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Santi Bhusan Deb Vs. Principal Officer, Samabaya Bank Ltd., 2001, 30 CLC (HCD)
....e affirmed. The order of stay granted by this Court stands vacated. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 224. ...... he was a tenant in respect of the case premises on payment of a monthly rent of Taka 125 to the opposite party appellant bank under a deed of agreement. He then deposited Taka 12000 as an advance in terms of the agreement on condition that Taka 62.50 i.e. 50% will be adjusted as rent from the advan......amabaya Bank Ltd ……………………Opposite Party Judgment October 25, 2001. Lawyers Involved: Abdul Latif, Advocate—For the Petitioner. Abdul Baset Majumder with Yeasmin Begum and Rana, Advocates—For the Opposite Party Appellant Bank. Civil Revision No. 2273 of 1994. ..Category: Property Law | Date: | Hits: 34
Pubali Bank Vs. Kalaroa Ice and Cold Storage Ltd. Kalaroa, Satkhira and others, 2000, 29 CLC (HCD)
....ed and the learned Subordinate Judge is directed to dispose of the aforesaid money execution cases in terms of the observation as made above. Ed. This Case is also Reported in: 54 DLR (2002) 217.......o.5 of 1988 and 11 and 12 of 1990 of the Court of the learned Subordinate Judge Satkhira are revived and the learned Subordinate Judge is directed to dispose of the aforesaid money execution cases in terms of the observation as made above. Ed. This Case is also Reported in: 54 DLR (2002) 217.......(2002) 217...Category: Civil Law | Date: | Hits: 82
State Vs. Moslem, 2002, 31 CLC (HCD)
....upon condemned prisoner is maintained and Death Sentence imposed upon him is confirmed. Sentence shall be executed ill accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 116. ......Judicial Confessional Statement recorded by PW 13, Magistrate, First Class. 55. The Evidence Act contains no definition of “Concession”. Judicially it is interpreted that a confession must in terms admit the offence or at any rate substantially all the facts which constitute the offence. In ......………..….Condemned Prison Judgment October 30, 2002. Cases Referred To- Abdus Samad Vs. State, 16 DLR (SC) 261; Tulsi Gangota Vs. Emperor, 34 Criminal Law Journal 395; Hazer Ali Mandal and others Vs. State, 37 DLR (AD) 87; Nazir and Others Vs. State, PLD 1962 (SC) 269. Lawyer..Category: Criminal Law | Date: | Hits: 82
Sree Sree Goranga Bishnu Priya and others Vs. Afzal Khan and others, 1999, 28 CLC (HCD)
....de. The application of the plaintiff-opposite party No.1 for staying the proceeding of SCC Execution Case No.1 of 1997 stands rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 172.......f Order 21 runs thus: “29. Where a suit is pending in any Court against the holder of a decree of such Court, on the part of the person against whom the decree was passed, the Court may, on such terms as to security or otherwise, as it thinks fit, stay execution of the decree until the pending ......orted in: 52 DLR (HCD) (2000) 172...Category: Civil Law | Date: | Hits: 66
....in favour of the applicant.
Accordingly this reference is answered in the negative and the parties are left to bear their own costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 170.......ng the parties rejected the appeal and confirmed the appellate order and, as such, this reference has been filed by the applicant for answer of the question which has been formulated in the following terms:
“That in the facts and in the circumstances of the case whether the Tribunal is justifie......ase is also Reported in: 52 DLR (HCD) (2000) 170...
Category: Fiscal/Taxation Law | Date: | Hits: 65
Abu Ashed Bhuiyan and Others Vs. Abu Taher Bhuiyan & others, 2000, 29 CLC (HCD)
....ourt to interfere with the judgment and decree complained of. In the result, the Rule is discharged. There shall be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 209. ......e Act excluded oral evidence in respect of a grant which has been reduced in the form of a document and no oral evidence can be allowed to prove otherwise. Section 91 reads as follows: “When the terms of a contract, or of a grant, or any other disposition of property, have been reduced to the f......as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 209. ..Category: Property Law | Date: | Hits: 23
Hossain Vs. Customs, Excise and VAT Appellate Tribunal and others, 2001, 30 CLC (HCD)
....racted finishing agent according to the letter of credit or to have the country’s hard-earned foreign currency refunded to the appellant. Ed. This Case is also Reported in: 54 DLR (2002) 193. ......r company in view of the provision of section 138 of the Customs Act. Fine has been imposed for making false declaration as contemplated under section 32 of the Customs Act, which is in the following terms: “32. Untrue statement, error, etc.- (1) If any person, in connection with any matter of ......3. ..Category: Fiscal/Taxation Law | Date: | Hits: 70
Mahmudul Huq Vs. Mostafa Kamal and others, 2010, 39 CLC (AD)
....ter public interest must prevail upon individual interests. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 431.......re, tree etc. standing on such plots. In the said tender 9 (nine) residential plots and 1 (one) commercial plot were offered for lease. The last date for dropping the tender was 29.09.2001 and as per terms of the tender schedule tenders were to be opened at 1.30 P.M. on the same dated i.e. on 26.09.......mad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Hague J Md. Muzamnel Hossain J Surendra Kumar Sinha J Mahmudul Huq.................................Petitioner Vs. Mostafa Kamal and others.....................Respondents Judgment February 28, 2010. Lawyers Involved: ..Category: Others | Date: | Hits: 81
....
