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Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
....is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ......Chowdhury. There is no evidence on record that at the relevant time i.e. March 9, 1939 Tofazzal Hossain had any source of income of his own and out of which he had capacity of making payment of the amount about which the scribe of the Ext.1 deposed, it may also be mentioned it was the contention ......because of the relationship between the vendor and vendee low price, as in the case of Ext.1, can not be the ground for holding that the transaction was a benami one, that payment of consideration money as regard the transaction made by the Ext.1 has been proved by Ext.8, the deposition of the s..Category: Property Law | Date: | Hits: 67
Alhaj Sona Ullah Vs. Aminur Rahman, Sec, Min. of Work, BD Secretariat, DHK & ors., 2005, 34 CLC (AD)
....sed on correct interpretation of law and we do not find any cogent reason to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. ......portedly under section 93(A)(a) of the above Act was issued for acquisition of the said land for the aforesaid purpose but the above notice was not served upon the petitioner and a very small amount of money, on the basis of preliminary assessment, was paid to the petitioner which her recei......nder section 93(A)(a) of the above Act was issued for acquisition of the said land for the aforesaid purpose but the above notice was not served upon the petitioner and a very small amount of money, on the basis of preliminary assessment, was paid to the petitioner which her received on pro..Category: Property Law | Date: | Hits: 33
Shabbir Ahmed Chowdhury Vs. State, 2006, 35 CLC (AD)
....find any legal grounds of quash the proceeding and as such the impugned order does not suffer from any error. The petition is found to be without any substance and is thus dismissed. Ed. ...... which they were liable to pay a sum of TK. 11,57,430.70/- as income tax but they on the eve of releasing the goods paid a sum of TK. 1,47,2000/- as income tax thereby deprived the government of an amount of TK. 10,10,236.70/- and thus as a result of commission of forgery and using the forg......find any legal grounds of quash the proceeding and as such the impugned order does not suffer from any error. The petition is found to be without any substance and is thus dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 57
Mohammad Junayed Quader Vs. Artha Rin Adalat No.4, Dhaka and others, 2005, 34 CLC (AD)
....ed with as prayed for. Stay granted earlier be further extended till hearing of the appeal The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......spondent No.3 opposes the petition submitting, inter alia, that in a duly held auction the respondent No.3 contested the bid and being the highest bidder already deposited 25% of the bid money amounting to Tk.1,51,75,000/- and as a result of dilatory tactics adopted by the petitioner the sai......ated dates and the date of sale was lastly shifted to 01.12.2003 when the respondent No.3 offered Tk. 6.07,00,000/- which was accepted by the court and the said respondent deposited 25% of the bid money and at that stage the petitioner challenged the impugned order and so the sale could not..Category: Civil Law | Date: | Hits: 94
Monzur Murshed Vs. Humayun Majid, 1995, 24 CLC (AD)
....e facts and it apparently made a mistake of fact in coming to the conclusion that the appellant was a defaulter. The appeal is therefore allowed without any order as to costs. Ed. ......e facts and it apparently made a mistake of fact in coming to the conclusion that the appellant was a defaulter. The appeal is therefore allowed without any order as to costs. Ed. ....... Coming to know from some sources in January, 1982 that the suit premises was released in favour of the respondent the appellant sent the rents from November, 1981 to January, 1982 by postal money order to the plaintiff-respondent which however returned undelivered. The appella..Category: Property Law | Date: | Hits: 33
Md. Aslam Khan Vs. Haji Abdur Rahim and others, 2006, 35 CLC (AD)
.... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ...... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ......in question, that though in the kabala value of the land has been mentioned Tk. 1,00,007 but in fact the market price of the land in suit is Tk. 100,000/-, that the plaintiff has never received any money in connection with the alleged kabala from the defendant Nos.1-5, that the deed was never act..Category: Property Law | Date: | Hits: 35
BRDB and others Vs. Md. Idris Ali Akond and others, 1998, 27 CLC (AD)
