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Sonali Bank Vs. Abidur Rahman, 1990, 19 CLC (HCD)
..... The rule is, accordingly, discharged without any order as to costs. Communicate this order to the District Judge, Dhaka, at once. Ed. This Case is also reported in: 42 DLR (HD) (1990) 311.......t decree-holder petitioner Sonali Bank obtained a decree in the High Court of Justice Queen's Bench Division, London (England), United Kingdom against the judgment-debtor opposite party Abidur Rahman for a sum of £4,31,845.70 with interest and costs. Thereafter decree-holder-petitioner Sonali Ban....... The rule is, accordingly, discharged without any order as to costs. Communicate this order to the District Judge, Dhaka, at once. Ed. This Case is also reported in: 42 DLR (HD) (1990) 311...Category: Procedural Law | Date: | Hits: 168
Abdus Samad Miah and another Vs. Bangladesh Government & others, 2010, 39 CLC (HCD)
....stry of Foods. The Ministry of Finance issued Memo No. অস/অধি(বাস্ত-২)/বেতন বৈষম্য/শিক্ষা-১/২০০৯/৭৮ dated 13-4-2009 rejecting their claim as being not local and lawful. The pay scale of Auditor and Superintendent Ministry of Land wa......issued without lawful authority and is of no legal effect and/or such other or further order or orders passed as to the this court may seen fit and proper. 2. The relevant facts which are required for disposal of the writ petition are that on 13-4-2009 the respondent No.5 issued a letter under Me......scussion we are of the view that writ petition is not maintainable. In the result, the rule is discharged with no order as to costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 458...Category: Administrative Law | Date: | Hits: 421
Trade Multi Plex and another Vs. Artha Rin Adalat and another, 2010, 39 CLC (HCD)
....the suit setting aside the ex parte Judgment and decree and the petitioners also deposited 10% of the decretal dues as per order of the Adalat but the learned Judge of the Adalat without deciding the claim of the petitioners on merit on taking evidence rejected the Misc. Case holding illegally that ....... 1, Jessore in Misc. Case No.117 of 2008 (Annexure-E to the Writ Petition) rejecting an application filed by the petitioners under section 19 of the Artha Rin Adalat Ain, 2003. 2. Facts necessary for the disposal of the rule, in short, are as follows: 3. Petitioner No.1 Messrs Trade Multi Ple...... of judgment. The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 533...Category: Civil Law | Date: | Hits: 157
Tarique Rahman Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....y, the Rule is discharged without any order as to costs. The trial Court is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ......Case No.126 of 2010 corresponding to ACC GR Case No.83 of 2009 arising out of Cantonment PS Case No.08 dated 26-10-2009 under Section 2/4(2) of the Money Laundering Prevention Act, 2009 now pending before the Court of the learned Metropolitan Senior Special Judge, Dhaka in violation of fundamental r...... was assigned in the FIR which creates doubt about the prosecution case. 6. Md. Jahirul Islam (Sumon) an Advocate filed Writ Petition No.4327 of 2010 challenging the virus and constitutionality of money Laundering Prevention Act, 2009. A Division Bench of this Court issued Rule on 25-7-2010. The ..Category: Criminal Law | Date: | Hits: 112
Abdul Kashem Vs. University of Chittagong, 2008, 37 CLC (HCD)
.... the original certificate, the original published name 'Mohd. Abul Queshem' was changed with ball point pen and Mohd. was changed to "Md. "and "Qu" was replaced with "K". (iii) That the petitioner claims in paragraph 7 of the writ petition that at the time of filling up the entry form of BA (pass......lish Certificate) upon surrendering Bengali certificate of those examinations on 14-7-1992. Due to his personal need the petitioner submitted an application on 21-7-2005 with a bank draft of Taka 400 for giving him Mark sheet of BA pass) Examinations in English (English Mark Sheet) after submitting ......946, examination held in the year 1983 as early as possible preferably within 2(two) months from the date of receipt of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 518. ..Category: Others | Date: | Hits: 186
Nur Hossain Miah & others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....Code, pending before the Court of Chief Metropolitan Magistrate, Dhaka. 12. The principle of criminal jurisprudence is that a person concerned should submit to the process of justice before he can claim right of audience provided in law as well as the judicial convention, which is very much effec....... In writ Petition No.4206 of 2009 initiation of Tejgaon PS Case No. 53 dated 19-3-2009 under sections 5(2) of the Prevention of Corruption Act, 1947, sections 420/409/109 of the Penal Code pending before the Court of Chief Judicial Magistrate, Dhaka has been challenged by the petitioners. 3. Sim......ce of the rules is hereby recalled. Let a copy of this Judgment be transmitted to the Chairman, Anti-Corruption Commission, Dhaka. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 514. ..Category: Criminal Law | Date: | Hits: 107
Ibrahim Khalil and others Vs. Mujibur Rahman and others, 2012, 41 CLC (AD)
