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Abdul Aziz Vs. Khaja Abdul Gani and others, 2003, 32 CLC (AD)

....ion 561 A of the Criminal Procedure Code. In view of the above the criminal appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 23. .......1997 by the concerned bank with the comment of not hav­ing sufficient fund in the account. The complainant sent a legal notice on 23.5.1997 asking the accused respondent to pay back the entire amount. The accused respondent failed to comply with the notice and C.R. Case No. 1099 of 1997 unde......5953, Hal Khatian No. 2393/3 of Mouza Shahar Dhaka. The respondent No. 1 assured that he would hand over vacant possession of the land and execute a sale deed on receiving balance of consideration money but he failed to do so. Ultimately the complainant came to know that the accused respondent i..

Category: Criminal Law | Date: | Hits: 45

Shahabuddin Chisti Vs. Rajdhani Unnayan Katripakhya and another, 2008, 37 CLC (AD)

....ned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009), 73; VI ADC (2009) 271. ......d 25.03.1998 approved the plan and erected boundary wall, raised earth and made pilling works and got electricity connection and stored construction materials in the suit property and advanced huge amount for supplying construction materials and the plaintiff on 24.01.1999 entered into an agreem......ned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009), 73; VI ADC (2009) 271. ..

Category: Property Law | Date: | Hits: 40

Abdur Noor Chowdhury Vs. State and another, 2007, 36 CLC (AD)

....rd and the law involved rejected the  application under section 561A Cr. PC summarily. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 268. ......the said cheques being sub­mitted in the account of the informant maintained with Pubali Bank, CDA Branch, Chittagong for encashment was dishonored and thereafter the informant, on claiming the amount of cheque from the petitioner, was harassed and humiliat­ed. On the basis of the above ......y order dated 26.01.2006, summarily rejected the same. 3. The learned counsel for the petitioner submitted that complainant respondent no.2, filed the aforesaid case for realization of loan money as well as compensation in respect of which the Magistrate can not give any relief and dishon..

Category: Criminal Law | Date: | Hits: 45

State Vs. Abdur Rahim Shikder, 2008, 37 CLC (AD)

....signed by the learned Advocate for the petitioner merits no con­sideration. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 265. ......der came to P.W.1 and reported him that his son was in his custody and for which he demanded Tk. 55000/-. Thereafter, P.W.1 Abdul Barek Khan gave Tk. 55000/- to one Abul Hossain, who paid the said amount to Abdur Rahim Shikder in presence of P.W.5, Lal Banu, but till then they could not find out......prisonment for 1 (one) year more. 2. The prosecution case, in brief, is that one Amir Ali Khan, son of P.W. 1, Abdul Barek Khan on 14-07-1984 at 10.00 a.m. went to Dhaka for withdrawal of money from the bank, but on the same day he did not return and subsequently, P.W. 1 along with his ..

Category: Criminal Law | Date: | Hits: 36

State Vs. Md. Firoj Ahmed, 2007, 36 CLC (AD)

....In the above facts and circumstances of the case we find no merit in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 263. ......In the above facts and circumstances of the case we find no merit in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 263. ....../- and accused Zahirul Islam in doing Hundi of Tk. 60,000/- and accordingly they seized Tk. 6,20,000/- in all from the P.O. Office and arrested the accused who allegedly admitted that by depositing money on the basis of a slip, import things from India and during interrogation the accused per&sh..

Category: Criminal Law | Date: | Hits: 37

Mojibar Matubbar and others Vs. Abdul Hamid Matubbar, 2008, 37 CLC (AD)

....fers legal infirmity and is liable to be set aside. The appeal is therefore allowed with­out any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 238. ......fers legal infirmity and is liable to be set aside. The appeal is therefore allowed with­out any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 238. ......ested the suit alleging that the suit land belonged to Kurban Ali who took loan from Karam Ali Sheikh but the loan remained unpaid. Kurban Ali died without payment of loan. Hence Karam Sheikh filed money suit and obtained an ex parte decree against the heirs of Kurban Ali on 8.1.1923. On 23.9.192..

