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Jamir Sheikh(Md.) Vs. Fakir Md. A Wahab & another, 1990, 19 CLC (HCD)
...., shall continue in accordance with law. Let the records be sent down at once and a copy of this order be communicated to the trial Court. Ed. This Case is also Reported in: 43 DLR (1991) 417.......plaint do not disclose any offence under sections 295A/298/109 of the Penal Code or that of any other section of the Penal Code and as such initiation and continuation of the instant proceeding would amount to the abuse of the process of the Court and obtained the present Rule. 5. Mr. Abdul Hamid......, shall continue in accordance with law. Let the records be sent down at once and a copy of this order be communicated to the trial Court. Ed. This Case is also Reported in: 43 DLR (1991) 417...Category: Criminal Law | Date: | Hits: 70
Motiul Hoque Vs. Dhaka Improvement Trust (RAJUK) & another, 1990, 19 CLC (HCD)
.... be given at the time when in due course of post it would be delivered at the address to which it is sent, it was also stipulated that after the service of notice the lessor shall re‑enter upon the whole of the demised property vide clause 27 of the deed and the lessor shall return to the lessee t......approved by the DIT within 4 years. It was also stipulated that if the lessee fails to complete the construction within 4 years he shall surrender the demised property to the lessor forthwith and the amount paid by him on account of the premium will be returned to him. The lease having commenced fro......efore the alleged termination of the lease. It is also alleged that the defendants have not instituted any suit to recover the suit property, nor paid the sum of Taka 8,154.00 being the consideration money which was paid by the plaintiff to the defendant No. 1. It is asserted dial the plaintiff havi..Category: Property Law | Date: | Hits: 87
Mohammad Abdul Alim Vs. Government of Bangladesh and others, 2009, 38 CLC (AD)
.... the continuance of the property as abandoned is not maintainable. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 233.......s of the property in question at a consideration of TK. 5.00,000.00 on 18.02.1999 (Annexure-C to the writ petition) in pursuance of the agreement dated 12.10.1984 entered into on payment of advance amount of TK.3.00,00.00 (three lacs). Since original owners Abdus Sattar and Khorshed Anwar did not...... the continuance of the property as abandoned is not maintainable. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 233...Category: Property Law | Date: | Hits: 65
Abdul Khaleque Sarder Vs. Mohammad Asgor Ali Morol and others, 2010, 39 CLC (AD)
....khatian in favour of the plaintiff and rightly decreed the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 211. ......khatian in favour of the plaintiff and rightly decreed the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 211. ......e him and they all used to pay rents through Abdul Jabbar. The defendant Nos.14 and 15 are the full brothers of Abdul Jabbar. The defendant Nos. 14 and 15 created some deeds without any consideration money in collusion with others and started a case under Section 23 of the Public Demands Recovery Ac..Category: Property Law | Date: | Hits: 69
Tea Hung Packaging (BD) Limited and others Vs. Bangladesh, 2010, 39 CLC (AD)
..... 3 is also directed to file the concise statement within 9(nine) weeks from date. The appeal is fixed for hearing on 25th January, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 206........ 3 is also directed to file the concise statement within 9(nine) weeks from date. The appeal is fixed for hearing on 25th January, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 206......., repetitious and vexatious litigations, failing thereby to prevent repetitious harassment to the writ petitioners as well as to prevent the abuse of the process of law at the cost of tax payers' money in vain." Preparation of the paper book is dispensed with as prayed for. Security of T..Category: Criminal Law | Date: | Hits: 70
Government of Bangladesh and others. Vs. Bokul Mia and others, 2009, 38 CLC (AD)
....on. In the circumstances of the case, we do not find any legal infirmity in the impugned judgment of the High Court Division. The appeal is dismissed. Ed. This Case is also Reported in: ......s the contention of the writ petitioners that value of the land fixed at Tk. 82, 07,471.81/- having been deposited by the requiring body with the writ respondent No.3, he was required to pay the said amount to the writ petitioners and other land owners and the writ respondent No.3 having had not pai......eposited by the requiring body with the writ respondent No.3, he was required to pay the said amount to the writ petitioners and other land owners and the writ respondent No.3 having had not paid the money, his action is illegal. 5. The Rule was contested by the requiring body as well as the writ..Category: Property Law | Date: | Hits: 80
M/s. Golden Biscuit Co. Vs. AL‑Haj Rafique Mia and another, 1993, 22 CLC (HCD)
....lowed and the petitioner be permitted to make a deposit of his rent in favour of the landlords. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 181.......lowed and the petitioner be permitted to make a deposit of his rent in favour of the landlords. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 181.......ent of rent to the transferees. Similar notices were also sent by the transferees. On receipt of the said notices the petitioner sent his rents for the premises to the said transferees through postal money orders, dated 8th December, 1987. The money orders were returned un‑delivered with an endors..Category: Property Law | Date: | Hits: 78
