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Munsur Fakir and others Vs. State, 2003, 32 CLC (HCD)
....appellant Mansur Fakir be set at liberty forthwith if he is not wanted in connection with any other case. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 307. ......ne sharp cut injury on the back of the lower part of the thigh 3" x1" muscle deep. 20. On opening the chest, he found the left lung perforated, the heart penetrated, the right lung congested. Huge amount of clotted blood into the chest cavity due to perforation and penetration of the heart and lu......appellant Mansur Fakir be set at liberty forthwith if he is not wanted in connection with any other case. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 307. ..Category: Criminal Law | Date: | Hits: 60
Sarwari Begum Vs. Bangladesh, 1993, 22 CLC (HCD)
....tioner within 3 months from this date. Considering the nature of the case the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 571. ......ationalised or requisitioned save by authority of law. (2) A law made under clause (1) shall provided for the acquisition, nationalisation or requisition with compensation and shall either fix the amount of compensation or specify the principles on which, and the manner in which, the compensation......tioner within 3 months from this date. Considering the nature of the case the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 571. ..Category: Property Law | Date: | Hits: 75
Hosne Ara Begum Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (HCD)
....laintiff. Considering the facts and circumstances of the case, we pass no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 554. ...... It is the case of the plaintiff that she got a decree on 7.3.77 and filed that present suit on 6.3.85. So, at the rate of Tk. 20,000.00 per month she is claiming the compensation in the form of rent amounting to Tk. 21,60,000.00. In paragraph 16 of plaint it is asserted that for 65 rooms in the two......t it was not required for it to consider the question of title, since the Matter went up to the highest Court of the country which settled it once and for all. 3. This is a suit for realisation of money on account of damages, compensation and mesne profits. In paragraph 16 of the plaint it is ass..Category: Property Law | Date: | Hits: 75
Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others, 2010, 39 CLC (AD)
.... other appeal being Civil Appeal No.59 of 2006 is disposed of with the above observations. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 273, 8 LG (AD) (2011) 177, VIII ADC (2011) 652. ...... of respondent No.5. Award under section 7 for payment of compensation to the petitioners was made by the Deputy Commissioner on 8th April, 1991 and thereafter the requiring body deposited the entire amount of award on 23rd December, 1991. So it is seen that compensation that to be 'paid' to the pet......acquisition proceedings would abate under section 12 of the Acquisition and Requisition of Immovable Property Ordinances, 1982 (the Ordinance) if the requiring body failed to deposit the compensation money within the stipulated period of one year from the date of decision of the acquiring authority,..Category: Property Law | Date: | Hits: 93
Md. Nurul Hoque Sarkar @ Nurul Huq Vs. State and others, 2009, 38 CLC (AD)
.... law and we find no illegality in the judgment and order passed by the High Court Division and accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 430. ...... law and we find no illegality in the judgment and order passed by the High Court Division and accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 430. ......including the petitioners. According to the said petition of complaint the complainant is a bank with branches situated in different countries providing various financial services including lending money. On the other had accused Nos. 1 to 7 (of the complaint) are owners of their respective busi..Category: Criminal Law | Date: | Hits: 85
Momtaz Begum Vs. Md. Anwar Hossain, 2007, 36 CLC (AD)
....above, we find no substances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 427 ......above, we find no substances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 427 ......f the accused-petitioner in local Bank; that the accused-petitioner maintained relationship with the Captain of Pakistan Army and look a meaningful financial benefit; that the accused-petitioner took money and ornaments from two previous marriage at Bhandaria and Moralganj; that it was not possibl..Category: Criminal Law | Date: | Hits: 165
Md. Nurul Absar Vs. State, 2008, 37 CLC (AD)
....gs and submissions of learned Advocate for the appellant, we find no substance in this appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 423. ......of rigorous imprisonment for six months. 3. The facts, in short, are that the appellant was a Chairman of Cox's Bazar Pourashava and in such capacity he received a cheque dated 20.10.1984 for an amount of Tk.10 lac donated by the then President of Bangladesh for development works of the Pourash......count from the fund of the Pourashava and that through different cheques the appellant during the period from 04.12.1984 to 08.02.1986 withdrew a total sum of Tk. 10,99,700/- and without spending the money for the development of the Pourashava he misappropriated the amount. On the aforesaid allegati..Category: Criminal Law | Date: | Hits: 89
Sreemoti Shipra Shaha Vs. Judge, Artha Rin Adalat No.3, Dhaka and others, 2009, 38 CLC (AD)
