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Md. Farid Uddin Ahmed Vs. Atahar Uddin and another, 2005, 34 CLC (HCD)
.... Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 186. ......f Islami Bank Bangladesh Limited, Narayanganj Branch in capacity as manager and officer-in-charge of the investment division respectively since 26.12.1984 to 12.10.1987 collusively caused mischief amounting to TK. 4,04,99,052/- of the bank by violating the foreign investment Rules, instructions,......d payment category took delivery of the goods from the bank's godown by furnishing undertaking and bank guarantee, they subsequently made payment with the bank and they did never misappropriate any money by criminal breach of trust and misconduct. 7. In course of trial the complainant exami..Category: Criminal Law | Date: 2 May, 2005 | Hits: 2
Md. Abdur Rahman Faroque Vs. Md. Shamsul Hoque and another , 2005, 34 CLC (AD)
....he background of the discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 181. ......mpliance with the judgment as the court may, on a previous application made by him in this behalf, have directed" were added so that the judgment-debtor may have an option to deposit in the court the amount due from him under the decree or in the alternative may provide security, that at that time i......t side the jurisdiction of the S.C.C. court and therefore this alternative provision of providing security for the performance of the decree or compliance with the judgment exclusively applied to the money decree and the security bond or the liability or the surety were all in respect of money decre..Category: Civil Law | Date: 2 May, 2005 | Hits: 119
Montu and others Vs. State, 2005, 34 CLC (HCD)
....n dated 23‑5‑2004 passed by the learned Magistrate, First Class, Tangail is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 504. ......learly shows that the accused petitioners demanded subscription from the informant Saiful Islam and from his nephew Shibli Sadik, and his nephew victim Shibli Sadik who on his refusal to pay the amount demanded by the accused‑petitioners who created terror and panic being armed with deadly we......t has been stated that whoever shows fear or illegal force to any person or shows fear or applies illegal force to any person, statutory body or any organisation for getting subscription, help or any money and materials or wilfully damages and destroys moveable and immoveable property of party or jo..Category: Criminal Law | Date: 20 Apr, 2005 | Hits: 1
Sohel Rana (Md.) Sohel Rana (Md.) Vs. State, 2005, 34 CLC (HCD)
....or information and necessary action. Send down the lower Tribunal records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 591. ......t for life and to a fine of Taka 50,000 in default of payment of fine to rigorous imprisonment for further one year. 2. It was further ordered for payment of a sum of Taka 40,000 out of the fine amount of Taka 50,000 to the victim informant by sale of movable and immovable property of the jail ......or information and necessary action. Send down the lower Tribunal records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 591. ..Category: Criminal Law, Women and Children | Date: 19 Apr, 2005 | Hits: 1
Rafiqul Islam Mollah (Md.) Vs. State, 2005, 34 CLC (HCD)
....ted and the accused appellant is sentenced to suffer imprisonment for life for the offence under section 302 of the Penal Code. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 581. ......ted and the accused appellant is sentenced to suffer imprisonment for life for the offence under section 302 of the Penal Code. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 581. ......ses and he would depend on the earning of his wife Salma which resulted in strained relationship between them. He further says that the accused very often would create pressure on the victim to bring money from her father. He further says that the accused was not found in his house on the date of oc..Category: Criminal Law | Date: 19 Apr, 2005 | Hits: 6
Sultan Ahmed & another Vs. Government of Bangladesh and others, 2005, 34 CLC, (HCD)
....f stay passed in Writ Petition No.8269 of 2002 is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 560. ......pended local, NWD and ISD calls and as a result, in the subsequent 16 months, the petitioner only paid the line-rent as he received incoming calls. From September, 1999 to December, 2000, the maximum amount to be paid on account of the bill was Taka 182. On 8‑5‑2001, respondent No.7 sent a bill ...... he made an application for telephone at his residence under Gulshan Digital Telephone Exchange. Accordingly, on 10‑9‑1999 a demand note was issued in the name of the petitioner who deposited the money as stated therein. The respondents installed a telephone being No.883672 at the residence of t..Category: Information Technology Law | Date: 12 Apr, 2005 | Hits: 4
Ismail Hussain Posshari & anr Vs. District Land Acquisition Officer, Bogra & ors., 2006, 35 CLC (AD)
....eing barred by limitation. In view of the opinion expressed hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. ......is the case of the appellants that although they are the owners of the land so acquired but award has not been prepared in their names, that they approached the authority on March 18, 1993 to pay the amount so assessed in respect of the acquired land but the authority directed the appellants to get ......1994 and the other on April 5, 1994 for payment of compensation to them, that after obtaining decree in other class suit No. 65 of 1995 the petitioners filed application on April 26, 1997 but awarded money was not paid to them as "petitioners names were not in government record and in the revenue re..Category: Property Law | Date: 28 Mar, 2005 | Hits: 64
