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Nazrul Islam and others Vs. State, 1999, 28 CLC (HCD)
....is directed to proceed with the case in accordance with law and dispose of the same expeditiously. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 368.......m, Sub Assistant Engineer, Upazila Parishad, Mirpur, Kushtia submitted a project for re-excavation of a pond giving an excessive area of the pond with a malafide intention of getting sanction of more amount for the work and ultimately Taka 94,500.00 was sanctioned for the work and on the recommendat......is directed to proceed with the case in accordance with law and dispose of the same expeditiously. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 368...Category: Criminal Law | Date: | Hits: 108
Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)
....sult, the FA No.129 of 1995 is dismissed without any order as to costs. Send down the lower Court records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357.......ole defendant against the judgment and decree dated 31-7-94 and 8-3-94 respectively passed by the learned Subordinate Judge, First Court, in Money Suit No.24 of 1989 decreeing the suit in full for an amount of Taka 47,13,905.70 only. 2. First Appeal No.129 of 1995 has been filed by the same defen...... that public power supply failed on 28-11-88 at 8-35 AM, that there held Machinery Break Down, that the suit is not barred under Clause 8(b) and that the plaintiff is entitled to get a decree for the money claim.” 7. Thereafter the plaintiff filed an application under Order 47 rule 1 of the Cod..Category: Business or Commercial Law | Date: | Hits: 522
State Vs. Md. Bachchu Miah @ Abdul Mannan and 5 others, 1998, 27 CLC (HCD)
....RI for 6 (six) months which we find they have already served out. They must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 355.......। 12. Definition of confession is by now well settled in view of the decision of the Privy Council in the case of Pakala Narayan Swami that no statement that contains self-exculpatory matter can amount to confessional statement if the ex-culpatory statement is of some fact which if proved would......RI for 6 (six) months which we find they have already served out. They must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 355...Category: Criminal Law | Date: | Hits: 129
Nurul Abser Chowdhury Vs. Jesmin Akther, 1999, 28 CLC (HCD)
.... Rule and subsequently extended from time to time lastly on 16-11-98 stand vacated. Lower Court’s record be sent down immediately. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 352....... who was entitled to maintenance. The learned family judge, thus, recorded the positive decision that the plaintiff from 30-6-95 stayed in her father’s house and she was entitled to get maintenance amounting to Taka 19,500.00, Taka 1000.00 per month. The learned family judge further found that the...... maintenance and other claims including golden ornaments. The averments made in the plaint are that, marriage in between plaintiff and defendant No.1 was solemnised on 15-4-94. In the kabinnama dower money was fixed at Taka 1,00,000.00 out of which Taka 43,000.00 is prompt and Taka 42,000.00 is defe..Category: Family Law | Date: | Hits: 211
Ayat Steels Limited Vs. Mohammad Ali, 2011, 40 CLC (HCD)
.... Rule being CRNo.421 (fm) of 2010 also stands disposed of accordingly. Send down a Copy of this order to the trial Court, at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 417. ......the loan was not repaid by the borrower as a result Islami Bank Bangladesh Limited (herein after referred to as respondent bank) instituted Artha Rin Adalat Suit No.29 of 2005 for realization of loan amount of Tk. 51,73,81735.02 before the Artha Rin Adalat, 1st Court, Chittagong impleading Capital S...... a loan on the basis of an agreement to secure the loan by mortgage but to avoid payment of revenue deposit title deed under a memorandum. In the present case title deeds were taken earlier and the money was lent on the basis of several subsequent agreements as per statements made in the plaint of..Category: Civil Law | Date: | Hits: 235
State Vs. Manik Bala, 1988, 17 CLC (HCD)
....amined as P.W.1 and apparently it appears that the learned Magistrate has complied with all the legal formalities while recording the confessional statement. Reading the confessional statement as a whole it appears that the condemned prisoner has stated in his confessional statement about his ma......d prisoner, married his daughter Alo Tara 7/8 months prior to the date of occurrence; that 7/8 days before the date of occurrence his daughter Alo Tara came to his house and told him that unless an amount of Tk. 2000/00 promised to be paid at the time of their marriage was not paid the condemned p......eir marriage was not paid the condemned prisoner would not take her to his home; that on 13.8.85 the condemned prisoner came to the house of the informant in the evening and asked for payment of said money silting at the house of co-accused Serajuddin and held out the threat that unless the money is..Category: Criminal Law | Date: | Hits: 142
Sona Mia Vs. Md. Zakaria & others, 1988, 17 CLC (HCD)
