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Hafiz Ahmed Mazumder Vs. Pubali Bank Limited, 2014, 43 CLC (HCD)
....n". It did not mention that it was passed in exercise of Section 2CC of the Securities and Exchange Ordinance, 1969 or any other law. Furthermore, the said letter does not specifically claim it is applicable to any other listed company other than the addressee of the letter, i.e. Dutc......hes located all over Bangladesh it's shares are listed and publicly traded in the Dhaka and Chittagong Stock Exchanges; that the Respondent No. 2 is the Office of the Chief Election Commissioner, for conducting election to the office of the Board of Directors in the 30th AGM of Pubali Bank Limit......me of admission of this petition is hereby vacated. The parties will bear their respective cost. This Case is also Reported in: 66 DLR (HCD) (2014) 234 ..Category: Banking Law, Corporate Law | Date: 25 Feb, 2014 | Hits: 9
Moklesur Rahman (Md.) and another Vs. Government of Bangladesh and others, 2014, CLC (AD)
.... the meantime, the writ-petitioners filed an application under section 57 of the Ain, 2003 for setting-aside the auction sale held on 6-10-2009 and for permitting them to make payment as per the claim of the decree-holder-Bank. The Artha Rin Adalat after hearing the application by its order dat......-9. Hosne Ara Begum, Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For Respondent No.4. None represented—For Respondent Nos.1-3 & 5. Civil Petition for Leave to Appeal No. 2125 of 2010. (From the order dated the 18th day of July, 2010 and the ......On 6-10-2009, the date was fixed for auction of the mortgaged property. On this date, the writ-petitioners submitted an application praying for time stating that they have already paid some amount of money and they needed some more time to pay the rest amount. The Bank also filed application for tim..Category: Others | Date: 24 Feb, 2014 | Hits: 15
....es, cause of suspicion must be specifically spelt out. The Judges concerned, shall give reasons for their satisfaction on this unraveling point.
(b) Political threshold of the petitioner or claimed rivalry, by itself, without further ado, shall not be a ground for entertaining an applicati......p;……………Petitioner
Vs.
Dr. Khandaker Mosharraf Hossain and another.........Respondents
Judgment
February 24, 2014.
Result:
The petition for Leave to Appeal is disposed of.
The Code of Criminal Procedure, 1898 (V of 1898); sect......nquiry unearthed that the aforenamed respondent No.1 before us (henceforth referred to as the bail petitioner) having accumulated foreign currencies by abusing power, resorting to corruption and money laundering, deposited an amount of 8,04,142.13 British Pound Sterling on a fixed term with Llo..
Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 24 Feb, 2014 | Hits: 52
Aftab Uddin (Md.) Vs. Chairman, Court of Settlement and another, 2014, 43 CLC (AD)
....ved a Memo from the Ministry of Works stating that the property is an abandoned property and he was directed to appear before the specific person and to produce papers and documents in support of his claim in the property. On 6-7-1985 in compliance of the said memo he produced the papers as asked fo......om the 'Kha' list of the abandoned buildings published in the Bangladesh Gazette (Extraordinary) dated 23 September, 1986 as per provision of section 5(1) (b) of the Ordinance, was leased out for Taka 600 by the then Government of East Pakistan on 10-2-1956 to one Kulsum Bibi wife of Abdur R......manded to the Court of Settlement to deal with it in the light of our discussion above. There will be no order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 253. ..Category: Abandoned Properties Law | Date: 19 Feb, 2014 | Hits: 21
....urpose of realization of the decretal amount. At this stage, the petitioners herein on 11-2-2010 filed an application under Order XXI, rules 90 and 91 of the Code and section 32 of the Ain, 2003 claiming the mortgaged property as their own and also asserting their possession therein. As no......huiyan, Senior Advocate instructed by Nahid Sultana, Advocate-on-Record—For Respondent No.5 (as added respondent)
None represented—For Respondent Nos.1-2 & 4.
Civil Petition for Leave to Appeal No.385 of 2011
(From the judgment and order dated the 2 day of December, 20...... can protect his right and title in that property by filing proper suit in a proper forum."
The petition is dismissed.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 213.
