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M/S. Udayan Board Mills Vs. Janata Bank and another, 2010, 39 CLC (HCD)
....earlier by this Court stands vacated. Communicate this judgment at once. M. Moazzam Husain J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 365; 18 BLT (HCD) (2010) 266. ......a suit being Artha Rin (Mortgage) Suit No.43 of 1996 in the Court of learned Joint District Judge and Artha Rin Adalat, Narayanganj against the defendants praying for recovery of its outstanding loan amounting to Tk. 10,81,560/- along with 20% of interest till realisation of the unpaid amount. The......earlier by this Court stands vacated. Communicate this judgment at once. M. Moazzam Husain J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 365; 18 BLT (HCD) (2010) 266. ..Category: Civil Law | Date: | Hits: 129
State Vs. Arman Ali and another, 2008, 37 CLC (HCD)
....- in default to suffer rigorous imprisonment for 6 (six) months. Send down the L.C.R. at once. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 47. ......- in default to suffer rigorous imprisonment for 6 (six) months. Send down the L.C.R. at once. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 47. ......ana and Telu called out the victim to the field of Telu; that Arman hit him and fell down on the ground; that the victim begged mercy to them and requested them not to kill him and he would give them money bringing the same from his father; that accused told him that Rehana gave them Taka 40,000/- f..Category: Criminal Law | Date: | Hits: 106
Md. Siddique Miah Vs. Most. Mazeda Begum and others, 2009, 38 CLC (HCD)
....without any order as to cost. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 362. ....... 60,000/- for payment to decree holder, but the local chairman ultimately on 17.02.2008 refused to make such payment. Thereafter on 18.02.2008 she filed the Family Execution case for her decreetal amount of Tk. 91,501/-. It is very shocking to note that the judgment debtor (husband) on the pretex......g in force. Section 16. Enforcement of decrees.- (1).......................................... (2).......................................... (3) Where the decree relates to the payment of money and the decretal amount is not paid within the time specified by the Court, the decree shall, ..Category: Limitation Law | Date: | Hits: 147
Sarder Mohammad Abdur Rahman and others Vs. Janata Bank and another, 2010, 39 CLC (HCD)
.... Rule is discharged without any order as to cost. Send down the lower Court's record at once. Nozrul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 356. ......n, 1990 is a special law and this Ain specially provides for only two remedies against an ex-parte decree either by an application or by an appeal and in both the remedies deposit of 50% of decreetal amount is necessary but in this case the petitioner did not deposit 50% decreetal amount as such the......e opposite party No.1 Bank as plaintiff instituted Title Suit No.211 of 2001 in the Court of Joint District Judge and Artha Rin Adalat-1, Dhaka against the defendant petitioner for realization of money under the Artha Rin Ain, 1990. The suit was decreed ex-parte on 10.4.2002 and then Money Execu..Category: Civil Law | Date: | Hits: 89
Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)
....ualties on both sides of the ethnic divide, the indigenous people suffered the most because the balance of force was not on their side, among other things. Moreover, the security forces had, on the whole, paid little heed towards the human rights of the indigenous people in their quest to contain ......f 1998, to be stayed. Accordingly, the prayer is refused. There is no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 208. ......e atrocities have shamed all mankind in the not too distant past. In consonance with the secret policy, "settlers" from the plains were inducted into the Tracts by providing them with free land, money, cattle, food ration and other incentives. Besides this nefarious policy of dispossessing the ..Category: Constitutional Law | Date: | Hits: 314
Chowdhury Ataur Rahman Azad Vs. State, 2009, 38 CLC (HCD)
