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Major (Retd.) Rafiq Hasan Faruq Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... order as to cost. The office is directed to communicate the Judgment at once to the concerned executing Court (Respondant No. 3). Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 281. ......ondant No. 3). Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 281. ......age, lease or sale: Provided that all monies payable under such mortgage, lease or sale shall be paid, not to the judgment-debtor, but save in so far as a decree-holder is entitled to set-off such money under the provisions of rule 72, into Court:. Provided also that no mortgage, lease or sale..Category: Banking Law | Date: 16 May, 2011 | Hits: 179
Tofail Ahmed Vs. State, 2010, 39 CLC (HCD)
....cerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 363. ...... 2. The facts leading to the issuance of this Rule, in brief, is that on 17-06-2002 one Kazi Samsul Islam, Inspector (Task Force-1) Bureau of Anti-Corruption, Bangladesh, Dhaka had lodged a First Information Report (FIR) with Motijheel Police Station alleging, inter alia, that in the course of enq......eal crores of Taka earned by him through dishonest means, while he was in charge of the Ministry of Industries, and with intent to frustrate the apprehended possibility of forfeiture of the said money. Mr. Tofail Ahmed has got a portion of the said money tactfully removed, by way of telegraphic..Category: Anti-Corruption Laws | Date: 15 May, 2011 | Hits: 211
Government of Bangladesh and Others Vs. Md. Gias Uddin Chowdhury and Others, 2011, 40 CLC (AD)
....e was a public announcement on 27th January, 2007 in the locality that the writ petitioners would be evicted from that property by demolishing the constructions. 4. Appellants contested the petition claiming that the writ petitioners constructed the buildings by encroaching the land of Military Est......Joarshahara, Dhaka Cantonment in the High Court Division by a writ petition. According to the writ petitioners, by different deeds they acquired title and possession of .6855 acre of land out of the aforesaid three plots and constructed four multi storey buildings under the name 'Chowdhury Kunjo'. I...... any order as to costs with the above observations. This judgment would govern both the appeals. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 1, 17 BLC (AD) (2012) 14, VIII ADC (2011) 879. ..Category: Property Law | Date: 15 May, 2011 | Hits: 100
Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)
....mmitted upon her? It is a unbelievable story. On the other hand she did not sustain any injury at the time of commission of rape. Even she did not sustain any injury on her private parts although she claimed to be a virgin girl of 12 years and rape was committed by adult persons who is aged about 55......hishu Nirjaton Domon Special Tribunal No.1, Dhaka convicting the convict petitioner under Section 9(1) of the Nari-0-shishu Nirjaton Domon Ain, 2000 and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Tk. 5,00,000/- in default to suffer R.I. for 5(five) years more in Nar......nd to Hatem Ali who is brother of accused Abul Hashem. She denied the defence suggestion that there was enmity over selling of the homestead land. She further denied the suggestion that they received money from Hashem through a Baina-nama for selling their homestead land to him. She had first came t..Category: Women and Children | Date: 15 May, 2011 | Hits: 95
.... dearth of a specific provision in a particular field to meet the demand of the day.
17. Thousand years ago, the writs or the royal commands were the prerogatives of the King alone who was the acclaimed fountain of justice. Those are called prerogatives, because, commands were issued either by ...... people of Bangladesh.
6. Article 11 within Part II of the Constitution stipulates that the Republic of Bangladesh shall be a democracy in which fundamental human rights and freedoms and respect for the dignity and worth of the human person, shall be guaranteed. These are not mere empty flowery......authorized, is maintained.
No order as to costs.
