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Anwarul Hoque (Md.) Vs. Golam Mahmud and Md. Mohsin, 1999, 18 CLC (HCD)
....tary, Ministry of Law, Justice and Parliamentary Affairs for circulation to the District Judges for guidance of all subordinate courts. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 242.......est with cost. The petitioner is to realise Taka 39,567.05 as due on 31-10-79 and for subsequent period the petitioner is entitled to realise interest at the rate of 5% till the realisation of entire amount. The petitioner is to adjust the amount which has been paid during the pendency of the case. ......e court and the allegations of the petitioner are not correct and annexed along with the said application a copy of the statement of account calculating interest at the rate of 5% and that as soon as money is deposited by the borrower that would be entered into the ledger and on receipt of the order..Category: Criminal Law | Date: | Hits: 73
Janab Ali & others Vs. Arju Miah & Others, 1991, 20 CLC (HCD)
....ithout any order as to costs. The learned Assistant Judge will proceed with the main suit for permanent injunction according to law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 656.......cate, is not sustainable in law. Both the Courts committed an error of law in their decision occasioning failure of justice. The learned Advocate submits that the effect of the granting of injunction amounts to nullifying the result of the proceedings under section 145 Cr.P.C. and this is not allowe......ithout any order as to costs. The learned Assistant Judge will proceed with the main suit for permanent injunction according to law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 656...Category: Property Law | Date: | Hits: 61
Ezahar Ali Mondol and others Vs. Golam Rasul and others, 1991, 20 CLC (HCD)
....ose of the learned Assistant Judge are affirmed. Considering the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 653.......ether the conditions as laid down in the above circular have been fulfilled. It is stated by the learned Advocate for the petitioners that at Gilabari, up to roof, construction has been made and huge amount of money has already been spent. In a matter like this it is difficult to grant injunction in...... permanent office building of the aforesaid union parishad and no community centre. The authority concerned decided to construct office building of the union parishad and community centre and as such money was sanctioned. The plaintiff being Chairman and other members of the union parishad concerned..Category: Civil Law | Date: | Hits: 99
Agrani Bank Vs. Artha Rin Adalat and others, 2003, 32 CLC (HCD)
....our considered view is that the Writ Petition against the impugned order is not maintainable. The writ petition is thus summarily rejected. Ed. This Case is also Reported in: 55 DLR (2003) 389. ......tituted Money Suit No. 2 of 1993 before the Artha Rin Adalat No. 1, Madaripur against the respondents for realisation of Taka 6,66,653. The suit was decreed on contest on 13‑6-93 and the decretal amount stood at 7,48,361.82 with cost. The respondents paid a sum of Taka 1,75,000 and there has bee......our considered view is that the Writ Petition against the impugned order is not maintainable. The writ petition is thus summarily rejected. Ed. This Case is also Reported in: 55 DLR (2003) 389. ..Category: Administrative Law | Date: | Hits: 200
Rezaul Karim (Md.) Vs. State, 2002, 31 CLC (HCD)
....t liberty forthwith if not wanted in connection with another case. Send down the LC record with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 382. ...... entered into an agreement to buy a land measuring 3¼ bighas belonging to Zahru's mother which was possessed by the accused Hares, maternal cousin of Zaru at a price of Taka 42,000. An earnest money amounting to Taka 10,000 was paid and it was stipulated that the sale deed would be registered on th...... Bakar entered into an agreement to buy a land measuring 3¼ bighas belonging to Zahru's mother which was possessed by the accused Hares, maternal cousin of Zaru at a price of Taka 42,000. An earnest money amounting to Taka 10,000 was paid and it was stipulated that the sale deed would be registered..Category: Criminal Law | Date: | Hits: 71
Bangladesh Sugar and Food Industries Corporation Vs. Md. Kashem and others, 2002, 31 CLC (HCD)
....0‑3‑1995 passed by the Subordinate Judge, 3rd Court, Dhaka, in Title Suit No. 144 of 1975 are hereby set aside and the suit be dismissed. Ed. This Case is also Reported in: 55 DLR (2003) 350.......0‑3‑1995 passed by the Subordinate Judge, 3rd Court, Dhaka, in Title Suit No. 144 of 1975 are hereby set aside and the suit be dismissed. Ed. This Case is also Reported in: 55 DLR (2003) 350.......ined: A lease of immovable property is a transfer of a right to enjoy such property, made for a certain time, express or implied, or in perpetuity, in consideration of a price paid or promised, or of money, a share of crops, service or any other thing of value, to be rendered periodically or on spec..Category: Property Law | Date: | Hits: 122
M/S. Rupanti Enterprise Vs. Unilever Bangladesh Limited and others…, 2011, 40 CLC (AD)
