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Abdul Awal Mia (Md.) Vs. Sonali Bank & others, 1990, 19 CLC (HCD)
..... The defendant No. 1 was the acting Head Cashier of the said branch and was in charge of the cash kept in the branch. It was a part of his duty to keep the cash, enter it in the Vault Register and also to have the key of the vault in order to open the vault takeout the cash when needed. On inspecti......nd decree of the learned Subordinate Judge are set aside and the suit is dismissed on contest against the added defendant No. 3 without cost. Ed. This Case is also Reported in: 43 DLR (1991) 201.......223 (a)/63 FG‑27 all shortages of cash due to defalcation is coveted up to the limit of Tk. 10,00,000/‑ for which full premium has been paid and the defendant No. 2 is thus bound to make good the loss in case of such defalcation of money of the plaintiff. The said defalcation amount has not been..Category: Civil Law | Date: | Hits: 82
Dildar Hossain and another Vs. Md. Sharif Hossain and others, 1990, 19 CLC (HCD)
....estraining the defendants from treating the suit property as vested property contending, inter alia, that the suit property originally belonged to one Nilmony Saba Banik who died leaving behind him 3 sons namely, Ranga Lal Saha Bank, Ram Krishna Saba Banik and Satya Narayan Saba Banik; that Ranga La......red to attend, and also whether his attendance is required for the purpose of giving evidence or to produce a document, or for both purposes; and any particular document, which the person summoned is called on to produce, shall be described in the summons with reasonable accuracy." Rule 8 "Eve......f fresh service of summons upon the cited witnesses is allowed. Let a copy of this order be transmitted to the Court concerned immediately. Ed. This Case is also Reported in: 43 DLR (1991) 196. ..Category: Property Law | Date: | Hits: 78
Deputy General Manager, Rupali Bank Ltd. Vs. Shah Jalal and others, 1990, 19 CLC (HCD)
....ourt shall have no jurisdiction to entertain the same. In reply, the learned Advocate for the opposite party contends that the statutory period of six months limitation as provided in the second proviso to section 4(2) of the Act having elapsed long before the incorporation of the bank n the Schedul...... the Administrative Tribunal would be incompetent to entertain any case unless it is filed before it within six months from the date of the impugned order and as in the instant suit the plaintiff has called in question the order of his termination which is dated 17.9.81, that is, 4 years before the ......decision by the Trial Court on very independent issues without making any piecemeal of them." The Rule is, accordingly, discharged without Ed. This Case is also Reported in: 43 DLR (1991) 193...Category: Employment/Service Law | Date: | Hits: 64
Sigma Huda Vs. Ishfaque Samad and others, 1993, 22 CLC (HCD)
....nt opposite party No.1 to show cause as to why the proceeding of P. Case No.765a/1985 under sections 499/500 of the Penal Code pending in the Court of the learned Chief Metropolitan Magistrate, Dhaka so far as it relates to the accused petitioner should not be quashed. At the time of issuance of the......of his or her professional duties, he or she does not come within the mischief of the offence of defamation. In practice, however, an Advocate is entitled to special protection, and if an advocate is called in question in respect of defamatory statements made by him or her in the course of his or he......incerely, honestly and with due care and caution. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 129. ..Category: Family Law | Date: | Hits: 191
Abul Kasem Talukder Vs. Shamsul Hoque Shawdagar, 1991, 20 CLC (HCD)
....ion) Rules, 1983 a new centre was opened at Khanebari Primary School by splitting up Chinamura High School centre taking away 1631 voters to the new centre out of 2746 voters of the said centre. He also alleged that on the date of election the muscle‑men of opposite Party No.1 being armed with var......ver, concurred with its view that the splitting up of Chinamura centre was in violation of rule 6 (IA) of the Union Parishad (Election) Rules, 1983. 7. Feeling aggrieved the returned candidate has called in question the propriety of the order of the learned District Judge only so far as it relate......he election of the petitioner as being void is set aside and the election petition dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 121. ..Category: Election Law | Date: | Hits: 129
