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State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two
....power we as judges can tap is the respect of the people." It is undeniable that the Courts are acting for the people who have reposed confidence in them. That is why Lord Denning said, "Justice is rooted in confidence, and confidence is destroyed when the right-minded go away thinking that the J......ected to pay the fine within two months, in default, to undergo simple imprisonment for a period of two days only and therefore we convict and sentence her accordingly. 151. Now we come to the case of HM Ershad, the Ex-Army Chief and the former president of Bangladesh, who was convicted in a..Category: Criminal Law | Date: | Hits: 130
Mohshinul Islam Vs. Rajdhani Unnayan Kartripakkha and others, 1999, 28 CLC (HCD)
....esult, both the Rules are made absolute in part without any order as to cost with the above declaration and direction. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 12. ......ore parting we like to refer to certain decisions referred to by the petitioner in support of contention that open space in a residential area is necessary for the sake of healthy environment. In the case of Giasuddin vs. Dhaka Municipal Corporations reported in 17 BLD 577 49 DLR 199 a Division Benc..Category: Property Law | Date: | Hits: 55
Shah Alam Patwari (Md) Vs. Md. Siddiqur Rahman Bhuiyan and others, 2001, 30 CLC (HCD)
....f status quo granted at the time of issue of the above Rule on 24-06-2001 is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (2001) 390. ......also rejected. 4. The election-petitioner then took an appeal therefrom to the District Judge at Comilla. The appeal was heard and allowed. The order of the Election Tribunal was set aside and the case was sent back on remand to the Election Tribunal with a direction for fresh decision after reco..Category: Election Law | Date: | Hits: 79
National Sports Council Vs. A Latif and Company, 2001, 30 CLC (HCD)
....rty made under section 8(2) of the Arbitration Act is rejected. Order of stay granted at the time of issue of the Rule is hereby re-called. Ed. This Case is also Reported in: 53 DLR (2001) 386. ......actor, made an application under section 8(2) of the Arbitration Act, 1940, hereinafter referred to as the Act, for appointment of arbitrators for each of parties under clause 50 of the contract. His case, in short, is that the was awarded the contract for construction of office-hostel building of t..Category: Alternative Dispute Resolution | Date: | Hits: 186
Resource International Vs. MV Sargodha and others, 2001, 30 CLC (HCD)
....sted by this Court due to the default of the defendants and consequently, the counter-claim is not entertainable and the same is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 381. ......ry and or late delivery of cargo. The amended claim is for the aforesaid amount for damages and compensation under different heads as detailed in paragraph 6(c) of the plaint. 2. The plaintiff’s case, in brief, is that the plaintiff is the importer of rice and other goods. The defendants Nos.1-..Category: Admiralty Law or Maritime Law | Date: | Hits: 214
....n the above facts and circumstances we find no merit in this Rule.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 7....... Prime Minister and the State Minister for remedy (vide Annexure-J). In spite the same respondents published notice inviting fit bids in newspapers on 9- 10-98 and 10-10-98 (vide Annexure-K). Further case of the petitioner is that respondents having given assurance to the petitioner and the petition..
Category: Civil Law | Date: | Hits: 92
Narayan Chandra Saha and another Vs. Jatindra Chandra Saha and others, 1999, 28 CLC (HCD)
....anted by this court at the time of issue of the Rule hereby stands vacated. Let the appeal be heard and disposed of as early as possible. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 5.......earing may be adjourned, the appellant shall be heard in support of appeal. 2. The Court shall then, if it does not dismiss the appeal at once, hear the respondent against the appeal, and in such, case the appellant shall be entitled to reply.” 7. On plain reading of provisions of rule 12, i..Category: Procedural Law | Date: | Hits: 66
....ot been tendered within the provision of section 7 of the Artha Rin Adalat Ain. The Petition of Appeal is therefore rejected summarily.
Ed.
This case is also Reported in: 52 DLR (HCD) (2000) 4.
......construed as 50% of the decretal amount as according to the learned Advocate this Bank-guarantee is as good as cash money and in support of his submission Moulavi Md Wahidullah placed reliance in the case of Uttara Bank vs Macneil Kilburn Ltd and Ors, reported in 1981 BLD (AD) 230=33 DLR (AD) 298 an..
Category: Banking Law | Date: | Hits: 108
Anwar Karim and others Vs. Bangladesh Bank and others, 1999, 28 CLC (HCD)
....lity of respondent No. 5 under the borrower code No.9187 is declared to have been made without lawful authority and of no legal effect. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 1. ......low any loan facility in favour of any such defaulting borrower. Notwithstanding anything contained in any other law for the time being in force creditor bank company or financial institution, as the case may be, shall file suit according to the law in force against the defaulting borrower. 6. Fr..Category: Banking Law | Date: | Hits: 121
Oram Limited Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka, 2000, 29 CLC (HCD)
....28,688.00 for the period from August, 1995 to May, 1997 are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 53 DLR (2001) 373. ......essing and paying VAT on the basis of the price thus declared by the petitioner in 1991 as per Rule 3(1) of the VAT Rules, 1991. Rule 3(2) of the VAT Rules, 1991 permits the registered person in this case the petitioner to submit a new declaration on the basis of the price if the registered person (..Category: Fiscal/Taxation Law | Date: | Hits: 91
....wn a copy of this judgment to the learned District Judge, Kurigram and Deputy Commissioner, Kurigram for taking necessary action accordingly.
