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Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)

.... defendant. Defendant No.1 on 19-7-1986 applied to this defendant for second charge with the plaintiff and this defendant by letter dated 31-8-1986 gave approval. Defendant No.1 did not repay monthly installments of this defendant. This defendant on 30-6-99 instituted Miscellaneous Case No.16 of 200......ngladesh Food Products Limited Vs. National Bank Limited reported in 13 MLR 253 where it has been held that:- "The High Court Division observed that the Artha Rin Adalat Ain, 2003 is guided by the principles of the Code of Civil Procedure whereby 50% deposit of the decreetal amount to prefer an a......gainst the proforma defendant on contest and ex-parte against defendant No.1 and 2. It has been directed that defendant No.1 and 2 would pay the money within 1-2-2002 and if they did not pay the said amount, then till realization of the money they would pay 15% interest and also directed that from t..

Category: Civil Law | Date: | Hits: 156

Trading Corporation of Bangladesh Vs. Commissioner, Customs, Excise and VAT Commissionarate and others, 2010, 39 CLC (HCD)

....und of the claimed amount of the petitioner forthwith preferably within 1(one) month from the date of receipt of this order positively. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 471.......und of the claimed amount of the petitioner forthwith preferably within 1(one) month from the date of receipt of this order positively. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 471.......stance of the petitioner, Trading Corporation of Bangladesh, (TCB) this Rule Nisi was issued calling upon the respondents to show cause as to why the refusal of the respondents in refunding the money amounting to Taka 43,81,416 which was 5% of the demand No.2/2002 dated 7-10-2002 deposited as per se..

Category: Fiscal/Taxation Law | Date: | Hits: 323

Khaled Akbar Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)

....stice calling for our interference by this Court in these cases. Consequently these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 66. ......stice calling for our interference by this Court in these cases. Consequently these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 66. ......­nance. 3. The Government as well as the requiring body appeared and challenged the assessment of com­pensation as inflated and high. Both the opposite parties submit that under an agreement the amount of compensation was reduced to Tk. 22 lakhs and the amount having been accepted on agreement ..

Category: Alternative Dispute Resolution | Date: | Hits: 280

Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)

....ed, the question of amendment of the plaint does not arise. Hence the connected rule is also dis­charged without any order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 60. ......y contested the suit by filing a written statement, inter alia, on the grounds that the suit is not maintainable under sec­tion 42 of the Specific Relief Act, that it is barred by limitation and the principle of estoppel, waiver and acquiescence and the plaintiff has got no cause of action. The def......ed, the question of amendment of the plaint does not arise. Hence the connected rule is also dis­charged without any order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 60. ..

Category: Employment/Service Law | Date: | Hits: 175

Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)

....e Suo Motu Rule No. 47/89 is also dis­charged. Let a copy of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ......e Suo Motu Rule No. 47/89 is also dis­charged. Let a copy of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ...... however, provides that the Court may take the confession into consideration and thereby, no doubt, make it evidence on which the Court may act; but the section does not say that the confession is to amount to proof. Clearly there must be other evidence. The confession is only an element in the cons..

Category: Criminal Law | Date: | Hits: 127

State Vs. Jahaur Ali & Others, 1987, 16 CLC (HCD)

....rejected and case is sent back on remand to trial Court for holding the trial of the case in the light of the observations made above. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 94. ......soners are fugitive from justice. 10. We find much force in the contention put forward by the learned counsel for defence. We are one with the view of the learned counsel for defence that cardinal principle of criminal law is that an ac­cused in a trial facing capital charge cannot be denied of ......i and Sheer Mahmud and Muslim's fa­ther Jan Mohammad and Jahur Ali called Jalil's elder brother Saburuddin from village Kalamati to village Bhothat at about 12' o clock and asked him to realize that amount of Taka 55/- from Jalil and hand over the same to Muslim and over that matter there was some ..

Category: Criminal Law | Date: | Hits: 107

Md. Nasir Vs. State, 1989, 18 CLC (HCD)

....t a copy of the judgment be served on the learned Deputy Attorney-General, Comilla for infor­mation and taking necessary action, if any. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 89.......t a copy of the judgment be served on the learned Deputy Attorney-General, Comilla for infor­mation and taking necessary action, if any. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 89.......s murdered by some unknown assailant. 13. P.W.1 Mosa Mia brother of appellant Nasir stated in his evidence that after having sold the cow appellant Nasir kept with himself Tk.10/- and the balance amount was handed over by him to his father deceased Nona Mia and thereafter they took tea at Sonadi..

