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Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
....itself. If people lose confidence in the legal profession for the deviant behaviour of some of its members, it is not only the profession which will suffer but also the administration of justice as a whole. It is well established that an Advocate is not only a professional but he is an officer of th......so the administration of justice as a whole. It is well established that an Advocate is not only a professional but he is an officer of the Court and his obligations as an officer of the Court are paramount……………………………&helli...... 5 (five) years is set aside and that passed by the Tribunal in the complaint case is restored. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 313,66 DLR (AD) (2014) 1. ..Category: Others | Date: 28 Nov, 2012 | Hits: 23
Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)
....ite. Since the said Writ Petition was withdrawn before the instant petition was filed, no legal complication arises. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......e Emergency Power Rules 2007. It has been alleged in the F.I.R, inter alia, that the petitioner gained a total of Tk. 13, 75, 223 out of her known source of income and she, intending to keep the said amount in her possession, provided false and baseless information to the ACC and thereby committed o......ite. Since the said Writ Petition was withdrawn before the instant petition was filed, no legal complication arises. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 28 Nov, 2012 | Hits: 77
Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)
....ceeding is unwarranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 41 ......perated the Account No. 158052 in City Bank, Singapore in which there were different transactions and from the transactions Profile Investigation Officer of the case found the deposit of consolidated amount of 27,78,970.84 US Dollars. But the accused-petitioner could not give answer about that amoun...... offence under section 2/4(2) of the Money Laundering Protirodh Ain, 2009. 35. In the first information report it has been alleged, inter alia, that accused Giasuddin-al-Mamun demanded money from one Begum Khadija Islam, Chairman of Nirman Construction, with assurance that an work ord..Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5
Jamila Khatun Vs. State, 2012, 41 CLC (AD)
....m. In view of the above, we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 223. ......m. In view of the above, we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 223. ...... is aged about 3 years. The husband of the sister of the informant works in Dubai and she lives in her husband's house. Selim, elder brother of the husband of the informant's sister used to demand money from her on different occasions to which she did not concede for which he felt aggrieved. On ..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 9
Fazlul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....lared to have been issued without lawful authority and to be of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 376. ......lared to have been issued without lawful authority and to be of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 376. ......at the petitioners are irregular to conduct their scheduled classes of students and they present in the school by rotation. The petitioner No.1 is the Headmaster of the School who has withdrawn extra money by making fake CEN certificate. 9. It is apparent from Annexure A3 that on 2-3-2010 an in..Category: Constitutional Law | Date: 22 Nov, 2012 | Hits: 5
Birendra Nath Roy Vs. Rupali Bank Ltd, 2012, 41 CLC (HCD)
.... Rin Adalat concerned is directed to proceed with the Artha Execution Case No.111 of 2005 expeditiously in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 118. ......ty No.1, Rupali Bank Ltd represented by the Manager, Manasa Bazar Branch, Bagerhat as plaintiff instituted Artha Rin Case No.23 of 2001 before Artha Rin Adalat No.1, Bagerhat for recovery of its dues amounting to Taka 1,17,176 with interest on the averments that Gokul Chandra Roy availed of loan fro...... Rin Adalat concerned is directed to proceed with the Artha Execution Case No.111 of 2005 expeditiously in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 118. ..Category: Civil Law | Date: 21 Nov, 2012 | Hits: 7
Md. Aminullah and others Vs. Serajul Huq and others, 2012, 41 CLC (AD)
....n is set aside and the impugned judgment and order passed by the appellate Court is restored. There is no order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 131. ......the entire share of Atarjan. Abdun Nabi obtained 1 ganda of land from R.S. Khatian No.3838 but wrongly stated R.S. Khatian No.3836 in the registered deed of sale dated 16.09.1991 showing an inflated amount of Tk.20,000/-. Pre-emptee Nos.1 and 2 are strangers to the case land. After that, the pre-e......The pre-emptors were asked to purchase the case property and they offered only Tk. 5,000/- for which their offer was turned down. The pre-emptees developed the case land by spending huge amount of money. Hence, they prayed for dismissal of the pre-emption case. 4. The trial Court by his jud..Category: Property Law | Date: 21 Nov, 2012 | Hits: 27
