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Syed Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)

.... The accused Abdul Khaleque concluded the statement that he himself, father-in-law Jaru Mia, brothers-in-law, accused Azad Mia and Ali Ashraf and Bhaira Abdul Kashem killed his father on the northern bank of the river Dakatia. This judicial confessional statement was proved by PW 13, AM Badruddoza t...... in: 51 DLR (HCD) (1999) 43......., influenced by any observation made by us and he will unhesitatingly reach his own conclusion on the evidences and materials on record. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 43...

Category: Criminal Law | Date: | Hits: 42

Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)

....t respondent No.3, Alhaj Abul Hossain in Mortgage Suit No. 72 of 1996 from the Artha Rin Adalat, Narayangonj in respect of unspecified 7 (seven) decimals of land from the same plot. The decree holder bank put the decree in execution by filling Mortgage Decree Execution Case No. 25 of 2001, which is ......h Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Fatema Begum…………….....Petitioner Vs. The Artha Rin Adalat, Narayangonj and others………….... Respondents Result: The Rule is made absolute. Judgment Novem...... copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 183

Md. Solaiman Ali Hamedi Vs. Abu Sayeed Mondol, 2011, 40 CLC (HCD)

.... the contemner to prepare the bill, get it signed by the Chairman of the Managing Committee, or in absence of Managing Committee by the District Education Officer and to send it for encashment to the bank concerned. Before forwarding it to the bank, the question of signing the same by the petitioner...... made absolute. The explanation given by the contemner is inconsistent misleading The contemner took different pleas at different stages, committed gross contempt by his willful disobedience to and non-compliance with order and continued making contradictory and misleading statements before th...... Madrasa and its Superintendent, Police Station Mithapukur, District Rangpur and the Police Super, Rangpur for compliance. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 68

SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)

.... party mortgager, was made defendant No.3. Ultimately the suit was decreed exparte against the borrower and on contest against the petitioner by judgment and decree dated 25.5.2009. The decree holder bank put the decree in execution by filing Artha Execution Case No.131 of 2009 and initiated selling......Court High Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J SDS Dairy Limited………………….... Petitioner Vs. Bangladesh and others ……………….... Respondents Judgment January 6, 2011. Result: The Ru......e with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.- I agree. This Case is also Reported in:20 BLT (HCD) (2012) 15. ..

Category: Procedural Law | Date: | Hits: 95

Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)

.... petition is allowed in part. The short order quoted above forms part of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 29, 19 BLT (AD) (2011) 54, 16 MLR (AD) (2011) 161. ......esent: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Riaz Uddin Khan, Advocate and another………………………………. Petitioners. Vs. Mahmudur Rahman and others...... petition is allowed in part. The short order quoted above forms part of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 29, 19 BLT (AD) (2011) 54, 16 MLR (AD) (2011) 161. ..

Category: Criminal Law | Date: | Hits: 163

MA Qasem Vs. Subordinate Judge, Artha Rin Adalat and others, 1999, 28 CLC (HCD)

....expressing apprehension that the plaintiff may file papers including letter of guarantee which the defendant petitioner signed in connection with the loan for Beximco Food Ltd. and that kept with the bank and that the plaintiff may use the said documents in the instant suit. He also submits that in ......ion (Special Original Jurisdiction) Present: Md. Ruhul Amin J Surendra Kumar Sinha J MA Qasem…………………………….Petitioner Vs. Subordinate Judge, Artha Rin Adalat and others…………………Respondents Judgment November 22, 1999. Cases Referred To- ......en prejudiced in any respect or manner. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 341. ..

Category: Civil Law | Date: | Hits: 90

Eman Ali Mallik Vs. State, 2000, 29 CLC (HCD)

.... case within six months from the date of receipt of the case records from this Court. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 335.......pondent. (In both the appeals) Criminal Appeal No. 1000 of 1995 with Criminal Appeal No. 729 of 1995. Judgment Gour Gopal Saha J.- These two appeals are directed against the judgment and order dated 24-4-95 passed by the Special Judge, Court No. 2, Rajbari in Special Case No.13 of 1...... case within six months from the date of receipt of the case records from this Court. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 335...

Category: Criminal Law | Date: | Hits: 43

Shawn Apparels Ltd. Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)

....of Lading in question was issued to the order of Agrani Bank, Tejgaon Industrial Area Branch, Dhaka and there is no disclosure by the petitioner as to whether they, in fact, made any enquiry with the bank as to whether the goods were really imported properly through a valid LC and the stipulation in......ial Original Jurisdiction) Present: Syed Amirul Islam J Shah Abu Nayeem Mominur Rahman J Shawn Apparels Ltd…………………………….Petitioner Vs. Commissioner of Customs and others……………Respondents Judgment December 8, 1998. Cases Referred To- AIR ......ecretary of Finance (IRD), 2) Secretary, Ministry of Commerce, 3) Chairman, the National Board of Revenue for necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 316. ..

