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Anu Miah and others Vs. Gauranga Chandra Sharma and others, 2002, 31 CLC (AD)
.... the High Court division. In the result, we find no merit in this appeal and it is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 462. ...... the High Court division. In the result, we find no merit in this appeal and it is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 462. ......e purpose of avoiding preemption and to save stamp duty, he, on the advice of The scribe Ashraf Ali (D.W.3) created an exchange deed on 9.3.82 on receipt of taka 18000/00 as consideration money in respect of his schedule 1 (kha) of the plaint that by showing a sham transacting with tha..Category: Property Law | Date: | Hits: 27
Anowara Begum Vs. State, 2004, 33 CLC (AD)
....al and thereby affirming the framing of charge against the appellant by the trial court. The appeal is accordingly allowed. Ed. This Case is also Reported in: 1 ADC (2004) 459. ......dowry and thereafter her husband left for London and she went back to her father's house at Sylhet for treatment. On his return from London her husband issued a legal notice claiming huge amount allegedly taken away by the informant from his house at Banani, Dhaka. The Deputy Commissio......al and thereby affirming the framing of charge against the appellant by the trial court. The appeal is accordingly allowed. Ed. This Case is also Reported in: 1 ADC (2004) 459. ..Category: Criminal Law | Date: | Hits: 64
Abdul Hoq Sikder and 2 others Vs. State, 2002, 31 CLC (AD)
.... this division and as such this review petition merits no consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 458. ......ber, Kashipur Union Perished and the convict petitioner No. 3 and Abdur Rahim Chowdhury, Ex-Block Supervisor, Kashipur stood guarantors for the agricultural loan in favour of leaner Motaleb Majhee amounting to Tk. 3000/- against loan case No.19 (b) 85-84 and all the three misappropriated th...... this division and as such this review petition merits no consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 458. ..Category: Criminal Law | Date: | Hits: 44
Md. Mosharraf Hossain Vs. Daulat Ahmed and ors., 2002, 31 CLC (AD)
....Lakshmipur, in Miscellaneous Appeal No.2 of 1993 is restored. The prayer for pre-emption is rejected. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 445. ......Lakshmipur, in Miscellaneous Appeal No.2 of 1993 is restored. The prayer for pre-emption is rejected. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 445. ......urement P.Ws 2 and 4 having said that there was in fact a sale and not an exchange between Mosharraf Hossain and Sree Partha Banik and most importantly there is an element of exchange of money as consideration instead of exchange of land with land and having considered all the evidence..Category: Property Law | Date: | Hits: 44
Mujibul Haque Vs. Lokman Mia, 2002, 31 CLC (AD)
....third case with completely now facts which cannot be considered and decided in review. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 431. ......third case with completely now facts which cannot be considered and decided in review. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 431. ......dation award is made. This view was also expressed in the case of Bangladesh vs. Barekunnessa 4 BLC (AD) (1999) 130. In the instant case it was evidently found by the Court below that compensation money was deposited in the civil deposit which sufficiently indicates that award was made by the Co..Category: Property Law | Date: | Hits: 20
Administrator, Gammon Bangladesh Ltd. Vs. Tota Mia and others, 2002, 31 CLC (AD)
....is hardly any ground for allowing the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 427. ...... behalf of the plaintiff-respondent No. 1 submits that no purpose will be served in restoring the Civil Rule No. 117(F) of 1993 since the plaintiff-respondent No.1 is entitled to get the decreetal amount for supply of goods to the appellant. On perusal of the judgment and decree passed by......or realization of Tk. 5,86,701.66. The said suit was transferred to the 4th Court of Subordinate Judge, Dhaka and the suit was numbered as Money Suit No. 4 of 1990. The suit was for realization of money for supply of stones to the appellant. The defendant-appellant contested the suit by fil..Category: Procedural Law | Date: | Hits: 94
Janata Bank Vs. Abdus Salam, 2003, 32 CLC (AD)
....udgment and decree dated 4.9.94 passed by the High Court Division in F. A. No. 68 of 1988 is hereby set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 406. ......8 allowing the appeal in part. 2. The respondent as plaintiff filed Title Suit No. 365 of 1984 in the 2nd Commercial Court, Dhaka for decree for delivery of imported goods or price of the goods amounting to Tk. 4, 81,516.00. mesne profit of Tk. 1,00,000.00 and damages of Tk. 1,80,000.00 totali......n favour of the plaintiff respondent. 8. We have considered the pleading as well as the evidence on record and we do not find any evidence on record to show that the plaintiff had ever paid any money either at the time of opening of LIM accounts and/or at the time of demanding for delivery of ..Category: Civil Law | Date: | Hits: 79
