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ADC (Rev.), Moulavi Bazar & ors Vs. Pirpur Fishermen's Co-operative Society Ltd., 2008, 37 CLC (AD)
....t years. In view of the above, we find no substance in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 451. ......t years. In view of the above, we find no substance in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 451. ......ssion and was given lease of the disputed fishery for 3 years from 1393 to 1395 B.S. on 15% enhanced rent over the rent of TK. 3,04,000.00. The respondent requested the appellant to adjust the amount already paid for 1392 B.S. against the rent due for the year 1393 to 1395 B.S. but refusal ..Category: Civil Law | Date: | Hits: 101
Khurshida Begum and another Vs. Golam Mostafa and others, 2001, 30 CLC (AD)
.... principle 'here the other side' the same is not sustainable in law. In view of the discussions made herein above the appeal is allowed. Ed. This Case is also Reported in: II ADC (2005) 888.......rder of the High Court Division granting full relief's sought for in the revisional application in a summary manner without issuing any Rule upon the appellants or upon the State which is against the principle of natural justice. 5. Respondent Nos. 1's father died on 26th January, 1995. An applic...... principle 'here the other side' the same is not sustainable in law. In view of the discussions made herein above the appeal is allowed. Ed. This Case is also Reported in: II ADC (2005) 888...Category: Criminal Law | Date: | Hits: 37
Miss Shaheda Khaturi Vs. Administrative Appellate Tribunal, Dhaka and others, 1998, 27 CLC (AD)
....departs temporarily for any reason so that he remains a party to the deliberations and, therefore, competent to sign the judgment. Ed. This Case is also Reported in: II ADC (2005) 850. ......utes of judicial function and are requirements for disposal of an appeal. Since the legislature has expressed the two functions separately in section 6, it will be in consonance with the principle of interpretation of law that this separation should be kept in view while construing the......departs temporarily for any reason so that he remains a party to the deliberations and, therefore, competent to sign the judgment. Ed. This Case is also Reported in: II ADC (2005) 850. ..Category: Administrative Law | Date: | Hits: 110
Md. Shahjahan Vs. Azizur Rahman and others, 2004, 33 CLC (AD)
.... proceeding of G. R. Case No. 3997/84 corresponding to Motijheel RS. Case No. 84(9) 84 so far present appellant is concerned. Ed. This Case is also Reported in: II ADC (2005) 801. ......Court Division in Criminal Revision No. 17 of 1987) Judgment MM Ruhul Amin J.- In Criminal Appeal No. 17 of 1996 was granted to consider the submission that in derogation of all principles of quashing the High Court Division has taken into account the defence case and ordered ......is regard. 2. It appears that the High Court Division found that the instant case was filed to put pressure on the Managing Director and hence the further promulgation of the case will amount to an abuse of the process of the Court. 3. We have already noticed that the Managing..Category: Criminal Law | Date: | Hits: 38
Munshi Md. Rashed Kamal Vs. Abdus Salam and another, 2005, 34 CLC (AD)
.... The appeal is, therefore, allowed. The impugned judgment and order dated 10.3.2002 of the High Court Division is set aside. Ed. This Case is also Reported in: II ADC (2005) 798. ...... The appeal is, therefore, allowed. The impugned judgment and order dated 10.3.2002 of the High Court Division is set aside. Ed. This Case is also Reported in: II ADC (2005) 798. ...... 138. Dishonour of cheque for insufficiency, etc. of funds in the account. – (1) Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account is returned by the bank unpaid, either ..Category: Criminal Law | Date: | Hits: 42
Bangladesh Biman Corporation and others Vs. Md. Jusimuddin, 2001, 30 CLC (AD)
.... the High court Division. In view of the discussion made herein above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 732. ......s to the case of Bangladesh Parjatan Corporation Vs. Mofizur Rahman reported in 46 DLR (AD) 46. Facts of the said case are somewhat different from the facts of the instant one and as such the principle of estoppel that was considered in the reported case not fully applicable to the instant ...... the High court Division. In view of the discussion made herein above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 732. ..Category: Employment/Service Law | Date: | Hits: 95
Md. Mirzajul Sheikh Vs. State, 2009, 38 CLC (AD)
