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SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... party mortgager, was made defendant No.3. Ultimately the suit was decreed exparte against the borrower and on contest against the petitioner by judgment and decree dated 25.5.2009. The decree holder bank put the decree in execution by filing Artha Execution Case No.131 of 2009 and initiated selling......e 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:20 BLT (HCD) (2012) 15. ..Category: Procedural Law | Date: | Hits: 95
Md. Azizul Islam Vs. State, 2011, 40 CLC (HCD)
....y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ......e enlarged on bail. The learned Assistant Attorney General appearing for the opposite party opposes the prayer for bail. Heard the learned advocate of both the sides and perused the FIR, other documents annexed to the application for bail and the impugned order. 6. On perusal of the surath..Category: Criminal Law | Date: | Hits: 40
Md. Shahjahan and others Vs. State, 2010, 39 CLC (HCD)
....erty to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in:......thing about the misuse the privilege of bail of the petitioner No.2. Md. Karim, who has been enlarged on ad-interim bail. 5. Heard the learned advocate of both the sides and perused the FIR, other documents annexed to the application for bail and the impugned order. 6. Considering the factual ..Category: Criminal Law | Date: | Hits: 43
Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
.... petition is allowed in part. The short order quoted above forms part of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 29, 19 BLT (AD) (2011) 54, 16 MLR (AD) (2011) 161. ...... petition is allowed in part. The short order quoted above forms part of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 29, 19 BLT (AD) (2011) 54, 16 MLR (AD) (2011) 161. ..Category: Criminal Law | Date: | Hits: 163
MA Qasem Vs. Subordinate Judge, Artha Rin Adalat and others, 1999, 28 CLC (HCD)
....expressing apprehension that the plaintiff may file papers including letter of guarantee which the defendant petitioner signed in connection with the loan for Beximco Food Ltd. and that kept with the bank and that the plaintiff may use the said documents in the instant suit. He also submits that in ......desh impugning the order dated 9-4-1995 (order No.15 dated 9-4-1995) of the Court of Subordinate Judge and Artha Rin Adalat No.4, Dhaka passed in Title Suit No.7 of 1994 allowing filing of additional documents by the plaintiff. 2. Facts as stated in the Wit Petition, in short, are that, the respo..Category: Civil Law | Date: | Hits: 90
Eman Ali Mallik Vs. State, 2000, 29 CLC (HCD)
.... case within six months from the date of receipt of the case records from this Court. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 335.......y of the accused persons on obtaining signatures of Eman Ali Mallik, Manager of the scheme, Shamser Ali Molla as Chairman and Md. Shiraj Mollah and accused Haroon-or-Rashid as Directors, on different documents. It has been further alleged that the accused persons did not pay the price of the tube-we..Category: Criminal Law | Date: | Hits: 43
Jamal Uddin alias Md. Jamal Uddin Vs. State, 2000, 29 CLC (HCD)
....e immediate steps for securing his arrest to serve out the sentence imposed upon him. Send down the Lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 330....... of the Penal Code, to which the accused petitioner pleaded not guilty and claimed to be tried. 5. At the trial the prosecution examined 6 witnesses, including investigation officer, and exhibited documents in support of its case while the defence examined none. 6. The defence case is that, th..Category: Criminal Law | Date: | Hits: 37
Shawn Apparels Ltd. Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
....of Lading in question was issued to the order of Agrani Bank, Tejgaon Industrial Area Branch, Dhaka and there is no disclosure by the petitioner as to whether they, in fact, made any enquiry with the bank as to whether the goods were really imported properly through a valid LC and the stipulation in......back to Back LC being No. 8BA/01/98/256 DP on 31-3-98 through Sonali Bank, Corporate Branch, Dhaka. In compliance with the requirement for taking delivery of the consignment, invoice and the shipping documents were forwarded to the petitioner by the upp1ier from Singapore for clearance of the said f..Category: Fiscal/Taxation Law | Date: | Hits: 83
Khurshid Alam Vs. Securities and Exchange Commission and others, 1999, 28 CLC (HCD)
....t 1891, sections 116 and 117 of the Income Tax Ordinance 1984 and the decision of the Court of Appeal reported in (1924) 1KB 461 submitted that respondents cannot compel the petitioner to furnish his bank account as the disclosure of the same would affect the secrecy attached to bank accounts and, a......ituted under section 21 of the said Ordinance and under the provision of section 6(I) of the said Ordinance petitioner as a member of Dhaka Stock Exchange Ltd. is bound to maintain accounts and other documents of all shares transactions and under Rule 8 (I)(e) of the said rules is required to mainta..Category: Banking Law | Date: | Hits: 196
Matiur Rahman (Md.) Vs. Dhaka Stock Exchange Ltd. and another, 1999, 28 CLC (HCD)
....f the right of possession of Room 212 of the Dhaka Stock Exchange Building. The application is thus allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 530.......1 Dhaka Stock Exchange Limited has filed an affidavit-in-opposition denying the material allegations made in the application, however admitted the fact that the petitioner Md. Matiur Rahman submitted documents and papers relating to the transfer, to the Dhaka Stock Exchange Limited on 20-3-81 for re..Category: Company Law | Date: | Hits: 194
Abdul Gani Howlader (Md.) and another Vs. Abdus Somed Howlader and others, 1999, 28 CLC (HCD)
