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Sarwar Hossain Moni Vs. State and another, 2010, 39 CLC (HCD)
....ed to dispose of the case as expeditiously as possible. Let a copy of this order be communicated to the Court concerned immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 510.......e accused-petitioner and the accused-petitioner being his close relation took Taka 50,00,000 (fifty lakh) only on account of business transaction from the complainant who assured him to reimburse the amount at the earliest opportunity and the accused-petitioner issued a cheque in favour of complai......ed to dispose of the case as expeditiously as possible. Let a copy of this order be communicated to the Court concerned immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 510...Category: Banking Law | Date: 6 May, 2010 | Hits: 573
Amina Khatun and others Vs. State and others, 2010, 39 CLC (HCD)
....n Title Suit No.351 of 1994 is set-aside. Title Suit No.351 of 1994 is decreed. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 106. ......n Title Suit No.351 of 1994 is set-aside. Title Suit No.351 of 1994 is decreed. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 106. ......ment we can safely be concluded that the property has been enlisted in census list for obvious reasons to harass the real owners who purchased the property from the actual owners by their hard earned money which cannot be taken away by a stroke of pen by the Government without any basic foundation s..Category: Property Law | Date: 26 Apr, 2010 | Hits: 9
Abu Borhan Khan Khokon Vs. The State & another, 2010, 39 CLC (HCD)
.... The order of stay granted earlier shall stands vacated. Send a copy of this judgment to the Court concerned for compliance. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 300.......s as follows: "138. Dishonour of cheque for insufficiency, etc. of funds in the account. - (1) 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 be......ws: "138. Dishonour of cheque for insufficiency, etc. of funds in the account. - (1) 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: 25 Apr, 2010 | Hits: 177
Kazi Md. Abdul Basit Vs. State, 2010, 39 CLC (HCD)
....r arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 219. ...... offence committed on account of an act done in pursuance of any duty or authority. In the latter, the act done itself, should be an exercise in discharge of his duty or authority and that act should amount to an offence. It is not enough that the act complained of was only purported to be in exerci......r arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 219. ..Category: Criminal Law | Date: 13 Apr, 2010 | Hits: 119
Safiat Sobhan Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....l Code could also be resorted to for bringing a charge of abetment against the writ petitioner No.2. The learned Advocate argues that if there is no chance of abetment in the offence alleged then the whole proceedings is a non-est and there is, therefore, no question of surrendering before the conce......by a person capable by law of committing an offence with the same intention or knowledge as that of the abettor. Explanation 1.- To constitute the abetment of the illegal omission of an act may amount to on offence although the abettor may no himself be bound to do that act. Explanation ...... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this Judgment be communicated at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 511. ..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 189
Md. Tofazzel Hossain and others Vs. People's Republic of Bangladesh, 2010, 39 CLC (HCD)
....f this Judgment and order. Ad interim direction granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 235. ......er defendants) and other have been amicably settled on 23.08.2003 along with other suits as the guarantor of loans, Mr. Rustom Ali, has taken over the entire liability and paid the entire principal amount under a settlement agreement dated 23.08.2003 waiving the interest of the loan and the lear......he allegations that they are defaulter, and their bank furnished false information to the Bangladesh Bank that they are defaulter. The names of the petitioners have already been struck out from the money suits of the Respondent No.6 which has been disposed of by setting the liabilities. So the pe..Category: Civil Law | Date: 16 Mar, 2010 | Hits: 7
Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)
..... 44. In the result, the appeal is dismissed. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 323. ......which entered into on 15-6-93, would be no necessity to give Bank Guarantee for the due payment of balance consideration of Taka 90,00,000. So, encashment of Bank Draft No.01.7229393 dated 9-6-93 for amount of US Dollars 2 lakh has no sort of connection with the present deed of agreement for sale. M......t dated 15-6-1993 in between the plaintiff and defendant No.1-3 being deed No.6944 for the year of 1993 registered in the office of the Sub-Registrar, Gulshan, Dhaka, stands cancelled and the earnest money paid thereunder has been lawfully forfeited, and direct defendant No.15-6-1993 in his office. ..Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13
Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
....ent on to argue that in so far as neither the FIR, nor the Charge Sheet(CS) disclose any offence known to our legal system, the charge as framed is liable to be set aside, to herald the demise of the whole proceeding. Mr. Anisul Haque was of the view that the charge as purportedly framed was undoubt...... price whereby the country has been spared of a huge sum in foreign currency. The price actually paid, stated Mr. Taposh, was US Dollars 115 million as opposed to US Dollars 283 millions, and thus an amount of US $ 168 million were saved for the country. Mr. Taposh also took us through documents ann......squo;s entirety, but so far as the same relates to the Petitioner only. There will, however, be no order as to costs. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228
Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....he government in power at the relevant period, with malice aforethought and ulterior motives, in order to malign the stature and the world wide acclamation of the Petitioner, and humiliate her to the whole world, who is none other than a former Prime Minister of the Republic, the primordial figure i...... even at an initial stage may be justified where facts are so preposterous that even on the admitted facts no case can stand against the accused and that further prolongation of the prosecution would amount to harassment to an innocent party band abuse of the process of the Court. The Appellate Divi......ption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102
Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....he government in power at the relevant period, with malice aforethought and ulterior motives, in order to malign the stature and the world wide acclamation of the Petitioner, and humiliate her to the whole world, who is none other than a former Prime Minister of the Republic, the primordial figure i...... even at an initial stage may be justified where facts are so preposterous that even on the admitted facts no case can stand against the accused and that further prolongation of the prosecution would amount to harassment to an innocent party and abuse of the process of the Court. The Appellate Divis......uption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131
Dr. Md. Nazimuddin and others Vs. Md. Abdur Rahman Siddique and others, 2010, 39 CLC (HCD)
....ower Court's record at once. Let a copy of the judgment be transmitted to the Courts concerned at their respective station. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 305. ......ourt of learned Subordinate Judge, Naogaon against the opposite parties and that suit was decreed for realisation of Tk.2,30,000/- along with an interest at the rate of Tk.15% upon the principle amount by the judgment and decree dated 5.11.1990. The opposite parties of the rule being defendant...... the order sheets of Execution Case No.3 of 1990 as well as the execution application it appears that a title suit was instituted in 1989 and that was decreed on contest. The trial Court allowed a money decree and that decree was appealed before this Court and the judgment debtors were the appel..Category: Civil Law | Date: 25 Feb, 2010 | Hits: 7
Mosammat Rehana Akhter Vs. Rizia Begum and others, 2010, 39 CLC (HCD)
....L.C. Records. The order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 422. ......L.C. Records. The order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 422. ...... dag No.958 covered 18 decimals; that thereafter the P.S. and B.S. recorded tenant Jobeda Khatun on 23.11.1981 sold out the case land to Fakir Ahmed; that thereafter said Fakir Ahmed being in need of money urgently requested the preemptor to purchase the land in question but she refused to purchase ..Category: Property Law | Date: 13 Jan, 2010 | Hits: 56
....he order of stay granted at the
time of issuance of the rule is hereby vacated.
Send down the L.C. Records
immediately.
Ed.
This Case is also Reported in: 30 BLD (HCD)
(2010) 424.
......he order of stay granted at the
time of issuance of the rule is hereby vacated.
Send down the L.C. Records
immediately.
Ed.
This Case is also Reported in: 30 BLD (HCD)
(2010) 424.
......h acquired
89 decimal land from the plot No.138 by L.A. Case No.159/61-62 Award was
prepared in the name of Chandraban, and the plaintiff No.1 and his brother
Abdul Karim withdrew the compensation money. Chandraban sold 35 decimals of
land from the plot No.590 to Mather Box and others on 01.09.4..
