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State Vs. Rustom & 2 others, 2011, 40 CLC (HCD)
.... of such witnesses could be relied on if the same would have been found free from doubt and subsequent embellishment........ (47) Corroboration by independent and disinterested witness In a particular case all the eye witnesses may appear to be interested witnesses and bitter enmity betwee......d against absconding convict Enamul. Let a copy of this judgment and order be communicated to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 429. ......d against absconding convict Enamul. Let a copy of this judgment and order be communicated to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 429. ..Category: Evidence Law | Date: 17 Nov, 2011 | Hits: 8
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
....other....................Appellant Vs. Government of Bangladesh & others.....................Respondents Judgment November 16, 2011. Result: The appeal is allowed-in-part. Words and phrases Complete justice The term "complete justice" cannot b......location of frequency. The BTRC thereafter vide memo dated 18-12-2008 (Annexure-H1)-accorded its NOC for import of DSNG Machineries. The appellants imported all machineries and other equipments on payment of duties and taxes as assessed and installed the same in the TV station. 7. The appel......ion without having obtained requisite licences and NOC in accordance with law from the concerned Ministries and authorities. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 253. ..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
Human Rights and Peace for Bangladesh Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....taken by the Police Station, although it is certainly the duty of the local police to stop any illegal construction within their jurisdiction. 8. Director General of Bangladesh Archeological Department has submitted an application to the Chairman of Rajdhani Unnoyon Kortipokho (RAJUK) infor......tion notwithstanding non-filing of affidavit by reason of the fact that the petitioner NGO depends on fund donated by its members alone as claimed. Ed. This Case is also Reported in: ......tion notwithstanding non-filing of affidavit by reason of the fact that the petitioner NGO depends on fund donated by its members alone as claimed. Ed. This Case is also Reported in: ..Category: Property Law | Date: 26 Oct, 2011 | Hits: 23
State Vs. Matiur Rahman @ Mati, 2011, 40 CLC (HCD)
....ess of this case as he was living beside of the house of accused Matiur Rahman @ Mati. He next submits that the prosecution also examined some local witnesses who are not connected with the informant party in any way has supported the prosecution case as well as the evidence of P.W.1. There is nothi......t and order under this reference. Let a copy of the judgment and order be sent down to the Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 89. ......t and order under this reference. Let a copy of the judgment and order be sent down to the Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 89. ..Category: Evidence Law | Date: 25 Oct, 2011 | Hits: 9
Hafizul Islam Chowdhury (Md.) Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ip;…………..Opposite Parties Judgment October 19, 2011. Result: The Rule is made absolute. The land in question is not a khas land and the revenue department does not have any interest. The claim of the government has become functus officio. The gov......; Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 470. ......quently purchased same land, thereafter, Md. Hafizul Islam Chowdhury has become the owner and possessor over the suit land. Accordingly, he has dug 4(four) ponds, established an Agro-Farm and he took loan from the Krishi Bank as well as Islami Bank Bangladesh Ltd. It is further stated that all of th..Category: Property Law | Date: 19 Oct, 2011 | Hits: 4
Elite Lamps Ltd. Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....nt of approval of the Ministry of Finance. Secondly, Bangladesh Bank did not give its clearance in respect of write off of the entire loan specially the capital amount. Thirdly, the move on the part of the Bank was tainted with external pressure. Fourthly, it is against public policy in as mu...... Minister of Finance and exerted heavy pressure on the Board of Directors of the Bank. This writ petition is plain and simple a part of the long chain of frivolous litigations intended to avoid repayment of huge amount of money. The primary rational of such fight is all the more interesting i.e......spondents Judgment October 16, 2011. Result: The Rule is discharged. Whether the resolution taken by the Board of Directors of any Bank relating to total write off of loan has the binding force of law and enforceable by the High Court Division? The resolution t..Category: Civil Law | Date: 16 Oct, 2011 | Hits: 7
Renuza Begum and others Vs. Md. Waziullah Mia and others, 2011, 40 CLC (AD)
....no subsisting interest in the suit property, the suit for specific performance is not maintainable against them. 3. The trial court decreed the suit against the contesting defendants and ex-parte against the defendant Paresh directing them to execute and register a sale deed. On appeal by......m for specific performance of the subsequent contract holding that the trial court on a proper appreciation of the materials on record rightly believed that there was novation of the contract and payment of balance consideration money and that there was no cogent ground to interfere with the s......tract. There is no merit in these appeals. The appeals are, therefore, dismissed without, however, no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 201. ..Category: Contract Law | Date: 11 Oct, 2011 | Hits: 11
Raj Kumar Khetan Vs. Mercantile Bank Ltd. and another, 2011, 40 CLC (HCD)
....iminal Miscellaneous Case No.28908 of 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 ca......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 voluntarily surrendere......gaon Branch, Naogaon filed CR Case No.406/8 before the Chief Judicial Magistrate, Naogaon against the petitioner under section 138 of the Negotiable Instruments Act stating that the petitioner took loan in several occasions from the said bank but failed to repay the same that on the pressure of ba..Category: Banking Law | Date: 24 Aug, 2011 | Hits: 237
Victor Simon Paat and other Vs. M.V. Accord and others, 2011, 40 CLC (HCD)
....r, Chittagong Port Authority, Bandar Bhaban, Police Station-Bandar, District-Chittagong. 8. The Commissioner of Customs, Customs house, Chittagong. 9. The Principal officer, Marine Mercantile Department, C.G.O Building, Agrabad, Chittagong. With Leonard Purba Second Engineer of the Vess......rving being out of water and food. The master of the vessel sent several telex to the owner of the vessel, a copy of which has been marked as Exhibit-4 expressing their difficulties and requested for payment of salary. The P.W.1 further exhibited a document which reveals that the master of the vesse......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: ..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)
