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Mosammat Kazi Shamsunnahar Vs. Md. Ramjan Molla and others, 2008, 37 CLC (HCD)
....s discharged. The judgments and orders of the courts below are hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 391. ......ioner opposite party No.1 being the co-sharer of the khatian of the suit land is entitled to pre-empt the said suit land. Hence he has filed this miscellaneous case. He again submitted that huge amount the purchaser petitioner spent in the suit land for establishment of paltry firm, constr......s discharged. The judgments and orders of the courts below are hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 391. ..Category: Property Law | Date: 20 Nov, 2008 | Hits: 2
Habibur Rahman Molla Vs. State, 2008, 37 CLC (HCD)
....acated. Let a copy of this judgment and order along with the LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 1, 29 BLD (HCD) (2009) 227. ......rocedure, 1898 (Act No. V of 1898); section 561A The application for quashment of the criminal proceeding under section 561A of the Code cannot be also entertained after the lapse of significant amount of time, e.g. at the stage of trial where evidence of 17 witnesses have already been recorded......acated. Let a copy of this judgment and order along with the LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 1, 29 BLD (HCD) (2009) 227. ..Category: Anti-Corruption Laws | Date: 20 Nov, 2008 | Hits: 157
Akramuzzaman (Md.) alias Babu Vs. Artha Rin Adalat No. 1 Rajbari and others, 2008, 37 CLC (HCD)
....Although such protection was not expressly provided in respect of the substituted heirs of mortgagor or guarantor in section 34 (2) of the Ain 2003, but from the combined reading of the Ain 2003 as a whole, it is obvious that the intention of the legislature is also to protect the right of the subst......n of a sum of Taka 1,00,000 in favour of defendant No. 1 Messrs Mithila Traders. The defendant No. 3 Md. Abu Bakar stood as guarantor. After executing documents, the defendant No. 1 withdrew the said amount. The loan was cash credit hypo loan which stood at Taka 4,17,507 till 10-4-2004 Despite repea......cate the order at once with a copy of judgment for information and necessary action to all respondents. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 638; 15 MLR (HCD) (2010) 1. ..Category: Civil Law | Date: 5 Nov, 2008 | Hits: 168
Ayub Ali alias Mukul Vs. State, 2008, 37 CLC (HCD)
.... in the Court of Magistrate, 1st Class. Cognizance Court No. 1, Munshiganj is hereby quashed. Communicate this Judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 52. ......business purpose on condition that after 1 year he will refund the said Taka 4,50,000 with Taka 50,000 as benefit of business to the informant but the accused-petitioner Ayub Ali did not pay the said amount. Later on, accused Ayub Ali and his younger brother Bokul totally denied their obligation to ...... ……………….......................Opposite Party Judgment August 14, 2008. Result: The Rule is made absolute. At the time of taking loan no promise as to return of money within a specified time was made and no allegation of inducement for getting the loan money fr..Category: Criminal Law | Date: 14 Aug, 2008 | Hits: 28
....to him under the provision of section
193 of the Companies Act, 1994.
However, there shall be no order as to
cost.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 226.
......e said respondents observing the condition of Clause No. 3
of the sale agreement dated 30-5-2005. At this stage the respondent No. 7, the
government functionary, claimed most arbitrarily additional amount of money
against the sale proceed of Kuliarchar Ground Nut Mills to the company which
compe......in three
installments. On 10-6-2005 the respondent Nos. 3, 4 and 5 served a legal notice
upon the writ petitioner demanding payment of Taka 78,00,000 within 30-6-2005
against the due consideration money of the sale of the shares to the writ
petitioners which the petitioner replied on 27-6-2005, ..
Category: Company Law | Date: 12 Aug, 2008 | Hits: 18
.... time of issuance of the rule is hereby vacated.
The lower courts record be sent down at once with a copy of the judgment.
Ed.
This Case is also Reported in: 29 BLD (HCD) (2009) 135.
...... time of issuance of the rule is hereby vacated.
The lower courts record be sent down at once with a copy of the judgment.
Ed.
This Case is also Reported in: 29 BLD (HCD) (2009) 135.
......t of 1983 and accordingly handed over the possession of the said land to defendant-1 and also assured the defendant No.1 to pay Tk. 10,000/- towards development cost and also assured to pay more money if necessary. The defendant developed the land along with the said .37 decimals of land allott..
