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Md. Abdul Khaleque and another Vs. Manik Chandra Sheel and others, 2010, 39 CLC (AD)
....of 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 Reported in: 16 MLR (AD) 2011, 16. ......of 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 Reported in: 16 MLR (AD) 2011, 16. ......s mischief was done at the instance of one Nironjon, who lives under Char Bhadrashon Police Station being the brother’s son of defendant No.2 and that the defendant No.2 in fact did not receive any money and that she did not aware as to the transfer at all and it was done by Niranjon in collusion ..Category: Property Law | Date: | Hits: 29
Khan and Company Ltd. Vs. Presiding Judge of the District Court and others, 2000, 29 CLC (HCD)
.... were on 1-11-98 strictly in accordance with the provision of Order XXXVII CPC as quickly as possible. Send down the LC records at once. Ed. This Case is also Reported in: 54 DLR (2002) 121. ...... were on 1-11-98 strictly in accordance with the provision of Order XXXVII CPC as quickly as possible. Send down the LC records at once. Ed. This Case is also Reported in: 54 DLR (2002) 121. ......i J.- Writ Petitioner Ms Khan and Company Ltd. represented by Ansarul Huque filed 7 (seven) Suits being Title Suit Nos. 7, 9, 10, 11, 13, 14 and 15 all of 1998 in the District Court of Dhaka claiming money on bill of exchange under Order XXXVII CPC against the National Bank Ltd. Summons of the suits..Category: Civil Law | Date: | Hits: 64
Mokim alias Md. Mokim Vs. State, 2002, 31 CLC (HCD)
....arhad Ahmed further submits that if it is held that the trial is not without jurisdiction but the trial is vitiated due to joinder of scheduled offence with non‑scheduled offences and, as such, the whole trial has been vitiated. In this connection he referred to some decisions which we will discus......of Azizul Haque Malita from his house at village Gopalnagar when he was sleeping in his verandah of his dwelling house At the time of abduction the miscreants ordered his family members to arrange at amount of Taka 20,000 as subscription and also asked them that they would make communication through......s father-in-law that his brother-in-law Atiar Rahman was abducted on point of arms he went to his father-in-law's house. The miscreants demanded Taka 20,000 as subscription' and on refusal to pay the money. Atiar Rahman was abducted and he lodged the first information report. In cross-examination he..Category: Criminal Law | Date: | Hits: 38
Badarnessa and others Vs. Mafuza Khatun and others, 2009, 38 CLC (AD)
....ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 195.......ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 195.......duly correctly recorded in CR Khatian. The plaintiff stated that Alam Khan has no title and possession in (Ka) and (Kha) schedules land and Bahadur Khan acquired (Ka) and (Kha) schedule land with his money in the benami of his son Alam Khan Both the Courts below concurrently held relying on eviden..Category: Property Law | Date: | Hits: 29
Azizur Rahman Vs. Mariamunnessa and others, 2001, 30 CLC (HCD)
.... directed to dispose of the suit within one year from the date of receipt of this judgment and order. Send down the lower court records. Ed. This Case is also Reported in: 54 DLR (2002) 108. ...... directed to dispose of the suit within one year from the date of receipt of this judgment and order. Send down the lower court records. Ed. This Case is also Reported in: 54 DLR (2002) 108. ......II rule 15, of the Code of Civil Procedure, the Courts below would have held that the said tenant was not properly represented in the said suit for rent and the decree in that suit operated only as a money decree, and, therefore, the sale held thereunder passed only the right, title and interest of ..Category: Property Law | Date: | Hits: 44
Matasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (HCD)
....ule stands discharged. Order of stay recorded by this Court at the time of issuance of Rule dated 5-11-2000 stands vacated. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 104. ...... In any suit in which the Court deems a local investigation to be requisite or proper for the purpose of elucidating any matter in dispute, or of ascertaining the market-value of any property, or the amount or any mesne profits or damages or annual net profits, the Court may issue a Commission to su......ule stands discharged. Order of stay recorded by this Court at the time of issuance of Rule dated 5-11-2000 stands vacated. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 104. ..Category: Administrative Law | Date: | Hits: 236
M.A. Hai and others Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (HCD)
.... cases. In the result, all the Rules are discharged but without any order as to costs. Mohammad Ismail Uddin Sarker J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 109. ......the date the Government servant is placed under suspension" shall be deemed to be the date of coming into force of the Rules of 1984. We are frankly unable to accept this submission, for, this will amount to rule-making on our part. We cannot read into the Rules what is not there. A legal fiction ...... cases. In the result, all the Rules are discharged but without any order as to costs. Mohammad Ismail Uddin Sarker J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 109. ..Category: Employment/Service Law | Date: | Hits: 80
