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Abbas Ali and others Vs. Sharif Hossain Chowdhury and othÂers, 2010, 39 CLC (HCD)
....cated photo copies of the same. Send down the lower Court record. Communicate this order at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ......€¦â€¦â€¦â€¦â€¦â€¦Respondents Judgment January 31, 2010. Result: All the appeals are allowed. The declaration of the learned judge that the deeds in favour of defendants are product of forgery, collusive and not binding upon the plaintiffs, does not in any way give title to the plaint......d no title; learned Judge found that plaintiff failed to prove his title as title of plaintiff was extinguished in L.A. Case No.8/37-38 as plaintiffs' predecessor, Meher Ali received the compensation money, as such, plaintiff acquired no title as successive heirs of Meher Ali. 12. Mr. T.H. Khan, ..Category: Property Law | Date: | Hits: 80
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. ......tue must prima-facie be given its ordinary meaning…………………..(41) In absence of any definition or meaning of the words 'any goods' in the law itself the 'Indian currency' or any other 'foreign currency' will not come with the meaning of the words 'any goods' as contemplated in sub-sec......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
Syed Ghulam Shahriar Vs. Md. Abdur Mannan and 14 others, 2010, 39 CLC (HCD)
....e to the party deprived off from adducing suchevidence. It is correct to say that the technicality of a proceeding should not be prevailed over when the question of justice surfaced on the contending claim of the parties. In such a case it is also to be noticed by the Court whether the additional ev...... the Rule is discharged. However, there shall be no order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 248. ......having no merit is liable to be discharged. In the result the Rule is discharged. However, there shall be no order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 248. ..Category: Property Law | Date: | Hits: 88
Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)
....cast their votes. He also alleged that office-bearers of the Awami League and other sister organisations were taken into custody on the day of on and some of them were tortured. 16. The Petitioner claimed that the election of Respondent No.5 has been materially affected by violation of the provis......003. Result: The Election Petition is allowed. Whether submission of the expenses return is substantial compliance of the law and swearing of the affidavit at the end of the return is a mere formality. The swearing of an affidavit at the end of any statement not only gives the same a to......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
Aminur Rashid Chowdhury Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)
....recommendation for approval of the lease and thereby commitÂted no illegality. 6. During pendency of the writ petition, the writ respondent No.8, namely, Haji Jamir Uddin died and one Md. Ibrahim claiming himself as Secretary, Upakulio Bahumukhi Samabaya Samity Limited was added as writ responde......l-Jalil, Deputy Attorney General, instructed by A.S.M. Khalequzzaman, Advocate-on-Record—For the Respondent Nos.1-7. Md. Zaimd Abedin, Advocate-on-Record—For Respondent No.8. Civil Petition for Leave to Appeal No.625 of 2009. (From the judgment and order dated 1st June, 2008 passed by t...... of land". Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, as prayed for, is dispensed with. Ed. This Case is also Reported in:9 ADC (2012) 650. ..Category: Civil Law | Date: | Hits: 182
Hazi Shamul Alam Vs. Dr. Ashim Sarkar and others, 2006, 35 CLC (HCD)
.... nature, having little importance in deciding the merit of the case. 13. D.W.3, Md. Abu Taher, constituted attorney of contesting defendant non-supported the defence case and generally refuted the claim of the plaintiff. In cross-examination he stated “নালিশী জমি à¦à¦¿à¦Ÿà¦¾ ......Partition Act must be construed liberally and the terms should not be taken to mean not only the structure or building but also adjacent building, garden, courtyard, orchard and all that is necessary for the convenient occupation and enjoyment of the house. It is enough if the house or its appurtena......onnected Civil Rule No.17(F) of 2004 is discharged and the order of stay is vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 199. ..Category: Property Law | Date: | Hits: 132
Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)
....conduct and recommended action against him including direction to vacate his office for a period of three years. 9. The petitioners contended that the University failed to make any response to the claim made by the victim-complainants and other students of reprisal action of assault of one witnes...... May 14, 17, 2009. Result: The Rule is made absolute. The Evidence Act, 1872 (Act No. I of 1872), section 134 Section 134 of the Evidence Act requires no particular number of witnesses for proof of any fact. Therefore, the evidence of the victims and witnesses alleging sexual abuse/ha...... Judgment complying with the principles of natural justice and fairness. 62. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 6; 61 DLR (HCD) (2009) 744 ..Category: Employment/Service Law | Date: | Hits: 169
Moniruzzaman (Md.) Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)
....Court of the District Judge, wherein it was renumbered as Miscellaneous Case No.68 of 1998. The present petitioner appeared in Miscellaneous Case No.68 of 1998 and filed written objection against the claim set out in the application by HBFC made against him. It is not clear how and for what reasons ...... are made in order to short-circuit the long procedure of general law obviously to carry out the purpose of the Order itself………………..(12) Since the law does not make an exception to the forum and consistently mentions the words "District Judge" as the forum for making the application t...... 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)
..... Furthermore, it appears to us that even if the accused petitioners received any money from the complainant that could be for transfer of a land, for the reason of transfer of land the complaint can claim for getting a registered sale deed thereof. These all matters are absolutely within the Jurisd...... 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 fall abso......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)
