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State Vs. Moslemuddin (Md), 2004, 33 CLC (AD)
....tence is illegal". In view of above position we fined no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed.  Ed. ......section 403 of the Penal Code and section 5(2) of the Prevention of Corruption Act, II of 1947 by which the respondent was convicted by the Tribunal and was sentenced to suffer rigorous imprisonment for one year separately under both the sections and to pay a fine of Taka 1000/on both counts, in de......‘90 and thus the respondent Tahsildar misappropriated Taka 21,137.81. The defence case appears to be that there being no safe custody in his Tahsil Kachari the respondent Tahsildar, after keeping the money in the safe custody of Jamurki Tahsil Kachari, went home and subsequently he deposited the mon..Category: Anti-Corruption Laws | Date: 19 Jan, 2004 | Hits: 96
Abdus Sobhan Mandal (Md) Vs. Md. Jonab Ali Fakir & others, 2005, 34 CLC (AD)
..... We are fully in agreement with the above findings of the high court Division. For all the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......olved: Shahidul Islam, Advocate, instructed by Md Nawab Ali, Advocate‑on‑ Record ‑ For the Petitioner. Not represented-The Respondents. Civil Petition for Leave to Appeal No. 1368 of 1999. (From the judgment and order or dated 23rd May, 1999 pa......fer is an out and out sale though a camouflage as been attempted to hold the deed as a deed of exchange assessing the value of the land at Taka 3,332.00 and directed the pre-emptor to deposit the aid money to the credit of the pre-emptee, after deducting the money already deposited in the Court. Aga..Category: Civil Law | Date: 18 Jan, 2004 | Hits: 264
Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)
....n two unsuccessful bidders in an international, tender and consequently they were not entitled to invoke the jurisdiction of the High Court Division under Article 102 of the Constitution basing their claim in a contract; their remedy, if any, lay in a civil court; that in order to camouflage the iss......ilders and Engineers Ltd. 51 DLR (AD) 56. Lawyers involved: TH Khan, Senior Advocate, QC Ajmalul Hossain, Senior Advocate with him, instructed by, Md. Aftab Hossain, Advocate‑on‑Record-for the Appellants. Mahmudul Islam, Senior Advocate, Ziaur Rahman Khan, Advocate and Prober N...... Ltd explained this in a letter written to the Minister for Water Resources by letter dated 1 January 2003; as the writ‑respondents did not comply with the request to save huge foreign exchange and money from the exchequer of the country, the writ‑petitioner’s Counsel in a letter dated 1 Febr..Category: Others | Date: 10 Dec, 2003 | Hits: 261
Govt. of People's Repub. of BD & other Vs. Md. Shamsul Haque & other, 2004, 33 CLC (AD)
.... of 3 months from the date of receipt of the order. 7. Mr. AJ Mohammad Ali, the learned Additional Attorney‑General appearing for the petitioners, submitted that the basis of the claim of writ‑petitioner in respect of case property is an unregistered Bainanama dated 25......as entitled to restoration as ordered. The Abandoned Building (Supplementary Provisions) Ordinance, 1985 (LIV of 1985), Section 10(5) The Court of settlement dismissed the case for default without giving any decision as to whether enlistment of property as abandoned building,...... 10. We do not find any substance in the submission of the learned Counsel for the petitioners for any interference with the impugned judgment and order. The petition is dismissed. Ed. ..Category: Property Law | Date: 7 Dec, 2003 | Hits: 139
Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
....acant till date allotted to persons similarly placed with the petitioners and against them no action has been taken by the respondents" and that the writ respondent Nos. 1 and 2 could not rebut the claim of the writ‑petitioners that their possession of the demised plot was not taken from them. T...... or some other suitable procedure to reconsider or review or to see correctness of its judgement earlier made on furnishing of fresh materials by a party to the case which, according to it, if were before the court the judgement would have been otherwise as article 102 (2) or any other provision of ...... good conscience." 30. In the background of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899