This Case is also Reported in:
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Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
.... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 357.......itioner. Sirajuddin Ahmed, Advocate - For the complainant opposite party no. 2. Criminal Miscellaneous Case No. 19057 of 2010 (An application u/s 561A of the Code of Criminal procedure, 1898 for quashment of the proceedings of the session case No. 1832 of 2009 u/s section 138 of the Negotia......ion 138(1) of the Negotiable Instruments Act. Section 138(1) of the Act contemplates that where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account is returned by the bank unpaid, either because of t..Category: Banking Law | Date: 12 May, 2011 | Hits: 251
Obaidul Kader (Md.) Vs. State, 2011, 40 CLC (HCD)
....e sheet is based wholly on the statement of Md. Habibur Rahman, who has admittedly received the money from 14 contractors as bribe and deposited an amount in his own Savings Bank Account and later on claimed that he has taken the bribe as he was asked to by the accused petitioner, then the ACC shoul......i No. “দুদক/১১৮-২০০৭(অনুঃ২)” it has been transpired that in between 1-1-1999 to 31-12-1999, while the accused petitioner was holding office as the Minister for State of the Youth, Sports and Cultural Affairs and also as the Chairman of National Sports Coun...... in the FIR who were engaged in the implementation of various projects and development works under the National Sports Council. It has further been stated in the FIR that the said amount of money, alleged to have been taken as bribe from the aforesaid contractors, was received in cash by o..Category: Anti-Corruption Laws | Date: 11 May, 2011 | Hits: 223
Rupali Bank Ltd. Vs. Sree Babu Jiban Kumer Shaha, 2011, 40 CLC (HCD)
.... of the country he could not repay the same. He further stated that he prayed for 15 installments to allow him to pay the loan amount after exempting him from payment of the interest of the loan. The claim of the bank is not correct, Tk. 1,53,412/- is not the proper claim of the bank, it is not the ......assed by the Subordinate Judge, Artha Rin Adalat, Sherpur decreeing the suit in part. 2. The appellant as plaintiff instituted Artha Rin Case No.14 of 1996 impleading the respondent as defendant for realization of Tk. 1,53,412/- as the principle amount along with interest and other charges. ...... allegations made in the plaint by the plaintiff and stated inter alia that he is a disable person. He used to run his business in a rented shop with a name and fame. To extend his business he needed money and applied to the bank to sanction a loan and accordingly a loan was sanctioned in his favour..Category: Banking Law | Date: 11 May, 2011 | Hits: 210
Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)
....the suit is barred by limitation. In elaborating his submission he took us through paragraph No.12 of the plaint and submitted that the shares are not in the hands of the plaintiff. She made her last claim on 20-11-1995 and instituted the suit on 26-8-1999 and, as such, the suit is barred by limitat......ck except when a distinction between stock and shares is expressed or implied. So, share is a movable property of the company having market value. By the amended prayer of the plaint it has been made for recovery of possession of shares. The shares got its market value. As per the statements made in......d new share certificate was issued in the name of the plaintiff. One of the Directors named Sarkum Ali and the plaintiff's husband were friends. b) The plaintiff's husband was in need of money for his business and requested Sirkum Ali to purchase/mortgage/lien of the shares and to provi..Category: Company Law, Procedural Law | Date: 8 May, 2011 | Hits: 9
Kyung Hae Maritime Co. Ltd. and others Vs. M.V. BF Glory and others, 2011, 40 CLC (HCD)
....e for realization of a sum of BD. Tk. 11,02,97,152.70 equivalent to U$ 15,90,442.76 to be realized from the principal-defendant jointly and severally. 3. The factual aspect of the plaintiff’s claim, inter alia, is that the plaintiff is a company incorporated in South Korea and engaged in shi......Bandar, Chittagong. 8. The Commissioner of Customs, Chittagong, Customs House P.S. Bandar, Chittagong. 9. The Deputy commissioner of Police, Chittagong Port, P.s. Bandar, Chittagong……Proforma-Defendants With BIZ & SHIPPING CO., Ltd. RM 1021, Byuksan Kwanghwamunsidae b/d ......xecuting the ship management agreement with the defendant No.2. This P.W.2 further admitted that the plaintiff has an agreement with the Kysco, Shipping Co., Ltd., and as such the plaintiff is asking money from the said company, the defendant no. 2, and also stated that although he has not filed any..Category: Admiralty Law or Maritime Law | Date: 4 May, 2011 | Hits: 70
