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Government of Bangladesh and others Vs. Abdul Quader Mollah and another, 2011, 40 CLC (AD)

....tition No.9199 of 2010 directing them to provide Division-1 (Classified) status in jail to the respondents as under trial prisoners. 2. Respondents moved a writ petition in the High Court Division claiming that they were arrested in connection with Pallabi P.S. Case No.60(1)08 dated 26lh February......ructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioner. Abdur Razzaq, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-record- For Respondent No. 1. Civil Petition for Leave to Appeal No.569 of 2011. Judgment Surendra Kumar Sinha J. - Government of Banglades......ts to provide the petitioners Division-1 status under the Jail Code. There is no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 240...

Category: Criminal Law | Date: | Hits: 95

Janata Bank Ltd. Vs. Gulneara Begum and others, 2009, 38 CLC (AD)

....Procedure is of no help. The leave petition do not merit consideration being barred by limitation. The petition is accordingly dismissed. This Case is also Reported in: 20 BLT (AD) (2012) 170. ......rd- For the Petitioners. Shah Md. Monir Sharif, Advocate, instructed by Mrs. Sufia Khatun, Advocate on-Record -For Respondent Nos.1-4 Not Represented- For Respondent Nos.5-8. Civil Petition for Leave to Appeal No.2180 of 2008. Judgment Shah Abu Nayeem Mominur Rahman J. - This leave p......oner bank filed Money Suit No.8 of 1984 in the 3rd Court of Munsif, Comilla, against borrower, Sirajul Haque, the predecessor of these writ petitioners and others, for realisation of outstanding loan money and the said suit was renumbered as Artha Rin Suit No.295 of 1990 on transfer to the Artha Rin..

Category: Limitation Law | Date: | Hits: 140

Ishaque Mia (Md.) & another Vs. Abdul Mazid Mollah & others, 1995, 24 CLC (HCD)

....adder and the plaintiffs purchased the same from him. In the said Title Suit No.561 of 1976 0.41 acres of land was decreed in compromise in favour of said defendant No.2 Abdul Majid Molla. Plaintiffs claim that he will get 0.18 acres of land decreed in favour of defendant No.2. The case of the plain......and reversing the Judgment and decree dated 28.5.1986 and 3.6.1986 passes by the Upazila Munsif, Upazila Moladi, District Barisal in Title Suit No.197 of 1985 should not be set aside. 2. The facts for the disposal of the Rule is as follows: Petitioners as plaintiffs riled title suit being Titl...... multiplicity of suit and further litigation concerning them. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 465. ..

Category: Civil Law | Date: | Hits: 130

Sharon Laily Begum Jalil Vs. Abdul Jalil and others, 1995, 24 CLC (HCD)

....ch has seriously affected the welfare of the minor children. It is stated that the petitioner after her divorce allowed the children to be with the father and in her General Diary Annexure‑3(a) she claimed the passport only not the children which clearly proves that the children were not in any wa......pondents. Writ Petition Nos.1582, 1583, 1584 and 1585 of 1995. Judgment Mahfuzur Rahman J.- These four Writ Petitions namely, Writ Petition Nos.1582, 1583, 1584 and 1585 of 1995 are taken up for Judgment as the question involved in all those are similar and same in between the same parties ......the petitioner she was given a Pajero Jeep, 3/4 servants and a driver and to look after them one A. Rahim, a nephew of the respondent No.1, also was kept in the house and thereby spent huge amount of money more than 10 (ten) lakh since 1993 to June 1995. The respondent No.1 came back again to Bangla..

Category: Family Law | Date: | Hits: 166

Nitai Ch. Shaha and another Vs. M/s. City Ice and Cold Storage Ltd. and others, 1982, 11 CLC (HCD)

....against the persons whom he sought to add as party as they already purchased the suit land on the basis of an earlier contract and they had no concern with the subsequent contract that the plaintiffs claim to have made with the defendant peti­tioners, the contention of Mr. S.C. Das is of substance.......an Khan J.- These two Rules were obtained by Nitai Chand Saha and his younger brother Umananda Saha who figured as defendant No.1 respectively in the two suits brought by the plaintiff opposite party for specific performance of an alleged con­tract. The Rules are directed against the orders of the ......as. 3. The defendants petitioners filed written statement denying any contract of sale with the plaintiff opposite party or any payment of mo­ney by the plaintiff opposite party or any payment of money by the plaintiff opposite party to any Advocate for completing the formalities of sale. The de..

