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Bank of Small Industries & Commerce Bangladesh Vs. Shahabuddin Ahmed, 2012, 41 CLC (HCD)
....ring pendency of the execution case, the opposite-parties 4-13, as a 3rd party to the proceedÂing, filed Misc. Case No.404 of 2004 under Order XXI Rule 58 of the Code of Civil Procedure setting up a claim case on the attached property. The decree holder-Bank filed a written objection praying for di......wing the said case under Order XXI Rule 58 of the Code of Civil Procedure, should not be set aside or such other order passed as this Court may seem fit and proper. 2. The relevant facts necessary for disposal of the rule are that the petitioner, namely Bank of Small Industries & Commerce Ban......ble, as such, an order is appealable under Order XLIII Rule 1 of the Code of Civil Procedure. The learned Advocate submits further that the decree-holder's first execuÂtion case relating to the same money decree was filed earlier and it was dismissed on limitation ground. So, the 2nd execution case..Category: Civil Law | Date: | Hits: 161
Azibur Rahman Alias Arzu Vs. Kala Miah & another, 1982, 11 CLC (HCD)
....ls. The learned Advocate submits that the application filed by respondent No.2 Haji Abdul Ghani was an application under Order 38, Rule 8 C.P.C. and it was incumbent upon the Court to investigate the claim of respondent before making any order. The learned Subordinate Judge, however, did not make an......Altaf Hossain J.- This application is directed against an order dated 2.5.81 passed by the Subordinate Judge, 4th Court, Dacca in Title Suit No.27 of 1981. The appellant Azibur Rahman instituted the aforesaid title suit No.27 of 1981 in the Court of Subordinate Judge, 4th Court, Dacca on 21.1.81 aga......erty attached before Judgment, such claim shall be investigated in the manner herein before provided for the investiÂgation of claims to property attached in execution of a decree for the payment of money." 7. Order 21 Rule 58 of the C.P.C proÂvides the manner of investigation of claims to prop..Category: Procedural Law | Date: | Hits: 146
Shaikh Obaidul Haq Vs. State & another, 1986, 15 CLC (HCD)
....n 420 of the Penal Code now pending in the Court of Chief MetropoliÂtan Magistrate, Dhaka be quashed. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 105. ......Amin-Ur Rahman Khan J.- The petitioner being an accused in criminal Case No.572A of 1981 under section 420 of the Penal Code made this application under section 561A of the Code of Criminal Procedure for quashing the said criminal proceeding. 2. The petitioner also prayed for setting aside the or......f the goods against post-dated cheques the petitioner had no intention to pay for the goods received against the post-dated cheques. There is also no statement in the petition that the petitioner had money for payment on a subÂsequent date. In this respect we may refer to a decision reported in AIR..Category: Criminal Law | Date: | Hits: 67
Kazi Aftabuddin and others Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....d development of the said Airport were completed in course of time but an area of 17.35 acres appertaining to Khatian Nos.394, 113 and 92 of Mouza Kafrul remained unutilised, of which the petitioners claim to own an area 2,6097 acres. They also claim to be in possession of the lands by constructing ...... instrument and such right has not been given effect to. Any letter, which is not a legal instrument to create any legal right and which only lays down the policy of the Government, does not have any force of law and thus Article 102 of the Constitution cannot be invoked.………………………â......h step has been taken by the authority to remove the structures. In view of the above, the petition is rejected summarily. No cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 422. ..Category: Property Law | Date: | Hits: 67
Hubble Corporate Ltd. Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)
....rt) for compensation of an amount of Taka 59,38,897, The goods were covered under the insurance policy with other the goods belonged to other clients of the Bank. But the Bank ultimately accepted the claim for only a sum of Taka 15,000 offered by the Insurance Company although the petitioner rejecte......ndent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ......t to claim any amount from the petiÂtioner as the goods were destroyed due to negÂligence of the Bank; (v) the Bank, as plaintiff filed the Artha Rin Suit unlawfully claiming huge amount of loan money from the defendant-petitioner although the goods were destroyed when it has with the custody o..Category: Civil Law | Date: | Hits: 176
