Search Options
Judgment Advanced Search
Displaying 961-980 of 7294 results.
....xhibits 2 & 4 including "refer to drawer" or whether criminal liability only occurs in the aforesaid two contingencies of dishonour of cheques because return of cheques may be for other good number of reasons also.
19. In these circumstances it ......h the note of objection of the banker "Refer to the drawer" Exhibits 3 & 3(1) in refusing to encash such an amount mentioned in the cheque Exhibit 2.
5. Considering the evidence on record, the learned Magistrate has found the accused-petitioner guilty of the offence punishable und......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.
..
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)
....titioners submitted that the High Court Division failed to appreciate that section 14 of the Ordinance expressly provides for the scale of charges including charges for the storing and keeping of any goods stored, in any premises belonging to the respondent No. 3 and also provides by section 19 for ......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 issued by the Bank as per bank records and no sanction or confirmation of such bank guarantee was given from the Head Office o......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)
....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. ......es. By a registered deed of sale being No.6959 dated 7‑11-51 said Sulaksman, Sudarshan and Sudhangsu transferred said 36 decimals of the suit land to the plaintiff and delivered possession. SA record of rights was accordingly prepared and finally published in her name and she possessed the su......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)
....tyabati Devi and her co‑sharers had properties in the Rangpur town as described in schedule A to the plaint. Satyabati Devi and her co‑sharers were desirous of leaving this country for good and negotiated with the original plaintiff to "change the property described in schedule ......nbsp; When a finding of the trial court can be reversed by the Appellate Court? High Court Division as the final court of fact without considering the evidence and materials on record and without adverting to the reasoning given by the trial court reversed the findings of the......ta he negotiated the transaction with Satish Kamal Sen and others. The defendant No. 1 also filed papers Exhibit Y (9) to show that he also lived at 155 Park Street, Calcutta in connection with his service. 14. It is undisputed that DW 8 Ashraf Hossain at the relevant time was an occ..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Mukul Vs. State, 2004, 33 CLC (AD)
.... 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. ......Appellate Division) Rules, 1988 Rule I Order XXVI in Part IV This provision provides for review of criminal proceedings “ on the ground of an error apparent on the face of the record” and it implies that if such error or errors is/ are allowed to continue injustice wou...... 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
Oriental Bank Ltd. Vs. Rina Alam and another, 2004, 33 CLC (AD)
....nsel for the petitioner to interfere with the impugned judgment of the High Court Division. This petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 51. ......s judicata. The High Court Division was not also unmindful as to the question of res judicata to operate as a bar in the instant suit and the trial Court as well on consideration of the material on record arrived at a finding that the suit is not barred by res judicata. 15. The High Court Divi......nsel for the petitioner to interfere with the impugned judgment of the High Court Division. This petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 51. ..Category: Civil Law | Date: 5 Jul, 2004 | Hits: 171
Roquib Mohammad Fakrul alias Rocky Vs. Md. Abdul Kashem & ors., 2004, 33 CLC (AD)
.... not find any error of law in the said judgment. For the reasons mentioned above, the appeal appears to be bereft of any sustenance. The appeal is, therefore, dismissed. Ed. ......ircumstances and the law allowed the prayer and, as such, the appeal is liable to be dismissed. 5. We have considered the submissions made at the Bar and perused the materials on record. It appears that the accused appellant as well as the informant respondent No. 1 and most o...... not find any error of law in the said judgment. For the reasons mentioned above, the appeal appears to be bereft of any sustenance. The appeal is, therefore, dismissed. Ed. ..Category: Criminal Law | Date: 30 Jun, 2004 | Hits: 80
Hafez Abdus Salam Vs. Syed Fazlul Quader and another, 2004, 33 CLC (HCD)
....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. ......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. ......er rule 17 for non‑appearance of the appellant or rule 15A for non-prosecution for failure of the appellant in taking steps asked for or rule 18 for failure of the appellant in depositing costs for service of notice upon respondent, an application may be made under rule 19 for readmission of ..Category: Civil Law | Date: 29 Jun, 2004 | Hits: 3
Rajshahi Development Authority Vs. Sultan Ahmed, Advocate and others, 2005, 34 CLC (AD)
....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. ......compensation money at the present market rate in accordance with the provision of Order II of 1982 was not in accordance with law. 6. The High Court Division has found on scrutiny of the record of LA Case No. 161 of 197879 that the process of acquisition of the land in question was......earned Counsel has further submitted that the decision referred to by the respondent reported in 42 DLR (AD) 91 is not applicable in the facts and circumstances of the present case in view of the due service of notice of such requisition and acquisition under the Emergency Requisition of Property Ac..Category: Constitutional Law | Date: 29 Jun, 2004 | Hits: 232
Abdul Mumin alias Tanu Miah Vs. Mahfujur Rahman and others, 2004, 33 CLC (AD)
....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.......ed upon assertion that there was amicable partition of the land of khatian in question amongst the co-sharers and the pre-emptor and other co-sharers of the khatian had separated their jamas and have recorded their names in respect of their respective saham got by amicable partition in separate khat......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
....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.
...... background of the submissions made by the learned Counsel for the petitioners, grounds urged in support of the petition for leave to appeal are:
"I. For that having record to the fact that the plaintiff invoked the arbitration clause and referred the matter to the ......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.
..