Category: Property Law | Date: | Hits: 25

Md. Ashrafuzzaman & others Vs. Bangladesh Chemical Industries Corporation & ors, 2007, 36 CLC (AD)

.... correct assessment of the materials on record arrived at a correct decision. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 226. ...... that the financial benefit given to them by way of basic pay in respect of the promot­ed post does not commensurate with their promoted position and also not beneficial to them inasmuch as the amount given to them as basic pay for the promoted posts is not higher than the last pay received b...... correct assessment of the materials on record arrived at a correct decision. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 226. ..

Category: Employment/Service Law | Date: | Hits: 76

Mst. Sufia Khanam Mst. @ Sufia Khatun & another Vs. Md. Abdul Rouf @ Tara Miah, 2007, 36 CLC (AD)

....ecord arrived at a correct decision. There is no cogent rea­son to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 217. ......ecord arrived at a correct decision. There is no cogent rea­son to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 217. ......r Rouf. The deed was created in favour of defendant No.1, wife of defendant No. 2. The plaintiff neither sold the property on 30.10.1997 nor did any other date and he not receive any consideration money for the property from defendant No.1 The deed is forged, without consideration, void and not ..

Category: Property Law | Date: | Hits: 20

Mst. Dorae Anwara Khatun Chowdhury Vs. Shekerernessa and others, 2008, 37 CLC (AD)

.... should have been decreed by the appellate court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 214. ...... should have been decreed by the appellate court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 214. ......ase the same for the price of Tk.10, 000/- for which the plaintiff purchased necessary stamp from the Feni Treasury through a vendor on 12.12.1977. The seller defendants received the consideration money from the plaintiff on 01.10.1978, executed the kabala and delivered possession of the land in..

Category: Property Law | Date: | Hits: 23

Md. Murtoza Ali & anr Vs. Renu Bibi @ Saifur Nessa & ors., 2007, 36 CLC (AD)

....e-emption in favour of the respondent pre-emptor. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 203. ......e-emption in favour of the respondent pre-emptor. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 203. ......ed sale on 10.03.1980 and thereafter obtained certified copies of the kabalas and filed the pre-emption cases after mak­ing deposit of the value of the case land together with 10% compensation money. 5. The pre-emptee petitioners entered appearance wherein opposite party No.1 also rep..

Category: Property Law | Date: | Hits: 25

Afazuddin Mollah and others Vs. Sadhan Chandra Roy, 2007, 36 CLC (AD)

....ub­stances in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 193. ......ub­stances in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 193. ......d to Fazal Mollah and Karim Mollah in equal share. Karim Mollah died leaving behind Malek Mollah and others. Money Suit No. 163 of 11933 was filed against them and share of Karim Mollah was sold in money Execution Case No. 286 of 1993 and it was purchased by defendant No.5 in the behami of Charu..

Category: Property Law | Date: | Hits: 21

Mahadeb Chandra Mondal and other Vs. Rebati Sarder and others, 2007, 36 CLC (AD)

.... sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 186. ...... sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 186. ...... sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 186. ..

Category: Property Law | Date: | Hits: 23

K.K.K. Garments Limited Vs. Islamic Bank Bangladesh Limited and others, 2007, 36 CLC (AD)

....hereon, defendant Nos. 2 and 3 deposited title deeds, affidavit, deed of agreement and other connected documents together with the original documents in usual course of banking system. In course of whole trans­action the defendants demanded for a number of time the statement of account of the......rged documents along with hire purchase agreement. The defen­dant deposited Tk. 10,00,000.00 (ten lac) only T.D.R. to the plaintiff bank, but the defendants did not repay the Murabha investment amount which stood at Tk.28,19,149.00 on 28.04.1988 and on the prayer of the defendants the said a......k sanctioned loan to defendant No.1 on Murabha investment basis for a sum of Tk. 20,14,087.00 for machinery and the defendants accepted the sanction letter which is fixed for repayment of the loan money together with profits thereof by 28.04.1988. Defendant Nos. 2 and 3 deposited the deed of the..

Category: Banking Law | Date: | Hits: 97

Taj Din Vs. Mrs. Razia Begum Alvi and others, 1973, 2 CLC (AD)

....sfied that there is no substance in them. The appeal is, therefore, dismissed. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 13. ...... of which, after taking into account the sum or sums paid to the vendor before the said date and the income tax or other Government dues or dues of public bodies or if the property was mortgaged, the amount due under such mortgage outstanding against the vendor being duly paid, on his behalf, by the......ng to which is entered into on or after the twenty-sixth day of July 1949, if the agreement was entered into before the said date in respect of which more than twenty per centum of the consideration money remained, on the said date to be paid by the vendee to or to the account of the vendor; (a..

