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Delwar Hossain Sowdagar Vs. State, represented by the Deputy Commissioner, 2002, 31 CLC (HCD)
....submits that Annexure 1 and 2 of the counter‑affidavit nullify any criminal intent on the part of the petitioner because of the fact that from the total demand of Taka 2,52,34,061 the complainant's claim has come down to Taka 1,51,57,600/50 evidencing payment of portion of the outstanding dues. Fu......he proceedings of Chittagong Kotwali PS Case No. 49(11) 2001 dated 21‑11‑2001 now pending in the Court of the Chief Metropolitan Magistrate, Chittagong should not be quashed. 2. Facts relevant for disposal of the above Rule, in brief, are that Mr. Mohammad Ali, Managing Director, M/S KIY Stee...... intention to cheat is totally absent in the instant case inasmuch as the parties have long standing business transactions and after the initial discord between the parties over the balance amount of money due from the petitioner to the complainant both the parties entered into a fresh agreement on ..Category: Civil Law | Date: | Hits: 83
Sonali Bank and another Vs. Md. Harun, 1999, 28 CLC (HCD)
....f the Mill. The learned Advocate contends that the assessment made by the trial Court has no basis. This is simply arbitrary. It is argued that in such a suit where compensation and damages have been claimed the plaintiff has to prove the loss by adducing convincing evidence. But no such evidence ha...... Judge Feni in Money suit No. 01-1990 who by his judgment dated 31-1-1991 decreed the suit in part. 2. The short fact leading to this appeal is that the plaintiff instituted the suit alleging that for obtaining loan under IDA credit he applied before the local Sonali Bank Feni for establishment o......credit of which Taka 7.00 lac was for capital investment and Taka 2.70 lac as working capital. 3. It is the case of the plaintiff that under IDA project plaintiff was to receive 70% of the project money and 30% will be from the investor’s own fund. But in spite of this the plaintiff was favoure..Category: Civil Law | Date: | Hits: 72
Sk Abul Kashem Vs. Abdus Samad Biswas, 1999, 28 CLC (HCD)
....the Code of Civil Procedure which provides: 23.1 (1) At any time after the institution of a suit the plaintiff may, as against all or any of the defendants withdraw his suit or abandon part of his claim. (2) Where the Court is satisfied— (a) that a suit must fail by reason of some formal ......at the instance of the plaintiff under section 115 of the Code of Civil Procedure is directed against an order passed by District Judge, Magura in Title Appeal No.52 of 1996 rejecting the application for withdrawal of the case. 2. The short facts relevant are that, the petitioner being plaintiff ...... to costs. The order of stay granted earlier by this court is hereby vacated. Communicate this order to the court below at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 70. ..Category: Property Law | Date: | Hits: 30
Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)
....not appear in the psychological test. The Bangladesh Public Service Commission (PSC) did not issue the Admit Cards upon the petitioners after being satisfied on scrutiny of their application forms as claimed by the petitioners. It is the practice of the respondent PSC to issue Admit Cards to the c......64 Cal 265, 272; Shearer vs. Shield 1914AC 808; Dr. Nurul Islam vs. Bangladesh 1981 BLD (AD) 140 = 33 DLR (AD) 201; Mansurul Aziz and another vs. Secretary, Ministry of Land Administration and Land Reforms and others 1981 BLD (AD) 75; Khondker Moshtaque Ahmed vs. Bangladesh 1982 BLD (AD) 39 =34 DLR ...... expeditiously. Communicate a copy of the judgment immediately to the respondent No. 1 PSC for taking necessary steps expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 182. ..Category: Employment/Service Law | Date: | Hits: 134
AMC Bennett and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....f Uttara Model Town scheme complying with the conditions contained in the said notice and the prospectus and the petitioners also observed all formalities in making the applications for allotment and claimed that they are entitled to DIT plots from Bailzuri mouza comprising Sector 11 of the Uttara M......he respondents to show cause as to why they should not be directed to refrain from transacting any business on the provisional list Annexure D, pending disposal of the applications of the petitioners for rehabilitation plots of Mouza Bailjuree corresponding to Sector 11 of the Uttara Residential Mod......ated amount of compensation for the lands to be acquired at the disposal of the Deputy Commissioner, Dhaka as per his requirement and the Additional Deputy Commissioner (LA) had paid the compensation money to the bona fide affected persons and after acquisition the lands in question and other lands ..Category: Property Law | Date: | Hits: 34
Continental Traders Vs. Bangladesh Textile Mills Corporation and others, 2006, 35 CLC (HCD)