Farid Karim Vs. State, 1992, 21 CLC (HCD)
....itted by him. In the case of State Vs. Lalu Miah and another reported in 1987 BLD (AD) 213. It is held: "Notwithstanding the general principle that a confession should be accepted or rejected as a whole, in certain facts and circumstances the inculpatory part may be accepted if the exculpatory pa......s as follows: Section 27. " Provided that, when any fact is deposed to as received from a person accused of any offence, in the custody of a police officer, so much of such information: whether it amounts to a confession or not, as relates distinctly to the fact thereby discovered, may be proved.......order of rejection of the Reference be also communicated to the Superintendent, Rajshahi Central Jail for information and compliance. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 171. ..Category: Criminal Law | Date: | Hits: 84
Silver Estate Ltd. Vs. Abdul Hakim Mia and others, 1991, 20 CLC (HCD)
....the defendants over the title of the suit property. In that view of the matter cross‑objection filed by the respondent No. 1 is rejected. Ed. This Case is also Reported in: 43 DLR (1991) 360. ......cted him to deposit Tk. 5,05,000.00 as transfer fee plus Tk. 909.00 as service charge. The defendant No. 1 asserted that on the next date he made over the said letter to the plaintiff to pay the said amounts to the DIT in terms of the contract with him at an early date for getting transfer permissio......ried building. The defendant No. 1 entered into a written agreement with the plaintiff to sell the suit property at a consideration of Tk. 43,000.00 and received the sum of Tk. 3,00,000.00 as earnest money on 15.7.82 on executing the said agreement; that in pursuance of the said agreement the defend..Category: Civil Law | Date: | Hits: 92
Anika Ali Vs. Rezwanul Ahsan, 2011, 40 CLC (AD)
....on. This petition is dismissed with the above observations without, however, any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 77, 17 MLR (AD) (2012) 49. ...... of Tk.15,000/- per month from January, 2005 which may be increased in the future upon consultation between the parties and would be deposited in the account of the petitioner with HSBC Bank. The due amount of Tk.2,25,000/- for the months January, 2005 to March, 2006 would be adjusted with the curre......nd the respondent Rezwanul Ahsan were married on 23.12.2002 under Muslim Law and the dowry was fixed at Tk.10,00,000/- of which 2,00,000/- was shown as paid, although, according to the petitioner, no money was paid. A child Farzan Ahsan, was born during their wedlock on 24.12.2003. Soon thereafter, ..Category: Family Law | Date: | Hits: 327
Government of Bangladesh and others Vs. Md. Mustafizur Rahman Kanchan, 2011, 40 CLC (AD)
.... No.1-4 filed affidavit-in-opposition stating that the fishery in question was a closed fishery and was leased out to the petitioner for the period of 1411 to 1415 BS. The writ-petitioner enjoyed the whole of 137.06 acres of the fishery during that period. It was contended on behalf of the writ-resp......ost 44 acres of the fishery was totally unfit for fishing due to siltation and establishment of a launch ghat of BIWTA. The petitioner prayed for re-measurement of the fishery and to re-fix the lease amount for the year 1412 BS. A five member Committee headed by the Upazila Fishery Officer, Karimgan......0,000/- for 1417 BS with VAT and Income Tax as is admissible under the Rules within 15.9.2010 positively failing which the order shall stand vacated. C. The petitioner is directed to pay the lease money for the 1418 BS in due course at the rate to be fixed by the respondents before 14.04.2011 and..Category: Fiscal/Taxation Law | Date: | Hits: 96
Amir Hussain Sowdager Vs. Mohammad Harunur Rashid, 2011, 40 CLC (AD)
....reparation of paper-book is dispensed with as prayed for. Let the order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 314. ......reparation of paper-book is dispensed with as prayed for. Let the order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 314. ......ase of the defendant No.1, petitioner herein, is that after execution of the bainapatra and payment of Tk.15,00,000/- out of the agreed price of Tk.65,00,000/-, the plaintiff did not pay any further money. The defendant No.1 redeemed the mortgage and made the house vacant for execution and regist..Category: Property Law | Date: | Hits: 98
Sadharan Bima Corporation Vs. Bangladesh Shipping Corporation and others, 1990, 19 CLC (HCD)
....ependently in accordance with law. Parties are at liberty to take back their respective documents and Exhibits on giving proper receipt. Ed. This Case is also Reported in: 43 DLR (1991) 322. ......10 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 16.6.84 claiming a decree for compensation for an amount of Tk. 1,81,250.00 against the defendant No. 1 namely, the Bangladesh Shipping Corporation. S...... the 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: 175
Abdus Sobhan Vs. Harekrishna Kundu and another, 1988, 17 CLC (HCD)
