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Let a copy of this order be communicated to the Superintendent of Dhaka Central jail for compliance.
Syed Fazle Ahmed J. - I agree.
Ed.
This Case is also Reported in: 40 DLR (1988) 193.......
Let a copy of this order be communicated to the Superintendent of Dhaka Central jail for compliance.
Syed Fazle Ahmed J. - I agree.
Ed.
This Case is also Reported in: 40 DLR (1988) 193.......rospective effect.
3. On behalf of the State an affidavit-in-opposition was submitted stating that the petitioner's husband committed prejudicial act having intentionally failed to re-pay a huge amount of loan affecting the financial interest not only of the Shilpa Bank but also of the State an..
Category: Banking Law | Date: | Hits: 151
State Vs. MA Monir & Others, 1987, 16 CLC (HCD)
....ouble. In that view of the matter, we condone the non-appearance of contemner Nos. 2 and 4. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 183.......ouble. In that view of the matter, we condone the non-appearance of contemner Nos. 2 and 4. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 183.......as the accredited agents of the Judges of Bangladesh in prosecuting their dishonest pursuits. The learned Additional Attorney General submits that this is gross contempt of Court and he finds that no amount of interpretation is available to detract from the plain meaning of the words employed in the..Category: Criminal Law | Date: | Hits: 35
Ezahar Sepai Vs. The State, 1987, 16 CLC (HCD)
....e result, the appeal is dismissed. The appellant is directed to surrender to the bail bond to serve out the remainder of the sentence. Ed. This Case is also Reported in: 40 DLR (1988) 177. ......e result, the appeal is dismissed. The appellant is directed to surrender to the bail bond to serve out the remainder of the sentence. Ed. This Case is also Reported in: 40 DLR (1988) 177. ...... say (1) if the medical officer who made the report is dead (2) or he is incapable of giving evidence (3) or if he is beyond the limits of Bangladesh and his attendance cannot be procured without any amount of delay, expense or inconvenience which under the circumstances of the case, would be unre..Category: Criminal Law | Date: | Hits: 93
Harun-or-Rashid Talukder Vs. District Manager, Pubali Bank, Jamalpur, 1988, 17 CLC (HCD)
....ver to reduce the sentence. In the result the appeal is dismissed but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 170. ......ver to reduce the sentence. In the result the appeal is dismissed but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 170. ...... complainant and the appellant differs. The complainant contends that during the pendency of Money Execution Case No. 4 of 1982 in which the petitioner bank prayed for realisation of the decretal amount by sale of the attached property, namely, plot No. 1489 of mouza Chandra comprising an area o..Category: Others | Date: | Hits: 72
....d any failure of justice. We find no merit in the contention of the learned Advocate-on-Record. The petition is, therefore, dismissed.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 421.
......d any failure of justice. We find no merit in the contention of the learned Advocate-on-Record. The petition is, therefore, dismissed.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 421.
......ance of contract in respect of the suit land, contending inter alia that the defendant entered into a contract for sale of the suit land at a consideration of Tk.75,000/- and on receipt of an advance amount of Tk.50,000/- executed a deed of contract on 11th December, 1996 on condition that the defen..
