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SM Anwar Hossain Vs. Md. Shafiul Alam (Chand) and another, 1999, 28 CLC (AD)
....ion for quashing summarily under a misconception. For the reasons this appeal is allowed and the impugned proceeding is quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 218. ......ion for quashing summarily under a misconception. For the reasons this appeal is allowed and the impugned proceeding is quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 218. ...... complainant deposited the cheque on 23-12-95 in his account at Uttara Bank but the same was dishonoured on the same date, that on 24-12-95 the complainant sent a legal notice for payment of the said amount, that on receipt of the said notice the appellant in order to avoid payment fraudulently info..Category: Business or Commercial Law | Date: | Hits: 145
Azizul Hoque (Md) Vs. State, 1999, 28 CLC (AD)
....bmission that the accused-petitioner’s role was that of a bona fide act performed without mens rea. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 216. ......bmission that the accused-petitioner’s role was that of a bona fide act performed without mens rea. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 216. ......e to the Court of the Magistrate and talked to the accused-petitioner and handed over Taka 3,093.00 to him for depositing the money in the certificate case. The accused-petitioner after accepting the amount prepared a recall order under section 248 of the Code of Criminal Procedure and gave a photoc..Category: Anti-Corruption Laws | Date: | Hits: 73
Sabita Dutta Vs. Manager, Cinema Palace Chittagong and another, 1999, 28 CLC (AD)
....efore the Labour Court. Consequently, the petition is devoid of any substance. It is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 215. ......that an individual worker after compliance with the formalities as contemplated under section 25 (1)(a)(b) of the Standing Orders Act, 1965 can maintain an application before the Labour Court. The principle of that decision applies with full force in this case. There is hardly any scope to disti......efore the Labour Court. Consequently, the petition is devoid of any substance. It is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 215. ..Category: Labour and Industrial Law | Date: | Hits: 94
Moulana Delwar Hossain Saydee Vs. Sudhangshu Shekhar Halder and others, 1999, 28 CLC (AD)
.... be expeditiously disposed of. We, therefore, find no substance in this petition which is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 171. ......o appeals as well. Learned Judges of the High Court Division do not appear to have committed any illegality in dispensing with the service of notice upon the non-contesting parties in terms of the principle underlying Order 41, rule 4(3) of the Code of Civil Procedure…….(9) ...... be expeditiously disposed of. We, therefore, find no substance in this petition which is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 171. ..Category: Election Law | Date: | Hits: 117
Commissioner of Customs, Mongla Customs House & ors Vs. SARC Enterprise, 1999, 28 CLC (AD)
....er stands modified accordingly. This petition is disposed of upon condonation of delay in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 165. ...... rate of 40% as demanded by the Customs Authorities. 3. Mr. B Hossain, learned Advocate-on- Record for the petitioners, submits that the interim order of release was passed contrary to the principle laid down by this Division in the case of Commissioner of Customs vs. Giasuddin Chowdhury...... of justice will be sufficiently met if the impugned order is modified by substituting the personal guarantee. In other words, the writ-petitioner will have to furnish bank guarantee for the whole amount of the difference if it wants to clear the goods in terms of the interim order on payment of..Category: Business or Commercial Law | Date: | Hits: 155
Latifa Akhter and others Vs. State and another, 1999, 28 CLC (AD)
.... High Court Division is not sustainable in law. Consequently, the appeal is allowed and the proceedings are quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 159. ...... High Court Division is not sustainable in law. Consequently, the appeal is allowed and the proceedings are quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 159. ......mplainant requested Appellant No. 1 to deposit the entire sale money to the bank as per direction of the Court but Appellant No. 1 refused to do so and thereby fraudulently misappropriated the said amount. 3. On the basis of the said complaint the Upazila Magistrate, Rupganj took cognizan..Category: Criminal Law | Date: | Hits: 69
Pradip Kumar Chakraborty Vs. Jamila Khatun Bibi & ors , 1999, 28 CLC (AD)
