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Shahinur Begum Vs. Md. Minarul Islam Mondol @ Miton, 1997, 26 CLC (HCD)
....here was a local salish under the leadership of the local Chariman and it is alleged by the defendant that it was decided in that salish that the defendant would pay Taka 16,000.00 against the entire claim of the plaintiff and the plaintiff shall withdraw the suit. It is also alleged that said amoun......evision is directed at the instance of the plaintiff who is wife Shahinur Begum, against the husband Md. Minarul Islam alias Miton. 2. The petitioner instituted Family Suit 5 of 1993 on 3‑1‑93 for dower money both prompt and deferred being Taka 55,000.00 and maintenance being Taka 4500.00 The...... directed at the instance of the plaintiff who is wife Shahinur Begum, against the husband Md. Minarul Islam alias Miton. 2. The petitioner instituted Family Suit 5 of 1993 on 3‑1‑93 for dower money both prompt and deferred being Taka 55,000.00 and maintenance being Taka 4500.00 The marriage ..Category: Family Law | Date: | Hits: 122
Rakibuddin Talukder Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....andra Roy. On the basis of amicable settlement Amiruddin Talukder got the entire land who died leaving behind one son Akfar Ali Talukder as his heir. He got 2.00 acres of land including the suit land claimed by the plaintiff by way of pattan in 1350 BS and during S. A. operation the land was duly re......rt facts leading to this Rule are that on 04-07-1980, the petitioner as plaintiff instituted Other Class Suit No.259 of 1980 in the Court of Munsif, Sirajganj, pleading opposite parties as defendants for declaration of title in respect of 1.83 acres of land out of 9.80 acres described in the schedul....... Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 430. ..Category: Property Law | Date: | Hits: 76
Shahid Mia and another Vs. State and another, 2007, 36 CLC (HCD)
....lants are released from their respective bail bonds. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 303. ...... March 12, 2007. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898); section 342 An examination of an accused under Section 342 of the Code is not an idle formality. It has to be carried out carefully in the interest of justice and fair play to the accuse......x was sold. In reply the informant enquired about them as they were not known to him. At that time one of those two persons pointing a Razor to the chest of Humayun Kabir demanded him to give him the money. On his refusal the accused dealt a razor blow on the left wrist of Humayun Kabir causing grie..Category: Criminal Law | Date: | Hits: 83
Md. Arman Hossain (Chairman) Vs. State, 2010, 39 CLC (HCD)
.... order of stay granted at the time of the issuance of the rule shall stand vacated. Communicate the order to the court concerned. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 495. ......ful manner'. Use of the expression 'in any manner' clearly attracts acquiring 'dominion over property' of other person (in this case the complainant) either in lawful manner or in an unlawful manner, for instance by an act of cheating, by coercion or by any other unlawful means. Therefore, the expre......(seven) lac to the petitioner. But, the said cheque was dishonored on 4.9.2001 as well as on 29.9.2001, when it was place for encashment. The complainant issued legal, notice demanding payment of his money, but the accuseds have misappropriated his money and the goods without making payment of the m..Category: Criminal Law | Date: | Hits: 116
Osarunnessa Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ared to have been passed without lawful authority and is of no legal effect and hereby set aside. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ......dure shall not be passed without lawful authority and is of no legal effect. 2. The background leading to the Rule, in short, is that the husband of the petitioner approached the respondent Bank for House Building Loan and on 24-12-1990 Tk.75,000 sanctioned for staff house building loan and on ......asons failed to adjust dues of the Bank. Respondent No.3 Manager, Janata Bank, Local Office, Dilkusha, Dhaka on 29-4-2003 filed a suit before the learned Artha Rin Adalat No.1, Dhaka, for recovery of money inclusive interest amounting to Tk. 14,05,888/- and the said suit was registered as Artha Rin ..Category: Civil Law | Date: | Hits: 134
Mohammed Ali Vs. Director, Marine Fisheries Office and others, 2009, 38 CLC (HCD)
