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A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....n view of our decision, the order issued earlier directing the parties to maintain status quo in respect of construction is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 461. ......n is vested in the RAJUK to exercise powers of cancellation of the sanction. The RAJUK cannot permit its decision to be influenced by the dictates of others, how big they may be, as this would be tantamount to abdication and surrender of its discretion. It would then not be the authority’s discret......under section 3 of the Building Construction Act, 1952, briefly, the Act. 3. On getting the sanction, the petitioners started construction as per sanctioned plan. As the construction involved huge money, the petitioners mortgaged the said land to a bank and took loan. Out of 22 floors, 16 floors ..Category: Property Law | Date: | Hits: 125
Osena Begum alias Babuler Ma and another Vs. State, 2003, 32 CLC (HCD)
.... The Civil Surgeon formed a 'Three Members Medical Board' for holding postmortem over the dead body of deceased Hazera Begum and he was one of the members. They found: "Deep burn injuries over the whole neck, both sides of the chest, upper part of the front at the abdomen and both arms". 12. I......r case. Let a copy of this judgment be sent to the learned Additional Sessions Judge for his guidance. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 299. ......him that 5/6 months ago Babul married Hazera. They also told him that Babul earlier married once, which he concealed to Hazera. Victim Hazera, as lying, told them that Babul used to pressure to bring money from her parents since immediate after her marriage. Babul's mother also colluded with him in ..Category: Criminal Law | Date: | Hits: 49
Zafela Begum and others Vs. Atikulla and others, 2011, 40 CLC (AD)
....l is allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 46, 31 BLD(AD) (2011) 111, 8 LG (AD) (2011) 133, 16 MLR (AD) (2011) 216, VIII ADC (2011) 907. ......l is allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 46, 31 BLD(AD) (2011) 111, 8 LG (AD) (2011) 133, 16 MLR (AD) (2011) 216, VIII ADC (2011) 907. ......l is allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 46, 31 BLD(AD) (2011) 111, 8 LG (AD) (2011) 133, 16 MLR (AD) (2011) 216, VIII ADC (2011) 907. ..Category: Property Law | Date: | Hits: 127
Agrani Bank Vs. MA Kahhar, 2002, 31 CLC (HCD)
....he law for the limitation of suits. In any of these cases, such an agreement is a contract." So, section 25(3) can indeed re‑cycle the pulse bit in the recoverability of a debt, in part or as whole, where recoverability had already succumbed to the provisions of the limitation statute. But, ...... with interest in the event of the borrower's default to do so. The borrower having gone into oblivion, the plaintiff served notice upon the defendant urging him to honour his guarantee by paying the amount, which, being multiplied by interest, inflated to an amount of Taka 74,055. The defendant's d......being multiplied by interest, inflated to an amount of Taka 74,055. The defendant's denial of liability, as conveyed by his reply dated 22‑2‑1987, compelled the plaintiff to institute the subject money suit. 4. The defendant, in his resolve to demean the plaintiff’s assertion, filed written..Category: Banking Law | Date: | Hits: 215
Alam Kabiraj and others Vs. State, 2003, 32 CLC (HCD)
.... Sarder and Bashir Sarder @ Bashar accordingly, directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 273. ...... Sarder and Bashir Sarder @ Bashar accordingly, directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 273. ......din that he (Shahabuddin) was compelled by force to go with the co‑accused and during occurrence he was asked by those miscreants to remain standing with cloths of others and he did not receive any money as booty. Accordingly, he contends that Exhibit 8 was exculpatory in nature. Similarly, he arg..Category: Criminal Law | Date: | Hits: 42
Bangladesh House Building Finance Corporation Vs. Md. Abdul Hoque, 2002, 31 CLC (HCD)
.... of the Money Execution Case No. 88 of 1996. Communicate the order to the learned Joint District Judge, Artha Rin Adalat, Jessore at once. Ed. This Case is also Reported in: 55 DLR (2003) 270....... the execution case was in progress with certain adjustments recorded the petitioner and the opposite party entered into a compromise rescheduling the installment of repayment of the balance decretal amount of Taka 6,53,760.77, Monthly installment payable by the opposite party was fixed at Taka 3,50......nal decree. It was held by their Lordships that the application for execution was not barred by section 48, CPC. The decree holder could proceed with the execution of the agreement and to recover the money due under it in the usual way as in the case of a decree. That under the present Code Of Ci..Category: Property Law | Date: | Hits: 91
Hossain Khan (Md.) and others Vs. Government of Bangladesh & others, 2001, 30 CLC (HCD)
