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State Vs. Md. Arab Ali, Ex-Manager, Rupali Bank and others, 2005, 34 CLC (AD)
....he Criminal Law Amendment Act, 1958 to even suggest that previous sanction is necessary before a Court takes cognisance of the offence in case of a person who has ceased to be a public servant at the time the Court took cognisance although he had been such a person at the time the offence was commit......rt Division was in error in quashing the proceeding of the Special Case No. 12 of 1985 of the Court of Divisional Special Judge, Dhaka. Accordingly, the appeal is allowed. Ed. ..Category: Criminal Law | Date: 10 Aug, 2004 | Hits: 84
Ayub Ali Chowdhury Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....ইফাঃ প্রশাঃ/তদন্ত-২০(৬)৩৪৯/২০০২/২১১ dated 24‑7‑2003 (Annexure-R). 3. Being aggrieved, the petitioner obtained the present Rule. At the time of issuance of the Rule the operation of the impugned order was stayed for a period of 4(Four) ......nbsp; ..Category: Employment/Service Law | Date: 8 Aug, 2004 | Hits: 3
....lso along with defendant Nos.2 and 3 executed bank guarantees.
4. On the prayer of defendant No.1, the plaintiff bank sanctioned overdraft facilities against CD account No.4106, which was at the time converted into as SOD account No.01038098 and said defendant company enjoyed overdraft faciliti......date of institution of the suit the bank was not sure that the property was really mortgaged. Is it the reason for which the plaint was framed as a title suit? How prayers for interlocutory order for appointment of receiver, temporary in unction, etc. could be included in the relief sought for in th..
Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4
Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)
....telephone that he is not getting the loan case in the office of the House Building Finance Corporation. At this appellant became anxious as the information given to him was not believable. In the meantime father of the plaintiffs went away in service to Saudi Arabia. Before his departure he did not ......ellant. If no deposit is made within that period the appeal stands dismissed. Let the lower Courts records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 310. ..Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....se of acquiring title by adverse possession, the possessor has to remain in an uninterrupted possession for the full period of 12 years. If the adverse dispossession discontinued, for however short a time before he completes his title, his previous possession, loses its value………......t No.5 of 1985 is hereby upheld. Send down the lower Court's Record at once. Ed. This Case is also Reported in: 57 DLR (2005) 702. ..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
Chairman, RAJUK Vs. MN Alam and Associates Limited, 2004, 33 CLC (HCD)
....under section 14 (2) of the Arbitration Act for making the award Rule of Court and the application was registered as Title Suit No.1 of 1999. 4. On 3‑2‑99 the RAJUK appeared and after taking time, ultimately on 8‑3‑2000 filed an objection to the award. By order dated 7‑5‑2000 the ob...................Respondent Judgment July 27, 2004. Result: The Appeal is allowed and Rule is disposed of. In the circumstances and on the failure of the parties to concur in the appointment of an arbitrator, only course open to a party to the contract was to move the Court unde..Category: Arbitration Law | Date: 27 Jul, 2004 | Hits: 8
MM Ishak Vs. State and another, 2004, 33 CLC (HCD)
....oner of Criminal Miscellaneous Case No. 426 of 2004, submits that the allegations made in the first information report are vague and indefinite. There is no allegation that on any particular date and time in any manner the accused husband, petitioner Ishak caused hurt to the informant wife for dowry...... Nari‑o‑Shishu Nirjatan Daman Tribunal No. 4, Dhaka, is hereby quashed. Communicate this judgment to the concerned Tribunal at once. Ed. This Case is also Reported in: 56 DLR (2004) 516. ..Category: Women and Children | Date: 25 Jul, 2004 | Hits: 156
Abdul Malek Sawdagar Vs. Md. Mahbubey Alam and others, 2004, 33 CLC (AD)
....g cases: (a) where it does not disclose a cause of action; (b) where the relief claimed is undervalued, and the plaintiff, on being required by the Court to correct the valuation within a time to be fixed by the Court fails to do so; (c) where the relief claimed is properly valued,......rts concerned, which would independently dispose of the same on the materials, evidence in the suit and in accordance with law. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 18. ..Category: Civil Law | Date: 20 Jul, 2004 | Hits: 160
....aka 16,00,000 to the accused-petitioner in pursuance of the agreement Ext 1 and on failure to implement the terms of agreement Taka 2,00,000 compensation was to be paid by the accused and at the same time the complainant has also the liability to pay another Taka 2,00,000 to the accused. The amount ......ion the Rule is discharged.
Sent down the Lower Court Records along with a copy of this judgment to the concerned court at once.
Ed.
This Case is also Reported in: 57 DLR (2005) 603.
