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Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)
....re led to hold that the instant petition under section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ......ere the facts are so preposterous that even on the admitted facts, no case can stand against the accused; (b) Where institution or continuance of criminal proceedings against an accused person may amount to an abuse of the process of the Court or when the quashing of the impugned proceedings woul......re led to hold that the instant petition under section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ..Category: Criminal Law | Date: | Hits: 103
Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)
.... to be without lawful authority and is of no legal effect. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (2011) 674. ......merce Bank Ltd. Dhaka (shortly, the Bank), as plaintiff on 15-6-1990 instituted Money Suit No.73 of 1990 before the Court of Subordinate Judge and Artha Rin Adalat No.1, Dhaka for realization of loan amounting to Taka 20,16,381.90 as stood on 31-3-1990 impleading Messrs Ahmed and Brothers and the pe...... to be without lawful authority and is of no legal effect. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (2011) 674. ..Category: Civil Law | Date: | Hits: 83
Helm Dungemittel Gmbh Vs. BCIC and another, 2009, 38 CLC (HCD)
....f any order to have been made by this Court in conjunction with the Arbitration Application No.1 of 2007. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 783. ......re not confirmed in accordance with the terms of the contracts. This, therefore, raised the question whether BCIC could assert that the non-shipment of the goods by HELM under the circumstances would amount to a breach of contract, thereby, paying the way for BCIC to encash the Performance Guarantee......f any order to have been made by this Court in conjunction with the Arbitration Application No.1 of 2007. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 783. ..Category: Alternative Dispute Resolution | Date: | Hits: 172
...., we find no substance in the submissions of the learned Counsel for the appellant.
Accordingly, the Appeal is dismissed in ex-parte.
Ed.
This Case is also Reported in: VIII ADC (2011) 428. ......order. The learned Counsel further submitted that the High Court Division misconstrued the provision of clause (a) of subsection (1) of Section 158D by failing to notice that the payment of the amount of tax as is payable on the basis of the return filed by the appellant fulfills the require......, we find no substance in the submissions of the learned Counsel for the appellant.
Accordingly, the Appeal is dismissed in ex-parte.
Ed.
This Case is also Reported in: VIII ADC (2011) 428. ..
Category: Fiscal/Taxation Law | Date: | Hits: 113
Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)
.... does not mean that the judiciary is above of the executive branch but that the judiciary is independent in the exercise of its judicial functions. It is finally contended that the civil service as a whole is part of the executive and the subordinate to the political executives as the subordinate ......on behalf of the petitioner that claiming precedence by one organ of the Government over other organs is against the letter and spirit of separation of powers as a constitutional principle, and may amount to interference with the other branches of the Government violating rule of law. It is furthe......il, 2011 and thereafter the respondent shall file the same within 17th April, 2011. The appeal is fixed for hearing on 26th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 415. ..Category: Constitutional Law | Date: | Hits: 441
....ral and documentary, and as such no interference is called for.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VIII ADC (2011) 410.
......ted quotation on 10th April, 1981 which was opened on 14.5.1981 by the authority concerned. The plaintiff was informed, vide letter dated 21.5.1981 by the Jute Trading Corporation Ltd. that his offer amounting to Tk.2,65,000/- only for purchase of the above mentioned property was the highest tende......d a letter addressing the plaintiff that the authority accepted his offer and accordingly the ownership of the property concerned henceforth stood transferred in favour of the plaintiff as the tender money was received in full by them. The plaintiff was further advised to take over possession of the..
Category: Property Law | Date: | Hits: 82
Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)
....scredit the truth of her case". It was further observed "The true object to be achieved by a Court of justice can only be furthered with propriety by testimony of the party who personally knowing the whole circumstances of the case can dispel the suspicious attaching to it. The story can then be......t lands on that day and since then he has been continuing in possession. The vendors thereupon executed and registered a sale deed in favour of the plaintiff on receipt of the balance consideration amount on 21st October, 1992. The appellant (the defendant), it is alleged, in collusion with ot......s of land out of the suit Nos.184, 404 and the other owners Mari Bibi and Banu Bibi executed an agreement for sale on 24th April, 1984 in respect of some lands out of same plots on receipt of advance money and handed over possession of the suit lands on the same day. When the vendors refused to exec..Category: Procedural Law | Date: | Hits: 76
.... parliamentary affairs, Government of Bangladesh.
Send down the lower Court record.
Communicate this order at once.
Ed.
Md. Nuruzzaman J.-I agree.
This Case is also Reported in:
...... parliamentary affairs, Government of Bangladesh.
Send down the lower Court record.
Communicate this order at once.
Ed.
Md. Nuruzzaman J.-I agree.