Azizur Rahman (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... the present Rule. In this situation the law enjoins that the petitioner ought to have resorted to section 19 of the Artha Rin Adalat Ain, 2003 for setting-aside the ex-parte decree. Even in the whole process of Execution Case he did not turn up. All on a sudden after the impugned order was iss......pondent No.3 Islami Bank Bangladesh Limited Benapole Branch, Jessore on 25-1-2007 instituted a suit before the Joint District Judge and Artha Rin Adalat, 1st Court, Jessore for recovery of loan money amounting to Taka 27, 64,841 by selling mortgage properties against the M/s Joint International and ......he respondent No.3 Islami Bank Bangladesh Limited Benapole Branch, Jessore on 25-1-2007 instituted a suit before the Joint District Judge and Artha Rin Adalat, 1st Court, Jessore for recovery of loan money amounting to Taka 27, 64,841 by selling mortgage properties against the M/s Joint Internationa..Category: Banking Law | Date: 20 Nov, 2012 | Hits: 8
Amirul Islam (Md.) Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
....e Rule is declared to have been passed without lawful authority and is of no legal effect. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 77. ......ing business of trading. On 20-9-2011 the petitioner opened an irrevocable letter of credit being No.108111010300 in favour of the United Agencies Pvt. Ltd of 15 Tagore Drive, Singapore 787622 for an amount of US$ 1, 62,525.75 through the Al-Arafah Bank Limited, New Elephant Branch, Dhaka for import......e Rule is declared to have been passed without lawful authority and is of no legal effect. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 77. ..Category: Fiscal/Taxation Law | Date: 19 Nov, 2012 | Hits: 6
Maleka Khatun Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ates to the writ petitioner is declared to have been issued without lawful authority and is of no legal effect. Mohammad Bazlur Rahman J.- I agree. Ed. This Case is also Reported in: ......ates to the writ petitioner is declared to have been issued without lawful authority and is of no legal effect. Mohammad Bazlur Rahman J.- I agree. Ed. This Case is also Reported in: ...... in 1963. Petitioner’s husband Sheikh Ali Ahmed agreed to purchase the land for total consideration of Taka 59,000/-, out of which the said Hemlata and others received Taka 45,000/- only as earnest money and delivered possession of a part of the land by executing an agreement on 2.4.1963 in favour..Category: Property Law | Date: 18 Nov, 2012 | Hits: 133
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
....s well as the High Court Division as to the actual allottee of the suit plot are so specific and well reasoned that we see no scope of touching with those findings. More interesting thing is that the whole case of the plaintiff was that he filed an application to RAJUK on 18-2-2004 to give him permi......sidential to commercial plot. RAJUK by its letter dated 14-8-2001 asked Engineer Shamsul Kabir Humayun Reza of Bara Mogbazar to pay Taka 38, 28,125 as conversion fee and accordingly, he paid the said amount and the suit plot was converted as a commercial plot from residential one. Thereafter, E......plaintiffs as the heirs of Engineer Shamsul Kabir Humayun Reza of Bara Moghbazar filed Succession Case No.439 of 2004 in the Court of Joint District Judge, Third Court, Dhaka in order to withdraw the money left behind by their father and they proved that they were the actual heirs of Engineer Shamsu..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
Sk Ahmedullah (Babul) Vs. Al-haj Md. A Rashid, 2012, 41 CLC (HCD)
....ditiously in accordance with law. Send a copy of the judgment and order to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 399. ......n also the case has attained its maturity after expiry of the statutory period. There is no illegality in this respect................(6) Prayer for a direction on the complainant to receive the amount and discharge of the accused is not acceptable It is not the function of the trial Court...... for a direction on the complainant to receive the amount and discharge of the accused is not acceptable It is not the function of the trial Court to give direction on the complainant to receive money after expiry of the statutory period. Having been dishonored the cheque and servicing of legal..Category: Others | Date: 11 Nov, 2012 | Hits: 8
Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
.... law. Let a copy of this judgment be transmitted to the concerned Court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 116. ......ni, Dhanmondi, Elephant Road, Shantinagar, New Eskatan etc. for the benefit for himself and other accused and sold the same at a less price than the market price thereby causing a huge financial loss amounting to Tk. 127,64,19,059.26 to the public exchequer. Against this backdrop, a case under secti......y the authority concerned and, as such, the petitioner is a bona fide purchaser for value and this being the state of affairs, the impugned proceedings should be quashed. He then submits that the bid money to the tune of Tk. 2, 69,17 lakh quoted by the petitioner was higher than the minimum price fi..Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7
Mosharef Hossain (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....o satisfy the Adalat as early as possible then the executing Court will proceed in accordance with law. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 81 ......t November 7, 2012 Result: The Rule is made absolute. Upon the satisfaction of the Court a private sale of the mortgaged property to satisfy the decreetal amount can be allowed to the Judgment debtor by the Court. A reasonable time for so doing only to be......h on 20-5-2007 as plaintiff filed a suit before the Joint district Judge and Artha Rin Adalat, Bhola (hereinafter referred to as Adalat) against the petitioner and others for realization of loan money of Tk. 4,52,49,912 by selling mortgaged properties. The case was contested by the defendant No..Category: Property Law | Date: 7 Nov, 2012 | Hits: 8
