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Makhlekur Rahman Vs. State, 1982, 11 CLC (HCD)
....l bonds forthwith. The Rule is, accordingly, made absolute. Communicate the order at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 72. ......ment October 14, 1982. Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A In case of prolongation of the proceeding which will amount to a sheer abuse of the process of the Court and harassment of the accused and for ends of ju......l bonds forthwith. The Rule is, accordingly, made absolute. Communicate the order at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 72. ..Category: Criminal Law | Date: | Hits: 62
Shaikh Obaidul Haq Vs. State & another, 1986, 15 CLC (HCD)
....ds by issuing the post-dated cheques. On the contrary the post-dated cheques were taken at the instance of the opposite party and ultimately on mutual consent. On reading of the complaint petition as whole and particularly with reference to paragraphs 2 and 5 of the complaint petition as we have a......n order to escape the liability resorted to harass the petitioner by instituting the criminal case No.572A of 1981 under section 420 of the Penal Code alleging that two post dated cheques for total amount of Tk. 1,01,560/30 have been dishonoured payment by the petitioner's banker. and further 36......f the goods against post-dated cheques the petitioner had no intention to pay for the goods received against the post-dated cheques. There is also no statement in the petition that the petitioner had money for payment on a subsequent date. In this respect we may refer to a decision reported in AIR..Category: Criminal Law | Date: | Hits: 67
Hubble Corporate Ltd. Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)
.... of stay granted earlier by the Court stands vacated. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ......ods of the petitioner. So the petitioner filed Money Suit No.42 of 2004 against the Bank before the 5th Court of Joint District Judge, Dhaka (hereinafter stated as the Court) for compensation of an amount of Taka 59,38,897, The goods were covered under the insurance policy with other the goods bel......t to claim any amount from the petitioner as the goods were destroyed due to negligence of the Bank; (v) the Bank, as plaintiff filed the Artha Rin Suit unlawfully claiming huge amount of loan money from the defendant-petitioner although the goods were destroyed when it has with the custody o..Category: Civil Law | Date: | Hits: 176
Mangal Chandra Sarker and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....s from the places wherein their homesteads are situated considering their humanitarian approach. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 152. ......awarded made an attempt to get the compensation but the authority concerned directed the office to verify the genuineness of such claim and after verification of the said power of attorney the said amount was paid to those persons. Thereafter, some other persons withdrew the money of compensatio......directed the office to verify the genuineness of such claim and after verification of the said power of attorney the said amount was paid to those persons. Thereafter, some other persons withdrew the money of compensation. It has been argued by Mr. Afric that the said compensation was not actually..Category: Property Law | Date: | Hits: 89
....cember, 1985 to the petitioner as prayed for within a period of 30 days of receipt of this order, positively.
Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 704.
......lam, the learned Assistant Attorney-General, found it difficult to face the challenge thrown on behalf of the petitioner that the nature of the business of the petitioner under the licence is not tantamount to business turnover within the meaning of the Ordinance to be levied with turnover tax.
1......cember, 1985 to the petitioner as prayed for within a period of 30 days of receipt of this order, positively.
Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 704.
..
Category: Administrative Law | Date: | Hits: 491
Md. Iddris Sheikh Vs. State, 2008, 37 CLC (HCD)
....f Chief Judicial Magistrate, Faridpur, shall continue in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 223. ......e year before upon checking the ledger book the petitioner was found debtor of Tk. 30,00,000/-. Thereafter, on 15.06.2002 the petitioner disclosed before the witnesses to the effect that he has taken amount of Tk. 30,00,000/- for supplying 250 metric ton wheat to M/S Harun Industries, owned by witne...... Vs. State reported in 7 BLC 241 wherein it has been held:- "In the petition of complaint it is stated that the complainant-opposite party No.2 issued notice demanding payment of the amount of the money stated in the cheque within 7 (seven) days. By issuing such notice there was no breach of the ..Category: Criminal Law | Date: | Hits: 103
