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Agrani Bank. Vs. Ansarul Hoque and ors, 2006, 35 CLC (AD)
.... Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs and the judgment and order passed by the High Court Division is set aside. Ed. ......o.2 Bank. That the petitioner presented order directing the respondent No. 1 to pay the certain sum of money under the Deposit Receipt above said, which the respondent Banker dishonoured by non-payment. Copy of the order are annexed herewith and marked A-1 and A-2." 3. The ...... Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs and the judgment and order passed by the High Court Division is set aside. Ed. ..Category: Banking Law | Date: | Hits: 101
Supreme Court of Bangladesh, Appellate Division, Dhaka Vs. Election Commission, 2006, 35 CLC (AD)
....pellate Division felt extremely uneasy over the care-free manner in which the learned counsel made the submissions. The Judges of the Appellate Division expect more circumspection undertaken on the part of the learned Counsel as a senior member of the Bar and the Court sound word of caution to h......Senior Member of the Bar and also as an Officer of this Court and we sound word of caution to him for the future. With the aforesaid observations, the Rule is disposed of. Ed. ......Senior Member of the Bar and also as an Officer of this Court and we sound word of caution to him for the future. With the aforesaid observations, the Rule is disposed of. Ed. ..Category: Election Law | Date: | Hits: 108
Rajdhani Unnayan Kartripakha Vs. Abdul Jakir and others, 2006, 35 CLC (AD)
....illegality in passing the judgments and therefore the judgment of the High Court Division does not call for interference. 19. We have considered the submissions made on behalf of the parties and perused the materials on record. 20. Admittedly, the plaintiff claimed t......d to the plaintiff by kabala dated 22-9-1994. Mubarak Miah went to tahsil office and came to know that the suit property was acquired in Land Acquisition Case No. 2/66-67 and it was alleged that no payment of compensation was made and the predecessor of the plaintiff did not receive any compensat......, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. Resultantly the suit stands dismissed. Parties do bear their respective costs. Ed. ..Category: Property Law | Date: | Hits: 51
Agrani Bank and other Vs. Essential Garments Ltd. and others, 2006, 35 CLC (AD)
....eration of the CIB report as well as directed the Bank to allow the writ petitioners to continue transaction with the Bank for 3 months. 12. The appellants have taken exception to the later part of the ad interim order i.e. directing the Bank to allow the writ petitioners i.e. the respond......nterim relief has virtually granting the whole relief sought in the writ petition. 9. The writ petitioners have challenged inclusion of their names in the CIB report being defaulter in the payment of loan received from the appellant Bank. It is seen from the materials on record that the ......on in Writ Petition No. 60 of 2000. 2. The writ petition was filed stating, inter alia, that the petitioners are involved in manufacturing and export of readymade garments and enjoying loan, overdraft and banking facilities from the appellant Bank, that they have filed Title Suit No..Category: Banking Law | Date: | Hits: 121
Fatema Khatun and others Vs. Abdul Quddus, 2006, 35 CLC (AD)
....on said Fatema Khatun having died her husband Habibur Rahman, two sons, one is of Babor Ali and the other is of Habibur Rahman, and a daughter of Babor Ali were impleaded as the pre-emptee opposite parties. 8. As against the judgment of the High Court Division Habibur Rahman and his......r Ali to his wife Fatema Khatun has been stated as” Bengali There is also recital in the kabala that the same has been executed for the purpose of discharging the obligation of payment of dower debt. 10. For our purpose provision of section 96(1) of the State Acquisit...... appeal. Accordingly, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 721. ..Category: Property Law | Date: | Hits: 55
Bangladesh Telecommunication Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
.... No. 1 in Civil Appeal No. 383, 385-387 of 2003 and respondent No. 10 in Civil Appeal No. 384 of 2003, submitted that the appeal is liable to be dismissed in view of the provisions of section 3(2) in particular the proviso thereof which provides that the 2001 Act shall apply to the following: (i) al......ment shall have the exclusive privilege of establishing, maintaining and working telegraphs: Provided that the Government may grant a licence, on such conditions and in consideration of such payments as it thinks fit, to any person to establish, maintain or work a Telegraph within any par......ns aforesaid, with the above observations the appeals are, accordingly, allowed without any order as to costs. The impugned judgment and orders of the High Court Division are hereby set aside. Ed. ..Category: Information Technology Law | Date: | Hits: 266
