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State Vs. Nurul Hoque and another, 1992, 21 CLC (HCD)
.... fact that this victim woman was last seen alive in the company of her son Nurul Hoque who thus had a duty to explain how she met her death. 31. It is also established on evidence, considering the whole matter in the light of the attending facts and circumstances of the case, that accused Nurul H......sha had complicity in the murder. The prosecution had given a go by to this willingly. We would not like to send the case on remand for the boy to be cross‑examined after being summoned as that may amount to filling up the lacuna of the prosecution case, illegally. 41. As to this negligence how......on‑in‑law used to visit his house after marriage. Nurul Hoque took his daughter to his house one year after his marriage after he gave Nurul Hoque Taka 1,000/‑. His son‑in‑law demanded more money as loan which he refused. He however stated immediately before Nurul Hoque took his daughter N..Category: Criminal Law | Date: | Hits: 76
....ent dated 19.9.88 of the Settlement Court Case No. 422 of 1987.
On the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 301.
......ossession. Thereafter the petitioner deposited Tk. 34,242.25 by treasury chalan and an agreement for sale (Annexure‑C) was executed on 5.1.86 in which it was provided that he was to pay the balance amount within 5 (five) years by 5(five) instalments and, inter alia, provided Condition No.12 which ......ent dated 19.9.88 of the Settlement Court Case No. 422 of 1987.
On the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 301.
..
Category: Property Law | Date: | Hits: 86
Buddhi Sankar Biswas Vs. Akbar Ali Sheikh, 1991, 20 CLC (HCD)
....de of Civil Procedure for rehearing of the Civil Revision Case No.1181 of 1980 is hereby rejected without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 242. ......eferred to by Mr. Foez Siddique, reported in PLD 1974 Karachi 339, it is held that: "Therefore, the invoking of inherent power could be futile and in the circumstances, as Byers, J. held, it would amount to assuming jurisdiction in the absence of specific provision. It is not correct to say as wa......de of Civil Procedure for rehearing of the Civil Revision Case No.1181 of 1980 is hereby rejected without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 242. ..Category: Property Law | Date: | Hits: 90
Tofail Ahmed Vs. Chairman, Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....t in the parent legislation, that is to say, in the দুর্নীতি দমন কমিশন আইন, ২০০৪, there is no non-obstante clause making the same an over-riding one as a whole, though some of the provisions have been made over-riding. For example, section 20(1) of the ......copy of this judgment be immediately transmitted to the respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 33; 15 MLR (HCD) (2010) 177. ...... 1996 BLD (AD) 220 = 2 BLC (AD) 78 referred to by Mr. Md. Khurshid Alam Khan, we hold that although permission was accorded to deposit the connected record in respect of the defalcation of Government money to the tune of Taka 30 crore by several importers in collusion with some bank officials in vie..Category: Anti-Corruption Laws | Date: | Hits: 200
Bangladesh Road Transport Corporation Vs. Ashraf Jute Mills Ltd., 1991, 20 CLC (HCD)
....after, the Official Liquidator shall as meet up the claims of the creditors in accordance with law with the permission of this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 282. ......resent Mill will be at Tk. 200 crores. The Ex‑Managing Director has also given a chart vide Annexure‑3 showing approximate value of all the assets and properties of the Company‑in‑liquidation amounting to Tk. 198,31,08,116.00. Annexure‑3 of Affidavit of statements as to assets and liabilit......secured creditors can realise its debts by adopting other means during pendency of a winding up proceeding if there are no allegations of mala fide, recklessness or fraud against the receiver of sale money. In the present case the allegations of lack of bona fide, recklessness and fraud are apparent..Category: Company Law | Date: | Hits: 193
Tofazzal Hossain Chowdhury Vs. Mir Amanullah & others, 1992, 21 CLC (HCD)
....ordance with law. Let a copy of the judgment and order be transmitted to the Court below immediately. The order of stay stands vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 263....... prosecution report Annexure‑C are accepted entirely as true, yet those do not constitute any offence under section 427 of the Penal Code and as such the continuation of the proceeding of this case amounts to an abuse of the process of the Court and the same therefore should be quashed. His next s......ordance with law. Let a copy of the judgment and order be transmitted to the Court below immediately. The order of stay stands vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 263...Category: Criminal Law | Date: | Hits: 88
Salma Parveen Vs. Md. Amir Hossain and others, 2009, 38 CLC (AD)
....tance in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 293. ......ance of another sum of TK. 2,00,000.00 to facilitate purchasing of a flat by the defendant from Creative Properties Limited of 33, Mirpur Road, Dhaka and the plaintiff did not pay the said additional amount of earnest money which foiled the first object of the defendant for selling her property; t......in short, are that the there was an agreement between him and the defendant for transfer of defendant's property for TK. 14,00,000.00 out of which the defendant received TK. 5, 00,000.00 as earnest money on condition that the defendant would execute and register the sale deed within six months o..Category: Property Law | Date: | Hits: 112
....ivision, we do not find any merit in the appeals of the appellant and accordingly the appeal is dismissed without any order as to cost.
