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Hazera Begum Vs. Artha Rin Adalat and others, 2007, 36 CLC (AD)
....igh Court Division is therefore erratic and perverse. The appeal is therefore allowed but without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 220. ......igh Court Division is therefore erratic and perverse. The appeal is therefore allowed but without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 220. ......r for issuing warrant of arrest and detention of the judgment-debtor appellant, a women, in civil prison if it (Artha Rin Adalat) considered fit and proper for the sake of realisation of money. 5. Leave was granted to consider the submission that the learned Judges of..Category: Civil Law | Date: | Hits: 111
Mirza Saifuddin Hasan Vs. State, 2007, 36 CLC (AD)
....ty or infirmity in the decision of the High Court Division so as to call for interference. The petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 977. ......ctor, Agriculture Extension Department, Khulna nor those were sent to the District Account Office for encashment and the alleged advices were also forged and fictitious and inspite thereof the amount of Tk.7,25,400/- was paid to the alleged cashier Habibur Rahman of the Agricultuer Extensio...... some documents which are Ext. 4 series and the 'Uma' serial of Ext.4 shows that Habibur Rahman, the cashier of the office of Deputy Director, Agriculture Extension Department, Khulna received cash money of Tk.7,24,400/- by Token No. 93/4 but the said Habibur Rahman as RW.6 deposed that he did n..Category: Criminal Law | Date: | Hits: 43
Enamul Hoque Mollah Vs. State, 2007, 36 CLC (AD)
....int at any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 972. ...... of the Deputy Director, Agriculture Extension Department, Khulna nor were those sent to District Account Office for encashment. The alleged advices were forged and fictitious and inspite thereof the amount of Tk.7,25,400/- was paid to cashier Habibur Rahman of the Agriculture Extension Department. ......zed some documents which are Ext. 4 series and 'Uma' serial of Ext. 4 shows that Habibur Rahman, the cashier of the office of Deputy Director, Agriculture Extension Department, Khulna received cash money of Tk. 7,24,400/- by token No. 93/4 but the said Habibur Rahman as P.W.6 deposed that he did n..Category: Anti-Corruption Laws | Date: | Hits: 81
Aftab Ali Chowdhury and another Vs. Piara Khanam and others, 2006, 35 CLC (AD)
.... kind in the judgment of the High Court Division calling for interference. Accordingly the petition is dismissed. Ed. The Case is also reported in: IV ADC (2007) 958. ......hosh to the effect that if the borrowed money is returned within two years, Nagesh Chandra Ghosh would reconvey the land of the aforementioned kabalas, that Manada Chandra Ghosh paid back the loan amount to Nagesh Chandra Ghosh and he executed a deed of re-conveyance on July 14, 1964 but the dee......gust 3, 1962 in favour of Nagesh Chandra Ghosh and on August 14, 1962 Nagesh Chandra Ghosh executed and registered an Ekrarnama in favour of Manada Chandra Ghosh to the effect that if the borrowed money is returned within two years, Nagesh Chandra Ghosh would reconvey the land of the aforementio..Category: Property Law | Date: | Hits: 25
Md. Tajul Islam Vs. Bangladesh, 2006, 35 CLC (AD)
....h the findings and decisions arrived at by the High Court Division. This petition merits no consideration. Accordingly, it is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 944. ......1990 and set up a Brick Field on 2.00 acres of land in the Lankhpur Mouza, Katchua, Chandpur under the name and style M/s. Tajul Islam Brick Field and he having engaged in the business, invested huge amount of money in the said business. From the Deputy Commissioner, the petitioner obtained a lice......et up a Brick Field on 2.00 acres of land in the Lankhpur Mouza, Katchua, Chandpur under the name and style M/s. Tajul Islam Brick Field and he having engaged in the business, invested huge amount of money in the said business. From the Deputy Commissioner, the petitioner obtained a licence for th..Category: Environmental Law | Date: | Hits: 517
Abdus Sattar Khan Vs. Md. Noor@ Nurullah, 2006, 35 CLC (AD)
....ivision committed no error of law or precodure in dismissing the appeals. Accordingly the petitions are dismissed. Ed. The Case is also Reported in: IV ADC (2007) 930. ......ivision committed no error of law or precodure in dismissing the appeals. Accordingly the petitions are dismissed. Ed. The Case is also Reported in: IV ADC (2007) 930. ......ant Nos. 7-11 owned 10 gondas land of the aforementioned patta, that the land of the patta was put to auction and was purchased by Nim Chand Kartik (Kakuria) in the Execution Case No. 237 of 1943 (money execution case), that defendant No. 14 purchased the land sold in the aforementioned E..Category: Property Law | Date: | Hits: 26
Md. Samiul Haque and others Vs. Khairul Alam and others, 2006, 35 CLC (AD)
