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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. ......e, instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For the petitioner. Md. Aftab Hossain, Advocate-on-Record-For Respondent Nos. 4. Not represented-Respondent Nos.1-3. Civil Petition for Leave to Appeal No. 893 of 2009. (From the judgment and order dated 2.3.2009 passed by the Hi......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)
....appeal. On the memorandum of cross‑objection the respondent is liable to pay necessary court fee and observe other formalities which are necessary for preferring an appeal in respect of the reliefs claimed for in the cross‑objection. Order 41, rule 22(1) gives the respondent in the original appe...... খরচার বলপে ২০০২০০.০০ টাকা বাদীকে আদায় দেন”। 3. It appears that defendant No.5 Abul Kalam Azad presented a Memo of appeal before this Court on 27.6.91 against the judgment and decree passed the aforesaid Money Suit No.528 of......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
.... 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, which claims the defendants repudiated on the plea that the claim is based on shore tank figu......et aside and/or pass such other or further order or orders as to this Court may seem fit and proper.
2. The present opposite parties as plaintiff filed a Money suit against the present petitioners for a decree of Taka 1,53,725.69.
3. The case of the plaintiff in short is that they imported 999......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. ......ment and Co-operative Department under Memo No.11/1a-1/73/224 dated 19-6-1973. Subsequently in the year 1987 the Board of Director of the Academy, in its 15th meeting held on 19-12-1987 (Annexure-K), formulated the regulations regarding the service of the employees of the Academy, wherein the power ......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
.... decision and there is no illegality or infirmity in the above decision so as to call for any interference.
The petition is dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011)163.......wyers Involved:
T.H. Khan, Senior Advocate (with Omar Sadat, Advocate) instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner.
Not represented- the Respondent.
Civil Petition for Leave to Appeal No. 1095 of 2007.
Judgment
Md. Tafazzul Islam J. - This petition for leave......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)
....espondent No.1 plaintiff categorized schedule 'Ka' to 'Cha' as his ancestral village properties of the nature of homestead, nal, pond and ejmali land with other third party co-sharers out of which he claimed only 82 decimals of land stating that those properties belonged to Ram Sharan Bali who died ......Record- For the Petitioner. Mahbubey Alam Senior Advocate, Chowdhury Md. Zahangir, Advocate-on-Record- For the Respondent No.1. None represented-For the Respondent Nos. 2-39. Civil Petition for Leave to Appeal No. 940 of 2008. Judgment Mohammad Fazlul Karim J. - This petition for Lea......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)
.... is Title Suit No.51 of 2004 was filed by MA Hashem on 8-2-2004 for Specific Performance of a Contract against Shamsul Kabir Humayun Reza second one, Title Suit No.176 of 2004 was filed by a person claiming to be Shamsul Kabir Humayun Reza for a direction upon RAJUK to issue sale permission and th......taks, on 21-3-1962 to Shamsul Kabir Humayun Reza. To grab this land through legal process 3(three) suits have been filed, first of which is Title Suit No.51 of 2004 was filed by MA Hashem on 8-2-2004 for Specific Performance of a Contract against Shamsul Kabir Humayun Reza second one, Title Suit N......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)
....ng of charge condemned prisoners Apple, Lebu Miah and Shahin were on absconsion and after their arrest on 25-9-2005 charge was read over to them and all the condemned prisoners pleaded not guilty and claimed to be tried. 5. At the time of the trial, the prosecution in all examined 21 witnesses to......iminal Appeal No. 5492 of 2008. Judgment Enayetur Rahim J. - This reference under section 374 of the Code of Criminal Procedure has been made by the learned Additional Sessions Judge, Manikganj for confirmation of the death sentence of condemned prisoners namely 1. Md. Lebu Miah, son of Late M...... 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)
....eastern half of suit CS plot No.313 to plaintiff No.1 Masuma Khatoon and delivered possession of the said land to her from Block 'B' of the map attached to the said deed. Defendants on the other hand claimed that Sirajbi Bibi was in possession of 1.14 acres of land from the western side of CS plot N......e of defendant Nos.1 to 6 and 10 is directed against the judgment and decree dated 17.8.78 passed by the Subordinate Judge, 1st Court, Dhaka in Title Suit No.27 of 1977 decreeing the plaintiff's suit for declaration of title in the 'A' schedule land and recovery of possession in the 'B' schedule lan......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)
