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Agrani Bank Limited Vs. M/S. Kalipada Saha & Brothers and others, 2011, 40 CLC (AD)

....of fact arrived at by the appellate Court, consequently, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 637....... leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 637.......One of the terms of the agree­ment was to the effect of making repay­ment of the loan with interest even by their heirs if they themselves failed. The heirs agreeing with the terms had put their signature therein. The total out­standing loan of the respondents to the plaintiff-bank was Tk. 15,03,..

Category: Civil Law | Date: | Hits: 55

Zeenat Textile Mills Ltd. Vs. Chairman, Third Labour Court, Dhaka and another, 1991, 20 CLC (HCD)

....d Labour Court, Dhaka in Complaint Case No.25 of 1984 to have been made without lawful authority and the same is of no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 213. ......o have been made without lawful authority and the same is of no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 213. ......n the date fixed at the venue of enquiry and found one Mr. Azizul Islam, Office Assistant and some other outside persons present at the enquiry, and they on the arrival of respondent No.2 obtained signature of respondent No.2 on some blank papers by force and drove him out. He therefore, alleged tha..

Category: Labour and Industrial Law | Date: | Hits: 172

Dulal Mia Vs. State, 1991, 20 CLC (HCD)

....r, Sylhet till disposal of the case. We also direct expeditious trial of the case. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 209.......rect expeditious trial of the case. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 209.......ly passed by the Special Tribunal for Prevention of Smuggling, Sylhet in Special Tribunal Case No.107 of 1988 rejecting the prayers for bail of the accused‑appellants. The appeals being of the same nature and having arisen out of the same case are heard together and disposed of by the following ju..

Category: Criminal Law | Date: | Hits: 68

ASM Abdur Rob Vs. The State, 1991, 20 CLC (HCD)

.... the merits of the case as it should prejudice the accused at the trial. The Rule is thus discharged. Communicate the order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 205.......the accused at the trial. The Rule is thus discharged. Communicate the order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 205.......f human beings from inside. At one stage in that melee the Chairman Jasimuddin by putting a revolver at the chest of the informant, the Presiding Officer and Upazila Kanungo, forced him to put his signature in some papers and out of fear of life he did it. At 2‑30 afternoon people came on the spot..

Category: Criminal Law | Date: | Hits: 85

Kudrat‑E‑Elahi Panir and others Vs. Bangladesh, 1991, 20 CLC (HCD)

....nterpretation of the Constitution, particularly, Articles 7(2), 8(2), 9 and 59 read with the first item of Article 152(1) thereof. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 179. ......item of Article 152(1) thereof. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 179. ...... Constitution nor in the repealed Ordinance it was designated as an administrative unit. The designation as administrative unit is a constitutional requirement and so it cannot be assumed from the nature and function of a body corporate. The Upazila, therefore, is not an administrative unit and ..

Category: Constitutional Law | Date: | Hits: 461

Sadharan Bima Corporation Vs. M V Birba and others, 1991, 20 CLC (HCD)

....cessary correction in clause (1) of rule 3 of Order XLIX of the Code of Civil Procedure by inserting clause (b) instead of clause (d). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 171.......se is also Reported in: 44 DLR (HCD) (1992) 171.......yer of the Plaint; rather the plaintiff prayed for a declaration that the declaration of the general average is illegal and not binding upon the plaintiff. It is just like a declaratory suit in civil nature which is not contemplated under section 6 of the said Act. 7. Mr. Yusuf has referred to th..

Category: Admiralty Law or Maritime Law | Date: | Hits: 315

Khorshed (Md.) alias Khorshed Vs. State, 1999, 18 CLC (HCD)

....ppeal is dismissed. The judgment, order of conviction and sentence appealed against are confirmed. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 317.......viction and sentence appealed against are confirmed. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 317.......e of his examination in court as P.W.2. So, let us first see as to what the informant stated before the court at the time of trial. He admitted that he was the informant and he also identified his signature in the FIR. As regards the occurrence, he stated that the same took place at about 8-00/8-30 ..