....the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)149.......5 passed by the Judge of Artha Rin Adalat No.3, Dhaka in Artha Rin Case No.39 of 2003 rejecting an application under Section 47/49/57 of the Artha Rin Adalat Ain, 2003 for acceptance of the principal amount of TK.3.00 lac and for redemption of the scheduled property subject to payment of interest of......the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)149...Category: Civil Law | Date: | Hits: 94
Sheikh Hassan Vs. Mst. Shiriya Begum and another, 2009, 38 CLC (AD)
....cord arrived at a correct decision and accordingly there is no cogent reason to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 146....... and that he having taken loan from the plaintiff had to execute a bainapatra on 8.1.1992 in respect of .26 acre of land including the suit land as security for the loan and then he returned the loan amount of Tk. 40,000.00 along with interest to her and then she returned the property to him by exec....... 2. The respondent, as plaintiff, filed the above suit praying for specific performance of contract on the averments that defendant No.1/petitioner, on accepting Tk.21, 000.00 from her as earnest money, agreed to sell the suit land to her at a price of Tk.35, 000.00 and the defendant No.1 also e..Category: Property Law | Date: | Hits: 54
Sonali Bank Ltd. Vs. Md. Nur Habib Bappi and others, 2009, 38 CLC (AD)
....ecord made the Rule absolute and there is no cogent reason to call for any interference by this Division. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)121. ......recovery of its due and after obtaining decree for Tk. 1,72,90,708/- Sonali Bank started Execution Case No.103 of 1994 against Zaman Textile Mill, the judgment debtor, for realisation of the decretal amount and then in the said execution case several auction notices were published for selling the pr......rt, by order dated 8.2.2007, rejected the said application and accepted the offer of the respondent No.1 as the highest bidder and directed the respondent No.1 to deposit the remaining 75% of the bid money by 18.2.2007 and the respondent No.1 duly deposited the same. Being aggrieved the respondent N..Category: Civil Law | Date: | Hits: 89
National Bank Limited Vs. New Sonali Garments (Private) Ltd. & Others, 1993, 22 CLC (HCD)
....urn the memorandum of cross‑objections to defendant Nos. 5 and 9. The office is directed to make the appeal ready expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 547. ......Division against the decree of an Artha Rin Adalat within 30 days by the aggrieved party. And where the aggrieved party is the defendant he can prefer an appeal only on depositing 50% of the decretal amount in the trial Court. Further, it is provided in section 7 that no appeal shall lie against an ......urn the memorandum of cross‑objections to defendant Nos. 5 and 9. The office is directed to make the appeal ready expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 547. ..Category: Civil Law | Date: | Hits: 96
....ted earlier by this Court stands vacated.
Send down the lower Court records and a copy of the judgment and order to the Court concerned.
Ed.
This Case is also Reported in: 16 BLC (2011) 909. ......16.578 metric tons were short-landed against the manifested quantity received by the carrier and for the said shortage, the defendants are liable to compensate towards C & F costs of the shortage amounting to Taka 1,52,123.50 along with other incidental costs as given in the schedule of claim, w......ted earlier by this Court stands vacated.
Send down the lower Court records and a copy of the judgment and order to the Court concerned.
Ed.
This Case is also Reported in: 16 BLC (2011) 909. ..
Category: Admiralty Law or Maritime Law | Date: | Hits: 307
Abdul Majid Vs. Local Government and Co-operative Ministry & 4 others, 2009, 38 CLC (HCD)
.... with law. Within 15 days from the date of receipt of a copy of this judgment at their end. However, there shall be no order as to cost. Ed. This Case is also Reported in: 16 BLC (2011) 905. ...... with law. Within 15 days from the date of receipt of a copy of this judgment at their end. However, there shall be no order as to cost. Ed. This Case is also Reported in: 16 BLC (2011) 905. ......tmental proceeding and the reply made by the petitioner in respect of his first and second show cause notice, strenuously argues that the petitioner is a corrupt person and lie has misappropriate the money of the Academy while he was Class III employee of the Academy discharging his duty as Cafeteri..Category: Employment/Service Law | Date: | Hits: 64
....against the petitioner and others for realization of outstanding dues amount of Tk. 10,35,55,939/- on the averments the he, as the proprietor of M/S. Chisty Traders, carries on business of import and wholesale of fertilizers and he through the took defendant loans from Agrani Bank, the respondent No......and 3 to file Artha Rin Suit No.22 of 2007 in the Court of Joint District Judge, 1st Court, Jessore and Artha Rin Adalat, Jessore against the petitioner and others for realization of outstanding dues amount of Tk. 10,35,55,939/- on the averments the he, as the proprietor of M/S. Chisty Traders, carr......ng with the renewal of all of his loan facilities and thereafter on the basis of his letter dated 29.3.2001 praying for renewal of loan facilities along with the interest-free block repayment of loan money by installments, the Committee of Estimates, Secretariat of Bangladesh Parliament, having duly..
