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Amanullah (Md.) Vs. State and another, 2010, 39 CLC (HCD)
....me of issuing of the Rule is vacated. Let a copy of this Judgment and order be sent to the Court concerned at once of information. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 382. ......me of issuing of the Rule is vacated. Let a copy of this Judgment and order be sent to the Court concerned at once of information. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 382. ......No. D/3960/DC (Mirpur Division) Dated 1-1-2007 when accused Md. Amanullah offered him Taka 3,800 as bribe in order to act in their favour. The informant arrested the accused-petitioner and seized the money by preparing seizure list in presence of the witnesses, but co-accused Swapon fled away. 3...Category: Criminal Law | Date: | Hits: 84
Rafiqul Islam Vs. State and another, 2009, 38 CLC (HCD)
....g is hereby quashed. Communicate the order to the Court of the learned Additional Metropolitan Sessions Judge, Chittagong, forthwith. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 377. ...... of the accused stands at Taka 70,63,291 including profit with compensation and the accused became defaulter borrower and that in this regard in order to repay the money the accused issued to cheques amounting to Taka 9,00,000 bearing cheque No.Gha 0629585 dated 20-2-2007 and amounting to Taka 2,00,......005 and 1-5-2006; that the liability of the accused stands at Taka 70,63,291 including profit with compensation and the accused became defaulter borrower and that in this regard in order to repay the money the accused issued to cheques amounting to Taka 9,00,000 bearing cheque No.Gha 0629585 dated 2..Category: Civil Law | Date: | Hits: 150
Abdul Malek Vs. District Co-operative Officer, Cox’s Bazar and others, 1997, 26 CLC (HCD)
....en made without lawful authority and is of no legal effect. In the facts and circumstances of the case there no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 426. ......-3-1988 under the signature of the Manager of the said Samity respondent No.5 in the Writ petition. In the said notice which is marked as Annexure-C to the petition the petitioner was asked to pay an amount of Taka 15,000.00 as arrear for the year of 1987, that the petitioner came to learn that in p......t thereafter an agreement was duly executed between the lessor and the lessee containing terms and conditions (Annexure-A to the petition ). The petitioner as lessee made payment half of the bid diet money on various dates in favour of the samity and got delivery of possession of the said project. T..Category: Civil Law | Date: | Hits: 128
Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)
....the Tribunal power in an election dispute to declare the election of the returned candidate to be void, the petitioner or any other contesting candidate to have been duly elected or the election as a whole to be void and finally to communicate its decision to the Commission for publication in the of......s of other laws relating to election dispute. For example: “(a) if an election is held now in the disputed constituency under Article 123, before the election dispute is finally decided, it will amount to adjudication of the dispute by the Election Commission and the dismissal of the election d......pondent No.1 Bangladesh Election Commission at once addressing it to the Chief Election Commissioner, Bangladesh Election Commission. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 417. ..Category: Election Law | Date: | Hits: 162
Syed Wali Mohammad Salehuddin, 1990, 19 CLC (HCD)
....e sons than one, then to such sons of Annurudha, in equal shares and this shall be for the maintenance of their education, but if no son is at all born to the Testator's son or no son is adopted, the whole of the property subject to the annuities and bequests shall go to Calcutta University to be sp......of Barguna, Perojpur and Jhalakati and it is difficult and impracticable in the present circumstances to manage this scattered barren lands and khals and sometimes the cost of realisation exceeds the amount of collection from the khas land. It has been further stated that out of 100 bigas of khas la......ta University is out of Bangladesh and the trust property is also situated outside the territorial jurisdiction of West Bengal. 20. In that view of the matter it may be, necessary to use the trust money arising out of the sale proceeds to be used for similar purpose as contemplated in the trust i..Category: Trust/Waqf Law | Date: | Hits: 166
Rehana Ahmed and others Vs. Nahar Shipping Lines Limited, 1990, 19 CLC (HCD)
....pplication is dismissed, but without any order as to costs. The restrictive orders and undertaking passed and given are hereby vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 256.......s, Directors and share‑holders were not given the required dividend by the respondent No.2. The company is not paying the outstanding loans to the loan giving agencies and as a result there is huge amount of loan with interest for which the petitioners will also be liable. The respondent No.2, in ......Besides, the company has spent about Tk. 25,00,000.00 on the account of stocking and other incidental expenses as well. The creditors namely, BSRS and ICB, are satisfied in respect of payment of loan money by the respondent‑company. The creditors have no grievance at all against the respondent‑c..Category: Company Law | Date: | Hits: 233
Aftabuddin (Md.) Vs. State and others, 2010, 39 CLC (HCD)
....the conviction and sentence and acquitting the respondent, the reason being that the cognizance being taken by the learned Metropolitan Magistrate upon police report was illegal, which vitiated the whole prosecution. 17. Accordingly we find merit in this Rule and we are of the view that the imp......eedings pending before the learned Magistrate as well as the impugned order affirming the order of taking cognizance are both without jurisdictions and are liable to be quashed in as much as the same amounts to abuse of the process of the Court. In support of his contention, the learned Advocate h......y to the Law Commission, Old High Court Bhaban. Communicate the order at once to the Court concerned for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 235...Category: Criminal Law | Date: | Hits: 79
Humayun Hossain Khan Vs. Bangladesh & others, 2011, 40 CLC (HCD)
....iscretion given to it by section 47 of the Ain, 2003. With the above observations this appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 88, 18 MLR (AD) (2013) 5. ...... interest. But the Bank instituted Title Suit No. 15 of 2003 in the Court of Artha Rin Adalat No.1, Dhaka against the appellant on January 27, 2003 for realization of the loan along with the interest amounting to Taka 38,06,058 as on 31-12-2002 and also for other reliefs. The appellant as defendant ......prayer of the Bank. The appellant as defendant No.1 filed an application on 20-8-2004 before the Artha Rin Adalat under Order XIV, rule 2 of the Code of Civil Procedure with a prayer to fix the total money payable to the Bank by him at 11, 50,000 by applying the provisions of section 47 read with se..Category: Civil Law | Date: | Hits: 138
....