Category: Criminal Law | Date: | Hits: 54

Nurjahan Begum & others Vs. Jasimuddin Ahmed and others, 1998, 17 CLC (HCD)

....ted earlier by this Co stands vacated. Communicate the order of this Court to the teamed Senior Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 310....... 51 DLR (HCD) (1999) 310.......ince this is a matter of pure discretion for the aggrieved party, the Court should not suggest to the other side to file an application for the penal action. The provision of this Rule being penal in nature, it requires to be strictly construed. In view of the stringency of this provision making roo..

Category: Property Law | Date: | Hits: 108

Hosna Jahan (Munna) Vs. Md. Shajahan (Shaju) and others, 1998, 17 CLC (HCD)

....ccordingly, this application is rejected. The Family Court is directed to dispose of the suit on merit without any further adjournment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 295.......eme Court High Court Division (Civil) Present: MA Aziz J Hosna Jahan (Munna)…………………Defendant-Petitioner. Vs. Md. Shajahan (Shaju) and others…………………Plaintiff-Opposite Parties. Judgment April 2, 1998. Result: The application is rejected. ......Suit No.27 of 1996 till disposal of Nari-O-Shishu Nirjatan Case No.8 of 1996. The learned Senior Assistant Judge by order dated 8-1-98 rejected the application for stay, holding, inter alia, that the nature and character of the 2(two) cases are entirely different. Though the Assistant Judge did not ..

Category: Family Law | Date: | Hits: 166

Bangladesh and another Vs. Banarashi Lal Sharaf and others, 1993, 22 CLC (HCD)

....iff's Title Suit No.18/57 is dismissed. In the facts and circumstances of the case parties shall bear their respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669.......r respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669.......e filed his Khatas before the Collector along with his petition Ext. B when asked for and Deputy Superintendent Gomesh and D.W.3 Sami Ahmed went to his shop and inspected some Khatas and put their signatures thereon. But there is nothing in the said application of the plaintiff Ext. B about producti..

Category: Fiscal/Taxation Law | Date: | Hits: 125

Mir Shahidul Islam and others Vs. State, 1998, 17 CLC (HCD)

....ed. In the result, the Rule is discharged and the petitioners are directed to surrender to the Court below on the date i.e. 16-7-98. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 506.......nd the petitioners are directed to surrender to the Court below on the date i.e. 16-7-98. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 506.......42 in which one of us was a party we observed as follows: “Ordinarily when warrant of arrest is issued against a person or a person is wanted in connection with a non-bailable offence of serious nature he is not entitled to get anticipatory bail. Merely because person is respectable, influentia..

Category: Criminal Law | Date: | Hits: 84

Mizanur Rahman Khan (Md.) and another Vs. Jinnatul Ferdous and others, 1999, 18 CLC (HCD)

....ioner on 18-6-97 in execution of the writ issued to him by the learned Executing Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 493. ......o Reported in: 51 DLR (HCD) (1999) 493. ...... Abdul Quayum, the learned Advocate appearing for the petitioners, has cited before me the case of Mababala Hegde Vs. Meenakshi Heggadithi and others reported in AIR 1960 Mysore 193. In this case the nature and scope of an award decree has been elaborated. Mr. Quayum also cited before me the case re..

Category: Civil Law | Date: | Hits: 66

Tahmid Ahmed Vs. Jalaluddin Jafar Ali Husein, 1999, 18 CLC (HCD)

....ise closed and concluded by a proper hearing, vide 48 DLR (AD) 178. Hence the instant review application must fail as not maintainable. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 483.......R (AD) 178. Hence the instant review application must fail as not maintainable. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 483.......the said important documents by not inviting him to the board meeting but also held the meeting in violation of the said directions of this Court, which directions were ancillary and consequential in nature. In the circumstances, this Court declared the holding of the said annual general meetings nu..

Category: Company Law | Date: | Hits: 186

Almas Miah Vs. State, 2002, 31 CLC (HCD)

....ppellant is acquitted from the charge. Let the appellant be set at liberty if he is not wanted in any other case. Send down the records. Ed. This Case is also Reported in: 55 DLR (2003) 403. ...... appellant be set at liberty if he is not wanted in any other case. Send down the records. Ed. This Case is also Reported in: 55 DLR (2003) 403. ......nce is established. 8. The object of the legislation is to prevent using or trafficking in any way in counterfeit or forged notes. The offence as made under the section is no doubt of very serious nature and may entail life imprisonment depending on the gravity of the offence. As the offence is g..