State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)
....in the case of Lala Jairam Das Vs. King Emperor 72 IA 121 (19944-45) held in this respect: "The scheme of Chapter XXXIX is that sections 496 and 497, provide for the granting of bail to accused persons before trial, and the order sections of the Chapter deal with matters ancillary or subsidiary t......ections 496 and 497 of the Code and involves no widening of the scope of the power given by section 498 as compared with its extent under the former sections. Indeed, such an order might be eminently called for, in certain circumstances of grave character, affecting the liberty of a citizen." 20.......rate forthwith. With this direction, the petition is disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 53, 19 BLT (AD) (2011) 144, 8 LG (AD) (2011) 168, VIII ADC (2011) 620. ..Category: Criminal Law | Date: | Hits: 89
Chairman, Rural Electrification Board Vs. Md. Awlad Hossain and Others, 2010, 39 CLC (AD)
.... at the instance of the petitioner is directed against the judgment and order dated 29.07.2009 passed by a Division Bench of the High Court Division in Writ Petition No.6469 of 2008 making the Rule absolute. 2. The facts of the case, in brief, are that the writ petitioner-respondent No.1 after co......e petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 73, 31 BLD (AD) (2011) 73, 16 BLC (AD) (2000) 111 & 8 LG (AD) (2011) 85. ...... Rule “৪০(১)(খ)(ই)” provides for demotion of an employee to a lower post or to a lower grade of service scale, Rule “৪০(১)(খ)(আ)” provides for realization of the financial loss caused to the Rural Electrification Board from the salary or other entitlements of the employee..Category: Employment/Service Law | Date: | Hits: 175
Abdul Kader (Md.) Vs. Md. Abdul Rafi Prodhan and other, 1989, 18 CLC (HCD)
....h the petition. The receipt must show that such deposit was actually made by him either in the Sonali Bank or a Government Treasury or Sub‑Treasury under the head mentioned in rule 12(5). It must also show that it has been made in favour of the Returning Officer and it has been made as security fo....... The election Tribunal took the view that there has been a substantial compliance with the rule and accordingly overruled the objection, by an order dated 27.9.88. Being aggrieved the petitioner has called in question the legality of the order in this Rule. 3. Appearing on behalf of the petition......e, I find no substance in this Rule. The Rule is, accordingly, discharged with costs. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 166...Category: Election Law | Date: | Hits: 130
Kadu and others Vs. State, 1990, 19 CLC (HCD)
....wards their houses with arms in their hands. PW 4 Biddya Miah, PW 5 Bisha Miah, PW 7 Bakshu Bibi, PW 9 Abdur Rashid and others carried injured Asak Ali to his house where he succumbed to his injuries some time thereafter. PW 1Taleb Hossain heard about the occurrence from PWs 2,4, and 6 and lodged th....... It has been established by the evidence of PW 3, that Asak Ali was murdered on 26th Chairtra, 1381 BS as alleged by the prosecution and this is not disputed by the defence. The material point which called for determination is whether the appellants or any of them committed the said murder in furth......de. They be set at liberty forthwith if they are not wanted in any other connection. Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 163. ..Category: Criminal Law | Date: | Hits: 74
Anwar Hossain Majhi Vs. Government of Bangladesh & others, 1989, 18 CLC (HCD)
....rnment (Upazila Parishads and Upazila Administration Reorganisation) Ordinance, 1982 (Ordinance No. LIX of 1982), hereinafter called the Ordinance, contained in Annexure‑D to the petition. The reasons for such suspension being shown therein that three criminal cases, mentioned therein, have been......im from the office of said Chairman, under section 13A of the Local Government (Upazila Parishads and Upazila Administration Reorganisation) Ordinance, 1982 (Ordinance No. LIX of 1982), hereinafter called the Ordinance, contained in Annexure‑D to the petition. The reasons for such suspension bei......allow the petitioner to enter into his office immediately. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 155...Category: Election Law | Date: | Hits: 121