....the appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the Jail petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 442. ......the appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the Jail petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 442. ......ned-petitioner Mirajul Sheikh before 21 days of the date of occurrence and accordingly Kabinama was registered on payment of Tk. 20,000/- in cash as dowry along with other gold ornaments. But such amount of dowry did not satisfy the condemned petitioner and he again demanded further Tk.1,00..Category: Criminal Law | Date: | Hits: 86
Samarendra Nath Das (Nalu) and others Vs. Md. Atique and others, 2007, 36 CLC (AD)
....of the above, we find no reason to differ with the High Court Division. Accordingly, the petition is dismissed without costs. Ed. This Case is also Reported in: VI ADC (2009) 436. ......of the above, we find no reason to differ with the High Court Division. Accordingly, the petition is dismissed without costs. Ed. This Case is also Reported in: VI ADC (2009) 436. ......, inter alia, that his father died during his service period leaving behind the complainant, his brother, sister and mother as heirs. The heirs of Abdul Gafur Mollah withdrew the pension and other amount and all the members of the family gave the said amount to the complainant for the purpo..Category: Criminal Law | Date: | Hits: 41
Zahid Vs. Tanzir Hossain Mallick and another, 2007, 36 CLC (AD)
.... point out any infirmity of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 434. ...... point out any infirmity of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 434. ......ility to send the complainant's brother to Italy and thereupon complainant asked for return of the money received and that accused persons named in the petition of complaint issued cheque for amount of Tk. 3,00,000/- on August 3, 2002, that the complainant presented the cheque on August 4, ..Category: Criminal Law | Date: | Hits: 56
Jamil Ahmed Khan Vs. Md. Delwar Hossain and another, 2009, 38 CLC (AD)
....opolitan Magistrate, Dhaka to the satisfaction of the Chief Metropolitan Magistrate, Dhaka till disposal of the appeal. Ed. This Case is also Reported in: VI ADC (2009) 429. ......opolitan Magistrate, Dhaka to the satisfaction of the Chief Metropolitan Magistrate, Dhaka till disposal of the appeal. Ed. This Case is also Reported in: VI ADC (2009) 429. ......e of the petitioner when the revisional case was heard before the High Court Division nor this was known to the Advocate-on-Record when the leave petition was filed on 23.02.2009. The entire cheque amount of Tk. 6,30,000/- (six lac thirty thousand) only was paid and received by the complaint on ..Category: Criminal Law | Date: | Hits: 50
Dhaka Bank Limited Vs. Monir Hossain and others, 2008, 37 CLC (AD)
....Court as security against the decree that may be passed till final decision of the suit." Accordingly, the appeal is disposed of. Ed. This Case is also Reported in: VI ADC (2009) 402. ......Court as security against the decree that may be passed till final decision of the suit." Accordingly, the appeal is disposed of. Ed. This Case is also Reported in: VI ADC (2009) 402. ......aintiff is decreed the same is executed as except the two buses sought to be attached the defendants have no other properties; that the plaintiff bank had the other legal remedies to recover the loan amount allegedly given to the defendant Nos.1 and 2 against the letter of credit for importing the..Category: Business or Commercial Law | Date: | Hits: 142
Monowara Begum and others Vs. M.A. Siddique and other, 2008, 37 CLC (AD)
....ot rehearing of the matter. There is no cogent ground for review of the impugned judgment. The review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 387. ......ot rehearing of the matter. There is no cogent ground for review of the impugned judgment. The review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 387. ......ation of Tk. 60,000/- and a sum of Tk.5,000/- was paid by the plaintiffs as earnest money and subsequently Tk. 44,060/- was paid out of balance consideration money and after receiving the said amount, the son of the defendant No. 12 on her behalf signed the written agreement and therea..Category: Property Law | Date: | Hits: 27
City Bank Limited Vs. M/s. Oscar Fashionwear Ltd. and others, 2008, 37 CLC (AD)
.... no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 366. ...... no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 366. ......spondent Nos. 1-3 on the averments that the plaintiff bank, during the period from 24.1.1984 up to 29.9.1985, opened 48 import L/Cs on behalf of the defendant respondent No.1 for a total amount of US$ 8,96,459.95 for import of fabrics and accessories from abroad and also opened 21 exp..Category: Civil Law | Date: | Hits: 106
Md. Abdul Motaleb Sarker and others Vs. Md. Laskar Ali and others, 2008, 37 CLC (AD)
