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Munshi Md. Rashed Kamal Vs. Abdus Salam and another, 2005, 34 CLC (AD)
.... Instruments Act. 3. The respondent moved the High Court Division for quashing the proceeding under Section 561A of the Code of Criminal Procedure. The High Court Division after hearing the parties passed the impugned judgment and order quashing the proceeding and hence is this appeal. ......ws:- 138. Dishonour of cheque for insufficiency, etc. of funds in the account. – (1) 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 ......that the appellant filed a petition of complaint on 11.12.2000 in the Court of the learned Chief Metropolitan Magistrate, Dhaka stating, inter alia, that the respondent No. 1 Abdus Salam took loan of Tk. 1 lac from the appellant for three months but he did not refund the money on time ..Category: Criminal Law | Date: | Hits: 42
MD, Foundation Engineer Shatu Ltd. Vs. Civil Engineer (RHD) Sarak Bahban, 2001, 30 CLC (AD)
.... Miscellaneous Appeal No. 35 of 1996) Judgment Mohammad Gholam Rabbani J.- Appellant Managing Director, foundation Engineer Shatu Ltd. obtained a work order from Roads & Highways Department, Development Division, Naogaon, for the construction of a bridge over the river Atrai on a...... those dated 3.7.1995 passed by the First Court of Subordinate Judge, Dhaka, in Miscellaneous Case no. 16of 1995 are restored. Ed. This Case is also Reported in: II ADC (2005) 782. ...... those dated 3.7.1995 passed by the First Court of Subordinate Judge, Dhaka, in Miscellaneous Case no. 16of 1995 are restored. Ed. This Case is also Reported in: II ADC (2005) 782. ..Category: Civil Law | Date: | Hits: 98
Bangladesh Biman Corporation and others Vs. Md. Jusimuddin, 2001, 30 CLC (AD)
..... 2. Short facts are that respondent joined in the service of Bangladesh Biman, herein after in brief the Biman, on 21st January, 1990 as Junior Traffic Assistant in the Customers Service Department and was confirmed in the said post by the Memo dated 3rd October, 1990 in the Pay Group 3(......from the employees, the Competent Authority may accept or reject the resignation or, accept it with immediate effect or from any date after or prior to the expiry of the notice period with payment of the salary for the unexpired portion of the notice period: Provided that the...... the High court Division. In view of the discussion made herein above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 732. ..Category: Employment/Service Law | Date: | Hits: 95
Comm. of Customs & ors Vs. N. Rahmania Banaspati & Vegetable Ghee Products Ltd., 2008, 37 CLC (AD)
.... 2000 metric tons of crude palm Olien falling under H.S. Code 11511.10 at the rate of $354 per Metric Ton C & F value. On arrival of the said goods on 9.3.1993 Bills Entries were submitted and part of the goods was released on payment of customs duty on the basis of C & F value/Tariff va......lien falling under H.S. Code 11511.10 at the rate of $354 per Metric Ton C & F value. On arrival of the said goods on 9.3.1993 Bills Entries were submitted and part of the goods was released on payment of customs duty on the basis of C & F value/Tariff value. Thereafter, the writ petition......ct decision. We therefore find no reason to interfere with the same. All the petitions are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 412. ..Category: Fiscal/Taxation Law | Date: | Hits: 66
Aminul Islam @ Saheb Mia and others Vs. State, 2008, 37 CLC (AD)
....here is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 448. ......here is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 448. ......here is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 448. ..Category: Criminal Law | Date: | Hits: 97
Md. Mirzajul Sheikh Vs. State, 2009, 38 CLC (AD)
....the appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the Jail petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 442. ......e deceased Shefali Begum, daughter of P.W.2 Nasim Sheikh was married to condemned-petitioner Mirajul Sheikh before 21 days of the date of occurrence and accordingly Kabinama was registered on payment of Tk. 20,000/- in cash as dowry along with other gold ornaments. But such amount of dowry ......the appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the Jail petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 442. ..Category: Criminal Law | Date: | Hits: 86
Samarendra Nath Das (Nalu) and others Vs. Md. Atique and others, 2007, 36 CLC (AD)
....ent within a specified time, moreso, the petitioners did not refuse to pay the money in favour of complainant which the complainant has invested the amount by some installments as a financial partner for business purpose and the petitioners have paid TK.90,000.00 in cash and TK.80,000.00 th......ubmitted that the High Court Division erred in law in failing to consider that there is nothing to show from the petition of complaint that the accuseds made any specific promise of making any payment within a specified time, moreso, the petitioners did not refuse to pay the money in favour......of the above, we find no reason to differ with the High Court Division. Accordingly, the petition is dismissed without costs. Ed. This Case is also Reported in: VI ADC (2009) 436. ..Category: Criminal Law | Date: | Hits: 41