Yaor Mia (Md) and another Vs. Haji Shah Dhanai Ali and others, 2006, 35 CLC (AD)
.... others 58 CWN 1000; Mozaffar Ahmed Bepari vs Duar Ali and others 1 BLC (AD) 25. Lawyers Involved: Chowdhury Md. Jahangir, Advocate-on-Record— For the Appellants. Ex parte— The Respondent Nos. 1-2. Dispensed with— Respondent Nos. 3-12. C......which were not alive when PO No. 88 of 1972 was promulgated being transaction past and closed. In view of the above, the appeal is dismissed without any order as to costs. Ed. ...... the case stating, inter alia, that the case is not maintainable for pre-emption as the transaction was not out and out sale but on mortgage with condition to purchase. The respondent No. 2 took a loan of Taka 7,000 from the respondent No. 1 and 3 by mortgaging the case land and in turn executed..Category: Property Law | Date: | Hits: 71
Abdul Kader Vs. Secretary, Election Commission and others, 2006, 35 CLC (AD)
....f their duties." 8. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed Ed. ......ring for the petitioner, submitted that the respondent Nos. 2 and 3 illegally rejected the nomination paper of the petitioner as the petitioner ceased to be a defaulter on the date when down payment was accepted and the bank had assured time for six months more to repay his loan. The learn................Respondents Judgment October 23, 2005. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), Section 7(2)(g) The question of rescheduling of loan by a defaulter by the Bank does not find place in section 7 (2) (g) of the Ordinance. Conseque..Category: Election Law | Date: | Hits: 106
Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)
....ry period of three months required by section 80 CPC having not been allowed to the Appellant/added Defendant No. 4 to enable it to submit written statement and ultimately disposing of the suit ex parte. It is evidently wrong and not maintainable in law. In the interest of justice, the case mus......aka 3,000 in favour of the plaintiff-respondent No. 1 within two months from the date of receipt of this order by the trial Court, in default, this appeal shall stand dismissed. Ed. ......aka 3,000 in favour of the plaintiff-respondent No. 1 within two months from the date of receipt of this order by the trial Court, in default, this appeal shall stand dismissed. Ed. ..Category: Property Law | Date: | Hits: 66
State Vs. Abdur Rahim, 2006, 35 CLC (AD)
.... authority and the submission that the seized goods, subject matter of the offences alleged, cannot be ordered to be released till the conclusion of the proceeding nor such orders can be passed ex parte and the further submission that the High Court Division ought not to have given full relief t......erim bail was also granted to the respondent and the Collector (Commissioner) of Customs, Zia International Airport was directed to give delivery of 320 tolas of gold seized from the respondent on payment of usual customs duty as per rules within one week from the date of receipt of the copy of ......e of issuance of Rule in an application under section 498 of the Code of Criminal Procedure and hence the same requires interference. Accordingly, the appeal is allowed. Ed. ..Category: Criminal Law | Date: | Hits: 57
AHS Rahman Vs. State, 2006, 35 CLC (AD)
....of the Code of Criminal Procedure for quashing the proceeding; The High Court Division discharged the Rule with the observation as under: "It is not denied the police of the Anti-Corruption Department considered the alleged offences disclosed in the first information report to be a cognisab......irst information report that on the direction of accused No. 1 the consultancy fee of Tk. 12,22,000 and USD 20,370 was realised from the winning bidder World Tel Holding Ltd. as there was no fund for payment of consultancy fee. It was also stated that neither in the RFP nor any where also was it men......o that effect the charge-sheet has been submitted, we find no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 89
State Vs. Wasikur Rahman and other, 2005, 34 CLC (AD)
....ate................Appellant Vs. Wasikur Rahman and other.................Respondents Judgment November 15, 2005. The Code of Criminal Procedure, 1898 (V of 1898), section 417. Departure, contradiction and embellishment in the prosecution case creates doubts as to the prosecutio......n @ Mosfeq, son of Sk Atiar Rahman, Village-Basu Para Atim Khana Goli, PS Sonadangah, District-Khulna, be set at liberty at once, if not wanted in any other matter. This Case is also Reported in: ......n @ Mosfeq, son of Sk Atiar Rahman, Village-Basu Para Atim Khana Goli, PS Sonadangah, District-Khulna, be set at liberty at once, if not wanted in any other matter. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 67
Bangladesh Vs. Md. Idrish Miah, 2006, 35 CLC (AD)
