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Abdur Jabbar Sheikh Vs. Md Rafiqul Islam and others, 2010, 39 CLC (HCD)

....ja Kha never executed any Bianapatra in favour of the plaintiff and as such no question of any demand of any enhanced price from the plaintiff arise at all and therefore the suit being based on false claim is liable to be dis­missed. 4. After filling the written statement the defendant No.1 Raza......28.4.19W passed in Title Suit No.46 of 1995 by the Subordinate Judge, 1s Com I, Pirojpur decreeing the suit. 2. The petitioner Abdul Jabbar Sheikh as plaintiff instituted Title SuitNo.46 of 1985 before the 1st Court of Subordinate Judge, Pirojpur against the defendant opposite party Raja Kha pray......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

Editor, Bangladesh Observer, Dhaka & another Vs. Member, Labour Appellate Tribunal and others, 1998, 27 CLC (HCD)

....ion under the Payment of Wages Act, 1936 being Act IV of 1936, as modified by Act XXVII of 1980, before the Third Labour Court, Dhaka against the petitioners and another being P.W. Case No.14 of 1992 claiming gratuity, unpaid pay, earned leave, salary etc. 3. The petitioners appeared in the case ......etitioners as stated in the writ petition are, inter alia, that the respondent No.2 filed an application under the Payment of Wages Act, 1936 being Act IV of 1936, as modified by Act XXVII of 1980, before the Third Labour Court, Dhaka against the petitioners and another being P.W. Case No.14 of 1992......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)

....pposite party Nos.2-5 are set aside on the ground of fraud. It is declared that there created no title in favour of holders of those deeds. This Case is also Reported in: 16 MLR (HCD) (2011) 457. ...... and or such other or further order or orders passed as to this Court may deem fit and proper. 2. This Court directed the parties to maintain status quo in respect of posses­sion of the suit land for a period of 3 months from date. That period of statuesque has been extended subsequently. ......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)

....rectors. It is a property of the Bank and according to company law, a shareholder has no right, title or interest in any property of a company except his right to dividend, if any, and therefore, the claim of the complainant-opposite-party No.2, that he is a co-owner of the property is not tenable i......all further proceedings of Complaint Case No.7404 of 2008 dated 15-12-2008 under Sections 406 and 420 of the Penal Code, now pend­ing in the Court of Chief Metropolitan Magistrate, Dhaka, was stayed for a period of three months and through further extensions, lastly on 7-3-2011, it was extended for......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)

....ce, if any, if she wished under actual facts. Let a copy of this Judgment be sent to the trial Court at once for necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 37. ......minal Revision No.1025 of 2010. Judgment Siddiqur Rahman Miah J.- This Rule was issued on an application under section 439 read with section 435 of the Code of Criminal Procedure filed by the informant petitioner against the order dated 9-2-2009 for framing charge against the accused petitione......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)

....hedule, appellant raised objection as provident fund, gratuity, leave benefit, hono­rarium are the financial help from the service of the deceased, is only belonged to his wife and no body can/could claim these money. Opposite Party-appellant claimed that as wife, she is entitled 4 annas share in k......ন্য কোথাও সাকশেসন সার্টিফিকেট পাইবার জন্য কোন দরখাস্ত করে নাই।” 4. The schedule of the aforesaid case is as follows: “(ক) তপশীল সোনালী ব্যাংক, ......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)

....epared and he kept with him and handed the original to the purchaser Haider Ali. In their statements P.Ws.12, 15 and 16 have stated that the purchaser's name was Haider Ali, but the accused appellant claimed that his name is Mofazzal Ali Haider and he did not purchase any motor cycle or lent anythin......………………………….Respondent Judgment June 10 & 11, 1997. Result: The Death Reference is rejected. The appeals filed by the two appellants are allowed in a modified form. Cases Referred to- Mezanur Rahman and others Vs. State, 16 BLD (AD) (1996) 293; Abul Kas......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)

....does not disclose any offence as alleged and that the accused-petitioner and the informant are partners of a business con­cern upon executing a deed of partnership and that the profit of business as claimed by the informant can only be determined and recovered by approaching the Civil Court and tha......ed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts giving rise to this Rule, briefly, be put thus:- 3. One Talukder A. Razzak, being the informant, lodged an F.I.R. against the accused-petitioner with the New Market Police Station, Dhaka w......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)

