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Monir Hossain Vs. Artha Rin Adalat No.4, Dhaka & others, 2010, 39 CLC (AD)
....rit petition is not legally maintainable. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 236. ...... 2. Short facts stated in the Writ Petition are that the respondent No. 2 instituted Title Suit No. 77 of 2000 for a preliminary decree of Tk. 85,66,535/- and in case of failure to pay the decretal amount, for passing a final decree for recovery of the decretal amount by selling the schedule prope......ransport business of the defendant No.3. The buses as described in serial I of 'Schedule Kha' were imported by defendant No. 3 through his proprietorship firm named M/S Harras Enterprise with his own money but those were shown as being purchased in the name of the company. 6. The buses as describ..Category: Civil Law | Date: | Hits: 78
Mrs. Zinnatul Ara and others Vs. Bangladesh, 2009, 38 CLC (AD)
....vision rightly dismissed the Civil Petition for Leave to Appeal. Since no new point is raised, this petition for review is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 185.......vision rightly dismissed the Civil Petition for Leave to Appeal. Since no new point is raised, this petition for review is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 185.......lat Ain,2003, such sale can not be questioned. 3. Being aggrieved, the petitioners filed a civil petition for leave to appeal. It was argued before this Division that 75% of the rest of the bid money was not deposited by the auction purchaser within the period specified by Subsection 2 of Se..Category: Civil Law | Date: | Hits: 85
Abdul Malek (Md) and another Vs. Sanowar Hossain and others, 2007, 36 CLC (HCD)
....er passed by the Court of Appeal below is affirmed. Let the lower Court records along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 124. ......lure of justice. Mr. Garib Newaz next submits that as per proviso to sub-section (3) of section 24 of the Non Agricultural Tenancy Act it is the duty of the court to make an inquiry into the disputed amount of Taka 2,50,000 incurred by the petitioners in improving the case land, but, curiously enoug......an error in the decision occasioning a failure of justice. 18. Mr. AQM Safiullah repels the above submissions of Mr. Garib Newaz by saying that the petitioners did not furnish any break-up of the money spent on various counts in proving the case land, though he has admitted that a sweeping state..Category: Property Law | Date: | Hits: 39
Chairman, RAJUK Vs. Abdul Matin Crore, 2006, 35 CLC (HCD)
....stands dismissed. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 118. ......Mouja Karwan Bazar, Police Station Ramna, District Dhaka measuring an area of 6 katha 12 chhatak as described in the schedule of the plaint by auction, at a price of Taka 14,30,000 per katha, total amounting to Taka 96,52,000 as the highest bidder. Thereafter, defendant vide its Office Letter da......stands dismissed. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 118. ..Category: Property Law | Date: | Hits: 31
Muktar Hossain and others Vs. A Matin Sarker and others, 2007, 36 CLC (HCD)
.... if necessary, on further evidence that may be adduced by the parties. 18. Send down the records at once. Communicate. Ed This Case is also Reported in: 59 DLR (2007) 116. ...... if necessary, on further evidence that may be adduced by the parties. 18. Send down the records at once. Communicate. Ed This Case is also Reported in: 59 DLR (2007) 116. ......fer was, in fact, a mortgage as the opposite party Nos. 1 to 3 on the same date of impugned deed of sale executed an agreement agreeing to reconvey the land if the vendors would return back the price money within five years. 4. On the party pleadings, three issues including the one as to whet..Category: Property Law | Date: | Hits: 27
Anhar Ahamed Chowdhury and another Vs. Md. Shamsuzzaman and others, 2006, 35 CLC (HCD)
....eedings of Title Execution Case No. 3 of 2003 granted earlier is recalled and stands vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 66. ......ested him on several occasions to execute the agreement for sale but instead of signing the same the plaintiff requested the defendant Nos. 1 and 2 to arrange Income Tax clearance certificate for the amount he had paid. But the defendant Nos. 1 and 2 refused to do the same; that thereafter, they pro......bsequently, the plaintiff paid Taka 20,00,000 and 21,22,000 to the defendant No. 1, all in cheques, on 12-3-1997 and 16-5-1997 respectively and the defendant Nos. 1 & 2 acknowledged the same by money receipt on the same date; that detailed purpose of above full payment of taka 41,22,000 has be..Category: Business or Commercial Law | Date: | Hits: 208
AKM Abdul Latif Vs. Banani Metal Limited and others, 1998, 27 CLC (HCD)
....f default in making the payment does not arise. The application for winding up of the respondent Company is, accordingly, rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 62. ...... also executed on 13-11-89 between the respondent No.2 and the petitioner. The petitioner has contended that the respondent company entered into an agreement being agreed by all its directors that an amount of Taka 5,00,000.00 is needed to invest for development of designs of a few commercial items ......ndent No. 4 is a secured creditor and his interest should not be jeopardised by an order of winding up passed by this Court. The respondent No. 4 has stated that it has advanced substantial amount of money by way of loan to the respondent No. 1 Company and BSB will be highly prejudiced if the windin..Category: Company Law | Date: | Hits: 239
