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State Vs. Mrs. Lailun Nahar Ekram, MD, Engineer and Consultants (Bd) Ltd. (BCBL), 2007, 36 CLC (AD)
....materials on record has arrived at a correct decision and as such there is no cogent reason to interfere with the judgment of the said Division. The appeal is dismissed. Ed. ......materials on record has arrived at a correct decision and as such there is no cogent reason to interfere with the judgment of the said Division. The appeal is dismissed. Ed. ......ent is that the respondent took the money for fifty one bore holes relating to topographic survey by bill Nos. 1 and 2 respectively dated 11.03.1994 and 19.05.1994 and she took the same amount of money for the same work by bill No.3 dated 30.06.1994. 7. It appears from bill No...Category: Criminal Law | Date: | Hits: 74
Rupali Bank Ltd. Vs. M. A. Jalil, 2005, 34 CLC (AD)
....f the above, we do not find any cogent reason to interfere with the impugned judgment and decree of the High Court Division. The petition is, accordingly, dismissed. Ed. ......f the above, we do not find any cogent reason to interfere with the impugned judgment and decree of the High Court Division. The petition is, accordingly, dismissed. Ed. ......eed, contain microscopic traces of attempted glossing over some discreet agenda of malafide nature for more than one reason." 7. The High Court Division on admission found that the amount on account of Provident Fund stood accrued to the respondent. So is the case with payment fo..Category: Employment/Service Law | Date: | Hits: 136
A.K.M. Farooq Vs. Bangladesh Biman Corporation & another, 2006, 35 CLC (AD)
.... book is dispensed with as prayed for. The petitioner is permitted to add additional ground. The petitioner is directed to make the appeal for expeditious hearing. Ed. ......iry proceeding was-not read over to him though the enquiry officer obtained the signature of the petitioner on the enquiry proceeding. The enquiry was conducted in gross violation of the principle of natural justice. Thereafter, second show cause notice was served on 3.11.1993 and the ...... book is dispensed with as prayed for. The petitioner is permitted to add additional ground. The petitioner is directed to make the appeal for expeditious hearing. Ed. ..Category: Employment/Service Law | Date: | Hits: 91
Arch Limited and others Vs. Zillur Rahman Chowdhury and others, 2006, 35 CLC (AD)
....the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: ...... share-register after transfer of his aforesaid shares and there was no further allotment of shares as claimed by the Respondent No.1. The application is also barred by limitation as well as by the principles of waiver, acquiescence and estoppel. The share certificates issued against the said allo......hat 1, 24,000 shares were issued by the Company and those were deposited with the Agrani Bank for obtaining loan. It was further held that in the balance sheet of the Company as on 30th June, 1997 an amount of Tk. 1,24, 000,00/- was deposited in the account of the Company as share money. This proves..Category: Business or Commercial Law | Date: | Hits: 109
Government of Bangladesh Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....xed by the trial court. The trial court thereafter would dispose of the suit in accordance with law. The appeal is accordingly allowed without any order as to costs. Ed. ......xed by the trial court. The trial court thereafter would dispose of the suit in accordance with law. The appeal is accordingly allowed without any order as to costs. Ed. ......lands mentioned in Plot Nos. 600-699 of the same Mouza appearing in sheet No.2 and the survey should be done by a survey knowing Advocate Commissioner at the cost of the defendant-petitioners. The amount of the requisite fee was to be deposited in the trial court within 60 days from the date of ..Category: Property Law | Date: | Hits: 31
Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)
....ent of the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ...... above facts and circumstances of the case as the exchange document in favour of the plaintiffs executed in India was not regularized in accordance with law in this country. 13. The cardinal principle of law is that the plaintiff is to prove his own case. He must not rely on the weakness o......ent of the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 59
State Vs. Abdul Toab alias Abdul Towab and other, 2005, 34 CLC (AD)
....urt in holding the accused respondent as guilty and in doing so there has been miscarriage of justice. " Preparation of paper book is dispensed with as prayed for. Ed. ......urt in holding the accused respondent as guilty and in doing so there has been miscarriage of justice. " Preparation of paper book is dispensed with as prayed for. Ed. ......on with each other collected Tk. 1,29,422.25 as fee for renewal of M.V. license from the owners during the period from 19 February, 1984 to 19 May, 1984 but they showed an amount of only Tk.85,975/- as stamp sale proceeds for the aforesaid period and thus both the accuse..Category: Criminal Law | Date: | Hits: 35
