Search Options

Judgment Advanced Search

Displaying 21-40 of 4879 results.

Abdul Monayem Lili Vs. Judge, Artha Rin Adalat & others, 2015, 44 CLC (HCD)

....same. The respondent No. 2 then filed Artha Rin Suit No. 87 of 2011 against the petitioner for recovery of outstanding dues which stood at Taka 4, 60,03,651.38 upto 29-2-2011. The suit was decreed ex-parte on 31-1-2012 engendering execution case No. 36 of 2012 in which pursuant to auction sale of th......rder of stay granted earlier by this Court is hereby recalled and vacat­ed. Communicate this order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 358   ......he petitioner and four others created a limited company for exporting and importing their readymade garments namely Finix Sweater and started their business, thereafter, to run the business they took loan and opened back to back L/C with respondent No.2, the Social Islami Bank Ltd., Principal Branch..

Category: Banking Law | Date: 25 May, 2015 | Hits: 0

Mahmudul Islam Vs. Anti-Corruption Commi¬ssion and others, 2015, 44 CLC (HCD)

....hallenging the vires of law. 12. It is submitted that the demand by the Durnity Daman Commission on the basis of Audit Report made by the Audit Directorate. The writ petition is hit by defect of parties. Because the petitioner without impleading the National of Board of Revenue/Auditor General,......g to the Rule is that the ACC engaged the petitioner to conduct a number of cases in the Supreme Court and also obtained from him some legal opinion for which the petitioner submitted bills. ACC made payment in two installments after deducting certain amounts. Some of the deductions were legal and s...... copy of this judgment be forwarded to the Chairman, Anti-Corruption Commission forthwith. Communicate at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 361   ..

Category: Anti-Corruption Laws, Fiscal/Taxation Law | Date: 18 May, 2015 | Hits: 2

Government of Bangladesh and oth¬ers Vs. Ashraf Ali, 2015, 44 CLC (AD)

....t Syed Mahmud Hossain J. — This appeal by leave is directed against the order dated 20-7-1999 passed by the High Court Division in Writ Petition No.1774 of 1995 making the Rule absolute in part and directing the appellant to take steps for final assessment of compensation in accordance wi...... acquisition under section 93A of the said Act. Admittedly, the respondent (writ-petitioner) or his predecessors were paid compen­sation. There was no dispute that after such requi­sition and payment of compensation, possession of the land was taken over and subsequently, the said land was a......osed of. Accordingly, the appeal is disposed of with the observations and direction made in the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 263   ..

Category: Administrative Law | Date: 12 May, 2015 | Hits: 6

Sanjay Kumar Biswas Vs. State, 2015, 44 CLC (HCD)

....id­ed that by the time premarital pregnancy of Malatt Rani is terminated. Thus, on good faith Malati Rani's premarital pregnancy was aborted by administering certain medicine. But the accused party did not keep promise nor did Sanjay marry Malati Rani. Next Malati Rani raised the matter with......d the appellant stands accordingly acquitted. Communicate the order at once and send b the Lower Court Record. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 185.   ......d the appellant stands accordingly acquitted. Communicate the order at once and send b the Lower Court Record. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 185.   ..

Category: Women and Children | Date: 5 May, 2015 | Hits: 3

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Dhaka and others, 2015, 44 CLC (AD)

....tate …………………………...... Respondent (In all the petitions) Judgment May 5, 2015 Result: The appeal is allowed in part. Cases Referred To- Judicial Committee of the Privy Council in Patrick Reyes Vs.The Q...... There shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment. Ed. This Case is also Reported in: ...... There shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment. Ed. This Case is also Reported in: ..

Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Shafiqul Islam & Others, 2015, 44 CLC (AD)

....;……………………………..Respondents (In all the petitions) Judgment May 5, 2015 Result: The appeal is allowed in part. Nari-O-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995, (Ain XVIII of 1995); Section 6(2) Nari......ere shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment. Ed. This Case is also Reported in: ......ere shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment. Ed. This Case is also Reported in: ..

Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86

Hossain Ali and Others Vs. Government of Bangladesh and Others, 2015, 44 CLC (HCD)

....the name of the petitioners as appeared against the respective possession in their respective case lands in the draft record-of-rights challenging their tenancy; the Revenue Officer after hearing the parties rejected the objection cases of the respondent No. 5, vide order dated 17-1-2002 Annexure-G.......defendant of the suit as appellant preferred First Appeal before this Court which is now pending for disposal. The petitioners have been owning and possessing their respective case land as tenants on payment of rates and rent initially to the Bhawal Raj Court of Wards Estate and subsequently to the ......est possible amount of time preferably within 3(three) months from the date of receipt of the judgment of this court. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 37   ..