Category: Fiscal/Taxation Law | Date: | Hits: 83

Khurshid Alam Vs. Securities and Exchange Commission and others, 1999, 28 CLC (HCD)

....t 1891, sections 116 and 117 of the Income Tax Ordinance 1984 and the decision of the Court of Appeal reported in (1924) 1KB 461 submitted that respondents cannot compel the petitioner to furnish his bank account as the disclosure of the same would affect the secrecy attached to bank accounts and, a...... Court Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Md. Muzammel Hussain J Khurshid Alam…………………………………Petitioner Vs. Securities and Exchange Commission and others……………….. Respondents Judgment July 26, 1999. ......he result, the Rule is discharged with cost of Taka 10,000.00 (ten thousand) to be paid by the petitioner to the contesting respondent No. 1. Ed. This Case is also Reported in: 51 DLR (1999) 534...

Category: Banking Law | Date: | Hits: 196

SM Fazlul Haque Vs. Salahuddin Ahmed and another, 2001, 30 CLC (HCD)

....ntage of the imprintment of technical fees in the LC the defendant No. 1 instead of settling the dispute through arbitration to which he previously agreed started creating pressure on defendant No. 2 bank for the payment of technical fees. In view of the defendant No. 1’s persistent pressure and i......Supreme Court High Court Division (Civil Appellate Jurisdiction) Present: Md. Tafazzul Islam J AHM Shamsuddin Chowdhury J SM Fazlul Haque …..Appellant Vs. Salahuddin Ahmed and another.................Respondents Judgment July 25, 2001. Cases Referred To- Ang......ntly, the appeal is dismissed and the connected Rule being Civil Rule No. 225 (FM) of 1998 is also discharged without any order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 612. ..

Category: Civil Law | Date: | Hits: 164

Abdur Rouf @ Rab Howlader Vs. State, 2003, 32 CLC (HCD)

.... after some time, Abdur Rouf and Firoja Begum together went away. Following morning she received a news that dead body of Firoja Begum covered with a 'Katha' and Abdur Rouf lying injured at the south bank of Malia Bharani canal. Then, the parents of Firoja Begum, her brother's wife, local Chowkider ......t Vs. State……………………………………………………………..……..Respondent Judgment February 25, 2003. Cases Referred To- Ismail Sarker alias Sudan Member and others Vs. State, 33 DLR 320; Rahman Vs. The State of UP, AIR 1972 SC 110; State Vs. Sree Ranjit...... In the result, this appeal is dismissed and the order of conviction and sentence is hereby affirmed. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 202. ..

Category: Criminal Law | Date: | Hits: 44

Hasibul Bashar (Md.) Vs. Dilshed Huda and another, 2002, 31 CLC (HCD)

....esented before the Bank prior to 3‑1‑1999 and, as such, the contention of the learned Advocate for the opposite party No. 1 complainant cannot be accepted that the cheque was presented before the bank on 3‑1‑1999 for the 1st time. 7. The learned Advocate for the accused petitioner filed a......rt Division (Criminal Miscellaneous Jurisdiction) Present: Md. Ali Asgar Khan J Md. Imman Ali J Hasibul Bashar (Md.)..........................Accused Petitioner Vs. Dilshed Huda and another……………………….Opposite Parties Judgment October 29, 2002. Case Ref......me of issuance of the Rule is recalled. Let the copy of this order be sent to the court of Metropolitan Magistrate, Dhaka for information. Ed. This Case is also Reported in: 55 DLR (2003) 200...

Category: Criminal Law | Date: | Hits: 28

Rupali Bank Ltd. Vs. Chairman, Second Labour Court, Dhaka, 2001, 30 CLC (HCD)

.... be absorbed in permanent posts, on preferential basis, as and when such posts are available or created. There will be no order for costs. Ed. This Case is also Reported in: 54 DLR (2002) 602.......4186 & 4092 of 1998). Mahbubul Haque, Advocate—For Respondent No. 2 (In all Writ Petitions). Writ Petition No. 1303 of 1996, Writ Petition No. 1657 of 1998, Writ Petition No. 4186 of 1998 and Writ Petition No. 4092 of 1998. Judgment SAN Mominur Rahman J. - These 4 (four) writ petit...... be absorbed in permanent posts, on preferential basis, as and when such posts are available or created. There will be no order for costs. Ed. This Case is also Reported in: 54 DLR (2002) 602...

Category: Labour and Industrial Law | Date: | Hits: 134

Habibur Rahman Hawlader Vs. State and another, 2000, 29 CLC (HCD)

....appeared on behalf of the opposite party No. 1 and opposed the Rule. 6. We have perused the petition of complaint. It appears from the petition of complaint that both cheques were presented to the bank within six months from the date of issuance. According to proviso (a) of section 138 of the Neg......t Division (Criminal Miscellaneous Jurisdiction) Present: Md. Hamidul Haque J Md. Munsurul Haque Chowdhury J Habibur Rahman Hawlader.................Accused-Petitioner Vs. State and another...............................Opposite parties Judgment June 29, 2000. Lawyers ......re is a misconceived one. In the result the Rule is discharged, stay granted earlier by this court is thus vacated. Communicate the order. Ed. This Case is also Reported in: 55 DLR (2003) 199...

