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Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)
....iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ......iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ......t them and their contention was that Jahiruddin died of diarrhoea but that PW 3 Kashimuddin Ahmed falsely implicated them in this case with the help of his relations and others in order to extract money from them (accused party). 7. The trial was held with the aid of 4 assessors all of wh..Category: Criminal Law | Date: | Hits: 76
Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)
....hat the lessee will be entitled to plant trees on the bank of the tank and enjoy the usufruct thereof are indicative of the fact that the lease was for agricultural purpose. Reading the document as a whole and considering the purpose of the same, we hold that the lease in favour of the plaintiffs-re......further noticed in this case that the principle laid down in the decision reported in S DLR 82 did not apply to this case, in view of the fact that the symbolic possession taken in this case will not amount to an actual possession as the plaintiff was not a certificate debtor and was not a party to ......this second appeal has now become infructuous, as the appeal itself has now been disposed of. The Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:..Category: Civil Law | Date: | Hits: 137
Red Sun Limited & Others Vs. Uttara Bank, 1999, 28 CLC (AD)
....dants were absent from the country on the date of passing of the ex parte decree. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 256. ......d to prove by any evidence, i.e., passport, visa etc. that at the relevant time defendant No. 2 and his wife defendant No. 3 were staying abroad. It was also observed that the decree was for a big amount of money and no irregularity was found in obtaining the said decree. 4. The defendan...... Judgment: ATM Afzal CJ.- Plaintiff-respondent-Bank instituted Title Suit No. 40 of 1986 in the Court of Subordinate Judge, Narayangonj for recovery of money and realisation of securities from the defendant-petitioners. Summons were duly served upon t..Category: Civil Law | Date: | Hits: 115
Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)
....urchasers of land outside the acquired land. On 15-11-84 an inter-ministerial meeting was held with regard to the LA proceeding as above and it was decided, inter alia, that; (a) The whole areas under unauthorized possession of different persons and not under control of the PWD be......; (a) The whole areas under unauthorized possession of different persons and not under control of the PWD be dc-requisitioned in favour of the owners by realization of compensation amount received by them. The owners will in their turn get the land freed from the occupation of t......f 1948-49 but in the possession of unauthorised persons and not under the control of the public works department be de-requisitioned in favour of the original owners on realisation of compensation money received by them, if any. The said decision cancelled all previous decisions and accordingly ..Category: Property Law | Date: | Hits: 64
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
.... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221.......gh Court Division. It reads- “14A. That the plaintiff all the time disputed the claim of defendant No. 1 but they willfully did not disclose the actual fact that BTMC has already paid them full amount of loan/dues on account of Rahman Textile Mills Limited. So the auction sale dated 3-3-93 sub...... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221...Category: Property Law | Date: | Hits: 77
SM Anwar Hossain Vs. Md. Shafiul Alam (Chand) and another, 1999, 28 CLC (AD)
....ion for quashing summarily under a misconception. For the reasons this appeal is allowed and the impugned proceeding is quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 218. ...... complainant deposited the cheque on 23-12-95 in his account at Uttara Bank but the same was dishonoured on the same date, that on 24-12-95 the complainant sent a legal notice for payment of the said amount, that on receipt of the said notice the appellant in order to avoid payment fraudulently info......mplainant, that in connection with one of his works, the appellant requested the complainant to work as a Coordinator and a contract was executed, that the appellant took Taka 6,00,000.00 as security money from the complainant, that the appellant withdrew bills on several occasions but did not retur..Category: Business or Commercial Law | Date: | Hits: 145
Azizul Hoque (Md) Vs. State, 1999, 28 CLC (AD)