Category: Property Law | Date: 6 Jan, 2010 | Hits: 8
Nuvista Pharma Limited Vs. Chairman, National Board of Revenue & ors, 2010, 39 CLC (AD)
....der. In the premises we do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 302. ...... dated 27-10-2010 passed by a Division Bench of the High Court Division in Writ Petition No.4968 of 2007 discharging the Rule with a direction to the petitioner to make full payment of the claimed amount within two weeks from the date of receipt of the judgment and order failing which the Bank G......der. In the premises we do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 302. ..Category: Business or Commercial Law | Date: 4 Jan, 2010 | Hits: 4
Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)
....obtaining leave from the Court. Section 18 further provides that if the Court is satisfied that the suit has been for the benefit of the trust and no party to the suit was to blame, it may direct the whole or any portion of the costs to be paid. Section 14 creates a special jurisdiction in Civil Cou......need submit to a majority, for it could always form a separate autonomous group, the only test being; it is a distinctive group large enough to function as such. Between two groups there could be any amount of variation of race, religion, colour, culture and intellectual development." 20. ......onceivable that an unscrupulous Shebait, anxious to seize a particular portion of the debuttor estate for his personal use, might, notwithstanding ample funds at his disposal, be encouraged to borrow money in the character of Shebait, allow a decree to be passed against him, acquiesce in the consequ..Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94
Md. Jubayer Vs. State and others, 2009, 38 CLC (HCD)
....der be sent to the Court concerned at once for information. Afzal Hossain Ahmed, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 343; 15 MLR (HCD) (2010) 424 . ...... of "Nipun Embroidery" who did some work as per work order issued by the accused and accordingly, the accused issued a cheque on 29.03.2007 in favour of the complainants for the bill of the work done amounting to Tk. 1,60,000/- (one lac and sixty thousand). The complainants presented the cheque to......………………..(14) The cause of action for prosecution arises under section 138 (1)(c) of the Negotiable Instruments Act on the failure of the drawer of the cheque to make payment of the money mentioned in the cheque within thirty days of the receipt of the notice from the payee or, a..Category: Criminal Law | Date: 9 Nov, 2009 | Hits: 128
Md. Rezaul Kabir Vs. State and another, 2009, 38 CLC (HCD)
.... regarded as imperative or mandatory or merely as directory or permissive. It is the duty of the Courts of justice to try to get at the real intention of the legislature by carefully attending to the whole scope of the statute to be construed. When the parliament or the framers of the law employed c...... along with his companion forces recovered from the possession of one Md. Rezaul Kabir, Upazila Nirbahi Officer, Bhaluka, Mymensingh an envelope of Khaki colour containing 99 pieces of 500 Taka notes amounting to Tk. 49,500/-, each note bearing "M" mark within a round circle mark. While th......ch the Joint Forces laid trap for catching hold of the said Upazila Nirbahi Officer, Md. Rezaul Kabir red-handed and, accordingly, caught hold of him red handed while he was taking the said amount of money, as bribe, from the witness No.1 Md. Mosharraf Hossain. The Joint Forces also recovered anothe..Category: Anti-Corruption Laws | Date: 11 Oct, 2009 | Hits: 10
Abdul Latif alias Kahinur alias Kahin and other Vs. State, 2009, 38 CLC (HCD)
....ection with any other case. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 245. ......ection with any other case. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 245. ......ri-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 and sentencing them to suffer imprisonment for life. 2. The prosecution case in short is that informant Kanchoni Bala in order to recover her loan money from a co-villager went to their house and while returning from there she was surrounded by th..Category: Women and Children | Date: 6 Oct, 2009 | Hits: 116
....tion money
along with the compensation, so deposited by the pre-emptor.
Send down the lower
Courts records immediately.
Ed.
This Case
is also Reported in: 30 BLD (HCD) (2010) 318.
......tion money
along with the compensation, so deposited by the pre-emptor.
Send down the lower
Courts records immediately.
Ed.
This Case
is also Reported in: 30 BLD (HCD) (2010) 318.
......served upon
the pre-emptor petitioner and after obtaining the certified copy on 31.12.1970
the petitioner came to know about the sale finally and filed the preemption case
depositing consideration money along with 10% compensation. The petitioner
further stated that there is no impediment in get..
Category: Property Law | Date: 25 Aug, 2009 | Hits: 3
Shamsul Hossain Vs. Anwar Hossain and others, 2009, 38 CLC (HCD)
....st Appeal No. 48 of 1999 with First Appeal No. 330 of 1999 are allowed. No costs. Send down the lower Court Records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 74 ......st Appeal No. 48 of 1999 with First Appeal No. 330 of 1999 are allowed. No costs. Send down the lower Court Records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 74 ......rice having not been up to the mark, it was put for further tender on 30-9-1996 and it was sold to the highest bidder defendant No. 5 at Taka 21, 74,544. The defendant No. 5 paid the entire money on 1-2-1996. On 4-2-1997 and 16-2-1997 the suit land was handed over to the defendant No...Category: Property Law | Date: 20 Aug, 2009 | Hits: 3
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