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Tarique Rahman Vs. Director General, Bureau of Anti-Corruption, 1999, 28 CLC (HCD)
.... of Anti-Corruption because the condition precedent for such delegation is satisfaction of the Government which is incapable of delegation. Ed. This Case is also Reported in: 52 DLR (2000) 518. ...... of detention the material basis of its satisfaction that the detenu is required to be detained, failing which the order of detention is liable to be declared illegal and not sustainable and the same principle is applicable in a case under section 4 of the Anti-Corruption Act. 32. We are afraid t...... of Anti-Corruption because the condition precedent for such delegation is satisfaction of the Government which is incapable of delegation. Ed. This Case is also Reported in: 52 DLR (2000) 518. ..Category: Criminal Law | Date: | Hits: 69
Abdur Rahim Chowdhury Vs. Bangladesh Bank, Dhaka and others, 1997, 26 CLC (HCD)
....n the prayer of the petitioner let the operation of the order be stayed for 4 days to enable the petitioner to move the Appellate Division. Ed. This Case is also Reported in: 51 DLR (1999) 231. ......n the prayer of the petitioner let the operation of the order be stayed for 4 days to enable the petitioner to move the Appellate Division. Ed. This Case is also Reported in: 51 DLR (1999) 231. ......tioner for the various irregularities committed for providing overdraft to Marshall Services Limited, accepting security of immovable property to a value more than market price and enhancing the loan amount illegally. The overdraft facilities was allowed in the year 1994 and as on 30-10-96 the arrea..Category: Employment/Service Law | Date: | Hits: 79
Sayed Nurul Hossain Vs. Secretary, Ministry of Industries, 1998, 27 CLC (HCD)
....yment of the petitioner and accordingly no interference is called for. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 226.......ant” as defined within section 2(d) of the Public Servants (Retirement) Act, 1974 because he is not an employee of any corporation, national enterprise or local authority and further in view of the principle as laid down in the case of Deputy Managing Director and Chairman National Bank of Pakista......yment of the petitioner and accordingly no interference is called for. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 226...Category: Employment/Service Law | Date: | Hits: 117
Ekramul Huq @ Bachchu and another Vs. State, 1999, 28 CLC (HCD)
....ribunal may consider the question of granting bail to the accused persons if such application is made. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) 219. ......ribunal may consider the question of granting bail to the accused persons if such application is made. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) 219. ......urt finds that the trial of a case is without jurisdiction, the proper course is to quash or set aside the conviction. But in both the cases it is also held that such quashing of conviction shall not amount to acquittal. Of course, it is held in the AIR Nagpur case that the appellate Court under suc..Category: Criminal Law | Date: | Hits: 90
Amora Holding Inc. Vs. Bangladesh, 1998, 27 CLC (HCD)
....llowed. The office is directed to return the above certified copies alter furnishing of the Photostat copies of the same by the petitioner. Ed. This Case is also Reported in: 51 DLR (1999) 211. ......fter complying with all the ports and customs formalities. 9. Mr. Ariff, relying on the decision reported in 1956 Appeal Case page 458 further submits that the impugned judgment is also hit by the principle of double jeopardy inasmuch as the master and another officers of the vessel MV ALBA were ......fest dated 21-12-85 there was no mention of 1,50,000 cartons of cigarettes and such manifest could be corrected only in case of some apparent error which was caused due to inadvertence and since huge amount of contraband goods were not declared in the manifest, the same proved smuggling. (c) The ..Category: Admiralty Law or Maritime Law | Date: | Hits: 198
Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)
....rder as to cost. All interlocutory orders, issued earlier, are hereby vacated. Mohammad Anwarul Haque J.- I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 386. ......to buy the gas, will push the country to a situation of economic duress of unbearable proportion. The government, for reasons best known to it, have kept the PSC documents concealed, in breach of the principle of transparency and national interest and, have been consistently failing to address the i......coup the investment and it is only fair that the entrepreneurs should have some incentive to be encouraged to put their money at stakes, which incentive, lies in the recovery of cost, once commercial amount of oil and gas shall have been discovered and developed. This process is now time-tested and ..Category: Constitutional Law | Date: | Hits: 231
Thomarshu alias Majhi Vs. Bangladesh, 1999, 28 CLC (HCD)