....nd respondent No.1 shall file the concise statement within one week thereafter. The appeal is fixed for hearing on October 10, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 551. ......nd respondent No.1 shall file the concise statement within one week thereafter. The appeal is fixed for hearing on October 10, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 551. ......, therefore, legally entitled to manufacture, import, distribute and market Unilever products within the territory of Bangladesh. The petitioner, in course of its business, has invested a huge sum of money in marketing, brand promotion and advertising the above mentioned products. The wide-spread cu..Category: Fiscal/Taxation Law | Date: | Hits: 168
Chairman, National Housing Authority Vs. M/s. MR. Trading Co. and others, 2011, 40 CLC (AD)
....he plaintiff. The appeal is, therefore, allowed without any order as to costs. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: VIII ADC (2011) 544. ......ey of Tk. 2,80,000,00/-. As per tender document, ext-ka, in paragraph 9, it is a condition precedent that the contractor was required to deposit 10% performance guarantee of the accepted contract amount in the form of bank guarantee valid for a periods of 30 days beyond the date fixed for the ......ordingly the appellants gave the work orders on 18th December, 2002. After executing works for only 30 days, the plaintiffs again stopped the works. The plaintiff had already withdrawn the excess money along with the security money in collusion of the officers. The suit is, therefore, not mainta..Category: Civil Law | Date: | Hits: 73
AKM Mukhlesur Rahman Vs. State, 1991, 20 CLC (HCD)
....place and the appellant wanted that the money be paid by two instalments and the first one should be paid on 8.3.89 by 4‑00/5‑00 PM of that date. This exhibit is the first recorded version of the whole case. In this application the complainant P.W.2 has not stated where she was for the first tim......five hundred taka currency notes and accordingly this Rezia Khatun brought two five hundred taka currency notes and the District Anti‑Corruption Officer thereafter prepared an inventory of the said amount in presence of witnesses which was also shown to the witnesses who came subsequently and the ...... transferred to a nearby place. After some higgling it was decided that she would pay Tk. 1000.00 as first instalment and the balance is to be paid in a day or two. This appellant told her to pay the money by 4/4‑30 PM of 8.3.89. P.W.2. further deposed that she decided to bring the matter to the n..Category: Criminal Law | Date: | Hits: 90
Elas Bepari @ Akhas Vs. The State, 2011, 40 CLC (AD)
....judgment and order passed by the High Court Division calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 535.......judgment and order passed by the High Court Division calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 535.......eaded not guilty and claimed to be tried. 3. The prosecution case, as it appears from the evidence of P.W.1, the informant was that on 19.05.1998 when his nephew, Aslam Ali (the deceased) demanded money from accused Altaf Ali Bepari for giving water in his land for irrigation an altercation took ..Category: Criminal Law | Date: | Hits: 52
Md. Yusuf Ali and other Vs. The State, 2011, 40 CLC (AD)
.... petition to interfere with the impugned judgment of the High Court Division. Accordingly, the petition is dismissed. This Case is also Reported in: VIII ADC (2011) 532, 17 MLR (AD) (2012) 153. ......isonment for 3 (three) years and also to pay a fine of Tk. 3,000/-(Taka three thousand), in default to suffer simple imprisonment for 5 (five) months more. It was further ordered that out of the fine amount of Tk. 27,000/- was to be paid to the heirs of the victim in accordance with Muslim Law of in...... petition to interfere with the impugned judgment of the High Court Division. Accordingly, the petition is dismissed. This Case is also Reported in: VIII ADC (2011) 532, 17 MLR (AD) (2012) 153. ..Category: Criminal Law | Date: | Hits: 52
Globe Bruges Ltd. Vs. Arab Bangladesh Bank Ltd. And others, 2011, 40 CLC (AD)
....e appeal on assigning proper reasons. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 483. ......efendant No. 5 to deliver possession but he did not response to the request. The plaintiff thereafter on different occasions informed the defendant Nos.2, 3 and 5 that he was ready to pay the balance amount whenever he would get the vacant possession but could not receive any favourable reply. 4.......e appeal on assigning proper reasons. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 483. ..Category: Civil Law | Date: | Hits: 93
Anti Corruption Commission Vs. M.A.H. Salim and others, 2011, 40 CLC (AD)
....one week of submission of the appellant's of concise statement. The parties are at liberty to mention the matter for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 474. ......ate. Mr. Rafique-ul-Haque, learned Counsel appearing for the caveator, on the other hand, submits that the Anti-Corruption Commission did not dispute the writ petitioner's claim that he kept the said amount in his accounts as security of his clients, who went abroad and in that view of the matter, t......one week of submission of the appellant's of concise statement. The parties are at liberty to mention the matter for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 474. ..Category: Criminal Law | Date: | Hits: 136
Bangladesh Sugar and Food Industries Corporation Vs. Depak Kumar Pal and others, 2011, 40 CLC (AD)