....e facts of the case and the issues arising in relation to the same, and as discernible from a plethora of applications and affidavits on behalf of both the Petitioners and the Respondents, pertain to claims of conduct by certain shareholders-directors of Capital Tower (Pvt.) Limited (hereinafter ref......rests of certain of the other shareholders-directors of the Company constituting at the time of the disposal of this Matter four of the five original Petitioners in this case. The Petitioners have so formulated the case as to identify the Respondent Nos.2 to 9 as the shareholders-directors whose con......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

Eastern Bank Limited Vs. Subordinate Judge and another, 1997, 26 CLC (HCD)

....ial 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 successor‑in‑interest of the defunct Bank of Credit ......oner respondent No.2 is not permitted by law 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 cl......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

Crown Maritime Co. (1) Ltd. Vs. Royal Boskalis Westminster NV and others, 2009, 38 CLC (HCD)

....y a Division Bench of this Court. Once again, the aforesaid two decisions are distinguishable from the instant case. 14. Lastly, Mr. Huq submits that both the parties have instituted a suit making claims and counter claims in one of the Court's of Netherlands, but both the aforesaid claim of the ......with Shah Monjurul Hoque and Kazi Akhtar Hossain, Advocates - For the Respondents-Applicant.  Arbitration Case No.3 of 2009. Judgment Zubayer Rahman Chowdhury J.- This is an application for vacating the order passed by this Court on 28-10-2009 directing respondent Nos.1 and 2 not to di......of the aforesaid two clauses were sufficient to put respondent No.6 on notice that there may be some impropriety in the matter. No reasonable or prudent man of business would pay a substantial sum of money and enter into an agreement absolving the seller from all responsibility upon mere issuance of..

Category: Alternative Dispute Resolution | Date: | Hits: 632

Mizanur Rahman Khan Vs. American Liner Systems, USA and others, 2010, 39 CLC (HCD)

....to purchase some furniture's and house­hold goods, at least to start with, from the local market worth of Taka. 300,000,00. Therefore, the plaintiff instituted the Admiralty suit and raised monetary claim for the loss and damage of the cargo, cost incurred for the purchase of furniture from the loc......d of by this judgment. 2. It has been asserted in the plaint that the plaintiff is a Bangladesh national residing permanently at House 11, Road 14, Dhanmondi Residential Area, Dhaka. While staying for 12 years in USA he came back to Bangladesh at the end of 1997 and in order to bring all his hous...... Court fee paid is sufficient. Hence it is ordered. That the suit be and hereby dismissed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 132.   ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 693

Md. Amanullah and others Vs. Md. Sirajul Islam, 2009, 38 CLC (HCD)

.... In a simple suit for permanent injunc­tion with regard to a disputed land property, the relief is available to a person who is in possession. The Court may enquire incidentally into the respective claims of the parties to the suit for determining whether the plaintiff has got a prima facie case, ...... Rule are that on 28.04.1999 the opposite party as plaintiff instituted Title Suit No.61 of 1999 in the Court of Senior Assistant Judge, Rupgonj, Narayanganj, impleading the petitioners as defendants for permanent injunction in 6 1/2 decimals of land our of 65 decimals described in the schedule of t....... 28. Office is directed to send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 332. ..

Category: Civil Law | Date: | Hits: 181

M.A Sobhan Bhuiyan Vs. State, 2011, 40 CLC (HCD)

....bility cannot consti­tute any basis of any criminal proceedings. It is essentially civil nature to hold otherwise would be to ignore the realities of the business transactions and to encourage civil claims to be brought into the criminal courts under some contrivance for the purpose of putting pres......hury with Abdel Mannan Bhuiyan with Md. Jiaur Rahman Sali, Advocates-For the petitioner. Md. Mamunor Rashid, Assistant Attorney General-For the state.   Moinuddin, Advocate-For the Informant.      Criminal Miscellaneous Case No. 24031 of 2010. Judgment A......procure Visas from different company of Saudi Arabia and export manpower in the name of Aroma International, a firm of the accused's wife, in that case he will be benefited financially and earns huge money and against each Visa cash amount will be provided. In the mean­time a good relationship have..

Category: Criminal Law | Date: | Hits: 104

Standard Chartered Bank Vs. Artha Rin Adalat No.3, Dhaka & others, 2010, 39 CLC (HCD)

....ng the application the learned Judge of the Artha Rin Adalat allowed the same, filed by the petitioner with a positive observation that in no circumstances decree-holder may have any right to get his claim more than 3 times of the principal amount and accordingly he passed the impugned order dated 2......e petition, should not be declared illegal and without any lawful authority and/or pass such other order or orders as to this court may seem fit and proper. 2. In short, the case of the petitioner for the purpose of disposal of this Rule is as follows:- 3. The Respondent No.2 & 3 borrowed ......he present petitioner filed an Execution Case No.3 of 1999 and the judgment debtor began to drag it on flimsy grounds. However during the pendency of the execution case the auction was held where bid money was raised to Tk. 5,25,00,000/- which was deposited and subsequently execution case was transf..