Zahid Vs. Tanzir Hossain Mallick and another, 2007, 36 CLC (AD)
.... point out any infirmity of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 434. ......noured, that the complainant again presented the cheque on August 5, 2002 and August 11, 2002 and on those days cheque was also not honoured since no arrangement was made by the account holder for payment of the amount mentioned in the cheque, that the complainant lastly presented the cheque on ...... point out any infirmity of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 434. ..Category: Criminal Law | Date: | Hits: 56
Jamil Ahmed Khan Vs. Md. Delwar Hossain and another, 2009, 38 CLC (AD)
....opolitan Magistrate, Dhaka to the satisfaction of the Chief Metropolitan Magistrate, Dhaka till disposal of the appeal. Ed. This Case is also Reported in: VI ADC (2009) 429. ......was heard. In the meantime the petitioner was sent to jail on 27.12.2008 and the only son died in car accident on 16th March, 2009. 6. When Mr. Rafique-ul Huq came to know about the alleged payment, he requested his junior Zafarullah Chowdhury, who is Legal Advisor of Dhaka Stock Exchange......opolitan Magistrate, Dhaka to the satisfaction of the Chief Metropolitan Magistrate, Dhaka till disposal of the appeal. Ed. This Case is also Reported in: VI ADC (2009) 429. ..Category: Criminal Law | Date: | Hits: 50
Jamira Khatun and others Vs. Md. Fazlul Karim and others, 2008, 37 CLC (AD)
....ul Monaf with a rent of TK.16.00 per year and thereafter by taking possession of the suit land has been enjoying and possessing the same by using it as his family graveyard, as well as in some part of the suit land he has been growing bamboos and trees; that his son, one daughter and one nep......ind no substance in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 419. ......ind no substance in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 419. ..Category: Property Law | Date: | Hits: 31
Banka Bihar Mondal Vs. Md. Tufazzel Sardar & others, 2008, 37 CLC (AD)
....rrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 416. ......83 and got their names recorded in the relevant S.A. Khatian. The plaintiffs have been possessing the suit land consciously for well over 12 years adversely to the interest of all concerned on payment of rent to the Government and enjoying the usufructs and have thereby acquired a bette......rrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 416. ..Category: Property Law | Date: | Hits: 23
Capt. Mohammad Lutfar Rahman Vs. Government of Bangladesh, 2008, 37 CLC (AD)
....come as expeditiously as possible and in the case of Sarwarjan Bhuiyan and others vs. Government of Bangladesh and others, 44 DLR (HCD)447, the High Court Division, while considering laches on part of the writ petitioner, observed that extraordinary remedy provided in writ jurisdiction is fo......is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 406. ......is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 406. ..Category: Property Law | Date: | Hits: 50
Dhaka Bank Limited Vs. Monir Hossain and others, 2008, 37 CLC (AD)
....3 upon payment of money, the legal title to the buses shall remain with the appellant, and since there is no claim against the appellant, its property cannot be attached on the application of a third party." 5. Dr. M. Zahir, learned Counsel, appearing for the impugned judgment and order dated......2.12.2000 passed by the High Court Division in Civil Revision No.3067 of 2000 disposing of the Rule giving direction upon the appellant to take immediate steps to release two double Decker buses on payment of all duties and taxes and to sell and to keep out of the sale proceeds of TK.43, 00,000.00......stered in the name of Bangladesh Paribahan (Pvt) Ltd. and allowed them to carry on the business; that the said Surajit Barua and Asraf Hossain Minar in collusion with each others and a banker created loan against two other buses to be imported by the respondent Nos.2 and 3. However, Respondent No.2 ..Category: Business or Commercial Law | Date: | Hits: 142
Md. Kamal Uddin Akand Vs. Artha Rin Adalat and others, 2008, 37 CLC (AD)
....there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 383. ......there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 383. ......espondent No. 2, as plaintiff, instituted the above case for realization of Tk.32,12,050/- on the averments the defendant, who is the proprietor of M/S Akand Poultry Complex, on 20.8.1995 took loan of Tk.13,90,000/- for making development of the said poultry complex and as per terms and con..Category: Civil Law | Date: | Hits: 95