Category: Criminal Law | Date: | Hits: 117

Muktar Hussain Khan Vs. Suresh Chandra Dey & Others, 1989, 18 CLC (HCD)

.... provision of Order 41, rule 27 of the Code of Civil Procedure. The Rule is, therefore, made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 86. ...... provision of Order 41, rule 27 of the Code of Civil Procedure. The Rule is, therefore, made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 86. ...... of the plaintiff. As per terms of the Bainapatra when the plaintiff offered to pay Tk.1, 000/-and demanded the execution of the sale deed, the defendant claimed Tk. 5,000/- as bal­ance, and if that amount was not paid, he refused to execute and register the sale deed. 3. Defendant No.1 filed wr..

Category: Civil Law | Date: | Hits: 133

Abdul Khaleque & others Vs. Siddiqur Rahman & others, 1987, 16 CLC (HCD)

....e above discussion, I do not find any substance in this appeal. I dismiss the appeal. However, there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 29. ......Ashfaqul Hossain, Dalai, J. has held that the court would refuse to accept com­promise if the result of the compromise would be to deprive the other defendants of the fruit of their success. But the principle of law enunciated in that case has little application to the facts of the instant case. In......e above discussion, I do not find any substance in this appeal. I dismiss the appeal. However, there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 29. ..

Category: Property Law | Date: | Hits: 109

Rafiqul Islam & another Vs. Abul Kalam & others, 1988, 17 CLC (HCD)

....le is discharged with­out any order as to costs and the suit is restored to its file and number and the order impugned is af­firmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 19. ......ssed for non-payment of paper book cost can be restored by invoking the power under section 151 of the Code." The facts of that case are also somewhat similar to the facts of the instant case. The principle of law enunciated therein, therefore, also supports the view I have taken above. The re......le is discharged with­out any order as to costs and the suit is restored to its file and number and the order impugned is af­firmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 19. ..

Category: Criminal Law | Date: | Hits: 85

Lal Mia Vs. State, 1989, 18 CLC (HCD)

....n fil­ing the appeal and decide the matter on merits in the best way the court would deem fit and proper. Send down the records at once. Ed. This Case is also Reported in: 42 DLR (1990) 15. ......not pro­vided any special limitation for appeal in case of such trial in absentia, as if held ex parte by commit­ting fraud upon the court by suppressing notice, it would be in consonance with the principle of natural justice that in such an appeal time would run from the day of appellant's knowl......n fil­ing the appeal and decide the matter on merits in the best way the court would deem fit and proper. Send down the records at once. Ed. This Case is also Reported in: 42 DLR (1990) 15. ..

Category: Procedural Law | Date: | Hits: 122

Amalendu Majumder Vs. State, 1996, 25 CLC (HCD)

....rned Magistrate is directed to proceed with the case in accordance with law. Send a copy of this order to the lower Court at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 204. ......rned Magistrate is directed to proceed with the case in accordance with law. Send a copy of this order to the lower Court at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 204. ......tioner for reconstruction of an iron bridge adjacent to Kundudaskati Government Primary School. It is alleged that the petitioner completed work upto Taka 34,491.00 and misappropriated the remaining amount of Taka 25,503.00 in his capacity as the Chairman of the Project Committee. On this allegatio..

Category: Criminal Law | Date: | Hits: 97

Crescent Jute Mills Company Ltd. Vs. Chairman, Labour Court and another, 1996, 25 CLC (HCD)

....under the provisions of section 25 of the Act as found above. In the result, the Rule is discharged without any order as to Costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 201. ......under the provisions of section 25 of the Act as found above. In the result, the Rule is discharged without any order as to Costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 201. ...... and proper and it may, in appropriate case, require, by such order, the reinstatements of the complaint thereof and such order shall be final: Provided that any complaint under section shall not amount to prosecution section 27 of this Act." 5. From the above it appears that Labour Court whi..

Category: Labour and Industrial Law | Date: | Hits: 177

Seraj Miah Vs. State, 1997, 26 CLC (HCD)

....assed by the trial Court are upheld. The appellant will undergo the sentence of imprisonment for life without having to pay any fine. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 192. ......ment that while considering the evidence of child witnesses those observations should not be lost sight of, although each case would depend upon its particular facts and circumstances. The underlying principle is that each case depends upon its peculiar facts and circumstances. 18. While interpre......o the evidence on record and the fatal injury on the vital part of the body of the deceased, this case does not fall under section 304 of the Penal Code, because it is an offence of culpable homicide amounting to murder and, therefore, we find no ground to alter the finding or sentence passed by the..

