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Serajul Islam Vs. State, 1996, 25 CLC (HCD)
....w detained in Dhaka Central Jail be set at liberty at once if not wanted in any other matter. The Rule is accordingly made absolute. Ed. This Case is also Reported in:49 DLR (HD) (1997) 209. ...... made absolute. Cases Referred to- Abdul Latif Mirza Vs. Bangladesh, 31 DLR (AD) 1; Jahanara Begum Vs. State, 46 DLR 107; Hasina Karim Vs. Bangladesh, 44 DLR 366; Yeasmin Akhter, 15 BLD 655; IskandarLashker, 47 DLR 12. Lawyers Involved: Moudud Ahmed with S. M. Emdadul Hoque, Advocates â€......the order of detention of the detenu Shazzad Hossain on three grounds:- ÂFirstly, the grounds as mentioned in Annexure‑B, are all vague and indefinite which has prejudiced the detenu in submitting proper and effective representation before the Advisory Board. His second contention is that in the ......w detained in Dhaka Central Jail be set at liberty at once if not wanted in any other matter. The Rule is accordingly made absolute. Ed. This Case is also Reported in:49 DLR (HD) (1997) 209. ..Category: Criminal Law | Date: | Hits: 127
....roper appreciation of law and fact do not call for interference.
Accordingly, the Civil Petition for Leave to Appeal is dismissed.
Ed.
This Case is also Reported in: 32 BLD (AD) (2012) 208.
......p;
Syed Mahmud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
International Finance, Investment And Commerce Bank Ltd. (IFIC Bank Ltd)….......Appellant
Vs.
Abdur Rahman and Others……………………………..Respondent
Judgment
April 8, 2012.
Result:
...... it sanctioned a loan of Tk.1,00,000/-. The time of repayment of the loan was up to 30.12.1987. Defendant No.1 executed all the charge documents in favour of the bank and defendant No.2 mortgaged his property as described in the schedule to the plaint as the guarantee of the loan. In addition to abo......roper appreciation of law and fact do not call for interference.
Accordingly, the Civil Petition for Leave to Appeal is dismissed.
Ed.
This Case is also Reported in: 32 BLD (AD) (2012) 208.
..
Category: Civil Law | Date: | Hits: 174
Dulal Howlader & others Vs. State, 1995, 24 CLC (HCD)
....so the delivery of possession of goods to the offender. The actual delivery of possession of property by the person put in fear is the essence of the offence of, extortion and the offence will not be complete before such delivery. 17. With regard to the actual incident there are two eye‑witness...... Abdur Rouf, Assistant Attorney-General - For the State. Criminal Appeal No.897 of 1993. Judgment K M Hasan J.- This appeal at the instance of the appellants is directed against the Judgment and order dated 15.5.93 passedby the learned Special Tribunal Judge No.3, Barisal, in Special Tribun......es against all the three accused appellants under section 387 of the Penal Code. 4. The defence case is that the appellants are innocent and falsely implicated out of prior enmity over some landed property. 5. At the trial the prosecution examined 9 witnesses including the police officer who s....... However, the accused may be prosecuted, if the prosecution so desires, under the normal law of the country. Send down the record. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 269. ..Category: Criminal Law | Date: | Hits: 132
Bangladesh Power Development Board Vs. Sonali Bank and others, 1982, 11 CLC (HCD)
.... upon its special facts and must be determined upon its own circuÂmstances. There can be no hard and fast rule in determining a simple question of fact as this.” We find ourself, with respects, in complete agreement with this observation. In the preÂsent case the petitioner has examined the AdÂ......ch) (Civil Appellate Jurisdiction) Present: Amirul Islam Chowdhury J Md. Altaf Hosssain J Bangladesh Power Development Board………………………Appellant Vs. Sonali Bank and others……………………Respondent Judgment June 30, 1982. Result: The appeal......missed the Misc. Case. The appeal is, therefore, dismissed withÂout any order as to costs. Amirul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 157. ......missed the Misc. Case. The appeal is, therefore, dismissed withÂout any order as to costs. Amirul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 157. ..Category: Procedural Law | Date: | Hits: 143
Hanif Chowdhury alias Serajul Islam Chowdhury Vs. Mohammad Hasan Ali and another, 2007, 36 CLC (HCD)
....tay granted by this Court dated 2.9.1992 is hereby vacated. The officer is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 415. ......e Court High Court Division (Civil) Present: Shahidul Islam J Hanif Chowdhury alias Serajul Islam Chowdhury………………………Defendant-Petitioners Vs. Mohammad Hasan Ali and another………………………………Plaintiff-Opposite Parties Judgment March 22, 2......learned Assistant Judge, 5th Court, Dhaka in Title Suit No.244 of 1999 decreeing the suit should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule are that the suit land belonged to the minor d......tay granted by this Court dated 2.9.1992 is hereby vacated. The officer is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 415. ..Category: Civil Law | Date: | Hits: 129
