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Wahiduzzaman (Md.) Vs. Government of Bangladesh & others, 2003, 32 CLC (HCD)
....e us. However, it is true that in second proviso to section 4 the Government has been given power to curtail or alter any area of a Nikah Registrar but no guideline has been given. If we consider the whole section, it will be apparent that the purpose of the provision itself will be frustrated if th...... pointed out that there is no guideline on the basis of which the Government is required to exercise this power. So, according to them, the Government may adopt a policy of pick and choose which will amount to violation of the fundamental right of equality. They have also argued that such action amo...... are liable to be discharged. In the result, the Rules are discharged without any order as to cost. The stay granted earlier is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 26. ..Category: Civil Law | Date: | Hits: 79
Emdadul Hoque Vs. State, 2004, 33 CLC (HCD)
....n. Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 21. ......n. Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 21. ......t Emdadul Hoque about six years ago and that (accused) was a vagabond while his (informant) daughter (deceased) was working in the rice mill of one Mukul situated at Lalmonirhat Town and used to save money. The accused-appellant used to take money from his wife off and on and if his wife the decease..Category: Criminal Law | Date: | Hits: 76
Abdur Rahman Dhali and others Vs. State, 2004, 33 CLC (HCD)
....rt of Divisional Special Judge, Barisal at once directing to ensure the trial of the accused Mollah Kamruzzaman at the earliest opportunity. Ed. This Case is also Reported in: 57 DLR (2005) 17. ......n and Md. Nurul Islam Maloni filed an application to the higher authority of the concerned Food Department, Barisal alleging, inter alia, that one Mollah Kamruzzaman, Ex‑Food Officer, Hizla took an amount of Taka 66,514.21 as price of ration goods in order to deposit in Government treasury and dis......ne Mollah Kamruzzaman, Ex‑Food Officer, Hizla took an amount of Taka 66,514.21 as price of ration goods in order to deposit in Government treasury and dishonestly misappropriated the said amount of money without depositing the same in the concerned Bank showing false document relating to such depo..Category: Criminal Law | Date: | Hits: 85
Rajab Ali Zulfiqar Vs. State, 1993, 22 CLC (HCD)
....o surrender to his bail bond and serve out the remaining sentence at once. Let the, records of the, case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 705. ......,800.00, in default, to suffer simple imprisonment for 6 (six) months more. 2. The prosecution case in brief is, that the appellant as the Head Teacher of the Bakshiganj Primary School drew an amount of Tk. 10,000.00 by cheque No.384382 dated 2.12.82 issued by the District Education Officer a......ire but he could not finish the repair and development work of the said institution. Hence he was asked to finish the work of development within 14.3.83 and to submit account for the said amount of money received by him but he failed to do so. He was then given repeated pressure and reminders to r..Category: Criminal Law | Date: | Hits: 92
Afzal Hossain Vs. Chief Election Commissioner and others, 1992, 21 CLC (HCD)
....a wrong candidate from the beginning, in spite of its being detected immediately and taken for decision before the Election Commission. The answer surely would be in the negative, as otherwise in the whole election people would be backing a horse which will ultimately be found to be a wrong horse ma......e petitioner filed a written objection against the candidature and nomination paper of respondent No.8 namely Mohiuddin Sikder Babul with the statement alleging that the said Mohiuddin Sikdar took an amount of Taka 6000.00 as agricultural loan on 11.1.92 from Krishi Bank on condition for repayment o......oan is being given to the candidate for Boro cultivation on 11.1.92 to be repaid on or before 31.7.92 which means within six months from the date of borrowing and from that papers it is seen that the money was in fact paid with interest of Tk. 620.00 in total 6620.00 on 1.9.92 the day the nomination..Category: Election Law | Date: | Hits: 153
Air Marshal Jamaluddin Ahmed (Retd) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....Bench of this Court under section 561A of the Code of Criminal Procedure. Under such circumstance, since the petitioner maintained an unblemished career all through without any allegations during the whole 36 (thirty-six) years of his service career and since the pension had already been accrued to ......28‑9‑2002 (Annexure C) finally directed the Air Head Quarters to settle his pension claims on payment of Taka 35,855 in TR Form towards the claims of the Government or after deduction of the said amount from his pension-cum-gratuity with his consent and accordingly, the petitioner had duly given......om the date of receipt of the copy of this judgment and order. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 1. ..Category: Employment/Service Law | Date: | Hits: 148
State Vs. Abdul Hatem, 2003, 32 CLC (HCD)
