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Reazuddin Ahmed (Md) Vs. State and another, 1996, 25 CLC (AD)
....on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ......tion 406 of the Penal Code. On the face of the judgment of the courts below it is clear that both the trial court as well as the appellate Court failed to consider as to whether a loanee for the loan amount can be charged for criminal breach of trust at the instance of the loaner. On behalf of the a......t nor the same have been proved during trial and as such the appellant’s conviction under section 406 of the Penal Code has caused serious miscarriage of justice. Mr. Islam further submits that the money alleged to have been received by the appellant from the complainant as loan upon execution of ..Category: Criminal Law | Date: | Hits: 78
Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)
....45,000.00 in the year 1964 and that he had raised the level of the low land at a cost of Taka 10,000.00 and that also in assertion of his ownership and the circumstances revealed in the plaint as a whole all point to the fact that there was a clear assertion of title by adverse possession by the ......sion, although on different reasonings. In the result the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 426, 49 DLR (AD) (1997) 61 ......endant No. 1 Hemanta Kumar Arang being the owner in possession of the said land entered into a contract with him for sale of the same for a consideration of Taka 45,000 and on receipt of an earnest money of Taka 4000.00 executed a bainapatra on 15 January, 1953 stipulating that he would execute ..Category: Property Law | Date: | Hits: 72
Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)
....ure, 1898 (Act V of 1898), and he may issue a warrant for levying the decretal amount due in the manner provided in that Code for levying fines, and may sentence the judgment debtor, for the whole or any part of the decretal amount remaining unpaid after the execution of the warrant to i......stituted Family Suit No. 35 of 1988 in the Family Court (Senior Assistant Judge, Sadar, Comilla) claiming dower and maintenance from the defendant-respondent. The suit was decreed on 13-6-89 for an amount of Taka 1,77,575.00 Taka 1, 75,000.00 as dower and Taka 2,575.00 for maintenances for the pe......ave is whether a family court has power under sub-section (5) of section 16 of the Family Courts Ordinance 1985 (Ordinance No. XVIII of 1985, briefly, the Ordinance, to direct payment of any money to be paid under a decree passed by it during execution proceeding. The High Court Division h..Category: Family Law | Date: | Hits: 144
Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)
....d without lawful authority and be of no legal effect. There will, however, be no order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 94, 49 DLR (AD) (1997) 48 ......nt that the learned Judges observed that the earlier writ petition filed by the appellant against the original order of redemption had abated after the promulgation of Martial Law in 1982 and this amounted to a discharge of the Rule in the said writ petition. Reference was then made to Paragraph......t No. 4 to effect that the appellant would enjoy the usufruct the land for 5 years with effect from first Ashar 1371 BS to Agrahayan 1376 BS and if the respond could return the entire consideration money to appellant within the next 2 years starting from month of Poush 1376 BS to the month of Agr..Category: Property Law | Date: | Hits: 88
Kamrul Hasan Vs. Bangladesh and others, 1997, 26 CLC (AD)
....having already been decided by this Division, the petition does not merit consideration and accordingly, it is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 44 ......oner’s prayer to stay operation of memo No. ERD/ Ba-5 (153) Misc. 34 dated 28.9.94 pending disposal of the said AT Case, whereby he has been directed by the respondent to repay certain amount of money. 2. Petitioner’s case in short, is that he is the Director (Finance......;s prayer to stay operation of memo No. ERD/ Ba-5 (153) Misc. 34 dated 28.9.94 pending disposal of the said AT Case, whereby he has been directed by the respondent to repay certain amount of money. 2. Petitioner’s case in short, is that he is the Director (Finance), Mukti J..Category: Administrative Law | Date: | Hits: 149
Mobarak Ali and others Vs. Mobaswir Ali and others, 1997, 26 CLC (AD)
....s under section 245(1) of the Code of Criminal Procedure. For the foregoing reasons, the appeal is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 36 ......s under section 245(1) of the Code of Criminal Procedure. For the foregoing reasons, the appeal is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 36 ......t on 7-11-86 against the accused- respondents alleging, inter alia, that on 6-11-86 at about 7-00 AM the informant with a view to purchasing ration articles for his shop came out of his house with money in his pocket. Accused respondents being armed with deadly weapons by forming an unlawful ass..Category: Criminal Law | Date: | Hits: 68
