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Begum Shamsunnahar Chowdhury Vs. Md. Masud Jamal and others, 1994, 23 CLC (HCD)
....115 of the Code of Civil Procedure. In view of the above, the Rule is discharged. Let the lower Court records be sent down at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 267. ......poration, Rajshahi, Subsequently she executed a general power of attorney in favour of the opposite party No.1 in respect of the house. At the same time she entered into an agreement to sell the said property to the Attorney with all encumbrances and loans and dues to the House Building Finance Corp..Category: Civil Law | Date: | Hits: 132
Hanif Chowdhury alias Serajul Islam Chowdhury Vs. Mohammad Hasan Ali and another, 2007, 36 CLC (HCD)
....e of the suit land at a consideration of Tk.30,000/- on 10.7.1986. The defendant No.1 was a minor on that date and that is admitted. On perusal of the contract it shows that the mother herself in her personal afford executed the contract without being empowered from any Court of law to transfer immo......date and that is admitted. On perusal of the contract it shows that the mother herself in her personal afford executed the contract without being empowered from any Court of law to transfer immovable property belonged to the minor defendant. Power of a mother for transfer of property belonged to her..Category: Civil Law | Date: | Hits: 129
Md. Abdul Hye and others Vs. State, 2005, 34 CLC (HCD)
....ctor after inspection submitted report stating that the registration number of the motor cycle is Naogaon A-661 whose owner is Abu Zafer Siddiky @ Akhter. The investigating officer Monirul Hoque also personally investigated chassis number and engine number of the motor cycle through magnifying glass......ption Act, 1947 (Act No. II of 1947); section 5(2) To establish the charge under clause (c) of sub-section 5, the prosecution firstly is to prove that the accused had dominion or control over the property which was also entrusted on him and he dishonestly or fraudulently misappropriated or conve..Category: Criminal Law | Date: | Hits: 109
Md. Abdul Quddus and another Vs. State, 2005, 34 CLC (HCD)
....t by rash driving or riding on a public way.- Whoever causes grievous hurt to any person by driving any vehicle, or riding on any public way so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term whic......exhibit-1 and his signature therein is marked exhibit-1/1. 28. To arrive at a proper decision in the case, I think it necessary for me to scrutinize the material evidence on record for judging the property of the impugned Judgment. 29. The allegation against the accused petitioner is that accu..Category: Criminal Law | Date: | Hits: 119
Mrs. Hasina Shams Vs. IFIC Bank Ltd. & Others, 2005, 34 CLC (HCD)
....d 21.03.1991 also sanctioned the defendant No. 1 credit facilities along with temporary over drawing facilities; the defendant Nos. 2-4 along with the defendant No. 5 stood as guarantors and executed personal guarantee in favour of the plaintiff bank for repayment of the above loans, being Director ......egorically stated that the defendant Nos. 2-4 are the directors of the defendant No. 1 and they stood as guarantors by executing personal guarantees and the defendant NO.5 also made 2nd charge on her property for repayment of the loan availed by defendant No.1 and in the above suit the defendant No...Category: Civil Law | Date: | Hits: 122
Nurul Huda Miah (Md) Vs. Dhaka Water Supply and Sewerage Authority and others, 1992, 21 CLC (HCD)
.....3 have been denied. 13. Learned Advocate for the petitioner contended, relying on the decision in the case of Protap Singh Vs. State of Punjab reported in AIR 1964 (SC) 72, that the allegation of personal character must be denied on oath by the respondent himself against whom such allegation is ......9.10.1989 the same is discharged. There will be no order as to costs in the Rules considering the facts and circumstances of the cases. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 527...Category: Employment/Service Law | Date: | Hits: 231
Mst. Fatema Begum and others Vs. AKM Gyasuddin Sarder and others, 2007, 36 CLC (HCD)
....granted in the rule, and extended subsequently is here by recalled and vacated. Send down the L.C. Record and communicate the order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 534.......No.1 purchased .78 decimals of land under S.A. Plot No.10, and he subsequently sold some portions of his purchased land to the other co-plaintiffs and all the plaintiffs are in possession of the suit property, described in the schedule of the plaint measuring .78 decimals and while they were in poss..Category: Procedural Law | Date: | Hits: 97
Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
.... parties without being graced with a decree of partition in respect of undivided alleged leased out property? The answer must be in the firm negative. 66. Former Enemy Property now Vested Property personal i.e. Assistant Custodian cannot take possession of the alleged leased out property without ......First Court of Subordinate Judge, Dhaka seeking, following relief's: a. A decree may be passed in favour of Plaintiff and against Defendants, by confirming, possession of Plaintiff on "A" schedule property. b. A decree for recovery of khas possession may be passed in favour of Plaintiff and ag..Category: Procedural Law | Date: | Hits: 108
Zafar Ali (Md.) Vs. Md. Momtaz Hasan & others, 1997, 26 CLC (HCD)
....hose of the trial Court are restored. The suit is decreed. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 319. ......ich is as follows: "Any document not itself creating, declaring, assigning, limiting or extinguishing any right, title or interest of the value of one hundred rupees and upwards to or in immovable property, merely creating a right to obtain another document which will, when executed, create, decl..Category: Property Law | Date: | Hits: 117
....scharged with costs and the order of stay stands vacated.
Let the LC Records be sent down immediately with a copy of the Judgment.
Ed.
This Case is also Reported in: 49 DLR (HCD) (1997) 318.
