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Jaban Ali (Md) Vs. State, 2002, 31 CLC (HCD)
.... any other case. The trial Court is at liberty to cancel the bail in case of any misuse of the privilege of bail by the accused appellant. Ed. This Case is also Reported in: 56 DLR (2004) 89....... any other case. The trial Court is at liberty to cancel the bail in case of any misuse of the privilege of bail by the accused appellant. Ed. This Case is also Reported in: 56 DLR (2004) 89.......na Bibi with the accused appellant was solemnised for the first time on 26‑5-1996 according to Muslim Shariat Law. But after 3 weeks of the marriage parents of the accused appellant claimed dowry money of a sum of Taka 50,000 and also tortured the complainant. She paid the said sum of Taka 20,00..Category: Women and Children | Date: 10 Feb, 2002 | Hits: 79
Hazrat Khan @ Hazrat Ali Khan Vs. State, 2002, 31 CLC (HCD)
.... evidence of the PWs from any reliable and independent source, as a result of which an element of doubt looms large and it leads to the inevitable impression that the prosecution did not give out the whole truth to the Court for unknown reasons. In the face of the clear and definite medical evidence......itable impression that the prosecution did not give out the whole truth to the Court for unknown reasons. In the face of the clear and definite medical evidence, it is impossible to conclude with any amount of certainty, that death of Asaruddin was caused by accused Hazrat Ali Khan by cutting his th......ua Police Station. During the tenure of the mortgage informant Syed Mozaharul Haque purchased the mortgaged land in the month of Chaitra, 1390 BS from mortgagee Moklesur Rahman, who paid the mortgage money to accused Maruf Khan. Consequently, accused Maruf Khan became a bargader under Moklesur Rahma..Category: Criminal Law | Date: 6 Feb, 2002 | Hits: 29
State Vs. Abdus Samad @ Samad Ali, 2002, 31 CLC (HCD)
....tly take up the first point to determine whether examination of PWs 1 to 4 without obtaining the medical report as to whether the condemned prisoner was fit to stand the trial vitiated the trial as a whole. We have already stated the relevant facts in this regard. In order to properly appreciate thi......f the matter, the Reference is rejected and the connected jail appeal is dismissed with the modification of sentence as stated above. Ed. This Case is also Reported in: 54 DLR (2002) 590. ......in-law from the house of his father-in-law on the date of occurrence. This witness also stated that she suspected that the condemned prisoner committed the crime as they protested against his sending money to the house of his father-in-law. This witness stated in cross-examination that the condemned..Category: Criminal Law | Date: 2 Feb, 2002 | Hits: 115
Abdul Rashid Vs. Santi Bhusan Deb and others, 2003, 32 CLC (AD).
.... This petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 86. ...... 1,32,000 only; both the parties entered into an agreement. The agreement dated 8‑4‑1993 was executed and registered in the sub‑registrar's office Brahmanpara on the same day and an amount of Taka 50,000 as earnest money was paid to the defendants on the said date; it was stipulate......entered into an agreement. The agreement dated 8‑4‑1993 was executed and registered in the sub‑registrar's office Brahmanpara on the same day and an amount of Taka 50,000 as earnest money was paid to the defendants on the said date; it was stipulated that after collecting money wit..Category: Property Law | Date: 26 Jan, 2002 | Hits: 100
Moni Begum @ Moni Vs. The State, Represented by the Deputy Commissioner, 2001, 30 CLC (HCD)
....gistrate Dhaka in Complaint case No.1807 of 1999 and complaint case No.2261 of 2000 in the absence of the High Police Officer and Police representative. Ed. This case is also Reported in: ......atter, he is a police officer or does not come into picture at all and could not be present at the time of Judicial Inquiry. The presence of the representative of the accused Police Personnel’s amount to the presence of the accused Police Personnel’s themselves who stand arraigned for of......gistrate Dhaka in Complaint case No.1807 of 1999 and complaint case No.2261 of 2000 in the absence of the High Police Officer and Police representative. Ed. This case is also Reported in: ..Category: Constitutional Law, Procedural Law | Date: 11 Dec, 2001 | Hits: 7
Shankar Lal Das Vs. Janata Bank and others, 2001, 30 CLC (HCD)
....he judgment debtor, the execution will only proceed to recover the amount in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 371. ......-1-85 to 25-8-90. It was claimed in the application that on the showing of the Bank, the trucks were earning Taka 1000 daily and the Bank might have earned about Taka 40,46,000 during the period. The amount was far greater than the decretal debt. Yet the Bank was not returning the trucks. Rather, th......ion upon the receiver for handing over the Blue Book and Road Permit. As the Bank could not get said papers, the truck could not be run. It is also the case of the Bank that the Bank did not earn any money out of trucks. 10. The application was heard on 11-8-94. Hearing the parties, the executi..Category: Banking Law | Date: 18 Nov, 2001 | Hits: 146
Hussain Mohammad Ershad Vs. Zahedul Islam Khan and others, 2001, 30 CLC (AD)
....to interfere with the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 1. ...... Zahedul Islam Khan and others............. Respondents Judgment August 22, 2001. Result: The appeal is dismissed. Offences under the Prevention of Corruption Act, 1947 amounts to moral turpitude. Whenever a member of the Parliament is convicted of such an offence and ......h has been upheld by the Appellate Division. The petitioner lost his seat in the parliament as he has incurred disqualification as provided under Article 66 of the Constitution. Embezzlement of State money by a person who was the President of the country and using the same for his personal benefit o..Category: Anti-Corruption Laws | Date: 22 Aug, 2001 | Hits: 111
Dudu Mia and others Vs. Ekram Miah Chowdhury and others, 2002, 31 CLC (AD)
....r Class Suit No. 1969 are restored. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 7. ......r Class Suit No. 1969 are restored. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 7. ......ally, filed a compromise petition therein and the suit was decreed on the basis of the compromise petition, that defendant No. 1’s mother purchased one-third land of the Schedule 2 with her own money for her own interest and also for his interest, that the plaintiff and his 2 brothers Emdad Mi..Category: Civil Law | Date: 5 Aug, 2001 | Hits: 136
Sahera Khatun and others Vs. Abdul Gaffar @ Abdul Gaffar and others, 2003, 32 CLC (AD).