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....rs in a representative capacity. The Sangbadpatra Parishad Case was decided on the facts of that case and that is how it should be read. 40. We now proceed to say how we interpret Article 102 as a whole. We do not give much importance to the dictionary meaning or punctuation of the words “an......case. 8. The liberal interpretation given to the expression “any person aggrieved” in the judgments of my learned brothers, in my opinion, approximates the test of or if the same is capsulised amounts to, what is broadly called, ‘sufficient interest’. Any person other than an officious in......unciated in Kazi Mukhlesur Rahman’s case were not departed from. It was observed that the Parishad was not espousing the cause of a downtrodden and deprived section of the community unable to spend money to establish its fundamental right and enforce its constitutional remedy. The indication was t..Category: Constitutional Law | Date: | Hits: 450
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
....udge, 1st Court. Dhaka is allowed and Title Suit No.142 of 1986 is restored to its original file and number. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 205. ......tax clearance certificate from the relevant authority and liquidating all other liabilities in respect of the suit property. On different pretext those defendants, received on June 4, 1976 further amount of Taka 1,00,000.00 and again on September 13,1979 Taka 1,00,000.00 and lastly, on October 3......udge, 1st Court. Dhaka is allowed and Title Suit No.142 of 1986 is restored to its original file and number. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 205. ..Category: Property Law | Date: | Hits: 76
Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)
....ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ...... Ice plant at Barkamta under Debidwar Police Station, Comilla applied for loan from Bangladesh Krishi Bank, Monoharpur Branch, Comilla against pledge of goods. Bangladesh Krishi Bank sanctioned an amount of Taka 30 lakh, which was repaid by respondent No.1 with interest in full. Respondent No.1 ......2,646.50 along with expenses being the claim of Bangladesh Krishi Bank. The General Certification Officer, Comilla issued notices in the certificate cases demanding payment of the aforesaid sum of money from respondent No.1 within 30 days from the date of receipt of the notice and directed the c..Category: Business or Commercial Law | Date: | Hits: 150
Abdus Sattar Vs. State and another , 1998, 27 CLC (AD)
....n has rightly refused the prayer for quashment of the proceeding. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 187. ......nt returned to Bangladesh accused No. 1 (the petitioner) and accused No.2 persuaded the complainant to make over Taka 3,00,000.00 which he had with his brother-in-law and also 5 cheques for a total amount of Taka 4,00,000.00 holding out hopes that they would run a fish business in Saudi Arabia wh......e Code of Criminal Procedure, 1898 (V of 1898), Section 179(c) The allegation of obtaining signatures of the complainant in blank papers at Jeddah and in pursuance of such Act withdrawal of money from Bank in Bangladesh attracts jurisdiction of Bangladeshi competent Court to take cognizan..Category: Criminal Law | Date: | Hits: 79
Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)
....lsquo;all income’ of an individual, it is what reaches the individual as income which it is intended to charge. In the present case the decree of the court by charging the appellant’s whole resources with a specific payment to his step-mother has to that extent diverted his income ......n favour of the BPC under a Government decision before it became an income in the hands of the appellant, the principle of diversion of income by over-riding title is fully attracted. The disputed amount never reached the appellant as its income.………………&h......ccasion of his Addya Sradh and also the costs of taking out probate of his will. The executors paid Rs.5,537.00 for Sradh expenses and Rs.1,25,000.O0 for probate duty and claimed deduction of this money to determine the assessable income. Their Lordships of the Judicial Committee observed: ..Category: Fiscal/Taxation Law | Date: | Hits: 97
Rafique (Md) Vs. Syed Morshed Hossain and another, 1998, 27 CLC (AD)
....n rightly quashed the proceeding. We find no merit in the petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 163. ...... The Code of Criminal Procedure, 1898 (V of 1898), Section 561A The petitioner paid money to the accused for business purpose. The accused respondent never denied to repay the balance amount to the petitioner. No allegation of initial deception has been alleged in the F.I.R. The lea...... Judgment November 3, 1996. The Penal Code, 1860 (XLV of 1860), sections 406/420 The Code of Criminal Procedure, 1898 (V of 1898), Section 561A The petitioner paid money to the accused for business purpose. The accused respondent never denied to repay the balance..Category: Criminal Law | Date: | Hits: 88
Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
....wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ......tary of the Unnayan Parishad communicated the decision of the Railway Administration to transfer 12 acres of land in favour of the Unnayan Parishad on payment of Taka 35,000.00 per acre, the total amount being Taka 4,20,000.00. Accordingly the plaintiffs deposited the entire amount through separ......wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ..Category: Administrative Law | Date: | Hits: 130