......payment of rent. The suit was decreed ex parte on 224‑85. Thereafter, opposite party No.1 started SCC Execution Case No.2 of 1985 for taking delivery of possession. The petitioner claiming the suit property as vested property filed Misc. Case No.11 of 1993 and also OC Suit No.21 of 1983 renumbered..
Category: Procedural Law | Date: | Hits: 135
State Vs. Raisuddin and others, 1996, 25 CLC (HCD)
.... uncertainty and doubt hovers and such uncertainty and doubt lurk in, our minds and haunt us to eliminate such doubt. The witnesses claim to have recognised the accused. Their recognition is based on personal impression of their own which is hazy and shadowy. When they were in moving condition they ...... liberty forthwith if not wanted in connection with any other case. The jail appeal being Jail Appeal No.1025/992 is also allowed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 517. ..Category: Criminal Law | Date: | Hits: 104
Bangladesh Vs. Hosne Ara Begum and others, 1994, 23 CLC (HCD)
.... below are hereby affirmed. There will be no order as to costs. Let the LC records be immediately sent down to the trial Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 511. ...... 2. The defendant No.1 is petitioner before this Court, opposite party No.1 as plaintiff instituted the aforesaid Title Suit for a decree for specific performance of contract in respect of the suit property. It was the case of the plaintiff that the defendant Nos.1 to 4 were the owners and possess..Category: Property Law | Date: | Hits: 157
Akhtar Rahman Vs. State & others, 1982, 11 CLC (HCD)
....ates to the accused petitioner, are hereby quashed. The Rule is accordingly made absolute. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 100. ......legal. Item 3 of Part 1 of Schedule to the Village Courts Ordinance, 1976 as amended by the Village Courts Ordinance, 1979, runs at follows: "3. Section 379 of the Penal Code when the value of the property involved does not exceed five thousand Taka". Admittedly, the complainant claimed that ..Category: Criminal Law | Date: | Hits: 107
Ferdousy Begum (Doli) Vs. Mahela Khatoon and others, 1996, 25 CLC (HCD)
....or the aforesaid reasons we do not find any substance in this petition. The result is; we reject the petition in limine. No costs. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 313. ......y an order of temporary injunction from evicting the petitioner from the suit house fill filing of the regular suit in the original Court on re‑opening at the end of winter vacation. 2. The suit property was acquired by the Government in LA Case No.13/59‑60 for rehabilitation of the refugees...Category: Civil Law | Date: | Hits: 121
State Vs. Md. Mobarak Ahmed Chowdhury, 2007, 36 CLC (AD)
....tance in the submissions of the learned Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 275. ......bdul Noor Chowdhury is that there was ill feelings in between his first son deceased Md. Bashir Ahmed Chowdhury and his second son condemned prisoner Md. Mobarak Ahmed Chowdhury with regard to landed property. Due to this ill feelings and enmity his first son deceased Md. Bashir Ahmed Chowdhury was ..Category: Criminal Law | Date: | Hits: 79
Alhaj Abdul Awal Ratan and another Vs. Abdul Mannan Mia and others, 2008, 37 CLC (AD)
....he above, we find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 272. ......e application for pre-emption and contending, inter alia, that the land under dispute originally belonged to the vendor, Nabir Hossain who for want of extreme urgency decided to mortgage the disputed property receiving a sum of Tk.60, 000.00. Accordingly, he made such proposal to the pre-emptor but ..Category: Property Law | Date: | Hits: 88
....hree members was formed to enquire into the charges framed against the respondent; the Inquiry Committee gave the respondent adequate opportunity to defend his case and also to appear before them for personal hearing but the respondent, in total disregard of the same, stayed away; then the Inquiry C......t any illegality or infirmity in the decision of the High Court Division so as to call for interference.
The petition is dismissed.
Ed.
This Case is also Reported in: 20 BLT (AD) (2012) 263.
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Category: Labour and Industrial Law | Date: | Hits: 832
Kabiruddin Ahmed Vs. Akmal Hossain and others, 1995, 24 CLC (HCD)
....nomination‑ paper of the opposite party No.1 appears to be of no avail as there can hardly be any waiver or estoppel against a statute. There can be no waiver of a right, even if that right is of a personal nature unless such right becomes available to him. Further, no one can consent or legaise a...... no order as to costs. Let a copy of this Judgment and order be sent to the Chief Election Commissioner for his taking necessary steps. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 245...Category: Election Law | Date: | Hits: 301
Sarada Bala Sen Vs. Sheikh (Md.) & others,1995, 24 CLC (HCD)
....the above decision, the connected application is however rejected. Communicate this order to the Court below at interest of justice. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 239.......ight, title and possession in the same and he is or was never a tenant or sub‑tenant in the suit-premises at all as alleged and that in the SCC suit the question of title could not be gone into and property decided and hence he has instituted the present suit in the year 1987 before the decree in ..Category: Civil Law | Date: | Hits: 130
Nizamuddin Dhali (Md.) Vs. State, 1993, 22 CLC (HCD)
....he light of the observations made in the body of this Judgment. The accused appellant may be allowed to remain on bail pending trial. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 507. ......d at Taka 18,302.00, spare parts worth 24,301.70 and empty barrels worth Taka 90818037.00 by putting the same in his own use in breach of trust. Thus, he has committed breach of trust with respect to property worth Taka 61,319,07.00. 3. Allegation in writing to the above effect was made by the As..Category: Criminal Law | Date: | Hits: 95
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