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Khandaker Abdul Hannan Vs. Sayara Begum, and anr., 2004, 33 CLC (AD)
....cordingly, the appeal is dismissed upon reduction of the sentence to the extent of period of imprisonment already served out. The appellant is discharged from his bail bond. Ed. ......cordingly, the appeal is dismissed upon reduction of the sentence to the extent of period of imprisonment already served out. The appellant is discharged from his bail bond. Ed. ......cordingly, the appeal is dismissed upon reduction of the sentence to the extent of period of imprisonment already served out. The appellant is discharged from his bail bond. Ed. ..Category: Criminal Law | Date: 22 Apr, 2003 | Hits: 78
United Commercial Bank Ltd. Vs. Jahangir Alam Khan & ors., 2004, 33 CLC (AD)
....comment on it. 11. However, in any view of the matter, the impugned order does not suffer from any infirmity for our interference. The petition is dismissed. Ed. ......a neutral Chairman even in the absence of an application under section 85(3) of the Companies Act invoking the provision of section 85(2) of the Companies Act in the facts and circumstances of the case……….(9) Lawyers Involved: Rokanuddin Mahmud......comment on it. 11. However, in any view of the matter, the impugned order does not suffer from any infirmity for our interference. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: 22 Apr, 2003 | Hits: 201
Amir Hossain Vs. MA Malek & others, 2004, 33 CLC (AD)
.... is no bar for the complaint case to proceed side by side with winding up proceeding. In view of the above, the appeal is allowed. Ed. This Case is also Reported in: 56 DLR (AD) 146. ...... Judgment April 15, 2003. Result: The appeal is allowed. The Negotiable Instruments Act, 1881 (XXIV of 1881) Section 138 All the requirements of law are available in this case to bring the offence under section 138 of The Negotiable Instruments Act as the convict-respond......entence of fine from Taka 1,80,00,000 to 90,00,000. 2. The prosecution case is that, the complainant petitioner and convict respondents are partners and run the business in the name of Homeland Footwear Ltd. The complainant petitioner gave Taka 1,00,00,000 to the respondents as loan. When..Category: Criminal Law | Date: 15 Apr, 2003 | Hits: 88
Abdul Jalil Sarder Vs. State, 2003, 32 CLC (AD)
.... of Act II of 1947 is set aside and he is acquitted of the charges leveled against him. The appellant is discharged from his bail bond. Ed. This Case is also Reported in: 1 ADC (2004) 9. ......er section 409 of the penal code read with section 5(2) of the Prevention of Corruption Act, 1947 (Act II of 1947) and was sentenced only under section 409 of the Penal Code. 2. Prosecution case, in short, is that appellant was the chairman of project committee for the development of ...... of Act II of 1947 is set aside and he is acquitted of the charges leveled against him. The appellant is discharged from his bail bond. Ed. This Case is also Reported in: 1 ADC (2004) 9. ..Category: Anti-Corruption Laws | Date: 12 Apr, 2003 | Hits: 158
Suo Moto Order No. 248 of 2003, 32 CLC (HCD)
....ey General for Bangladesh for necessary action. With the aforesaid observations and directions the matters is disposed of. Ed. This Case is also Reported in: 11 BLT (HCD) (2003) 281. ......port to this Court directing him further to include in the report the information of the children in jail with their respective ages and their accommodation and health condition along with details of cases pending against them mentioning the specific sections of the law. Pursuant to our order the In......ey General for Bangladesh for necessary action. With the aforesaid observations and directions the matters is disposed of. Ed. This Case is also Reported in: 11 BLT (HCD) (2003) 281. ..Category: Women and Children | Date: 9 Apr, 2003 | Hits: 148
Sazzadul Haque Liku (Md.) and others Vs. Sarder Anwar Hossain, 2003, 32 CLC (HCD)
....his Rule is made absolute. The impugned judgment and order is set aside and the plaint is rejected. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 273. ......nly be disposed of under section 26 of the Local Government (Union Parishads) Ordinance, 1993, therefore, the instant suit is not maintainable in law. In support of his contention he has referred the case of AFM Shaha Alam Vs. Mozibul Hoque reported in 41 DLR (AD) 68. 8. Mr. SS Halder, the lear......his Rule is made absolute. The impugned judgment and order is set aside and the plaint is rejected. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 273. ..Category: Civil Law, Election Law | Date: 24 Mar, 2003 | Hits: 2
Motiur Rahman and others Vs. Chowdhury Md Mahfuzul Islam and ors., 2003, 32 CLC (AD).
