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Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)
....te instructed by Md. Nurul Huq, Advocate-on Record—For the Appellants. Serajul Huq, Advocate, instructed by Aminul Huq, Advocate-on-Record—For the Respondents No.1-8, 10, 11 & 13-20. Ex-parte—Respondent No. 9 Struck off Respondent No.12. Civil Appeal No. 25 of 1973. (From ......t receipts which were marked Exts.4-4(k) and noticed the discrepancies and suspicious features in regard to them. He pointed out that cither of the two Dakhilas Ext. 4(c) and 4(J) which showed double payment of the rent for the year 1347 BS was fabricated and also expressed the view that Ext 4(k) wa......at the appeal is allowed with costs. The judgment and decree of the High Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ..Category: Property Law | Date: | Hits: 97
Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)
....-77 made by the 1st Court of Subordinate Judge, Dacca in a suit instituted by respondent Nos.1 and 2 against the petitioner and the remaining respondents, without issuing any rule upon the opposite parties impleaded in the said revisional application. 2. Caveat has been entered into on behalf ...... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ...... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ..Category: Civil Law | Date: | Hits: 111
Musammat Khaleda Razia Khanam and others Vs. Mahtabuddin Choudhury and others, 1977, 6 CLC (AD)
....nt of a Bench of the High Court Division dismissing a Second Appeal preferred against a judgment of reversal decreeing a suit brought by the predecessor-in-interest of Respondent Nos.1 to 6 for partition on declaration of title. 2. Plaintiff, Mainuddin Chowdury, instituted the suit for pa......f the deeds Exts.1 (a), 1(b) and 1(d) was not binding upon the High Court as it was based partly on non-consideration of some evidence and partly on misreading of certain other evidence in respect of payment of the consideration of the disputed Kabalas. We do not think that there is any substance in......chase enured to the benefit of Kushor Pashi. We do not find any of the contentions to be of substance. The petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 27. ..Category: Property Law | Date: | Hits: 102
....imposition of the Development and Relief Tax under the East Pakistan Ordinance No. LXXXII of 1958 only. But on a perusal of the judgment of the High Court and hearing, the learned Counsel of both the parties it appears that the question as to the legality of the imposition of the Additional Develo......ease of a plot of land at the Dhanmandi Residential Area of the City from the Govt. of East Pakistan for a period of 99 years commencing from the 29th day of January, 1957 in consideration of the payment of 7.980/- as salami and annual rent of Rs. 36/-which is liable to be revised, according to ......lt, therefore, is that subject to the observation made above, the appeal is dismissed. There shall, however, be no order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 1.
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Category: Property Law | Date: | Hits: 114
Mokbul Hossain and others Vs. State, 2011, 40 CLC (HCD)
....ere with the same. 9. We have carefully examined the evidence and other materials on records. P.W.1, the informant Abdul Hakim Khondker in his deposition supported the prosecution case, but with departure from his ejahar. He stated that the occurrence took place on 12.9.1991. In the previous nigh......e acquitted of charges leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ......rther defense case as it transpires from the trend of cross-examination is that the informant himself made shortage of the kerosene barrels and shifted the motorbikes elsewhere to escape liability of loan to his Principal Merchant. 6. After conclusion of trial, the learned Judge found the appella..Category: Criminal Law | Date: | Hits: 105
State Vs. Jahangir Mallik, 2008, 37 CLC (HCD)
....of reasonable doubt by adducing independent, disinterested eye-witness of the occurrence. He further submits that the learned Judge failed to take proper care and caution in assessing the evidence of partisan and interested witnesses. It is further submitted that the learned Judge was manifestly wro......onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ......onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ..Category: Criminal Law | Date: | Hits: 87
Pubali Bank Ltd. Vs. Farzana Begum and another, 2009, 38 CLC (HCD)
....he Bank to set up claim of only the loan amount by adding not more than double the principle amount as interest irrespective of the contract. In the said line, we consider it fit and proper to pass a part decree against the defendants for the principal loan amounting to Taka 40,000 plus double the s......n. The defendant No. 1 withdrew the loan amount but did not repay the same in accordance with the terms and conditions of the contract. Several reminder notices were served on the defendant No. 1 for payment of loan money after expiry of the period for repayment. The defendant No. 1 failed to make a......dge (Joint District Judge), Artha Rin Adalat No. 3, Dhaka, in Title Suit No. 209 of 1990 dismissing the suit. 2. The Pubali Bank as the plaintiff, filed the above mentioned suit for realisation of loan money sanctioned under a usufructury mortgage against the defendants contending that the defend..Category: Civil Law | Date: | Hits: 116
Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)
....ms of the Board resolution of respondent No. 3 as contained in its letter dated 25-2-1995. 3. The respondent No. 3 submitted a written objection refusing to accept compromise earlier agreed by the parties on some flimsy and untenable grounds. Upon hearing the parties the learned Court passed an o......ainst their loan liabilities. They further submitted that before issuance of compromise letter dated 25-2-1995 by the respondent No. 3 rescheduling the loan liabilities, the petitioners, defaulted in payment of installments and, as such, their names are rightly included in the CIB Report. They also ...... the case as stated in the petition are that the petitioner No. 1 is a company engaged in jute mills business and petitioner No. 2 is its Managing Director. Petitioner No. 1 has been enjoying various loan, overdraft and banking facilities from its banker, respondent No. 3, for the purpose of its bus..Category: Civil Law | Date: | Hits: 121
Baby Masum & another Vs. Bangladesh Film Development Corporation, 2009, 38 CLC (HCD)
....arty. Criminal Miscellaneous Case No. 1927 of 2002 Judgment Md. Emdadul Huq J. - In this case under section 561A of the Code of Criminal Procedure a Rule was issued calling upon the opposite parties to show cause as to why the proceeding, of CR Case No. 2355 of 2001 pending in the Court of ......, the claims payable to FDC stood at Taka 35,93,315 out of which Taka 11,60,000 remained unpaid. At the time of taking delivery of the release-print of the film they issued two post-dated cheques for payment of the unpaid dues. The cheques were presented by the FDC for encashment, but dishonored. Th...... Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 29. ..Category: Criminal Law | Date: | Hits: 95
....ker Government and former Chief Justice of Bangladesh, Mr. M Amirul Islam, Senior Advocate, Supreme Court of Bangladesh and Dr. M Zahir, Senior Advocate, Supreme Court of Bangladesh, upon hearing the parties, by a majority decision, made an Award of Taka 31,27,50,566 in favour of the claimant (the r......e.
Accordingly, the Award dated 8-4-2006 is hereby set aside.
There will be no order as to costs.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 20; 14 MLR (HCD) (2009) 441.
......e.
Accordingly, the Award dated 8-4-2006 is hereby set aside.
There will be no order as to costs.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 20; 14 MLR (HCD) (2009) 441.
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Category: Alternative Dispute Resolution | Date: | Hits: 385
State Vs. Anwar Hossain and others, 2008, 37 CLC (HCD)
....re playing cards. He farther submits that PWs 2, 3, 4, 6 and 9 as eye-witnesses testified that the accused persons shot the deceased to death. They are independent and disinterested witnesses, not partisan and inimical with the accused. There was no chance of their deposing falsely against them....... sentenced to imprisonment for life. The jail appeals are accordingly, disposed of. Send down the lower Court's records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 1. ...... sentenced to imprisonment for life. The jail appeals are accordingly, disposed of. Send down the lower Court's records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 1. ..Category: Criminal Law | Date: | Hits: 67
....th. Meanwhile, he lost his original Secondary School Certificate. As such, he could not take any step to correct his date of birth although his date of birth was shown as 31st October, 1947 AD in one part of the service book. The petitioner also found that the figure “9” occurring in the figure ......y ground to interfere with the decision of the High Court Division.
Accordingly, the appeal is dismissed. There is no order as to costs.
Ed.
This Case is also Reported in: 9 ADC (2012) 169.
......y ground to interfere with the decision of the High Court Division.
Accordingly, the appeal is dismissed. There is no order as to costs.
Ed.
This Case is also Reported in: 9 ADC (2012) 169.
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Category: Employment/Service Law | Date: | Hits: 739
....k and key the imported Canadian wheat stored by the applicant in the godown belonging to Bhaiya Food Industries Limited pursuant to lease Agreement dated 15.12.2010 on the assumption that the same is part of the assets of writ petitioner No.1-Company.
(c) The writ petitioner entered into a lease ......he Rule.
Accordingly, we find no substance in this petition, which is accordingly dismissed with the observations made in the body of the judgment.
Ed.
This Case is also Reported in:
......he Rule.
Accordingly, we find no substance in this petition, which is accordingly dismissed with the observations made in the body of the judgment.
Ed.