Category: Criminal Law | Date: | Hits: 87

Nazrul Islam Vs. State and others, 2002, 31 CLC (HCD)

....monirhat now detained in Lalmonirhat District Jail, Lalmonirhat be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 55 DLR (2003) 401. ......Jail, Lalmonirhat be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 55 DLR (2003) 401. ...... of breaking and trampling the photograph of the Prime Minister amounts to prejudicial act as defined in sub‑section (f) of section 2 of the Special Powers Act and in considering the gravity of the nature of the offence alleged to have been committed by the detenu the Rule should be discharged. ..

Category: Criminal Law | Date: | Hits: 69

Government of Bangladesh and others Vs. Md. Shafiqur Rahman, 2011, 40 CLC (AD)

....Wit Petition No.3969 be stayed till hearing of the appeal. The appellants are directed to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 572.......e directed to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 572....... before the High Court Division for declar­ing the impugned memo bearing No.অম/অবি/(বাস্ত-৫)/বিবিধ-৭/৯৬-২০০৯/৫৩ dated 12.03.2009 issued under the signature of present petitioner No.2 (annexure-L to the writ petition) refusing re-fixation of the pay ..

Category: Employment/Service Law | Date: | Hits: 86

AKM Muhituddin Vs. State, 1999, 18 CLC (HCD)

.... substance. In view of the discussion made above the Rule is discharged. Send down the LC records at once to the court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 274.......above the Rule is discharged. Send down the LC records at once to the court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 274.......own sources of income—expressions “certain persons” “any person” and “whoever” that have been used in different parts of the Act apparently show that same are unspecified and general in nature as well as in character or, in other words, the said expressions are in no way referable to a..

Category: Criminal Law | Date: | Hits: 62

State Vs. MA Wahab, Advocate, 1998, 17 CLC (HCD)

....iscellaneous Case is disposed of with the above observations and the opposite party is exonerated from the charges brought against him. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 257.......e observations and the opposite party is exonerated from the charges brought against him. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 257.......pecially when no ground was taken in the petition for bail and no emergency case was made out. We are of opinion that the Vacation Bench has no jurisdiction to grant ad-interim bail in a case of this nature.” (ii) “It means that the learned Advocate, Mr. MA Wahab, has obtained the ad-interim ..

Category: Criminal Law | Date: | Hits: 92

State Vs. Sree Ranjit Kumar Prama­nik, 1990, 19 CLC (HCD)

....e valuable service rendered by Mr. Abu Sayeed Ahammed who volunteered to appear on behalf of the accused and was accepted by the court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 660.......hammed who volunteered to appear on behalf of the accused and was accepted by the court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 660.......uding right common carotid artery and injury to spinal cord (brain)”. According to him the death was due to haemorrhage and shock as a result of injuries which are ante‑mortem and homicidal in nature. He also found RM to be present in the dead body but he failed to mention what type of weapon..

Category: Property Law | Date: | Hits: 69

Hazrat Ali and another Vs. Kudrat Ali and others, 1991, 20 CLC (HCD)

....n this case on behalf of the petitioners have no manner of application. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 658.......other………………Petitioners Vs. Kudrat Ali and others………………Opposite Parties Judgment March 11, 1991. Result: The Rule is discharged. Cases Referred to- Ashwini Kumar Karmaker Vs. Hari Mohan and others, 35 DLR (AD) 334; S Joga Moya Debi and others Vs. SDD S......Bibran Chandra Das 51 CWN 644 and the case of S Joga Moya Debi and others Vs. SDD Singh Hazari 36 DLR 272 in support of his contention that in a pre‑emption case the court cannot examine the benami nature of transaction. He also cited the case of Upendra Vs. Janab Ali, 29 DLR 229. None of the case..

Category: Property Law | Date: | Hits: 72