....icence dated 23-2-2009 in favour of the petitioner only after complying with all statutory provisions. There is no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 769. ...... was issued calling upon the respondents to show cause as to why the impugned memo No. Mo-4/Trawler-63/2002/113 dated 27-3-2002 issued by respondent No. 4 directing to place all Nathi to the Minister for taking decisions (Annexure-D) and letter No. 611 dated 23-2-2009 issued by respondent No. 1 refu......nsferred the two vessels in the name of Ali & Brothers of 7 Avoy Mitra Chat Road, Feringee Bazar, Chinagong of which the petitioner is the Managing Partner. On receipt of the entire consideration money, the seller MM Khan & Co (Pvt) Ltd handed over the physical possession of the two vessels ..Category: Civil Law | Date: | Hits: 124
Neo Mendes and others Vs. State, 2007, 36 CLC (HCD)
....t this rules i.e. Criminal Miscellaneous Case No.7514 of 2001 is discharged as being infructuous. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 300. .......5, Shah Newaz and rule of Criminal Miscellaneous Case No.11165 of 2005 at the instance of accused No.6, Shahabuddin Chowdhury and accused No.7, Ranjit Kumar Chowdhury of the charge-sheet were issued for quashment of the proceeding of Doublemooring P.S. Case No.17 dated 17.10.2001 under section 406/......orted in 51 DLR (AD) 14, 45 DLR (AD) 31 and 23 DLR (SC) 14 held that Civil Court when in seisin of the matter prior to institution/making of complaint and the complainant's only endeavour to get back money from the accused persons and for that Money Suit No.26 of 2001 having been filed before hand, ..Category: Criminal Law | Date: | Hits: 70
Nazrul Islam (Md.) Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... acquire his property and intends to take possession thereof and asked the petitioner to appear on 16-10-1997 to state the nature of his interest in the property and the amount and particulars of his claims to compensation of such interest. The petitioner duly appeared before respondent No.2 by fili......erty the Deputy Commissioner cannot keep both the alternatives in his pocket. He has to choose between the two. If he keeps both the options open, then he does not know whether the property is needed for immediate use or it is likely to be needed for some future use. The use of both these alternativ......ith other materials on record and given our anxious consideration to their submissions. 7. Now, the question that calls for considerations is, whether the payment or deposition of compensation money after expiry of the statutory period of 60 days, the acquisition proceedings stands abated. ..Category: Property Law | Date: | Hits: 62
Dr. M. Rafiquzzaman Vs. Bangladesh Shilpa Bank, 2006, 35 CLC (HCD)
....k any adjournment. The order of stay is vacated and the connected civil rule is discharged. Let the L.C.R be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 18. ......ayes Uddin J.-This Misc. Appeal has been preferred against the judgment and order dated 29.11.1999 passed by the learned District Judge, Dhaka in Misc. Case No.393 of 1999 decreeing the suit ex parte for realization of Tk. 13,01,85,650/= from the appellant. The appellant preferred this misc. appeal ...... trial. He submitted that nowhere in the written objection or written statement the appellant denied that they are not defaulters. But on different pleas they are delaying the realization of the loan money, which is unwarranted. The object of the enactment of the President's Order No.129 of 1972 is ..Category: Civil Law | Date: | Hits: 127
Rajdhani Unnayan Kartipakha (RAJUK) Vs. Eunus Ali & others, 2012, 41 CLC (AD)
....ined in Title Suit No.464 of 1985 was a nullity and consequently, the impugned judgment is set-aside without any order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 1. ......in as the plaintiffs filed Title Suit No.228 of 1979 in the First Court of the then Sub-ordinate Judge, Dhaka, renumbered as Title Suit No.464 of 1985 in the Second Court of Sub-ordinate Judge, Dhaka for declaration of title and recovery of khas possession. Their case, in short, is that the suit lan......f 2007 which was discharged on 3-2-2009 with clear finding that CS Plot No.77 measuring 2.12 acres of land stood totally acquired by LA Case No.02 of 1987-88 and the respondents received compensation money for 0.70 acres of land from the Deputy Commissioner, Dhaka and the rest of the compensation of..Category: Property Law | Date: | Hits: 104
Rashida Mahabub Vs. IFIC Bank & others, 2007, 36 CLC (HCD)
