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Abdur Rouf @ Rab Howlader Vs. State, 2003, 32 CLC (HCD)

.... In the result, this appeal is dismissed and the order of conviction and sentence is hereby affirmed. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 202. ......th eyes of Abdur Rouf. After staying some days in hajat, he was released on bail. 2/3 months, after, he went to the village with his daughter Firoja Begum and stayed in the house of his father‑in‑law. 3/4 days thereafter, they came to his house and at the time he went to Ryanda Bazar. Abdur Rouf..

Category: Criminal Law | Date: | Hits: 44

Rustom Ali and others Vs. Hasen Ali and others, 2011, 40 CLC (AD)

....ely, after keeping Photostat copies of all those documents in the office, duly attested by the Registrar. Ed. This Order is also Reported in: 16 BLC (AD) (2011) 34 & 19 BLT (AD) (2011) 53. ...... of the certified copy and others who are responsible for the fraud under section 195(1)(c) read with section 476 of the Code of Criminal Procedure and for taking necessary actions in accordance with law. 7. Let the concerned original certified copy bearing P.C.No. 941 of 2009 of the judgment and..

Category: Criminal Law | Date: | Hits: 70

Kawsar Alam Khan Vs. State, 2000, 29 CLC (HCD)

....pellant does not leave Bangladesh without permission of the trial Court. This Judgment and order shall have no bearing on the trial. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 298.......adesh for a short visit leaving his wife and minor children in the USA and that at the instance of his enemies the police out of greed and avarice cooked up false cases against the appellant who is a law abiding and peace loving citizen having no criminal record. He further submits that the allegati..

Category: Criminal Law | Date: | Hits: 54

Abdul Hoque (Md.) Vs. Md. Abdul Gani alias A Gani, 2000, 29 CLC (HCD)

....ute. No costs. The records of the case, be sent down to the office of the Waqfs Administrator for taking necessary action forthwith. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 295.......ction 115 of the Code of Civil Procedure and obtained the Rule as stated above. 8. Mr. Ashfaqul Islam, Advocate appearing for the petitioner mainly submitted that the Count of Appeal blow erred in law in affirming the decision of the Waqf Administrator by cancelling the appointment of the petitio..

Category: Trust/Waqf Law | Date: | Hits: 174

Sobha Rani Biswas Vs. State and others, 1999, 28 CLC (HCD)

....itted the accused of the charges levelled against them. In the result, the Rule is discharged. Let the LC Records be sent down once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 293.......mined by the defence. 10. He secondly, submits that the admitted signatures of any of the parties were not taken on the order of the Court or in presence of the Coat, contrary to the provisions of law. 11. He next submits that according to the prosecution the thumb impression of Kallani Rain B..

Category: Criminal Law | Date: | Hits: 51

Haripada Saha Vs. Md. Shamsuddin Quraishi and others, 1997, 26 CLC (HCD)

....llegality in the impugned order. In the result, the Rule is discharged without any order as to costs. Send down the LC Records at once; Ed. This Case is also Reported in: 54 DLR (2002) 606.......o not proper for the trial Court to arrive at such a finding relying on the notes appearing in the book, “Law on Partition”, Third Edition, published by Dhaka Law Reports, without citing the case law or elaborating the facts therein which has caused a failure in the decision occasioning a failur..

Category: Administrative Law | Date: | Hits: 210

Rupali Bank Ltd. Vs. Chairman, Second Labour Court, Dhaka, 2001, 30 CLC (HCD)

.... be absorbed in permanent posts, on preferential basis, as and when such posts are available or created. There will be no order for costs. Ed. This Case is also Reported in: 54 DLR (2002) 602.......ates of the respective parties held that the petitioners are permanent workers appointed by the Bank and accordingly, directed the petitioner Bank to allow the petitioners benefits in accordance with law. 4. Being aggrieved the Bank moved this Court and obtained the Rules. 5. On behalf of the ..

Category: Labour and Industrial Law | Date: | Hits: 134

Habibur Rahman Hawlader Vs. State and another, 2000, 29 CLC (HCD)

....re is a misconceived one. In the result the Rule is discharged, stay granted earlier by this court is thus vacated. Communicate the order. Ed. This Case is also Reported in: 55 DLR (2003) 199.......le Instruments Act a cheque is to be presented to the Bank within a period of six months from the date on which it is drawn or within the period of validity which even is earlier. There is nothing in law specifying that a cheque can be presented only once within six months from the date of issuance ..

Category: Banking Law | Date: | Hits: 191

Amena Khatun Vs. Chairman, Court of Settlement and others, 2010, 39 CLC (AD)

....e learned Counsel is devoid of substance. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 01, 15 MLR (AD) (2010) 438. ......ned Counsel appearing for the appel­lant argued that in view of the decrees passed in title Suit Nos. 113 of 1980, 408 of 1982 and 213 of 1985, the learned Judges of the High Court Division erred in law in not holding that the listing of the disputed property is hit by section 5 of Ordinance No. LI..

Category: Property Law | Date: | Hits: 65

Korban (Md.) Vs. Government of Bangladesh and others, 2003, 32 CLC (HCD)

....f receipt of this order. The District Magistrate, Dhaka Mr. Md. Abdul Huq is directed to pay a compensatory cost of Taka 5,000 to the detenu. Ed. This Case is also Reported in: 55 DLR (2003) 194....... to why the detained Md. Shahid now being detained in Dhaka Central Jail should not be brought before this Court so that it may satisfy itself that the detenu is not being held in custody without any lawful authority or in an unlawful manner. 2. Heard the learned Advocate Mr. Sk Md. Morshed for t..