Mangal Chandra Sarker and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....id petition that the petitioners substantially raised their grievance against the order of acquisition of the land described therein. 9. The petitioners, in all the writ petitions, narrating their claim of title stated that the respondents did not comply with the provisions of relevant law while ......te Notification dated 21-8-1989 in respect of the land of plot Nos.84 and 79 and Gazette Notification dated 4th September, 1990 in respect of plot Nos.17 and 117 by which the Government acquired the aforesaid property of the petitioners situated at Mouza-Chakoli, JLNo.214, Police Station Pallabi, Dh......directed the office to verify the genuineness of such claim and after verification of the said power of attorney the said amount was paid to those persons. Thereafter, some other persons withdrew the money of comÂpensation. It has been argued by Mr. Afric that the said compensation was not actually..Category: Property Law | Date: | Hits: 89
Md. Iddris Sheikh Vs. State, 2008, 37 CLC (HCD)
....f Chief Judicial Magistrate, Faridpur, shall continue in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 223. ......1881 The Negotiable Instrument Act, 1881, by its nature, is not a cumbersome Act, and the proceeding under section 138, once the offence is admitted, is summary in nature and there is little scope for taking defence……………………………….(17) Cause of action of a Criminal Case ...... Vs. State reported in 7 BLC 241 wherein it has been held:- "In the petition of complaint it is stated that the complainant-opposite party No.2 issued notice demanding payment of the amount of the money stated in the cheque within 7 (seven) days. By issuing such notice there was no breach of the ..Category: Criminal Law | Date: | Hits: 103
....oner company jointly filed I.R.O. Case No.1 of 1997 in the Second Labour Court, Chittagong (Respondent No.1) under Section 34 of the Industrial Relation Ordinance, 1969 against the petitioner-company claiming scale of Tk. 820-36-1468/-. in place of Tk. 620-20-980/- with retrospective effect from the......eir appointment. With a view to contest the case the second party-petitioner company filed a written statement denying the first party-respondents' claim. Thereafter, the case was fixed on 27.11.2000 for hearing. On this day, the first party filed hazira and the second party filed a petition praying...... No.1) in I.R.O. Case No.1 of 1997 (Annexure-C) are declared to have been passed without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 275.
..
Category: Labour and Industrial Law | Date: | Hits: 190
Elias Brothers (Md.)(Pvt.) Limited and another Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....(4) of the Ordinance is baseless and, as such, the action under section 12 of the Ordinance is not applicable in this case. It has been further stated that since the respondents deposited the amounts claimed by the GovernÂment in time no question of abatement of LA proceeding arises. 11. Mr. AFM......rson interested who has not accepted any award made by the deputy Commissioner under this Ordinance." After insertion of sub-section (3) of section 28 it was made more clear that it would be required for the applicant to implead the requiring person as party to his application made under section 28(......001 the Land AcquisiÂtion Officer-respondent No.3 after preparing the supplementary compensation served a notice to the respondent No.4-Korean Export Processing Zone (KEPZ) to deposit compensaÂtion money. But the respondent No.4 the KEPZ without depositing money made some representations to the De..Category: Civil Law | Date: | Hits: 170
....9)
A document must be annexed to validate any injury or disability to get remedy.
Disabled freedom fighters with 5%disability and enlisted with the Trust for the first time in 2004-2008, cannot claim themselves in any manner to stand on same footing with the disabled freedom fighters who were ......onorarium…………………………(9)
A document must be annexed to validate any injury or disability to get remedy.
Disabled freedom fighters with 5%disability and enlisted with the Trust for the first time in 2004-2008, cannot claim themselves in any manner to stand on same footing with...... grant the relief sought for in this writ petition. Accordingly, theRule is discharged with the above observations.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:Â
..