....ে।” 4. On such prayer of the Bank, the Adalat, as executing Court, passed the impugned order dated 12-8-2003 allowing amendment of the execution application accordingly. 5. The petitioner claims that both flat Nos.C-5 and D-5, Building No.1, Easel Dream, Road No.3A. Sector 5, Uttara, Dha......Nisi the petitioner challenged the legality of the orders dated 12-8-2003 and 8-2-2004 passed by the Artha Rin Adalat No.3, Dhaka in Title Execution Case No.123 of 2002. 2. Material facts relevant for disposal of the Rule are as under: 3. The petitioner is an officer of Bangladesh Biman, Res......Hossain Khan, a Judgment-debtor of the suit, transferred all of his wealth in the name of his wife and children so that when his business comes to a standstill because of default in repaying the loan money to the Bank, he can escape his total business/loan liability; that for that purpose his proper..Category: Civil Law | Date: | Hits: 136
Haji Mohammad Salim Ullah Vs. State and another, 2009, 38 CLC (HCD)
....nal Procedure. The Rule thus fails. In the result, the rule is discharged. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 416. ......R. Case against accused petitioner Haji Mohammad Salim Ullah under section 138 of the Negotiable Instrument Act, stating the facts, inter alia, that he and the accused entered into a partnership deed for business on 24.02.2000 and subsequently executed an agreement on 18.05.2000; that in the course ......posed cheque on 08.08.2007 for encashment but the cheque was dishonoured as the fund was insufficient. Then he served a legal notice on 03.09.2007 through his lawyer requesting for the payment of the money and accused petitioner after receiving the notice did not pay any money. Moreover the accused ..Category: Criminal Law | Date: | Hits: 107
....ts No.1 and 2 having not filed any written statement and having not deposed in the case challenging the disputed agreement the defendant opposite party (defendant No.5) only having contested the suit claiming that he is a purchaser for value of the suit land having no knowledge of the disputed contr...... proper.
2. Short facts of the case are as follows:- Late Indra Mohan Saha father of the petitioners instituted Title Suit No.424/79 in the Court of Munsif Shingair against opposite parties No.2-5 for specific performance of contract stating, inter alia, that on 21.03.1974 the father of the petit...... Court on consideration of the evidence and materials on record found that P.Ws. 1,2 and 3 corroborated each other regarding execution of the disputed deed by defendant No.1 and 2; that consideration money for the disputed agreement was paid by the plaintiff to the defendants No.1 and 2; that defend..
Category: Civil Law | Date: | Hits: 103
Sharmin Akhter Vs. Major (Rtd.) Mahbub Akbar Bhuyian, 2012, 41 CLC (HCD)
....ant Judge and Family Court, Dhaka for custody of his minor son Afrad Saadi Bhuhyian, who was born on 15.1.1997 within their wedlock. The family suit was decreed ex parte on 26.11.2002. The petitioner claims that the said decree was obtained by suppressing summons and practicing fraud upon the Court.......s Family Appeal No.236 of 2003 allowing an application filed by the appellant-opposite party Major (Rtd.) Mahbub Akbar Bhuiyan, father of the minor directing the petitioner to produce her minor son before a doctor nominated by the Australian High Commission in Dhaka for checkup and rejecting another......e the operative portion of the impugned order will remain unchanged and will take effect from the next date of hearing of the appeal, if it is still pending. Ed. This Case is also Reported in: ..Category: Family Law | Date: | Hits: 117
M. A. Jaher and others Vs. Sonali Bank and others, 2007, 36 CLC (HCD)
.... surrender before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 283. ......out of order No.49 dated 16.6.2004 issuing warrant of arrest against the writ petitioners passed by the Artha Rin Adalat No.1, Bhola in Artha Rin Execution Case No.6 of 2001. 2. The facts relevant for disposal of this rule, in shor1 are that the respondent No.1 Sonali Bank, Bhola Branch filed Art......001. 2. The facts relevant for disposal of this rule, in shor1 are that the respondent No.1 Sonali Bank, Bhola Branch filed Artha Rin Suit No.5 of 1998 against the petitioners for recovery of loan money amounting to Tk. 1,02,69,058/41. That suit was decreed exparte by the judgment and order dated..Category: Civil Law | Date: | Hits: 69
Abdul Matin Vs. Government of the People's Republic of Bangladesh, 2007, 36 CLC (HCD)
