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Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)
.... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ......ossession of the suit land to the plaintiff and in the said agreement it was stipulated that the defendant No. 1 shall get back the possession of suit land in case of his refund of the advance amount of Taka 25,000 within the month of Chaitra 1386 BS and in default, the defendant No. 1 shall......it for specific performance of contract the onus lies heavily on the person whose title arises subsequent to the contract to sell and he must prove that he is a purchaser for value and has paid the money in good faith and without notice of the original contract…….(14) Cases ..Category: Property Law | Date: | Hits: 41
Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)
....mity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ......mity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ......the suit land along with other lands for rehabilitation of refugees coming from India and the relief and rehabilitation authority allotted the said land to refugees and also sanctioned loan of cash money to them for constructing house on the allotted land on certain conditions which, amongst oth..Category: Property Law | Date: | Hits: 37
Nurjahan Begum Vs. State, 1989, 18 CLC (AD)
....ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ......tatements, written or verbal, of relevant facts made by a person who is dead, or who cannot be found, or who has become incapable of giving evidence, or whose attendance cannot be produced without an amount of delay or expense which under the circumstances of the case, appears to the Court unreaso......ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ..Category: Criminal Law | Date: | Hits: 50
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
....for making complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ......ion of respondent No.4). Respondent No.4 deposited a sum of Tk.1,17,108.56 on 9.11.1985 being the first instalment of the consideration money and had also deposited first instalment of arrear rents amounting to Tk. 91,000/-on 2.11.1985. Respondent No. 4 asserted that the school is a bona fide pu......ter dated 1.11.84 (Annexure VII to the affidavit-in- opposition of respondent No.4). Respondent No.4 deposited a sum of Tk.1,17,108.56 on 9.11.1985 being the first instalment of the consideration money and had also deposited first instalment of arrear rents amounting to Tk. 91,000/-on 2.11.1985...Category: Property Law | Date: | Hits: 32
Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)
..... In view of the discussion made above we find no way but to dismiss these appeals. 17. In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ......nce and therefore a decision on the merit as to the plaintiffs' title cannot be deferred until surrendering possession as in the cited case. It was also argued that the plaintiffs' had purchased paramount title in the suit property from the original landlords and Sadananda Ghose had not acquired ......rds had threatened to evict them from the suit land whereupon they attorney to the said landlords or paid rent to them except that they purchased the suit land when the landlords being in .need of money offered to sell it to the plaintiffs. There being no evidence at all in support of the p..Category: Property Law | Date: | Hits: 106
Mahbubur Rahman Vs. State, 2005, 34 CLC (AD)
.... made on behalf of the petitioner we do not find any ground to lay our hands. There being no substance in the petition, the said leave petition is dismissed. Ed. This Case is also Reported in: ......lowing the appeal in part modifying the sentence of Rigorous Imprisonment of 7 (seven) years under sections 409 and 467 of the Penal Code to run concurrently instead of consecutively and reducing the amount of fine of Tk. 40,000/- from Tk. 1(one) lac in default to suffer Rigorous Imprisonment for 3(...... made on behalf of the petitioner we do not find any ground to lay our hands. There being no substance in the petition, the said leave petition is dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 50
Md. Nurul Amin Vs. Md. Ismail and other, 2006, 35 CLC (AD)
....) months. The petitioner is permitted to add additional grounds. However, the proceedings before the lower Court below shall continue in accordance with law. Ed. ...... trawler was given to ownership of respondent No. 1 for its necessary rearing words stipulating the payment of repeating costs at TK. 8,00,000/- and the respondent No.1 was to get a bill of the said amount from the petitioner as repairing costs. Petitioner's further case was that since his f......proceeds of the fishes. 3. The further case of the petitioner was the when after proper accounting of the business transaction it was found that the respondent No.1 failed to invest the money as required for his becoming 30% share holder then the said percentage of share was reduced t..Category: Property Law | Date: | Hits: 31
Mohammad Salim Ahmed @ Md. Salim Miah Vs. State, 2006, 35 CLC (AD)
