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Md. Shermat Ali Vs. Mossammat Lilifa Khatun, 2005, 34 CLC (HCD)
....Defendant accepted the same. Thereafter the Plaintiff was given talak dated 14.10.1999 as per a village salish. Thereafter the Plaintiff has filed the suit upon some false allegations. 4. Both the parties adduced evidence in support of their respective cases. 5. The trial Court on considering ...... to its perspective. It is the case of the Defendant that he paid the dower money by transferring 16 decimal of land by Kabala deed dated 12.8.1997 which has been marked as Ext. Kha. Had there be any payment of dower by transferring 16 decimals of land vide Ext. Ka, the subsequent plea of executing ......ain as such the suit. 3. The Defendant contested the suit by filing a Written Statement denying the material statements made in the plaint contending, inter alia, that the Plaintiffs father took a loan amounting to Tk.70,000/- from the Defendant. There was a stipulation that the said loan would b..Category: Family Law | Date: | Hits: 224
.... of 2002 dismissing the appeal and modifying the Judgment and decree dated 26.1.2002 passed by the learned Senior Assistant Judge, Burichang, Comilla in Title Suit No.75 of 1999 decreeing the suit in part should not be set aside and/or such other or further order or orders passed as to this Court ma......ranted by this Court dated 23.11.2004 is hereby vacated.
13. The office is directed to send down the lower Court's record at once.
Ed.
This Case is also Reported in: 15 BLT (HCD) (2007) 418.
......ranted by this Court dated 23.11.2004 is hereby vacated.
13. The office is directed to send down the lower Court's record at once.
Ed.
This Case is also Reported in: 15 BLT (HCD) (2007) 418.
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Category: Civil Law | Date: | Hits: 104
lqbal Hossain Talukder (Md.) Vs. Md. Joinal Abedin Talukder and 76‑others, 2002, 31 CLC (HCD)
....h Opposite Parties will be referred to as Preemptors-Opposite-Parties. 3. The precise facts forming background of this Revision Petition are stated succinctly hereunder. 4. Pre-emptors-opposite parties in capacity of co-sharers by way of inheritance exercised right of pre‑emption on laying a...... their respective costs. Lower Court Record be sent down at once. A copy of this Judgment be transmitted to Courts concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 604. ...... their respective costs. Lower Court Record be sent down at once. A copy of this Judgment be transmitted to Courts concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 604. ..Category: Property Law | Date: | Hits: 116
Durga Rani Sutradhar Vs. Paresh Chandra Sutradhar, 2002, 31 CLC (HCD)
....raise any objection to the grant of the probate in favour of their mother applicant. But the learned Subordinate Judge acting as a District Delegate, rejected the application on 6‑8‑1988 after ex parte hearing only on the ground that the intended probate cannot be granted without having the orig......ance with law and in the light of our observations given above. We prefer to make no order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 600. ......ance with law and in the light of our observations given above. We prefer to make no order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 600. ..Category: Property Law | Date: | Hits: 113
....consisting of 3 members to inquire into the allegations brought against the petiÂtioner and the said Inquiry Committee without affording opportunities to the petitioner to defend himself and to take part in the inquiry proceeding to support his case, purportedly acting under the undue influence of ......him from service, marked Annexure-A to the petition, is declared to have been made without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 62.
......him from service, marked Annexure-A to the petition, is declared to have been made without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 62.
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Category: Employment/Service Law | Date: | Hits: 205
Bangladesh Water Development Board and other Vs. Progati Prakaushali & another, 1996, 25 CLC (HCD)
....early completion of the said project. During the course of execution of the project the contractor was required to do certain additional work out of tender schedule and it was agreed upon between the parties that for any additional work the contractor will be paid in the light of the rate fixed in t...... Circle, Water Development Board Comilla as the arbitrator to arbitrate upon the dispute between the parties namely, respondent No.1 contractor and Bangladesh Water Development Board in the matter of payment of the bills for the purpose of construction of RCC Jetty with approach embankment at Mohesh...... legally made the award a rule of the Court. In view of the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 335. ..Category: Alternative Dispute Resolution | Date: | Hits: 606
Rawsan Ara Begum alias Rawshani Vs. State, 2005, 34 CLC (HCD)
....ified by P.W.9, Dr. A.P.M. Hezbul Bari it is indisputable that the deceased Joynal was lynched. 23. Now the question calls for our considerations whether the appellant had any complicity with this particular offence and the impugned Judgment and order of conviction and sentence calls for any inte......ney from many persons of village Huzrakanda with a pretext of different pseudo pleas. The reason behind such murder might be the sequel to the conflict between the deceased and those persons over non payment of borrowed money. There is no nexus between the alleged offence and the accused. 8. Afte......nt who is on bail is discharged from the bail bond. Send down the lower Court records at once for information and necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 29. ..Category: Criminal Law | Date: | Hits: 142
Mohammad Ali Miah and others Vs. Md. Sekander Ali Haowlader, 2007, 36 CLC (HCD)
.... their business purpose, they wanted to sell the scheduled land separately and individually; that the plaintiff could know about this and expressed his interest to purchase the scheduled land and the parties fixed the current market value at Taka 15,28,000/-; that having been agreed by both the part......the defendants gave specific time to pay the remaining amount of money in order to execute and register a sale deed otherwise the earnest money would be forfeited; that the plaintiff neither made any payment nor gave any satisfactory explanation for not paying the money; that the defendants finally ......at the rate of 15% per annum will be charged upon this amount from the date of decree till realization. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 484. ..Category: Civil Law | Date: | Hits: 102
....to be unconstitutional and void to the extent to which it subjects the homeopathic drug and drug manufacturing raw materials, alcohol/rectified spirit in any manner whatsoever and the action of the Department of Narcotics Control making applicable the Narcotics Control Act 1990 in the homeopathic dr...... law to buy the rectified spirit and no discrimination has been made in matters of levying narcotics duty from the buyers of the rectified spirit. There cannot be any discrimination in matters of the payment of import duty on the rectified spirit by the importers and the narcotic duty under section ......et a copy of this judgment be sent to the Director General, Department of Narcotics Control, 1, Segunbagicha, Dhaka‑ 1000 at once.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 590.
