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Muhibur Rahman Manik and another Vs. State, 2006, 35 CLC (HCD)
....eof. They are set at liberty at once if not required in connection with any other case. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 279. ......The State………………………Respondent Judgment August 13, 2006. Result: The Criminal Appeal is allowed. Interpretation of judgment A Judicial decision is only an authority for what it actually decides. It cannot be quoted for a proposition that may seem, to follow from it......st. 39. Muhibur Rahman Manik stood convicted for offence of section 6 of The Act of 1908. 40. Section 5 runs thus: Punishment of abettors. Any person who by the supply of or solicitation for money, the Providing of premises, the supply of materials, or in any manner whatsoever, procures, co..Category: Criminal Law | Date: | Hits: 83
Hashem Ali & Others Vs. Suruj Ali & Others, 2010, 39 CLC (HCD)
.... recording of the parties name in the S.A. record of right strenuously argued that no such S.A. record has been filed or marked Exhibit in the trail nor at the appellate stage although the plaintiffs claim that the said S.A. record contains the name of the two brothers Mokdom Ali Sheik and Jomu Shei......an No.116 within C.S. Plot No.171 area 0.52 acres and C.S. Plot No.303 having an area 0.27 acres at a total of 0.79 acres were the Ejmali property of both the brothers Mokdom Ali Sheik and Jumu Sheik for which the plaintiffs being entitled to 0.41 acres of land prayed for separate Sahara as the Defe......t Judge, 1st Court, Tangail, is hereby set aside and that of the trial Court is restored. Let the LC records be sent down at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 295. ..Category: Property Law | Date: | Hits: 83
Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)
....rongly recorded in the name of Satinath Bandapaddhaya. The predecessor of the petiÂtioners filed Miscellaneous Case No.110 of 1969 for correction of SA Record. Abdus Sattar Chowdhury-Respondent No.6 claiming himÂself to be owner of 8.70 acres of land of aforeÂsaid CS Plot No.560/669 on the basis ......asuring a total area of 37.66 acres of land appertaining to CS Khatian No.211, CS Plot No.560/669 originally belonged to Satinath Bandapaddhaya alias Sagar Babu. The said land was put to auction sale for arrears of rents and one Promode Bala Devi auction purÂchased the same. While in possession, sh...... to the extent of 5.17 acres as it originally stood. Communicate this Judgment to the Land Appeal Board (respondent No.1) at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 511. ..Category: Property Law | Date: | Hits: 115
....ed some properties measuring 1.32 acres of land on 12.01.1961 in favour of the mother of the plaintiffs in lieu of her dower besides this he did not transfer any land to any body; that the defendants claimed the land transferred to them by two Heba-Bil-Ewaz deeds and thereupon, the plaintiffs inquir......ersing those dated 26.10.1998 passed by the learned Assistant Judge, Gomestapur, Nawabgonj in other Class Suit No.38 of 1987 decreeing the suit should not be set aside.
2. The brief facts relevant for disposal of this Rule are that the petitioners as plaintiffs instituted Other Class Suit No.38 o...... Haji Bilat Ali, father of the plaintiff-petitioners transferred 1.32 acres of land to Faki Bibi, mother of the plaintiff-petitioners by a registered deed of kabala dated 11.2.61 in lieu of her dower money as well as the defendant opposite parties created two false deeds of Heba-Bil-Ewaz being deed ..
Category: Property Law | Date: | Hits: 66
....ischarged without any order as to cost.
The order of stay stands vacated.
Communicate the judgment to respondent No.2 at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 359.
......Dhaka so far as it relates to issuing warrant of arrest against the petitioners shall not be declared to have been passed without lawful authority and is of no legal effect.
2. The facts necessary for the disposal of the rule are as follows:
3. The respondent No.3 Agrani Bank as plaintiff file......ni Bank as plaintiff filed Title Suit No.153 of 1996 in the Court of Sub-Judge and Artha Rin Adalat, First Court, Dhaka impleading the petitioners and others as defendants in the suit for recovery of money and subsequently the said suit was transferred to the Court of Subordinate Judge and additiona..