Category: Civil Law | Date: | Hits: 132

Jan-E-Alam Vs. Rupali Bank Limited and others, 2009, 38 CLC (AD)

....f the above, we find no substance in submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 82. ......issed. Lawyers Involved: A.M. Ameen uddin, Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioner. None represented-For Respondent.  Civil Petition for Leave to Appeal No.395 of 2008. Judgment Mohammad Fazlul Karim J.- This Petition for Leave...... application before the Court to accept those offers and the Bank accepted their offers and immediately, they deposited 25% of the total price and the Court directed them to deposit the remaining 75% money within 16.03.2002. Before the said date i.e. on 12.03.2002 Rupali Bank Limited, Dewan Bazer Br..

Category: Others | Date: | Hits: 140

Mazharul Haque Vs. Bulk Management (Bangla­desh) Ltd. and others, 1996, 25 CLC (HCD)

.... shareholder of Bulk Management and it has been submitted by the learned Counsel for the respondents that shares held by Star Services Limited in Bulk Management Limited are fully paid. Therefore the claim that the petitioner is a contributory is not accepted. 20. In the case of Re Chesterfield C......A Samad, Advocate ‑ For the Respondent No.4. Matter No.32 of 1995. Judgment Mainur Reza Chowdhury J.- On an application filed by the petitioner under section 241 of the Companies Act, 1994 for winding up of the respondent Company notices were issued upon the respondent Nos.1‑5 to show c...... declared for the shareholders. It is alleged that respondent Nos.2 and 3 in collusion with the Fertexim people in Hong Kong and Singapore have also been fraudulently misappropriating huge amounts of money earned by the Bulk Management. The respondent Nos.2 and 3 acting fraudulently and illegally an..

Category: Company Law | Date: | Hits: 185

Agrani Bank, Janna Branch, Manikganj Vs. AFM Emamul Huq, 1998, 27 CLC (HCD)

....within 6(six) months from the date of receipt of the lower Court records from this Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 173.......med in the list are all fictitious persons and the defendant who was the manager at the relevant time by practising fraud upon the bank misappropriated the amount allegedly distributed to the loanees for which he was liable to pay to the bank. 3. The suit was filed before the learned Subordinate ......fendant was the Manager of that Bank during the tenure of his office in 1982-1983 who distributed some agricultural loan to some persons on preparing a list and when the persons who received the loan money failed to repay the loan an enquiry was conducted and it was found that the reasons named in t..

Category: Civil Law | Date: | Hits: 202

Mohammad Ismail Vs. Bangladesh, 2010, 39 CLC (HCD)

....acts. In the result, the Rule is discharged without however any order as to costs. The status-quo order granted in this Rule stands vacated. This Case is also Reported in: 30 BLD (HCD) 2010, 360....... not be declared to have been passed without lawful authority and is of no legal effect and/or such other or further order or orders passed as to this court may deem fit and proper. 2. Short facts for disposal of the Rule are that the petitioner is an elected councilor of ward No. 9 and Panel Cha...... the petitioner has been declared vacant due to the no confidence motion adopted by the Pourashava in due process of law and procedure upon allegation of his misconduct, corruption, misappropriate of money and fund. Accordingly, there appears to be no illegality in issuance of the impugned memos. Th..

Category: Others | Date: | Hits: 136

Manirul Huda Vs. National Board of Revenue, represented by its Chairman, Segunbagicha, Ramna, Dhaka and others, 2010, 39 CLC (HCD)

....ack ground leading to the issuance of the present Rule, in short, is that the petitioner is an Income Tax Practitioner and completed 50 years in his profession with highest reputation that has been acclaimed by the National Board of Revenue (hereinafter called the N.B.R). The petitioner is an assess......the clients placing reliance upon the petitioner's advice also filed their returns under section 82BB, which were duly accepted by the Income Tax Department as the final settlement of the tax payment for the assessment year 2009-2010. 3. It has been stated that the clients of the petitioner by no......n 83A of the Ordinance. 29. Under self assessment scheme all salaried persons, other than their income from other sources, and other classes of tax payers whose income exceeds the statutory sum of money in any income year, will determine their own liability at the time of filing their Income-tax ..

