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State Vs. Matiur Rahman @ Mati, 2011, 40 CLC (HCD)
....t and order under this reference. Let a copy of the judgment and order be sent down to the Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 89. ....... Ziaul Karim J ANM Bashir Ullah J State................................................Appellant Vs. Matiur Rahman @ Mati.................Condemned Prisoner Judgment October 25, 2011. Result: The death reference is accepted. Proving of motive, not...... as projected in the FIR and also unfurled at the time of trial, in short, is that deceased Tarun Kumar Saha is the younger brother of informant Arun Kumar Saha. Tarun Kumar Saha used to purchase and sell the foreign articles collecting from the person who used to come at Dohar and Nobabgonj area fr..Category: Evidence Law | Date: 25 Oct, 2011 | Hits: 9
Renuza Begum and others Vs. Md. Waziullah Mia and others, 2011, 40 CLC (AD)
....and 2179 of 1991). Judgment SK Sinha J. - The litigation relates to a property which belonged to one Paresh Nath Dey, defendant No.1, (the defendant) who is said to have entered into an agreement for sale of the same with late Hasan Ali Driver, the predecessor-in-interest of the appel....... Imman Ali J Md. Shamsul Huda J Renuza Begum and others..................Appellant Vs. Md. Waziullah Mia and others...............Respondents Judgment October 11, 2011. Result: The appeals are dismissed. The Specific Relief ......7. In Samptram Vs. Bawo Lal, AIR 1955 Allahabad 24, there was an agreement for sale on 25th June, 1952. On 17th July, 1952 the owner entered into another contract with the plaintiff Bawo Lal to sell the same property. On 25th September, 1952 the owner executed a sale deed in favour of Sampath..Category: Contract Law | Date: 11 Oct, 2011 | Hits: 11
Raj Kumar Khetan Vs. Mercantile Bank Ltd. and another, 2011, 40 CLC (HCD)
.... unpaid, either because of the amount of money standing to the credit of that account is insufficient to dishonour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall,......………….Petitioner Vs. Mercantile Bank Ltd. and another………………………Opposite Parties Judgment August 24, 2011. Result: The Rule is discharged. Cases Referred to- Nizamuddin Vs. Abdul Hamid, 60 DLR (AD) 145; Ali Akkas Vs. Enayet Hossain, 17 BLD (AD) 44 = 2...... now pending in the Court of Sessions Judge, Naogaon should not be quashed. The Order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 272. ..Category: Banking Law | Date: 24 Aug, 2011 | Hits: 237
Victor Simon Paat and other Vs. M.V. Accord and others, 2011, 40 CLC (HCD)
....4 the Commodity International, while the ship Manager of the vessel M. V. ACCORD, appointed the plaintiffs of the instant suits in the employment of the vessel M. V. ACCORD under a written employment agreement dated 2.12.1999 for a period of service of one year from the date of employment, to be exp......ORD, now remaining in the Marshal account of this court. Ed. This Case is also Reported in: ......p; 33. In this respect the learned Advocate Mr. A.J. Mohammed Ali, argued that the seamens’ wages, being the money due for their job in the vessel, is always to be realized from the sell of the vessel, if not paid by the employer, the ship owner or under any authority from the ship..Category: Admiralty Law or Maritime Law | Date: 23 Aug, 2011 | Hits: 87
KM Alam & Co. and another Vs. People's Republic of Bangladesh, and others, 2011, 40 CLC (HCD)
....ularities/illegalities in the procuring process and requested not to take any decision regarding appointment of auditors. Paying no heed, BTRC proceeded with the procuring process and executed formal agreement with respondent No.12 on 5-4-2011. Thereafter, the petitioners filed representation/compla............Petitioners Vs. People's Republic of Bangladesh, and others.......Respondents Judgment August 17, 2011. Result: The Rule is made absolute. Cases Referred to- Tariq Transport Vs. Sargodha Vera Bus Service, 11 DLR (SC) 140; Bangladesh Sangbadpatra Par......countant Firms in strict compliance with the provisions of the Public Procurement Rules-2008 after cancelling the disputed one. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 221. ..Category: Civil Law, Constitutional Law | Date: 17 Aug, 2011 | Hits: 20
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ted the same in the company, limited by shares. The Company is engaged in the business of garments packaging products. It was incorporated in Bangladesh on 1-1-1996 pursuant to a joint venture agreement dated 14-9-1996, executed among 4(four) south Koreans and 3(three) Bangladeshi citizens. ......Bangladesh and others....................................Respondents Judgment July 20, 2011. Result: The appeals and the leave petition are dismissed. Cases Referred to- ACC Vs. Dr HBM Iqbal, 15 BLC (AD) 45; Haryana Vs. Bhajan Lai, AIR 1992 SC 604; Dhaka Ware......abad High Court to quash the proceeding by filing a writ petition under Articles 226 and 227 of the Constitution moved the Supreme Court of India. There was allegation that the accused-persons by selling, distributing, manufacturing and marketing adulterated and harmful for health 'Lehar Pe..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)
