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Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)
....e charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ......e presumption that the legislature does not make mistakes in not adding or inserting any word in any provision of the statute. Even if, the mistake is obvious, the Court cannot correct it as it would amount to legislation which is outside the domain of interpretation; a Court of Law is bound to proc......istributed the said Indian currency amongst themselves but, quarrel arose amongst themselves touching that distribution and thereafter Abul Kalam Azad, Ex-Union Parishad Chairman was asked to recover money from the aforesaid Anisur Rahman and ultimately Anisur Rahman handed over Indian Rupee 900 in ..Category: Criminal Law | Date: | Hits: 84
Manu Mia @ Malu Mia &Others Vs. State, 1989, 18 CLC (HCD)
..... including some new witnesses. Mr. Huq submits that the above action of the learned Trial Court was without jurisdiction which caused great prejudice to the accused petitioners and as a result the whole trial has been vitiated. I find much force in the above contention of Mr. Huq inasmuch as the ......t Tk. 6000/-which is contrary to the two sale deeds, evidence of P.W.1 and the petition of complaint. It is absolutely an absurd proposition to think that the vendor P.W.2 did not know what was the amount he received from the purchaser P.W.1 by selling his own valuable property. The above circum...... the charge levelled against them. The petitioners on bail in both the Rules shall be discharged from their bail bonds immediately. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 191. ..Category: Procedural Law | Date: | Hits: 111
Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)
....the Petitioner. He also added that there were speeches by the Respondent inciting the voters not to vote for the Petitioner, terming him as a 'Kafer’ thus causing anti‑religious sentiments in the whole area. He also stated that he saw with his own eyes Respondent No.5 displaying ashes of the Hol......(iii) Did not submit the return of election expense in accordance with the law, thereby acted in violation of Article 44C of the Order. He also spent more for his election expense than the prescribed amount allowed by the law. (iv) Under the name of 'Shamprodayek Songpriti Shangrakhan Parishod Ce......ion expense as he has no fund of his own, thereby acted in violation of Article 44AA of the Representation of the People Order, 1972, hereinafter referred to as 'the Order.' (ii) Himself spent the money for election expense and he did not make any payment to his election agent authorising him to ..Category: Election Law | Date: | Hits: 300
Moniruzzaman (Md.) Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)
....ay passed earlier is hereby vacated. There shall, however, be no order as to cost. Communicate a copy of this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 239. ......Misc. Case No.39 of 1993) to his own Court from the Court of the Special District Judge, Tangail. 2. Facts relevant for disposal of this rule, in short, are that the present petitioner borrowed an amount of money from the House Building Finance Corporation, shortly, "HBFC" but, according to HBFC,...... No.39 of 1993) to his own Court from the Court of the Special District Judge, Tangail. 2. Facts relevant for disposal of this rule, in short, are that the present petitioner borrowed an amount of money from the House Building Finance Corporation, shortly, "HBFC" but, according to HBFC, he fell i..Category: Property Law | Date: | Hits: 127
Sk Shayeed-ul-Amin and others Vs. State, 2010, 39 CLC (HCD)
....esult, we find merit in the rule issued earlier. According the rule is made absolute. Send down the Lower Court Record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 237. ......iction of the Registration Act and the Transfer of Properties Act which is a civil jurisdiction rather than any liability under Penal Code…………………(13) If the complainant has given any amount of money in order to get a sell deed for a land he should establish his civil right thereof t......esult: The rule is made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A The Penal Code, 1860 (Act No. XLV of 1860); section 406, 420 and 109 Receiving any money for transfer of a land and getting any registered sale deed thereof - are the matters that fal..Category: Criminal Law | Date: | Hits: 102
Mohsin Ali Chowdhury Vs. Muzammel Khan & Others, 1989, 18 CLC (HCD)
.... find no ground to interfere with the judgment and decree passed by the learned appellate Court. The rule is discharged without costs. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 167. ......on the plaintiff; Barada Vs. Sreenath 18 I.C. 211 and the mere fact of frequent or constant user of the defendant's property by the plaintiff, the parties being relations and neighbours, does not amount to proof of user as of right; Meser Vs. Hafizuddin; 13 C.L.J. 316. Having a proper regard to ...... find no ground to interfere with the judgment and decree passed by the learned appellate Court. The rule is discharged without costs. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 167. ..Category: Civil Law | Date: | Hits: 189
Arshad and others Vs. State and another, 2010, 39 CLC (HCD)
....abroad. Ultimately the accused persons neither made any arrangement to send the complainant to Bahrain nor he returned the money which was given for the purpose. The accused persons ultimately denied whole transaction and refused to pay back the money and thereby misappropriated the same and com......rder passed in connection with the Rule sands vacated. Send a copy of the judgment and order to the concerned Court below at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 233. ......s paid by him. The accused No.2 and the complainant agreed to the proposal and accordingly, the complainant paid Taka 1,60,000 to the accused Nos.1-2 in presence of other witness. On receipt of the money, the accused persons assured that the complainant would be sent to Bahrain as agreed by them. ..Category: Procedural Law | Date: | Hits: 108
