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Mustafizur Rahman Vs. State and others, 1992, 21 CLC (HCD)
....l Institution Order, 1989, grant of unauthorised commercial loan against lien of balances investment account, operating current account like a commercial schedule bank, allowing interests on deposits holding investment account, advancing loan of huge amount of Tk. 18,78,00,000.00 (Taka eighteen cror...... of Directors of BCI Limited appointed accused petitioner Mustafizur Rahman as the President and Managing Director of BCI Limited in its meeting dated 4.10.86 and the said fact was informed to the Governor, Bangladesh Bank by their letter dated January 13, 1987. 3. It appears that Bangladesh Ba..Category: Criminal Law | Date: | Hits: 125
Bangladesh Vs. Md. Ishaque being dead his heirs Lakhaxmi Bibi and others, 1992, 21 CLC (HCD)
....that it was a 'structural alteration………..or addition' he would have had jurisdiction to go on and determine the various matters set out in sub‑paras (b) (c) and (d) of para 2(2) of Sch. 8. By holding that it was not a structural alteration…….or addition' he deprived himself of jurisdicti......d his heirs Lakhaxmi Bibi and others....................Respondent Judgment October 29, 1992. Cases Referred To- Ishaque Vs. Bangladesh, 43 DLR (AD) 28; Abdul Gafur Khan and another Vs. Government of Bangladesh & ors., 42 DLR (AD) 99; Pearlman Vs. Keepers and Governors of Harrow Sch..Category: Property Law | Date: | Hits: 76
State Vs. Md. Shah Nowroj and others, 2011, 40 CLC (HCD)
....led to hold any enquiry. Thereafter the University Syndicate took decision to refer the matter to the then Bureau of Anti-Corruption. In pursuance thereto, he (P.W.4) wrote a letter to the Bureau for holding an enquiry whether any earth-work against the Projects was done. The respondents took delive......, but without doing any earth-work had misappropriated the rice in collusion with each other. In cross-examination he stated that he had started investigation after one year of the project-period was over. He did not know the project areas and that he did not take measurement of any work. P.W.3 G..Category: Criminal Law | Date: | Hits: 97
State Vs. Sheikh Mujibur Rahman and others, 2011, 40 CLC (HCD)
....ee, he failed to hold any enquiry. Thereafter the Syndicate took decision to refer the matter to the then Bureau of Anti- Corruption. In pursuance thereto, he (P.W.4) wrote a letter to the Bureau for holding an enquiry whether any earth-work against the Projects was done. The respondents took delive......showed him two master rolls and asked him whether he knew 5/6 persons named in the said rolls. He replied that they were no more residing in the area. They were seasonal workers. After the season was over, they left. In cross-examination he stated that during their stay at village Jalma, they used i..Category: Criminal Law | Date: | Hits: 101
State Vs. Sk. Arif Newaz and others, 2011, 40 CLC (HCD)
....tee, he failed to hold any enquiry. Thereafter the Syndicate took decision to refer the matter to the then Bureau of Anti-Corruption. In pursuance thereto, he (P.W.3) wrote a letter to the Bureau for holding an enquiry whether any earth-work against the Projects was done. There was no allegation of ......im two master rolls and asked him whether he knew 5/6 persons named in the said rolls. He replied that those people were no more residing in the area. They were seasonal workers. After the season was over, they left. In cross-examination he had pointed out a shed, where the said seasonal workers use..Category: Criminal Law | Date: | Hits: 86
Philips Electrical Company Ltd. Vs. Commissioner of Taxes (South) Zone, Dhaka, 1992, 21 CLC (HCD)
....Assessee-applicant. The applicant by this application refers the following questions for our answer: "(i) Whether in the facts and circumstances of the case the Tribunal was legally justified in holding that the DCT had jurisdiction to assess the applicant for the assessment year 1971‑72. ......ready suffered tax in Pakistan. As we hold that the same income cannot be taxed twice contrary to the principle of Taxation, we are not inclined to consider the arguments on tax on the successor. Moreover, the question of succession does not attract the present case as the tax has not been assessed ..Category: Fiscal/Taxation Law | Date: | Hits: 109
State Vs. Dipu Mondal, 2010, 39 CLC (AD)
