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Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)
.... Ramna Police Station, relating to the occurrence between 22‑11‑98 a and 12-7-2001 alleging that Md. Nasim, at the relevant time, Post and Tele-Communication Minister and AHS Rahman, Director, Consociates Ltd. in collusion with each other, by misusing their powers got Consociates Limited appoint......n 418/109 of the Penal Code and also offence punishable under section 5(2) of Act II of 1947. 3. In detail the first information report case is that on 22‑11‑1998 an international tender was called for installation of 3 lacs digital telephone lines and the said tender was participated by Wo......olding. These facts constitute illegal connivance and also to facilitate World Tel Holding Ltd. with the said job of installing 3 lacs digital telephones by which the Government has been in financial loss of huge amount and this act of these accuseds constituted offence under section 418/109 of the ..Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1
Fokrul Alam Chowdhury Vs. State & another, 2004, 33 CLC (HCD)
....a bar to initiate a criminal proceedings if it is found by the disclosure of facts that there is distinct element of criminal offence in the matter………….....(6) One person may have to bear civil as well as criminal liability for the same occurrence As becau...... connection with the Rule stands vacated. Send a copy of the judgment to the Senior Special Judge, Cox's Bazar, immediately. Ed. This Case is also Reported in: 57 DLR (2005) 727. ......lation of interest. It is alleged that accused petitioner has sanctioned those unauthorised loans for personal gain as well as extending illegal facilities to others and thereby caused huge financial loss to the Bank. The accused petitioner was given opportunity to make recovery of the loans extende..Category: Banking Law, Criminal Law | Date: 12 Dec, 2004 | Hits: 1
Regent Ken International Ltd Vs. Amanat Shah Ship Breaking Industries Ltd, 2004, 33 CLC (HCD)
.... of necessaries as well as for their services tendered to the vessel. Service of notices was effected upon the defendants, including the defendant-petitioner, through his local agent, namely Viking Associates Ltd., by means of hanging on their premises since they refused to accept the notices. This ......rve summons/notice upon the defendant petitioner none was served nor did the defendant petitioner receive any summons/notice of the suit. On the contrary, he was prevented from appearing since the so-called agent of the ship-owner did not accept the notice. He added that the agency between the ......urt within 10 days, failing which this order of restoration shall stand vacated. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 234. ..Category: Admiralty Law or Maritime Law | Date: 30 Nov, 2004 | Hits: 6
Dr. Alauddin Ahmed Vs. Md. Idris Ali Bhuiyan and others, 2004, 33 CLC (AD)
....ts inside the packets are intact and would unerringly show that the ballot papers, the counterfoils of 'the issued ballot papers and the marked copies of the electoral rolls were not tampered with by some malicious hands, meanwhile, in order to create evidence/ground for undoing the election ……â......on of the respondent No. 1 to call for the records in question, Mr. Rokonuddin Mahmud has drawn our attention towards the last portion of the prayer wherein prayer has been made to take the documents called for in evidence and for counting the ballots. Taking clue there from the learned Counsel subm......r that the impugned order calls for our interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 14. ..Category: Election Law | Date: 30 Oct, 2004 | Hits: 142
Bangladesh Jute Corporation Vs. AB Jute Ltd, 2004, 33 CLC (HCD)
....ur Vs. Amritlal Kali Das and others, AIR 1954 Bombay 293; Samilummah Vs. Collector of Aligarh, AIR 1946 Privy Council 75; Banarasi Das Vs. Cane Commissioner, AIR 1963 SC 1417; Rajuk Vs. MN Alam and Associates, FA No.282 of 2003; Awan Industries Ltd. Vs. Executive Engineer, Lined Channel Division, 19......arbitrator who will finally decide the controversy, of course, in judicial manner. 33. Law requires such reference or submission must be intended and expressed by the parties in writing which is called 'written arbitration agreement'. An oral agreement to submit a dispute or differ...... not receive any jute from the Corporation. On 3‑2‑96 the Corporation cancelled the contracts. The Corporation did not deliver 23,014 bales of said jute as per contracts for which Redsun suffered loss. 10. Redsun Company then made an application to the Registrar of said Association for cons..Category: Arbitration Law | Date: 18 Aug, 2004 | Hits: 8