Md. Golam Wahed Mandal and others Vs. Abu Bakkar Mia and others, 2008, 37 CLC (AD)
....ted 05.03.2006 passed by the High Court Division in Civil Revision No.344 of 1995 making the Rule absolute. 2. The facts, in short, are that the predecessor-in-interest of the opposite party No.1(a) Gulam Wahed Mondal and the Opposite Party Nos. 2-3 instituted the Other Suit N......bbani which land he later on transferred to Aziz who again transferred same land to Golam Rabbani who in his turn transferred the land to defendant Nos.5-6 and they have been possessing the land on payment of taxes in their name. Ashan sold the land measuring 29 decimals to Kader, Golam Rabbani ......e are not inclined to interfere with such finding of fact. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 377. ..Category: Property Law | Date: | Hits: 23
Nur Islam Sharif alias Eslam Ali Vs. Amjed Ali Molla and others, 2008, 37 CLC (AD)
....eration and on the basis of the same filed an application before the Revenue Court, Bhandaria purportedly under section 95 of the State Acquisition and Tenancy Act and got an ex parte order of redemption dated 9.10.1991 and then having come to know about the above ex par......there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 373. ......there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 373. ..Category: Property Law | Date: | Hits: 26
Kazi Abdul Hoque Vs. Md. Baharuddin and others, 2008, 37 CLC (AD)
....5-2006 passed by a Division Bench of the High Court Division in Writ Petition No.3129 of 2004 making the Rule absolute. 2. The petitioner's case, in brief, is that the petitioner took active part in the liberation war in 1971 and Mr. M.A.G. Osmani, Commander-in-Chief, presented a certifi&sh......ssions of the learned Advocate for the petitioner have got no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 370. ......ssions of the learned Advocate for the petitioner have got no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 370. ..Category: Property Law | Date: | Hits: 28
City Bank Limited Vs. M/s. Oscar Fashionwear Ltd. and others, 2008, 37 CLC (AD)
....untries within time and the P.W. 1, in his deposition, admitted that the plaintiff Bank received US$ 10,36,612.17 from 21 export L/Cs. and thus admittedly there was no latches or lacuna on the part of the defendant No.1 in accomplishing its export performance and further the value of 48 impo......; in order to avail the import L/C facilities the defendant No.1 provided defendant securities and the defendant Nos. 2 and 3, on 24.1.1984 also executed letters of continuing guarantee for repayment of any outstanding that may be found due; meanwhile in terms of the request of the defenda...... found due; meanwhile in terms of the request of the defendant No. 1 the plaintiff, on 24.7.1985, issued a no objection certificate in favour of the defendant No.1 in order to enable them to avail loan facilities from American Express Bank Chittagong; the defendant No. 1 simultaneously contin&sh..Category: Civil Law | Date: | Hits: 106
Md. Nurul Islam Sarker Vs. Deputy Commissioner, Gazipur and others, 2002, 31 CLC (AD)
....e Cinematograph Rules we are of the view that the impugned order restricting the petitioner right to have a licence in his own name considering the existence of disputed question of title between the parties and as such the licensing authority may exercise its discretionary power judiciously and not......nema Hall was put to auction in certificate case No. 3-B.SB/1987. The certificate proceeding was initiated at the instance of Bangladesh Shipla Bank since respondent No.2 and his father defaulted the payment of the loan. Ultimately the Cinema hall with the land buildings and machinery were sold in a......ibit motion picture film in the said Cinema Hall. 2. The facts, in short, are that Capri, Cinema Hall was established in Tongi Industrial Area by the respondent No.2 and his late father on taking loan From Bangladesh Shilpa Bank (BSB) in the name of the M/S Capri Cinema Hall (Pvt.) Ltd. They bei..Category: Civil Law | Date: | Hits: 128
Mozharul Islam Chowdhury, Advocate Vs. Dilip Kumar Roy and others, 2005, 34 CLC (AD)
....ent) dated 07-10-1983 in favour of the appellant. That the learned trial Court after due service of summons upon the defendant-respondents and exhausting all the process of law decreed the suit ex-parte on 29-06-1986 but due to failure on the part of respondent No.3 to execute and register the k......pugned judgment of the High Court Division are set aside. In the result, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 150. ......pugned judgment of the High Court Division are set aside. In the result, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 150. ..Category: Property Law | Date: | Hits: 31
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