....sp; The appeal is accordingly, dismissed without costs. Ed. Same Case Cited in: 55 DLR (AD) (2003) 79. ......e Property to facilitate execution of the case. The executing Court can neither go beyond nor behind the decree to supply the specification which is not there in the decree itself. Because that would amount to usurping the jurisdiction of the trial Court. The present decree, in the absence of necess......sp; The appeal is accordingly, dismissed without costs. Ed. Same Case Cited in: 55 DLR (AD) (2003) 79. ..Category: Procedural Law | Date: 8 Jul, 2001 | Hits: 91
BD Water Dev. Board & ors Vs. Chairman, Divisional Labour Court, Khulna & ors, 2003, 32 CLC (AD)
....sation of the benefits consequent upon retirement of the deceased worker, the predecessor of the respondent Nos. 2(a) to 2(e). The petition is accordingly, dismissed. Ed. ...... each completed year of service in addition to any other benefit as may be permissible under the said Act for the time being in force and the worker upon his retirement not being paid off the said amount, is entitled to realise the same under the provision of Payment of Wages Act, 1936 as the&sh......sation of the benefits consequent upon retirement of the deceased worker, the predecessor of the respondent Nos. 2(a) to 2(e). The petition is accordingly, dismissed. Ed. ..Category: Employment/Service Law | Date: 4 Jul, 2001 | Hits: 78
MA Mazid Vs. Md. Abdul Motaleb, 2001, 30 CLC (HCD)
....wali) now pending in the Court of Magistrate, 1st Class, Dinajpur is hereby quashed. Send a copy of the judgment to the Court concerned. Ed. This Case is also Reported in: 56 DLR (2004) 636. ...... to know that the accused petitioner had no right to sell the said land. So, Abdul Motaleb requested the accused petitioner to return back the money. Accused petitioner gave him a cheque for the said amount on 24‑8‑1996. Abdul Motaleb deposited the said cheque in the bank on 8‑4-1997 for encas...... the constituted attorney of one Abdul Motaleb. The accused petitioner made a contract to sell some land to Abdul Motaleb at a consideration of Taka 3,50,000 and Abdul Motaleb paid that consideration money in advance to the accused petitioner. But subsequently, Abdul Motaleb came to know that the ac..Category: Banking Law | Date: 3 Jul, 2001 | Hits: 267
Privatisation Board Vs. AK Fazlul Huq & ors., 2003, 32 CLC (AD).