Bangladesh rep. by Sec., Ministry of Works Vs. Mojibur Rahman and others, 2005, 34 CLC (AD)
.... the argument advanced by Mr. B Hossain and accordingly, the appeal is dismissed without any order as to costs and the judgment and order passed by the High Court Division is affirmed. Ed. ......ontract on 10-9-1969. In terms of the agreement the plaintiff will set apart Taka 16,000 for repayment of loan taken from the House Building Finance Corporation and pay Taka 59,000 i.e. the remaining amount to the seller who will deliver possession of the property within seven days of the conclusion...... the argument advanced by Mr. B Hossain and accordingly, the appeal is dismissed without any order as to costs and the judgment and order passed by the High Court Division is affirmed. Ed. ..Category: Property Law | Date: 27 Mar, 2005 | Hits: 101
Saber Hossain Chowdhury Vs. Bangladesh Election Commission and others, 2005, 34 CLC (AD)
....ence. As such this appeal must succeed. In the result, the appeal is allowed without any order as to costs. The findings and decisions of the learned Single Judge are set aside. Ed. ...... of 1972) Article 49(4) At the time of presenting an election petition with the High Court Division deposit of Taka 2000 as security is mandatory. The petitioner deposited the amount through lawyer in due time. Such deposit in the manner is lawful. Deposit of the amount per......purbok shongslisto court e uposthapon kara jaibe.” 9. There is also no denial that the appellant deposited the amount through his learned Advocate and the pay-in slip depositing the money was also signed by the appellant himself. The High Court Division after considering various ru..Category: Election Law | Date: 22 Mar, 2005 | Hits: 123
Ali Hossen @ Ali & another Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....ecord the materials recovered from the appellant do not attract the mischief of the Arms Act, 1978 and the alleged offence could not have been taken cognizance of by the Special Tribunal. As such the whole trial and the order of conviction and sentence passed by the Special Tribunal were without jur......risonment for 10 years is set aside and/or struck down. The petitioners be set at liberty forthwith, if not wanted in any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2006) 1. ......n application for certified copy was filed by the tadbirkar of the petitioner on 1.9.02 and the certified copy was delivered on 25.9.02 but the petitioners being very poor could not collect requisite money to prefer an appeal within 30 days as prescribed by law. Having no other efficacious remedy th..Category: Criminal Law | Date: 20 Mar, 2005 | Hits: 71
Anil Chandra Paul Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)
....raised herein are required to be answered at this moment. With the above observations this reference application is disposed of. Ed. This Case is also Reported in: 57 DLR (2005) 756. ......through the Postal Department upon the addressees and non‑compliance of conditions of letters of the learned (Sic) Deputy Commissioner of Taxes, Circle‑18, Zone3, Chittagong did not tantamount to nonexistence of the person/addresses and whether the Taxes Appellate Tribunal, Chitta......ncome before re‑opening the case. But in this case the Deputy Commissioner of Taxes had no definite information before him that the assessee applicant is found to be the owner of the said amount of money and, as such, obtaining approval of the Inspecting Joint Commissioner of Taxes before re‑ope..Category: Fiscal/Taxation Law | Date: 19 Mar, 2005 | Hits: 4
Abdul Latif Hawlader Vs. Sultan Miah and others, 2005, 34 CLC (HCD)
....r Assistant Judge (in charge), Gopalganj Sadar, Gopalganj in Title Suit No.120 of 1997 are hereby set aside. Ed. This Case is also Reported in: 57 DLR (2005) 574. ....... The defendant No.1 lives with her husband in Khulna and off and on she used to visit the village home. Subsequently, the defendant No.1 was requested on different occasions to receive the remaining amount of consideration money and to execute and register the kabala in favour of the plaintiff but ......xecute and register the kabala deed in favour of the plaintiff. Since then the plaintiff has been enjoying and possessing the suit land by creating hut thereupon. At the time of receiving the advance money the defendant No.1 delivered the sub‑kabala deed of the suit land to the plaintiff. The defe..Category: Tenancy Law | Date: 15 Mar, 2005 | Hits: 3
Abdul Halim Gazi and others Vs. Afzal Hossain & ors., 2005, 34 CLC (AD)
....ected against the judgment and order dated 1st August 2004 passed in Writ Petition No. 2004 making the rule absolute declaring that the election of the Jhalakathi Pouroshova has been vitiated as a whole and consequently canceling the Gazette notification declaring the appellant as elected to the......made above we find substance in these appeals. In the result both the appeals are allowed without any order as to costs. The impugned judgment and order complained of are set aside. Ed. ......ling nomination papers, he was disqualified to participate in the process of election. Disqualification requires no evidence to settle. The fact that bank instituted suits for realization of loan money is enough to hold respondent No.7 is a bank loan defaulter and since the suits have been fil..Category: Election Law | Date: 15 Mar, 2005 | Hits: 168
Star Jute Mills Ltd. Vs. Chairman Labour Court, Khulna and others, 2005, 34 CLC (AD)
