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Erria Shipping Pte Ltd. and another Vs. Lever Brothers (Bangladesh) Ltd., 2009, 38 CLC (HCD)
.... 28-6-89 passed in Money Suit No. 6 of 1980 is hereby set aside and the suit is dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 801. ......her hand defendants examined no witnesses. 5. The trial Court after considering the issues, deposition and other materials on record concluded the trial and decreed the suit for realization of an amount of Taka 1, 01,063.52 with interest. 6. Being aggrieved by and dissatisfied with the impug...... 28-6-89 passed in Money Suit No. 6 of 1980 is hereby set aside and the suit is dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 801. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 69
Rezia Begum Vs. Abu Sayed and others, 2006, 35 CLC (HCD)
....or disposal of Other Suit No.69 of 2003 as expeditiously as possible, preferably within 6 (six) months from receipt of this Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 471. ......e is not only to be gathered from the pleadings of the parties but also from the papers and documents that the parties may choose to file while arguing the injunction matter. A plaintiff may make any amount of tall claims in the plaint but if the plaintiff cannot substantiate his claim by any eviden......or disposal of Other Suit No.69 of 2003 as expeditiously as possible, preferably within 6 (six) months from receipt of this Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 471. ..Category: Procedural Law | Date: | Hits: 26
Md. Maksudur Rahman @ Masud and others Vs. State, 2007, 36 CLC (HCD)
....r of stay stands vacated. Communicate the order to the Court below to proceed with the case expeditiously in accordance with law. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 261. ......ed. He submits that the statements of allegations being manifestly and clearly false and baseless on the face of it, the continuation of the proceedings on the basis of said baseless allegations will amount to an abuse of the process of the Court and as such the proceedings of the case is liable to ......r of stay stands vacated. Communicate the order to the Court below to proceed with the case expeditiously in accordance with law. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 261. ..Category: Criminal Law | Date: | Hits: 24
Moinuddin & others Vs. State, 2007, 36 CLC (HCD)
....ttal, he is now discharged from his bail bond. Let a copy of the Judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 67. ......ttal, he is now discharged from his bail bond. Let a copy of the Judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 67. ......nd P.W.12 Md. Nur Hossain alias Nurai stated in his evidence that accused Habibur Rahman, Kala Chand and Manik on breaking his door illegally entered into his house with dagger, gun and they demanded money to him and at one stage accused Habibur Rahman dealt dao blows on the hand and throat of P.W.1..Category: Criminal Law | Date: | Hits: 24
Engineer Shaikh Rubaiyet Islam Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....e result, the writ petition fails on the ground of incompetency. Accordingly the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 447. ......s Rule was issued calling upon the respondents to show cause as to why the arbitrary inaction of the respondent No.4 and other respondents for not setting the bills of the petitioner of the remaining amount of the running account bill No.5 for construction of remaining works of ICE and Denting Shop ......he concerned work whimsically and without any basis whatsoever entered in the Measurement Book (MB) lesser quantity of work of sand filling against schedule item No.5. SubseÂquently lesser amount of money amounting to Taka 47,016,46 was paid to the petitioner against running Bill No.5 and ultimatel..Category: Alternative Dispute Resolution | Date: | Hits: 96
Mark Parco and others Vs. State and another, 2007, 36 CLC (HCD)
....ef Metropolitan Magistrate Chittagong so far as it relates to the accused petitioners is quashed. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 350. ......ment of the consignment, the nominated Forwarder of the American buyer appeared, received documents and garments and issued forwarder's cargo Receipt No.51845 dated 14.12.2000 for 878 cartoons, value amounting to US$ 12,485.16 and F.C.R. No.52187 dated 23.12.2000 for 284 cartoons valued at US$ 22,26......ed Advocate, appearing for the accused petitioners, submits that by lengthy complaint the complainant disclosed a civil liability and the entire endeavour of the complainant is to get compensation in money for the misappropriation done by the accuseds and to such end in view, the complainant before ..Category: Criminal Law | Date: | Hits: 114
Md. Rafiqullah & another Vs. State, 1986, 15 CLC (HCD)
....alled for u/s. 561A Cr.P.C. by this Court. In the result the application is summarily rejected. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in:Â 38 DLR (HCD) (1986) 124. ......ith the function of Head Master dishonestly and fraudulently in collusion with accused-petitioner Ahmed Ali Lasker, Clerk of the said school durÂing the period from 1979-1983 misappropriated a total amount of Tk. 1,32,269.94 paisa from the school fund on various dates by creating false vouchers and......he cases mentioned in sections 234, 235, 236 and 239." Section 222(2) Cr.P.C. provides as follows:- "When the accused is charged with criminal breach of trust or dishonest misÂappropriation of money, it shall be suffiÂcient to specify the gross sum in respect of which the offence is alleged ..Category: Criminal Law | Date: | Hits: 144