Category: Civil Law | Date: | Hits: 104
Nayeem Mehtab Chowdhury Vs. State, 2010, 39 CLC (HCD)
....estigation or trial of the case upon the complaint petition dated 16-4-2006, treated as FIR. We have noted that this is not a case filed by the company to protect its property or to realize any other claim due to the company. Rather, it is the complainant, who claims to have been aggrieved by the al......aw.………………(15) Nothing in section 173 of the Code of Criminal Procedure preclude further investigation in respect of an offence after a report under section 173 (1) of the Code has been forwarded to the Magistrate. The sub section (3B) of section 173 does not require any protest petiti......ant documents, namely the loan applicaÂtion, company's resolution to take loan, the sanction letter or loan agreement, the statement of the loan accounts, cheques showing as to who has withdrawn the money from the loan account, the cheque signing authority, the letter or deed of guarantee and other..Category: Criminal Law | Date: | Hits: 124
.... discussion, we do not find any substance in this petition. And it is, accordingly, rejected in limine without any order as to costs.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 594.
......eme Court
High Court Division
(Special Original Jurisdiction)
Present:
AM Mahmudur Rahman J
Md. Mozammel Hossain J
Stadmax Ltd………Petitioner
Vs.
General Manager, Credit Information Bureau, Bangladesh Bank & others………Respondents
Judgment
June 1, 1998.
R......ted provision of section 44 of Bangladesh Bank Order, 1972 by furnishing information to the Hon'ble Finance Minister to announce in the Parliament the names of the defaulting borrowers. Secondly, the money suits being sub judice and as such, there is no basis for holding that the petitioner is a def..
Category: Civil Law | Date: | Hits: 119
Shitalakhaya Ice and Cold Storage Pvt. Ltd. Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
....t of this order positively and ensure the compliance to the Registrar of the Supreme Court without any fail. Communicate at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 487. ...... MLR (AD) 58 = 58 DLR (AD) 1; 38 DLR 172; 41 DLR 490; 17 DLR 191. Lawyers Involved: Moudud Ahmed, Senior Advocate with Raziuddin Ahmed - For the Petitioner. Kazi Rehan Nabi with Md. Lutfor Rahman, Advocates - For the Respondent No. 2. Writ Petition No. 3986 of 2010. Judgment ......by order dated 27-03-2001 when the petitioner accepted the loan, an agreement was entered into on 8-5-2001 between the petitioner and the bank. On the basis of the said agreement the petitioner spent money for the project and the bank disbursed amount by installments. But suddenly the bank stopped f..Category: Civil Law | Date: | Hits: 108
Enamul Haque Vs. State, 2010, 39 CLC (HCD)
....of the Code. Accordingly an SI of Lohagara police station went to the concerned place, being BS Plot No.10843, and held an investigation. It appears from his report that both these contending parties claim to have purchase the land in question from the same seller. He further reported that “উক......achment as per section 146(2) of the Code. Next he can pass an order to appoint a receiver………………(16) Order of attachment of property At the stage of the enquiry initiated by calling for the written statement for both the parties to ascertain the possession and other relevant issues......he Code, the Magistrate is directed to dispose of the matter expeditiously. Communicate the order at once to the Courts concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 339. ..Category: Criminal Law | Date: | Hits: 105
....icata is that no court shall try any suit or issue in which the matter directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a court competent to try such subsequent, suit or the sui......f Civil Procedure, 1908 (Act No. V of 1908); Order 7 Rule 11
The provision of res-judicata is that no court shall try any suit or issue in which the matter directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litig...... to costs and the impugned judgment and decree dated 21.01.2006 passed by the learned District Judge, Moulvibazar is hereby affirmed.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 13.
..
