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Md. Abu Daud Sarder Vs. State and another, 2002, 31 CLC (AD)
....f some other court to which such court is subordinate." 13. The deed dated January 8, 1976 has been filed by the appellant before the Court of Assistant Judge in support of his claim as regard the property in respect where he has sought for declaration of title and confirma&s......, by the accused is against the judgment and order of June 14, 1998 passed by a Bench of the High Court Division in Criminal Miscellaneous Case No. 160 of 1995. The High Court Division by the aforesaid order discharged the Rule. The Rule was obtained upon an application filed under section ......ne, in that case court would be quite competent to take steps as per law to start criminal proceeding against the appellant. Ed. This Case is also Reported in: II ADC (2005) 784. ..Category: Criminal Law | Date: | Hits: 50
Samarendra Nath Das (Nalu) and others Vs. Md. Atique and others, 2007, 36 CLC (AD)
....of the above, we find no reason to differ with the High Court Division. Accordingly, the petition is dismissed without costs. Ed. This Case is also Reported in: VI ADC (2009) 436. ......hbubur Rahman, Advocate-on-Record-For the Petitioner. Md. Nawab Ali, Advocate-on-Record-For the Respondent No. 1. None represented-For the Respondent No. 2. Criminal Petition for Leave to Appeal No. 326 of 2005. (From the judgment and order dated the 9th April, 2005 ......inant was serving as a Tashilder of Baharpur Tashil Office, a good intimacy grew in between the complainant father and the accused. The accused came to know that the complainant has huge amount of money and also allured him to deposit amount for business. The complainant gave TK. 3,50,000.00 to ..Category: Criminal Law | Date: | Hits: 41
Zahid Vs. Tanzir Hossain Mallick and another, 2007, 36 CLC (AD)
.... point out any infirmity of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 434. ...... Judgment September 23, 2007. Lawyers Involved: Md. Aftab Hossain, Advocate-on-record-For the Petitioner. Not represented-the Respondents Criminal Petition for Leave to Appeal No. 334 of 2005. (From the Judgment and Order dated June 20, 2005 passed ......d his brother to Foreign country for employment, that by a letter the petitioner expressed his inability to send the complainant's brother to Italy and thereupon complainant asked for return of the money received and that accused persons named in the petition of complaint issued cheque for ..Category: Criminal Law | Date: | Hits: 56
Jamil Ahmed Khan Vs. Md. Delwar Hossain and another, 2009, 38 CLC (AD)
....ce some papers could be collected from the Dhaka Stock Exchange which have been annexed with this petition. 7. From the papers collected it appears that the complainant on 18.10.1998 filed a claim case before the Chairman, Dhaka Stock Exchange for payment of Tk.6, 30,000/- (six lac thirty ......etitioner. Not represented-the Respondents. Criminal Review Petition No. 5 of 2009. (From the judgment and order dated 03.03.2009 passed by this Division in Criminal Petition for Leave to Appeal No.72 of 2009.) Order &n......case concisely, is that the convict petitioner borrowed Tk. 6.30,000/- from the respondent No.1 for expansion of his business subject to repay the same with satisfactory interest. Against the said money the convict petitioner issued a cheque of Tk. 6, 30,000/- in favour of the complainant respon..Category: Criminal Law | Date: | Hits: 50
Jamira Khatun and others Vs. Md. Fazlul Karim and others, 2008, 37 CLC (AD)
....t land is the family graveyard of the plaintiffs as well as of the proforma defendants. 3. The defendant No.1, Nazibullah contested the suit by filing written statement denying the claims of the plaintiffs stating, inter alia, that the suit land along with other lands belonged to......p; Huq, Advocate-on-Record-For the Petitioners. Aftab Hossain, Advocate-on-Record-For the Respondent Nos.1-6. Not Represented- Respondent Nos.7-17. Civil Petition for Leave to Appeal No. 492 of 2007. (From the judgment and order dated the 8th day of Februa......ind no substance in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 419. ..Category: Property Law | Date: | Hits: 31
Capt. Mohammad Lutfar Rahman Vs. Government of Bangladesh, 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) 406. ....... Mohammad Lutfar Rahman being dead his heirs. 1. Rani Jahan Rahman and others .........Petitioners Vs. Government of Bangladesh, represented by the Secretary, Ministry of Land Reform and Land Adminis......ossession of the schedule property in the year 1976 and the purchased land being mostly ditches and bushy land, he developed the same by spending a sum of Tk. 50,000/-and he also spent huge sum of money for constructing boundary wall around the above property; L.A. Case No.90 of 1964-65 was star..Category: Property Law | Date: | Hits: 50
Dhaka Bank Limited Vs. Monir Hossain and others, 2008, 37 CLC (AD)
