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Md. Obaidul Kader Vs. The State, 2011, 40 CLC (HCD)
....ainst Mr. Habibur Rahman, inspite of the making an incriminating statement? (13) Why his statement should not recorded confessional statement under section 164 showing his sole involvement in the whole transaction? (14) Why ACC, in the facts and circumstances of this case should not hear the......while the accused petitioner was holding office as the Minister for State of the Youth, Sports and Cultural Affairs and also as the Chairman of National Sports Council, Dhaka had obtained as bribe an amount of Tk. 38,00,000/- (thirty eight lacs) from 14 (fourteen) contractors (firms) as named in the......med in the F.I.R., who were engaged in the implementation of various projects and development works under the National Sports Council. It has further been stated in the F.I.R. that the said amount of money, alleged to have been taken as bribe from the aforesaid contractors, was received in cash by o..Category: Criminal Law | Date: | Hits: 111
HM Ershad Vs. The State, 1992, 21 CLC (HCD)
....ions of ours will not touch the merit of the case in any manner whatsoever. Let the records of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ......ereon and out of Tk. 10 crores required for the construction of the building Tk. 3,50,00,000.00 was taken from Uttara Bank as loan and the balance sum of Tk. 650,00000.00 was paid by him and the same amount was found in his possession and the possession of his dependent in his capacity as public ser......ions of ours will not touch the merit of the case in any manner whatsoever. Let the records of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ..Category: Criminal Law | Date: | Hits: 286
.... the High Court Division upon correct assessment of the materials on record arrived at a correct decision.
The petition is dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011) 176....... stating, inter alia, that the suit land originally belonged to Md. Monsur Rahman, the predecessor-in-interest of the defendant Nos.1-2. At the time of purchase of the said land Monsur Rahman took an amount of Tk. 45,000/- and Tk. 30,000/- as loan from the plaintiff. The said Monsur Rahman is the fu......ted to the effect and inspite of repeated request Monsur Ahmed failed to pay the said loan of Tk.75,000/-, lastly agreed to transfer the suit land in favour of the plaintiff on fixing a consideration money of Tk. 1,00,000/- (Taka one lac) , accordingly he executed a bainanama on 26.11.1990 with stip..
Category: Property Law | Date: | Hits: 70
Md. Azizul Haque Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)
....he plaintiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 236. ......on loss ... Tk. 2,294.61 iii) Quality loss at Mills ... Tk. 64,440.00 iv) Value of short receipt and quality ... Tk. 66,945.92. 3. In the aforesaid manner the defendant caused a total loss amounting to Tk. 1,56,569.38 only to the plaintiff Mills while working at the Tarail Jute Purchase A...... before the Court of Subordinate Judge, Narayangonj and the said suit was dismissed on contest vide judgment and decree dated 25.8.1985; that the defendant deliberately in order to misappropriate the money caused the financial loss amounting to Tk. 1,56,569.38 of the plaintiff-mills and the defendan..Category: Civil Law | Date: | Hits: 97
....d agreement and his legal right to continue to possess the said land cannot be invaded by an illegal invasion by issuance of the impugned notices. He contends that the Annexure‑D is to be read as a whole to discover intention of the parties from the expression they have used in the document itself......eed within 3 months from the payment of the last installment and the petitioner was always ready and willing to pay the balance Tk.8,91,479.00 as soon as Ministry of Industry is willing to accept the amount and is able to execute and register the sale deed. But the Government took no step for execut......s towards the price of the lands, machineries, equipments and buildings and undertook to pay the debt of the said company payable to the Commercial Banks. The petitioner paid Tk. 91,000.00 as earnest money for submitting the bid. The petitioner alleged that at the time of advertisement respondent 2 ..