....he appellate Court and thereby restoring the judgment and decree of the trial Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 920. ......he appellate Court and thereby restoring the judgment and decree of the trial Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 920. ......le evidence from the side of the defendants in support of their contention of paying installment on the basis of Ext. c, that the defendants have not filed any receipt showing payment of money on the basis of Ext. C, that defendants on the basis of fraudulent paper i.e. Ext. C entered ..Category: Property Law | Date: | Hits: 18
S.M. Shakil Akhtar Vs. Rajdhani Unnayan Katripakha & another, 2007, 36 CLC (AD)
.... sufficient in respect of the grievance of the said writ petitioners. Both the leave petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 916. ......it petitions the case of the writ petitioners is that they are bonafide lessees under Rajuk by registered lease deed and they were inducted into possession and made construction spending huge amount of money and, therefore, cancellation of the lease is without any lawful authority. Their fu......ns the case of the writ petitioners is that they are bonafide lessees under Rajuk by registered lease deed and they were inducted into possession and made construction spending huge amount of money and, therefore, cancellation of the lease is without any lawful authority. Their further case..Category: Property Law | Date: | Hits: 46
Mustaque Alam Chy & anr Vs. Court of Joint District & 2nd Artha Rin Adalat, Dhk, 2006, 35 CLC (AD)
....el for the petitioners to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 906. ......t No. 2 filed the suit as a money suit and omitted to pray for foreclosure of the said mortgage or for the sale of the mortgaged property to recover the money allegedly due. Such omission amounted to a relinquishment of a claim by the plaintiff under Order II Rule 2 of the Code of Civil......1990 (now the Artha Rin Adalat Act 2003) ("the Act") for recovery of US$ 23,791,0237.49 converted to Tk. 19,03,85,902.75 (at the rate of US $ 50.22) for the purpose of valuation. The said money was allegedly due to the respondent No.2 from the proforma respondent No.3 against certain cr..Category: Civil Law | Date: | Hits: 96
Bangladesh Vs. Miss Nasima Khatoon and others, 2005, 34 CLC (AD)
....laim of getting the property through purchase from the lessee successors to the lessee does not arise. Thereafter, he submits referring to clause 7 of the lease deed that until payment of the whole lease money the possession of the predecessor of the writ petitioners was that of mere l......made above we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 901. ......ey General submits that the said document being not a public document was not filed before the court properly and as such no credence can be given to the said document. The fact of payment of lease money thus being not proved the writ respondents or their predecessors' claim of getting the prop&s..Category: Property Law | Date: | Hits: 22
Abdul Jalil Munshi & another Vs. Abu Bakr Siddique, 1976, 5 CLC (AD)
....nstruction of the wall by the appellants on 31-5-75 shall continue till the hearing of the injunction matter by the learned Munsif. Ed. This Case is also Reported in: 35 DLR (1983) (AD) 42. ......nstruction of the wall by the appellants on 31-5-75 shall continue till the hearing of the injunction matter by the learned Munsif. Ed. This Case is also Reported in: 35 DLR (1983) (AD) 42. ......findings. 20. It is pertinent in this case to emphasize a point that is very often missed, protraction of litigation, and consequent delay causing much inconvenience and loss of time as well as of money which has acquired the proverbial name of 'law's delay' are due not so much to the inherent de..Category: Property Law | Date: | Hits: 31
Md. Shah Alam Mollah Vs. Md. Ruhul Amin Khan & another, 2007, 36 CLC (AD)
....ved at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 88. ......d the informant and witness Nos. 2 & 3 and also confined them. At one stage accused No. 1 forcibly snatched away one tola golden chain from the witness No. 2, accused No. 2 snatched cash money amounting to Tk. 5,500/- contained in the vanity bag of the said witness and accused No. 3 loo......saulted the informant and witness Nos. 2 & 3 and also confined them. At one stage accused No. 1 forcibly snatched away one tola golden chain from the witness No. 2, accused No. 2 snatched cash money amounting to Tk. 5,500/- contained in the vanity bag of the said witness and accused No...Category: Criminal Law | Date: | Hits: 54
Md. Abu Safa Vs. Abdul Momen Chowdhury and others, 2006, 35 CLC (AD)
..... Security of Tk. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: V ADC (2008) 64. ......vely in fulfilling the commitment to the people. g) Description of assets and liabilities of the candidate and dependent of the candidate. h) Particulars and amount of loan taken from Bank or Financial Institutions deals with public money personally, joi......Description of assets and liabilities of the candidate and dependent of the candidate. h) Particulars and amount of loan taken from Bank or Financial Institutions deals with public money personally, jointly or by dependent or loan taken by the Company from Bank where the candi..Category: Election Law | Date: | Hits: 124
