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Sk. Nurul Islam Vs. State, 2011, 40 CLC (HCD)
.... discharged from his bail bond. Send down the Lower Court Records, along with a copy of this judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 436. ...... discharged from his bail bond. Send down the Lower Court Records, along with a copy of this judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 436. ......tion alleging that, accused Md. Nurul Islam, Auditor, Accounts Office, Doulatpur Upazila Parishad, Kushtia in connivance with the other accused persons misappropriated the public money amounting to Tk. 4976/- of the aforesaid Upazila Parishad. He, being a public servant, having misapp..Category: Anti-Corruption Laws | Date: 19 May, 2011 | Hits: 157
Manager, Rupali Bank Ltd. Vs. M/S New Music Corner and another, 2011, 40 CLC (HCD)
....estroyed. Thereafter, time and again the defendant No.1 requested the plaintiff bank to transform the loan account to a block account, without interest, and prayed for allowing him to pay the loan by installments, but all his efforts went in vain. The defendant No.1 further stated in his written sta......t record. Send down the lower Court records along with a copy of this judgment immediately to the Court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ...... to deal with electronics goods. He filed an application to the plaintiff bank to renew his previous loan, thereafter, on 11.06.1988 vide sanction letters No.45 and 46 the bank sanctioned loan for an amount of Tk. 2,00,000/- as cash credit hypothecation and Tk. 10,00,000/- as cash credit pledge, in ..Category: Banking Law | Date: 18 May, 2011 | Hits: 209
Monzur Ahmed Bhuiyan & others Vs. Adilur Rahman Khan and others, 2011, 40 CLC (AD)
....nd Order passed by the High Court Division. Accordingly, this Civil Petition is dismissed. No order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 47. ......e supremacy and the value of their solemn Constitution. They must now take the responsibility to protect their own Constitution; They can and they shall now. 22. It should be remembered that the principle of Rule of Law is well established for the last few hundred years, recognised for the firs......he judgment passed in the fifth Amendment Case. Besides, he argued that by being exonerated once under the then prevalent law, they acquired a right not to be prosecuted for the second time which tantamounts to double jeopardy but the High Court Division augmented the said illegality by declaring th..Category: Constitutional Law | Date: 16 May, 2011 | Hits: 267
Major (Retd.) Rafiq Hasan Faruq Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... order as to cost. The office is directed to communicate the Judgment at once to the concerned executing Court (Respondant No. 3). Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 281. ...... order as to cost. The office is directed to communicate the Judgment at once to the concerned executing Court (Respondant No. 3). Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 281. ......, the Bank filed Artha Rin Suit No. 491 of 2004 in the Artha Rin Adalat, 1st Court, Dhaka (shortly, the Adalat) for recovery of the loan with interest. Eventually, the suit was decreed exparte for an amount of Tk. 5,40,49,309.76/-. 3. The decree holder Bank initiated Artha Execution Case No-120 o..Category: Banking Law | Date: 16 May, 2011 | Hits: 179
S.M. Humayun Kabir Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... have been passed without lawful authority and hence, is of no legal effect. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......d withdrawal of the same on 10.09.2007 the impugned act of the respondents in accepting the said resignation on 22.07.2008 almost 10 (ten) months after it’s withdrawal is against the established principle of law. In this connection drawing attention to Annexure-J series Mr. Akhter Imam further......endered his resignation on 18.04.2007 (Annexure-H), but later he made representation to allow him to join in the respective post upon treating his leave of absence as extraordinary leave, which tantamounts to withdrawal of his resignation letter by necessary implication. Even subsequently, vide l..Category: Employment/Service Law | Date: 15 May, 2011 | Hits: 22
Tofail Ahmed Vs. State, 2010, 39 CLC (HCD)
....cerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 363. ......cerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 363. ......-ur-Rashid, maintained with the National Bank Ltd., Dilkusha C/A, Dhaka to the Saving Account No.481 of Mr. Abdul Momen Tulu, maintained with the National Bank Ltd., Bhola Branch. In this process, an amount of Tk. 25,00,000 (twenty lakh) was transferred by TT No.27 dated 2-9-2001 and another amount ..Category: Anti-Corruption Laws | Date: 15 May, 2011 | Hits: 211
Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)
....nted with any other case. Send down the lower Court records at once. Md. Rezaul Hasan J.- I agree. Ed. This Case is also Reported in: 16 BLC (2011) 699, 31 BLD (HCD) (2011) 427. ......nted with any other case. Send down the lower Court records at once. Md. Rezaul Hasan J.- I agree. Ed. This Case is also Reported in: 16 BLC (2011) 699, 31 BLD (HCD) (2011) 427. ...... it appears from the evidence that over the occurrence there was a Salish and in the Salish it was decided that the petitioner will have to pay Tk. 35,000/- as fine and on his failure to pay the said amount the case was initiated after lapse of about 8 months. 9. Learned Counsel further submits..Category: Women and Children | Date: 15 May, 2011 | Hits: 95
....authorized, is maintained.
