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Akhteruzzaman Chowdhury Vs. Hamidul Huq, MD, UCBL and another, 2003, 32 CLC (HCD)
....ne amounting to Taka 2000 to be paid within one month from date, in default, each of them to suffer simple imprisonment for 15 (fifteen) days. Ed. This Case is also Reported in: 56 DLR (2004) 73.......ed any contempt of this Court by disregarding or violating any order of this court. 5. Mr. Rafique‑ul‑Huq, the learned Advocate appearing for the petitioner, submits that from the materials on record as evidenced by annexures and the conduct of the contemner‑opposite parties it is crystal c......ne amounting to Taka 2000 to be paid within one month from date, in default, each of them to suffer simple imprisonment for 15 (fifteen) days. Ed. This Case is also Reported in: 56 DLR (2004) 73...Category: Banking Law | Date: | Hits: 158
Jalal Uddin and others Vs. State, 2003, 32 CLC (HCD)
....imed that on the date and time of occurrence the accused-appellants went to hijack his step‑sister Solema and having failed to get her presence caught hold of the victim Kader (PW 3) and gave him a good beating while his (deponent) son Babul reached there on hearing alarm raised by Kader. This PW ......al College Hospital Authority after the death of the deceased), visited the place of occurrence, prepared sketch map of the place of occurrence with separate index thereof, examined the witnesses and recorded their statements under section 161 of the Code of Criminal Procedure and finally, submitted...... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 69...Category: Criminal Law | Date: | Hits: 28
Dulal Mia (Md) Vs. State, 2003, 32 CLC (HCD)
.... seen the deceased go to the pond. He also said about demand of dowry by the accused-appellant. He denied the defence suggestion that the conjugal life of the accused-appellant and the deceased was good, but a false case has been started in spite of the fact that the deceased met with death when s......as started. 3. Police took up investigation, visited the place of occurrence, prepared sketch-map with separate index thereof, seized alamats by preparing seizure lists, examined the witnesses and recorded their statements under section 161 of the Code of Criminal Procedure, and finally, submitte...... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 65...Category: Criminal Law | Date: | Hits: 88
Sirajul Islam @ Siraj and another Vs. State, 2003, 32 CLC (HCD)
.... find from the certified copy of order sheet submitted by the petitioners that though the offence is triable by a Special Magistrate, the case is pending in the Paribesh Adalat. But this issue is not good enough for entertaining the application for quashment. Because it may be raised before the Pari...... entertain this application under section of 561A of the Code of Criminal Procedure and, as a result, the application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 62. ...... entertain this application under section of 561A of the Code of Criminal Procedure and, as a result, the application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 62. ..Category: Environmental Law | Date: | Hits: 414
Standard Bank Ltd. Vs. Tripos Engineering & Trading Company (GD) and others, 2003, 32 CLC (HCD)
.... Nowadays, the banks which issued irrevocable letters of credits and confirmed its obligation to pay are coming for similar order against negotiating banks to withhold payment. This is definitely not good instance to the reputation of the banking system of the nation in commercial and trading transa......t rejected the application for temporary injunction and vacated its order of status quo dated 9‑11‑2001. Against this order, the Petitioner Bank obtained latter Rule. 12. Taking us through the records, Mr. Ajmalul Hossain, learned Senior Counsel for the petitioner Bank, submitted that the tri......is directed to make the payment under the letters of credit in question to the Premier Bank without any further delay. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 55...Category: Civil Law | Date: | Hits: 100
Uttara Bank Limited Vs. Syed Abidur Reza and others, 2009, 38 CLC (AD)
....in the aforesaid decision and no further discussion is called for and accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 470.......for the appellant and Mr. Mahmudul Islam, the learned Counsel appearing for the respondents and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 16. The main contention of the learned Counsel appearing for the appellant is that the su......nt Judge) Sadar, Sylhet for declaring that the termination of the job of the said plaintiff as Senior Assistant in Uttara Bank was illegal, mala fide and without jurisdiction and that he was still in service of the Bank stating, inter alia, that he joined the bank as Junior Assistant on 19.02.1977 i..Category: Employment/Service Law | Date: | Hits: 95
Quazi Faruque Ahmed Vs. M. A. Wadud and others, 2010, 39 CLC (AD)
