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Hakim Ullah Vs. Mutaleb and others, 1996, 25 CLC (HCD)
....cord and the appeal be heard on merit in accordance with law as if it were presented within time. There will be no order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 118.......cord and the appeal be heard on merit in accordance with law as if it were presented within time. There will be no order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 118.......he case who are co-sharers of the said holding. The pre‑emptor had full knowledge about the transfer and he has offered to purchase the case land but he refused to purchase the same for shortage of money and as such, the petitioner purchased the case land. 7. By the judgment and order dated 23â..Category: Procedural Law | Date: | Hits: 70
Fatema Khatoon Vs. City Bank Ltd. and others, 1996, 25 CLC (HCD)
....er is set aside. Application dated 1‑11‑94 of the petitioner Fatema Khatun in allowed and she is added as a defendant in the suit. Ed. This case is also Reported in: 49 DLR (HD) (1997) 117. ......dhar Ali since deceased. The defendants are the heirs of the loanee. Plaintiff Bank has also sought for other reliefs including the sale of the mortgage properties for the realisation of the decretal amount that may be passed in the suit. 3. In the plaint mortgaged properties have been described ...... rejected by the order dated 23-7-95 and so she has obtained this Rule against thereof. 2. Plaintiff in the suit is the City Bank Ltd. and the suit filed on 21-8-91 is for realisation of the loan money of Taka 8,28,611.00 with interest as on 31‑3‑91 taken by Jaidhar Ali since deceased. The d..Category: Procedural Law | Date: | Hits: 67
M R Sikder Vs. Bangladesh Water Development Board, 1996, 25 CLC (HCD)
....s application. The Rule is accordingly discharged without any order as to costs. The order of stay passed earlier is hereby vacated. Ed. This case is also Reported in: 49 DLR (HD) (1997)113. ......ction under sections 30 and 33 of the Arbitration Act along with a surety signed by the Chairman of the Water Development Board on behalf of the Board and prayed for acceptance of the surety, for the amount of the award which is Taka 4,95,29,000.00. Thereafter the matter was placed before the learne......r the award. 8. According to the opposite party they have furnished proper security as required under of the Arbitration Act. This amended provision is meant for assuring the recovery of the award money if the objection is rejected against the award. Admittedly the word security has not been defi..Category: Alternative Dispute Resolution | Date: | Hits: 245
Mohsin Hossain (Md.) Vs. Government of the People's Republic of Bangladesh, 1996, 25 CLC (HCD)
.... order as to cost. Impugned notice dated 22-7-95 is declared to have been issued without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 112. ......vance from him by executing a bainapatra to sell RAJUK Plot No.11(14) of Road No.23, Block‑3, Banani, Dhaka. But due to dispute about the said property petitioner agreed to refund that said advance amount but ultimately did not do so and thus misappropriated the said amount cheating him and in con...... order as to cost. Impugned notice dated 22-7-95 is declared to have been issued without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 112. ..Category: Criminal Law | Date: | Hits: 60
Nuru Miah and another Vs. State, 1996, 25 CLC (HCD)
....ing injuries on the dead body o Nasiruddin: 1) One echymosis in front of the neck measuring 4" x 2". 2) Multiple abrasion of different shapes and sizes on different parts of the body. 3) The whole body was found swollen and maggots found present. 4) One lacerated injury in the fore‑hea......t the appellants are set aside. Let the accused appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This case is also Reported in: 49 DLR (HD) (1997) 97. ......ound the dead body of Nasiruddin and he informed Manju, Jahid, Jalal and others about it. P.W.7 knew nothing as to who killed Nasiruddin. 12. P.W. 8 Shahida Begum stated that P.W.6 Manju owed some money to deased Nasiruddin went to their house to collect that money. These all are the evidence add..Category: Criminal Law | Date: | Hits: 56
Sharifuddin (Md.) Vs. Md. Mofizuddin Sarker and others, 1994, 23 CLC (HCD)
....s. The authority concerned is directed to take expeditious step for holding re-election in view of the term office of the chairman. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 86. ......on of the Head Office of the Bank he sold the jute and deposited the entire sale proceed of Taka 4, 28, 000.00 in excess of the loan he took which was a sum of Taka 3, 96,350.00. But the bank claimed amount on account of interest. On 7‑10‑91 Bangladesh Bank issued a circular to facilitate paymen...... Taka 3, 96,350.00. But the bank claimed amount on account of interest. On 7‑10‑91 Bangladesh Bank issued a circular to facilitate payment of loan against whom no suit was pending for recovery of money. Pursuant to such circular the Muktagacha‑Branch issued a letter to the opposite party No.2...Category: Election Law | Date: | Hits: 148
Sk. Helal Uddin and another Vs. State, 2010, 39 CLC (HCD)
....ective appellants. The office is directed to send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ......ame, that is, in total movable and immovable properties of Tk. 10,67,81,643.75, but he did not describe the assets and assess the value thereof specifically and properly. Though he had an outstanding amount of Tk. 1,77,376.81 from the accounts of East West Property Development (Pvt.) Ltd. and Bashun......and without jurisdiction. 26. It further appears from the statement of assets, Exhibit-5/1 that it was specifically stated that some of the properties were purchased by appellant No.2 with her own money and some of the properties were acquired by way of inheritance and as such the allegations bro..Category: Criminal Law | Date: | Hits: 108
.... stay. This is also a good ground for not granting stay of the suit.
