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Yunus Mia (Md) and others Vs. Bangladesh Krishi Bank & ors, 2001, 30 CLC (HCD)
.... came to know for the first time that their land was attached and advertised to sale. 4. The decree holder opposed the application saying the same was collusive and false. The application was also claimed to be barred by limitation, and not maintainable in law. The deeds were created. 5. The p...... 115(1) of the Code of Civil Procedure against judgment and order dated 29-8-99 passed by Subordinate Judge and Artha Rin Adalat at Patuakhali in Miscellaneous Case No.13 of 1998 by which the prayer, for release of the attached property was rejected. 2. Short facts for disposal of the Rule are th...... is hereby re-called and vacated. The executing Court is directed to proceed with the execution as usual in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 123...Category: Property Law | Date: | Hits: 27
Khan and Company Ltd. Vs. Presiding Judge of the District Court and others, 2000, 29 CLC (HCD)
....am Rabbani 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 ......ns upon him on 28th and 29th August were respectively Friday and Saturday and, as such, the defendant filed applications in each of the suits on 3-8-89 this time under Order XXXVII rule 3 CPC praying for leave to enter appearance and to defend the suits. 2. By the similar orders passed on 1-11-98......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)
..... Let the appellant be set at liberty forthwith if not wanted in connection with any other case. Send down the case record expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 81. ......f GR Case No. 215 of 1995 originating from Alamdanga PS Case No. 9 dated 31‑5‑1995, convicting the appellant under section 387 of the Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for a period of ......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)
.... kabalas they were in possession of the land of Plot Nos.19 of 89 and the plaintiff and his co-sharers have no right, title and inter in the land of plot Nos.19 and 89. A large number of defendants claimed separate saham for their shares in the suit holding. 4. Leave was granted to consider the......in-part. 2. The fates involved in the case, in short, are that Idris Mia, predecessor of the appellants as plaintiff filed Title Suit No.15 of 1968 in the first Court of Subordinate Judge, Comilla for partition of ejmali land stating, inter-alia, that the properties described in schedule-1 to the......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)
.... The learned Assistant Judge, upon considering the evidences decreed the suit on contest against the defendant No19 and ex parte against the rest. 5. On 27-7-1992 Abdul Sattar son of Azizur Rahman claiming next friend of Azizur Rahman filed the Miscellaneous Case under Order IX rule 13 of the Cod......shi and another vs Suprava Sundari Devi and others CWN-99-260; Zamir Uddin Ahmed vs Ziaul Haque and others 49 DLR 622. Lawyers Involved: Md. Ozair Farooq with Morshed and Md. Shakhawat Hossain for Nikhilesh Dutta, Advocates — For the Petitioners. Shihabuddin Mahmood for Md. Ismail, Advoc......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
Bhashani Mondal Vs. Md. Abdus Sukur and others, 2010, 39 CLC (AD)
....tivating through bargader. His brother Suddhir died leaving behind defendant No. 2 who acquired life interest over his portion. On 08.08.1995 he heard from Zainnah and others about the aforementioned claim that he and his brother had sold their land to Parul Bala in 1969. Thereupon he obtained certi......ion in Civil Revision No.3535 of 2000 making the Rule absolute. 2. The facts, in short, are that the appellant is defendant No.1 in Title Suit No.249 of 1998 which was instituted by the plaintiffs for declaration that the judgment and decree passed by the learned additional Assistant Judge, 3rd C......In view of our discussions made above the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 497; 8 LG (AD) (2011) 25; 64 DLR (AD) (2012) 84. ..Category: Property Law | Date: | Hits: 39
Md. Makbul Hossain & others Vs. Sree Shibu Pada Dam, 1987, 16 CLC (HCD)
....d as parties in the proceeding so as to contest the proposed grant of probate. 4. After hearing the learned Advocates of both the parties, the learned District Judge found that the petitioners are claiming independent title in the case property and as such they are not entitled to be added as par......rected against the order, dated 11.2.87, passed by District Judge, Munshiganj in Probate Case No.3 of 1986 rejecting the petitioners' application under Order1 Rule 10 of the Code of Civil Procedure for addition of parties. 2. One Tarapada Day @ Tarapada Roy executed a will on 29th Agrahayan, 13......ge has rightly rejected their application. The rule is, therefore, discharged without any order as cost. Mustafa Kamal J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 120. ..Category: Property Law | Date: | Hits: 54
Sonali Bank Vs. Rana Oil Mill and ors., 1999, 28 CLC (HCD)
.... learned trial Court on consideration of the facts, materials and evidence of the case, decreed the suit in part for an amount of Taka 5, 67,540.00 against the defendants out of Taka 22, 85,314.30 as claimed by the plaintiff. The plaintiff thus being aggrieved by the aforesaid judgment and decree ha...... against 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 ......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)
....id ab initio. In this circumstances there is no necessity at all to serve further notices as per the said ordinance of 1974. As the impugned lease deed has been found void ab intio the petitioner’s claim of “legitimate expectation” also cannot be entertained. However from the above discussion ......Nos.1, 3 and 5. Anisul Hoque, Senior Counsel-For Respondent No.2. Writ petition No.2910 of 2009 Judgment Nazmun Ara Sultana J.- This Rule was issued at the instance of Begum Khaleda Zia, former Prime Minister and now Leader of the Opposition in Parliament calling upon the respondents to......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
Canada Shipping and Trading SA Vs. TT Katikaayu and another, 2001, 30 CLC (HCD)
