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Habibur Rahman Hawlader Vs. State and another, 2000, 29 CLC (HCD)
.... Chandra Ghosh submits that the complainant filed the petition of complaint against the petitioner under section 138 of Negotiable Instruments (Amendment) Act 1994 without strictly complying with the provisions of the said Act. He further submits that the two cheques were issued in favour of the com......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)
....g from the list on the ground that the building is not abandoned one and not vested in the government under PO No. 16 of 1972 or that his right or interest n the building has not been affected by the provisions of that order. As soon as a gazette notification s published enlisting the property as ab......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)
....s also to be declared without any lawful authority. 8. On the other hand, Mr. Altafur Rahman, the learned Deputy Attorney-General, submits that in no way respondent No.1 has violated any statutory provisions of law in order to extend the area of Kushtia Pourashava as alleged by the petitioner. In......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)
.... found no reasons to accept the testimony of P.W.'s 10, 12 and 16 in the case in hand. 9. The High Court Division, considering the facts and circumstances, evidence both oral and circumstantial, provisions of law and the decision as referred to, observed that the prosecution in the instant case......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)
....emptee contested the said application for pre-emption denying all the material allegation contending, inter-alia, that the application for preemption was barred by limitation and also barred by the provisions of waiver, estoppel and acquiescence and the same was bad for defect of parties. The pre-......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)
....sed in Writ Petition Nos. 3271, 5239. 4678, 4677, 4013, 4014, 2754, 2817, 3065 and 6420 of 2007 making absolute the Rules obtained impugning the order/decision dated 4.6.1997 for application of the provisions of SRO 113 dated 11.5.97 and for withdrawing CRF on the goods imported by the responden......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
Category: Civil Law | Date: | Hits: 96
Shahadat Hossain (Md.) Vs. Base Textile Ltd., 2000, 29 CLC (HCD)
....ith the power to give loan to all directors, including himself as the managing director. Such absolute authorisation to give loan by the Managing Director from the Company’s fund is contrary to the provisions of the company law and prejudicial to the interest of the company and its members. While ....... 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
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
Alizan Shaikh Vs. Moniruddin, 2010, 39 CLC (AD)
....decreeing the suit and hence no interference in the impugned judgment and order is called for. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 960.......der that the alleged vendor of the plaintiffs, Kallayani Debi, had no saleable interest in the suit land after the execution of the money decree in reference and that the High Court Division erred in law in holding that because of withdrawal of Title Suit No. 256 of 1963 by Surendra Nath Bhowmik, th..Category: Property Law | Date: | Hits: 51
Dr. Qazi Faruque Ahmed Vs. Mahbub-ul Karim and others, 2010, 39 CLC (AD)
....f paper books is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 955.......ms allegedly under the instruction of Dr. Qazi Faruque Ahmed vehemently entered into the Proshika Bhaban, Mirpur took over control and possession of the same; that on 14.01.2010 early morning the law enforcement agency removed all miscreants from Proshika Bhaban and the Deputy Commissioner of Po..Category: Civil Law | Date: | Hits: 103
Bangladesh Parjatan Corporation Vs. Md. Ali Hossain & another, 2009, 38 CLC (AD)
....r book is dispensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the appeals.' Ed. This Case is also Reported in: VII ADC (2010) 949. ......d against the judgment and order dated 22.01.2008 passed by the High Court Division in Writ Petition No. 2766 of 2006 making the Rule absolute. 2. The facts, in short, are that the petitioner is a law abiding citizen of Bangladesh. He is also the elected President of the Bangladesh Parjatan Corpo..Category: Employment/Service Law | Date: | Hits: 95
Suraiya Begum and others Vs. Misir Ali and others, 2010, 39 CLC (AD)
.... the plaintiffs to put their case; that the defendants suppressed the whole material facts and the High Court Division failed to apply its judicial mind in assessing the materials on record and the provision of law applicable thereto; that the High Court Division manifestly erred in law resulting ......fs to put their case; that the defendants suppressed the whole material facts and the High Court Division failed to apply its judicial mind in assessing the materials on record and the provision of law applicable thereto; that the High Court Division manifestly erred in law resulting in an error o..Category: Property Law | Date: | Hits: 47
Nasrin Akhter and another Vs. Sree Gouranga Lal Mukherjee and others, 2009, 38 CLC (AD)
....petitioners are permitted to prepare the paper book out of Court in accordance with Rules. The appeals to be heard one after another. Ed. This Case is also Reported in: VII ADC (2010) 940. ......nd in view of the judgment and decree passed in Title Suit No. 59 of 1992 held that the Title Suit No. 28 of 1997 is hit by the principle of res-judicata and the Courts below committed gross error of law in overlooking the aspect of res-judicata and thereby judgment and decree passed by the courts b..Category: Property Law | Date: | Hits: 45
Dr. Manzoor Rasheed Chowdhury Vs. Principal, DMC Dhaka and others, 2000, 29 CLC (HCD)
....ission test and by increasing one seat by the respondents. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 578. ......ka Medical College, Dhaka on false plea of the petitioner being over age on the basis of the notification dated 7-10-99 as contained in Annexure-G should not be declared to have been made without any lawful authority and or such other of further order or orders passed as may be deemed fit and proper..Category: Others | Date: | Hits: 100
Category: Anti-Corruption Laws | Date: | Hits: 171