For the foregoing reasons this appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 138.
...... stay. This is also a good ground for not granting stay of the suit.
For the foregoing reasons this appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 138.
...... stay. This is also a good ground for not granting stay of the suit.
For the foregoing reasons this appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 138.
..
Category: Alternative Dispute Resolution | Date: | Hits: 161
Tajidullah & others Vs. Sona Miah & others, 1986, 15 CLC (HCD)
....ill be at liberty to amend the pleadings and adduce fresh evidence, if so desire. There will be no order as lo costs of this appeal. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 223.......ill be at liberty to amend the pleadings and adduce fresh evidence, if so desire. There will be no order as lo costs of this appeal. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 223.......ssession of the land. It was agreed between the parties that Sarada and Kumud Ranjan DC would execute and register kabalas in favour of the defendants on receipt of the balance of the consideraÂtion money and three years after the aforesaid deed of contract, the wife of Sarada Ranjan, on behalf of ..Category: Property Law | Date: | Hits: 66
Jn. Md. Saleh Ahmed Khan Vs. Government of Bangladesh & others, 1989, 18 CLC (HCD)
.... without jurisdiction and without lawful authority. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 210....... without jurisdiction and without lawful authority. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 210.......dated 16.2.79 with the then Assistant Registrar of Co-operative SocieÂties. It has 513 members. The samity has raised Tk. 8,12,000/- as subscription for land and raised another Tk. 51,300/- as share money. The samity has constructed shops, buildings, roads and approaches to a market. The petitioner..Category: Civil Law | Date: | Hits: 87
....pugned order is, therefore, without jurisdiction.
In the result, the Rule Nisi is made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 203.
......His case was that by Exhibit 2 he submitted a representaÂtion to the accused-petitioners requesting the payÂment of termination benefits, and he also, enclosed a calculation of termination benefits amounting to Tk. 84,483/-. He admitted payment of Tk. 26,100.33 on the basis of the judgment, but ma......pugned order is, therefore, without jurisdiction.
In the result, the Rule Nisi is made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 203.
..
Category: Labour and Industrial Law | Date: | Hits: 192
Major (Retd.) Mohammad Afsaruddin Vs. Kamal Rahman, 1989, 18 CLC (HCD)
....the above reasons we do not find any ground to interfere. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 190. ......the above reasons we do not find any ground to interfere. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 190. ......No.1 instituted the suit for specific performance of contract of sale against the petitioner as defendant No.1 in respect of 9 kathas of land on the allegations that he paid Tk. 2,50,000/- as advance money out of a stipulated total consideration of Tk. 5,40,000/- by an agreement dated 27.1.79. The d..Category: Property Law | Date: | Hits: 58
Ministry of Communication and others Vs. Md. Ferozur Rahman & ors, 1991, 20, CLC (HCD)
....ounsel submitted that in the instant case the caterer having performed his function in full to the satisfaction of the Railway Authority and he having not found to be an undesirable person, serving unwholesome food to the ordinary citizen, his right to such service during his contractual period cann...... case this question of revocability cannot arise because the cancellation of the contract is prima facie without lawful authority. On the merits of the case he has submitted that as per agreement the amounts that are to be charged for serving breakfast in Restaurant Car and Buffet car has been clear......0.00 and Air Condition compartment @ Taka 38.00. They are directed therefore to pay within 31st December, 1990 the amount they owe to the Railway namely Taka 21,16,048.00 with the warning that if the money is not paid within that time legal action will be taken against them by cancelling the licence..Category: Civil Law | Date: | Hits: 72
Kabir and others Vs. State, 1991, 20 CLC (HCD)
....occurrence. So receipt of this money and the saree be treated as inculpatory. Thus it appears that some part of the statement is exculpatory and some part is inculpatory. Of course the statement as a whole appears to be vague and also contradictory in a way that the place of occurrence as disclosed ...... against them. They may be set at liberty at once if not wanted in connection with any other case. Send down the records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 755. ......e for watching; that they abused the inmates both male and female in filthy languages and also kept them tied and looted away gold ornaments, sarees, radio, etc. worth Taka 1,50,000.00 including cash money; that the neighbouring people rushed to the place of occurrence on getting information through..Category: Criminal Law | Date: | Hits: 76
Siddiqur Rahman Vs. State, 1988, 17 CLC (HCD)
....contains an express provision in this behalf, the Court shall make such direction, unless for reasons to be reÂcorded in writing is of opinion that the direction should not be made in respect of the whole, or, as the case may be, a part of the property. (2) The owner of any vessel, conveyance or......against him. We direct that the appellant be set at liberty at once, if not wanted in any other case. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 173. ......ard on the Hat day that Hafiz Gazi dealer was selling ration paddy. He went to the Hat and found 8/10 mounds of old paddy in the boat of acÂcused Shah Alam. When asked Shah Alam told that Hafiz took money from him and gave the paddy. In his cross-examination he said that police took Shah Alam to th..Category: Criminal Law | Date: | Hits: 74
....e D.I.G., Prisons & Supdt., Dhaka Central Jail as well as to the Secretary, Ministry of Home Affairs, Govt. of Bangladesh, Dhaka.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 160.