Category: Civil Law, Property Law | Date: 5 Aug, 2008 | Hits: 4
Kazi Salahuddin Vs. Kazi Badruzzahedin (Dabir) and others, 2008, 37 CLC (AD)
.... where the rest .0382 ajutangsha land of the said wakf had gone out of their possession and in the absence of any such explanation it is clear that the said .0382 ajutangsha was sold away and the whole price money was misappropriated by said Kazi Khairuddin and his son Badruzzahedin Dabir wi......e does not call for interference by this court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 113. ......est .0382 ajutangsha land of the said wakf had gone out of their possession and in the absence of any such explanation it is clear that the said .0382 ajutangsha was sold away and the whole price money was misappropriated by said Kazi Khairuddin and his son Badruzzahedin Dabir without spendi..Category: Trust/Waqf Law | Date: 22 Jul, 2008 | Hits: 166
Md. Abdul Jabber Biswas and others Vs. Aysha Khatoon and others, 2008, 37 CLC (HCD)
....er Court's Records immediately. However, there is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 28. ......er Court's Records immediately. However, there is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 28. ......n them by a kabala dated 17.04.2000. They came to know about such transfer on 08.05.2000 and after obtaining the copy of the kabala filed the application of preemption by depositing the consideration money along with its 10% under 96 of the Estate Acquisition and Tenancy Act. 4. The purchasers ..Category: Property Law | Date: 21 Jul, 2008 | Hits: 3
Md. Abdul Jabber Biswas Vs. Aysha Khatoon and others, 2008, 37 CLC (HCD)
.... the Lower Court's Records immediately. 13. However, there is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 28. ...... the Lower Court's Records immediately. 13. However, there is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 28. ......n them by a kabala dated 17.04.2000. They came to know about such transfer on 08.05.2000 and after obtaining the copy of the kabala filed the application of preemption by depositing the consideration money along with its 10% under 96 of the Estate Acquisition and Tenancy Act. 4. The purchasers ..Category: Property Law, Tenancy Law | Date: 21 Jul, 2008 | Hits: 5
Reckitt Benckiser (Bangladesh) Ltd. Vs. Oram Limited, Sale Centre, 2008, 37 CLC (HCD)
.... keeping in view the nature of the transaction being commercial. Mr. Amirul Islam further submitted that if the provisions of the Code are allowed to be resorted in an arbitration proceeding then the whole scheme and purpose of the new Act shall be frustrated. Mr. Islam pointed out that section...... of the either of the parties. The office is directed to send a copy of this judgment to the court below immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 238. ......trustees, to bring and defend actions etc., to refer to arbitration, to give receipt, to act in matters of bankrupts and insolvents, to authorise acceptance etc., to appoint attorneys, to invest money, to give security by way of indemnity, to give percentage, to make by laws, to make contracts,..Category: Alternative Dispute Resolution | Date: 13 Jul, 2008 | Hits: 18
Khairul Amin and others Vs. Md. Saidul Hoque & another, 2008, 37 CLC (HCD)
.... Code of Civil Procedure is not called for. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 252. ...... Code of Civil Procedure is not called for. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 252. ......ed deed and delivered possession in favor of defendant No. 1, who executed an agreement to recover the suit land written by the selfsame deed writer within 3 years on repayment of the consideration money and upon repeated demand to recovery the suit land on accepting the consideration money, the..Category: Evidence Law | Date: 19 Jun, 2008 | Hits: 8
Nadia Khalil Vs. Rudess Karim, 2008, 37 CLC (HCD)
.... However, there shall be no order as to costs. Let a copy of the judgment be sent down to the courts below at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 599. ......liance on an unproven allegation for rejecting a prayer of a party of the litigation violates all norms of age old justice delivery system prevailing in human civilization. This reliance somehow amounts to indicate disqualification of a party as to custody of a minor. In such circumstances, if......stody of a minor children has held as under; "The dominant matter for the consideration of the court is the welfare of the child. But the welfare of the children is not to be measured by money or by physical comfort only. The word must be taken in a wider sense. The moral and religio..Category: Family Law | Date: 17 Jun, 2008 | Hits: 19
State Vs. Ershad Sheikh, 2008, 37 CLC (HCD)
....vidence recorded by the Tribunal. Send down the lower Court's records with a copy of this judgment for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 183. ...... of causing death of the deceased for dowry. 30. So, the act of causing death of the deceased does not come within the mischief of section 11 (ka) of the Ain. It is an offence of culpable homicide amounting to murder or not amounting to murder punishable under section 302 or 304 of the Penal Code......daughter named Tanjina .The occurrence took place on 3rd Baishakh of the last year, Wednesday, at 11-00 AM. On that date the accused demanded Taka 2,000. She further said that at the time of marriage money was given to the accused. In spite of that he occasionally used to demand money. In the mornin..Category: Women and Children | Date: 17 Jun, 2008 | Hits: 157
AKM Nazimuddin Vs. Md. Delwar Hossain and others, 2008, 37 CLC (HCD)