Jahirul Islam (Md.) Vs. Rokeya Begum and others, 2009, 38 CLC (HCD)
....ff side jointly in connivance with each other taking recourse to deceitfullytactic to defraud the plaintiff has created and registered deed of transfer in favour of the defendant No.4 on 4-3-1989 for whole of the contracted land whereas the plaintiff was still entitled to get saf kabala deed for hal......ement stands as valid terms and conditions and it is clear from the deed to agreement that both the intending purchaser paid Taka 28,500 each as earnest money to the seller and on receipt on the same amount the executants of the said bainapatra signed and executed the deed of agreement (bainapatra).......se of the suit property to which defendant Nos.1-3 agreed to sell and price was settled at Taka 66,000. The plaintiff and defendant No.4 each paid Taka 28,500 and in total paid Taka 57,000 as earnest money and deed of agreement for sale was executed on 24-12-1988 and it was stipulated that the plain..Category: Civil Law | Date: | Hits: 153
Abul Hashem Vs. Mahmuda Khatoon & another, 2012, 41 CLC (HCD)
....h and the learned Assistant Judge and Family Court, Fulbaria, Mymensingh along with the lower Court records. No order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 494. ......961), section 7 Talaq given without sending notice to the Union Parishad Chairman and the wife, is not talaq in the eye of law……………..(28 & 29) In the absence of record of disputed amount of dower, the plaintiff site should produce more credible evidence e.g. the dower fixed in ot......le issuing order operation of the impugned Judgment and decree of the appellate Court was stayed subject to payment of Tk.40, 000 to the plaintiff opposite parties in 4 equal installments. The said money has been deposited as recorded in order dated 24-06-2009. 6. Subsequently, the terms of the..Category: Family Law | Date: | Hits: 246
Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)
....ers of the Deputy Commissioner are expressed to be exercisable only within their respective jurisdiction and as the arrest was illegally effected which being the starting point of the detention, "the whole detention was vitiated thereby.” It was further observed, in that case that the further orde......ural justice are not attracted. The reasons given therein were that the detention orders are made in an emergency situation, wherein to insist upon in the issuance of prior show cause notice may well amount to stultifying the action itself. It seems to us in arriving at such conclusion, his Lordship......strict Magistrates, Dhaka, Chittagong and Khulna, by postal guaranteed service for their Guidance and to act in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 643. ..Category: Criminal Law | Date: | Hits: 114
Foyez Ahmed and others Vs. Uttara Bank and others, 2002, 31 CLC (HCD)
.... Court is directed to dispose of the application under Order XXI rule 58 in accordance with law on merit. Communicate this order. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 635. ......sal of this Rule, are that the opposite party No.1 as plaintiff filed Money Suit No.7 of 1984 in the Court of Subordinate Judge, Narayanganj against the opposite-party Nos.2‑4 for realisation of an amount of Taka 3,69,287.99 and got ex parte decree. Thereafter, the said decree was put in execution...... Court is directed to dispose of the application under Order XXI rule 58 in accordance with law on merit. Communicate this order. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 635. ..Category: Procedural Law | Date: | Hits: 128
Dr. Md. Mofizur Rahman and others Vs. Md. Bashirullah and another, 2003, 32 CLC (HCD)
.... court of Metropolitan Magistrate, Dhaka is hereby quashed. Communicate the order to the Court of Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 630. ......is presented to the bank for encashment; (2) the payee should have made a demand for payment by registered notice after the cheque is returned unpaid; and (3) the drawer should have failed to pay the amount within 15 days from the date of receipt of the notice. …………………(9) A notice u......ble Instruments Act arises after expiry of the period of 15 days from the date of receipt of the notice sent under section 138 (b) of the said Act and consequent upon failure of the drawer to pay the money within the period of 15 days as envisaged under clause (c) to proviso to section 138, the liab..Category: Civil Law | Date: | Hits: 163
Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)
....the money as are done in the normal course of banking transaction. He further submitted that the circumstances of the case indicate that the plaintiff himself had played some reproachable part in the whole episode. 9. Mr. Syed AB Mahmudul Huq, the learned Advocate for the plaintiff/respondent, on......can be canvassed in aid by the bankers in respect to a cheque which does not satisfy section 5 of the Negotiable Instruments Act. Provisions of the Negotiable Instruments Act can be availed where the amount in the cheque from, which contains customer's actual signature is enhanced by forgery. ……......ented by its President, as defendant Nos.1, 2 and 3 respectively. The salient facts as narrated in the plaint in this case are, in a nutshell, narrated below: 3. The plaintiff who accumulated some money by dint of his hard labour in South Korea, subsequently returned to Bangladesh with that money..Category: Criminal Law | Date: | Hits: 130
....unt No. 34005564, Sonali Bank, Supreme Court Branch Dhaka), within a period of 4 (four) weeks from the date of drawing of this order.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 224.