Category: Procedural Law | Date: | Hits: 68
Banesa Bibi Vs. The Senior Vice-President and others, 2009, 38 CLC (AD)
....oan facility from Al Arafah Islami Bank Ltd. securing the said loan mortgaging the property described hereinabove being owner thereof as far back in December, 2002 but she failed to make repayment of installments in terms of the loan and as per section 12 of the Artha Rin Adalat Ain, 2003. The bank ......iullah Siddique and about the subsequent sale by said Jabiullah Siddique inasmuch as the petitioner is in possession of the said property. The petitioner filed the writ petition alleging violation of principle of natural justice and alleging that the auction sale by the bank is in fact an arbitrary,......07 registered with Gulshan Sub-Registration Office. The petitioner being a lady had no knowledge about auction process i.e. the alleged demands made by the bank for adjustment of the outstanding loan amount, the publication of notice under Section 12 of the Artha Rin Adalat Ain. 2003 for sale of the..Category: Civil Law | Date: | Hits: 81
Azimul Kabir (Md) Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....officials to take proper and adequate care and caution to ascertain that there are materials justifying the passing of an order of detention. Ed. This Case is also Reported in: 54 DLR (2002) 189.......le on record. In this respect we may refer to 27 DLR 122, Aruna Sen Vs. Government of Bangladesh and others wherein his Lordship DC Bhattacharya, J, observed as follows: 19. Under the well settled principle of law endorsed by a long line of judicial authorities, any person charged with the author......officials to take proper and adequate care and caution to ascertain that there are materials justifying the passing of an order of detention. Ed. This Case is also Reported in: 54 DLR (2002) 189...Category: Criminal Law | Date: | Hits: 45
SM Nasirul Haque Vs. Omar Faruque Chowdhury and others, 2001, 30 CLC (HCD)
....are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ......-sharer in the tenancy, the right of preemption did not accrue in their favour and, as such, their application for preemption must fail." Whereas, Mr. Shahabuddin Ahmed, J finds- “The principle of law on this subject is that where an under-raiyati is created by a raiyat, the latter i......are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ..Category: Property Law | Date: | Hits: 39
State Vs. Kabel Molla and others, 2002, 31 CLC (HCD)
....f this judgment be forwarded to the learned Additional. Sessions Judge, First Court, Tangail for taking necessary action according to law. Ed. This Case is also Reported in: 55 DLR (2003) 108. ......u Sikder only at the time of trial which raises serious doubt as to the actual manner of the alleged occurrence and if the condemned appellants were at all involved in assaulting Shamsu. 25. It is principle of law that when a dying declaration of the victim is stated by the witnesses and the decl......f this judgment be forwarded to the learned Additional. Sessions Judge, First Court, Tangail for taking necessary action according to law. Ed. This Case is also Reported in: 55 DLR (2003) 108. ..Category: Criminal Law | Date: | Hits: 36
....mulated in both the reference applications are answered in the negative and in favour of the assessee.
There will be no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 168.......oor and the purposes of the association included the advancement of other purposes of general public utility, the income of the association was exempt under section 4(3)(i) of the Act. Relying on the principle as expounded in the cited cases it is contended that the Taxes Appellate Tribunal in the f......bay, the assessee the All India Spinners Association was formed as an unregistered association for development of hand spinning and hand weaving for relief of poverty, when there was a surplus in the amount realised by the sale of cloth such surplus was utilised in the same manner as other funds of ..
Category: Fiscal/Taxation Law | Date: | Hits: 65
.... and order of the trial Court are affirmed. We direct that the parties will bear their own costs.
Send down the LCR, if any, immediately.
Ed.
This Case is also Reported in: 54 DLR (2002) 161.......not furnish Bank Guarantee or security as required under the provision of law under section 33 of the Arbitration Act is a nullity in the eye of law. Lastly, Mr. MA Samad submits that it is a settled principle of law that an application under section 33 of the Arbitration Act rendered the said writt......jdhani Unnayan Kartripakkha was unwilling to submit to the jurisdiction of opposite party No.2.
3. The plaintiff-opposite party No.1 raised a dispute before the defendant-petitioner by claiming an amount of Taka 4,68,11,000 but the defendant- petitioner did not give any attention to the claim mad..
Category: Alternative Dispute Resolution | Date: | Hits: 196
Barrister Ziaur Rahman Khan Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....l call such meetings to meet the contingencies and the meetings thus called will take decisions as per clause (4) of Annexure ‘C’. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 164. ......o the members of public so as to saddle them with knowledge. At best they may be guideline for the use of the officers of the department, without prescribing any sanction against the violation of the principles contained therein so far as the members of the public are concerned. 12. Exceptions to......l call such meetings to meet the contingencies and the meetings thus called will take decisions as per clause (4) of Annexure ‘C’. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 164. ..Category: Administrative Law | Date: | Hits: 462
Ahsan Karim Jinnah Vs. Meghna Insurance Company Limited & others, 1999, 28 CLC (HCD)