Category: Property Law | Date: | Hits: 28

Collector of Customs, Customs House, Chittagong & ors Vs. M/s. Sumi Enterprise, 2008, 37 CLC (AD)

....peal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 6 LG (AD) (2009) 108; 61 DLR (AD) (2009) 67; VI ADC (2009) 106; 29 BLD (AD) 2009, 11. ......ry for clearance of the same and the customs authority assessed customs duty and other charges on the basis of the said SRO dated 16.8.1988 and thus imposed and realised from the writ petitioner an amount of Tk. 1.51.810.69/- paisa in excess. The writ petitioner then released the goods on payment......peal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 6 LG (AD) (2009) 108; 61 DLR (AD) (2009) 67; VI ADC (2009) 106; 29 BLD (AD) 2009, 11. ..

Category: Fiscal/Taxation Law | Date: | Hits: 75

Haji Safiuddin Ahmed Vs. The Administrator of Waqf and others, 2007, 36 CLC (AD)

.... we do not find any substance in this application for leave to appeal. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 105. ...... we do not find any substance in this application for leave to appeal. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 105. ......led by the petitioner himself being Title Suit No. 14 of 1999 before the Subordinate Judge. The President of the Waqf Estate and its Committee in collusion with his fellow men has been taking away money from the Waqf Estate without maintaining any proper account inspite complaint to the office o..

Category: Trust/Waqf Law | Date: | Hits: 173

Professor Dr. Niaz Zaman Vs. Rajdhani Unnayan Kartipakhya and others, 2003, 32 CLC (AD)

....e-C annexed thereto do form part of this order. With the above observation and the aforesaid directions this petition is disĀ­missed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 101. ......ent No. 3 and how the petitioner's right to enjoy light and air can be effected. Further both the petitioner and the respondent No. 3 are the lessee of the Government land under RAJUK and to claim an amount of light or air it must be enjoyed without interruption for sixty years. Creation of resident......e-C annexed thereto do form part of this order. With the above observation and the aforesaid directions this petition is disĀ­missed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 101. ..

Category: Property Law | Date: | Hits: 36

M/s Six Star Corporation, Proprietor Haji Mozahar Sowdager Vs. Bangladesh, 2004, 33 CLC (AD)

....e do no find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 81. ......igh Court Division in Admiralty Suit No.13 of 2001 rejecting and application for direction upon the respondent No.9 Mongla Port Authority to release the bank guarantee No. 02/2003 dated 24-03-2003 amounting to Tk. 2,54,86,000/- issued by Janata Bank, Lal Dighi East Corporate Branch, Chittagong i......e do no find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 81. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 199

Haji Alauddin Vs. State and another, 2008, 37 CLC (AD)

....ccordingly discharged the Rule. 6. Khondakar Mahbub Hossain, the learned Senior Advocate appearing for the  appellant, submits that even the facts stated in the F.I.R. is accepted as a whole it  does not disclose any criminal offence under Sections 406/420 of the Penal Code as b...... M/S. H. M. Enterprise in course of business transaction purchased cement on credit on different dates in all worth Tk. 2,51,82,845/- and paid Tk. 1,90,77,076/- and there remained out­standing amount of Tk. 61,05,769/-. Since inspite of repeated demands the accused-appellant did not pay the ......8 and the accused-appellant replied to the legal notice denying the payment of the amount due. On September 3, 1998 there was salish for the 2nd time and therein the accused-appellant admitted the money due from him and issued 3 post dated cheques of October 25, 1998, November 25, 1998, December..

Category: Criminal Law | Date: | Hits: 32

Maksudun Nabi Joarder Vs. Md. Rafiq alias Abdur Rafiq Khan and others, 2008, 37 CLC (AD)

....is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 153. ......lso obtained an order in Civil Revision No.142 of 2005 directing the parties to maintain status quo with respect to the suit land and if the execution case is allowed to pro­ceed the same will amount to violation of the order of status quo and that Rule was issued in Civil Revision No.4120 o......is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 153. ..

Category: Property Law | Date: | Hits: 18