Rana Awan (Mrs.) Vs. Bangladesh, 1990, 19 CLC (HCD)
....t of Dhaka, and bearing Touzi No. 9859 described in detail in the schedule to the application. 3. It is alleged by the petitioner that the land on which this building stands originally belonged to some persons named Dengu Purification, Dominic Purification, Alfred Purification, Bengu Purification......desh on 17.4.85 refusing to release certain properties from the list of abandoned properties which has been earlier declared as abandoned property under the President's Order No. 16 of 1972, has been called in question with a further prayer for directing the respondents to release the said property ......ed authority on 14.11.83 as contained in Annexure‑H to the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ..Category: Property Law | Date: | Hits: 78
Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)
....es' Republic of Bangladesh is directed against the judgment and order dated 11.10.2009 passed by a Division Bench of the High Court Division in Civil Miscellaneous Case No.1 of 2009 making the Rule absolute and thereby transferred the Money Suit No.2 of 2005 pending in the Court of Joint District Ju......in the similar manner the plaintiff had claimed to have spent Tk. 82, 84,952/-. It has been alleged that on 8.6.04 at about 11.00 hours the defendant Nos.2-4-respondent Nos.2-4 and some other persons called on the plaintiff-petitioner at their office situated at Dhaka directing him not to demand any......tioner without taking permission from the concerned Department for cutting and removing timber took away some timbers violating the terms and conditions of the contract. Hence the suit for sustaining loss of Taka 5,22,58,700/-. 4. The defendant Nos.1 and 2-respondents preferred Transfer Miscellan..Category: Civil Law | Date: | Hits: 113
Sohel @ Sanaullah @ Sohel Sanaullah Vs. State, 2011, 40 CLC (AD)
....d others under sections 302/201/34 of the Penal Code and sentenced this present appellant to death and sentenced the other appellant Hannan and absconding co-accused Hanif and Mannan to suffer imprisonment for life with varying amount of fine, in default, to suffer rigorous imprisonment for a furt...... has given the prosecution an opportunity to fill up this lacuna which has been unjust and improper and has prejudiced this accused-appellant. The learned Advocate has argued also that except this so-called confessional statement of this accused appellant there is no other evidence to prove the invo......ed judgment and order of the High Court Division. In the result, the appeal be dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 105, VIII ADC (2011) 705, 9 LG (AD) (2012) 36. ..Category: Criminal Law | Date: | Hits: 84
State Vs. Keramat Ali & another, 2010, 39 CLC (AD)
....im Uddin for such cutting of their ail. The said occurrence was informed to the village elites including the informant who assured him that they would settle the matter between them. The accused persons including the accused-respondents became furious for the act of the informant. Consequently on ......d Rezaul karim with lathis in their hands. While they approached there, the accused left the place. 3. Thereafter the victim Rezaul Karim was takeen to their house wherein he lost his sense. P.W.1 called a local doctor Md. Habibur Rahman (P.W.12). According to his advise, the victim Rezaul Karim ......rder as to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 102; 16 MLR (AD) (2011) 268; 8 LG (AD) (2011) 138; 9 ADC (2012) 536...Category: Criminal Law | Date: | Hits: 90
Kazi Motiur Rahman and others Vs. Din Islam, 1990, 19 CLC (HCD)
....the hut and took away the same with other materials of the hut and untensil causing loss of Tk. 6000/‑ in spite of the protest of the witnesses in his absence when he was in Dhaka to see his ailing son with his wife. The accused persons committed the offence taking advantage of their absence from ......ected to pay the fine within 6 months from arrival of the records to the Lower Court. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 128. ......bibun Nessa on 19.9.86 at about 7/8 A.M forming an unlawful assembly entered into his house forcibly and dismantled the hut and took away the same with other materials of the hut and untensil causing loss of Tk. 6000/‑ in spite of the protest of the witnesses in his absence when he was in Dhaka to..Category: Criminal Law | Date: | Hits: 73