....rtant to note here is that defendant Nos.1 and 2 did not appear to contest the suit. Defendant Nos.4 and 9 were added to the suit and contested the suit by filing written statements. These defendants claimed that successor-in-interest of C.S. recorded tenant had transferred the suit property to the ......lil and others………………........Petitioners Vs. Mujibur Rahman and others……..............Respondents Judgment July 30, 2012. Result: This petition is dismissed. Suit for specific performance of contract In a suit for specific performance of contract, the questio......r specific performance of contract In a suit for specific performance of contract, the question to be decided whether there had been a valid contract between the parties and whether consideration money was paid as per terms of the contract. There is no scope for consideration of the issue of tit..Category: Civil Law | Date: | Hits: 186
Md. Rafiqul Islam alias Rafique Vs. State, 2011, 40 CLC (HCD)
....ion Case No.40 of 1994 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in: ...... by the Additional Sessions Judge, Narayangong in Session Case No.40 of 1994 convicting the appellant under section 302 of the Penal Code and sentencing him thereunder to suffer rigorous imprisonment for life with a fine of Taka 5000/- in default to suffer rigorous imprisonment for another six month......d writing. The appellant’s father Mohammad Ali was cousin brother of his mother. P.W.3 Shonabhan, widow of victim Shona Mia, who accompanied him up to the house of occurrence, stated that they gave money to Mohammad Ali for connection of gas line to their house. Since the gas line was not connecte..Category: Criminal Law | Date: | Hits: 101
SM Sabbir Hasan Vs. State, 2011, 40 CLC (HCD)
....ermitted to take back the certified copies of the annexures on substituting with photo copies of the same, except the impugned order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 368. ......ddiquee J SM Sabbir Hasan (in Custody)………………….Accused-Petitioner Vs. State ……………………Opposite Party Judgment March 14, 2011. Result: The application for bail is rejected. Case Referred to- 14 MLR 482. Lawyers Involved: Abdul Matin Khasru......d he informed the matter to RAB-7, Chittagong and on their advise he went to the office of the accused-petitioner with Taka 10 lakhs and handed over the said amount to the accused-petitioner as bribe money, but he got the above act recorded in video camera and RAB forces arrested the accused-petit..Category: Criminal Law | Date: | Hits: 111
Machafrue Magni Vs. Seman Magni & others, 1988, 17 CLC (HCD)
....end when it can descend does not operate in a competition between relations of the full blood and those of the half blood of the same degree of relationship to the deceased." 8. In the said case a claim of younger half sister was refused in the face of the claim made by the elder full brother. ......- This appeal at the instance of the plaintiff is directed against a judgment and decree dated 22.7.76 passed in Title Suit No.103 of 1975 by the Subordinate Judge, Patuakhali dismissing the suit for declaration of title on contest with cost. 2. The appellant before us as plaintiff filed the ......al has no substance. In the result, the appeal is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 457. ..Category: Property Law | Date: | Hits: 107
Anwar Ali Vs. State, 1987, 16 CLC (HCD)
....ction. 16(3) read with section 16(I) (a) of the Special Powers Act. He may be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 450. ......nd convicted u/s 16 (3) read with section 16(1)(a) of the Special Powers Act, 1974 by Mr. Afzalul Huq, Special Tribunal, Pabna on 7.2.87 in Special Tribunal case No.27/85 and sentenced to suffer R.I. for 3 years and to pay a fine of Tk. 7,00,000/-, in default, to suffer R.I. for 1 year more. The sen...... mortgage and hypothecation, irrecoverable general power of attorney in favour of the bank, mortgaging assets and machineries of the company in lieu of the said loan. The said company took the loan money. The foreign currency loan was to be repaid in 18 half yearly instalments within 10 years star..Category: Criminal Law | Date: | Hits: 108
Dr. Suraiya Hossain Vs. Taherunnessa, 1988, 17 CLC (HCD)
.... for remand but that would be quite unnecessary because in the Title Suit between the same parties, over the same holding, both the parties examined witnesses in detail in support of their respective claim and there would be nothing more to say and a remand can not be made for fresh evidence when th......d 1.1.1981, Dr. Suraiya Hossain, wife of Dr. A.S.M.T. Hossain was inducted into the house as a tenant by the landlady Mrs. Taherunnessa in the 1st floor of the said three storied residential building for residential purposes. The tenant Dr. Suraiya Hossain and her husband, both of whom are foreign q......nt but as security against damages of fitting and fixtures which has nothing to do with the rent and if there are damage of the fixture and fitting the tenant may receive nothing out of that security money and if no damage, the whole would be refunded. 36. Mr. Giasuddin Ahmed, the learned Advoc..Category: Property Law | Date: | Hits: 88
....vision.