Abul Bashar and ors. Vs. Prafulla Kumar Das & ors., 2004, 33 CLC (AD)
....d by the High Court Division which rejected the same on the finding that no material was placed on the record as to whether the defendants from whom the petitioners are said to have acquired interest claimed any saham or any saham was allotted to them in the Partition Suit No. 28 of 1987. The said D......isions of order 21 rule 29 of the code of civil procedure can not be availed of by the petitioners. The High Court Division as well as the assistant judge were quite correct in rejecting the prayer for stay……………………….(6) Lawye......Division could not be pointed out calling for interference by this Division, the petition is dismissed with cost. The cost is assessed fee of one day hearing of a Senior Counsel. Ed. ..Category: Property Law | Date: 2 Nov, 2003 | Hits: 96
Shah Gauhar Jamil Palash Vs. Shah Md. Mansur, 2003, 32 CLC (HCD)
....respect thereof. The learned Sessions Judge should not have interfered with the initial order of the learned Chief Metropolitan Magistrate without giving the parties an Opportunity to fight out their claim at the final hearing of the proceedings. According to him, the learned Sessions Judge practica......R (Metropolitan Non-General Register) Case No.273 of 2003 should not be quashed and/or such other or further order or orders passed as to this Court might seem fit and proper. 2. Facts, relevant for the purpose of disposal of this Rule, in short, are that Officer‑in‑Charge of Boalia Police ......e impugned judgment and order of the learned Sessions Judge is hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ..Category: Criminal Law | Date: 1 Nov, 2003 | Hits: 1
Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)
....hts of his property is authorised to file a suit seeking declaration of title within six years from the date, the person in whose name record has been wrongly prepared and finally published raises claim on the property on the basis of such wrong record……………&hel......995 of the 1st Court of Subordinate Judge (now Joint District Judge), Gazipur, in Title Suit No. 44 of 1993 dismissing the suit which was filed seeking declaration of title in the land in suit and for a further declaration that names of Ananda Mohan Mondal, Gobinda Chandra Mondal, Fatik Chandra ......; 15. In view of our discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ..Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038
Amir Hossain Vs. Md. Amir Ali and another, 2003, 32 CLC (AD)
....f two deeds, each of taka one lac. The defendant No. 1 in his examination-in-cross clearly admitted the fact that there is no mention of execution of two deeds in the bainapatra itself. The plaintiff claimed that son of the defendant also accepted taka 7,000/- and 5,000/- on two dates on behalf of t......ed by the High Court Division in First Appeal Nos, 13 of 1991 and 79 of 1991. 2. The present appellant Amir Hossain filed Title Suit No. 7 of 1986 against the respondent Md. Amir Ali and others for a decree for specific performance of contract and the respondent Amir Ali filed Title Suit No. 6......g been given a gobye by the subsequent conduct of the parties, the High Court Division erred in holding that the petitioner committed breach of contract in failing to pay up the balance consideration money by 25.2.85 and such error led to an erroneous decision occasioning failure of justice. H..Category: Contract Law | Date: 20 Oct, 2003 | Hits: 256
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....execution and registration of a lease deed from former D.I.T. now RAJUK who is said to have acquired property in dispute in a Requisition and Acquisition proceeding. 28. Plaintiff Bank put forward claim that D.I.T. in Land Acquisition Case No.3 of 1963-64 acquired 14.2118 acres equivalent to 43 B...... Sardar, being Dead & others, 1 BCR HCD 393. Lawyers Involved: Shamim Khaled Ahmed with Md. Mofizul Islam, Advocate - For the Appellant. Nahid Yesmin, Assistant Attorney General - For Proforma-Defendant-Respondent No.4. Muhammad Salahuddin - For Proforma-Defendant-Respondent No.5. ......se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
Harunur Rashid and ors. Vs. State and ors., 2004, 33 CLC (AD)
