Judgment search - Chancery Law Chronicles

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Md. Rafique Ullah Vs. State, 2011, 40 CLC (HCD)

.... respondent. Criminal Appeal No. 3504 of 2003. Judgment Md. Ruhul Quddus J.- This appeal under section 28 of the Nari-o-Shishu Nirjatan Damon Ain, 2000 is directed against judgment and order dated 21.8.2003 passed by the Nari-o-Shishu Nirjatan Damon Tribunal, Lakshmipur in Nari-o-Shishu Nir...... Damon Case No.23 of 2000 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Borhanuddin, J.- I agree. Ed. This Case is also Reported in: ..

Category: Women and Children | Date: 9 Aug, 2011 | Hits: 165

Abdul Aziz Vs. Most. Kutisona Bibi and others, 2011, 40 CLC (AD)

.... Advocate-on-Record—For the Petitioners. A. K. M. Shahidul Haque, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.2131 of 2009. (From the judgment and order dated 02.07.2009 passed by the High Court Division in Civil Revision No.3330 of 1991.) Judgment ......ed for the reason only that it lacks detailed discussion. Mr. Abdul Quiyum has argued also that the High Court Division ought to have considered the evidence and materials on record and given his own decision instead of sending back the appeal on remand. That the evidence and other materials and f..

Category: Property Law | Date: 24 Jul, 2011 | Hits: 71

Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....ne represented—For Respondent Nos.1-5 (In Civil Petition No.1159 of 2011). Civil Appeal Nos.11-13 of 2011. with Civil Petition No.1159 of 2011. (From the judgment and order dated the 8th day of March, 2010, 17th day of December, 2010 & 20th day of May, 2010 passed by ......h Court Division in this regard. One Bench relying upon the case of State of Haryana Vs. Bhajan Lal, AIR 1992 SC 604, Dhaka Ware House Ltd. Vs. Assistant Collector, 11 BLD (AD) 227 and some other decisions of this Division held that the writ petitions are not maintainable and another Bench upon..

Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39

State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)

....nce of the condemned-prisoners. 2. By the above appeals and Rule the appellants and the petitioner have challenged the legality and propriety of the Judgment and order of conviction and sentence dated 28-2-2006 passed by learned Session Judge and Special Tribunal, Jhenaidah in Special Tribunal ...... 12 DLR (SC) 156. 65. As there is no independent corroborative evidence against the aforesaid 12 co-accused who were implicated by the confessions of co-accused and in view of the aforesaid decisions their conviction cannot be sustained in the eye of law. 66. Let us now consider wheth..

Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6

M/S. Hasan Vegetable Oil Mills Ltd. Vs. M. T. SCEPTRE, 2011, 40 CLC (HCD)

....e imported from abroad and in course of the business the plaintiff intended to import Crude Degummed Soyabean Oil (CDSO) from Argentina and accordingly opened Letter of Credit bearing No. 03990112-C, dated 12.05.1999, through the City Bank Limited, Principal Office, Dilkusha C/A, Dhaka, for import o......y the parties. 9. Issue No.1: The maintainability aspect of the suit. Although the issue has not been pressed by the parties so seriously, yet as the same involves question of law, it requires decision. To maintain such suits under Admiralty jurisdiction Section 3(2) (ja) of the Admiralty Cou..

Category: Admiralty Law or Maritime Law | Date: 17 Jul, 2011 | Hits: 61

Abul Bashar Vs. Abul Kashem and others, 2011, 40 CLC (HCD)

....ed in Other Class Suit No.13 of 1984 on 14-2-1985 and proceedings of Other Execution Case No.25 of 1985 are illegal, inoperative, and not binding upon the plaintiff with further declaration that deed dated 18-1-1988 in favour of defendant No.7 by defendant No.1 as illegal not acted upon and not bi......e as in Other Suit No.47 of 1991 there are 4 schedule and out of that 4 schedule, in Other Suit No.42 of 1992 one schedule has been incorporated. Learned Advocate for the opposite party relied on the decision of Md. Moslemuddin Vs. Md. Jonab Ali, 17 BLD (AD) 328 = 50 DLR (AD) 13 wherein it is held t..