2. Consequent upon a fire which broke out on the 10th June, 1968 at the Railway siding godown of the appellant Daulatpur Traders and Co. Ltd. at Daulatpur, Khulna the appellant preferred claims with its insurers the then Eastern Federal Union Insurance Co. Ltd., Adamjee Insurance Co. ......er instituted Title Suit Nos.25 of 1970 and 26 of 1970 in the Court of the Subordinate Judge at Khulna against Adamjee Insurance Co. Ltd. and Eastern Federal Union Insurance Co. Ltd. respectively for passing a judgment in terms of the award under section 17 of the Arbitration Act. On the appli......according to Clause 18, the insured has to spend two decades for ascertaining from the arbitrator only the amount of loss or damage sustained by him and has to spend another two decades to obtain a money decree in terms of the award then the insurers solemn agreement or promise to pay immediatel..
Category: Business or Commercial Law | Date: | Hits: 290
Emdadul Hoque Miah Vs. People's Republic of Bangladesh, 1989, 18 CLC (HCD)
....ted 17.10.87 is illegal and has been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 110.......tion of the office the petitioner has been discharging his function as Chairman of the Parishad to the satisfaction of all concerned. The term of the office of the Upazila Chairman previously was for 3 years and thereafter it was extended for a period of 5 years by way of an amendment of section......there has been misuse of power or violation of law on the part of Govt. in passing the order of suspension. It is further stated that there are allegations of corruption, mis-appropriation of Govt. money and misuse of official power against the petitioner for which the impugned order was issue..Category: Others | Date: | Hits: 175
MG Jilani Vs. Md. Wahed Uddin Sardar, 1989, 18 CLC (HCD)
....t let me refer to section 23 of the Small Causes Courts Act which reads as follows: ‘‘notwithstanding anything in the foregoing portion of this Act, when the right of a plaintiff and relief claimed by him in a Court of Small Causes depends upon the Proof or disproof of a title to immoveabl...... Rule may be stated as follows: The opposite party as plaintiff filed SCC Suit No.1 of 1977 in the Court of the Small Cause Court Judge (Sub‑Judge) at Pabna against the defendant‑petitioner for evicting him from the suit‑holding. The plaintiffs case, in short, is that he acquired the 'Ka......nts including the registered deed of transfer of the suit property in his favour. The defendant petitioner examined himself only as D.W.1 and also filed a number of documents including the returned money order form and some chalan of the alleged payment of rents to the Rent Controller for the suit..Category: Civil Law | Date: | Hits: 140
M M Rahmatullah Vs. State, 1992, 21 CLC (HCD)
....llenging the re‑auction and obtained an order of injunction from the civil Court. While the suits were pending Sukur Pradhan and 12 others on 26.8.89 filed a petition direct to the former President claiming that they were the original affected persons of the land and offered highest bid money of T......minal Revision No. 644 of 1992. Judgment Habibur Rabman Khan J.- This application under section 561A of the Code of Criminal Procedure moved at the instance of the accused petitioner, the former Chairman of DIT (now RAJUK) which a Rule was issued by this court on 24.592 calling upon the ......the suits were pending Sukur Pradhan and 12 others on 26.8.89 filed a petition direct to the former President claiming that they were the original affected persons of the land and offered highest bid money of Tk. 1,93,550.00 per katha at the auction held earlier but they were not given the land by D..Category: Criminal Law | Date: | Hits: 81
Kazi Mohammad Elias Vs. Firdous Ara @ Sara, 1989, 18 CLC (HCD)
