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Category: Fiscal/Taxation Law | Date: | Hits: 138
IFIC Bank Ltd. and others Vs. Beximco Holdings Ltd. and others, 2004, 33 CLC (HCD)
.... 112 accounts and the Baghkhali Fisheries Ltd. under section 47 of the Artha Rin Adalat Ain, 2003, briefly, the Ain, and that no suit could be filed by the defendants against the plaintiffs since any claim became barred under section 46 of the Ain and also for a perpetual injunction for restraining ......ed by Joint District Judge, Court No.5 in Dhaka in Title Suit No.191 of 2004, which granted temporary injunction restraining the defendants from sending names of the plaintiffs to the Bangladesh Bank for publication in the CIB (Credit Information Bureau) report. 2. Short facts for disposal of the......ion for temporary injunction is also dismissed. Connected Civil Rule No. 654 (FM) of 2004 is accordingly disposed of. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 154...Category: Civil Law | Date: | Hits: 71
Rafiqul Alam (Md.) MD Dhaka Mercantile Co‑operative Bank Ltd. Vs. State, 2004, 33 CLC (HCD)
....t the amount "in good faith" and "in accordance with the powers" could only be ascertained from the audit report and not otherwise. As regards the withdrawal of the rest of the amount, the petitioner claims that he has withdrawn the same as arrear allowance which has been approved by the authority a......…………………………….Respondent Judgment July 6, 2004. Lawyers Involved: Md. Ozair Farook with Osman Gani, Advocates—For the Petitioner. Aktar Imam, Advocate—For the Informant. Criminal Miscellaneous Case No.11845 of 2003. Judgment SK Sinha J.- This Rule at t......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)
....grounds of extreme financial 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......tioner was an employee of the Bangladesh Jute Mills Association (hereinafter called 'the Association'), the respondent No.1. His services has since been terminated. The petitioner has filed this case for an order for winding up of the Association pursuant to the provision of section 241(v) of the Ac......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
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. ...... 13‑45 hours, accused appellant Rezaul Karim (Razu) was arrested from Latabaria Surjomukhi Tarun Club and one dagger measuring 18" and one razor measuring 8" were recovered from his possession by informant Md. Abdur Rashid, the then Sub-inspector of Police, Barguna Police Station, who lodged a fir......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
Lalit Kumar Roy and 2 others Vs. Krishnapada Biswas & others, 2002, 31 CLC (HCD)
.... land, the plaintiffs were constrained to institute the suit. 5. Defendant No.1 contested the suit by filing a written statement denying the case of the plaintiffs. His case, in brief, is that the claim of the plaintiffs is barred by the principles of res judicata, acquiescence and waiver. The su......275 of 1995 reversing those dated 22‑8-95 of the Subordinate Judge, Court No.1 at Bagerhat passed in Title Suit No. 54 of 1993 and in dismissing the suit. 2. The plaintiffs instituted the suit for partition simpliciter of the suit land measuring about 10.15 acres for a separate joint share of......held. Order of status quo as granted at the time of issue of the Rule on 16-8-99 is recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 80. ..Category: Property Law | Date: | Hits: 64
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. ......tle Suit No. 285 of 1995 in the Court of the 4th Assistant Judge, Dhaka which was on transfer renumbered as Title Suit No. 146 of 1997 of the Court of the Assistant Judge, 5th Additional Court, Dhaka for declaration that the order dated 7‑7‑1993 passed by the defendant petitioner discharging the......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
Noor Alam Vs. Sonali Bank and others, 2011, 40 CLC (HCD)
....d Bank Guarantee for TK 6,50,000/- from the Eskaton Road Branch of the plaintiff Bank and thereupon, the plaintiff Bank on various occasions asked the defendant No. 2, to do the needful regarding the claim of the beneficiary Bangladesh Biman. The defendant No. 2 instead of regularizing the Account f......, Sonali Bank as plaintiff filed a suit 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 c......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........7 of 2005 rejecting the case should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Petitioner, a tenant filed the case on 5.9.2005 for depositing the monthly rent in the name of the opposite parties with the House Rent Controller, ......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)
....e Opposite Party's protracted silence to favorably respond to the demand made, the Petitioner caused a legal notice dated 7.12.2009 to be served upon the Opposite Party reiterating its abovementioned claim. 5. The Guarantee, as constitutes an independent agreement between the Petitioner and the O......313; 30 BLD (HCD) (2010) 623. ......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
Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....nd the stipulations of the contracts; but those were given to them ex gratia and on compassionate grounds and all those benefits/facilities are to their benefit and not to their prejudice and their claim for regularization or absorption in the service of Biman has only been made capitalizing on th......authority and of no legal effect and why the respondents should not be directed to regularize the service of the petitioners in Biman pursuant to the recommendations of various inquiry committees formed from time to time with all Biman service facilities and allowances including retirement benef...... The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ..Category: Employment/Service Law | Date: | Hits: 145
Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....under sub-section (1). (3).................. (4)........................" 19. In reply to his submission Mr. Abdul Matin Khasru submits that official Gazette in a public document. If it is claimed by the learned Advocate for ACC that the particular officer was empowered to investigate the......order or orders as to this Court may seem fit and proper. 2. The prosecution case, in short, is that one MM Shabbir Hassan, Deputy Director, Anti-Corruption Commission on 9-12-2007 lodged First Information Report, (hereinafter referred as FIR) in Tejgaon Police Station alleging inter alia that i...... 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
Altaf Miah Vs. Md. Anwar Hossain and another, 1982, 11 CLC (AD)
.... On February 4, 1975 the appellant who is the son of late Chand Miah also sent an application to respondent No.2 praying for being appointed as the next Mutwalli. As there was contest between the two claimants the matter was enquired into by the local Inspector of Waqfs and on the basis of the repor......f the judgment written by my learned brother Badrul Haider Chowdhurv J. which happens to be the majority judgment of the Court. Finding myself not in agreement with the decision I give my own reasons for allowing the appeal. 2. In this appeal by special leave the question for consideration is whe...... COURT By the majority opinion the appeal is dismissed with costs and the judgment and order of the High Court Division are affirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 108...Category: Trust/Waqf Law | Date: | Hits: 188
Md. Nawab Ali Khondker Vs. Md. Aminuddin & Others, 1989, 18 CLC (HCD)
.... as the Chairman of the Malonchi Union Parishad, presumably on the basis of another false and collusive and fabricated report submitted by the Presiding Officer with ulterior motive. The petitioner claims that the declaration of the result of the election of the Malonchi Union Parishad on the ba......tion and publication of result in the official Gazette. 2. The petitioner's case, in brief, is that he is a renowned social worker and has been working as Chairman of the Malonchi Union Parishad for the last four and half years. The petitioner contested the election along with respondent Nos.1 ......e, if any, for vindication of his right, if so advised. In the result, therefore, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 (HCD) DLR 254. ..Category: Election Law | Date: | Hits: 171
Abdul Hannan Chowdhury and Asgar Hossain Vs. Shamsul Huq Sikder and the State, 1989, 18 CLC (HCD)
....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. ...... Dhaka on 30.3.88 in Drug Case No.3 of 1987 convicting the appellants under section 16 of the Drugs (Control) Ordinance, 1982 and sentencing each of them there under to suffer rigorous imprisonment for a period of 3 years and a fine of Tk. 50,000/- each with a default order. 2. Facts leading to......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
Maulana Abdul Motin & others Vs. Shah Alam Bhuiyan & others, 1989, 28 CLC (HCD)
....Rezia Begum. On the east...............land of vendors. On the west............public road. While the application for temporary injunction was pending the petitioners filed written objection claiming that they have purchased 17 1/2 decimals of land out of C.S. plot No.1566 from the lawful h......rected against order No.15 dated 31.12.87 passed by the subordinate Judge, 2nd Court, Dhaka in Title Suit No.517 of 1987 rejecting the application under Order 26 rule 9 of the Code of Civil Procedure for holding a local investigation of the suit land. 2. The short fact that will be necessary fo......scharged without any order as to costs. The stay order granted by this Court staying all further proceeding in title suit is vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 243. ..Category: Procedural Law | Date: | Hits: 82
Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....ed by a resolution of the Executive Committee of “BELA” to represent the same and move the High Court Division of the Supreme Court of Bangladesh under Article 102 of the Constitution. Petitioner claims that “BELA” has been active since the year 1991 as one of the leading organizations with ......itiated pro bono public. Initially, the petition was summarily rejected by the High Court Division on the ground of locus standi. The Appellate Division has sent the matter to the High Court Division for hearing on merit after setting aside the said order of rejection holding that the petitioner has......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
Nur Mohammad Fakir Vs. Bangladesh, 1997, 26 CLC (HCD)
....ingly, the respondent No.3 was appointed as Nikah Registrar on temporary basis for Jindapur Union which was taken away from the previous jurisdiction of the petitioner, and the respondent has further claimed that the Government by curtailing a particular Union from the area consisting more than one ......h Registrar as per the provision of section 4 of the Muslim Marriage and Divorce (Registration) Act, 1974. It has been stated that on the occurrence of a vacancy in the Office of a Nikah Registrar or for a new office the District Registrar may with approval of the Government issue licence to a quali......on all the three Rules are discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 71. ..Category: Civil Law | Date: | Hits: 90
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. ......ment Kazi Ebadul Hoque J.- This reference under section 374 of the Code of Criminal Procedure has been sent by the Sessions Judge, Natore convicting the accused under section 302 of the Penal Code for confirmation of the death sentence awarded to him by his judgment dated 26-2-94. The condemned p......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