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....nt Nos.2, 3, 4 and others as defendants for realisation of outstanding dues amounting to Tk. 16.69,449.23 as on 31.12.95 and other necessary reliefs. The suit was ultimately heard and decreed ex parte on 14.11.1999 in favour of the plaintiff bank. The preliminary decree was drawn up on 18.11.19......discharged and the Rule in Writ Petition No.5961 of 2004 is made absolute.
There will be no order as to costs.
Ed.
This Case is also Reported in: 29 BLD (HCD) (2009) 284.
......126 of 2000 has made the decree in the other two suits in executable. The respondent bank in Writ Petition No.5961 of 2004 submits that unless the certificate of title is issued in favour of the loanee bank the bank will be unable to realise the decretal amount. Thus, the order of issuance of t..
Category: Banking Law | Date: 12 Mar, 2007 | Hits: 6
Most. Azmiri Begum and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....00684 acres by inheritance from Seraj Mia through father and 0.00973 6 acre by purchase from other co-sharers like mother Rehaton Bibi and sister Dud Meher total being 0.01657 acres and on amicable partition petitioners' predecessor, late Amir Hossain obtained 0.0219 acres of land from western si......y of Land and Respondent No.2 Director General, Land Record and survey Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 400. ......y of Land and Respondent No.2 Director General, Land Record and survey Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 400. ..Category: Property Law | Date: 7 Mar, 2007 | Hits: 10
Safazuddin and another Vs. State, 2007, 36 CLC (HCD)
....h Md. Ibrahim Khalil, Assistant Attorney-General and Shirin Afroz, Assistant Attorney-General - For-State-Respondent. Criminal Appeal No.2909 of 2004. Judgment AK Badrul Huq J.- Rape apart from being a dehumanizing act is an unlawful intrusion on the right of privacy and sanctity of ......ond furnished by him stands discharged/cancelled. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 321, 13 BLC (HCD) (2008) 271. ......ond furnished by him stands discharged/cancelled. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 321, 13 BLC (HCD) (2008) 271. ..Category: Women and Children | Date: 28 Feb, 2007 | Hits: 75
Md. Afazuddin Vs. Md. Ataur Rahman & another, 2007, 36 CLC (AD)
....o appeal were preferred by the defendant No. 1 appellant. 8. Thus it appears that the plaintiff was always willing and ready to pay the balance consideration money and there is no latches on his part but he could not tender the balance consideration money earlier as up to 1992 income tax clea.......50,000/- (fifty thousand) as further soletium in favour of the appellant within 3(three) months from the date of receipt of the copy of the judgment. Ed. This Case is also Reported in: .......50,000/- (fifty thousand) as further soletium in favour of the appellant within 3(three) months from the date of receipt of the copy of the judgment. Ed. This Case is also Reported in: ..Category: Contract Law | Date: 7 Feb, 2007 | Hits: 272
Hafizuddin and another Vs. Moherjan & Others, 2007, 36 CLC (HCD)
....Court Division (Civil) Present: ABM Khairul Haque J Hafizuddin and another……………………Petitioners Vs. Moherjan & Others……………………Opposite parties Judgment January 16, 2007. Result: The Rule is discharged. General......nj, is directed to dispose of the other class suit as expeditiously as possible after notifying all the concerned parties. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 88. ......nj, is directed to dispose of the other class suit as expeditiously as possible after notifying all the concerned parties. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 88. ..Category: Procedural Law | Date: 16 Jan, 2007 | Hits: 3
State Vs. Shahid Javed Gaira @ Garib Miah and others, 2006, 35 CLC (HCD)
.... Vs. Shahid Javed Gaira @ Garib Miah and others……………………………Opposite Parties Judgment August 29, 2006. Result: The Death Reference No.119 of 2004 is accepted in part. The Jail appeal No.923 of 2004 is dismissed. Jail Appeal No.922 of 2004 is abated. Cr......tiff, had filed a Civil Suit No.230 of 2002 against her. She stated that a false case had been filed against her husband because she was a witness in this case and denied having received any money as payment for sale of land. 13. Abul Hossain, deposing as P.W.5, stated in his examination-in-chief......mmissioner, Dhaka for taking necessary steps as directed in the body of this judgment. Send down the lower Court records at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 198. ..Category: Criminal Law | Date: 29 Aug, 2006 | Hits: 31
R.K. Jute Mills Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....levyable at a point of time when the goods are taken out of the warehouse and in the instant case the finished goods were destroyed by accidental fire and therefore, there was no occasion on the part of the petitioner to take the goods out of the warehouse and thus overlooking this aspect ......nsation for the lost goods after taking into consideration the price quoted by the Excise Department, B.J.M.C. and B.G.A. at the relevant time which included the excise duty. Thus it appears that the payment, which has been received by the petitioner as compensation for loss of finished goods includ......e claim at Tk. 1,35,29,425.00. But ultimately the insurance company settled the claim by paying Tk. 1,11,56,510.00 out of the total claim of Tk. 2,00,00,000.00. The settled amount was credited in the loan account of the petitioner company maintained with the Janata Bank as the goods were hypothecate..Category: Business or Commercial Law | Date: 3 Aug, 2006 | Hits: 5
....1992 passed by the Subordinate Judge (now Joint District Judge), Jamalpur in O.C. Suit No.29 of 1986 decreeing the suit and sending back the suit on remand for retrial.