Repco Laboratories Ltd. Vs. Nuruddin Ahmed and others, 1989, 18 CLC (HCD)
....umurthi Chelly Vs. Sella Perumal Pillai, AIR 1936 Madras 651; Abdul Barek Mia and others Vs. AMM Serajul Islam, 20 DLR 501; Delower Hossain Vs. Saber Ahmed Kutubi Chowdhury and others, 29 DLR 211; Kaysons Vs. National Bank of Pakistan, Karachi, PLD 1972 Karachi 174; Abdul Jalil Munshi and another Vs......ocedure there is no scope for me for interference with his order. Accordingly, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 123. ......he pendency of the suit on the expectation that the Suit would be soon disposed of but the suit having not been soon disposed of and the delay in the disposal to the suit having caused an irreparable loss to the plaintiffs by giving rise to contigencies that was not available at the time of passing ..Category: Procedural Law | Date: | Hits: 84
Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)
....uction. The other point is that High Court Division fell an error in allowing the judgment-debtor to pay the decreetal amount by installments in failing to consider that the property had already been sold in auction to the appellant and thereby he had acquired a valuable right in the said property, ...... of Civil Procedure are maintainable and that the High Court Division rightly interested with the auction sale. 14. Even if there is alternative remedy interference by the High Court Division is called for under article 102(2) of the constitution where a party completing fraud had no other ef......to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 93, 31 BLD (AD) (2011) 78, 8 LG (AD) (2011) 145, 16 MLR (AD)(2011) 205. ..Category: Civil Law | Date: | Hits: 113
....ration and others……..........Respondent
Judgment
October 28, 1992.
Cases Referred to-
M/s Hossain Ahmed Vs. M/s HD Hossain and Brothers, 32 DLR (AD) 223; KM Guruswami Vs. State of Mysore, PLD 1956 (SC India) 53; UK Salsabil Vs. Shams Corporation, 37 DLR (AD) 117; AIR 1992 Kerala 26......o to no result. Thereafter according to the petitioner two board meetings of the said Mills were held on 25.6.92 and on 2.8.92 where it was decided that to put an end to the controversy a retender be called. The petitioner filed an application before the Chairman, Bangladesh Chemical Industries Corp......ition, leaving nothing for us to interfere in mandamus.
We find no substances in this application which is thus summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 95.
..
Category: Others | Date: | Hits: 128
SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... Mr. Shah Md. Munir Sharif, the learned Advocate appearing for the petitioner supports the Rule submitting that section 26 of the Artha Rin Adalat Ain, 2003 provides that the Code of Civil Procedure, so far it is not inconsistent with the Ain, would be applicable in an execution proceedings. In the ......ill proceed in accordance with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.-I agree. This Case is also Reported in: ......by adjustment from the sale proceeds, if it would be allowed to sell schedule-A property through private negotiation and enhance the sale proceeds. The petitioner further stated that due to incurring loss in business, it was not in a position to pay the decretal amount with interest thereon in cash...Category: Procedural Law | Date: | Hits: 80
Mohammad Shahabuddin Vs. Government of the People’s Republic of Bangladesh, 2011, 40 CLC (HCD)
....petition) cancelling the tender proceeding for the internal decoration, electrical work and renovation of 12 floor of the building shall not be declared illegal and without any lawful authority and also as to why the respondents shall not be directed to issue an work order in favour of the petitione...... Let a Copy of this judgment be sent to the concerned authority at once for information and necessary action. Md. Akram Hossain Chowdhury J. - I agree. Ed. This Case is also Reported in: ......h provision of cancellation of tender proceeding at any stage without assigning any reason whatsoever. The learned Advocate appearing on behalf of the respondent further submits that if any injury or loss is incurred for unusual delay in disposal of the matter by the respondent the petitioner is at ..Category: Others | Date: | Hits: 133
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