Category: Civil Law | Date: | Hits: 186

Masum Sharif Bhuiyan and others Vs. Narayangonj Pourashava repre­sented by its Administrator and others, 2010, 39 CLC (HCD)

....to partition deed No.2189 dated 10.6.1999 the plaintiff Nos.2-6 got the suit land as sons of Amina Begum about which the contesting defendants could not produce any contrary evidence as regards their claim of title and possession. Mr. Khair further submits that the plaintiffs have been possessing th......udgment and decree dated 23.4.2006 passed by the learned Joint District Judge and Artha Rin Adalat, Narayangonj in Title Suit No.69 of 2006. 2. The plaintiff appellants instituted the instant suit for declaration of title in the suit land. 3. The plaint case, in short, is that Sabdi and Hisabd...... appeal is allowed without any order as to coasts. Send down the lower Court records at once. Nozrul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 321. ..

Category: Property Law | Date: | Hits: 105

S.N. Kabir Vs. Mrs. Fatema Begum, 2010, 39 CLC (HCD)

....2, treating the suit property as the plaintiff's property and has been realizing rent and that defendant No.1 knowing that the plaintiff purchased the suit property in the benami of defendant No.1 is claiming owner­ship of the suit property at the behest of her father and brother hence the plaintif......17.9.2003 passed by the learned Joint District Judge, 3rd Court Dhaka in Title Suit No.149 of 2002 rejecting the plaint of the suit. 2. The plaintiff-appellant instituted Title Suit No.149 of 2002 for declaration that he is the owner of the suit property and that the defendant wife is his benamda......strialist and with motive to get income tax relief purchased the suit property being urban property in the "Benami" of defen­dant No.1 and that the plaintiff purchased the suit property with his own money; that the plaintiff let out the suit property to the defen­dant No.2, treating the suit prope..

Category: Property Law | Date: | Hits: 134

People's Republic of Bangladesh Vs. Chairman, Court of Settle­ment and others, 1996, 25 CLC (HCD)

....rty is listed as abandoned property in the schedule there is a presumption of law that it is an abandoned property and the case having not been filed within time before the Court of Settlement, their claim is barred by limitation. 8. Mr. Md. Delwar Hossain, the learned Advocate appeared for the r......ed calling upon the respondents to show cause at to why the impugned Judgment and order dated 31‑12‑1988 (Annexure‑A) passed by the respondent No.1 in case No.750 of 1988 shall not be set aside for having been passed without jurisdiction, without lawful authority. 2. The case of the petitio......on has no merit and the Rule is liable to be discharged. In the result, the Rule is discharged. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 560. ..

Category: Property Law | Date: | Hits: 113

Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)

.... authority, the master. Without challenging the findings of fact by the appel­late Court below, Mr. T.H. Khan, submits that the plaintiff cannot obtain any relief in the suit because all that he can claim against his appointing authority is damages for illegal dismissal or for any other illegal ord......oards, under the Works Programme and it arises out of a judgment of affirmance. 2. The plaintiff Md. Mukhlesur Rahman filed O.C. Suit No.157 of 1974 in the First Court of Munsif, Sadar, Mymensingh for 3 declarations: (1) that the office Memo. dated 09.11.1973 transferring him from his post of Acc......udge are set aside and the plain­tiff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 71. ..

Category: Employment/Service Law | Date: | Hits: 120

Md. Koisaruzzaman Vs. State, 2011, 40 CLC (HCD)

....ments of Sub-Rules (3) and (5) of Rule 15 of the Durniti Daman Commission Bidhimala, 2007 and in the light of observation made above. Ed. This Case is also Reported in: 16 MLR (HCD) (2011)389. ......twali Police Station Case No.39 dated 17.12.2004, under sec­tions 406/409/420 of the Penal Code, pending in the Court of Senior Special Judge, Sylhet, should not be quashed. 2. The facts relevant for disposal of the Rule, in short, are that the petitioner, who was the Manager of IFIC Bank Tultik...... informant Kaisaruzzaman received Taka 40,00,000/- in total from different account holders, including Taka 8,70,000/- from Juned Ahmed, which they deposited against their respective accounts. But the money had not been entered in their accounts. Accordingly in that case final report was submitted an..

Category: Criminal Law | Date: | Hits: 85