khatoon Vs. Brajalal Nath & others, 1989, 18 CLC (HCD)
....e suit stands decreed. Since there is no appearance on the side of the opposite party No. 1, question of awarding costs does not arise. Ed. This Case is also Reported in: 43 DLR (1991) 160. ......3. The kabala said to have been executed by defendant Nos. 1 and 2 in favour of the defendant No. 1 named Broshi Debi which was registered on 25.4.74, exhibit 'Kha'. 6. Considering the evidence on record the Trial Court upon believing the evidence of PWs decreed the suit against defendant No. 1 w......e suit stands decreed. Since there is no appearance on the side of the opposite party No. 1, question of awarding costs does not arise. Ed. This Case is also Reported in: 43 DLR (1991) 160. ..Category: Property Law | Date: | Hits: 64
Rana Awan (Mrs.) Vs. Bangladesh, 1990, 19 CLC (HCD)
.... authority constituted under a statute i.e. Article 15 of the President's Order No. 16 of 1972 read with Rule 4 of the Bangladesh Abandoned Property (Buildings in Urban Areas) Rules, 1972 still holds good. 15. By enacting Article 15 of the President's Order No. 16 of 1972 the legislature created ......with her co‑sharers executed a declaration in the year 1966 before a Notary Public in Karachi. Accordingly, the petitioner is alleged to have acquired 12 annas share and her 12 annas share was duly recorded in the SA record of right. Thereafter, she and her co‑sharers constructed a commercial bu......ed authority on 14.11.83 as contained in Annexure‑H to the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ..Category: Property Law | Date: | Hits: 78
Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)
....the application of the parties or suo motu. The power under Section 24 is discretionary in nature which must be exercised judiciously not capriciously or arbitrarily but for "substantial reasons" or "good grounds" based on the facts and circumstances of each case. Section 24 does not stipulate any c...... of 2006 filed by the defendant No.1 New Sagurnal Teal Co. represented by its Chairman is shown to have been in Dhaka and that the evidence of P.W. 1 in Money Suit No.2 of 2005 has some time ago been recorded by the Court of Joint District Judge, 1st Court, Moulvibazar for doing effective and comple......do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ..Category: Civil Law | Date: | Hits: 113
Sohel @ Sanaullah @ Sohel Sanaullah Vs. State, 2011, 40 CLC (AD)
....ed judgment and order of the High Court Division. In the result, the appeal be dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 105, VIII ADC (2011) 705, 9 LG (AD) (2012) 36. ......nt Sohel, on remand for fresh trial from the stage of examination under secÂtion 342 of the Code of Criminal Procedure and for disposal within 60 (sixty) working days from the date of receipt of the records. 3. The prosecution case, in short, is as folÂlows: On 25-4-2001 the accused Sohel c......ed judgment and order of the High Court Division. In the result, the appeal be dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 105, VIII ADC (2011) 705, 9 LG (AD) (2012) 36. ..Category: Criminal Law | Date: | Hits: 84
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