Ed.
This Case is also Reported in: VIII ADC (2011) 240.
......0,00,000.00 shares from the appellant for a price of TK. 10,000,000.00. On the same date, the parties entered into a buy-back agreement whereby it was agreed that the respondent would sell the entire amount of the shares to the sponsors of the appellant at a profit of 20% after the year. Between 10t......h Clause 13 of the share purchase agreement.
5. Mr. Ajmalul Hussain. Q.C, learned Counsel, for the respondents submitted that the case of IPDC in the Artha Rin Suit is a simple case of recovery of money owed by the appellants and the other Directors to IPDC under Clause 4 of the Buy-Back Agreemen..
Category: Civil Law | Date: | Hits: 78
Badsha (Md.) Miah and others Vs. Soleman Nessa Bibi and others, 1988, 17 CLC (HCD)
.... and he seeks 2(two) months' time for the purpose. The prayer is allowed. Let the operation of this judgment be stayed for 2 (two) months. Ed. This Case is also Reported in: 43 DLR (1991) 646....... quantity of agricultural land in his khas possession which exceeds, in the aggregate, ten standard bighas; and whenever the total quantity of such land transferred by such person after the said date amounts to ten standard bighas, he shall be debarred from transferring any more such land." 15. I...... and he seeks 2(two) months' time for the purpose. The prayer is allowed. Let the operation of this judgment be stayed for 2 (two) months. Ed. This Case is also Reported in: 43 DLR (1991) 646...Category: Property Law | Date: | Hits: 70
Refazuddin Mondal Vs. Abdul Razzaque @ Rezaul Karim & others, 1989, 18 CLC (HCD)
.... for any interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 43 DLR (1991) 644....... for any interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 43 DLR (1991) 644.......eging, inter alia, that he was a co‑sharer by purchase in the disputed holding and is accordingly entitled to get the land in dispute by way of pre‑emption. Thereafter, he deposited consideration money together with compensation. 3. The learned Subordinate Judge on consideration of the materi..Category: Property Law | Date: | Hits: 68
Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)
....f course the other conditions are satisfied. In Ext. 1 it has been mentioned" to construct a building on my plot of land." Mr. Khandker has rightly contended that the document is to be construed as a whole and reading Ext. 1 along with bye‑laws it would be apparent that by no stretch of imaginatio...... end of 1972, that he completed the construction of the ground floor by the end of 1973, by taking further loan from Agrani Bank and Janata Bank and also with his own income, that he invested a total amount of Tk. 1,61,000.00 for the construction of the ground‑floor of the building, that in order ......f the second‑ii0or of the building from October, 1978 and completed about 50% of the second floor in July, 1980 by taking a loan of Tk. 1,70,800.00 from Bangladesh Shilpa Bank and also with his own money, that he spent in all Tk. 2,56,000.00 for the construction of the second‑floor of the buildi..Category: Property Law | Date: | Hits: 110
Haji Md. Ishaque and others Vs. Rupali Bank, 1990, 19 CLC (HCD)
....uit and the Court below rightly rejected the plaint. In the result the appeal is dismissed with costs to the defendant respondent No. 1. Ed. This Case is also Reported in: 43 DLR (1991) 621. ......e decree on 16.1.86 in Mortgage Suit No. 32 of 1974 without serving notice upon the defendants of that suit; that the plaintiffs were not impleaded as defendants in that Quit; that the entire claimed amount in the suit was repaid and the same was suppressed from the Court and a fraudulent ex parte d......uit and the Court below rightly rejected the plaint. In the result the appeal is dismissed with costs to the defendant respondent No. 1. Ed. This Case is also Reported in: 43 DLR (1991) 621. ..Category: Procedural Law | Date: | Hits: 67
....nished there is no merit in these two revisional applications.
In the result, these Rules are discharged without any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 617.
......nst the aforesaid order of attachment of the ship in question. After filing the said Miscellaneous Cases the petitioner of the respective Miscellaneous Case submitted a bank guarantee for the claimed amount in the suit and the Court below accepted the same by order dated 16.7.81 and released the shi......nished there is no merit in these two revisional applications.
In the result, these Rules are discharged without any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 617.
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Category: Admiralty Law or Maritime Law | Date: | Hits: 186
....s made in filing the statutory report or in holding the statutory meetings;
(iii) if the company does not commence its business within a year from its incorporation, or suspends its business for a whole year;
(iv) if the number of members is reduced, in the case of a private company, below two......tice the respondent made a part payment of arrear rent in three instalments. Again the petitioners issued a legal notice through registered post dated 23.5.88 for payment of arrear rent for 13 months amounting to Tk. 5,64,000.00 as rent from May, 1978 to May, 1988. It is also stated that on his fail......ain a stay order from the Appellate Court. The prayer is allowed and this judgment will come into operation just after two weeks from date.
Ed.
This Case is also Reported in: 43 DLR (1991) 603.