....nd order of conviction. We in facts and circumstances do not find any reason to interfere with the impugned judgment and order. The petition having no substance is dismissed. Ed. ......nd order of conviction. We in facts and circumstances do not find any reason to interfere with the impugned judgment and order. The petition having no substance is dismissed. Ed. ......ying them and that the miscreants put him into a ditch when he refused to hand over the key and then they snatched away the key and thereafter looted away TK. 95,000/- along with a bag wherein the money was kept and on the basis of aforesaid allegation said Md. Farooq Hossain lodged First I..Category: Criminal Law | Date: | Hits: 52
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2006, 35 CLC (AD)
....without any order as to cost. The impugned judgment and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. ......ich he was also asked by the Upazila Praukausali by its letter dated 18-02-2002 to immediately start the work but the appellant did not do so and thereby he was a defaulter of the outstanding amount of TK.20,000/- Mr.Chowdhury therefore argued that in such view of the matter provision of Se......der the Provision of Section 7(2) of the Ordinance. He argued that in the instant case admittedly a fund of Tk. 50,000/- was provided by the Upazila Development and Co-ordination Committee from the money obtained by leasing out the bazar and it is mandatory to spend 15% of the money obtained by s..Category: Election Law | Date: | Hits: 108
Abdul Mannan alias A. Mannan Vs. Mosammat Nurbanu & another, 2006, 35 CLC (AD)
....pports the evidence of P.Ws 1 and 2 strongly. We find no infirmity in the Judgment and order of the High Court Division. Accordingly, the criminal leave petition is dismissed. Ed. ......he marriage the informant lived with the accused petitioner peacefully for few days and thereafter the accused petitioner demanded dowry to TK. 10, 000/- and asked the informant to fetch the above amount from her mother. Then the mother of the informant, who is a poor lady, assured the petitione......pports the evidence of P.Ws 1 and 2 strongly. We find no infirmity in the Judgment and order of the High Court Division. Accordingly, the criminal leave petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 38
Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)
....rcumstances was well justified to interfere with the same in revisional jurisdiction. For the reasons and discussions above the appeal is allowed without any order as to costs. Ed. ......rcumstances was well justified to interfere with the same in revisional jurisdiction. For the reasons and discussions above the appeal is allowed without any order as to costs. Ed. ......laintiff that he (defendant No. 2) earlier on 19.09.1969 executed a sale deed in respect of the same land in favour of the defendant No.1 but the kabala was not acted upon as the consideration money was not paid and this very fact was mentioned in the kabala dated 23.04.197..Category: Property Law | Date: | Hits: 35
Government of Bangladesh Vs. Kamrul Hasan, 2006, 35 CLC (AD)
....into consideration the basic fact that appointment of the respondent was cancelled in public interest. Accordingly the appeal is allowed with cost of Tk.30.000/- (twenty thousand). Ed. ......ssfully. By a notification dated 19.6.1994 the President appointed the respondent as Economic Counsellor of the said Embassy. By the order dated 29.6.1994 Government sanctioned to the respondent an amount of Tk. 4, 73,360/- for travelling and other incidental expenses for himself and his family ......efore cancelling his appointment, he was not given any opportunity of being heard. He made representation but without any result. Thereafter by the Memo, dated 20.8.1994 he was asked to deposit the money released to him earlier for travelling and other incidental expenses. Respondent deposited Tk..Category: Administrative Law | Date: | Hits: 123
Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
.... 16. In view of the above we do not find any substance in the submission of the learned Counsel for the appellants. The appeal is dismissed without any order as to costs. Ed. ......y estoppel inasmuch as the plaintiff could reasonably expect that all other formalities accepting the execution of the deed in question in favour of the plaintiff on acceptance of the consideration amount was only left to be performed between the parties instead the defendant-appellant resorted t......t No. 5, Executive Engineer, P.W. D., that the Valuation Committee had determined the value of the suit property and the plaintiff as per Government policy expressed his willingness to pay/deposit money as per valuation determined by the Valuation Committee. The plaintiff was advised by th..Category: Property Law | Date: | Hits: 41
Md. Abu Hanif Mia and others Vs. Kad Banu and others, 2006, 35 CLC (AD)