Category: Property Law | Date: | Hits: 92
Taslimuddin alias Tasir and others Vs. State, 1991, 20 CLC (HCD)
....33. In the present case there is no direct evidence of the commission of murder. Nobody saw the accused persons even calling and taking away the victim with them or causing any assault on him and the whole case rests on the evidence of the P.Ws.1‑4, sons of the deceased who are partisan and highly......stated about obtaining a decree for Tk. 20,000.00 in the case instituted by his father against Reazuddin, then said that his father obtained a decree from the Union Parishad for Tk. 2,000.00 but that amount was not paid by Nawshad. He stated in his deposition that on the date of occurrence Majid cam......alking in the evening. In reply to cross, he stated that it was a hat day and many people passed through the road,. In reply to defence suggestion he said that he did not know whether his father took money from Amjad in lieu of loan but he admitted that his father took money from Montaz and Sattar a..Category: Criminal Law | Date: | Hits: 76
A Elahee & Co. Vs. MM Aziz and others, 1991, 20 CLC (HCD)
....cordance with law. In the facts and circumstances of the case, there will be no order as to costs. Send down the LC records at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 131.......ff is now making a claim to be paid at the rate of Tk. 30.00 and Bangladesh Agricultural Development Corporation is to pay the defendants Bill of Tk. 21 lacs including the deposit of Tk. 2 lacs which amount is much greater sum than the claim of the plaintiff and hence the order of attachment before ......ndant company to furnish Bank guarantee and to vacate the attachment order. It stated in paragraph 5 that the defendant No.1 is willing to submit bank guarantee to the extent of Tk. 11,64,254.00. the money claimed by the plaintiff in the Money Suit though they did not accept that the said amount is ..Category: Civil Law | Date: | Hits: 104
Iqbal Hossain and six others Vs. Chairman, Labour Appellate Tribunal and Others, 2011, 40 CLC (HCD)
.... respondent No.2) are declared to have been passed without lawful authority and is of no legal effect. Send down the LC records at once. Ed. This Case is also Reported in: 16 BLC (2011) 889. ......epartment and to collect his dues. Accordingly, the accounts department paid him an account payee cheque for Taka 56,791. On receipt of the aforesaid cheque he found that he was not paid the gratuity amount of Taka 49,193 as per the gratuity rule of the company i.e. respondent No.3. Then the petitio...... respondent No.2) are declared to have been passed without lawful authority and is of no legal effect. Send down the LC records at once. Ed. This Case is also Reported in: 16 BLC (2011) 889. ..Category: Labour and Industrial Law | Date: | Hits: 161
Sunil Chandra Chowdhury Vs. Elders Limited and another, 2011, 40 CLC (AD)
....pt of Court and sentencing him to pay a fine of Taka 2,000, in default, to suffer simple imprisonment for 15(fifteen) days be set aside. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 11. ...... up the cases for hearing and disposed of the cases ex-parte which has made the Trade Mark Application No.1 of 2001 pending before the High Court Division infructuous and this action of the contemner amounts to Contempt of Court. 6. Being aggrieved by and dissatisfied with this judgment and order......pt of Court and sentencing him to pay a fine of Taka 2,000, in default, to suffer simple imprisonment for 15(fifteen) days be set aside. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 11. ..Category: Intellectual Property Law | Date: | Hits: 270
....ted earlier by this court stands vacated.
Communicate the judgment to respondent No.2 at once.
Md. Emdadul Huq J. - I agree.
This Case is also Reported in: 64 DLR (HCD) (2012) 116.
......re loan liabilities. But they failed to repay the loan. So the plaintiff Bank filed Artha Rin Suit No.182 of 2006 in the court of Subordinate Judge and Artha Rin Adalat No.2, Dhaka for recovery of an amount of Tk.5, 90, 40,000/- with interest. Subsequently, the suit was transferred to the 4th Artha ......ted earlier by this court stands vacated.
Communicate the judgment to respondent No.2 at once.
Md. Emdadul Huq J. - I agree.
This Case is also Reported in: 64 DLR (HCD) (2012) 116.
..
Category: Civil Law | Date: | Hits: 147
State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)
....ent of casualness should be allowed to creep in and the Magistrate should be fully satisfied that the confessional statement which the accused wants to make is in fact and in substance voluntary. The whole object of putting questions to an accused person who offers to confess is to obtain an assuran...... was taken to Madh Nagar college field and there Ashraf confessed that he was involved with the killing of Maju Mridha. Ashraf also disclosed that Hasanuzzaman gave Tk.20,000/- to Ataur and from that amount Ataur give him Tk. 5,000/- and at the time of committing murder Raja, Ataur, Shimul and Ripon......sclosed that Ataur Rahman, Shimul, Raja and Ripon were with him in committing the offence and he took Tk.2,00,000/- to commit the killing and they had a contract with Hasanuzzaman and he took advance money of Tk.1,00,000/-. This witness also stated that he did not hear the same directly from the mou..Category: Criminal Law | Date: | Hits: 82
Subodh Ranjan and others Vs. State, 1993, 22 CLC (HCD)
....nd they are acquitted of the charges. The accused appellants be set at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 521.......rsonnels went to Monoharpur, Comilla Town and raided the house named 'Lutfa House'. Thereafter the informant along with Battalion Commander, Magistrate and others on search recovered Bangladeshi Taka amounting to 13,95,798.00. Indian money amounting to Rupees 1,124.00 from a steel almirah and also 2......la Town and raided the house named 'Lutfa House'. Thereafter the informant along with Battalion Commander, Magistrate and others on search recovered Bangladeshi Taka amounting to 13,95,798.00. Indian money amounting to Rupees 1,124.00 from a steel almirah and also 2 gold bars bearing mark 24 carat g..Category: Criminal Law | Date: | Hits: 75
State Vs. Sree Ram Krisna Nath (Ram Babu) and another, 2011, 40 CLC (AD)
....ompliance of the Court’s order. Let a copy of this judgment alongwith all the records be transmitted also to the Court of Cognizance Magistrate, Chittagong. Ed. This Case is also Reported in: ...... to the accused-petitioner and other claimants, through the accused-petitioner. Five registers for the years 1407-1411 B.S. had been seized as alamots containing description of the gold ornaments and amount of money payable by the clients giving details of the 46 persons who applied for return of th......, Chittagong. The principal accused Sree Krisna Nath surrendered before the High Court Division and obtained anticipatory bail. He also submitted an application for return of the seized ornaments and money as well as other materials recovered from this shop. Subsequently, 46 other persons as claiman..Category: Criminal Law | Date: | Hits: 83
Jiban Bima Corporation and another Vs. A.K.M. Harun-Or-Rashid and others, 2011, 40 CLC (AD)
.... appeal which is accordingly allowed, without however, any order as to costs. The impugned judgment and order of the High Court Division is hereby set aside. Ed. This Case is also Reported in: ...... appeal which is accordingly allowed, without however, any order as to costs. The impugned judgment and order of the High Court Division is hereby set aside. Ed. This Case is also Reported in: ......002 retiring him from service, wrongly computing his date of birth as 30.11.1942. The writ petitioner was compelled to go on retirement with effect from 25.11.1999 and he was also asked to refund the money drawn by him by way of salary and benefits for the excess period upto February, 2002. It was t..Category: Employment/Service Law | Date: | Hits: 58
....on as that would be overlooking the fraud committed by the respondent on this Court, and in no circumstances a party should feel encouraged or be allowed to commit such fraud.
