Search Options
Judgment Advanced Search
Displaying 201-220 of 3960 results.
Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)
....ceeding is unwarranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 41 ...... observations of the said case, he placed before us paragraph Nos. 44 and 45 as reproduced below:-- “44. From the facts and circumstances of the instant case we are of the opinion that the principle of 'ex post facto' laws as embodied in Article 35(1) of the Constitution......perated the Account No. 158052 in City Bank, Singapore in which there were different transactions and from the transactions Profile Investigation Officer of the case found the deposit of consolidated amount of 27,78,970.84 US Dollars. But the accused-petitioner could not give answer about that amoun..Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5
Rahmat Ali alias Shukkur Vs. State, 2012, 41 CLC (AD)
....o one of imprisonment for life. Accordingly, the Jail Petition No.15 of 2010 is dismissed with modification of sentence of death as stated above. Ed. This Case is also Reported in: ...... the decision reported in 13 DLR 203 in the case of State Vs. Tasiruddin. That case was one where the death sentence was awarded by the trial Court. Murshed, J (as his Lordship then was) analysed the principle which a Court must follow in awarding sentence when convicting under section 302 of the Pe......o one of imprisonment for life. Accordingly, the Jail Petition No.15 of 2010 is dismissed with modification of sentence of death as stated above. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 144
Fazlul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....lared to have been issued without lawful authority and to be of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 376. ......be exercised honestly and fairly having regards to the purpose of the statute conferring it and not according to personal whims or humour of the person clothed with the discretion. 14. The Latin principle delegata potestas non potest delegari states that 'no delegated powers can be further ......lared to have been issued without lawful authority and to be of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 376. ..Category: Constitutional Law | Date: 22 Nov, 2012 | Hits: 5
Birendra Nath Roy Vs. Rupali Bank Ltd, 2012, 41 CLC (HCD)
.... Rin Adalat concerned is directed to proceed with the Artha Execution Case No.111 of 2005 expeditiously in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 118. ...... Rin Adalat concerned is directed to proceed with the Artha Execution Case No.111 of 2005 expeditiously in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 118. ......ty No.1, Rupali Bank Ltd represented by the Manager, Manasa Bazar Branch, Bagerhat as plaintiff instituted Artha Rin Case No.23 of 2001 before Artha Rin Adalat No.1, Bagerhat for recovery of its dues amounting to Taka 1,17,176 with interest on the averments that Gokul Chandra Roy availed of loan fro..Category: Civil Law | Date: 21 Nov, 2012 | Hits: 7
Md. Aminullah and others Vs. Serajul Huq and others, 2012, 41 CLC (AD)
....n is set aside and the impugned judgment and order passed by the appellate Court is restored. There is no order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 131. ......n is set aside and the impugned judgment and order passed by the appellate Court is restored. There is no order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 131. ......the entire share of Atarjan. Abdun Nabi obtained 1 ganda of land from R.S. Khatian No.3838 but wrongly stated R.S. Khatian No.3836 in the registered deed of sale dated 16.09.1991 showing an inflated amount of Tk.20,000/-. Pre-emptee Nos.1 and 2 are strangers to the case land. After that, the pre-e..Category: Property Law | Date: 21 Nov, 2012 | Hits: 27
Khorshed and another Vs. State, 2012, 41 CLC (HCD)
....the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 241 ........Respondent Judgment November 20, 2012. Result: The appeals are dismissed. Section 164(3), the Code of Criminal Procedure, a mandatory provision of law It is a settled principle of law that the requirement of adherence to the provisions of section 164(3) of the Code o......e failure of the learned trial Judge to question them thereabout is clearly a serious omission which is not curable by the provisions of section 537 of the Code of Criminal Procedure and this failure amounts to infringement of the provisions of section 342 of the said Code and that being so, the con..Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8
Amirul Islam (Md.) Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
....e Rule is declared to have been passed without lawful authority and is of no legal effect. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 77. ......ioner of Customs Vs. Cab express (ED) Ltd reported in 64 DLR (AD)100 wherein Mr. Justice Md. Fazlul Karim (as his lordship then was) expressed in clear terms: — "It is now established principle of law that since no disputed question of fact need be gone into and that only interpretat......ing business of trading. On 20-9-2011 the petitioner opened an irrevocable letter of credit being No.108111010300 in favour of the United Agencies Pvt. Ltd of 15 Tagore Drive, Singapore 787622 for an amount of US$ 1, 62,525.75 through the Al-Arafah Bank Limited, New Elephant Branch, Dhaka for import..Category: Fiscal/Taxation Law | Date: 19 Nov, 2012 | Hits: 6
