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Al Baraka Bank Bangladesh Ltd. Vs. Rina Alam and another, 2004, 33 CLC (HCD)
....ffirmed. The bank is directed to return the schedule document within seven days of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 588.......ady obtained a decree from the Artha Rin Adalat on 24-5‑01 and Artha Rin Adalat found the property of the plaintiff was mortgaged to the defendant Bank. The present suit was therefore, hit by the principles of res judicata. 9. On the pleading the following issues were settled: 1. Was the s......h decreed the suit. 2. Respondent No.1 as plaintiff on 14‑7‑97 instituted Title Suit No. 208 of 97 against the appellant bank and another for a decree of declaration that the plaintiff owed no amount to said bank on account of any loan and that the plaintiff had no liability with the bank; an..Category: Civil Law | Date: | Hits: 109
Hasan Rony Vs. State, 2004, 33 CLC (HCD)
....d against him and he is acquitted thereof. Appellant Hasan Rony be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 56 DLR (2004) 580. ......IR 1931 All 1 (FB), Supreme Court of India in Nishi Kanta Jha Vs. State of Bihar, A 1969 SC 422 and our Appellate Division in State Vs. Lalu Mia, 39 DLR (AD) 117. We find no reason to depart from the principles of law as above in the absence of legal evidence to contradict the portion of the confess......d against him and he is acquitted thereof. Appellant Hasan Rony be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 56 DLR (2004) 580. ..Category: Criminal Law | Date: | Hits: 128
Rashedul Alam Chowdhury Vs. ASM Shahajahan and another, 2011, 40 CLC (AD)
.... and orders of the High Court Division do not call for any interference by this Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 39....... and orders of the High Court Division do not call for any interference by this Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 39.......ore the Additional Metropolitan Sessions Judge, 2nd Court, Chittagong which arose out of CR Case No.478/Kotwali Zone/ 2007. The allegation was that the petitioner received from the respondent No.1 an amount of Taka 10, 00,000 (Ten lac) from 15-6-2006 to 2-8-2006 by different cheques. Criminal Miscel..Category: Criminal Law | Date: | Hits: 75
Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)
....erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ......n law to travel beyond the averments made in the plaint." 20. Similar view has also been taken by this Division in the case of Kazi Shahjan Vs. Md. Khalilur Rahman Madbar 54 DLR (AD) 125. From the principle expounded in both the cases, it appears that there is no scope for rejection of plaint by ......nt, unless notice in writing has also been delivered to him or left at his office or place of abode, and unless such notice states explicitly the cause of action, the nature of the relief sought, the amount of compensation claimed, and the name and place of abode of the intending plaintiff, and unle..Category: Property Law | Date: | Hits: 81
Sonali Bank Vs. Mahbubul Amin & others, 1989, 18 CLC (HCD)
....Execution Case No.791 of 1986 is vacated. The Execution Case will proceed in accordance with law. The records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 298. ......Execution Case No.791 of 1986 is vacated. The Execution Case will proceed in accordance with law. The records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 298. ......ordinate Judge and Commercial Court No.1, Dhaka in Money Execution Case No.791 of 1986. 2. The plaintiff/decree-holder filed a Money Suit against the defendant Bank and others for recovery of an amount of Tk. 97,750/-. The suit was decreed in the following terms: "That the suit be decreed ..Category: Procedural Law | Date: | Hits: 74
Abdus Samad & others Vs. State, 1989, 18 CLC (HCD)
....t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ......d in setting that judicial order at naught." 9. In the case of Khalid Saigol Vs. The State, reported in 14 DLR (SC) 321, their Lordships of the Supreme Court of Pakistan quoted with approved the principle as laid down in Chan Shah's case. It has been observed by their Lordships thus: "The Hi...... must be under custody before they can be given any relief by the High Court or the Court of Sessions." 24. On the point whether merely an appearance before the High Court for obtaining Bail would amount to a surrender before the Court and thus, in legal custody, it was further held in that case ..Category: Criminal Law | Date: | Hits: 95
M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)
....cuments, articles of daily use, clothes etc. belonging to the accused appellant may be returned to him after proper identification. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 274. ......cuments, articles of daily use, clothes etc. belonging to the accused appellant may be returned to him after proper identification. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 274. ......ty in proving the prosecution case beyond any shadow of doubt. Furthermore it is also well-settled that if the defence version of the case is found not to have been established this will not be tantamount to the proving of the prosecution allegation. 20. From the perusal of the judgment and r..Category: Criminal Law | Date: | Hits: 87
....9.8.82.