Yunus Ali and another Vs. State, 2008, 37 CLC (HCD)
....Tribunal in order to serve out the remaining period of their respective sentence. Send down the LCR with a copy of judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 793. ......ircled the hotel; that accused Yunus and Shakwat having entered into room No. 25 of the hotel used to discuss with the constable Matiur Rahman and it was settled that the accused persons will give an amount of forged currency notes of Taka 20,000 subject to payment of Taka 10.000 and thereafter they......ition of the prosecution witnesses and the impugned judgment and order and materials available in the paper books and submits, that the prosecution failed to prove the alleged recovery of counterfeit money from the possession of the accused appellants by reliable and independent witnesses and that t..Category: Criminal Law | Date: | Hits: 134
Ashek Ali (Md.) and others Vs. Abdul Gaffar & others, 2010, 39 CLC (HCD)
....ordinate Judge, (Arbitration), Dhaka in Title Suit No.73 of 1997 is hereby set aside. Send down the lower Court's record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 384. ......emaining part of plot No.C-339 along with half katha of land appertaining to plot No.338 i.e. 1 1/2 katha land (by 2nd Bainapatra) at a consideration of Taka 1,71,000 upon receipt of an earnest money amounting to Taka 1 (one) lakh. In the process aforesaid Nazar Ali entered into an agreement for sal...... an agreement for sale in favour of Jahanara Begum in respect of 2 1/2 katha of land appertaining to western part of plot No.C-339 at a consideration of Taka 3 (three) lakh upon receipt of an earnest money of Taka 2,99,000 folÂlowed by delivery of possession and at that occasion Nazar Ali also exec..Category: Civil Law | Date: | Hits: 133
....above observations, however, without any order as to cost. The order of status quo granted earlier is vacated.
Send down the lower Courts’ records.
Ed.
This Case is also Reported in:
......nd 6 died and their legal heirs were substituted.
7. Mr. Bivash Chandra Biswas, learned Advocate appearing for the petitioners submits that in a suit for perpetual injunction, possession is the paramount consideration. In the present case, the plaintiffs’ claim of title is backed by two registe......n her name and she went in possession thereof. Bimala Bala Nath had entered into an agreement for sale with the plaintiffs on 24.7.1973 and inducted them into possession thereof on receipt of earnest money. The Kha scheduled land was still under control and possession of its original owners Kalipada..
Category: Property Law | Date: | Hits: 57
Tropical Homes Limited Vs. Registrar of Joint Stock Companies, 1986, 15 CLC (HCD)
....ibute a sum of Taka 5000.00 to Sir Salimullah Muslim Orphanage, Dhaka and to produce the receipt showing payment thereof to the Court. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 576. ......in the petition that the said shares‑holders have in all subscribed 5000 shares thus the paid up capital of company comes to Taka 50,00,000.00 and the company's assets do not reflect more than that amount. 8. Mr. Shamsuddin Babul, the learned Advocate, appearing on behalf of the petitioner comp......ibute a sum of Taka 5000.00 to Sir Salimullah Muslim Orphanage, Dhaka and to produce the receipt showing payment thereof to the Court. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 576. ..Category: Company Law | Date: | Hits: 74
....
In the result, the appeal is dismissed and the Rule is discharged without any order as to costs.
Chowdhury ATM Masud J.- I agree.
Ed.
This Case is also Reported in:35 DLR (HCD) (1983) 293.
......e. The imÂmediate inconvenience would be that the plaintiffs will require to set gas at the enhanÂced rate. In case the plaintiffs succeed in the suit, they will be at liberty to recover the excess amount paid by them. From this, it is evident that the loss that might occur to the plaintiffs is on...... in law in taking the view that plaintiffs had no prima facie case. He further submits that the learned Subordinate Judge has also erred in taking the view that the plaintiffs could be compensated in money.
3. Mr. Mohammadullah, learned Advocate for the respondents, on the other hand, has argued ..
Category: Civil Law | Date: | Hits: 124
Mir Niaz Mohammad Vs. Additional District Judge and others, 2007, 36 CLC (HCD)
....y order as to costs. The order of stay granted at the time of issuance of the Rule stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 108. ......Bankruptcy Court, Dhaka against the petitioner and 5 others impleading him as defendant No.6 in that suit for declaration that the defendants are defaulters to the plaintiff bank for loan outstanding amounting to Taka 2,31,06,370.48 and are severally and jointly liable to be declared bankrupts/insol...... of the ConstituÂtion does not arise at all. Whether notices/summons were properly served or not or whether the petitioner was a guarantor/ mere a shareholder of the borrower company or borrowed money from the bank or not are disputed question of facts and for which remedy lies in the Civil Cou..Category: Procedural Law | Date: | Hits: 114
....on granted by this Court in C. Rule No.613 (P.M.5/2003 stands vacated.
Communicate this Judgment to the Adalat concerned at once.
Ed.
This Case is also Reported in: 17 MLR (HCD) (2012) 444.