....ve, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 104. ......oner respondent was not considered. On the other hand, the authorities have twice promoted some of his junior colleagues to the post of Superintending Engineer superseding him without considering his case for promotion. Accordingly, the respondent submitted applications to the Chairman of the BADC o......ve, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 104. ..Category: Others | Date: 24 Mar, 2003 | Hits: 87
Giasuddin Ahmed Vs. Green Delta Insurance Co. Ltd. & anr., 2004, 33 CLC (AD)
....s both seen and taken together would not bar the respondents to register the appellant's share. In view of the above the appeal is allowed without any order as to costs. Ed. ......ssociation to refuse registration of transfer of its shares is not absolute or uncontrolled and must be exercised bona fide and not arbitrarily. But this sub-section is not relevant in the instant case as it is a public company whose shares are traded in the Stock Exchange Commission. Persons bu......ellip;..(27, 29 & 33) Cases Referred to- Bajaj Auto Ltd vs NK Firodia (1971) 41 Comp Cases 1, 6, 7 (SC); Re Smith & Fawcett Ltd. (1942) Ch. 304 & (1942) All England Report 542. Lawyers Involved: Dr. Salauddin Ahmed, Advocate, ..Category: Business or Commercial Law | Date: 24 Mar, 2003 | Hits: 286
Mobarak Hossain alias Mobarak Vs. State, 2004, 33 CLC (AD)
....titioner and other convicts unsustainable in law we find no reason to interfere with the judgment and order sought to be appealed. Accordingly, the petition is dismissed. Ed. ......he Evidence Act, 1872 (I of 1872), Section 154 Evidence of a hostile witness is of no worth for the prosecution. However on consideration of such evidence along with other evidence if case of the prosecution is proved or case of the prosecution does not stand, whatever order passed ......titioner and other convicts unsustainable in law we find no reason to interfere with the judgment and order sought to be appealed. Accordingly, the petition is dismissed. Ed. ..Category: Procedural Law | Date: 24 Mar, 2003 | Hits: 121
Govt. of BD rep. by the Sec., Min. of Housing & Pub. Work & ors Vs. Md. Javed Alam, 2004, 33 CLC (AD
....ing direction to restore vacant possession of the property in question to tile respondent is maintained. Accordingly, the leave petition is disposed of in the aforesaid manner. Ed. ......t. Respondent's father died in the year 1985 leaving him as the sole heir. The property having been listed as abandoned property in the light of the provision of Ordinance 54 of 1985 respondent filed case before the Court of Settlement and the same was numbered as Case No. 10 19 of 1992. The case wa......ing direction to restore vacant possession of the property in question to tile respondent is maintained. Accordingly, the leave petition is disposed of in the aforesaid manner. Ed. ..Category: Property Law | Date: 24 Mar, 2003 | Hits: 463
Syeda Mazeda Khatun Vs. Bangladesh Shilpa Rin Sangstha, 2003, 32 CLC (AD).
.... In that view of the matter, this petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 82. ......dministrative Appellate Tribunal passed in Appeal No. 46 of 2000 affirming those of the Administrative Tribunal, Dhaka dismissing AT Case No. 62 of 1990. 2. The petitioner's case, in brief, is that she was appointed as Librarian in the Investment Advisory Centre of Banglade...... of the case the principles of waiver would be attracted in order to deprive the petitioner of the right that has accrued by lapse of time. 15. Waiver has been defined in Halsbury's Laws of England as: “Waiver’ is the abandonment of a right and is either express or imp..Category: Employment/Service Law | Date: 17 Mar, 2003 | Hits: 84
Moinul Haque (Md) & anr. Vs. State, 2004, 33 CLC (AD)
.... substance in the petitions. The two petitions are accordingly dismissed. Ed. This Case is also Referred in: 56 DLR (AD) 81; 9 MLR (2004) (AD) 321. ......not necessary to prove individual overt act for an offence under section 6(4). This rule provides for punishment both for individual as well as for constructive liability of a gang. In the instant case there being strong circumstantial evidence incapable of explanation upon any other reasonable ...... substance in the petitions. The two petitions are accordingly dismissed. Ed. This Case is also Referred in: 56 DLR (AD) 81; 9 MLR (2004) (AD) 321. ..Category: Criminal Law | Date: 13 Mar, 2003 | Hits: 316
Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)
....ourt Division in the company matter, we do not find any reason to grant leave against the said judgment. The petition is therefore, dismissed and the delay is condoned. Ed. ......ertain documents that the projection shows significantly higher income than the audited accounts. He assessed the net worth of the company and the value of the shares on the basis of the best case, the most likely case and the worst case scenario derived from several assumptions like numbe...... any form that is thought to be suitable either by the applicant or by the court. In the equivalent jurisdictions, there art specific provisions which provide the relief, such as section 261 in England and section 260 in Australia, The Indian section 397 is flexible as the Bangladeshi provision ..Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273
