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Faridul Alam Vs. State and another, 2007, 36 CLC (AD)
....made above, we do not find any grounds to interfere. The criminal petition is, therefore, dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 93; 16 BLT (AD) 51; 13 BLC (AD) 61. ......made above, we do not find any grounds to interfere. The criminal petition is, therefore, dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 93; 16 BLT (AD) 51; 13 BLC (AD) 61. ......nsaction between him and the accused petitioner and that on 4-9-2003 the petitioner handed over a cheque being cheque No.0080237 dated 5-9-2003 drawn on Jamuna Bank, Agrabad Branch, Chittagong for an amount of Taka 7,00,000 (seven lakh) in favour of the complainant and that on 15-9-2003 the complain..Category: Criminal Law | Date: | Hits: 138
Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)
....ich the question is raised can be properly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ......ich the question is raised can be properly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ......ka, against the respondent No.1 and another alleging her committing an offence under sections 385/109 of the Bangladesh Penal Code. The allegation as set out in the FIR on the face of it does not amount to an offence under section 385 of the Penal Code, not to speak of section 109 thereof. ..Category: Civil Law | Date: | Hits: 254
A. B. M. Shamsuddin Vs. Mahmuda Selina and others, 2006, 35 CLC (AD)
....ngs and decisions as arrived at by the High Court Division. In the aforesaid premises, we find no merit in this petition. Accordingly, it is dismissed. Ed. ......ngs and decisions as arrived at by the High Court Division. In the aforesaid premises, we find no merit in this petition. Accordingly, it is dismissed. Ed. ......t. 3. Denying the plaint case the defendant filed written statement but admitted the agreement and expressed her willingness to execute and register the sale deed on receipt of the balance amount of consideration; that thereafter on 17-11-1997 the plaintiff and the said defendant, furthe..Category: Property Law | Date: | Hits: 41
Loyal Shipping Ltd. Vs. Castrol UK Ltd. and others, 2006, 35 CLC (AD)
.... of Money Suit No. 21 of 1993 by the plaintiff. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ......t case the defendant No. 2 in Money Suit No. 21 of 1993 along with written statement also filed a counter-claim and paid requisite Court fees on the amount claimed. Accordingly, in view of the principle as laid down in the above case, there could be no legal objection to the Court treat...... 2. Brief facts are that the respondent, as plaintiff, filed the above money suit claiming decree for Taka 14,19,656, equivalent to US$ 29,140 at then rate, on the averments that the said amount is due from the defendant No. 2 appellant on account of supply of lubricant to their vessel,..Category: Civil Law | Date: | Hits: 111
Chittagong Dock Sramik Parichalana Board and others Vs. Shamsul Haque and others, 2007, 36 CLC (AD)
.... sustainable and accordingly, the same is liable to be set aside. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 68. ...... sustainable and accordingly, the same is liable to be set aside. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 68. ......ndents Judgment May 23, 2007. The Acquisition and Requisition of Immovable Property Ordinance, 1980 (II of 1982), Section 7(3) Since the requiring body paid the full amount of compensation and the concerned authority repeatedly rejected the prayer of respondent No...Category: Labour and Industrial Law | Date: | Hits: 83
Ashraf and others Vs. Md. Zahangir Alam & others , 2008, 37 CLC (AD)
....ve the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 66; V ADC (2008) 189; 14 MLR (AD) (2009) 86. ...... of Taka 18,500 per metric ton for MS Rod and MS Flat Bar and further, to accept the bid offer of the writ petitioner for item No. 7 and whether the writ petition was maintainable being hit by the principle of estoppel and for suppression of the material fact that the writ petitioner paid for th......ve the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 66; V ADC (2008) 189; 14 MLR (AD) (2009) 86. ..Category: Others | Date: | Hits: 88
Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)
....fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ......interpret law in the light of manifest intention of the legislature." Solicitor, Government of Bangladesh vs. Syed Sanwar Ali 27 DLR (AD) 16. 45. In series of cases this Court laid down a general principle that in appeals involving short sentences the High Court Division should dispose of the ap......known source of income. The respondents is beneficiary of the wealth of his father acquired through improper means and just after the arrest of his father Mir Md. Nasiruddin, he transferred total amount of Taka 5,64,62,947 from Joint Accounts of himself and his father to the accounts of his wife..Category: Anti-Corruption Laws | Date: | Hits: 219
Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)
....gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ......gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ......gladesh reported in 21 BLD 352. In that case it was held: “that call for hartal per se is not illegal but where any call for hartal is accompanied by threat it would amount to intimidation and the caller for hartal or strike would be liable under the ordinary law ..Category: Criminal Law | Date: | Hits: 79
State Vs. Md. Kamaluddin @ Pichi Kamal and ors., 2005, 34 CLC (AD)
....or calling for our interference. In the aforesaid premises we do not find any substance in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. ......or calling for our interference. In the aforesaid premises we do not find any substance in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. ......e work and since he did not get the work he got angry and threatened the complainant with dire consequence and demanded Tk.100,000/-(one lac) from him as toll and the complainant refused to pay the amount and as such on 21.07.2001 i.e. the day of occurrence while he was riding on his motor bike ..Category: Criminal Law | Date: | Hits: 71
Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
.... 61. In view of the above, we do not find any substance in the submissions of the learned Counsel for the appellants. The appeals are dismissed without any order as to costs. Ed. ......l of the Court in support of the fixation of the tariff value, possibly the appellant would have no grievance in the rule. 20. Dr. Kamal Hossain has relied on the decision and the principle of law enunciated in the case of Mustafa Kamal Vs. The Commissioner of Customs reported i......resumed to have been regularly done but no presumption could be raised that an act was done of which there is no evidence. 29. It appears from the file that the Committee has recommended the amount of value to be fixed by the Government and that Government on the basis of recommendation an..Category: Fiscal/Taxation Law | Date: | Hits: 107