....y held that the suit as framed is not maintainable. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 361. ......y held that the suit as framed is not maintainable. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 361. ......w site at Custobai Mouza runs counter to the interest of the people of the Union Parishad concerned. Over and above the purported shifting of the office of the Union Parishad will require huge amount of money from the public exchequer. The present office of the Union Parishad at Amanta Mouz..Category: Property Law | Date: | Hits: 32
Md. Nurul Islam Sarker Vs. Deputy Commissioner, Gazipur and others, 2002, 31 CLC (AD)
....ed without lawful authority and is of no legal effect. The Respondents are to pay Tk. 10,000/- (Ten thousand) as cost of this appeal. Ed. This Case is also Reported in: II ADC (2005) 643. ......ed without lawful authority and is of no legal effect. The Respondents are to pay Tk. 10,000/- (Ten thousand) as cost of this appeal. Ed. This Case is also Reported in: II ADC (2005) 643. ......t of loan of Bangladesh Shilpa Bank as well as on payment of all other charges and that also on payment of Tk.15,000/- per month to him. Although the appellant exhibited film but did not pay off loan amount of the Bangladesh Shilpa Bank and also of the other credits. The appellant having had violate..Category: Civil Law | Date: | Hits: 128
Sonali Bank Vs. Quaderia Publications and Products Limited and others, 2002, 31 CLC (AD)
.... outstanding of Tk. 2,16,55,000.00 of which Tk. 1,57,77,308.00 was principal and Tk. 58,77,692.00 was interest with a condition that the loan should be repaid in five years in two equal-half yearly installments. Against the loan securities were given by mortgaged land and building, hypothecation ......gality in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 148. ......iver upon deposit of 10% of the outstanding. 4. The respondent company filed necessary application for waiver and deposited more than 10% of the outstanding dues. It paid the interest amount before making the claim but the management credit committee of the Bank refused to allow the..Category: Banking Law | Date: | Hits: 100
Humayun Hossain Khan Vs. Bangladesh, 2009, 38 CLC (AD)
....e. Thus we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 92. ......e. Thus we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 92. ......ongst others, that he has in the meantime paid Taka 3.50 lac and that as per section 47 of the Artha Rin Adalat Ain, 2003. The bank is barred from filing any suit for recovery of its principal loan amount plus more than 200 percent thereon as accrued interest but in the instant case the principal..Category: Civil Law | Date: | Hits: 104
Md. Ali Bepary and ors. Vs. Garupranjan Chakraborty and others, 2009, 38 CLC (AD)
.... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 97. ...... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 97. ......idence as well in support of plaintiff's claim. To enable a plaintiff to acquire title by adverse possession, his possession must be of actual, open, notorious and hostile character as to amount to ouster of exclusion of the real owner. The plaintiff has utterly failed to prove his tit..Category: Property Law | Date: | Hits: 22
Md. Abdul Awal Vs. Md. Abdul Barek, 2007, 36 CLC (AD)
....e-on-Record for the petitioner merits no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 81; VI ADC (2009) 444. ......e-on-Record for the petitioner merits no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 81; VI ADC (2009) 444. ......has Mohal Baluchar High School from Sonali Bank of Baluchar Branch; that the accused withdrew the money but he did not hand over that money to the Managing Committee, rather misappropriated the whole amount of money; that the accused has not returned that money despite calls and reminders; thus th..Category: Criminal Law | Date: | Hits: 65
M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)
....ifests the correct exposition of law and fact on the subject. This appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 593. ......tutional principle that treaties cannot affect rights and duties of persons in the United Kingdom unless their provisions have been incorporated into domestic law by legislation. That fundamental principle was illustrated in the G.C.H.Q. Case (Council of Civil Service Unions V. Minister for th...... However, an order based on an erroneous assumption of material fact, or without adverting to a provision of law, or a departure from an undisputed construction of the law land the Constitution may amount to an error apparent on the face of the record. At the same time if the judgment under review..Category: Intellectual Property Law | Date: | Hits: 233
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