24. We find that the whole proceeding of the Writ Petition No.2551 of 1990 is vitiated by fraud by suppressing the order ......Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 502.......Officer, Balaganj, on receipt of writ (Annexures‑B and C respectively). The review petitioner undertook development as per approved scheme dated 17.6.90 of the Government and invested large sums of money. A copy of the scheme is annexed as Annexure‑'D'.
3. While in possession of the fishery t..
Category: Civil Law | Date: | Hits: 87
Commissioner of Taxes Vs. Md. Hasanuzzaman, 1993, 22 CLC (HCD)
.... costs. This order shall govern both the reference application Nos. 3 and 4 of 1989. We return the references with the above answer. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 500.......4,000.00 and income from house property under section 9(2) of the Act on the basis of rent agreement at Tk. 20,400.00. He computed the total income at Tk. 32,700.00 and assessed income‑tax on that amount for both the years. 3. The assessee against the orders of the Assistant Commissioner of Ta...... costs. This order shall govern both the reference application Nos. 3 and 4 of 1989. We return the references with the above answer. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 500...Category: Fiscal/Taxation Law | Date: | Hits: 98
Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)
....ce with the impugned judgment and decree. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ......ce with the impugned judgment and decree. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ......the same. The said suit land was, of course, acquired by Md. Putan in benami of his son Ali Hossain on 01.02.1901 but he was the real ostensible owner of the suit land as it was acquired with his own money and for his own benefit. After sometime, landlord Fazal Kabir Khan forcibly dispossessed Md. P..Category: Property Law | Date: | Hits: 116
Principal, Fulbaria College, Mymensingh Vs. Md. Helaluddin and Others, 2010, 39 CLC (AD)
.... The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 11, 16 MLR (AD) (2011) 380, 8 LG (AD) (2011) 155, VIII ADC (2011) 941. ......to the Director General and accordingly, the higher scale was given to the writ petitioner and that he proposed for deducting Tk.65,200/- from the benefits of the writ petitioner which was the excess amount he had withdrawn illegally. It further appeared from the affidavit filed on 9th February, 200...... The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 11, 16 MLR (AD) (2011) 380, 8 LG (AD) (2011) 155, VIII ADC (2011) 941. ..Category: Employment/Service Law | Date: | Hits: 204
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....ning the citizenship of the petitioner or the provisions of PO 149 of 1972 will be applicable in his case. As PO 149 of 1972 is retrospective in operation from the 26th of March, 1971 it occupies the whole field relating to citizenship in Bangladesh. In these circumstances the former Act is to be de...... was bad in law being contrary to the principle of natural justice. The learned Advocate has further contended that Article 3 of PO 149 of 1972 having conferred uncontrolled and unfettered discretion amounting to discrimination the said Article is violative of Articles 27 and 31 of the Constitution ...... Muslim countries like Libya. But while reading the Jamaat book it shows that the petitioner went to those and urged the Muslim countries to help the new State of Bangladesh and that he even obtained money from them through Rabita‑e‑alIslami to help the new State of Bangladesh. Which of these ..Category: Immigration and Citizenship Law | Date: | Hits: 343
Hansa International and another Vs. Eastern Pharma Ltd., 1993, 22 CLC (HCD)
....th the direction that the Official Liquidator is to seek fund from the Government for the purpose of dissolution of Eastern Pharma Ltd. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 482.......th the direction that the Official Liquidator is to seek fund from the Government for the purpose of dissolution of Eastern Pharma Ltd. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 482.......petition under section 194 of the Companies Act. The excess fund of Lilac Paints and Chemical Company under liquidation belong to a different and distinct juristic person i.e. to say the Company. The money belonging to one Company cannot be allowed to be withdrawn for the purpose of use for dissolut..Category: Company Law | Date: | Hits: 205
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