Category: Civil Law | Date: | Hits: 85
Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)
....he complainant bank filed CR Case being CR Case No.249 of 1997 before the court of learned Magistrate, cognizance Court No.2, Pabna against the same person under section 406/420 of the Penal Code and claimed a sum of Taka 1,78,422/-. He further submits that after filing civil suit being suit No.92 o......n the law gives anything to anyone it gives also all those things without which the thing itself would not exist…………………………..(7) The inherent power, thus, can be exercised only for exercise of the three purposes specifically mentioned in the section which are- (a) the powe......that the accused petitioner in due time must paid the loan but he failed to do so and that the bank time to time made a direction to accused No.1 and accused No.2, Md. Shamsuddin Khan to pay the loan money but the accused No.1 and accused No, 2 did not pay the loan money. It is further stated that t..Category: Procedural Law | Date: | Hits: 79
Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
....against the present respondents to give some benefits to the Siemens and also to harass the present respondents for no fault of them. The present suit has been instituted by the plaintiff-respondents claiming the following relieves, namely- that the letter dated 29.8.2001 issued by the defendant No.......ith T.M. Shakil Hasan, Advocates-For the Respondents. First Miscellaneous Appeal No.81 of 2005 F.M.A.T. No.70 of 2005. Judgment Syed Amirul Islam J.-This Miscellaneous Appeal is taken up for hearing along with an application for vacating the stay filed by the plaintiff-respondents (here...... payment on two occasions and thereafter when the project was completed and full payment was realised by the Siemens they in collusion with the bank did not make any further payment and withhold that money even after receipt of final payment from the SMC. It is contended in the plaint that the respo..Category: Civil Law | Date: | Hits: 87
Alam Taj Begum @ Monowar Begum & others Vs. Nimai Chandra Roy, 2009, 38 CLC (HCD)
..../73-74, 250/73-74, 251/73-74 and 252/73-74; that the defendant No.5 Monindra Chandra Roy was appointed guardian of the plaintiff; the plaintiff had knowledge about the aforesaid deeds; the plaintiffs claim is false and the suit is liable to be dismissed. 4. The suit was heard by the Senior Assist...... such other or further order or others as to this Court may seem fit and proper. 2. Short facts of the case are as follows: The opposite party No. 1 as plaintiff instituted Title Suit No. 115/98 before the Court of Senior Assistant Judge, Borguna Sadar, Borguna praying for declaration of title st......ntained. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the LC Records immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 764. ..Category: Procedural Law | Date: | Hits: 69
State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....g and impurities. 27. The reproduced feature also suggests that the unauthorized erection of the building also stands as a major stumbling block in implementing ambitious Hatirjheel Project. It is claimed that RAJUK appears to be emasculated in purging the illegalities that has been perpetrated b......Builders Ltd. Vs. RAJUK (Jamuna Future Park case); 43 DLR page 147; 272 of 9 DLR; 9 DLR (1957) page 272; 41 DLR (1989) page 326; Naushad Ahmed Chowdhury Vs. Ministry of Land Administration and Land Reform, 3 BLC 18; Salam Vs. Government of Bangladesh, 1 BLC 53; Shankar Gopal Chatterjee Vs. Additiona......ce demolition is irrestitible. In his vocabulary, if BGMEA is allowed to retains its illegal structure on the plea of its contribution to the national exchequer, and on the plea that enormous sums of money had been expended to construct it, and that the parts of the building had been sold to innocen..Category: Constitutional Law | Date: | Hits: 642
Rais Ali alias Md. Rais Ali and others Vs. Mst. Hajera Khatun and others, 2009, 38 CLC (HCD)
....rd by judgment and order dated 13.09.2001 rejected the prayer for pre-emption by dismissing the case on finding that this sale in question was done with concurrence of the pre-emptors and as such the claim of the pre-emptors are barred by principle of waiver, estoppel and acquiescence. 6. Against......The predecessor of Opposite Party Nos.1 to Sand predecessor of Opposite Party No.36 as pre-emptors filed the instant pre-emption Case No.6 of 1996 in the Court of Senior Assistant Judge, Brahmanbaria for preÂemption of the lands described in the schedule of the petition covered by kabala dated 28.0......way left to protect the marriage of his daughter, agreed to the land to the preemptor No.2 for an amount of Tk. 50,000/- and took Tk.3,000/- as advance. But the talk ultimately failed and the advance money was taken back and the seller sold the lands to the pre-emptors for an amount of Tk.60,000/- a..Category: Civil Law | Date: | Hits: 192
