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Rajab Ali Zulfiqar Vs. State, 1993, 22 CLC (HCD)
....o surrender to his bail bond and serve out the remaining sentence at once. Let the, records of the, case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 705. ...... Sessions Judge, Kurigram in Special Case No.1 of 1986 convicting the appellant under section 409 of the Penal Code and section 5(2) of Act II of 1947 and sentencing him to suffer simple imprisonment for 1 (one) year and also to pay fine of Tk. 3,800.00, in default, to suffer simple imprisonment f......ire but he could not finish the repair and development work of the said institution. Hence he was asked to finish the work of development within 14.3.83 and to submit account for the said amount of money received by him but he failed to do so. He was then given repeated pressure and reminders to r..Category: Criminal Law | Date: | Hits: 92
Afzal Hossain Vs. Chief Election Commissioner and others, 1992, 21 CLC (HCD)
.... act for the same avowed purpose of free and fair election. We find no illegality in the order and hence the petition is rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 701. ......1 and 2 namely Justice MA Rouf, Chief Election Commissioner and Justice Syed Misbahuddin Hossain, Election Commissioner to include the name of the respondent No.8 allowing him to contest the election for the post of Chairman of No.1 Rajiher Union Parishad, setting aside the order of Thana Nirbahi Of......oan is being given to the candidate for Boro cultivation on 11.1.92 to be repaid on or before 31.7.92 which means within six months from the date of borrowing and from that papers it is seen that the money was in fact paid with interest of Tk. 620.00 in total 6620.00 on 1.9.92 the day the nomination..Category: Election Law | Date: | Hits: 153
Air Marshal Jamaluddin Ahmed (Retd) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....ndent No. 1 vide Memo No. প্রমঃ/আঃ/সাঃবিঃপ্রঃ/০২/ডি৭৪৩০ dated 28‑9‑2002 (Annexure C) finally directed the Air Head Quarters to settle his pension claims on payment of Taka 35,855 in TR Form towards the claims of the Government or after deduction ......f Defence, Government of the People's Republic of Bangladesh and other respondents, to show cause as to why they should not be directed to pay the pension benefits of the petitioner with compensation for the delay. 2. The Case of the Petitioner: It is stated in the petition that the petitioner jo......om the date of receipt of the copy of this judgment and order. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 1. ..Category: Employment/Service Law | Date: | Hits: 148
Ambala Cold Storage (Pvt.) Ltd. Vs. Prime Insurance Co. Ltd., 2001, 30 CLC (HCD)
....Thereafter, when the delivery of potatoes started it was found that due to stoppage of electricity and cessation of Generator 35% of the potatoes kept in the cold storage were damaged and all initial claim was filed with the respondent on 11‑10‑1998 for Taka 80,12,256 only for DoS and Taka 5,00,......41 and 242 of the Companies Act, 1994 has been made by the petitioner Ambala Cold Storage (Pvt.) Ltd. Initially, notice was issued upon the respondent company to show cause as to why this application for winding up of the respondent company should not be admitted for hearing. 2. The case of the p......ed without any order as to costs. The petitioner may, however, make their claim before the competent civil Court in terms of the policy. Ed. This Case is also Reported in: 56 DLR (2004) 422. ..Category: Company Law | Date: | Hits: 168
Commander (Rtd) A A Chowdhury Vs. AKM Imam Hossain and others, 1996, 25 CLC (HCD)
.... any relief which has not been specifically stated in the plaint. For better appreciation Order 7, Rule 7 CPC is quoted below: "Every plaint shall state specifically the relief which the plaintiff claims either simply or in the alternative and it shall not be necessary to ask for general or other......rt, Dhaka in title Appeal No.315 of 1993 affirming the judgment and decree dated 21-8-1993 respectively passed by Assistant Judge, 5th Addl. Court Dhaka in Title Suit No.90 of 1992 decreeing the suit for eviction of the petitioner from the suit property. 2. The facts giving rise to this Rule are,......expiry of original tenancy does not arise. 16. It has been argued on behalf of defendant No.2 that the decree for arrear rent as passed by the Courts below is a decree for an unspecified amount of money and, as such, it is not tenable in law. But it appears from the impugned judgment as passed by..Category: Property Law | Date: | Hits: 65
