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Chairman, Bangladesh Parjatan Corporation and others Vs. Md. Shafiqul Islam and others, 2010, 39 CLC (AD)

....ended that the High Court Division fell in an error in direct­ing to reinstate the writ petitioner despite finding that he had kept with him huge amount of public money with­out depositing with the bank account, which conduct amounted to misappro­priation of money. It is further contend­ed that ...... ADC (2011) 645. ......eparation of the Paper book is dispensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 645. ..

Category: Employment/Service Law | Date: | Hits: 109

Agrani Bank Limited Vs. M/S. Kalipada Saha & Brothers and others, 2011, 40 CLC (AD)

....es­sors of the respondents, namely, Kalipada Saha, and Brojendra Nath Saha, had a business house under the name and style M/S. Kalipada Saha and Brothers and they had transactions with the plaintiff-bank from the year 1983. On the prayer of Kalipada and Brojendra Kumar Saha, the plaintiff-bank sanc......n Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Agrani Bank Limited………………………………………………….Petitioner Vs. M/S. Kalipada Saha & Brothers and others………………..Respondents Judgment June 22, 2011. Result: The petition i......of fact arrived at by the appellate Court, consequently, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 637...

Category: Civil Law | Date: | Hits: 55

Kudrat‑E‑Elahi Panir and others Vs. Bangladesh, 1991, 20 CLC (HCD)

.... Parishads constituted under the Upazila Ordinance were abolished; (b) all the properties, rights, powers, authorities, facilities, movable and immovable properties, cash money, money deposit in bank and all other claims and rights of the abolished Upazila Parishads were vested in the Governm...... 4. Kudrat‑E‑Elahi Panir (In Writ Petition No. 3002 of 1991)…………………….Petitioners Vs. Bangladesh, through the Secretary, Ministry of Local Government, Rural Develop­ment and Co‑operative (Local Government Division), Government of Bangladesh, Bangladesh Secretariat, D......nterpretation of the Constitution, particularly, Articles 7(2), 8(2), 9 and 59 read with the first item of Article 152(1) thereof. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 179. ..

Category: Constitutional Law | Date: | Hits: 461

Pubali Bank Ltd. Vs. Sultana Oil Mills and Soap Factory and others, 1998, 17 CLC (HCD)

.... ruined during the war of liberation in 1971, including fixtures, fittings and stock from the custody of the plaintiff and for that the defendant made GD entry with the local police station. That the bank was not dutiful and vigilant to protect those valuable goods and materials of the defendants un....... ......der as to costs. The judgment and decree passed by the trial Court is hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 323. ..

Category: Business or Commercial Law | Date: | Hits: 196

Salahuddin (Md.) & others Vs. State, 1997, 16 CLC (HCD)

....iron materials. He gave the aforesaid amount on five instalments. Later on the informant demanded the money lent to the accused persons and the informant was told that repayment would be made through bank cheque and the cheque given by accused was dishonoured. Ultimately, a salish was held and it wa...... collusion with each other took loan of Taka 1,72,00,000.00 from him for the purpose to start a business of iron materials. He gave the aforesaid amount on five instalments. Later on the informant demanded the money lent to the accused persons and the informant was told that repayment would be made ...... 561A Cr.P.C. as the Code under section 265C provides for an alternative remedy. Accordingly, the application is summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 299...

Category: Criminal Law | Date: | Hits: 83

Shahidul Islam Vs. Mahbubul Alam and others, 1999, 18 CLC (HCD)

....r and Printer of the aforesaid two newspapers to show cause as to why they should not be punished for committing contempt of this Court for publishing news item under the heading ‘Mystery of secret bank papers in the hands of unauthorised people’ in the Independent and ‘Rin Parishode Prati ban......High Court Division (Special Original Jurisdiction) Present: Kazi Ebadul Haque J Md. Muzammel Hossain J Shahidul Islam………………………….Petitioner Vs. Mahbubul Alam and others…………………………….Opposite Parties Judgment August 10, 1999. Resu......ified apology with the above direction to publish this judgment on the front page of the respective newspaper within 15 days from date. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 485...

Category: Criminal Law | Date: | Hits: 69

Shaikh Jahangir Hossain Vs. Government of Bangla­desh and others, 2001, 30 CLC (HCD)

....e documents embodying an agreement dated 3‑5‑1992 in respect of 'kha' schedule land which was marked as Exhibit 2 series, that he deposited 25% as advance in respect of each of the plots, through bank drafts for Taka 3,93,070 in respect of 'ka' schedule land and Taka 2,37,505 in respect of 'kha'......ellate Jurisdiction) Present: ABM Khairul Haque J K Musa Khaled J Shaikh Jahangir Hossain…………………………………..………..Appellant Vs. Government of Bangla­desh and others................Respondents Judgment November 12, 2001. Result: The suit for s......udgment be forwarded, to the learned Judge wherever he is posted now, for his future guidance. Send down the lower Court records at once. Ed. This Case is also Reported in: 55 DLR (2003) 405. ..