....bmission that the accused-petitioner’s role was that of a bona fide act performed without mens rea. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 216. ......e to the Court of the Magistrate and talked to the accused-petitioner and handed over Taka 3,093.00 to him for depositing the money in the certificate case. The accused-petitioner after accepting the amount prepared a recall order under section 248 of the Code of Criminal Procedure and gave a photoc......der section 466 he cannot again be convicted and sentenced under section 471 of the Penal Code…..(7) (ii) The accused-petitioner’s conduct is certainly a criminal misconduct because receipt of money from Nurun Nahar and consequent making of a fresh recall order “without approval of the conc..Category: Anti-Corruption Laws | Date: | Hits: 73
Commissioner of Customs, Mongla Customs House & ors Vs. SARC Enterprise, 1999, 28 CLC (AD)
....he ends of justice will be sufficiently met if the impugned order is modified by substituting the personal guarantee. In other words, the writ-petitioner will have to furnish bank guarantee for the whole amount of the difference if it wants to clear the goods in terms of the interim order on pay...... of justice will be sufficiently met if the impugned order is modified by substituting the personal guarantee. In other words, the writ-petitioner will have to furnish bank guarantee for the whole amount of the difference if it wants to clear the goods in terms of the interim order on payment of......er stands modified accordingly. This petition is disposed of upon condonation of delay in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 165. ..Category: Business or Commercial Law | Date: | Hits: 155
Latifa Akhter and others Vs. State and another, 1999, 28 CLC (AD)
.... High Court Division is not sustainable in law. Consequently, the appeal is allowed and the proceedings are quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 159. ......mplainant requested Appellant No. 1 to deposit the entire sale money to the bank as per direction of the Court but Appellant No. 1 refused to do so and thereby fraudulently misappropriated the said amount. 3. On the basis of the said complaint the Upazila Magistrate, Rupganj took cognizan......n 24-7-91 for disposal of the property of the minors by suppressing the truth and practicing fraud upon the Court. The Court permitted the transfer and directed appellant No. 1 to deposit the sale money to the bank with a further direction to deposit the cheque book before the Court. After obtai..Category: Criminal Law | Date: | Hits: 69
State Vs. Md. Minhazuddin Khan, 1999, 28 CLC (AD)
....ays. The reasons shown for condonation of such delay are also far from satisfactory. The petition is therefore dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 142. ......-respondent Minhazuddin Khan, ex-accountant of that office would deal with that fund and PW 1 Muslimuddin as the Cashier of that Office used to deal with the money of repair grant. On 30-6-78, an amount of Taka 15,000.00 was deposited in that account and since then accused Minhazuddin and PW Mu......inally made for contingent fund. Accused-respondent Minhazuddin Khan, ex-accountant of that office would deal with that fund and PW 1 Muslimuddin as the Cashier of that Office used to deal with the money of repair grant. On 30-6-78, an amount of Taka 15,000.00 was deposited in that account and s..Category: Criminal Law | Date: | Hits: 59
Shajib (md) and others Vs. Md. Abdul Khaleque Akand and another, 1999, 28 CLC (AD)
....he impugned judgment of the High Court Division suffers from no illegality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 119. ......) Hosne Ara Begum being armed with various lethal weapons and assaulted Hosne Ara Begum and other inmates of the house and destroyed banana trees, mango trees and coconut plants and took away cash amount of Taka 12,000.00. On the above allegations the learned Magistrate took cognizance of the of......he impugned judgment of the High Court Division suffers from no illegality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 119. ..Category: Criminal Law | Date: | Hits: 61
....l of Other Suit No. 68 of 1992 is illegal and not called for in the facts of the present case.
Both the petitions are dismissed.
Ed.
This Case is also Reported in: 51 DLR (AD) (1999) 116.
......l of Other Suit No. 68 of 1992 is illegal and not called for in the facts of the present case.
Both the petitions are dismissed.
Ed.
This Case is also Reported in: 51 DLR (AD) (1999) 116.
......on in the executing court under Order 21 rule 90 of the Code of Civil Procedure. The said application was rejected upto the Appellate Division. Thereafter, the executing court passed an order staying money Execution Case No. 5 of 1992 till disposal of Other Suit No. 68 of 1992. Again, the auction pu..