Mokbul Ahmed Vs. Shamsul Rashid and others, 1996, 25 CLC (HCD)
.... also to that effect as no paper has been exhibited in the case inasmuch as the petitioner who is in possession of the suit property is a person contemplated under section 50 of the Waqf Ordinance to claim that the property is not a Waqf property and, as such, no estoppel is operating against the pe......in order to redeem the mortgage Helimullah proposed to sell the case land at a consideration of Taka 1500.00 and they agreed to purchase the same and in pursuance thereof Taka 500 was paid as advance for redemption of the mortgage and accordingly redeemed the same. Thereafter on receipt of Taka 1000...... remember what the exact quantum is now though he has stated that he is acting as mutwalli of the suit property. He has denied that the suit property was mortgaged and that same was redeemed with the money of the sons of Helimullah to whom the latter subsequently sold the suit property. He also stat..Category: Trust/Waqf Law | Date: | Hits: 165
Syed Khalilulla Salik alias Juned Vs. Haji Md. Rahmat Ullah, 1995, 24 CLC (HCD)
....63 of the Penal Code defines forgery as under: “Whoever makes any false document or part of the document, with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implie......pon the opposite parties to show cause as to why the proceeding of CR Case No.224 of 1988 pending in the Court of Magistrate, 3rd Class, Sadar, and Sylhet should not be quashed. 2. Facts relevant for the purpose of disposal of the Rule are that opposite party No.1 Hazi Md. Rahmat ullah filed a p......ceeding of CR Case No.224 of 1988 pending in the Court of Magistrate, 3rd class, Sadar, Sylhet is quashed. Send back the LC records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 16. ..Category: Constitutional Law | Date: | Hits: 169
Abu Bakkar Siddique Vs. Justice Shahabuddin Ahmed and others, 1996, 25 CLC (HCD)
....ion. Article 102(2)(b)(ii) provides that on the application of any person this Court may make an order requiring a person holding or purporting to hold a public office to show under what authority he claims to hold that office. The English and Bengali versions of the aforesaid provision run as follo...... 2. In this writ petition Mr. Abu Bakkar Siddique, an Advocate of the Supreme Court of Bangladesh and President of Bangladesh Muslim Millat Party, is the petitioner. Mr. Justice Shahabuddin Ahmed, former Chief Justice of Bangladesh, who has been declared elected as President of Bangladesh, is Res...... of the Constitution for preferring an appeal before the Appellate Division against our judgment. There will be no order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 1. ..Category: Constitutional Law | Date: | Hits: 200
Md. Saidur Rahman Vs. Farid Uddin Mahmud and others, 2011, 40 CLC (AD)
....he has appreciated that the impugned judgment is a well reasoned one. We find no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 698.......he impugned judgment is a well reasoned one. We find no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 698....... narrated as under. The respondent No.3 obtained a decree against the petitioner and others in Artha Rin Suit No.66 of 1996 for Tk. 53,15,235.76. As the judgment debtors did not pay the decreetal money, the decree holder filed Artha Jari Case No. 153 of 2007 for selling the mortgaged property ..Category: Property Law | Date: | Hits: 81
....lant shall submit the concise statements by 12th April, 2011 and 1(one) week thereafter the respondent will file the concise statements.
Ed.
This Case is also Reported in: VIII ADC (2011) 685.
......ocate-on-Record-For the Petitioners.
M. A. Samad, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.4.
None represented-For Respondent Nos.1-3.
Civil Petition for Leave to Appeal No.2133 of 2010.
(From the judgment and order dated the 11th day of August, 2...... execution case were stayed. A Division Bench of the High Court Division, after hearing the writ petition by its judgment and order dated 04.01.2009, discharged the Rule on the ground that the entire money as required by law was not deposited. At the time of hearing of the writ petition for the firs..
