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Kazi Shamsul Huq & others Vs. Robeya Begum & others, 2006, 35 CLC (AD)
....Leave to Appeal No. 689 of 1996 was dismissed on 16.03.1997 whereupon the judgment-debtor filed Civil Review Petition No.14 of 1997 but the same was dismissed for default on 16.11.2000. The decree-holder, however, filed Title Execution Case No.3 of 2002 on 08.06.2002 through bonafide mistake for......r in the review application shall apply and the provision of Article 182(5) of the Limitation Act is not applicable. The appeal is accordingly allowed without any order as to costs. Ed. ..Category: Procedural Law | Date: | Hits: 93
S. M. Emdadul Hossain (Bulbul) Vs. Jinnur Hosain and another, 2005, 34 CLC (AD)
.... order dated 26.07.2003 passed by the High Court Division in Criminal Miscellaneous Case No. 8491 of 2001 is stayed for a period of 6 (six) months from dated. Ed. This Case is also Reported in: ......nt before the learned Chief Metropolitan Magistrate, Dhaka alleging commission of offence under section 138 of the Negotiable Instrument Act (as amended) in short the Act, stating, inter alia, that a cheque dated 09.02.1999 for a sum of TK. 25,00,000/- was issued by the accused petitioner which bein..Category: Criminal Law | Date: | Hits: 36
Mahbubur Rahman Vs. State, 2005, 34 CLC (AD)
....80 on further fictitious petition filed in the name of the Oliur Rahman, the ordinary savings account was converted into a cheque account and a cheque book was issued in the name of aforesaid account holder and on that date co accused Majibul Hoque and the petitioner Mahbubur Rahman worked as Assist......e, Assistant Post Master and the petitioner as a ledger clerk and on 09.01.1980 on further fictitious petition filed in the name of the Oliur Rahman, the ordinary savings account was converted into a cheque account and a cheque book was issued in the name of aforesaid account holder and on that date..Category: Criminal Law | Date: | Hits: 50
Md. Nurul Amin Vs. Md. Ismail and other, 2006, 35 CLC (AD)
....rol; that as per terms and conditions of the said partnership deed, the respondent No.1 failed to pay TK.15,00,000/- to the petitioner as a precondition of respondent No 1's becoming 30% share holder. It was alleged that instead of payment being made to the petitioner the respondent No.1 st......) months. The petitioner is permitted to add additional grounds. However, the proceedings before the lower Court below shall continue in accordance with law. Ed. ..Category: Property Law | Date: | Hits: 31
Chief Engin, Dredger Direct, BD Water Dev. Board. Vs. Chairman, 2nd Lbour Court, 2006, 35 CLC (AD)
..... 2 is not entitled to get the sale of Tk.470-1135 with out obtaining second class mastership certificate as per Finance Ministry's circular dated 01-01-1981. since the respondent No. 2 being holder of third class certificate at that time the question granting him scale of Tk. 470-1135 does......ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 55
Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and others, 2006, 35 CLC (AD)
....ried to prove their case of settlement by Taresh Mondal alias Taresh Haider son of Kuran Mondal alias Kuran Haider through the evidence of D.W.3 who is nephew of Jitu Mondal, the alleged settlement holder. The witness has stated that he is unable to say the date and the year of settlement by Tar......n established by the plaintiff that Jairuddin did not surrender his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ..Category: Property Law | Date: | Hits: 35
Md. Faruque Reza and another Vs. Most.Hossena Ara Begum and others, 2008, 37 CLC (AD)
....d and that order of stay is still in force. If is further contended that the instant application for execution was barred by limitation so the same was liable to be dismissed. 3. The decree-holder respondents filed an application for rejection of the said application as not maintainable. ......is hereby approved. 9. In view of the above, there is no substance in the submission of the learned Advocate-on- Record for the petitioners. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 34
.... in favour of the above Md. Nasiruddin; the above appointment of Md. Nasiruddin as attorney were not in accordance to the terms of the deed of bequest dated 17.1.1931; Md. Nasiruddin, as attorney holder of Kali Kishore Dutta, Kali Prasanna Dutta and Kali Sankar Dutta, compromised the above suit ......o the decision of the High Court Division does not call for any interference.
The petitions are dismissed.
Ed.
This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07.
