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Md. Mirzajul Sheikh Vs. State, 2009, 38 CLC (AD)
....e deceased Shefali Begum, daughter of P.W.2 Nasim Sheikh was married to condemned-petitioner Mirajul Sheikh before 21 days of the date of occurrence and accordingly Kabinama was registered on payment of Tk. 20,000/- in cash as dowry along with other gold ornaments. But such amount of dowry ......the appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the Jail petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 442. ..Category: Criminal Law | Date: | Hits: 86
Samarendra Nath Das (Nalu) and others Vs. Md. Atique and others, 2007, 36 CLC (AD)
....ubmitted that the High Court Division erred in law in failing to consider that there is nothing to show from the petition of complaint that the accuseds made any specific promise of making any payment within a specified time, moreso, the petitioners did not refuse to pay the money in favour......ears from the record that the petitioners have taken TK. 3, 50,000.00 for the purpose of business with a condition that they will return the amount with profit to be paid to the complainant; a cheque was issued by the petitioners and that has been refused by the bank on the ground of insuff..Category: Criminal Law | Date: | Hits: 41
Zahid Vs. Tanzir Hossain Mallick and another, 2007, 36 CLC (AD)
....noured, that the complainant again presented the cheque on August 5, 2002 and August 11, 2002 and on those days cheque was also not honoured since no arrangement was made by the account holder for payment of the amount mentioned in the cheque, that the complainant lastly presented the cheque on ......sed his inability to send the complainant's brother to Italy and thereupon complainant asked for return of the money received and that accused persons named in the petition of complaint issued cheque for amount of Tk. 3,00,000/- on August 3, 2002, that the complainant presented the cheque o..Category: Criminal Law | Date: | Hits: 56
Jamil Ahmed Khan Vs. Md. Delwar Hossain and another, 2009, 38 CLC (AD)
....was heard. In the meantime the petitioner was sent to jail on 27.12.2008 and the only son died in car accident on 16th March, 2009. 6. When Mr. Rafique-ul Huq came to know about the alleged payment, he requested his junior Zafarullah Chowdhury, who is Legal Advisor of Dhaka Stock Exchange......Advocate of the petitioner when the revisional case was heard before the High Court Division nor this was known to the Advocate-on-Record when the leave petition was filed on 23.02.2009. The entire cheque amount of Tk. 6,30,000/- (six lac thirty thousand) only was paid and received by the compla..Category: Criminal Law | Date: | Hits: 50
Banka Bihar Mondal Vs. Md. Tufazzel Sardar & others, 2008, 37 CLC (AD)
....83 and got their names recorded in the relevant S.A. Khatian. The plaintiffs have been possessing the suit land consciously for well over 12 years adversely to the interest of all concerned on payment of rent to the Government and enjoying the usufructs and have thereby acquired a bette......rrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 416. ..Category: Property Law | Date: | Hits: 23
Dhaka Bank Limited Vs. Monir Hossain and others, 2008, 37 CLC (AD)
....2.12.2000 passed by the High Court Division in Civil Revision No.3067 of 2000 disposing of the Rule giving direction upon the appellant to take immediate steps to release two double Decker buses on payment of all duties and taxes and to sell and to keep out of the sale proceeds of TK.43, 00,000.00......Court as security against the decree that may be passed till final decision of the suit." Accordingly, the appeal is disposed of. Ed. This Case is also Reported in: VI ADC (2009) 402. ..Category: Business or Commercial Law | Date: | Hits: 142
Md. Golam Wahed Mandal and others Vs. Abu Bakkar Mia and others, 2008, 37 CLC (AD)
....bbani which land he later on transferred to Aziz who again transferred same land to Golam Rabbani who in his turn transferred the land to defendant Nos.5-6 and they have been possessing the land on payment of taxes in their name. Ashan sold the land measuring 29 decimals to Kader, Golam Rabbani ......e are not inclined to interfere with such finding of fact. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 377. ..Category: Property Law | Date: | Hits: 23
City Bank Limited Vs. M/s. Oscar Fashionwear Ltd. and others, 2008, 37 CLC (AD)
....; in order to avail the import L/C facilities the defendant No.1 provided defendant securities and the defendant Nos. 2 and 3, on 24.1.1984 also executed letters of continuing guarantee for repayment of any outstanding that may be found due; meanwhile in terms of the request of the defenda...... no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 366. ..Category: Civil Law | Date: | Hits: 106
Md. Nurul Islam Sarker Vs. Deputy Commissioner, Gazipur and others, 2002, 31 CLC (AD)
....nema Hall was put to auction in certificate case No. 3-B.SB/1987. The certificate proceeding was initiated at the instance of Bangladesh Shipla Bank since respondent No.2 and his father defaulted the payment of the loan. Ultimately the Cinema hall with the land buildings and machinery were sold in a......ed without lawful authority and is of no legal effect. The Respondents are to pay Tk. 10,000/- (Ten thousand) as cost of this appeal. Ed. This Case is also Reported in: II ADC (2005) 643. ..Category: Civil Law | Date: | Hits: 128
Sonali Bank Vs. Quaderia Publications and Products Limited and others, 2002, 31 CLC (AD)
....amount before making the claim but the management credit committee of the Bank refused to allow the 75% waiver. On 11.4.1994 the respondent company prayed to Sonali Bank for extension of time for repayment as it defaulted in paying installments because of loss cause Cyclone in 1991. Accordingly,......gality in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 148. ..Category: Banking Law | Date: | Hits: 100
Md. Abdul Awal Vs. Md. Abdul Barek, 2007, 36 CLC (AD)