....interference is called for by this Court. The result, therefore, is that the Rule is discharged. However, there will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 522.......ser had no beneficial interest therein section 66 Code of Civil Procedure comes in the operation. This doctrine is embodied in some of the decided cases. 11. He has further argued that even if the documents filed by the plaintiffs had been discussed and considered by the appellate Court below no ..Category: Property Law | Date: | Hits: 98
Sajeda Begum Vs. Member, Bhumi Appeal Board and others, 1997, 26 CLC (HCD)
....and Administration Board by Annexures ‘C’, ‘E’ and ‘F’ In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 516. ......n 1388 BS vice DC No. 432811 dated, 8-8-88. Therefore the petitioner could not have acquired any ownership in Government khas land of public easement by virtue of a fraudulent and illegal sale. These documents he says were deposited by the respondents in VP Case No. 173 of 1987 (Khulna) of Bhumi App..Category: Property Law | Date: | Hits: 107
SM Fazlul Haque Vs. Salahuddin Ahmed and another, 2001, 30 CLC (HCD)
....ntage of the imprintment of technical fees in the LC the defendant No. 1 instead of settling the dispute through arbitration to which he previously agreed started creating pressure on defendant No. 2 bank for the payment of technical fees. In view of the defendant No. 1’s persistent pressure and i......nce, a contractual nexus comes into being between the Issuing Bank and the seller/beneficiary, whereby the Issuing Bank undertakes an absolute liability to pay the credit amount on production of such documents which are stated in the credit creating instrument, (3) that the said contractual nexus be..Category: Civil Law | Date: | Hits: 164
Shah Alam (Md.) Vs. Md. Shahidur Rahman and others, 2003, 32 CLC (HCD)
....dingly. Communicate the order to the court below at once. Send down the lower court records along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 214.......ine mutation did, indeed, take place and that all those registers and receipt books produced in support of such mutation were wholly unreliable and the learned Judge should not have relied upon those documents and disallowed the pre‑emption petition. Further, according to him, original co-sharersh..Category: Property Law | Date: | Hits: 53
Abdur Rouf @ Rab Howlader Vs. State, 2003, 32 CLC (HCD)
.... after some time, Abdur Rouf and Firoja Begum together went away. Following morning she received a news that dead body of Firoja Begum covered with a 'Katha' and Abdur Rouf lying injured at the south bank of Malia Bharani canal. Then, the parents of Firoja Begum, her brother's wife, local Chowkider ...... In the result, this appeal is dismissed and the order of conviction and sentence is hereby affirmed. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 202. ..Category: Criminal Law | Date: | Hits: 44
Hasibul Bashar (Md.) Vs. Dilshed Huda and another, 2002, 31 CLC (HCD)
....esented before the Bank prior to 3‑1‑1999 and, as such, the contention of the learned Advocate for the opposite party No. 1 complainant cannot be accepted that the cheque was presented before the bank on 3‑1‑1999 for the 1st time. 7. The learned Advocate for the accused petitioner filed a......me of issuance of the Rule is recalled. Let the copy of this order be sent to the court of Metropolitan Magistrate, Dhaka for information. Ed. This Case is also Reported in: 55 DLR (2003) 200...Category: Criminal Law | Date: | Hits: 28
Rustom Ali and others Vs. Hasen Ali and others, 2011, 40 CLC (AD)
....ely, after keeping Photostat copies of all those documents in the office, duly attested by the Registrar. Ed. This Order is also Reported in: 16 BLC (AD) (2011) 34 & 19 BLT (AD) (2011) 53. ......1997, along with the application for the certified copy and a copy of the enquiry report dated 15.01.2011, be forwarded to the concerned Court immediately, after keeping Photostat copies of all those documents in the office, duly attested by the Registrar. Ed. This Order is also Reported in: ..Category: Criminal Law | Date: | Hits: 70
Haripada Saha Vs. Md. Shamsuddin Quraishi and others, 1997, 26 CLC (HCD)
....llegality in the impugned order. In the result, the Rule is discharged without any order as to costs. Send down the LC Records at once; Ed. This Case is also Reported in: 54 DLR (2002) 606.......on in the Civil Petition for Leave to Appeal No. 344 of 1992 and their Lordships after taking into consideration the materials and evidence on record observed that, “However, we have considered the documents and the map ourselves, which was difficult though without the help of a survey knowing Adv..Category: Administrative Law | Date: | Hits: 210
Rupali Bank Ltd. Vs. Chairman, Second Labour Court, Dhaka, 2001, 30 CLC (HCD)
.... be absorbed in permanent posts, on preferential basis, as and when such posts are available or created. There will be no order for costs. Ed. This Case is also Reported in: 54 DLR (2002) 602....... be absorbed in permanent posts, on preferential basis, as and when such posts are available or created. There will be no order for costs. Ed. This Case is also Reported in: 54 DLR (2002) 602...Category: Labour and Industrial Law | Date: | Hits: 134
Habibur Rahman Hawlader Vs. State and another, 2000, 29 CLC (HCD)
....appeared on behalf of the opposite party No. 1 and opposed the Rule. 6. We have perused the petition of complaint. It appears from the petition of complaint that both cheques were presented to the bank within six months from the date of issuance. According to proviso (a) of section 138 of the Neg......re is a misconceived one. In the result the Rule is discharged, stay granted earlier by this court is thus vacated. Communicate the order. Ed. This Case is also Reported in: 55 DLR (2003) 199...Category: Banking Law | Date: | Hits: 191