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Hosne Ara Begum Vs. Alhaj Md. Rezaul Karim and others, 1990, 19 CLC (HCD)
....e Court of appeal under section 17 of the said Ordinance, 1985, but nevertheless remaining a Court subordinate to the High Court Division. Ed. This Case is also Reported in: 43 DLR (1991) 543. ...... the Dissolution of Muslim Marriage Act, 1939. Under the said provision, amongst others, physical assault and making the life of the wife miserable by cruelty of conduct even if such conduct does not amount to physical ill‑treatment are cruelty. The trial Court found on consideration of evidence o......e Court of appeal under section 17 of the said Ordinance, 1985, but nevertheless remaining a Court subordinate to the High Court Division. Ed. This Case is also Reported in: 43 DLR (1991) 543. ..Category: Family Law | Date: | Hits: 210
Rabindra Narayan Gope Vs. Nani Gopal Gope and other, 1990, 19 CLC (HCD)
....) Where a decree has been passed jointly in favour of more persons than one, any one or more of such person may unless the decree imposes any condition to the contrary, apply for the execution of the whole decree for the benefit of them all, or, where any of them has died, for the benefit of the sur......s on receipt of Tk. 8, 275.00 within 60 days. The petitioner deposited the money on May 15, 1981 on behalf of the decree‑holders. The decree holders‑opposite parties also by depositing the said amount on July 17, 1981 started Execution Case No. 14 of 1981 on behalf of all the joint decree hold......suit was decreed ex parte and the defendant was directed to execute. and register the deed of sale in favour of the plaintiffs on receipt of Tk. 8, 275.00 within 60 days. The petitioner deposited the money on May 15, 1981 on behalf of the decree‑holders. The decree holders‑opposite parties als..Category: Procedural Law | Date: | Hits: 81
Bangladesh Vs. Unimarine SA Panama and other, 1977, 6 CLC (HCD)
....the Court is satisfied, by affidavit or otherwise, that the defendant, with intent to obstruct or delay the execution of any decree that may be passed against him,- (a) is about to dispose of the whole or any part of his property, or (b) is about to remove the whole or any part of his proper......R 112. Their Lordships held at page 115 thus: "The Court hat inherent jurisdiction to preserve the property of the Judgment-debtor in order that it may be available for realization of the decretal amount. The principle has been recognized in Order XXXVIII, rule 5 of the Civil Procedure Code which...... Government is from the judgment and order dated 16.5.77 passed by the learned Subordinate Judge of the 3rd Court, Chittagong, in Money Suit No. 42 of 1977. 2. The Government, a plaintiff, filed a money suit against the defendants, for recovery of Tk. 1,01,47,500.00 for damage caused to 5109 metr..Category: Admiralty Law or Maritime Law | Date: | Hits: 240
Ahmed Kabir Vs. Haji Mazahar Ahmed and others, 1990, 19 CLC (HCD)
....ion of the suit after giving sufficient opportunity to both the parties. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 500. ......ion of the suit after giving sufficient opportunity to both the parties. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 500. ...... of the valuation put by the plaintiffs on the plaint provisionally. 4. The learned Advocate for the petitioner submits that the plaintiff having had disclosed in the plaint a higher consideration money for the land transferred under those kabalas than the valuation put on the plaint by the plain..Category: Procedural Law | Date: | Hits: 83
Delta Jute Mills Limited and another Vs. Sonali Bank and others, 1990, 19 CLC (HCD)
....hout lawful authority and is of no legal effect. Considering the facts of the case, we, however, award cost against Respondent No. 2 only. Ed. This Case is also Reported in: 43 DLR (1991) 483. ...... building and machineries of the mills would be mortgaged with the IDBP instead of rupee debenture. Accordingly, the petitioner company entered into two credit agreements with the IDBP on 20.7.70 for amounts of Tk. 93,78,506,82 and Tk. 6,21,493.18 repayable in 25 equal half‑yearly instalments. As ......sh credit facility from respondent No. 1 without any complaint from their side. Respondent No. 2 prevailed upon respondent No. 4 to direct respondent No. 3 to compel the petitioner company to pay the money demanded by Respondent No. 2. Pursuant thereto respondent No. 3 issued Memo No. BCD(Fl) 260/34..Category: Company Law | Date: | Hits: 213
Mir Amir Ali Vs. State, 1991, 20 CLC (HCD)
....uashed. It is hereby directed that the accused petitioner be discharged from his bail bond. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 250. ......he Upazila Accounts Officer through Sonali Bank. Accounts Officer sent the bill to Sonali Bank after duly passing the same. Other bills were pending for payment. Some of the teachers submitted a bill amounting to Tk. 3000.00 each. 3. The Bureau of District Anti‑Corruption on investigation submi...... level and will be responsible to the Accountant General in carrying out all functions of the Upazila Accounts Officer. 4. It is further stated in the application that the school teachers drew the money as loan against their Provident Fund Account and Upazila Education Officer being their officer..Category: Criminal Law | Date: | Hits: 104
A M A Wajedul Islam Vs. State, 1993, 22 CLC (HCD)