Category: Civil Law | Date: 23 Jun, 2011 | Hits: 44

Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)

.... the petitioner. Abdul Malek (In person)-For respondent No.1. Not represented-For respondent No.2. Civil Petition for Leave to Appeal No.2012 of 2010. (From the judgment and order dated 20.05.2010 passed by the High Court Division in First Appeal No.836 of 1991). Judgment ......w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ..

Category: Banking Law | Date: 22 Jun, 2011 | Hits: 162

Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)

Category: Banking Law | Date: 22 Jun, 2011 | Hits: 7

Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)

.... (the Adalat in short) and renumbered as Money Suit No.26 of 1990. The defendant-petitioner did not receive any summon of the suit. Eventually, the suit was decreed ex parte by Judgment and decree dated 19-9-1991 (decree signed on 29-9-1991). The Judgment-debtors having failed to pay the decreta......ions the Rule is disposed of. The order of stay stands vacated. Communicate the Judgment to respondent No.2 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 75. ..

Category: Limitation Law | Date: 20 Jun, 2011 | Hits: 13

Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)

....m, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For Respondent No.1. Ex-parte- For Respondent Nos. 2(a)-3. Civil Appeal No.191 of 2005 (From the judgment and order dated 25.1.2003 passed by the High Court Division in Civil Revision No.5935 of 2000.) Judgment ...... on appear over a finding of fact. It is concerned with the question as to whether the appellate court in giving a particular finding has committed any error of law resulting in an error in the decision occasioning failure of justice or such finding is found to have resulted from glaring misco..

Category: Property Law | Date: 15 Jun, 2011 | Hits: 169

Abu Bakkar Lashkar & others Vs. Rostam Ali Mondal & others, 2011, 40 CLC (AD)

....ers. M. A. Jabbar, Advocate, instructed by M. G. Bhuiyan, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.1294 of 2010. (From the judgment and order dated 27.04.2010 passed by the High Court Division in Civil Rule No. 1024(con) of 2009). Judgme......ciation of law and facts do not call for interference. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 210. ..

Category: Procedural Law | Date: 9 Jun, 2011 | Hits: 100

Md. Arif-Uz-Zaman Vs. State and another, 2011, 40 CLC (AD)

....iberty to file a petition of complaint before the competent Magistrate against the drawer of the cheque, of course, by complying with the proviso to sub-section (1) of section 138. The legislative mandate as used in clause (a) of sub-section (2) of section 123A of the Act, 1881 that when a cheque is......ded as to whether the accused-petitioner issued the dishonoured cheque or not. He has lastly contended that at least the proceedings of the sessions case in question is required to be stayed till the decision of the said title suit, otherwise, the suit shall become infructuous. 6. On the above..

Category: Banking Law | Date: 9 Jun, 2011 | Hits: 196

Nazir Vs. State, 2011, 40 CLC (HCD)

....d. Nazrul Islam Talukder J.- This Rule, at the instance of the convict-petitioner, was issued calling upon the opposite-party to show cause as to why the judgment and order of conviction and sentence dated 19-7-2006 passed by the learned Judge of the Special Tribunal No.4, Dhaka in Special Tribunal ......is of doubtful, is liable to be quashed. He empathically submits that though Cocktails allegedly recovered from the possession of the petitioner were not examined by any explosive expert to come to a decision as to whether the alleged Cocktails were really Cocktails or not and, as such, the impugned..

Category: Criminal Law | Date: 7 Jun, 2011 | Hits: 2

Farzana Akter (Kakoli) Vs. Md. Kabir Hossain and others, 2011, 40 CLC (HCD)

....al Appeal No. 5815 of 2008. Judgment Md. Ruhul Quddus J.- This appeal, under section 28 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 at the instance of a complainant, is directed against order dated 7.7.2008 passed by the Nari-o-Shishu Nirjatan Daman Tribunal, Patuakhali in Nari-o-Shishu Case......f Abdus Salam Master alias Salam and another Vs. The State reported in 36 DLR (AD) 58, 65 and advanced his submission for continuance with the trial. The learned Judge without distinguishing the said decision of the Appellate Division, ignored it only by saying that “the case law does not match ex..