...., District-Sylhet. Send down a copy of this Judgment to the lower Court for necessary action at once. Md. Imman Ali J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 186. ......nt by force and demanded Tk. 6,00,000/- for exchange of their forged land property. On 20.4.2007 at 12:00, accused Md. Anwar Ali and Md. Latib Ali threatened the complainant to give them the said amount of money and withdraw the suit. Accused Md. Anwar Ali further threatened the informant that......e and demanded Tk. 6,00,000/- for exchange of their forged land property. On 20.4.2007 at 12:00, accused Md. Anwar Ali and Md. Latib Ali threatened the complainant to give them the said amount of money and withdraw the suit. Accused Md. Anwar Ali further threatened the informant that if he fai..Category: Criminal Law | Date: | Hits: 84
Md. Habibur Rahman Chowdhury Vs. State and another, 2010, 39 CLC (HCD)
....of the Rule is hereby vacated. Communicate a copy of this Judgment to the trial Court immediately. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 182. ......he Petition Case No.108 of 2007 on 15.01.2007 before the Court of Chief Metropolitan Magistrate, Dhaka against the accused-petitioner alleging that he issued 7 (seven) 'account payee' crossed cheques amounting to Tk. 6,97,00,000.00 namely: 1) Cheque No.01569585 dated 30.4.2006 for Tk. 1,00,00,000...... 16.7.2006 7) Cheque No.01569596 dated 30.7.2006 on 30.7.2006 All the cheques were bounced for insufficient fund which was informed to the accused-petitioner who assured that he would deposit money within a few days and then all the cheques would be encashed. The opposite party No.2 accordin..Category: Criminal Law | Date: | Hits: 138
....Court, in complaint Case No.450 of 1993. Stay Order granted earlier by this Court is hereby vacated. Send down the LC Records at once.
Ed.
This Case is also Reported in:49 DLR (HCD) (1997) 396.
......he learned Advocate appearing on behalf of the petitioner, has mainly argued that the learned Labour Court in applying the provisions under sections 3 and 4 (2) of the Standing Orders Act erred in lawamounting to exercise of jurisdiction not vested in it by law inasmuch as section 3 provides that an......Court, in complaint Case No.450 of 1993. Stay Order granted earlier by this Court is hereby vacated. Send down the LC Records at once.
Ed.
This Case is also Reported in:49 DLR (HCD) (1997) 396.
..
Category: Labour and Industrial Law | Date: | Hits: 265
Mizanur Rahman Vs. Surma Khatun, 1998, 27 CLC (HCD)
....ourt is directed to take steps after receiving the records for securing arrest of the petitioner to serve out the remaining sentence. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 559. ......of fine imposed by the appellate Court, I am of the opinion that the appellate Court acted beyond its jurisdiction. When sentence of fine is imposed in addition to sentence of imprisonment, this will amount to enhancement of sentence. In view of the provisions of section 423(1)(bb), in an appeal for......ourt is directed to take steps after receiving the records for securing arrest of the petitioner to serve out the remaining sentence. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 559. ..Category: Procedural Law | Date: | Hits: 105
Abdur Jabbar Sheikh Vs. Md Rafiqul Islam and others, 2010, 39 CLC (HCD)
....side and that of the trial court is restored. However, there shall be no order as to cost. Send the LCR back to the courts below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 470. ......side and that of the trial court is restored. However, there shall be no order as to cost. Send the LCR back to the courts below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 470. ......e plaintiff came to a contract for purchase of the said property at a consideration of Taka 22,000.00 and a Bainapatra was executed on 02.4.1979 upon which the said seller Raja Kha obtained baina money of Taka 17,000.00 out of the consideration money and handed over the possession of the suit ..Category: Property Law | Date: | Hits: 119
....ment the judgment and order complained of without further delay. The order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 606.
......fect from 11‑11‑91, his letter of resignation was tendered to and accepted by the editor (petitioner No.1), but the respondent No.2 was not paid his gratuity, leave salary, unpaid pay and arrears amounting to Taka 2,94,480,00 in total in spite of his written request/demand dated 2‑12‑9 1, he......up of industrial establishments."
