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Latifa Akhter and others Vs. State and another, 1999, 28 CLC (AD)
.... High Court Division is not sustainable in law. Consequently, the appeal is allowed and the proceedings are quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 159. ......ppressing the truth and practicing fraud upon the Court. The Court permitted the transfer and directed appellant No. 1 to deposit the sale money to the bank with a further direction to deposit the cheque book before the Court. After obtaining fraudulently such permission all the accused-appellan..Category: Criminal Law | Date: | Hits: 69
State Vs. Md. Minhazuddin Khan, 1999, 28 CLC (AD)
....ays. The reasons shown for condonation of such delay are also far from satisfactory. The petition is therefore dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 142. ......th the money of repair grant. On 30-6-78, an amount of Taka 15,000.00 was deposited in that account and since then accused Minhazuddin and PW Muslimuddin would deal with that fund. Previously the cheque book had been lying with Muslimuddin but on 9-1-81 accused Minhazuddin took the said cheque ..Category: Criminal Law | Date: | Hits: 59
....te in favour of auction- purchaser - respondent in Mortgage Execution Case No. 5 of 1992 and staying Mortgage Execution Case No. 5 of 192 till disposal of Other Suit No. 68 of 1992.
2. The decree-holder Rupali Bank obtained Mortgage decree on 2-5-85 in Mortgage Suit No. 21 of 1985 in the court o......l of Other Suit No. 68 of 1992 is illegal and not called for in the facts of the present case.
Both the petitions are dismissed.
Ed.
This Case is also Reported in: 51 DLR (AD) (1999) 116.
..
Category: Property Law | Date: | Hits: 85
BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)
....vidence from parties. In the result, the appeal is disposed of in the above terms without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 71. ......urt has submitted correspondences with the plaintiff and BIWTA which was engaged for the salvage of A1-Falah-1. From the documents as filed by Dr. M Zahir it appears that the plaintiff had paid by cheque Taka 5, 19,860.60 paisa to BIWTA and as advance had also paid Taka 2, 60,000.00 to the said ..Category: Admiralty Law or Maritime Law | Date: | Hits: 187
Calmare Navigation Co. Ltd. Vs. Mohammad Nurul Hoque and another, 1999, 28 CLC (AD)
....der. 4. Moksudur Rahman, learned Advocate for the petitioner, submits that the impugned modification order should not have been made during the pendency of the contempt case because decree-holder-respondent No.2 would execute the decree and realise the disputed money causing great prejud......and the submission of the learned Advocate is devoid of any reason. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 35. ..Category: Others | Date: | Hits: 74
....5)(a) of the Ordinance which is also an infirmity of the said list. The appeal is accordingly dismissed without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (AD) (2000) 36.
...... completion of the contract and fulfilment of obligation if any.
8. The contractor will submit bill fortnightly/monthly to the Controlling Department.
9. Payment will be made by account payee cheque on submission of the bill in triplicate in the proforma to be supplied by the enterprise.
..
Category: Labour and Industrial Law | Date: | Hits: 163
Ansarul Haque Vs. Abdur Rahim and 4 others, 1997, 26 CLC (AD)
....t’s the special circumstance of this particular case. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 145 ......emselves since 1971. In the course of such business transaction they sold to each other and purchased from each other and made payments to each other, received payments from each other in cash, by cheque and by sale of materials and equipment and services of each other’s employees. In 1980..Category: Criminal Law | Date: | Hits: 93
Abdur Rahman (Md) Vs. Md. Iqbal Ahmed and others, 1997, 26 CLC (AD)
.... land. The suit was eventually decreed on 31 January 1967 with a direction to defendant No. 8 to execute and register on behalf of defendant Nos. 1-7 a kabala in favour of the plaintiff. The decree-holder then put the d into execution in Title Execution No. 94 of 1967 which was on transfer to the......e benefits of the decree obtained after protracted litigation. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 142 ..Category: Property Law | Date: | Hits: 84
Abdul Kaiyum (Md) Vs. Krishnadhan Banik being dead, his heirs Bijan K Banik & ors, 1997, 26 CLC (AD)
....led thereunder shall have to establish his claim to get the present possession and do not mean that he shall have to establish his claim to retain his present possession, that is to say, the decree-holder has to file the suit under rule 102 for possession for deciding the question of title becau......ugned judgment or in the revision petition before the High Court Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 140 ..Category: Property Law | Date: | Hits: 64
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
....ctions are a contract made under coercion or undue influence or even fraud, a compromise of a case by guardian of a minor without permission of the Court, and an alienation of ancestral property by a holder of such property under custom. All these transactions are good and valid and they do affect r...... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ..Category: Tenancy Law | Date: | Hits: 88
Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)
....nthly instalment of the attachable portion of his salary for satisfaction of the decree. The family Court rejected his application taking the view, inter alia, that it was the option of the decree-holder to follow any procedure permitted by law to obtain satisfaction of the decree. The responden...... The contentions raised by the appellant fail and accordingly the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 57 ..Category: Family Law | Date: | Hits: 144
Rafique (Md) Vs. Syed Morshed Hossain and another, 1998, 27 CLC (AD)
....n rightly quashed the proceeding. We find no merit in the petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 163. ......lleging, inter alia, that for business purpose he lent Taka 5,50,000.00 in 1986 to respondent No. 1. He got back Taka 1,02,628.00 on different dates from him. On 9-6-1989 respondent No. 1 issued a cheque for the remaining amount of Taka 4,47,372.00 in his favour which was dishonoured for want of..Category: Criminal Law | Date: | Hits: 88
Fatema Bibi Vs. Sree Manik. Lal Somaddar & others, 1995, 24 CLC (AD)
....han filed the case for pre-emption on 30-9-89. 3. The case of pre-emptor-respondents is that the pre-emptor has no locus standi to file the case as she is not a co-sharer or contiguous landholder of the alleged case holding No.185. The purchaser- respondents are co-sharer by purchase ov......ity of the application for pre-emption the same calls for no interference. These petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 97. ..Category: Property Law | Date: | Hits: 51
Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others, 1997, 26 CLC (AD)
....ay accept or reject the same after considering the same if there are reasons for not accepting them. Then the High Court Division found as follows: “Thus it is clear that Bohmong Chief is not a holder of any Government post but as a political office and is merely nominated and recognised by th......gladesh Gazette on 21-11-96 is declared to have been made and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 73. ..Category: Civil Law | Date: | Hits: 203
Islam Steel Mills Ltd. Vs. Nirman International Ltd. and others, 1998, 27 CLC (AD)
.... trying to withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 21. ...... 19,88,42,860.00 leaving an outstanding of Taka 4,79,15,321.71 for which demand was made from time to time. 3. The plaintiff’s case is that on 12-2-95, respondent No. 1 issued an account payee cheque for Taka 1,00,000.00 in part payment of the outstanding dues but the cheque was dishonored on..Category: Procedural Law | Date: | Hits: 134
Bangladesh Shilpakala Academy Vs. Shahidul Islam and another, 1997, 26 CLC (AD)
.... on the strength of the said passport which was renewed on 2-4-86 undertook a journey to India without amending the relevant column of the passport meant for describing the profession of the passport holder and thereby committed serious misconduct. The respondent duly submitted his explanation again......as liable to be declared as such. This appeal must, therefore, fail. It is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 1. ..Category: Employment/Service Law | Date: | Hits: 145
Mahmuda Khatun and others Vs. Abul Younus Talukder, 2006, 35 CLC (AD)
....Yunus Talukder and the Respondent No. 2 as defendants for declaration that the said decree of the S.C.C. suit was illegal, void etc. and permanent injunction for restraining the defendant decree-holders from executing said decree which was also decreed ex parte on 17-8-72. Against which on 9-8-...... the trial Court and rather they accepted it. 8. Thus, in the facts and circumstances of the case we find little substance in this appeal. Accordingly, it is dismissed with costs. Ed. ..Category: Procedural Law | Date: | Hits: 83
Moulana Serajul Haque Vs. Md. Saifullah, 2006, 35 CLC (AD)
....e defendants thereafter filed a Misc. Case No. 45 of 1985 under order 9 Rule 13 C.P.C for setting aside the said ex parte decree and ultimately got forged decree set aside. In the meantime the decree-holder put the decree into execution and got delivery of possession. 6. The case o......t Division are hereby set aside and those of the learned District Judge, Chandpur passed in Title Appeal No. 139 1994 and 140 of 1994 are restored. There is no order of costs. Ed. ..Category: Property Law | Date: | Hits: 175
Hamidul Huque, Managing Director, UCBL & anr Vs. Akhteruzzaman Chowdhury, 2006, 35 CLC (AD)
....em to pay fine of Tk. 2000/- each, in default, to suffer simple imprisonment for 15 days. 2. The facts which led to the contempt petition, inter alia, are that the respondent is a sponsor shareholder of the United Commercial Bank Ltd (hereinafter called "the Bank") and he was the fi......he powers to do administrative acts of a routine nature when so authorised by the directors such as the power to .affix common seal of the company to any document or to draw and endorse any cheque on the account of the company in any bank or to draw and endorse negotiable instrument or to ..Category: Business or Commercial Law | Date: | Hits: 118
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