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Al Baraka Bank Bangladesh Ltd. Vs. Rina Alam and another, 2004, 33 CLC (HCD)

....ffirmed. The bank is directed to return the schedule document within seven days of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 588.......iff. The plaintiff never executed any such memorandum of deposit of title deeds and/or the agreement. Neither the plaintiff nor her husband was a director or a share holder of the company. She had no interest in the company. Neither the plaintiff nor her husband was connected in any way with the com..

Category: Civil Law | Date: | Hits: 109

Abdul Mazid Khan and others Vs. Ali Howlader and others, 2003, 32 CLC (HCD)

....e learned Subordinate Judge, Bhola in Title Suit No. 104 of 1982 is set aside. Communicate the order at once to the learned Court below. Ed. This Case is also Reported in: 56 DLR (2004) 587. ......ts that the learned Subordinate Judge was manifestly wrong in appointing, a receiver in a suit for simple declaration of title and, as such, the order appointing a receiver should be set aside in the interest of justice. The learned Advocate also submits that in view of the fact that the suit land b..

Category: Civil Law | Date: | Hits: 89

Hasan Rony Vs. State, 2004, 33 CLC (HCD)

....d against him and he is acquitted thereof. Appellant Hasan Rony be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 56 DLR (2004) 580. ......t detour as a measure for the rectification of his wife when he tried to make her understand that she had chosen a rough path which would likely to hamper to lead a peaceful conjugal life and for the interest of maintaining the relationship, she was required to rectify herself, at which, she was ann..

Category: Criminal Law | Date: | Hits: 128

SAH Monowar Ali and others Vs. Chairman, Bangladesh Jute Mills Corporation and others, 2009, 38 CLC (HCD)

....ration will pay the arrear salary to the employees immediately. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 1. ......us to be desirable, when considering whether a particular act amounts to a contempt or not, to balance on the one hand the effects it might have on the litigation with, on the other, the wider public interest of extending to the litigant public the freedom of conducting their litigations without bei..

Category: Criminal Law | Date: | Hits: 83

Prodip Kumar Dutta & another Vs. Mira Rani Dutta and another, 2004, 33 CLC (HCD)

....to hear and dispose of the miscellaneous case within a period of three months from the date of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 571.......conceived and was made under Order 1 rule 10 of the Code of Civil Procedure for addition as co-petitioners and not for citation. 8. He also submits that as the applicants were claiming against the interest of deceased Rana Dutta in that they claimed aforesaid money belonged to the joint family fu..

Category: Property Law | Date: | Hits: 69

NFM Universeum Estate Ltd. Vs. ANM Obaidul Islam and others, 2004, 33 CLC (HCD)

....rocedure for using said deed in the suit knowing it to be forged and fraudulent for criminal prosecution. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 563. ......l against the decree dated 22‑11-­01 passed by the Fifth Court of Joint District Judge at Dhaka in Title Suit No. 135 of 1997, which decreed the suit. 2. One ANM Obaidul Islam, predecessor-in-­interest of respondent Nos. 1 to 8 as plaintiff instituted title Suit No. 120 of 1992 for declaratio..

Category: Property Law | Date: | Hits: 85

Sonali Bank Vs. Mahbubul Amin & others, 1989, 18 CLC (HCD)

....Execution Case No.791 of 1986 is vacated. The Execution Case will proceed in accordance with law. The records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 298. ......was de­creed in the following terms: "That the suit be decreed on contest against the defendants 1-3 with costs and ex parte against the rest without costs. The plaintiff do get Tk. 97,750/- with interest @15% per annum till re­alisation." 3. The petitioner filed an application in the said M..

Category: Procedural Law | Date: | Hits: 74

Rahima Khatun Vs. Md. Nurul Hoque & others, 1996, 25 CLC (HCD)

....the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 140....... of deceased defendant No.18, filed Miscellaneous Case No.35 of 1995 under Order 9 rule 13 of the Code of Civil Procedure for setting aside the ex parte decree on the ground that their predecessor-in-interest Osman Gani died long ago and they were not made party and no notice was served upon them. T..

Category: Procedural Law | Date: | Hits: 67

Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)

.... learned brother has already discussed and observed very clearly the legal aspect on this point in view of case laws cited before us. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 125. ......d the appellant requested for reconciliation of the accounts of both the parties and on verification by their representatives it was found that the appellants were liable for Taka 4,31,46,544.61 with interest as on 31-3-95. Thus, according to the respondent 1 the appellants were liable for Taka 4,79..

Category: Procedural Law | Date: | Hits: 118

Naogaon Rice Mills Ltd. Vs. Pubali Batik Ltd., 2002, 31 CLC (HCD)

....he learned Artha Rin Adalat and the learned Cognizance Court and Magistrate, 1st Class, Naogaon for their information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 543. ......w in passing the impugned order without holding the mandatory preliminary enquiry and the same has occasioned failure of justice and, consequently, the impugned order is liable to be set aside in the interest of justice. No one appears to oppose the Rule. 5. The learned Advocate appearing for ..