....uses and unless and until the shipping documents are retired by the respondent Nos.2 and 3 upon payment of money, the legal title to the buses shall remain with the appellant, and since there is no claim against the appellant, its property cannot be attached on the application of a third party." ...... Dhaka Bank. Upon receipt of the shipping documents from the negotiating bank, Dhaka Bank effected full payment under the Letter of Credit. The said buses reached Chittagong Port in June, 2000, but before the appellant could release the buses from the customs authority the respondent No.1 filed Mo......aka Bank nor released the buses from the customs authority upon payment of port dues and customs duties. In such situation the respondent No.1 believes that the respondent No. 2 misappropriated the money and as such, the respondent No.1 filed the suit. 3. The defendants-respondent Nos. 2 and ..Category: Business or Commercial Law | Date: | Hits: 142
Monowara Begum and others Vs. M.A. Siddique and other, 2008, 37 CLC (AD)
....ot rehearing of the matter. There is no cogent ground for review of the impugned judgment. The review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 387. ......ot represented-the Respondents. Civil Review Petition No. 91 of 2008. (From the judgment and order dated 16th September, 2007 passed by the Appellate Division in Civil Petition for Leave to Appeal No.315 of 2006) Judgment &nbs...... No. 12 who entered into an agreement with the plaintiff No.1 to sell the suit land on 8.1.1987 at a consideration of Tk. 60,000/- and a sum of Tk.5,000/- was paid by the plaintiffs as earnest money and subsequently Tk. 44,060/- was paid out of balance consideration money and after rece..Category: Property Law | Date: | Hits: 27
Md. Matiur Rahman Vs. Md. Shah Alam and others, 2007, 36 CLC (AD)
....ns of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed with cost of Tk. 10,000.00. Ed. This Case is also Reported in: VI ADC (2009) 385. ...... Nawab Ali, Advocate-on-Record-For the Petitioner. Nurul Islam Chowdhury, Advocate-on-Record-For Respondent No.1 None represented- For Respondent Nos. 2-3 Civil Petition for Leave to Appeal No. 391 of 2006. (From the judgment and order dated the 14th March, 2006 ......riod of six years with a yearly rental of Tk. 1,15,000.00 and after obtaining lease he was given delivery of possession vide Memo No. 237/2 dated 17.04.2004; that after the lease he duly paid lease money for 1411 and 1412 B.S.; that during the subsistence of his lease the respondent No.2 without..Category: Property Law | Date: | Hits: 25
Md. Kamal Uddin Akand Vs. Artha Rin Adalat and others, 2008, 37 CLC (AD)
....within 7.9.03 but he failed. 3. The defendant filed written statement on 19.08.04 contending that the suit is bad for want for cause of action and also for want of statements of accounts and claim of the plaintiff is based on false and fictitious claim. The suit was fixed an 15.9.04 f....... Lawyers Involved: S.N. Goswami Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 936 of 2007. (From the judgment and order dated 20.3.2007 passed by t......there 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) 383. ..Category: Civil Law | Date: | Hits: 95
Abu Taher & another Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)
.... Division upon correct Assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 381. ...... Mahbubey Alam, Senior Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioners. Zainul Abedin, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.454 of 2007. (From the judgment and order dated 06.02.2007 passed by t......lease of .03 ¼ acre of land by the Government and subsequently the said area was increased by .04 ¼ acre. Their further case is that they were ready to pay the requisite licence/lease money in respect of the case land but the respondents did not accept any rent from the writ petitio..Category: Property Law | Date: | Hits: 26
Kazi Abdul Hoque Vs. Md. Baharuddin and others, 2008, 37 CLC (AD)
....ssions of the learned Advocate for the petitioner have got no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 370. ......dvocate (Abul Kalam Mainuddin, Advocate with him) instructed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No.1 Not represented- Respondent Nos.2-7. Civil Petition for Leave to Appeal No. 1003 of 2007. (From the judgment and order dated 21-05-2006 passed by......e Daily Azadi, inviting applications from the interested persons for the allotment of residential plots. The petitioner made an application on 16.09.2000 with a deposit of Tk.1,50,000/- as security money through Social Investment Bank Ltd. Agrabadh Branch, Chittagong. As per Rule 7(2) of the Chi..Category: Property Law | Date: | Hits: 28
City Bank Limited Vs. M/s. Oscar Fashionwear Ltd. and others, 2008, 37 CLC (AD)
....made garments against those import L/Cs against corresponding export L/C's worth U.S.$ 10,36,012.17 and the said amount being in excess to the tune of US$ 1,39,552.20 of the permissible amount, the claims of the plaintiff against the import L/Cs could be met; it is usual practice that after...... Lawyers Involved: A.K.M. Mesbahuddin, Senior Advocate, instructed by Zahirul Islam, Advocate-on- Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 444 of 2007. (From the judgment and order dated 24.8.20......shown debited in the said Account but the same has not been credited in the C.D Account and there are other defects in the said Statement of Account and so the plaintiff is not entitled to get any money from the defendants. 4. The trial Court after hearing, dismissed the suit. On appeal t..Category: Civil Law | Date: | Hits: 106
Md. Abdul Motaleb Sarker and others Vs. Md. Laskar Ali and others, 2008, 37 CLC (AD)