......rtha Rin Suit No.1 of 1992 in the Court of the then Subordinate Judge and Artha Rin Adalat, 1st Court, Feni impleading the defendant-respondent No.1 and others for realisation of its outstanding dues amounting to Tk.1,30,40,106.00 with interest and eventually, the said suit was decreed ex-parte on 2......ale of the mortgaged property and on that date the present appellant, Awlad Hossain became the highest bidder out of total 4 bidders and thereupon, the Adalat directed him to deposit 25% of total bid money within 24 hours.
3. In this background the highest bidder Awlad Hossain (hereinafter called..
Category: Civil Law | Date: | Hits: 145
Sonali Bank Limited Vs. Syed Shakhawat Hossain and others, 2011, 40 CLC (HCD)
....e, preferably within 60 (sixty) working days of receiving the Judgment and Order of this Division. Communicate the orders at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 22. ......d Banu, appearÂing for the appellants mainly submits that a mere perusal of the impugned order clearly shows that the Bank has filed Artha Rin Suit No.3 10 of 2003 for realization of its outstanding amount of Tk.3,57,98,000 and also filed Execution Case No.574 of 2005 and then a second Artha Rin Ex......gedly issued by defendant No.1 Rezaul Islam, a Judgment-debtor in the aforesaid Artha Rin Suit. The Bank has also denied any connection with other letters issued by defendant No.1 admitting receiving money from the plaintiffs. The Bank has asserted that the plaintiffs have acquired no right, title o..Category: Administrative Law | Date: | Hits: 212
Abdus Samad and others Vs. Felu Hossain and others, 2009, 38 CLC (HCD)
....dverse possession is to be ignored. Send down the lower Court records, along with a copy of this Judgment. No order asto costs. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 89. ......number of other persons, a right to do, or continue to do, in or upon the immoveable property of the grantor, something which would, in the absence of such right, be unlawful, and such right does not amount to an easement or an interest in the property, the right is called a license. 53-55……â......dverse possession is to be ignored. Send down the lower Court records, along with a copy of this Judgment. No order asto costs. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 89. ..Category: Civil Law | Date: | Hits: 123
Bayazid (Md.) Vs. State, 2009, 38 CLC (HCD)
....ired any where to remove the possibility of doubt being arisen in interpreting any provision of the said Penal Statute and the Rules. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 772. ......nother bundle of Taka 50,000 on the carpet covering his office floor, since he could not conceal this second bundle. Then the informant, in presence of the witnesses named in the FIR, seized the said amount of money, described as bribe money, and obtained signature of the witnesses on the seizure li......dle of Taka 50,000 on the carpet covering his office floor, since he could not conceal this second bundle. Then the informant, in presence of the witnesses named in the FIR, seized the said amount of money, described as bribe money, and obtained signature of the witnesses on the seizure list. The ac..Category: Anti-Corruption Laws | Date: | Hits: 44
Abul Kalam (Md.) and others Vs. Md. Shamsuddin, 1997, 26 CLC (HCD)
....ities to the contending parties to adduce fresh evidence in support of their respective claims. Send down the case records at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 502. ......nd, although in the written objection it was specifically asserted that Taka 2000.00 was spent in making improvement. It also appears with the evidence of the D.Ws. that the pre‑emptee spent a good amount of money in effecting improvement on the case land by making earth‑work. In the facts and c......gh in the written objection it was specifically asserted that Taka 2000.00 was spent in making improvement. It also appears with the evidence of the D.Ws. that the pre‑emptee spent a good amount of money in effecting improvement on the case land by making earth‑work. In the facts and circumstanc..Category: Property Law | Date: | Hits: 54
Abdul Hamid Mollah Vs. Md. Abdul Hye and others, 1997, 26 CLC (HCD)
....ent and decree dated 29‑8‑88 passed by the learned Assistant Judge, Kumarkhali, Kushtia is set aside without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 428. ......ws the other to hold himself out shall not be permitted to recover upon his secret title, unless he can overthrow that of the purchaser by showing either that he had direct notice, or something which amounts to constructive notice, of the real title; or that there existed circumstances which ought t......to C(3). The trial Court on consideration of evidence on record decreed the suit on finding that the plaintiff‑petitioner purchased the suit land by registered kabala dated 23‑4‑59 with his own money when defendant Nos.1 and 2 were minors being 8 and 1‑1/2 years old respectively and was in p..Category: Civil Law | Date: | Hits: 59
Mahmudul Islam Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
....is hereby vacated. Let a copy of the Judgment and Order be sent to the Court below at once for information and necesÂsary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 262. ......e Rule is as follows:- One Monjur, the then Inspector of District Anti-Corruption Officer, Chittagong lodged the FIR stating that in order to facilitate Chittagong "Press Club" to receive handsome amount, the accused-petitioner, holding public office, asked the Chief Account Officer to realize 2%......is hereby vacated. Let a copy of the Judgment and Order be sent to the Court below at once for information and necesÂsary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 262. ..Category: Procedural Law | Date: | Hits: 59
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