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Nawabgonj Central Co-operative Bank Ltd. Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
.... some outstandings. The respondent No.5 being an arbitrator, made arbitration on 12-5-1989 and made no specific award but he ordered that the entire amount due would be repayable within 5 years in 10 installments, commencing from 1-7-1989 and there would be no penal interest on the loan (Annexure-A)......down the record of Money Execution Case No.4 of 1998 to the concerned Court at once, and the same will proceed in accordance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 46. ......id the loans to a great extent but still there were some outstandings. The respondent No.5 being an arbitrator, made arbitration on 12-5-1989 and made no specific award but he ordered that the entire amount due would be repayable within 5 years in 10 installments, commencing from 1-7-1989 and there ..Category: Civil Law | Date: | Hits: 70
Advocate Manzill Murshid and others Vs. Bangladesh, 2011, 40 CLC (HCD)
....mendation by the Parliamentary Sub-Committee on Law Justice Parliamentary Sub-Committee was published, without delay. Gobinda Chandra Tagore J. - I agree. Ed. This Case is also Reported in: ...... the Judges of the Supreme Court of Bangladesh, increased. They were also urged to take steps as per the report. 8. On 4.6.2009 the Secretary Ministry of Law, Justice and Parliamentary Affairs, on principle, endorsed the proposed sums and transmitted the same to the Ministry of Finance for their ......month in addition to which he receives 30% Judicial allowance at Tk. 10,680/= which bring his income to Tk. 46,280/- plus other allowances. District Judges posted in the Hill Tracts get an additional amount which enhance their income to taka. Tk. 49280/=. Hence, it is evident that the salary includi..Category: Constitutional Law | Date: | Hits: 413
....clared to have been passed without lawful authority and is of no legal effect.
Communicate a copy of the judgment.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
...... the parties can be reappraised in a proceeding under rule 42A of the Tenancy Rules. We are also unable to accept the contentions of Mr. Moinuddin that the writ petitioners’ appeals were hit by the principle of res judicata or that in obtaining orders in the appeals, they had committed fraud upon ......clared to have been passed without lawful authority and is of no legal effect.
Communicate a copy of the judgment.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
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Category: Property Law | Date: | Hits: 65
Sonali Bank and another Vs. Chandon Kumar Nandi, 1994, 23 CLC (HCD)
.... Judgment and decree passed by the learned District Judge are hereby set aside and those of the learned Assistant Judge are restored. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 330. ......t of Sonali Bank employee is contained in regulation 11(3) of the Sonali Bank Service Regulation and the manner of termination of temporary employment is contained in Regulation No.13. In view of the principle as laid down in the decision referred to above and in view of clear provisions as contai...... Judgment and decree passed by the learned District Judge are hereby set aside and those of the learned Assistant Judge are restored. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 330. ..Category: Labour and Industrial Law | Date: | Hits: 137
Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)
....in the CIB Report is malafide, arbitrary and without lawful authority. Mr. Akter Imam thereafter submitted that the petitioners have deposited an installment and now ready and willing to pay the rest installments as per terms and conditions of the offer of compromise and as such the inclusion of the......is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3.12.2000 is hereby vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 434. ......nks behind the back and knowledge of the petitioners. The respondent No.3 bank instituted Mortgage Suit No.21 of1990 in the Court of Subordinate Judge and Artha Rin AdalatNo.1,Chittagong, claiming an amount of Tk. 8,89,94,800.22/-against the petitioners and others. The petitioners duly appeared and ..Category: Civil Law | Date: | Hits: 112
Hachina Begum and others Vs. Abdul Mannan and others, 2010, 39 CLC (HCD)
....arisal in Title Suit No.23 of 1978 is set-aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 628. ......rther submits that the findings of the trial Court on the point of possession of the plaintiffs in the suit land is not only against the weight of evidence on record also contrary to the well settled principle of law inasmuch as admittedly in the present case the S.A. and R.S. record was prepared in......arisal in Title Suit No.23 of 1978 is set-aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 628. ..Category: Property Law | Date: | Hits: 146
Md. Sazzad Hossain Vs. M/S. Kaderia Publication and another, 2006, 35 CLC (HCD)
....f this court to the learned Joint District Judge, Additional Artha Rin Adalat No.2, Dhaka, for his information and necessary action. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 170. ......be borne in mind that generally local investigation by an advocate commissioner is allowed to relay any land or property in order to determine the location of the suit property. It is the established principles of law that the court is required to dispose of the local investigation matter before pos......: In any suit in which the court deems a local investigation to be requisite or proper for the purpose of elucidating any matter in dispute or of ascertaining the market value of any property, or the amount or any mesne profits or damages or annual net profits, the court may issue a commission to su..Category: Property Law | Date: | Hits: 84
