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Obaidul Kader (Md.) Vs. State, 2011, 40 CLC (HCD)
....Commission and such absurdity would be clear from the provisions of section 31 of the ACC Act, 2004 that allows indemnity to the ACC and to its employees only in respect of the acts and deeds done in good faith i.e. “সরল বিশ্বাসেকৃত কাজকর্ম” not ......ur Rahman has not been implicated in the FIR or in the charge sheet, nor ACC has accorded any sanction to submit charge sheet against him. This aspect of the case, as apparent on the face of the record, clearly shows that the impugned proceedings has been initiated only to harass the petitioner....... The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 425. ..Category: Anti-Corruption Laws | Date: 11 May, 2011 | Hits: 223
Rupali Bank Ltd. Vs. Sree Babu Jiban Kumer Shaha, 2011, 40 CLC (HCD)
....the bank. He denied the suggestion that he was not entitled to get exemption of interest and installments for payment of the loan amount. In cross examination this witness stated that he used to keep goods in his shop which was valued at taka 10/15 thousand. After taking loan he became ill. He furth......He denied the suggestion that since the defendant was his close person he deposed falsely. 9. After consideration of the evidence adduced by the P.W. and D.Ws. and considering other materials on record particularly the loan sanction letters and other relevant materials the learned Judge, Artha ......aintiff. Send down the lower court records along with a copy of this judgment immediately to the court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 11 May, 2011 | Hits: 210
Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)
.... cause of action. From the actions and conduct of the plaintiff it is abundantly clear that she, with a malafide intention filed the present suit to harass the defendants and cause damage to the goodwill of the bank. 6. The defendant No.7 submitted a written statement contending inter alia...... a share certificate bearing No. 02401 was issued by the Bank and received by the plaintiff on 18-12-1985. The bank sent dividends for the years 1986-1988 to the plaintiff at her address as given and recorded in the Register of Shares. (ii) That the current ownership of the shares, however, is ......aside. The suit is dismissed, however without any Order as to costs. Send down the records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 11. ..Category: Company Law, Procedural Law | Date: 8 May, 2011 | Hits: 9
Kyung Hae Maritime Co. Ltd. and others Vs. M.V. BF Glory and others, 2011, 40 CLC (HCD)
....the terms and condition of the agreement, the plaintiff is to manage the defendant No. 1 vessel and consequently authorised to make supply of bunker and all necessaries including supply of electrical goods payment of seamen’s, wages, marine discharge and marine consultation and all kinds of incomi...... of the vessel and although at the time of making deposition the original copy of the power of Attorney was not available, later the same has been brought from the court’s registry and filed in the record prior to which a photocopy of the same was made exhibit. Therefore the D.W. 1 had the authori......ndant No.1 vessel through POS electric engineering company and supplied necessaries of electrical items as per list dated 23-10-2008 for the period of 7-10-2008 to 23-10-2008. The plaintiff also made services as per service report to the defendant No.1 vessel by the order of the disponent owner/char..Category: Admiralty Law or Maritime Law | Date: 4 May, 2011 | Hits: 70
Hossain Md. Rajib Vs. State, 2011, 40 CLC (HCD)
....-3-2010 and allow the appeal. With this observation the appeal is allowed and the ad interim bail granted earlier is affirmed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 447....... Sessions Judge has no scope to reassess the same merit except the question of misuse of privilege of bail by accused persons during trial. 15. After thorough consideration of the materials on record and the propriety of the impugned order, we are inclined to set aside the impugned order date......-3-2010 and allow the appeal. With this observation the appeal is allowed and the ad interim bail granted earlier is affirmed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 447...Category: Women and Children | Date: 2 May, 2011 | Hits: 171
M/S. Ace Traders Vs. M. V. DIJENDRALAL and Others, 2011, 40 CLC (HCD)
....nsurance Company Limited issued insurance policy on 13-6-1993 covering the risk under the Institute Cargo Clause C & D OR and SRCC Clause. The plaintiff while anxiously waiting for arrival of the goods under the aforesaid L/C, neither received within reasonable period any information of shipment...... to defendant No.8 immediately for retirement of the shipping documents and engaged his clearing and forwarding agent M/S. Basundhara, for taking all information about the goods not being a matter of record is impliedly denied by the defendant No. 8. The defendant No. 8 was not negligent in their di......es Insurance Company Limited on contest and also against the defendant Nos.1, 2, 3, 5, 7, 9 and 10 ex parte. However, there shall be no order as to costs. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: 27 Apr, 2011 | Hits: 64