.... is quashed. But this will not debar the competent Court to make any complaint in accordance with law if it is thought to be necessary. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 433....... is quashed. But this will not debar the competent Court to make any complaint in accordance with law if it is thought to be necessary. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 433....... Court to which such Court is subordinate. 3. Section 463 of the Penal Code defines forgery including forgery of document which purports to give authority to any person to receive or deliver any money or purports to be a receipt acknowledging payment of money. So a forged bainapatra comes withi..Category: Criminal Law | Date: | Hits: 107
Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)
....em. In the face of our findings in respect of Ext. W and Z series the application is not maintainable. Accordingly, it is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 415.......ould deposit Tk.45,000/-(Taka forty five thousand) as advance within 31st December, 1973 in the personal joint account of defendant No.1 and his son Ehsanul Hasan Khan and after deposit of the said amount the defendant No.1 would dissolve the then existing firm with his 15 relations (including Ehs......ments Ext.Z-Z(2) were procured and could not be relied upon, that the defendants failed to prove the loan, that the deposit of Tk.45,000/- as per Ext.1 and 1(a) was nothing but payment of earnest money towards the total consideration, that mere omission of the word "accepted" in the plaint was n..Category: Business or Commercial Law | Date: | Hits: 349
Muzaffar Ali and another Vs. Monwara Hospital & others, 1997, 26 CLC (HCD)
....lier by this Court on 8-5-95 is hereby vacated and the learned Court below is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 341....... of contract. The plaintiff has performed all the obligations under the contract as modified from time to time. The plaintiff was and still is ready and willing to pay the balance consideration money amounting to Taka 28,47,000.00 to the principal defendant Nos. 1 and 2, and is also ready to deposit......nd 2 on 6-3-80 entered into a written agreement with the plaintiff for out and out sale of the suit property to the plaintiff for a consideration of Taka 30,00,001.00. Subsequently, the consideration money was increased to Taka 34,50,001.00. The principal defendant Nos. 1 and 2 (who are petitioners ..Category: Procedural Law | Date: | Hits: 121
Bangladesh Vs. Abdul Aziz and others, 2005, 34 CLC (HCD)
....cree is a nullity there remains nothing to proceed with the Execution case No.2 of 1998. Send down the Lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405.......nt in the case it is seen that the arbitrator has given interest to the opposite party No.1 for the pre-reference period, for the period under reference and for the period till the realization of the amount and therefore he contends that on this account also the award has no legs to stand upon as it......cree is a nullity there remains nothing to proceed with the Execution case No.2 of 1998. Send down the Lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405...Category: Alternative Dispute Resolution | Date: | Hits: 291
Nurjahan Begum Vs. Government of the Peoples Republic of and others, 1998, 27 CLC (HCD)
.... 2-9-87 (Annexure H) and the notice dated 24-10-1987 (Annexure-J) within one month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 426.......e why a paltry sum has been given for the structures and trees though the present market value of the same will be several lacs of takas. On enquiry from that officer they came to learn that the said amount was assessed as compensation for the petitioner’s structures and trees at the rate of 1964-...... no compensation was paid to the petitioner and the petitioner filed Title Suit No.166 of 1972 in the Court of the Subordinate Judge, 1st Court, Dhaka for declaration of her title to the compensation money in respect of her purchased 0.08 acre of land with structures thereon under misconception that..Category: Property Law | Date: | Hits: 156
Abdur Rahman Vs. Sajjadur Rahman, 1999, 28 CLC (HCD)
....is set aside without any order as to costs. The trial Court is directed to proceed with the suit and dispose of the same expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 420.......is set aside without any order as to costs. The trial Court is directed to proceed with the suit and dispose of the same expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 420....... the defendant-opposite party Nos.1 to 4 entered into an agreement of sale dated 20-3-1974 in respect of the suit land and on receipt of Taka 7,500.00 by way of advance out of the total consideration money of Taka 8,000.00 inducted the petitioner into possession. But the said predecessor-in-interest..Category: Procedural Law | Date: | Hits: 148
....ismissed without any order as to costs. The judgment and decree passed by the trial Court is upheld.
Send down the record at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 412.
......o the plaintiff for a sum of Taka 12,00,000.00 and accordingly, an agreement was executed by the defendant on 30-7-79 on receipt of taka one lac as earnest money with the stipulation that the balance amount (amounting to Taka 11,00,000.00) would be paid at the time of execution and registration of t......tiff Hajee Abdul Wahab (since deceased) which is a residential house in Dhanmondi residential area (Road 15A) in the city of Dhaka, belonged to defendant No.1 Md. Yousuf, who, being in urgent need of money, proposed to sell the property to the plaintiff for a sum of Taka 12,00,000.00 and accordingly..
