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State Vs. Kazol, 2011, 40 CLC (HCD)
....med J Md. Habibul Gani J The State……………………………………………………Petitioner Vs. Kazol ……………………………………………………Condemned Prisoner Judgment February 20, 2011. Cases Referred To- Bhola Vs. State 55 DLR (2003), 36; ......, thereafter, that Taposh is reported to have been declared dead. The informant eventually deposed as P.W.3 reiterating generally the facts as stated in the F.I.R. commencing with his son having been called away from home by the accused persons and later P.W.12 Hira having come and informed him of T...... the Druto Bichar Tribunal-2, Dhaka immediately. Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 106
Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)
....he post of President on 6.12.90 at about 3‑00 PM. He was staying at the Senabhaban at Dhaka Cantonment which is his official residence. After resignation he stayed there for 6 days. Thereafter, for some reasons he was removed from said residence at half past three in the afternoon on 12th December......e the police station. This brings one to the next second scene of the first act of the drama when the officer in charge goes off riding his horse or on foot to investigate on first going to the place called PO. The drama then moves to the second act of the drama which may show the inquiry. Then it g......of the High Court. We, having considered the matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ..Category: Criminal Law | Date: | Hits: 125
Naresh Lal Saha and other Vs. Bhupati Mohan Roy and others, 1990, 19 CLC (HCD)
....suing show cause as to why the principal opposite parties 1 to 3 (Petitioners before this Court) should not be removed from Trusteeship of the Gakul Chandra Roy Trust Estate and why other suitable persons should not be appointed as Trustees in their place and also to direct them to retain the accoun......ramed together and the same be decided in a single trial and that framing issues on point of law alone being an exception to this general rule, the exception can be taken recourse to when the same is called upon in the interest of justice. The Court below acted rightly in rejecting the prayer for fr...... In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 96...Category: Procedural Law | Date: | Hits: 62
Akhtar Hossain alias, Babul Akhtar alias, Akhtar Ali and another Vs. The State, 1991, 20 CLC (HCD)
....as Akhtar Ali and No.2 Md. Amir Ali by his judgment and order dated 13.2.90 under Chuadanga Sessions Case No.42 of 1988 convicting them under sections 302/34 of the Penal Code. 2. The condemned prisoners also have preferred an appeal being Criminal Appeal No.139 of 1990 against the judgment and o...... and supervision of the very Sub‑Inspector who had conducted the investigation and had earlier suspected and, according to the accused, actually arrested three other persons and two of them are now called as to prosecution witnesses to depose against the appellant about a matter on which the prose......nst them. It is directed that the condemned prisoners be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 83. ..Category: Criminal Law | Date: | Hits: 110
....pplied to the Bank for cash credit loan to purchase and preserve potatoes in the Cold Storage and an amount of Tk. 42 lac was sanctioned. The petitioner purchased and stored potatoes. This loan was also given against pledge of potatoes.
3. The petitioner has alleged that in 1981‑82 a large num......ed 11.12.88 are without lawful authority and are of no legal effect. The Rule is therefore made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 407.......ea of potatoes selling was almost over and fresh vegetable of all kinds were available in market in plenty. Consequently the belated decision of the Bank was of no avail and the petitioner suffered colossal loss. For this huge loss Bank was responsible to a very great extent because of not allowing ..
Category: Civil Law | Date: | Hits: 99
AKM Mohinus Saleh & others Vs. State, 1992, 21 CLC (HCD)
....l Revision Case No.1569 of 1991 (Dhaka). Judgment Habibur Rahman Khan J.- On an application under section 561A of the Code of Criminal Procedure filed by AKM Mohinus Saleh, the then Manager, Jessore Krishi Bank and thereafter a Senior Officer, Bangladesh Krishi Bank, Comilla and 2 others, a Ru......cope and ambit of the inherent power of the High Court under section 561A vis‑a‑vis an earlier order made by it was not covered by these decisions. In the instant case the High Court has not been called upon to revise or review the earlier order made by it in its revisional jurisdiction. Here th......idavit having been sworn in was filed wherein it has been stated that the suspension order in respect of the petitioner No.2 has been withdrawn by the authority with the observation that no financial loss has been caused to the bank and the bank has since been satisfied about its dues. The copy of t..Category: Criminal Law | Date: | Hits: 80
....rd parties were respectively plaintiff-Bank and the defendant company. The defendant company in terms of the agreement deposited 10% of L/C margin with Bangladesh Krishi Bank, Labonchora Branch and also opened L/C on 18.6.1985 in the Principal Office of Janata Bank, Dilkusha Commercial Area and ther......therefore, unable to accept the last submission of Mr. M. Khaled Ahmed.
26. In any view of the matter, having regard to the facts as aforesaid, this appeal must fail. No interference is therefore, called for.
27. In the result, the appeal is dismissed without any order as to cost. The impugned......00,000/- and the said suit was decreed on contest wherein the trial Court observed that defendant-bank (petitioner) is guilty for non-performance of his part of the contract resulting in causing huge loss to the plaintiff (respondent). Mr. Quamrul Haque Siddique, finally submits with force that the ..