Sonali Bank Vs. Rana Oil Mill and ors., 1999, 28 CLC (HCD)
....0 is hereby set aside and the suit is also dismissed with costs of appeal and the suit. Send down the lower court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 130. ......t the judgment dated 31-1-1991 and decree dated 23-2-1991 passed by Mr. Abdur Razzak, Subordinate Judge, Artha Rin Adalat, Feni, in Artha Rin Money Suit No.1 of 1990 decreeing the suit in part for an amount of Taka 5,67,540.00. 2. The plaintiff, Sonali Bank, brought this suit for recovery of Taka......further case of the plaintiff is that, though the cash credit limit was enhanced to Taka 4 lac and the amount was disbursed to the defendants, there were no raw materials in the mill against the said money. The plaintiff alleged that the defendant removed the loan money to different sector illegally..Category: Civil Law | Date: | Hits: 85
Begum Khaleda Zia Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....o government decision to demise the property in question to the petitioner. No.4. The decision for leasing out the property in question to the petitioner being taken by the Chief of Army Staff-the whole process of the lease was highly illegal. No.5. The property in question being Official Bung......of government property by private negotiation. If any disposal of government property in contravention of the supplemental notes added to rule 26 of CLA Rules, 1937 is approved by the court that will amount to giving of license to the authority concerned to dispose of public property arbitrarily and......n its earlier regime and also served several notices to the petitioner to that effect. The criminal case mentioned by the petitioner was filed against her on the allegation that she defalcated public money for repair, furniture etc. of her private residence. In that criminal case the lease in questi..Category: Property Law | Date: | Hits: 88
Belal alias Bellal and 2 others Vs. State, 2001, 30 CLC (HCD)
...., District-Dinajpur be set at liberty forthwith if not wanted in any other connection. Send down the lower Courts records expeditiously. Ed. This Case is also Reported in: 54 DLR (2002) 80. ......icipation of the accused in the said offence. Consideration of an alleged confession without there being any independent evidence of any offence having been committed which is alleged to be confessed amounts to putting the cart before the horse which obviously cannot move.” Their Lordships furt......currence at 11-30 on the night following 30-6-89 with his truck loading sesame, the dacoits numbering 20/30 stopped the truck by giving barricade on the road and assaulted PWs 3 and 7 and looted away money, wrist-watch, etc and at the same time another truck came and also became the victim at the ha..Category: Criminal Law | Date: | Hits: 83
State Vs. Rafiqul Islam alias Gadan, 2002, 31 CLC (HCD)
....y of this judgment be forwarded to the court of Additional Sessions judge, Court No‑1, Pabna for necessary action in accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 61. ......y of this judgment be forwarded to the court of Additional Sessions judge, Court No‑1, Pabna for necessary action in accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 61. ......ath of Rajab Ali was due to shock and hemorrhage resulted from the injuries mentioned in the post mortem report. PW 4 Md. Abdul Quddus alias Abdul Baten is an injured witness and the dacoits took his money from one of his pockets and he remained in the hospital for treatment. He supported the case o..Category: Criminal Law | Date: | Hits: 38
Hazera Begum Vs. Artha Rin Adalat & another, 2001, 30 CLC (HCD)
.... Artha Rin Adalat. The Rule is liable to be discharged. In the result, the Rule is discharged. Stay granted earlier is vacated. Ed. This Case is also Reported in: 54 DLR (2002) 78. ......er sub-section (2) of section 6, a defendant may file a case under Order 9 rule 13 of the Code of Civil Procedure but in that case, the petitioner defendant shall have to deposit half of the decretal amount. This provision of the depositing half of the decretal amount is over and above the condition......at may execute its decree. Under section 56 of the Code of Civil Procedure, civil Court cannot pass an order for detention in the civil imprisonment of a woman in execution of a decree for payment of money. In view of the language used in section 6 ka of the Artha Rin Adalat Ain, 1990 the provisions..Category: Civil Law | Date: | Hits: 89
....d consolidated salary of Tk. 195.00 plus a sum of Tk. 20.00 as conveyance allowance per month and that his service will be terminated without any notice or assigning any reason and that he would have whole time engagement as the Godown Keeper in t he g9down of Orient Textile Mills Ltd. Mirerbagh, Dh......d under such circumstances he cannot be treated to be a temporary worker. Further no such agreement has been produced by the petitioners to show that respondent Howladar's salary was debited from the amount of a borrower and other incidental expenses. Even if petitioner realised from the borrower un......ufficient materials and as such the decision does not call for any interference by this court.
In the result, the Rule stands discharged.
Ed.
This Case is also Reported in: 46 DLR (1994) 143. ..
