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Korban Ali Khan (Md) and Others Vs. Asalat Khan and others, 2000, 29 CLC (HCD)
....onsideration money. 3. The pre-emptees contested the Case by filing a written objection contending that the Case is not maintainable and the same is bad for defect of parties. The pre-emptees also claimed that the Case is barred by limitation, the pre-emptee further alleged that Md Musab Khan tra......eous (Pre-emption) Case No. 11 of 1988 in the Court of the Assistant Judge, Keraniganj, Dhaka impleading the petitioners as pre-emptees and opposite party Nos. 3-14 as other opposite parties, praying for pre-emption of the Case land under section 24 of the Non-Agricultural Tenancy Act alleging, inte......land to the pre-emptees by a kabala dated 4-2-1998 at a total consideration of Taka 20,000.00 and pre-emptors accordingly, filed the Case for pre-emption of the Case land upon deposit of compensation money at the rate of five per centum of the consideration money. 3. The pre-emptees contested the..Category: Property Law | Date: | Hits: 31
Daily Star and Prothom Alo Patrika Vs. State, 2001, 30 CLC (HCD)
....e, 5th Court, Dhaka in 1999 and summons were issued upon the prosecution witnesses but no witness was produced by the prosecution side before the Court during the last one year; that prosecution side claimed in Court on Monday that witness in Jalal Murder Case could not be traced; the victim’s wif......in charge of Sessions Case No. 3712 of 1999 pending in the Court of learned Metropolitan Additional Sessions Judge, 5th Court, Dhaka should not be changed and a Special Public Prosecutor be appointed for conducting the Case or pass such other or further order or orders as to this Court may seem fit ......pector Ziaul Hasan, went to her residence and offered taka ten lac to withdraw the Case; that the lawyer and the brother came to her and asked her to change her story slightly in Court in exchange of money; that Qamrul Islam admitted that he had told Halima to keep away as he said he had been so bus..Category: Criminal Law | Date: | Hits: 189
Hasibur Rahman (Md) Vs. Shakila Begum and another, 2000, 29 CLC (HCD)
....his absence First plaintiff went to her father’s house with cash and kind and First defendant failed to bring back First plaintiff to his house. Further pleading was that First plaintiff waived her claim of dower. 5. Learned Family Judge, Bagerhat awarded part decree in favour of plaintiffs......s Civil Revisional Jurisdiction on laying a petition under section 115 of the Code of Civil Procedure to quash the decision under challenge. 2. A brief resume of facts essential and requisite for disposal of Civil Revision petition may be noticed and stated. 3. First and second opposi......e parties of Civil Revision petition as plaintiffs impleading petitioner and his father as First and Second defendants laid a suit being Family Suit No. 26 of 1982 in Family Court, Bagerhat for dower money and maintenance with contentions that First plaintiff was married to First defendant through a..Category: Family Law | Date: | Hits: 152
Sirajul Islam (Md) and another Vs. Government of Bangladesh & others, 2000, 29 CLC (HCD)
.....1 Satkhira to release the goods seized by the customs authority in their favour and the learned Special Tribunal by order No.37 dated 3-3-99 directed the Customs authority to return the goods to the claimants as per their individual statement after realising VAT as per law. After the passing of the......amim and Motiul Alam came from India with some goods under Baggage Rules and they after completing immigration checking from immigration checking post produced the goods to the Customs House, Jessore for assessing Customs Duty, VAT and other taxes. But their goods were not released and those were te......nd the Rule is liable to be discharged on that count also. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 127. ..Category: Criminal Law | Date: | Hits: 101
Bibhu Ranjan Das Vs. Hakim Ali and others, 2000, 29 CLC (HCD)
.... “Where the defendant appears and the plaintiff does not appear when the suit is called on for hearing the Court shall make an order that the suit be dismissed, unless the defendant admits the claim, or part thereof, in which Case the Court shall pass decree against the defendant upon such ad......resent petitioner was not a party, either in the Title Suit or in the Miscellaneous Case. He was engaged in those as a lawyer, instructed by the plaintiff opposite party No. 8. The suit was dismissed for want of prosecution. Subsequently, upon an application filed by the plaintiff opposite party No.......িতে পারিবে।” Be expunged from the impugned judgment and order. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 114. ..Category: Civil Law | Date: | Hits: 80