Hossain Md. Rajib Vs. State, 2011, 40 CLC (HCD)
....-3-2010 and allow the appeal. With this observation the appeal is allowed and the ad interim bail granted earlier is affirmed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 447.......tion 11(Ga)/ 30 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (amended 2003), now pending in the Court of learned Judge, Nari-o-Shishu Nirjatan Daman Tribunal, Brahmanbaria, rejecting the application for bail of the accused appellant. 2. The fact relevant for disposal of the appeal, in short, i......wry out of which they paid Taka 2,00,000 for the sake of peace and tranquility in between husband and wife and once again the appellant demanded Taka 6 lakhs as dowry. On her failure to pay the dowry money he was tortured and on the date of occurrence i.e. on 26-3-2010 at about 6-00 PM all the accus..Category: Women and Children | Date: 2 May, 2011 | Hits: 171
M/S. Ace Traders Vs. M. V. DIJENDRALAL and Others, 2011, 40 CLC (HCD)
....-1993 to issue a non-delivery certificate which was denied with a advise that the same may be filed before the customs authority or to the local agent of the carrier. Thereafter, the plaintiff raised claim for compensation for Tk. 18, 30,800.00 to the defendant No. 3, the local agent of the defendan......., Foreign Exchange Branch 9-G, Motijheel Commercial Area, Dhaka-1000…...Principal-Defendants. 9. Deputy Collector of Customs, Customs Excise, vat and Land customs, Khanpur, Narayanganj.......Proforma-Defendant. 10. M/S. Atlas shipping Lines Limited, Hadi Mansion, 9th floor, 2, Dilkusha Comm......eged, inter-alia, that the defendant No. 8 opened the L/C in favour of the supplier-exporter, the defendant No. 6 being L/C No. RB/SEMR/92/210, dated 3-12-1992 for which the plaintiff paid the margin money amounting to Tk. 5,40,000.00 through the plaintiff C.D. A/C No. 1223 maintained with the defen..Category: Admiralty Law or Maritime Law | Date: 27 Apr, 2011 | Hits: 64
Altaf Hossain and another Vs. State, 2011, 40 CLC (HCD)
....persons including the appellants under section 4 and 9 of the Cruelty to Women (Deterrent Punishment) Ordinance read with schedule 4 (b) of the Special Powers Act to which they pleaded not guilty and claimed to be tried. 4. The prosecution examined eleven witnesses in support of its case. Afte...... Cruelty to Women (Deterrent Punishment) Ordinance, 1983 while convicting appellant No.2 under section 4 (b) of the said Ordinance and sentencing them thereunder to suffer rigorous imprisonment for ten years with a fine of Taka five thousand for each in default to suffer rigorous imprisonment ......nd her husband had obstructed them, they beat her and her husband causing swelling injuries on different places of their bodies. They also snatched away her ornaments, saris, lather suitcase and cash money. She and the members of her family raised alarm, hearing which the witnesses rushed to the hou..Category: Women and Children | Date: 17 Apr, 2011 | Hits: 159
Padma Oil Company Limited Vs. Md. Abdus Samad and others, 2011, 40 CLC (AD)
....exed with the petition and argued that in the absence of issuance of letter of indent or work order, and before making any communication of approval for filling station, the writ-petitioner can not claim any right for supplying fuel to his proposed filling station, as such, the High Court Divisi......ucted by Md. Zahirul Islam, Advocate-on-Record-For the Petitioner. Shamem Khaled Ahmed, Advocate, instructed by Abu Siddique, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.670 of 2011. Judgment Surendra Kumar Sinha J. - This petition at......ons but the writ-petitioner did not comply with those conditions. 6. True, no letter of indent was issued in favour of the writ-petitioner and the writ-petitioner also did not deposit security money and performed other formalities as required to be observed as indicated in annexure-B. On per..Category: Others | Date: 7 Apr, 2011 | Hits: 7
Md. Jahir Uddin and others Vs. Md. Molin Ali and others, 2011, 40 CLC (HCD)
....ondal and not executed or registered on 10.2.1969. Therefore, there is no existence of any sale deed being No. 2494 dated 10.2.1969 executed by Forman Ali. Contesting defendant Nos. 6-12 also did not claim his (Forman Ali’s) land, and as such it has been proved that the plaintiffs were in possessi......stant Judge, Gobindaganj, Gaibandha in Other Class Suit No.8 of 1997 decreeing the suit. 2. Facts leading to this civil revision are that the petitioners instituted Other Class Suit No.8 of 1997 before the Assistant Judge, Gobindaganj, Gaibandha for declaration of title and recovery of possession...... dated 23.11.2004 passed by the Assistant Judge, Gobindaganj, Gaibandha in Other Class Suit No.8 of 1997 is maintained. Send down the lower Court records. Ed. This Case is also Reported in: ..Category: Property Law | Date: 31 Mar, 2011 | Hits: 68