Category: Labour and Industrial Law | Date: | Hits: 93
Khandaker Abul Bashar Vs. State, 2009, 38 CLC (AD)
....de of Criminal Procedure was rightly discharged by the High Court Division. Accordingly, this petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 404, 63 DLR (AD) (2011) 79. ......de of Criminal Procedure was rightly discharged by the High Court Division. Accordingly, this petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 404, 63 DLR (AD) (2011) 79. ......re that the Executive Engineer of the Roads and Highways Department, Shimrail, Narayangonj, filed a Complaint Case, alleging that the petitioner as the lessee of the Meghna-Gumti Bridge kept the toll money of Tk.2,85,12,500/- without depositing the same in favour of the Roads and Highways Department..Category: Criminal Law | Date: | Hits: 43
Bangladesh Water Development Board Vs. Golam Robbani Khan and others, 2006, 35 CLC (AD)
....ormed by the writ petitioner and approved by the highest authority of the respondents. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 402. ......mained unpaid though geo bags were supplied and dumped at the spot as per order of the respondent No.3. The writ petitioner therefore submitted an application to the respondent No.2 claiming the said amount and the respondent Nos.1-4 denied to pay the bill of the non-tender work without assigning an...... it is also urged by Mr. Khan by referring to the case of Water Development Board Vs. Shamsul Huq 51 DLR (AD) 169 that the High Court Division in its writ jurisdiction was not a court for recovery of money and had therefore no jurisdiction to give a direction as it did for payment of money unless th..Category: Others | Date: | Hits: 82
Jamir Ali (Md) and Md. others Vs. Secretary, Ministry of Land and others, 1999, 28 CLC (HCD)
....d in 50 DLR (AD) 11. In the result both the Rules are discharged without any order as to costs. Order of injunctions stand vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 125. ......d in 50 DLR (AD) 11. In the result both the Rules are discharged without any order as to costs. Order of injunctions stand vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 125. ......he respondent No. 5. Further case of the petitioners is, that they filed an application to the respondent No. 4 praying for releasing the said unutilised land and undertook to refund the compensation money received by them. But the said prayer was not allowed. Their further case is that gazette noti..Category: Property Law | Date: | Hits: 27
Atar Ali Miah (Md) Vs. State and Others, 1999, 28 CLC (HCD)
.... In the result, the Rule stands discharged. Order of stay granted at the time of issuance of the Rule stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 120....... in his favour for the year 1406 BS adjusting the loss incurred by him in the year 1405 BS. Defendant No.8 gave an undertaking to take lease of suit Hat for the year 1406 BS on payment of lease money amounting to Taka 32,39,901.00 which is above than the said Taka 31,39,901.00, the highest offer mad......and defendant-opposite-party Nos.10, 11 and 12 dropped tenders in third phase and petitioner was highest bidder quoting Taka 31, 39,901.00. Deputy Commissioner, Habiganj with a view to get more lease money, instead of accepting offers received in third phase, decided to go for re-tender in the inter..Category: Property Law | Date: | Hits: 34
Farzana Moazzem Vs. Securities and Exchange Commission and others, 2001, 30 CLC (HCD)
.... above terms without any order as to costs. Let copies of the judgment be expeditiously sent to respondents No.1 and 3 for necessary action. Ed. This Case is also Reported in: 54 DLR (2002)66.......E on 4-1-2000 which was duly received by it (DSE) on the same day. In terms of Regulations 7 and 8 of the Settlement of Stock Exchange Transactions Regulations, 1998 the petitioner was entitled to an amount of Taka 1,07,80,152.89 against buy and sale of various securities including the sale proceeds...... be, in DSE after the day subsequent to the settlement day on the risk and account of the defaulting member, without any further reference. DSE shall inform the defaulting member as to the difference money, if any, for payment immediately after buying in or selling out by DSE.” “8. Clearance ..Category: Business or Commercial Law | Date: | Hits: 210
Khondaker Modarresh Elahi Vs. Government of the People’s Republic of Bangladesh, 2000, 29 CLC (HCD)
.... procession will always disrupt the normal life of a section of people. These rights are enshrined in the Constitution and have to be allowed to be exercised in the greater context of the nation as a whole for its political and social development in democratic culture. 4. From the petition and th......itals for treatment, prevent the people from traveling and to generally prevent them from attending to their work either in service of the State or in their own interest, that obviously means that it amounts to a negation of the rights of the citizens to enjoy their natural rights, their fundamental......I concur with the judgments delivered by my learned brothers Mainur Reza Chowdhury and Syed JR Mudassir Hussain, JJ, in discharging the Rule. Ed This Case is also Reported in: 54 DLR (2002) 47. ..Category: Constitutional Law | Date: | Hits: 216
City Sugar Industries Ltd. and others Vs. Human Rights and Peace for Bangladesh, 2010, 39 CLC (AD)
....i.e. let the safety of the people be the Supreme law. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 389. ......i.e. let the safety of the people be the Supreme law. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 389. ......athi No. নাব/জেএল/৪১৯/৫১৯ dated 06.10.2009. The petitioner No.1 paid the entire licence fee of Tk.4, 23,408.00 and the same has been received by the concerned authority vide money receipt No. 533619 book No. 5337 dated 08.10.2009. 30. It was stated that the petitioners a..Category: Environmental Law | Date: | Hits: 344
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