Hussain Mohammad Ershad Vs. State and others, 2000, 29 CLC (AD)
....eriod from 1985 to 1987 from either the persons, who were the owners at the time of the acquisition or the heirs of such owners and got their names submitted in the LA Office obviously with a view to claim allotment of the plots of KCA as affected persons. Among them are the accused Nos.8 to 15 and ......ant in Criminal Appeal No.1112 of 1993) and (17) Aftara Begum (appellant in Criminal Appeal No.1134 of 1993) along with two other accused absconding and another since acquitted were placed on trial before the Second Court of Additional Session Judge and Court of Special Judge, Dhaka in Special Case ......ignature is proved by PW 10 and marked Exhibit 42/82. 13-9-1989 Allotment letters were issued. 18-9-1989 Accused No.10 Shahinur Islam, used No.17 Aktara Begum and one Sadeq deposited the entire lease money of Taka 23,22,600. 19-9-1989 Possession of plot No.49 was delivered to accused Nos.10 and 17 a..Category: Property Law | Date: | Hits: 33
Nafisa Choudhury Vs. United Food Complex Ltd. and another, 2000, 29 CLC (HCD)
....S for all past loans of the company. It is alleged that the respondent No. 2 declared that he shall continue to act as Managing Director till the legal formalities have been completed. The petitioner claims that BSRS gave unqualified approval to the appointment of respondent No. 3 as Managing Direct......nd that the hatchers and incubators of the petitioner and the respondent No.3 will be taken over by the company and the company will pay the petitioner the actual cost of machines and spate parts as aforesaid and installation charge of Taka 3,00,000.00 by issue of stock debenture and in Case of defa......ment of loan to BSRS and the liability increased from Taka 363 crore in 1984 to Taka 9,49,47,195.00 by the end of 1997. The petitioner and her husband respondent No. 3 invested considerable amount of money to set up their own poultry and poultry hatchery. They imported 3 incubators and 3 hatchers fr..Category: Business or Commercial Law | Date: | Hits: 198
Safiqueuddin Ahmed (Md) and another Vs. House Building Finance Corporation, 2000, 29 CLC (HCD)
....itioner for sale of mortgage property for recovery of the outstanding loan. The loanee-petitioner contested the aforesaid Miscellaneous Case No. 28 of 1979 by filing a written objection disputing the claim made by the House Building Finance Corporation. The aforesaid Miscellaneous Case was eventuall...... No. 36 of 1984 under Order 9, rule 13 of the Code of Civil Procedure. 2. House Building Finance Corporation as petitioner filed Miscellaneous Case No. 28 of 1979 against the loanee-petitioner for sale of mortgage property for recovery of the outstanding loan. The loanee-petitioner contested ......ated 7-2-1989 passed by the learned District Judge in Miscellaneous Case No. 36 of 1984 is hereby affirmed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 80. ..Category: Procedural Law | Date: | Hits: 78
Shafiqur Rahman Vs. Bangladesh Jatiya Samabaya Bank, 2000, 29 CLC (HCD)
....ting Court at once. The order of stay granted earlier by this Court at the time of issuance of the Rule is hereby re-called and vacated. Ed. This Case is also Reported in: 53 DLR (2001) 78. ...... Commercial Court No.1 at Dhaka in Money Execution Case No. 76 of 1985. 2. It appears from the record that opposite party Bangladesh Jatiya Samabaya Bank obtained a money decree dated 05-09-56 for Taka 49,604.08 in Money Suit No. 13 of 1956 against the petitioner and another. 3. ‘Dec......Court, Subordinate Judge and Commercial Court No.1 at Dhaka in Money Execution Case No. 76 of 1985. 2. It appears from the record that opposite party Bangladesh Jatiya Samabaya Bank obtained a money decree dated 05-09-56 for Taka 49,604.08 in Money Suit No. 13 of 1956 against the petitioner a..Category: Civil Law | Date: | Hits: 82
Aleya Begum and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....tation of two Magistrates 1st Class at the time of eviction and papers about delivery of possession after eviction are filed as Annexure 1 and 2. 9. Respondent No. 2 denied the allegations and claim of the petitioners. It has been stated that all Annexures filed along with the writ petition i......g of the ‘Nagar Daridra Beshayak Jatiya Parishad held on 9-4-90 under chairmanship of the then President of the country problems of slum dwellers in Dhaka City were discussed and decision was taken for developing facilities for sanitation, health care, water supply and medical treatment of slum dw......p the petitioners in any way in the above context. In the result the Rule is accordingly disposed of with the above observations. Ed. This Case is also Reported in: 53 DLR (2001) 63. ..Category: Property Law | Date: | Hits: 60