....ion No.329 (R) 1993 is accordingly disposed of and the connected Rule being Criminal Revision No.3521(R)/1991 for bail is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 243. ......on wise of notes and coins in the balance register Ext. 5. Thereafter both the appellants Wajedul and Matlubul used to sign the cash receipt registers and cash balance register. Then the balance cash amount was kept in the iron safes. Then Wajedul and Matlub used to lock the iron safes with their ke......bank. It is also not disputed that the appellant and Matlubul Alam used to open and close the two iron chests of the bank kept inside the vault with their respective key and brought out and kept cash money from and into the said iron safes. It is also not disputed that at the close of the banking tr..Category: Criminal Law | Date: | Hits: 91
Sk. Shahadat Ali and others Vs. Deputy Commissioner, Khulna and others, 1992, 21 CLC (HCD)
....without any order as to costs. It is directed that the petitioners be restored to full physical possession of their land in question. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 237. ......without any order as to costs. It is directed that the petitioners be restored to full physical possession of their land in question. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 237. ......receipts Ext. 1 series right from the year 1961 which have been granted by the Government. All these facts are admitted by the defendants. It is the plaintiffs' case that they applied for sanction of money to repair the huts on the suit land but sanction was not given on the understanding that the h..Category: Property Law | Date: | Hits: 138
Mustafizur Rahman Vs. State and others, 1992, 21 CLC (HCD)
....the petition for bail of the petitioner and we find no reason to grant the prayer for bail. In the result, the Rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 227. ......iates deliberately and with a motive of defrauding the depositors by making false publicity and alluring them of giving higher interest on the deposits fraudulently and dishonestly misappropriated an amount of Tk. 200 crores as banker and committed offence under section 409 of the Penal Code which i......aud is said to have criminally misappropriated about Tk. 200 crores of the depositors who deposited in the BCI Limited in its 24 branches throughout the country and when the depositors demanded their money the accused-petitioner wrote to the Bangladesh Bank a letter dated 23.4.92 for call loan of ..Category: Criminal Law | Date: | Hits: 125
Bangladesh Vs. Md. Ishaque being dead his heirs Lakhaxmi Bibi and others, 1992, 21 CLC (HCD)
....r proceedings of Money Execution case No.24 of 1986 of the 3rd Court of Subordinate judge, Dhaka be stayed till 15th February, 1993. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 223. ......r proceedings of Money Execution case No.24 of 1986 of the 3rd Court of Subordinate judge, Dhaka be stayed till 15th February, 1993. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 223. ......xecuting the award dated 28.5.85. It is further stated by the respondent that appellant Bangladesh appeared in the said execution case on 14.5.87 and prayed for two months' time to deposit the sum of money awarded. 7. Mr. Abdul Rashid Gazi, the learned Advocate for the respondent, submitted that ..Category: Property Law | Date: | Hits: 76
Abdul Matin Sarker Vs. Election Commission and others, 1993, 22 CLC (HCD)
....er as prayed for in Court after being certified by the Registrar of this Court by today as the election is due on 30th of this month. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 220. ......nation paper for election of a Chairman shall be made in Form A and shall be signed by the candidate and seconder. It shall be acknowledged by a Treasury Chalan or bank receipt showing deposit of the amount. Under the said Rules a certificate is to be signed by the candidate that he has consented to......er as prayed for in Court after being certified by the Registrar of this Court by today as the election is due on 30th of this month. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 220. ..Category: Election Law | Date: | Hits: 126
State Vs. Md. Shah Nowroj and others, 2011, 40 CLC (HCD)
.... passed by the Divisional Special Judge, Khulna in Special Case No. 18 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......sed and considered all the evidence and acquitted the respondents. An appeal against acquittal may be entertained when the impugned judgment is perverse, or so unreasonable that its maintenance would amount to miscarriage of justice. Any such appeal can be allowed only in exceptional circumstances, ...... passed by the Divisional Special Judge, Khulna in Special Case No. 18 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 97
State Vs. Sheikh Mujibur Rahman and others, 2011, 40 CLC (HCD)
....3 passed by the Divisional Special Judge, Khulna in Special Case No. 16 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......sed and considered all the evidence and acquitted the respondents. An appeal against acquittal may be entertained when the impugned judgment is perverse, or so unreasonable that its maintenance would amount to miscarriage of justice. Any such appeal can be allowed only in exceptional circumstances, ......3 passed by the Divisional Special Judge, Khulna in Special Case No. 16 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 101