....Rule No. 250(FM) of 2001 is also made absolute. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 264. ......h from today the respondent No. 3 shall pay Rs 1,500 per month to petitioner No. 1 (d) That the respondent No. 3 shall fill up the place and also put in structures of their own (e) That the aforesaid amount of Rs 25,000 shall be paid to the petitioner in the presence of the Registrar of this Hon'ble......Rule No. 250(FM) of 2001 is also made absolute. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 264. ..Category: Property Law | Date: | Hits: 95
Mazharul Huq Quraishi and others Vs. Hari Chandrs Hrishi and another, 2000, 29 CLC (HCD)
.... to conclude the trial as early as possible preferably within 3 months from the date of receipt of the judgment. Copy be sent down at once. Ed. This Case is also Reported in: 52 DLR (2000) 392. ...... and having arranged to sell property, Fateh Haider induced Mukha Shah as Creditor to accompany him to a petition writer with a view to let the petition writer draft a sale deed after calculating the amount due on the mortgage bonds. The bonds were left with the petition writer and creditor Mukha Sh....... In the cited decision on behalf of complainant-opposite party No.1 in the case of Fateh Haider and another Vs. Emperor reported in AIR 1930 Lahore page 407 it appears that one Fateh Haider borrowed money from one Mukha Shah on security of one Nawab on the basis of two mortgage bonds and having arr..Category: Criminal Law | Date: | Hits: 42
Mati Lal Karmakar and Another Vs. Kalandar Talukder and another, 1998, 27 CLC (HCD)
....eason to interfere with the judgments and decree of the Courts below. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 390.......eason to interfere with the judgments and decree of the Courts below. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 390.......purchase the land and pursuant to that an agreement was entered into on 2-2-65 for selling the land by the said vendors at a consideration of Taka 6,000.00 and the vendors receiving the consideration money executed the bainapatra and delivered possession of the land to the purchaser. Since then the ..Category: Property Law | Date: | Hits: 64
Omar Ali Sheikh Vs. Shamsul Alam Mridha and others, 2002, 31 CLC (HCD)
.... the Rule is discharged without any order as to cost. The order of stay granted at the time of the issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 55 DLR (2003) 257. ...... the Rule is discharged without any order as to cost. The order of stay granted at the time of the issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 55 DLR (2003) 257. ......onged to the defendant petitioner, who decided to sell the said land and the plaintiffs proposed to purchase the same at consideration of Taka 35,000. The petitioner, receiving Taka 30,000 is earnest money, came to an oral agreement with the plaintiffs and delivered possession of the suit land. Afte..Category: Property Law | Date: | Hits: 84
Md. Zahidul Islam Vs. Md. Kamal Hossain and another, 2009, 38 CLC (AD)
.... absolute. The above submission merit consideration. Leave is granted. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 60.......d the said cheque in his bank but the same returned dishonoured on the ground of insufficient fund and he then by legal notice dated 24.04.2007 requested the respondent No.1 for repayment of the said amount and though the respondent No.1 received the said notice on 24.04.2007 but did not repay the s...... absolute. The above submission merit consideration. Leave is granted. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 60...Category: Criminal Law | Date: | Hits: 39
Md. Azizur Rahman Vs. State and another, 2010, 39 CLC (AD)
....he above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 50. ......udicated without taking proper evidence. The High Court Division observed that there is no legal bar against the initiation and continuation of the proceedings and as such, the proceedings does not amount to an abuse of the process of the Court and that the proceedings shall not be quashed and t......f which the accused No.1 verbally prayed for time and by letter dated 04.07.1999 promised to pay the dues by 31.07.1999 which he ultimately did not. The accused petitioner did not pay the Bank demand money and as such, the accused petitioners occurred an offence punishable under Section 420/468/47..Category: Criminal Law | Date: | Hits: 55
Managing Director, Dhaka WASA Vs. Meer Awlad Hossain and others, 2010, 39 CLC (AD)
....vice." Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 45.......rule absolute and declared the deduction of Tk. 201117.7 from the retirement benefit of the writ petitioner as has been made without lawful authority and directed the writ respondents to pay the said amount to the writ petitioner within 15 days of the judgment. 5. We have heard the learned Coun......n disputed facts the same is not legally maintainable. It is further contended that the High Court Division erred in law in foiling to consider that there was no direction to deduct any amount of money from the retirement benefit of the writ petitioner and in that view of the matter, the High Co..Category: Employment/Service Law | Date: | Hits: 87
Md. Abdul Barik and another Vs. Most. Serajan Nessa and another, 2010, 39 CLC (AD)
