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Atiquzzaman Khan (Md) Vs. State, 2005, 34 CLC (AD)
....ty thousand) is reduced to Taka 5,000 (five thousand) since the appellant has already deposited Taka 13,866 on 28‑2‑1983 out of misappropriated amount of Taka 18,812.90. Ed. ......misappropriation of Taka 18,812.90 by the appellant in his capacity as Sub Registrar, Sadullapur Sub‑Registrar’s Office in the district of Gaibandha the appellant was prosecuted and after recording evidence the learned Divisional Special Judge convicted him as already mentioned above. Be......ication was published in any national daily and, as such, the trial became illegal and without jurisdiction. The other grievance raised by the learned Advocate is that admittedly the appellant was in service during the whole process of the trial starting from lodging of the first information report ..Category: Criminal Law | Date: 4 Dec, 2004 | Hits: 78
Regent Ken International Ltd Vs. Amanat Shah Ship Breaking Industries Ltd, 2004, 33 CLC (HCD)
....ndant-petitioner, through his local agent, namely Viking Associates Ltd., by means of hanging on their premises since they refused to accept the notices. This Court, having found that the service was good, decreed the suit ex parte as no one appeared to defend the same. 3. Mr. Md. Moksadul Isla......He submits that in such circumstances the agency agreement with Viking Associates Ltd. would certainly have ceased, at the latest when they filed a suit against the owner. He further submits that the record shows that Viking Associates Ltd. refused to accept the summons on behalf of Regent Ken Inter...... Case are that the opposite party as plaintiff, instituted Admiralty Suit No.5 of 2004 against the vessel MV Accord for recovery of Taka 1,83,62,477 for the supply of necessaries as well as for their services tendered to the vessel. Service of notices was effected upon the defendants, including the ..Category: Admiralty Law or Maritime Law | Date: 30 Nov, 2004 | Hits: 6
....nction was not necessary.
11. We have carefully considered the submissions made by the learned Advocates on both the sides and we are of the view that the contentions raised by Mr. Rahman have a good deal of force. Refusal to accord sanction by the impugned letter dated 22‑4‑04, Annexure‑......f released from the said criminal cases from the court through legal battle including the said detention case.
3. The Chief Metropolitan Magistrate Dhaka by order dated 1‑12‑03 sent the case records the one Md. Sujayat Ullah, Metropolitan Magistrate, for a judicial inquiry who after receivi......made absolute in part without any order as to costs. The respondent No.4 is directed to proceed with the case in accordance with law.
Ed.
This Case is also Reported in: 57 DLR (2005) 730.
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Category: Anti-Corruption Laws, Criminal Law | Date: 10 Nov, 2004 | Hits: 8
Haider Ali and ors. Vs. State, 2004, 33 CLC (AD)
....those who came to the place of occurrence to rescue the victim. In view of our above discussion we fined no substance in this appeal and accordingly it is dismissed. Ed. ......ged and ultimately charge‑sheet was submitted against the appellants. Charge was framed against them under sections 302/149 of the Penal Code and trial Court on consideration of the evidence on record found them guilty of the charge and sentenced each of them to imprisonment for life as mentio......those who came to the place of occurrence to rescue the victim. In view of our above discussion we fined no substance in this appeal and accordingly it is dismissed. Ed. ..Category: Criminal Law | Date: 4 Nov, 2004 | Hits: 102
Dr. Alauddin Ahmed Vs. Md. Idris Ali Bhuiyan and others, 2004, 33 CLC (AD)
....r that the impugned order calls for our interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 14. ...... election booths, driving out of the appellant's agents, snatching away of the ballot papers or dropping the same, stamping the symbol of boat on the ballot papers were false. The High Court Division recorded evidence and heard argument of the parties till 22‑10‑2003 and on that dates the respon......r that the impugned order calls for our interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 14. ..Category: Election Law | Date: 30 Oct, 2004 | Hits: 142
Firoz Chokder Vs. State, 2004, 33 CLC (HCD)
....oksedpur District-Gopalgonj be set at liberty if not wanted in any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 85. ...... submitted charge sheet against the petitioner under section 7 of the Nari-Shishu Nirjatan Daman Ain 2000 and final report against-4 accused persons on 1.8.2001. The Magistrate transmitted the case record to the Nari-O-Shishu Nirjatan Damon Bishesh Adalat, Chandpur and cognizance was taken charg......oksedpur District-Gopalgonj be set at liberty if not wanted in any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 85. ..Category: Women and Children | Date: 27 Oct, 2004 | Hits: 7
Shamsul Haque (Md) Vs. Amina Khatun and others, 2004, 33 CLC (AD)
