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Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)
.... Frigate. The allegations brought against the accused petitioners are that they put undue pressure to the Secretary of Defence and others to withhold certain recommendation. There is no allegation of personal gain and the allegation do not disclosed any ingredients of the offence as alleged. The lea......the Act II of 1947. He further submits that to commit offence under section 409 criminal breach of trust by a public servant, the prosecution has to prove not only entrustment of or dominion over the property but also that the accused either dishonestly misappropriated the property or converted, use..Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82
Badsha Mia Vs. State, 2013, 42 CLC (HCD)
....e, Faridpur is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 189 ......intention of cheating of the petitioner, so any charge of cheating under sections 420 of the Penal Code cannot be sustained. It is further submitted that the petitioners were never entrusted with any property or there is no allegation of any misappropriation of property by the petitioners. So t..Category: Criminal Law, Procedural Law | Date: 20 Feb, 2013 | Hits: 4
Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)
....ismissed. The appeal is dismissed with the above modification of the judgment, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ......010 passed by the High Court Division on First Appeal No.281 of 2008.) Judgment SK Sinha J. - Appellant is the defendant in a suit for specific performance of contract for sale of immovable property, which includes a house and a shop, who has obtained leave from this, Division from a judgm..Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42
Shamir Chandra Sajwal and others Vs. Government of Bangladesh, 2013, 42 CLC (HCD)
....no order as to costs. Let a copy of the judgment along with the Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 386. ......h in 13 gandas 1 kara 1 keranti shares. The CS recorded tenant Gopal Sajwal died in his tender age living behind 2 full brothers Avoy Sajwal and Kanu Sajwal. The two brothers died unmarried and their property devolved upon their cousin Kukuri Sajwal. On the death of Kukuri Sajwal his only son Bhadra..Category: Procedural Law | Date: 13 Feb, 2013 | Hits: 8
Abdul Wahab (Md.) Vs. State & another, 2013, 42 CLC (HCD)
....h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 382. ......the Anti-Corruption Commission Act, 2004. Another ground placed before us is that calculation of value of the assets was unjust, illegal, and impractical. The learned Advocate further submits that no property of the accused-petitioner was concealed in the wealth statement and, as such, allegati..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Feb, 2013 | Hits: 6
Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)
.... trial of the case in accordance with law. Let a copy of this judgment be transmitted to the concerned court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 156 ......nd after making such enquiries as it may deem necessary, is satisfied that there is reason to believe that any person or any other person on his behalf is in possession of pecuniary resources or property disproportionate to his known sources of income, it may, by order, require such person to f..Category: Anti-Corruption Laws, Criminal Law | Date: 24 Jan, 2013 | Hits: 8
Mohidul Islam (Ripon)(Md.) Vs. State and another, 2013, 42 CLC (HCD)
....s also filed an affdavit-in-opposition and submits that a loan of Taka 8.20 crore as shown in the wealth statement, I was taken in the name of a private company and, as such, it is not related to his personal assets and liabilities. It is submitted that liabilities of the company cannot be treated a......es according to the prescribed form. Thereafter, he submitted wealth statement on 24-12-2007 disclosing his properties and those acquired in the name of his wife with liabilities. After examining the property statement it was found that the accused-petitioner had concealed facts relating to acquisit..Category: Anti-Corruption Laws, Criminal Law | Date: 17 Jan, 2013 | Hits: 3
Paresh Chandra Biswas Vs. Shree Shree Shashan Kalimata Idol and others, 2013, 42 CLC (AD)
....ntosh Kumar Chakraborty as the pujari of the deity for performing religious rites. Later, defendant No.1 removed the image of the deity from the suit lands and converted the suit property into his personal property. Being aggrieved, the plaintiffs instituted Title Suit No.01 of 1986 for removal......d the Revenue Authority was directed to record the suit lands in the name of deity. The Shebait was not performing the religious rites regularly and he did not maintain the accounts of the deity's property and misappropriated the entire usufructs of the property. Subsequently, the plaintiffs app..Category: Hindu Law | Date: 17 Jan, 2013 | Hits: 14
Mir Sharafat Ali Vs. Govemment of Bangladesh and others, 2013
....Swarup Kanti Dep, learned Assistant Attorney-Generals appearing on behalf of the respondents. 4. Mr. Uddin submits that the right to travel outside Bangladesh and return to Bangladesh is part of personal liberty guaranteed under Article 36 of the Constitution of the Peoples Republic of Banglade......hin 2 (two) weeks time from the receipt of the copy this judgment. The office is directed to communicate the order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 201 ..Category: Constitutional Law | Date: 10 Jan, 2013 | Hits: 2
Shafiqul Alam (Md.) Vs. State, 2013, 42 CLC (HCD)
....inst another accused in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 83 ......at first filed a petition of complaint before the Magistrate, Chittagong, which was sent to the Kotwali Police Station and ultimately treated as FIR. It was alleged by the informant that the schedule property was a purchased land of the informant and his brother Gias Uddin. The informant-owner was b..Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4
Md. A.K. Azad Vs. Kaptex Limited and others, 2012, 41 CLC (AD)
....ves this leave petition. 4. Mr. Mainul Hosein learned counsel appearing for the petitioner submitted that the Company Court erred in law in directing encashment of the FDR which stands in the personal name of the petitioner and the direction was made on a total misconception of law. It is f......shall stand discharged from its liability" is hereby expunged. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 36. ..Category: Company Law | Date: 12 Dec, 2012 | Hits: 30
....e of receipt of the copy of this judgment. The trial Court is directed to dispose of the suit as expeditiously as possible.
