Search Options
Judgment Advanced Search
Displaying 1081-1100 of 8156 results.
Jane Alam (Md.) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....ng marine fish products all over Bangladesh. In order to make further development and extension in his aforesaid business the petitioner purchased in auction sale, pursuant to a notice in this regard published in the Dally Star on 10‑3‑2003, a deep sea fishing trawler from the Bangladesh Navy at......ule was obtained by the petitioner on an application under Article 102 of the Constitution of the People's Republic of Bangladesh calling upon the respondents to show cause as to why the impugned orders vide Annexure-D and D‑1 dated 15‑7‑2003 and 6‑9‑2003 respectively refusing to accor......dance with law within 60 (sixty) days from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 305. ......rt High Court Division (Civil Original Jurisdiction) Present: Md. Joynul Abedin J Sharifuddin Chaklader J Jane Alam (Md.)...........................................Petitioner Vs. Government of Bangladesh and others..............Respondents Judgment A..Category: Admiralty Law or Maritime Law | Date: 10 Aug, 2004 | Hits: 4
State Vs. Md. Arab Ali, Ex-Manager, Rupali Bank and others, 2005, 34 CLC (AD)
....rt Division was in error in quashing the proceeding of the Special Case No. 12 of 1985 of the Court of Divisional Special Judge, Dhaka. Accordingly, the appeal is allowed. Ed. ......pondents. Judgment Md. Ruhul Amin J.- This appeal, by leave, has been filed against the judgment and order dated July 2, 1998 of a Division Bench of the High Court Division in Criminal Revision No. 345......cial Case No. 12 of 1985 of the Court of Divisional Special Judge, Dhaka. Accordingly, the appeal is allowed. Ed. ......ali Bank, a Nationalished Bank, Branch at Fakirapool, lodged first information report in the Motijheel Police Station against the respondent No.1 alleging forgery and mis‑appropriation of Bank money as well as committing of criminal breach of trust during the period from 25‑7‑1980 ..Category: Criminal Law | Date: 10 Aug, 2004 | Hits: 84
Ayub Ali Chowdhury Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....nbsp; ......retirement was imposed upon the petitioner without following the provisions of the Service Regulations, specially regulations 43 and 44, and also in violation of the principle of natural justice, the order imposing the penalty of compulsory retirement cannot be allowed to stand…......(14-15) ......; ......rt High Court Division (Special Original Jurisdiction) Present: ABM Khairul Haque J ATM Fazle Kabir J Ayub Ali Chowdhury............................................Petitioner Vs. Government of Bangladesh and others..................Respondents Judgment ..Category: Employment/Service Law | Date: 8 Aug, 2004 | Hits: 3
....rculate the judgment to all banks for guidance.
Parties are directed to bear their own cost.
Send down the records at once.
Ed.
This Case is also Reported in: 57 DLR (2005) 643.
...... bank would deem to be instituted by and against such bank.
19. On the basis of said notification Eastern Bank Limited got its name substituted in place of BCCI in the memorandum of appeal by an order dated 17‑12‑92. On behalf of such plaintiff bank, Mr. Syed Shahid Hossain, learned Advocat...... is dismissed.
Section 34, the Evidence Act, (I of 1872) 1872
Section 2(8), the Bankers Books Evidence Act, 1891 (Act No. XVIII of 1891)
Suit for recovery of bank dues
The entries in the books of account regularly kept by the bank in the course of business are no doubt relevant a......evidence to entitle the bank to charge any person with any liability and ultimately, to a decree against him. The bank must adduce independent evidence in corroboration thereof.
Documentation is one of the most important parts of the lending operation of a bank.
In case of need the realis..
Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4
SM Salim Vs. Chairman, Chittagong Club Ltd. and others, 2005, 34 CLC (AD)
....eads to support the allegation of the first party that the termination was, in fact, a victimisation for his trade union activities. These petitions are accordingly dismissed. Ed. ......ment of Labour (Standing Order) Act, 1965 (VIII of 1965), Sections 19 & 25 Section 25 of the Employment of Labour (Standing Order) Act, 1965 bars all or any complaints against the order of termination under section 19 even then the worker is authorised to claim relief available ......s. These petitions are accordingly dismissed. Ed. ...... Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J MA Aziz JAmirul Kabir Chowdhury J SM Salim .....................................................Petitioner Vs. Chairman, Chittagong Club Ltd. and others …….....Respondents&n..Category: Employment/Service Law | Date: 1 Aug, 2004 | Hits: 100
State Vs. Md. Amir Hamza, 2004, 33 CLC (AD)
....the discussion made above we do not find any substance in the leave petition. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 26. ......tion is a discretion of the Court. Exercise of such discretion cannot ordinarily be questioned. Of course, the discretion must be shown to have been exercised judicially. So judgement and order of the trial court refusing the prayer for withdrawal from the prosecution and affirming the s......tance in the leave petition. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 26. ......ellate Division (Criminal) Present: Syed JR Mudassir Husain CJ Md Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J State…………….................Petitioner Vs. Md. Amir Hamza…..........Respondent Judgment July 31, 2004. Re..Category: Criminal Law | Date: 31 Jul, 2004 | Hits: 115
Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)
....ellant. If no deposit is made within that period the appeal stands dismissed. Let the lower Courts records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 310. ......nce of the contract causes hardship on the defendant, which he did not foresee, whereas its non‑performance would involve no hardship to the plaintiff if the Specific Performance of Contract is not ordered. Further time is the essence of contract. The time was three months from the date of receivi......ds be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 310. ......sent: Md. Arayesuddin J S Rahman Miah J Dewan Abul Abbas………………………………………Petitioner Vs. Muna Haque and other…………………&hell..Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
.... are that in the Other Class Suit No.18 of 1980 the plaintiff Mossammat Anowara Begum stated that the suit land originally belonged to one Subarna Problia Biswas and the CS Khatian No.420 was finally published in her name. Subsequently, the suit property was put to auction in the Certificate Case No......urgaon in Title (Other) Appeal No.19 of 1992 the defendant-respondent has preferred this application under section 115(1) of the Code of Civil Procedure and obtained the instant Rule together with an order of stay of all further proceedings of the Title Execution Case No.5 of 1993 pending in the Cou......004. Result: The Rule is discharged. Easement Act (V of 1882); Section 60 Possession is the objective realisation of ownership. It is the de facto exercise of a claim to certain property and a de facto counterpart of ownership. Possession is a right in the de facto relation ...... Present: Abdus Salam Mamun J Nurul Haque (Md.) ……………………………………………Petitioner Vs. Anowara Begum and others…………………&..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
Chairman, RAJUK Vs. MN Alam and Associates Limited, 2004, 33 CLC (HCD)
....f stay granted at the time of issue of the Rule on 4‑9‑02 is recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 626. ......which the award may be set aside. The grounds are namely, (a) that an arbitrator or umpire has misconducted himself or the proceedings; (b) that an award has been made after the issue of an order by the Court superseding the arbitration or after the arbitration proceedings have become inva......s Case is also Reported in: 57 DLR (2005) 626. ......ure of the parties to concur in the appointment of an arbitrator, only course open to a party to the contract was to move the Court under section 8(1)(a) of the Act for appointment of an arbitrator. None of the parties has any right to appoint any arbitrator independent of the agreement and ask othe..Category: Arbitration Law | Date: 27 Jul, 2004 | Hits: 8
MM Ishak Vs. State and another, 2004, 33 CLC (HCD)