No order as to costs.
This Case is also Reported in:
......ing justice in its proper spirit.
20. This judicial power of review is now exercised all over the globe and expressly accepted by all including in Bangladesh.
Next, I shall consider how the principle of legitimate expectation came into being.
21. Generally speaking, without any legal ......terest or grievance in the matter, as such, not an ‘aggrieved person’ within the language of Article 102, still his appeal was entertained, in the discretion of the Court, because, the paramount interest of the people was involved.
This is how the traditional conservative view on st..
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
....nd the husband of the accused-petitioner were very friendly with each other and at one stage, the husband of the accused-petitioner took a sum of Tk. 30 lac from the complainant by way of loan in two installments on the stipulation that he would repay the loan within a period of 6 (six) months. Howe...... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 357........ Anyway, on 22.04.2009 the complainant through his lawyer gave a legal notice to the accused-petitioner by registered post with A/D which was received by her on 30.04.2009, but she did not repay the amount thus committing an offence punishable under Section 138 of the Negotiable Instruments Act. ..Category: Banking Law | Date: 12 May, 2011 | Hits: 251
Obaidul Kader (Md.) Vs. State, 2011, 40 CLC (HCD)
..... The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 425. ....... The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 425. ......while the accused petitioner was holding office as the Minister for State of the Youth, Sports and Cultural Affairs and also as the Chairman of National Sports Council, Dhaka had obtained as bribe an amount of Taka 38,00,000 (thirty eight lakh) from 14 (fourteen) contractors (firms) as named in..Category: Anti-Corruption Laws | Date: 11 May, 2011 | Hits: 223
Rupali Bank Ltd. Vs. Sree Babu Jiban Kumer Shaha, 2011, 40 CLC (HCD)
....nt prayed to the Court to consider his prayer and to exempt him from paying interest and panel interest and also prayed to allow him to pay the rest amount of the loan (other than any interest) by 15 installments. 4. On consideration of the pleadings of the parties the learned Judge, Artha Rin ...... Adalat, Sherpur decreeing the suit in part. 2. The appellant as plaintiff instituted Artha Rin Case No.14 of 1996 impleading the respondent as defendant for realization of Tk. 1,53,412/- as the principle amount along with interest and other charges. 3. The plaintiff in his plaint stated i......herpur decreeing the suit in part. 2. The appellant as plaintiff instituted Artha Rin Case No.14 of 1996 impleading the respondent as defendant for realization of Tk. 1,53,412/- as the principle amount along with interest and other charges. 3. The plaintiff in his plaint stated inter alia ..Category: Banking Law | Date: 11 May, 2011 | Hits: 210
Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)
....aside. The suit is dismissed, however without any Order as to costs. Send down the records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 11. ......suit before appropriate Court and accordingly she instituted the suit. 5. The defendant No.1 submitted a written statement contending inter alia, that the suit is not maintainable, barred by the principles of estoppels, acquiescence, waiver, bad for insufficient of Court fees. The real facts of......before the defendant No.1 and those certificates were lying with the custody of defendant Bank. (i) The defendant Bank gave dividend to the plaintiff for the financial year 1986-87, 1987-1988 an amount of Taka 1,82,082. The plaintiff was given 7585 bonus shares on 20-12-2001 bearing certificate..Category: Company Law, Procedural Law | Date: 8 May, 2011 | Hits: 9
Kyung Hae Maritime Co. Ltd. and others Vs. M.V. BF Glory and others, 2011, 40 CLC (HCD)
....No.19 of 2009 M/S. Kysco Shipping Co. Ltd. and also against the BF. Shipping Limited in Admiralty Suit No. 27 of 2009 and Admiralty Suit No. 28 of 2009. Ed. This Case is also Reported in: ......llowing issues in the instant Admiralty Suit No. 27 of 2009: Is the suit maintainable under the Admiralty jurisdiction in its presence form and manner? Is the suit is barred by the principles of limitation, estoppel, waiver and acquiesce? Is their any cause of action against......30-11-2008 for US$ 88102.26, on 31-12-2008 for US$150728.52, on 31-1-2009 for US$ 149636.02, on 28-2-2009 for US$ 71829.51, on 31-3-2009 for US$ 49569.98 and on 30-4-2009 for US$ 44187.24 totaling an amount of US$ 15,90,442.76. Although the plaintiff supplied the statement of accounts to the defenda..Category: Admiralty Law or Maritime Law | Date: 4 May, 2011 | Hits: 70
Hossain Md. Rajib Vs. State, 2011, 40 CLC (HCD)