Md. Abdul Hye and others Vs. State, 2005, 34 CLC (HCD)
....bu Zafor Siddiky alias Akhter who are currently on bail are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 403. ......Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 403. ......ption Act, 1947 (Act No. II of 1947); section 5(2) To establish the charge under clause (c) of sub-section 5, the prosecution firstly is to prove that the accused had dominion or control over the property which was also entrusted on him and he dishonestly or fraudulently misappropriated or conve......bu Zafor Siddiky alias Akhter who are currently on bail are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 403. ..Category: Criminal Law | Date: | Hits: 109
Mongal Paita Perkhiddah College Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....d to pass a reasoned order within 1(one) month from the date of receipt of a copy of this Judgment. There is no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 481. ...... Original Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Mongal Paita Perkhiddah College………………………….Petitioner Vs. Government of Bangladesh and others…………………………………Respondents Judgment April 23, 2007. Resul......ioner (Annexure- E) should not be declared to have been passed without lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper: 2. The facts leading to the issuance of the Rule, in brief are: 3. On 01.06.2005, the ......d to pass a reasoned order within 1(one) month from the date of receipt of a copy of this Judgment. There is no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 481. ..Category: Others | Date: | Hits: 112
Md. Abdul Quddus and another Vs. State, 2005, 34 CLC (HCD)
....other case and the accused Md. Rafiqul Islam who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 470. ......d down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 470. ......nd analyse the evidence whether the decision taken by the appellate Court caused any miscarriage of justice. 18. We are now called upon to scrutinize the material evidence on record to arrive at a proper decision in this case. 19. Prosecution has examined 9 witnesses P.W.1 Janab Ali deposed th......other case and the accused Md. Rafiqul Islam who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 470. ..Category: Criminal Law | Date: | Hits: 119
Mrs. Hasina Shams Vs. IFIC Bank Ltd. & Others, 2005, 34 CLC (HCD)
....tioned in the schedule of the plaint as Security for the loans and the defendant No.5 also created 2nd charge on his residential house situated at Dhanmondi Residential Area; that the defendant No. 1 completed its projects but failed to liquidate its dues despite repeated requests through letters an......IFIC Bank Ltd. & Others………….....Respondents Judgment July 30, 2005. Result: The petition is dismissed. Case Referred to: Guhlam Rahman vs. National Bank Ltd. and others 16 BLD (AD) 250. Lawyers Involved: Nurul Islam Bhuiya, Advocate-on-Record - F......r of the plaintiff bank for repayment of the above loans, being Director of the defendant No. 1 the defendant Nos.7-9 apart from executing personal guarantees also created equitable mortgage of their properties as mentioned in the schedule of the plaint as Security for the loans and the defendant No......aw involved made the Rule absolute and there is no material on the record to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 174...Category: Civil Law | Date: | Hits: 122
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....titioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357.......sh Vs. Saifuddin Ahmed, 50 DLR (AD) 27; 3 BLC (AD) 6. Lawyers Involved: M Amir-ul Islam, Advocate - For the Petitioner AM Aminuddin, Assistant Attorney-General - For the Respondent Nos. 1, 5 and 6. Mahmudul Islam, Advocate - For the added-Respondent Nos. 7-10. Abdur Rab Chowdhury, Adv......ustoms and Excise) Cadre and if so how should their seniority be determined. After receiving the reply from the Ministry of Establishment a final decision could be made about these officers on making proper evaluation about their performance whilst under deputation.” 13. A copy of the minutes o......titioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357...Category: Employment/Service Law | Date: | Hits: 186
Bangladesh Vs. CMA CGM Bangladesh Shipping Limited, 2009, 38 CLC (AD)
....the order dated 01.12.2008 passed by the High Court Division in Writ Petition No.9537 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 673. ...... (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Bangladesh repreÂsented by the Secretary, Ministry of Finance and others……..Petitioners Vs. CMA CGM Bangladesh Shipping Limited……………...R......10.2008 giving reasons as to why the licence should not be revoked. Such reaÂsons included, inter alia, the fact that the customs agents licence was issued by the licensing authority after following proper and lawful procedures as set out in the Customs Act and the 1986 Rules and that there is no p......the order dated 01.12.2008 passed by the High Court Division in Writ Petition No.9537 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 673. ..Category: Administrative Law | Date: | Hits: 318