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
....(B) Gulshan Model Town, Gulshan (hereinafter referred to as the suit plot) vide allotment letter under Memo No.2409 dated 21-3-1962. Engineer Humayun Kabir Shamsul Reza of Bara Mogbazar paid the installments against the suit plot on 26-3-1962, 26-6-1962, 7-1-1963, 5-3-1964 and 3-2-1966. The DIT......ifting of the evidence on record or contrary to the evidence on record and that the reasonings given by the High Court Division in affirming those of the trial Court, were not based on sound judicial principle or otherwise fallacious. 54. This suit being a suit for title along with other p......sidential to commercial plot. RAJUK by its letter dated 14-8-2001 asked Engineer Shamsul Kabir Humayun Reza of Bara Mogbazar to pay Taka 38, 28,125 as conversion fee and accordingly, he paid the said amount and the suit plot was converted as a commercial plot from residential one. Thereafter, E..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
Sk Ahmedullah (Babul) Vs. Al-haj Md. A Rashid, 2012, 41 CLC (HCD)
....ditiously in accordance with law. Send a copy of the judgment and order to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 399. ......ditiously in accordance with law. Send a copy of the judgment and order to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 399. ......n also the case has attained its maturity after expiry of the statutory period. There is no illegality in this respect................(6) Prayer for a direction on the complainant to receive the amount and discharge of the accused is not acceptable It is not the function of the trial Court..Category: Others | Date: 11 Nov, 2012 | Hits: 8
....he Court concerned immediately for information and necessary action.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 51.
...... such that the suit is not maintainable and there is no cause of action to file the suit which is barred by limitation and barred by section 42 of the Specific Relief Act, 1877 and also barred by the principle of estoppel, waiver and acquiescence. The further case of the defendants is such that the ......he Court concerned immediately for information and necessary action.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 51.
..
Category: Civil Law | Date: 8 Nov, 2012 | Hits: 4
Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
.... law. Let a copy of this judgment be transmitted to the concerned Court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 116. ......ndoned properties has been disclosed against the accused-petitioner in the prosecution materials...........…..(25) Whether the Impugned Proceedings should be Quashed- It is a settled principle of law that the disputed question of fact cannot be determined by the Court invoking ......ni, Dhanmondi, Elephant Road, Shantinagar, New Eskatan etc. for the benefit for himself and other accused and sold the same at a less price than the market price thereby causing a huge financial loss amounting to Tk. 127,64,19,059.26 to the public exchequer. Against this backdrop, a case under secti..Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7
Advocate Asaduzzaman Siddiqui Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....the case in accordance with law and it shall be at liberty to consider the submission of the learned advocate Mr. Manzill Murshid as discussed above. Ed. This Case is also Reported in: ...... agencies to initiate criminal proceedings against the offenders. In view of the fact that, in the case at land, the victim herself has lodged the F.I.R. before issuance of the instant Rule and the principle accused, i.e., respondent No. 5, who is the Chairman of the concerned Union Parishad and ......the case in accordance with law and it shall be at liberty to consider the submission of the learned advocate Mr. Manzill Murshid as discussed above. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 8 Nov, 2012 | Hits: 10
Mosharef Hossain (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....o satisfy the Adalat as early as possible then the executing Court will proceed in accordance with law. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 81 ......o satisfy the Adalat as early as possible then the executing Court will proceed in accordance with law. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 81 ......t November 7, 2012 Result: The Rule is made absolute. Upon the satisfaction of the Court a private sale of the mortgaged property to satisfy the decreetal amount can be allowed to the Judgment debtor by the Court. A reasonable time for so doing only to be..Category: Property Law | Date: 7 Nov, 2012 | Hits: 8
The State Vs. Moru Bhuiyan, 2012, 41 CLC (HCD)
....eal No.2408 of 2007 and Jail Appeal No.535 of 2007 are allowed. 29. The office is directed to send down the records at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 42 ......ed absconded from the very beginning of the case, it appears that the learned Sessions Judge has been influenced for the same in awarding the capital sentence against him which is against the decided principle of law." From the conduct of a person for absconding after commission of the off......eal No.2408 of 2007 and Jail Appeal No.535 of 2007 are allowed. 29. The office is directed to send down the records at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 42 ..Category: Criminal Law | Date: 18 Oct, 2012 | Hits: 7