Category: Civil Law | Date: | Hits: 217
.... A. Plot No.169 under S.A. Khatian No.7 of Mouja Helatola, Police Station and District Khulna, is that the suit land was gifted by the then Hindu Jaminder in favour of the plaintiff at the request of some cultural minded people of the locality. In support of the plaintiff’s case, it has examined f......iture statement of the plaintiff organization should be examined, so the Executive Committee of the plaintiff had to be dissolved. But, when account of the income and expenditure of the plaintiff was called for, the Secretary Mr. Enamul Haque Milu had failed to account for the income and expenditure......ourt Records along with the copies of the judgment to the court below.
Communicate the order at once.
MA Hye J.-I agree
This Case is also Reported in: 63 DLR (2011) 666.
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Category: Property Law | Date: | Hits: 89
Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)
....rticle 6 provided powers and functions of the respondent No.5 which did not empower him to function in the capacity of a banker. In that memorandum, it was mentioned that the institution would render social service to the public at large in terms of section 5(a) of Bank Companies Act, 1991. The peti......rned Advocate submits that the contemner respondent Nos. 3 and 4 is not liable to be proceeded against on charge of contempt of Court. They learned Advocates further submits that the Supreme Court is called upon to consider an allegation of contempt against it, a jurisdiction that should be sparingl......er as to cost. The contemnor-respondent Nos.1 to 4 are exonerated from the charge brought against them. Communicate at once. M. Moazzam Husain J. - I agree. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 115
Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)
....ents Judgment February 24, 2011. Cases Referred to- Ruhul Quddus, Advocate Vs. Justice MA Aziz, 60 DLR 511; Aminul Haque Helal Vs. Justice Sultan Hossain Khan, 11 BLC 339; University of Mysore Vs. Govinda Rao. AIR 1965 SC 49: Md. Idrisur Rahman Vs. Md. Shahid Uddin Ahmed, 1999 BLD 29=4 B......, Paragraph 169). 36. Broadly speaking, the quo warranto proceeding affords a judicial inquiry in which any person holding an independent substantive public office, or franchise, or liberty is called upon to show by what right he holds the said office franchise or liberty; if the inquiry lead......on as the case involves a substantial question of law as to the interpretation of the Constitution. The certificate as prayed for is granted. Ed. This Case is also Reported in: 63 DLR (2011) 626...Category: Employment/Service Law | Date: | Hits: 92
Shahabuddin (Md) Vs. Secretary, Ministry of Youth and Sports and others, 1991, 20 CLC (HCD)
....der Article 102(2) (a) (ii) of the Constitution which provides that the High Court Division may, if satisfied that no other equally efficacious remedy is provided by law, on the application of any person aggrieved, make an order declaring that any act done or proceeding taken by a person performing ......ncluding the decision by the Arbitration Tribunal were not taken by any person performing the functions in connection with the affairs of the Republic or of a local authority, such decision cannot be called in question before this Court under Article 102(2)(a)(ii) of the Constitution. (Respondent No......tition before this Court under Article 102(2)(a)(ii) of the Constitution, therefore, is not maintainable on the grounds stated above. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 360. ..Category: Constitutional Law | Date: | Hits: 165
Abdul Gani Khan Vs. Shamser Ali and others, 1991, 20 CLC (HCD)
....and received earnest money to the tune of Tk. 300.00 on execution of Bainapatra from plaintiff and made over possession of the suit land in favour of plaintiff. Thereafter Manada Sundari died leaving son Anil Chandra Bhattacharja. Plaintiff tendered the balance amount to Manada Sundari's son Anil Ch......parte decree stands vitiated by fraud. So, as per provision contained in section 44 of Evidence Act legality or otherwise of the impugned decree which is passed on the basis of Bainanama Ext.2 can be called in question without instituting any separate suit to have the ex parte decree set aside. 9......ust or confidence, justly reposed, and are injurious to another, or by which an undue and unconscionable advantage is taken by another. A person does a thing fraudulently if he does it with injury or loss to some person. Section 44 of the evidence Act lays down not only rule of law relating to the E..Category: Procedural Law | Date: | Hits: 105
AR Bhuiyan and Company Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)
....rust deed came to the conclusion that the assessee, was not entitled to get deduction on account of repayment of loan to the bank under section 10 (2)(XVI) and modified the assessment order on the reasoning that liability of settler in raising the fund by mortgaging the property cannot be treated as......xes under Income‑Tax Act. For the aforesaid discussion, we answer the question No.1 in the affirmative and against the assessee. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 347. ......ssee earned income, profits and gains from business and from house property. The essessee company submitted return of its income showing Tk. 12,453.00 for the assessment year 1969‑70. It showed net loss at Tk. 1,29,463.00 as per profit and loss account. The assessee showed gross income from house ..Category: Fiscal/Taxation Law | Date: | Hits: 90
Anil Krishna Mondal Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)