.... by rectifying its register of members. In view of the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 160. ...... by rectifying its register of members. In view of the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 160. ......of shares (Form 117) showing transfer of the said 10,000 shares of the petitioner contained the signature of the petitioner as the transferor and the respondent Nos. 2 to 7 as the transferees and the amount of consideration money is also mentioned therein. Petitioner denies the transfer of the afore..Category: Company Law | Date: | Hits: 203
Alamgir (Md) Vs. Habea Begum, 1999, 28 CLC (HCD)
....he impugned order dated 29-6-98 passed by the learned District Judge, Cox’s Bazar in Miscellaneous Appeal No.6 of 1998 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 157. ......he impugned order dated 29-6-98 passed by the learned District Judge, Cox’s Bazar in Miscellaneous Appeal No.6 of 1998 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 157. ...... Assistant Judge and Family Court, Kutubdia, Cox’s Bazar being Family Court Suit No. 3 of 1984, claiming dower and maintenance and ultimately obtained a decree therein on contest on 28-11-94 for an amount of Taka 10000.00 as dower and Taka 11,800.00 as maintenance. Subsequently, on the prayer of t..Category: Family Law | Date: | Hits: 155
M Tariqullah Sikder Vs. Sonali Bank, 2005, 34 CLC (HCD)
....-4-2002 and 25-4-2002 passed by the court below are affirmed. Civil Rule No. 705(F)/2003 be accordingly, discharged. Copy be sent down. Ed. This Case is also Reported in: 59 DLR (2007) 695. ......-4-2002 and 25-4-2002 passed by the court below are affirmed. Civil Rule No. 705(F)/2003 be accordingly, discharged. Copy be sent down. Ed. This Case is also Reported in: 59 DLR (2007) 695. ...... but subsequently through amendment provision was inserted for such relief under Order IX, rule 13, Code of Civil Procedure to set aside ex parte judgment and decree on deposit of 50% of decretal amount. He submits that in the face of above provision and scope under Artha Rin Adalat Act itself s..Category: Civil Law | Date: | Hits: 92
....and are of no legal effect.
The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 59 DLR (2007) 690.......and are of no legal effect.
The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 59 DLR (2007) 690....... regularly but surprisingly, the respondent No. 2 issued bills dated 30-7-1996 and 1-8-1996 directing the petitioner for making payment of the supplementary electricity bills by way of penalty for an amount of Taka 12,19,191 which was done in violation of section 26(6) of the Electricity Act, 1910 a..
Category: Others | Date: | Hits: 131
Abdur Rahman Vs. State, represented by Deputy Commissioner, 2006, 35 CLC (HCD)
....nding before the Metropolitan Magistrate, Chittagong, is hereby quashed. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 683. ......lainant opposite party No. 2 claiming the Bainapatra as false is barred under the provision of section 195(lXc) of the Code of Criminal Procedure. Mr. Zindigir while confronted with the established principle of law that no defence materials could be considered at the stage of proceeding under sect......nding before the Metropolitan Magistrate, Chittagong, is hereby quashed. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 683. ..Category: Criminal Law | Date: | Hits: 43
State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)
....absconding accused Ali Hasib Bin Jamal @ Hasib, Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ......ion in the case of Srimanta Manna and another vs. State, AIR 1960 (Cal) 519." 51. In the case of Zilu Miah and others vs. State, 1988 BLD 418 a Division Bench of this Court taking into account the principle of law enunciated in the cases of Moni Mohan Ghose vs. King Emperor 35 CWN 623 and Ghulam ......s office in Bhuiyan Mansion has not been corroborated. Therefore, commission of an offence of criminal conspiracy has not been proved. 68. A statement that contains self-exculpatory matter cannot amount to confession, if the exculpatory statement is of some facts which if proved would negative t..Category: Criminal Law | Date: | Hits: 40
AKM Iftekhar Ahmed and another Vs. State, 2007, 36 CLC (HCD)
....de Court. If this position be continued, I am afraid a day will come when practically, there will be no legal system in Bangladesh. Ed. This Case is also Reported in: 59 DLR (2007) 646. ......hat the Rule in Criminal Miscellaneous Case No. 9954 of 2006 cannot be heard on merit and it should be discharged on the ground that the accused petitioners are fugitive from justice. It is a settled principle of law that fugitive from justice cannot claim any protection of law. To substantiate the ......iderable latitude from the Court, in the exercise of their professional duties. Whereas they should boldly and fearlessly advocate the cause of their clients, they should remember that it is their paramount duty to maintain the dignity and integrity of the Court itself. It has, therefore, been the t..Category: Criminal Law | Date: | Hits: 97
Executive Engineer, Roads and Highways Vs. Naderuzzaman and others, 2007, 36 CLC (HCD)
....t the time of the issuance of the Rule and extended subsequently is vacated. Send down the lower court records. Ed. This Case is also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ......cation of law would be a ground for review of an order by the court. Our Appellate Division in 52 DLR (AD) 160 had taken a view that "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". "On considera......t the time of the issuance of the Rule and extended subsequently is vacated. Send down the lower court records. Ed. This Case is also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ..Category: Procedural Law | Date: | Hits: 75
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