Ranu Begum and another Vs. Kazi Liakat Ali and others, 1997, 26 CLC (AD)
....cate that the said discretion was properly exercised by him. This petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 142. ...... fraudulent and not binding on them. After the institution of the suit they made an application for temporary injunction restraining defendant Nos. 1 and 2 from taking any step to realise the said amount from them. The learned Assistant Judge thereupon issued a shoe cause notice to the said defe......cate that the said discretion was properly exercised by him. This petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 142. ..Category: Procedural Law | Date: | Hits: 109
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
....s. The interim order, in his submission, the product of a total non-application of mind. He further submits that is making the interim order the High Court Division granted the writ petitioner the whole relief and he has nothing more to ask for. After taking release of his imported vehicles he c...... where denial of interim relief will lead to public mischief, grave irretrievable private injury or shake a citizen’s faith in the impartiality of public administration. But short of these paramount considerations, interim order should not be made when it causes administrative burdensome i......pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ..Category: Criminal Law | Date: | Hits: 119
Khandoker Saiful Islam Vs. State, 1997, 26 CLC (AD)
....o other point has been urged. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ...... informant party was carrying on or was about to carry on an assault of such nature. Carriage of weapons by the two sides, established by evidence, saddle the accused persons with disproportionate amount of armed preparation. In the absence of any evidence that the informant party was carrying o......o other point has been urged. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ..Category: Criminal Law | Date: | Hits: 96
Mahbubul Alam Vs. State, 1997, 26 CLC (AD)
....ence, this observation of the learned Single Judge is not correct in law. The petition is dismissed with the above observation. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 125. ......tioner under sections 409, 420,271 of the Penal Code read with section 5(2) of Act II of 1947 and sentenced him to suffer rigorous imprisonment for one year on each account along with fine of various amounts, in default to suffer imprisonment for three months more. The sentences of substantive impri......ence, this observation of the learned Single Judge is not correct in law. The petition is dismissed with the above observation. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 125. ..Category: Anti-Corruption Laws | Date: | Hits: 81
Nurul Islam (Md) Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain & ors., 1997, 26 CLC (AD)
.... of reversal and is not sustainable in law. Accordingly, we allow the appeal without, however, any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 114. ......ii)Two months rent having admittedly been sent together the respondent is to be presumed a defaulter in law. (iii) the tenant having inducted one Anwar Hossain in a portion of the suit premises which amounts to sub-letting he is entitled to the benefit of protection under section 19 of the Premises ......ned unserved with the remark of the postal authority ‘left’ was presumed to be good service, for the purpose of this Ordinance…………………………(12) The rent admittedly sent by money order for the month of March and April 1986 together so the defendant clearly defaulted paymen..Category: Tenancy Law | Date: | Hits: 93
Subash Chandra Das & ors Vs. Bangladesh, 1994, 23 CLC (AD)
....in that behalf to determine as to whether the proceeding stood abated under section 12. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 106.......in that behalf to determine as to whether the proceeding stood abated under section 12. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 106.......rdinance. 3. The High Court Division by order dated 28th November, 1991 allowed the Writ petition declaring “That the acquisition proceedings stand abated” on the ground that the compensation money was not deposited within the required period, calculated from the date of the decision to acqu..Category: Property Law | Date: | Hits: 89
Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)
....e judgment and decree of the trial Court is restored. Civil Petition for Leave to Appeal No.236 of 1997 is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 100. ......s exhibited number of documents including two survey reports produced by both the sides and upon consideration of the oral and documentary evidence decreed the suit of the appellant in full for an amount of Taka 2,35,17.569.00 being the price of 4231 master cartons of damaged shrimps and prawns ......e judgment and decree of the trial Court is restored. Civil Petition for Leave to Appeal No.236 of 1997 is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 100. ..Category: Business or Commercial Law | Date: | Hits: 147
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