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State Vs. Md. Motiur Rahman & anr., 2004, 33 CLC (AD)
....ns 120(b)/302/380/201/212/114/411/34 of the Penal Code, rejecting the prayer for bail now pending in the Court of learned Chief Metropolitan Magistrate, Dhaka, is hereby set aside. Ed. ......atements of witnesses made under section 161 of the Code or judicial confession made under section 164 of the Code, when there is strong circumstantial evidence, cannot be taken into consideration for granting bail to an accused of a murder case………..(14) Lawyers ......me offended by him and that they in collusion with the maid‑servant Farida were trying to kill Mr. Alam and they conspired with each other and hired professional killer in lieu of big amount of money and on 1‑1‑2002 at mid night at 12.00 hours with the help of Farida the accused pe..Category: Criminal Law | Date: 12 May, 2003 | Hits: 74
Chan Miah (Md) Vs. Md. Dabirul Islam Khan & ors., 2004, 33 CLC (AD)
....4) of the State Acquisition and Tenancy Act, hereinafter called "the Act", for pre‑empting the case land on the averment, inter alia, that though the pre‑emptor petitioner is claiming the pre‑emption as a co‑sharer by contiguity but the applicant (the present pe...... Mansur Habib, Advocate, instructed by ASM Khalequzaman, Advocate‑on‑Record‑For Respondent No. 1. Not represented‑ Respondent Nos. 2‑9. Civil Petition for Leave to Appeal No. 328 of 2003. (From the judgment and order dated 28th October 2002 pa......er by inheritance steps into the shoes of the pre-emptor, both the provisions of Sections 96(4) & 6(b) of the Act are applicable to him and an order passed upon him to deposit the consideration money together with compensation prior to determination of important issues, would not be an illeg..Category: Property Law | Date: 5 May, 2003 | Hits: 141
Bangladesh Biman Corporation, represented by MD Vs. Rabia Bashri Irene and others, 2003, 32 CLC (AD)
.... of the Corporation, Office Orders, Standing Orders, Directives and Rules are also applicable to them in matters not specifically mentioned in the contract of employment and they were not entitled to claim permanent employment in the service of the Corporation and the contract between the Corporatio...... -For the Petitioner (In both the cases) Ajmalul Hossain QC, Senior Advocate, instructed by Mvi. Md Wahidullah, Advocate‑on-Record‑For the Respondents (In both the cases). Civil Petition for Leave to Appeal Nos. 1039 & 1040 of 2000 (From the judgment dated March 5, 2000 passed by......sion. In the afore state of the matter we find no substance in these petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 132. ..Category: Employment/Service Law | Date: 30 Apr, 2003 | Hits: 164
Amir Hossain Vs. MA Malek & others, 2004, 33 CLC (AD)
.... is no bar for the complaint case to proceed side by side with winding up proceeding. In view of the above, the appeal is allowed. Ed. This Case is also Reported in: 56 DLR (AD) 146. ......ct as the convict-respondent admitted the loan, issuance of cheques by him and those cheques being dishonoured. The Code of Criminal Procedure, 1898 (V of 1898) Section 561A There is no bar for the complaint case to proceed side by side with winding up proceeding about the same subject mat......all the cheques were dishonoured. In spite of request by the complainant petitioner the convict respondents did not take necessary steps either for the encashment of the cheques or for payment of the money. Therefore, the complainant petitioner served legal notice upon the convict respondents demand..Category: Criminal Law | Date: 15 Apr, 2003 | Hits: 88