Ed.
This Case is also Reported in: 18 BLC (AD) (2013) 104.
......009 as plaintiffs filed Title Suit No.285 of 1984 (name of the Court not available from the record) against the respondents impleading them as defendant Nos.1-13 for partition of the ejmali immovable property. Subsequently, the suit being transferred to the Court of Sub-ordinate Judge, Second Court,..
Category: Procedural Law | Date: 5 Dec, 2012 | Hits: 75
Abdul Mannan Bhuiyan & others Vs. Md. Nasir Hossain, 2012, 41 CLC (AD)
....facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 44. ......r possession thereof. The registered deeds of sale dated 8-3-1926 and 2-3-1948 are false, fraudulent and ineffective. Alfat Bepari died leaving behind seven sons and two daughters; they inherited the property and possessed the same jointly. After that, they made a mixable partition. Abdul Jabbar, pr..Category: Property Law | Date: 2 Dec, 2012 | Hits: 35
Government of Bangladesh and oth¬ers Vs. Dr. Md. Nazrul Islam Bhuiyan and others, 2012, 41 CLC (AD)
....sed by a Division Bench of the High Court Division in Writ Petition No.29.19 of 2006 is hereby affirmed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 255. ......sed by a Division Bench of the High Court Division in Writ Petition No.29.19 of 2006 is hereby affirmed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 255. ..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
....ssed by practicing fraud. Hence the respondent No.l committed gross professional misconduct. 4. The defence case is that the allegation of fraud is false, concocted and the same is the result of personal enmity. The respondent No.1 received his licence on 06.12.1998. The cause of action of this...... No.1 of the Bangladesh Bar Council for disposal. 3. The case of the complainant-appellant in brief is that his father was an Advocate and that he and his brothers have been in possession of the property of Ramnagar Mauza along with different properties by way of inheritance. Objection Case No...Category: Others | Date: 28 Nov, 2012 | Hits: 23
Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)
....ite. Since the said Writ Petition was withdrawn before the instant petition was filed, no legal complication arises. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ...... the FIR allegation is that the petitioner suppressed fact as to her wealth. In elaborating this, the informant claimed that the petitioner spent Tk. 1201287.00 in erecting a threshold in her village property, yet in her wealth statement she quoted the speared amount as Tk. 300000.00 only. 47...Category: Anti-Corruption Laws | Date: 28 Nov, 2012 | Hits: 77
Fazlul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... is a malafide and clourable exercise of power. Discretion conferred by Statute has to be exercised honestly and fairly having regards to the purpose of the statute conferring it and not according to personal whims or humour of the person clothed with the discretion. 14. The Latin principle del......lared to have been issued without lawful authority and to be of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 376. ..Category: Constitutional Law | Date: 22 Nov, 2012 | Hits: 5
Birendra Nath Roy Vs. Rupali Bank Ltd, 2012, 41 CLC (HCD)
.... Rin Adalat concerned is directed to proceed with the Artha Execution Case No.111 of 2005 expeditiously in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 118. ......tion case The execution case does not come to an end with the issuance of a certificate under section 33 (5) of the Artha Rin Adalat Ain, 2003. Rather it remains alive till the possession of the property alleged to have been sold in auction, was handed over to the auction purchaser. .............Category: Civil Law | Date: 21 Nov, 2012 | Hits: 7
Md. Aminullah and others Vs. Serajul Huq and others, 2012, 41 CLC (AD)
....n is set aside and the impugned judgment and order passed by the appellate Court is restored. There is no order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 131. ...... Khatun transferred .20 acre of land from R.S. Plot No.3838 for consideration of Tk. 20,000/- to the pre-emptees by a deed of sale dated 16.09.1991. The pre-emptors were asked to purchase the case property and they offered only Tk. 5,000/- for which their offer was turned down. The pre-emptees d..Category: Property Law | Date: 21 Nov, 2012 | Hits: 27
Azizur Rahman (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....order as to cost. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 31. ......,841 by selling mortgage properties against the M/s Joint International and others and the same was registered as Artha Rin Suit No.8 of 2007. In the schedule of the plaint four schedule of immovable property were included. The present petitioner was impleaded as defendant No.3 in the suit. The peti..Category: Banking Law | Date: 20 Nov, 2012 | Hits: 8
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