In the result, the Rule is discharged without any order as to costs. The stay order earlier passed by this Court is hereby vacated.
Ed.
This case is also Reported in: 47 DLR (HCD) (1995) 67.
......
In the result, the Rule is discharged without any order as to costs. The stay order earlier passed by this Court is hereby vacated.
Ed.
This case is also Reported in: 47 DLR (HCD) (1995) 67.
......ssession of the suit land to the defendant petitioners. On the same date a deed of agreement was to have been executed by the defendants for retransfer of the said land on refund of the consideration money within 10 years but after 10 years of the execution of the said documents. The plaintiff deman..
Category: Property Law | Date: | Hits: 78
Abdul Kashem and another Vs. Bangladesh, 1994, 23 CLC (HCD)
.... before the appropriate Customs Officer. In the premises discussed above, the Rules are discharged but without any order as to costs. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 57.......haka for allowing deferred payment for release of the said consignments on various grounds. No decision was communicated to the petitioner. It is stated that the petitioner had invested a substantial amount of money and imported the said consignment on the basis of that rate of duties and taxes levi......llowing deferred payment for release of the said consignments on various grounds. No decision was communicated to the petitioner. It is stated that the petitioner had invested a substantial amount of money and imported the said consignment on the basis of that rate of duties and taxes leviable on th..Category: Fiscal/Taxation Law | Date: | Hits: 155
Chittagong Port Authority Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)
....able to be amended and be rectified to that extent. (c) Directing the 2nd party to amend the contract towards that the contract price of 17,52,58,538 is for one boat and to amend the contract as a whole for one boat otherwise if 2nd party desires to build two boats by the 1st party they have to m......after, on 25-10-2004 1st party took payment of Taka 1,75,25,853.80 as advance being 10% of the contract value and on 3-11-2004 took payment of Taka 7,01,03,415.20 as advance being 40% of the contract amount as the second installment before claiming for price escalation and seeking arbitration, in ......ract agreement dated 18-10-2004 1st party respondent furnished the performance bond. After furnishing the performance bond by 2 (two) installment 1st party respondent received 50% as advance of price money totaling Taka 8,76,29,269 from the 2nd party. On 14-12-2004 the 1st party wrote a letter to th..Category: Alternative Dispute Resolution | Date: | Hits: 334
Abdur Noor and others Vs. State and another, 1998, 27 CLC (HCD)
....he judiciary in the public eye. In the result, the Rule is made absolute. Proceedings of complaint Case No.179 of 1987 is quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 456. ......he judiciary in the public eye. In the result, the Rule is made absolute. Proceedings of complaint Case No.179 of 1987 is quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 456. ......he judiciary in the public eye. In the result, the Rule is made absolute. Proceedings of complaint Case No.179 of 1987 is quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 456. ..Category: Criminal Law | Date: | Hits: 75
Naimuddin Molla and others Vs. Ibrahim Molla and others, 2008, 37 CLC (HCD)
.... However, there shall be no order as to costs. Let a copy of the Judgment along with LCR be sent down to the Courts below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 369. ......romissory note, shall subject to all just exceptions, be admitted in evidence on payment of the duty with which the same is chargeable, or, in the case of an instrument insufficiently stamped, or the amount required to make up such duty, together with a penalty of five Taka, or, when ten times the a......ing an area of 1.02 acres to the plaintiff at a consideration of Taka 25,000. Thereafter a Bainapatra was executed in between the defendant No.1 and the plaintiff on 17-5-1994 upon payment of earnest money of Taka 20,000 to the defendant No.1 by the plaintiff and delivery of possession of the suit p..Category: Procedural Law | Date: | Hits: 120
Mahamudur Rahman Vs. Md. Matiur Rahman, 2006, 35 CLC (HCD)
.... absolute. The proceeding of GR Case No.3735 of 2002 pending in the Court of learned Chief Metropolitan Magistrate, Dhaka is quashed. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 367. ......ion of fact in the first information report indicates also breach of terms of the agreement had crept up from business transaction. It also appears from the first information report that considerable amount, that is about Taka 16,50,000, has already been paid by the accused petitioner. We are of the...... The said cheque was dishonoured twice and thereafter, the accused-petitioner paid in cash Taka 3,50,000 and took dilatory tactices for paying remaining Taka 3,50,000. The informant demanded the said money but on 22-8-2002 at 5-00 PM the accused petitioner flatly refused to pay the said money. The a..Category: Criminal Law | Date: | Hits: 87
Hefzur Rahman (Md) Vs. Shamsun Nahar Begum and another, 1995, 24 CLC (HCD)