.... Rule is liable to be discharged and accordingly, is discharged but without any order as to cost. Let the records of the case be sent down. Ed. This case is also Reported in: 52 DLR (2000) 516. ...... Rule is liable to be discharged and accordingly, is discharged but without any order as to cost. Let the records of the case be sent down. Ed. This case is also Reported in: 52 DLR (2000) 516. ......on shall state the grounds on which the objection to the award is taken. And the second proviso to section 10 of the Ordinance has provided that- ‘Provided that no person who has received the amount otherwise than under protest shall be entitled to make any application under section 28’. ..Category: Property Law | Date: | Hits: 95
Rowshan Ali (Md.) Vs. State, 2000, 29 CLC (HCD)
....his bail bonds immediately to serve out the remaining portion of sentence imposed upon him. Send down the lower Court records immediately. Ed. This case is also Reported in: 52 DLR (2000) 510.......his bail bonds immediately to serve out the remaining portion of sentence imposed upon him. Send down the lower Court records immediately. Ed. This case is also Reported in: 52 DLR (2000) 510.......out the necessity of initiating an independent, time-consuming and cumbersome proceeding. This is why in a case under the Anti-Corruption laws, an accused is sentenced to pay a fine equivalent to the amount of money or the value of the goods misappropriated by him in addition to the substantive sent..Category: Criminal Law | Date: | Hits: 88
Atiqur Rahman (Md.) Vs. Ainunnahar, 1999, 28 CLC (HCD)
....en absolutely without any merit, the same must be discharged. Resultantly, the Rule is discharged. Order of stay stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (2000) 453.......en absolutely without any merit, the same must be discharged. Resultantly, the Rule is discharged. Order of stay stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (2000) 453.......divorce between the spouses did not take place and the plaintiff was entitled to maintenance from the date of institution of the suit and awarded a decree of Taka 41,000.00 as maintenance and also an amount of Taka 30,000.00 in respect of dower. (c) The defendant against the above adjudication, c..Category: Procedural Law | Date: | Hits: 67
Manager, Bangladseh Krishi Bank and others Vs. Al-Haj Md. Nurul Islam & another, 1999, 28 CLC (HCD)
....y set aside and Money Suit No.1 of 1991 of the Court of Subordinate Judge, Munshiganj in dismissed. There shall be no order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 434. ......decree of the trial Court has already been affirmed by this Court in First Appeal No.86 of 1992. 20. Mr. Wahab, the learned Advocate appearing for the plaintiff-respondent however submits that the principle of section 11 of the Code of Civil Procedure will not apply in this case inasmuch as the e......intiff company and decreed on 21-3-1992 against with First Appeal No. 86 of 1992 was preferred by the Bank and the appeal has been allowed by this Court maintaining the decree in respect of principal amount and only modifying the rate of interest from the date of institution of the suit till realisa..Category: Civil Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Aziz Pipes Limited, 2003, 32 CLC (AD)
....eas. Interest accruing on loans to projects located in less developed areas will be calculated and shown separately and will be realized from the borrowers at simple rate of interest in five annual installments after the unit goes into production. This would apply to all future commitments / s......ll realization of the decreetal amount if it is not paid within a period of 90 days from date. The parties are to bear their own costs. Ed. This Case is also Reported in: II ADC (2005) 221. ......ourt, Dhaka in Title Suit No. 1 of 1996 decreeing the suit. 2. The above title suit was filed by Aziz Pipes Ltd., a Public Limited Company for a decree of Tk. 1,44,39,817/- claiming that the said amount was realized by the defendant Bangladesh Shilpa Rin Sangstha (BSRS) in excess while making re..Category: Civil Law | Date: | Hits: 126
State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)
....rected to take steps for disposal of the application in the light of our findings as above. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 82; 28 BLD (AD) (2008) 138; V ADC (2008) 796. ......the case on the facts of the case. But entertaining hypothetical questions raised and allowing them in the fashion as has been done is highly deprecated as the High Court Division ignored the settled principle that "general propositions do not decide concrete cases" as held by Justice Homes of U.S. ......minate grant of bail, however, merely on the request of a person, who appears in Court, and thereby surrenders himself to that Court, without the other conditions for such bail being satisfied, would amount to an act of judicial extravagance which cannot be countenanced." 18. This Court further ..Category: Criminal Law | Date: | Hits: 100
.... is directed to proceed with the execution of Execution Case No.10- of 1986 as usual according to law, communicate this order at once.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 610....... has resulted in serious miscarriage of justice. He also cites the decision in the case of Alhaj Mirza Shamsuddin Beg Vs. Bangladesh and another reported in 41 DLR 356 where it has been held that the principle of constructive res judicata applies here on the defence now taken by the respondent corpo...... is directed to proceed with the execution of Execution Case No.10- of 1986 as usual according to law, communicate this order at once.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 610...