.... of the School, cheque No. 507364 dated 21-7-1993 for Taka 9,000.00 for development of the School, cheque No. 5075365 dated 9-9-1993, which is the disputed cheque, for Taka 65,763.00 was issued for payment of salary to the teachers and staff of the School for July, August, September, 1993 and purc...... from the proposal register of the said School that an amount of Taka 15,619 was issued for the salaries and wages of the teachers and staff for June, 1993 and for other incidental expenses, the next cheque bearing No. 5075362 for Taka 8,600.00 was issued for the purpose of reserve fund etc., the ch..Category: Criminal Law | Date: | Hits: 65
Government of Bangladesh Vs. Jahanara Rashid and others, 1998, 27 CLC (AD)
....rected the tenant to pay rents to her. There is also no evidence that any tenant entered into a fresh agreement of tenancy with her after the deed of gift, paid rents to her and that she showed the payment of rent in her income-tax return. There is also no evidence that she ever appointed any ca......gment and order warrant an interference. In the result, the appeal is allowed without any order as to costs. Ed This Case is also Reported in: II ADC (2005) 563. ..Category: Property Law | Date: | Hits: 42
Serajul Huq and others Vs. Bangladesh, 2007, 36 CLC (AD)
....er in possession of a house situated at Plot No. 43, Road No.2, Block-B, Section-1, Mirpur Housing Estate, Mirpur, Dhaka, which he got under a lease deed dated 1.12.1961 for a period of 99 years on payment of full cost of Tk. 2700/- to the Government; while the said Md. Hanif and his wife and so......desh; Md. Hanif, who was a Government servant, having retired from service in the year 1964, had been living in Bangladesh with his family as citizens thereof and while drawing, pension from the exchequer of the Government as a retired Government servant he died at Mirpur, Dhaka on 3.9.1981 leav..Category: Property Law | Date: | Hits: 30
Abdul Malek Mollah Vs. Md. Abdul Salam Moral and another, 2009, 38 CLC (AD)
....ed consideration amount of Tk. 4,55,000/- the defendant No.1 after execution of the agreement for sale delivered the possession of the suit property to the plaintiff and it was agreed upon that on payment of the balance amount the defendant would execute and register the required sale deed but t......ndant would execute and register the required sale deed but the defendant was arrested and in such situation, the wife of the defendant requested the plaintiff for money and the plaintiff gave her cheque of Tk. 5,000/- on Sonali Bank, Rajendrapur Cantonment Branch, on 26.01.1993 and thereafter, ..Category: Property Law | Date: | Hits: 34
BRAC Vs. National Board of Revenue, 2009, 38 CLC (AD)
.... of the Ordinance. 4. On or about 24.5.2001 the writ petitioner made an application before the Member (tax waiver and exemption) of the National Board of Revenue (NBR) for complete exemption from payment of the requisite tax under section 158(2)(a) of the Ordinance. The NBR thereupon by its orde......d arrived at a correct decision. Hence we do not find any reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 63. ..Category: Fiscal/Taxation Law | Date: | Hits: 125
Government of Bangladesh Vs. Abdur Rahman and others, 2005, 34 CLC (AD)
....d the Government regarding sale of Gazari trees from the suit plots. 8. The case of the plaintiffs is that they took settlement of the suit plots from Bhawal Court of Wards Estate on 04.05.1949 on payment of salami and rent etc. by two salami receipts subject to the approval by the Chief Manage......erence by this court. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147...Category: Property Law | Date: | Hits: 42
M/s. Shahjhan Enterprise Ltd. Vs. Meghna Petroleum Ltd. and others, 2001, 30 CLC (AD)
....s served upon defendant Nos. 1-2 on 10.3.1982 but in spite of that they did not deliver possession to the plaintiff. It is also the case of the plaintiff that subsequently these two defendants made payment of 33 months arrear rent at a time to the Waqf Estate. Then again defendant No. 2 made an ad......n allowing the appeal and dismissing the suit. There is therefore no merit in this appeal and the same is accordingly dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455...Category: Tenancy Law | Date: | Hits: 149
Md. Shamsul Huda Vs. Bangladesh and others, 1999, 28 CLC (AD)
....plaintiff of O.C. Suit No. 35 of 1969 started other Execution Case No.22 of 1969 and obtained a kabala executed Through Court on 31.7.72 and also got his name mutated in the record of right and on payment of rent got dakilas and also realised rents from the tenants of the suit property. ......gment and decree dated 16,7.91 of the High Court Division without any order as to costs and restore those of the trial court. Ed. This Case is also Reported in: II ADC (2005) 440. ..Category: Property Law | Date: | Hits: 23
Bangladesh Vs. Md. Shajahan, 1999, 28 CLC (AD)
....the building nor the possession of the same was ever taken over by the Government and that the owner was in physical possession of the building on mutation of his name in the record of right and on payment of rent and taxes to the authority and as such the High Court Division rightly passed the ......ontentions raised at the Bar are identical by this common judgment we dismiss both the appeals without any order of costs. Ed. This Case is also Reported in: II ADC (2005) 411. ..Category: Property Law | Date: | Hits: 23
Most. Hamida Vs. Md. Majibur Rahman , 2002, 31 CLC (AD)
....d dismissed the case of the plaintiff for ejectment and whether the High Court Division wrongly held that the bonafide requirement of the plaintiff was not proved and the allegation of the default in payment of rent also could not be proved by the plaintiff. 7. Mr. Mahmudul Islam, the learned Cou......mpugned judgment and order of the High Court Division is set aside and the suit for ejectment is decreed. No order is made as to costs. Ed. This Case is also Reported in: II ADC (2005) 408...Category: Tenancy Law | Date: | Hits: 175
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