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State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)
....pressed by us in this judgment. Send down the lower Court's records along with a copy of this judgment at once. Ed. This Case is also Reported in: 59 DLR (2007) 72, 26 BLD (HCD) (2006) 549. ......earned judge, in a faint and half-hearted way proclaimed himself as the Juvenile Court and framed charge against the accused under section 6(2) of the Ain. This is clearly a patent contraÂdiction in terms. Moreover, there is nothing on record to show that all the formalities of a juvenile trial wer.................................. Petitioners Vs. Md. Roushan Mondal @ Hashem ……………..Condemned Prisoner Appellant Judgment July 9, 2006. Cases Referred To- Bangladesh Legal Aid and Services Trust and another vs. Bangladesh & others 7 BLC 85 = 2002 BLD 206; Md. Shamim vs. S..Category: Criminal Law | Date: | Hits: 167
Anhar Ahamed Chowdhury and another Vs. Md. Shamsuzzaman and others, 2006, 35 CLC (HCD)
....eedings of Title Execution Case No. 3 of 2003 granted earlier is recalled and stands vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 66. ......unted price of the apartment project including a car parking space and the driver's room which being Taka 41,22,000 is to be paid in advance; that as per verbal agreement with defendant No. 1 and the terms and conditions stipulated in the brochure of the "BLISS" apartment project as supplied, the de...... This Case is also Reported in: 59 DLR (2007) 66. ..Category: Business or Commercial Law | Date: | Hits: 208
....e said examinaÂtion for the next consecutive three years is hereby declared to have been passed illegally and without any lawful authority.
Ed.
This Case is also Reported in: 59 DLR (2007) 58.
...... decision.
13. It is apparent that the University Authority did not bring specific charges against the petitioners nor the Disciplinary Committee addressed its mind at all to find out the truth in terms of allegations against the petitioners. It is all the more important in this case that no alle......
This Case is also Reported in: 59 DLR (2007) 58.
..
Category: Others | Date: | Hits: 72
AKM Abdul Latif Vs. Banani Metal Limited and others, 1998, 27 CLC (HCD)
....f default in making the payment does not arise. The application for winding up of the respondent Company is, accordingly, rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 62. ...... for development of designs of a few commercial items and the respondent No.2 requested the petitioner to give the said amount of loan and the petitioner agreed to finance Taka 5,00,000.00 on certain terms and conditions as laid down in the aforesaid agreement. 3. The petitioner has stated that o...... ..Category: Company Law | Date: | Hits: 239
Afzal Khan (Md) Vs. Md. Azmal Khan and others, 2006, 35 CLC (HCD)
....ed to proceed with the trial of the suit as expeditiously as possible. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 43. ......stand introduced a new story in his deposition before the Court denying the contention of the said partition deed dated 23-12-1958 but the plaintiff instituted the suit for partition according to the terms of registered partition deed dated 23-12-1958 and therefore, inconsistent and contradictory po...... High Court Division (Civil Revisional Jurisdiction) Present: Syed Amirul Islam J Sheikh Abdul Awal J Afzal Khan (Md)..............................Petitioner Vs. Md. Azmal Khan and others………………Opposite Parties Judgment February 7, 2006 Cases Referred to- ..Category: Property Law | Date: | Hits: 42
.... as amicus curiae.
Let a copy of this judgment and order be sent to the Court concerned for information and necessary action.
Ed.
This Case is also Reported in: 59 DLR (2007) 37.
......ld not be declared to have been passed without lawful authority and is of no legal effect and why the respondent No. 1 should not be directed to accept the account payee cheque as security deposit in terms of section 42(1) of the Artha Rin Adalat Ain, 2003 and/or such other or further order or order......
Farah Mahbub J
Doly Enterprise & others………………………………………………………………Petitioners
Vs.
Additional District Judge, 1st Court, Dhaka and another…………Respondents
Judgment
October 19, 2006.
Cases Referred To..