Nurul Islam Monzoor Vs. State and another, 2000, 29 CLC (HCD)
....ainst him. 5. Regarding the submission of the learn Advocate for accused-petitioner with regard to of section 339C (4) of the Code, the learned Deputy Attorney-General seriously challenges the claim. At the outset ‘he submits that the provision is mandatory so far as releasing an accused on......torney-General—For the State. Criminal Miscellaneous Case No. 7428 of 2000. Judgment Md. Abdul Aziz J. - The supplementary affidavit put in Court by the accused-petitioner do form part of the main application. The report bearing Memo No. 10560/Bha: Sha: dated 4-12-2000 submi......ail (opposite party No. 2) for information and compliance and also to the learned Metropolitan Sessions Judge, Dhaka for compliance. Ed. This Case is also Reported in: 53 DLR (2001) 59. ..Category: Criminal Law | Date: | Hits: 26
Jarina Khatun & others Vs. Gani Howlader & others, 2000, 29 CLC (HCD)
....t Bakhergonj on transfer. The said suit was decreed on contest against the Government and defendant Nos. 5 and 6 declaring VP Case No.43 of 1980 as illegal and without any lawful authority. They also claimed to be in possession of the suit land on payment of rents. Defendant No. 3 transferred some l......tle Appeal No. 298 of 1993 affirming those dated 12-9-1993 passed by Assistant Judge at Bakhergonj in Title Suit No. 143 of 1984 dismissing the suit. 2. The plaintiff Tayeb Ali instituted the suit for declaration of his title in the suit land and also for a declaration that the VP Case initiated ...... observations, if necessary, on further evidence as may be adduced by the parties. The Court would abide by the ultimate result of the suit. Ed. This Case is also Reported in: 53 DLR (2001) 53. ..Category: Property Law | Date: | Hits: 22
.... Annexure-1-4(I) of the affidavit-in-opposition of this respondent submitted that there existed no relationship of landlord and tenant between the respondent No. 4 and the petitioners and the alleged claim of the petitioners regarding oral agreement with the respondent No. 4 is a myth and a cock and......vocate—For Respondent No.4.
Writ Petition No. 95 of 2000.
Judgment
Syed JR Mudassir Hussain J.- Petitioner No.1 Meridian International Limited Company and petitioner No. 2 the former tenants of the respondent No. 4 obtained the Rule Nisi calling upon the respondents to show c......oners possession. The petitioners offered rent to the respondent No. 4 but it was refused and they in order to avoid for their being treated as defaulters, sent monthly rent to the respondent No.4 by money order but the same was returned unsaved. The petitioners then filed House Rent Control Case No..
Category: Property Law | Date: | Hits: 31
Islami Bank Bangladesh Ltd. and others Vs. Abdul Jalil and others, 1999, 28 CLC (HCD)
.... filed by the self same 40 plaintiffs. In the ‘Kha’ Schedule of the plaint of the earlier suit the land of CS Khatian No. 4300 Ja, CS plot No. 371 was shown as 94 shatangsha and the plaintiffs’ claim that out of 94 shatangsha the defendants purchased only 0.0090 ajutangsha by several documents......f 1999. Judgment Mozammel Hoque J.- This Rule was issued calling upon the opposite parties No. 1 to 40 to show cause as to why the order No. 12 dated 27-7-1999 rejecting an application for rejection of the plaint passed by the Subordinate Judge, 5th Court, Dhaka in Title Suit No. 42 o......process of the Court.” From a reading of the plaint the fate of the ‘instant suit becomes clear if the present suit is allowed to proceed further it would only consume the time, energy and money of all the parties concerned, in such facts and circumstances of the Case this Court cannot al..Category: Property Law | Date: | Hits: 61
....nt Case, the allegation against the police is against decency, forbearance, civility and Courtesy which they are duty bound to display as acts, actions and behaviour.
16. The respondents, however, claiming that they had nothing to do in the matter of eviction, have asserted that rather they have ......is Case is also Reported in: 53 DLR (2001) 1.
......anted in the society hounding them from their peaceful occupation of house/rooms rented by them from the owners of the buildings. They regularly pay rent to the landlords as well as a large amount of money to different authorities including the law enforcing agencies and contribute to the developmen..