....s been miscarriage of circumstances and this requires interference by us. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 23....... in this respect in the absence of any specific averment to the contrary. 16. Mr. Neogi next submitted that superior court would be reluctant to send back a case on remand if on the materials on record the case may be disposed of by it. In our view there is substance in this submission of Mr. N......s been miscarriage of circumstances and this requires interference by us. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 23...Category: Civil Law | Date: 31 Aug, 2004 | Hits: 156
Hasina Begum Vs. Deputy Commissioner, Dhaka and others, 2004, 33 CLC (HCD)
....understand the legal effect of an order particularly an executory order of the martial law authority after revocation of the Martial Law and restoration of the Constitution. It is now well settled by good authorities that after revocation of the martial law and restoration of the Constitution, all t......isappointed and frustrated, she was constrained to institute the suit. 11. By amendment of the plaint, she also stated that she got her name mutated by order dated 19‑392 both in the land record as well as in the Dhaka City Corporation. 12. Defendant No.1 first alone then jointly wi......ng sentence, defendant No.2 asked defendant No.3, General Certificate Officer, Dhaka to commence a certificate proceeding. Accordingly, Certificate Case No.17 of 1986 was started without however, any service of statuary notice upon said defendant No.4, the suit property was attached and then, placed..Category: Others | Date: 15 Aug, 2004 | Hits: 3
Yusuf Chowdhury (Md.) Vs. Administrator of Waqf and others, 2004, 33 CLC (HCD)
....nd of CS plot No.609 appertaining to CS Khatian Nos.208/198 was not waqf is thereby upheld. Send down the LC Record. Ed. This Case is also Reported in: 57 DLR (2005) 738. ......plication for enlistment of 6.49 acres of land including land of RS plot No.460 of RS Khatian No.449. After local investigation, the Inspector submitted a report dated 22‑9‑92. Said land was also recorded in SA and BS khatian as waqf. His application was based on the premise that he had no knowl......nd of CS plot No.609 appertaining to CS Khatian Nos.208/198 was not waqf is thereby upheld. Send down the LC Record. Ed. This Case is also Reported in: 57 DLR (2005) 738. ..Category: Trust/Waqf Law | Date: 11 Aug, 2004 | Hits: 1
Jane Alam (Md.) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....for deep sea fishing on 27‑8‑2003. In this connection the petitioner obtained fitness certificate of the said Trawler from respondent No.5 and in this way the petitioner maintained his Trawler in good operational condition as it was a requirement for licence. In course of 16 trial trips by his a......nce to the aforesaid Trawler of the petitioner. In accordance with law within 60 (sixty) days from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 305. ......nce to the aforesaid Trawler of the petitioner. In accordance with law within 60 (sixty) days from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 305. ..Category: Admiralty Law or Maritime Law | Date: 10 Aug, 2004 | Hits: 4
State Vs. Md. Arab Ali, Ex-Manager, Rupali Bank and others, 2005, 34 CLC (AD)
....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. ......respondent Nos. 1‑3 and 2 others under sections 467, 468, 471,201, 109 and 409 of the Penal Code as well as under section 5(2) of the Act II of 1947. The Court of Special Judge on receiving the records registered the Special Case No. 12 of 1985. Since the petitioner at the relevant period i.e....... was the Manager of the Rupali Bank, Branch at Fakirapool while the said Bank was a nationalised Bank. Respondent Nos. 2 and 3 are the wives of the respondent No.1. Respondent No.1 was dismissed from service for resorting to corruption. He filed Title Suit No. 2 of 1989 and the same was decreed on J..Category: Criminal Law | Date: 10 Aug, 2004 | Hits: 84
Ayub Ali Chowdhury Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....nbsp; ......as no enquiry in the eye Wow In that view of the matter, he submits, the penalty imposed upon the petitioner should be declared illegal. 7. None appears on behalf of the respondents although the record shows that the notices were duly served. 8. We have gone through the petition and also h......ord shows that the notices were duly served. 8. We have gone through the petition and also heard the learned Advocate on behalf of the petitioner. It appears that while the petitioner was in the service of the Islamic Foundation a notice to show cause containing several charges was issued on 30..Category: Employment/Service Law | Date: 8 Aug, 2004 | Hits: 3
....dant company. But the record shows otherwise.
40. We find all the charge documents, namely, promissory note, demand promissory note, letter of arrangement, letter of continuity, hypothecation of goods, etc., irrevocable power of attorney and letters of guarantee were dated 18‑1‑82 for a pri......ocuments adduced by the bank were marked as exhibits 1 to 17 while those of the defendants were marked as exhibit 'Ka’ to ‘La‑7.