State Vs. Sk. Arif Newaz and others, 2011, 40 CLC (HCD)
....ivisional Special Judge, Khulna in Special Tribunal Case No. 13 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......sed and considered all the evidence and acquitted the respondents. An appeal against acquittal may be entertained when the impugned judgment is perverse, or so unreasonable that its maintenance would amount to miscarriage of justice. Any such appeal can be allowed only in exceptional circumstances, ......ivisional Special Judge, Khulna in Special Tribunal Case No. 13 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 86
Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)
....s concerned in the case. In the result, the rule is discharged. Let this order be communicated to the trial Court for information. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 197. ......r will. In the instant case she is in judicial custody but not against her will but to compel her to go to the custody of the father appears to us to be against her will expressed before us which may amount to mental torture. In the instant case it appears that the girl also has entered into the con......s concerned in the case. In the result, the rule is discharged. Let this order be communicated to the trial Court for information. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 197. ..Category: Criminal Law | Date: | Hits: 80
Rupali Bank Vs. Haji Ahmed Sabur & another, 1990, 19 CLC (HCD)
....from the date of filing the suit on 2.2.84 till realization with cost and the cross‑objection of the plaintiff‑respondent is dismissed. Ed. This Case is also Reported in: 43 DLR (1991) 464. ......ts: 1. (a) Amount deposited in Amir Marked Branch of defendant No. 1 on 4.11.80 and illegally kept in "Sundry Creditors Account"... Tk. 90,687.00 (b) Interest by way of compensation on the said amount of Tk. 90,687.00 at the rate of 15% per annum from 4.11.80 upto 2.2.84 ......... Tk. 43,076.3......intiff as guarantor in the said import of Md. Abul Hussain. The plaintiff is entitled to recover the said amounts with compensation and thus suffered a loss of Tk. 2,64,066.32. The plaintiff demanded money from the defendant bank but they refused to pay the some. Hence the plaintiff filed this suit...Category: Civil Law | Date: | Hits: 83
Tripura Modern Bank Ltd. Vs. Sunil Kumar Rajgharia and others, 1990, 19 CLC (HCD)
....s No. 2 and 3 to the petitioner within two months. The executing Court is directed to proceed with the execution case in accordance with law, Ed. This Case is also Reported in: 43 DLR (1991) 460.......s No. 2 and 3 to the petitioner within two months. The executing Court is directed to proceed with the execution case in accordance with law, Ed. This Case is also Reported in: 43 DLR (1991) 460.......s No. 2 and 3 to the petitioner within two months. The executing Court is directed to proceed with the execution case in accordance with law, Ed. This Case is also Reported in: 43 DLR (1991) 460...Category: Civil Law | Date: | Hits: 103
Tariq Habibullah Vs. State, 1990, 19 CLC (HCD)
....inst him. It is hereby directed that the accused appellant be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 440. ......mination could be dispensed with only when the doctor is reported to be dead or is incapable of giving evidence or is beyond the limits of the country and his attendance cannot be procured without an amount of delay, expense or inconvenience under section 509A of the Code. For bringing the post mort......inst him. It is hereby directed that the accused appellant be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 440. ..Category: Criminal Law | Date: | Hits: 116
Progati Industries Ltd. Vs. Shahida Khatun and others, 1991, 20 CLC (HCD)
....st Court of Subordinate Judge, Dhaka is dismissed. Let a copy of this judgment be forwarded to the Secretary, Ministry of Law and Justice. Ed. This Case is also Reported in: 43 DLR (1991) 429.......age debt of the plaintiff to the PICIC in terms of the compromise decree marked Ext. 3 and the said purchaser company not only paid the dues of the PICIC in terms of the said decree and also paid the amounts due to the deceased plaintiff in terms of the said agreement and referred to the documents m......iable to be dismissed for want of cause of action, that the plaintiff intentionally made false and misstatement regarding the terms of compromise; that the plaintiff did not pay 1st instalment or any money under the decree on 12.3.70 or any other date; that it is not true that the agreement with M/s..Category: Property Law | Date: | Hits: 69
....
Certificate as prayed for by the learned Advocate appearing for the petitioner, under Article 103(2)(a) of the Constitution, is refused.
Ed.
This Case is also Reported in: 43 DLR (1991) 424.
......e the terms of reference of the Wage Board. Furthermore, a provision has been made for payment of gratuity even to the employees who resign after one year's service and for payment of gratuity for an amount equivalent to two moths basic pay on the basis of last pay drawn which is not available to th......
Certificate as prayed for by the learned Advocate appearing for the petitioner, under Article 103(2)(a) of the Constitution, is refused.
Ed.
This Case is also Reported in: 43 DLR (1991) 424.
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Category: Constitutional Law | Date: | Hits: 246
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