Ed.
This Case is also Reported in: 53 DLR (2001) 365.......cation for certified copies was filed on 2-11-97, the certified copy was ready for delivery on 1-12-97; the certified copies along with necessary papers were sent to the Solicitor Wing on 2-6-98, the case was sent to the Attorney-General office on 18-8-98; after obtaining explanation of delay from t..
Category: Procedural Law | Date: | Hits: 88
Abdur Rahman and others Vs. Md Shamsul Huq and others, 2000, 29 CLC (HCD)
....ept on emergent ground. The office is directed to send a copy of the order at once to the Court of the learned District Judge, Mymensingh. Ed. This Case is also Reported in: 53 DLR (2001) 364.......e cause of justice. According to Mr. Mahbub Ali devise taken by the defendants may not be encouraged in as much as they allowed the appeal to be dismissed for default and then filed the miscellaneous case for re-admission of the appeal and in the said Miscellaneous Case made a prayer for amendment i..Category: Procedural Law | Date: | Hits: 86
Meghna Petroleum Marketing Co. Ltd. and others Vs. MF Limited and others, 2001, 30 CLC (HCD)
....No.274 of 1980 stands dismissed. The parties are directed to bear their respective costs although. Sand down the LC Record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 368.......ing the provisional amount of Taka 5(five) lac according to the accounting, calculation and assessment to be made in term of the preliminary decree. 10. Before the learned lower Court to prove the case of the plaintiffs they adduced evidence of only one PW namely Khan Nuruzzaman, father-in-law of..Category: Fiscal/Taxation Law | Date: | Hits: 91
Md. Rana Vs. State, 2010, 39 CLC (AD)
....n behalf of the petitioner merits no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 629, 15 MLR (AD) (2010) 173, VIII ADC (2011) 899.......nt for a period of 10 (ten) years and also to fine an amount of Tk. 10,000/-, in default to suffer rigorous imprisonment for a further period of 1 (one) year more. 2. The facts of the prosecution case, in brief, are that while Md. Asaduzzaman and Md. Shafiqul Islam were returning home at about 2..Category: Criminal Law | Date: | Hits: 39
Md. Tariqul Islam Vs. State, 2009, 38 CLC (AD)
....r arrived at a correct decision which does not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 626.......rigorous imprisonment for 3 (three) months in Nari-O-Shishu Case No. 129 of 2008 arising out of Nababganj Thana Case No.7 dated 11.02.2008 corresponding to G.R. No.18 of 2008. 2. The prosecution case, in brief, is that on 1.02.2008 at about 1.00 p.m. the informant Hamidur Rahman (P.W.1) having ..Category: Criminal Law | Date: | Hits: 56
Md. Mansur Rahman Vs. Abdul Mannan Sardar and others, 2009, 38 CLC (AD)
....ly. In the facts and circumstances of the case, we do not find any merit in the application. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 623.......on of the Executing Court an auction-sale notice for sale of the mortgaged property was published in two daily newspapers and the judgment debtor-petitioner hereof entered appearance in the execution case on 08.08.2005 and prayed for adjournment of the sale with a plea of compromise and that the..Category: Civil Law | Date: | Hits: 79
Haji Nurul Islam Vs. Maina Miah and others, 2010, 39 CLC (AD)
....rder passed by the High Court Division and hence we do not find any merit in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 620. ......rder passed by the High Court Division and hence we do not find any merit in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 620. ..Category: Others | Date: | Hits: 74
Abdur Rashid alias Abdur Rasheed Vs. Judge, Artha Rin Adalat No.1, Chittagong, 2009, 38 CLC (AD)
..... We find that the High Court Division committed no illegality in discharging the Rule. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 611.......96 of 2003 under Section 34 of the Ain with a prayer for warrant of arrest for civil jail against judgment debtor No. 2 allegedly for not appearing in the court despite having notice of the execution case. 7. The Artha Rin Adalat allowed the application of the decree holder-bank and thereafter ..Category: Civil Law | Date: | Hits: 77
Md. Alimuddin and others Vs. Alhaj Md. Abu Daud, 2010, 39 CLC (AD)
.... rightly held that there was no illegality in decreeing the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 608. ......st Court, Gazipur praying for decree of permanent injunction. The defendant-petitioners appeared before the trial court and contested the suit by filing written statement. 3. The plaintiff’s case, in brief, is that Kefatullah and Esamuddin were the owners of the suit land including other ..Category: Property Law | Date: | Hits: 36
Amal Chandra Dhupi @ Das and others Vs. Lakshan Chandra Das and others, 2010, 39 CLC (AD)
....s." The security of Tk. 1000/- is to be deposited within one month. The preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 605.......e of 2.385 acres of land appertaining to S.A. khatian Nos. 635 and 629, corresponding to R.S. khatian Nos. 31 and 418 of mouja Kaunia respectively as described in the schedule to the plaint. Plaint case in short is that the suit lands appertaining to C.S. khatian No. 8 under khebot No. 248 were eq..Category: Property Law | Date: | Hits: 27
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