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2004, 33 CLC (AD)
.... 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 394. ...... 3. It is the case of the Bank that allotted consignment of fertilizer was not delivered to the authorized officer of the bank by the fertilizer factory and that the Bank could not realize the amount of the Bank draft. 4. The Respondent Nos. 1 and 2 (defendant Nos. 3 and 4) entered ap......f fertilizer to the defendant Nos. 1 and 2, they obtained loan from the Bank upon hypothecation/pledge of the said fertilizer and the Bank vacated the said defendants of utilize the loan money on the basis of their agreement of purchase with defendant Nos. 3 and 4. 9. It ap..Category: Civil Law | Date: | Hits: 121
Shanti Ranjan Das Vs. Khalilur Rahman Bhuiyan & others, 2002, 31 CLC (AD)
....gent reason to interfere with the judgment of the High Court Division. Accordingly, the appeal is dismissed with cost. Ed. This Case is also Reported in: 1 ADC (2004) 387. ......laintiff could not prove his independent possessing on the basis of the alleged bainapatra. It is also the case of the defendants that the plaintiff had no means to purchase any land or to pay the amount of consideration money of the bainapatra. 12. We have already pointed out that we have...... of the plaintiff with stipulation that necessary sale deed in respect of the suit land would be executed and registered within a period of three years on receipt of the balance consideration money of Tk. 3,000/-. Thereafter, Suresh Chandra Sen died on 10.02.1981 leaving behind as his heir ..Category: Property Law | Date: | Hits: 31
Khursheda Jahan Vs. Syada Shafinaz Jahan and others, 2002, 31 CLC (AD)
....uted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 310. ......or themselves within four months of the service of notice and in case no notice has been issued then with in four months from the date of knowledge of such transfer by making a deposit in court the amount of consideration of money. The section is very clear that only a co-sharer tenant and none ......t maintainable and the pre-emptor respondents are not entitled to file any pre-emption case as they themselves transferred the disputed land by disputed kabala. She is in possession, has spent huge money for repair of the structures and for earthwork of the case land. 6. Both the trial cou..Category: Property Law | Date: | Hits: 28
Abdur Rahim Chowdhury @ Jashim Vs. State, 2003, 32 CLC (AD)
....e High Court Division. In such view of the matter, this jail petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 304. ......e High Court Division. In such view of the matter, this jail petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 304. ......at home in the same courtyard along with his father (deceased) after coming from abroad. He went abroad two or three times but came back at short interval. Thereafter, the accused started demanding money from his father by selling land for going abroad again and for non compliance he created..Category: Criminal Law | Date: | Hits: 55
Khurshid Alam and other Vs. Azizur Rahman and others, 2004, 33 CLC (AD)
....d. The judgment and order passed by the High Court Division in Criminal Revision Nos. 88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: 1 ADC (2004) 277. ......which Criminal Appeal No.17 of 1996 arose, the High Court Division found that the instant case was filed to put pressure on the managing director and hence the further prolongation of the case will amount to an abuse of the process of the court. 14. In the Circumstances, we find that the ......d. The judgment and order passed by the High Court Division in Criminal Revision Nos. 88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: 1 ADC (2004) 277. ..Category: Criminal Law | Date: | Hits: 40
Nizam Uddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2004, 33 CLC (AD)
....ustainable. In this view of the matter we do not find substance in this appeals and the appeal is accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 273. ......the complainant and the accused are involved in share business and being closely known to each other the complainant gave a loan of Tk. 60,000,00/- to the accused who assured to reimburse the amount in no time and later issued two cheques in favour of the complainant dated 27.08.2000 one fo......d the cheques on 10.02.2001 but the cheques being bounced he again presented the cheques on 25.02.2001 but still the cheques were returned unpaid on 26.02.2001 and then the complainant demanded the money sending a notice dated 10.03.2001 giving the accused 15 days time to make the payment but st..Category: Business or Commercial Law | Date: | Hits: 138
Md. Azizul Huq Vs. Sree Purna Chandra Das, 2001, 30 CLC (AD)
