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Islami Bank Bangladesh Ltd. & another Vs. Agrani Bank & others, 2010, 39 CLC (HCD)
....t. The impugned judgment and decree passed by the trial court is hereby affirmed. Send down the L/C records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 150. ......ues that too in quick succession and withdrawal of almost the entire money in undue haste- the basic facts relatable to 'good faith' and/or 'negligence' on the part of the defendant in exercising its duty. 20. It appears from records that two accounts were opened in the Islampur branch of t..Category: Business or Commercial Law | Date: | Hits: 548
Shaukat Ali and another Vs. Chairman, Labour Court, Khulna and others, 1992, 21 CLC (HCD)
....‘weighment was done thon it was found that actual weight of the firewood was 22 maunds. But the petitioner in his Tally Khata Ext. A wrote 27 maunds. Accordingly he was charge sheeted for writing out excess weighment in his Khata dishonestly. An enquiry committee was constituted. Ext. 8 is the enqui......n against the petitioners is concerned the Labour Court held as follows: "The documents on evidence show that the petitioner and three others were members of weighment committee of firewood. Their duty was to record the weighment in their respective tally khata for firewood, supplied by the contr..Category: Labour and Industrial Law | Date: | Hits: 182
Gazi Jashimuddin Vs. Bangladesh & others, 1997, 26 CLC (HCD)
.... The respondents are directed to appoint the petitioner to the Police cadre within four months from the date of receipt of this order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 37. ......ification need not only be technical but may be general, relating to the suitability of the candidates in the service of the Republic. Accordingly, the Public Service Commission is entrusted with the duty to assess the relative merits and general suitability of the candidates for government service...Category: Employment/Service Law | Date: | Hits: 194
Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)
....d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ...... convicted under section 61 of this Ordinance and lastly, if he is found unsuitable, incompetent, negligent or otherwise undesirable The Wakf Administrator, therefore, in removing the Mutwalli, has a duty under the law to be satisfied that the allegations made against the Mutwalli come within the mi..Category: Trust/Waqf Law | Date: | Hits: 134
Siddique (Md.) Vs. Yeakuti Begum and others, 1997, 26 CLC (HCD)
.... There will be no order as to costs. Let a copy of this order be sent to the learned Subordinate Judge, 2nd Court, Dhaka forthwith. Ed. This case is also Reported in:49 DLR (HCD) (1997) 402. ......n which a decree is passed ex parte against a defendant, he may apply to the Court by which the decree was passed for an order to set it aside ; and if he satisfies the Court that the summons was not duty served, or that he was prevented by any sufficient cause from appearing when the suit was calle..Category: Procedural Law | Date: | Hits: 88
Wahidullah Majumder Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....d by way of VAT on the imported raw rubber to the petitioner. In the result the Rule is made absolute without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 400. ......der Bill of Entry Receiving No.5271 dated 29‑1‑92 for assessment and clearance of the said consignment (Annexure‑A). 3. The Collector of Customs, Chittagong assessed and realised the customs duty on the said consignment on the basis of tariff value and also realised Value Added Tax (VAT) to..Category: Administrative Law | Date: | Hits: 192
Motleb Molla (Md.) Vs. Dost Mohammad and others, 1997, 26 CLC (HCD)
....gment. The petitioner is also directed to take all possible steps in that behalf. Send down the record to the trial Court at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 613. ......ed lower appellate Court, while hearing the appeal ought to have remanded the case to the trial Court for writing a proper judgment but it has not been done by lower appellate Court. 8. It was the duty of the trial Court, as a Court of first instance, to frame issues on the basis of averments mad..Category: Property Law | Date: | Hits: 77
Masum and others Vs. State, 2009, 38 CLC (HCD)
....liberty at once if not wanted in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 133. ......tation Case No.26(3) of 2003 dated 17-3-3003 under Section 19A of the Arms Act, alleging, inter alia, that on the alleged data of occurrence on 17-3-2003 the informant and other police forces were on duty and at about 23-15 PM they appeared at the rear side of House No.18, adjacent to the field of I..Category: Criminal Law | Date: | Hits: 75
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....at the cost of the Office immediately for information and compliance with the same. However, there would be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 124. ......he Authority shall be designated as the ‘Building Official, who shall act on behalf of the Authority. The Building Official may designate an employee or employees, who shall carry out the specified duty and exercise the specified power of the Building Official. 51. Section 2.1.2 of this Chapter..Category: Labour and Industrial Law | Date: | Hits: 163
Jewel Vs. State, 2005, 34 CLC (HCD)
..... 1908 and he is acquitted of the charge. Send down the lower Court's records at once with a copy of the Judgment for information. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 310. ......trial is that on 11.5.1988 at 08.00 A.M. P.W.1 S.I. Monir Uddin with S.I. Ferdous Ahmed and S.I. Abdul Hannan (P.W.6), Constable Harunur Rashid, Constable Abdul Baten (P.W.5) went on emergency patrol duty, at about 12.30 A.M. they received on information to the effect that 15/20 persons being armed ..Category: Criminal Law | Date: | Hits: 85