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Category: Banking Law, Criminal Law | Date: 19 Jul, 2004 | Hits: 3
M. A. Mazid and another Vs. The Chairman, Chittagong Port Authority and others, 2006, 35 CLC (AD)
....f as a respondent in the rule and filed an application with an information to the Court that the Bank guaranteed furnished by the writ-petitioner purported to have been issued by the said Bank at the time of getting the vessel released from the Port were not genuine. No such bank guarantee was issue......equires adjudication of factual aspect by evidence" in the impugned judgment is hereby expunged. With above expunction of the redundant observation, this petition is dismissed. Ed. ..Category: Fiscal/Taxation Law | Date: 18 Jul, 2004 | Hits: 109
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
.... 76 decimals of land of said plot No.274 to Juthisthir Das Poddar and Arjun Das Podder and delivered possession. Both Juthisthir Das Poddar and Arjun jointly lived with brother Bhim Das Poddar at the time. Said brothers acquired the land with the income of the joint family. Bhim Das Poddar died leav......f the trial Court restored. The suit is decreed as prayed for. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 774. ..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....8209;1960. The further case of the plaintiff was that Abu Siddique Mazumder was friendly with the plaintiff from before and since the plaintiff could not come to Rangpur from India at the relevant time for the purpose and since he had none to look after his properties the plaintiff appointed Abu......ment of the High Court Division is not at all a proper Judgment of reversal. Accordingly, the same is liable to be interfered with. The appeal is thus allowed with cost. Ed. ..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Mukul Vs. State, 2004, 33 CLC (AD)
....tion through the evidence of PW 1 has established the fact of demand of dowry by the condemned prisoner, that the case of alibi i.e. absence of the condemned prisoner from the house at the relevant time, was not established by the reliable evidence, that petitioner's contention that as prosecuti...... 22. In the background of our discussions made hereinabove as review cannot be granted for merely reexamination of the same argument, the petition for review is dismissed. Ed. ..Category: Criminal Law | Date: 10 Jul, 2004 | Hits: 100
Hafez Abdus Salam Vs. Syed Fazlul Quader and another, 2004, 33 CLC (HCD)
....memo of appeal is appealable. He cited Suraj Pal Pandey and others Vs. Uttim Pandey and others, AIR 1922 Patna 281. 11. He further submitted that the appellate Court had no jurisdiction to allow time for filing deficit court fees exceeding 21 days in view of the proviso to rule 11 of Order VII ......onnected Civil Rule 550(FM) of 2003 is accordingly, discharged with cost. Communicate the order at once. Ed. This Case is also Reported in: 57 DLR (2005) 640. ..Category: Civil Law | Date: 29 Jun, 2004 | Hits: 3
Rajshahi Development Authority Vs. Sultan Ahmed, Advocate and others, 2005, 34 CLC (AD)
....the case, though notice under section 5 of the Act was issued and served as back in 1978‑79 but the formalities as required for decision of the Government was not properly complied with within, time and no notification under section 5(7) of the Act having been published so far within reasonabl......ury, that has been suffered by the writ‑petitioner and is confined to thefacts and circumstances of this case only. The appeal is dismissed without any order as to costs. Ed. ..Category: Constitutional Law | Date: 29 Jun, 2004 | Hits: 232
Abdul Mumin alias Tanu Miah Vs. Mahfujur Rahman and others, 2004, 33 CLC (AD)
....pre-emption under Section 24 of the Non-Agricultural Tenancy Act, 1949. 20. The Appellate Division by majority decision restored the judgment of the trial Court holding that although at one point of time the pre-emptors were the co-sharers of the Khatian No.14 by purchasing land of plot Nos.107 and......on of the land transferred by the heir of Abdul Ghani to the pre-emptees. Accordingly all the appeals are dismissed There is no order as to cost. Ed. This Case is alsoReported in: 1 ADC (2004) 515...Category: Property Law | Date: 28 Jun, 2004 | Hits: 43
ACI Ltd Vs. Square Pharmaceuticals Ltd. and another, 2004, 33 CLC (HCD)
....ected to dispose of the application for temporary injunction within a date fixed and the parties might be directed to maintain status quo till then in modification of the order of stay granted at the time of issue of the Rule. 8. In reply, Mr. Huq readily conceded to such submission of Mr. Mahm...... by 23 August 2004 positively. 16. Parties will maintain status quo as of today till then. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 335. ..Category: Civil Law | Date: 23 Jun, 2004 | Hits: 1
....case, that the plaintiff called Project Manager of the defendant No. 1 as witness but the defendant No. 1 created a situation so that he could not dare to give his evidence, that plaintiff prayed for time to examine the documents for the purpose of giving undertaking but the prayer was refused, that......ot find any reason to interfere with the judgment and order of the High Court Division.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:56 DLR (AD) 166.
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Category: Civil Law | Date: 21 Jun, 2004 | Hits: 321
Abdul Gaffar Chowdhury Vs. Joint District Judge and Artha Rin Adalat & others, 2004, 33 CLC (HCD)
.... filed Mortgage Suit No.26 of 2001 on May, 2001 against the petitioner and his two guarantors for realisation of Taka 42,96,879 as on 30th April, 2001. The petitioner in course of his business at one time fell short of cash flow and applied to the respondent bank by a letter dated 23‑2‑95 to san...... view, not maintainable. The Rule is accordingly, discharged with cost. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 57 DLR (2005) 138. ..Category: Banking Law | Date: 14 Jun, 2004 | Hits: 310
AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)
....2490 persons to 25 cadre services including 8 persons to BCS (Sectt.) Cadre. After the examination the selected candidates joined their respective services during October to December 1983. In the meantime the Public Service Commission issued another Advertisement No. JE‑23/82/239 dated 22‑12‑8......82 (Annexure‑B) inviting applications for recruitment to 650 posts of Magistrate in BCS (Administrative: Administrative) Cadre. In this Advertisement it was stipulated that "Selected persons after appointment to BCS (Admn: Admn) will be placed in the Cadre list after the last person already encad..Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128
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