Category: Women and Children | Date: 6 Jun, 2011 | Hits: 102

Md. Majedur Rahman Vs. State and another, 2011, 40 CLC (HCD)

....peal has been preferred by convict appellant Md. Majedur Rahman, son of Mojir Uddin Ahmed of village-Dakkhin Nashratpur, Police Station- Chirirbandar, District-Dinajpur against the judgment and order dated 14.10.2009 passed by the Nari-OShishu Nirjatan Daman Tribunal, Dinajpur in Nari-O-Shishu Case ......ightly and lawfully found the accused appellant guilty of the offence punishable under section 10 of the Nari-O-Shishu Nirjatan Daman Ain, 2000. The learned Assistant Attorney General referred to the decision in the case of Rokeya Vs. State, 5 BLC (AD) 86 and submitted that sole evidence of one eyew..

Category: Women and Children | Date: 6 Jun, 2011 | Hits: 142

Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)

....sh Chandra Saha, Advocate - For the Respondent. First Appeal No.81 of 2000. Judgment Sharif Uddin Chaklader J.- This appeal by the plaintiff directed against Judgment and decree dated 14-10-1999 passed by the learned Subordinate Judge, 3rd Court, Chittagong dismissing Other C......settled from pleadings. Formal defect includes every kind of defect which is in no way affect the merits of the case i.e. a defect of form not a defect in the merits of the case. In the full Bench decision of Ramras Vs. Appanna, AIR 1940 Bom. 121 (FB) it is held that expression 'formal defect' m..

Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6

Chairman, Rajdhani Unnayan Katripakkha Vs. Mosammat Rahima Khatun and others, 2011, 40 CLC (HCD)

....he Opposite Parties. Civil Revision No. 5831 of 2007. Judgment Obaidul Hassan J. - This Rule was issued calling upon the opposite party Nos.1-3 to show cause as to why the judgment and order dated 28.05.2006 of the learned District Judge, Dhaka in Arbitration Appeal No. 127 of 2002 affirmin......by practicing fraud upon the Hon’ble Court and, as such, for the ends of justice the instant Rule may be discharged. In the said counter affidavit the opposite party Nos. 1-3 referred an unreported decision passed in Civil Rule No.683 (con) of 2007, where delay of 389 days occurred in filing the C..

Category: Limitation Law | Date: 2 Jun, 2011 | Hits: 165

BGP Inc., China National Petroleum Corporation Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....ion of the People’s Republic of Bangladesh, the respondents have been called upon to show cause as to why the decision of respondent no.3, communicated under memo no. IMED/CPIU/RP-01/90-2011/151 dated 10.02.2011 (Annexure-A), purporting that the petitioner, amongst others, is non-responsive ag...... Judgment Farah Mahbub J. - In this Rule, issued under Article 102 of the Constitution of the People’s Republic of Bangladesh, the respondents have been called upon to show cause as to why the decision of respondent no.3, communicated under memo no. IMED/CPIU/RP-01/90-2011/151 dated 10.02.20..

Category: Civil Law | Date: 29 May, 2011 | Hits: 21

Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)

....be elected in the manner as prescribed in the Rule. In the Insurance Rules there is no provision of election of directors of sponsor directors, so this silent aspect of Insurance Rules does not invalidate the provisions of Articles of Association for electing directors as any of the provision of the......ered the applications in both matter Nos.61 of 2010 and 62 of 2010, affidavits-in-opposition by respective parties and the Affidavits-in-Reply filed by the parties provision of law, decisions as referred to and heard the learned counsels for the contesting parties. 50. Both th..

Category: Company Law | Date: 26 May, 2011 | Hits: 9

Sk. Nurul Islam Vs. State, 2011, 40 CLC (HCD)

....1997. Judgment Afzal Hossain Ahmed J. - This appeal, at the instance of the convict, Sk. Nurul Islam @ Md. Nurul Islam, is directed against the judgment and order of conviction and sentence dated 11.9.1997 passed by the learned Divisional Special Judge, Khulna in Special Case No.38 of 1994...... the very root of the prosecution affecting jurisdiction of the Court and this defect is not curable under Section 537 of the Code of Criminal Procedure. This view of ours finds support from the decisions in the cases of Abdul Waal Vs. The State reported in 1962 PLD (Dhaka) 623, Gould Chan Dwar..

Category: Anti-Corruption Laws | Date: 19 May, 2011 | Hits: 157

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