....f the High Court Division shall remain in force till disposal of the suit. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 467....... the learned Assistant Judge, and that the learned Assistant Judge will be at liberty to dispose of all issues involved in the suit independently on the basis of the evidence to be available with the record. The order of status quo as directed by the learned Single Judge of the High Court Division s......f the High Court Division shall remain in force till disposal of the suit. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 467...Category: Civil Law | Date: | Hits: 75
Government of Bangladesh Vs. A.B.M. Siddique Mia, 2010, 39 CLC (AD)
....ore, merit in this appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 460, 8 LG (AD) (2011) 6, IX ADC (2012) 201. ...... be given upon the appellants to consider his service financial benefits if he makes a prayer in that regard, so that the respondent would be able to get his attended benefits. 8. As seen from the record, the respondent never claimed his financial benefits at any point of time prior to 1996 after...... S.K. Sinha J.- In this appeal leave was granted to consider on two points, firstly, whether the Administrative Appellate Tribunal was justified in declaring the respondent be deemed to be in active service with effect from the date of his alleged joining on 27th December, 1971 and in directing pay..Category: Administrative Law | Date: | Hits: 229
Karam Ali Vs. State, 2001, 30 CLC (HCD)
....and the Honurable Chairman of the Law Commission of Bangladesh for favour of their kind perusal. Send down the lower Court records at once Ed. This Case is also Reported in: 54 DLR (2002) 378.......ce of the witnesses examined by the prosecution as well as the impugned judgment. 9. To arrive at a correct decision in the case, it will be appropriate for us to consider the material evidence on record. 10. PW 1 Kaisar Ali Khan ASI stated in his evidence that on the night following 25-3-93 h......e prosecution has failed to examine informant SI Md. Abdul Halim in spite of exhausting all legal processes for securing his attendance in the Court. Informant SI Md. Abdul Halim Miah is no longer in service and his attendance could not be secured in spite of best efforts made by prosecution. In thi..Category: Criminal Law | Date: | Hits: 97
Shah Newaz (Md.) and others Vs. Shah Wali and another, 2001, 30 CLC (HCD)
....end down the original case records at once with a copy of this judgment to the learned District Judge, Dhaka for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)375.......n possession in the suit property as tenants. Thereafter title appeal No. 457 of 1990 was filed in the Court of District Judge, Dhaka, Additional District Judge, 5th Court, Dhaka heard the appeal and recorded concurrent findings and decisions that the suit was barred by law and, as such, the Assista......utwalli or Waqf Administrator before filing of the suit and in case of any decree, the Waqf Administrator may apply the relevant court within 4(four) months declaration that the decree is void, hence service of notice before the institution of the suit was curable and that in paragraph 8 of the Waqf..Category: Trust/Waqf Law | Date: | Hits: 187
Ali Hossain (Md) and Other Vs. State, 2000, 29 CLC (HCD)
....and requested the informant to identify him as such for facilitating opening of the account. Informant Md. Shahjahan believed the representation of accused Tara Miah and acting on it he identified in good faith Haji Asgar Ali in the account opening form whereupon savings account No.5131 was opened a......usion and forgery for the purpose of cheating and hence the case. 3. An Assistant Inspector of the Bureau of Anti-Corruption investigated the case seized alamats from the bank, examined witnesses, recorded their statements under section 101 of the Code of Criminal Procedure, sent the disputed acc...... as practicable and must ensure are that it does not go by lapse, inaction or inertia. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 282. ..Category: Criminal Law | Date: | Hits: 40
Nurul Islam Manzoor Vs. State, 2000, 29 CLC (HCD)
.... are returned to one of the learned Advocates of the petitioners. Communicate the order to the Metropolitan Session Judge, Dhaka. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 276. ......neral—For the State. Criminal Revision No. 557 of 1999. Judgment Md. Hamidul Haque J. - By this Rule, the opposite party was called upon to show cause as to why statement of the witnesses recorded section 161 of the Code of Criminal Procedure and of co-accused Taheruddin Thakur recorded ...... are returned to one of the learned Advocates of the petitioners. Communicate the order to the Metropolitan Session Judge, Dhaka. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 276. ..Category: Criminal Law | Date: | Hits: 45
Nur Hossain (Md) Vs. Secretary, Ministry of Land and others, 1999, 28 CLC (HCD)
....stances of the case we find no substance in this writ petition and accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 275. ......bligation to do. 2. Short facts giving rise to the issuance of this Rule are as follows: The petitioners were the owners of the land in question of LA Case No.44 of 1959-60 measuring 2.26 acres recorded in CS plots No.110 and 111. The said land was acquired by the then Government of Pakistan b......stances of the case we find no substance in this writ petition and accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 275. ..Category: Property Law | Date: | Hits: 28