.... was detected that the petitioner did not deposit the said amount to the company and thereby committed misconduct. On detection of the same the petitioner was charged for keeping the money for his personal gains and asked to submit explanation. The explanation submitted was, however, found unsatisfa......g of the Domestic Tribunal is vitiated by procedural defect. This is not present here in this case. In view of the nature of the order impugned we do not find any merit in this rule and we are not called upon to declare that the order passed by the Labour Court is without lawful authority and is ......he Labour Court is without lawful authority and is of no legal effect. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 367. ..Category: Labour and Industrial Law | Date: | Hits: 115
Aslam Hossain Chaklader Vs. Ali Nur and others, 1991, 20 CLC (HCD)
....ejarader of the suit hat for 1398 BS on the basis of the auction sale of the Hat that took place on 11.4.91 in pursuance of notice dated 28.3.91 is illegal, without jurisdiction, etc. The plaintiff also filed a petition for temporary injunction under Order 39 rule 1 and section 151 CPC for restraini......te Judge is hereby set aside and the petition for temporary injunction is rejected. The connected Rule is disposed of accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 366. ...... was held peacefully and normally and he being the highest bidder amongst the 11 tenderers his bid was accepted and the suit Hat was leased out to him for the year 1398 BS and he will sustain a great loss and injury if he is now restrained from collecting tolls after purchase of the ejara by his goo..Category: Civil Law | Date: | Hits: 74
Dr. Joynal Abedin Vs. State, 1991, 20 CLC (HCD)
....d by Sessions Judge, Feni, in Criminal Appeal No.131 of 1985, dismissing the appeal upon modification of sentence by way of maintaining the sentence of fine only in place of sentence of rigorous imprisonment of one month and a fine of Taka 75.00 and thereby affirming the judgment and order dated 30.......if the petitioners are not further prosecuted in connection with the alleged occurrence resulting in the filing of CR Case No.45 of 1985. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 77.......ence and protected Eshaque. The further case of the complainant was that after the above acts the accused persons let loose their cows on the land of Eshaque and destroyed standing paddy and caused a loss of Taka 200/‑ to him. 4. The defence of the accused was that no occurrence took place in t..Category: Criminal Law | Date: | Hits: 79
Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)
.... 2nd Additional Court, Sylhet, in Title Suit No.3 of 1976 should not be set aside. 2. Short relevant facts leading to the filing of this revisional application is that, the opposite party No.1, as sole plaintiff, filed Title Suit No.29 of 1971, in the 1st Court of Subordinate Judge, against the p...... Title Suit No.3 of 1976, is hereby set aside and the judgment and decree of the learned Subordinate Judge are affirmed and maintained. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 69.......ter the truth in a bid to redress the errors resulting in the failure of justice. Therefore, it appears that the present section 115 of the Civil Procedure Code has made amends to a large extent, the loss incurred due to the absence of section 100 of the Civil Procedure Code. 13. Now coming to th..Category: Property Law | Date: | Hits: 96
....ued by the Registrar of the said University under the order of the respondent No.1 Vice‑Chancellor of the BUET suspending the operation of the order dated 18.6.91 appointing the petitioner as professor on probation shall not be declared to have been made without any lawful authority and to be of n......le was issued on 14th July, 1991 at the instance of petitioner Dr. Syed Mahbubur Rahman, Ph.D calling upon the respondent No.1, Bangladesh University of Engineering and Technology, Dhaka (hereinafter called the BUET) represented by its Vice‑Chancellor, and the respondent No.2, the Vice‑Chancello......r of suspension... and it was against the principle of natural justice to impose a penalty upon a Government servant pending an enquiry... It was further urged that the penalty of suspension involved loss in the matter of salary and allowance, and to impose this riding an enquiry was to prejudge the..
Category: Employment/Service Law | Date: | Hits: 155
State Vs. Amin Huda, 2011, 40 CLC (AD)
....ve are against the judgment and order dated 28th day of August, 2008 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case Nos. 4678 and 4679 of 2008 making the Rules absolute. 3. Facts giving rise to these appeals are that Md. Idris Ali, Sub-Inspector of RAB-1, Utt...... supporting the impugned judgment, has submitted that the High Court Division correctly interpreted section 39 of the Act, 1990 and quashed the impugned proceedings and, as such, no interference is called for by this Court and prays for dismissal of the appeals. 10. In view of the leave grantin......fore the Druta Bichar Tribunal within 6(six) weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 152,8 LG (AD) (2011) 164, VIII ADC (2011) 890. ..Category: Criminal Law | Date: | Hits: 112
Government of Bangladesh and others Vs. Excellent Corporation, 2010, 39 CLC (AD)
....Government of Bangladesh and others..........Appellants Vs. Excellent Corporation…………………………............Respondent Judgment July 15, 2010. Cases Referred To- Sassoon & Co. Vs. CIT Bombay City, AIR 1954 SC 470; Bangladesh Power Development Board Vs. Muhammad......hich states that an 'agent' is a person employed to do any act for another or to represent another in dealings with third person. The person for whom such act is done, or who is so represented is called the 'principal'. The authority of the agent is a derivative authority. In a simple contract a......e with the directions to be given by the principal. These provisions show that the agent will act on behalf of the principal as per directions given by the principal. If the principal sustained any loss due to the act or negligence of the agent, there are provisions for making it good to its pri..Category: Business or Commercial Law | Date: | Hits: 267
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