Category: Criminal Law | Date: | Hits: 82

AKM Shahidul Hoque Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)

....l get a decree for 2,43,505 + 3,66,225.81 = Taka 6,09,730.81 with interest at the rate of 10% from the date of the decree till realisation. Ed. This Case is also Reported in: 56 DLR (2004) 538. ......ithout any approval, the Hospital authority was not bound to pay for such works. Accordingly, by the impugned decree the learned Subordinate Judge decreed the suit in part for Taka 2,43,505 only with interest at Bank rate till realisation. 10. Mr. Md Abdus Samad, the learned Advocate for the appe..

Category: Civil Law | Date: | Hits: 99

Government of Bangladesh Vs. Syed Rashid Ahmed Ehsan @ Syed Abdur Rashid and others, 2010, 39 CLC (HCD)

....er of stay granted earlier by this Court stands vacated. Let a copy of the judgment along with lower Courts record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 49.......ence the prayer for remand does not merit consideration. Since the point has been settled already on which the leave was granted, Mr. Ahmed is correct in saying the appeal has become of mere academic interest." 36. In the case of Akitullah and others Vs. Zafala Begum and others reported in 54 DLR..

Category: Property Law | Date: | Hits: 64

Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)

....hority and are of no legal effect. We are grateful to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ......atements and as such the preamble as has been stated in the statute is not for the purpose 01 removing the corruption from the society but it has been enacted for the purpose of (a) safe guarding the interest of the offenders who committed the corruption and are seeking to exonerate themselves and (..

Category: Constitutional Law | Date: | Hits: 264

Babul Vs. State, 2002, 31 CLC (HCD)

....and he is acquitted of the same and set at liberty at once if not wanted in any other case. Lower Court's Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 158. ......of facts which can exist between a corporeal thing and the person who possesses it implying an actual physical contact, as by sitting or standing upon a thing denoting custody coupled with a right or interest of proprietorship and possession is inclusive of "custody" although "custody" is not tantam..

Category: Criminal Law | Date: | Hits: 84

Eastern Bank Ltd. and another Vs. Sufia Re‑Rolling Mills and Steel Ltd. and others, 2004, 33 CLC (HCD)

....d and order of stay granted therein is recalled and vacated. Parties are directed to bear their own cost. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 530. ......r a decree of Taka 4,69,29,332 for misappropriation of 4380 MT of scraps, Taka 5,71,930 for excess debiting the account on account of the transformer and Taka 1,11,98,3231 on account of the ship with interest and also Taka 1,00,00,000 for business loss and mental sufferings. Defendant Nos. 1 and ..

Category: Civil Law | Date: | Hits: 92

Abdullah (Md) and others Vs. Majibul Huq and others, 2003, 32 CLC (HCD)

....No. 14 dated 30‑5‑2001 be set aside and the application dated 20‑5‑2001 be allowed. However, there will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 528. ......ced fraud upon the Court and filed the alleged solenama by forging the thumb impressions and signatures of the predecessor of the petitioners. The predecessors of the petitioners having right, title, interest and possession in the suit property never knew about such Sole decree. The present defendan..

Category: Civil Law | Date: | Hits: 75

IFIC Bank Ltd. and others Vs. Beximco Holdings Ltd. and others, 2004, 33 CLC (HCD)

....ion for temporary injunction is also dismissed. Connected Civil Rule No. 654 (FM) of 2004 is accordingly disposed of. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 154.......tted and acknowledged their liabilities of outstanding dues as against those 112 loan accounts and resolved that the Beximco Holdings shall undertake to pay Taka 118,46,37,087.31 as on 30‑9-93 with interest and other charges. They authorised the plaintiff Nos.2 and 3 Chairman and Managing Director..

Category: Civil Law | Date: | Hits: 71

SMA Matin Sarker Vs. Bangladesh Jute Mills Association and another, 2004, 33 CLC (HCD)

....judgment be sent to the Secretary, Ministry of Law, for his perusal and necessary action and the Secretary, Law Reforms Commission, Dhaka. Ed. This Case is also Reported in: 57 DLR (2005) 128. ......on 241 of the Act, and submits that it is an extraordinary jurisdiction conferred on the Court and the Court has enough power to pass a winding up order on the ground of justice and equity and in the interest of the Association. Mr. Nabi then submits that it cannot be said that the Court has no powe..

Category: Employment/Service Law | Date: | Hits: 144

Chief Election Commi­ssioner and 3 others Vs. Controller and Auditor General of Bangladesh and 4 others, 2004, 33 CLC (HCD)

....already been deducted earlier, on account of pension. In the result, this Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 113. ......ed during their good behaviour and cannot be removed without the approval of both the Houses of Parliament. The learned Advocate further submits that since sub-Article (1) of Article 147 protects the interest of the Chief Election Commissioner and other Election Commissioners, the Government or any ..

Category: Employment/Service Law | Date: | Hits: 99

Lalit Kumar Roy and 2 others Vs. Krishnapada Biswas & others, 2002, 31 CLC (HCD)

....held. Order of status quo as granted at the time of issue of the Rule on 16-8-99 is recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 80. ......Annadacharan Haldar respectively. The plaintiffs survived Choto Panchi. 3. Under Hindu Dayabagh law of inheritance, the three daughters inherited the suit land left by Paban Mondal in limited life interest only. Then, the daughters died one after another, first Chota Panchi, followed by Jhoharmon..

Category: Property Law | Date: | Hits: 64