Category: Constitutional Law | Date: | Hits: 161

Sultana Begum and others Vs. Government of Bangladesh, 2002, 31 CLC (HCD)

....esult the Rule is discharged; without any order as to cost. The order of the day passed at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 55 DLR (2003) 190. ......ification SRO No. 30‑Ain 2000 Sha‑Poura-2 Ga Sha‑1/92 dated 3‑2‑2000, issued by the respondent No. 1, Annexure-A to the petition, should not be declared to have been made illegally, without lawful authority and of no legal effect. 2. The case of the petitioners, for the purpose of the d..

Category: Election Law | Date: | Hits: 85

State Vs. Alal Mia and others, 2010, 39 CLC (AD)

....f the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 1013.......201/34 on 08.09.2003 against the accused persons including the appel­lants. The charge was read over to the accused persons of whom they pleaded not guilty and claimed to be tried in accordance with law. 5. During trial the prosecution examined as many as 25 witnesses and the wit­nesses were du..

Category: Criminal Law | Date: | Hits: 46

Md. Ayub Ali and others Vs. Isa Mandal and others, 2010, 39 CLC (AD)

....e above, we find no sub­stance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 1006.......Advocate further submitted that the co-sharers left their residence after disposing of their properties and accordingly ceased to be co-sharers and as such, the High Court Division committed error of law in disallowing the pre-emption. 5. P.W.1 in his cross-examination said that he has nothing to..

Category: Property Law | Date: | Hits: 39

Abdul Jalil Molla and others Vs. Mahtab Uddin Biswas, 2009, 38 CLC (AD)

....ngs of the High Court Division. Under such circumstances, these petitions merit no consideration and accordingly, those are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 1004. ......f for­gery, he was not able to produce the original deed and filed only a certified copy, as such, the Appellate Court right­ly disbelieved the said forged deed but the High Court Division erred in law in disagreeing with the findings of fact arrived at by the Appellate Court, the last Court of fa..

Category: Property Law | Date: | Hits: 46

Commissioner of Customs and others Vs. M/S. R.R. International and others, 2009, 38 CLC (AD)

....ssain's case 48 DLR (AD) 199, Mostafizur Rahman's case 51 DLR (AD) 40 and Monohar Ali's case, 4 BLC (HD) 449 and further the above SRO Nos. 113 dated 11.5.97, pur­porting to amend the PSI Rules 1996 amending serial No. 18 has not been publish in the Official Gazette and thus is merely a notificatio......o.244 dated 31.12.96, has been withdrawn and directed to assess customs duties and other charges on the basis of tariff value and the above refusal and direction an arbitrary, illegal and without any lawful authority. 4. The respondents in Civil Petition Nos. 661-69 of 2001 filed Writ Petition No..

Category: Fiscal/Taxation Law | Date: | Hits: 93

Bazal Hoq and others Vs. Sayedul Hoq and others, 2010, 39 CLC (AD)

...., we find no sub­stance in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 998....... parties in the suit. 4. Mr. Md. Ibrahim Khalil, learned Advocate-on-Record, appearing for the petitioner submitted that the Court of Appeal below and the High Court Division committed an error of law resulting error in the decision occasion­ing failure of justice in overlooking the oral and doc..

Category: Property Law | Date: | Hits: 47

M/s. Bangladesh Catfish Limited and others Vs. Sunny Fish Agency and Trading and others, 2010, 39 CLC (AD)

....o withhold the payment of the decreetal amount. We find no merit in the contention of Mr. Mahmud. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 991.......8,57,952/- in place of Tk. 8,16,52,496.567. 6. Mr. Rokanuddin Mahmud, the learned Senior Counsel appearing for the petitioners contended that the learned Judges of the High Court Division erred in law in affirming the judgment and decree with modification passed by the learned Joint District Judg..

Category: Civil Law | Date: | Hits: 96

Shahadat Hossain (Md.) Vs. Base Textile Ltd., 2000, 29 CLC (HCD)

....ules regulating the affairs of the company, amendment of any of the articles is always a serious matter and deserves to be taken seriously. For adoption of a special resolution in any General Meeting amending an article or articles, there should be a Board decision or a decision of the Board by circ....... Matter No. 11 of 2001. Judgment KM Hasan J.- The facts, as stated in the petition, are that the respondent No. 1, Base Textile Limited, a private limited company was incorporated under the law of Bangladesh on 27-4-1993 (True copies of the Certificate of Incorporation and Memorandum and A..

Category: Company Law | Date: | Hits: 247

Hamidul Huque, Managing Director, United Commercial Bank Ltd. and another Vs. Akhtaruzzaman Chowdhury, 2005, 34 CLC (AD)

.... above, we find no cogent reason to interfere with the impugned order of the High Court Division. In the result, the appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 971.......allenging the legality of the aforesaid Act which is registered as Writ Petition No.4809 of 2003 in the High Court Division and another shareholder of the Dhaka Bank also challenged the aforesaid new law in Writ Petition No.3482 of 2003 and it was brought to the notice of the Chairman designate that..

Category: Criminal Law | Date: | Hits: 60

Syed Amir Hossain Vs. State and another, 2010, 39 CLC (AD)

....edings. There is, therefore, no warrant in law to interfere with the same. Accordingly, the petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 969, VII ADC (2010) 1020.......High Court Division that the disputed deed's "genuiness may be chal­lenged and evidence may be led to rebut its legal presumption under section 90 of the Evidence Act" is based on miscon­ception of law, inasmuch as, the High Court Division misapplied the statement of law argued in 57 DLR(AD) 82. ..

Category: Criminal Law | Date: | Hits: 54