....1908 (IX of 1908); Section 26 Right of easement invades upon the right of the servient ownÂer and, therefore, all easements should be specifically pleaded so that the servient owner can meet the claim…………………(9) The right of easement by prescription is acquired under section 26 ......ed. The Easements Act, 1882 (V of 1882); Section 13, 15 and 41 The LimiÂtation Act, 1908 (IX of 1908); Section 26 Right of easement invades upon the right of the servient ownÂer and, therefore, all easements should be specifically pleaded so that the servient owner can meet the claim…â...... 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)
....laint was withdrawn on getting simple assurance of amicable settlement, but the complainant was cheated as the accused petitioners did not ultimately reach to an amicable settlement on satisfying the claim of the complainant. Therefore, 2nd petition of complaint has become necessary to be filed thou......lf same allegations against the same accused, and the accused petitioners having been acquitted under section 248 Cr.P.C. on the basis of withdrawal petition of complaint, shall stands as a legal bar for the purpose of initiaÂting the impugned 2nd complaint proceeding. The principle of double je......s paid by him. The accused No.2 and the complainant agreed to the proposal and accorÂdingly, 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)
....of the rule stands vacated. Send down the lower Court record together with copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 225. ...... orders passed as to this Court might seem fit and proper. 2. At the time of issuance of the rule the operation of the impugned judgment and decree dated 10-6-1999 was stayed. 3. Facts relevant for the purpose of disposal of the rule in short are that the plaintiff and the defendant No.4 enter......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)
....on is simple. The Family Court cannot decide the issue of mainteÂnance or guardianship without deciding the issue of legitimacy when it is denied by one party………………..(42) The wife can claim past maintenance for the child if she has been supÂporting the child in the same household wi......iff site should produce more credible evidence e.g. the dower fixed in other marriages of the girls of that family, the family status of the plaintiff and other relevant matters such as "age, beauty, fortune, understanding and virtue" of the girl……………….(34) If there is no kabinnama an......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 installÂments. 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)
....the statutory right has become a part of the fundamental right guaranteed in Part III of the Constitution of Bangladesh after the Constitution of Bangladesh came into force in 1972. Wherever a detenu claims to be released from illegal or improper detention, he can claim his fundamental right guarant...... evil to be suffered, but to no greater extent and in no greater measure than is minimally necessary in the interest of the community. The safeguards against unfounded accusations and the opportunity for establishing innocence, which constitute the hallmark of an ordinary criminal trial, are not ava......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)
...., 1908 (V of 1908); Order XXI rules 58-61 If in execution of a decree, any property is attached any person interested may raise objection that such property is not liable to attachment. After such claim or objection is raised, the court should investigate and adjudicate upon the claim or objectio......ne and the same cannot be maintained in the eye of law. The petitioner has a right to know as to why his application has been rejected………………..(4) Lawyers Involved: M Enayetur Rahim for Md. Momtajuddin Fakir, Advocate-For the Petitioners. Abdul Momen Chowdhury Advocate-For the O...... 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. ......……………………Opposite Parties Judgment August 30, 2003. Result: The Rule is made absolute. The Negotiable Instruments Act, 1881 (Act No. XXVI of 1881) The cause of action for filing of a case under section 138 of the Negotiable Instruments Act arises after expiry of the ......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 said defendant was unable to give a worthwhile explanation. A couple of correspondences, including legal notices, and replies, were exchanged between the parties afterwards, whereby the plaintiff claimed, and the defendants refused to pay the sum in question. In the face of the defendants' persi......bank acts without mandate and cannot repel liability, the only limitation on bank's liability being based on customer's lack of care in drawing a cheque as well as on his deliberate abstention from informing the bank of forgery…………………………(11) The banks have the defence of estop......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.
......ection 253 of the Companies Act, if it deems fit to do so. The shareholders has adopted Special Resolution and the Official Liquidator also opined in favour of staying the winding up proceeding. Therefore, the application is allowed.………………(5, 6, 7 and 8)
Lawyers Involved:
Jashim Ud......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. ......anding payment of the cheque amount and (vi) failure of the drawer to make payment within specified time of the receipt of notice. As per section 177 and 183 of the Code of Criminal Procedure if the aforesaid six different acts were done in six different localities, any of the Courts exercising juri......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. ......nserting section 339B in Cr.P.C. they did not consciously make any correÂsponding amendment in section 537 Cr.P.C. to include the word 'Gazette Notification and at least one Bengali newspaper'. Therefore, it can be inferred that section 537 does not cover the case falling under section 339B Cr.P.C.......audi Arabia in 1982 to work as labourers and the complainant gave to the petitioner 1800 Saudi Rials to give to his father, Sultan AhÂmed 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
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