We, therefore, find no ground for interference.
In the result the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 265.
......9.8.82.
We, therefore, find no ground for interference.
In the result the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 265.
......the petitioner-corporation. The respondent No.2 made vouchers for Tk. 12,032/- and showed the same as a payment already made to the carrying contractor but on scrutiny it was detected that the said amount had not actually been paid. On inquiry it was found that the vouchers were fictitious and the..
Category: Labour and Industrial Law | Date: | Hits: 166
Shamir Ghosh Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....s. Accordingly, the trial Court is directed to dispose of the suit preferably within 3(three) months from the date of receipt of the order, Ed. This Case is also Reported in: 56 DLR (2004) 560. ......ioner obtained the licence and was continuing his cinema business since from his father in 1943 and there accrued a vested right and without show cause the cancellation of licence is violative of the principle of natural justice. He further submits that since there are disputes regarding ownership o......s. Accordingly, the trial Court is directed to dispose of the suit preferably within 3(three) months from the date of receipt of the order, Ed. This Case is also Reported in: 56 DLR (2004) 560. ..Category: Property Law | Date: | Hits: 62
Abdul Hakim (Md.) Vs. Government of the People’s Republic of Bangladesh & others, 1997, 26 CLC (HCD)
....nt be also sent to the Principal Secretary to the Prime Minister in her office at Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 137. ......he Mujibnagar Employees in different Ministries and other Government offices, should honour it without any delay and it should not be frustrated in any manner. Further, the Government is bound by the principle of promissory estoppel to absorb the petitioner in the Government services. In the case of......nt be also sent to the Principal Secretary to the Prime Minister in her office at Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 137. ..Category: Administrative Law | Date: | Hits: 183
Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)
.... learned brother has already discussed and observed very clearly the legal aspect on this point in view of case laws cited before us. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 125. ......the present case as in those there was denial by filing written objection against the petition for attachment before judgment, but as no such denial is forthcoming in this case from the appellant the principle laid down therein has no application to the facts of this case. This contention needs cons......owledged the receipt of the materials. The appellant used to make part payment of bills while taking delivery of the goods and assured payment of the outstanding balance. The respondent 1 entered the amounts towards payment in the books of account for every delivery of the goods during the period fr..Category: Procedural Law | Date: | Hits: 118
Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)
....accordance with law on the evidence adduced by the parties, if any. Send down the copy of this judgment and order to Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 545....... The decision he referred in support of his above submissions, as reported in 11 DLR 103 in the case between Mansur Ahmed Vs. Kalipada Chattopadhyaya and others, I have no reason to disagree with the principle enunciated in the said case. But the learned Counsel has missed the sentence at para 8 of ......ot make out a better prima facie case for the plaintiffs than found by the Appellate Court below as quoted above. The above finding of the Appellate Court definitely touches the merit of the case and amounts to a judgment on merit pending disposal of the suit. The Appellate Court has virtually left ..Category: Civil Law | Date: | Hits: 74
AKM Shahidul Hoque Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)
....l get a decree for 2,43,505 + 3,66,225.81 = Taka 6,09,730.81 with interest at the rate of 10% from the date of the decree till realisation. Ed. This Case is also Reported in: 56 DLR (2004) 538. ......at something was done by the party for another and the said work so done has been Voluntarily accepted by the other party. Reason is not far away to see, section 70 prevents unjust enrichment and the principle applies as much to an individual as to corporations and the Government. 29. The importa......vised estimate at Taka 14,96,242.87. After adjustment of the payment of Taka 9,00,000 against running bills, the dues of the plaintiff stood at Taka 5,96,225.81. After deduction of income tax at 1.5% amounting to Taka 8,945.81 the dues of plaintiff finally stood at Taka 5,87,280 . The plaintiff depo..Category: Civil Law | Date: | Hits: 99
....er of stay granted earlier by this Court stands vacated. Let a copy of the judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 49....... Act, 1948 was challenged but in the present case it is apparent from the prayer portion of the plaint that the suit was filed for declaration of title and recovery of khas possession and as such the principles laid down in those cited cases are not applicable in the present case.
