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Rafiqul Alam (Md.) MD Dhaka Mercantile Co‑operative Bank Ltd. Vs. State, 2004, 33 CLC (HCD)
.... is hereby quashed. The petitioner is discharged from the bail bond. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 145. ......money from the bank. He had allegedly misappropriated Taka 6,51,015 during the period between 1996 and 2000 i.e. within a space of about 4 years, and on 16‑2‑2000 he had misappropriated a further amount of Taka 1,80,000. Petitioner has filed a supplementary affidavit in which he has annexed a re......2002 he had misappropriated Taka 1,80,000, that during the period between 2‑9‑96 and 5‑6‑2000 he had misappropriated Taka 6,51,015 by withdrawing from the bank and that a portion of the said money was spent at different District Co‑operative Offices as bribery. The Gulshan police after in..Category: Criminal Law | Date: | Hits: 89
SMA Matin Sarker Vs. Bangladesh Jute Mills Association and another, 2004, 33 CLC (HCD)
....d to adjudicate justice in accordance with the law then prevalent in England and this continued till 1872 until the Contract Act came into force on the first of September 1872 and long thereafter the whole law relating to companies was re‑enacted in a comprehensive form by the Companies Act of 191......inancial hardship and assured the petitioner that he would be paid in a matter of weeks and months. The petitioner in paragraph No.7 of the application has given break‑up of the claim and the total amount comes to Taka 15,24,700. It further appears that a statutory notice dated 1‑3‑2003, as ev......the Association has broken up and the respondent Association is a big defaulter in respect of payment of rents and a good number of employees and officers of the Association have not yet received any money on account of their salary and other dues. 3. The respondent No.1 Association entered appea..Category: Employment/Service Law | Date: | Hits: 144
....tuity by surrendering full or any part of his pension, it is to be considered that he is still drawing pension and that there is no scope to argue that he is not getting pension as he had surrendered whole pension much earlier and received gratuity and that the receipt of gratuity is just as good as......, calling upon the Comptroller and Auditor General of Bangladesh and other respondents, to show cause as to why the actions taken by the respondents directing the petitioners to refund and deduct the amount granted and paid/payable to the petitioners as gratuity and net pension and withholding payme......already been deducted earlier, on account of pension.
In the result, this Rule Nisi is made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 113.
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Category: Employment/Service Law | Date: | Hits: 99
....1994 evidenced by Annexure 'H' to the application is declared to have been issued without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 57 DLR (2005) 109.
......otice upon them for disconnecting the electricity. The petitioners then filed Title Suit No.14 of 1994 in the Court of Assistant Judge, Khulna and in that case the respondents appeared and claimed an amount of Taka 50,43,262.50 on account of stealing electric energy by the petitioners whereupon the ......1994 evidenced by Annexure 'H' to the application is declared to have been issued without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 57 DLR (2005) 109.
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Category: Others | Date: | Hits: 135
Rezaul Karim Razu Vs. State, 2004, 33 CLC (HCD)
....appeal is dismissed. The stay order granted earlier by this Court is hereby vacated. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 57 DLR (2005) 104. ......appeal is dismissed. The stay order granted earlier by this Court is hereby vacated. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 57 DLR (2005) 104. ......lready entered into the house of one Asia Begum, wife of Abdul Majid Khan, village Latabaria PS and District Barguna for mischief and broke furniture of the house and then took away golden chain cash money, etc by breaking open key of the almirah whereafter the local people caught hold of him with t..Category: Criminal Law | Date: | Hits: 78
....on observed that in terms of Article 111 of our Constitution the law declared by the Appellate Division is not only binding upon all the Courts including High Court Division but also binding upon the whole nation. As his lordship Justice Abdul Matin observed:—
"In series of cases this Court lai......osal of the appeal. The impugned order of the Assistant Commissioner of Customs VAT dated 14-2-96 Annexure-D to the writ petition is stayed for 6 (six) months subject to payment of 50% of the claimed amount on account of VAT. The respondent shall also continue to pay of 50% out of the 15% VAT clai......08 (Anriexure-F) and dated 3-9-2008 (Annexure-I) are hereby declared to have been passed without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 63 DLR (2011) 61.
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Category: Fiscal/Taxation Law | Date: | Hits: 140
....undue hardship to the appellant, it may dispense with such deposit, either unconditionally or subject to Such conditions as it may deem fit to impose.