16. The wages have been defined in section 2 (VI) of the Act as under:
Section 2(VI):
"Wages" means all remuneration, capable of being expressed in terms of money, which would, if the terms of the contract of employment, express or implied, were fulfilled, ..
Category: Labour and Industrial Law | Date: | Hits: 215
Komor Ali and another Vs. Al-Arafa Islami Bank Ltd. and others, 2011, 40 CLC (HCD)
....rther submitted that the Courts below without examining and considering the contents made in the application under Order 21 Rule 90 of the Code of Civil Procedure have misread and misunderstood the whole object and rejected the said Miscellaneous Case No.17 of 2009 only on the ground of issuance o......submitted that as per section 20 of the Artha Rin Adalat Ain, 2003 the proceeding of Miscellaneous Case No.17 of 2009 was barred. 3rdly he submitted that without making deposit of 25% of the decretal amount the proceeding under Order 21 Rule 90 was not maintainable. 4thly he submitted th......e present petitioner being 3rd party to the Artha Rin Suit as well as Artha Zari Case instituted Title Suit No.158 of 2005 before the 6th Court of learned Assistant Judge, Dhaka for setting aside the money decree passed in Artha Rin Suit No. 227 of 2001. The opposite party No. 1 submitted an applica..Category: Civil Law | Date: | Hits: 112
Golam Mahbub (Md.) Vs. State and another, 2011, 40 CLC (HCD)
....he Rule is liable to be discharged. 12. On perusal of the application, counter-affidavit, submissions made for and against the Rule by the learned Advocates of both the parties, we find that the whole issue is with regard to a MoU, which has never been disclosed to any usage by anybody. As cont......e hold that there is no prima facie case in the Complaint Case No.7404 and 2008, that could implicate the instant accused-petitioner; and therefore the proceedings in the said case if continued would amount to sheer abuse of process of the Court , and as such, the said proceedings is liable to be qu......rder passed in this case stands vacated. Let a copy of this Judgment and Order be transmitted to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 44. ..Category: Criminal Law | Date: | Hits: 100
AKM Fayekuzzaman Vs. State and another, 2010, 39 CLC (HCD)
....site party Rejina Begum is Civil in nature. She may get relief on the basis of the contract. The contract between parties is a secret document. No one can go beyond contract. In the instant case, the whole thing is to be settled on the basis of contract which the parties solemnly signed. The complai......etition case No.6 dated 17-6-2008 to recover the blank cheques. Simultaneously the accused wrote a letter to the Bank to stop payment because only 10% of the work was done by the complainant but more amount of bills was already withdrawn by her. 6. In view of the above facts and circumstances o......ccused who is a reputed 1st class contractor; that the accused approached to the complainant that he has got five work orders whose contract value stands at Taka 13,17,36,515.60; that he needs some money for the completion of those works; that the accused expected to earn about more than taka two ..Category: Criminal Law | Date: | Hits: 99
Ms. Nurunnahar Begum Vs. Sheikh Moqbul Ahmed and others, 2009, 38 CLC (HCD)
....nected Civil Rule No.576 (f/m) of 2004 is made absolute. Send down the lower Court records at once. AKM Abdul Hakim, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 145. ......nected Civil Rule No.576 (f/m) of 2004 is made absolute. Send down the lower Court records at once. AKM Abdul Hakim, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 145. ......learned Joint District Judge, First Court, Pabna allowing Misc. Case No.23 of 2001 thereby granting to share of the applicants and opposite party No.1 as per Muslim Law of inheritance in respect of money of the deceased Sheikh Sharif Ahmed including schedule 'Gha' to the application i.e. provident..Category: Civil Law | Date: | Hits: 136
State Vs. Kamal Ahmed, 1997, 26 CLC (HCD)
