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Jahangir Alam (Md) alias Zakir Vs. State, 2004, 33 CLC (AD)

.... to 10 (ten) years rigorous imprisonment and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6 (six) months more. Ed. This Case is also Reported in: 56 DLR (AD) 217. ...... to 10 (ten) years rigorous imprisonment and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6 (six) months more. Ed. This Case is also Reported in: 56 DLR (AD) 217. ......hen she raised alarm. Subsequently when the patrol police party came to the place of occurrence the accused‑petitioner was handed over to them and the police prepared seizure list after seizing the money bag with the money. Thereafter the police took the convict‑petitioner to the thana where the..

Category: Criminal Law | Date: 9 Mar, 2004 | Hits: 93

Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)

....d to adjudicate justice in accordance with the law then prevalent in England and this continued till 1872 until the Contract Act came into force on the first of September 1872 and long thereafter the whole law relating to companies was reenacted in a comprehensive form by the Companies Act of 1913 i......wes a debt i.e. a definite sum of money presently due but may be paid now or in some future date, the learned Advocate contends. The learned Advocate finally submits that the claim of the petitioners amounts to debts and on refusal to pay the same the petitioners can maintain these applications. ......’s Company Law 9th Edition 379 to show what is the connotation of creditor within the meaning of section 245 of the Act and submitted that any person to whom the company is indebted in a sum of money presently due is undisputably a creditor and entitled to a petition for winding up of a compan..

Category: Company Law | Date: 3 Mar, 2004 | Hits: 8

State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)

....ils of such fact merely; (iii) one which applies it to the "surrounding circumstances" of some central fact, called, in contradiction, the "principal fact"; and (iv) one which applies it to the total whole composed of both the principal fact and the surrounding circumstances. Res gestae may be broad......inding on the basis of the evidence to be available with the record. The office is directed to transmit the case record at once. Ed. This Case is also Reported in: 56 DLR (2004) 556. ......ulted his daughter to death and that he has heard about the incident from the neighbours Qushem Ali, PW 9, stated that the accused Taher assaulted the victim to death, that he used to assault her for money and that he heard from Hossain Ali and Ahmad (PW 3) about the killing of the victim. In cross-..

Category: Women and Children | Date: 1 Mar, 2004 | Hits: 164

Govt. of BD. rep. by Sec., Min. of Post, T&T & ors. Vs. Abul Khair, 2004, 33 CLC (AD)

....llate Tribunal when apparently the respondent has not been dealt with in accordance with law following, the principles of natural justice.  The petition is dismissed.  Ed. ......fice on transfer. Respondent was acquainted with the said Dejindra Chandra Dutta and he was known to him since long and at his instance several accounts were opened illegally in the Post Office. Huge amount of Government money was unlawfully disbursed to him from those accounts. Similarly number of ...... to the post of Assistant Post Master and had been working in the said post from 14‑11‑1991. During the tenure of his service allegations were received against him for misappropriation of money from passbook account and Savings Defence Accounts of Post Office Branch wherein he was posted..

Category: Administrative Law | Date: 23 Feb, 2004 | Hits: 125

State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)

..... Every judgment must be read as applicable to the particular facts proved or assumed to be proved since the generality of the expression which may be found there are not intended to be exposition of whole law but governed or qualified by particular facts of the case in which such expression occurs.......itself though he had retracted it at a later stage. Nevertheless, usually Courts require some corroboration to the confessional statement before convicting an accused person on such a statement. What amount of corroboration would be necessary in such a case would always be a question of fact to be d......Anjuara Khatoon is sentenced to imprisonment for life. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277.   ..

Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7

Abdus Sattar (Md) and ors. Vs. Lalon Mazar Sharif & Seba Sadan Committee & ors., 2004, 33 CLC (AD)

....onsideration of the evidence on record has arrived at the correct finding and, as such, no interference is called for.  Accordingly, this leave petition is dismissed.  Ed. ......onsideration of the evidence on record has arrived at the correct finding and, as such, no interference is called for.  Accordingly, this leave petition is dismissed.  Ed. ......s share to one Munshi Md. Chand Ali by a registered kabala dated 3‑7­1356 but did not deliver possession of the transferred land and then the defendant Nos. 14‑16 on payment of kabala money to Munshi Chand Ali Mollik got a deed of reconveyance and to the knowledge of all including th..

Category: Property Law | Date: 11 Feb, 2004 | Hits: 127

Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)

....roceeding was accompanied with an agreement of re-conveyance and the land was under a mortgage by Vendor petitioner in favour of Pre-emptee second opposite party for a period of five years and the whole transfer was within for re-conveyance was reduced in writing. ii) The actual market pri...... parties to bear their respective costs of the litigation. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 69. ......aged land to pre-emptee (second opposite party) and the deed of agreement of re-conveyance was unregistered. It was the case of Vendor that as the transfer was by way of mortgage the consideration money was fixed at Take 80,000/- in lieu of Taka 1,70,000/- 17. Agreement being an unregister..