16. From the evidence, oral and documentary, on record learned Subordinate Judge dismissed both the suits but allowed counter‑claim in part of Tak......herefore necessarily be in terms of Cf: State of Gujarat Vs. Shantilal Mangaldass, AIR 1969 SC 634, Compensation connotes equivalency, which adequately remunerates for a loss or deprivation, or for a service rendered, though under a statutory definition, it may indicate not what constitutes, but wha..
Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4
SM Salim Vs. Chairman, Chittagong Club Ltd. and others, 2005, 34 CLC (AD)
....p; 3. That the case of the petitioner is that he was initially appointed as an Electrician under the second party. He was, thereafter, promoted to the post of Electrical Supervisor. He had a good service career. He was elected Assistant General Secretary of the employees union. He was als......bmits that the learned Judges of the High Court Division erred in law in not considering that the termination, in fact, was dismissal under the garb of termination, inasmuch as it appears from the record that the petitioner was the General Secretary of the employees Union and he took active ......pposite party respondent Nos. 1‑2 (Writ Petition No.2580 of 2000) before the opposite party respondent No.3 challenging the order dated 29‑6‑1999 terminating the petitioner's service from the office of the opposite party‑respondent No.1 along with a prayer for arrear ..Category: Employment/Service Law | Date: 1 Aug, 2004 | Hits: 100
State Vs. Md. Amir Hamza, 2004, 33 CLC (AD)
....the discussion made above we do not find any substance in the leave petition. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 26. ......er of the learned Judge of the Tribunal. Hence is this petition. 3. In support of the petition, Mr. Abdur Razaque Khan,learned Additional Attorney-General, has taken us through the materials on record and submits, inter alia, that there is error in the impugned judgment and order inasmuch as t......the discussion made above we do not find any substance in the leave petition. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 26. ..Category: Criminal Law | Date: 31 Jul, 2004 | Hits: 115
Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)
....of the bainapatra only Taka 7,00,000 was paid. The appellant put his signature in the bainapatra though he did not receive Taka 17,00,000 at the time of its execution. It transpires that appellant on good faith put his signature in the bainapatra though he did not receive the total amount. In such c......from the date of communication of the receipt of the LCR by the lower Court to the defendant-appellant. 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. ......ase 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 pay any amount to the appellant. On 20‑12..Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....nd and also the defendant No.3. He also possesses an area of excess 12 decimal of land adjacent to his house and, as such, he is in the possession of 12+7=19 decimals of land and thus, has acquired a good title by his adverse possession. He was never a tenant under the plaintiff. The plaintiff may h......ee of the lamed trial Court and remanding the suit back to the trial Court with direction to the Learned Munsif to give an opportunity to the plaintiff to amend, her plaint. On 25‑2‑1985 the case record was received by the trial Court from the appellate Court back on remand and the learned trial......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)
....f stay granted at the time of issue of the Rule on 4‑9‑02 is recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 626. ......ess of the award or not in accordance with the award. 33. In the case before us, we find that learned Subordinate Judge says that he read relevant provision of Arbitration Act, the award and the record. It found that the disputes were rightly resolved. There were no irregularities and no party ......f stay granted at the time of issue of the Rule on 4‑9‑02 is recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 626. ..Category: Arbitration Law | Date: 27 Jul, 2004 | Hits: 8
Rajdhani Unnayan Kartipakhya (RAJUK) Vs. Jahanara Begum & others, 2004, 33 CLC (AD)
....UK would make allotment to the writ petitioner, otherwise not. The direction of the High Court Division is modified as above. The petition is disposed of. Ed. This Case is also Reported in:...... starting LA Case Nos. 138 of 1961‑62, 91 of 1957‑58 and 26 of 1959‑60 for the establishment of Residential Model Town and for making the acquisition final award was prepared in the name of the recorded tenants, that Government made policy decision for rehabilitation of the affected persons by......UK would make allotment to the writ petitioner, otherwise not. The direction of the High Court Division is modified as above. The petition is disposed of. Ed. This Case is also Reported in:..Category: Property Law | Date: 21 Jul, 2004 | Hits: 133
Abdul Malek Sawdagar Vs. Md. Mahbubey Alam and others, 2004, 33 CLC (AD)
....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. ......her therefrom. The predecessor of the plaintiffs accordingly, continued in their possession in the suit land as before on payment of rent and after State Acquisition and Tenancy Act the suit land was recorded in the name of plaintiffs father without any objection from any quarter whatsoever and subs......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
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