Ashraful Alam Vs. Md. Moniruddin and ors, 2004, 33 CLC (HCD)
....1995, which decreed the suit. 2. Respondent Nos.1 to 6 as plaintiffs on 14-2‑95 instituted the suit for declaration of title in the suit land on the basis of adverse possession only and also for further declaration that said defendant No.12 acquired no title or interest in the suit land ...... 11. He further said that the home of Hafez Mohammad Hossain was in Zinnia, Dhaka. He had other property at the Bandar. The suit land was on the Dapur Station Junction of three roads. It was also called old Press Club road, in the commercial centre of the town. Price of possession in the area wa......gment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 260. ..Category: Property Law | Date: 17 Aug, 2004 | Hits: 2
Jane Alam (Md.) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
............................................Petitioner Vs. Government of Bangladesh and others..............Respondents Judgment August 10, 2004. Result: The Rule is made absolute. Lawyers Involved: Dr. AKM Ali with AB Showkat Ali, Advocates- For the Petitioner. ......nce to the aforesaid Trawler of the petitioner. In accordance with law within 60 (sixty) days from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 305. ......petitioner in question is of wooden body it is liable to become totally unfit for deep-sea fishing if the Trawler is not allowed to go for fishing on a regular basis and that would mean a total and colossal loss to the petitioner. Accordingly the petitioner obtained necessary permission from the res..Category: Admiralty Law or Maritime Law | Date: 10 Aug, 2004 | Hits: 4
.... are no doubt relevant at the trial. The bank is obliged to prove such entries But proof of such entries in its books of accounts shall not be sufficient evidence to entitle the bank to charge any person with any liability and ultimately, to a decree against him. The bank must adduce independent evi......ers sanctioning of any advance or loan facilities and relating to the alleged accounts could not be produced by the bank in spite of demands made on behalf of the defendant company. Hand‑written so-called statements of accounts produced and got marked as exhibit 11 and 11(ka) are not admissible in......f credits. The plaintiff bank most illegally withheld the passbook of the defendant company and did not give any financial assistance in new venture. Consequently, the defendant company suffered huge loss.
9. Their further case is that the defendants applied for a credit facility of Taka 1,00,5..
Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4
Oriental Bank Ltd. Vs. Rina Alam and another, 2004, 33 CLC (AD)
....itle Suit No. 208 of 1997 renumbered as Title Suit No. 197 of 2001 against the petitioner bank for a declaration that the plaintiff had no liability to the petitioner bank for any loan amount, the so-called Memorandum of Deposit of Title Deed dated 17‑3Â-1988 was forged, concocted and illegal......e Suit No. 208 of 1997 renumbered as Title Suit No. 197 of 2001 against the petitioner bank for a declaration that the plaintiff had no liability to the petitioner bank for any loan amount, the so-called Memorandum of Deposit of Title Deed dated 17‑3Â-1988 was forged, concocted and illegal, t......hi Bank and others Vs. Al-haj Md. Nurul Islam and another, reported in 52 DLR 434. The High Court Division held on the fact in that case that the question whether the plaintiff company suffered any loss or not due to laches, non co‑operation or activities of the Bank was considered and rejected..Category: Civil Law | Date: 5 Jul, 2004 | Hits: 171
Rajshahi DevelopÂment Authority Vs. Sultan Ahmed, Advocate and others, 2005, 34 CLC (AD)
.... Lawyers Involved: Md. Ozair Farooq, Senior Advocate, instructed by Md. Nawab Ali, Advocate‑on‑Record‑For the Appellant. Sultan Ahmed, Advocate, (appearing in person), instructed by Md. Aftab Hossain, Advocate‑on‑Record-For Respondent No. 1.&nbs......at Taka 30,000 per acre is found to have met the ends of justice, fairness and equity in this case in the circumstances as shown above. We, therefore, do not think that any interference is called for. Substantial justice is found to have been done to both the parties." &nb......ury, that has been suffered by the writ‑petitioner and is confined to thefacts and circumstances of this case only. The appeal is dismissed without any order as to costs. Ed. ..Category: Constitutional Law | Date: 29 Jun, 2004 | Hits: 232
