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Mst. Ayesha Sultana @ Minu Vs. Md. Shahjahan Ali, 1986, 15 CLC (HCD)
....ce to pay a fine of Tk. 1000/- in default to suffer simple imprisonment for three months. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 140. ......l and shall not be called in question in any Court. (5) Any man who, contracts another marriage without the permission of the Arbitration Council shall— (a) pay immediately the entire amount of the dower, whether prompt or deferred, due to the existing wife or wives, which amount, if......ce to pay a fine of Tk. 1000/- in default to suffer simple imprisonment for three months. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 140. ..Category: Family Law | Date: 17 Mar, 1986 | Hits: 1
Shaikh Obaidul Haq Vs. The State & another, 1986, 15 CLC (HCD)
....ds by issuing the post-dated cheques. On the contrary the post-dated cheques were taken at the instance of the opposite party and ultimately on mutual consent. On reading of the complaint petition as whole and particularly with reference to paragraphs 2 and 5 of the complaint petition as we hav......rder to escape the liability resorted to harass the petitioner by instituting the criminal case No.572A of 1981 under section 420 of the Penal Code alleging that two post dated cheques for total amount of Tk. 1,01560/30 have been dishonored payment by the petitioner's banker and furthe......f the goods against post-dated cheques the petitioner had no intention to pay for the goods received against the post-dated cheques. There is also no statement in the petition that the petitioner had money for payment on a subsequent date. In this respect we may refer to a decision reported in ..Category: Criminal Law | Date: 20 Feb, 1986 | Hits: 1
Latfur Rahman and others Vs. Golam Ahmad Shah and others, 1986, 15 CLC (AD)
....aid by way of advance within 3 months. In default, the contract stands and the decree will be enforced. No order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 242. ......ip. 5. Back to the facts, Maimur Sultan entered into a contract with the plaintiff to sell his residential house. In pursuance of the contract Tk. 6,000/- was advanced and subsequently another amount of Tk. 25,000/- was also paid to defendant. These facts are not denied. An attempt was made i......the contract Tk. 6,000/- was advanced and subsequently another amount of Tk. 25,000/- was also paid to defendant. These facts are not denied. An attempt was made in the trial court to show that the money was taken as loan and the document that was executed was in fact a security bond for the money..Category: Contract Law | Date: 27 Jan, 1986 | Hits: 212
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
....tence prescribed therein. The section reads thus; "Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, altar or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capabl......(10) 82 alleging, inter-alia, that the accused Opposite-party on false promise and assurance that he would manage and provide a job for the petitioner in Saudi Arabia induced him to part with an amount of Tk. 35,000/- (Taka thirty five thousand) on 16.8.1981 against which an acknowledgement rec....... 35,000/- (Taka thirty five thousand) on 16.8.1981 against which an acknowledgement receipt was issued to the petitioner but the accused neither provided the petitioner with any job nor returned the money and thus cheated the petitioner of the said amount of Tk. 35,000/- and illegally misappro..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 3
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
....o the sentence prescribed therein. The section reads thus; "Whoever cheats and thereby dishonestly induces the person deceived todeliver any property to any person, or tomake, altar or destroy the whole or anypart of a valuable security, or anythingwhich is signed or sealed, and which iscapable o.......16(10) 82 alleging, inter alia, that the accused Opposite-party on false promise and assurance that he would manage and provide a job for the petitioner in Saudi Arabia induced him to part with an amount of Tk. 35,000/- (Taka thirty five thousand) on 16.8.1981 against which an acknowledgement rec....... 35,000/- (Taka thirty five thousand) on 16.8.1981 against which an acknowledgement receipt was issued to the petitioner but the accused neither provided the petitioner with any job nor returned the money and thus cheated the petitioner of the said amount of Tk. 35,000/- and illegally misappropri..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 25
Kings Shipping Tra¬ding Co Vs. M/s. L.S. Line & others, 1985, 14 CLC (HCD)
....t the order may be stayed for one month. This order is therefore, stayed for one month. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 30. ......l, he is entitled to realise the claim from the principal defendants and accordingly, he has instituted the suit in the Admiralty jurisdiction of this Court for realisation of the aforesaid amount. He also has filed an application for arrest/attachment of ship 'CHERRY ORIENT", a s......t the order may be stayed for one month. This order is therefore, stayed for one month. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 30. ..Category: Admiralty Law or Maritime Law | Date: 8 Jul, 1985 | Hits: 7