This Case is also Reported in:
...... property left this country on the eve of Pak-Bharat war of 1965, as such, schedule property has been recorded in the name of Government as enemy property in V.P. Case No. 2/81-82 and by paying lease money lessees of the Government possessing the suit land.
12. Learned Judge by the impugned judg..
Category: Property Law | Date: | Hits: 66
Oriental Bank Ltd. Vs. Federal Insurance Company Ltd., 2010, 39 CLC (HCD)
.... different from what he had guaranteed.” 11. Furthermore, in Holme Vs. Burnskill reported in (1) (1878) 3 QBD 495 the equity of not keeping the surety bound in a transaction that has taken on a whole new complexion without his assent was succinctly enunciated thus: “The cases as to discha...... of guarantor does not arise. Although guarantor has sent several reminders to debtor M/S. Marshall(sic) Homes to adjust Bank loan & M/S Marshall(sic) Home has sufficient wealth to repay the loan amount as this is his responsibility to adjust loan amount as a guarantor my client is not liable to......o make the payment of out standing (sic) loan. After his failure my client will be liable to adjust loan as guarantor. Since the borrower M/S Marshall (sic) Homes has the capability to repay the loan money. In that case the question of repayment on the part of guarantor does not arise. Although guar..Category: Company Law | Date: | Hits: 203
Trade Channel Vs. Collector of Customs, Customs House Chittagong and others, 1990, 19 CLC (HCD)
.... justly if the Bills of Entry have been presented by the petitioner. Let a copy of this order be sent to the Collector of Customs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 127. ......une, 1989 and, to release the said cargo of rerollable scrap and meltable (malting) scrap on such terms and conditions as this Court may decide and also to direct the respondents to refund the excess amount of Tk. 27,03,354.88 paid on 18.7.90 by the petitioner at the time of taking delivery of consi...... justly if the Bills of Entry have been presented by the petitioner. Let a copy of this order be sent to the Collector of Customs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 127. ..Category: Fiscal/Taxation Law | Date: | Hits: 131
Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)
....be just ignored because of the absence of similar provision in the prevention of Corruption Act 1947 under which the present accused is being trial and, therefore, the learned Counsel argued that the whole proceeding is malafide and a nullity because he had been given no due opportunity under the la......found therein. The type of the goods and articles found in that Senabhaban by the said Committee was notified in the newspapers by a Press Note on 2.1.91 where it was mentioned that huge sum of money amounting to Tk. 2 crores in cash was recovered from that house including many other articles namely......goods found therein. The type of the goods and articles found in that Senabhaban by the said Committee was notified in the newspapers by a Press Note on 2.1.91 where it was mentioned that huge sum of money amounting to Tk. 2 crores in cash was recovered from that house including many other articles ..Category: Criminal Law | Date: | Hits: 125
Alesuddin Mondal Vs. Md. Toyezuddin Dewan, 1991, 20 CLC (HCD)
....n committed by the Courts below. In the result, the Rule is discharged with cost. The lower Court record be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 105. ......n committed by the Courts below. In the result, the Rule is discharged with cost. The lower Court record be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 105. ...... point but the principle laid down may be availed of in coming to a correct decision. In the cited case the transfer was saddled with agreement for reconveyance on condition that if the consideration money be paid back by purchaser to the seller within certain time, then purchaser would recover the ..Category: Property Law | Date: | Hits: 81
Naresh Lal Saha and other Vs. Bhupati Mohan Roy and others, 1990, 19 CLC (HCD)
....arly directs that, if the Court is of opinion that the suit or any part thereof may be disposed of on an issue of law only, it shall try that issue first even without settling the issues of fact. The whole object of this provision seems to be that if there is any issue of law on which the entire sui...... In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 96....... or part thereof, the Court may proceed with disposing of the issues of law only, keeping the issues on fact at abeyance. That may be done for the sake of convenience and is intended to save time and money which otherwise may be wasted unnecessarily. But the most important factor in both these two r..Category: Procedural Law | Date: | Hits: 62
....a notice is served upon the certificate debtor under section 7 of the PDR Act and the certificate debtor is entitled to make a petition in the prescribed form signed and verified denying liability in whole or in part under section 9 of the Act within the period of 30 days from the service of any pro......Debidwar Police Station in the District of Comilla. For preserving potatoes in the Cold Storage the petitioner applied to the Bangladesh Krishi Bank for loan in March, 1981 and the Bank sanctioned an amount of Tk. 42 Lac which was repaid with interest in full. In the year 1982 the petitioner again a......possible for the respondent Bank to sanction loan in favour of the petitioner in 1986 as in the meantime, the respondent had initiated the Certificate Case against the petitioner for recovery of loan money and interest. The petitioner finally adjusted its 1982 liabilities in 1984 after much persuasi..