..
Category: Civil Law, Others | Date: 17 Feb, 2014 | Hits: 9
S.N. Kabir Vs. Fatema Begum and others, 2014, 43 CLC (AD)
....ding in the suit property with his family treating the same as his own property. Defendant No.1 knew that the plaintiff purchased the suit property in the "benami" of defendant No.1 who was claiming ownership of the suit property at the behest of her father and brother. Hence, the suit has......preted are not clear and unambiguous. The words 'immoveable property' occurring in section 5 of the Ordinance include both agricultural and non-agricultural properties. There is no scope for encroaching upon the domain of legislature by importing the words 'rural area' in sectio.............................(23) Benami Transaction Because of benami transactions, multifarious litigations crop up across the country. Moreover, the persons having the possession of black money take advantage of benami transactions by purchasing property in the names of their neares..Category: Property Law | Date: 16 Feb, 2014 | Hits: 19
Delipjan being dead her heirs: Fazal Haque and other Vs. Shahed Badsha and others, 2014, 43 CLC (AD)
....ts, submits that the High Court Division erred in law in failing to consider the exhibits filed on behalf of defendants-appellants in respect of the suit land by which, the defendants-appellants claimed title over the suit land and, as such, the impugned judgment should be set-aside. He further...... 2. The facts, leading to this appeal, in brief, are as follows: The appellants herein as the plaintiffs instituted Title Suit No.65 of 1989 in the Court of Assistant Judge, Dhamrai, Dhaka for declaration of title in respect of "Kha" schedule land of the plaint. The case of the ......haka for declaration of title in respect of "Kha" schedule land of the plaint. The case of the plaintiffs, in short, is that Sheikh Jaku, the predecessor of the plaintiffs, being in need of money gave the suit land in mortgage to Zamindar Sachindra Mohan Roy and others of Royal. Money borr..Category: Civil Law | Date: 11 Feb, 2014 | Hits: 5
Loreeto Vs. Nasreen Sobhan and another, 2014, 43 CLC (AD)
.... February 3, 2014. Result: The appeal is disposed of with expunction. The compensation can only be paid for such expense, or injury which the claimant suffered by reason of arrest or attachment or injunction. It follows that the claimant has ......p; February 3, 2014. Result: The appeal is disposed of with expunction. The compensation can only be paid for such expense, or injury which the claimant suffered by reason of arrest or attachment or injunct......he decree are hereby expunged. The appeal is disposed of with the above expunction without, however, any order as to costs. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 111. ..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 14
Selim Hossain (Md.) Vs. Shahabuddin Ahmed and others, 2014, 43 CLC (AD)
....ssession, fee of the Commissioner, conveyance of police force and conveyance of the Magistrate respectively in connection with the auction purchase. Besides, another sum of Taka 26,00,283.83 has been claimed as interest @ 16% on the amount of auction purchased money which the auction purchaser ......cate with Fida M. Kamal, Senior Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record—For Respondent No.1. None Represented—For Respondent Nos. 2 and 3. Civil Petition for Leave to Appeal No. 376 of 2011. (From the judgment and order dated the 19th day of January......ngs and the auction sale of the mortgaged property in question held in the execution as illegal, the observation that "The auction purchaser respondent No.3 will get return of the entire auction money which he deposited" and the direction that "the possession of mortgaged propert..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 6
....their financial benefits. They were not terminated from their service. After acceptance of their prayers for voluntary retirement and payment of the financial benefits, the respondents could not claim that they had been terminated from the service. The High Court Division has committed error of...... 46 of 2012 is allowed
Civil Appeal No. 47 of 2012 is dismissed
Civil Appeal No. 48 of 2012 is allowed
Constitution of Bangladesh, 1972; Article 102(2)
Whether employees who opted for voluntary retirement pursuant to or in response of a special scheme floated by the Bangladesh Ag......peal No. 48 of 2012 is allowed so far as it relates to respondent No. 9 Md. Saiful Alam Khondker and dismissed against the rests.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 257
..