Category: Property Law, Tenancy Law | Date: 30 Apr, 2015 | Hits: 4

State Vs. Abdus Salam and others, 2015, 44 CLC (AD)

...........................Appellant Vs. Abdus Salam and others……………Respondents Judgment April 29, 2015. Result: The appeal is allowed in part. Jurisdiction of this Court in dealing with an appeal against an order of acquittal is cir......urrender before the concerned Court, the Chief Judicial Magistrate of Sylhet shall take step to take them in custody. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 376   ......urrender before the concerned Court, the Chief Judicial Magistrate of Sylhet shall take step to take them in custody. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 376   ..

Category: Criminal Law, Procedural Law | Date: 29 Apr, 2015 | Hits: 10

Rukunuddin Mollah (Md.) and others Vs. Artha Rin Adalat 2nd Court and others, 2015, 44 CLC (HCD)

....ent-Bank filed Artha Jari Case No. 69 of 2012. The mortgaged property was placed on auc­tion under section 33(1) of the Artha Rin Adalat Ain, 2003 ("Ain") fixing 8-1-2013. Three bidders participated in the auction, but the did was not accepted by the Adalat being found the price low. ......e Rule is hereby recalled and stand vacated. Communicate a copy of this Judgment and Order to the Court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 287. ......s to this Court may seem fit and proper. 2. Facts relevant for disposal of this Rule, in brief, are that the Respondent No.2 as plaintiff instituted Artha Rin Suit No.188 of 2011 for recovery of loan amounting to Taka 26, 58, 57,855.48 in the Artha Rin Adalat, 2nd Court, Dhaka against the Petit..

Category: Banking Law, Others | Date: 27 Apr, 2015 | Hits: 10

Hasina Ahmed Vs. State, 2015, 44 CLC (HCD)

....l Miscellaneous Case No. 9932 of 2015. Judgment           Quamrul Islam Siddique J. — This Rule was issued calling upon the opposite parties to show  cause as to why they should not be directed to find out and bring up Salauddin......ry of Salauddin Ahmed whichever is earlier. In the light of the discussions made hereinbe­fore, the Rule is discharged. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 343 ......ry of Salauddin Ahmed whichever is earlier. In the light of the discussions made hereinbe­fore, the Rule is discharged. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 343 ..

Category: Criminal Law, Procedural Law | Date: 20 Apr, 2015 | Hits: 2

Moinuddin Hasan Rashid Vs. Registrar, Joint Stock Com¬panies and Firms and another, 2015, 44 CLC (HCD)

....ed from the date of the 6th AGM. However, citing inadvertence in so duly holding the 7th AGM and attributing the delay to circumstances not amounting to laches or negli­gence on the Company's part, the Petitioner justi­fies the filing of this Application by drawing this Court's atten......upon the hold­ing of such AGM. The cost of this Application shall be borne out of the funds of the Company. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 326   ......upon the hold­ing of such AGM. The cost of this Application shall be borne out of the funds of the Company. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 326   ..

Category: Company Law | Date: 15 Apr, 2015 | Hits: 7

Lutfor Rahman Mollah (Md.) and another Vs. M Safiul-Alam, 2015, 44 CLC (HCD)

....t although if any certain fact is brought to the notice of the Court, though not specifically mentioned in the plaint or crops up subsequent to the filing of the suit and accepted as true by both the parties, such a fact, though not referred to in the plaint, can be taken into con­sideration for......1st agreement, the 2  agree­ment executed for a period of 3 (three) years, that is, up to 31 July, 2010. The plaintiffs used to run Thai Chinese Restaurant business in the rented premises on payment of bills and taxes to the Government. The defendant opposite party having entered into the s......ourt stands vacated. Let a copy of this judgment be communicated to the Courts concerned at once. Ed.      This Case is also Reported in: 67 DLR (HCD) (2015) 317. ..

Category: Civil Law, Procedural Law | Date: 13 Apr, 2015 | Hits: 10

Anti-Corruption Commission Vs. A.A.M Habibur Rah¬man and anothers, 2015, 44 CLC (AD)

....ce Station against the respondent No.l and others under the aforesaid provisions of law on the allegations that, without completing the work "in connection with the work of lots No.31, 32 and 2 (part) of Kalurghat road development and exten­sion project from FIDC to Khalurghat Bridge, the r......r completion of entire work of the project when the final bill would be submitted, the authority (1PSA) would be at liberty to adjust deduct any excess amount if paid to the respon­dent in making payment against running bills. Facts and circumstances of the cited case and these cases are disting......ed to proceed with the cases in accordance with law. Accordingly, all the petitions are disposed of. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 278     ..

Category: Anti-Corruption Laws, Criminal Law | Date: 12 Apr, 2015 | Hits: 8

Mafruza Sultana Vs. State and another, 2015, 44 CLC (AD)

....e No. 138 of 2012. On 4-9-2012, the accused-petitioner filed an application for not tak­ing cognizance against her. The learned Metropo­litan Special Judge, Dhaka after hearing the respective parties by the order dated 4-9-2012 rejected the said application and had taken cog­nizance agai......efore, this criminal petition for leave to appeal is disposed of with the direction made in the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 227   ......efore, this criminal petition for leave to appeal is disposed of with the direction made in the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 227   ..