....; Judgment August 23, 2003. The Penal Code, 1860 (XLV of 1860), Sections 463, 464 & 467 The executant of the sale deed claiming herself the shebait and daughter of the deceased shebait falsely executed the deed herself......Not represented‑‑Respondent No. 1 (In Criminal Petition No. 22 of 2003) Not respondent‑‑Respondent (In Criminal Petition No. 23 of 2003.) Criminal Petition for Leave to Appeal Nos. 22 and 23 of 2003. (From judgment and order dated 25‑8‑2......offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed. Ed. ..Category: Criminal Law | Date: 23 Aug, 2003 | Hits: 85
DU rep. by its VC Vs. Associated Engineering & Drillers, 2004, 33 CLC (AD)
....209;1998 to 26‑8‑1999 the awarded amount was with the bank as Bank Guarantee and, as such, the judgment‑debtor appellant is not liable for the payment of additional amount as claimed by the decree‑holder‑respondent for the period of pendency of the suit, the Mis......tle Execution Case No. 21 of 1998 allowing amendment of the execution application by way of inserting Taka 38,25,141.53 towards interests and costs. 2. This appeal arose out of the suit for a decree of a bill of Taka 1,37,68,309,47 filed on the averments, inter alia, that the appella......rantee and the matter got its finality on 30‑6‑1999 when the leave petition was dismissed by the Appellate Division of the Supreme Court of Bangladesh and during the period the awarded money was secured and covered by deposit of the Bank guarantee and on 16‑8‑1999 the ent..Category: Civil Law | Date: 20 Aug, 2003 | Hits: 291
Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)
.... not specify the element or particulars of fraud but while deposing in the suit tried to put the elements or particulars of fraud beyond the pleading and as such, the evidence so put as to perceive claim of fraud ought not to have been taken into consideration being the evidence beyond the pleadi...... August 18, 2003. Company Matter There is no bar in law for a company which is going to be registered to act in its name or on its behalf prior to registra...... 14. The learned Additional Attorney‑General appearing for the respondent Nos. 2‑7 has submitted that choice of utilisation of the land so allotted is not to be weighed in terms of money but is to be weighed in the context of social welfare or in the context of purpose for which ..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
Debendra Kumar Saha & another Vs. Uttara Bank Ltd, 2003, 32 CLC (HCD)
....lip;………………Opposite Party Judgment August 12, 2003. Result: Both the Rules are discharged. In absence of any registered documents the claim of the defendants-petitioners that they have had been treated as tenant on yearly basis is of ......itions-one is defaulter and another is bonafide requirement. Existence of any one of these two conditions is suffice to eject a tenant. From their own averments the defendants are habitual defaulters for not paying rents for the year 1385‑1386 BS. The Court of appeal below further found that the s...... year 1385‑1396 BS. The defendants went to the Manager of the local branch of the Bank who could not give any satisfactory reply. On being confronted by the defendants, Chandra Shekhar refunded the money he received from the defendants as rents. They were asked to act as per law and thereafter the..Category: Tenancy Law | Date: 12 Aug, 2003 | Hits: 3
....perties. However, by order dated 19‑2‑2000 passed in Miscellaneous Case No.14 of 2000, which was started on the basis of an application filed under Order XXI rule 58 filed by one Rowshan Ara, who claimed ownership on the mortgaged properties, further proceeding of the above execution cast was st......dated 25‑3‑2063 passed by the Joint District Judge and Artha Rin Adalat, 4th Court, Dhaka by which civil warrant of arrest was issued against the petitioner, fixing the next date on 30‑4‑2003 for execution and return of warrant.
2. The case of the petitioners is that he applied to the r...... forward his sister Raushan Ara to file the above Miscellaneous Case No.24 of 2000 and obtained the order of stay. Further, in terms of Order XXI, rule 30 CPC decree having been passed for payment of money, the Court was to pass order for issuing Civil Warrant for arrest of the judgment debtor ..