Category: Civil Law | Date: | Hits: 99
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....rne in mind that as finality attaches to the judgments delivered by this Court, which stands at the apex of the judicial hierarchy, a review proceeding is neither in the nature of a re-hearing of the whole case, nor is it an appeal against the judgment under review. It is accordingly not permissible......en committed by the petitioner and the accused No.1-Gias Uddin Al Mamun from 01.01.2003 to 31.05.2007; that the accused persons in collusion with each other having earned directly by illegal means an amount of Tk. 20,41,25,843/-deposited the same secretly in the Account No.158052, City Bank, Singapo......n depositing US$ 54,982.42 by Supplementary International Gold Visa Card No.4568-8170-1006-4122 in collusion with each other for making illegal gain knowing fully well about the illegal source of the money in foreign Bank Account spent those amounts in different countries and thereby committed offen..Category: Civil Law | Date: | Hits: 238
AKM Mohinus Saleh & others Vs. State, 1992, 21 CLC (HCD)
....ation anywhere either in the FIR or in the charge‑sheet that the petitioner had obtained an pecuniary advantage for himself or that he obtained it for others by his action? What has come out of the whole unfortunate transaction is loss to the Biman but the facts revealed clearly go to show that th......an account on 20th May, 1977 without complying with the formalities required for opening of the account for a limited period and he did not also report this to the superior authority and that a total amount of Taka 17,51,027.50 paisa was credited to that account from 20th May, 1977 to 16th February,......h unauthorisedly and the co‑accused Mostafa Anwar (now deceased) drew Taka 7,51,163.10 paisa from the said account. The accused persons including the accused petitioners are liable for handling the money of the Bank as their own money and they violated the directives given by the Company in their ..Category: Criminal Law | Date: | Hits: 80
Ansar Ali Khan Vs. Chief Election Commissioner and others, 1992, 21 CLC (HCD)
....r nomination as Chairman or member to contest the said election. On the ground stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 379. ......sion of nomination papers to the Returning Officer was fixed by the Election Commission to be on 7th December, 1991. Admittedly the petitioner was a defaulter in respect of payment of arrears of loan amounting to Taka 10,540.00 to the Mirzapur Branch of Bangladesh Krishi Bank till 7.12.91 and the pe......r nomination as Chairman or member to contest the said election. On the ground stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 379. ..Category: Election Law | Date: | Hits: 128
.... Artha Rin Suit No.103 of 2001 is maintained.
Let a copy of the judgment along with lower Court’s record be sent down at once.
M. Moazzam Husain J.- I agree.
This Case is also Reported in:
......e case are that the appellant as plaintiff- Bank instituted Artha Rin Suit No.103 of 2001 before the Artha Rin Adalat, Khulna impleading the respondent-defendants for recovery of its outstanding dues amounting to Tk.1,21,02,510.00 as on 11.11.2001 on the averments that in terms of Asian Development ......ny but defendant company failed to perform his part of the contract and also could not go into operation of its project. In such circumstances plaintiff-Bank under the legal compulsion issued so many money call back notices upon the defendant-company lastly, on 24.7.1995 but the defendant-company ha..
Category: Civil Law | Date: | Hits: 217
Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)
.... circumstances and thereby committed contempt of this Court. 13. Before going into the gamut of the case let us first see what are the redeeming features governing the contempt of proceeding as a whole. At the very outset we would like to mention that the Contempt of Court Act 1926 has not given...... any judgment, decree, direction, order writ or other process of court or Wilful breach of an undertaking given to the Court. If our order and direction are disobeyed wilfully certainly that would amount to contempt. The distinction between Criminal contempt and Civil contempt is narrow and it......n into the matter and submitted a report to the Secretary, Ministry of Finance wherein it was found that the respondent No.5 had been taking deposits and depositors are depositing and withdrawing the money from him and that it was functioning as a Bank quite illegally having only their register unde..Category: Employment/Service Law | Date: | Hits: 115
Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)
....Part IV use the word in the sense of Executive Government. But Chapter II of Part V, "Legislative and Financial Procedure" uses the word "Government” in a generic sense, meaning the Republic as a whole. Part IX is concerned with "the Services of Bangladesh.," not just one service. In the definit......(a) grant from the Government or statutory body; (b) loans borrowed by the Commission; (c) fees and charges deposited under this Act; and (d) money received from any other source. (2) The amount of the Fund shall be maintained in the name of the Commission in any Scheduled Bank determi......lause (section 2). Section 17 of the Act No.13 of 2003 is as follows: "17. Funds of the Commission.—(1) There shall be a fund to be called "Bangladesh Energy Regulatory Commission Fund" and money, as mentioned below, shall be deposited in the Fund, such as:— (a) grant from the Governm..Category: Employment/Service Law | Date: | Hits: 92
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