Khan Md. Firoj Kabir Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....nbsp; Accordingly, the appeal is dismissed without any order as to cost. Ed. ......1 of the Code of Civil Procedure is directory and not mandatory. 3. Leave was granted on the submissions that the above judgment and order of the High Court Division passed relying upon the principle of law laid down in the case reported in 47 DLR 326 conflicts with the principles as laid......nbsp; Accordingly, the appeal is dismissed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 120
Arif A. Shekha and others Vs. Secretary, Ministry of Industries and another, 2007, 36 CLC (AD)
....do not find any reason to interfere with the impugned judgment and hence the three appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 91. ......t prejudicial to the interest of Bangladesh. The second is the property which is in possession or under the control of the Government under any law in force for the time being". 36. "Thus from the principle laid down in the case cited above, it is found that the construction of Article 2 (1) is e......do not find any reason to interfere with the impugned judgment and hence the three appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 91. ..Category: Business or Commercial Law | Date: | Hits: 114
Kadam Rosul Silicate Works and others Vs. Sonali Bank, 1990, 19 CLC (AD)
....is set aside. The Money Execution case be struck off and the attachment of the appellants' property shall be deemed to be withdrawn. Ed. This case is also reported in: 42 DLR (AD) (1990) 294.......ebruary 26, 1990. Result: The appeal is allowed with cost. The Code of Civil Procedure, 1908 (V of 1908), section 34(1) & (2) Admission of the appellant was limited upto the extent of principle amount. There is no indication in the decree that the respondent is entitled to any furthe......, 1990. Result: The appeal is allowed with cost. The Code of Civil Procedure, 1908 (V of 1908), section 34(1) & (2) Admission of the appellant was limited upto the extent of principle amount. There is no indication in the decree that the respondent is entitled to any further interest..Category: Banking Law | Date: | Hits: 134
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
....ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ......but merely an agreement to enter into a contract and the High Court Division, on misreading and misconstruing the correspondences vide Annexures A, A(1), D, D(1), E and E(1) and misconstruing the principles laid down in Currimbby & Co. Ltd Vs. LA Greet and other, AIR 1933 PC 89, Collipara S......% per day for delay and in the above letter there was no mention of delivery by air; the respondent No.1 in order to meet the above demand of the respondent No.3 by letter dated 30-7-96 reduced the amount of offer to Taka 16,04,72,000, the estimated cost, and agreed to bring the generators within ..Category: Others | Date: | Hits: 100
Ali Hussain Faraji & others Vs. Abdul Ali Pradhania @ Abul and another, 2007, 36 CLC (AD)
....The learned Counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......bove finding decreed the suit and the High Court Division, in a misconceived way, discharged the Rule. 6. As it appears the High Court Division discharged the Rule holding that it is settled principle of law that no injunction should generally be granted against co-owners as all co-owners......The learned Counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Meghna PET Industries Ltd and others Vs. Md. Mostafa Kamal & others, 2007, 36 CLC (AD)
....t appears that the loan obtained by owners of 'Kha' group industries that is writ petitioner-applicants, were re-scheduled by Sonali Bank and the owners of 'Kha' group of industries were paying the installments of loan regularly to the Bank. 9. Mr. Ahmed further submits that in the above ......faulter borrowers. Accordingly, the application for dismissing the civil petition for leave to appeal Nos. 477-478 of 2005 is allowed. Both the civil petitions are dismissed. Ed. ......faulter borrowers. Accordingly, the application for dismissing the civil petition for leave to appeal Nos. 477-478 of 2005 is allowed. Both the civil petitions are dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 108
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ......s given great weight and when its finding is accepted as correct on re-assessment by the appellate Court, then the Appellate Division does not like to interfere. When it is found that the established principles of assessment of evidence have not been followed and it has been accepted as reliable wit......atement of a witness recorded under section 164 of the Code of Criminal Procedure is meant for binding him down to the statement made during investigation and in the case of any glaring inconsistency amounting to perjury, the witness may be prosecuted for giving false evidence. The defence may use i..Category: Criminal Law | Date: | Hits: 74
Shaikh Abdul Quader Vs. Chairman, Bangladesh Agricultural Development Corporation, 1978, 7 CLC (AD)
.... petition to decide whether the said view of the learned Judges of the High Court was correct. We do not find anything to interfere with the order. The petition is dismissed.. Ed. ...... petition to decide whether the said view of the learned Judges of the High Court was correct. We do not find anything to interfere with the order. The petition is dismissed.. Ed. ......he instant case the audit report having been placed before the Chairman of the Corporation, who, on a consideration of the same, has come to the conclusion that certain monetary irregularities amounting to abuse of power and temporary misappropriation of fund, have been prima facie pr..Category: Employment/Service Law | Date: | Hits: 79
Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)
....sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ......s not well founded. It has feebly been submitted by the learned Counsel for the appellants that plaintiff's case has been decreed on the weakness of the case of the defendants although the accepted principle of law is that plaintiff is to prove his case or, in other words, plaintiff's success de......sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 52
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......to purchase the land in suit and he got the delivery of possession of the suit land upon the execution of the agreement for sale. In the background of the said fact it was held "The equitable principle as given in section 53A can be invoked by the defendant for protecting his possession..........0 to the plaintiff and thereupon plaintiff parted with the possession of the land in suit in favour of the principal defendants, that subsequent to the date of contract the defendants paid further amount of Taka 11,00,000 towards the consideration money, that the defendants i.e. respondent Nos.1..Category: Property Law | Date: | Hits: 94
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