(2) If, upon an appeal it is decided that the whole or any portion of the aforesaid duty or penalty was not leviable, the appropriate officer shal...... submitted that pursuant to the terms of the contract of appointment as a PSI agent, the petitioner companies each had already furnished a performance guarantee in the form of a bank guarantee for an amount of Taka 2 crore to cover all liabilities including penalty that may be imposed in the dischar...... hence, of no legal effect. The Appellate Tribunal is hereby directed to dispose of the appeals in accordance with law as early as possible.
Ed.
This Case is also Reported in: 57 DLR (2005) 74.
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Category: Fiscal/Taxation Law | Date: | Hits: 122
Padma Oil Co. Ltd. Vs. SM Nurul Islam and others, 2002, 31 CLC (HCD)
.... as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 505. ...... as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 505. ......inted as Accounts Officer on 2‑5‑1980 by Padma Oil Co. Ltd. and he served the defendant-petitioner company till he was discharged on 7‑7‑1993 on a charge of misconduct for misappropriation of money by falsifying, overwriting and interpolation of his medical prescription given by the petition..Category: Employment/Service Law | Date: | Hits: 122
Karnaphuli Fertilizer Co. Ltd. Vs. Chairman, First Labour Court and another, 2002, 31 CLC (HCD)
.... legal effect. In the circumstances, the Rule is made absolute without any order as to costs. Let the lower Court records be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 502.......s not competent in law to terminate the services of its workers without initiating a disciplinary action under section 18 of the Employment of Labour (Standing Orders) Act, 1965 as it would otherwise amount to a dismissal, could be determined with reference to the activities permissible as trade uni...... legal effect. In the circumstances, the Rule is made absolute without any order as to costs. Let the lower Court records be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 502...Category: Labour and Industrial Law | Date: | Hits: 152
Mehedi Hasan Vs. State, 2011, 40 CLC (HCD)
....tioner is concerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 361.......e/4067(3)Stha: dated 02.11.2004 allotted the said House No. 92 (New 14), Road No. 2, Dhanmondi to the Accom-Engineering Company Ltd. (the Company), on condition of depositing Tk. 40.94 lacs being the amount less than the price estimated and fixed by the ‘Price Evaluation Committee’ of RAJUK. Acc......tioner is concerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 361...Category: Administrative Law | Date: | Hits: 173
Noor Alam Vs. Sonali Bank and others, 2011, 40 CLC (HCD)
....m other defendant Nos. 1-2 in accordance with law. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 332.......being Title Suit No. 145 of 1999 in the Court of Subordinate Judge, 3rd Court, Dhaka impleading the present appellant Noor Alam and 2(two) others as defendants for realization of its outstanding dues amounting to Tk.4,43,888.50 with interest. The plaintiff's case in short, is that, the defendant No.......sturbed. 11. Mrs. Hosneara Begum, the learned Advocate finally argues that "Exhibit-12" reflects that the father of defendant-appellant No. 3 made an under taking that if his son failed to pay the money against the Bank guarantee he will pay the same, who as witness also put his signature in the ..Category: Procedural Law | Date: | Hits: 107
Md. Ismail Hossain Vs. Al-haj Syedur Rahman Molla and another, 2009, 38 CLC (HCD)
....irection made above. Communicate a copy of this judgment to the House Rent Controller, Narayanganj at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 327, 15 BLC (HCD) (2010) 342.......irection made above. Communicate a copy of this judgment to the House Rent Controller, Narayanganj at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 327, 15 BLC (HCD) (2010) 342.......o accept the rent for the month of July, 2005 on 27.8.2005, this time also they refused to accept. Then the petitioner sent the rent for the month of July, 2005 to the opposite parties through postal money order and on 31.8.2005 the same was returned back with the postal endorsement "Refused". Then ..Category: Property Law | Date: | Hits: 105
Industrialisation Fund for Developing Countries Vs. Northern Corporation Limited, 2010, 39 CLC (HCD)
....n the Opposite Party and Mr. Kamal-ul Alam by a Special Messenger at the cost of the Petitioner. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 313; 30 BLD (HCD) (2010) 623. ...... with all interest and additional costs in accordance with the loan Agreement, and in the event of any default by the Borrower, to pay "upon demand forthwith" to the Petitioner "without demur all the amounts payable by the Borrower under the Loan Agreement." 4. The Petitioner asserts that the Bor......n the Opposite Party and Mr. Kamal-ul Alam by a Special Messenger at the cost of the Petitioner. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 313; 30 BLD (HCD) (2010) 623. ..Category: Alternative Dispute Resolution | Date: | Hits: 222
Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....sion of law as well as of the rule, we find clear violation of the law as well as rules in respect of according sanction to lodge FIR and to submit charge sheet. Absence of a proper sanction cuts the whole roots of the case. In this respect he decisions referred by the learned Counsel for the petiti......art of the charge sheet. From the sanction letter it appears that it is not written which materials were placed and issues were involved in the matter Sanction is vague and there is no mention of the amount misappropriated and the materials alleged to have been taken by the appellant from the Fami...... national exchequer. It has been further alleged in the FIR that the then Prime Minister Sheikh Hasina and other accused persons with an intention to cause monetary loss to the Government and to earn money for themselves have created an opportunity for the NIKO Resources a foreign company. On this..Category: Criminal Law | Date: | Hits: 126
Jagodish Chandra Dutta Vs. M. H. Azad, 1989, 18 CLC (HCD)
....n exercise of the inherent jurisdiction under section 561A of the Code even. In this view of the matter, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 257. ......wers that he exercises are substantially, in excess of those possessed by a First Class Magistrate inasmuch as a Special Magistrate may sentence a person to three years' imprisonment and impose any amount of fine....................................Thus no right of appeal can be inferred from secti......n exercise of the inherent jurisdiction under section 561A of the Code even. In this view of the matter, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 257. ..Category: Labour and Industrial Law | Date: | Hits: 177
Abdul Hannan Chowdhury and Asgar Hossain Vs. Shamsul Huq Sikder and the State, 1989, 18 CLC (HCD)
....ing those to be adulterated. It has been alleged by the defence that the raid was conducted by unauthorized persons and the complaint petition was lodged also by unauthorized persons making the whole proceeding a nullity. Further, Mr. Sanaullah, the Hoechst representative in spite of being a......bt and they are released from their bail bonds immediately. The appeal is therefore, allowed. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 246. ......police wanted to know about the purchase of the medicine at the time of seizure the appellant told them that on the next morning Mr. Sanaullah the representative of the company would come for the money and on his showing on 2.2.87 Police Inspector Nasiruddin arrested Mr. Sanaullah and sent him t..Category: Criminal Law | Date: | Hits: 83
Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....use (3) or any other work that may be transferred to it by the Government and to realize levy thereof subject to the approval of the Government. (3) The Board may frame a scheme or schemes for the whole of Bangladesh or any of the following matters, namely: (a) construction of dams, barrages, ......n account of which a claim for compensation can be preferred under this section.” 40. Section 30 states thus: “30. When any such claim is made, proceeding shall be taken for determining the amount of compensation, if any, which should be made and the person to whom the same should be payab......ance with the directions made above. Having regard to the facts and circumstances of the cases, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 84. ..Category: Environmental Law | Date: | Hits: 1051
....the above facts and circumstance we find no merit in this Rule.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 79.
......ection 81 of the Customs Act after provisional assessment and upon furnishing Bank Guarantee of Taka 1,69,290.16 and Taka 3,36,195.80 for the first and second consignments was finally assessed at the amount which was equivalent to the amount of duty paid in cash and Bank Guarantee for Taka 3,36,195.......the above facts and circumstance we find no merit in this Rule.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 79.
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Category: Fiscal/Taxation Law | Date: | Hits: 117
State Vs. Md. Jamaluddin, 1997, 26 CLC (HCD)
....ld and he is sentenced to suffer imprisonment for life and also to pay fine of Taka 1000.00 in default to suffer RI for one year more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 67. ......ld and he is sentenced to suffer imprisonment for life and also to pay fine of Taka 1000.00 in default to suffer RI for one year more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 67. ......of the victim and her sister P.W.5 Jougun Bibi neither saw the occurrence nor went to the place of occurrence but stated that accused had murdered their mother as she refused to sell the cow and give money to the accused. 9. P.W.4 Saleha Khatun, wife of Ahad also did not see the occurrence, but s..Category: Criminal Law | Date: | Hits: 72
GD Alesio, Livorno, Italy Vs. MV Hawai Splendour & Others, 1996, 25 CLC (HCD)
....6 shall proceed independently. Both the applications under section 34 of the Admiralty Court Act, 1861 are, accordingly, disposed of. Ed. This case is also Reported in: 49 DLR (HD) (1997) 122....... though rejected the application for the release of the defendant’s vassel, passed an order that she would be released on furnishing a Bank Guarantee of US $ 204,000,00 only which was less than the amount claimed by the plaintiff. 13. However, in such circumstance the defendants submitted the B......6 shall proceed independently. Both the applications under section 34 of the Admiralty Court Act, 1861 are, accordingly, disposed of. Ed. This case is also Reported in: 49 DLR (HD) (1997) 122...Category: Admiralty Law or Maritime Law | Date: | Hits: 353
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