Category: Procedural Law | Date: | Hits: 94

State Vs. Moksed Ali and others, 2011, 40 CLC (HCD)

....dditional Sessions Judge, Manikganj immediately. Send down the Lower Court Records at once. Communicate this order forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 346. ......n 164-confession as the sole basis of conviction of the maker thereof. Indeed, this Court notes that in Islamuddin Vs. State reported in 13 BLC (AD) 81 the Appellate Division has endorsed the settled principle of law that judicial confession, if it is found to be true and voluntary, can indeed form ......dditional Sessions Judge, Manikganj immediately. Send down the Lower Court Records at once. Communicate this order forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 346. ..

Category: Criminal Law | Date: | Hits: 131

Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)

....spects and they shall be so treated by all concerned. In the result, the Rule is made absolute but without any other as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 201. ...... the general seats and being so unequal cannot claim equal treatment and equal rights vis‑a‑vis the Commissioners elected in the general seats. The learned Attorney‑General, while accepting the principle of equality between men and women in general but gave an impression that the Commissioners......orily ignored the petitioners, the Ward Commissioners elected in the reserved seats. Besides, there is no monthly remuneration for them. They get an Allowance at Taka 400 per meeting with the maximum amount of Taka 1600 while the Commissioner elected in the general seats get the monthly honorarium o..

Category: Constitutional Law | Date: | Hits: 443

Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)

....o not find any substance in the submission for the learned Counsel of the appellants. The appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: ......t of Subordinate Judge, Chittagong praying for a decree for recovery of possession of the self same property and the position being such the instant suit being Other Suit No.124 of 1987 is hit by the principle of constructive res judicata and therefore non-consideration of the above aspect of the ca...... property of a citizen can neither be required nor be retained by the Govt. unless it is done under proper legislative authorization. The seizure of property without legislative sanction by the Govt. amounts to illegal grabbing. A citizen's property cannot be seized also under the colourable exercis..

Category: Property Law | Date: | Hits: 111

Islamia Automatic Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha and others, 2002, 31 CLC (HCD)

.... is discharged with a cost at Taka 25,000 to be paid by the petitioner to the respondent No.3 within 3(three) months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 463. ......contractual relationship between a barrister and a client. This position continued until Hedley Byrne was decided by the House of Lords (1964) AC 465. In 1963, a unanimous House of Lords held that in principle there was no difference between physical loss and financial loss and that a duty to take c...... the Rule are that, the petitioner company took loan from Bangladesh Shilpa Rin Sangstha (hereinafter called "the BSRS") for establishment of its factory for which a loan was granted and an amount to Taka 51.89 lakh were given till 3‑12‑86. The petitioner company also took a loan from ..

Category: Civil Law, Contempt of Court Law | Date: | Hits: 417

Mostain Mollah and others Vs. State, 1990, 19 CLC (HCD)

....oth the appeals are, therefore, allowed. We reject the letter of reference submitted by the learned Sessions Judge, Narail. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 295. ...... In order to make an accused liable for commission of any crime, it must he shown that he had committed the crime or aided or instigated in the same form or manner as other accused did. It is settled principle of law that mere presence of the accused near at the place of occurrence does not constitu......cident has at all taken place in which these accused persons had attacked or beaten the informant party men. Therefore, even if we take the statement of P.W.8 on its face value, it does not by itself amount to alleged crime. The learned District and Sessions Judge has misconstrued and misinterpreted..

Category: Criminal Law | Date: | Hits: 95

Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)

....and the affidavit­-in‑opposition would be corrected and read as if those names were never mentioned and no such imputation made. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 312.......nu and the situation prevalent at the relevant time cannot also be ignored. He had also cited various decisions of this Court and of Indian jurisdiction in support of his contention. 10. We, on principle, agree that in making the order of detention the past activities of a person may be consid......authority as though to ignite the situation and may form the basis for subjective satisfaction. The maintenance of law and order, public interest and public safety and security of the State is the paramount obligation of the State, Court can hardly make interference into such matter and should leave..

Category: Criminal Law | Date: | Hits: 113