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Md. Farid Uddin Ahmed Vs. Atahar Uddin and another, 2005, 34 CLC (HCD)
....hus the accused in different forms and manner and by violation of the investment rules, instructions and "Morbaha" system caused a mischief amounting to TK. 4,04,99,052/- to the bank. The case was registered as a Special Case No.17 of 1989. 4. On receipt of such petition of complaint the l......Morbaha system furnished a letter of guarantee with the bank for payment and that was duly approved by the higher authority of the bank. 14. P.W.2 Md. Anisur Rahman and P.W.3 Abdul Mannan were posted as second officer and Senior Officer respectively with the bank after the occurrence. They c...... appeal is dismissed. Cases Referred to- 13 MLR (HCD) (2008) 161; AIR 1936 (Pc) 53; Abul Kalam Azad Vs. The State, 48 DLR 294; Nagandra Chandra Sarker Vs. Aftab Uddin, 15 BLD (AD) 133; Alauddin and others Vs. The state, 4 BLD 75. Lawyers Involved: Muhammad Nazrul Is..Category: Criminal Law | Date: 2 May, 2005 | Hits: 2
Sohel Rana (Md.) Sohel Rana (Md.) Vs. State, 2005, 34 CLC (HCD)
....nt for an offence punishable under section 9(1) of the Ain, 2000. The complaint petition was forwarded by the learned Magistrate to the officer‑in‑charge of Mitapukur police station. There it was registered as Mitapukur PS Case No.25 dated 19‑8‑2000 treating the complaint petition as a first......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. ......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. ...... charge officer of the Thana and he himself took up inquiry into the case, went to the place of occurrence, prepared inquest on the dead body of victim Salma and sent the same to Gopalgonj morgue for post‑mortem examination. Doctor holding post‑mortem examination gave opinion that the death of t......Respondent Judgment April 19, 2005. Result: The death reference is rejected. Cases Referred to- Giasuddin Vs. State, 55 DLR 328; Shah Alam and others Vs. State, 42 DLR (AD) 31; State Vs. Md. Shafiqul Islam @ Rafiq and another, 43 DLR (AD) 92; Bandez Ali @ Md. Bandez Al..Category: Criminal Law | Date: 19 Apr, 2005 | Hits: 6
Sultan Ahmed & another Vs. Government of Bangladesh and others, 2005, 34 CLC, (HCD)
....formation report with Ramna PS on 30‑112002 against the corrupt officials and their associates. After the lodging of the first information report, Ramna PS Case No.100 dated 30‑11‑2000 was registered under sections 21, 24 and 25 of the Telegraph Act 1885 and section 15 of the Special Powe......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. ......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. ..Category: Information Technology Law | Date: 12 Apr, 2005 | Hits: 4
Bangladesh rep. by Sec., Ministry of Works Vs. Mojibur Rahman and others, 2005, 34 CLC (AD)
....sion of the contract and the sale will be completed on repayment of the loan to the corporation. On 17-7-1969 the seller delivered possession to the plaintiff and on 19-7-1969 the seller executed and registered power of attorney in favour of the plaintiff and since then the plaintiff has been in pos......in the absence of a sale deed the plaintiff did not acquire title to the property. Syed Mahabubur Rahman was the Assistant Engineer in the Water Development Board but since 1972 he has not joined his post. There is no evidence that Syed Mahabubur Rahaman did not live in Bangladesh after the liberati...... 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)
....ppellant challenged the result of the election filing an application under Article 49 of the Representation of the People Order, 1972, hereinafter referred to as the Order. The said petition was registered as Election Petition No. 6 of 2001. The respondent No. 3 along with other respondents fil...... a decision of the High Court Division being order dated 30.4.2002 passed in Election Petition No. 6 of 2001. 2. The facts, in short, are that the appellant contested the election to the post of Member of Parliament from Dhaka-6 (Motijheel-Sabujbagh) Constituency in the election on 1st ......e petitioner himself is directory and not mandatory. Cases Referred to: Giasuddin Quader Chowdhury vs. ABM Fazle Karim Chowdhury and others 2003 BLD (AD) 215= 9 BLC (AD) 10; Kamaraja Nadar vs. Kunju Thevar and others AIR 1958 (SC) 687. &nb..Category: Election Law | Date: 22 Mar, 2005 | Hits: 123
Anil Chandra Paul Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)
....furnished the names and addresses of the remitters. Accordingly, the Deputy Commissioner of Taxes sent letters to twelve remitters whose names and addresses were supplied by the assessee-applicant by registered post with A/D with direction to confirm the remittance and also asked for their tax ident......he names and addresses of the remitters. Accordingly, the Deputy Commissioner of Taxes sent letters to twelve remitters whose names and addresses were supplied by the assessee-applicant by registered post with A/D with direction to confirm the remittance and also asked for their tax identification n......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. ..Category: Fiscal/Taxation Law | Date: 19 Mar, 2005 | Hits: 4
