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Md. Anwar Hossain Vs. Government of Bangladesh, 2004, 33 CLC (AD)
....sion, we find no substance in the submissions of learned Advocate. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 12. ......royed. By such fraudulent act, the. Government incurred loss of about Taka 1 crore. Some national dailies also published the story of false destruction of raw materials and misappropriation of huge amount of money. On the basis of said report the Assistant Collector held an inquiry on 07.01.1993 ......such fraudulent act, the. Government incurred loss of about Taka 1 crore. Some national dailies also published the story of false destruction of raw materials and misappropriation of huge amount of money. On the basis of said report the Assistant Collector held an inquiry on 07.01.1993 and the p..Category: Criminal Law | Date: | Hits: 41
Peninsular Shipping Service Ltd. Vs. M/s. Faruque Paint & Varnish Manufac. Co Ltd. 2006, 35 CLC (AD)
....re are merits in the appeal. The appeal is therefore allowed. The impugned Order is set aside. Parties do bear their respective costs. Ed. This Case is also Reported in: 12 MLR (AD) (2007) 1. ......lant reiterated the submissions advanced earlier and submits, inter alia, that the High Court Division committed error in admitting the appeal when the respondents did not deposit 50% of the decretal amount within the period of limitation as prescribed under the law and the deposit so made after the...... A of the plaint of Title Suit No. 35 of 1996 renumbered as Title Suit No. 261 of 1999 and the borrower defaulted in repaying the loan and so the aforesaid bank filed the above suit for realizing the money and obtained a decree of Tk. 1,45,61,562/- and the decree holder bank instituted Execution Cas..Category: Civil Law | Date: | Hits: 132
A.F.M. Wahid Shahjahan Vs. Subordinate Judge , 3rd Court Dhaka & or, 2007, 36 CLC (AD)
.... of the discussion made hereinabove we find no merit in the petition. 14. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 203. ......e order to sell the mortgaged property. 3. It appears from the materials on record that defendant No.1 of Money Suit No. 113 of 1983/59 of 1992 approached the bank for loan and thereupon an amount of Tk.14,00,000/- was sanctioned on March 15, 1996 and on May 15,1978 loan amount was enhanc......the particulars of the heirs of the deceased defendant No.3 (the said defendant has been impleaded as respondent No.4 in the writ petition). 2. The plaintiff Pubali Bank filed the aforesaid money suit for a decree of Tk. 78,11,629.36 with interest at the rate of 20% per annum till realiza..Category: Civil Law | Date: | Hits: 105
Md. Dewan Ali Vs. Md. Jasim Uddin and others, 2008, 37 CLC (AD)
.... The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 73; 13 MLR (AD) 2008, 198; V ADC (2008) 320. ......, O.P.W.2, refused to purchase the case land and pressed for refund of his mortgage money of tk. 8,000/- by Saleha Bibi through O.P.W.2 Mohammad Ali. Accordingly Saleha Bibi refunded the aforesaid amount of mortgage money to pre-emptor Md. Jasimuddin and sold the case land to pre-emptee Md. Dewa...... Begum in the month of Agrahayan 1397 B.S. mortgaged the case land for Tk. 8,000/- to the pre-emptor Jasimuddin on the basis of an unregistered agreement on condition that on re-payment of the said money the pre-emptor Md. Jasimuddin would restore possession of the case land to her. Later on, Sal..Category: Property Law | Date: | Hits: 32
Nazrul Islam Vs. State, 2007, 36 CLC (AD)
....ision rightly discharged the Rule, as there is no ground for quashing the proceeding. 9. The leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008 184. ......ule. 2. Short facts are that F.I.R. was lodged against the accused petitioner alleging, inter alia, that the accused petitioner along with co-accused committed offence by misappropriation of amount of Tk.7,00,000/- by issuing a false F.D.R. The F.I.R, was lodged by Senior Principal Officer......ision rightly discharged the Rule, as there is no ground for quashing the proceeding. 9. The leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008 184. ..Category: Criminal Law | Date: | Hits: 29
Mokbul Hossain Howlader Vs. State, 2007, 36 CLC (AD)
....law and procedure. 12. In view of the above, we find substance in the appeal. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 181. ...... receipt of TK.1, 65,000.00 from the complainant on condition of sending the complainant to America and also agreeing that if he failed to send the complainant to America he would refund the entire amount of TK. 1,65,000.00 at a time to the complainant. But the accused neither did send the compla......pon that the remaining taka would be paid after getting visa and confirmation of ticket. But the accused did not send the complainant to America as per that agreement. The complainant demanded his money back but the accused was killing time on flimsy grounds. On 08.10.1995 the accused executed a..Category: Criminal Law | Date: | Hits: 42
Ameena Ahmed Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)