.... Nari‑o‑Shishu Nirjatan Daman Tribunal No. 4, Dhaka, is hereby quashed. Communicate this judgment to the concerned Tribunal at once. Ed. This Case is also Reported in: 56 DLR (2004) 516. ......eeding. 7. We have gone through the police report submitted under section 175 of the Code of Criminal Procedure, the statements of the witnesses recorded under section 161 of the same Code and the order of taking cognisance of the offence against the accused persons and considered the above submi...... 4, Dhaka, is hereby quashed. Communicate this judgment to the concerned Tribunal at once. Ed. This Case is also Reported in: 56 DLR (2004) 516. ...... 56 DLR (2004) 516. ..Category: Women and Children | Date: 25 Jul, 2004 | Hits: 156
Rajdhani Unnayan Kartipakhya (RAJUK) Vs. Jahanara Begum & others, 2004, 33 CLC (AD)
....ry 6, 2002 of a Division Bench of the High Court Division making the Rules absolute obtained in Writ Petition No. 3602 of 1999. The writ petition was filed impugning the notice dated September 2,1994 published by the RAJUK in the newspaper inviting application from affected persons for allotment of ......instructed by Md. Waliul Islam, Advocate‑on‑Record‑For the Petitioner. Not represented‑the Respondents. Civil Petition for leave to Appeal No. 1372 of 2002 (From the Judgment and order dated February 6,2002 passed by the High Court Division in writ Petition No. 3602 of 1999) ...... the High Court Division is modified as above. The petition is disposed of. Ed. This Case is also Reported in:......late Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tofazzul Islam J Rajdhani Unnayan Kartipakhya (RAJUK) represented by its Chairman ...... .........Petitioner Vs. Jahanara Begum and others ........Respondents Judgment July 21, 2004. ..Category: Property Law | Date: 21 Jul, 2004 | Hits: 133
Abdul Malek Sawdagar Vs. Md. Mahbubey Alam and others, 2004, 33 CLC (AD)
....rts concerned, which would independently dispose of the same on the materials, evidence in the suit and in accordance with law. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 18. ......dvocate, instructed by Serajur Rahman, Advocate‑on‑Record- For Respondent Nos. 1‑4. Dispensed with‑ Respondent Nos. 5‑ 7. Civil Appeal No. 38 of 2000. (From the judgment and order dated 25th April 1994 passed by the High Court Division in Appeal from Original Decree No. 266...... suit and in accordance with law. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 18. ......71 of 1987 for declaration of title to the disputed property and for declaration that order dated 30‑6‑1986 and 11‑6‑1987 are illegal, void and not binding upon them stating, inter alia, that one Yakub Seth on 24‑2‑1932 purchased the property in suit, got mutated his name and paid rent a..Category: Civil Law | Date: 20 Jul, 2004 | Hits: 160
....ion the Rule is discharged.
Sent down the Lower Court Records along with a copy of this judgment to the concerned court at once.
Ed.
This Case is also Reported in: 57 DLR (2005) 603.
......al‑ For Opposite Party No.1.
Criminal Revision No.714 of 2001.
Judgment
Md. Anwarul Haque J.- This Rule was issued calling upon the opposite party as to why the impugned judgment and order dated 26‑9‑2001 passed by the learned Metropolitan Additional Sessions Judge, 2nd Court, D......er Court Records along with a copy of this judgment to the concerned court at once.
Ed.
This Case is also Reported in: 57 DLR (2005) 603.
......eme Court
High Court Division
(Criminal Revisional Jurisdiction)
Present:
Md. Anwarul Haque J
Khalilur Rahman being dead his heirs Mrs. Nazma Begum and others...........Petitioners
Vs.
Md. Habibullah and another......................Opposite Parties
Judgment
..
Category: Banking Law, Criminal Law | Date: 19 Jul, 2004 | Hits: 3
M. A. Mazid and another Vs. The Chairman, Chittagong Port Authority and others, 2006, 35 CLC (AD)
....ed an affidavit-in-opposition stating, inter alia, that the Chittagong Port Authority realises berth hire/occupancy charges in pursuance of Notification No. CF & AO-IV (158) / 1197 dated 4-9-1986 published in the Bangladesh Gazette. Section 18 of the Chittagong Port Authority Ordinance 1976 empo......bsp; Habibul Islam Bhuiyan, Senior Advocate, instructed by Mahmuda Begum, Advocate-on-Record- Respondents Nos. 1-4. Civil Petition for Leave to Appeal No. 749 of 2004 (From the judgment and order dated 5th January 2004 passed by the High Court Division in Writ Petition No. 5806 of 1997).&n...... expunged. With above expunction of the redundant observation, this petition is dismissed. Ed. ......Civil) Present: Syed J. R. Mudassir Husain C J Mohammad Fazlul Karim J Amirul Kabir Chowdhury J M. A. Mazid and another………………..Petitioner Vs. The Chairman, Chittagong Port Authority and others…………..Respo..Category: Fiscal/Taxation Law | Date: 18 Jul, 2004 | Hits: 109
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