....ts and circumstances of the case, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petitions are dismissed. Ed. This Case is also Reported in: ......thereafter terminated the services of respondents No. 2-9 on 28-3-2000 under section 19(1) of the said Act with all termination benefits. The said termination orders were not a simple termination and amounts to dismissal from service. The management terminated their services to harm and damage the r......ts and circumstances of the case, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petitions are dismissed. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: 12 Mar, 2005 | Hits: 110
AK Fazlul Hoque Vs. Secretary, Ministry of Housing and Works and others, 2005, 34 CLC (HCD)
....ed initially, and to submit affidavit of compliance as to service to this Court within two weeks. Ed. This Case is also Reported in: 57 DLR (2005) 725. ......evidenced by Annexure-A to the writ petition, and that the petitioner after his retirement on 19‑2‑1995 submitted an application on 9‑7‑1995 for payment of his pension and 80% of the gratuity amount and said application was submitted to the respondent No.2, who, in turn, sent the same to the......nse sufferings, both financially and socially, to the petitioner and hence liable to pay compensation therefore. However, such sufferings of the petitioner cannot be equated or fully compensated with money Accordingly, we fix Taka 2500 as token compensation amount to be paid to the petitioner by eac..Category: Employment/Service Law | Date: 8 Mar, 2005 | Hits: 2
Mizanur Rahman (Md.) Vs. Commissioner of Customs and others, 2005, 34 CLC (HCD)
....ed to assess the consignment in question on the basis of the invoice price in accordance with law. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 510. ......0,000 is also illegal and without jurisdiction inasmuch as SRO No.316 dated 19‑9‑1999 is repealed by SRO No.255 dated 19‑9-2003. Therefore, the respondents have no authority to realise the same amount from the petitioner. In view of our aforesaid discussion, we find substance and force in the ......ed to assess the consignment in question on the basis of the invoice price in accordance with law. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 510. ..Category: Fiscal/Taxation Law | Date: 6 Mar, 2005 | Hits: 1
.... both the
aforesaid rules. Both the rules are therefore discharged without any order as
to costs.
Send down the L.C.R.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 75.
...... both the
aforesaid rules. Both the rules are therefore discharged without any order as
to costs.
Send down the L.C.R.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 75.
...... both the
aforesaid rules. Both the rules are therefore discharged without any order as
to costs.
Send down the L.C.R.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 75.
..
Category: Property Law | Date: 23 Feb, 2005 | Hits: 5
M/s. Shanker Kumar Das Vs. Government of Bangladesh and 6 others, 2005, 34 CLC (HCD)
....pleting the work was fixed for 30 days from the date of work order (Annexure-A). 3. According to the allotment letter contained in Memo No. Fund-1/84-761(3) Pra:Pra:dated 7.8.2002 (Annexure-B) the whole project of South-west Zone 36 Feeder Sarak Nirman (ADP-31) in which petitioner's work falls th......six crores) for the total 36 sub-projects and the petitioner's project No.26 got Tk. 10,00,000/- (ten lacs) (Annexure-B). In due course, the petitioner completed his work and the money payable to him amounted to about Tk. 30,00,000/- (thirty lacs) with excess works, whereas the Road Division, Dhaka,......l Tk. 6,00,00,000/- (six crores) for the total 36 sub-projects and the petitioner's project No.26 got Tk. 10,00,000/- (ten lacs) (Annexure-B). In due course, the petitioner completed his work and the money payable to him amounted to about Tk. 30,00,000/- (thirty lacs) with excess works, whereas the ..Category: Civil Law | Date: 23 Feb, 2005 | Hits: 31
....ion an application must allege that "affairs of the company" being conducted in an oppressive, unfairly prejudicial, or unfairly discriminatory manner or contrary to the interests of the members as a whole; the expression "affairs of the company" is widely defined in section 53 of the Act, in relati...... the respondent No. 1 was subscriber of 625 shares, which is equivalent to 12.5% of the paid up capital of the company, and became one of the first directors of the company but he having not paid any amount against the above shares, no share certificates were issued in his favour against those share......ons were carried out through the aforesaid account (Annexure-C, C-1, C-2 and C-3 of the application) and the appellant No.2 started misappropriation of funds and refused to provide any account of the money received from the customers of the company and to cover the wrongdoings he, in collusion with ..
Category: Company Law | Date: 22 Feb, 2005 | Hits: 364
Siraj Miah Vs. Mohammad Miah and others, 2005, CLC (HCD)
....t No.91 of 1977 renumbered as Title Suit No.52 of 1986 is hereby upheld. Send down the Lower Courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 356. ......t No.91 of 1977 renumbered as Title Suit No.52 of 1986 is hereby upheld. Send down the Lower Courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 356. ......ance and they were in enjoyment of their right, title and possession of the same. The defendant Nos.1 to 3 by acceptance of part payment of Taka 3,500 from one Mohammad Miah out of consideration money of Taka 4,000 executed a Bainapatra for sale for 81 decimals of land on 3‑10-1971 and h..Category: Property Law | Date: 7 Feb, 2005 | Hits: 2
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