.... that Division for hearing the appeal afresh on merit. The appeal is accordingly allowed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 214. ...... that Division for hearing the appeal afresh on merit. The appeal is accordingly allowed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 214. ......1997 allowed the appeal and dismissed the suit. 2. The short fact leading to this petition is that defendant-appellant wanted to sent his son to middle east for earning his livelihood and as money was required for the purpose defendant No.1 Sree Purna Chandra Das executed an unregistered b..Category: Property Law | Date: | Hits: 32
State Vs. Md.Tuku Biswas, 2002, 31 CLC (AD)
....s. The accused respondent, if meanwhile apprehended be set at liberty, if not wanted in any other connection. The appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 182. ......s. The accused respondent, if meanwhile apprehended be set at liberty, if not wanted in any other connection. The appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 182. ......in the night informant P.O. 1 Babu Mia, P.W.2 Jogal Kumar Saha, P.W.3 Subal Kumar Saha and deceased Monsur Ali were returning home in the boat of deceased Entaz Ali with bundles of clothe and cash money from Bumagati hat (weekly) market. At about 8.30 P.M. when they with their boat reached at th..Category: Criminal Law | Date: | Hits: 49
Bangladesh Water Development Board Vs. M/s Zakir Construction & Co., 2000, 29 CLC (AD)
....refore no merit in this appeal and the same is liable to be dismissed. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 160. ......on of an embankment at 13.65 Kilo Meter in order to save the greater Dhaka City from flood. The respondent submitted a tender for construction of 5 sluice gate at a cost of Tk. 2,25,00,000/- which amount was subsequently raised to Tk. 3,52,00,000/- The petitioner accepted the tender of the appel......years of the unpaid amount of Tk. 6,82,40,216.13 Paisa is illegal. 11. It is submitted that section 29 of the Arbitration Act provided that where and in so far as an award is for payment of money the court may in the decree order interest from the date of the decree at such rate as the co..Category: Civil Law | Date: | Hits: 89
Bangladesh Vs. Abdul Wahab Mia and others, 1998, 27 CLC (AD)
....the appeal is allowed without any order as to costs. Civil Petition No. 220 of 1997 is also disposed of in terms of the appeal. Ed. This Case is also Reported in: 1 ADC (2004) 153. ......the appeal is allowed without any order as to costs. Civil Petition No. 220 of 1997 is also disposed of in terms of the appeal. Ed. This Case is also Reported in: 1 ADC (2004) 153. ......own at Mirpur and for housing and settlement purposes. Awards were prepared in the name of the predecessors of the writ petitioners for all the plots in question and they received compensation money from the appellants without any objection. Possession of the requisitioned lands includ..Category: Property Law | Date: | Hits: 29
Md. Sirajuddin Vs. Mohibunessa and others, 2002, 31 CLC (AD)
....uot;If any change is made in the plaint in respect of the suit khatian No. 769 to 766 it will not only amount to a departure from the basic document and the basic decree, but also it will shift the whole suit land from one place to another in a suit for simple permanent injunction" and ......circumstances of the case, the findings of the Learned Single Judge to the effect that, "If any change is made in the plaint in respect of the suit khatian No. 769 to 766 it will not only amount to a departure from the basic document and the basic decree, but also it will shift the whol......he appeal is allowed and the impugned judgment of the High Court Division is set aside. No order is made as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 136. ..Category: Property Law | Date: | Hits: 23
Shamsu Miah and others Vs. Government of Bangladesh, 2002, 31 CLC (AD)
.... of those and the Annexure (f), copy of which was not made available to the writ petitioners. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 109. ......f people curbed out rehabilitation plots out of the land earlier acquired. There upon allotment of plots were made to the petitioners of the respective writ petitions. These allotters deposited the amount mentioned in the letters of allotment. Thereupon the relevant authority made over po...... of those and the Annexure (f), copy of which was not made available to the writ petitioners. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 109. ..Category: Property Law | Date: | Hits: 27
Md. Khoka Mollah Vs. State, 2002, 31 CLC (AD)
....asons and discussions made above, we find no merits in this appeal and as such, it is dismissed accordingly. Ed. This Case is also Reported in: 1 ADC (2004) 57; 22 BLD (AD) 229; 8 BLC (AD) 176. ......asons and discussions made above, we find no merits in this appeal and as such, it is dismissed accordingly. Ed. This Case is also Reported in: 1 ADC (2004) 57; 22 BLD (AD) 229; 8 BLC (AD) 176. ......ssed into the house of the informant and assaulted him and they also went to the shop of the informant and demanded Tk. 2000/- as till and threatened the informant to kill in case he died not pay the money and upon that allegation the Pallabi P.S. Case No. 6(5)/94 was started. 3. The police after..Category: Criminal Law | Date: | Hits: 47
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