....interest of the appellants, instituted Title Suit No.53 of 1990 in the Second Court of Subordinate Judge seeking rectification of a deed and declaration of title in respect of the third schedule land claiming that he was the owner of the suit land on the basis of f9ur deeds and the Khatian was also ......- Appellants obtained leave from this Court from the judgment and order dated 13th May, 2003 of a Single Bench of the High Court Division in Civil Revision No.6768 of 2001. 2. Short facts relevant for the disposal of the appeal are that one Ghana Mia, predecessor-in-interest of the appellants, in......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)
....e receipt of the judgment. The appeals are dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 124, VIII ADC (2011) 518.......aser Lt. Col. M.A. Mannan (Retd) and other at the instance of the decree holder Social Investment Bank Limited arise out the same judgment in Writ Petition Nos. 4783 of 2003 and 4803 of 2003 and therefore these appeals are disposed of by this judgment analogously. 2. The respondent No.1 Social In......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
Md. Obaidul Kader Vs. The State, 2011, 40 CLC (HCD)
....e sheet is based wholly on the statement of Md. Habibur Rahman, who has admittedly received the money from 14 contractors as bribe and deposited an amount in his own savings bank account and later on claimed that he has taken the bribe as he was asked to by the accused petitioner, then the ACC shoul......ssistant Attorney General - Opposite Party No.1 (State). Md. Khurshid Alam Khan, Advocate - Opposite Party No.2 (ACC). Criminal Miscellaneous No. 5735 of 2008. An application u/s 561A Cr.P.C for quashment of the proceedings of Special Case No. 4 of 2008 pending in the Court of Special Judge......med in the F.I.R., who were engaged in the implementation of various projects and development works under the National Sports Council. It has further been stated in the F.I.R. that the said amount of money, alleged to have been taken as bribe from the aforesaid contractors, was received in cash by o..Category: Criminal Law | Date: | Hits: 111
Sher Mohammad and others Vs. Saroda Bala Sen and others, 1993, 22 CLC (HCD)
.... and ultimately when it was transferred to the Additional Assistant Judge, First Court, Sadar, Chittagong, for disposal it was renumbered as other Suit No.7 of 1991. 3. In the plaint the plaintiff claims that the defendant Haradan Chowdhury has been his monthly tenant since 1st November, 1974, at...... Judge, Sadar, Chittagong, in Other Suit No.7 of 1991. 2. Facts, as stated in the petition, in short, are, that the plaintiff opposite party No.1 instituted a suit, being Other Suit No.220 of 1978 for ejectment of a tenant, for arrear of rent and compensation. The suit was renumbered as Other Sui...... Accordingly the Rule is discharged. The stay granted earlier is hereby vacated. Communicate this order to the lower Court at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 527...Category: Property Law | Date: | Hits: 50
Kulsum Banu Bibi and another Vs. Abdul Jobbar Bhuiyan and others, 2009, 38 CLC (AD)
.... 4. The trial court on consideration of the materials and evidence on record dismissed the suit holding, amongst others, that the plaintiff No.2 by filing a compromise petition relinquished his claim on the suit land admitting the right, title and interest and possession of the defendant there......ry and others Vs. Md. Nurul Amin and others, 47 DLR (AD) 162. Lawyers Involved: Abu Siddique, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No.1623 of 2008. Order Shah Abu Nayeem Mominur Rahman J.- Instant leave pe......on. In the premises we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 180. ..Category: Property Law | Date: | Hits: 94
....red to sell the suit land. The plaintiffs all stories are false. When Nagen Shil filed a suit for eviction Monsur Rahman then after receiving amount of Tk. 2,00,000/- (Taka two lac), relinquished his claim in favour of the Nagen Shil. The story of incapability of payment of loan money is inconsisten...... Involved:
Bivash Chandra Biswas, Advocate-on-record-For the Petitioner.
Md. Aftab Hossain, Advocate-on-record-For the Respondent No.1.
Not represented- Respondent No.2-3.
Civil Petition for Leave to Appeal No.1055 of 2008.
Judgment
MM Ruhul Amin CJ. - This petition for leave to a......ted to the effect and inspite of repeated request Monsur Ahmed failed to pay the said loan of Tk.75,000/-, lastly agreed to transfer the suit land in favour of the plaintiff on fixing a consideration money of Tk. 1,00,000/- (Taka one lac) , accordingly he executed a bainanama on 26.11.1990 with stip..