....p Kumar Chakraborty to represent the deity as next friend in place of the deceased be allowed. No order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 156. ...... idol, has this to say: “The question is, can such a person represent the idol when the shebait acts adversely to its interest and fails to take action to safeguard its interest. On principle, we do not see any jurisdiction for denying such a right to the worshipper. An Idol is in......p Kumar Chakraborty to represent the deity as next friend in place of the deceased be allowed. No order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 156. ..Category: Family Law | Date: | Hits: 156
State Vs. Md. Minhazuddin Khan, 1999, 28 CLC (AD)
....ays. The reasons shown for condonation of such delay are also far from satisfactory. The petition is therefore dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 142. ......ays. The reasons shown for condonation of such delay are also far from satisfactory. The petition is therefore dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 142. ......-respondent Minhazuddin Khan, ex-accountant of that office would deal with that fund and PW 1 Muslimuddin as the Cashier of that Office used to deal with the money of repair grant. On 30-6-78, an amount of Taka 15,000.00 was deposited in that account and since then accused Minhazuddin and PW Mu..Category: Criminal Law | Date: | Hits: 59
Shajib (md) and others Vs. Md. Abdul Khaleque Akand and another, 1999, 28 CLC (AD)
....he impugned judgment of the High Court Division suffers from no illegality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 119. ......he impugned judgment of the High Court Division suffers from no illegality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 119. ......) Hosne Ara Begum being armed with various lethal weapons and assaulted Hosne Ara Begum and other inmates of the house and destroyed banana trees, mango trees and coconut plants and took away cash amount of Taka 12,000.00. On the above allegations the learned Magistrate took cognizance of the of..Category: Criminal Law | Date: | Hits: 61
Abul Hossain and 3 others Vs. Bangladesh, 1999, 28 CLC (AD)
.... permissible in law. The review petitions therefore merit no consideration. The petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 116. ...... permissible in law. The review petitions therefore merit no consideration. The petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 116. ......the conclusion. Review may be granted only for sufficient grounds akin to those of Order 47, rule 1 of the Code of Civil Procedure. To permit a review on the ground claimed by the petitioners will amount to rehearing of the matter and our sitting on appeal over our own judgment, which is not per..Category: Property Law | Date: | Hits: 69
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
....t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ......judgment is a totally unacceptable, unsatisfactory, disjointed, inherently incoherent, contradictory and confused judgment both in law and facts manifesting an alarming unmindful ness of the basic principles of criminal jurisprudence and what is worse there is a total absence of any systematic c......t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ..Category: Criminal Law | Date: | Hits: 80
Elias(Md) Vs. Jesmin Sultana, 1999, 28 CLC (AD)
....the mind of the Subordinate Courts and the people at large. With these observations, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 99. ......the mind of the Subordinate Courts and the people at large. With these observations, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 99. ......he matter. 2. The trial Court decreed Taka 60,000.00 as prompt dower, Taka 4,500.00 as maintenance allowance and further Taka 500.00 per month for the same purpose. On appeal, however, the amount of prompt dower was reduced to Taka 40,000.00 whereupon the respondent took a revision, Civi..Category: Family Law | Date: | Hits: 158
Bangladesh Shilpa Rin Sangstha Vs. Azir Uddin Chowdhury, 1998, 27 CLC (AD)
....t all relevant considerations in such a matter. Consequently, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 96, 18 BLD (AD) 144.......e on 7-10-95, on the finding that if during the pendency of the Money Suit of the respondent sale takes place under Article 34 of BSRS Order and if the Mill is sold then that will be violative of the principles of natural justice. 9. The order of the trial Judge was upheld by a Division Bench of......aka 2,060 million) and Taka 6 lac in local currency was sanctioned to the respondent-company. The respondent, it is alleged, despite repeated requests and reminders did not liquidate the dues/overdue amounting to Taka 25,567 million. 4. The respondent instituted Money Suit No.5 of 1994 against t..Category: Business or Commercial Law | Date: | Hits: 124
SM Monirul Islam Vs. MV You Bang, 1999, 28 CLC (AD)