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Category: Others | Date: | Hits: 341
Abdus Samad @ Md. Abdus Samad Vs. State, 2011, 40 CLC (AD)
....Abdul Majid Barker Vs. The State reported in 40 DLR (AD) 83, the relevant passage is reproduced herein:- "The weapon used was a lethal one and the injury, grave in nature, was caused on the vital part of the body. The intention to cause death of the victim therefore, is prima-facie apparent. Eve......d Senior Counsel for the petitioner merit no consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 332. ......d Senior Counsel for the petitioner merit no consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 332. ..Category: Criminal Law | Date: | Hits: 116
.... and is of no legal effect.
2. The following is the brief case of the petitioner. The petitioner is an established businessman. He also deals in the business of running ferry ghats. He was a major partner of M/s Liakat Ali in running Ashuganj‑Bhairab Ferry ghat (hereinafter referred to as the F......‘1‑97, they totally ignored Clauses 4 and 14 of the conditions and terms of the tender documents Annexure‑B. Both the Clauses slam the doors for extension of the lease of respondent No.5 and even payment of money compensation to him in the event of happening of situations as mentioned in Clause ......out lawful authority and is of no legal effect.
In the facts and circumstances of the case there will not be any order as to costs.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 331.
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Category: Civil Law | Date: | Hits: 178
....y of affidavit‑in‑opposition on behalf of the respondents. Since there was none to oppose the Rule on behalf of the respondents we started delivering the Judgment. After we finished a substantial part of the Judgment Mr. KMS Saifuddin Ahmed, the learned Deputy Attorney‑General, appeared before......or the petitioners, submitted that in view of the fact that allottee Ahmed Reza all along lived in Bangladesh till his death in November, 1973 and owned and possessed the case property all through on payment of "Annual Land Rent" to the Government in his name up to 1974 as evidenced by Annexure‑"C......he Bangladesh Gazette Extraordinary dated 29thSeptember, 1986), has been made without any lawful authority and is of no legal effect.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 325.
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Category: Property Law | Date: | Hits: 116
....ivision in Civil Revision No.2581 of 2005 making the Rule absolute reversing the judgment and decree dated 23.03.2005 passed by the learned Additional District Judge in Artha Rin Appeal No.21 of 2004 partly reversing the judgment and decree dated 05.09.2004 passed by learned Joint District Judge in ......sers Padma Bitan, opened a current account with the plaintiff-Bank on 04.08.1996 being account No.0133031887 and applied for loan and accordingly, it sanctioned a loan of Tk.1,00,000/-. The time of repayment of the loan was up to 30.12.1987. Defendant No.1 executed all the charge documents in favour...... that defendant No.1 as the attorney of Feroza Begum, the proprietor of Messers Padma Bitan, opened a current account with the plaintiff-Bank on 04.08.1996 being account No.0133031887 and applied for loan and accordingly, it sanctioned a loan of Tk.1,00,000/-. The time of repayment of the loan was u..