This Case is also Reported in:
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Category: Civil Law | Date: | Hits: 131
Engineer A. B. Siddique Vs. Kazi Akramuddin and others, 2011, 40 CLC (AD)
.... leave to appeal, in short, are as follows: On 16.09.2000, writ-petitioner filed an application to writ-respondent No.1 for allotment of about 3 kathas of land appertaining to R.S. Plot Nos.1101 (part) and 1435 (part) of Chittagong Agrabad Commercial Area for running his business. On 19.09.2000,......paration of paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 279.......paration of paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 279...Category: Property Law | Date: | Hits: 79
Mampower Ltd. Vs. Artha Rin Adalat No.2, Dhaka and another, 2011, 40 CLC (AD)
....This petitioner appeared in the suit and filed written statement and an application under Order 7 Rule 11 of the Code of Civil Procedure for rejection of the plaint on the ground of misjoinder of the parties and causes of action. In that application the petitioner stated that since the defendant Nos......tions made by the High Court Division could not be sustained and accordingly they are expunged. The petition is disposed of with the above observations. Ed. This Case is also Reported in: ...... are that the respondent No.2, Premier Bank Ltd., Elephant Road Branch, Dhaka, filed Artha Rin Suit No.439 of 2008 against Mampower Ltd. (present petitioner) and others for realization of outstanding loan of Tk.1556.30 lac only stating that it owes the plaintiff bank Tk.1492.03 lac, and the defendan..Category: Procedural Law | Date: | Hits: 112
Khairul Bashar (Md.) and 8 others Vs. Collector of Customs and others, 1997, 26 CLC (HCD)
....1365, 1366, 1516, 1681 and 1405 of 1993 are made absolute. Rule in Writ Petition Nos.518, 718, 785, 912, 1293, 1294, 1447, 1708, 2830 of 1992 and Writ Petition No.1931 of 1993 are made absolute in part. Rules in Writ Petition Nos.2197, 2584, 2728, 2831, 2974, 3067, 3189 and 3473 of 1992 are di...... the basis of such declared value. 7. Normally invoice value is the basis of assessment of customs duty. To prevent under invoicing or over invoking widely practised by the traders either to evade payment of proper duty or to smuggle out foreign exchange power has been vested in the Government un......ty to encash the bank guarantee in full in respect of the discharged Rules and in part in respect of the Rules made absolute in part. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 225. ..Category: Fiscal/Taxation Law | Date: | Hits: 134
Kamal Miah (Md.) alias Nasim Vs. State and another, 1998, 27 CLC (HCD)
....aul Karim, Advocate - For the Petitioner. Md. Mustafa, Assistant Attorney-General - For the State. Criminal Revision No. 351 of 1997. Judgment Hamidul Haque J.- By this Rule, the opposite parties were directed to show cause as to why the delay of 372 days in filing the revisional applica......inion that the delay in this case in filing the revisional application may be condoned. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 224. ......inion that the delay in this case in filing the revisional application may be condoned. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 224. ..Category: Criminal Law | Date: | Hits: 63
Raquibuddin Ahmed Vs. SAM Iqbal and another, 1997, 26 CLC (HCD)
....nir, Advocates - For the Contemner-Opposite Parties. Civil Rule No.130 (R) of 1994 (Contempt). Judgment Md. Mozammel Hoque J.- As per order of this Court dated 29-7-97 the contemner-opposite party No.1 is present in Court in person. 2. This Rule for Contempt of Court was issued calling u......Secretary of the BSC. But on the same day 31-8-82 the service of the petitioner were terminated from the afternoon under Regulation 12(a) of the Bangladesh Shipping Corporation Service Regulations on payment of three months’ salary in lieu of three months notice as per direction of the Ministry. ......the Chief Metropolitan Magistrate, Dhaka, and the Officer-in-Charge, Ramna Police Station, Dhaka, for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 209...Category: Others | Date: | Hits: 142
....ong with two other army officers. Accordingly, the detenu left Bangladesh in the first week of July, 1975 and joined the said course in India. On 15th August, 1975 the detenu was away from Bangladesh participating in the said training course in Ahmed Nagar, India, with two other Officers. When the d......release the detenu forthwith if not wanted in connection with any other case.
Let an advance order of release be issued immediately.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 201.......release the detenu forthwith if not wanted in connection with any other case.
Let an advance order of release be issued immediately.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 201...
Category: Criminal Law | Date: | Hits: 76
Bashir Kha Vs. State, 1998, 27 CLC (HCD)
....e on record and the other materials on record. On scrutiny of the record of the learned Magistrate it appears that in the charge only the above two sections of the Penal Code were mentioned but other particulars such as date, time, place of occurrence, the name of person against whom the offence was......et aside. The petitioner is acquitted of the charge and also discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 199.......et aside. The petitioner is acquitted of the charge and also discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 199...Category: Criminal Law | Date: | Hits: 58
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