....of which the first one hit Safer and the second one Rashid. Thus we find that the confessional statement was made by the condemned prisoner Kamal Ahmed in a tactful manner and he did not disclose the whole truth and only the truth in the same in order tosave himself from the charge of murder. In the......, that Rashid died on the spot and Safar died after treatment. During cross‑examination he stated that the name of Matin was learnt by them from the two apprehended decoits. He also stated that the amount of the bills was drawn just before the Eid holidays, there was rush in Bangladesh Bank for dr......ing, fired a shot from a weapon like revolver which hit the back of Saferuddin causing bleeding injury who fell down on the floor. Thereafter the miscreant snatched away the rexine bag containing the money, scaled over the railing o the verandah and started fleeing. Another miscreant was standing ju..Category: Criminal Law | Date: | Hits: 131
Md. Nazrul Islam Mollah alias Nazrul Islam Mollah Vs. State and another, 2009, 38 CLC (HCD)
....scharged. Stay granted earlier by this Court at the time of issuance of the Rule is hereby vacated. Md. Abdus Samad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 103. ......ed, inter alia, that the accused-petitioner had developed close relationship with the informant and on 01.08.2004 asked the informant for a loan of Tk. 20,00,000/- against which he would repay him an amount of Tk. 80,00,000/- after 1 years. The informant agreed with the proposal and, accordingly, ga......04 in presence of the witnesses Shah Jamal Shaha (a Valiant Freedom Fighter), Abdul Hamid and M. M. Sarker. Thereafter, on 20.04.2006, the informant requested the accused-petitioner to repay the said money when he asked him to wait for sometime and also offered him to become a partner of his busines..Category: Criminal Law | Date: | Hits: 108
Md. Aktar Hossain and others Vs. Capital Tower (Pvt.) Ltd. and others, 2008, 37 CLC (HCD)
....yments on their shareholdings whereas in the Audit Reports the Company has been shown to have a fully paid-up share capital, the Petitioners contend that the revised audit reports being premised on wholesale changes introduced in the "revision" exercise constitute but new rather than "revised" aud......opole Construction Company, and also the agreement dated 14.10.2004 executed between the Respondent Nos.2, 3 and 5 and the said Mujibur Rahman, and direct the Respondent Nos.2, 3 and 5 to repay the amounts received under the said agreements to the Respondent No.1 Company; (c) Appoint a new and ind......der inform the Respondent No.10, Registrar of the same and send him a certified copy of the same. 17. There is no order as to costs. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 265. ..Category: Company Law | Date: | Hits: 177
Jahangir Alam Vs. State, 2004, 33 CLC (HCD)
....y upheld. Send down the Lower Courts' Records with a copy of this Judgment to the concerned Tribunal for necessary action at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 191. ......good prima facie case against all the accused persons. He also seized a plastic gallon Garikon, from the possession of the accused Jahangir according to his showing. The said container contained some amount of corrosive substances in its bottom. He sent the said liquid to the chemical expert for exa......y upheld. Send down the Lower Courts' Records with a copy of this Judgment to the concerned Tribunal for necessary action at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 191. ..Category: Criminal Law | Date: | Hits: 103
Eastern Bank Limited Vs. Subordinate Judge and another, 1997, 26 CLC (HCD)
....nd of no legal effect and Artha Rin Adalat is directed to return the plaint to the plaintiff for presentation before the proper Court. Ed. This case is also Reported in:49 DLR (HCD) (1997) 531. ......he plaintiff‑respondent deposited US dollar 60,00,000.00 in FC account No.017‑00206 at the principal office the said bank being share subscription paid by the Kingdom of Saudi Arabia and the said amount was placed in interest bearing Foreign Currency Time Deposit Accounts (otherwise known as pla......to do. 2. Respondent No.2 Saudi Bangladesh Industrial and Agricultural Investment Company Limited filed on 2‑7‑1994 Money Suit No.6 of 1994 in the aforesaid Artha Rin Adalat for realisation of money valued at US dollar 9,810,011.44 with interest claiming that defendant‑petitioner is the suc..Category: Civil Law | Date: | Hits: 119
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