Abdur Razzaque Chowdhury and others Vs. Artha Rin Adalat and others, 2012, 41 CLC (AD)
....n, 2003 (the Ain, 2003), the Artha Rin Adalat, Khulna (hereinafter referred to as the Adalat) by order of the same date (16.02.2006) allowed the judgment-debtors to pay the decretal amount in 4(four) installments, the date of last installment being 25.01.2007, on the condition that in default of pay......interfere with the impugned judgment and order passed in Writ Petition No.5889 of 2008. In view of the above, both leave petitions are dismissed. Ed. This Case is also Reported in: ......into Artha Rin Suit No.43 of 2003 on payment of court fees. The suit was decreed ex-parte on 10.11.2003. Execution Case No.190 of 2004 was levied by the decree-holder-Bank for realization of decretal amount. On an application filed by judgment-debtor No.2 on 16.02.2006 under section 49(1) of the Art..Category: Civil Law | Date: 18 Oct, 2012 | Hits: 159
Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)
....findings, we do not find any excellence in this Rule. In the result, the Rule is discharged. There is no order as to cost. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 415. ......s whether the petitioner filed any application to get the cargo from CPA, so, how the petitioner said that the CPA refused the delivery of his goods. 43. It also appears from the law and guiding principle of Chittagong port authority that depositing the customs duty and other charges to the cus......inst freight along with consideration for wheat, the bank on receipt of full payment released shipping documents including House Bill of Lading. It is submitted that the petitioner having cleared L/C amount inclusive of freight and customs duty, taxes and other charges has complete ownership over th..Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9
Dr. Khandaker Mosharraf Hossain Vs. State, 2012, 41 CLC (HCD)
.... with law. Let the lower Court's record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 1. ......nd not directly upon the question before the Court. All extra-judicial expressions of legal opinion are referred to as obiter dictum or obiter dicta. On the other hand, ratio decidendi means the principle or rule of law on which a Court's decision is founded. 22. It may be noted that t......ial stage may be justified where the facts are so preposterous .that even on admitted facts no case stands against the accused. (2) Where the institution and continuation of the proceeding amount to an abuse of the process of the Court. (3) Where there is a legal bar against the init..Category: Anti-Corruption Laws | Date: 16 Oct, 2012 | Hits: 20
Grameen Solutions Ltd. Vs. Registrar, Joint Stock Com¬panies and Firms, 2012, 41 CLC (HCD)
.... after its name dispensed with. But this order shall not absolve the company of its liability, if any, with anybody. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 186 ...... after its name dispensed with. But this order shall not absolve the company of its liability, if any, with anybody. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 186 ......ume of business of the company as well as the capital adequacy to smoothly run the company the board of directors have found that paid up capital of Taka 3, 16, 80,000 can be reduced and another amount of Taka 4,83,20,000 in the share premium account can also be reduced, which are in excess so ..Category: Company Law, Corporate Law | Date: 15 Oct, 2012 | Hits: 11
Government of Bangladesh and others Vs. Mrs. Mohsina Rahman alias Joya, 2012, 41 CLC (AD)
....ecord with a copy of this judgment and order to the court concerned and another copy of the judgment and order to the Deputy Commissioner, Dhaka immediately. Ed. This Case is also Reported in: ......ord the land with name of opposite party otherwise they are to be stopped from the denying such record of right by recording the R.S. Record in the name of the present defendant-petitioners under the principle of promissory estoppel as provided in the Evidence Act, thus the Rule is liable to be disc......ecord with a copy of this judgment and order to the court concerned and another copy of the judgment and order to the Deputy Commissioner, Dhaka immediately. Ed. This Case is also Reported in: ..Category: Property Law | Date: 15 Oct, 2012 | Hits: 191
Abdul Wadud (Md.) Vs. Heaven Homes Private Ltd and others, 2012, 41 CLC (HCD)
....No. 7) shall stand vacated. Costs will be borne by the parties. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 143 ......No. 7) shall stand vacated. Costs will be borne by the parties. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 143 ......sion in a meeting dated 5-9-2011 that the petitioner has illegally removed Taka 25,18,502 from the company's fund and that he has admittedly refunded Taka 2,53000, while for repayment the balance amount he has issued 4 cheques with commitment to adjust the said amount by 29-9-2011. But none of t..Category: Company Law | Date: 14 Oct, 2012 | Hits: 5
89507886882087798607880787708747882596189391862591089617776488508610940477769398