M.A. Sukkur Vs. Md. Zahirul Haque and another, 2005, 34 CLC (AD)
....uary 1992 for realizing the outstanding dues from the accused petitioner and that subsequently the accused petitioner was allowed facilities for the reimbursement of the money in 12 quarterly installments and pursuant to such facilities given to the petitioner he issued cheques for the......ation of the impugned judgment and order dated 17.05.2003 passed by the High Court Division in Criminal Miscellaneous Case No.152 of 2001 be stayed till disposal of the appeal. Ed. ......the accused petitioner was allowed facilities for the reimbursement of the money in 12 quarterly installments and pursuant to such facilities given to the petitioner he issued cheques for the amount of TK. 50, 000/- and TK. 3, 97, 875/- on 25 August 1997 and that the cheque of TK. 50, 000/-..Category: Criminal Law | Date: | Hits: 44
Md. Mofazzal Hossain Vs. Md. Muklesur Rahman and others, 2006, 35 CLC (AD)
....re the paper book out of court in accordance with Rules. In part II of the paper book deposition of both the parties and the exhibited documents in the suit are to be included. Ed. ......re the paper book out of court in accordance with Rules. In part II of the paper book deposition of both the parties and the exhibited documents in the suit are to be included. Ed. ...... of Tk. 20,000.00 out of the consideration money of Tk.25,000.00, Anukul Chandra Dutta executed a bainapatra and put him in possession and agreed to execute sale deed on payment of the balance amount; subsequently Anukul Chandra Dutta having failed to execute the sale deed instate of t..Category: Property Law | Date: | Hits: 30
Md. Belayet Hossain Vs. Abul Fayez Md. Abdullah and others, 2005, 34 CLC (AD)
....such view of the Matter we do not find any substance in the submissions of the learned advocate. In view of the discussions made above leave petition is accordingly dismissed. Ed. ......such view of the Matter we do not find any substance in the submissions of the learned advocate. In view of the discussions made above leave petition is accordingly dismissed. Ed. ......lia, that respondent No. 2-4 entered into an agreement for sale of their land and building with the present petitioner on 25.5.2000 for a consideration of TK. 2,50,00000/- and already an amount of Tk. 8,00,000/- was paid as advance to respondent Nos. 2-4 and that he also de..Category: Property Law | Date: | Hits: 33
GM, Rangpur Palli Bidyut Samity Vs. Md. Ali Reza, 2006, 35 CLC (AD)
....a correct decision. There is no cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 600, 12 BLC (AD) 7. ......s presence. Accordingly, the plaintiff could not cross-examine the witnesses deposed before the Inquiry Committee and hence he was denied the right of self-defence and there has been violation of the principle of natural justice and that on the basis of the report submitted by the Inquiry Committee,......he was promoted to the post of Line Technician and had been discharging his official duty. For performing some right of way work he submitted a bill in the office of the Pally Bidyut Samity-1, for an amount of Taka 3,000 which he received from the office as an advance for the said work but the Assis..Category: Employment/Service Law | Date: | Hits: 181
Esquire Electronics Ltd. Vs. Bangladesh, 2007, 36 CLC (AD)
....r Rahman on the other." 9. On the above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner. The petition is dismissed. Ed. ......ction 25A of the Customs Act, inasmuch as section 25(7) is unconstitutional as being hit by excessive delegation and manifesting unfettered, unlimited delegated power. 7. It is now a settled principle of law that whatever may be the position on the date of opening of the Letter of Credit b......r Rahman on the other." 9. On the above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner. The petition is dismissed. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 126
Kazi Md. Abdul Kuddus and another Vs. Kaimon Bewa and Others, 2006, 35 CLC (AD)
....rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ...... would never be evicted from the premises in suit i.e. two shops, that Hazi Mir Baksha Miah on receiving Taka 840 as advance made construction as desired by the defendants and that the said advance amount was adjusted against the rent in 1358 and that thereafter Mir Baksha Miah received further a..Category: Property Law | Date: | Hits: 46
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2007, 36 CLC (AD)
