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Golam Rabbani Vs. Chairman, Court of Settlement and others, 2008, 37 CLC (AD)
....ean hands and committed gigantic fraud upon the Court. From Annexure-'B1’ to the writ petition (decree in Title Suit No. 984 of 1980 dated 26.5.1991) it is clear that the suit was decreed ex parte for specific performance of contract only and no decree for declaration that the disputed pro......d at a correct decision. The appeal is dismissed with cost of Tk. 10,000/- Ed. This Case is also Reported in: 13 MLR (AD) (2008) 345; 61 DLR (AD) (2009) 15; 29 BLD (AD) 2009, 1. ......Petition No. 2 of 1993 discharging the Rule. 2. Short facts are that the property in question was originally allotted to one Md. Muslim who constructed a two storied building thereon taking loan from the House Building Finance Corporation, entered into an agreement for sale on 28.1.1971 f..Category: Civil Law | Date: | Hits: 119
Dalimon Nessa Bewa and others Vs. State, 2007, 36 CLC (AD)
....dge, 2nd Court, Tangail in Title Appeal No.124 of 1998 reversing those dated 10.05.1998 passed by the Sub-Judge, 2nd Court, Tangail, in Partition Suit No.124 of 1987. 2. Plaintiff instituted partition suit No.124 of 1987 in the Court of Subordinate Judge, 2nd Court, Tangail praying for a ...... of the learned Advocate for the petitioners. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 329; 61 DLR (AD) (2009) 8. ...... of the learned Advocate for the petitioners. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 329; 61 DLR (AD) (2009) 8. ..Category: Property Law | Date: | Hits: 41
Most. Nurun Nahar Begum Vs. M. Abu Mohammad and others, 2007, 36 CLC (AD)
....ed Single Judge of the High Court Division by applying judicial mind. He further submits that the respondent applicant in paragraph 4 of the application for pre-emption has mentioned that opposite party No. 2 on 22.09.1988 executed and presented the document for registration containing .07 dec o......of the learned Advocate for the petitioner. Accordingly, this petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 287. ......pre-emptee No.14 by filing separate written objection. 4. The case of the pre-emptee Nos.1 and 2 is that the pre-emtpee No.2 with a view to meet the expenses of her daughter's marriage took loan of TK.7,000.00 from pre-emptee No.1. As a security against the said loan the pre-emptee No. 1 ..Category: Property Law | Date: | Hits: 33
Raisuddin Vs. Md. Abdul Munim Chowdhury & another, 2008, 37 CLC (AD)
..... The trial Court dismissed the suit. On appeal being Title Appeal No.272 of 1986 the appellate Court allowed the appeal and decreed the plaintiff's suit. The High Court Division after hearing the parties made the Rule absolute. 5. We have heard Mr. Md. Osman Ghani, the learned Advocate f......sion upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 285. ......sion upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 285. ..Category: Property Law | Date: | Hits: 30
State Vs. Md. Ruhul Amin and others, 2007, 36 CLC (AD)
....axe and also fractured the bones of both arms of the victim and other accused persons namely Ali Hossin Bhuiya Shahin, Ruhul Amin, Emdadul, Jubari, Jahed, Selim and Amzad caused injury in different parts of the body of the victim by sharp knife. The further allegation is that the accused persons...... there is no cogent reason to interfere with the impugned judgment. All the petitions are accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 280. ...... there is no cogent reason to interfere with the impugned judgment. All the petitions are accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 280. ..Category: Criminal Law | Date: | Hits: 36
Md. Shahidullah Kawser Vs. Israt Zahan Popy & another, 2007, 36 CLC (AD)
....sion upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 278. .......M. the petitioner along with other accused persons visited the complainant's house and demanded Tk.1,50,000/- as the price for the articles demanded as dowry and said that on failure to make such payment, the accused-petitioner will divorce the complainant and the petitioner thereafter refused ......sion upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 278. ..Category: Criminal Law | Date: | Hits: 31
M/S. Uttara Steel Corporation Ltd & anr Vs. Learned Judge, Artha Rin Adalat & ors, 2007, 36 CLC (AD)
.... of the learned Advocate for the petitioner deserves no consideration. The petition, accordingly, is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 266. ...... of the learned Advocate for the petitioner deserves no consideration. The petition, accordingly, is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 266. ......angladesh. 2. The present petitioner No. 2 is the share holder and Chairman of the petitioner No.1 Company namely M/S. Uttara Steel Corporation Limited. The said company obtained C.C. (Hypo) loan of TK.6 lacs and CC pledge loan of TK.30 lacs from the respondent Agrani Bank as a running, c..Category: Civil Law | Date: | Hits: 89
Mohammad Iqbal Ahmed Bhuiyan Vs. Sultan Mahmud Chowdhury, 2007, 36 CLC (AD)