Category: Procedural Law | Date: | Hits: 165
Abdul Jabbar Bhuiyan and others Vs. Kulsum Banu Bibi and others, 2008, 37 CLC (HCD)
....No.2 during his life time had been living in the suit land by erecting houses and lived therein with his family and also established a Madrasha, set up tube-well, latrine etc. When the defendant No.1 claimed the suit land and filed the Title Suit No.78 of 1988 against the original owners, the defend......cated. Lower Court's record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 212. ......ourt at the time of issuance of the rule is hereby vacated. Lower Court's record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 212. ..Category: Property Law | Date: | Hits: 112
Jahirul Haque Vs. State, 2011, 40 CLC (HCD)
....used persons under section 394 of the Penal Code. The charge so framed was read over and explained to the convict-appellants including two other accused perÂsons to which they pleaded not guilty and claimed to be tried. 6. The prosecution, with a view to connect the accused persons with the crim...... of GR No.43 of 2001 corresponding to Burichang PS Case No.10 dated 19-4-2001 convicting the appellants under section 394 of the Penal Code and sentencing both of them to suffer rigorous imprisonment for 10 years and also to pay a fine of Taka 1000 each, in default to suffer rigorous imprisonment fo......eÂants managed to flee away. On being apprehended the convict-appellants were brought before P.W.4 when she recognized both the accused Billal and Jahirul and informed that accused Jahirul took away money from her waist and accused Billal along with other absconding accused persons took away wearÂ..Category: Criminal Law | Date: | Hits: 83
Faroque Reza Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
....strained front dispossessing the petitioner from the disputed property initially for three months from 03.07.07 and subsequently it was extended till disposal of the Rule. 4. Petitioner Faruk Reza claims that he acquired the land of C.S. Plot No.8 appertaining to Khatian No.3841 of Mouza Sutrapur......ty Corporation disrupting the easement right of the petitioner. 3. Subsequently respondent Nos.4, 5, 7 and 8 were restrained front dispossessing the petitioner from the disputed property initially for three months from 03.07.07 and subsequently it was extended till disposal of the Rule. 4. Pet......an No.3841, Mouza Sutrapur, under Dhaka Collectorate is declared to have been passed without lawful authority and is no legal effect. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 256. ..Category: Civil Law | Date: | Hits: 74
National Bank Ltd. Vs. Provashi International Ltd. and others, 2010, 39 CLC (HCD)
.... The appeal is dismissed. Jurisdiction of the Artha Rin Adalat The Artha Rin Adalat Ordinance came into effect on 31-7-1989 establishing special Courts for adjudication of the recovery of loans claimed by the financial institutions. This Ordinance was repealed by Artha Rin Adalat Act, 1990 (Ac......dgment December 12, 2010. Result: The appeal is dismissed. Jurisdiction of the Artha Rin Adalat The Artha Rin Adalat Ordinance came into effect on 31-7-1989 establishing special Courts for adjudication of the recovery of loans claimed by the financial institutions. This Ordinance was ......of L/C; that the defendant paid Tk. 26,065.47 as bill of clearing and forwarding agency and Tk. 64,122.50 as bill of Transport agency; that the defendant released 344 bags of Garlic with LTR and cash money on 16-8-1987. On 8-1-1987 defenÂdant prayed for 45 days time to release the garlic and in the..Category: Civil Law | Date: | Hits: 106
Md. Shahidul Islam Vs. Most. Anwara Begum, 2007, 36 CLC (HCD)
....f started leading her conjugal life in the house of the defendant. Thereafter, the defendant received Tk. 2,20,000/- from the plaintiff with a view to repay the Bank loan. Thereafter, the defenÂdant claimed dowery of Tk. 2,00,001/- from the plaintiff and with that end in view started inflicting tor...... 11, 2007. Result: The Rule is made absolute. Muslim marriage is a socio-religious contract between a man and a woman and as such signatures of the parÂties in the 'Kabinnama' are essential for proving marriage. No amount of oral eviÂdence can cure the deficiency and no amount of oral evi......defendant declared the marriage by swearing an Affidavit. Subsequently, on 30-1-2004, in agreement of the guardians of both the parties a 'Kabinnama' of their marriage was registered fixing the Dower money at Tk. 2,00,001/- and the plaintiff started leading her conjugal life in the house of the defe..Category: Family Law | Date: | Hits: 140
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