Category: Civil Law | Date: | Hits: 174
Begum Shamsunnahar Chowdhury Vs. Md. Masud Jamal and others, 1994, 23 CLC (HCD)
....Ahmed, Advocate ‑ For the Petitioner. Not Represented ‑ For the Opposite Parties. Civil Revision No.1904 of 1993. Judgment K M Hasan J.- This Rule was issued calling upon the opposite party No.1 to show cause why the Judgment and decree passed by the learned District Judge, Rajshahi ......g was never in question, rather the lower appellate Courts clearly held that the plaintiff appellant is the owner of the aforesaid house. 11. It is further submitted that the implications of non‑payment of the House Building Finance Corporation loans and dues by the defendant opposite party No.......e relevant facts as per the pleadings of the parties are, that the petitioner as plaintiff instituted OC Suit No.290 of 1990 claiming that she had constructed a house on the schedule land by taking a loan of Taka 3,28,000.00 from the House Building Finance Corporation, Rajshahi, Subsequently she exe..Category: Civil Law | Date: | Hits: 132
Bangladesh Power Development Board Vs. Sonali Bank and others, 1982, 11 CLC (HCD)
.... pro forma defendant No.4 filed written statement and was contesting the suit. The suit was fixed on 29.12.76 for pre-emptory hearing. Defendants were found absent on call and the suit was decreed ex parte. Thereafter, the appellant defendant filed an application under Order 9, rule 13 C.P.C givÂin......missed the Misc. Case. The appeal is, therefore, dismissed withÂout any order as to costs. Amirul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 157. ......ff insÂtituted the aforesaid money suit No.26 of 1974 in the 3rd Court of Sub ordinate Judge. Dacca against the pro forma respondent Nos.2 and 3 for recovery of money alleged to be due on account of loan advanced to the said pro forma respondent Nos.2 and 3 against hypothecation of goods. The appel..Category: Procedural Law | Date: | Hits: 143
State Vs. Abdul Awal, 1983, 12 CLC (HCD)
....formant P.W.1. Md. A. Khaleque, Inspector of Shops and EstabÂlishments visited the Stadium Branch of the Sonali Bank and the accused respondent as Manager thereof failed to satisfy that he furnished particulars of his establishment in Form ‘A' (Rule 10) that he maintained Visit Book in form 'B’......sed respondent Abdul Awal. 3. The Shops and Establishments Act, 1965 repealed and with certain amendments re-enacted the East Bengal Shops and Establishments Act, 1951 for regulating the holidays, payment of wages, leave, hours of work and certain other allied matters concerning the workers emplo...... Let a copy of this Judgment be forwarded to the learned Magistrate wherever he is posted now. Mohammed Habibur Rahman J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 151. ..Category: Others | Date: | Hits: 163
Md. Abdul Hye and others Vs. State, 2005, 34 CLC (HCD)
....e distinguishable from criminal breach of trust punishable under section 409 of the Penal Code. The offence of Criminal misconduct under section 5 of the Act postulates distinct and specific offence apart from those contained in the Penal Code. A public servant can be prosecuted for the offence of c......bu Zafor Siddiky alias Akhter who are currently on bail are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 403. ......bu Zafor Siddiky alias Akhter who are currently on bail are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 403. ..Category: Criminal Law | Date: | Hits: 109
Mongal Paita Perkhiddah College Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....spondent No.1, in short, is that the principal of the college applied to the Ministry of Education for inclusion of the names of all the teachers and staffs including the teachers and staffs of the department of Commerce and Computer in the list of MPO though the college had no recognition of that d......d to pass a reasoned order within 1(one) month from the date of receipt of a copy of this Judgment. There is no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 481. ......d to pass a reasoned order within 1(one) month from the date of receipt of a copy of this Judgment. There is no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 481. ..Category: Others | Date: | Hits: 112
Md. Abdul Quddus and another Vs. State, 2005, 34 CLC (HCD)
....t Division (Criminal) Present: Siddiqur Rahman Miah J Md. Abdul Quddus and another…………………………..Petitioners Vs. The state…………………………….Opposite party Judgment July 30, 31, 2005. Result: The rule is made absolute. Cases Referred ......other case and the accused Md. Rafiqul Islam who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 470. ......other case and the accused Md. Rafiqul Islam who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 470. ..Category: Criminal Law | Date: | Hits: 119
Mrs. Hasina Shams Vs. IFIC Bank Ltd. & Others, 2005, 34 CLC (HCD)
....efendant No.5 petitioner is directed against the judgment and order dated 17.6.2003 passed by a Division Bench of the High Court Division in Writ Petition No. 1618 of 2000 making the Rule absolute in part by setting aside the order dated 22.2.2000 passed by the respondent No.2 in Title Suit No.33 of......Powers of Attorney on 17.12.1991 empowering the plaintiff bank to collect the bills directly from the respondent No. 12; thereafter the plaintiff bank issued defendant performance guarantees, advance payment guarantees and by its head office sanction advice dated 21.03.1991 also sanctioned the defen......temporary over drawing facilities; the defendant Nos. 2-4 along with the defendant No. 5 stood as guarantors and executed personal guarantee in favour of the plaintiff bank for repayment of the above loans, being Director of the defendant No. 1 the defendant Nos.7-9 apart from executing personal gua..Category: Civil Law | Date: | Hits: 122
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