Afzal Khan (Md) Vs. Md. Azmal Khan and others, 2006, 35 CLC (HCD)
....ed to proceed with the trial of the suit as expeditiously as possible. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 43. ...... party No. 1 and in this way after execution of that agreement the entire ownership and management of the partnership business transferred to the opposite party No. 1 and therefore he invested a huge amount of money for buying new pump and generator, etc. It has been further contended that the plain...... 1 and in this way after execution of that agreement the entire ownership and management of the partnership business transferred to the opposite party No. 1 and therefore he invested a huge amount of money for buying new pump and generator, etc. It has been further contended that the plaintiff and d..Category: Property Law | Date: | Hits: 42
....eaningless" interpretation in order to frustrate the legislative intention. It is an elementary rule of construction that the intention of the legislature must be sought from the statute, taking as a whole, into consideration along with other matters and circumstances which led to the enactment of t......nk Limited, Sadarghat Branch, Dhaka, being financial institution, instituted the Title Suit No.55 of 2001 in the Artha Adalat, 3rd Court, Dhaka against the loanee, the defendant, for recovery of loan amounting to Taka 7,00,603 (Taka seven lac six hundred and three) only. Ultimately, defendant-petiti......e bill of exchange which is defined in section 5 of the Act, 1881 as an instrument in writing containing an unconditional order signed by the maker, directing a certain person to pay a certain sum of money, on demand, or to the order of a certain person or to the bearer of the instrument. According ..
Category: Civil Law | Date: | Hits: 90
Shaheen (Md) and ors. Vs. State, 2006, 35 CLC (HCD)
....ation made above. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 23. ......ation made above. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 23. ......that at the instance of Jalal he was deposing falsely. 21. PW 10 Mahtab Hossain deposed that on 223-2003 at 08-00 AM mother of Zakir told him that accused Zakir went to Barek Akond for borrowing money, and he was nabbed. He found victims there. At this, he was declared hostile for cross-examina..Category: Criminal Law | Date: | Hits: 33
Eklimur Reza Khan Vs. State, 2005, 34 CLC (HCD)
....solute and the delay of 4132 days in filing the appeal be condoned. The office is directed to register the appeal in accordance with law. Ed. This Case is also Reported in: 59 DLR (2007) 7. ......metric tons of rice for 2nd instalment of the said scheme. But the accused Eklimur Reza Khan has not done the works of second instalment and criminally misappropriated 5.782 metric tons of rice which amounts to a valuation of Taka 56,894.88 and thus he committed offence under section 5(2) of the Pre......solute and the delay of 4132 days in filing the appeal be condoned. The office is directed to register the appeal in accordance with law. Ed. This Case is also Reported in: 59 DLR (2007) 7. ..Category: Criminal Law | Date: | Hits: 31
Abul Kashem Vs. State, 2005, 34 CLC (HCD)
....20. Cheating and dishonestly inducing delivery of property.- Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capabl......re from. The accused Alhaj Abul Hashem, who is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 1. ......r; that the complainant in good faith paid Taka 25,000 only on 24-7-1979 to the accused and also paid Taka 1,375 only on 12-12-1979 and thus in total he paid Taka 26,375 only. The accused getting the money issued two separate receipts of the money on 24-7-1979 and 12-12-1979 respectively. Thereafter..Category: Criminal Law | Date: | Hits: 41
Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)
....sing to register the transfer of shares applied for by the respondents. 33. The Supreme Court of India in that case while considering the words “bona fide and for the benefit of the company as a whole” discussed some English decisions on the subject. Reference was made to the decision in Gree...... which requires a just and proper consideration of the proposal to transfer in the facts and circumstances of the case. In the exercise of that discretion the directors are required to act for the paramount interest of the company and for the general interest of the shareholders inasmuch as the dire...... by the Managing Director at the last Board meeting. Therefore, the committee did not go for verification of the instruments. 3) The Committee has not been informed, till today about the return of money to Mr. Giasuddin Ahmed by Mr. Sarqum Ali till date. The report of the said committee dated ..Category: Company Law | Date: | Hits: 181
State Vs. Badshah Mollah, 1988, 17 CLC (HCD)
....ial confession of accused Badsha Mollah upon which his conviction has been based. The alleged extra-judicial confession if at all made by the said accused also appears to be wholly untrue. So, in the whole analysis of the facts and circumstances of the case and the evidence on record and the alleg...... set aside. We direct that the condemned-prisoner Badsha Mollah be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 11.......so at the place of occurrence at that time who told that Badsha Mollah followed Babu Mollah with a dagger. He further said that there was a dispute between Babu Mollah and Badsha Mollah over land and money; that Babu Mollah and Akbor used to live together. He also said that police station was at a d..Category: Criminal Law | Date: | Hits: 42