Billal Hossain and others Vs. Mofizur Rahman and others, 2006, 35 CLC (AD)
....rived at a correct decision and there is no cogent reason to interfere with the side decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 54. ......rived at a correct decision and there is no cogent reason to interfere with the side decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 54. ...... found that Dud Miah had subsisting interest in 1.80 acres of land out of 3.60 acres of land left by his father Alimuddin and Dud Miah also purchased 24 ½ decimals of land with his own money and thus he became owner in respect of 2.04 ½ acres of land including .15 &frac1..Category: Property Law | Date: | Hits: 19
Bijoy Kumar Sarbabidya Vs. Government of Bangladesh & others, 2006, 35 CLC (AD)
....not point at any error or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 44. ......not point at any error or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 44. ......where there has been no refusal on the part of the proposed vendor to execute the sale-deed and the possession of the vendee may be permissive even if the vendor has received the entire consideration money; the principle laid down in the cases of Additional Deputy Commissioner (Revenue), petitio..Category: Property Law | Date: | Hits: 39
Chairman, Raisree (North) Union Parishad & anr Vs. Abdul Khaleque & anr., 2006, 35 CLC (AD)
....ion and as such there is no cogent reason to interfere with the judgment sought be appealed. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 40. ......ion and as such there is no cogent reason to interfere with the judgment sought be appealed. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 40. ......nd that if the defendants attempt to construct the road ignoring objection of the plaintiffs there may be serious beach of peace which may even result to murder which may not be compensated by money. The defendant Nos. 1-6 contested the suit by filing a joint written statement contendin..Category: Property Law | Date: | Hits: 37
Shushil Chandra Nath Vs. Shanjib Kanti Nath and another, 2007, 36 CLC (AD)
....discussion made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 21. ......discussion made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 21. ......3,000/- and upon receiving Tk. 2,800/- exectited an agreement for sale, that Mohendra Kumar Nath being in debt and also for performing religious rites and ceremonies in old age was in need of money and for that felt the necessity of selling the land as regard which he entered into an agreem..Category: Property Law | Date: | Hits: 46
State Vs. Md. Rafique Ahmed, 2007, 36 CLC (AD)
....he learned Deputy Attorney General for the petitioner merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 178. ......d money admitting that he alone defalcated the money and no one else was with him and also paid 50,000.00 by a cheque bearing No.035827 dated 04.05.1992 as part payment towards the defalcated amount and also prayed to the authority to adjust the rest defalcated amount from his leave benefit......he said office and the office examined the cash books and other documents and thereafter, the authority investigated and found that the Cashier, Abdus Salam Khan embezzled and defalcated Government money at TK. 13,05,452.22 and sent a notice vide Memo No. 248/92,33 dated 09.06.1992 whereupon..Category: Criminal Law | Date: | Hits: 62
Atik Ullah & another Vs. Bangladesh, 2006, 35 CLC (AD)
....ed to get 10% interest per annum on the above mentioned amount. Accordingly, the review petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 138. ......rbitrator allowed the Arbitration Revision Miscellaneous Case, recalled the judgment and order dated 15.08.1991 and set aside the award dated 18.03.1989 made by the Collector and enhanced the award amount from Tk.2, 12,0001.00/- to Tk.5, 99,637.63/- as compensation for acquisition. The Governmen......tifications were issued and compensation award was prepared on 16.10.1991. The appellant—petitioners received the awarded compensation on protest. Being dissatisfied with the quantum of award money the appellant-petitioners filed Arbitration Revision Case No.1836 of 1990 before the learned..Category: Alternative Dispute Resolution | Date: | Hits: 207
Swapan Roy and others Vs. Shashadhar Roy and others, 2006, 35 CLC (AD)
....oint out any legal infirmity in the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 136. ......oint out any legal infirmity in the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 136. ......er for more then 10 bighas of land at that time. In fact those deed, are sale deeds. An area of 3.90 acres of land of the plaintiffs were acquired by the Government and they had taken compensation money for the said land. Tabarak Hossain Mollah executed and registered Nadabi deed dated 01.11.198..Category: Property Law | Date: | Hits: 23
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