....fication for making an order of remand as prayed for which will be a ceremony too idle to be permitted. In the result, the appeal is allowed without any order as to cost. Ed. ......own and publication in the official gazette. The plaintiff resorted to various malpractice and corruption for his personal gain in contravention of official procedure. He misappropriated huge amount of money and also committed the offence of insubordination and misconduct for which spe......ublication in the official gazette. The plaintiff resorted to various malpractice and corruption for his personal gain in contravention of official procedure. He misappropriated huge amount of money and also committed the offence of insubordination and misconduct for which specific char..Category: Employment/Service Law | Date: | Hits: 73
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ......of intent along with other relevant papers to the petitioners. The petitioners having been convinced on the effect of the issuance of the letter of intent by the Bangladesh Bank, paid further amount of Tk.4,85,00,000.00 (Taka four crore eighty five lac) to respondent No.3 for the shares and ......ction whatsoever with the Bank. The petitioner No.1 had no locus standi to file this application. The petitioner No.2 took 1, 00,000 shares of Tk. 100.00 each of respondent No. 1 and kept the share money in the Motijheel Branch of Export Import Bank of Bangladesh Limited (hereinafter referred to..Category: Banking Law | Date: | Hits: 185
Sekander Ali Howlader and others Vs. State, 1997, 26 CLC (AD)
.... their sentence is reduced to the period already undergone by each of them. The sentence of fine will remain. The accused-appellants may be released from their respective bail bonds. Ed. ......i Inspector IRDB, Barisal in their above capacity managed a fund of TK. 30,000/- From Chairman K.T.C.C.A. Ltd. Kotwali Upazila for distribution amongst the farmers of the said Sanity. The said amount was issued by cheque Number 004688 dated 30.5.1981, deposited in account Number C.C. 56 Sona......ely lenient considering the offences committed by the accused. Dr. Kamal Hossain, learned Counsel for the appellants, has submitted that a compassionate view has been taken in this case because the money which was allegedly misappropriated had already been returned. He submits that the accus..Category: Criminal Law | Date: | Hits: 44
S.M. Redwan Vs. Md. Rezaul Islam, 2004, 33 CLC (AD)
....counsel of the petitioner merit consideration. Leave is granted. Preparation of paper book is dispensed with as prayed for. The Petitioner is permitted to add additional grounds. Ed. ......advance of Tk. 10,00,000/- executed a Bainanama in favour of the petitioner and proforma respondent No. 4 on 21.9.1998 with an undertaking to execute the regular sale deed on receipt of the balance amount of the consideration money but subsequently, after investigation, it was found that the afo......xecuted a Bainanama in favour of the petitioner and proforma respondent No. 4 on 21.9.1998 with an undertaking to execute the regular sale deed on receipt of the balance amount of the consideration money but subsequently, after investigation, it was found that the aforesaid land does not belong ..Category: Criminal Law | Date: | Hits: 50
Md. Akbor Hossain and others Vs. Md. Safiruddin and others, 2005, 34 CLC (AD)
.... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ...... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ...... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ..Category: Property Law | Date: | Hits: 27
Mst. Jahanara Khatun Vs. Md. Nurul Islam, 2006, 35 CLC (AD)
....ereinabove the contentions, so made, in our view, are of no merit. In view of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with costs. Ed.......urchased the possession of the suit shop rooms on payment of Tk. 3,00,000/-. 11. The provision of section 10 of the Ain prohibits the practice of receiving any premium, salami, security or any amount similar or akin to the same for letting out any premises and renewal of the tenancy or for ......rting business, but has observed that plaintiff is not entitled to get back the possession of the premises in suit on the flimsy ground of bonafide requirement since she upon receiving good amount of money as advance handed over possession of the premises in suit and thereby she voluntarily forfeite..Category: Tenancy Law | Date: | Hits: 180
Serjuddowla Sowdagor Vs. Administrator of Waqf & others, 2004, 33 CLC (AD)
....cordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ......cordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ......e and also challenging legality of inclusion of property in the 2nd schedule of the plaint as Waqf Property and that defendant Nos. 1 and 2 (respondent Nos. 3 and 4 herein) have no right to receive money of Mazar Sharif. 5. The suit of the respondent Nos.3 and 4 was dismissed and the suit..Category: Trust/Waqf Law | Date: | Hits: 190
Mahabubul Goni Vs. State, 2005, 34 CLC (AD)
....ion made above we do not find that the High Court Division committed any error in the decision in discharging the rule. Hence the leave petition having no merit is dismissed. Ed. ......accused petitioner was one of the directors of the company who acted as the Managing Director of the company since 1977 and during tenure of the office of the accused petitioner he showed the total amount of calls received as on 02.07.1995 as TK. 1,00,00,000/- (one crore) and that during audit by......ace and forty thousand) and that the accused petitioner being the Managing Director of the company was entrusted with the property of the company who dishonestly misappropriated the company's money and/ or made false statement in the annual return. 7. On the face of such statement mad..Category: Criminal Law | Date: | Hits: 29
Golden Re-Rolling Ind. Ltd Vs. Sub Judge, Artha Rin Adalat No. 1 Dhaka & anr, 2008, 37 CLC (AD)
....do not find any cogent reason to take a different view in the instant case. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 38. ......hat the respondent No. 2 filed Title Suit No. 112 of 1997 against the writ petitioner for realisation of Taka 4,93,05,248.16 and for sale of the mortgaged properties for realisation of the decretal amount. The writ petitioner filed written statement denying the allegations made in the plaint. Th......do not find any cogent reason to take a different view in the instant case. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 38. ..Category: Civil Law | Date: | Hits: 115
National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)
....eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ......en owners for leasing out the Balumohal and the said proposal was not accepted and the Ministry of Land also rejected the proposal of the Tea Garden owners for leasing out the Balumohal for a token amount and in the background of the aforestate of the matter the government invited tender for lea......eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 43
Harun-or-Rashid (Md.) Vs. Pubali Bank Ltd. and others, 2008, 37 CLC (AD)
....accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ......civil revision and not writ petition was maintainable against an interlocutory order passed by Artha Rin Adalat. 2. Respondent No. 1, Pubali Bank Limited, disbursed certain amount of loan to the appellant for construction of commercial building (Supermarket) in Chuadanga ......accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ..Category: Banking Law | Date: | Hits: 157
Md. Salahuddin Khan Vs. Most. Halima Akhter Khatoon and others, 2008, 37 CLC (AD)
....ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ......of being wasted in as much as 'Ka' schedule properties are mortgaged with Arab Bangladesh Bank and 'Kha' schedule properties are mortgaged with House Building Finance Corporation, both against huge amount of loan, and those loans have not yet been repaid and the defendants are also setting up new......ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 36
Belal Hossain Vs. Kazi Jane Alam & others, 2007, 36 CLC (AD)
....the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in:......the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in:......, 110, Motijheel C/A. Dhaka in addition to other grounds. The contention is that the opposite party No. 1 took loan of Tk. 25 lacs from the said Branch of Janata Bank on condition to repay the entire money in 10 years time at a monthly installment of Tk. 41,250/- but did not repay the said loan and ..Category: Election Law | Date: | Hits: 162
Md. Ujir Biswas and another Vs. Md. Karim Box Sardar & others, 2008, 37 CLC (AD)
.... 8. The learned advocate for the petitioner could not point out legal infirmity in the judgment of the High' Court Division. 9. Accordingly, the leave petition is dismissed. Ed. ...... 8. The learned advocate for the petitioner could not point out legal infirmity in the judgment of the High' Court Division. 9. Accordingly, the leave petition is dismissed. Ed. ......nding, inter alia, that Bodiullah had 8 annas share in 'Ka' schedule land and he was sole owner of 'Kha' schedule land and he orally gifted his entire share to his wife Bittah Bewa in lieu of dower money and delivered possession to her. Bittah Bewa transferred her entire share i.e. suit land to ..Category: Property Law | Date: | Hits: 39
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