....ation has been offered by the accused Dipu Mondal. about the death of his wife which is not reasonable and his conduct is offensive in law and as such strong presumption of his guilt can be reduced holding him responsible for the death of his wife Lipi Beugm. There was throwing out of dead body ......es found on her person which were sufficient in the ordinary course of nature to cause her death. The learned Deputy Attorney General further argued that the learned Judges of the High Court Division overlooked the findings of the trial Court and erred thereby in holding that there is no legal evi..Category: Procedural Law | Date: | Hits: 81
Abdul Jalil Vs. Bangladesh Steel & Engineering Corporation, 1989, 18 CLC (HCD)
.... in law in making a confusion between the words "dismissal" and "termination" and considered both the words as synonymous which has occasioned failure of justice, that the trial Court erred in law in holding that the relationship between the plaintiff and the defendants is that of master and servant......No. 2 gave certain directive to the plaintiff to coordinate and facilitate removal of the finished stock & raw materials from the Re‑rolling Mills under disinvestment and which are to be handed over to the purchasers within a very short time by taking up the matter with NBR, Banks and other ag..Category: Employment/Service Law | Date: | Hits: 108
....tioner to pay the respondent No. 2 termination benefits and full back wages and other attending benefits from the date of suspension till the date of judgment within 30 days from the date of judgment holding, inter alia, that the order of dismissal was unfair and illegal and the relationship between......e been passed without any lawful authority and is of no legal effect and the Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 471.
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Category: Labour and Industrial Law | Date: | Hits: 133
Rupali Bank Vs. Haji Ahmed Sabur & another, 1990, 19 CLC (HCD)
..... 94,687.00 on 27.1.81 whereupon the Amir Market branch released the shipping documents to the plaintiff who thereafter cleared and took delivery of the goods from Chittagong port. Due to illegal withholding of the shipping documents for the suit consignment by the Amir Market branch of defendant No......st the judgment dated 19.3.86 and decree dated 25‑3.86 passed by the Subordinate Judge, 2nd Court Chittagong in Money Suit No. 6 of 1984 allowing plaintiff‑respondent No. 1's claim in part for recovery of Tk. 1,59,265.00 with interest at the rate of 15% per annum from 27. 1.80 till realization. ..Category: Civil Law | Date: | Hits: 83
Tripura Modern Bank Ltd. Vs. Sunil Kumar Rajgharia and others, 1990, 19 CLC (HCD)
....e No. 174 of 1989 under section 47 of the Code and the same was dismissed on 16.1.71. He again filed Miscellaneous Case No. 30 of 1971 under section 47 of the Code and the same was allowed on 16.1.75 holding that the claim of the decree holder before the High Court in the said Matter No. 31 of 1962 ......rted in AIR 1955 Cal 281 noticed that Full Bench decision of the Patna High Court was passed relying on the decision of the Lahore High Court reported in AIR 1923 Lahore 560 and the said decision was overruled in the case of Arjuda Prosad Vs. Shain Sundar reported in AIR 1947 Lahore 13 (FB) and reit..Category: Civil Law | Date: | Hits: 103
Anwar Hossain Monju Vs. State, 1991, 20 CLC (HCD)
....on and not the date or order of the detention is the material point." 25. We are in respectful agreement With the above view and following the principle as spelt out above we have no hesitation in holding that what the High Court orders in a case of detention is the legality of the detention on t................Petitioner Vs. The State.....................................Respondents. Judgment July 10, 1991. Cases Referred to- Latif Mirza's case, 31 DLR (AD) 1; Sajeda Parvin Vs. Government of Bangladesh, 40 DLR (AD) 178; Shawkat‑un‑nessa Vs. The State of Hydarabad, AIR 1950 ..Category: Criminal Law | Date: | Hits: 98
Abdul Latif (Md.) and Others Vs. Government of Bangladesh, 1989, 18 CLC (HCD)
....r review, it is the petitioners own case that they do not belong to the defence services. They are civilian employees in the defence services. The Administrative Tribunal was obviously not correct in holding in the cases filed by the petitioners that they belonged to defence services. Against the sa......Bhuiyan J Abdul Latif (Md.)…………………. Petitioner (In Writ Petition No. 450 of 1986). Md. Nazrul Islam……………………Petitioner (In Writ Petition No. 451 of 1986) Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Defence, ..Category: Administrative Law | Date: | Hits: 187