....,000.00 (Tk. five thousand) only as damages. In the result, the appeal is allowed. Since there is no appearance we do not award any costs. Ed. This Case is also Reported in: 43 DLR (1991) 314....... also suffered consequential mental agony. The plaintiff has therefore claimed Taka 10,500.00 as compensation for the damage to the reputation caused by the defendants and prays for a decree for that amount. 6. The defendants contested the suit by filing written statements. The defence case is as...... witness also stated in cross‑examination that he lips no dispute with this defendant over the Rice Mill or over the property on which the mill was situated. The plaintiff deposed that he filed the money suit claiming Tk. 10,500.00 as damages as the plaintiffs reputation suffered due to publicatio..Category: Civil Law | Date: | Hits: 89
Government of Bangladesh Vs. Abdul Wahid Sheikh (dead) his heirs & others, 1990, 19 CLC (HCD)
....hether the suit shall also abate along with the appeal. It is well settled that there is no finality to a judgment or decree when it is under appeal and an appeal being a continuation of the suit the whole suit becomes sub judice. So the judgment of the learned Subordinate Judge which is challenged ......86 a new section 86, relevant portions whereof read as follows : "86. (1) If the lands of a holding or a portion of such lands are lost by diluvion, the rent of the holding shall be abated by such amount as may be considered by the Revenue Officer to be fair and equitable in accordance with the r......gment delivered by the learned Subordinate Judge also abates. The appeal is, accordingly, disposed of. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 308. ..Category: Property Law | Date: | Hits: 77
Captain Shamsul Alam Chowdhury Vs. Shirin Alam Chowdhury, 1991, 20 CLC (HCD)
....l made by the petitioner under section 17 of the Family Courts Ordinance on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 297.......land, and out of love and affection for the opposite party and security for her life allowed the opposite party to become a joint holder of the said account of the Bank in which there was substantial amount. The petitioner had given the opposite party's cider brother Mohammad Ali Quayyum who resided......l made by the petitioner under section 17 of the Family Courts Ordinance on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 297...Category: Family Law | Date: | Hits: 230
AHM Kamaluddin another Vs. The State, 1989, 18 CLC (HCD)
....the result, the application is summarily rejected. Let a copy of this judgment be sent to the Court of the Divisional Special Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (1991) 294. ......ccused petitioner AHM Kamaluddin, Ex‑MD and accused petitioners MA Karim, Ex‑GM of Bangladesh Shilpa Bank in collusion with the borrower Sk. Maniruzzaman collusively sanctioned and disbursed huge amount of money specifically mentioned in the charge‑sheet in violation of the provisions of the r......itioner AHM Kamaluddin, Ex‑MD and accused petitioners MA Karim, Ex‑GM of Bangladesh Shilpa Bank in collusion with the borrower Sk. Maniruzzaman collusively sanctioned and disbursed huge amount of money specifically mentioned in the charge‑sheet in violation of the provisions of the rules of th..Category: Criminal Law | Date: | Hits: 63
....lt this appeal is allowed and the suit is dismissed. In view of the facts and circumstances of the case there will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 286.
......for was wholly outside the scope of the said insurance policies, that the scope of arbitration under the policies in question was limited and circumscribed by condition No. 18 and it was only when an amount was disputed that the question of arbitration arose, that as the liability to pay was repudia......lt this appeal is allowed and the suit is dismissed. In view of the facts and circumstances of the case there will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 286.
..
Category: Alternative Dispute Resolution | Date: | Hits: 170
....tion. The rule is accordingly discharged without any order as to costs.
The order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 43 DLR (1991) 282.......d as that will prejudice the defendant in his defence. In the said suit the plaintiff’s case as stated in the plaint originally was that he had paid to defendant and the latter had received certain amount of money. When it was proved that the defendant could not and did not receive the money from ......will prejudice the defendant in his defence. In the said suit the plaintiff’s case as stated in the plaint originally was that he had paid to defendant and the latter had received certain amount of money. When it was proved that the defendant could not and did not receive the money from the plaint..
Category: Property Law | Date: | Hits: 146
....uage used in the document txt. C is plain and unambiguous. Ext. C must be read in accordance with the provisions of the above two sections of the Evidence Act. This Ext. C will decide the fate of the whole suit.
16. In order to consider the submissions of Dr. Zahir, let us now consider the deed o......r the plaintiff to obtain a declaration that other assets not included in the schedule of the deed of agreement also belong to the Ferdous Tannery. As per agreement the plaintiff paid two instalments amounting to Tk. 11,70,000.00 and Tk. 8,10,000‑00 being down payment before taking delivery of pos......formance of contract is dismissed.
There will, however, be no order as to costs. Let the lower Court's records be sent down immediately.
Ed.
This Case is also Reported in: 43 DLR (1991) 256.
..
Category: Property Law | Date: | Hits: 73
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