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Category: Civil Law | Date: | Hits: 111
Sonali Bank Vs. Mahbubul Amin and another, 1989, 18 CLC (AD)
....J ATM Afzal J Mustafa Kamal J Sonali Bank………………………….….………………..Judgment debtor Appellant. Vs. Mahbubul Amin and anr...........................Decree holder-Respondents. Judgment December 5, 1989. Result: The appeal is dismissed. Th......sion upon correct view of the law and fact discharged the rule. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 107. ..Category: Civil Law | Date: | Hits: 113
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
....held or at least purported to be held by a person before an order can be made to show under what authority he claims to hold that office. To 'hold', among others, means to 'possess', to 'occupy' and 'holder' means occupant of office (vide the Concise Oxford Dictionary of Current English). Admitted...... result, therefore, the appeal is allowed and the impugned judgment set aside without any order as to costs. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ..Category: Election Law | Date: | Hits: 130
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....ting possession thereof or a case in which a decree for possession has been granted or a permanent injunction granted restraining the opposite party from interfering with the possession of the decree-holder, falls outside the jurisdiction of a Magistrate under section 145 Cr.P.C. In such a case if......s time to have recourse to the protection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ..Category: Criminal Law | Date: | Hits: 105
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....olding lands contiguous to the land transferred. In course of trial pre-emptors abandoned their claim of pre-emption in respect of three plots as they were not in a position to prove that they were holders of lands contiguous to those plots. Therefore, they had to confine their claim to the rest o......of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ..Category: Property Law | Date: | Hits: 32
Controller of the Customs and ors Vs. Shamsur Rahman, 1978, 7 CLC (AD)
....itions being that the goods imported must not be utilized for any purpose other than the industrial consumption by the licencee. In the licence itemwise it was mentioned that it authorised the permit holder to import Cold Storage Machinery including compressor, electric motor wires, cables and acces......he appeal is allowed and the order appealed against is set aside. We direct the writ to be recalled. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 60. ..Category: Fiscal/Taxation Law | Date: | Hits: 68
Matiur Rahman Vs. Habibur Rahman and others, 2006, 35 CLC (AD)
....g the possession under the Government but without any lease or right thereof. His possession is no better than that of a squatter or a trespasser as against the claim of the plaintiff, a settlement holder in the suit land. 7. In view of the above, we do not find any substance in the submi...... holder in the suit land. 7. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. 8. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 24
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
....the decree was obtained by false representation or suppression of facts, provided the person so applying for a reversal of the decree in the original suit was not prevented by the fraud of the decree-holder from placing his case before the Court". It may be mentioned in the instant case proposition ...... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ..Category: Property Law | Date: | Hits: 38
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
....Upazila Parishad and Upazila Administration Reorganisation) Ordinance, 1982 (59 of 1982), section 4(3) The Acting Chairman merely functions in the office when the office is vacant but he is not the holder of the office as Chairman. The holder of the office is the person who is directly elected and......rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ..Category: Election Law | Date: | Hits: 128
Soleman Miah & others Vs. Ishaque Ali being dead his heirs Jairun Nessa & ors, 1989, 18 CLC (AD)
....y cannot be refused even in an appropriate case. However, it appears that the appellants' suit, that is, T.S. No. 237 of 1984 is pending for 4 years. On the pretext of a suit being pending the decree-holder cannot be left in the lurch indefinitely. Even if the prayer for stay was granted it ought to......dance with law after expiration of the aforesaid period. The appeal is disposed of in the aforesaid terms without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 104..Category: Civil Law | Date: | Hits: 106
Hazi Waziullah Vs. Additional Deputy Commissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
....used as evidence against a person who is a stranger thereto. But the judgment in a prior suit together with the plaint and other steps taken in connection therewith is evidence of an assertion by the holder of the judgment of the right which he claims to acquire and is then admissible in evidence of......d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ..Category: Procedural Law | Date: | Hits: 146
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
.... from this Court for a reasonable amount. In the circumstances a money decree for Tk. one lack fifty thousand is quite reasonable. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 273. ......7. Accordingly a deed of agreement was executed on 16.4.1967 and thus the plaintiff sold her share in the aforesaid manner; that the defendant paid Tk. 6,000/- as per terms and also Tk. 14,000/- by a cheque on 10-8-75; that the plaintiff after selling her share duly informed the D. I. T., Registrar ..Category: Business or Commercial Law | Date: | Hits: 114
Commissioner of the Income Tax Vs. Abdul Aziz, 1984, 13 CLC (AD)
....f the Company." Having observed thus the Division Bench added: "but in law it must be held that the bonus shares were contributed by the assessee share-holder. There is no allegation that the assessee enchased the bonus shares. As he retained th......e result therefore this appeal is allowed. The judgment and order of the High Court Division is set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 269. ..Category: Fiscal/Taxation Law | Date: | Hits: 131
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