Category: Civil Law | Date: | Hits: 90
Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)
....ation of share register of the respondent-company under section 38 of the Companies Act 1938 is reject without any order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2000) 41. ......ting that respondent No. 2 had stated that these shares were subject to an understanding between the petitioner and the transferor. The board then constituted a 3 members committee with the following terms of reference: 1. To ascertain the extent of liability of Mr. Sarqum Ali with Mr. Giasuddin ...... Court Division (Civil Original Jurisdiction) Present: Mainur Reza Chowdhury J Giasuddin Ahmed……………………………Petitioner Vs. Green Delta Insurance Company Limited and another…………….Respondents Judgment August 20, 1995. Cases Referred To- Sh..Category: Company Law | Date: | Hits: 181
Ishaque Hossain Chowdhury Vs. Mrs. Shamsun Nessa Begum & ors., 1988, 17 CLC (HCD)
....he suit and pass judgment in accordance with law as it may deem fit and proper. Communicate this order to the court below at an early date. Ed. This Case is also Reported in: 41 DLR (1989) 22.......er Order (1) Rule 10 of the Code of Civil Procedure. Under Order (1) Rule 10 (2), the court may, at any stage of the proceedÂings, either upon or without the application of either party, and on such terms as may appear to the court to be just, order that the name of any party impropÂerly joined, w......ate—For Opposite Party No. 1. Civil Revision No. 623 of 1988 Judgment Anwarul Hoque Chowdhury J.- This Rule arises out of an application under secÂtion 115 of the Code of Civil Procedure and is directed against the order dated 12-7-88 passed by the learned Assistant Judge, 6th Court, Dh..Category: Property Law | Date: | Hits: 39
Mohammad Musa Vs. Kabir Ahmed, 1998, 17 CLC (HCD)
....charged in the aforesaid terms. The petitioner is directed to surrender to his bail bond to serve out the remainder of the sentence, if any. Ed. This Case is also Reported in: 41 DLR (1989) 4. ......harge of criminal breach of trust is established against the accused. From a perusal of the judgment of both the Courts below it appears that they did not impose any fine on the accused petitioner in terms of section 406 of the Penal Code but the direction for payment for the money given by the tria...... — For the petitioner. Abdul Momen Chowdhury, Advocate—For the Opposite Party. Criminal Revision No. 47 of 1986 Judgment A M Mahmudur Rahman J.- This Rule arises out of a Judgment, and Order dated 24.12.85 passed by the learned Sessions Judge, Chittagong in Criminal Appeal No. 122..Category: Criminal Law | Date: | Hits: 37
Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)
....is liable to be quashed. Accordingly, the rules are made absolute and the impugned proceeding is quashed. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 46.......davit in each of the rules. The learned Advocate for the complainant has sought to contend that notwithstanding the fact that the BSRS granted loan to the petitioners, the fact that they violated the terms of the loan and misused the loan money for their interest, there was an offence under section ......84 with Criminal Revision No. 244 of 1984. Judgment ATM Afzal J.- These two Rules, at the instance of the respective accused-petitioners, were issued upon the Deputy Commissioner, Dhaka and the opposite party No.1 to show cause as to why the proceedings in petition case No. 563a/84 now..Category: Criminal Law | Date: | Hits: 67
Abdul Khalek Khan Vs. Government of Bangladesh, 1986, 15 CLC (HCD)
....owing effect:- "That the Revenue Deputy Collector has demanded Salami at the rate prevailing in 1955 when part of. Salami was paid though the settlement was given with effect from 1958-59. This is extraordinary and is opposed to justice and equity. If settlement of the land in question is given w......spossession; that he was a rightful tenant under the defendant and the Collector of the district was the competent authority to grant settlement of the Government khas land and he did not violate any terms of the kabuliyat. 3. The suit was contested by the defendant by filing written statement de......s Involved: Abdus Sattar Howlader - For the appellant. Fakhrul Islam, Assistant Attorney General - For the Respondent. Second Appeal No. 855 of 1966 Appeal preferred against the Judgement and decree dated 18.2.1965 and 27.2.65 passed by Additional District Judge 3rd Court Barisal in Titl..Category: Property Law | Date: | Hits: 36
KDH Laboratories Ltd. Vs. Pubali Bank and Ors., 1987, 16 CLC (HCD)
....frain from interfering in the matter. In the result, the rule is discharged, but without any order as to costs. AKM SADEQ J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 1. ......rance. - Where the Court has adjourned the hearing of the suit ex parte, and the defendant, at or before such hearing, appears and assigns good cause for his previous non-appearance, he may upon such terms as the Court directs as to costs or otherwise, be heard in answer to the suit as if he had app...... Court High Court Division (Civil) Present: Mustafa Kamal J AKM Sadeq J KDH Laboratories Ltd........................................................Petitioner. Vs. Pubali Bank and Ors……………………………………….OppParties. Judgment August 3, 1987. L..Category: Civil Law | Date: | Hits: 83
Arab Bangladesh Bank Ltd. Vs. Ziauddin and others, 1998, 27 CLC (HCD)
....d by the trial Court while disposing of the suit on merit. The connected Memorandum of Cross Objection is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 36. ......operated by either of survivors, the survivor is the only person who is entitled to the balance thereof after the death of one of the account holders. This practice is based on the principle that the terms of operation of the account forms part of the contract of the deposit. Here in the present cas......Court High Court Division (Civil Appellate Jurisdiction) Present: Mahmudul Amin Choudhury J Md. Abdul Aziz J Arab Bangladesh Bank Ltd. …………….Appellant Vs. Ziauddin and others…………………………Respondent Judgment December 7, 1998. Cases Referre..Category: Banking Law | Date: | Hits: 122