Abdul Mumin alias Tanu Miah Vs. Mahfujur Rahman and othÂers, 2004, 33 CLC (AD)
....father late Abdul Mogni and uncle Abdul Ghani who died leaving only daughter,Respondent No. 2 Farida Begum. It was the case of the pre-emptor that Farida Begum as co-sharer of the khatian in question sold parcels of land by five registered kabalas dated September 5, 1988 to Mehfuzur Rahman, the Resp......le partiÂtion of the land of the khatian No. 450 alleged by the pre-emptees being not partition in the eye of law and thus there being no ceasing of co-shareship in the land of the khatian by the so called amicable partition the High Court Division as well as the lower appellate Court were in error......on of the land transferred by the heir of Abdul Ghani to the pre-emptees. Accordingly all the appeals are dismissed There is no order as to cost. Ed. This Case is alsoReported in: 1 ADC (2004) 515...Category: Property Law | Date: 28 Jun, 2004 | Hits: 43
.... Corporation vs KKK Kar (1974) 1 SCC 141; (1996) 1 SCC, 54 (Indian Drugs & Pharmaceuticals Ltd vs Indo Swiss Synthetics Gem Manufacturing Company Ltd and others); (2001) 6 SCC, 365 (Fuerst Day Lawson Ltd vs Jindal Exports Ltd); AIR 1959 SC, 1362 (Union of India vs Kishorilal Gupta and Brothers) ......ll the documents to be produced by the plaintiff are genuine and he has personal knowledge of the same, that plaintiff was not allowed to place its document in support of its case, that the plaintiff called Project Manager of the defendant No. 1 as witness but the defendant No. 1 created a situation......risdiction to entertain the suit, that the balance of convenience and inconvenience is in favour of the defendant No.1 and that in case the injunction is granted the defendant No. 1 would suffer huge loss and that defendant No. 1 would be deprived of the opportunity of resolving the dispute in the m..
Category: Civil Law | Date: 21 Jun, 2004 | Hits: 321
Abdul Gaffar Chowdhury Vs. Joint District Judge and Artha Rin Adalat & others, 2004, 33 CLC (HCD)
.... Writ Petition No. 4339 of 2002. Judgment Md. Awlad Ali J.- This Rule Nisi was issued calling upon the respondents to show cause as to why sections 6 and 7 of the Artha Rin Adalat Ain, 1990 insofar as they provide for payment of 50% of the decretal amount when it was sought by the defendant ...... that due service of summons upon the defendant was not effected before the decree was passed or that the defendant was prevented by sufficient cause from appearing before the Court when the suit was called on for hearing. If either of these conditions is satisfied the Court is bound to set aside th...... imported goods and there was also full security for the proposed revolving LTR. As a result the petitioners imported goods were auctioned by the authorities which made the petitioner to incur a huge loss for failure and negligence by the respondent bank. The L/C good were hypothecated in favour of ..Category: Banking Law | Date: 14 Jun, 2004 | Hits: 310
Govt. of BD rep. by DC Vs. Anwara Huq & ors., 2004, 33 CLC (AD)
.... The Land Acquisition Act, 1894 (I of 1894), Sections 3(a), 23 & 24 In assessing compensation for acquired land compensation is to be assessed not only for land simplicitar but also for benefits arising out of the land, things attached to the land and permanently fastened to an......objection of the State on the above point upon a misconception of law and misinterpretation of the word 'land' as occurring, in the aforesaid sections and further wrongly relying upon what has been called, "the rule of beneficial construction". 4. From the materials on reco......rator has not committed any error of law. In view of the discussions made hereinabove we do not find any merit in the appeal. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: 25 May, 2004 | Hits: 121
Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)