National Board of Revenue and others Vs. Lt. Col. Kazi Shahid Ahmed (Retd.), 2011, 40 CLC (AD)
....t petition). By another memo dated 19-05-1996, the appellant No.5, imposed a bar of section 56 (Ga) of the VAT Act upon the company, asking the respondent No.1 not to make any supply of any goods without prior permission from him (Annexure-G to the writ petition). But on his prayer dated 2...... Court Division in Writ Petition No.1953 of 1996, is set-aside and the appeal is allowed, however, without any order as to cost. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 119. ......ারের উপযোগী হয়; ........................... 9. On the other hand, a construction company is defined in the second schedule to the Act under the heading S004 with the service code S00400 as follows: — “নির্মাণ সংস্থাঃ ..Category: Fiscal/Taxation Law | Date: 26 Apr, 2011 | Hits: 217
A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
....on 5.1.1991; it was prepared after fourteen days from taking over the charge by new Officer-in-charge. He did not examine the appellant and did not know who was assigned for loading and unloading the goods. The shortage was detected in godown No.3 as well. He also stated that in an earlier proceedin......ence, and subsequently obtained bail from this Court. 6. Mr. Abu Taher Md. Saifur Rahman, learned Advocate appearing for the appellant after taking us through the ejahar, charge sheet, evidence on records and the impugned judgment submits that in the present case, the trial Judge proceeded on ass......side. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 25 Apr, 2011 | Hits: 200
Anwar Cement Limited and others Vs. Bangladesh Bank and other, 2011, 40 CLC (HCD)
....fore, the rule is disposed of with the above observations without any order as to costs. The order of stay stands vacated. Md. Abu Zafar Siddique J.- I agree. This Case is also Reported in: ......has no objection if the rule is disposed of with the observations as prayed for by Mr. Aminuddin. 9. We have examined the writ petition, the affidavits-in-opposition and the connected materials on record. 10. It has been admitted by respondent Nos.2 and 4 that the petitioners were/are not show......fore, the rule is disposed of with the above observations without any order as to costs. The order of stay stands vacated. Md. Abu Zafar Siddique J.- I agree. This Case is also Reported in: ..Category: Banking Law | Date: 24 Apr, 2011 | Hits: 363
Altaf Hossain and another Vs. State, 2011, 40 CLC (HCD)
....o.89 of 1995 is hereby set aside. The appellants are released from their bail bonds. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ......passed the judgment and order of conviction and sentence. 8. In order to appreciate the submission of the learned Assistant Attorney General, let us examine the evidence and other materials on records. P.W.1, the informant Rokeya Begum although supported the prosecution case in her evidence, ......o.89 of 1995 is hereby set aside. The appellants are released from their bail bonds. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ..Category: Women and Children | Date: 17 Apr, 2011 | Hits: 159
Padma Oil Company Limited Vs. Md. Abdus Samad and others, 2011, 40 CLC (AD)
....ry license/permit for supplying fuel as per prevailing rules. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 154. ......ry license/permit for supplying fuel as per prevailing rules. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 154. ......ry license/permit for supplying fuel as per prevailing rules. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 154. ..Category: Others | Date: 7 Apr, 2011 | Hits: 7
Kartic Das Gupta Vs. Election Commission of Bangladesh and others, 2011, 40 CLC (AD)
....we find no merit in the submissions of Mr. Ahsanul Karim. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 578, 19 BLC (AD) (2014) 113. ......we find no merit in the submissions of Mr. Ahsanul Karim. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 578, 19 BLC (AD) (2014) 113. ......we find no merit in the submissions of Mr. Ahsanul Karim. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 578, 19 BLC (AD) (2014) 113. ..Category: Election Law | Date: 3 Apr, 2011 | Hits: 168
Md. Jahir Uddin and others Vs. Md. Molin Ali and others, 2011, 40 CLC (HCD)
.... dated 23.11.2004 passed by the Assistant Judge, Gobindaganj, Gaibandha in Other Class Suit No.8 of 1997 is maintained. Send down the lower Court records. Ed. This Case is also Reported in: ...... then it is incumbent on the revisional Court to consider the same and to arrive at a proper finding on the material evidence and to finally dispose of the case. 8. I have examined the evidence on records and gone through the judgments of the Courts below. It appears that the trial Judge decreed ...... dated 23.11.2004 passed by the Assistant Judge, Gobindaganj, Gaibandha in Other Class Suit No.8 of 1997 is maintained. Send down the lower Court records. Ed. This Case is also Reported in: ..Category: Property Law | Date: 31 Mar, 2011 | Hits: 68
ATM Qamuzzaman Khan Vs. State and another, 2011, 40 CLC (HCD)