......unt No. 34005564, Sonali Bank, Supreme Court Branch Dhaka), within a period of 4 (four) weeks from the date of drawing of this order.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 224.
......ol and management of the company together with all its assets, both movable and immovable pursuant to order of this Court. It was further stated in the said Report that the company had a small sum of money, did not have any major liability.
4. Mr. Jashim Uddin Ahmed, Advocate appearing with Mr. M..
Category: Company Law | Date: | Hits: 134
Nadira Alam Vs. State, 2010, 39 CLC (HCD)
.... Bazar for compliance who is directed to dispose the case in the light of observation made in the body of judgment on priority basis. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 218. ......awing of the cheque, (iii) presentation of the cheque, (iv) returning of the cheque unpaid by the drawee bank, (v) giving notice in writing to the drawer of the cheque demanding payment of the cheque amount and (vi) failure of the drawer to make payment within specified time of the receipt of notice......k rent four Cargo Biman for six months from the accused and paid taka 83,00,000 (eighthly three lakhs) only to the accused: that the accused did not supply Cargo Biman in time: that for the refund of money with compensation, the accused issued a cheque No. সব/চজ 3339283 account No.1110002399..Category: Criminal Law | Date: | Hits: 134
Moktar Ahmed Vs. Haji Farid Alam & another, 1989, 18 CLC (HCD)
....l No.48 of 1986 and direct the learned Sessions Judge to hear the appeal on merit in accordance with law. The Rule is made absolute. Ed. This Case is also Reported in:42 DLR (HD) (1990) 162. ......l No.48 of 1986 and direct the learned Sessions Judge to hear the appeal on merit in accordance with law. The Rule is made absolute. Ed. This Case is also Reported in:42 DLR (HD) (1990) 162. ......audi Arabia in 1982 to work as labourers and the complainant gave to the petitioner 1800 Saudi Rials to give to his father, Sultan Ahmed and the complainant informed his father about payment of the money to the petitioner by letter on 27.2.84. On receipt of the letter from his son Sultan Ahmed dem..Category: Criminal Law | Date: | Hits: 110
Md. Mostafa Rana Vs. Most. Farzana Sultana, 2009, 38 CLC (HCD)
....itioner to pay 50% of decreetal amount in Court, failing which, the orders impugned shall stand vacate. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 149. ......or the Artha Rin Adalat Act specifically provides for only two remedies against an ex parte decree. It is either by an application or by an appeal; but in both the cases deposit of 50% of decreetal amount is necessary. To avoid this deposit, it appears, the petitioner has sought a short-cut by inv......itioner to pay 50% of decreetal amount in Court, failing which, the orders impugned shall stand vacate. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 149. ..Category: Procedural Law | Date: | Hits: 154
....rbitral proceedings. Mr. Mahmood submits further that being fashioned after Article 9 of the Model Law, as has been the case in many other jurisdictions. Section 7Ka proceedings further stipulate a whole range of interim measures that this court has been authority to grant with the objection of pr....../CN.9/264 dated 25 March 1985). Addressing the concerns that arises in many Jurisdiction that interim measures of protection sought in court by a party to an arbitration agreement may be construed as amounting to a waiver by that party to take recourse to arbitration and, thereby, also negating the ...... Orders previously made in each of these cases by this Court are also accordingly maintained.
17. There are no orders as to costs.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 64.
..
Category: Alternative Dispute Resolution | Date: | Hits: 589
Md. Muntasir Hossain MD., Unipay 2U (BD) Ltd. Vs. State and another, 2011, 40 CLC (HCD)
....jected. The order of stay granted earlier by this Court stands vacated. Communicate a copy of the order to the Court concerned. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 177. ......nd 4(2) of the Money Laundering Prevention Act, 2009 alleging that the accused persons cheated the people to deposit money with them, promising the general public to give 32.5% of profit on deposited amount and the accused persons are sending money abroad to purchase gold which is not authorized b...... a first information report against the accused persons under section 2(ট)(অ) and 4(2) of the Money Laundering Prevention Act, 2009 alleging that the accused persons cheated the people to deposit money with them, promising the general public to give 32.5% of profit on deposited amount and the ac..Category: Criminal Law | Date: | Hits: 123
State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)
.... persons with him and he will tell their names later on, but he did not disclose their names. In cross-examination of the defence he stated that in the night of occurrence he was in his house for the whole night, Zakaria was arrested after him and till his arrest he was in his house. He denied the d......2-00/2-30 PM Zakaria had come in his residence at Sewrapara and on 14-8-2004 Zakaria had asked Tipu to go to him with Tk. 2,00,000 and Tipu had informed the said occurrence and also demanded the said amount to him but he declined Tipu withdrew Tk. 1,60,850 from Mercantile Bank at Rokeya Sarani Branc......an of sound and rich economy and the condemned prisoner Zakaria Kabiraj being acquainted with the deceased could not check his temptation and before the date of occurrence the condemned prisoner took money from the deceased for purchasing some land at a lowest price but in fact no land was purchased..Category: Criminal Law | Date: | Hits: 147
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