Md. Fazlul Haque and others Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
....directed not to evict the petitioners from the plot in question until a new plot is allotted and handed over in their favour. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ......in favour of Kofiluddin was subsequently cancelled by the Memo dated 19.12.1996 and therefore, issues in both the writ petitions are virtually same and as such the instant writ petition is hit by the principle of res judicata. Mr. Ahmed further submits that the writ petitioners obtained Rule in the ......lock-Ka, Section-6, Mirpur, Dhaka measuring 200 square yards of land or thereabout by a letter of allotment dated 17.2.1994. On receipt of the said letter of allotment, she deposited the full premium amounting to Taka 9,000/- (nine thousand) only on 20.2.1994 by treasury chalan No.ঠ/১-৪.Therea..Category: Property Law | Date: | Hits: 82
Md. Omar Faruque Vs. State and another, 2007, 36 CLC (HCD)
....enal Code now pending in the Court of the Magistrate, 1st Class, Kushtia is quashed. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 318. ......alleged but there is either no legal evidence adduced in support of the case or the evidence adduced clearly or manifestly fails to prove the charge. 12. From a plain reading of those well settled principles of law, it appears to us that the principles enunciated in the said decision in no way he...... inducement as well as misappropriation of company's money against the accused petitioner and in that view of the matter, continuation of the impugned proceeding against the accused petitioner is tantamount to an abuse of process of the Court. Thirdly, he submits that after submitting resignation..Category: Criminal Law | Date: | Hits: 92
Badsha Alam Vs. State, 2006, 35 CLC (HCD)
.... Badsha Alam who was the then Chairman of No.8 Sreepur Karandwip Union Parishad as Chairman of the Project. 3. It is further stated that the accused Badsha Alam withdrew 240 mounds of wheat in two installments but he did not perform any construction work in utilization of the aforesaid amount of ...... own personal use without performance of any reconstruction work under the project has no value in the eye of law unless the allegations are substantiated by credible evidence. 18. The established principle of criminal jurisprudence is that the prosecution is to prove its case beyond all reasonab......n of the Project. 3. It is further stated that the accused Badsha Alam withdrew 240 mounds of wheat in two installments but he did not perform any construction work in utilization of the aforesaid amount of wheat valued at Taka 43,200/=, but on final survey it was detected that there had been per..Category: Criminal Law | Date: | Hits: 76
Md. Arfan Khan Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....erit in the Rule. Accordingly the Rule is discharged. Stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ......ing him any opportunity of being heard cancelled his license forfeiting the security money in utter violation of section 14 (1) of the Ordinance. The impugned order having been passed in violation of principle of natural justice is without lawful authority. 5. In course of hearing, Mr. A. M. Amin......erit in the Rule. Accordingly the Rule is discharged. Stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 407
Md. Shawkat Ali Vs. Director General and others, 2010, 39 CLC (HCD)
....salaries from the month of May, 2005 as shown in the Monthly pay Order of May, 2005 and onward. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 303. ......ts that although the stoppage of payment of the Government portion of the salary is a punishment but before imposing such punishment the respondents did not issue any notice thereby they violated the principle of natural justice. The decision of withholding the payment of Government portion of salar......salaries from the month of May, 2005 as shown in the Monthly pay Order of May, 2005 and onward. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 303. ..Category: Employment/Service Law | Date: | Hits: 119
Md. Rakibul Islam and others Vs. Anwar Hossain and another, 2009, 38 CLC (HCD)
....as been discharged so the connecting rule in C. Rule No.551(R) of 1999 is also discharged. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 395. ......uit land under law. It appears this is not the case of either of the parties and as such this finding is, in my opinion, unwarranted in the facts and circumstances of the case. 10. The established principle of law, in a suit for Specific Performance of Contract, is that the plaintiff is to prove ......as been discharged so the connecting rule in C. Rule No.551(R) of 1999 is also discharged. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 395. ..Category: Property Law | Date: | Hits: 103