....s and circumstances of the case we find no merit in this petition which is accordingly dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 113; 13 MLR (AD) 2008, 171. ...... 6. At the time of purchase of those lands by the petitioner and his other co-sharers those were low lying area, ditches and barren land. The petitioner and her other co-sharers had to spend huge amount of money for the development of those low lying, ditches by filling with sand, viti sand, co......e time of purchase of those lands by the petitioner and his other co-sharers those were low lying area, ditches and barren land. The petitioner and her other co-sharers had to spend huge amount of money for the development of those low lying, ditches by filling with sand, viti sand, cowdung,&nbs..Category: Property Law | Date: | Hits: 31
Dewan Shamsul Abedin, Mutwalli of Dewan Aftebur Reza Chy Waqf Estate Vs. BD, 2007, 36 CLC (AD)
....ns of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 118; 13 MLR (AD) 2008, 163. ......ent and order of the High Court Division disposing the civil rule on the finding about legality or illegality of possession arid direction to float fresh Tender in collaboration with the petitioner amount to prejudging the First Appeal and rendering the First Appeal infractuous; that the High Co......r of Madhya Bazar Union Fishermen Co-operative Society Limited, Dharmapasha at a consideration of Tk. 1,80,000.00. The said Society vide D.C.R. No. 33785/15 dated 17.07.2005 deposited no the lease money for the year of 1412 B.S, for that reason the present petitioner filed this injunction petiti..Category: Property Law | Date: | Hits: 50
Mohammad Ali alias Shanu Vs. The State, 2007, 36 CLC (AD)
....od of sentence. 17. Accordingly, with the above observation regarding the period of sentence the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 121. ......od of sentence. 17. Accordingly, with the above observation regarding the period of sentence the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 121. ......accused Mohammad Ali alias Shanu paid TK.50, 000.00 to P.W.2 Abdul Hye, for employment of his elder brother in Saudi Arabia but the said Abdul Hye neither sent him in Saudi Arabia nor returned his money and to get rid of such liability Abdul Hye in collaboration with Abu Taher, Abul Kashem and A..Category: Criminal Law | Date: | Hits: 40
Md. Sirajul Islam Vs. State, 2007, 36 CLC (AD)
....irmity in the judgment of the High Court Division calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 118. ......irmity in the judgment of the High Court Division calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 118. ...... the prosecution was called upon to establish the same by calling witnesses. It was the defence of the convict that the prosecution case was false and that as subsequently he had deposited the entire money said to have been misappropriated by him the prosecution case against him was not a legally we..Category: Anti-Corruption Laws | Date: | Hits: 111
Md. Wali Miah and others Vs. Musammat Halima Begum and others, 2004, 33 CLC (AD)
....as not been able to prove his case and as such we find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 116. ......as not been able to prove his case and as such we find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 116. ......o. 2 agreed to take the land in mortgage for his daughter, defendant No. 1 at a consideration of Tk. 5,000/-. It was agreed that the defendant No.1 would reconvey the land on payment of consideration money. Accordingly plaintiff was taken to Sub-Registrar's Office by the defendant No.3, brother of t..Category: Tenancy Law | Date: | Hits: 174
Md. Sirajul Haq Vs. Md. Abdul Halim and another, 2007, 36 CLC (AD)
....the discussion made above, we do not find any merit in this petition. The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 114. ......iled a written statement stating, inter alia, that he was not a sub-tenant but according to trade practice at Mymensingh Town possession of rented premises could be made over on payment of lump sum amount and the defendant No. 2 was thus a purchaser of possession of the suit premises and thus be......the discussion made above, we do not find any merit in this petition. The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 114. ..Category: Property Law | Date: | Hits: 31
Md. Rezaul Ahsan Vs. Salamat Miah Wakf Estate, 2007, 36 CLC (AD)
....we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 110. ......y is to be set aside. That the High Court Judge was wrong in holding that the respondent No.1 alleged to take TK. 500-1000 from the hotel for which the petitioner did not maintain any account for the amount and it was unbelievable despite the fact the respondent No.1 in his written objection filed i......ceipt as usual and thereby misunderstanding cropped up between the plaintiff and the defendant No.1 in respect of rent receipt and that the defendant No.1 was compelled to send rent for two months by money order. The plaintiff was not available at his residence during the time when the money order w..Category: Tenancy Law | Date: | Hits: 184
