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Bank of Credit & Com. (Overseas) Ltd now Eastern Bank Ltd Vs. Tajul I Chy & anr, 1993, 22 CLC (AD)
....cord -For the Appellant. Asrarul Hossain, Senior Advocate (Syed Amirul Islam, Advocate with him), instructed by Mvi. Md. Wahidullah, Advocate-on-Record - For the Respondent No. 1. Ex parte- Respondent No. 2. Civil Appeal No. 26 of 1991 (From the Judgmen......s to costs. The order of the Labour Court ‑termination of service of respondent No. 1‑will remain unaffected. Ed. This case is also reported in: 45 DLR (AD) (1993) 61 ......s to costs. The order of the Labour Court ‑termination of service of respondent No. 1‑will remain unaffected. Ed. This case is also reported in: 45 DLR (AD) (1993) 61 ..Category: Labour and Industrial Law | Date: | Hits: 100
Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
....an of the Dhaka Improvement Trust (DIT) (hereinafter referred to as the RAJUK, an acronym in Bangla for the Rajdhani Unnayan Kartripakhya) Major Kamrul Hasan, a former Member of the Land and Estate Department of the RAJUK, Abdus Sattar, a former Minister and one Abdus Sukur Pradhan. 3. The prosec......e proceeding to continue. There is no cause or occasion for an interference for the ends of justice. All the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 48 ......i‑storied building known as the Janata Tower was constructed thereon. Out of taka ten crores required for the construction of the building, Taka 3, 50, 00,000.00 was taken from the Uttara Bank as a loan and the same amount was found in his possession in his capacity as a public servant who failed ..Category: Anti-Corruption Laws | Date: | Hits: 302
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
....ists the right to revoke it would be in abeyance." 7. Ext. 1 reads as follows: “I do hereby authorise my husband Mr, AFM Naziruddin, Manager, Loan Department of your Bank to construct a building of land on my plot bearing No. 175 (New). Elephant R......is possession of that floor of the suit building were he is now residing with no right to transfer his possession. The respondent may recover possession there any time within one year from date on payment of Taka six lacs in default of which the appellant will have only the right to live in that......ilding was sanctioned in her name. The wife mortgaged the land to the Shilpa Bank of Bangladesh, the successor of the former Industrial Development Bank of Pakistan, for securing the house-building loan sanctioned by the Bank. All taxes, rates, etc. in respect of the building are assessed in her ..Category: Property Law | Date: | Hits: 80
Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)
.... the case land was attached and a receiver was appointed the appellant while still in actual physical possession filed a suit for permanent injunction in respect of the case land against the first party to the proceeding and the question is, whether the plaint is liable to be rejected on the gro......osecute the proceeding under section 145 Cr.P.C. The appeal is, therefore, allowed without any order as to costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 31 ......osecute the proceeding under section 145 Cr.P.C. The appeal is, therefore, allowed without any order as to costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 31 ..Category: Property Law | Date: | Hits: 81
Giasuddin Bhuiyan (Md) Vs. Chairman, Bangladesh Power Development Board & others, 1993, 22 CLC (AD)
....PS Kapasia, District Gazipur on 24.9.89 was illegal. 3. Material facts of the case as can be gathered from the clumsily written writ petition and other papers now submitted before us by the parties are, that whereas according to the appellant, who is the owner of the aforesaid rice mill,......g the date of electric connection from 5.5.1985. Admittedly, the appellant did not pay the said bill or any amount during the entire 1986. The PDB disconnected the electric line on 21.5.86 for non-payment of the electric bills but the appellant got the line re‑connected through his own mec...... bills due from him. There is thus no substance in this appeal which is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 29 ..Category: Criminal Law | Date: | Hits: 71
Islam Ali Mia alias Md. Islam Vs. Amal Chandra Mondal and another, 1993, 22 CLC (AD)
....thout proper accounting. The learned Judges, however, refused to quash the proceeding taking the view that denial of the transaction and violation of the terms of the implied agreement between the parties for payment of the dues might constitute offences which could better be examined on evidenc......r accounting. The learned Judges, however, refused to quash the proceeding taking the view that denial of the transaction and violation of the terms of the implied agreement between the parties for payment of the dues might constitute offences which could better be examined on evidence. 3.......Division is set aside, the application under section 561A Cr.P.C. is allowed and the proceeding in question is quashed. Ed. This case is also reported in: 45 DLR (AD) (1993) 27 ..Category: Criminal Law | Date: | Hits: 43
Shahabuddin Vs. Abu Sayed and others, 1993, 22 CLC (AD)