9. To appreciat......er of stay granted earlier by this Court stands vacated. Let a copy of the judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 49...
Category: Property Law | Date: | Hits: 64
Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)
....d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ......d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ......e High Court while exercising power under section 561A should not usurp the jurisdiction of the trial Court. The power under the section has been vested in the High Court to quash a prosecution which amounts to abuse of the process of the Court. This power cannot be exercised by the High Court to ho..Category: Criminal Law | Date: | Hits: 76
Mollah Shabidul Islam Vs. Md. Monsur Rahman and others, 2005, 34 CLC (HCD)
....he application under Order XXI, rules 90 and 91 of the petitioner in accordance with law and with utmost expedition. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 164. ......he application under Order XXI, rules 90 and 91 of the petitioner in accordance with law and with utmost expedition. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 164. ......ion stating that the miscellaneous case filed by the petitioner could be considered by the learned Judge of the Artha Rin Adalat only after furnishing of security at the length of 25% of the decretal amount according to the provision of section 32(2) of the Artha Rin Adalat Ain, 2003 which is a mand..Category: Civil Law | Date: | Hits: 61
Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)
....hority and are of no legal effect. We are grateful to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ......n. Whereas Article 30(2) of the U.N. Convention provides that "Each State shall take such measures as may be necessary to establish or maintain, in accordance with its legal system and constitutional principles, an appropriate balance between any immunities or jurisdictional privileges accorded to p......ains provisions to handout punishment to the persons appearing before it, in as much as under Section 25, the Commission has the authority, amongst others, to confiscate the money commensurate to the amount illegally earned and such confiscation results in to debar the person concerned to contest in..Category: Constitutional Law | Date: | Hits: 264
....d and order of stay granted therein is recalled and vacated.
Parties are directed to bear their own cost. Send down the records at once.
Ed.
This Case is also Reported in: 56 DLR (2004) 530.
....... 219 of 1987 the plaintiffs brought the suit as a counterblast to obstruct the execution of the decree. The suit is therefore not maintainable in law. They also contended that the suit was barred by principle of estoppel, waiver and acquiescence and barred by limitation and defect of parties.
8....... ship was admittedly beached at the yard of the plaintiff company and broken there by their people. The ship was hypothecated with the bank and in actual physical possession of the plaintiffs. If any amount of scraps were missing those were definitely removed by the plaintiffs for which the bank cou..
Category: Civil Law | Date: | Hits: 92
Abdullah (Md) and others Vs. Majibul Huq and others, 2003, 32 CLC (HCD)
....No. 14 dated 30‑5‑2001 be set aside and the application dated 20‑5‑2001 be allowed. However, there will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 528. ......e certified copy of the relevant papers have already been filed but the same would not be any assistance to ascertain whether fraud has been practiced or forgery has been committed. It is the settled principle of law that he who alleges fraud or forgery, burden lies upon him to prove the same. Accor......No. 14 dated 30‑5‑2001 be set aside and the application dated 20‑5‑2001 be allowed. However, there will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 528. ..Category: Civil Law | Date: | Hits: 75
.... without any order as to cost. Stay order granted earlier in respect of realisation of the disputed portion of VAT is hereby vacated.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 115.
...... without any order as to cost. Stay order granted earlier in respect of realisation of the disputed portion of VAT is hereby vacated.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 115.
......ahtab and Ms. Ayes Morshed, Advocates - For the Respondent No.3.
Writ Petition No.2339 of 1994.
Judgment
K M Hasan J.- The Rule was issued calling upon the respondents to show cause why the amount of Taka 100.53 added as VAT to petitioner’s Telephone Bill of October, 1994, should not be ..
Category: Fiscal/Taxation Law | Date: | Hits: 138
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