....dant-respondent’s surveyor. In that view of the matter, we do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 90. ......dant-respondent’s surveyor. In that view of the matter, we do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 90. ......ons and do not in any way circumscribe the discretionary jurisdiction of the Admiralty Court either to reduce or enhance the bank guarantee for release of the ship arrested in a suit claiming damages amounting to more that Taka ten crore by the plaintiff while defendants surveyor opined that the dam..Category: Admiralty Law or Maritime Law | Date: | Hits: 235
Brahmanbaria Pourashava Vs. Secretary, Ministry of Land Reforms, 1999, 28 CLC (AD)
....lared to have been made without lawful authority. This appeal is allowed accordingly without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 84; 1999 BLD (AD) 87. ......f after about 22 years the appellant, which is a public body, be expropriated when it had built buildings on the acquired land upon making all necessary payments to the Government. Again, there is no principle of law under which once a property has been validly acquired for a public purpose, as admi......lared to have been made without lawful authority. This appeal is allowed accordingly without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 84; 1999 BLD (AD) 87. ..Category: Property Law | Date: | Hits: 63
Bina Rani and another Vs. Shantosh Chandra Dey, 1999, 28 CLC (AD)
...., the impugned judgment and decree of the High Court Division are set aside and those of the trial Court are restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 81. ......etitioner Vs. Shantosh Chandra Dey ……………….. Respondent Judgment August 3, 1998. Benami Transaction (i) The well-settled principle of law is that in deciding a question of benami transaction the court should take into co......, the impugned judgment and decree of the High Court Division are set aside and those of the trial Court are restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 81. ..Category: Property Law | Date: | Hits: 75
Chairman, Board of Investment and others Vs. Bay Trawling Limited and others, 1999, 28 CLC (AD)
.... interfere with the Judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 79. ...... issue license in favour of respondent No.1 the plea of promissory estoppel can not be raised against the Government and the learned Judges of the High Court Division erred in law in relying on the principle of promissory estoppel in this case. 5. Without entering into the question of pr...... interfere with the Judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 79. ..Category: Business or Commercial Law | Date: | Hits: 91
BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)
....vidence from parties. In the result, the appeal is disposed of in the above terms without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 71. ......vidence from parties. In the result, the appeal is disposed of in the above terms without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 71. ......e Safety Department also investigated into the accident and by a report dated 10-12-85 found the defendants guilty of negligent and rash driving of their oil tanker. The plaintiffs claimed a total amount of Taka 2,01,62,716.70 against the defendants. 3. The defendants in their written s..Category: Admiralty Law or Maritime Law | Date: | Hits: 187
Habibul Islam Bhuiyan President Supreme Court Bar Association, 1999, 28 CLC (AD)
....ch have been alleged to be contumacious. For the reasons, however, the application is disposed of with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 68. ...... a proceeding for contempt we have decided to opt for discretion keeping in view the celebrated dictum of Lord Atkin (Andre Paul Vs. Attorney-General, AIR 1936 PC 141) which has always been a guiding principle with this Court. Said Lord Atkin: The path of criticism is a public way: the wronghead......Prime Minister, at a Press Conference held in the Gana Bhaban on 29 January, 1999 on her return from India. 2. It has been alleged in the application, inter alia, that the said statements clearly amount to contempt of Court of the highest degree because she knew well that such statements will cr..Category: Others | Date: | Hits: 99
Mawlana Abdul Hye Vs. State, 1999, 28 CLC (AD)
.... of Criminal Procedure, 1898 (V of 1898) Section 31 It is not proper that the question of sentence should be considered once in the High Court Division and again in the Appellate Division by installments, when no interpretation of law is involved……………&hel......ingle Judge thought it fit and proper not to interfere with the order of conviction but only reduced the substantive sentence of imprisonment of accused petitioner Mowlana Abdul Hye. As a matter of principle, we do not think it proper that by instalments the sentence should be considered once in ...... seeking leave to appeal from the impugned judgment of the High Court Division. 2. The prosecution case is that, the accused petitioners in collusion with each other managed to obtain loan amounting to Taka 18,600.00 from Sonali Bank, Nalchity Branch in the name of five dead persons. Ac..Category: Criminal Law | Date: | Hits: 67
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