Abdul Jalil Sarder Vs. State, 2003, 32 CLC (AD)
....sons that they completed the project upon utilization of entire quantity of wheat lifted and that 3rd Master roll was submitted to the project Implementation officer. The Master roll so submitted, as claimed by the appellant and not discarded by the High Court division, with the project Impleme......- The instant appeal, by leave, is against the judgment and order dated April 28, 1998 of a Single Bench of the High Court Division in Criminal Appeal No.1039 of 1993. The High Court Division by the aforesaid judgment dismissed the appeal of the present appellant upon modification of sentence o...... of Act II of 1947 is set aside and he is acquitted of the charges leveled against him. The appellant is discharged from his bail bond. Ed. This Case is also Reported in: 1 ADC (2004) 9. ..Category: Anti-Corruption Laws | Date: 12 Apr, 2003 | Hits: 158
Sazzadul Haque Liku (Md.) and others Vs. Sarder Anwar Hossain, 2003, 32 CLC (HCD)
....his Rule is made absolute. The impugned judgment and order is set aside and the plaint is rejected. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 273. ......ourt may seem fit and proper. 2. Opposite Party No.1 as plaintiff filed Title Suite No.3 of 2003 in the Court of Assistant Judge, Kalia, Narail against the petitioner and opposite parties No.2-7 for the following relieves: “(ক) আরজী বর্ণিত মত বাদীর......here is no road communication to go to the said polling station except over the house of defendant No.3. Defendant No.3 lives in Dhaka and many things are heard about him including earning of illegal money. The plaintiff filed an application to defendant No.2 stating all these facts, but nothing hap..Category: Civil Law, Election Law | Date: 24 Mar, 2003 | Hits: 2
Motiur Rahman and others Vs. Chowdhury Md Mahfuzul Islam and ors., 2003, 32 CLC (AD).
.... filed the writ petition. 5. The BADC and others, as respondents in the writ petition, contested the Rule by filing separate affidavits‑in‑opposition and claiming that the writ petitioner‑respondent was not eligible for promotion as Superintending ...... would be discriminatory and violative of the equality clause of the Constitution. It is true that there is no right of promotion but it is also true that an employee has a right to be considered for promotion which is a condition, of his service………………&......ve, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 104. ..Category: Others | Date: 24 Mar, 2003 | Hits: 87
Giasuddin Ahmed Vs. Green Delta Insurance Co. Ltd. & anr., 2004, 33 CLC (AD)
....;2‑1994 and 14‑5‑1994 to the Board to reconsider its decision, but the Company refused to do so. With respect to the dividends of 18 percent declared in the 8th AGM, the appellant claims to be entitled to receive dividends on the said 22,000 shares. The Company by its letter dat...... the judgment and order dated 20‑8‑1995 passed by the High Court Division in Company Matter No. 61 of 1994 rejecting the application ("the Application") filed by the Appellant for rectification of the share register under section 38 of the Companies Act, 1913 ("Th......nd by article 37 and the company has absolute and uncontrolled discretion to refuse registration of the appellant's shares. 23. The learned Counsels then argued that for the return of money, dividends, etc the appellant shall have to go to another forum. 24. They have a..Category: Business or Commercial Law | Date: 24 Mar, 2003 | Hits: 286
Syeda Mazeda Khatun Vs. Bangladesh Shilpa Rin Sangstha, 2003, 32 CLC (AD).