Elias Brothers (Md.)(Pvt.) Limited and another Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....t No.4further stated that after dismissal of the Civil Petition for Leave to Appeal with malafide intention and ill motive the petitioner filed a Writ Petition being No.7001 of 2001 only to delay the whole process of the said acquisition and the Hon'ble High Court Division vide order dated 8-1-2002 ......ion money. But the respondent No.4 the KEPZ without depositing money made some representations to the Deputy Commissioner, Chittagong on 4-3-2001, 19-3-2001, 29-3-2001 and 27-8-2001 to reconsider the amount of the amount of the demand note made by the respondent No.3. 8. On 2-12-2001 the Land Acq......001 the Land Acquisition Officer-respondent No.3 after preparing the supplementary compensation served a notice to the respondent No.4-Korean Export Processing Zone (KEPZ) to deposit compensation money. But the respondent No.4 the KEPZ without depositing money made some representations to the De..Category: Civil Law | Date: | Hits: 170
.... grant the relief sought for in this writ petition. Accordingly, theRule is discharged with the above observations.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
......was admitted. They did not receive any honorarium at the rate of Taka 2004/- at any point of time and have been getting allowance at the rate of Taka 600/- from different dates in 2004-2008. The said amount of Taka 600/- has been enhanced to Taka 3600/-by this time. Since the petitioners did not get...... grant the relief sought for in this writ petition. Accordingly, theRule is discharged with the above observations.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
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Category: Civil Law | Date: | Hits: 104
Nayeem Mehtab Chowdhury Vs. State, 2010, 39 CLC (HCD)
.... granted at the time of issuance of the rule is hereby vacated. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 345. ......le the naraji petition. The learned Advocate finally submits that, there was no resolution on behalf of the company to file the complainant petition. Hence, for these reasons the impugned proceedings amounts to an abuse of the process of the Court and that the same is otherwise liable to be quashed ......ant documents, namely the loan application, company's resolution to take loan, the sanction letter or loan agreement, the statement of the loan accounts, cheques showing as to who has withdrawn the money from the loan account, the cheque signing authority, the letter or deed of guarantee and other..Category: Criminal Law | Date: | Hits: 124
.... discussion, we do not find any substance in this petition. And it is, accordingly, rejected in limine without any order as to costs.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 594.
......2,15,56,000 with the respondent 2, Pubali Bank. The respondent 2 on receipt of the shipping documents advised Mitsui Bank, Japan to pay LC value to Tokyo Tomin Bank. According to the advice, the full amount was paid. However, the vessel did not arrive with rice and the respondent 2 filed a case in J......ted provision of section 44 of Bangladesh Bank Order, 1972 by furnishing information to the Hon'ble Finance Minister to announce in the Parliament the names of the defaulting borrowers. Secondly, the money suits being sub judice and as such, there is no basis for holding that the petitioner is a def..
Category: Civil Law | Date: | Hits: 119
Shitalakhaya Ice and Cold Storage Pvt. Ltd. Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
....t of this order positively and ensure the compliance to the Registrar of the Supreme Court without any fail. Communicate at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 487. ......ank. The petitioner refused to accept the loan as the loan was given only for machinery purposes. Subsequently, the petitioner filed another loan application and the bank decided to increase the loan amount by order dated 27-03-2001 when the petitioner accepted the loan, an agreement was entered int......by order dated 27-03-2001 when the petitioner accepted the loan, an agreement was entered into on 8-5-2001 between the petitioner and the bank. On the basis of the said agreement the petitioner spent money for the project and the bank disbursed amount by installments. But suddenly the bank stopped f..Category: Civil Law | Date: | Hits: 108
Bashir Ullah Master Vs. Bangladesh and others, 2008, 37 CLC (HCD)
....btor petitioner. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 760. ......he bank, the Adalat by the order dated 13-11-2005 issued warrant of arrest pursuant to the provisions of section 34(1) of the Ain 2003 to compel the judgment debtor petitioner for payment of decretal amount. We failed to discover any illegality in the impugned order. Moreover, we find that the impug......btor petitioner. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 760. ..Category: Civil Law | Date: | Hits: 93
Enamul Haque Vs. State, 2010, 39 CLC (HCD)
....he Code, the Magistrate is directed to dispose of the matter expeditiously. Communicate the order at once to the Courts concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 339. ......agistrate has committed no illegality and the learned Session Judge in passing the impugned order, dated 16-1-2006, setting aside the order of the learned Magistrate has committed illegality and that amounts to abuse of the process of the Court, hence the same is liable to be quashed. 9. The lear......he Code, the Magistrate is directed to dispose of the matter expeditiously. Communicate the order at once to the Courts concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 339. ..Category: Criminal Law | Date: | Hits: 105
Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh, 2009, 38 CLC (HCD)