Category: Banking Law | Date: | Hits: 191

M/S. Hamida Oil Mills, Proprietor Bhaiya Oil Mills Ltd. Vs. Agrani Bank Ltd. and others, 2010, 39 CLC (AD)

....nt No.2, Agrani Bank Ltd. Laldighi East Branch, Chittagong long before. That due to some unfavor­able circumstances the writ-petitioner could not repay the loan as per stipulations and requested the banks to allow it to make payment installments and the bank also accepted that prayer and made an ag...... Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J M/S. Hamida Oil Mills, Proprietor Bhaiya Oil Mills Ltd…….....Petitioner Vs. The Agrani Bank Ltd. and others.……………………………........Respondents Judgment March 15, 2010. La...... the above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 995...

Category: Banking Law | Date: | Hits: 191

Shahadat Hossain (Md.) Vs. Base Textile Ltd., 2000, 29 CLC (HCD)

....লক উপস্থিত থাকিলে সভায় কোরাম হইবে।” 12. From the above it appears that Article 66 in its original form provided for opening one or more bank accounts both in Bangladesh and abroad in the name of the company. It also provided that the ac......) 3 SCC 333. Lawyers Involved: Syed Ishtiaq Ahmed with Rokanuddin Mahmud, Sheikh Hassan Ariff, Mubina Asar Rahman, Advocates— For the Petitioner. Dr. M Zahir with M Hafizullah, SK Siddique and Abdul Barek Chowdhury, Md. Shamsul Hoq Sarker, Advocates—For Respondent Nos. 1 and 2. Aminu......application is thus allowed in part. The order restraining the respondent No. 2 from operating the bank accounts of the Company is vacated. Ed. This Case is also Reported in: 54 DLR (2002) 583. ..

Category: Company Law | Date: | Hits: 247

Md. Kamal and another Vs. State, 2010, 39 CLC (AD)

....and order dated 14.10.2009 passed by the Appellate Division in Criminal Petition Nos. 134-135 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 988.......vocate-on-Record-For the Petitioner (In both the cases) Not represented- the Respondent (In both the cases) Criminal Review Petition for Leave to Appeal Nos. 3-4 of 2010. (From the judgment and order dated the 14th day of October, 2009 passed by the Appellate Division in Criminal Petition ......by taxi start­ed to proceed. The said accused persons forcibly snatched away the belongings including the revolver and mobile tele­phone of the victim Nazrul Islam. At the time of commission of the robbery vic­tim police Inspector Nazrul Islam raised alarm and at this the said accused person’s ..

Category: Criminal Law | Date: | Hits: 54

Hamidul Huque, Managing Director, United Commercial Bank Ltd. and another Vs. Akhtaruzzaman Chowdhury, 2005, 34 CLC (AD)

.... of a routine nature when so authorised by the direc­tors such as the power to affix common seal of the company to any document or to draw and endorse any cheque on the account of the company in any bank or to draw and endorse negotiable instru­ment or to sign any certificate or share or to direct...... Appellate Division (Criminal) Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Hamidul Huque, Managing Director, United Commercial Bank Ltd. and another ............Appellants Vs. Akhtaruzzaman Chowdhury…………….....Respondents ...... above, we find no cogent reason to interfere with the impugned order of the High Court Division. In the result, the appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 971...

Category: Criminal Law | Date: | Hits: 60

M/s. Aimon Electrical Industries Vs. Judge, Artha Rin Adalat, 2nd Court at Dhaka and oth­ers, 2010, 39 CLC (AD)

.... suit. 3. The court below on considering the documents decreed the suit ex parte vide preliminary decree dated 20.06.1999 and the final decree singed on 18.01.2001 and thereafter the decree holder bank on 12.11.2001 started Title Execution Case No.92 of 2001 in the 1st Court of the learned Subord......esent: Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J M/s. Aimon Electrical Industries, Proprietor, Md. Delowar Hossain and another.....Petitioners Vs. Judge, Artha Rin Adalat, 2nd Court at Dhaka and oth­ers …........t. Therefore the High Court Division rightly discharged the Rule. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 964. ..

Category: Civil Law | Date: | Hits: 96

Md. Abdus Sattar Khan (Rtd.) Vs. Director General, Bureau of Anti Corruption Bangladesh, Segunbagicha, Dhaka and others, 2009, 38 CLC (HCD)

....arged. However, there will be no order as to costs. Md. Ashfaqul Islam J.- I agree. Ed. This Case is also Reported in: 15 BLC (2010) 73; 15 MLR (HCD) (2010) 1; 30 BLD (HCD) (2010) 181. ...... Lake Apartment House No. 36, Flat No.402 (5th Floor), Road No.7, Dhanmondi R/A. Dhaka….............Petitioner Vs. Director General, Bureau of Anti Corruption Bangladesh, Segunbagicha, Dhaka and others….............Respondents Judgment November 16, 2009. Result: The Rule is di......arged. However, there will be no order as to costs. Md. Ashfaqul Islam J.- I agree. Ed. This Case is also Reported in: 15 BLC (2010) 73; 15 MLR (HCD) (2010) 1; 30 BLD (HCD) (2010) 181. ..

Category: Anti-Corruption Laws | Date: | Hits: 171