H.N. Fabrics Ltd. Vs. Mallick Textile Industries and others, 1985, 14 CLC (AD)
.... contract which could be enforced by specific performance. In the result this petition is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 126. ...... contract which could be enforced by specific performance. In the result this petition is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 126. ...... dismissed. Breach of contract The plaintiff is to prove the mutuality of the agreement in an action for breach of contract. The idea of the purchase price, the offer of money or money value for the defendant's promise remains the essence of consideration. The plaintif..Category: Contract Law | Date: 15 Jan, 1985 | Hits: 1288
Emran Ali @ Md. Emran & ors Vs. State, 1984, 13 CLC (HCD)
....r Court records be sent down at once. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 1. ......r Court records be sent down at once. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 1. ...... his bidi with a matchstick. Then the said dacoit struck P.W.4 with a hashua on his shoulder and on parts of his body. P.W.3 Mahbul ran away after seeing the occurrence. The dacoits took away all the money from P.W.4 Matiur. On the cries of P.W.3 Mahbul, the informant's uncle P.W.5 Nowsheruddin,..Category: Criminal Law, Evidence Law | Date: 4 Nov, 1984 | Hits: 4
M/s. Gannysons Ltd. & anr. Vs. Sonali Bank & others, 1984, 13 CLC (AD)
..... In view of the above circumstances the-payments in cheques as aforesaid stated to be in satisfaction of the decretal dues seem to be in disregard of the Court's judgment, particularly when the whole matter has been opened up by granting of leave by this Court in Civil Review Petition No. 2 o......annysons Ltd. and even if the company and its properties are released by the Government, the Company which had obtained the loan before being treated as abandoned would have to pay up the decretal amount. In either case the Bank has nothing to lose, but the petitioners' stake will be very high i......8 of 1982 being infructuous will be withdrawn after release of the property within the aforesaid date. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 43. ..Category: Property Law | Date: 20 Aug, 1984 | Hits: 24
Faiz Ahmad Vs. Kazi Abdul Wahab, 1984, 13 CLC (HCD)
.... below are affirmed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 357 ...... below are affirmed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 357 ......the hand of his brother Nazir Ahmed, who is D.W. 5 and the possession of the land was delivered on the same day to Nazir Ahmed. The defendant possessed the land on payment of balance of consideration money. The kabala was executed but the plaintiffs did not go to the S.R. office. On the following da..Category: Civil Law, Others | Date: 13 Aug, 1984 | Hits: 1
Arjuman Ali Vs. Abdus Samad & others, 1984, 13 CLC (HCD)
.... as not being entertainable under Section 526 of the Code of Criminal Procedure. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 62. ...... earlier occasion got the sessions case adjourned on the ground that he would move an application under section 526 of the Code. Subsequently he did not move any such application as a result the bond amount of taka 200/- was forefeited, which he deposited by a treasury challan in the early part of M...... as not being entertainable under Section 526 of the Code of Criminal Procedure. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 62. ..Category: Criminal Law | Date: 2 Aug, 1984 | Hits: 1
Tota @ Tofayzel Hossain Tota @ Tofayzel Hossains Vs. State, 1984, CLC (HCD)
....ore dismissed, and the order of conviction and sentence is upheld. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 74. ......ore dismissed, and the order of conviction and sentence is upheld. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 74. ......t him in fear of instant hurt and committed robbery in respect of 30 items (mentioned it details in the F.I.R) including a pair of ear-rings, one gold ring, 3 wrist watches, harmonium, cash money of Tk. 1100/- clothings etc. worth in all more than Tk. 12,000/-. Thereafter the robbers left ..Category: Evidence Law | Date: 12 Jul, 1984 | Hits: 6
Abdul Hashem Vs. Saleh Ahmed & others, 1984, 13 CLC (HCD)
.... suit thereafter will proceed in its usual course. Fazle Hussain Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 303 ...... suit thereafter will proceed in its usual course. Fazle Hussain Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 303 ......a bainanama dated 24.4.75. In the plaint it was also claimed that defendant No. 1 also gave him possession in the suit property. It was further alleged that at the time of agreement the consideration money was fixed at Taka 40,000/- out of that Taka 38,000/- gave as earnest money and the defendant N..Category: Contract Law, Property Law | Date: 10 Jul, 1984 | Hits: 5
Eastern Maritime & Trading Corpora¬tion Vs. Sea Trade & Cons¬truction Limited, 1984, 13 CLC (HCD)