....-3-2010 and allow the appeal. With this observation the appeal is allowed and the ad interim bail granted earlier is affirmed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 447.......hat Judges must dispense justice in accorÂdance with law only. But in the case in our hand we find that the learned Judge of the Nari-o-Shishu Nirjatan Daman Tribunal has forgotten the estabÂlished principle of law in respect of granting bail and rejecting the application for bail. She has violatÂ......-3-2010 and allow the appeal. With this observation the appeal is allowed and the ad interim bail granted earlier is affirmed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 447...Category: Women and Children | Date: 2 May, 2011 | Hits: 171
M/S. Ace Traders Vs. M. V. DIJENDRALAL and Others, 2011, 40 CLC (HCD)
....es Insurance Company Limited on contest and also against the defendant Nos.1, 2, 3, 5, 7, 9 and 10 ex parte. However, there shall be no order as to costs. Ed. This Case is also Reported in: ......es Insurance Company Limited on contest and also against the defendant Nos.1, 2, 3, 5, 7, 9 and 10 ex parte. However, there shall be no order as to costs. Ed. This Case is also Reported in: ......ough defendant No.7 the local agent-Indentor to import 20 M.T. of Bright steel bars stainless steel, Non-magnetic quality, austenitic type bars, having Indian specification AISI-304, Dia 28 mm. at an amount of U$ 46000. The stipulated mode of shipment was through the river route Narayanganj Port, bu..Category: Admiralty Law or Maritime Law | Date: 27 Apr, 2011 | Hits: 64
National Board of Revenue and others Vs. Lt. Col. Kazi Shahid Ahmed (Retd.), 2011, 40 CLC (AD)
.... Court Division in Writ Petition No.1953 of 1996, is set-aside and the appeal is allowed, however, without any order as to cost. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 119. ...... Court Division in Writ Petition No.1953 of 1996, is set-aside and the appeal is allowed, however, without any order as to cost. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 119. ......er dated 14-02-1996 asked the respondent No.1 to pay the VAT at the rate of 15% since the electric poles made by him was included in the First Schedule to VAT Act and also asked him to pay the arrear amounts for the period from 18-03-1993 to 31-01-1996, on the basis of the aforesaid rate (Annexure-D..Category: Fiscal/Taxation Law | Date: 26 Apr, 2011 | Hits: 217
A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
....side. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in:  ......side. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in:  ......nd 185 pieces of bags worth Taka 23,06,728.80 in total. It was presumed that the said Mirza Monwar Hossain, since deceased and the co-accused in collusion with each other had misappropriated the said amount within the period from 29.3.1987 to 4.1.1991. 3. The District Anti-Corruption Officer, Hab..Category: Anti-Corruption Laws | Date: 25 Apr, 2011 | Hits: 200
Md. Zaved Khan Vs. Anti Corruption Commission and others, 2011, 40 CLC (HCD)
....vided by law referred to above. So we are not ready to entertain the writ petition. Hence the application is summarily rejectÂed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 221. ......vided by law referred to above. So we are not ready to entertain the writ petition. Hence the application is summarily rejectÂed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 221. ......learned advoÂcate appearing on behalf of the petitioner submits that the petitioner being a subscriber has suffered much by the impugned order because on such order he has been seized to receive any amount from Unipay 2U Bangladesh Ltd. where he has already invested. In support of his such submissi..Category: Criminal Law | Date: 22 Mar, 2011 | Hits: 75
Nazmul Islam alias Nazu Vs. State, 2011, 40 CLC (HCD)
....levelled against him and he be set at liberty at once, if not wanted in other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 460.......the outcome of the immoral act of the P.W.1 and convict-Nazmul Islam, no doubt it is a social crime and morally and ethiÂcally we can't appreciate or indulge such kind of immoral act. But, it is the principle of Criminal jurisprudence that an accused should be dealt in accordance with law and befor......levelled against him and he be set at liberty at once, if not wanted in other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 460...Category: Women and Children | Date: 21 Mar, 2011 | Hits: 165
Uniroyal Securities Ltd. Vs. Commissioner of Taxes, 2011, 40 CLC (HCD)
....any order as to cost. The Registrar of the Supreme Court is directed to take necessary steps under section 162 of the Ordinance. Ed. This Case is also Reported in: 63 DLR (2011) 676. ......962 in accepting the total income declared by the assessee company. 8. He referred to section 82C (5) and submits that the case of the applicant falls under the said provision and hence the principle enunciated in 12 MLR is not applicable in the instant case. 9. We have heard the lear...... 34,703. 3. It has been further stated that this Division in Desh Petroleum Service Co. Ltd Vs. Commissioner of Taxes, Zones-5, 12 MLR 48 has decided that "As per section 82(C) (4), the tax amount deducted or collected on account of supply of goods of execution of contract falling und..Category: Fiscal/Taxation Law | Date: 21 Mar, 2011 | Hits: 123
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