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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.......section 15 ka ka was inserted in the original Bank Company Act, 1991 and in view of the Dew section introduced in the Bank Company Act, the contemner No. 2 vide letter dated 17‑7‑2003 posed three questions to Mr. KZ Alam and sought his guidance on those matters. Upon receipt of this letter, Mr. ......t on 15‑4‑2002 and the subsequent order dated 17‑5‑2003 in Company Matter No. 2 of 2000 and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts which led to the issuance of this Rule are that, the present petitioner is a sponsor sharehold..Category: Banking Law | Date: | Hits: 158
Jalal Uddin and others Vs. State, 2003, 32 CLC (HCD)
.... 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....... 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.......e informant, inasmuch as the victim died due to heart failure long after the alleged date of occurrence. 7. The learned trial Court thereafter in consideration of the evidence on record as well as facts and circumstances of the case however, found all the three accused-appellants guilty for the o..Category: Criminal Law | Date: | Hits: 28
Dulal Mia (Md) Vs. State, 2003, 32 CLC (HCD)
.... 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.......ceased by the accused either to the Chairman or others. She frankly admitted that she cannot say how the deceased met with death. 11. PW 2, the brother of the deceased (informant of the UD case in question), corroborated his mother on all material points. He claimed that the place of occurrence h...... in the manner as alleged, but they have been falsely implicated in this case out of enmity and grudge. 7. The learned trial Court thereafter, in consideration of the evidence on record as well as facts and circumstances of the case, found the accused-appellant guilty for the offence charged and,..Category: Criminal Law | Date: | Hits: 88
Sirajul Islam @ Siraj and another Vs. State, 2003, 32 CLC (HCD)
.... 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. ......entify certain offences triable by Special Magistrate and withhold the applications of section 7 including the approval of the higher authority as required by section 7(3) to such offence. 14. The question is, whether the DG, DoE has under that proviso, exercised that power in respect of offences...... 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)
....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....... as the revision applications as US$ 3,14,431 and obtained the Rules from a Division Bench by such misrepresentation. 18. It is stated that the plaintiffs opened back to back letters of credits in question for purchase of 100% cotton yarn for making ready-made garments. The plaintiffs already adm......he petitioner Bank, submitted that the trial Court committed an error of law in rejecting the application for temporary injunction and vacating its earlier order of status quo without considering the facts evidencing clear fraud perpetrated by the plaintiff and opposite party No. 9, the Premier Bank..Category: Civil Law | Date: | Hits: 100
Noor Mohammad Vs. Md. Noor Hossain & another, 2002, 31 CLC (HCD)
.... Title Suit No. 238 of 2000 now pending in the Court of the 4th Additional Assistant Judge, Dhaka is vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 53. ...... matter the presence of Dhaka City Corporation as a defendant in the suit is neither necessary nor proper in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit. The trial Court has not at all applied its mind and passed the order......2000) of the Court of the Assistant Judge, 4th Additional Court, Dhaka allowing addition of party is hereby set aside. The impugned order dated 10‑2‑2000 has therefore become in fructuous. In the facts of the case I do not make any order as to costs. The order to stay all further proceedings ..Category: Tenancy Law | Date: | Hits: 171
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.......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.......This appeal is directed against the judgment and order dated 31.07.2004 passed by the High Court Division in Civil Revision No. 3942 of 1991 (Dhaka)/No.122/88 (Sylhet) discharging the rule. 2. The facts, in short, are that the respondent No.1 Syed Abedur Reza as plaintiff instituted Title Suit No..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.......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.......f Chairman of the Governing Body of PROSHIKA. 6. Since the learned Counsel does not press this petition on merit, we are not inclined to enter into the merit of the matter. On consideration of the facts and circumstances of the matter, it is hereby directed that whatever observations made by the ..Category: Civil Law | Date: | Hits: 75
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.......e has been prejudiced for non-examination of the investigation officer, although non-examination of the investigation officer in a criminal case is usually viewed with disapproval. 23. Now a legal question that troubles our mind is, that accused appellant Karam Ali and three others were charged u......d in relying on their evidence. We have already found that investigation officer of the case could not be examined by the prosecution due to circumstances beyond the control of the prosecution in the facts of the case, we do not find any reason to hold that the defence has been prejudiced for non-ex..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.......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....... Courts below committed grave error of law resulting in an error in the decision occasioning failure of justice; that both the Courts below failed to weigh the nature and character of the suit in the facts and circumstances of the case and committed error in holding that the jurisdiction of the Civi..Category: Trust/Waqf Law | Date: | Hits: 187
Ali Hossain (Md) and Other Vs. State, 2000, 29 CLC (HCD)
.... 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. ...... been marked as Exhibit 3/2. The standard signature of Haji Asgar Ali written by accused Ali Hossain have been marked as Exhibit 4. He further stated that accused Ali Hossain opened the SB account in question in the name of Haji Asgar Ali with only Taka 200.00. He proved the deposit slip marked Exhi...... reason to disbelieve the consistent and cogent evidence of the witnesses examined by the prosecution. I am satisfied that the learned Divisional Special Judge duly applied his judicial mind into the facts and circumstances of the case and the evidence on record and rightly convicted the accused app..Category: Criminal Law | Date: | Hits: 40