.... Planning Officer on 1-3-1978 by a competitive examination through Public Service Commission. While he was serving as Thana Family Planning Officer at Bamna Upazilla under District of Barguna, a departmental proceeding was drawn up against him on 12-3-1988 under Government Servants Discipline an...... Appellate Tribunal observed that during the departmental proceeding the respondent was sent twice for training. It was further held that the respondent complied with the audit objection by making payment and the past services of the appellant were not considered in awarding the major penalty of......icer. 14. In view of our above discussion to find no merit in the appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: ..Category: Administrative Law | Date: | Hits: 112
Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
....ructed by B Hossain, Advocate-on-Record—For the Appellants. Mahbubur Rahman, Senior Advocate instructed by ASM Khaleque, Advocate-on-Record—For the Respondent No. 1. Ex-parte—Respondent Nos, 2 & 3. Civil Appeal No. 25 of 1999. (From the judg......cumstances lead to the inevitable conclusion that the vessel in question was carrying the huge quantity of unmanifested goods for attempted smuggling of the same inside Bangladesh, even without the payment of custom duties and taxes leviable thereon within the meaning of smuggling as contemplate...... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 96
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....was recording the statement of the witness under section 161 of the Code of Criminal Procedure. 13. It may be pointed out the settled principle of law is that the statement made by a particular witness and recorded by the Investigating Officer under section 161 of the C......in in her mind because of demand of dowry and torturing her in not meeting the demand of dowry. This circumstance is a negation of the contention of absence of any evidence as to torturing for non-payment of dowry. In material Exhibit 1C, the trial Court observed that there is evidence of......is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ..Category: Criminal Law | Date: | Hits: 59
Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
....rs, 53 DLR (AD) 55; 47 DLR (AD) 71. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by SR Khoshnabish, Advocate-on-Record— For the Appellant Ex parte—the Respondents. Civil Appeal No. 142 of 2002. (From the judgment an......r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ......r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 108
ASI Md. Ayub Ali Sardar and another Vs. State, 2005, 34 CLC (AD)
.... their official duties and, as such, we do not find any force in the submission of the learned Advocate as to applicability of section 197 of the Code regarding the two petitioners. 22. Before we part with, we like to observe that the two petitioners being members of the Police Establishment, th......their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13.......their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13...Category: Criminal Law | Date: | Hits: 78
Bijoy Kumar Chakroborty Vs. Md. Muzaffar Hossain , 2006, 35 CLC (AD)
....r section 4 the District Magistrate is made the licensing authority but under the proviso to the said section the Provincial Government can by notification constitute for the whole or any part of a Province such other authority as it may specify in the notification to be the licensing ......ph Act, 1918. 13. In that view of the matter, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. ......ph Act, 1918. 13. In that view of the matter, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 69
Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)
....vision that the Sale‑deeds were not "formally proved". These two observations give the impression that the Sale-deeds and connected documents were not produced at the time of trial, particularly when these documents were not marked as "exhibits" by the trial Court. The o......, PWs 3, 4, 5 and 8 stated that they heard PWs 1, 2, 7 and the late Upendra denying their execution of the Sale‑deed in presence of the accused-recipients; total absence of any evidence as to payment of any consideration for the Sale-deeds and the opinions of both Hand Writing Expert and F......ble. In the circumstances, we do not think it proper to interfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. ..Category: Criminal Law | Date: | Hits: 68
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....men." 11. The Republic shall be a democracy in which fundamental human rights and freedoms and respect for the dignity and worth of the human person shall be guaranteed, and in which effective participation by the people through their elected representatives in administration at all levels sh...... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ...... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ..Category: Constitutional Law | Date: | Hits: 655
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