....সাজিয়েছে তখন বিচারক পুলিশ সাক্ষীর সাক্ষ্য অগ্রাহ্য করতে পারেন”। 81. I am in full agreement with the aforesaid principle of law but the same is not at all applicable in this particul......said Principle the same can not be accepted as confession, as the same were not in terms of the offence charged against them in this case. Therefore the statement of accused shall not have the effect to bind them nor could it be binding an other co-accused, ever if there is any element in the eviden......gainst absconding accused Mohon and Tuhin. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 53. ..Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6
M/S. Hasan Vegetable Oil Mills Ltd. Vs. M. T. SCEPTRE, 2011, 40 CLC (HCD)
....t No.4 supplied a copy of the guarantee letter, issued by the P&I Club of the vessel, London Steamship Owners Mutual Insurance Association Limited assuring that the claim would be settled through agreement by the parties, yet as the said agreement was not reached and therefore the defendant No.1...... (Special Original Jurisdiction) Present: AFM Abdur Rahman J M/S. Hasan Vegetable Oil Mills Ltd.6/A, Shashi Bhushan Chaterjee Lane, Gandaria, Dhaka-1204. Represented by its Managing Director Fazlur Rahman……………………………..Plaintiff Vs. 1. M. T. SCEPTRE Flying the ......at a price of US$ 445,000.00. The Plaintiff obtained marine Insurance Cover Note No. CGIC/BBA/MC-112/05/99(CO-INS) dated 12.05.1999 from the City General Insurance Company Limited, Dhaka. The Shipper-seller ANDRE (CAYMAN ISLAND) TRADING CO. LTD., shipped the said cargo in full quantity and in good o..Category: Admiralty Law or Maritime Law | Date: 17 Jul, 2011 | Hits: 61
Abul Bashar Vs. Abul Kashem and others, 2011, 40 CLC (HCD)
....ntire property of the schedule land. Abdul Jabbar died leaving two sons, Abul Fazal and Abul Basar and two daughters, Mabia Khatun and Saleha Khatun. Mabia Khatun during her life time entered into an agreement for selling her interest in schedule land to plaintiff on consideration of Taka 15,000 a......laintiff-Petitioner Vs. Abul Kashem and others…………………………Defendant Opposite Parties Judgment June 23, 2011. Result: The Rules are made absolute. Cases Referred to- Md. Moslemuddin Vs. Md. Jonab Ali, 17 BLD (AD) 328 = 50 DLR (AD) 13; Madaris Ali Vs. Biswambe...... of the schedule land. Abdul Jabbar died leaving two sons, Abul Fazal and Abul Basar and two daughters, Mabia Khatun and Saleha Khatun. Mabia Khatun during her life time entered into an agreement for selling her interest in schedule land to plaintiff on consideration of Taka 15,000 and received Ta..Category: Civil Law | Date: 23 Jun, 2011 | Hits: 44
Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)
....1 duly paid the bank's installments, but could not continue to do so as the bus was not yielding sufficient income. Due to the failure of respondent No.1 to pay the loan as stipulated in the loan agreement, the petitioner filed Money Suit No.19 of 1987 in the Court of 1st Subordinate Judge, Comi......ate instructed by Nurul Islam Rhuiyan, Advocate-on-Record-For the petitioner. Abdul Malek (In person)-For respondent No.1. Not represented-For respondent No.2. Civil Petition for Leave to Appeal No.2012 of 2010. (From the judgment and order dated 20.05.2010 passed by the High Cou......w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ..Category: Banking Law | Date: 22 Jun, 2011 | Hits: 162
Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)
....1 duly paid the bank's installments, but could not continue to do so as the bus was not yielding sufficient income. Due to the failure of respondent No.1 to pay the loan as stipulated in the loan agreement, the petitioner filed Money Suit No.19 of 1987 in the Court of 1st Subordinate Judge, Comi......ate instructed by Nurul Islam Rhuiyan, Advocate-on-Record-For the petitioner. Abdul Malek (In person)-For respondent No.1. Not represented-For respondent No.2. Civil Petition for Leave to Appeal No.2012 of 2010. (From the judgment and order dated 20.05.2010 passed by the High Cou......w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ..Category: Banking Law | Date: 22 Jun, 2011 | Hits: 7
Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)
....d to spend TK.2/2 lakh and he also spent TK. 1 lakh for erecting the rooms. In cross-examination, he stated that presently he works at the colour shop of his maternal uncle. He had no written tenancy agreement with O.P.W.3 and no receipt of the payment of rent as well. There was no agreement to show............................Appellants Vs. Mosammat Galman Begum and others............................Respondents Judgment June 15, 2011. Result: The appeal is allowed. Cases Referred to- Abdus Samad & others Vs. Md. Sohrab Ali and others, 33 DLR (AD) 113; Abdur Rashid Sarke......lling earth up to the road level. He stated that Sultan Bapari and his sons have been enjoying the case land and that there are 2/3 shops where the shop keepers are carrying on business of cement and selling tea. He also admitted that Azahar has been dealing with cement business in one shop as ten..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Md. Arif-Uz-Zaman Vs. State and another, 2011, 40 CLC (AD)
....ank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, w...... (1) The legislature has consciously used in section 138 (1), 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 the Act......h Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 400; 8 LG (AD) (2011) 196; 17 BLC (AD) (2012) 167; 21 BLT (AD) 234. ..Category: Banking Law | Date: 9 Jun, 2011 | Hits: 196
Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)