....ry who was not a co-sharer landlord of Delduwar Zaminders. Accordingly the appellate court below on consideration of the material evidence and the facts and circumstances of the case held that the whole story of pattan of the plaintiff is unreliable, based on some papers which were mere paper tr...... 7 or Ext. 7(a) and it is not a document for settlement of land. The appellate court below further observed that neither in the plaint nor in the evidence of P.W.1 it was stated as to what was the amount of rent fixed for settlement of the suit land to the plaintiff. The court of appeal below fu......body and no jama has been fixed in Ext. 7. The court of appeal below on perusal of Exts.7 (a) and 7(b) held that the Ext. 7(b) is not a pattani likhan, but it appears to be a receipt for deposit of money through one Rajab Ali Sikder, for an area of land measuring 2.09 acres of land. The appellate..Category: Property Law | Date: | Hits: 34
Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)
....ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ......question is not abandoned property and as such Respondent Nos. 1 and 2 are required to hand over possession of the property to the Respondent No.3, that the appellant owe to the Respondent No.3 an amount of Tk. 12,70,00,0007-, that when the property in question was taken over as abandoned proper......of the Abandoned Property Authority treating the Corporation's property in question and other properties as abandoned property and in that state of the matter the appellant prayed for return of the money but the same was not returned to the appellant. The appellant as allottee having had not pai..Category: Property Law | Date: | Hits: 38
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2006, 35 CLC (AD)
....has quite legally filed the suit impleading the defendant Nos. 3 and 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ...... 3. It is the case of the Bank that allotted consignment of fertilizer was not delivered to the authorized officer of the Bank by the fertilizer factory and that the Bank could not realize the amount of the Bank draft. 4. The Respondent Nos. 1 and 2 (defendant Nos. 3 and 4) entered a......c tons of fertilizer to the defendant Nos. 1 and 2, they obtained loan from the Bank upon hypothecation pledge of the said fertilizer and the Bank facilated the said defendants to utilize the loan money on the basis of their agreement of purchase with defendant Nos. 3 and 4. 9. It appears..Category: Banking Law | Date: | Hits: 129
University of Rajshahi Vs. Md. Abdul Mannan Bhuiyan and others, 2006, 35 CLC (AD)
....have no respect for the ethics and values of the profession. In the background of the aforesaid discussions the petition for leave to appeal is dismissed with cost of Tk. 15,000/-. Ed. ......have no respect for the ethics and values of the profession. In the background of the aforesaid discussions the petition for leave to appeal is dismissed with cost of Tk. 15,000/-. Ed. ......section of the society, otherwise in very near future person having respect for ethics and values would choose to be away from the education institutions financed by the State out of the tax papers money and by that the education institutions would be happy home of the persons who have no respect..Category: Civil Law | Date: | Hits: 97
Alauddin Bhuiyan (Md) Vs. State, 2008, 37 CLC (AD)
....nd the allegations leveled against him. 7. In view of above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. ...... Md Alauddin Bhuiyan had been working as Nazir of Tarail Upazila Revenue Office (AC land's office) in the year of 1987, he received lease money from the different lease holders and auction purchasers amounting to Taka 1, 31,262 for the year 1394 BS against several OCR's, but deposited only Taka 6,......osecution case, in short, is that while the accused appellant, Md Alauddin Bhuiyan had been working as Nazir of Tarail Upazila Revenue Office (AC land's office) in the year of 1987, he received lease money from the different lease holders and auction purchasers amounting to Taka 1, 31,262 for the ye..Category: Anti-Corruption Laws | Date: | Hits: 90
Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)
....trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ......ther Subodh Chandra Lashkar was critically injured and he succumbed to the injuries inflicted by the dacoits. It was also the case of the prosecution that the dacoits looted away gold ornaments, cash amount and clothes, that the inmates of the house raised alarm and thereupon the villagers approache......trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ..Category: Criminal Law | Date: | Hits: 63
Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)
....lt, therefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120.......lt, therefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120.......after execution of work done as a contractor by the elected chairman it can be said that he had pecuniary interest in the affairs of the Upazila Parishad. It was observed- "A bill for payment of money on account of some work done is not payable as a matter of course, but it requires to be exami..Category: Election Law | Date: | Hits: 134
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