2. The opposite party nos.1-13 as plaintiffs filed Title Suit No.29 of 1986 in the Court of Subordinate Judge, ......e of the plaint originally belonged to Sarat Sundari Chowdhurani, who sold the same to Dijendra Lal Roy by a registered deed of sale dated 19.12.1917; that Dijendra Lal Roy possessed the suit land on payment of rent; that his name was recorded in the S.A. Khatian as the owner of the land; that he gi......992 is hereby affirmed.
Send down the lower Court's records at once with a copy of this judgment for information.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 488.
..
Category: Abandoned Properties Law | Date: 24 Jul, 2006 | Hits: 21
Nani Gopal Hazra Vs. Sree Nagendar Nath Roy and others, 2006, 35 CLC (HCD)
....n the Court of District Judge, Rajshahi, for revocation of Probate granted on 12.04.1974 arising out of Will dated 13.02.1972. 3. The case of the petitioner, in short, is that principal opposite party No.1, Negendra Nath Roy, obtained Probate of last will and testament of Mokshoda Bala Dasaya (......missing the same is set aside and the Misc. case No.58 of 1972 is allowed. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 540. ......missing the same is set aside and the Misc. case No.58 of 1972 is allowed. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 540. ..Category: Hindu Law, Property Law | Date: 19 Jul, 2006 | Hits: 15
Syed Jasimuddin and others Vs. Moulana Abu Musa Siddique & others, 2006, 35 CLC (HCD)
....mal Amroohi Chowdhury, Advocate — For the Opposite Parties. Civil Revision No. 5241 of 2002. Judgment Moyeenul Islam Chowdhury J. - This Rule was issued calling upon the opposite parties to show cause as to why the impugned judgment and decree dated 31-7-2002 passed by the Senio......ove their bonafide requirement of the suit shop house and of rebuilding the same. On this point, the finding of the SCC Judge is knocked down. 19. As to the question of default in making monthly payment of rent to the opposite-parties by the petitioners, it has been admitted in clear, unequivoc......d in the body of this judgment. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 518. ..Category: Civil Law | Date: 2 Jul, 2006 | Hits: 4
....Bond/96/17407, evidenced by Annexure-E to the Writ Petition, is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 471.
......e was issued calling upon the Respondents to show cause as to why the Notice being Nothi No.5(13)87/Cus-Bond/96/17407 dated 29.8.2005, evidenced by Annexure-E to the Writ Petition demanding payment of Tk. 2,14,50,715.00 should not be declared, to be issued without lawful authority and of n......Bond/96/17407, evidenced by Annexure-E to the Writ Petition, is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 471.
..
Category: Business or Commercial Law, Civil Law | Date: 25 May, 2006 | Hits: 5
Abdul Mannan Khan (Md.) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....ing engaged in public interest litigation to ensure and enhance public awareness of the duties and obligations of Government agencies and increase accountability and transparency of State actions, is particularly concerned to note that the respondent No.4, former President Hossain Md. Ershad, along ...... President of the country and he thereby obtained pecuniary advantage for himself and others and committed criminal misconduct under section 5(1)(d) of the Prevention of Corruption Act of 1947. The payment of Taka six and half crore for construction of building on the said land was disproportionat......te a copy of the judgment and order at once to the concerned authority for information and necessary action in accordance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 657. ..Category: Criminal Law | Date: 25 May, 2006 | Hits: 43
....………Respondent
Judgment
May 9, 2006.
Result:
The Rule is
discharged.
Obligations
of an agent
An agency relationship
will arise from an agreement particularly from a contract, the express or implied
terms of which govern the rights and liabili......ther incorporated in Bangladesh or not,
shall, except with the consent of the commission-
(a) make an issue
of capital in Bangladesh;
(b) Renew or
postpone the date of maturity or repayment of any security maturing for
payment in Bangladesh.
16. Section 2B
envisages t......
In the result, the
Rule is discharged.
Communicate the
judgment and order immediately to the parties concerned.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 57.
..
Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6
Hasmot Ali and others Vs. Chairman, 3rd Labour Court, Dhaka and others, 2006, 35 CLC (HCD)
.... sake of brevity and convenience we would like to discuss, in brief, the respective petitioner's cases separately. In Writ Petition No.1405 of 2004 arising out of I.R.O. Case No.23 of 2001 the 1st party petitioner Hasmat Ali along with other colleagues initially was appointed Aircraft Mechanic o...... working till date. The first party was paid wages @ Tk.65.00 per day for the first term of 90 days and Tk.65.00 again per day for the second term of 90 days as a causal worker on casual basis and payments were made by the Engineering Department. The First Party-petitioner worked for 270 days in......periods will be treated as leave without wages. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 427. ..Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9
Bangladesh Legal Aid and Services Trust (BLAST) Vs. State and four others, 2006, 35 CLC (HCD)
.... representatives for their service. 25. There comes an elected member of Parliament. He is elected from his constituency. He represents all persons in his area irrespective of whatever political party he belongs. 26. By and large, a Parliament is a legislative body and its members are law......es-For the Petitioner Raisuddin Ahmed, Advocate -For Respondent Nos. 3, 4 and 5. Writ Petition No. 2060 of 2001. Judgment ABM Khairul Haque J.- This petition is in respect of non-payment of arrear telephone bills against the Members of Fifth and Seventh Parliaments of Bangladesh......nt. In the result, the Rule is made absolute but without any orders as to cost. Ed. This Case is also Reported in: 60 DLR (2008) 176; 16 BLT (HCD)(2008) 40; 13 MLR (HCD) (2008) 233. ..Category: Constitutional Law | Date: 27 Apr, 2006 | Hits: 131
Rabya Khatun Vs. State and another, 2006, 35 CLC (HCD)
....ith imprisonment for life with a fine of Tk. 20,000/-, in default, to suffer rigorous imprisonment for 3 months more. 2. Shafiullah Patwari (P.W.1), an inspector of the Narcotizes Control Department narrated the prosecution case as follows: Acting on a tip-off, P.W.1, along with force......appellant is found not guilty of the charge and she be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 473. ......appellant is found not guilty of the charge and she be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 473. ..Category: Criminal Law | Date: 18 Apr, 2006 | Hits: 10
Hazi Afsar Uddin Mina and others Vs. Alhaj Sk. Sultan Ali and others, 2006, 35 CLC (HCD)
....o.326 of 1988 (Jessore). Judgment AK Badrul Hug J.- Plaintiffs of Title Suit No.511 of 1986 of the Court of Assistant Judge, Bagerhat Sadar, Bagerhat are Petitioners and Defendants are opposite parties in the Civil Revision Petition laid under section 115 of the Code of Civil Procedure (For sh...... of a petition for compromise in Title Suit No.226 of 1959 on the file of Court of First Munsif, Bagerhat is fraudulent, illegal and not binding upon plaintiffs and, also, insertion of some facts and payment of Court fee and other incidental reliefs. d. Learned Assistant Judge by the order under ...... report compliance of the order of this Court to Registrar of Supreme Court of Bangladesh immediately after the disposal of the Suit. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 303. ..Category: Procedural Law | Date: 18 Apr, 2006 | Hits: 29
Government of Bangladesh Vs. Kalimuddin Pramanic and others, 2006, 35 CLC (HCD)
....t over the suit land as such, the recital “সর্বসাধারনের ব্যবহার্য” in the remarks column of the C.S. khatian was wrong and illegal. 4. After partition, the then Government of East Pakistan took the khas land of the zamindars in its khas poss......t plot Nos.794 and 2546/2583 to anybody. No order as to costs. Send down the L.C. record with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 131. ......t plot Nos.794 and 2546/2583 to anybody. No order as to costs. Send down the L.C. record with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 131. ..Category: Property Law, Tenancy Law | Date: 28 Mar, 2006 | Hits: 4
Kishore Kumar Dutta Vs. State, 2006, 35 CLC (HCD)
....ং উক্ত দণ্ডের অতিরিক্ত অর্থদণ্ডেও দণ্ডনীয় হইবেন;” 25. Reading of section 11 (Kha) indicates that there are two parts in section 11 (Kha) Under First part an accused persons shall stand sentenced to imprisonment ......atan Daman Ain of 2000 (For short Ain of 2000) and consequential sentence of seven (7) years rigorous imprisonment and a fine of Taka 3,000/- and further imprisonment for two (2) months in default of payment of fine convict Kishore Kumar Dutta presented this Petition of Appeal before this Court unde......en on bail in the Criminal Appeal, bail bond furnished by him stands discharge. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 174. ..Category: Women and Children | Date: 20 Feb, 2006 | Hits: 127
M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)
....t is to be seen whether the plaintiff have been able to prove contract between the plaintiff and the defendant and whether the plaintiff is ready and willing at all material dates to perform his part of the contract…………………(31) Law under section 101 of the Evidence Act is...... marked exhibit-2, general power of attorney marked exhibit-4, an agreement for sale dated 10.08.1985 marked exhibit-5 and confirmation letter dated 10.08.1985 regarding the receipt of the part payment of consideration money marked exhibit-6. The plaintiff also filed the letter dated 20.07.19...... liberty to get the sale deed executed and registered through court in accordance with law. Send down the L.C.R. at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 41. ..Category: Property Law | Date: 15 Dec, 2005 | Hits: 8
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