....bove, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 16. ......bove, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 16. ...... 28.10.1986. The plaintiffs came to know definitely about the said deed after procuring the certified copy on 21.08.1997. The plaintiffs did not sell the land to the defendants and no consideration money has been paid. Hence the cause of action arose. 3. The defendants contested the case by fil..Category: Property Law | Date: | Hits: 84
Commissioner of Customs and others Vs. Ruhul Amin Bachuchu and others, 2009, 38 CLC (AD)
....of paper book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till hearing of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 14. ......493,1494,1495,1496,1497, 1498,1500, 1501,1502 and 1499 of 2004 making absolute the Rules obtained challenging the realizations, in contravention of SRO 206/Law/98/1755/Customs dated 17.9.1998, excess amount of Customs duty, VAT and other charges from the consignments imported by the respondents. ......of paper book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till hearing of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 14. ..Category: Fiscal/Taxation Law | Date: | Hits: 92
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....s a contrary intention can be gathered from the new statute.” 23. In the case of Sarju Vs. The State reported in AIR 1964 Allahabad 6, the Allahabad High Court was required to decide whether the whole proceedings under Section 19(f) of the Arms Act 1878 instituted on 02.05.1962 and on trial the......of with the above observations and modifications. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 18, 31 BLD (AD)(2011) 34, 19 BLT (AD) (2011)104, 8 LG (2011) AD 90, VIII ADC (2011) 217. ......have been committed by the petitioner and the accused No.1 under the Ain of 2009 during the period from 01.01.2003 to 31.05.2007. We have noticed that the details of the allegations of the offence of money laundering have been elaborately set out in the FIR, being Cantonment Police Station Case No.0..Category: Civil Law | Date: | Hits: 174
Razia Sultana Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....annot now exercise its powers under Article 8 of the Order. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 366. ......th the Dhakeswari Cotton Mills Ltd (the company, in short) to purchase one of its properties situated at the premises at the holding No. 28, Hatkhola Road Dhaka. In pursuance to the said agreement an amount of Taka 55,000 by way of advance was paid to the company out of the total consideration of Ta......property but she was asked to vacate the premises only on the round that the balance of the total consideration was not paid within time, as such, she was asked to vacate the premises and the earnest money paid earlier was sought to be forfeited. The learned Advocate submits that when the agreement ..Category: Business or Commercial Law | Date: | Hits: 194
Jashimuddin (Md.) alias Md. Jashimuddin Vs. Dali Begum and another, 2003, 32 CLC (HCD)
.... In that view of the matter, the Rule is discharged without any order as to costs. The stay order granted by this Court is hereby vacated. Ed. This Case is also Reported in: 56 DLR (2004) 358. ......live as husband and wife. The defendant No. 1 demanded dowry of Taka 10,000 from the plaintiff. The plaintiff stated to him that her father is very poor man and she has no ability to pay the demanded amount. Consequently, the defendant No. 1 sent the plaintiff to her father's house. After few days t......son are not entitled to get any maintenance and that the suit has not been filed as per provision of law and that the plaintiff is a corrupt woman and she used to cohabit with various persons to earn money and that the defendant No. 1 is a minor boy of 14 years and he appeared in SSC examination in ..Category: Family Law | Date: | Hits: 186
State Vs. Billal Hossain Gazi, 2004, 33 CLC (HCD)
....ourt and the trial Court shall be at liberty to decide the case independently on the basis of the evidence to be available with the record. Ed. This Case is also Reported in: 56 DLR (2004) 355. ......ourt and the trial Court shall be at liberty to decide the case independently on the basis of the evidence to be available with the record. Ed. This Case is also Reported in: 56 DLR (2004) 355. ......ich is as follows: 3. The victim Nilufa Akter has been given in marriage with the condemned prisoner about 7/8 years ago. After the marriage the accused Billal Hossain Gazi has taken ornaments and money as dowry by creating pressure upon the victim. He used to torture the victim both physically a..Category: Criminal Law | Date: | Hits: 43
Masud Mia (Md.) Vs. State, 2003, 32 CLC (HCD)
.... Md. Masud Mia be set at liberty forthwith if not wanted in connection with any other case. Send down the lower Court's records at once. Ed. This Case is also Reported in: 56 DLR (2004) 352. ......ds close scrutiny. 19. We have given our anxious consideration to the facts and circumstances of the case and the material evidence on record and we fail to persuade ourselves to conclude with any amount of certainty that accused Md. Masud Mia actually committed rape on victim Mst. Arzina Khatun ...... Md. Masud Mia be set at liberty forthwith if not wanted in connection with any other case. Send down the lower Court's records at once. Ed. This Case is also Reported in: 56 DLR (2004) 352. ..Category: Criminal Law | Date: | Hits: 45
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