Category: Property Law | Date: 20 Jan, 2004 | Hits: 6

State Vs. Moslemuddin (Md), 2004, 33 CLC (AD)

....tence is illegal". In view of above position we fined no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed.   Ed. ......tence is illegal". In view of above position we fined no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed.   Ed. ......‘90 and thus the respondent Tahsildar misappropriated Taka 21,137.81. The defence case appears to be that there being no safe custody in his Tahsil Kachari the respondent Tahsildar, after keeping the money in the safe custody of Jamurki Tahsil Kachari, went home and subsequently he deposited the mon..

Category: Anti-Corruption Laws | Date: 19 Jan, 2004 | Hits: 96

Mirpur Mazar Co-Operative Market Society Ltd. Vs. Capital Tower (Pvt) Ltd & Ors., 2006, 35 CLC (AD)

....mode of allotment of the plot in question.  12. In view of the discussions made herein over we find no substance in the petition.  Accordingly, the petition is dismissed.   Ed. ......e defendant No. 6 showed that the price of similar plot was over Taka 2 crore and, as such, selling the land in question to the defendant No. 6 (respondent No. 6) at the rate of Taka 20 lac per bigha amounted to a gross abuse of executive authority, have been dealt with and decided by this Court in ......mode of allotment of the plot in question.  12. In view of the discussions made herein over we find no substance in the petition.  Accordingly, the petition is dismissed.   Ed. ..

Category: Property Law | Date: 18 Jan, 2004 | Hits: 86

Abdus Sobhan Mandal (Md) Vs. Md. Jonab Ali Fakir & others, 2005, 34 CLC (AD)

..... We are fully in agreement with the above findings of the high court Division. For all the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ....... We are fully in agreement with the above findings of the high court Division. For all the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......fer is an out and out sale though a camouflage as been attempted to hold the deed as a deed of exchange assessing the value of the land at Taka 3,332.00 and directed the pre-emptor to deposit the aid money to the credit of the pre-emptee, after deducting the money already deposited in the Court. Aga..

Category: Civil Law | Date: 18 Jan, 2004 | Hits: 264

Hafizur Rahman & another Vs. State and others, 204, 33 CLC (HCD)

....7‑10‑2001 is hereby recalled. Communicate this order to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 588.   ......nsel for the accused petitioners consistently submits that in this case there is no ingredient of the offence under section 315/316 of the Penal Code and that the continuation of the proceeding would amount to unnecessary harassment to the accused petitioners for which the same should be quashed. He......7‑10‑2001 is hereby recalled. Communicate this order to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 588.   ..

Category: Criminal Law | Date: 17 Jan, 2004 | Hits: 3

Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)

.... (four) lots in their bid submission sheet as conditional offer and that it violated clause 14.4 of the Instruction to Bidders (ITB). That this erroneous view about the vital matter has. vitiated the whole decision and has resulted in gross failure of justice putting the hard‑earned ADB aided peop......west evaluated Bid from Category I. For the purpose of this comparison only, an upward price adjustment will be made to the lowest evaluated Bid Price of Category III by adding either: (i) the amount of customs duties and other import taxes which a non‑exempt importer would have to pay for ...... Ltd explained this in a letter written to the Minister for Water Resources by letter dated 1 January 2003; as the writ‑respondents did not comply with the request to save huge foreign exchange and money from the exchequer of the country, the writ‑petitioner’s Counsel in a letter dated 1 Febr..

Category: Others | Date: 10 Dec, 2003 | Hits: 261

Kadamtala Purba Basaboo Uchcha Bidalaya & ors. V. Hasna H. Sarker @ Hasna Heba Sarker & others, 2003, 32 CLC (AD)

....of the plaintiff respondent and, in such view of the matter, the findings and decision as arrived at by the High Court Division affirming the appellate judgment cannot be interfered with. 10. The whole argument of Mr. Rob is that before imposing any penalty of dismissal or removal the matter mus......e decision in the case of Mostafa Aziz vs. The Principal, Momnenshahi Cadet College, Mirzapur reported in 29 DLR 104, Mr. Rob argued that the continuation in the service by the respondent No. 1 would amount to her confirmation in the service. It was further contended that the appellate Court as a fi......r interference with the impugned judgment of the High Court Division and consequently, this appeal is dismissed with costs of a Senior counsel in all stages. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: 8 Dec, 2003 | Hits: 209

Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and ors., 2005, 34 CLC (AD)

....ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order.  The petition is dismissed.  Ed. ......credit dated 28‑9‑1999 and 12‑10‑1999 but nothing could be placed before us to show any condition precedent or that there was a legal condition for prior satisfaction of the amount under the master letter of credit prior to the satisfaction as to payment under the above......ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order.  The petition is dismissed.  Ed. ..