Category: Property Law | Date: | Hits: 85
Abul Hossain and 3 others Vs. Bangladesh, 1999, 28 CLC (AD)
.... permissible in law. The review petitions therefore merit no consideration. The petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 116. ......the conclusion. Review may be granted only for sufficient grounds akin to those of Order 47, rule 1 of the Code of Civil Procedure. To permit a review on the ground claimed by the petitioners will amount to rehearing of the matter and our sitting on appeal over our own judgment, which is not per...... permissible in law. The review petitions therefore merit no consideration. The petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 116. ..Category: Property Law | Date: | Hits: 69
Elias(Md) Vs. Jesmin Sultana, 1999, 28 CLC (AD)
....the mind of the Subordinate Courts and the people at large. With these observations, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 99. ......he matter. 2. The trial Court decreed Taka 60,000.00 as prompt dower, Taka 4,500.00 as maintenance allowance and further Taka 500.00 per month for the same purpose. On appeal, however, the amount of prompt dower was reduced to Taka 40,000.00 whereupon the respondent took a revision, Civi......the mind of the Subordinate Courts and the people at large. With these observations, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 99. ..Category: Family Law | Date: | Hits: 158
Bangladesh Shilpa Rin Sangstha Vs. Azir Uddin Chowdhury, 1998, 27 CLC (AD)
....t all relevant considerations in such a matter. Consequently, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 96, 18 BLD (AD) 144.......aka 2,060 million) and Taka 6 lac in local currency was sanctioned to the respondent-company. The respondent, it is alleged, despite repeated requests and reminders did not liquidate the dues/overdue amounting to Taka 25,567 million. 4. The respondent instituted Money Suit No.5 of 1994 against t......rtha Rin Adalat No.2, Dhaka under Article 33 of the BSRS Order of 1972 against the respondent for attaching certain properties mentioned in the schedule to the application and for realisation of loan money. On 25-8-95 the appellant published a Notification in the daily Inqilab for selling in auction..Category: Business or Commercial Law | Date: | Hits: 124
SM Monirul Islam Vs. MV You Bang, 1999, 28 CLC (AD)
....dant-respondent’s surveyor. In that view of the matter, we do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 90. ......ons and do not in any way circumscribe the discretionary jurisdiction of the Admiralty Court either to reduce or enhance the bank guarantee for release of the ship arrested in a suit claiming damages amounting to more that Taka ten crore by the plaintiff while defendants surveyor opined that the dam......iled the aforesaid admiralty suit praying for arrest of the said vessel and to take into and hold in custody of the Marshal of the Admiralty Court as security for payment of Taka 10,91,41,259.00, the money claimed in the suit. The plaint was admitted on 24-12-98 and the Admiralty Court ordered arres..Category: Admiralty Law or Maritime Law | Date: | Hits: 235
Brahmanbaria Pourashava Vs. Secretary, Ministry of Land Reforms, 1999, 28 CLC (AD)
....lared to have been made without lawful authority. This appeal is allowed accordingly without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 84; 1999 BLD (AD) 87. ......lared to have been made without lawful authority. This appeal is allowed accordingly without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 84; 1999 BLD (AD) 87. ...... acquired a vested right in the land in question by way of long possession after extending the road and building blocks which were let out to the displaced shopkeepers and depositing the compensation money with the Government in favour of the owner. 5. Respondent Nos. 1 and 2 resisted the writ p..Category: Property Law | Date: | Hits: 63
Bina Rani and another Vs. Shantosh Chandra Dey, 1999, 28 CLC (AD)
...., the impugned judgment and decree of the High Court Division are set aside and those of the trial Court are restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 81. ......, the impugned judgment and decree of the High Court Division are set aside and those of the trial Court are restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 81. ...... Benami Transaction (i) The well-settled principle of law is that in deciding a question of benami transaction the court should take into consideration (i) the source of consideration money (ii) nature and possession of the property after the alleged transaction (iii) motive, if any..Category: Property Law | Date: | Hits: 75
BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)
....vidence from parties. In the result, the appeal is disposed of in the above terms without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 71. ......e Safety Department also investigated into the accident and by a report dated 10-12-85 found the defendants guilty of negligent and rash driving of their oil tanker. The plaintiffs claimed a total amount of Taka 2,01,62,716.70 against the defendants. 3. The defendants in their written s......vidence from parties. In the result, the appeal is disposed of in the above terms without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 71. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 187
Habibul Islam Bhuiyan President Supreme Court Bar Association, 1999, 28 CLC (AD)
....inister should take more caution and care before giving out any fact and figure in respect of the performance of the highest judiciary merely relying upon newspaper report which often found not to be whole or holy truth………(9) v) The Court expected more circumspection, understandding, discre......Prime Minister, at a Press Conference held in the Gana Bhaban on 29 January, 1999 on her return from India. 2. It has been alleged in the application, inter alia, that the said statements clearly amount to contempt of Court of the highest degree because she knew well that such statements will cr......ch have been alleged to be contumacious. For the reasons, however, the application is disposed of with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 68. ..Category: Others | Date: | Hits: 99
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