Bangladesh House Building Finance Corporation Vs. Mosammat Amena Begum, 2010, 39 CLC (HCD)
....n money amounting to Taka 2,17,253.44/=. 4. Thereafter the petitioner corporation filed Miscellaneous Execution Case No.14 of 2004 before the same Court as the opposite party failed to satisfy the claim. 5. During pendency of the Execution Case, the opposite party on 05.03.2005 and 24.11.2005 ......ioner Corporation filed Miscellaneous Case No.26 of 2003 as per provision of President Order 7 of 1973 read with Act XVIII of 1952 in the Court of District Judge, Chuadanga against the opposite-party for permission to sale the properties, mentioned in the scheduled to the petitioner, in auction to r......e Court of District Judge, Chuadanga against the opposite-party for permission to sale the properties, mentioned in the scheduled to the petitioner, in auction to realize Taka 2,17,253.44/=, the loan money along with interest. 3. The learned District Judge, Chuadanga by the ex parte judgment and ..Category: Civil Law | Date: | Hits: 276
Veena Khaleque and others Vs. State, 2009, 38 CLC (HCD)
....vernment organization (NGO) and he served in the (NGO) as a Research Associate at its Jamalpur district office during the period from 1-8-2002 to 30-11-2005 and on 30-8-05, he submitted bill vouchers claiming Taka 25,000 as transport allowance for 25 months at the rate of Taka 1000 per month, Taka 2......Out of a contract of service between the employer and employee, whatever its kind may be, if a sum of money as salary, allowance, emolument etc. is due to the employee to be paid by the employer, the former has a right to get it from the latter, who owes it to the former, but this right is always a ......¦â€¦â€¦Opposite Party Judgment Aueust 20, 2009. Result: The Rule is made absolute. Out of a contract of service between the employer and employee, whatever its kind may be, if a sum of money as salary, allowance, emolument etc. is due to the employee to be paid by the employer, the fo..Category: Employment/Service Law | Date: | Hits: 238
Abdul Latif Howlader and others Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....mo directly into vacant posts of a similar scale. Therefore, it transpires that the transfer of those five persons had created a disparity between them and the petitioners and the petitioners rightly claim that they have been discriminated against. Since five displaced employees standing on the same......sp; Government of Bangladesh Vs. Jahangir Alam, 12 BLC (AD) 163. Lawyers Involved: Manzil Murshid, Advocate — For the Petitioners. Md. Abdus Samad Kamal, Deputy Attorney General - for the Respondents. Writ Petition No. 6816 of 2007 Judgment Md. Imman Ali J. - This Rule N......tee and subject to there being vacant posts of similar scale available. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 707. ..Category: Employment/Service Law | Date: | Hits: 216
Dr. S.M. Eunus Ali Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
....atement contested the said suit. 4. Neither the petitioner nor the respondent bank produced copy of the said written statement and the judgment of Artha Rin Adalat to substantiate their respective claims. However the petitioner made a statement in the writ petition about his case which is as foll......isdiction The judgment and decree of the Artha Rin Adalat cannot be interfered with invoking the writ jurisdiction under Article 102 of the Constitution, as there is an alternative provision for appeal against a judgment of the Artha Rin Adalat under the Ain, 2003………………………......e petitioner is a borrower of a loan of Tk. 21,19,830/- sanctioned by the respondent No.2, Rupali Bank, Mongla Port Branch in 3 phases and subsequently as the petitioner defaulted to pay the borrowed money as per terms and conditions of the sanction letter, the respondent bank on 29.4.2003 institute..Category: Civil Law | Date: | Hits: 254
Ibrahim Akand and others Vs. Securities and Exchange Commission and others, 2009, 38 CLC (HCD)
....ble him to file CMP before the Appellate Division. The prayer is allowed and the operation of the Judgment is stayed for one (1) week. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 49. ......ties and Exchange Commission (Mutual Fund) Rules, 2001 (in short, the Rules) prohibiting Mutual Funds to issue bonus or rights shares. On 20.6.2008, after a meeting of Respondent No.1 its spokesman informed the reporters that there would be some alterations in the SEC (Mutual Fund) Rules, 2001. One ...... and the small investors lost a total of Tk. 5708441250/- The drop in price of mutual funds resulted in an overall downbeat market. Investors failed to make new investments owing to blockage of their money. The DSE index fell almost 300 points after the final decision to amend. 7. Financial year ..Category: Business or Commercial Law | Date: | Hits: 462