....less protected by the Court in the meanwhile the respondents would undergo irreparable and irremediable loss of possession of the mining leases involving a huge waste of labour, machinery and other resources of equipment of immense value hardly capable of being remedied by payments of money as compe......o Rule was issued and the High Court Division thought it just and fair to dispose of the writ application with direction staying the impugned order pending disposal of the said appeal, which has been called in question before this Court. 4. Mr. Fida M Kamal, the learned Additional Attorneyâ......the period of sixty days requited for the purpose under section 80, Civil Procedure Code, and unless protected by the Court in the meanwhile the respondents would undergo irreparable and irremediable loss of possession of the mining leases involving a huge waste of labour, machinery and other resour..Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175
Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)
....275; IBAD and Co. Vs. Provice of Sind, PLD 1980 Karachi 207; KM Shafi Limited Vs. Bangladesh, 1983 BCR (AD) 152; Begum Khadija Akter Banu and another Vs. AKM Amanullah and another, 1985 BCR (AD) 8; Associated Engineers Co. Vs. Government of Andhra Pradesh, 4 SCC 93; Hashmat Ali Jamader Vs. Asmat Ali......d dated 22‑6-2000 is accordingly set aside. The arbitration agreement now ceases to have any effect. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 656. ......be cancelled. 5. He had to sit idle for about seven months and eighteen days after casting of pre‑cast pilings. Defendant No.2 held up the bills of pre-cast pilings and thereby caused monetary loss. The plaintiff could not drive the pilings for want of layout. By onrush of water of the flood ..Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3
SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)
....ssity. Questioning legality of termination of such appointment by one claiming himself as informant or witness of the case, “can hardly be considered legally well conceived” and such person is not competent to question the legality of such action…………&hellip......uo;ovijog othapito howa” against him was made without disclosing the kind of complaint(s) said to have been received and without affording him opportunity to put his version as regards the so called complaint(s) before passing of the order of removal from the Office of the Special Public P...... 9. In view of our discussions made hereinabove we find no merit in this appeal. The appeal, accordingly, is dismissed. There is no order as to costs. Ed. ..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259
Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)
....llip;………………… Respondents Judgment March 16, 2004. The Pourashava Ordinance, 1977 (XXVI of 1977), Section 13(1) (d) The resolution of no-confidence taken against the petitioner upon due compliance of relevant law and suc...... also the contention of the petitioner that in the special meeting allegedly held on June 8, 2003 no resolution as required under the law was adopted to remove the petitioner and that the so‑called resolution may at best be the proceeding of a meeting but the said proceeding having been ta......passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance. Accordingly, the petition is dismissed. Ed. ..Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269
....ers............Petitioners
Vs.
Md. Afzal Hossain and others ..............................................Respondents
Judgment
March 14, 2004.
Result:
The Rule is made absolute.
The judgment and order was passed illegally and without lawful authority as-the Corpora......rch Association an industry, Wanchoo, Justice held at para-6:
"........The activities of this association therefore have, in our opinion, little in common with the activities of what may be called a purely educational institution. It is true that the employees who have raised the present i......
In the result, the Rule is made absolute with the above observations and directions.
There is no order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 741.
..
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
....tters namely, Company Matter No.96 of 2001 and Company Matter No.97 of 2001 were taken up together for hearing because the respondent in both the matters is the same company and issues involved are also same. 2. Both the petitioners are ex-employees of the respondent company M/s Edruc Limited. ......t within the meaning of section 241 which was section 162 of the 1913 Act. 7. I have examined the legal provisions as contained in the aforesaid sections of the Companies Act, 1994, (hereinafter called 'the Act') and these are the relevant sections which need to be considered in disposi......tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
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