Salim (Md.) Vs. State, 2001, 30 CLC (HCD)
....ne of Taka 5,000.00 in default, to suffer RI for a further period of 6 months is affirmed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 359.......accused-appellant, submits that the learned Sessions Judge was manifestly wrong in convicting and sentencing the accused appellant without properly discussing and considering the material evidence on record and, as such, the impugned order of conviction and sentence is not sustainable in law. The le......ne of Taka 5,000.00 in default, to suffer RI for a further period of 6 months is affirmed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 359...Category: Criminal Law | Date: | Hits: 53
Dhaka Leather Company Ltd. Vs. Sikder Construction Ltd. and another, 2001, 30 CLC (HCD)
....result, the Rule is discharged. No costs. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 357.......result, the Rule is discharged. No costs. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 357.......tion of limitation, the law is very clear. Article 178 of the Limitation Act has provided for a period of ninety days for filing in Court of the award. Such period will only commence from the date of service of notice of making the award. We could not find any date when such notice, if any, was at a..Category: Procedural Law | Date: | Hits: 69
Abdul Mannan (Md) Vs. Swaraj Roy and others, 2001, 30 CLC (HCD)
....is affirmed. No order as to costs. The order of stay granted at the time of issue of the Rule is hereby re-called and vacated, Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 352. ......ty No. 2 migrated to India long ago and died there. By way of pattan and purchase his grandfather and father acquired the suit land at various times from 1925 and possessed. Lastly, the suit land was recorded in the name of his father during the survey under the State Acquisition and Tenancy Act and......is affirmed. No order as to costs. The order of stay granted at the time of issue of the Rule is hereby re-called and vacated, Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 352. ..Category: Property Law | Date: | Hits: 31
Khulna Newsprint Mills Limited Vs. Chairman, Labour Court, 1999, 28 CLC (HCD)
....impugned judgment and order passed by that Labour Court is set aside without any order as to costs. Let the LC Records be sent down Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 271.......6 (Annexure-CI to the petition), and the petitioner-Company’s further case was that in the form which was sent to the superintendent of police for inquiry the respondent No. 2’s year of birth was recorded as 1936 and the said form was duly counter-signed by the respondent No.2 himself. In the sa......1936 and at the time of his appointment, the Public Servant Retirement Act, 1974 was not in existence and he did not consider his date of birth would be a very serious factor in the later part of his service. He came to know that the petitioner-company started preparing a list of employees who would..Category: Labour and Industrial Law | Date: | Hits: 117
Ganesh Chandra Das Vs. Arati Acharjya, 2001, 30 CLC (HCD)
....d down the original records at once with a copy of this judgment to the learned District Judge, Chittagong for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)348. ......and 3 children, should be set aside. 2. The Revisional application was flied mainly on the grounds that the judgments and decrees of both the Courts below are not on the basis of legal evidence on record and both Courts below committed error of law resulting an error in the decision occasioning f......d down the original records at once with a copy of this judgment to the learned District Judge, Chittagong for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)348. ..Category: Family Law | Date: | Hits: 186
State Vs. Rashid Ahmed & others, 2002, 31 CLC (HCD)
....hittagong and the Deputy Commissioner, Chittagong for their information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 333. ......od in their evidence on any point, the learned Additional Sessions Judge was manifestly wrong in discarding their corroborative evidence on imaginary grounds in preference to the positive evidence on record and the same has indeed occasioned a miscarriage of justice. 8. No one appears to oppose t......hittagong and the Deputy Commissioner, Chittagong for their information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 333. ..Category: Criminal Law | Date: | Hits: 76
Shamsul Haque (Md) Vs. State, 1999, 28 CLC (HCD)
....is acquitted of the charge brought against him and he be discharged from him bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 255. ......11-89 at 00.15 hours explaining the delay due to assurance of salish and medical examination of the victim. 3. On the aforesaid First Information Report the police visited the place of occurrence, recorded statement of the witnesses under section 161 of the Code of Criminal Procedure and prepared......is acquitted of the charge brought against him and he be discharged from him bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 255. ..Category: Criminal Law | Date: | Hits: 32
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