....ently repacked in gunny bags and delivered the goods. As a result, the plaintiff has suffered a loss of Taka 1,37,155.67 as calculated on the basis of average value of the goods. The plaintiff lodged claim to the defendant No. 3 requesting him for the settlement of the same but the defendant No. 3 r......nd decree dated 18-54986 and 22-5-1986 respectively, passed in Money Suit No. 65 of 1985 by the Commercial Court (Subordinate Judge, 2nd Court) Chittagong. 2. The plaintiff instituted the suit for recovery of money on account of damage of imported cotton. 3. The plaintiffs case, in sho......18-54986 and 22-5-1986 respectively, passed in Money Suit No. 65 of 1985 by the Commercial Court (Subordinate Judge, 2nd Court) Chittagong. 2. The plaintiff instituted the suit for recovery of money on account of damage of imported cotton. 3. The plaintiffs case, in short, is that plai..Category: Civil Law | Date: | Hits: 87
Mirzaboo Steels Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....desh, made the bridge financing and respondent No. 5, Arab Bangladesh Bank Limited through respondent No. 6, its branch office, participated in the working capital financing of the project. It is the claim of the petitioner company that due to natural calamity which took place in the year 1991 and a......respondent No. 2, Banking Division (Annexure E) and/or such other or further order or orders passed as to this court may seem fit and proper. 2. To appreciate the points that have been canvassed before us, it will be convenient to narrate briefly, the material fact in chronological order. 3. T......scharged. In the result, the Rule is discharged without any order as to costs. The stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 141. ..Category: Civil Law | Date: | Hits: 133
Abul Kalam (Md.) Vs. Md. Habuluddin and others, 2007, 36 CLC (HCD)
.... no dispute that the election petitioner never made any request to the Presiding Officer for recount of the votes after the election. He even did not contend that in his election petition. Nor did he claim in the election petition that the election dispute could not be resolved without recount of th...... Procedure against the judgment and order dated 16-10-05 passed by the Additional District Judge at Sherpur in Civil Revision No. 16 of 2005, which reversed the order of the Election Tribunal calling for election materials for recounting of the votes. 2. Short facts for disposal of the Rule a...... thousand. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 59 DLR (2007) 137. ..Category: Election Law | Date: | Hits: 99
Monir Hossain Vs. Artha Rin Adalat No.4, Dhaka & others, 2010, 39 CLC (AD)
.... consequence. 5. The defendant Nos.1 and 3 also filed written statement denying the material statements made in the plaint stating, inter alia, that the property described in Schedule-Ka which was claimed to have been mortgaged with the plaintiff bank for the purpose of securing loan of defendant......hasanul Karim, Advocate (Khairul Alam, Advocate with him), instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For Respondent No. 2. Not represented- Respondent Nos.1, 3-10. Civil Petition for Leave to Appeal No. 1101 of 2009. (From the judgment and order dated 20.04.2009 passed by the......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.......n-Record-For the Petitioners. Not Represented-the Respondents. Civil Review Petition No. 82 of 2009. (From the Judgment and order dated 29.04.2009 passed by this Division in Civil Petition for Leave to Appeal No. 524 of 2009). Judgment ABM Khairul Haque J.- This is a petition for r......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)
....e on the case land and other development works but the trial Court did not utter a single word about the improvement costs and the appellate Court below found that they could not substantiate their claim of expenditure of the sum of Taka 2,50,000 by adducing credible evidence and, as such, as the ......plot by way of purchase. The pre-emptor has been owning and possessing the 0.20 acres by erecting houses thereon. Be that as it may, on 20-12-1998 the opposite party Nos. 2 and 3 transferred the aforementioned 0.15 acres to the pre-emptee-petitioners behind the back and without the knowledge of ......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
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. ......id J Muktar Hossain and others……. Petitioners Vs. A Matin Sarker and others……. Opposite-Parties Judgment January 29, 2007. Lawyers involved: Jafor Alim Khan, Advocate—For the Petitioner. Not Represented—the Opposite Parties. ......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
Nurjahan Begum Vs. Nur Rahman and Others, 2006, 35 CLC (HCD)