....y held that the suit as framed is not maintainable. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 361. ......dul Huq, Advocate-on-Record-For the petitioners. Bivash Chandra Biswas, Advocate-on-Record-For Respondents No.2. Not represented- Respondent Nos. 1, 3-10. Civil Petition for Leave to Appeal No. 665 of 2006. (From the judgment and order dated 12.03.2006 passed by ......Custobai Mouza runs counter to the interest of the people of the Union Parishad concerned. Over and above the purported shifting of the office of the Union Parishad will require huge amount of money from the public exchequer. The present office of the Union Parishad at Amanta Mouza is best ..Category: Property Law | Date: | Hits: 32
Md. Nurul Islam Sarker Vs. Deputy Commissioner, Gazipur and others, 2002, 31 CLC (AD)
....th October, 1998. The respondent No.1 by the letter dated 5th November, 1998 instead of granting licence directed the appellant to refrain from exhibition of motion picture film since respondent No.3 claimed himself to the Managing Director of the Cinema Hall and as such an enquiry would be held to ......ave, as against the judgment and order dated 30 January, 2000 by a Division Bench of the High Court Division passed in Writ petition No. 3737 of 1998 discharging the Rule. The Rule mentioned herein before was issued to examine the legality of the officer Order dated 19th November, 1998 of the office......g had misappropriated the income of the Cinema Hall and that having managed to auction purchase the Cinema Hall in a Certificate Case, he cancelled the agreement and that and forfeited, the earnest money. It was also the case of the respondent No.2 that appellant having had defaulted in the fulfil..Category: Civil Law | Date: | Hits: 128
Mozharul Islam Chowdhury, Advocate Vs. Dilip Kumar Roy and others, 2005, 34 CLC (AD)
....pugned judgment of the High Court Division are set aside. In the result, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 150. ......; Syed J. R. Mudassir Husain CJ.- This appeal, at the instance of decree-holder-appellant, has arisen out of leave granted on 24lh August. 2003 in civil petition for leave to Appeal No. 1122 of 2002 which was preferred by the appellant against the judgment and......he decree, the appellant filed Title Execution Case No.20 of 1986 for getting the sale deed registered and possession of the suit property through Court, after depositing the balance consideration money in Court. The trial Court having considered the facts and circumstances and the legal process..Category: Property Law | Date: | Hits: 31
Sonali Bank Vs. Quaderia Publications and Products Limited and others, 2002, 31 CLC (AD)
....of the outstanding. 4. The respondent company filed necessary application for waiver and deposited more than 10% of the outstanding dues. It paid the interest amount before making the claim but the management credit committee of the Bank refused to allow the 75% waiver. On 11.4.1994...... Not represented- Respondent Nos. 2 & 4. Civil Petition for leave to Appeal No. 511 of 2000. Judgment &nbs......gality in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 148. ..Category: Banking Law | Date: | Hits: 100
Md. Nazrul Islam & ors. Vs. Bangladesh, 2008, 37 CLC (AD)
....eing totally dependent on their salary income, they were compelled for dire necessity of life to approach the Court for permission to draw some termination benefits without prejudice to their legal claim for reinstatement. By an order dated 21-10-2003, the High Court Division was pleased to ...... of 2005.) Abdur Rob Chowdhury, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent No. 1. (In Civil Petition Nos.1419-1424 of 2005) Civil Petition for leave to Appeal Nos. 1317-1321 of 2005. (From the Judgment and Order dated June 28, 200......sion does not suffer from any legal infirmity. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 141. ..Category: Employment/Service Law | Date: | Hits: 64
Sohrab Ali Molla (Md) and others Vs. Md. Ataur Rahman Talukder and others, 2009, 38 CLC (AD)
....ecree failing which the decree for partition was to be maintained. 5. On appeal being Title Appeal No.53 of 1994, the appellate Court upon consideration of the evidence on record refused the claim of the benami as raised by the defendant Nos.1 and 2 and held that the aid of section 4 of t......itioners. Md. Azizul Haq Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For Respondent No. 1. Not Represented —Respondent Nos. 2-20. Civil Petition for Leave to Appeal No. 56 of 2008. (From the judgment and order dated 13th March, 2007 passe......rt Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 103. ..Category: Property Law | Date: | Hits: 49
Binapani Kandu Vs. Chairman, Vested and Non-Resident Property, 2009, 38 CLC (AD)
....n affirming the judgment of the Courts below. We find no merit in these petitions which are accordingly, dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 101. ......rshid Alam Khan, Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioner (In both cases). Not Represented—Respondents (In both cases). Civil Petition for Leave to Appeal Nos. 61 and 62 of 2008. (From the judgment and order 3-10-2007 passed by ......he same and the price having been fixed at Taka 3,000 (Taka three thousand) a sum of Taka 1,500 (one thousand five hundred) only had been paid to Sukumar Bose by the said Raj Kumar Kundu as earnest money in the year 1952 and the possession of the suit property was handed over to the vendee by th..Category: Property Law | Date: | Hits: 23
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