Category: Administrative Law, Employment/Service Law | Date: 2 Feb, 2014 | Hits: 9
Lakshmi Bala Sen and others Vs. Tarun Tapan Dutta @ Tapan Kumar Dutta and others, 2014, 43 CLC (AD)
....he matter, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 162. ......tive of a sale and a long period of a mortgage; (iii) possession of the property, the continuance of the grantor in possession indicating a mortgage; (iv) existence or otherwise of a stipulation for interest on repayment indicating a mortgage; (v) adequacy or inadequacy of the consideration, an......ted 25-11-1962 which was an out and out deed of sale with a condition of repurchase within 10 years from the date of the deed of sale. Prassana Kumar Dutta did never repay the consideration money and, as such, his heirs have no right to repay the money after the death of their father Prasa..Category: Tenancy Law | Date: 30 Jan, 2014 | Hits: 15
Md. Shafayet Hossain Rana Vs. State and Md. Syed Rejaul Karim Salim, 2014, 43 CLC (HCD)
....dispose of the same expeditiously. Send down the lower Courts’ records and communicate the judgment. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: ......de absolute. Cases Referred to- Mohammad Ali Vs. State and another, 64 DLR426, Arif-uz-Zaman (Md.) Vs. State, 17 BLC (AD) 167 Lawyers Involved: Md. Abdul Quadir Talukder, Advocate-for the petitioner. ASM Fazle Rabbi Khan, Assistant Attorney General-for opposite party 1. ...... 138 of the Act it is apparent that the legislature has consciously used the word any ‘cheque’ drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account. Legislature very well knew about section 123A of t..Category: Civil Law | Date: 21 Jan, 2014 | Hits: 111
Abdul Hakim (Md.) Vs. Md. Nazrul Islam and others, 2014, 43 CLC (AD)
....his civil petition for leave to appeal, in a nutshell, are: The leave petitioner as the pre-emptor filed Pre-emption Case No.5 of 2000 in the Court of Senior Assistant Judge, Nandail, Mymensingh claiming pre-emption right over 24 decimals of land described in the schedule to the application for......p;….Petitioner Vs. Md. Nazrul Islam and others………………….Respondents Judgment January 20, 2014. Result: The petition for leave to appeal is dismissed. A pre-emptor must not only have a subsisting interest in......er appreciation of law and fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 157. ..Category: Property Law | Date: 20 Jan, 2014 | Hits: 44
State Vs. Dr. Fazlur Rahman, 2014, 43 CLC (AD)
....to agitate his grievance and must surrender first to the process of justice, otherwise he remains to be fugitive from justice and could not seek aid or assistant of the process of justice in order to claim right of audience against the process of the Court issued against him.………......ion or entertain any application by a person Fugitive from Justice An accuse person who avoids the process of any court is a fugitive from justice and can not seek justice without surrendering before a court of law. A man who seeks justice from the Court of law must come before the Court t...... Senior Special Judge, Dhaka is directed to proceed with the trial of the respondent Dr Fazlur Rahman in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 24 ..Category: Criminal Law | Date: 15 Jan, 2014 | Hits: 1
Ali Garments Limited Vs. Commissioner of Taxes, 2014, 43 CLC (AD)
....y-2/94-95 and the same was heard by the Commissioner of Taxes (Appeal) who by his order dated 30-10-1995 reduced the gross profit to 25% and also allowed deduction of Taka 17, 50,000 but rejected the claim for rebate of 60% as a garments manufacturer and exporter. 4. Against the said order......2001 passed by a Division Bench of the High Court Division in Reference Application No.43 of 1997 rejecting the reference. 2. The facts of the case, in brief, are that the appellant filed return for the assessment year 1991-92 showing gross profit at the rate of 11.77%. Notice was served upon h......he High Court Division, accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 243. ..Category: Fiscal/Taxation Law | Date: 5 Jan, 2014 | Hits: 11
BRAC Bank Ltd Vs. Multimode Ltd, 2013, 42 CLC (HCD)
