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Sanwar Hossain Vs. State, 1993, 22 CLC (HCD)
.... Let a copy of this judgment be forwarded to the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489.......e crime but the abscondance of an accused cannot be treated to be corroboration of the confessional statement of another accused so as to base thereon conviction of the absconding accused. 39. The principle laid down in that case cannot be applied in the instant case before us inasmuch as none of...... Let a copy of this judgment be forwarded to the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489...Category: Criminal Law | Date: | Hits: 91
Renu Begum Vs. Khandokar Enamul Mowla and others, 2011, 40 CLC (HCD)
....uit is set aside and thus, the suit is hereby decreed. 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 BLC (2011) 791. ......ding of the Court of appeal below that one witness is not sufficient to prove the baina patra in question appears to be perverse being contrary to section 134 of the Evidence Act and well established principles of law. Mr. Zafar Ali Khan, the learned Advocate for the defendant-opposite parties has f......uit is set aside and thus, the suit is hereby decreed. 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 BLC (2011) 791. ..Category: Property Law | Date: | Hits: 74
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. ......t the Courts are in general rather reluctant to interfere with payments against performance guarantees which are furnished to secure commercial transactions and that this is predicated on the settled principle of law that no prohibitive order can be passed by the Courts to interfere either with norm......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..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. ......, 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..
Category: Fiscal/Taxation Law | Date: | Hits: 113
Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)
....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. ......contemplated, recognized and dealt with at different places and under different Articles of the Constitution, as were deemed appropriate by the framers of the Constitution keeping in mind the broad principles of separation of powers in the scheme of the Constitution. 6. Nowhere in the Constitut......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..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.
......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..
Category: Property Law | Date: | Hits: 82
Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)
....merit in the contention of Mr. Mahmudul Islam. Accordingly, the appeal is allowed without any order as to cost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ......An admission of a person is admissible in evidence as against him, though it can be explained away by the maker thereof or the person against whom it is sought to be proved. According to me, the same principle applies to an admission in a signed pleading, or in affidavit, or in any sworn deposition ......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..Category: Procedural Law | Date: | Hits: 76
Oriental Bank Ltd. Vs. Federal Insurance Company Ltd., 2010, 39 CLC (HCD)
....reasons above cited this Court finds no merit in this Application. In the result, this Application is dismissed. There is no order as to costs. Ed. This Case is also Reported in: ......ached or compelled the principal debtor to pay. Mr. Hussain asserts that such a liability of the guarantor to pay upon demand made within time is independent and exclusive of any other liability of a principle debtor and, therefore, adds up to a ‘strict liability’. It is in that regard, that thi...... 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..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. ...... 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..Category: Fiscal/Taxation Law | Date: | Hits: 131
Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)
....ose bundles and those are not laboriously collected money from the Party members. According to the learned Attorney-General this money had been given to the accused by others, may be in' different installments, directly withdrawing the cash in bundles from the Bank and this huge amount of money i......of the High Court. We, having considered the matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ......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..Category: Criminal Law | Date: | Hits: 125
Rezaul Karim (Md) and another Vs. Secretary, Ministry of Home Affairs and others, 1991, 20 CLC (HCD)
....petitioners, Rezaul Karim Talukdar and Golarn Gaffar, is declared to be illegal and of no legal effect. No order is made as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 110. ......rt thereof.’’ In the case of Sheikh Ali Ahmed Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh, reported in 40 DLR (AD) 170 it has been held by the Appellate Division that the principle of natural justice is to be observed in the matter of exercising the power of cancellation......petitioners, Rezaul Karim Talukdar and Golarn Gaffar, is declared to be illegal and of no legal effect. No order is made as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 110. ..Category: Constitutional Law | Date: | Hits: 174
Muhammadullah and others Vs. Makbul Ahmed and State, 1991, 20 CLC (HCD)