Abdur Razzaque Chowdhury and others Vs. Artha Rin Adalat and others, 2012, 41 CLC (AD)
....interfere with the impugned judgment and order passed in Writ Petition No.5889 of 2008. In view of the above, both leave petitions are dismissed. Ed. This Case is also Reported in: ......into Artha Rin Suit No.43 of 2003 on payment of court fees. The suit was decreed ex-parte on 10.11.2003. Execution Case No.190 of 2004 was levied by the decree-holder-Bank for realization of decretal amount. On an application filed by judgment-debtor No.2 on 16.02.2006 under section 49(1) of the Art...... disposed of in case the right to possess and enjoy the property and the certificate of ownership is given under sub-sections (5) and (7) of the section. Sub-section (6) has dealt with how the excess money if fetched more than the decretal amount in selling the property in auction shall be adjusted ..Category: Civil Law | Date: 18 Oct, 2012 | Hits: 159
Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)
....ainst the goods." In this context we quote Sections 45 to 49; 45.(I) The seller of goods is deemed to be an "Unpaid seller" within the meaning of this Act— (a) when the whole of the price has not been paid or tendered; (b) when a bill of exchange or other negotiab......inst freight along with consideration for wheat, the bank on receipt of full payment released shipping documents including House Bill of Lading. It is submitted that the petitioner having cleared L/C amount inclusive of freight and customs duty, taxes and other charges has complete ownership over th......umentality of the Customs Authority and Port Authority resultantly has no legal competency to withhold delivery under any plea. He also submits that respondent No.5 (bank) already certified that money has been transferred from the said bank to the negotiating bank (National Australia Bank Limit..Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9
Dr. Khandaker Mosharraf Hossain Vs. State, 2012, 41 CLC (HCD)
.... with law. Let the lower Court's record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 1. ......ial stage may be justified where the facts are so preposterous .that even on admitted facts no case stands against the accused. (2) Where the institution and continuation of the proceeding amount to an abuse of the process of the Court. (3) Where there is a legal bar against the init...... with law. Let the lower Court's record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 1. ..Category: Anti-Corruption Laws | Date: 16 Oct, 2012 | Hits: 20
Grameen Solutions Ltd. Vs. Registrar, Joint Stock Com¬panies and Firms, 2012, 41 CLC (HCD)
.... after its name dispensed with. But this order shall not absolve the company of its liability, if any, with anybody. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 186 ......ume of business of the company as well as the capital adequacy to smoothly run the company the board of directors have found that paid up capital of Taka 3, 16, 80,000 can be reduced and another amount of Taka 4,83,20,000 in the share premium account can also be reduced, which are in excess so ...... after its name dispensed with. But this order shall not absolve the company of its liability, if any, with anybody. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 186 ..Category: Company Law, Corporate Law | Date: 15 Oct, 2012 | Hits: 11
Government of Bangladesh and others Vs. Mrs. Mohsina Rahman alias Joya, 2012, 41 CLC (AD)
....ecord with a copy of this judgment and order to the court concerned and another copy of the judgment and order to the Deputy Commissioner, Dhaka immediately. Ed. This Case is also Reported in: ......ecord with a copy of this judgment and order to the court concerned and another copy of the judgment and order to the Deputy Commissioner, Dhaka immediately. Ed. This Case is also Reported in: ......rchasers and according to the demarcation and specification in the said map plot No.6 to the Vendor: AND WHEREAS the VENDOR while thus owning and possessing said plot No.6 being in urgent need of money sold the same to Mvi. Mofazzal Hussain by a sale deed dated 2.4.1955 followed by a registered ..Category: Property Law | Date: 15 Oct, 2012 | Hits: 191
Abdul Wadud (Md.) Vs. Heaven Homes Private Ltd and others, 2012, 41 CLC (HCD)
....No. 7) shall stand vacated. Costs will be borne by the parties. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 143 ......sion in a meeting dated 5-9-2011 that the petitioner has illegally removed Taka 25,18,502 from the company's fund and that he has admittedly refunded Taka 2,53000, while for repayment the balance amount he has issued 4 cheques with commitment to adjust the said amount by 29-9-2011. But none of t......there is no case of oppression on the petitioner as minority shareholder. Rather it is a clear case of taking action against the petitioner for committing breach of trust and removal of company's money and the action taken for this reason should not amount to oppression against the petitioner as..Category: Company Law | Date: 14 Oct, 2012 | Hits: 5
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