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Shah Alam (Md.) Vs. Abdul Hashem Bepari and others, 2000, 29 CLC (HCD)
....oner has placed before me the plaint, the written statements as well as the impugned judgments. It appears that in the original written statement contesting defendant No.1 denied the transaction as a whole and branded it as false and frivolous. But when the plaintiff, on the order of the Court, depo......property on receiving the balance of the consideration. The plaintiff repeatedly requested defendant No.1 to execute and register the promised sale deed on receipt of the balance of the consideration amounting to Taka 10,000 but the defendant deferred the deal on some plea or the other and eventuall......r alia, that the defendant entered into an agreement with him for sale of the suit property at a consideration of Taka 60,000 out of which the defendant received on 30-11-83 Taka 50,000.00 as earnest money and duly executed a bainapatra in his favour. In part performance of the contract defendant No..Category: Civil Law | Date: | Hits: 81
Solaiman (Md.) and others Vs. Md. Mosharaf Hossain Khan and others, 2002, 31 CLC (HCD)
....heir service book. A copy of this judgment be sent to the Secretary, Ministry of Sport and Ministry of Establishment for necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 531.......rder on 30th of July, 2001 in chamber which was ultimately extended from time to time and taking advantage of that stay order, the final result of election was published on 6-8-2001 which clearly tantamount to contempt of court. The learned Advocate further submits that they have also published some......heir service book. A copy of this judgment be sent to the Secretary, Ministry of Sport and Ministry of Establishment for necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 531...Category: Civil Law | Date: | Hits: 70
Al-Haj Mohibur Rahman Vs. Most. Rahana Khatun @ Suvodra Rani Sarkar, 2010, 39 CLC (AD)
....ng the title and possession of the parties in the land and house. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 878.......ng the title and possession of the parties in the land and house. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 878.......wo sons were born in the wedlock. Before marriage the defendant had two wives and six sons and four daughters, the defendant is an ambitious person. The plaintiff bought a house and land with her own money. On 13.07.2006 the defendant tried to kill the plaintiff and as such the plaintiff divorced th..Category: Family Law | Date: | Hits: 200
.... the Ministry of Law, Justice and Parliamentary Affairs. He could have continued as such for another nine months more. He opted for the opportunity only with expectation that he could perform justice whole heartedly and independently until he would attain the age of retirement.
23. Non-confirmati......recommendation of the Chief Justice in appointing the Judges is a breach of constitutional law which had adverse impact on the independence of the judiciary. This non-observance of the recommendation amounts to breach of the basic feature of the Constitution as it hampers the independence of judicia......tment of such Additional Judges is that the Constitution cannot be conceived to allow the executive to get rid of such suitable and capable Judges from the Supreme Court after the expenditure of huge money from the public exchequer to make them suitable and capable for performing most difficult job ..
Category: Constitutional Law | Date: | Hits: 252
Arshad Hossain Haider and others Vs. Suza Uddoula and others, 2010, 39 CLC (AD)
....ooks is dispensed with as prayed for. The order of status-quo granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 846.......ooks is dispensed with as prayed for. The order of status-quo granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 846.......approved plan of the DIT and that the authority issued clearance certificate on 21.07.1968; that said Md. Jamiruddin while had been owning and possessing the suit property, he being in need of cash money proposed to sell the suit property to the plaintiffs on the 1st week of March, 1971 and the pl..Category: Property Law | Date: | Hits: 32
....s of the case and the terms of the decree we do not find any merit in this leave petition.
Accordingly the leave petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 819.......by a common judgment) disposing of the writ petition directing Artha Rin Adalat No.3 Dhaka to dispose of Money Execution Case No.51 of 1992 filed by the decree-holder after deduction of the decreetal amount payable to the decree-holder Bank from the decreetal amount payable by the decree-holder Bank......tion Case No. 3 of 1999.
3. The learned Judges of the High Court Division noticed "From the above stated admitted facts it is evident that both the sets of Writ Petitioners have got one decree for money each against the other. Admittedly the Writ Petitioner Eastern Bank Limited has got a decree f..