....ination, clause 4, i.e. in the event of termination or suspension of the said agency agreement mentioned herein above at any stage, the security deposit shall not be released till all the outstanding claim of BBL from Western Union are settled by Western Union. First Party shall use its good offices......e defendant, directed against judgment and decree dated 25-9-2011 passed by the learned Joint District Judge, 1st Court, Dhaka decreeing Title Suit No. 6726 of 2008. 2. Plaintiff instituted the aforesaid suit praying for decree as: (a) for a decree of Taka 6,90,13,116.90 (six crore ninety ......pany incorporated under the Companies Act, 1913. Defendant Bank as a schedule Bank, under the supervision and monitoring of Bangladesh Bank participates in various service such as, keeping deposit of money, providing loan facilities for multipurpose, monitory transactions of share business, open L/C..Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0
State Vs. Md. Ibrahim Ali, 2013, 42 CLC (AD)
.... the accused appellant under section 409 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947. The charge was read over to the accused to which he pleaded not guilty and claimed to be tried. 5. The learned Divisional Special Judge took evidence and at one stage fou......ppropriated Taka 77,978.25 paisa within that period. On this allegation the local Anti-Corruption Bureau inquired into the matter and verifying the correctness of misappropriation lodged First Information Report at Kushtia Police Station and they took up the investigation. 3. After investi...... defence witnesses, but did not do so. 16. It is also apparent that the accused did not challenge the splitting of the charge. 17. The accused was alleged to have defalcated various sums of money on dates between 21-12-1987 to 20-12-1991. It is true that under the Code each charge ought to..Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 3 Dec, 2013 | Hits: 26
Md. Abdur Rob Bhuiyan Vs. Sheikh Ahammed and others, 2013, 42 CLC (HCD)
....Sessions Judge, Noakhali and was registered as Session Case No. 11 of 2002. The Sessions Judge by order dated 10.04.2002 framed charge against all of the accused, to which they pleaded not guilty and claimed to be tried. Then he sent the case record to the Additional Sessions Judge, Second Court, No......njoys the presumption of innocence and an accused acquitted on trial acquires an added advantage of proven innocence………………………………………(8) Lawyers Involved: No one appears for the petitioner. Abu Saleh Md. Fazle Rabbi Khan, Assistant Attorney General-for the State. Crim......ite parties over a land dispute. On 15.01.2001the opposite parties 1-20 and their accomplices demanded him to pay subscription of taka 50,000/-(fifty thousand) within 15 days. As he failed to pay the money the opposite parties attacked him on 01.02.2001 at 8.45 p.m. while he along with his son was c..Category: Procedural Law | Date: 21 Nov, 2013 | Hits: 24
Abdul Momen Bhuiyan and others Vs. District Judge, Dhaka and others, 2013, 42 CLC (AD)
....he auction sale shall be deemed to have become absolute. The impugned judgment delivered by the High Court Division is set-aside. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 98. ......—For the Petitioners. Munir Sharif, Advocate, instructed by Aftab Hossain, Advocate-on-Record—For Respondent No.3. None represented—Respondent Nos.1-2. Civil Petition for Leave to Appeal No.2228 of 2011. (From the judgment and order dated 21-7-2011 passed by the......he highest bid of Taka 75, 25,000 offered by respondent No.3 was accepted by order dated 25-5-2010. By the same order, the learned District Judge, Dhaka fixed 2-6-2010 for depositing the auction money. On that date, respondent No.3, the auction purchaser, prayed for time for depositing the auct..Category: Civil Law | Date: 17 Nov, 2013 | Hits: 17
AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)
....Dhaka for holding trial who on receipt the same, framed a formal charge against the accused-person which was duly read over and explained to him whereupon he pleaded not guilty of the charge and claimed to be tried. Thereafter, the case record has been again transferred the same to the Court of......heel PS Case No. 65(1)91 corresponding to DAB GR No. 12 of 1991, convicting the appellant under section 5(2) of the Prevention of Corruption Act, 1947 and sentencing him to suffer simple imprisonment for 3(three) years and also to pay a fine of Taka 6,00,000, in default to suffer SI for 6(six) month......5 as pay and allowance and Taka 2,20,217.91 as Foreign Tours allowances and total of which is Taka 5,32,149.56 for the contracted same period as Secretary without adjusting the previous received money. It has been further alleged that the convict-appellant within his knowledge received money fr..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3
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