...... hours in Bangkok and the detenu was thus suffering from fatigue and the efÂfects of a prolonged flight. In such a physical and confused mental condition he committed some misÂtakes in entering the amounts of U.S. Dollars, SinÂgapore dollars and Thai Baths in the currency declaraÂtion form. When......e D.I.G., Prisons & Supdt., Dhaka Central Jail as well as to the Secretary, Ministry of Home Affairs, Govt. of Bangladesh, Dhaka.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 160.
..
Category: Criminal Law | Date: | Hits: 108
Ayar @ Ayaruddin and others Vs. State, 2004, 33 CLC (HCD)
....for taking necessary actions in this regard in the light of the observations made above within 7(seven) days from the date of receipt hereof. Ed. This Case is also Reported in: 56 DLR (2004) 495.......ed on such a plea. However, if the facts alleged against an accused person do not themselves constitute an offence, if they are proved or admitted, the plea of Guilty in relation to those facts would amount to admission of proved facts without converting those facts into a penal offence, of which ea......for taking necessary actions in this regard in the light of the observations made above within 7(seven) days from the date of receipt hereof. Ed. This Case is also Reported in: 56 DLR (2004) 495...Category: Criminal Law | Date: | Hits: 73
Kamaluddin and others Vs. Abdul Aziz (Md.) and others, 2004, 33 CLC (HCD)
....interest while his mother Ayesha Khatun was owner in possession in the rest 2 annas of Khatian No. 199. After death of said Ayesha Khatun, Tabarakullah became owner in possession to the extent of the whole of 2.40 acres of land. After sale of some land to one Islam, he was also recorded to be owner ......e trial Court. The respondents would be entitled to withdraw the money deposited in Court by the preemptors. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 485.......ee respondent Nos. 1 to 4 fail to execute and register the sale deed within a period of three months of the receipt of the record by the trial Court. The respondents would be entitled to withdraw the money deposited in Court by the preemptors. Send down the record at once. Ed. This Case is a..Category: Property Law | Date: | Hits: 71
Foez Ahmed Vs. Joynal Abedin and others, 2002, 31 CLC (HCD)
....t and decree in decreeing the suit calling for interference by this Court. In the result, this Rule is discharged, No order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 477. ......Foyes Ahmed for selling the suit land. The price for the suit land was fixed at Taka 15,000. The defendant gave the plaintiff a sum of Taka 500 as baina on the condition that he would pay the balance amount of Taka 14,500 to the plaintiff on 24‑05‑87 and then the plaintiff would execute and regi......ere also the defendant not being available the plaintiff again went to the house of the defendant. This time the plaintiff met the defendant but he told the plaintiff that as he could not arrange the money it was not possible for him to give him the balance money. The defendant further told that aft..Category: Property Law | Date: | Hits: 80
MR Trading Co. Vs. Superintendent Engineer and others, 2004, 33 CLC (HCD)
....rict Judge is directed to hear and dispose of the suit by 27‑7‑04, positively. Send down the lower Court's record within three days. Ed. This Case is also Reported in: 56 DLR (2004) 470. ......received running bills but in spite of repeated demands, did not receive Taka 26,97,55,755, which still remained outstanding. He therefore prayed for a mandatory injunction for payment of 80% of said amount. 4. Defendant Nos. 1 to 6 opposed the applications by filing two written statements. Their......everal declarations and for mandatory injunction for payment of Taka 22,000,000 within seven days. Subsequently, by an amendment of the plaint on 27‑01‑04, the suit was transformed into one for a money decree of Taka 47,000,000 for price of the works done. 3. The plaintiff made two applicatio..Category: Civil Law | Date: | Hits: 73
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