Category: Property Law | Date: | Hits: 70
Md. Azizul Haque Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)
....oved this Court and obtained the present Rule. 7. Mr. A, K. M. Shafiuddin, the learned Advocate appearing for the petitioner submits that both the Courts below having failed to appreciate that the claim of the plaintiff as made in the plaint does not constitute the cause of action for money suit ...... in brief, are that the sole opposite party as plaintiff on 6.7.1986 filed a suit being Money Suit No. 14 of 1986 in the Court of Subordinate Judge, Narayangonj impleading the petitioner as defendant for realization of a sum of Tk.1,56,569.38 on the averments that the plaintiff is a limited company ...... before the Court of Subordinate Judge, Narayangonj and the said suit was dismissed on contest vide judgment and decree dated 25.8.1985; that the defendant deliberately in order to misappropriate the money caused the financial loss amounting to Tk. 1,56,569.38 of the plaintiff-mills and the defendan..Category: Civil Law | Date: | Hits: 97
Moqbul Ahmed & others Vs. Shoeb Chowdhury & Others, 1990, 19 CLC (HCD)
....ther of opposite party Nos.1 to 8 and father of opposite party Nos.9 and 10 as plaintiffs brought the suit. The original defendant No.1, predecessor of the petitioners and defendant No.15 opposed the claim of the plaintiffs by filing 2 separate written statements. The original defendant No.1 having ......rty. Civil Order No. 2565 of 1990. Judgment Bimalendu Bikash Roy Chowdhury J.-This application is directed against an order passed by the Subordinate. Judge, Noakhali allowing an application for addition of the heirs of deceased defendant No.1 (Cha) under Order 1 rule 10 read with section 1......ion 115 of the Code of Civil Procedure. The application thus merits no consideration and the same is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 156...Category: Civil Law | Date: | Hits: 93
....sed to pay illegal demand the Military Estate Officer started certificate case under Public Demands Recovery Act, 1913 for recovery of the demand which on contest failed on 20.8.87 on the ground that claim was not recoverable under the said Act, Annexure‑L. It is further alleged that having failed......ondent 1 and the order dated 18.6.1988 as contained in Memo. No.BD/LC/375/86/70, Annexure‑B. issued by respondent 2, have been passed without lawful authority and are of no legal effect.
2. The aforesaid rule has been issued upon a voluminous application annexing to it a large number of documen......s towards the price of the lands, machineries, equipments and buildings and undertook to pay the debt of the said company payable to the Commercial Banks. The petitioner paid Tk. 91,000.00 as earnest money for submitting the bid. The petitioner alleged that at the time of advertisement respondent 2 ..
Category: Property Law | Date: | Hits: 92
Taslimuddin alias Tasir and others Vs. State, 1991, 20 CLC (HCD)
....f the Penal Code. The condemned prisoners along with 3 others were placed on trial having been charged under sections 302134 and 201/34 and 120B of the Penal Code to which they pleaded not guilty and claimed to be tried. 4. The prosecution examined 21 witnesses including the formal witnesses and ......riminal Appeal No.760 of 1991 (Dhaka) Judgment Habibur Rahman Khan J. - This is a reference under section 374 of the Code of Criminal Procedure by Mr. Md. Amirul Islam, Sessions Judge, Dinajpur for confirmation of the sentence of death of condemned prisoners 1. Taslimuddin alias Tasir, 2. Md. ......alking in the evening. In reply to cross, he stated that it was a hat day and many people passed through the road,. In reply to defence suggestion he said that he did not know whether his father took money from Amjad in lieu of loan but he admitted that his father took money from Montaz and Sattar a..Category: Criminal Law | Date: | Hits: 76
A Elahee & Co. Vs. MM Aziz and others, 1991, 20 CLC (HCD)
....inable and that the plaintiff had already received payment of Tk. 4,50,000.00 at the rate of Tk.20.00 for the carriage per ton and having received the aforesaid payment, the plaintiff is now making a claim to be paid at the rate of Tk. 30.00 and Bangladesh Agricultural Development Corporation is to ...... in his pleading in suit. 2. Facts leading to this, in short, is that, MM Aziz as plaintiff filed a suit being Money Suit No.32 of 1990 in the court of the Subordinate Judge, 2nd Court, Chittagonj for realisation of Tk.11,44,254.00 against defendant‑petitioner namely M/s. A Elahee & Co repr......ndant company to furnish Bank guarantee and to vacate the attachment order. It stated in paragraph 5 that the defendant No.1 is willing to submit bank guarantee to the extent of Tk. 11,64,254.00. the money claimed by the plaintiff in the Money Suit though they did not accept that the said amount is ..Category: Civil Law | Date: | Hits: 104
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