Abdul Halim Gazi and others Vs. Afzal Hossain & ors., 2005, 34 CLC (AD)
....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. ......bsolute 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 aforesaid post and further directing the writ respondent Nos. 1 to 6 to hold a fresh election excluding the ......ellip;……………….(15, 19 and 26). Cases Referred To- A.K.M. Mayeedul Islam Vs Bangladesh Election Commission and others, 48 DLR (AD) 208; Farid Mia Vs. Amjad Ali (Md.) alias Mazu Mia and others, 42 DLR (AD) 13; Mahbubur Rahman ..Category: Election Law | Date: 15 Mar, 2005 | Hits: 168
Mohiruddin Mondal alias Md. Mohiruddin Mondal and others Vs. State, 2005, 34 CLC (HCD)
....t No.33 dated 1‑7‑1983 against the 17 accused persons. 4. After submitting the charge-sheet the case was transmitted to the learned Additional District Magistrate, Sirajgonj and the case was registered as GR Case No.71 of 1983. The Additional District Magistrate framed charge under sections......r within 3(three) months to his bail bond to serve out the sentence imposed on him. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 779. ..............................................Respondent Judgment March 14, 2005. Result: The Rule is made absolute. Cases Referred to- State Vs. Monu Miah and others, 54 DLR (AD) 60; Nurul Islam alias Nur Islam Vs. State, 1998 BLD 695; Abdul Mannan and others Vs. State, 44 D..Category: Criminal Law | Date: 14 Mar, 2005 | Hits: 4
Ayub Ali Vs.State, 2005, 34 CLC (HCD)
....ions 120B/324/326/307/302/34/109/292 of the Penal Code against 30 accused persons including the accused petitioner. The case was transferred to the Druto Bichar Tribunal No.1 for speedy trial and was registered as Druto Bichar Tribunal Case No.31 of 2004. During trial the Tribunal framed charge agai......le is vacated. The prayer for stay operation of our judgment and order for 15 (fifteen) days is refused. Ed. This Case is also Reported in: 57 DLR (2005) 230. ......March 12, 2005. Result: The Rule is discharged. Cases Referred to- Deepak Dwarkadas Patel and another Vs. State of Gujarat, 1980 CriLJ 29; Hemayet Uddin Awronga Vs. State, 46 DLR (AD) 186. Lawyers Involved: Md. Khurshid Alam Khan with Md. Ziaur Rahman- For the Petitione..Category: Criminal Law | Date: 12 Mar, 2005 | Hits: 3
AK Fazlul Hoque Vs. Secretary, Ministry of Housing and Works and others, 2005, 34 CLC (HCD)
....nt of his aforesaid retirement benefits but there was no response and thereafter on 24‑1‑2001 the writ petitioner caused issuance of demand of justice notice upon the respondent Nos.1‑5 through registered post for payment of his pension and 80% of the gratuity as per provision of law but witho......foresaid retirement benefits but there was no response and thereafter on 24‑1‑2001 the writ petitioner caused issuance of demand of justice notice upon the respondent Nos.1‑5 through registered post for payment of his pension and 80% of the gratuity as per provision of law but without response......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. ..Category: Employment/Service Law | Date: 8 Mar, 2005 | Hits: 2
....6 of 1977 on 6.5.1980 declaring that the
suit land is not vested property claiming the suit land as their purchased land
from Rathindra Nath Basak who was the adopted son of Debendra Nath Basak by
registered kabalas dated 21.7.1977. The Deputy Commissioner, Dhaka was
impleaded as a party in the ...... 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.
......ged.
Cases Referred to-
Md. Ibrahim Vs. Md. Alauddin and others,
27 DLR 413;
M/s. Dulichand
Omaraolal Vs. Bangladesh, through the secretary, Ministry of Industries and
others, 33 DLR (AD) 30; Enemy property Management Board and others Vs. Abdul
Rashid, 27
DLR (AD) 52.
Lawyer..
Category: Property Law | Date: 23 Feb, 2005 | Hits: 5
....thereby he ceased to be shareholder and consequently, he also ceased to be a director of the company (Annexures 2, 3,4 and 5 of the affidavit-in-opposition); in the course of business, the company by registered deeds dated 25-4-95 and 12-11-96 purchased about 5 bighas of land for construction of VIP...... in question, though legal, but were made to deprive the respondent No. 1 to participate in the management of the company and his interest has also been discriminated because of removing him from the post of director of the Company and also excluding him as one of the signatories of the bank account......y & others....Respondents
Judgment
February 22, 2005.
Result:
The appeal is dismissed.
Cases Referred to-
Nahar Shipping Lines Ltd vs. Mrs Homera Ahmed, 9 MLR (AD) 58 = 56 DLR (AD) 36; Scottish Cooperative Wholesale Society Ltd vs. Meyer (1958) 3 All ER 66; O'..