Mehir Chandra Bhomick Vs. Deputy Commissioner, Brahmanbaria and others, 2007, 36 CLC (HCD)
....ose the Rule. 10. I have heard the learned Advocate appearing on behalf of the petitioner and perused the revisional application along with other materials on record. It appears that the plaintiff claimed that he purchased the property in question from Raj Kumar, who became the owner of the prope......or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner as plaintiff filed Title Suit No.54 of 1989 in the Court of Senior Assistant Judge, Brahmanbaria Sadar for declaration of Notice No.150 dated 28.5.84 passed by the opposite party No.1 as illegal and for ......rlier by this Court stands vacated. Send down the lower Court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 22. ..Category: Property Law | Date: | Hits: 155
Md. Nur Alam and another Vs. State, 2012, 41 CLC (HCD)
....nal Code against the two accused persons. 7. The trial court, on 24.10.1994, framed charge under sections 302, 201 and 34 of the Penal Code against the accused-persons. They pleaded not guilty and claimed to be tried. 8. Prosecution produced 17 witnesses of whom P.W.8 was tendered but not exam......……………………..Appellants Vs. The State…………………………….....................Respondent Judgment May 2, 2012. Result: The appeal is dismissed. First Information Report (FIR) The main purpose of an First Information Report (FIR) is to give informati...... and found the accused persons. He also stated that the accused persons confessed in his presence that they had killed the victim Rafiq by strangulation. He further stated that Police had recovered a money bag and a shorts from the house of the accused A. Latif and prepared seizure list. He proved t..Category: Criminal Law | Date: | Hits: 170
Gopinath Das and others Vs. Government of BanglaÂdesh & others, 2010, 39 CLC (HCD)
.... for permanent injunction on the plea that they got the land by korfa settlement from Rashik Lal and Mohadev Chandra Goala. They got 0.70 acre of the disputed CS plot 40 by amalnama and dakhila. This claim of the said defendants on the basis of amalnama/dakhila is false as those docuÂments are forg......g in question the Judgment and order dated 11.3.2008 passed by the joint district judge, 3rd Court, Dhaka in Misc. Case No.30 of 2007 under Order IX rule 13 of the Code of Civil Procedure ("the Code" for short) setÂting aside a decree passed ex parte in Title Suit No.724 of 1985. 2. The case, te......ching fish in low-lying area while in the remaining land he used to grow crops sometimes by himself and someÂtimes through bargadars. He also developed a porÂtion of land by spending huge amount of money. GC Basak left for Calcutta around 1359 BS where he died shortly thereafter. His only son Rash..Category: Property Law | Date: | Hits: 149
Sayed Hasan Imam Litu Vs. Al-Arafah Islami Bank & another, 2011, 40 CLC (HCD)
..... In the result the Rule is discharged. The Order of stay granted earlier is hereby vacated. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 255. ......aÂneous Case No.55 of 2006 under section 138 of the Negotiable Instruments Act, now pending in the Court of Additional Sessions Judge, 2nd Court, Gazipur should not be quashed. 2. Facts necessary for disposal of the rule are that on 23 to 26 the complainant opposite party No.1 filed a Complaint ......payment of the loan and in Order to pay partial amount of loan on 30-9-03 issued a cheque being AIB/CD- No.8766151 for Taka 2,95,814 and the petitioner subÂmitted a cheque for encashment of the said money to the bank on different dates but it was dishonoured, and on 23-2-2006 finally dishonoured. T..Category: Civil Law | Date: | Hits: 217
Shah Alam (Md.) Vs. Bangladesh Water DeveÂlopment Board, 2012, 41 CLC (HCD)
....een filed in Court, although after period of limitation, but when the arbitration itself suffers from many illegalities, the delay can be condoned. On the question of furnishing security submitted as claimed by the opposite party, the learned judge observed that he find security with the record, as ......Akther; Abdus Salam Vs. Osman Gani and another, BCR 1984 (AD) 346;Bangladesh Water DevelopÂment Board Vs. Progati Prokashani, 44 DLR 335. Lawyers Involved: AKM Nazrul Islam, Advocate-for the plaintiff-petitioner. Kamal-ul-Alam, Advocate with Mir Joynal Abedin, Advocate ...... Advocate further submits that the security as filed by the opposite party is nothing but personal bond and if the plaintiff be given decree then it will take 100s of litigations to get the decreetal money from the opposite party. Learned Advocate further subÂmits that opposite party being a Govern..Category: Civil Law | Date: | Hits: 195
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