Category: Property Law | Date: | Hits: 120
Anwar Hossain Maji (Md.) & others Vs. State, 1988, 17 CLC (HCD)
....t Magistrate, Additional Chief Magistrate and the Court of Sessions). On the above grounds the application is summarily rejected. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 410. ......t Magistrate, Additional Chief Magistrate and the Court of Sessions). On the above grounds the application is summarily rejected. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 410. ......about 100 others came to the village of Narsinghapur all on a sudden being armed with various deadly weapons and started beating women inmates by entering into different houses. They took away cash money, ornaments, cattle heads, etc. When the informant party protested the accused persons starte..Category: Procedural Law | Date: | Hits: 127
Hafizuddin Vs. State, 1989, 18 CLC (HCD)
....quitted of the charge levelled against him. Let him be released from jail forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 397. ......quitted of the charge levelled against him. Let him be released from jail forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 397. ......hased one Paki of land from his father for Taka 40000/- by a registered document keeping Tk.32, 000/- as unpaid. Mohsin Chairman was not satisfied with his father because he used to demand the said money. He has further stated that his father could not speak after being injured. P.W.8 again stat..Category: Criminal Law | Date: | Hits: 92
....isposal in accordance with law and consonant to the observations made by this Court. The parties shall bear their respective costs.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1990) 393.
......essing it from before the birth of Enemy Laws either by amicable arrangement or by consent". An amicable arrangement for separate possession of joint lands amongst the co-sharers by itself does not amount Co partition by metes and bounds so as to convert the joint title and possession of the co-sh......that defendants 6 and 7 are co-sharers by inheritance and the authority leased out the same to defendants 4-6; that plaintiff created forged deed by false personation and never paid any consideration money to the alleged vendor.
4. The trial Court on consideration of the evidence on record dism..
Category: Administrative Law | Date: | Hits: 488
Anwara Khatun & Others Vs. Geasuddin Ahmed & Others, 1986, 15 CLC (HCD)
....tance in this Rule, which is accordingly discharged, without any order as to costs. The order directing status quo is hereby vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 474.......tance in this Rule, which is accordingly discharged, without any order as to costs. The order directing status quo is hereby vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 474.......titioner in a particular way and in no other way and the violative act is not mere imaginary but actual which would or had caused a loss which is irreparable and cannot be compensated in terms of money. 10. In the instant case the allegation, as mentioned earlier, is to the effect that ther..Category: Civil Law | Date: | Hits: 178
Ashraf Miah (Md.) Vs. State, 2003, 32 CLC (HCD)
....se No.38/1999 arising out of Tongi Police Station Case No.8(1)/99 now pending in the Court of Magistrate , Gazipur is hereby quashed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 509. ......g under Police Station Tongi of Mouza Auchpara in Plot No.747 for a consideration of Taka 29,74,000. In pursuance of this contract, possession of the building was made over to him after receipt of an amount of Taka 12,74,000 with an understanding that the remaining balance amount of Taka 17,00,000 w......se No.38/1999 arising out of Tongi Police Station Case No.8(1)/99 now pending in the Court of Magistrate , Gazipur is hereby quashed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 509. ..Category: Criminal Law | Date: | Hits: 99
KN Enterprise Vs. Eastern Bank Ltd and others, 2011, 40 CLC (HCD)
.... Joint District Judge, Arbitration Court, Dhaka, in Money Suit No.8 of 2005 is hereby affirmed. Send down the lower Court's record. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 370.......and No. PB/EXP/LC 325/95 dated 27-2-1995. So, altogether in the aforesaid two L/Cs come to US $ 1,64,750. Subsequently price of both the L/Cs were amended by the buyer, and after amendment, the total amount stands to US $ 1,85,000. 4. As the plaintiff Messrs KN Enterprise is the beneficiary of sa......trict Judge, Arbitration Court, Dhaka in Money Suit No.8 of 2005 dismissing the suit. 2. Short facts leading to the filing of this appeal are that on 18-3-1999 the appellant as plaintiff filed a money suit being Money Suit No.22 of 1999 in the Court of the then Subordinate Judge, 5th Court, Dha..Category: Civil Law | Date: | Hits: 212
Amal Cabraal Vs. Golam Murtaza, 2003, 32 CLC (HCD)
....ged and the Rule in the Criminal Miscellaneous Case No.4042 of 1998 is made absolute. The stay orders made earlier and hereby vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 492.......ged and the Rule in the Criminal Miscellaneous Case No.4042 of 1998 is made absolute. The stay orders made earlier and hereby vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 492.......d by Act XX of 1965. This section makes an offence if any person offers in connection with any trade or business or sale of any commodity, any prize, reward or other similar consideration, whether in money or kind, against any coupon, ticket, number or figure, or by any other device, as an inducemen..Category: Criminal Law | Date: | Hits: 126
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