Category: Civil Law | Date: | Hits: 82

Almas Miah Vs. State, 2002, 31 CLC (HCD)

....l Code. Section reads as hereunder, 489B. "Whoever sells to, or buys or receives from, any other person, or otherwise traffics in or uses as genuine, any forged or counterfeit currency note or bank‑note, knowing or having reason to believe the same to be forged or counterfeit, shall be puni...... Result: The appeal is allowed. Jail Appeal No. 3363 of 2001. Judgment Md. Abdur Rashid J.-This appeal was presented under section 420 of the Code of Criminal Procedure against judgment and order dated 2‑7-­2001 passed by Mr. Abul Hossain Khandokar, Assistant Sessions Judge, Court N......ppellant is acquitted from the charge. Let the appellant be set at liberty if he is not wanted in any other case. Send down the records. Ed. This Case is also Reported in: 55 DLR (2003) 403. ..

Category: Criminal Law | Date: | Hits: 87

Bangladesh Chemical Industries Corporation (BCIC) and another Vs. Zia Fertilizer Company Limited Workers and Employees Union and others, 2011, 40 CLC (AD)

....all file the concise statement to make the appeal ready for expeditious hearing. The appeal is fixed for hearing on 23rd August, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 567. ......ra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Muhammad Imman Ali J Muhammed Mamtaz Uddin Ahmed J Md. Shamsul Huda J Bangladesh Chemical Industries Corporation (BCIC) and another ..........Petitioners Vs. Zia Fertilizer Company Limited Workers and Employees Uni......all file the concise statement to make the appeal ready for expeditious hearing. The appeal is fixed for hearing on 23rd August, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 567. ..

Category: Company Law | Date: | Hits: 366

Janab Ali & others Vs. Arju Miah & Others, 1991, 20 CLC (HCD)

....r‑in‑charge, Lakhai, was appointed receiver thereof who used to grow paddy through defendant No.5 and the said receiver was depositing the sale proceeds of paddy grown on the suit land in a local bank. 3. Pending hearing of the suit for permanent injunction the plaintiffs also prayed for temp......ers…………………Opposite Parties. Judgment August 21, 1991. Result: The Rule is made absolute. Case Referred to- Commissioner for the Port of Calcutta Vs. Suraj Mull Jalan and others, 1928 AIR Calcutta at 464. Lawyers Involved: Azizur Rahman Chowdhury, Advocate ‑ ......ithout any order as to costs. The learned Assistant Judge will proceed with the main suit for permanent injunction according to law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 656...

Category: Property Law | Date: | Hits: 61

Agrani Bank Vs. Artha Rin Adalat and others, 2003, 32 CLC (HCD)

....d that Artha Rin Adalat has been set up under the Artha Rin Adalat Ain, 1990 with a judicial officer as presiding officer for adjudication of claim of loan by the financial institutions which include banks. No special procedure has been provided for trial of Artha Rin suits under the said Ain. But t......me Court High Court Division (Special Original Jurisdiction) Present: Md. Awlad Ali J Mir Hashmat Ali J Agrani Bank………………………Petitioner Vs. Artha Rin Adalat and others…………..Respondents Judgment March 19, 2003. Result: The writ petition ......our considered view is that the Writ Petition against the impugned order is not maintainable. The writ petition is thus summarily rejected. Ed. This Case is also Reported in: 55 DLR (2003) 389. ..

Category: Administrative Law | Date: | Hits: 200

Rezaul Karim (Md.) Vs. State, 2002, 31 CLC (HCD)

.... jumped to a tank. The informant could identify accused Kashem in the light of burning lantern. Kashem opened two rounds of fire upon him and at the same time another shot also came from the northern bank of the tank. He found that 2/3 criminals were running towards the house of his brother, Abu Bak......tar Ali Vs. State, 3 BLC (AD) 53; Bhuboni Safer Vs. the King ILR, 76 India Appeals 147; Lutfun Nahar Begum Vs. State, 27 DLR (AD) 29; Babar Ali Mollah Vs. State, 44 DLR (AD) 10; State Vs. Mukhtar Ali and another, 10 DLR 155; Emran Ali alias Md. Emran and others Vs. State, 37 DLR. Lawyers Involve......t liberty forthwith if not wanted in connection with another case. Send down the LC record with a copy of­ this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 382. ..

Category: Criminal Law | Date: | Hits: 71

Bangladesh Sugar and Food Industries Corporation Vs. Md. Kashem and others, 2002, 31 CLC (HCD)

....0‑3‑1995 passed by the Subordinate Judge, 3rd Court, Dhaka, in Title Suit No. 144 of 1975 are hereby set aside and the suit be dismissed. Ed. This Case is also Reported in: 55 DLR (2003) 350.......it be dismissed. Ed. This Case is also Reported in: 55 DLR (2003) 350.......0‑3‑1995 passed by the Subordinate Judge, 3rd Court, Dhaka, in Title Suit No. 144 of 1975 are hereby set aside and the suit be dismissed. Ed. This Case is also Reported in: 55 DLR (2003) 350...