Category: Civil Law | Date: | Hits: 81
Abdul Waresh Vs. Md. Abdul Halim and others, 2001, 30 CLC (HCD)
....t and the order dated 28-8-9 1 passed by the learned Subordinate Judge. Chittagong in Miscellaneous Case No. 493 of 1990 is affirmed. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 608. ......held that when a SCC Suit is dismissed for default provision of Order 9 rule 9 of the Code of Civil Procedure is applicable. Having regard to the provision of section 17 of the SCC Act as well as the principle enunciated in the aforesaid decision I am of opinion that the learned trial Court (SCC Jud......Suits: Provided that an applicator for an order to set aside a decree passed ex parte or for a review of judgment shall, at the time of presenting his application, either deposit in the Court the amount due from him under the decree or in pursuance of the judgment, or give such security for the ..Category: Civil Law | Date: | Hits: 86
Sumikin Bussan Corporation Vs. Chittagong Port Authority and Others, 2001, 30 CLC (HCD)
.... declared accepting the decision No.8823 dated 13-9-2000 of the Chittagong Port Authority as contained in Annexure-B to the petition. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 599. ......igation under a contract between government and a private party, proper remedy lies in a civil suit and not in a writ petition under the extraordinary jurisdiction given by the Constitution. But this principle will not apply when the government violates the terms with a mala fide intention or acts a...... any clarification made by the respondent No.1. It is a suo motu letter issued by the respondent No.8, as such rectification, clarification and replacement sought for by this letter, if allowed, will amount to utter violation of Clause 33.2, 33.1, 26.3, 29.1. 17. Dr. Rafiqur Rahman, the learned C..Category: Others | Date: | Hits: 153
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
.... with observations made above. Let a copy of this judgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261.......ars now. 8. The learned Counsel for the respondent No.1 counters this contention and submits that since the disqualification under consideration is a continuing disability occurring every day, the principle of estoppel and waiver has no application in the instant case. 9. We are inclined to ag...... shall operate only from the date when the conviction reached finality by the pronouncement of the last Court these contentions have become academic. 11. The point next argued by Mr. Nabi is of paramount importance. It is argued in the alternative that the disqualification as contemplated under A..Category: Constitutional Law | Date: | Hits: 202
Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)
....Rule is discharged. No order as to Costs. Order of stay granted at the time of issue of the Rule is re-called and vacated. Communicate. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 563.......to be the consideration for transfer of land. In such circumstances, it was held that pre-emptee is not estopped from proving the acted value of the land transferred by the deed of Heba-bil-Ewaz. The principles decided in the peculiar facts and circumstances of that case have no manner of applicatio......t to hear and decide on the valuation of the proceeding even for the purpose of pecuniary jurisdiction by the impugned order, It was also held that whatever might be the actual price of the land, the amount stated in the deed of sale as consideration shall have to be taken as the valuation of the pr..Category: Property Law | Date: | Hits: 68
Abu Sayed Vs. State, 2001, 30 CLC (HCD)
....he time the Sessions Judge at Pabna Send down the records of the case at once if he is not wanted in connection with any other case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 559. ...... confessions of a co-accused one cannot be convicted but in the next breath, he held the appellant guilty for the supposed silence of the appellant over the murder of his father. 13. Regarding the principles for use of a confession, the law is now well settled. Under section 30 confession of a co......hey would get Taka 12,000 Tara Mia stated Majid told him that he would get Taka 1,000 while Farid Ali stated that the appellant told that his father got Taka 60,000 by sale of the land and out of the amount he would pay them Taka 12,000. It appears from the confessions that three confessing accused ..Category: Criminal Law | Date: | Hits: 41
.... further directed that the petitioner should not be evicted without observing the provisions of law. There will be no order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 540....... further directed that the petitioner should not be evicted without observing the provisions of law. There will be no order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 540.......and distressed families in the place of original abode. Under the scheme, the Krishi Bank provides for transportation of these families to their respective place of residence and offer them loan, the amount of which varied depending on their need and the occupation they want to adopt.”
12. The ..
Category: Property Law | Date: | Hits: 97
Abdur Razzaque Mollah Vs. Md. Qayum Mollah & others, 2001, 30 CLC (HCD)
....s of the case, we direct the parties to bear their respective costs all through. Send down the lower Court’s Record immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 535. ......sending the case on remand to the trial Court. Both oral and documentary evidence having been available on record there was no necessity for the remand as ordered by the High Court Division. i.e. the principle laid down in a case of remanding the appeal or revision, etc.” 10. Mr. KZ Zaman, the ...... House Building Finance Corporation defendant No.3 against loan of Taka 2,00,000 for construction of residential house in the suit land and the said defendant No.3 having obtained decree for the said amount in Artha Rin Suit No.5 of 1991 against the defendant No.1, the instant suit for specific perf..Category: Civil Law | Date: | Hits: 71
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