.... correct principle of law as applicable in the present case, arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. ...... 7. We are accordingly, of the view that the High Court Division, considering the facts and circumstances and also applying the correct principle of law as applicable in the present case, arrived at a correct decision and there is no c...... correct principle of law as applicable in the present case, arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 99
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
....rom the Ministry the bills would be paid but ultimately, no such payment was made by the port authority; because of such non-payment the respondent No.1 could not, within the time stipulated, pay the installments against the loans disbursed to him by the above banks and as a result he had to pay a s......on material evidence on, record and the learned Advocate for the appellant, in fact, failed to point out any irregularity or flaw or illegality on the findings of the trial Court". So, in view of the principles laid down in the decisions referred above, elaborate discussion by the High Court Divisio...... from their store but then pursuant to the request of the port authority, who also assured the respondent No.1 that after getting the approval from the Ministry they will pay the bills for the excess amount to be spent for purchasing the materials from the market at higher rate, the respondent No.1 ..Category: Civil Law | Date: | Hits: 109
Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)
....well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ......well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ...... and in two instalments deposited Taka 6 crore in their account maintained with the plaintiff bank and that thereafter the plaintiff bank made repeated demands but on various pretexts the outstanding amounts of the bank have not been paid and the plaintiff bank also made correspondence with the resp..Category: Business or Commercial Law | Date: | Hits: 135
Serajul Islam (Md) Vs. The Director General of Food, 1990, 19 CLC (AD)
....the High Court Division rightly found a bar to its jurisdiction under Article 102 of the Constitution. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 199. ......has been defined in Black's Law Dictionary, means danger of being convicted and punished more than once on same facts constituting offence in a criminal proceeding only. It is to be seen whether this principle may be extended to punishment of a public servant in a departmental proceeding which is al......ctor of Food and In-charge of Sylhet LSD at the relevant time. On the allegation of gross neglect of duty i.e. his failure to take action for recovery of loss on account of Railway transit shortage amounting to Tk. 47.9 lacs. A charge-sheet was submitted against him on 1 February 1987 by the Reg..Category: Constitutional Law | Date: | Hits: 159
NBR, Government of Bangladesh and anr Vs. M/S. Bata Shoe Company (BD) Ltd., 1990, 19 CLC (AD)
....st Secretary (Excise-2), National Board of Revenue. In the result, the appeal is dismissed, but there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 195. ......st Secretary (Excise-2), National Board of Revenue. In the result, the appeal is dismissed, but there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 195. ......re" has been defined widely in the Excise and Salt Act, 1944 to exclude fraudulent attempt at evasion of excise duty by big and mechanised companies; that the respondent company evaded a very large amount of excise duty over the last few years by selling its shoes and passing them off as the produ..Category: Fiscal/Taxation Law | Date: | Hits: 114
State Vs. Mohammad Khan and others, 1990, 19 CLC (AD)
....Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ......r as it may differ from man to man. About passing of order by the two accuseds, the witnesses are discrepant. So these two accuseds have rightly been acquitted. However the conviction awarded against principle accused Mohammed Khan by the additional session judge is confirmed and the order of acquit......Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ..Category: Criminal Law | Date: | Hits: 117
Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)
....vision cannot be legally sustained. In the result, therefore, the appeal is allowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ......he question of waiver of the right of pre-emption would arise only after the registration of the kabala and further that the right could be waived or relinquished by a specific agreement was wrong on principle and authority. Mr. Pal argued that the right of pre-emption inheres in a co-sharer because...... a co-sharer in the land or owns lands in the vicinity consequently gets an advantage or benefit corresponding to the burden with which the owner of the property is saddled, even though it does not amount to an actual interest in the properly sold. The crux of the whole thing is that the benefit a..Category: Property Law | Date: | Hits: 47
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