Bashiruddin Ahmed Vs. Ministry of Finance, National Board of Revenue, 1996, 25 CLC (HCD)
....n the result, the Rule is discharged without any order as to costs. The stay order granted by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 33. ......stoms duty for the relevant drifted timber of Indian origin, it was to be paid by the Forest Department of the Government. Since the petitioner became entitled to collect the drift timber in absolute terms on the clear legal assumption that the drift timber were the property of the Government of Ban......¦â€¦â€¦Petitioner Vs. Ministry of Finance, National Board of Revenue ……………Respondents Judgment August 18, 1996. Case Referred To- MA Khaleque Vs. Government of Bangladesh and others, 32 DLR 243. Lawyers Involved: AJ Mohammad Ali with AKM Asaduzzaman, Advocates—F..Category: Fiscal/Taxation Law | Date: | Hits: 86
Habib Bank Limited Vs. UAE Bangladesh Investment Company Limited and another, 1998, 27 CLC (HCD)
....missed with costs. The judgment and decree passed by Adalat is hereby affirmed. Send down the lower Court records expeditiously. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 25. ......the statutory period of 30 days. Mr. Ahmed submits that before the trial Court they filed an application seeking permission to deposit 50% of the amount in US Dollars. But the decree passed is not in terms of US Dollars but in terms of Taka and the deposit must also be in terms of the decree, that i......Civil Appellate Jurisdiction) Present: Mahmudul Amin Choudhury J Bijan Kumar Das J Habib Bank Limited………………….Appellant Vs. UAE Bangladesh Investment Company Limited and another……….Respondent Judgment May 28, 1998. Lawyers Involved: Syed Ishtiaq ..Category: Banking Law | Date: | Hits: 136
Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)
....rily rejected the application, the question of granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ......ther stated in the application that the Home Minister was censuring and abusing the learned Judges of the Supreme Court on the floor of the Parliament. There was no substantive motion drawn in proper terms in term of Rule 270 of the Rules of Procedure of Parliament. It is further stated that the sta......me Court High Court Division (Original Jurisdiction) Present: Md. Mozammel Hoque J Md. Abdur Rashid J Ataur Rahman Khan…………………………Petitioner Vs. Md. Nasim and another……………………….Respondents Judgment October 28, 1999. Cases Referr..Category: Criminal Law | Date: | Hits: 54
Sudhangshu Shekhar Haldar Vs. Moulana Delwar Hossain Saydee and others, 1998, 27 CLC (HCD)
....ion only. Mr. Abdur Razzaque, learned Advocate, prays for adjournment of ten days for hearing of the appeals. The prayer is allowed. Ed. This case is also Reported in: 52 DLR (HCD) (200) 58. ......e had prayed for in his election petition for declaring the election of opposite party No. 5 Moulana Delwar Hossain Saydee void and the petitioner having not sought for declaring him to be elected in terms of Article 51 (2) (b), he is not entitled to get any further relief in the election petition w......(Civil Appellate Jurisdiction) Present: Md. Abdul Karim J Amirul Kabir Chowdhury J Sudhangshu Shekhar Haldar ………………………..Appellant Vs. Moulana Delwar Hossain Saydee and others..…………..Respondents Judgment June 25, 1998. Cases Referred To- Pateshw..Category: Election Law | Date: | Hits: 159
Jebun Nessa Zaman and Others Vs. Hosne Ara Lili, 2001, 30 CLC (HCD)
....uit is dismissed. The order of stay granted at the time of issue of the Rule is recalled. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 394. ......for recovery of possession of the suit shop. Plaint case, in short, is that the plaintiff took monthly lease of the suit shop on 01-07-87 from the petitioner No.1 on the basis of an agreement. As per terms of the agreement, the plaintiff deposited Taka 90,000 with said petitioner as security. It was....... This Case is also Reported in: 53 DLR (2001) 394. ..Category: Civil Law | Date: | Hits: 82
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two
.... "To commit someone for contempt of court and punish him for it if found guilty, is the inherent power of a court of record. The Supreme Court of Bangladesh is such a court. The power is, no doubt, extraordinary." [Moazzem Hossain Vs. State, 35 DLR (AD) 290, at 295, paragraph 3]. 319. That wit...... of Court. 170. From the statements of facts submitted by Justice Naimuddin Ahmed it appears that he made extempore speech at the seminar. Therefore, he cannot recollect to say exactly and in what terms he made his comments or the statements. However, he asserted that the newspapers that have p......sion. Not only that she is a newscaster of BTV. She is an accomplished lady. She attended the General Session of the United Nations as a member of the Bangladesh Delegation. She along with her husband owns and manages the paper in question. What she did, she did independently of her husband as pr..Category: Criminal Law | Date: | Hits: 130
National Sports Council Vs. A Latif and Company, 2001, 30 CLC (HCD)
....rty made under section 8(2) of the Arbitration Act is rejected. Order of stay granted at the time of issue of the Rule is hereby re-called. Ed. This Case is also Reported in: 53 DLR (2001) 386. ......No work under the contract then proceeded. As a result, the contractor suffered loss to the tune of more than one crore. He addressed several letters to the employer requesting for arbitration as per terms of Clause 50 of the contract. Getting no response, he then served a notice dated 08-02-1998 un...... DLR (2001) 386. ..Category: Alternative Dispute Resolution | Date: | Hits: 186
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