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Nakuleswar Sana Vs. State, 1983, 12 CLC (AD)
....and and other equipments worth over Tk. 5 lacs in favour of the Bank. By 30-1-80, the petitioner had already deposited Tk. 1,01,300/- towards repayment of the loan and interest thereon. The Bank also filed Mortgage Suit being Title Suit No.60 of 1980 which is pending. In view of the above, it is ......r will be an abuse of the process of the court. No one, however appeared before the High Court Division in support of the rule and the High Court Division recorded the order that no interference is called for as the learned Judge were satisfied "a prima facie case had been made out against the acc......ity is offered, for temporary accommodation the Banker in the usual course of business considers the soundness of the proposal keeping the eye on the overvaluation, and market fluctuation and the loss which may arise owing to forced sale. In this case the allegation is that the Bank Manager acco..Category: Criminal Law | Date: | Hits: 95
Mohibul Alam Vs. State, 2012, 41 CLC (HCD)
....No. 3, Kushtia in Session Case No. 86 of 2007 convicting the appellant under clause 1(Ka) of section 19(1) of the Madak Drobyo Niyontron Ain, 1990 and sentencing him there under to suffer simple imprisonment for eight years. 2. Informant Md. Anwar Hossain, a Sub-Inspector of the Directorate of Na...... No.4 dated 5.12.2006. Police after investigation submitted a charge sheet on 20.12.2006 against the appellant under clause 1(Ka) of section 19(1) of the Madak Drobyo Niyontron Ain, 1990 (hereinafter called the Ain). 4. The case having been ready for trial was sent to the Sessions Judge, Kushtia ......ions Judge, Court No. 3, Kushtia in Session Case No.86 of 2007 is maintained. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 81
Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)
....r Ahmed…………………Petitioner Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others……………………Respondents Judgment December 8, 2010. Result: The Rule is made absolute. Cases Referred to- CQMH Md. Ayub Ali Vs. Bangladesh, 47 DLR (AD) 71; Mrs. Amena Khatun......Short fact, as appear from the relevant documents annexed to the writ petition, are that the land and the building thereon at plot No.N(W)H, Block-6, 159 Gulshan Avenue, Gulshan-2, Dhaka (hereinafter called "the said property") originally belonged to one Mrs. Inge Flatz (an Austrian Lady) by virtue ...... Court Division in First Appeal No.585 of 2001 within 30 days from receipt of the copy of this judgment. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ..Category: Property Law | Date: | Hits: 127
Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)
....………………Petitioner Vs. Belayet Ali Sheikh and others………………………Defendants-Respondents-Opposite Parties Judgment August 23, 2009. Result: The Rule is made absolute. Cases Referred to- Province of East Pakistan Vs. Muhammad Hossain Mia, 16 DLR (SC) 66...... Opposite Parties. Civil Revision No.697 of 1997. Judgment Md. Momtaz Uddin Ahmed J.- The Rule was issued at the instance of the defendant No.6 on the following terms: "Let the records be called for and a Rule issue calling upon the opposite party No.1 show cause as to why the impugned j......nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ..Category: Property Law | Date: | Hits: 123
Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....ed alias Sheikh Hasina……………………Accused-Petitioner Vs. State and another……………………Opposite-Parties Judgment April 13, 2010. Result: The rule is made absolute. Cases Referred to- AKM Rafiqul Islam Vs. State, 17 BLD 198; Abdul Quader Chowdhury Vs....... alia that the accused petitioner in connivance with another by abusing her official power approved the Private Sector Generation Policy on 14-10-1996 and consequently the Power Development Board called for international Request For Proposal for setting up three (3 x 100 Mega Watt) Barge Mounted......o.3 of 2008, now pending in the Court of Special Judge, Court No.1, Dhaka be quashed so far as it relates to the accused petitioner. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 162. ..Category: Criminal Law | Date: | Hits: 156
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
....s. Bangladesh, 26 DLR (AD) 44; Dr. Mohiuddin Farooque Vs. Bangladesh, 49 DLR (AD) 1; ETV Ltd. Vs. BTRC, 54 DLR (AD) 130; Md. Yakub Vs. Chief Settlement Commissioner, PLD 1965 SC 254=17 DLR (SC) 105; Asoke Kumar Vs. National Insurance, AIR 1998 SC 2046; AIR 1968 SC 1196, AIR 1986 SC 391; AIR 1993 SC ......hearing of the matter, it was considered necessary to have assistance on the points involved in the matter and accordingly, Mr. Rafique-ul-Huq and Mr. Abdul Wadud Bhuiyan, the learned Advocates, were called upon to appear as Amici Curiae to assist the court to resolve the issues involved. 12. Mr.......eferendum nor it is ultra vires the Constitution. With these insights I fully concur with the decision already arrived at in this reference. Ed. This Case is also Reported in: 57 DLR (2005) 172. ..Category: Constitutional Law | Date: | Hits: 215
State Vs. Innocent N Egbunine, 1994, 23 CLC (HCD)
....e Court High Court Division (Criminal) Present: Md. Badruzzaman J Md. Fazlul Karim J State……………Petitioner Vs. Innocent N Egbunine…………….Condemned‑Prisoner Judgment June 22, 1994. Result: The Reference is rejected and the Jail Appeal is ......ssion. Said Assistant Director disclosed their identities and asked about the boarder of room No.14 to which Mr. Innocent replied that he has hired that room for one of his friends. Then the Director called the Manager of the said Guest House to verify the register of the hotel but as the system of ...... condemned‑prisoner Innocent N. Egbunine be transferred from the condemned cell to the cell meant for the convicts of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ..Category: Criminal Law | Date: | Hits: 164