Category: Civil Law | Date: | Hits: 77
Sree Chinmoy Chowdhury Vs. Sree Mridul Chowdhury and others, 2009, 38 CLC (AD)
....contested the suit by filing written statement denying all the material allegations stating, inter-alia, that plaintiffs father while was unmarried and was preparing to go to pilgrimage he gifted his whole ancestral properties in favour of defendant No. 11 by registered gift deed No.91 dated 24.12.1...... TK. 1, 00,000.00 out of which the plaintiff was allotted TK.50, 000.00 as half share. The schedule 'Eumo' relates to deposits in Banks in which the learned Advocate Commissioner allotted half of the amount in deposit with the Bank in favour of the plaintiff. The schedule ‘Ta' relates to movable p......acquisition stating that while Hari Mohan and Roy Mohan were living in joint mess Hari Mohan as elder brother was 'Karta' of the joint family and Roy Mohan went to Burma in 1946-47 from where he sent money and contributed to expand joint family properties and also alleged that properties held in the..Category: Property Law | Date: | Hits: 93
MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
....or or defect in the decisions on merit. Thus, the appeals having no merit, its fail. In the result, all these appeals are dismissed. Ed. This Case is also Reported in: 16 BLC (2011) 830. ...... sale of the scheduled property for a total consideration of Tk. 1,65,00,000 and a deed of agreement for sale was signed and executed on 29-12-2002 by principal defendant No.1 upon receipt of advance amount of Tk.35,00,000 in cash, handed over all in original documents to the plaintiff in presence o......ng from physical and mental difficulties he could not take appropriate steps for registration of the sale deed and requested plaintiff No.1 for further payment of Tk.5,00,000 towards consideration, money on assurance that he will take appropriate steps immediately for executing and registering sal..Category: Property Law | Date: | Hits: 100
State Vs. Shahin and others, 2010, 39 CLC (HCD)
....er examination of all the evidence the Court is of opinion that there is a reasonable possibility that the defence put forward by the accused might be true, it is clear that such a view reacts on the whole prosecution case. In these circumstances, the accused is entitled to benefit of doubt." 6......entence. Accused Shahin will get the benefit of section 35A of the Code of Criminal Procedure. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (2011) 772. ...... were his friends. At about 2(two) months back from the date of occurrence condemned-prisoner Shahin took Taka 2,00,000 from the father of Biplob in order to send him abroad. After receiving the said money condemned-prisoner Shahin became reluctant to send Biplob abroad. The P.W.1, asked Shahin abou..Category: Criminal Law | Date: | Hits: 76
Shah Alam and others Vs. Masuma Khatoon and others, 1993, 22 CLC (HCD)
....o merit in this appeal. In the result, the appeal is dismissed with cost and the judgment and decree of the court below is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 541.......a Begum and others Vs. Rousan Ara Begum and others reported in 39 DLR (AD) 22 and contended that even if the plaintiffs are found to have been in sole possession of the suit plot No.313 that will not amount to ouster of the co‑sharer defendants however long their possession might be and title of t......o merit in this appeal. In the result, the appeal is dismissed with cost and the judgment and decree of the court below is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 541...Category: Property Law | Date: | Hits: 55
Most. Shamsunnahar and Others Vs. Abdul Mannan and Others, 2010, 39 CLC (AD)
....ind no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 198, 16 MLR (AD) (2011) 374. ...... collusion must also give particulars thereof in the pleading. So also in regard to breach of trust, undue influence or misrepresentation. General allegations however strong, are insufficient even to amount to an averment of fraud of which any Court will take notice. When a plaintiff is taking a ple......ind no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 198, 16 MLR (AD) (2011) 374. ..Category: Property Law | Date: | Hits: 49
Lt. Col. M. A. Mannan (Retd.) Vs. Social Investment Bank Ltd. and Others, 2010, 39 CLC (AD)
....ording to the intention expressed in the Acts themselves. In construing Acts of Parliament we are to look not only at the language of the preamble or of any particular clause, but the language of the whole Act. In the Ain, a settlement can be effected at three stages of proceedings; firstly, at the ...... sale on successive three dates on 12th March, 30th March and 14th June, 2003, the decree holder came up with a application that it had amicably settled the dispute regarding payment of the decreetal amount with the judgment debtor and prayed for staying further proceedings of the executing case and......e amount deposited by him from the date of deposit within fifteen from the date of receipt of the judgment. We direct the Artha Rin Adalat or the decree holder, as the case may be, to return back the money to the auction purchaser with interest, after realising if from the judgment-debtor within fif..Category: Civil Law | Date: | Hits: 90
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