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Redwan Ahmed Vs. Bangladesh, 2010, 39 CLC (HCD)

....read with section 5(2) of the Prevention of Corruption Act 1947 was started against the petitioner and others. 5. The FIR has been lodged under section 409 of the Penal Code and the same being a scheduled offence of the Anti-Corruption Commission Act 2004 was investigated into by the Anti-Corru......il already granted to him by this Division. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 70. ..

Category: Anti-Corruption Laws | Date: 25 Oct, 2010 | Hits: 211

Deen Mohammad Vs. Bangladesh Bank and others, 2010, 39 CLC (HCD)

....orship of the City Bank Ltd. was fallen vacant under section 17 of the Bank Company Act, 1991 (in short, the Act). It has been contended that the petitioner paid 10% down payment and made the loan re-scheduled which was more than the loan amount of Taka 58.38 lakh and as such 1(one) year after payme......ereby vacated. Let a copy of the Judgment be sent to the concerned authority at once for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 506. ..

Category: Banking Law | Date: 12 Oct, 2010 | Hits: 423

Nurul Majid Mahmood Humayun Vs. Brigadier General Hassan PSC (Rtd.) and others, 2010, 39 CLC (AD)

....indings and observations, we do not find any merit in the leave petition. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 89. ...... be said to be a candi­date; that under the present scheme of the law the symbols are registered with the party as opposed to the previous practice of reserved symbols, thus the symbol now is the property of the political party concerned. In that view of the matter the prospective candidate is t..

Category: Civil Law, Election Law | Date: 7 Oct, 2010 | Hits: 8

Prime Global Ltd and others Vs. Artha Ain Adalat No.4, Dhaka and others, 2010, 39 CLC (HCD)

....eous Case No. 390 of 2008 (arising out of Artha Rin case No. 291 of 2003) is without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 205 ......fact given in connection with a subsequent facili­ty being CC (Hypo) LTR loan facility which has already been adjusted, but the Uttara Bank refused to return personal guarantee and mort­gaged property. 4. At one stage, in the course of trial, the petitioner tried to exclude their names ..

Category: Banking Law | Date: 23 Aug, 2010 | Hits: 2

Abdur Rashid Gazi Vs. Nur Ali Gazi and others, 2010, 39 CLC (HCD)

....he time of issuance of the Rule is hereby recalled and vacated. Send down the lower Courts' records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 315. ......measuring 1.32 acres, confirmation of possession and for permanent injunction over the suit land as described in the schedule to the plaint. 3. The plaintiffs case in short is that the landed property measuring 13.34 acres of land of S.A. KhatianNo.353 belonged to Wazed Ali and others and ..

Category: Procedural Law | Date: 10 Aug, 2010 | Hits: 4

Abeda Khatun and others Vs. Md. Idris Mia and others, 2010, 39 CLC (HCD)

....order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 308. ......out may remedy and the plaintiffs shall be allowed to enjoy the benefit of the decree obtained beyond her knowledge and thereby she will be deprived of her fundamental and legal right to enjoy the property as an admitted co-share. 9. It is settled principle of law that a proceeding under se..

Category: Procedural Law | Date: 14 Jul, 2010 | Hits: 3

AL-Arafah Islami Bank Limited Vs. M/S. Nobel Enterprise, 2010, 39 CLC (HCD)

....on Case No. of 2004 within four months from the date of receipt of this order. Office is directed to send down the record at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 351. ......ecree is passed actually and voluntarily resides or carries on business, or personally works for gain, within the local limits of the jurisdiction of such other Court, or (b) if such person has no property within the local limits of the jurisdiction of the Court which passed the decree sufficient..

Category: Procedural Law | Date: 12 Jul, 2010 | Hits: 28

Bangladesh Legal Aid and Services Trust and Others Vs. Government of Bangladesh and Others, 2010, 39 CLC (HCD)

.... Children's Affairs and the Inspector General of police by a special messenger of the Court at the costs of the office. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 61; 63 DLR (2011) 1.......alienable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh, and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law." This article in fundamental..

Category: Women and Children | Date: 8 Jul, 2010 | Hits: 335

Dhirendra Nath Mondal Vs. Agrani Bank Ltd and others, 2010, 39 CLC (HCD)

....ing the responsibility to repay the loan amount in default by the defendants No.2 and 3. There­after, on 23-2-1991, the defendant No.1 against sanctioned a short-term loan of Taka 2, 07,000 and rescheduled the earlier loan amount pursuant to an application filed by the plaintiff. This time also ......hulna, impleading the respondents as defendants for a declaration that the preliminary decree dated 30-2-1997 and final decree dated 12-3-2001 passed in Artha Rin Suit No.35 of 1996 cove­ring the property of the plaintiff was illegal, collusive, inoperative and not binding upon him. 3. The ..

Category: Civil Law | Date: 7 Jun, 2010 | Hits: 6

Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD)

....uch, the learned Judge committed no illegality in decreeing the suit. The Learned Advocate on reference to exhibit Kha, Ga, Gha, Uma and Cha submits that land mentioned in the bainapatra was properly scheduled and also that the baina land was owned by Reliance Factory butted and bounded by pucca wal......nd to defendant No.2, hence the suit with prayer that 'a decree be passed directing defendant No.1 and 2 to execute and register the sale deed in question in favour of the plaintiff in respect of the property in suit on accepting the contractual sale money less than the amount already paid as earnes..