Category: Civil Law | Date: | Hits: 75
Rabeya Khatun Vs. Sheikh Ashraful Islam and others, 2009, 38 CLC (AD)
....ch as defendant No.1 did not contest the instant Suit, Appeal and Revision; that the learned appellate Court below having found that Sarat Chandra gave pattan orally to his one son Ramesh Chandra the whole suit land area 59 decimal has not been proved by evidence and that only a recital in the subse...... above, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 815. ......on. Narayan Chandra entered into an agreement with Rabeya Khatun but in the name of her son-in-law, the defendant No.1 for sale of his land and accordingly paid Tk. 3600.00 out of total consideration money of Tk. 4000.00 to Narayan Chandra and possession was handed over. Thereafter since the Narayan..Category: Property Law | Date: | Hits: 33
Abul Kalam Engineer and another Vs. M Nasiruddin Howlader and others, 2002, 31 CLC (HCD)
....prima facie case for interlocutory injunction. The balance of convenience and inconvenience is also greatly against the plaintiff. 20. Learned Joint District Judge appears to have misconceived the whole matter. His finding of existence of a prima facie case or the balance of convenience or inconv......rged. Order of stay is recalled and vacated. Learned Joint District Judge is directed to take steps for disposal of the Suit. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 515.......hased and possessed. So, at the moment, he cannot be heard to say that if the defendants are allowed construction in their land, any of his rights would be violated, which could not be compensated by money. On the other hand, it cannot be said that obstruction of the plaintiff to the construction ha..Category: Property Law | Date: | Hits: 33
Madinullah Miah Vs. Md. Abdul Mannan & another, 2001, 30 CLC (HCD)
....reby set aside. The Miscellaneous Case No. 4 of 1997 of the Assistant Court, Hatia, Noakhali is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 507....... responsibilities and send the case, in such a situation, on remand to the Court below for disposal. If it does that, it will then be failing in its duties and will be guilty of misdirection. It will amount to an abuse of its power and authority. If an appeal is properly brought before an appellate ......reby set aside. The Miscellaneous Case No. 4 of 1997 of the Assistant Court, Hatia, Noakhali is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 507...Category: Property Law | Date: | Hits: 37
Siddique Abedin Vs. Md. Musa Alam and State, 2000, 29 CLC (HCD)
....d Magistrate is directed to proceed with the case in accordance with law and shall hear the matter relating to taking of cognizance afresh. Ed. This Case is also Reported in: 54 DLR (2002) 506. ......f complaint itself. 4. We have perused the petition of complaint and order passed by the Magistrate. From the petition of complaint it appears that after giving a specific promise of returning the amount accused petitioner took Taka 1,20,000 from complainant and the cheque which he issued for rep......he petition of complaint it appears that after giving a specific promise of returning the amount accused petitioner took Taka 1,20,000 from complainant and the cheque which he issued for repayment of money was dishonoured. As the amount was taken after giving a specific promise of returning the amou..Category: Criminal Law | Date: | Hits: 28
....2000 is hereby recalled and vacated. Learned Subordinate Judge is directed to proceed with the suit in accordance with law.
Communicate.
Ed.
This Case is also Reported in: 55 DLR (2003) 166.
......erent adjudication orders on the basis of Import General Manifest as submitted by them; and also
CIV a decree of mandatory injunction directing defendant Nos. 2 and 3 to pay the penalty and other amount as assessed by defendant No. 1.
4. On the same date, the application was heard and rejecte......on of further relief after clause C of paragraph 20 of the plaint, which are of the following effect,
CI the joint declaration dated 1-8-91 to be declared void ab initio and be cancelled;
CII a money decree for a sum of Taka 3,90,735;
CIII defendant No. 2 and 3 to be declared liable and res..
Category: Procedural Law | Date: | Hits: 60
Aumullaya Chandra Haldar Vs. Md. Mohsin Ali Mandal & others, 2002, 31 CLC (HCD)
...., as such, it should be maintained. In the result the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 54 DLR (2002) 500. ......2 Sarat Chandra Halder to the stranger opposite party No. 1 Mohsin Ali Mandal on 13-9-1994 by a registered kabala. The petitioner is a co-sharer in the case holding and he deposited the consideration amount of the kabala under preemption amounting to Taka 7,000 along with statutory compensation as r......h statutory compensation as required under section 96 of the State Acquisition and Tenancy. 3. The opposite party No.1 Mohsin Ali Mandal contested the case stating, inter alia, that the deposit of money was insufficient as the consideration of the sale was fixed at Taka 40,000 which was actually ..Category: Procedural Law | Date: | Hits: 75
.... the Rule. Accordingly, the Rule is discharged and the order of stay granted at the time of issuance of the Rule is hereby vacated. No costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 494.......f 1989 for realisation of money, impleading respondent No. 5 as defendant. The case of respondent No. 2, in short, is that respondent No. 5 took a loan of Taka 25,000 but he failed to re-pay the said amount regularly as a result of which outstanding balance rose to Taka 50,855.
3. Respondent No. ......er Taka 16,000 with interest from 19-4-1989 from the writ petitioner.
2. Facts leading to the issuance of the Rule, in brief, are; Respondent No. 2 filed Money Suit No.2 of 1989 for realisation of money, impleading respondent No. 5 as defendant. The case of respondent No. 2, in short, is that res..