Category: Fiscal/Taxation Law | Date: | Hits: 227

AKM Mozammel Huq Vs. Chancellor of the National University, represented by the Secretary, Ministry of Education, Bangladesh Secretariat, Dhaka and others, 2011, 40 CLC (HCD)

....to the recommendations of selection board was not followed. On the other hand, the minutes of the meeting was manufactured to some how give a legal coverage to the ‘so called’ recommendation. The claim (paragraph No.5) that the syndicate approved the recommendation at the selection board is not ......004 discharging the Rule should not be reviewed and/or pass such other or further order orders as this Court may deem fit and proper.” 2. Relying on the following averments the petitioner seeks for review of the judgment and order dated 22.08.2006 passed by the Hon’ble High Court Division., ......d from 17th November, 2003 to 31st August 2004, and remove them from the employment of National University without delay”. Gobinda Chandra Tagore J. - I agree This Case is also Reported in: ..

Category: Administrative Law | Date: | Hits: 371

Sayed and 10 others Vs. State, 1996, 25 CLC (HCD)

....peal No.2425 of 1993 and appellant Md. Based Miah in Criminal Appeal No.2527 of 1993 are discharged from their respective bail bonds. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 489. ......e State. Criminal Appeal No.2425 of 1993 with Criminal Appeal No.2527 of 1993. Judgment Md. Gholam Rabbani J.- Fifteen accused including accused Badal alias Abdul Awal were placed on trial before Santrash Mulak Aparadh Daman Tribunal, Gazipur, in Santrash Daman Tribunal Case No.11 of 1993 a......oes not constitute any offence under section 4 of the Anti‑Terrorism Act and that the provisions of this section is attracted only when the attempt is successful and complete. An attempt to realise money in the form of donation or otherwise has not been made a punishable offence under this special..

Category: Criminal Law | Date: | Hits: 81

Amiren Nessa and another Vs. Harun Mia and others, 1982, 11 CLC (HCD)

.... defendants 7 and 9-13 and 6 brothers defendants 2-6 and Cherag Ali and sister de­fendant No.2. Cherag Ali died leaving 4 sons defendants 14-16 and 2 daughters de­fendants 18 and 19. The plaintiffs claimed 2/3rd share in schedule 1 land and 1/3rd share in schedules land of the plaint by way of inh...... Original Decree No.45 of 1977. Judgment Ranadhir Sen J.- This appeal at the ins­tance of the plaintiffs is directed against a Judgment and decree of the learned Subordi­nate Judge in a suit for partition. 2. The case of the plaintiffs in brief is that the schedule land of the plaint be......d circums­tances of the case we direct the parties to bear their respective costs up to this stage. Amin-Ur-Rahman Khan J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 11...

Category: Property Law | Date: | Hits: 93

Shahryar Murshed and others Vs. Principal, Chittagong Medical College and others, 1994, 23 CLC (HCD)

....r action may cause greater harm to the prestige, of the heads of educational institutions who are expected to be in loco parentis to the students and may seriously undermine the authority which they claim to possess over the students placed in their charge", in the present case we find that the ac......llows: The petitioner in Writ Petition No.2141 of 1993 was a 4th Year MBBS, student in the Chittagong Medical College bearing Roll No.113, Session 1988-89. He was elected Indoor Games Secretary for the 4 consecutive terms of College Chhatra Sangsad of the Chittagong Medical College having a ...... any lawful authority and, as such, is of no legal effect. The Rules are accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 482. ..

Category: Others | Date: | Hits: 168

Ansarul Huque Vs. Agrani Bank, 1996, 25 CLC (HCD)

....peared to assist the Court as amicus curiae. Short facts of the Revision Cases are, that plaintiff‑petitioner Ansarul Hoque filed these three suits against defendant‑opposite party Agrani Bank claiming the principal sum due on three fixed deposits kept with the bank together with interest at ......dated 30‑8‑94 passed by the learned Subordinate Judge, 1st Commercial Court, Dhaka, in Title Suit No.3 of 1994, Title Suit No.4 of 1994 and Title Suit No.2 of 1994 respectively fixing 24‑9‑94 for framing issues on acceptance of the written statements filed by the defendant Agrani Bank in the...... payable either to order or to bearer. Section 4 of the Act defines a promissory note as an instrument in writing containing an unconditional undertaking, signed by the maker, to pay a certain sum of money only to, or to the order of, a certain person, or the bearer of the instrument. At this stage ..