.... without giving any explanation. He finally submits that as per section 17 of the Building Construction Act, 1952 no proceeding shall lie against the government servant in respect of anything done in good faith. 9. Mr. Bashir Ahmed along with Mr. Md. Masud Hasan Chowdhury and Mr. Kazi Md. Mahmu......e under section 5 (2) of the Prevention of Corruption Act, 1947 read with section 109 of the Penal Code; the said Ejahar was submitted under Rule, 15 of the Emergency Powers Rule, 2007. 3. After recording of the First Information Report the charge of the investigation was entrusted to Md. Abul ......-2009. 8. Mr. Moin Uddin, the learned Advocate appearing for the convict appellant submits that after change of the Government in 2001, the present appellant was illegally removed from his service by RAJUK. Thereafter, the appellant filed Title Suit No.271 of 2004 for declaration with reg..Category: Criminal Law | Date: 29 Mar, 2011 | Hits: 3
Nazmul Islam alias Nazu Vs. State, 2011, 40 CLC (HCD)
....levelled against him and he be set at liberty at once, if not wanted in other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 460.......stigation into the case submitted charge sheet against the present convict-appellant under section 9(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000. 4. The case being ready for trial, the case record was send to the Nari-o-Shishu Nirjatan Daman Tribunal, Chandpur and charges were framed again......levelled against him and he be set at liberty at once, if not wanted in other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 460...Category: Women and Children | Date: 21 Mar, 2011 | Hits: 165
Uniroyal Securities Ltd. Vs. Commissioner of Taxes, 2011, 40 CLC (HCD)
.... Division in Desh Petroleum Service Co. Ltd Vs. Commissioner of Taxes, Zones-5, 12 MLR 48 has decided that "As per section 82(C) (4), the tax amount deducted or collected on account of supply of goods of execution of contract falling under section 52 shall be deemed to have fully discharge......any order as to cost. The Registrar of the Supreme Court is directed to take necessary steps under section 162 of the Ordinance. Ed. This Case is also Reported in: 63 DLR (2011) 676. ......any order as to cost. The Registrar of the Supreme Court is directed to take necessary steps under section 162 of the Ordinance. Ed. This Case is also Reported in: 63 DLR (2011) 676. ..Category: Fiscal/Taxation Law | Date: 21 Mar, 2011 | Hits: 123
GK Brothers and another Vs. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)
.... land in favour of appellants through court. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 543 ......shy;missed by the judgment and order dated 28-2-1985. The Appellate Division directed the decree holder to pay Soletium of Taka 1,00,000 to the judgment debtor within 30 days from 28-2-1984. From the record it shows that the balance consideration of Taka 2, 97,000 was paid on 12-3-1984 by treasury c...... land in favour of appellants through court. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 543 ..Category: Civil Law, Procedural Law | Date: 20 Mar, 2011 | Hits: 2
Maulana Mohammad Shamsul Huq and others Vs. Abu Taher and others, 2011, 40 CLC (AD)
....and by virtue of subsequent purchase from Biadhan Bia. The trial court therefore held also that the plaintiffs having purchased the suit land from the transferees/successors of Sirajul Islam acquired good title in the suit land and the defendants could not acquire any title in the suit land from Baz......azler Rahman died leaving behind son defendant No.1, daughter Anwara and wife Taherun Nessa. Anwara Begum died leaving behind 4 sons, 2 daughters and husband defendant No.8. The suit land was rightly recorded in Bazler Rahman's name in S.A. Khatian No.508. On 01.09.1986 the defendant Nos. 1, 2 and 8......ppellate court. We, therefore, find no merit in this petition for leave to appeal and hence this petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 365. ..Category: Property Law | Date: 20 Mar, 2011 | Hits: 84
Chunnu Vs. State, 2011, 40 CLC (HCD)
....icting and sentencing the Appellants. In the result, both the appeals are dismissed. Send down the lower Court record. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 127 ......e day whereupon Syedpur (Nilphamary) PS Case No.10 dated 19-4-2003 commenced under section 1487 149/302/34 of the Penal Code. 4. The case was investigated by P.W.12, who, amongst other, arranged recording of 164 statements of one witness and confessional statement of the Appellant Rafia. After ......icting and sentencing the Appellants. In the result, both the appeals are dismissed. Send down the lower Court record. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 127 ..Category: Procedural Law | Date: 15 Mar, 2011 | Hits: 6
M.A. Bari Talukder Vs. Agrani Bank & others, 2011, 40 CLC (AD)
....peal is thus disposed of with the above observations and direction. Communicate this order to the Artha Rin Adalat concerned at once. Ed. This Case is also Reported in: VIII ADC (2011) 424. ......peal is thus disposed of with the above observations and direction. Communicate this order to the Artha Rin Adalat concerned at once. Ed. This Case is also Reported in: VIII ADC (2011) 424. ......peal is thus disposed of with the above observations and direction. Communicate this order to the Artha Rin Adalat concerned at once. Ed. This Case is also Reported in: VIII ADC (2011) 424. ..Category: Banking Law | Date: 14 Mar, 2011 | Hits: 247
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