....fact that the petitioner‑appellant had worked continuously and satisfactorily for a period of over 20 years from 24‑4‑1980 to 7‑6‑2000 as Librarian (which the respondent claims to be a post of higher responsibility), in law and equity the petitioner is entitled to the p......For the Petitioner. AKM Nazrul Islam Senior Advocate, instructed by AKM Khalequzzaman Advocate‑on‑Record‑For the Respondent. Civil Petition for Leave to Appeal No. 1370 of 2002. (From the judgment and order dated 8th Ju...... In that view of the matter, this petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 82. ..Category: Employment/Service Law | Date: 17 Mar, 2003 | Hits: 84
Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)
....ourt Division in the company matter, we do not find any reason to grant leave against the said judgment. The petition is therefore, dismissed and the delay is condoned. Ed. ...... section 233 The object of remedy under this section is to negate the impact of the prejudicial or other relevant misconduct on the part of the majority share holders. It may take any form that is thought to be suitable either by the applicant or by the court. Direction of the compa......he Companies Act as Company Court jurisdiction was absolutely different. A proceeding under section 233 of the Company Court comes within the statutory jurisdiction of the Company Court whereas the money suit was a derivative action. Accordingly, the Company Bench passed the following order. ..Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273
Aloke Nath Dey Vs. Govt. of BD. rep. by the DC, 2004, 33 CLC (AD)
....ulna and deposited the iron safe there, wherefrom the same was deposited in the then State Bank of Pakistan. Subsequently, the appellant received a sum of Taka 5 lac from him and relinquished their claim to the ornaments, etc. kept in the said iron safe. His further case was that the instant app......ion 372 The Transfer of Property Act, 1882 (IV of 1882), Sections 3 & 130 Debt: Ornaments lying in custody of the bank are a debt due to the owner of the same for the purpose of granting succession certificate by the District Delegate or District Judge unde...... has been given various meanings with reference to particular legislation where the definition of debt was required to be given and, as such. word 'debt' is to be ordinarily understood as a sum of money due under an express or implied agreement, or an amount due or payable from one person to ano..Category: Property Law | Date: 11 Mar, 2003 | Hits: 436
Salema Khatun Vs. Matiur Rahman, 2003, 32 CLC (HCD)
....e of the rule is vacated. In the facts of the case, I do not make any order as to costs. Send down the lower Court record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 339. ......0. 2.The Opposite party as plaintiff instituted S.C.C Suit No.15 of 2000 in the 3rd Court of the Senior Assistant Judge and S.C.C. Judge, Dhaka impleading the petitioner as the defendant praying for eviction of the defendant from the suit premises alleging, inter alia, that the defendant was a ......efaulter and that the defendant offered rent for the month of December, 1999 through her son Md. Omar Hussain which was refused by the landlord and that she sent the rent for the month of February by money order and when the rent remitted by the postal money order was returned to the defendant on 27..Category: Tenancy Law | Date: 8 Feb, 2003 | Hits: 61
....….if ministry desires, we shall develop the reserve fund to the level of Taka 5 crore in phases." But till to date the respondent failed to deposit Taka 5 crore. Moreover, the respondent now cannot claim that it has to deposit only Taka one crore.
6. He has also argued that the respondent only......ty Act, 1992 Section 7(d)
A mandatory condition having not been complied with no right accrued to the respondent to take recourse to article 102 of the Constitution. Moreover matter is pending before the authority and as such no cause of action has yet arisen……………………(21 & 22......16. The respondent claims to have applied before the authority on 6th October, 1997 whereas, section 7 of the Private University Act was amended with effect from 5th April, 1998 raising the amount of money to be deposited as reserve fund from 1 crore to 5 crore. The respondent was then asked by the ..
Category: Others | Date: 8 Feb, 2003 | Hits: 112
Nasima Akhter Vs. Md. Siraj Miah and other, 2003, 32 CLC (AD)
....fers from no illegality and/or infirmity and we are not inclined to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 38. ......ord ‑ For the Petitioner AKM Nazrul Islam, Senior Advocate, instructed by Aftab Hossain, Advocate‑on‑Record ‑ For Respondent No.1 Not represented ‑ Respondent No. 2. Civil Petition for Leave to Appeal No. 695 of 2002. (From Judgment and order dated 21‑1‑2002 passed by the H...... 5,000 and banded over possession of the suit property to the plaintiff. In the Bainanama a condition was stipulated to the effect that the defendant No. 1 upon receiving the balance consideration money will execute and register the sale deed within 2(two) months from the date. 3. Though the p..Category: Property Law | Date: 4 Feb, 2003 | Hits: 147
Islami Bank Bangladesh Ltd. Vs. Sub-Judge and Additional Artha Rin Adalat & others, 2003, 32 CLC (AD
....rtha Rin Adalat No. 2 passed in, the aforesaid Money Suit making direction to the pawnee (plaintiff) to sell the pawned goods and thereupon to adjust the sale proceeds of the pawned goods against the claim of the pawnee and then to frame the suit upon amending the plaint in respect of the amount, if...... make an order in a suit filed by the pawnee directing him to sell the pawned goods and ……upon adjustment of the sale proceeds, if any amount remains due then to proceed with the suit for the balance amount………………(12) ......ence of selling the hypothecated goods pawnee is not entitled to file the suit for realisation of his claim due from the pawnor. 3. Plaintiff‑appellant filed aforementioned money suit stating, inter alia, that respondent Nos. 2 and 3 availed loan facilities from the plaint..Category: Business or Commercial Law | Date: 28 Jan, 2003 | Hits: 112
Abdur Rashid (Md) Vs. LGRD and Cooperatives, Local Government Division and others, 2003, 32 CLC (AD)
.... Accordingly, the petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 72. ...... of 1977), Section 13 An elected public representative may be put out of office by the competent authority when such representative makes himself undesirable to perform his functions and duties and his continuation in the office is made undesirable from the admi......eport the result. The petitioner has been elected chairman of the aforesaid Pourashava in the year 1999. The order of suspension has been passed alleging corruption, irregularity, misappropriation of money and guilty of conduct unbecoming of the office of chairman. The petitioner has challenged the ..Category: Others | Date: 27 Jan, 2003 | Hits: 89
Alfazuddin Ahmed Vs. Abdur Rahman and others, 2003, 32 CLC (AD).