Bangladesh Water DevelopÂment Board Vs. Zakir Construction and Co. and another, 1995, 24 CLC (HCD)
....f bills arose and the parties agreed to settle the dispute through arbitration and accordingly, Mr. Justice Maksum-ul‑Hakim was appointed the sole arbitrator. The proceedings, however, could not be completed because of adjournments and other reasons. On 24‑1‑94 opposite party No.1 Zakir Constr...... Division (Civil Revisional Jurisdiction) Present: Md. Abdul Karim J Syed Amirul Islam J Bangladesh Water DevelopÂment Board....................Petitioner Vs. Zakir Construction and Co. and another.....................Opposite Parties Judgment November 16, 1995. Result......lication before the learned Subordinate Judge (Annexure‑A) asserting that Mr. Moksudur Rahman, having resigned as a Judge before his confirmation and being a practicing lawyer since then, was not a proper person for appointment as an arbitrator and that this appointment of Mr. Maksudur Rahman by t......re of justice. In the result, the Rule is discharged without any order as to costs. Send a copy of the order to the Court once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 261. ..Category: Alternative Dispute Resolution | Date: | Hits: 521
British Airways Plc. Vs. Bangladesh Air Services Pvt. Ltd., 1996, 25 CLC (HCD)
....e, Dhaka, in Arbitration Misc. Case No.368 of 1994/37 of 1994 is set aside. Send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 249. ...... Bangladesh Air Services Pvt. Ltd..................Opposite Party Judgment February 8, 1996. Result: The rule is made absolute. Cases Referred to- Michael Golodetz Vs. Serajuddin and Co., AIR 1963 (SC) 1044; Rabindra N. Maitra Vs. Life Insurance Corporation of India, AIR 1964 (C......e to termination by 30 days notice on ether side. By a letter dated 15‑1‑94 Bangladesh Air Services Pvt. Ltd. informed the Manager of the Petitioner in Bangladesh about a dispute from unjust or improper interference by the latter causing substantial financial loss to well over taka twenty‑five......od reasons to stay the proceedings in the Admiralty Division of the High Court. 12. Mr. Shamsuddin Chowdhury, learned Advocate for petitioner British Airways, has argued that in this reported case adjudication in Russian Court as per stipulation was rejected, because the Russian element in the di..Category: Alternative Dispute Resolution | Date: | Hits: 304
Khorshed Alam Vs. State & others, 1982, 11 CLC (HCD)
....ccordance with law. In the result, the rule is made absolute. Send down the record at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 401.......¦Petitioner Vs. The State & others…………………………Opposite-Party Judgment November 2, 1982. Result: The rule is made absolute. Cases Referred to- Suruj Meah and others Vs. Rahim Ullah and others, 33 DLR 8. Lawyers Involved: Md. Abdus Sobhan with Khan ......ction to entertain the same. 6. Mr. Moazzem Hossain, the learned Deputy Attorney General has appeared on behalf of the state. He submits that the order passed by the learned Sessions Judge was not proper and legal one. According to him the learned Sessions Judge ought to have accepted the Narazi ......ccordance with law. In the result, the rule is made absolute. Send down the record at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 401...Category: Procedural Law | Date: | Hits: 100
M/s Shorhab Vegetable Oil Refinery Limited Vs. Artha Rin Adalat and others, 2007, 36 CLC (HCD)
.... by any competent agency in presence of both the parties. 9. The stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 537....... (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Abu Tariq J M/s Shorhab Vegetable Oil Refinery Limited……………………….Petitioner Vs. Artha Rin Adalat and others………………………Respondents Judgment August 14, 2007. Result: The r......er the provision of sub-section (2) of section 12 of Artha Rin Adalat Ain, 2003. In this circumstances, considering the submission of the learned advocate for the plaintiff-respondent No.2 we find it proper and necessary also to direct the Artha Rin Adalat concerned to pass necessary order for selli...... by any competent agency in presence of both the parties. 9. The stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 537...Category: Civil Law | Date: | Hits: 120
Mst. Fatema Begum and others Vs. AKM Gyasuddin Sarder and others, 2007, 36 CLC (HCD)