Khadem Ali (Md) Vs. State, 2000, 29 CLC (HCD)
.... of in question. In the result, the Rule is made absolute and the delay 916 days in filing the revisional application is condoned. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 281. ...... prescribed period of limitation either in the Code of Criminal Procedure or in the Limitation Act for filling a revision, before this Court, the Court usually takes a lenient view in considering the question of delay in such a case. The learned Advocate further submits that the delay involved in th...... of in question. In the result, the Rule is made absolute and the delay 916 days in filing the revisional application is condoned. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 281. ..Category: Criminal Law | Date: | Hits: 32
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. ......ecorded under section 161 of the Code of Criminal Procedure were not actually recorded by the Investigating Officer but by another Officer who retired long before examination of those witnesses. This question is purely a question of fact. However, as the Rule was issued to ascertain the truth or oth......e of Criminal Procedure which were filed by the prosecution in the Court of Metropolitan Sessions Judge Dhaka on 16-7-1999 in Metropolitan Sessions Case No.7 of 1999 should not be expunged. 2. The facts relevant for the purpose of disposal of the Rule are as follows: In the above case Mr. Abdu..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. ......Land in favour of the petitioner which they are under an obligation 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 s......operties in LA Case No. 44 of 1959-60 not used for more than 10 years as recommended and directed by Ministry of Land in favour of the petitioner which they are under an obligation to do. 2. Short facts giving rise to the issuance of this Rule are as follows: The petitioners were the owners of..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.......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.......tly, accused appellant is entitled to acquittal as a matter of right. The learned Advocate further submits that the learned Sessions Judge also failed to consider the defence case in the light of the facts of the case and the attending circumstances of the case and, as such, the accused appellant is..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.......ound on behalf of the defendant to press the application. The application was however heard in presence of said opposite party and rejected by the learned Subordinate Judge being of the view that the question of limitation was a question of both facts and law, and could not be decided without eviden......s Rule was obtained by defendant No. 1 against an order dated 18-6-2000 of the Fifth Court of Subordinate Judge at Dhaka in Title Suit No. 158 of 1999, which refused to reject the plaint. 2. Short facts for disposal of the Rule are that on or about 4-8-99 opposite party No. 1 made an application ..Category: Procedural Law | Date: | Hits: 69
Moinuddin Ahmed alias Farook Vs. Khursheda Begum and others, 2001, 30 CLC (HCD)
....e in respect of one-third portion of schedule “Ka” property. The order of status quo earlier passed by this court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 354. ...... any more. Mr. Chowdhury also submits that the Courts below did not at all consider the issue as to whether the deed dated 25-8-77 was deed of gift or deed of Ochhiatnama and to decide the dispute in question it was required to examine the particulars of the property left by Alimuddin and also to ex......, Dhaka in Title Appeal No. 104 of 1998 reversing the judgment and decree dated 16-2-98 passed by the learned Additional Assistant Judge, Second Court, Dhaka in Title Suit No. 96 of 1995. 2. Brief facts for disposal of the Rule are that the opposite-party No. 1, as plaintiff, instituted the above..Category: Property Law | Date: | Hits: 32
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. ......produced, the learned Subordinate Judge allowed the same by the impugned order. 6. Mr. Md. Ismail, learned Advocate for petitioner, submits that in a suit for specific performance of contract only question for inquiry whether the contract in question is genuine or not and whether the plaintiff is......der dated 8-5-2000 passed by Subordinate Judge, 2nd Court at Noakhali in Title Suit No. 2 of 2000 which allowed the prayer of opposite party No. 1 for addition as a defendant in the suit. 2. Short facts for disposal of the Rule are that the petitioner as plaintiff on 11-1-2000 institute suit for ..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.......rt of his contention that under the provision of Industrial Relations Ordinance the Labour Court had no jurisdiction to determine what was the date of birth of the respondent No. 2 as it was purely a question of fact and referred to a decision, the case of Chairman, Power Development Board and other......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...Category: Labour and Industrial Law | Date: | Hits: 117
Amir Hossain Bhuiya (Md) Vs. Harisul Haq Bhuiya and others, 1999, 28 CLC (HCD)
....f receipt of the lower court records. Stay granted earlier by this Court is in vacated. Send down the lower Court records at once Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 267.......The aforesaid persons do not fall within the category of workers as defined in the Industrial Relations Ordinance, 1969 and the Employment of Labour (Standing Orders) Act, 1965. The voter’s list in question as published by the opposite parties vide their notification dated 13-7-1997 is illegal and......ely engaged counsel of opposite party No. 5, submits that the above citations have no manner of application as the circumstances that have given rise to these decisions are totally different from the facts and circumstances of the instant case. To bring the pesh Imam, a Muazzin, teachers of School a..Category: Labour and Industrial Law | Date: | Hits: 99
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