....tion of the non-agricultural land in a suit for partition final decree having been concluded upon such judgment and transfer taking place after preparation of such khatian co-sharership can not be claimed in respect of the former khatian by former co-sharer of such khatian ……&helli......bsp; State Acquisition and Tenancy Act, 1951 (XXVIII of 1951) Section 117(i) (c) With preparation of separate khatian consequent upon partition of the non-agricultural land in a suit for partition final decree having been concluded upon such judgment and transfer taking place after......emption case is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 108. ..Category: Property Law | Date: 21 Jan, 2003 | Hits: 81
Govt. of BD, rep. by the Sec., Min. of Defence & ors. Vs. Md. Afzal Hossain Ansari, 2003, 32 CLC (AD
....ule 4 of the Rules is not well founded since sub‑rule (5)(c) of rule 4 of the rules prescribes any penalty, i.e. any one of the penalties listed in sub‑rules (2) and (3) of the rules. The claim of the department of being the sole authority to consider the kind of punishment to be imposed...... Judgment Md. Ruhul Amin J.- The present appeal by the opposite party before the Administrative tribunal by leave is against the judgment and order dated October 26, 1998 o......peal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 65. ..Category: Administrative Law | Date: 8 Jan, 2003 | Hits: 122
Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).
....the property of the second category was acquired by the income of the first category of property and out of the income of the property of Roy Mohan. The plaintiff has been able to prove his case as claimed in the plaint and the defendants have failed to disprove the same………&h...... turned out from the town residence of his father; Thereafter, Hari Mohan died on 25‑2 1982. 5. Getting a letter dated 17‑2‑1982, the plaintiff for the first time came to learn that his father was alive and from further communications with his ...... the elder brother and the ‘Karta’ of the joint family, and his wife defendant No. 11 successfully influenced Roy Mohan to go to Burma in the year 1946, Hari Mohan had been earning lot of money by doing business and service in Burma and contributed to increase the joint family fund to ac..Category: Property Law | Date: 25 Nov, 2002 | Hits: 87
Humayun M Vohra Vs. ESPN Star Sports and others, 2003, 32 CLC (AD).
....ary clearance from the Bangladesh Bank for remittance of the subscription. But on 31‑7‑2002 defendant No. 3 issued a circular asking the subscriber, defendant Nos. 4 to 265 to contact him claiming that he was appointed new distributor and on the following day, on 1‑8‑2002 def......nt November 23, 2002. Execution of decree outside Bangladesh Any decree of any Court in Bangladesh is enforceable in foreign country either as a foreign decree or by instituting a suit on the basis of s......f Act, the contract is not specifically enforceable and that with reference to sections 205 and 208 of the Contract Act the agency, if there be any, and any violation thereof, could be compensated by money the petitioner is not entitled to an order of temporary injunction. ..Category: Procedural Law | Date: 23 Nov, 2002 | Hits: 103
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