....o the guilt of the condemned prisoner. V. Abscondence: Record indicates that the condemned prisoner immediately after the incident absconded and remained a fugitive from law and justice during the whole period of the proceeding of the case. He was tried in absentia and till now he is in absconden......ection: Sigmoid colon was perforated. The mesentery of sigmoid colon and left common iliac artery was injured. There was a big haematoma under the parietal peritorium of the post abdominal wall. Huge amount at clotted blood which was resisted on washing was found in the penis and abdominal cavity. ......Jamalpur in Sessions Case No. 76 of 1999 arising out of Sarishabari Police Station Case No. 19(6)/97 corresponding to GR Case No. 462(2)97. Ed. This Case is also Reported in: 56 DLR (2004) 431. ..Category: Criminal Law | Date: | Hits: 75
Mozibar Rahman Molla (Md) and another Vs. Rehazuddin and others, 2003, 32 CLC (HCD)
.... satisfied but also the litigants should have satisfaction that all their evidence have been evaluated and their contentions and arguments duly considered. This is of vital importance inasmuch as the whole edifice of confidence of the litigants in Courts is built upon the quality of judgments. The C......of judgments. The Court shall be guided by the instructions in the following rules." 13. Lastly, the learned Advocate for the petitioners submits that the impugned judgment and order of affirmance amounts to error of law, which has resulted in an error in the decision occasioning failure of justi......ons made in this judgment. Send down a copy of this judgment along with the Lower Courts Record to the trial Court at once for compliance. Ed. This Case is also Reported in: 56 DLR (2004) 427...Category: Property Law | Date: | Hits: 98
Ambala Cold Storage (Pvt.) Ltd. Vs. Prime Insurance Co. Ltd., 2001, 30 CLC (HCD)
....ed without any order as to costs. The petitioner may, however, make their claim before the competent civil Court in terms of the policy. Ed. This Case is also Reported in: 56 DLR (2004) 422. ......about the result in due course. It has been stated that the respondent by their letter dated 18‑12‑1998 addressed to Sonali Bank, Foreign Exchange Corporate Branch, Dhaka confirmed that the claim amount will be directly paid to the petitioner through their branch. Thereafter, tile petitioner mad......ed without any order as to costs. The petitioner may, however, make their claim before the competent civil Court in terms of the policy. Ed. This Case is also Reported in: 56 DLR (2004) 422. ..Category: Company Law | Date: | Hits: 168
Commander (Rtd) A A Chowdhury Vs. AKM Imam Hossain and others, 1996, 25 CLC (HCD)
.... reference by this Court. In the result, the Rule is discharged with costs. The stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 23 ......after the expiry of original tenancy does not arise. 16. It has been argued on behalf of defendant No.2 that the decree for arrear rent as passed by the Courts below is a decree for an unspecified amount of money and, as such, it is not tenable in law. But it appears from the impugned judgment as......expiry of original tenancy does not arise. 16. It has been argued on behalf of defendant No.2 that the decree for arrear rent as passed by the Courts below is a decree for an unspecified amount of money and, as such, it is not tenable in law. But it appears from the impugned judgment as passed by..Category: Property Law | Date: | Hits: 65
Mokbul Ahmed Vs. Shamsul Rashid and others, 1996, 25 CLC (HCD)
....in Civil Revision No.250 of 1991 for stay has become infructous and the same is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 18. ...... 28th Kartik, 1323 BS was never acted upon as the waqif did not intend to create a Waqf in respect of the suit property as he pursuant to an agreement for sale with his sons had meanwhile obtained an amount of Taka 500.00 to redeem the suit property from mortgage and disposed of the same on 19-11-19...... remember what the exact quantum is now though he has stated that he is acting as mutwalli of the suit property. He has denied that the suit property was mortgaged and that same was redeemed with the money of the sons of Helimullah to whom the latter subsequently sold the suit property. He also stat..Category: Trust/Waqf Law | Date: | Hits: 165
Md. Saidur Rahman Vs. Farid Uddin Mahmud and others, 2011, 40 CLC (AD)
....he has appreciated that the impugned judgment is a well reasoned one. We find no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 698....... the mortgaged property was put on auction sale after compliance of formalities and the respondent No.1 purchased the property at Tk.1,73,22,000/-. The auction purchaser thereupon paid the entire amount and pursuant thereto, the Adalat issued the sale certificate on 28th October, 2008 and subseq...... narrated as under. The respondent No.3 obtained a decree against the petitioner and others in Artha Rin Suit No.66 of 1996 for Tk. 53,15,235.76. As the judgment debtors did not pay the decreetal money, the decree holder filed Artha Jari Case No. 153 of 2007 for selling the mortgaged property ..Category: Property Law | Date: | Hits: 81
....lant shall submit the concise statements by 12th April, 2011 and 1(one) week thereafter the respondent will file the concise statements.
Ed.
This Case is also Reported in: VIII ADC (2011) 685.
...... Shahjahan and Jahangir, sons of late Jahed and Rashida Akhter, wife of Abdul Malek. On 05.08.2004 the suit was decreed ex-parte in preliminary form. As the judgment-debtors did not pay the decreetal amount to the decree-holder bank it levied Artha Rin Execution Case No. 149 of 2005 for execution of...... execution case were stayed. A Division Bench of the High Court Division, after hearing the writ petition by its judgment and order dated 04.01.2009, discharged the Rule on the ground that the entire money as required by law was not deposited. At the time of hearing of the writ petition for the firs..