Md. Atiqullah Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....cle 104 of the Constitution, the Respondent No.1 is directed to pay within 60 days Tk.6, 38,797.63 to the appellant. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 41. ......mpt proceedings can be drawn against the opposite parties. In that case it was further held that the Arbitrator does not exercise a judicial function in course of inquiry or investigation into the amount of compensation although he is expected to act within judicial norms. It was further held th......tor in Review Arbitration Misc. Case 16 of 1991 that the Arbitrator in the judgment held that land acquired in the same L.A. case in respect of the same and other adjoining mouzas the compensation money was assessed at a higher rate and the petitioner was entitled to that rate. In this view of t..Category: Property Law | Date: | Hits: 27
Gopal Das Soni and another Vs. Government of Bangladesh and others, 2002, 31 CLC (AD)
....quite in accordance with law and suffers from no infirmity and illegality. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 69. ......ainable class of land. It is also seen from the Judgment of the High Court Division that compensation roll in respect of the land in suit was prepared as back as in 1962 upon assessing considerable amount of money and thereupon compensation roll has been published in the gazette. It is further s......ss of land. It is also seen from the Judgment of the High Court Division that compensation roll in respect of the land in suit was prepared as back as in 1962 upon assessing considerable amount of money and thereupon compensation roll has been published in the gazette. It is further seen from th..Category: Property Law | Date: | Hits: 27
ASF Rahman and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....for grant of leave in this case or to interfere with the ultimate decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 61. ......nt of the said instalment. On 4 January 1998 AB Bank wrote to the guarantors about the default bringing to their notice that as per condition of Bangladesh Bank (respondent No. 1), entire outstanding amount became due and they were asked to arrange for adjustment of the entire outstanding amount of ......for grant of leave in this case or to interfere with the ultimate decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 61. ..Category: Banking Law | Date: | Hits: 139
Mariam and others Vs. Bangladesh, 1978, 7 CLC (AD)
....t for decision in accordance with law in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 247. ......ithin Gowainghat Tahsil in the District of Sylhet at annual rental of Taka 8000.00 for three years, that is, from 1361 B.S. ending with Chaitra 1363 B.S. The appellants paid three years rent amounting to taka 24,000.00 to the respondent and according to the customs and practice they kept t......t for decision in accordance with law in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 247. ..Category: Civil Law | Date: | Hits: 89
Master Abdul Aziz Vs. Abani Mohan Mukherjee and others, 1978, 7 CLC (AD)
....n the result the appeal stands dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 222. ......nt of the appeal as it could not sit on judgment of its own order nor it could review its order without any application for review on proper court fees. It was submitted that the order of abatement amount to a decree within the meaning of section 2(2) of the Civil Procedure Code or at least a fin......n the result the appeal stands dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 222. ..Category: Civil Law | Date: | Hits: 116
Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)
.... of the Government of the People's Republic of Bangladesh with effect from the morning of the 15th August, 1975. And whereas I placed, on the morning of the 15th August, 1975 the whole of Bangladesh under Martial Law by a declaration broadcast from all stations of Radio Bangla...... claim to administer justice in the abstract. Justice according to law is what is administered and law may not always necessarily be just. If the laws which this court administers does, therefore, amount to what is known as harsh or unjust legislation the court will still have to administer it. ......er the petitions have abated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207. ..Category: Constitutional Law | Date: | Hits: 307
Faridul Alam Vs. State and another, 2007, 36 CLC (AD)
.... clear that when a cheque is drawn by a person on an account maintained by him with the banker for payment of any amount of money to another person out of the account for the discharge of the debt in whole or in part or other liability is returned by the bank with the endorsement like (1) in this ca......nsaction between him and the accused petitioner and that on 4-9-2003 the petitioner handed over a cheque being cheque No.0080237 dated 5-9-2003 drawn on Jamuna Bank, Agrabad Branch, Chittagong for an amount of Taka 7,00,000 (seven lakh) in favour of the complainant and that on 15-9-2003 the complain......f the complainant and that on 15-9-2003 the complainant last presented the cheque in the bank for encashment but it has been dishonoured due to insufficient fund and then the complainant demanded the money from the accused serving him a legal notice and requested to pay the amount but to no effect. ..Category: Criminal Law | Date: | Hits: 138
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