....r Ahmed, the learned Advocate appearing for the petitioner, submits that the father petitioner being the legal guardian of the minor child has in Law the constructive custody of the child and can claim that he bona fide believed himself entitled to the custody of the child and thus not guilty of......1 of 1987 pending in the court of the Chief Metropolitan Magistrate, Dhaka should not be quashed. 2. On 18.4.87 the Opposite Party No.1 submitted a petition of complaint against the petitioner before the Chief Metropolitan Magistrate, Dhaka stating, inter alia, that she was married to the peti......te and the proceedings in the Petition Case No.461a1 of 1987 pending in the Court of Chief Metropolitan Magistrate, Dhaka, are quashed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 516...Category: Family Law | Date: | Hits: 255
Bangladesh Inland Water Transport Authority Vs. United Trading Corporation, 1989, 18 CLC (HCD)
....eloped engine trouble and it was taken to the Marine Workshop of the B.I.W.T.A. at Barisal for thorough repair. The defendant petitioner made inordinate delay in repairing the oil tanker and mutual claims and counter-claims cropped up between the parties. The dispute was referred to the Ministry...... its hull at Capetown. It was partially repaired and made seaworthy but while passing through Chalna it developed engine trouble and it was taken to the Marine Workshop of the B.I.W.T.A. at Barisal for thorough repair. The defendant petitioner made inordinate delay in repairing the oil tanker an......not impressed with the submission that the suit is an independent one and has nothing to do with the enforcement of the award. On the contrary it appears to be quite clear to us that in the garb of a money suit this is a suit for enforcement of the award of the District Judge, Dhaka. We have quote..Category: Civil Law | Date: | Hits: 142
Janata Bank Vs. Mohiuddin Specialised Textile, 2009, 38 CLC (HCD)
....r Court can waive interest on the basis of the recommendation of the Government, hold that Government or the Court is not empowered or have any authority to waive interest charged on the amount under claim as per agreement executed between the Judgment debtor and the financial institution i.e. the p......dgment dated 26-1-1997 and decree dated 22-1-1997 passed by the Artha Rin Adalat, Kushtia in Artha Rin Suit No.131 of 1993 decreeing the suit without interest pendent lite. 2. The questions arisen for consideration: (i) whether the Court is empowered to refuse interest pendent lite while decre......decree. 10. Next decision the learned Advocate relied on case of Messrs MM Ispahani Vs. Sonali Bank, 37 DLR (AD) 1. Where in "Sonali Bank sanctioned Taka 3,49,14,734.70 for realization of the suit money plaintiff initiated Money Suit No.172 of 1974.The suit was decreed. Thereafter, First Appeal N..Category: Civil Law | Date: | Hits: 141
Abdul Quayuam Khan Vs. Abu Yusuf Mridha, 1997, 26 CLC (HCD)
....itness to disbelieve him nor there is any enmity between this witness and the defendants and there is no suggestion even to this witness of any enmity and, as such, I have no reason to disbelieve the claim of genuineness of the Ekrarnama on the basis of evidence produced in this behalf. The defence ...... Appeal No. 242 of 1990 affirming those dated 5-8-90 passed by Additional Assistant Judge, Court No.1, Jessore Sadar, in Title Suit No.51 of 1980. The opposite parties as plaintiffs filed the suit for specific performance of contract covering the properties of schedule ‘Ka’ and ‘Kha’ meas......ars from the said Ekrarnama that it was executed on the same date, written by the same scribe and attested by same witnesses and further it appears that no specific date of repayment of consideration money was mentioned in the said deed. The Ekrarnama (Exhibit 2) is a registered deed carrying usual ..Category: Procedural Law | Date: | Hits: 129
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