....undreds of ships have been dismantled in the meantime and yet none has applied for any clearance certificate from the Ministry or the Department of Environment. It is a staggering revelation that the whole operation is continuing under the very nose of the Department of Environment without the Dep...... excess of ordinary sea voyage.' After conducting the survey on 27.08.2008 and the Committee submitted its report dated 28.8.2008 giving its opinion as follows: "Committee is in the opinion that amount of toxic substances determined by the survey of committee are not excessive than the amount......ietor, Madina Enterprise at once by a Special Messenger of this Court at the cost of the petitioner. Sheikh Abdul Awal J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 118. ..Category: Environmental Law | Date: | Hits: 688
Jahirul Haque Vs. State, 2011, 40 CLC (HCD)
....st in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ......st in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ......eants managed to flee away. On being apprehended the convict-appellants were brought before P.W.4 when she recognized both the accused Billal and Jahirul and informed that accused Jahirul took away money from her waist and accused Billal along with other absconding accused persons took away wear..Category: Criminal Law | Date: | Hits: 83
Md. Wahed Ali Vs. Ms. Moslema Khatun, 2008, 37 CLC (HCD)
....ate of Tk.500/- total amounting to Tk,46,500/-. 8. On appeal, the learned District Judge, by the judgment and decree dated 25-05-2004, allowed Family Appeal No.15 of 2003 and decreed the suit as a whole, to the effect that the plaintiff will get Tk,99,000/- as dower and maintenance during iddat p...... Suruj Ali, 7. After trial, the learned Judge of the Family Court by the judgment and decree dated 31-05-2003 decreed the suit in part to the effect that the plaintiff will get half of the entire amount of the dower amounting to Tk.45,000/- and maintenance during iddat period for three months at...... 22. Office is directed to send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 427. ..Category: Family Law | Date: | Hits: 180
National Bank Ltd. Vs. Provashi International Ltd. and others, 2010, 39 CLC (HCD)
....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: 64 DLR (HCD) (2012) 229. ......dant No.1 Provashi International Ltd. Bank opened Letter of Credit being No.1-601-87 for US$ 38,300 on 2-5-1987 for import of 81 metric tons Garlic from Pakistan upon deposit of 30% margin of the L/C amount. That the defendants by his letter dated 2-6-1987 requested the plaintiff Bank for extension ......of L/C; that the defendant paid Tk. 26,065.47 as bill of clearing and forwarding agency and Tk. 64,122.50 as bill of Transport agency; that the defendant released 344 bags of Garlic with LTR and cash money on 16-8-1987. On 8-1-1987 defendant prayed for 45 days time to release the garlic and in the..Category: Civil Law | Date: | Hits: 106
Md. Shahidul Islam Vs. Most. Anwara Begum, 2007, 36 CLC (HCD)
....aside and the Family Suit No.75 of 2004 is dismissed. 19. Send down the L.C. Records at once. Md. Abdul Wahhab Miah J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 114. ......The Rule is made absolute. Muslim marriage is a socio-religious contract between a man and a woman and as such signatures of the parties in the 'Kabinnama' are essential for proving marriage. No amount of oral evidence can cure the deficiency and no amount of oral evidence is sufficient to pr......defendant declared the marriage by swearing an Affidavit. Subsequently, on 30-1-2004, in agreement of the guardians of both the parties a 'Kabinnama' of their marriage was registered fixing the Dower money at Tk. 2,00,001/- and the plaintiff started leading her conjugal life in the house of the defe..Category: Family Law | Date: | Hits: 140
Foyez Ahmed Vs. State, 2012, 41 CLC (HCD)
.... Let the records of the Mobile Court along with a copy of this Judgment be sent down at once for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 257. ......e facts are so preposterous that even on the admitted facts, no case can stand against the accused; (b) Where institution or continuance of criminal proceedings against an accused person may amount to an abuse of the process of the Court or when the quashing of the impugned proceedings wo...... Let the records of the Mobile Court along with a copy of this Judgment be sent down at once for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 257. ..Category: Criminal Law | Date: | Hits: 81
Md. Mosarraf Hossain Mondol Vs. Md. Elias Hossain Mollick and others, 2007, 36 CLC (HCD)
....anted earlier by this Court stands vacated. 29. Send down the lower Court's record at once with a copy of Judgment for information. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 107. ......tantial injury by reason of the non-service or irregularity; and (b) an application made by a certificate-debtor under this section shall be disallowed unless the applicant either deposits the amount recoverable from him in execution of the certificate or satisfied the Certificate-offic......anted earlier by this Court stands vacated. 29. Send down the lower Court's record at once with a copy of Judgment for information. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 107. ..Category: Procedural Law | Date: | Hits: 114
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