....ugned proceeding of the Petition Case No.345 A‑1/89 pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 107. ......The law does not provide that after the direction of the Court they are to make the share certificates again ready for delivery to the complainant. 12. In view of above, we are of opinion that the principles of law enunciated in the above reported case is applicable in the facts of the present ca...... of Harish Chandra Vs. Kayindra Narain Sina and others, reported in AIR (1936) (All) (FB) at page 830 where it has been held as follows: "A contravention of the provisions of s. 85, Companies Act, amounts to an offence punishable with fine." Section 85 of the Companies Act, 1913, inter alia, p..Category: Criminal Law | Date: | Hits: 89
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. ......istration Act. 14. In this connection, the learned Advocate for the opposite party has relied on the decision referred above. But this decision does not appear to be precisely on the point but the principle laid down may be availed of in coming to a correct decision. In the cited case the transfe......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. ..Category: Property Law | Date: | Hits: 81
Akhtar Hossain alias, Babul Akhtar alias, Akhtar Ali and another Vs. The State, 1991, 20 CLC (HCD)
....nst them. It is directed that the condemned prisoners be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 83. ......s required under the medical jurisprudence referred to by the learned Advocate for the appellants. Modi's Text Book on Medical Jurisprudence and Toxicology (20th Edition at page 80) sets down certain principles in question and answer forms to be applied for ascertainment whether it was a corpus of a......icipation of the accused in the said offence. Consideration of an alleged confession without there being any independent 8vidence of any offence having been committed which is alleged to be confessed amounts to putting the cart before the horse which obviously cannot move." 23. In a criminal tria..Category: Criminal Law | Date: | Hits: 110
....ed 11.12.88 are without lawful authority and are of no legal effect. The Rule is therefore made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 407....... actions caused loss to the petitioner which needs determination in accordance with law. The petitioner further stated that without determining the amount of dues filing of certificate is against the principle of justice and violative of the fundamental rights of the petitioner and prayed that pendi......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..
Category: Civil Law | Date: | Hits: 99
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....e Civil Petition which does not merit our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ...... as under: “In view of the aforesaid findings the grounds upon which review of the judgment is sought have already been decided. A wrong decision on interpretation of certain provision of law or principle laid down in a decision relied upon by a court are no grounds for review ‘Error apparent......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..Category: Civil Law | Date: | Hits: 238
AKM Mohinus Saleh & others Vs. State, 1992, 21 CLC (HCD)
.... absolute and the accused petitioners are discharged from their bail bonds. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 386....... "Since the principal offender was acquitted in the previous trial, no useful purpose would be served by trying the other accused who were described as abettors in the subsequent proceeding." The principle laid down in the above cited case does not exactly fit in the present case where the princ......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,..Category: Criminal Law | Date: | Hits: 80
A. Jalil Vs. Upendra Chandra Saha & others, 1991, 20 CLC (HCD)
....titioner has been able to explain the long delay satisfactorily. The Rule is, therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 381. ......ormal period of limitation is allowed to run out the applicant has to explain every day's delay beyond the period of limitation. Viewing the facts stated hereinabove in the light of the above settled principle I am unable to hold that the petitioner has been able to explain the long delay satisfacto......titioner has been able to explain the long delay satisfactorily. The Rule is, therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 381. ..Category: Procedural Law | Date: | Hits: 72
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. ......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..Category: Election Law | Date: | Hits: 128
Fazlul Karim Vs. Agrani Bank, 1991, 20 CLC (HCD)
....he Agrani Bank was illegal, void and inoperative and that he remained in service in that post at the date of institution of the suit. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 375. ......eclaration that (a) that the office order bearing Memo No. AGM/DAD/2028/82 dated 29th November, 1982 dismissing the plaintiff from the service is mala fide, illegal, void, inoperative and against the principle of natural justice and (b) for a decree declaring that the plaintiff is still in service u......he Agrani Bank was illegal, void and inoperative and that he remained in service in that post at the date of institution of the suit. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 375. ..Category: Employment/Service Law | Date: | Hits: 71
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