....ment is otherwise legally sustainable, hence on modification of that part of judgment and order of the High Court Division by way of deleting the same the petition is dismissed. Ed. ......ained in the Letter of Intent dated 11th February, 1999 with the petitioner issued by the respondent No.1 Privatisation Board has been breached and also making direction to the respondents to pay the amount of Taka 4,00,02,499.75 to the writ petitioner on or before 9th November, 2000 in default peti......sell Kohinoor Battery Manufacturers Ltd at 143145, Tejgaon Industrial Area. The respondent No. 1 submitted tender for purchasing the same quoting Taka 16,00,9990 and accordingly paid the earnest money of Taka 40,00,250 and he became highest bidder, that Board issued letter of intent dated 11 Fe..Category: Business or Commercial Law | Date: 24 Jun, 2001 | Hits: 135
Abdur Noor and others Vs. Mahmood Ali and others, 2002, 31 CLC (AD)
.... interference. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 67. ...... interference. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 67. ......ntly at the intervention of the salish defendant No.2 paid rent for the month of Poush 1391 BS to the plaintiff but he did not grant any receipt and the rent for the month of Magh 1391 BS was sent by money order which was returned on 26th February, 1985. The contesting defendant prayed for dismissal..Category: Tenancy Law | Date: 3 Jun, 2001 | Hits: 75
Gazi M Towfic Vs. Agrani Bank and others, 2001, 30 CLC (AD)
....cree. The High Court Division therefore rightly rejected the application summarily. The leave petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 6. ......dgment and decree of the Artha Rin Adalat does not arise at all. It was submitted by the Advocate that to prefer an appeal against the judgment and decree of the Artha Rin Adalat half of the decretal amount had to be deposited before filing the appeal and, as such, it was not an efficacious remedy. ......cree. The High Court Division therefore rightly rejected the application summarily. The leave petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 6. ..Category: Business or Commercial Law | Date: 29 May, 2001 | Hits: 145
Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)
....mmunicated to Mr. Md. Nurul Islam then Subordinate Judge, Dhaka by name at his present assignment for his perusal and future guidance. Ed This Case is also Reported in: 54 DLR (2002) 364. ......2,000 as price of land, at a time or by instalments on the further stipulation that the first instalment was required to be paid within 30 days from the date of issuance of the letter and the balance amount of the price to be paid by six monthly instalments. It was further stipulated that in case of......eed on payment of the entire consideration, if it was found that the affidavit affirmed by the allottee was false, the Ministry of Works reserves the right to cancel the allotment on confiscating the money paid by him. It clearly mentioned that the allotment letter did not confer any right upon the ..Category: Evidence Law | Date: 21 May, 2001 | Hits: 183
Hosna Ara Begum others Vs. Montaj Ali and ors. 2003, 32 CLC (AD).
....sion in Civil Revision No. 1200 of 1996 are set aside and the judgement and decree dated 8-11-1995 passed by the SCC Judge, Sadar, Sylhet, in SCC Suit No. 3 of 1992 are restored. Ed. ......sion in Civil Revision No. 1200 of 1996 are set aside and the judgement and decree dated 8-11-1995 passed by the SCC Judge, Sadar, Sylhet, in SCC Suit No. 3 of 1992 are restored. Ed. ......ate for the appellants. We have quoted portion of the deposition of DW 1 wherein he admitted that he sent rent by post for the month of August, 1991 in the name of the original landlord and the money order was returned on 11-9-91 with the endorsement that the landlord had died and that thereaf..Category: Civil Law | Date: 15 Jan, 2001 | Hits: 163
Abu Zafar Tipu Vs. Syed Abu Siddique, 2000, 29 CLC (HCD)
....C.R. Case No.3643/98 (T.R.No.97/99) now pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 93. ......s of the complaint (who was the Managing Director of the Company) taking advantage of such illness and absence of the complainant who went abroad for treatment, the petitioner misappropriated huge amount of Tk. 86,00,232/- of the company. Thereafter, an Arbitration Board was constituted and the ......C.R. Case No.3643/98 (T.R.No.97/99) now pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 93. ..Category: Procedural Law | Date: 16 Nov, 2000 | Hits: 3
Abdur Rouf Chowdhury Vs. Abdul Hashem (Hashu) and another, 2000, 29 CLC (HCD)
....o ascertain how many structures are there in the suit properties and what are their nature and character and who are in occupation, residing therein and how they are residing and what are the size of whole structures therein in the suit land where they are located to be shown in a hand sketch map if......sale deed in respect of the suit land. Subsequently, Mr. MS Islam changed his mind and agreed to sell the suit land to the plaintiff and then on receipt of Taka 2,50,000.00 out of total consideration amount of Taka 15,00,000.00, baina was executed on 10-12-89 and possession of the said suit land was......by baina dated 15-4-80 agreed to sell the Suit land along with other lands to Mr. Mohshahid Ali Chowdhury, the father of the plaintiff, and also received Taka 8,50,000.00 as part of the consideration money but subsequently, Mr. MS Islam, while executing a deed of sale on 5-1-81 in favour of Mohshahi..Category: Property Law | Date: 17 Oct, 2000 | Hits: 136
State Vs. Babul Hossain, 2000, 29 CLC (HCD)
....t an advance order of release in respect of the condemned prisoners be sent to the District Magistrate, Chandpur. Send down the records. Ed. This Case is also Reported in: 52 DLR (2000) 400. ......ion case as narrated by the informant (P.W.1) in short, is that about 3/3½ years back his sister Taslima Begum was given in marriage with the accused Babul Hossain; that at the time of marriage cash amount of taka 15,000.00 and gold ornaments were given to Taslima and after one year of the marriage...... her parents’ house, that after holding of a Salish informant’s sister went back to the house of her husband; that in the Salish it was decided that in case of accused Babul Hossain’s arranging money forgoing abroad he would be paid taka 30,000.00 as asked by him; that 15 days prior to the inc..Category: Women and Children | Date: 4 May, 2000 | Hits: 115
Category: Family Law | Date: 1 Jan, 2000 | Hits: 240