Category: Criminal Law | Date: 12 Apr, 2015 | Hits: 19

Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)

....ammad Kamaruzzaman preferred an appeal before this Division, and a four member Bench of this Division, after exhaustive and comprehensive hearing, spreading over 17 working days, allowed theappeal in part, unanimously affirmed the guilty finding arrived at on charge No.3 by the Tribunal below, unani......, quite candidly submitted that he is aware of the limitations that a review petition faces. Resultantly, the instant review petition is dismissed. Ed. This Case is also Reported in: ......, quite candidly submitted that he is aware of the limitations that a review petition faces. Resultantly, the instant review petition is dismissed. Ed. This Case is also Reported in: ..

Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60

Ananda Shipyard & Slipways Limited Vs. Commissioner Customs Bond Commissionerate, Dhaka, 2015, 44 CLC (HCD)

.... No.1. Writ Petition Nos. 9714 and 10088 of 2014. Judgment Zinat Ara J.— Similar facts and identical issues are involved in writ petitions No. 9714 of 2014 and 10088 of 2014. The parties to the writ petitions are same and therefore, these writ peti­tions have been heard toge......piry of the bond periods of the raw materials. The petitioner had built two sea going vessels by the imported raw materi­als but the buyer cancelled the said orders due to their inability to make payment of the rest 50% of the value of the vessels. So, the peti­tioner was unable to export th......shy;cate the matters in accordance with law. No cost. Communicate the judgment to respondent No. 1 at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 98   ..

Category: Fiscal/Taxation Law | Date: 2 Apr, 2015 | Hits: 0

Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)

....on on the demand of the vendors on repayment of principal amount in due time, they would be entitled to redeem the land through the process of the Court after the expiry of the period of 5 years. The parties intended to execute the deed for a limited period of 5 years in respect of the land which co...... protection of poor tenants, maliks or raiyats from the clutches of the moneyed men or ex-landlords for restoration of mortgaged property in a summary manner without the intervention of the Court and payment of Court fees. But these provisions, however, do not take away right of redemption of mortga......e Transfer of the Property Act which means: "The transfer of an interest in specific immovable property for the purpose of securing the payment of money advanced or to be advanced by way of loan, an existing or future debt, or the performance of an engagement which may give rise to a pecun..

Category: Property Law | Date: 14 Mar, 2015 | Hits: 45

Aminul Karim (Md.) Vs. Government of Bangladesh and others, 2015, 44 CLC (HCD)

....rs—For the Petitioner.  SM Kafil Uddin, Advocate—For the Respondent No. 3-Bank. When Writ petition heard on merit without hearing the peti­tioner— If in any particular case the ratio decidendl of Appellate Division applies directly or where the case in hand......mount. The whole scheme of the law is to haul up the drawer of the unpaid/dishonoured cheque(s) for not arranging the funds against the issuance of such cheque(s) and then its/his failure to make the payment of the amount of the money of the unpaid/dishonoured cheque(s) on demand by the payee or, as......n of money. Both can stand together.......(12) Recovery of Loan Amount— A close reading of sub-section 1 of section 138 of the Act, shows that it has noting to do with the recovery of loan amount. The whole scheme of the law is to haul up the drawer of the unpaid/dishonoured cheque(s..

Category: Banking Law, Procedural Law | Date: 9 Mar, 2015 | Hits: 0

Nurul Huda (Md.) Vs. State, represented by the DC, Lalmonirhat, 2015, 44 CLC (AD)

.... Nurul Huda (Md.).................Appellant Vs. State, represented by the DC, Lalmonirhat ..........Respondent Judgment March 8, 2015. Result: The appeal is allowed in part. Clause (ka) of section 11 does not speak of any hurt grievous or simple, it has prescribe......e in nature" and hence the order of convic­tion and sentence to suffer rigorous (sic) impris­onment for life along with a fine of Taka 50,000 (Taka fifty thousand) only and in default of payment of fine to suffer rigorous imprisonment for 5(five) years more passed by the learned Judge, ......from the date of his conviction; so, let the accused be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 231. ..

Category: Criminal Law, Women and Children | Date: 8 Mar, 2015 | Hits: 18

Hafizur Rahman Nafor Vs. Secretary, Ministry of Home Affairs and others, Secretary, Ministry of Home Affairs and others, 2015, 44 CLC (HCD)

....nctionary, the rules under which he has to act and the subject-mat­ter he has to deal with. These principles are classified into two categories-(i) a man cannot be condemned unheard (audi alteram partem) and (ii) a man cannot be the judge in his own cause (nemo debel essejudex in propria causa).......o. 8 cancelling the gun licence of the petitioner is declared to be without lawful authority and of no legal effect. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 279   ......o. 8 cancelling the gun licence of the petitioner is declared to be without lawful authority and of no legal effect. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 279   ..

Category: Constitutional Law | Date: 2 Mar, 2015 | Hits: 23