....firmity 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: 13 MLR (AD) (2008) 262. ......firmity 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: 13 MLR (AD) (2008) 262. ......red to him on that day; after obtaining necessary trade licence and getting his name necessary permission to mortgage the above plot for raising fund the respondent No.1 applied to Janata Bank for loan for establishing an iron and steel industry in the suit plot whereupon Janata Bank sanctioned ..Category: Property Law | Date: | Hits: 27
Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2008, 37 CLC (AD)
....he judgment and order dated 25-6-2002 made the Rule absolute quashing the proceeding. 3. Being aggrieved the petitioner moved this Court in Criminal Appeal 12 of 2003. This Court after hearing the parties by the judgment and order dated 15-6-2004 dismissed the appeal. 4. Thereafter, this revie...... cheques on 25-2-2001 but still the cheques were returned unpaid on 26-2-2001 and then the complainant demanded the money sending a notice dated 10-3-2001 giving the accused 15 days' time to make the payment but still no payment being made the complaint was filed on 22-4-2001 and the learned Chief M......Instruments Act, 1881 against the respondent No.1 stating, inter alia, that the complainant and the accused are involved in share business and being closely known to each other the complainant gave a loan of Taka 60,00,000 (sixty lac) to the accused who assured to reimburse the amount in no time and..Category: Criminal Law | Date: | Hits: 67
Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)
.... the Government to transfer any case mentioned in section 6 pending in a Criminal Court to Druta Bichar Tribunal for speedy trial. The Act puts emphasis on offence(s) specified therein but not on any particular accused and, therefore, does not offend an under-trial prisoner’s fundamental right of ......d the Druto Bichar Tribunal are directed to dispose of the aforesaid respective cases speedily and in accordance with law. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 185. ......d the Druto Bichar Tribunal are directed to dispose of the aforesaid respective cases speedily and in accordance with law. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 185. ..Category: Criminal Law | Date: | Hits: 59
Mamunur Rashid Mamun and another Vs. Bangladesh and others, 2007, 36 CLC (AD)
....d being Panchlaish Police Station Case No. 8 dated 20-4-2001 under sections 7(Kha)/10/12 of Public Safety (Special Provisions) Act, 2000 stating, inter alia, that the informant was on duty in the department and the writ petitioner-appellant being armed forcefully entered inside the office and ask......ccordingly, allowed. The matter is sent back to the High Court Division for hearing and disposal by the learned Third Judge. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 158. ......ccordingly, allowed. The matter is sent back to the High Court Division for hearing and disposal by the learned Third Judge. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 158. ..Category: Criminal Law | Date: | Hits: 43
BADC and another Vs. Md. Shamsul Haque Mazumder and 27 others, 2008, 37 CLC (AD)
....-2004 passed by the High Court Division in Writ Petition No. 1498 of 2003 (heard analogously with Writ Petition No.5630 of 2002) making the Rule obtained in Writ Petition No. 1498 of 2003 absolute in part and discharging the Rule obtained in Writ Petition No. 5630 of 2002). Judgment Md. Abdu......ons, 1990, regulation 55(2) Regulation 55 (2) of the BADC Service Regulations, 1990 allowing termination of service requires either issuance of a notice in advance for a period of three months or payment of salary for three months to the concerned employee. In the instant case, not even the mini......plication of mind and was rightly declared illegal. We do not find any merit in these appeals which are accordingly, dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 152. ..Category: Employment/Service Law | Date: | Hits: 105
Bangladesh Vs. Iqbal Hasan Mahmood Tuku, 2008, 37 CLC (AD)
....riminal proceeding in the aforesaid special case was validly taken against the respondent under sections 165 and 166 of the Income Tax Ordinance for making false statements and also for concealing particulars with a view to evading income tax independently of any proceeding for assessment under ......y by the Deputy Commissioner of Taxes under Chapter XV of the Ordinance is the highest civil liability created for a delinquent assessee or a person who commits or omits to do certain acts towards payment of income tax. Imposition and realisation of penalty is the highest civil liability dealt w......ore maintainable. In view of the foregoing discussions the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 147. ..Category: Fiscal/Taxation Law | Date: | Hits: 97
Government of Bangladesh Vs. Md. Ayub Ali and another, 2007, 36 CLC (AD)