Category: Property Law | Date: | Hits: 48
Md. Shamsul Hoque Vs. Md. Jabbar and another, 2011, 40 CLC (AD)
....ellate Court holding the same view and making observation to the effect that possession on the basis of unregistered Kabala could not create title by adverse possession and that the defendant nowhere claimed that he acquired title by virtue of adverse possession. 6. The defendant No.1 being agg......vocate-on-Record-For the Petitioner. M.I. Farooqi, Senior Advocate instructed by M.G. Bhuiyan, Advocate-on-Record-For Respondent Nos.1-2. Not represented-Respondent Nos.3-5. Civil Petition for Leave to Appeal No.2671 of 2010. (From the judgment and order dated 05.10.2010 passed by the ......e purpose of construction of a by-pass road and that the defendant No.1 Shamsul Hoque, by creating a false Kabala deed in respect of their 1.17 acres of land, was trying to receive the compensation money for the said 06 decimals of land. That Md. Jabbar, Md. Sattar and their mother then procured t..Category: Property Law | Date: | Hits: 76
Shaki Md. Shoaib and others Vs. Md. Kashem Ali Bhuiyan and others, 2011, 40 CLC (AD)
.... Court Division which shows that he has accepted the decree passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 668. ......ismissed. Lawyers Involved: SK. Awsafur Rahman, Advocate instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioners. None represented-For the Respondents. Civil Petition for Leave to Appeal No.106 of 2010 (From the judgment and order dated the 19th day of July, 2009 ......r of the suit land offered the plaintiffs to purchase the same at a consideration of TK. 31,42,500.00 at the rate of TK. 4,25,000.00 per bigha. Defendant No.1 on receipt of TK. 2,00,000.00 as earnest money out of the total consideration of TK.31, 42,000.00 entered into an agreement with the plaintif..Category: Property Law | Date: | Hits: 72
A. Rahman Lasker and other Vs. Abul Kalam and other, 2011, 40 CLC (HCD)
....rtion plaintiff nos. 3 and 5 have been living with their families. The defendants had no right, title, interest and possession. On 08.02.1995 the defendant No.1 denied the title of the plaintiffs and claimed title of Charcha plot no. 1020/15. The suit land and the claiming land of defendant are not ...... Judge, Sadar Court, Faridpur in Title Suit No.30 of 1995 should not be set aside and or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts of the case for disposal of the rule is that the petitioner as plaintiff filed title suit no. 30 of 1995 in the ...... granted at the time of issuance of Rule is hereby vacated. Send down a copy of this order to the Court below at-once for information and necessary action. Ed. This Case is also Reported in: ..Category: Administrative Law | Date: | Hits: 199
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....he respondent nos. 2-4 contends that the petitioners are not the aggrieved persons within the meaning of Article 102 of the Constitution for in a rule of mandamus they are required to show that their claim is rooted in a statute or statutory rule which the failed to show. In the instant case, the le...... Bangladesh and others, 55 DLR 1, M.A. Taher Miah vs. Government of Bangladesh and others, 6 MLR (AD) 68. Lawyers Involved: Ruhul Quddus with M. A. Mannan Khan with Mrs. Amatul Karim, Advocates-for the Petitioners. Mahmudul Islam with M. A. Hannan, Advocates-For the Added Respondent No.5. ......y out plan without going through the formalities as are required in case of change of master plan. Lastly, Mr. Islam submits that respondent no. 5 is a bona fide auction purchaser depositing security money of Tk. 15,00,000/- and the property has been allotted to him vide memo dated 9.5.99 (Annexure-..Category: Property Law | Date: | Hits: 135
Rupali Jute Baling Ltd. Vs. Agrani Bank, 1991, 20 CLC (HCD)
....urring interest and penal interest yet in the instant case the bank has calculated the amount due by adding inflated interest in violation of the recommendation of that commission and, therefore, the claim was not fully accepted and it was pleaded that the suit be dismissed. 12. The Court found t......ar Sohail, Advocates‑ For the Opposite Party. Civil Rule No. 4(f) of 1990. Judgment Anwarul Haque Chowdhury J.- This Rule arises out of an application under section 5 of the Limitation Act for condonation of delay in filing the appeal being FAT No.567 of 1989. 2. Facts leading to this ......shall advert presently and we wish to do that after narrating certain other circumstances which are material in the instant case. 11. In the instant case the bank filed the suit for realisation of money on account of cash credit given against mortgage of the schedule properties. In that suit the..Category: Procedural Law | Date: | Hits: 111
Mir Amanullah Vs. Mohammad Sharif and others, 1991, 20 CLC (HCD)
....ptible and the application for pre‑emption is allowable. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 228. ......by District Judge, Munshiganj in Miscellaneous Appeal No.6 of 1985 affirming those dated 18.8.84 passed by Munsif, 5th Court, Munshiganj in Miscellaneous Case No.28 of 1981 dismissing the application for pre‑emption should not be set aside. 2. The petitioner and opposite party Nos.25 to 29 file...... (10) of section 96 is applicable in the present case on the ground that the transfer is in exchange for a prayer‑mat which is admittedly non‑pecuniary consideration, that is, not in exchange for money. His contention could hold good only if the donees were within the three degrees of the consan..Category: Property Law | Date: | Hits: 75
....tituted the above writ petition challenging the legality of his termination from the Service of Bangladesh Parjatan Corporation while he was serving as Manager, Benapole Parjatan Motel, Jessore. He claims that he has been performing his duty to the satisfaction of his higher authority and devote......ocate-on-Record-For the Petitioners.