Md. Habibur Rahman Chowdhury Vs. State and anothÂer, 2010, 39 CLC (HCD)
....of the Rule is hereby vacated. Communicate a copy of this Judgment to the trial Court immediately. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 182. ......at crossed 'account payee' cheque is not a negotiable instrument. Section 123A of the Act proÂvides that when a cheque is crossed as 'account payee' it shall cease to be negoÂtiable and it shall be duty of the banker colÂlecting payment of the cheque to the credÂit the proceeds thereof only to t..Category: Criminal Law | Date: | Hits: 138
Category: Labour and Industrial Law | Date: | Hits: 265
Abdur Jabbar Sheikh Vs. Md Rafiqul Islam and others, 2010, 39 CLC (HCD)
....side and that of the trial court is restored. However, there shall be no order as to cost. Send the LCR back to the courts below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 470. ......tion that earlier the seller has received Tk. 18,000,00 no sort of stateÂment was made in the Saf kabala that there exists any Bainapatra dated 01.01.1979 for which the learned appelÂlate court was duty bound to find that the said Bainapatra is a spurious docuÂment, only created in collusion with..Category: Property Law | Date: | Hits: 119
AKM Fayekuzzaman Vs. State and another, 2010, 39 CLC (HCD)
....rcumstances of the present case, we are of the view that thus is a fit case for exercising its discretion as the complainant opposite party Rejina Begum has committed double fraud as she withdrew the excess money of the accused petitioner using seven cheques and secondly she converted the present tw......charges against him under section 265D of the Code. Even if now cases are sent to the Court of Sessions upon a charge sheet or otherwise under section 265C of the Code of Criminal Procedure it is the duty of the Court of Sessions to discharge those accused against whom it appears to the Court from t..Category: Criminal Law | Date: | Hits: 99
Sohel Monir Vs. State, 1996, 25 CLC (HCD)
....pon the appellant is hereby set aside and the appellant is acquitted of the charge. The appellant is discharged from his bail bond. Ed. This case is also Reported in:49 DLR (HCD) (1997) 407. ......fine of Taka 20,000.00 in default to suffer simple imprisonment for one year along with another. 2. The prosecution case, in brief, is that, one Azizur Rahman Talukder, Inspector of Customs was on duty in transit lounge area, Zia International Airport on 10‑9‑91 at about 1‑30 hours and at t..Category: Criminal Law | Date: | Hits: 100
State Vs. Kamal Ahmed, 1997, 26 CLC (HCD)
....d appellant Mofazzal Ali Haider @ Md. Haider Ali under section 120B of the Penal Code is set aside and he is acquitted of that charge. Ed. This case is also Reported in:49 DLR (HCD) (1997) 381. ...... complexion and the other one was of dark complexion. He then said Dr. Mamunur Rashid stated to him that when the dacoits started running towards the east the local people present there and police on duty chased them and after a while they brought the two dacoits. P.W.4 Aftab Hossain did not state i..Category: Criminal Law | Date: | Hits: 131
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....sued by this Court so far other accused persons of the case are concerned is hereby vacated. The Rule is accordingly made absolute. Ed. This case is also Reported in:49 DLR (HCD) (1997) 373. ......c of Bangladesh Bangabandhu Sheikh Mujibur Rahman, on 2‑10‑96 filed a written First Information Report at Dhanmondi PS alleging, inter alia, that in the night following 14th August 1975 he was on duty at the residence of the then President Sheikh Mujibur Rahman situated at No.677 of, Road No.32,..Category: Criminal Law | Date: | Hits: 107
Md. Nazrul Islam Mollah alias Nazrul Islam Mollah Vs. State and anothÂer, 2009, 38 CLC (HCD)
....scharged. Stay granted earlier by this Court at the time of issuance of the Rule is hereby vacated. Md. Abdus Samad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 103. ......the Code. 15. When a statute requires that someÂthing shall be done or done in a particular manner or form declaring what shall be the consequence, it shall be regarded as imperaÂtive. It is the duty of the Court of justice to try to get at the real intention of the legislature. 16. As in th..Category: Criminal Law | Date: | Hits: 108
Md. Aktar Hossain and others Vs. Capital Tower (Pvt.) Ltd. and others, 2008, 37 CLC (HCD)
....der inform the Respondent No.10, Registrar of the same and send him a certified copy of the same. 17. There is no order as to costs. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 265. ......t. Mr. Badrudduza's arguÂment in response that the agreement is not in evidence of any participatory role played by a representative of the Petitioners simply because the Petitioners failed in their duty to name such representative and that in fact a confirmation of the prospective sale would be so..Category: Company Law | Date: | Hits: 177
Azizul Hossain Mondal Vs. State, 2007, 36 CLC (HCD)
....e set at liberty forthÂwith if not wanted in connection with any other case. Send down the L.C.R. at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 241; 13 BLC (HCD) (2008) 565. ......oubt not as a matter or grace but as a matter of right………………………(35) The Court is to examine the entire evidence carefully and must distinguish the chaff from the grain. It is the duty of the Court to disengage the truth from falsehood……………………(36) Tribunal adju..Category: Criminal Law | Date: | Hits: 108