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Mustaque Hossain (Md). Vs. Md. Shajahan Miah and another, 2005, 34 CLC (AD)
.... attributed for acceptance of the salami to render the tenant non‑ejectable in accordance with law. The petitions are dismissed. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 105. ...... in the said lease deed that in case of transfer of the suit shop rooms to the third party, the defendants would pay 10% (ten percent) upon total money to the plaintiff as the possession value which, amount shall be accepted by the defendants from the third party From the above conditions of the lea...... the lease deed of the defendant. It is also mentioned in the said lease deed that in case of transfer of the suit shop rooms to the third party, the defendants would pay 10% (ten percent) upon total money to the plaintiff as the possession value which, amount shall be accepted by the defendants fro..Category: Tenancy Law | Date: 1 Feb, 2005 | Hits: 120
Arshed Ali Sikder (Md.) Vs. Gouranga Chandra Shil and others, 2005, 34 CLC (HCD)
.... stands vacated. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 57 DLR (2005) 635. ...... stands vacated. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 57 DLR (2005) 635. ...... suit property to defendant No.3 on 22‑8‑72 at a consideration of Taka 3,000 and the said property is a homestead and the kabala document is collusive and the plaintiff tendered the consideration money which they refused to accept and thus the present suit was filed. 3. The suit was contest..Category: Property Law | Date: 10 Jan, 2005 | Hits: 2
Afzal Molla (Md.) Vs. Government of Bangladesh & others, 2005, 34 CLC (HCD)
....e and the same is liable to be discharged. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 586. ......e and the same is liable to be discharged. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 586. ...... Perused paragraph 6 of the application. Delay has been explained therein stating that after disposal of the appeal the old and sick petitioner has been suffering from various diseases, he later paid money to the engaged clerk of his learned Advocate for obtaining certified copy and for filing Civil..Category: Limitation Law | Date: 10 Jan, 2005 | Hits: 6
Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)
....kground of illustration (g) of section 114 of the Evidence Act can be drawn against the party or the parties in the suit if he or they do not depose about a fact when he or they personally know the whole circumstances of the case is not deposing in the case or that in a situation when particular....... In the background of the discussions made hereinabove the appeal is dismissed with the modification of the judgment of the High Court Division judgment to the extent that plaintiffs shall pay an amount of Taka 2, 00,000, to the defendant No. 2 besides the earnest money of Taka 15,000 paid to t......reement with the plaintiffs on January 22, 1981 to sell the said property for a total consideration of taka 1,00,000. In terms of the contract each of the purchasers has paid Taka 5,000 as earnest money and the defendant No 1 upon receiving the said earnest money executed bainapatra with the sti..Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147
Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)
....the Rules are discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 546. ...... facts constitute illegal connivance and also to facilitate World Tel Holding Ltd. with the said job of installing 3 lacs digital telephones by which the Government has been in financial loss of huge amount and this act of these accuseds constituted offence under section 418/109 of the Penal Code an...... first information report case that Consociates Ltd. recommended the proposal of World Tel Holding Ltd., is good enough for installing 3 lacs telephone lines. It has further been alleged there was no money sanctioned for appointing consultant but Md. Nasim ordered to appoint consultant and arranged ..Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1
Mahadeb Chandra Mondal and other Vs. Dulal Chandra Mondal and other, 2005, 34 CLC (AD)
.... Accordingly, the appeal is allowed without any order as to costs and Title Suit No. 174 of 1975 of the Court of Munsif, Second Court, dismissed without any order as to costs. Ed. ...... Accordingly, the appeal is allowed without any order as to costs and Title Suit No. 174 of 1975 of the Court of Munsif, Second Court, dismissed without any order as to costs. Ed. ......No. 1 executed an Ekrarnama in favour of the plaintiffs; terms of the Ekrarnama was that the defendant No. 1 would reconvey the suit land to the plaintiff on receipt of the aforesaid consideration money within any Chaitra after harvest by 1377 BS the defendant No. 1 with an ill motive created so..Category: Property Law | Date: 4 Jan, 2005 | Hits: 137
Biseruddin Sarder (Md) and others Vs. Md. Tofazzal Hossain Biswas and others, 2005, 34 CLC (AD)
....e view that the High Court Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ......e view that the High Court Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ......ha 1340 BS and Hossain Sarder executed another loan document on 15 Ashar 1339 BS for a loan of taka 140. Their further case is that as the aforesaid persons failed to repay the loan money, they gave the land to Tayebuddin Biswas in total repayment of the loan money and execut..Category: Property Law | Date: 13 Dec, 2004 | Hits: 21