.... In the result, this appeal is disposed of. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 53. ...... of defect which is in no way affect the merits of the case i.e. a defect of form not a defect in the merits of the case. 'formal defect' must be given a wide and liberal meaning and must be deemed to connote every kind of defect which does not affect the merit of the case, whether the defect be...... 5. Although it is not so necessary, but it may be referred to as, defendant No.1, in his written statement denied the case of the plaintiff and also in his written statement stated that he did not sell the land to anybody, even to defendant Nos.4-8 but defendant Nos.4-8 and defendant Nos.9 and ..Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6
Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)
....circumstances warrant to invoke the said section 81 or section 85(3) of the Companies Act, 1994 for issuing any consequential or incidental orders/relief thereunder. Before this, I shall consider the agreements advanced by the parties for and against passing consequential/incidental reliefs and I sh......udgment and to report the compliance thereof within 1(one) week thereafter. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ...... 25-03-2001 (Gazetted on 16-4-2001), which provides that every sponsor of a company listed with stock exchange shall submit written report to the SEC and the stock exchange of his intention to buy or sell his shares in that company in the format as prescribed. Mr. Karim then referred to Notification..Category: Company Law | Date: 26 May, 2011 | Hits: 9
Manager, Rupali Bank Ltd. Vs. M/S New Music Corner and another, 2011, 40 CLC (HCD)
....t record. Send down the lower Court records along with a copy of this judgment immediately to the Court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ......of 1994 impleading the present respondents as defendants for realization of Tk. 17,07, 996.30. 3. The plaintiff in his plaint stated inter-alia that the defendant No.1 being a businessman, used to deal with electronics goods. He filed an application to the plaintiff bank to renew his previous ......overnment. Since the loan amount could not be realized, the bank was bound to file this case against the defendant and prayed for a decree so that the plaintiff bank can realize the loan amount after selling the mortgaged property. It has also been stated in the plaint that on 11.08.1993 the legal a..Category: Banking Law | Date: 18 May, 2011 | Hits: 209
Major (Retd.) Rafiq Hasan Faruq Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... order as to cost. The office is directed to communicate the Judgment at once to the concerned executing Court (Respondant No. 3). Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 281. ......q ........................Petitioner Vs. Bangladesh and others.................................Respondents Judgment May 16, 2011. Result: The Rule is made absolute. Case Referred to- SDS Dairy Limited Vs. Bangladesh and others. ( unreported decision) Lawyers Involved: S......de) read with section 57 of the Artha Rin Adalat Ain, 2003 (shortly Ain, 2003) stating, inter alia, that the petitioner was willing to pay the entire outstanding dues if the petitioner was allowed to sell the mortgaged property by private negotiation. The petitioner prayed for granting a certificate..Category: Banking Law | Date: 16 May, 2011 | Hits: 179
S.M. Humayun Kabir Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... have been passed without lawful authority and hence, is of no legal effect. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ...... Vs. Bangladesh and others…...........………….Respondents Judgment May 15, 2011. Result: The Rule is made absolute. The service of a government servant comes to an end when his resignation is accepted by the authority concerned subject to any law or rules s...... till 09.09.2007(Annexure-G series). Since the petitioner was facing severe financial crisis was finding difficulty to cope with the various expenses of his treatment, consequent thereto he had to sell his personal household goods belonging to him. Ultimately, the petitioner regained his health ..Category: Employment/Service Law | Date: 15 May, 2011 | Hits: 22
....afi School of Thought was founded by Imam Abu Hanifa and has the largest group of followers. The doctrine is followed in Bangladesh, India and Pakistan.
195. Ijma means a consensus of opinion or agreement among highly qualified legal scholars of any generation on any matter (not con......hellip;…………..Respondents (In both the appeals)
Judgment
May 12, 2011.
Result:
Both the appeals are allowed in part with the orders.
Cases Referred to-
Government of Bangladesh and another Vs. Sheikh Hasina and another, (2006) 60 DLR (AD) 90; ......authorized, is maintained.
No order as to costs.
This Case is also Reported in:
..
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
....ank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, w......Judgment Moyeenul Islam Chowdhury J. - On an application under Section 561A of the Code of Criminal Procedure, 1898 filed by the petitioner, this Rule was issued calling upon the opposite-parties to show cause as to why the proceedings of the Sessions Case No. 1832 of 2009 arising out of C.R. Ca...... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 357...Category: Banking Law | Date: 12 May, 2011 | Hits: 251
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