....hat is allegorical, seeking discord searching for its hidden meanings, but no one knows its hidden meanings except God and those who are firmly grounded in knowledge say: "We believe in the Book, the whole of it is from our Lord": and none will grasp the Massage except men of understanding." (Third ......ka 1,000.00 each month for the maintenance of the second opposite party. 4. On appeal preferred by the petitioner being Family Appeal No. 2 of 1991 the learned District Judge, Comilla, reduced the amount of maintenance to Taka. 600.00 per month for each of the opposite parties. 5. This Rule un......pposite parties, Nos. 1 and 2, in this Rule are respectively named Md. Hefzur Rahman, Shamsun Nahar Begum and Shaon Mia, a minor. The petitioner married the first opposite party on 25.3.85. The dower money was fixed at Taka. 50,001/00. Second opposite party, a son, was born out of this wed‑lock on..Category: Family Law | Date: | Hits: 528
Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)
....eral elections, the 300 members have been elected as members of the Parliament but they did not represent any particular constituency but are the members of the House of Nation and they represent the whole nation. Therefore, every citizen of Bangladesh has a locus standi or right to call in question......t is not tenable as it would interfere with the functions, powers, privilege and jurisdiction of the Parliament. It is further stated that "if the prayer made in the petition is allowed, it would tantamount to destroy the principle of separation of the powers of Executive, Legislative and Judiciary ...... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ..Category: Constitutional Law | Date: | Hits: 344
State Vs. A K M Mohiuddin, 1996, 25 CLC (HCD)
....r the appellant. Mr. SA Hasan, the learned Assistant Attorney‑General appears for the State. 6. Syed Ziaul Karim has taken us through the FIR depositions and the judgment of the trial Court. The whole argument of Mr. Karim is that in view of the evidence and Materials on record there is no misa......Faridpur he received Taka 37,000.00 from Md. Illias Mia for deposit in his account No.E‑2/139 through pay in slip dated 1‑12‑85 but deposited only 31,000.00 and thereby misappropriated the rest amount of Taka 6,000.00. It was further alleged that the accused also received Taka 1,882.50 through.......W.2 Md. Moniruddin Ahmed is the customer of the Sonali Bank, Talma Branch being a holder of the account No. C/C/2 deposed that he never gave any authority to the Manager, Sonali Bank to withdraw his money from his account nor he gave any cheque to withdraw Taka 6,000.00 and as such the amount of Ta..Category: Criminal Law | Date: | Hits: 99
Government of Bangladesh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)
....n law but is just in fact. In the result, all the appeals are dismissed but without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 115; 32 BLD (AD) (2012) 145. ...... not simply procedural, authority now establishes that here too the Court will in a proper case decide whether to frustrate the expectation is so unfair that to take a new and different course will amount to an abuse of power. Here, once the legitimacy of the expectation is established, the cour......s (as was envisaged in British Oxygen Co Ltd Vs. Board to Trade (1971) AC 610 and as had happened in Ex p Hambel (Offshore) Fisheries Ltd. (1995)2 All ER 714), or resolved to pay compensation where money alone will suffice. But where no such accommodation is made, it is for the court to say whethe..Category: Employment/Service Law | Date: | Hits: 208
Md. Zahurul Islam Vs. Deputy Commissioner, Kushtia and others, 2012, 41 CLC (AD)
.... the plaintiff on the account of development cost, the High Court Division was wrong in rejecting his claim and thus, erred in law in passing the impugned judgment and decree dismissing the suit as a whole. In this connection Mr Siddique also relied upon the audit report Exhibit-'1', resolution take......uable lands. The plaintiff with a view to establish bazar and cattle market spent about taka 1,70,000 for purchasing land and transferred the same by registered deeds in favour of defendant No.1. The amount spent by the plaintiff for the development of the land in schedule ‘Ka’ was treated as lo......sed by the Government and the plaintiff was entitled to the said amount. In 1984, the Kushtia Sadar Upazila Parishad declared the cattle market within its periphery without payment of the plaintiff's money and leased out the cattle market in auction and the sale proceeds were deposited in the Govern..Category: Property Law | Date: | Hits: 105
Mahmudul Huq Vs. Mst Golap Bia & others, 1988, 17 CLC (HCD)
....cussions above, I do not find any substance in this appeal. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 314. ......cussions above, I do not find any substance in this appeal. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 314. ......lease. 3. Defendant No.1 by filing written statement contested the suit contending, inter alia, that the suit was barred by limitation, that she purchased the land from plaintiff No.2 with her own money for her own benefit which she got from her father. The story of the plaintiff No.1 that she wa..Category: Property Law | Date: | Hits: 86
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