....k. 1,000/- is to be deposited within 1(one) month. The order of status quo granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 508.......de in order to restrain the writ petitioners from Trade Union activities and to deprive them of getting over-time facilities. It is further admitted by BSFIC that by doing so BSFIC saved considerable amount of money. (f) Subsequently, designation of Mr. Anwar Hossain Khan, Mr. Rafiqul Islam and M......r to restrain the writ petitioners from Trade Union activities and to deprive them of getting over-time facilities. It is further admitted by BSFIC that by doing so BSFIC saved considerable amount of money. (f) Subsequently, designation of Mr. Anwar Hossain Khan, Mr. Rafiqul Islam and Mr. Mohsin ..Category: Employment/Service Law | Date: | Hits: 85
Tuglak Khan Vs. Md. Sultan Nasiruddin, 1991, 20 CLC (HCD)
....ces of the case, the parties are directed to bear their respective costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 615. ......s far back as in 1931. The plaintiff peacefully possessed the land attracted in the deed of Hiba‑Bil‑Ewaz executed by his father and while in such possession he felt the necessity of procuring an amount of Tk. 25000.00 in November, 1983, in order to pay the money to his son‑in‑law Golap Miah......land attracted in the deed of Hiba‑Bil‑Ewaz executed by his father and while in such possession he felt the necessity of procuring an amount of Tk. 25000.00 in November, 1983, in order to pay the money to his son‑in‑law Golap Miah who had been recently married to his daughter and having no s..Category: Property Law | Date: | Hits: 87
....spondents to restore possession of the disputed house to them.
The Rule is, accordingly, discharged without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 601.
......spondents to restore possession of the disputed house to them.
The Rule is, accordingly, discharged without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 601.
......iving an advance of Taka 6000.00 executed a deed of agreement on 12.10.70 in favour of the petitioner No.1 stipulating to execute and register the sale deed on receipt of the balance of consideration money. Md. Moinuddin also delivered possession of the disputed house to the petitioner No.1 in part ..
Category: Property Law | Date: | Hits: 89
Aftabur Rahman Vs. State, 1993, 22 CLC (HCD)
....er he has or has not jurisdiction to try the case, from time to time authorise the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole. If he has not jurisdiction to try the case or (send) it for trial and considers further deten......stations where the accused, admittedly, have no means to have recourse to a lawyer or their relatives, the whole significance of section 167 of the Criminal Procedure Code would disappear and it will amount to a farcical performance of imperative legal requirements concerning the liberty of the citi......asons aforesaid the Rule is made absolute and the order dated 22.6.93 and subsequent orders including the impugned order are set aside. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 593...Category: Criminal Law | Date: | Hits: 87
Eurco Explorer Co. Ltd. Athens Greece and others Vs. Grain Bank Ltd., 1992, 21 CLC (HCD)
....equent upon the illegal impugned order. In the result, the rule is made absolute. The parties are to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 591. ......29,12,192.59 for alleged loss suffered by them on account of short landing and damage caused to the cargo carried by the petitioner 3, MV Eurco Explorer from the port of Kohsichang to Chittagong. The amount for alleged short landing and damage was payable to the Controller of Movement and Storage, M......equent upon the illegal impugned order. In the result, the rule is made absolute. The parties are to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 591. ..Category: Civil Law | Date: | Hits: 75
Abdul Karim Vs. Shamsul Alam, 1993, 22 CLC (HCD)
..../85/48. 2. Prosecution case, in short, is that the complainant P.W.1 Abdul Karim deals in motor pumps at 98, Nawabpur Road, Dhaka under the name and style of Holly Machinery Store as distributors, whole and retail sellers. Accused Shamsul Alam is an importer of motor pumps having his shop at 28, ......e centre he used to sell his imported motor pumps through the complainant's initial intention of cheating the appellant at the time shop by delivering the same in Dhaka and there was of receiving the amounts of money from him though no agreement to deliver any motor pump to the complainant in Chitta...... used to sell his imported motor pumps through the complainant's initial intention of cheating the appellant at the time shop by delivering the same in Dhaka and there was of receiving the amounts of money from him though no agreement to deliver any motor pump to the complainant in Chittagong. Due t..Category: Criminal Law | Date: | Hits: 69
Mobarak Ali Gazi (Md.) Vs. State, 2003, 32 CLC (HCD)
....m in this case. Accordingly, the convict petitioner is discharged from his bail bond. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 55 DLR (2003) 325.......m in this case. Accordingly, the convict petitioner is discharged from his bail bond. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 55 DLR (2003) 325.......e chamber of the Head Mistress. In the meantime on 20‑10‑1996 the Head Mistress along with some teachers held a meeting in her chamber when this convict petitioner admitted that he has stolen the money and he will refund the same. But the money was not refunded and the police submitted charge sh..Category: Criminal Law | Date: | Hits: 62
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