....aid appeal. BTRC, however, continued with the said process and on 26-4-2011 executed another formal agreement with respondent No.11 (in place of respondent No.10). The Review Panel, after hearing the parties including the BTRC, by its decision dated 8-5-2011 (Annexure-I) 'cancelled' the revi......sons for holding the petitioner-firm non-respective was that it sought 20% advance payment, the same consideration .was not applied in respect of respondent No.12, although it sought 75% advance payment. Further, when existence of ex-employee of Grameen Phone in petitioner-firm made it less qua......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. ..Category: Civil Law, Constitutional Law | Date: 17 Aug, 2011 | Hits: 20
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....have challenged the proceedings in criminal cases in the nature of writ of certiorari. More so, one of the appellants being a citizen of Korea, he is not entitled to all the rights guaranteed in part III of the Constitution which are available to the citizens of Bangladesh. Only rights guarant......at case a complaint was made on the allegation that the accused borrowed from time to time from the complainant some money for the purpose of their business. One accused issued two cheques for repayment which were dishonoured. The complainant admitted that the accused agreed to work as partn......case of state of West Bengal Vs. Swapan Kumar Guha, AIR 1982 SC 949, the facts are that a partnership firm carried on the business of financiers and investors and in the business the firm accepted loans or deposits from the general public. Under the terms and conditions of deposits, the firm has..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)
....না মূলক আয়াতগুলো পড়ে। তবে তা বাংলায়।” 39. In cross-examination he stated that the arrestees did not disclose about any political party or JMB. He denied the suggestion that the arrestees told nothing to him. 40. P.W.30 Hafez......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. ......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
Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)
....No.836 of 1991, dismissing the appeal, affirming the judgment and decree dated 28.01.1991 of the Subordinate Judge and Artha Rin Adalat, Comilla in Artha Rin Case No.123 of 1990 decreeing the case in part granting simple interest at the rate of 6% per anum from the date of filing till the date of ......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. ...... anum from the date of filing till the date of the decree. 2. The facts relevant for disposal of this petition, in brief, are that the respondent No.1 (defendant No.1 in the Artha Rin Case) took loan of Tk.3,94,000/- under the "Power of Driving Vehicle Scheme, 1987" from the Sonali Bank Limited..Category: Banking Law | Date: 22 Jun, 2011 | Hits: 162
Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)
....No.836 of 1991, dismissing the appeal, affirming the judgment and decree dated 28.01.1991 of the Subordinate Judge and Artha Rin Adalat, Comilla in Artha Rin Case No.123 of 1990 decreeing the case in part granting simple interest at the rate of 6% per anum from the date of filing till the date of ......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. ...... anum from the date of filing till the date of the decree. 2. The facts relevant for disposal of this petition, in brief, are that the respondent No.1 (defendant No.1 in the Artha Rin Case) took loan of Tk.3,94,000/- under the "Power of Driving Vehicle Scheme, 1987" from the Sonali Bank Limited..Category: Banking Law | Date: 22 Jun, 2011 | Hits: 7
Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)
.... 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 19-9-1991 (decree signed on 29-9-1991). The Judgment-debtors ha......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. ......ommerce 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..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)
....ate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For the Appellants. Kamal-ul-Alam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For Respondent No.1. Ex-parte- For Respondent Nos. 2(a)-3. Civil Appeal No.191 of 2005 (From the judgment and order d......1 lakh for erecting the rooms. In cross-examination, he stated that presently he works at the colour shop of his maternal uncle. He had no written tenancy agreement with O.P.W.3 and no receipt of the payment of rent as well. There was no agreement to show that Azad Khandaker used to do business wi......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)
....the requirements as required by sections 138 and 141 of the Act, 1881, so in view of the findings given by the High Court Division and the submissions made by the learned Advocates for the respective parties, the questions to be decided in the petition for leave to appeal are (i) whether the dishono...... 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 of any amount of money to another person from out of that account. Legislature very well kne......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. ..Category: Banking Law | Date: 9 Jun, 2011 | Hits: 196
Nazir Vs. State, 2011, 40 CLC (HCD)
....al evidence within the meaning of section 3 of the Evidence Act........ (18) Conviction can be awarded on the evidence of a solitary witness Section 134 of Evidence Act contemplates that no particular number of witnesses shall, in any case, be required for the proof of any fact and, as suc...... this Rule. 30. Accordingly, the Rule is discharged. Communicate this judgment to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 317. ...... this Rule. 30. Accordingly, the Rule is discharged. Communicate this judgment to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 317. ..Category: Criminal Law | Date: 7 Jun, 2011 | Hits: 2
Md. Majedur Rahman Vs. State and another, 2011, 40 CLC (HCD)
.... of the informant. He further submitted that, admittedly a case was filed by the accused appellant against the informant, P.W.2, P.W.3, P.W.11 and others under section 143/447/342/323/307/385/386/506 part-I of the Penal Code prior to the filing of the instant case and as such their evidence are not ......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: ......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)
....ident Order stand a bar for instituting any legal proceeding against property vested in the Government as per President Order No.16 of 1972 and so far said vesting has not been challenged by any parties, purchase of respondent Nos.11-14 from plaintiff appellant shall stand acquiring good t...... 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. ...... 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
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