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)
....e fell short of cash flow and applied to the respondent bank by a letter dated 23‑2‑95 to sanction revolving LTR (Loan Against Trust Receipt) for an amount of Taka 50 lac in a bid to release some goods covered by the letter of credit opened by the petitioner in the respondent bank. The responden...... 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. ......oceeding of the suit and the ex parte decree obtained by the respondent bank and consequently, the ex parte judgment and decree is an irregular judgment which has to be set aside on the ground of non-service of summons upon the petitioner. He has further contended that the provision for preferring a..Category: Banking Law | Date: 14 Jun, 2004 | Hits: 310
Govt. of BD rep. by DC Vs. Anwara Huq & ors., 2004, 33 CLC (AD)
....rator has not committed any error of law. In view of the discussions made hereinabove we do not find any merit in the appeal. Accordingly, the appeal is dismissed with costs. Ed. ......the word 'land' as occurring, in the aforesaid sections and further wrongly relying upon what has been called, "the rule of beneficial construction". 4. From the materials on record it appears that the land of the respondents was acquired under the provision of the Emergen......rator has not committed any error of law. In view of the discussions made hereinabove we do not find any merit in the appeal. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: 25 May, 2004 | Hits: 121
AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)
.... own order in review provided the facts and circumstances and the law permit any review of judgment, although this Court is competent to consider the law previously decided in a subsequent case. In a good number of cases this Court including the case of Mazdar Hossain vs. Ministry of Finance reporte......ure and rule 45 of the Appellate Division Rules and paramount power is specifically exercised to do complete justice of great public importance but where there is no error apparent on the face of the record or no provision of law was left unnoticed in the impugned judgement there is no scope of revi......hat the Government order as contained in Memo No. Sha.Ma (Bldhi‑2) Gesthat‑57/93/ 49(100) dated 4-4‑94 is without lawful authority and of no legal effect and that the appellants are senior in service to respondent Nos. 2‑61. Briefly stated, the appellants' case is that the Public Service C..Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128
State Vs. Md. Delwar Hossain Faraji, 2004, 33 CLC (HCD)
....lice, Dhaka. iv. Superintendent of Police, Pirojpur. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 264. ......the discourse made above the conclusions that flow are: A. Death Reference No.39 of 2001 is accepted, Death sentence is confirmed. B. Judgment of conviction and sentence dated 11‑9‑2001 recorded by learned Additional Sessions Judge, Pirojpur in Sessions Case No.46 of 2000 stands mainta......lice, Dhaka. iv. Superintendent of Police, Pirojpur. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 264. ..Category: Criminal Law | Date: 18 May, 2004 | Hits: 3
Sultan Miah (Md) Vs. Kazi Abu Siddique and others, 2005, 34 CLC (AD)
....ned. Judgment of the, High Court Division causing failure of justice in making the Rule absolute. Therefore, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......tioner as plaintiff instituted Title Suit No.37 of 1994 in the Court of Senior Assistant Judge, Palash, Narsingdi for permanent injunction on the averments, inter alia, that after the death of the CS recorded owner Meher Ali and his sons Kamaruddin, Janab Ali and Chand Miah got one third each o......ned. Judgment of the, High Court Division causing failure of justice in making the Rule absolute. Therefore, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..Category: Civil Law | Date: 8 May, 2004 | Hits: 825
Sunder Ali being dead his heirs A. Hannan & ors. Vs. Md. Serajul I. Sarker & ors., 2004, 33 CLC (AD)
....allowed. The trial Court is directed to proceed with the trial of Title Suit No. 4 of 1995 and to dispose of the same expeditiously. There is no order as to costs. Ed. ......allowed. The trial Court is directed to proceed with the trial of Title Suit No. 4 of 1995 and to dispose of the same expeditiously. There is no order as to costs. Ed. ......allowed. The trial Court is directed to proceed with the trial of Title Suit No. 4 of 1995 and to dispose of the same expeditiously. There is no order as to costs. Ed. ..Category: Property Law | Date: 27 Apr, 2004 | Hits: 102
Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)
....e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ......and is within the municipal area, but the said land being agricultural land there is no bar for the pre-emptor to have the relief sought in the Miscellaneous Cases and that no evidence was brought on record by the pre-emptees to establish that brick build 3' width 'ail' is a municipal road and that ......er passed by the Revenue Officer when on the basis of that a separate khatian was opened and rents paid by the petitioner-respondent. The non-filing of petition for mutation and non-production of the service return of the notice cannot be a ground to ignore the final order of mutation due to the fac..Category: Property Law | Date: 25 Apr, 2004 | Hits: 42
Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)
.... above of the High Court Division not being sustainable in law is hereby set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: ...... of the application and accordingly, shall have, however, no bearing on the merit or decision in the matter of disposal of the appeal by the appropriate authority on consideration of the materials on record. Tile appellate authority is at liberty to decide the appeal on its own merit without being i...... of requisition. It is true section 4A of the Act as inserted by Ordinance No. III of 1960, provides of an appeal to the Commissioner against an order of requisition within 30 days from the date of service of the order and empowers the Provincial Government to revise, either on its own motion or o..Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175
Abdul Jabbar Vs. Md. Lokman Hossian, 2006, 35 CLC (AD)
.... the High Court Division in making the Rule absolute. 12. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly the petition is dismissed. Ed. ......d. Abdul Latif and others. ...........................Respondents. Judgment 21 April 2004 Lawyers Involved: Herendra Nath Nandi, Advocate, instructed by Md. Nawab Ali, Advocate-on-record-For the Petitioner Nurul Amin, Advocate, instructed by A.K.M. Shahidul Huq, Advocate-o...... the High Court Division in making the Rule absolute. 12. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly the petition is dismissed. Ed. ..Category: Tenancy Law | Date: 21 Apr, 2004 | Hits: 69
897131790437315263153900094309814559501516288841011612261147320