....if defendant No. 1 will show any such document of transfer, that will be forged and void document; that the plaintiff does not find it conducive to possess the suit land in ejmali and, therefore, she claimed partition of the suit jote on 10-11-1992 to which the defendant No. 1 denied and, as such, t...... Other Suit No. 30 of 1997 decreeing the suit in part. 2. The petitioner as plaintiff filed other Suit No. 30 of 1997 in the Court of the learned Joint District Judge, Court No.1, Rangpur, praying for partition of an area of 4.70 acres of land out of the suit jote. 3. The plaintiff's case, in...... Joint District Judge, Court No. 1, Rangpur in Other Suit No. 30 of 1997 decreeing the suit in part is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 98...Category: Property Law | Date: | Hits: 49
Anhar Ahamed Chowdhury and another Vs. Md. Shamsuzzaman and others, 2006, 35 CLC (HCD)
....towards executing the same; that due to inadvertence on the plaintiff's part, the defendant Nos. 1 and 2 have suffered loss and, as such, they served a legal notice dated 30-8-1998 to the plaintiff claiming to compensate their loss; and that the plaintiff had no cause of action to institute the su......creeing the suit. 2. Short facts leading to this appeal are, that on 12-1-1999 the respondent No. 1 as plaintiff instituted Title Suit No. 232 of 1999 in the First Court of Subordinate Judge, Dhaka for Specific Performance of Contract of sale of apartment No. 3.B at 3rd floor measuring an area 216......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)
....rted into a personal loan of the respondent No. 2. The petitioner received back the money on different dates between 31-12-90 till 19-5-93. However, in the said Arbitration proceedings the petitioner claimed Taka 10,67,9 16.00 which included principal amount, cost of public notice, Advocates fee, in......ner. Shamsul Huda, Advocate—For the Respondent No. 2. Abdur Rashid, Advocate—For the Respondent No. 4. Matter No. 12 of 1995. Judgment Md. Fazlul Haque J. - This is an application for winding up of Banani Metal Limited, a Private Limited Company having its registered Office at 60......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)
....ntroversy in the suit was for partition of the suit properties in between the co-sharers according to partition deed No. 160 dated 23-12-1958, whereas the issue raised in the amendment application is claiming exclusive title and possession in the suit property after denying existence of admitted par......f defendant-petitioner is directed against the order No. 83 dated 29-7-2003 passed by the learned Joint District Judge, 2nd Court, Chittagong in partition suit No. 89 of 1996 allowing the application for additional statement and an application for amendment of written statement filed by the defend...... 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
.... as amicus curiae.
Let a copy of this judgment and order be sent to the Court concerned for information and necessary action.
Ed.
This Case is also Reported in: 59 DLR (2007) 37.
......curity deposit in terms of section 42(1) of the Artha Rin Adalat Ain, 2003 and/or such other or further order or orders passed as to this Court may seem fit and proper.
2. Short facts relevant for the purpose of disposal of the Rule are as follows:
The decree holder respondent, namely,......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. ......ibunal Case No. 54 of 2003 convicting the appellants under section 9(3) of Nari-o-Shisu Nirjatan Daman Ain, 2000 (hereinafter referred as Ain, 2000) and sentencing each of them to suffer imprisonment for life and also to pay fine of Taka 1,00,000. 2. All these appeals having arisen out of a commo......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
Abul Kashem Vs. State, 2005, 34 CLC (HCD)
....Magistrate framed charge against the accused person under sections 406/420 of the Penal Code on 1-10-1996 and the charges were read over and explained to the accused person who pleaded not guilty and claimed to be tried according to law. 4. The prosecution has examined 4 (four) witnesses whil...... passed by the learned Metropolitan Magistrate in Petition Case No. 1245 of 1996 who convicted the accused petitioner under section 420 of the Penal Code, sentencing him to suffer simple imprisonment for 1(one) year and to pay a fine of Taka 10,000 in default to suffer simple imprisonment for 6(six)......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)
....lations for the free transfer of shares. The petitioner wrote again on 4-1-1994, 22-2-1994 and 14-5-1994 to the Board to reconsider its decision, but the company refused to do so. The petitioner also claimed dividends @ 18% declared in the 88th Annual General Meeting, it is the petitioner who is ent......cate—For the Petitioner. AR Yousuf Advocate—For the Respondent. Matter No. 61 of 1994. Judgment Mainur Reza Chowdhury J.- This is an application under section 38 of the Companies Act for rectification of the share register of respondent No.1 Company namely, Green Delta Insurance Com...... 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
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