.... As, however, we find no ground for interference with the judgment of the High Court Division, the petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 22 ......t his knowledge. By order dated 11.5.87, the trial Court, although unable to take any firm decision as to the plaintiff s pleas, vacated the order dated 5.4.86 and restored the suit to its file on payment of Tk. 1000.00 as costs to defendant No, 1. 3. Defendant No. 1 unsuccessfully took a...... As, however, we find no ground for interference with the judgment of the High Court Division, the petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 22 ..Category: Property Law | Date: | Hits: 49
State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
.... is neither a case of mis-joinder of charges nor a case of trial without jurisdiction. The offence allegedly committed by the respondent is the offence of smuggling of gold into Bangladesh. Smuggling particularly of gold has been defined in the Special Powers Act and this definition is exactly the s......0 in default RI for 6 (six) months more. The respondent is directed to surrender to his bail bond forthwith and serve out the sentence. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 13. ......0 in default RI for 6 (six) months more. The respondent is directed to surrender to his bail bond forthwith and serve out the sentence. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 13. ..Category: Criminal Law | Date: | Hits: 132
AHM Siddique Vs. State, 1993, 22 CLC (AD)
...., Cr.P.C, under which the bail has been granted to the appellant, does not contemplate any such conditional bail; he has further contended that realisation of the fine imposed on the appellant as a part of his sentence upon conviction is not at all the business of the appellate Court since a sep...... Ahmed J: In this appeal by special leave the question is whether the impugned order of the High Court Division granting appellant bail pending disposal of his appeal but making it conditional upon payment of the entire fine of Taka 9,00,00.0.00 (nine lacs) is sustainable in law. 2. The a......the High Court Division but the condition for payment of the fine is disposal of his appeal before the High Court Division. Ed. This case is also reported in: 45 DLR (AD) (1993) 8 ..Category: Criminal Law | Date: | Hits: 44
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
.... Act) in view of the fact that Part V including section 96 thereof was brought into force in the area where the land was situated. Then on 23. 1.65 the respondent added certain persons as opposite parties, some of whom are co sharers of the holding and some others are owners of land contigu......red by limitation. In the result the appeal fails. The judgment and order of the High Court are affirmed. In the circumstances of the case there will be no order as to costs. Ed. ......red by limitation. In the result the appeal fails. The judgment and order of the High Court are affirmed. In the circumstances of the case there will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 60
Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)
....Delhi Treaty) which the appellant claimed, involved cession of Bangladesh territory was without lawful authority and of no legal effect. The declaration was sought with special reference to a part of what is known as Berubari Union No 12 and the adjacent enclaves that are under the administ......he same race or occupation. It is the fact, clearly established, of injury to the complainant—not to others—which justifies judicial intervention." ......he same race or occupation. It is the fact, clearly established, of injury to the complainant—not to others—which justifies judicial intervention." ..Category: Constitutional Law | Date: | Hits: 716
Begum Hamida w/o Abdul Hamid Vs. Abdul Hamid, 1974, 3 CLC (AD)
....ed the Sessions Judge under section 438 of the Code of Criminal Procedure for making a reference to the High Court for quashing the order. The Additional Sessions Judge, Dacca, who heard the parties on the aforesaid application refused to make the reference to the High Court. The re......tenance to the wife is affirmed. But the order so far as it affects the maintenance allowance of the four children is set aside and that of the Magistrate to that extent is restored. Ed. ......tenance to the wife is affirmed. But the order so far as it affects the maintenance allowance of the four children is set aside and that of the Magistrate to that extent is restored. Ed. ..Category: Family Law | Date: | Hits: 146
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
....nade, reported in A.I R. 1933, Bom. 105. It. therefore, follows that the question whether an order is a judicial one or an administrative one is to be decided on reference to the provisions of the particular statute under which the order is purported to have been passed. 11. The sche......e result, therefore, is that both the appeals are allowed and the orders passed by the High Court Division in Criminal Revision Case No. 264 of 1972 and 13 of 1973 are set aside Ed. ......e result, therefore, is that both the appeals are allowed and the orders passed by the High Court Division in Criminal Revision Case No. 264 of 1972 and 13 of 1973 are set aside Ed. ..Category: Criminal Law | Date: | Hits: 125
Halcyon Steamship Co., Inc., USA Vs. Govt. of Bangladesh, 1974, 3 CLC (AD)