Let a copy of this order be communicated to the Superintendent of Dhaka Central jail for compliance.
Syed Fazle Ahmed J. - I agree.
Ed.
This Case is also Reported in: 40 DLR (1988) 193.......or the aforesaid detention were contained in Annexure B which mentions in item 'Kha' that the detenu had taken loan on the basis of a loan contract with the Shilpa Bank and he committed breach of the terms of the contract and did not start the project and also intentionally did not repay the loan in......riginal Jurisdiction)
Present:
Amin-Ur-Rahman Khan J
Syed Fazle Ahmed J
Mrs. Tahera Islam.................Petitioner
Vs.
The Secretary, Ministry of Home Affairs, Govt. of Bangladesh and others............Opposite parties
Judgment
October 27, 1987.
Cases Referred to-
38..
Category: Banking Law | Date: | Hits: 151
Harun-or-Rashid Talukder Vs. District Manager, Pubali Bank, Jamalpur, 1988, 17 CLC (HCD)
....ver to reduce the sentence. In the result the appeal is dismissed but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 170. ......her than D.W. 1 who has deposed a word about the talk that the appellant allegedly had with P.W. 2 Sk. Nowsher Ali and defendant Kafiluddin. There is no corroborative evidence regarding the exact terms of the so-called tripartite agreement. D.W. 2 Mahfuzul Hoq Talukder, admittedly a cousin of th......t No. 2. Appeal from Original Order No. 227 of 1987 Judgment Mustafa Kamal J.- This First Miscellaneous Appeal has been preferred under Article 36(1) of the Bangladesh Legal Practitioners and Bar Council Order, 1972 (P.O. No. 46 of 1972) against the judgment and order dated 5.7.87 pass..Category: Others | Date: | Hits: 72
Falu Mia & others Vs. Safar Ali & others, 1988, 17 CLC (HCD)
....ke out any case for reception of additional evidence in this case. The Rules are therefore discharged but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 165....... both Mr. Rafiqur Rahman and Mr. Miah Abdul Gafur, learned Advocates for the opposite parties, is that the present application is barred by limitation. 14. Section 14(2) of the Limitation Act in terms means that the petitioners who want to get the benefit of it must not only prosecute with due ......For Opposite Party Nos. 12 & 13. Civil Rule No. 335(F) of 1984 with Civil Rule No. 11(F) of 1985. Judgment Mustafa Kamal J. - These Rules call upon the plaintiff opposite party Nos. 1-3 and 12-13 to show cause why the judgment dated 7.12.82 passed in F.A. No. 32 of 1967 by this Divisio..Category: Property Law | Date: | Hits: 29
Government of Bangladesh and others Vs. Md. Shahinoor Bari and others, 2010, 39 CLC (AD)
....no substance in the submissions of the learned Deputy Attorney General for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 424. ......said committee. 4. Mrs. Nahida Yeasmin, learned Deputy Attorney General, appearing for the petitioners submitted that the writ petitioners have been appointed in a special project according to the terms and conditions mentioned in the letter of appointment on temporary basis; that the writ petiti......Reported in: 15 MLR (AD) (2010) 424. ..Category: Employment/Service Law | Date: | Hits: 86
Banesa Bibi Vs. The Senior Vice-President and others, 2009, 38 CLC (AD)
.... accordance with law and no interference is called for. The petition is accordingly dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 160, 18 BLT (AD) (2010) 507, 8 LG (AD)(2011) 55.......m Al Arafah Islami Bank Ltd. securing the said loan mortgaging the property described hereinabove being owner thereof as far back in December, 2002 but she failed to make repayment of installments in terms of the loan and as per section 12 of the Artha Rin Adalat Ain, 2003. The bank put the said pro......on (Civil) Present: Mohammad Fazlul Karim Md. Joynul Abedin Shah Abu Nayeem Mominur Rahman Banesa Bibi……………………….....Petitioner Vs. The Senior Vice-President and others………......Respondents Judgment April 19, 2009. Lawyers Involved: Rokanudd..Category: Civil Law | Date: | Hits: 81
SM Nasirul Haque Vs. Omar Faruque Chowdhury and others, 2001, 30 CLC (HCD)
....are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ......der- “Secondly, a Full Bench of the High Court in the case of ‘Brindaban Chandra Chowdhury Vs. Rezia Begum’; 16 DLR 77 examined this question and by majority decision held that these two terms, ‘Non-Agricultural land’ and ‘holding’; are synonymous carrying the same meaning, Sinc......Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Hasan Foez Siddique J SM Nasirul Haque…..……………Petitioner Vs. Omar Faruque Chowdhury and others ………Opposite Parties Judgment December 3, 2001. Cases Referre..Category: Property Law | Date: | Hits: 39
Sew Bishar Prasad Vs. Collector of Customs, Chittagong and others, 2001, 30 CLC (HCD)