Tariq Habibullah Vs. State, 1990, 19 CLC (HCD)
.... written by Sawpna on 18.4.88 and sent the same to the hand writing expert who opined that the letter was in the hand of deceased Sawpna. He admitted in cross‑examination that on 29.4.80 the doctor holding post‑mortem in his first report could not give any definite opinion with regard to the cau......e, held inquest and sent the dead body to the Milford Hospital for post mortem examination. Thereafter SI of Police Mohammad Manir Hossain Bhuiyan of Detective Branch, Dhaka Metropolitan Police, took over the investigation and on the basis of the available materials lodged a suo motu First Informati..Category: Criminal Law | Date: | Hits: 116
Progati Industries Ltd. Vs. Shahida Khatun and others, 1991, 20 CLC (HCD)
....f No. 1 (c) and proved documents marked Exts. 1 to 4 and the defendants and produced documents marked Ext. A to Z(7). 6. The trial Court on consideration of the evidence on record decreed the suit holding that (1) that the suit is maintainable (2) that Title Suit No. 315/1968 filed by the PICIC w......Abdul Halim who died during the pendency of the suit filed Title Suit No. 347 of 1977 in the First Court of the Subordinate Judge, Dhaka on 14.9.1977 against defendants for declaration of tide and recovery of khas possession in the suit property measuring 1.50 acres of land with buildings and struct..Category: Property Law | Date: | Hits: 69
Motiul Hoque Vs. Dhaka Improvement Trust (RAJUK) & another, 1990, 19 CLC (HCD)
.... that for non‑compliance of the provision of the terms as embodied in clause 27 of the deed and also the provision of 111(g) and 114A of the Transfer of Property Act and that the plaintiff is still holding the land in his possession, the order of determination of lease suffers from legal infirmiti......d his left leg was broken and there was little hope of his survival and hence he entrusted his close friend Syed Mohammad Anwar Hossain with the management of the property. The plaintiff partially recovered from illness in May‑June, 1980 but as he was unable to move freely he engaged his relation ..Category: Property Law | Date: | Hits: 87
Alamgir and others Vs. State, 2010, 39 CLC (AD)
....ed gun shots at him, when the victim fell down then the other accused persons dealt blow by sharp cutting weapons on various parts of his body. 3. The case was investigated by the police and after holding investigation police submitted charge sheet on 12.03.2002 under Sections 302 and 34 of the......to appeal by the impugned judgment. No case has been made out for review of the said judgment and accordingly the same is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 244. ..Category: Criminal Law | Date: | Hits: 59
Mohammad Abdul Alim Vs. Government of Bangladesh and others, 2009, 38 CLC (AD)
....nance, 1985 (Ordinance No. LIV of 1985). 2. The facts involved in the case, in short, are that the appellant, Mohammad Abdul Alim alleged to have purchased the disputed land and building bearing holding No.94 of Nawabpur Road, under Sutrapur Police Station, Dhaka from one Abdus Sattar and Khors......il) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Mohammad Abdul Alim………………………………………………Appellant Vs. Government of Bangladesh and others……………………Respondents Judgment June 4, 2009. ..Category: Property Law | Date: | Hits: 65
Government of Bangladesh and others. Vs. Md. Tarikh-ul-Islam and others, 2010, 39 CLC (AD)
....ind made the rule absolute in failing to consider that the writ petition itself is not maintainable. The learned Deputy Attorney General further contended that the High Court Division erred in law in holding that the Directorate of Education or the Deputy Commissioner or the Upazilla Nirbahi Officer......d. This Case is also Reported in: VIII ADC (2011) 214. ..Category: Employment/Service Law | Date: | Hits: 58
M/s. Golden Biscuit Co. Vs. AL‑Haj Rafique Mia and another, 1993, 22 CLC (HCD)
....the same as a tenant under him at a monthly rental of Taka 1200.00. Under a registered deed of Heba‑bil‑ewaz dated 2nd November, 1987 the said Al‑haj Mohammad Ashraf Ali transferred half of the holding in favour of Al‑haj Mohammad Rafique who is now the opposite party in Civil Revision No.67......lowed and the petitioner be permitted to make a deposit of his rent in favour of the landlords. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 181...Category: Property Law | Date: | Hits: 78
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