Category: Property Law | Date: | Hits: 48
Md. Shamsul Hoque Vs. Md. Jabbar and another, 2011, 40 CLC (AD)
....epare the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 673. ......epare the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 673. ......e purpose of construction of a by-pass road and that the defendant No.1 Shamsul Hoque, by creating a false Kabala deed in respect of their 1.17 acres of land, was trying to receive the compensation money for the said 06 decimals of land. That Md. Jabbar, Md. Sattar and their mother then procured t..Category: Property Law | Date: | Hits: 76
Shaki Md. Shoaib and others Vs. Md. Kashem Ali Bhuiyan and others, 2011, 40 CLC (AD)
....at a consideration of TK. 4,25,000.00 and not to sell 2.44 acres of land, so the plaintiffs could not be blamed for non-payment of the balance consideration and thus to refuse to decree the suit as a whole. He has further contended that execution of the agreement having been admitted by the contes...... TK.3,00,000.00(three lakhs) to the defendant within 1(one) month from the date of execution of the deed of agreement and though they went to the house of defendant on 30.07.2000 and offered the said amount to him, he refused to accept the same saying that he would not sell the suit land, onus was s......r of the suit land offered the plaintiffs to purchase the same at a consideration of TK. 31,42,500.00 at the rate of TK. 4,25,000.00 per bigha. Defendant No.1 on receipt of TK. 2,00,000.00 as earnest money out of the total consideration of TK.31, 42,000.00 entered into an agreement with the plaintif..Category: Property Law | Date: | Hits: 72
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....we find no merit in this Rule. In the result the Rule is discharged without any order as to costs. Tariq ul Hakim J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 203. ......curity money of Tk. 15,00,000/- and the property has been allotted to him vide memo dated 9.5.99 (Annexure-4). Hence, he has a legal right to have the lease agreement executed upon paying the balance amount of the bid money. 8. Refuting the contention of the respondents that petitioner no. 1 has ......y out plan without going through the formalities as are required in case of change of master plan. Lastly, Mr. Islam submits that respondent no. 5 is a bona fide auction purchaser depositing security money of Tk. 15,00,000/- and the property has been allotted to him vide memo dated 9.5.99 (Annexure-..Category: Property Law | Date: | Hits: 135
Rupali Jute Baling Ltd. Vs. Agrani Bank, 1991, 20 CLC (HCD)
....review application is not maintainable, further holding that this review application does not speak anything about the impugned judgment and the application for review had prayed for re‑opening the whole judgment and decree by rehearing of the whole matter which is not possible by the court in rev......nstant case the bank filed the suit for realisation of money on account of cash credit given against mortgage of the schedule properties. In that suit the plaintiff Bank asked for realisation of an amount of Taka 7,05,81,038.88 by sale of the properties mortgaged against the loan. It is seen from......shall advert presently and we wish to do that after narrating certain other circumstances which are material in the instant case. 11. In the instant case the bank filed the suit for realisation of money on account of cash credit given against mortgage of the schedule properties. In that suit the..Category: Procedural Law | Date: | Hits: 111
Mitali Shipping Lines Vs. Bhuiyan Navigation Agency, 1991, 20 CLC (HCD)
.... court revising the order of the learned Magistrate made under section 516A CrPC. The Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 230. ......ce charter fee to the petitioner company and it was stipulated that Tk. 52,000/‑ was to be paid each month as charter fee. A further stipulation was that the opposite party No.1 was to pay the full amount of monthly charter fu for the first 7 months of the charter year commencing from the date of ...... court revising the order of the learned Magistrate made under section 516A CrPC. The Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 230. ..Category: Civil Law | Date: | Hits: 97
Mir Amanullah Vs. Mohammad Sharif and others, 1991, 20 CLC (HCD)
....ptible and the application for pre‑emption is allowable. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 228. ......ptible and the application for pre‑emption is allowable. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 228. ...... (10) of section 96 is applicable in the present case on the ground that the transfer is in exchange for a prayer‑mat which is admittedly non‑pecuniary consideration, that is, not in exchange for money. His contention could hold good only if the donees were within the three degrees of the consan..Category: Property Law | Date: | Hits: 75
....eparation of the Paper book is dispensed with as prayed for.
The order of stay granted earlier be extended till disposal of the appeal.
Ed.
This Case is also Reported in: VIII ADC (2011) 645. ......ice Regulation of the corporation. It is further contended that the High Court Division fell in an error in directing to reinstate the writ petitioner despite finding that he had kept with him huge amount of public money without depositing with the bank account, which conduct amounted to misappr......rred an appeal as per rules, which was also dismissed.
3. The petitioners contested the petition by filing an affidavit-in-opposition. Their claim is that the writ petitioner embezzled huge public money and accordingly he was put on suspension as per rules. The inquiry committee also found the al..
Category: Employment/Service Law | Date: | Hits: 109
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