Md. Akkas Ali Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....case, we find no merit in the Rule. The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 390. ......nstitution. 18. As to the decision in the case of Abdul Awal Talukder Vs. Government of Bangladesh & others reported in 25 BLD (AD) 152, it has been held in paragraph 6: "6. It is a settled principle of law enunciated in the case of Golam Murtaza Bhuiyan and others Vs. Bangladesh reported ......case, we find no merit in the Rule. The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 390. ..Category: Administrative Law | Date: | Hits: 261
Mostafizur Rahman (Md.) Vs. State, 1993, 22 CLC (HCD)
....ence that my be passed against him. Let the records of the case be sent down expeditiously with a copy of this Judgment and order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 422. ......calling the P.Ws. to give an opportunity to the accused for cross‑examining them and the said prayer was also rejected by the learned Special Judge without assigning any reason in violation of the principles of natural justice. Even in application for staying the proceedings of the case for a few......ase, in short, is that one Md. Ismail Mandal (since dead) Deputy Director of Social Welfare Department, Rangpur filed a petition to the Inspector DAB, Rangpur alleging, inter alia, that a bill for an amount of Taka 15,085.00 was sanctioned as grant for the Taraganj Social Welfare Office signed by Mr..Category: Criminal Law | Date: | Hits: 110
Doon Valley Rice Limited Vs. MV Yue Yang and others, 1996, 25 CLC (HCD)
.... well as the application for the return of the plaint are rejected. And the suit is held to be maintainable in Admiralty Jurisdiction. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 531. ......ould not dismiss a suit on the ground that the plaint was not duly signed and verified, for such a defect does not affect the merits of the case or the jurisdiction of the Court.” In view of the principles laid down in the aforesaid reported decisions it can be said that the defect or irregular......at sight through PL Bank Negara Indonesia (Persero), Hongkong Branch, for US$ 444,000 for the import of 2000 Metric Tons of, Indian Origin Non‑Bashmoti Fine Rice. Subsequently, by amendment, the LC amount was increased to US$ 4,80,000.00 and it was made transferable. The defendant No.6, the origin..Category: Admiralty Law or Maritime Law | Date: | Hits: 258
Shahinur Begum Vs. Md. Minarul Islam Mondol @ Miton, 1997, 26 CLC (HCD)
....reed. The order of stay granted earlier is hereby vacated. No order as to costs. Send down the records of the Courts below at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 567. ......bours from childhood of them. Trial Court after vivid discussion of the evidence on record, both oral and documentary, believed the case of the plaintiff and decreed the suit. 6. It is the settled principle of law that trial Court always has an opportunity to consider the litigation from a very c......e absolute. Enhancement or reduction of dower Dower fixed on the basis of Kabinnama between the parties cannot either be enhanced or reduced and oral evidence cannot be accepted to reduce the amount. Only wife can remit the dower or part thereof in favour of the husband…………………..Category: Family Law | Date: | Hits: 122
Shahid Mia and another Vs. State and another, 2007, 36 CLC (HCD)
....lants are released from their respective bail bonds. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 303. ......s under Section 342 of the Code the razor was not put to them as a circumstance. Thereby the accused appellants were not given any chance to explain my circumstance against them. It is an established principle of law that an examination of an accused under Section 342 of the Code is not an idle form......at about 5:00 p.m. sold an ox for a sum of Tk.14,700/-only to one Hazi Md. Nazimuddin of village Tarapasha, Boila and the informant had also carried with him a sum of Tk.2,300/- and thus having total amount of Tk.17,000/- they started for home and at about 9:00 p.m. while they reached at Battala nea..Category: Criminal Law | Date: | Hits: 83
Md. Arman Hossain (Chairman) Vs. State, 2010, 39 CLC (HCD)
.... order of stay granted at the time of the issuance of the rule shall stand vacated. Communicate the order to the court concerned. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 495. ...... order of stay granted at the time of the issuance of the rule shall stand vacated. Communicate the order to the court concerned. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 495. ......, Kushtia. At Chittagong, the accuseds Nos.1 and 4 have signed the delivery chalans acknowledging receipt of the said goods. The accused paid Tk. 50,000/- to the complainant, but did not pay the rest amount of Tk. 18,19,910 and this amount remained unpaid. The said goods were taken to Kushtia and st..Category: Criminal Law | Date: | Hits: 116
Ahmed Akbar Sobhan Vs. State, 2011, 40 CLC (HCD)
....s discharged from his bail bond. Send down LCR and a copy of the Judgment to the trial Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ......s discharged from his bail bond. Send down LCR and a copy of the Judgment to the trial Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ...... his contention. 15. Mr. Md. Shohrawardi, the learned Deputy Attorney-General for the State, on the other hand, submits that the convict-petitioner including others kept in their possession a huge amount of foreign currencies without any lawful authority and the convict petitioner and others fa..Category: Criminal Law | Date: | Hits: 109
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