Fokrul Alam Chowdhury Vs. State & another, 2004, 33 CLC (HCD)
.... connection with the Rule stands vacated. Send a copy of the judgment to the Senior Special Judge, Cox's Bazar, immediately. Ed. This Case is also Reported in: 57 DLR (2005) 727. ......erprises in collusion with each other as CC (pledge) and SOD (FO) categories beyond his financial power and thereby violated the specific instructions given to him by the Head Office of the Bank. The amount of the aforesaid non-recovered loan was raised to Taka 63, 27,968.72 after calculation of int......arties Judgment December 12, 2004. Result: The Rule is discharged. Both civil and criminal cases can run together On the question of civil liability in the transaction, money suit filed against the accused petitioner was for realisation of money and not for offence and..Category: Banking Law, Criminal Law | Date: 12 Dec, 2004 | Hits: 1
Jamir Ahmed Vs. Siddique Ahmed Sowdagor and others, 2004, 33 CLC (AD)
....ity in the judgment and order passed by the High Court Division. There being no merit in the leave petition, the same is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15 ......ity in the judgment and order passed by the High Court Division. There being no merit in the leave petition, the same is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15 ...... the plaintiff-respondent No. 1. The defendant Nos. 1 to 3 appeared and filed written statement stating, inter alia, that the plaintiff-respondent No. 1 having failed to pay the balance consideration money of Tk. 75,000/- within due time the bainanama dated 20.08.1999 stood cancelled. The defendant-..Category: Civil Law | Date: 12 Dec, 2004 | Hits: 156
....n view of the discussions made above we do not find any substance in this petition.
The leave petition, accordingly, is dismissed.
Ed.
This Case is also Reported in: 10 BLC (AD) (2005) 39.
......hat she was asked to pay 25% of the salami within one month. Being unable to make payment within stipulated period she prayed for time and the Government extended the time for making payment of the amount within six months from the dated of service of the letter dated 23.03.1992. The writ petitio......n view of the discussions made above we do not find any substance in this petition.
The leave petition, accordingly, is dismissed.
Ed.
This Case is also Reported in: 10 BLC (AD) (2005) 39.
..
Category: Property Law | Date: 4 Dec, 2004 | Hits: 82
Atiquzzaman Khan (Md) Vs. State, 2005, 34 CLC (AD)
....ed in any national daily and, as such, the trial became illegal and without jurisdiction. The other grievance raised by the learned Advocate is that admittedly the appellant was in service during the whole process of the trial starting from lodging of the first information report up to the judgment ......llant suffered from mental disease for some time and took treatment in mental hospital. 14. It further appears that in the meantime he has deposited Taka 13,866 out of the misappropriated amount of Taka 18,812.90 and also has undergone imprisonment for about 5 (five) months. Considering ......ty thousand) is reduced to Taka 5,000 (five thousand) since the appellant has already deposited Taka 13,866 on 28‑2‑1983 out of misappropriated amount of Taka 18,812.90. Ed. ..Category: Criminal Law | Date: 4 Dec, 2004 | Hits: 78
Amir Hossain (Md.) Vs. Government of People's Republic of Bangladesh & others, 2004, 33 CLC (HCD)
.... question from the "Ka" list of the abandoned buildings within 2 months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 332. ...... question from the "Ka" list of the abandoned buildings within 2 months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 332. ......recting the aforesaid vendors, namely Shamim Ahmed and Nasim Ahmed, to execute and register necessary sale deed in favour of the petitioner within 6 (six) days on receipt of the balance consideration money, Since the said vendors failed to execute and register necessary sale deed, necessary sale dee..Category: Abandoned Properties Law | Date: 27 Nov, 2004 | Hits: 13
Civil Engineering Co Vs. Mahkota Technology SDN BHD and others, 2004, 33 CLC (HCD)
....ection 16 of the Act also does not appear to carry actual intention of the legislature. Unless the English text be urgently thoroughly reviewed, corrected and updated with the Bengali text of the Act whole purpose of such English text will be frustrated. 32. In the result, the Rules are dischar...... the Ministry of Law and Parliamentary Affairs for necessary correction of the English text of the Arbitration Act, 2001. Ed. This Case is also Reported in: 57 DLR (2005) 734. ......ther proceedings of the suit. 2. Short facts for disposal of the Rule are that the plaintiff, Civil. Engineering Co instituted the suit against the defendant, Mahkota Technology and others for a money decree of Taka 2,94,93,333.69 with interest at the rate of 20%. 3. Pursuant to summons, d..Category: Arbitration Law | Date: 10 Nov, 2004 | Hits: 12
....made absolute in part without any order as to costs. The respondent No.4 is directed to proceed with the case in accordance with law.