..
Category: Company Law | Date: | Hits: 190
Abdur Rahman Vs. Shahanara Begum, 1990, 19 CLC (HCD)
....rnments as the Ordinance provides for speedy and summary disposal of the cases dispensing with the provisions of the Code of Civil Procedure. Ed. This Case is also Reported in: 43 DLR (1991) 599.......of 1985 the opposite party Shahanara Begum filed on 27.1.1986 Money Suit No. 1 (FC) of 1986 in the 2nd Court of Munsif and Family Court, PS Double Moorings, Chittagong for recovery of the self‑same amount of Tk. 3,09,667.00. In that suit the defendant‑petitioner filed an application under sectio......rnments as the Ordinance provides for speedy and summary disposal of the cases dispensing with the provisions of the Code of Civil Procedure. Ed. This Case is also Reported in: 43 DLR (1991) 599...Category: Civil Law | Date: | Hits: 106
Abul (Md.) Kashem & others Vs. Ashrafuzzaman, 1990, 19 CLC (HCD)
....of the case within three months of the receipt of the copy of this judgment. Let a copy of this order be transmitted to the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 596. ......the plaintiff’s suit being a suit for declaratory decree and consequential relief the same was to be valued under section 7(iv)(c) of the Court Fees Act and the suit is to be valued accor6ng to the amount at which the relief sought and valued in the plaint. The plaintiff has rightly valued to suit......of the case within three months of the receipt of the copy of this judgment. Let a copy of this order be transmitted to the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 596. ..Category: Civil Law | Date: | Hits: 94
Afsar Ali Chowdhury and others Vs. The People's Republic of Bangladesh, 1990, 19 CLC (HCD)
.... with approval. We find no substance in this application which is thus, rejected summarily. The stay granted earlier is here by vacated. Ed. This Case is also Reported in: 43 DLR (1991) 593. ......ociety was supplying food stuff at control rate. The Government advanced a sum of Rs. 3000.00 for the purpose of increasing the stock position of the Society. The Society undertook to refund the said amount on ‑demand but they failed to repay after repeated demands and the Government filed the sui......ation under Order 7 rule 11 was rejected by the Court on a misconception of law and therefore, the said need be set aside. In elaborating this point the learned Advocate submitted that the suit being money suit arising out of a contract, Article 149 of the Limitation Act is not applicable and as suc..Category: Civil Law | Date: | Hits: 87
Khelu Mia and others Vs. State, 1990, 19 CLC (HCD)
....thers Vs. The State, reported in 1962 PLD (Dacca) 205, it has been observed by his Lordship SM Murshed, J presiding over a Division Bench that: "The result, therefore, is that having regard to the wholesale omission to state before the investigation officer the most vital points of the evidence g......ction 460 relates to lurking house‑trespass or house‑breaking by night, the maximum sentence provided for under this section is like imprisonment, whereas section 302 relates to culpable homicide amounting to murder and the maximum sentence provided for the offence is death that means a capital ......the appellants are innocent and they have been falsely implicated in this case. Further case of the defence is, that the appellants had no enmity with the deceased Nur Mia who used to carry on logni (money lending) business and who had enmity with other person connected with that business; of course..Category: Criminal Law | Date: | Hits: 82
Bangladesh Vs. Dewan Obaidur Reza Chowdhury and Others, 1990, 19 CLC (HCD)
....when the Gazettee Notification in this connection has not been filed by the contesting defendant. The teamed Advocate for the appellant) on the other hand submits that by a Gazettee Notification, the wholesale acquisition of the interest of all the rent receivers was made and the rent‑receivers we......t the plaintiff has tenancy right in the suit‑land. The above fact by itself does not exonerate the plaintiff from proving his case. "The plaintiff in order to succeed must prove, beyond reasonable amount of doubt his title ill the suit land." 10. But with regard to this, the lower appellate Co......are upheld. In the facts and circumstances of the case, there will be no order as to costs. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 43 DLR (1991) 551. ..Category: Property Law | Date: | Hits: 101
Sadharan Bima Corporation Vs. Bangladesh Shipping Corporation & others, 1990, 19 CLC (HCD)
....interests of the parties in any manner whatsoever and the Court will be at liberty to decide the matter independently in accordance with law. Ed. This Case is also Reported in: 43 DLR (1991) 548....... read with section 151 of the Code of Civil Procedure for return of the plaint to the plaintiff. 2. The plaintiff instituted the present suit on 24.11.85 claiming a decree for compensation for an amount of Tk. 51,728.20 against the defendant No. 1, namely, The Bangladesh Shipping Corporation. Sa......Admiralty Court Act. 10. Mr. Manjur‑ur‑Rahim submits that the plaintiff may be treated as consignee of the proforma‑defendant No. 3, the importer, because the plaintiff paid the compensation money to the defendant No. 3 and for that money the plaintiff has now filed the present suit. It is ..Category: Admiralty Law or Maritime Law | Date: | Hits: 195
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