....of 4.04 acres corresponding to State Acquisition plot No.1334, area being 3.967 (tank). 1328/1502, being area 10 acres and plot Nos.1334/1507, being area .01 had been suit property. c. Baluster of claim put forth by plaintiff was that he took settlement of suit tank plot No.596 from Maharaja of T......same issues over again. Judicial verdict has its special sanctity and cannot be subject matter of discussion at any future time involving identical or similar issues. Res judicata, thus, is a special form of estoppel…………………………………..(8) The Code of Civil Procedure, 1908 (A......act and circumstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 30. ..Category: Property Law | Date: | Hits: 69
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....h Court may decline to try a petition. Rejection of a petition in liminewill normally be justified,where the Hgih Court is of the view that the petition isfrivolous as because of the nature of the claim made, disputesought to be agitated or that the petition against the partyagainst whom relief i......ners in all the four petitions and the deceased husbands of Petitioner Nos.2 and 3, in WP 7236/10 under section 121A of the Penal Code. 2. All the Petitioners were sentenced to suffer imprisonment for varying terms while Lt. Col. (retd.) M. A. Taher, Bir Uttam, husband of the Petitioner No. 2 in ...... 208. We can, however, to mitigate as far as law permits us, the losses he suffered, as a result of the illegal conviction and following illegal dismissal, by directing the authorities to pay him the money he would have received as salary and other benefits till the last day that he would have serve..Category: Criminal Law | Date: | Hits: 154
Amarbati Natya Mandir Vs. State, 2009, 38 CLC (HCD)
....appellant that the trial Court erred in law in treating the suit as one filed by a private individual Shri Piyush Kami Ghosh without looking at the description of the in the case title and the relief claimed in the suit. According to the plaintiff, the proprietary right in the suit lands vests in it......rosecuting the suit on behalf of the plaintiff. 2. Appellant "Amarbati Natya Mandir" instituted Other Class Suit No. 41 of 2001 through its secretary Shri Piyush Kanti Ghose against the respondent for declaration of title in the suit property mentioned in the schedule to the plaint. The secretary......n for leave to proceed with the suit after amendment of the plaint is allowed. The order of abatement of the suit is also set aside. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 217. ..Category: Civil Law | Date: | Hits: 104
Agrani Bank Vs. Orbit Enterprise Ltd and another, 2009, 38 CLC (HCD)
....ategorically stated that within few months' time that the said amount would be realized. In the written statement defendant No. 1 admitted the entire liability to be discharged against the plaintiffs claim. 5. Upon the above pleadings 3 issues were framed. The plaintiff did not cite any witness a......rding interest pendents lite as well as interest accumulated till the realisation of installments. 2. On 23rd January 1988 appellant Agrani Bank as plaintiff instituted Title Suit No. 17 of 1988 before the Subordinate Judge Dhaka against the respondents for recovery of money after selling the pro......lisation of installments. 2. On 23rd January 1988 appellant Agrani Bank as plaintiff instituted Title Suit No. 17 of 1988 before the Subordinate Judge Dhaka against the respondents for recovery of money after selling the property mortgaged with the plaintiff Bank. 3. Plaint case, in short, is ..Category: Civil Law | Date: | Hits: 95
Md. Abdul Jabbar Sarker Vs. State and another, 2011, 40 CLC (HCD)
....Rule. In the result, the Rule is discharged. Office is directed to send down the lower Court record with copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 103. ......jected the complaint and thereby refused to take cognizance of the alleged offences under sections 161 and 467 of the Penal Code. 3. Earlier a Rule was issued on the matter. 4. But none appears for the complainant petitioner when the matter is taken up today for hearing although the matter h......he plea that the defect in the document would be cured by way of getting some more statements written in two additional demy papers. In the evening of the same day, the complainant collected the said money and delivered it to the accused. Thereafter the accused got some statements written on two add..Category: Procedural Law | Date: | Hits: 92
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