Category: Civil Law | Date: | Hits: 87

SM Aynul Kabir and others Vs. Kambar Ali and others, 2010, 39 CLC (HCD)

....ht to develop the land in specific possession of a party cannot be denied by an order of injunction as the same is inequitable. More so, there is no nexus between the terms of injunction and relieves claimed in suit. 8. In our jurisdiction, it appears that the question of injunction against const...... District Judge, Second Court, Dhaka, dismissing Misc. Appeal No.38 of 2004 and affirming those of dated 16-2-2004 passed by learned Joint District Judge, second Court, Dhaka rejecting an application for temporary injunction in Title Suit No.350 of 2003. 2. Material facts are that on 23-9-2003 pl......6-2005 and status-quo dated 7-5-2008 granted earlier by this Court stand vacated. Office is directed to send down the record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 51...

Category: Civil Law | Date: | Hits: 111

Asgar Ali Mia and others Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....ed the same as vested property. Wrong recording of present address in RS Khatian and Memo dated 7-7-1997 under section 92(1)(c) of the State Acquisition and Tenancy Act, issued by the defendant No.2, claiming the suit land as khas, has clouded title of the plaintiffs for which the plaintiffs are con...... extin­guishing proprietary right in 65 decimals of land of SA Plot No.573 and RS Plot No.79 and 80 and asked to submit objection, if any, within 30 days in the office of the defendant No.3. Being informed about the said Memo dated 7-7-1997 the plaintiffs submitted their registered title deeds, ren......r clause (a) of the said sub-section, but the persons whose interest in the holdings are extinguished under clauses (b), (c) and (d) of the sub­section shall continue to be personally liable for the money secured by the encumbrances on such holdings. (3) Before entering on a holding under sub-se..

Category: Property Law | Date: | Hits: 147

Mannaco Lab. Ltd. Vs. General Certificate Officer & Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)

....t be declared to have been passed without lawful authority and of no legal effect. 2. On the date of issue of the Rule i.e. on 11th July, 1988, the petitioner had undertaken to deposit towards the claim a sum of Tk.10, 00,000/- in favour of the Shilpa Bank within 5 weeks. The petitioner in due co......n No. 4 of 1988. Judgment Syed Misbahuddin Hossain J.- This Rule Nisi was issued calling upon the respondent to show cause why the proceeding in the Certificate Case No.Shilpa-1/86-87 pending before the General Certificate Officer (Respondent No.1). Sylhet and the notice dated 29.2.88 issued b......ted 29.2.88 issued by the respondent No.1 in the aforesaid certificate case are without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 159. ..

Category: Civil Law | Date: | Hits: 171

Abdus Sukur Mia Vs. State, 1994, 23 CLC (HCD)

....offence and thereafter framed charge against the accused appellant under section 6 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 to which the accused appellant pleaded not guilty and claimed to be tried. The prosecution examined in all 7 P.Ws. to bring home the above charge against ......he appellant Abdus Sukur Miah was placed on trial under section 6 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 and ultimately was found guilty thereunder and sentenced to suffer R/I for 14 years by the learned Special Tribunal, Barguna in Special Powers Act Case No.20 of 1990 arisi......anything to the Daroga and she did not visit the house of occurrence. She denied a suggestion that she had told the Police that Suily died by taking endrine. She denied a suggestion that after taking money from the complainant she was giving false evidence. 19. P.W.5 is Golam Haider who stated th..

Category: Criminal Law | Date: | Hits: 135

Tara Mohan Barman Vs. Ananda Mohan Barman & others, 1995, 24 CLC (HCD)

.... Rather Debt Settlement Board within Police Station, Rani Shankail, which was disposed of on 26‑9‑1938 (para 2 of the plaint). In that case said Sukmon Singh and Girish Chandra relinquished their claim of right and possession upon the suit holding including suit land in favour of Darika Nath, fa......C Appeal 23 of 1986 allowing the appeal and dismissing the suit, reversing the Judgment and decree dated 24.5.86 passed in OC Suit 345 of 1981 by the Subordinate Judge, Thakurgaon, decreeing the suit for declaration of title brought by the petitioner. 2. Admittedly, the suit land along with other......tay order granted earlier by this Court is hereby vacated. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 226. ..

Category: Property Law | Date: | Hits: 123