Ed.
This Case is also Reported in: 57 DLR (2005) 730.
......was advised by an Army Officer who was on duty at the relevant time in connection with Clean Heart Operation to go to Madhabpur Police Station and to make a GD Entry that he was carrying the foresaid amount in interest of his safety, security and protection. Accordingly the petitioner went to the Ma......factum of the case as stated in the petition of complaint that respondent No.5 was inimical to the petitioner from before as respondent No.5 often used to send his men to the petitioner for extorting money by way of gratification with the threat that if his demand was not met transport business of t..
Category: Anti-Corruption Laws, Criminal Law | Date: 10 Nov, 2004 | Hits: 8
Shamsul Haque (Md) Vs. Amina Khatun and others, 2004, 33 CLC (AD)
....s been miscarriage of circumstances and this requires interference by us. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 23.......s been miscarriage of circumstances and this requires interference by us. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 23.......cupation. He has no land beyond the statutory limit and, as such, he is legally entitled to get the case land by way of pre‑emption. The pre‑emptor has filed the case depositing the consideration money of the sale deed along, with the statutory compensation. 3. The pre-emptee respondent Nos.1 ..Category: Civil Law | Date: 31 Aug, 2004 | Hits: 156
Jane Alam (Md.) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....nce to the aforesaid Trawler of the petitioner. In accordance with law within 60 (sixty) days from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 305. ...... way of salaries of those persons employed. The petitioner has also paid Taka 25 lac as decking costs in respect of the said Trawler and in addition thereto the petitioner also spent quite a handsome amount towards other charges. The said Trawler is now anchored at Karnaphulli River near Begum Docki......nce to the aforesaid Trawler of the petitioner. In accordance with law within 60 (sixty) days from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 305. ..Category: Admiralty Law or Maritime Law | Date: 10 Aug, 2004 | Hits: 4
State Vs. Md. Arab Ali, Ex-Manager, Rupali Bank and others, 2005, 34 CLC (AD)
....rt Division was in error in quashing the proceeding of the Special Case No. 12 of 1985 of the Court of Divisional Special Judge, Dhaka. Accordingly, the appeal is allowed. Ed. ......rt Division was in error in quashing the proceeding of the Special Case No. 12 of 1985 of the Court of Divisional Special Judge, Dhaka. Accordingly, the appeal is allowed. Ed. ......pali Bank, a Nationalished Bank, Branch at Fakirapool, lodged first information report in the Motijheel Police Station against the respondent No.1 alleging forgery and mis‑appropriation of Bank money as well as committing of criminal breach of trust during the period from 25‑7‑1980..Category: Criminal Law | Date: 10 Aug, 2004 | Hits: 84
....rculate the judgment to all banks for guidance.
Parties are directed to bear their own cost.
Send down the records at once.
Ed.
This Case is also Reported in: 57 DLR (2005) 643.
......rculate the judgment to all banks for guidance.
Parties are directed to bear their own cost.
Send down the records at once.
Ed.
This Case is also Reported in: 57 DLR (2005) 643.
......d Commerce International (Overseas) Limited, briefly BCCI, on 1‑2‑89 instituted the suit in the First Commercial Court at Dhaka against the Bangthai Electrical Industries Limited and others for a money decree of Taka 74,093,709.26 and also for declaration that the property of defendant Nos.1, 4 ..
Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4
Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)
....ellant. If no deposit is made within that period the appeal stands dismissed. Let the lower Courts records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 310. ......those permissions. But the appellant did not act accordingly. On 20‑6‑1993 plaintiffs went to the house of the appellant and requested him to execute and register the sale deed receiving the rest amount of Taka 52,00,000. But the appellant replied that the value of the suit property has risen so...... and the appellant on 31‑7‑1968 took lease of the same and constructed building therein by approving plan from the DIT. Defendant wished to purchase another property of more output and to procure money for the same he advertised to sell the suit property and respondent Nos.1 and 2 agreed to purc..Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....t No.5 of 1985 is hereby upheld. Send down the lower Court's Record at once. Ed. This Case is also Reported in: 57 DLR (2005) 702. ......t in the possession in fact. Possession denotes the relationship between a person: (a) some actual power over the object possessed i.e. physical (corporeal) control or actual possession; and (b) some amount of will to avail oneself of that power that is the desire to possess (animus). Thus, it expre......t No.5 of 1985 is hereby upheld. Send down the lower Court's Record at once. Ed. This Case is also Reported in: 57 DLR (2005) 702. ..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
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