....d was shown jointly at Taka 3,00,000. As per section 96(3) (a) of the SAT Act, the pre-emptor had to deposit the entire Kabala consideration plus compensation at the rate of ten percentum against the whole consideration money at the time of filing the pre-emption case. So far as the procedure and ti......of the land sought to be preempted was higher than that of the land which was left out from seeking pre-emption. The pre-emptee No.1 further contended that he constructed a homestead by spending huge amount of money and that the pre-emption as sought was not maintainable. 4. The learned Senior ......were transferred by the Kabala deed dated 27-3-2002 but the pre-emptor initiated the pre-emption case against one of the holdings leaving out another holding. Admittedly, the total consideration money of the land was Taka 3,00,000 but the pre-emptor deposited Taka 1,50,000 along with the compen..Category: Property Law | Date: 11 Jun, 2008 | Hits: 12
A.B.M. Khaliquzzaman and others Vs. United Commercial Bank Ltd. and others, 2008, 37 CLC (HCD)
....ng up of this Order and to report the compliance thereof within 1(one) week thereafter. There is no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 635. ......25.09.2005. Paid up Capital has been increased by 30% bonus shares declared for the year 2002 (Accounting year 2001) based on the record date of 16.8.2007. 3. Under the above circumstances, amount of Paid up Capital would be Tk. 50,63,46,737/- for the purpose of issuing 50% bonus shares......ng up of this Order and to report the compliance thereof within 1(one) week thereafter. There is no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 635. ..Category: Company Law | Date: 11 Jun, 2008 | Hits: 43
Haji Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....e contiguous to a vast vacant land of Mahanagar Survey plot No.4805. Mahanagar Survey plot Nos.4951, 4994, 4999, 5000, 5001, 5002 and 5003 are situated by the side of Dhaka-Chittagong highway where a whole sale market for vegetables has been functioning. Plot No.5003 is contiguous to plot No.4805. A......sioner at a time, not being earlier than fifteen days after date of publication of the notice, and place mentioned therein and to state the nature of their respective interest in the property and the amount and particulars of their claims to compensation for such interests. (3) The Deputy Commi......ation in terms of section 10 within one year from the date of decision of the Government (which is section 5 in the case of acquisition). The requiring body, therefore, will deposit the consideration money with the Government weir ahead of expiry of one year from the date of decision of the Governme..Category: Property Law | Date: 8 Jun, 2008 | Hits: 11
Mst. Phulbanu @ Phul Vs. State, 2008, 37 CLC (HCD)
....w Judicial Magistrate, Bogra, will proceed in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 350. ......n the pretext of providing or securing, to or for any person, employment in any country beyond the limits of Bangladesh- (a) being a recruiting agent, charges fee in addition to the prescribed amount; (b) not being a recruiting agent, demands or receives or attempts to receive, for hims......e is discharged. The Penal Code, 1860 (XLV of 1860), ss. 406, 420 The Emigration Ordinance, 1982 (Ordinance No. XXIX of 1982), ss. 23, 26 In case of misappropriation of money e.g. in cases involving the promise of sending someone abroad on employment, the allegation p..Category: Procedural Law | Date: 5 Jun, 2008 | Hits: 4
Mannan alias Mannan Khan (Md.) Vs. State, 2008, 37 CLC (HCD)
....f the petitioner. Send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 863. ......Khan Brothers" of Kunjanagar Bazar within Nagarkanda Police Station and found that Md. Mannan, owner of Khan Brothers hoarded 141/2 barrels of diesel each containing 218 liters total 3161 liters amounting to Taka 1,04,313 and 14 barrels of kerosene each containing 218 liters total 3052 liters a......f the petitioner. Send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 863. ..Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 2
Md. Mannan Alias Mannan Khan Vs. State, 2008, 37 CLC (HCD)
....e petitioner. Send down the records, of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 664. ......e "Khan brothers" of Kunjanagar bazar within Nagarkanda Police Station and found that Md. Mannan owner of Khan brothers hoarded 141/2 barrels of diesel each containing 218 liters total 3161 liters amounting to Tk. 1,04,313/- and 14 barrels of kerosene each containing 218 liters total 3052 liters......e petitioner. Send down the records, of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 664. ..Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 3
Abul Kalam Azad (Md.) Vs. State and another, 2008, 37 CLC (HCD)
.... Metro Sessions Case No. 152 of 2007 pending in the court of Metropolitan Assistant Sessions Judge, 5th Court, Dhaka is quashed. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 91. ...... 2006) pending in the Court of Metropolitan Assistant Sessions Judge, 5th Court, Dhaka. 2. Complainant opposite party in the petition of complaint alleges that, accused petitioner issued cheques amounting to Taka 2, 00,000 vide cheque no. CAF/A 7548538 dated 22-7-2006 from C/A No.1923, cheque N......at in legal notice it has been written Taka 1,00,000 mistakenly but actually it would be Taka 1,04,000. The accused petitioner after receiving the legal notice did not take any step to pay the cheque money. Hence, the petition of complaint filed on 1-10-2006 for taking action against the accused pet..Category: Banking Law | Date: 22 May, 2008 | Hits: 227
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