Category: Constitutional Law | Date: | Hits: 264
State Vs. Md. Sadequl Islam Tusar and others, 2009, 38 CLC (AD)
....During trial, the Bicharok framed charge against the accused under Sections 11 (ka) and 30 of the Ain, 2000. The charge was explained and read over to the accused to which they pleaded not guilty and claimed to be tried. 6. The defence case, as it transpires from the trend of cross-examination......instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Sheikh Atiar Rahman, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondents. Criminal Petition for Leave to Appeal No.145 of 2008. (From the judgment and order dated 15.01.2008 passed by th......ther-in-law Advocate Ashraful Islam Dulu (P.W.6) went to the house of the accused and requested them not to put pressure on Rakhi for the dowry. However, they (P.Ws.1 and 6) promised to give the rest money soon to Sadequl, Islam Tusar and brought Rakhi to their house. Thereafter, they paid Tk.1, 00,..Category: Criminal Law | Date: | Hits: 43
Md. Abdur Rahim Vs. Md. Amirul Islam & others, 2007, 36 CLC (AD)
....are that the pre-emptor filed Miscellaneous Case No.109 of 1996 under section 96 of the State Acquisition and Tenancy Act in the First Court of Subordinate Judge (now Joint District Judge), Rajshahi claiming pre-emption of the case land stating, inter alia, that the pre-emptor is a co-sharer in the......Respondent No.1. Not represented-Respondent Nos. 2-9. Civil Review Petition No.119 of 2007. (From the judgment and order dated 17.05.2007 passed by the Appellate Division in Civil Petition for Leave to Appeal No.812 of 2004.) Judgment MM Ruhul Amin J.- By this petition the petition......ptee contested the case by filing written objection denying the material allegations made in the miscellaneous application and contended that the pre-emptor did not deposit the total consideration money and the pre-emptee made improvement of the case land by investing huge money. 4. The trial ..Category: Property Law | Date: | Hits: 20
Abul Hashem Vs. International Oil Mills Limited, 2009, 38 CLC (AD)
.... and the new owner of M/S Amin Agency will execute an agreement with the respondent No.4 and thus 0.75 acre of land was never leased out to the writ petitioner and the writ petitioner has no right to claim any part of the same. It is further stated that the properties of M/S Amin Agencies has been p......ecord-For Respondent No. 3 (In Civil Miscellaneous Petition No.231 of 2008) Not represented-Respondent Nos.2, 4 & 5 (In Civil Miscellaneous Petition No.231 of 2008). Civil Petition for Leave to Appeal No.2324 of 2008. (From the judgment and order dated 28.02.2008 passed by ......t a joint application with the writ respondent No.1 to the writ respondent No.4, Chittagong Port Authority, prior to which, the writ respondent No.1 was required to pay off the dues relating to lease money of Tk.7, 28,857.31 for the period of 01.01.1984 to 31.12.1990 to the lessor i.e. writ responde..Category: Property Law | Date: | Hits: 33
A. K.M. Hasanuzzaman Vs. Abdur Rab Chowdhury and others, 2010, 39 CLC (AD)
....ers succumbed to their injuries subsequently and all the other passengers were also seriously injured. Besides, the motor car was severely damaged. 3.The respondent No. 1, in due course, filed a claim case for Tk. 30,50,000/- being Claim Case No. 30 of 2002 before the Claims Tribunal and Distri......ecord-For the Petitioner. Abdur Rob Chowdhury, Senior Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record-For Respondent No. 1. Not Represented-Respondent Nos. 2-12. Civil Petition for Leave to Appeal No. 1681 of 2009. (From the Judgment and order dated 04.03.2009 passed by the...... miscellaneous appeal. Under such circumstances, this petition does not merit consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 437. ..Category: Civil Law | Date: | Hits: 96
Biman Bangladesh Airlines and others Vs. Al Rojoni Enterprise, 2010, 39 CLC (AD)
....nd order dated 26.11.2008 passed by the High Court Division in First Appeal No. 28 of 2004, be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 415. ......instructed by Zahirul Islam, Advocate-on-Record-For the Petitioners. A. B. M. Baizid, Advocate, instructed by Syed Mahbubur Rahamn, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 444 of 2009. (From the judgment and order dated 26.11.2008 passed by ......wing the First Appeal No.28 of 2004 and in decreeing the suit for Tk. 21,19,971.60 with interest of the rate of 8% per annum. 2.The facts of the case, in brief, are that the respondent filed a money suit being the Money Suit No. 21 of 2001 in the Court of Subordinate Judge, Third Court, Dhaka..Category: Civil Law | Date: | Hits: 85
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