Syed Amirul Islam, Senior Advocate, instructed by N.I. Bhuiyan, Advocate-on-Record-For Respondent No.1.
Not represented- Respondent No. 2
Civil Petition for Leave to Appeal No. 97 of 2010.
(From the judgment and order dated 27.7.2009 passed by the Hi......rred an appeal as per rules, which was also dismissed.
3. The petitioners contested the petition by filing an affidavit-in-opposition. Their claim is that the writ petitioner embezzled huge public money and accordingly he was put on suspension as per rules. The inquiry committee also found the al..
Category: Employment/Service Law | Date: | Hits: 109
Agrani Bank Limited Vs. M/S. Kalipada Saha & Brothers and others, 2011, 40 CLC (AD)
....utely false, concocted and baseless. As neither the respondents nor their predecessors drew any amount from the account of loan sanctioned on 13.12.1994, the bank was not entitled to get the amount claimed from the respondents as prayed for. 4. The trial Court on consideration of the evidence...... Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Harunur Rashid, Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.2106 of 2009. (From the judgment and order dated the 31st day of May, 2009......of fact arrived at by the appellate Court, consequently, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 637...Category: Civil Law | Date: | Hits: 55
Aminul Islam Vs. S. M. Habib alias Dulal and others, 2011, 40 CLC (AD)
....tant also filed a case against the plaintiff in the Martial Law Court in respect of the land in question; that the observation of the appellate court to the effect that the plaintiff did not make any claim in respect of plot No. 4274 is erroneous inasmuch as in the schedule of the plaint this plot......ecord-For the Petitioner. Mahmudul Islam, Senior Advocate instructed by Zainul Abedin, Advocate-on-Record-For Respondent Nos. 3-5. Not represented-Respondent Nos.1, 2, 6-10. Civil Petition for Leave to Appeal No.1858 of 2010. (From the judgment and decree dated 19.01.2010 passed by the...... a registered kabala and had been possessing that 13 decimals of land by constructing homestead thereon. Subsequently Sarif Lokman Ahmed, for the purpose of sending his son to Middle East, required money and as such he contracted to sell another 27 decimals of land of plot Nos.4274 and 4275 of mou..Category: Property Law | Date: | Hits: 51
Narayan Chandra Banerjee alias Bandapadhya Vs. Md. Salek Ali Shaik, 1991, 20 CLC (HCD)
.... aside and the decree of the trial Court is hereby restored. There will, however, be no order as to cost at this revisional stage. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 202. ......higanj passed on 31.12.79 in Money Suit No.1 of 1979 should not be set aside. 2. The suit being money suit No.1 of 1979 was filed by the opposite party Md. Sudek Ali Shaik @ Sadek Ali as plaintiff for the recovery of the consideration money amounting to Tk. 7,500.00 from the defendants. The plain......assed by the Subordinate Judge, 2nd Court, Dhaka reversing the decision of the Munsif 4th Court, Munshiganj passed on 31.12.79 in Money Suit No.1 of 1979 should not be set aside. 2. The suit being money suit No.1 of 1979 was filed by the opposite party Md. Sudek Ali Shaik @ Sadek Ali as plaintiff..Category: Civil Law | Date: | Hits: 76
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