Mahbubul Alam Vs. State, 1988, 17 CLC (HCD)
....result, the Rule is discharged. The accused-petitioner is directed to surrender to his bail bond to serve out the sentence awarded against him. Ed. This Case is also Reported in: 41 DLR (1989) 7.......onging to P.W. 5 Md. Hossain but after half an hour on his return he found the driver absent and the key hanging inside the car. He became suspicious and on opening the brief case found the aforesaid amount of money missing. The police took up the case on the basis of the F.I.R. and after completion......P.W. 5 Md. Hossain but after half an hour on his return he found the driver absent and the key hanging inside the car. He became suspicious and on opening the brief case found the aforesaid amount of money missing. The police took up the case on the basis of the F.I.R. and after completion of the in..Category: Criminal Law | Date: | Hits: 26
Mohammad Musa Vs. Kabir Ahmed, 1998, 17 CLC (HCD)
....charged in the aforesaid terms. The petitioner is directed to surrender to his bail bond to serve out the remainder of the sentence, if any. Ed. This Case is also Reported in: 41 DLR (1989) 4. ...... Chittagong but did not pay the sale proceeds to the complainant inspite of his repeated demands. However, the complainant had to pay the price of the paddy to the said Hajee Mozaffar Ahmed Chowdhury amounting to Tk. 8000/-. It was further alleged that as the accused petitioner did not pay the sale ......tion of evidence on record found the petitioner guilty and sentenced him to suffer rigorous imprisonment for 3 months. The Magistrate also passed an order directing the petitioner to repay the entire money to the complainant-opposite party. 4. The petitioner preferred criminal appeal No. 122 of ..Category: Criminal Law | Date: | Hits: 37
State Vs. Khalilur Raman, 1998, 17 CLC (HCD)
...., 1974. Let the appellant be transferred from the condemned cell to the jail custody. Let the lower court records be sent back at once. Ed. This Case is also Reported in: 41 DLR (1989) 1. ...... void and without jurisdiction. 8. In view of the case made out in the F.I.R. and the evidence of the P.Ws. that the appellant caused the death of his wife Peara Begum for non payment of balance amount of dowry and in view of the observation of the learned Sessions Judge him self that it is a d......, 1974. Let the appellant be transferred from the condemned cell to the jail custody. Let the lower court records be sent back at once. Ed. This Case is also Reported in: 41 DLR (1989) 1. ..Category: Criminal Law | Date: | Hits: 35
Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)
....is liable to be quashed. Accordingly, the rules are made absolute and the impugned proceeding is quashed. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 46.......may be further stated that the last instalment for Tk. 28.00 lacs was paid through cheque dated 3.12.80 to purchase new engines through WEs but the accused Nos. 5 and 6 fraudulently withdrew the said amount in their own name and further took loan of about Tk. 4.80 lacs from Rupali Bank, Motijheel Co......th fraudulent intention and in order to deceive and mis-appropriate the fund disbursed to them by the BSRS and purchased old engines at a much lower price and thus mis-appropriated the balance sum of money. It may be further stated that the last instalment for Tk. 28.00 lacs was paid through cheque ..Category: Criminal Law | Date: | Hits: 67
Bangladesh Shipping Corporation Vs. Rafique Ahmed, 1987, 16 CLC (HCD)
....s made above as expeditiously as possible preferably within two month from the date of receipt of this order. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 36.......the said Money Suit decreed the suit for recovery of TK.9,00,000/- on contest against the defendants 2,3 and 6 and exparte against defendant 1, 4 and 5 with costs. The plaintiff was allowed to get an amount of Tk. 9,00,000/- from defendants 1,2,4,5 and 6 with pendent lite interest of Tk. 15% per ann......cted the Bangladesh Shipping Corporation to deposit the said amount in the Court. In the present case the Bangladesh Shipping Corporation is a garnishee, that is a third party who is asked not to pay money to the judgment-debtor because the latter is to satisfy the decree obtained by the decree-hold..Category: Admiralty Law or Maritime Law | Date: | Hits: 212
Ala Meah, being dead his heirs are Syed Ali & ors. Vs. Ali Ahmed, 1986, 15 CLC (HCD)
....e Judge for fresh disposal of the appeal in the light of the observations made herein above. In the circumstances I make no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 26.......e Judge for fresh disposal of the appeal in the light of the observations made herein above. In the circumstances I make no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 26.......ing separate written statements denying the claim of the plaintiffs. In his written statement defendant No. 1 asserted that the Impugned Kabala was an out and out sale deed and lie paid consideration money for the same and also got possession. It was further asserted that he sold out the property to..Category: Property Law | Date: | Hits: 29
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