ATM Qamuzzaman Khan Vs. State and another, 2011, 40 CLC (HCD)
....with section 109 of the Penal Code, 1860 against the appellant and Md. Atiq Ullah Khan Masud. The charge was duly read over to accused Md. Atiq Ullah Khan Masud and to which he pleaded not guilty and claimed to be tried. But the charge could not read over to the appellant ATM Qumruzzaman Khan as he ......15 According to section 15 of Building Construction Act, 1952 if any person is aggrieved by any order passed by any authorised officer under section 3 of the said Act, he/she can prefer appeal before the person designated or authority within 30(thirty) days. In the instant case no one went to t......d to by any quarters at any stage. 42. From the evidences it appears that no criminal offence has been disclosed against the appellant in respect of allegation of misappro-priation of any public money for his personal gain or made any allegation that by abusing his official power he had created..Category: Criminal Law | Date: 29 Mar, 2011 | Hits: 3
Uniroyal Securities Ltd. Vs. Commissioner of Taxes, 2011, 40 CLC (HCD)
....any order as to cost. The Registrar of the Supreme Court is directed to take necessary steps under section 162 of the Ordinance. Ed. This Case is also Reported in: 63 DLR (2011) 676. .......................................Respondent Judgment March 21, 2011. Case Referred to- Desh Petroleum Service Co. Ltd Vs. Commissioner of Taxes, Zones-5, 12 MLR 48. Lawyers Informed: Rafique-ul-Huq, Senior Advocate with Ms Nazmus Saliheen, Advocates —For the appli......rized under Section 19 of the Ordinance. (underlings are mine) 15. Section 82(C) (5) runs as follows: "Where an assessee, while explaining the nature and source of any sum, investment, money, valuable article, excess amount of expenditure referred to in section 19, takes into account ..Category: Fiscal/Taxation Law | Date: 21 Mar, 2011 | Hits: 123
GK Brothers and another Vs. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)
....ee are sustainable in law? 12. Let us take up issue No. i, ii, iii and iv together for consideration and decision:— The plaintiff respondent has examined only one witness to prove his claim. We have gone through the evidence of P.W.1. It is to be noted here that the instant suit bein......ecree dated 2-11-1996 passed by the learned Sub-ordinate Judge, 3rd Court, Chittagong in Other Suit No. 100 of 1995 decreeing the suit. 2. The respondent as plaintiff instituted the suit seeking for the following relieves; এতএব বাদী নিম্নমতে প্রার্থ...... Nos. 1 and 2's transferor entered into a contract on 17-8-1970 with the plaintiff of the instant suit for purchase of the suit land at Taka 3, 30,000 out of which Taka 31,000 was paid as earnest money. The defendant Nos. 1 and 2 procured Income Tax Clearance Certificate on 24-12-1970 and t..Category: Civil Law, Procedural Law | Date: 20 Mar, 2011 | Hits: 2
Maulana Mohammad Shamsul Huq and others Vs. Abu Taher and others, 2011, 40 CLC (AD)
....plot No.2687 from Bhabani Charan Laha by registered kabuliyat dated 29.01.1943. So Biadhan Bia was the owner of 6½ decimals of land of this plot No.2687. In this suit both the contesting parties are claiming the suit land from Biadhan Bia. The plaintiffs have claimed that Biadhan Bia sold out 6 ½ ......arch 20, 2011. Lawyers Involved: Abdur Razzaq, Senior Advocate instructed by Mrs. Mahmuda Begum, Advocate on Record-For the Petitioners Not represented-the Respondents Civil Petition for Leave to Appeal No.1450 of 2009. (From the judgment and order dated 12.05.2009 passed by the H......efore the alleged date of execution of the said kabala. The appellate Court took into consideration the fact that though according to the plaintiff’s case Sirarjul Islam paid the full consideration money to Biadhan Bia in the year 1950 when talk for sale allegedly took place, but the kabala was ex..Category: Property Law | Date: 20 Mar, 2011 | Hits: 84
Chunnu Vs. State, 2011, 40 CLC (HCD)
....icting and sentencing the Appellants. In the result, both the appeals are dismissed. Send down the lower Court record. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 127 ......ash;For the State in both the Appeals [Jail Appeal No.1293 of 2004] Criminal Appeal No. 4714 of 2004 with Jail Appeal No. 1293 of 2004. Judgment Sheikh Hassan Arif J. - Since both the aforesaid appeals have been preferred against the same judgment, they are taken together for hea......ceased fell down on the western side of his shop and he himself saw the killing. He again deposed that the family of the deceased was a rich family and he denied that he gave evidence in exchange for money. He further denied defence suggestion that the place of occurrence could not be viewed fr..Category: Procedural Law | Date: 15 Mar, 2011 | Hits: 6
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