Category: Company Law | Date: 22 Feb, 2005 | Hits: 364
Siraj Miah Vs. Mohammad Miah and others, 2005, CLC (HCD)
....f the Munsif 2nd Court, Feni praying for partition of his share upon determination of title, stating, inter alia, that the defendant No.1 sold out 60 decimals of land to him on 25‑12‑1972 under a registered suf kabala in which the plaintiff had enjoyment of his right, title and interest. The def......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. ......5. Result: The Rule is discharged. Cases Referred to- Pordil Khan Vs. Sufaid Gul and others, 1965 PLD (Peshawar) 259; Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury, 49 DLR (AD) 73; Magu Barma Vs. Bholi Dass, AIR 1914 Cal 331; Sudhir Chandra Shuklabadhya Vs. Amulya Shu..Category: Property Law | Date: 7 Feb, 2005 | Hits: 2
Mustaque Hossain (Md). Vs. Md. Shajahan Miah and another, 2005, 34 CLC (AD)
....ansfer of Property Act to vacate the suit shop. That it appears that summons were regularly served on the defendant No.2 in the aforesaid suit, that it appears that the notices were also sent through registered post and acknowledgement of the same was duly received back by the Court. 3. The perf......roperty Act to vacate the suit shop. That it appears that summons were regularly served on the defendant No.2 in the aforesaid suit, that it appears that the notices were also sent through registered post and acknowledgement of the same was duly received back by the Court. 3. The performa‑resp......be attributed for attributed for acceptance of the salami to render the tenant non‑ejectable in accordance with law. The petitions are dismissed. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 105. ..Category: Tenancy Law | Date: 1 Feb, 2005 | Hits: 120
SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....(since deceased), wife of Ketu Rozario purchased the land appertaining to CS Plot No.177 of mouza Begunbari, PS Tejgaon, Dhaka measuring an area of 1.25 acres of land from the CS recorded owners by a registered deed of sale dated 12‑6‑1950. The name of Mrs. Rozario was duly recorded both in SA a......time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267. ...... January 16, 2005. Result: The Rule is discharged. Cases Referred to- Director of Housing and Settlement, Segunbagicha, Ramna, Dhaka Vs. Abdul Majid Howlader and others, 1 LG (AD) 64=9BLC (AD) 51; Bangladesh, represented by the Secretary, Ministry of LA & LR and others Vs..Category: Property Law | Date: 16 Jan, 2005 | Hits: 7
Monohar Joarder and others Vs. State, 2005, 34 CLC (HCD)
....t Taka 3,500. At the time of occurrence witnesses Niamat Ali, Sukur Ali and Seraj were present and they saw the occurrence. 3. Upon the aforesaid first information report, Kushtia Police Station registered a case being Kushtia PS Case No.17 dated 17‑4‑90 under sections 148/149/447/448/323/3......police, in course of the investigation, visited the place of occurrence, prepared sketch map, seized alamat and recorded statement under section 161 of the Code of Criminal Procedure and obtained the post mortem report and finally, submitted charge‑sheet against all first information report named .....................................Respondent Judgment January 15, 2005. Result: The Appeal is allowed in part. Cases Referred to- Abdus Sattar and others Vs. State, 46 DLR (AD) 239; Rafiqul Islam Vs. State, 1993 BLD (AD) 117 = 44 DLR (AD) 264; Abdul Khaleque and others Vs...Category: Criminal Law | Date: 15 Jan, 2005 | Hits: 3
Habibullah (Md) Vs. Sher Ali Khan and others, 2005, 34 CLC (AD)
....f the plaintiffs that they were dispossessed during the pendency of the suit and thereupon the plaintiffs filed an application for violation of the order of status quo and a Miscellaneous Case was registered and the same was allowed and thereupon structures in the land were attached and, as such......the discussions made herein above we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 55. ...... background of the discussions made herein above we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 55. ..Category: Civil Law | Date: 15 Jan, 2005 | Hits: 177
Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)
....he defendant No. 1 did not execute and register the kabala in spite of tender of the balance consideration money. The plaintiff subsequently, came to know that the defendant No. 1 had executed and registered two sale deeds dated September 3, 1981 and September 4, 1981 purporting to transfer the ......est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ......est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ..Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147
Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)
....the Rules are discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 546. ......less the avenues be exhausted, one cannot invoke 561A of the Code. In spite of this legal position, if an accused finds the facts disclosed either in first information report or charge-sheet is so preposterous that no proceeding can be taken against him/her or the prosecution is legally barred in th.......................Opposite Party Judgment January 4, 2005. Result: The Rules are discharged. Cases Referred to- AIR 1945 PC 156; Abdul Quader Chowdhury Vs. State, 28 DLR (AD) 38; 14 DLR (SC) 96; 14 DLR (SC) 235; 15 DLR 549; 19 DLR (SC) 369; 26 DLR (SC) 69; 30 DLR (AD) 59..Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1
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