....ication under section 34 of the Arbitration Act. 3. The suit is for realisation of Rs. 90,204/- as compensation for an alleged loss sustained by the plaintiff owing to damage caused to part of a consignment of wheat carried by a ship of the first defendant due, it is said, to the neg......er examine the question of the validity of the preliminary objection. For the reasons given earlier we find no merit in this appeal, which is dismissed with costs. Ed. ......er examine the question of the validity of the preliminary objection. For the reasons given earlier we find no merit in this appeal, which is dismissed with costs. Ed. ..Category: Civil Law | Date: | Hits: 110
Superintendent and Remembrancer of Legal Affairs, Govt of BD Vs. Jobed Ali & ors, 1974, 3 CLC (AD)
....rators Order, 1972 (President's Order No. 8 of 1972), hereinafter called the Collaborators Order on the allegation that they collaborated with the Pakistan occupation army by participation in a purported bye-election in which Emdadul Hoqe, the sole respondent in one ...... to its own directions or owing to continuance of custody under the second part of clause (2) of Article 16 of the Collaborators Order. The appeals are accordingly dismissed. Ed. ...... to its own directions or owing to continuance of custody under the second part of clause (2) of Article 16 of the Collaborators Order. The appeals are accordingly dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 39
State Vs. Ashraf Ali and others, 1994, 23 CLC (AD)
....went to that mill with some wood for splitting; the accused‑respondents‑Ashraf Ali, Paltu and Liakat Ali wanted to take the barks of the wood for using them as fuel in their picnic party. Kafi did not agree, whereupon they tried to take away the barks by force but became unsucce......ficant wood barks for picnic. In the result, we find no substance in this appeal, which is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 241 ......ficant wood barks for picnic. In the result, we find no substance in this appeal, which is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 241 ..Category: Criminal Law | Date: | Hits: 119
Abdus Sattar and others Vs. State, 1994, 23 CLC (AD)
....From the evidence on record, it can be very well said that the appellants were members of an unlawful assembly and in prosecution of the common object of that assembly to assault the complainant's party, offences like hurt, criminal trespass into the house of Sirajul Huq were committed. With reg......s dismissed in respect of appellant No. 1 Abdus Sattar and the appeal is allowed in part in respect of other appellants. Ed. This case is also reported in: 46 DLR (AD) (1994) 239 ......s dismissed in respect of appellant No. 1 Abdus Sattar and the appeal is allowed in part in respect of other appellants. Ed. This case is also reported in: 46 DLR (AD) (1994) 239 ..Category: Criminal Law | Date: | Hits: 56
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....e-Islami of the then East Pakistan in 1969. He was a permanent resident in Bangladesh on March 25, 1971 and he continued to be so resident on 22 November 1971 when he went to Lahore for attending his party's Central Working Committee meeting. As the war broke out between India and Pakistan he wanted......2B of the Order and the learned Attorney‑General having accepted the position, I refrain from saying anything on this score. Ed. This case is also Reported in: 46 DLR (AD) (1994) 192. ...... their properties before their departure for India, that they returned home from India within one or one and a half months after their departure and that after the return they repaid the agricultural loan which they had earlier taken, it was hold that "it cannot be said that the respondents left Pak..Category: Immigration and Citizenship Law | Date: | Hits: 522
Zahirul Islam Vs. National Bank Limited and others, 1993, 22 CLC (AD)
....al if the petitioner's remedy by way of appeal is not already barred. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in:46 DLR (AD) (1994) 191 ......r. Shamsul Haque Siddique, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 359 of 1991. Judgment Mustafa Kamal J.- The petitioner was a guarantor for the repayment of a loan taken from respondent No. 1 National Bank Ltd. by respondent No. 2 New Sonali Garm...... Haque Siddique, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 359 of 1991. Judgment Mustafa Kamal J.- The petitioner was a guarantor for the repayment of a loan taken from respondent No. 1 National Bank Ltd. by respondent No. 2 New Sonali Garments (Pvt) Lt..Category: Civil Law | Date: | Hits: 139
Rupali Bank Ltd. Vs. Tobacco Industries Ltd. and others , 1994, 23 CLC (AD)
....ut, on an application by the said directors-defendants, their names were struck off by the Subordinate Judge, by an order dated 12 June, 1990, and in their place some other persons, namely opposite parties Nos. 7-11, were impleaded as defendants. This order was sought to be reviewed by the petit......petitioner bank, which should better take action against its own wrong doers, if any. The Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 190 ......r. 2. Mr. Shaheed Alam, learned Advocate for the Petitioner, has submitted that exclusion of the Directors who had given guarantee "both collectively and severally" for the Bank's loan, seriously prejudiced the petitioner-bank's Suit and that to do "complete Justice" t..Category: Banking Law | Date: | Hits: 106
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