Category: Property Law | Date: | Hits: 122

Chairman, National Housing Authority Vs. M/s. MR. Trading Co. and others, 2011, 40 CLC (AD)

....-. As per ten­der document, ext-ka, in paragraph 9, it is a condition precedent that the contractor was required to deposit 10% performance guar­antee of the accepted contract amount in the form of bank guarantee valid for a peri­ods of 30 days beyond the date fixed for the completion of works. T......l Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Chairman, National Housing Authority ............................Appellant Vs. M/s. MR. Trading Co. and others ....................................Respondents Judgment June 2, 2011. Result: ......he plaintiff. The appeal is, therefore, allowed with­out any order as to costs. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: VIII ADC (2011) 544. ..

Category: Civil Law | Date: | Hits: 73

AKM Mukhlesur Rahman Vs. State, 1991, 20 CLC (HCD)

....lled against him and he is acquitted of same. He is discharged from his bail bond. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 626.......StateMohammad Sarwar Vs. State, 21 DLR (SC) 182; Bangladesh Vs. Abdur Rahman, 1982 BCR 367; Abdul Jabbar Vs. The State, 37 DLR 278; Emperor Vs. Anwar Ali, 1948 AIR (Lahore) 27; Rao Shiv Bahadur Singh and another Vs. State of Vindh‑P, 1954 AIR (SC) 322. Lawyers Involved: Serajul Huq with Zulm......lled against him and he is acquitted of same. He is discharged from his bail bond. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 626...

Category: Criminal Law | Date: | Hits: 90

Globe Bruges Ltd. Vs. Arab Bangladesh Bank Ltd. And others, 2011, 40 CLC (AD)

....e appeal on assigning proper reasons. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 483. ......structed by Zohirul Islam, Advocate-on-Record-For Respondent No.7. Not Represented-For Respondent Nos. 3-6 & 8-10. Civil Petition for Leave to Appeal No. 548 of 2010. (From the judgment and order dated 7.1.2010 passed by the High Court Division in Firs! Appeal No.78 of 2007.) Judgme......e appeal on assigning proper reasons. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 483. ..

Category: Civil Law | Date: | Hits: 93

Anti Corruption Commission Vs. M.A.H. Salim and others, 2011, 40 CLC (AD)

....cted from the judg­ment and order of the High Court Division in a writ petition filed at the instance of the accused respondent declaring an order of the Chief Metropolitan Magistrate freez­ing the bank account of the writ petitioner to have been passed without lawful authority and is of no legal ......ra Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Anti Corruption Commission rep­resented by it's Chairman, 1, Segunbagicha, Dhaka……………….Petitioner Vs. M.A.H. Salim and others …………………………….......Respondents Order February 24, 2011. Res......one week of submission of the appellant's of concise statement. The parties are at liberty to mention the matter for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 474. ..

Category: Criminal Law | Date: | Hits: 136

Abul Ahsan Joardar Vs. Kazi Misbahul Alam, 1992, 21 CLC (HCD)

....e order of stay granted by this Court is vacated. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 606. ......¦Petitioner Vs. Kazi Misbahul Alam……………………Opposite Party Judgment November 30, 1992. Result: The Rule is made absolute. Cases Referred to- Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 38 DLR 4; Ansaruddin Molla Vs. Hamed Molla and others, 18 DL......e order of stay granted by this Court is vacated. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 606. ..

Category: Criminal Law | Date: | Hits: 98

Eurco Explorer Co. Ltd. Athens Greece and others Vs. Grain Bank Ltd., 1992, 21 CLC (HCD)

....Authority for the alleged loss. The petitioners stated further that under compelling circumstances and to minimise heavy financial loss and to release the vessel immediately from attachment furnished bank guarantee. 5. Mr. M. Hafizullah, appearing in support of the Rule, vehemently canvassed that......(HCD) (1993) 591. ......equent upon the illegal impugned order. In the result, the rule is made absolute. The parties are to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 591. ..

Category: Civil Law | Date: | Hits: 75

Munsur Fakir and others Vs. State, 2003, 32 CLC (HCD)

....d the place of occurrence, he saw Razzak Fakir lying dead but he did not see the accused. The informant told, Fazal Fakir stabbed Razzak. Then, he and Shorab Mollah took the dead body and kept at the bank of the pond. 13. PW 6 Pannu Fakir, the injured testified that on 29 'Bhadra at about 7‑00 ...... This Case is also Reported in: 55 DLR (2003) 307. ......appellant Mansur Fakir be set at liberty forthwith if he is not wanted in connection with any other case. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 307. ..

Category: Criminal Law | Date: | Hits: 60