....tituted the instant Admiralty Suit No. 14 of 2001. Upon institution of the suit the prayer for arrest of the vessel was made and the court ordered for arrest of the vessel on 9-7-2000 as security for claim, and further ordered that the vessel would be released on furnishing sufficient security by th......he Plaintiff -Petitioner, M. Hafizullah with Al-Amin Sarker, Advocates—For the Defendant-Petitioners. Admiralty Suit No. 14 of 2001. Judgment KM Hasan J.- These two applications—one for injunction by the plaintiff, restraining the original defendants from proceeding with Arbitratio......ion Clause No. 11 of the Memorandum of Agreement dated 25th May, 2001 relating to sale of the vessel TT Katikaayu till disposal of the suit. Ed. This Case is also Reported in: 54 DLR (2002) 93. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 184
Belal alias Bellal and 2 others Vs. State, 2001, 30 CLC (HCD)
....ons Judge for trial. The learned Sessions Judge framed charge against all the 25 accused persons including the appellants under sections 395/397 of the Penal Code to which they pleaded not guilty and claimed to be tried. 5. The prosecution produced 10 PWs and examined 7 tendering 3 PWs. On closin......nce dated 15-9-1996 passed by the learned Additional Sessions Judge, Dinajpur convicting the appellants and another under section 392 of the Penal Code sentencing them to suffer rigorous imprisonment for 10 years and to pay a fine of Taka 1,000 each, in default to suffer RI for 6 (six) months more i......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)
....e placed on trial before the learned Additional Sessions Judge‑1, Pabna who framed charges against them under section 396 of the Penal Code and read over the same to them who pleaded not guilty and claimed to be tried and the learned Additional Sessions Judge after examining as many as 12 witnesse...... 3235 of 1999 and Criminal Appeal Nos. 2428, 2198 of 1999. Judgment Md. Abdul Matin J.- This Death Reference under section 374 Cr.P.C. is made by the Additional Sessions Judge, 1st Court, Pabna for confirmation of the sentence of death imposed upon Md Rafiqul Islam alias Gadan, son of Yousuf A......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. ......t debtors in Artha Rin Adalat suit No. 2/91 of Artha Rin Adalat, Faridpur. The respondent No. 2, Agrani Bank is the plaintiff of that suit. The suit was decreed and decree holder filed an application for execution the decree before the Artha Rin Adalat and from the order dated 16-7-97, we find that ......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
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. ......ucted by Md. Nurul Islam Chwodhury, Advocate-on-Record-For the Petitioner. Md. Aftab Hossain, Advocate-on-Record-For the Respondent No.2. Not represented-Respondent No.1. Criminal Petition for Leave to Appeal No. 58 of 2009. (From the Judgment and order dated 20.08.2008 passed by the H......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)
....titioner and it remained 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 wi......llah, Advocate-on-Record-For the Petitioners. Dr. Ali, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.1 Not Represented-For Respondent Nos. 2-6. Civil Petition for Leave to Appeal No. 1354 of 2006. (From the judgment and order dated 16.7.2006 passed by the ...... 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
Abu Bakar Siddique Vs. Md. Khorshed Alam & ors., 2001, 30 CLC (HCD)
....Court, Dhaka against the opposite parties and the petitioner for partition of 0.65 acre of land out of 1.36 acres of plot No. 125 of CS Khatian No. 53 of Mouza Gajmahal PS Mohammadpur, District Dhaka claiming interest in 0.02 acre of land therefrom. The said suit on being transferred to the court of......Assistant Judge, 4th Court, Dhaka in Title Suit No. 62 of 1996 should not be set aside and or pass such other or further orders as to this Court may seem fit and proper. 2. Short facts, necessary, for the disposal of the Rule are that the opposite party as plaintiff filed Title Suit No. 306 of 19......this Rule is discharged without any order as to costs on the ground of maintainability with the findings and observations made herein above. Ed. This Case is also Reported in: 54 DLR (2002) 75. ..Category: Property Law | Date: | Hits: 32
Jamir Ali (Md) and Md. others Vs. Secretary, Ministry of Land and others, 1999, 28 CLC (HCD)
.... 19-1-66 and since then nobody raised any objection during the last 33 years and only on 2-10-97 petitioners filed an application before the respondent No.5 for releasing the aforesaid land and their claim for releasing the land not only suffers from inordinate delay but cannot be allowed as the lan......ed only 14 bighas of land, 6 bighas and 13 decimals of land remained unutilised in spite of decision of the Government taken on 2-6-88 to utilise the same within three years and petitioner’s prayer for release of the same was not heeded to by the respondent No. 5. Further case of the petitioners i......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....... section 115 of the Code of Civil Procedure is a judgment and order dated May 5, 1999 recorded by Senior Assistant Judge, Habiganj Sadar, Habiganj in Title Suit No.78 of 1999 disposing an application for temporary injunction under Order 39, rule 1 of the Code and thereby rejecting the same. 2. Pe......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.......kaging Limited through respondent No. 6, Trusty Associates Company Limited, Member No. 162, Dhaka Stock Exchange, respondent No. 5, at a price of Taka 1,10,90,870 at the rate of Taka 180.11 per share for which respondent No. 6 as broker received Taka 22,181.74 as brokerage from the above sale procee...... 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)
....t is not possible to accept that the calling of a bundh alone could demonstrate the protest of a political party to a given decision or in a given situation. No political party or organisation can claim that it is entitled to paralyse the industry and commerce in the entire State or Nation and is......urt of Bangladesh. By this petition he seeks to protect his fundamental right and that of other citizens threatened to be violated by calling and observing “hartal” on 18-4-99 as in the past, and for a declaration that calling and the holding of what has come to be known as “hartal” is uncon......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
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