....‑11-51 said Sulaksman, Sudarshan and Sudhangsu transferred said 36 decimals of the suit land to the plaintiff and delivered possession. SA record of rights was accordingly prepared and finally published in her name and she possessed the suit land on payment of rents. As the defendant claimed ......rected her to make an application for possession. 8. Accordingly, the plaintiff made an application for recovery of possession which was registered as Title Execution Case No.01 of 2003. By order dated 21‑1‑2003 a Writ of delivery of possession was issued and same date the process serv......2005) 774. ......urt High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Huq J Zamini Bala Das..........................................Petitioner Vs. Abdul Aziz and others.................................Opposite Parties Judgm..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....ment of the High Court Division is not at all a proper Judgment of reversal. Accordingly, the same is liable to be interfered with. The appeal is thus allowed with cost. Ed. ......lationship of the parties from long before the transaction, the documents produced by the defendant No. 1, namely, the passport of his wife Exhibit Y(9), the certified copy of income tax assessment order Exhibit EE and other connected papers to arrive at a conclusion that the defendant No. 1 was ......with. The appeal is thus allowed with cost. Ed. ......nst the judgment and decree dated 18-4‑2000 passed by a Division Bench of the High Court Division in First Appeal No 92 of 1971 allowing the appeal. 2. Short facts are that, one Abdus Salam Chowdhury, the predecessor‑in‑interest of the respondents, instituted T..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Mukul Vs. State, 2004, 33 CLC (AD)
.... 22. In the background of our discussions made hereinabove as review cannot be granted for merely reexamination of the same argument, the petition for review is dismissed. Ed. ......dditional Attorney General, instructed by Md Wahidullah, Advocate-on‑Record‑For the Respondent. Criminal Review Petition No. 9 of 2004. (From the judgment and order dated April 10, 2004 passed by the Appellate Division in Criminal Petition for Leave to Appeal......be granted for merely reexamination of the same argument, the petition for review is dismissed. Ed. ......ate Division (Criminal) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzal Islam J Mukul …………….Petitioner Vs. State&he..Category: Criminal Law | Date: 10 Jul, 2004 | Hits: 100
Oriental Bank Ltd. Vs. Rina Alam and another, 2004, 33 CLC (AD)
....nsel for the petitioner to interfere with the impugned judgment of the High Court Division. This petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 51. ......ructed by Mvi. Md. Wahidullah, Advocate‑on‑Record ‑ For Respondent No. 1. Not represented‑Respondent No. 2. Civil Petition for Leave to Appeal No. 738 of 2004. (From the judgment and order dated 12th April 2004 passed by the High Court Division in First Appeal No. 96 of 2002). Ju......rt Division. This petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 51. ......) (2005) 51. ..Category: Civil Law | Date: 5 Jul, 2004 | Hits: 171
Roquib Mohammad Fakrul alias Rocky Vs. Md. Abdul Kashem & ors., 2004, 33 CLC (AD)
.... not find any error of law in the said judgment. For the reasons mentioned above, the appeal appears to be bereft of any sustenance. The appeal is, therefore, dismissed. Ed. ......d‑For‑ the Respondent No. 2. Not Represented ‑ Respondent No. 3‑5. Criminal Appeal No. 68 of 2003. (From the judgment and order dated 26‑8‑2003 passed by the High Court Division in Criminal Revision No. 657 of......ears to be bereft of any sustenance. The appeal is, therefore, dismissed. Ed. ......une 30, 2004. The Code of Criminal Procedure, 1898 (V of 1898), Section 526 Whenever both parties and most of the witnesses reside in one place within the jurisdiction of one court and the case originates within the jurisdiction of s..Category: Criminal Law | Date: 30 Jun, 2004 | Hits: 80
Hafez Abdus Salam Vs. Syed Fazlul Quader and another, 2004, 33 CLC (HCD)
....onnected Civil Rule 550(FM) of 2003 is accordingly, discharged with cost. Communicate the order at once. Ed. This Case is also Reported in: 57 DLR (2005) 640. ...........Respondent Judgment June 29, 2004. Result: The Appeal is dismissed. An application under Order XLI, rule 19 of the Code of Civil Procedure is not maintainable against an order rejecting a memorandum of appeal for non-supply of deficit court fees………&.................................Respondent Judgment June 29, 2004. Result: The Appeal is dismissed. An application under Order XLI, rule 19 of the Code of Civil Procedure is not maintainable against an order rejecting a memorandum of appeal for non-supply of deficit court fees&he......lowed the appellant time to file deficit court fees beyond the statutory period of 21 days as per the proviso to Order VII, rule 11 of the Code of Civil Procedure and rejected the memo of appeal. In none of the cases, whether or not such order rejecting a memorandum of appeal for non-supply of defic..Category: Civil Law | Date: 29 Jun, 2004 | Hits: 3
8897788938900110257889990308989594171558971317904373152631539000