....ase the bank guarantees furnished by the petitioner in terms of the Rule within 15 days from the date of receipt of this order. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 173. ...... goods which is also called market value as incorporated in the bill of entry and the invoice. The Commissioner of Customs is directed to release the bank guarantees furnished by the petitioner in terms of the Rule within 15 days from the date of receipt of this order. No costs. Ed. This ......vision (Special Original Jurisdiction) Present: Abu Sayeed Ahammed J Mirza Hussain Haider J Sew Bishar Prasad….……………Petitioner Vs. Collector of Customs, Chittagong and others…………..Respondents Judgment July 11, 2001. Cases Referred to- Russe..Category: Fiscal/Taxation Law | Date: | Hits: 83
Barrister Ziaur Rahman Khan Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....l call such meetings to meet the contingencies and the meetings thus called will take decisions as per clause (4) of Annexure ‘C’. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 164. ......mrai Thana, cannot claim that the aforesaid circulars have no legal force behind them and they are not enforceable. The official functionaries of the Thana Parishad are bound to enforce them as their terms and conditions are binding on the administration. More so, it has been the practice for the Th......Division (Special Original Jurisdiction) Present: K M Hasan J Md. Abdul Quddus J Barrister Ziaur Rahman Khan………………………Petitioner Vs. Government of Bangladesh and others……………respondents Judgment November 28, 1999. Cases Referred To- A..Category: Administrative Law | Date: | Hits: 462
Ahsan Karim Jinnah Vs. Meghna Insurance Company Limited & others, 1999, 28 CLC (HCD)
....cheque or demand draft etc. is the normal mode of payment in the present day world. When respondent No.7 admitted on oath that the transfer of shares in question was not discussed and approved in the extraordinary Board Meeting and that he was not required to pay for the said share in detriment of h...... by rectifying its register of members. In view of the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 160. ...... December 11, 1999. Cases Referred To- 1977 Company Cases. (Vol.47) SC 185, 1978 Company Case (Vol. 48) 558; 1993 Company Cases (Vol.77) 97; 43 DLR 329; Mannelal Khetan Vs. Kedar Nath Khatan and others, Company Cases (Vol.47) SC 185. Lawyers Involved: Rafique-ul-Huq with Kh Mahbubuddi..Category: Company Law | Date: | Hits: 203
Abdur Rahman Vs. State, represented by Deputy Commissioner, 2006, 35 CLC (HCD)
....nding before the Metropolitan Magistrate, Chittagong, is hereby quashed. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 683. ......an Beyed vs. Mrs. Wahida Khatoon and another reported in 1996 BLT (AD) 154, his Lordship Mr. Justice ATM Afzal, as his Lordship was then, on the similar question held unambiguously in the following terms: "Quashment of proceeding under sections 420/471/109 of the Penal Code pending in the c......man J.- The accused petitioner, Abdur Rahman, obtained this Rule on 4-2-2001, under section 561A of the Code of Criminal Procedure, calling upon the informant opposite party No. 1 Shankar Sen Gupta and the Deputy Commissioner, Chittagong, to show cause as to the legality and propriety of the proce..Category: Criminal Law | Date: | Hits: 43
State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)
....absconding accused Ali Hasib Bin Jamal @ Hasib, Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ......ory matter cannot amount to confession, if the exculpatory statement is of some facts which if proved would negative the offence alleged to be confessed. Moreover, a confession must either admit in terms of the offence or, at any rate, substantially all the facts which constituted the offence. (Vi...... High Court Division (Criminal Appellate Jurisdiction) Present: AKM Fazlur Rahman J Quamrul Islam Siddiqui J State……………..Petitioner Vs. Al Hasib Bin Jamal alias Hasib and five others……………..Convicts (sentenced to death) Judgment August 22, 2007. Cas..Category: Criminal Law | Date: | Hits: 40
Executive Engineer, Roads and Highways Vs. Naderuzzaman and others, 2007, 36 CLC (HCD)
....t the time of the issuance of the Rule and extended subsequently is vacated. Send down the lower court records. Ed. This Case is also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ...... permission to the plaintiff asking the plaintiff to enter into a fresh contract with the department. Accordingly, the plaintiff and the defendant No. 2 entered into a new agreement with the same terms and conditions on 31-8-96 and the plaintiff was given delivery of possession of the suit prope...... also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ..Category: Procedural Law | Date: | Hits: 75
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