Aloke Nath Dey Vs. Govt. of BD. rep. by the DC, 2004, 33 CLC (AD)
....the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. ......d by the Subordinate Judge and District Delegate in Miscellaneous Case No. 121 of 1997 granting succession certificate to the appellant under section 3721 of the Succession Act. 2. The case of the appellant, in short is that one Haladhar Chandra Dey, the proprietor of Ms H Dey Jewell......the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: 11 Mar, 2003 | Hits: 436
Salema Khatun Vs. Matiur Rahman, 2003, 32 CLC (HCD)
....e of the rule is vacated. In the facts of the case, I do not make any order as to costs. Send down the lower Court record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 339. ......d and that she sent the rent for the month of February by money order and when the rent remitted by the postal money order was returned to the defendant on 27.3.2000 the defendant filed rent deposits case being H.R. Case No.10 of 2000 and since then has been depositing monthly rent with the House Re......ct was served on the defendant and that the defendant was not a defaulter and that the defendant offered rent for the month of December, 1999 through her son Md. Omar Hussain which was refused by the landlord and that she sent the rent for the month of February by money order and when the rent remit..Category: Tenancy Law | Date: 8 Feb, 2003 | Hits: 61
....se of action, if any, had matured.
In view of the above the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (AD) (2003) 94; 1 ADC (2004) 497.
......hat. What it means that if the legislatures desire that the amended statute shall have a retrospective effect, the intention shall have to be clearly expressed in the statute.
18. There are many cases upon the general doctrine whether an Act of Parliament may be read retrospectively or not and ......se of action, if any, had matured.
In view of the above the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (AD) (2003) 94; 1 ADC (2004) 497.
..
Category: Others | Date: 8 Feb, 2003 | Hits: 112
Abul Hossain (Md) Vs. State, 2003, 32 CLC (AD).
....urt Division 'Further enquiry" is directed to be held. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 125. ...... The Code of Criminal Procedure, 1898 (V of 1898), Sections 155, 190 & 195 (i) The function of a revenue officer in mutation case is not judicial functions to make it a court and hence bar under section 195 is not attracted.......stat certified copy of a decree of Title Suit No. 663 of 1978 of the Second Court of Munsif, Satkhira in support of his case. The appellant prayed for mutating his name in respect of 0.44 decimals of land in plot No. 1858 of SA Khatian No. 983 under 101 Kotia Mouza with Satkhira PS. &nb..Category: Property Law | Date: 4 Feb, 2003 | Hits: 80
Nasima Akhter Vs. Md. Siraj Miah and other, 2003, 32 CLC (AD)
....fers from no illegality and/or infirmity and we are not inclined to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 38. ......oner Vs. Md. Siraj Miah and other............Respondents Judgment February 4, 2003. Result: The petition is dismissed. The Specific Relief Act, 1877 (I of 1877), Section 12 In case of sale of immovable property, the court ordinarily does not take into consideration the increa...... We find hardly any materials on record to differ with the finding arrived at by the High Court Division. 12. Be that as it may, it has been proved that there was an agreement for sale of the suit land for an amount of Taka. 1,68,000 between the parties and at the, time of baina only Taka 5,000 w..Category: Property Law | Date: 4 Feb, 2003 | Hits: 147
Md. Ashequr Rahman Vs. Bangladesh Agricultural Research Institute, 2003, 32 CLC (AD)
....uded within 180 days as per Regulation 43(8) of the Regulations. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 1. ......it his reply to the allegations in the show cause notice and that was also directed to communicate as to whether he would like to he heard in person. In the show cause notice it was mentioned that in case of his failure to reply to the show cause notice and to communicate as to whether he would like......uded within 180 days as per Regulation 43(8) of the Regulations. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 1. ..Category: Employment/Service Law | Date: 2 Feb, 2003 | Hits: 92
Islami Bank Bangladesh Ltd. Vs. Sub-Judge and Additional Artha Rin Adalat & others, 2003, 32 CLC (AD
.... allowed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 121. ......o file the suit for the amount due from the pawnor or to sell the pawned goods for realisation of the outstanding debt and then for the debt, if remains unsatisfied, to file suit, has referred to the case of AM Burq and another vs. Central Exchange Bank Ltd. and others reported in PLD 1966 Lahore 1....... allowed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 121. ..Category: Business or Commercial Law | Date: 28 Jan, 2003 | Hits: 112
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