....nd measuring 4.75 acres of land is comprised of a mango garden having 74 mango trees standing thereon is not a forest land and as such the vesting of control and management thereof in the Forest Department are illegal and inoperative and not binding on the plaintiffs and the plaintiffs are entit......action. The above appeal and the civil petition of leave to appeal are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 4LG (2007) AD 239. ......action. The above appeal and the civil petition of leave to appeal are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 4LG (2007) AD 239. ..Category: Property Law | Date: | Hits: 23
Tara Mia and another Vs. Babru Mia and others, 2007, 36 CLC (AD)
....ped up between the plaintiff and defendant No. 14; that defendant Nos. 6-16 are now trying to gain over defendant Nos. 1-5 by illegal means and to this end are giving out various threats since last part of Poush 1391 B.S. and Consequently they created some paper transaction from defendant Nos. 1-......l having no merits is therefore is liable to be dismissed. The Appeal is thus dismissed. The parties do bear their own costs. Ed. This Case is also Reported in: 4 LG (2007) AD 231. ......l having no merits is therefore is liable to be dismissed. The Appeal is thus dismissed. The parties do bear their own costs. Ed. This Case is also Reported in: 4 LG (2007) AD 231. ..Category: Property Law | Date: | Hits: 26
State Vs. Nur Husain alias Hiron, 2006, 35 CLC (AD)
....:- “The trial of the petitioner under Section 25A is not legally sustainable in law but if a Rule is issued on this application there will be further delay in the disposal of the case particularly when the petitioner has been languishing in hajot (detention) for about 4 years. In th......error. The Special Tribunal is directed to release the Respondent Nur Husain alias Hiron on bail to its satisfaction. Ed. This Case is also Reported in: 4 LG (2007) AD, 45. ......error. The Special Tribunal is directed to release the Respondent Nur Husain alias Hiron on bail to its satisfaction. Ed. This Case is also Reported in: 4 LG (2007) AD, 45. ..Category: Criminal Law | Date: | Hits: 38
Md. Atiar Rahman, Ex-Chairman, Trimohini Union Parishad Vs. State, 2007, 36 CLC (AD)
.... and does not warrant interference by this Court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 444. ...... and does not warrant interference by this Court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 444. ......t the accused Md. Hafizul Islam, former Manager, Sonali Bank. Trimohini branch, in collusion with others misappropriated TK. 1,60,200/- from 01.07.1984 to 12.09.1984 by showing disbursement of loan to 46 fake agricultural loanees. It was revealed that the loanees were not the inhabitant..Category: Criminal Law | Date: | Hits: 34
State Vs. Ratan Khan and others, 2007, 36 CLC (AD)
....ion 302/109 of the Penal Code and he is conÂvicted thereunder and sentenced to suffer imprisonment for life. Criminal Appeal No.44 of 2000 so far same relates to Azahar Mridha accordingly allowed in part. 17. Respondent No.2 Azahar Mridha, Son of Ali Mridha @ Ali Ahmed Mridha is directed to surr......ered. On 12.12.1991 at about 9.00 A.M. in the morning accused Azahar, brother-in-law of accused Salim went to the dwelling house of victim Majibur Rahman and called him out of the house to talk about payment of money by those accused persons by holding another salish and took him to the southern sid......reliable and cogent evidence against them, the High Court Division rightly acquitted them. Criminal Appeal No. 43 of 2000 is thus dismissed. Ed. This Case is also Reported in: V ADC (2008) 439. ..Category: Criminal Law | Date: | Hits: 26
Towfiqul Islam & ors Vs. S.M. Mohiuddin, Officer-in-charge, Motijheel, Dhaka & ors 2007, 36 CLC (AD)
.... Code of Criminal Procedure regarding the holding No.58/1A, 5(five) storied building, Purana Paltan, of Motijheel Police Station making Monowara Islam and her Constituted Attorney Abdul Alim as 2nd party and respondent No.4 Md. Humayun Kabir and 7 others were made parties. The Magistrate thereup......in law. There is therefore no cogent reason for considering the prayer for review. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 434. ...... left the premises. Thereafter Monowara Islam decided to construct a multistoried building on the said land and accordingly a building plan was approved by the RAJUK. Monowara Islam then took loan of Tk.19,00,000/- from Sonali Bank and constructed five-storied building and started a re..Category: Criminal Law | Date: | Hits: 32
Basiruddin Vs. Md. Moslem Uddin and others, 2007, 36 CLC (AD)
.... materials on record including transfer of defendant's self-same land to Abbas Ali and his wife Morsheda, all showing complicated question of title and raising important question of defect of party or the plaintiffs alleged possession of the suit land despite absence of credible evidence in...... and 'B' and thereby failed to appreciate the legal implication of Section 95 of the State Acquisition and Tenancy Act on the basis of which the defendant's got back their possession in the land on payment of the consideration money in terms of Exts- 'A' and 'B' the deeds of reconveyance; t......d no substance in the submissions of the learned Advocate for petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 426. ..Category: Property Law | Date: | Hits: 19