Category: Civil Law | Date: | Hits: 76
Government of Bangladesh Vs. Hazrat Baku Shah Hawkers Market Somabaya Samity, 2010, 39 CLC (AD)
....m date". The Attorney General office will communicate the judgment and order of this Court to the Ministry concerned for compliance. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 505.......aku Shah Hawkers Market Somabaya Samity on the basis of a decision of the Central Land Allocation Committee of the Government. It was duly approved by the Hon'ble Prime Minister and the consideration amount fixed at Tk. 16,80,21,000/- has been received from the aforesaid Samity as far back in the ye......session of 1.68 acres of land and that the said Hazrat Baku Shah Hawkers Market Somabaya Samity after getting allotment for lease of 1.68 acres of land for a period of 30 years paid the consideration money amounting to Tk.16,80,21,000/-, duly accepted by the Government, and when the Government was t..Category: Property Law | Date: | Hits: 28
Nasiruddin Khan Vs. Forhad Hossain Bhuiyan, 2009, 38 CLC (AD)
....the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 707.......the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 707.......in respect of Dag No.235 and the plaintiff was defendant No.4 in that suit and during pendency of that suit, the defendant No.1, proposed to sale his share of the suit property for his necessary of money and the plaintiff agreed to purchase it and they settled the matter in Modina Engineer Works..Category: Property Law | Date: | Hits: 42
Commissioner of Tax Vs. Chowdhury Apparels (Pvt.) Ltd., 2001, 30 CLC (HCD)
....question No.1 has been answered in the affirmative, we find it redundant to answer question No.2 which is more or less similar question No.1. Ed. This Case is also Reported in: 54 DLR (2002) 483.......ft by the bank is Apparent from the bank statement submitted by the assessee company and accordingly they found that the Deputy Commissioner of Taxes was not legally justified in adding the aforesaid amount under section 19(4) of the Ordinance as income from other source. 6. It appears from the a......question No.1 has been answered in the affirmative, we find it redundant to answer question No.2 which is more or less similar question No.1. Ed. This Case is also Reported in: 54 DLR (2002) 483...Category: Fiscal/Taxation Law | Date: | Hits: 86
Angur Vs. State, 1988, 17 CLC (HCD)
.... in his opinion the person has, cither willfully concealed anything essential or had given false evidence and has not complied with the condition on which the lender was made. This implies that the whole basis for the prosecution of a person to whom pardon has been tendered under section 337 or 33......took away one stengun along with two magazines and 55 rounds of ammunitions from the guards of the Nikli Branch of the Agrani Bank who were traveling by the same launch. The dacoits also took away an amount of Tk. 600/- in cash and some other papers from the possession of the serang of the launch. I......e anything for which the pardon already tendered to him can be forfeited. He should be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (1989) 66...Category: Criminal Law | Date: | Hits: 42
Warish Miah Vs. People's Republic of Bangladesh, 1988, 17 CLC (HCD)
....s and capable of giving more than one meaning, then of course, the court has to take additional care and precaution to examine the same in order to give the real meaning to it taking the statute as a whole with a view to ascertaining the intention of the law makers. But if the language of the statut......es of the present case. In the result, the Rule is discharged without costs. The order of slay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 51......Dewan Abul Khair Chowdhury executed a promissory note, Annexure X-I on receiving a promissory note duly executed by Sabbir Ahmed Chowdhury (Annexure-X) binding him (Sabbir Ahmed Chowdhury) to pay the money on demand to Abul Khair Chowdhury and Gofran Chowdhury. This goes to show that respondent No. ..Category: Election Law | Date: | Hits: 104
Sonali Bank Vs. Meghna Vegetable Oil Industries Ltd. & ors., 2009, 38 CLC (AD)
....wing the defendant Nos.1 and 2 to file a written statement advised. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 644....... to Sonali Ltd. The bifurcation of parties of Meghna Group of Industries took place as per agreement dated 03.11.2001 and subsequent amendments dated 22.01.2004 and 04.03.2004 whereby ultimately an amount of Tk. 15,48,95,235.69 remained outstanding payable by 'ka' group enterprise to 'kha' group......nt as proforma defendants Nos.7 to 10 the companies of 'ka' group. The plaintiff-appellant-respondent in the relief sought for in the plaint prayed for a decree of declaration and alternatively a money decree against the principal defendant-respondent-petitioners Sonali Bank Ltd. in respect of..Category: Procedural Law | Date: | Hits: 81
Altaf Hossain and others Vs. State, 2001, 30 CLC (HCD)
..... The accused appellants, who are currently on bail, are discharged from their bail bonds. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 464........ The accused appellants, who are currently on bail, are discharged from their bail bonds. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 464....... as ransom to be paid by 1997. Thereafter the miscreants asked not to disclose this fact to anybody. He also stated that the miscreants had given out to him that they would come back soon to take the money. At about 9-30 PM on 31-1-1997 the informant was coming back home from Magura Town and when he..Category: Criminal Law | Date: | Hits: 28
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