Category: Civil Law | Date: 11 Aug, 2003 | Hits: 21
Bangladesh Vs. Md. Matiur Rahman and another, 2006, 35 CLC (AD)
....;consider the prayer of the Respondent No. 2 to release the goods to it on payment of the customs duty and other charges and as such we refrain from making any comment as regards the propriety of the claim of the Respondent No. 2 in respect of the goods imported by the Respondent No. 1. 10.&n......nal Attorney General, (Borhanuddin, Deputy Attorney General, with him) instructed by Mvi. Md. Wahidullah, Advocate-on-Rccord-For the Appellants. A.S.M. Khalequzzaman, Advocate-on-Record- for the Respondent No. 1. Rokonuddin Mahmud, Senior Advocate, instructed by Md. Nawab All, Advo......on on acceptance of the customs duty and other levies to be assessed by the Customs Authority is stayed till disposal of the writ petition. There is no order as to costs. Ed. ..Category: Business or Commercial Law | Date: 26 Jul, 2003 | Hits: 128
Hossain Shially (Fakir) Vs. State, 2003, 32 CLC (HCD)
....ce, but came to know about the same from his wife (victim). He denied the defence suggestion that he filed this false case at the instance of enemies of the accused-appellant. 11. PW2, the victim, claimed that the accused appellant used to give ill proposal during the absence of her husband, bu......ing him (accused-appellant) under section 6(1) of the Nari‑o‑Shishu Nirjatan Daman (Special Provisions) Ain, 1995 (hereinafter shall be referred to as said Ain) and sentencing him to imprisonment for life as well as to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for two y...... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 637. ..Category: Women and Children | Date: 19 Jul, 2003 | Hits: 162
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
....r Sharif Aziz to show that the disputed plot of land before its demolition was let out to said Brigadier Sharif Aziz at a rent of Tk. 35,000/- (thirty five thousand) only and therefore the petitioner claimed compensation @ Tk. 35,000/- per month from 30.8.2001 till the whole amount of compensation w......- Amicus Curieas. Contempt Petition No.116 of 2001. Judgment Syed Amirul Islam J.- This rule was issued calling upon the respondent-contemners to show cause as to why a proceeding for contempt of Court should not be drawn up against them and punished accordingly for violatin......at the time of moving the aforesaid writ petition the petitioner did not challenge the acquisition and requisition of the property but submitted that the petitioner is an awardee of compensation money and the petitioner has not yet been paid the entire amount of the award and therefore it ..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
Begum Lutfunnessa Vs. Md. Shafiullah and others, 2003, 32 CLC (AD)
....he same with direction to the defendant No. 1 to refund Taka 12,00,000 to the plaintiff and the defendant No. 3. 2. The suit was for specific performance of an agreement to sell the suit property claimed to have been executed by the defendant No. 1 on November 5, 1973 in favour of the plaintiffs...... Procedure (V of 1908), Section 107(b) It is now the settled principle of law that order of remand should not be made lightly by the superior court and that if materials on record are sufficient for the disposal of the suit in that case the superior court should dispose of the same. But there m...... defendant No. 1 and, he has entered into an agreement with them to sell the said property for a total consideration of Taka 15, 00,000 and upon receiving Taka 7,00,000 out of the total consideration money executed an agreement on November 5, 1973 in the name of the defendant No. 3, Manager of the p..Category: Civil Law | Date: 18 May, 2003 | Hits: 202
Jahanara Begum and others Vs. Hazera Khatun, 2003, 32 CLC (AD)
..... 1-6 who were third party to the suit filed an application before the High Court Division praying for adding them to be defendants in Title Suit No. 27 of 1976 and opposite parties in Civil Revision claiming that their predecessor-in-interest Hazera Khatun entered into an agreement for sale with sa......azlul Karim J.- These appeals by leave are directed against the impugned judgment and order passed by the High Court Division in Civil Revision No. 1967 of 1999. 2. The facts relevant for disposal of these appeals are that appellant in Civil Appeal No. 438 of 2001 as the plaintiff in......ubordinate Judge, Dhaka for specific performance of contract against the present respondent No. 8 who allegedly entered into a contract for sale of the suit property on 12.9.1979 receiving an earnest money of Tk. 30,000/- out of a total considÂeration of Tk. 1,50,000/- and when responÂdent No. 8 t..Category: Contract Law | Date: 12 May, 2003 | Hits: 251
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