....granted in the rule, and extended subsequently is here by recalled and vacated. Send down the L.C. Record and communicate the order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 534....... and communicate the order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 534.......No.1 purchased .78 decimals of land under S.A. Plot No.10, and he subsequently sold some portions of his purchased land to the other co-plaintiffs and all the plaintiffs are in possession of the suit property, described in the schedule of the plaint measuring .78 decimals and while they were in poss......granted in the rule, and extended subsequently is here by recalled and vacated. Send down the L.C. Record and communicate the order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 534...Category: Procedural Law | Date: | Hits: 97
Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....le. 38. In Naigar Timapa Vs. Bhaskar Parmaya and another (Supra) it has been held: Under section 316 of the Civil Procedure Code (Act X of 1877) the title of a purchaser at a Court sale becomes complete upon his payment of the purchase-money and confirmation of the sale by the Court. When the ......: 15 BLT (HCD) (2007) 506; 13 BLC (HCD) (2008) 1. ......First Court of Subordinate Judge, Dhaka seeking, following relief's: a. A decree may be passed in favour of Plaintiff and against Defendants, by confirming, possession of Plaintiff on "A" schedule property. b. A decree for recovery of khas possession may be passed in favour of Plaintiff and ag......ed, and, as such, it stands discharged for non-prosecution. No cost. Lower Courts Records are sent down. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 506; 13 BLC (HCD) (2008) 1. ..Category: Procedural Law | Date: | Hits: 108
....oner is not entitled to the relief sought in the writ petition.
In the result the Rule is discharged without any order as to costs
Ed.
This case is also Reported in: 49 DLR (HCD) (1997) 321.
......ginal Jurisdiction)
Present:
Md. Ruhul Amin J
Zakir Ahmed J
Anwar Hossain (Md.)…………………….Petitioner
Vs.
Secretary, Ministry of Finance, (Internal Resources Division) and others………….…….Respondents
Judgment
March 20, 1994.
Result:
The Rule is d......Act, 1944 for the remedy thereof. The Assistant Collector of Customs and Excise, Jessore vide his order dated 3‑9‑1986 held that the demand of Customs and Excise, Circle‑I, Jessore was just and proper and the petitioner was directed to deposit arrear of tax with interest without further delay....... 1991 (Dhaka).
Judgment
Zakir Ahmed J.- This Rule arises out of an application under Article 102(2)(a)(ii) of the Constitution of the People's Republic of Bangladesh challenging the legality of adjudications made by the Assistant Collector of Customs and Excise, Jessore; Collector of Customs a..
Category: Fiscal/Taxation Law | Date: | Hits: 278
Zafar Ali (Md.) Vs. Md. Momtaz Hasan & others, 1997, 26 CLC (HCD)
....ause die deed of reconveyance was a separate one. It is also found in that decision of 32 DLR (AD) 223 that the transfers of present nature accompanied by separate deeds of agreement to reconvey is a complete usufructuary mortgage for 7 years. This decision has got support as well from the decision ......Vs. Md. Momtaz Hasan & others……………………………Opposite Party Judgment February 19, 1997. Result: The Rule is made absolute. Cases Referred to- Abdul Kader and another Vs. Abdul Aziz, 19 DLR 404; Nuruddin Ahmed Chowdhury Vs. Gunnu Meah represented by the A......ich is as follows: "Any document not itself creating, declaring, assigning, limiting or extinguishing any right, title or interest of the value of one hundred rupees and upwards to or in immovable property, merely creating a right to obtain another document which will, when executed, create, decl......hose of the trial Court are restored. The suit is decreed. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 319. ..Category: Property Law | Date: | Hits: 117
Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)
.... 21.03.2005. Copy of the notice has been marked as Annexure-'B'. Under the provisions 10(2) of the National University Employees (Discipline and appeal) Regulations, a disciplinary proceeding must be completed within 180 days. Clause 10 of the service Regulations reads as follows:- “১০। ŕ......sent: Md. Abdul Matin J ATM Fazle Kabir J Md. Zulfikar Mahmud………………………Petitioner Vs. The National University, Gazipur represented by the Vice-Chancellor, Gazipur-1706 and others…………………………Respondents Judgment April 18, 2006. Result: The......awn up as yet and the time for concluding the proceeding is 180 days under Regulation No.10 which have elapsed long before filing this writ petition as such the impugned orders are mala fide, without proper application of mind and thus not sustainable in law. The learned Advocate referred two other ......vice and to implement this order as per rules within 30 days from the date of receipt the copy of this Judgment and report compliance. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 51. ..Category: Employment/Service Law | Date: | Hits: 165
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