....the Court is satisfied, by affidavit or otherwise, that the defendant, with intent to obstruct or delay the execution of any decree that may be passed against him. (a) is about to dispose of the whole or any part of his property, or (b) is about to remove the whole or any part of his prope......e the judgment until further orders. The attachment order of the vessel in question shall be vacated, as soon as the defendant No. 1 shall furnish bank guarantee or sufficient surety upon the claimed amount of the suit.” As Civil Rule No. 33(F.M.) of 1984 for stay also arises out of the s......dly, the defendant No. 1 has got no other property in Bangladesh. If the suit be decreed, and if the vessel in question leaves the port of Chittagong at the present stage, then the object of the money suit may be frustrated. Considering these circumstances I think, there is sufficient comp..Category: Admiralty Law or Maritime Law | Date: 12 Jun, 1984 | Hits: 5
Abdul Quddus Vs. Anjuman Khatoon & others, 1984, 13 CLC (HCD)
....ming those of the trial Court. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 312 ......e and stands concluded by the concurrent finding of act of the Courts below. The learned Advocate however submits that in the alleged contract of reconveyance no period was fixed for repayment of the amount and as such it is not enforceable in law inasmuch as it offends against the rule of perpetuit......ed within a reasonable time as provided in section 46 of the Contract Act. He submits that in the instant case the contract was made on 20-10.50 and the plaintiff returned the consideration money in March, 1965 i.e. about 14/1/2 years after the contract. It cannot be said to be a performan..Category: Contract Law, Property Law | Date: 9 Jun, 1984 | Hits: 4
Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)
.... facts and circumstances of the case, there will however be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 7. ......tiff had sustained injury. Hence, the suit. 3. The Suit was contested by defendant No.1. The defence case inter alis is that there were charges against the plaintiff for misappropriation of huge amount of school fund, tempering and interpolation with the Books of Accounts but despite repeated r...... facts and circumstances of the case, there will however be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 7. ..Category: Administrative Law | Date: 12 Apr, 1984 | Hits: 4
Shababuddin & others Vs. Saijuddin & others,1984, 13 CLC (HCD)
.... there will be no order as to costs only before this Court. Send down the records as expeditiously as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 337 ......ding upon the Court. It is like any other evidence and need be considered in the light of the circumstances of each case. 13. It is found by the Court of appeal below that a suit like this would amount so rectification of a document and hence could only be done by a suit filed under section&nbs...... there will be no order as to costs only before this Court. Send down the records as expeditiously as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 337 ..Category: Contract Law, Property Law | Date: 7 Apr, 1984 | Hits: 4
M/s. Haque Brothers (Carbide) Ltd. Vs. Bangladesh Shilpa Rin Sangstha & others, 1984, 13 CLC (AD)
.... on the aforesaid amount of principal and interest calculating from this day till realization. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ......led an application for amendment of their petition whereby their claim was shown reduced as under; 1st loan dollar 1,08,899.55=6 98,495.40 2nd loan dollar 57,866.11=Tk.9, 02 531.83 which amounted to dollar total of dollar 1, 66 765.66 or Tk. 26 01,027.33. 4. Reasons for amendment......hes the appellant's claim that they have paid 4 lacs not once, but twice over on two different occasions. The appellant company could not produce any receipt whatsoever of payment of this amount of money twice over. The mere assertion that they have lost all their papers during the disturbance in ..Category: Procedural Law | Date: 2 Apr, 1984 | Hits: 105
Chatteswari Debi Bigraha Vs. Shirih Chandra Das & others, 1984, 13 CLC (HCD)
....he suit is dismissed without any order as to costs. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 221 ......f a sum of Taka 5,000/- in cash in advance on condition that the defendant would execute and register a sale deed within one year from the date of execution of the agreement on receipt of the balance amount of Tata 47,000/- from the plaintiff (In the agreement Ext. 2 none of the aforesaid dates 26.7......he suit is dismissed without any order as to costs. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 221 ..Category: Property Law | Date: 1 Apr, 1984 | Hits: 2
Trustees of the Port of Chittagong Vs. K. Mahbub Hossain & others, 1984, 13 CLC (HCD)
....l realisation from the date of institution of the suit. Mohammed Habibur Rahman J. - I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 292 ......urt, Chittagong in Money Suit No. 130 of 1972. The respondent No. 1 as plaintiff instituted Money Suit No.130 of 1972 in the Third Court of Subordinate Judge, Chittagong for satisfaction of his claim amounting to Taka 14,108.22 paisa as market price of the Car and interest by way of compensation at ......t four issues were framed which are as follows:-- 1. Is the suit maintainable in its present form? 2. Is the suit barred by limitation? 3. Is the plaintiff entitled to get a decree for money? If so to what extent and against whom ? 4. What relief, if any, is the plaintiff entitle..Category: Contract Law | Date: 14 Mar, 1984 | Hits: 3
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