Shahidullah Patwary Vs. State, 1983, 12 CLC (AD)
.... the judgment and order dated 28-5-82 passed by the High Court Division in Criminal Revision No.38 of 1981) Judgment Shahabnddin Ahmed J.- The question involved in this appeal is whether a person who executed a bond for production of a property before Court is liable to prosecution for crimi...... appeal is whether a person who executed a bond for production of a property before Court is liable to prosecution for criminal breach of trust in the case of his failure to produce the property when called for, in addition to or independent of the forfeiture of his bond under section 514 of the Cod......ismissed. The opinion expressed above will not, however, influence the decision of the trial Court in the case against the appellant. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 281. ..Category: Criminal Law | Date: | Hits: 111
Bakshu Mia Vs. Govt.of Bangladesh and others, 1977, 6 CLC (AD)
....of 9-9-1974. The Police took up investigation, recovered the dead body of Montazur Rahman from a certain Haor and completing investigation submitted charge sheet on 29-6-1975 against the accused persons under section 148/364/120B and 302 of the Penal Code, read with Special Powers Act, 1974, to st......the Court of Special Tribunal, Sylhet, the Special Public Prosecutor filed a petition on 24.11.1976, praying for withdrawal of the case. The Special Tribunal allowed the prayer for withdrawal and recalled all processes. 3. Against this order of withdrawal, the appellant moved the High Court in ......nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ..Category: Criminal Law | Date: | Hits: 99
Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Corporation Ltd., 1982, 11 CLC (AD)
....n Limited while enjoying cash credit facility with the Bank of Credit and Commerce International, briefly stated "BCCI", to the extent of Tk. 60,00,000/- (Taka sixty lacs) by executing a Demand Promissory Note and deed of hypothecation of raw materials and finished goods as security, applied for r......vanced by way of loan, ah existing or future debt or the performance of an agreement which may give rise to pecuniary liabilities". And the instrument (if any) by which the transfer is effected is called a mortgage-deed. Art. 40 gives the description of the instrument namely mortgage-deed but e...... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ..Category: Fiscal/Taxation Law | Date: | Hits: 269
....ineering Corporation.......................Appellant (In Civil Appeal No.36 of 1976).
Bangladesh.........................................Appellant (In Civil Appeal No.37 of 1976).
Vs.
Md. Masood Reza and others................Respondents (In both the Appeals)
Judgment
June 30, 1977....... to restore the Respondents firm to Respondents No.1 to 3 in compliance with the Government order of release of the enterprise on cancellation of its placement under the Corporation and the Court has called upon the Corporation to show cause why such an order should not be made in such a case, the C......any learned brother Mr. Justice Munim that these appeals should be dismissed.
Order of the Court.
The appeals are dismissed.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 169.
..
Category: Others | Date: | Hits: 154
Christian Service Society (CSS) Vs. First Labour Court, Chittagong and others, 2008, 37 CLC (HCD)
....ociety (CSS)................................Petitioner Vs. First Labour Court, Chittagong and others................Respondents Judgment January 6, 2008. Result: The Rule is made absolute. Cases Referred to- 57 DLR 741; 28 DLR 473; 12 MLR 401; 7 BLC (AD) 119; 49 DLR (AD) 17......itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ......organization may go for incidental activities related to or connected with charitable or welfare activities but in no way can go for investing the society's fund with the presence of risk factor of loss and engaged itself in activities in no way related to social welfare activity. If the society r..Category: Labour and Industrial Law | Date: | Hits: 201
Golam Mowla Vs. Abdul Hashem, 2009, 38 CLC (HCD)
....tion) Present: Md. Momtazuddin Ahmed J Golam Mowla............Petitioner Vs. Abdul Hashem.................Opposite Party Judgment August 2, 2009. Result: The Rule is made absolute. Cases Referred to- Ranju Roy Vs. Jibesh Ranjan Roy, 14 MLR (AD) 18; Anwar Hossain Vs. ......ion No. 383 of 2003. Judgment Md. Momtazuddin Ahmed J. - The Rule has been issued at the instant of the heirs of Golam Mowla defendant of the suit on the following terms: "Let the records be called for and a Rule be issued calling upon the opposite party No.1 to show cause as to why the jud......judgment and decree of trial Court are restored and thereby, the suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 85. ..Category: Property Law | Date: | Hits: 88
Abdur Rahman Vs. Md. Abdul Awal and others, 2009, 38 CLC (HCD)
....hief Metropolitan Magistrate by his order dated 28-5-1997 drawing proceedings under section 145 of the Code directed the parties to maintain status quo in respect of possession of the case land and also to file their written statements. By the same order the case record was transferred to the Court ......ted 4-12-2004 passed by the learned Metropolitan Magistrate, Chittagong in Miscellaneous Case No. 262 of 1997 allowing the application under section 145 of the Code of Criminal Procedure, hereinafter called the Code, should not be quashed and/or pass such other or further order or orders as to this ......in Criminal Revision No. 13 of 2005 affirming those passed by the trial Court is hereby upheld. Send down the lower Courts records. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 80. ..Category: Criminal Law | Date: | Hits: 122
Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)
....facts are that a Sub-Inspector of Police named Abdur Razzaque, attached to Police Station Kotwali, Dacca lodged a first information report on 5-2-1974 alleging that having got an information that some forged and counterfeit non-judicial stamps were offered for sale by some persons near the cou......ration is whether for offences alleged to have been committed on or prior to 5-2-1974 the appellants can be tried by the Special Tribunal under the Special Powers Act (Act XIV of 1974 hereinafter called the Act) which came into force on 9-2-1974. 2. The facts are that a Sub-Inspector of Polic......e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112...Category: Criminal Law | Date: | Hits: 76
Bangladesh Bank and another Vs. Sukamal Sinha Choudhury and another, 2011, 40 CLC (AD)
.... Civil Petition for leave to appeal is directed against the judgment and order dated 02.06.2010 passed by a Division Bench of the High Court Division in Writ Petition No.530 of 2009 making the rule absolute. 2. The present respondent No.1 filed the above mentioned writ petition impugning the Admi......ng several years before the promotion of the writ petitioner to the post of General Manager, it would have been illegal on the part of the Bangladesh Bank if the petitioner was promoted as per the so-called practice of seniority basis only. The learned Counsel has argued also that the impugned circu......ted earlier be extended till disposal of the appeal. This interim order shall not effect in any way retirement benefit of the respondent. Ed. This Case is also Reported in: 9 ADC (2012) 218...Category: Employment/Service Law | Date: | Hits: 211
National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 22 CLC (AD)
....ion No.3453 of 1998). Judgment Mohammad Fazlul Karim J. - The appellants (writ-respondents) obtained leave against the impugned judgment and order of the High Court Division making the rule absolute declaring that the impugned Memo No.2(14) Customs-8/90/307 dated 8.2.1996 vide Annexure-C of ......ard as a packing material is required to make carton (inner and master) for packing the shrimps; that each inner carton contains 2 KG Shrimps and the said 6 inner cartons are packed in another carton called the Master carton and in this way the export is being made. Locally made duplex board is infe...... judgment with reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: | Hits: 140
Government of Bangladesh and others Vs. Md. Salim Reza, 2003, 22 CLC (AD)
.... Judgment Mohammad Fazlul Karim J. - This appeal by leave arises out of judgment and order dated 7th May 2000 passed by the High Court Division in Writ Petition No.4753 of 1999 making the rule absolute. 2. The respondent filed the writ petition stating, inter alia, that appellant no.1 Govern......tained in the order of termination of the probationer but might be contained in any document referred to in the termination order or in its annexures. Obviously, such a document could be asked for or called for by any future employed of the probationer. In such a case, the order of termination would......ed to punishment. First test is to ascertain whether the servant but for such termination had the right to hold the post. The other test is whether he has been visited with evil consequences, in that loss of service benefits accrued to him. In such a case the order of termination if taken without co..Category: Employment/Service Law | Date: | Hits: 155
Nurul Islam and others Vs. Arif Ullah and others, 2012, 41 CLC (HCD)
....le was issued on 26.2.1984 and initially it was numbered as Civil Revision No. 24 of 1984. Subsequently it was renumbered with its present number possibly on transfer from Sylhet Bench, though the reason of such renumbering is not recorded. Today it is posted in the cause list and called for hearing......of 1984. Subsequently it was renumbered with its present number possibly on transfer from Sylhet Bench, though the reason of such renumbering is not recorded. Today it is posted in the cause list and called for hearing, but no one appears for either of the parties. In view of its long pendency for m......Accordingly the Rule is discharged. The order of status quo granted earlier at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 70
Halima Jaman and other Vs. Government of Bangladesh, 1998, 27 CLC (HCD)
....t of defendant No.1 A Satter Solaiman was struck off by the court because the power of Attorney of the defendant had not been validated in Bangladesh and the written statement of defendant No.3 was also struck off on 24-6-1975 on the expirey of his lease. Before the trial Court as many as two witnes...... sit on the matter again for a rehearing or further hearing which is already concluded by decision even if that be erroneous.” 14. The last argument of Mr. Khandakar Mahbubuddin Ahmed is what he called abatement of the suit upon death of defendant Abdus Satter Solaiman during the pendency of th...... 1 of the CPC. We find no merit in this application for review. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 352. ..Category: Property Law | Date: | Hits: 89
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