Category: Business or Commercial Law | Date: 2 Nov, 2003 | Hits: 783

Amir Hossain Vs. Md. Amir Ali and another, 2003, 32 CLC (AD)

....tered through the Court. In case of default by the appellant to pay the above amount as directed, the appeals shall stand dismissed. Ed. This Case is also Reported in: II ADC (2005) 38. ......the suit property and the documents of title on 31.8.84 through fraudulent misrepresentation and that he wanted to continue in possession along with the title documents without payment of the balance amount for as long as he could without noticing that out of a total consideration money of Tk. 2 lak......g been given a gobye by the subsequent conduct of the parties, the High Court Division erred in holding that the petitioner committed breach of contract in failing to pay up the balance consideration money by 25.2.85 and such error led to an erroneous decision occasioning failure of justice. H..

Category: Contract Law | Date: 20 Oct, 2003 | Hits: 256

DU rep. by its VC Vs. Associated Engineering & Drillers, 2004, 33 CLC (AD)

....sts. The respondents are entitled to realise an amount of Taka 30,35,312 for which the execution case can proceed if the appellant fails to deposit the amount within 15 days from the date. Ed. ......te to two Arbitrators and the Arbitrators, so appointed by the Court gave an award on 12‑8‑1997 for a sum of Taka 1,37,66,309.44 with 16% interest per annum till payment of the awarded amount. That the appellant by filing an application under section 33 of the Arbitration Act, 1940 c......rantee and the matter got its finality on 30‑6‑1999 when the leave petition was dismissed by the Appellate Division of the Supreme Court of Bangladesh and during the period the awarded money was secured and covered by deposit of the Bank guarantee and on 16‑8‑1999 the ent..

Category: Civil Law | Date: 20 Aug, 2003 | Hits: 291

Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)

....previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed.  There is no order as to costs.  Ed. ......previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed.  There is no order as to costs.  Ed. ...... 14. The learned Additional Attorney‑General appearing for the respondent Nos. 2‑7 has submitted that choice of utilisation of the land so allotted is not to be weighed in terms of money but is to be weighed in the context of social welfare or in the context of purpose for which ..

Category: Property Law | Date: 18 Aug, 2003 | Hits: 216

Debendra Kumar Saha & another Vs. Uttara Bank Ltd, 2003, 32 CLC (HCD)

....no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ......no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ...... year 1385‑1396 BS. The defendants went to the Manager of the local branch of the Bank who could not give any satisfactory reply. On being confronted by the defendants, Chandra Shekhar refunded the money he received from the defendants as rents. They were asked to act as per law and thereafter the..

Category: Tenancy Law | Date: 12 Aug, 2003 | Hits: 3

Amir Ali (Md.) Vs. Joint District Judge and Artha Rin Adalat Fourth Court, Dhaka and another, 2003, 32 CLC (HCD)

....y to issue necessary order for auction sale and/or civil warrant of arrest etc after compliance of the provisions of law. Ed. This Case is also Reported in: 57 DLR (2005) 245.   ......30‑4‑2003 for execution and return of warrant. 2. The case of the petitioners is that he applied to the respondent No.2 blank for a loan of Taka 50,00,000 and he, having deposited the margin amount of Taka 15,00,000 was granted in his favour and as security of the above loan, the petitioner...... forward his sister Raushan Ara to file the above Miscellaneous Case No.24 of 2000 and obtained the order of stay. Further, in terms of Order XXI, rule 30 CPC decree having been passed for payment of money, the Court was to pass order for issuing Civil Warrant for arrest of the judgment­ debtor ..

Category: Civil Law | Date: 11 Aug, 2003 | Hits: 21

Bangladesh Vs. Md. Matiur Rahman and another, 2006, 35 CLC (AD)

....on on acceptance of the customs duty and other levies to be assessed by the Customs Authority is stayed till disposal of the writ petition.  There is no order as to costs.   Ed. ......sed by the Customs authority in cash without hearing the writ-respondents. It is also the contention of the appellants that by the letter dated December 6, 2001 Respondent No.1 was directed to pay an amount of Tk. 4,81,07,374/- due as unpaid taxes and charges and instead of paying the same the Respo......on on acceptance of the customs duty and other levies to be assessed by the Customs Authority is stayed till disposal of the writ petition.  There is no order as to costs.   Ed. ..

Category: Business or Commercial Law | Date: 26 Jul, 2003 | Hits: 128