Category: Property Law | Date: 12 May, 2010 | Hits: 133

Aftab Automobiles Ltd Vs. Superintendent Customs, Excise & VA, 2010, 39 CLC (HCD)

.... 33. The order of stay granted earlier by the court stands vacated. Communicate the judgment to the respondents at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 138. ......ditor-General and for that purpose he or any person authorized by him in that behalf shall have access to all records, books, vouchers, documents, cash, stamps, securities, stores or other government property in the possession of any person in the service of the Republic. (2) Without prejudice ..

Category: Fiscal/Taxation Law | Date: 10 May, 2010 | Hits: 6

Bangladesh Vs. Raj Rajashore Cakra Narayan Jiue Deity and others, 2010, 39 CLC (HCD)

....er Class Suit No.398 of 1981 is hereby affirmed. Send down the lower Court records at once. Shahidul Islam J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 340. ......uit for declaration of title in the suit land. 5. The defendant contested the suit by fil­ing written statement denying the material facts of the plaint contending, inter alia, that the suit property was non-retainable khas land i.e. fishery, bil, hat and bazaar belonging to the ex-rent rec..

Category: Evidence Law | Date: 10 May, 2010 | Hits: 161

Most. Johura Begum alias Mosammat Johara Begum Vs. Alhaj Abdur Rob Bhuiyan and others, 2010, 39 CLC (HCD)

....ndant Nos.1-3 Md. Nurul Haque Sheikh is added as defendant No.5 in the suit. Let a copy of this Judgment be sent down at once. This Case is also Reported in: 17 MLR (HCD) (2012) 409. ......rcise of its judicial discretion. In this case, it appears, the opposite-party No. 1 in his application under Order 1, Rule 10(2) of the Code categorically stated that the land in suit was a joint property and he had a share therein and the documents were fraudulently executed by Dhirendra Lal N..

Category: Procedural Law | Date: 9 May, 2010 | Hits: 4

Amina Khatun and others Vs. State and others, 2010, 39 CLC (HCD)

....n Title Suit No.351 of 1994 is set-aside. Title Suit No.351 of 1994 is decreed. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 106. ......atun and others..................Appellants Vs. State and others..............................Respondents Judgment April 26, 2010. Result: The appeal is allowed. No property can be declared as enemy or abandoned property after 1969 As per decision of the Appel..

Category: Property Law | Date: 26 Apr, 2010 | Hits: 9

Kazi Md. Abdul Basit Vs. State, 2010, 39 CLC (HCD)

....r arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 219. ......iser is a public servant within the meaning of Clause Ninth of Section 21 of the Penal Code i.e. every officer of the Government whose duty it is as such officer, to take, receive, keep or expend any property on behalf of the Government or to execute any revenue process or to investigate or to repor..

Category: Criminal Law | Date: 13 Apr, 2010 | Hits: 119

Md. Osman Gani alias Faruq Mia Vs. Deputy Commissioner and others, 2010, 39 CLC (HCD)

..... Office is directed to communicate the order at once. Syed Md. Ziaul Karim J.- I Agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 179; 18 BLT (HCD) (2010) 311 . ...... Code). 2. Materials facts are that plaintiff institut­ed Title Suit No.15 of 2002 in the third Court of Assistant Judge, against defendants for declaration of title and declaration that vested property proceedings in respect of suit land is illegal, void and not binding upon him. The trial Co..

Category: Procedural Law | Date: 6 Apr, 2010 | Hits: 111

Sayeda Nasima Sarwar Vs. Government of Bangladesh, 2010, 39 CLC (HCD)

.... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 350. ......at he did not disclose all his wealth, which he retained in his possession, in his own name or in the name of his wife or dependent and the other accused have assisted and abetted him in keeping that property in their possession. What evidence the prosecution has in respect of their prima-facie sati..

Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 103

Safiat Sobhan Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)

.... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this Judgment be communicated at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 511. ......e submits that the writ petitioner is an individual tax payee having his separate Tax Identification Number and the ACC, if they so wish, may serve a notice under section 26(1) of the ACC Act for any property which may be in his possession. He points out that in the aforementioned decision it was he..

Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 189

Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)

..... 44.  In the result, the appeal is dismissed. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 323. ......registered by defendant No.1, purportedly on behalf of plaintiff, is/are of no legal effect and not binding on the plaintiff, a decree declaring plaintiffs right, title and possession in the schedule property, a decree for khas possession of the schedule property, a decree for permanent injunction u..

Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13

Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)

....Metro Senior Special Judge, Dhaka. The said learned Judge, on an earlier date, allowed the Petitioner’s application for dispensation with Court appearance. 5. Charge hearing took place, as scheduled, on 20/8/2008. Prior to that date an application under sections 241A of the Code of Crimin......iminal breach of trust. Under Section 405 PC, the defining section, a Criminal Breach of Trust is occasioned only when the postulant dishonestly misappropriates or converts to his own use the subject property or dishonestly uses or disposes of that property in violation of any direction of law presc..

Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228