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Abu Syed Khan Vs. Humayun Kabir and another, 2011, 40 CLC (AD)
....t Appeal No.415 of 2003 reversing those of the learned Subordinate Judge, Fourth Court, Dhaka in Title Suit No.503 of 1999. 2. One Brajabashi is the admitted owner of the suit land. Plaintiffs are claiming title in the suit land on the strength of registered deeds from Abdur Rashid, Mamtaz Begum ......dvocate-on-Record-For the Petitioners Mahmudul Islam, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.2 Not Represented-For Respondent No.1. Civil Petition for Leave to Appeal No.102 of 2010. (From the judgment and order dated 2.7.2009 passed by the Hig......fectly justified in decreeing the suit. We find no merit in the contention of Mr. Mahbubey Alam. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 436. ..Category: Property Law | Date: | Hits: 73
Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)
....mala fide and ultra vires the Constitution. 5. Writ respondent Nos.1 and 3 contested the writ petition by filing affidavits-in-opposition making similar statements of facts. The substance of their claim is that Chapter I of Part I of the Constitution deals with the services of Bangladesh genera......kanuddin Mahmud, Senior Advocate and Md. Asaduzzaman, Advocate), instructed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No.1. Not represented-For Respondent No. 2. Civil Petition for Leave to Appeal No. 501 of 2010. (From the judgment and order dated 4.2.2010 passed by the Hi......il, 2011 and thereafter the respondent shall file the same within 17th April, 2011. The appeal is fixed for hearing on 26th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 415. ..Category: Constitutional Law | Date: | Hits: 441
....ral and documentary, and as such no interference is called for.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VIII ADC (2011) 410.
......n-Record-For the Petitioner.
M.K. Rahman, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate -on-Record-For Respondent Nos.1-2.
Not represented-Respondent Nos. 3-5.
Civil Petition for Leave to Appeal No.1093 of 2010.
(From the judgment and order dated 17.02.2010 passed by the ......d a letter addressing the plaintiff that the authority accepted his offer and accordingly the ownership of the property concerned henceforth stood transferred in favour of the plaintiff as the tender money was received in full by them. The plaintiff was further advised to take over possession of the..
Category: Property Law | Date: | Hits: 82
Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)
....nd registered a sale deed in favour of the plaintiff on receipt of the balance consideration amount on 21st October, 1992. The appellant (the defendant), it is alleged, in collusion with others claimed title and interest in the suit lands which clouded the plaintiffs title. Subsequently, the......in execution of a decree passed by a competent Court without setting aside the decree. 2. Respondent No.1 (the plaintiff) instituted the suit in the First Court of Subordinate Judge, Narayangonj for declaration that the deed dated 14th November, 1992 executed and registered through Court in p......s of land out of the suit Nos.184, 404 and the other owners Mari Bibi and Banu Bibi executed an agreement for sale on 24th April, 1984 in respect of some lands out of same plots on receipt of advance money and handed over possession of the suit lands on the same day. When the vendors refused to exec..Category: Procedural Law | Date: | Hits: 76
.... parliamentary affairs, Government of Bangladesh.
Send down the lower Court record.
Communicate this order at once.
Ed.
Md. Nuruzzaman J.-I agree.
This Case is also Reported in:
...... directed against judgment and decree dated 22.11.2000 passed by the learned Subordinate Judge, 2nd Court, Noakhali dismissing Title Suit No.19 of 1994.
2. Appellants as plaintiffs instituted the aforesaid suit with prayer for a decree that suit property as described in schedule ‘Ka’, Kha, Ga...... property left this country on the eve of Pak-Bharat war of 1965, as such, schedule property has been recorded in the name of Government as enemy property in V.P. Case No. 2/81-82 and by paying lease money lessees of the Government possessing the suit land.
12. Learned Judge by the impugned judg..
Category: Property Law | Date: | Hits: 66
Oriental Bank Ltd. Vs. Federal Insurance Company Ltd., 2010, 39 CLC (HCD)
....e notice of 17.3.2008 already above quoted. Mr. Rokanuddin Mahmud has submitted that the response dated 9.4.2008 constitutes, in effect, the Respondent No.1 contesting the merit of the Petitioner’s claim and reflects in that sense a refusal to pay for reasons explained therein. That notion of refu......e Respondent No.1. Company Matter No. 99 of 2008. Judgment Syed Refaat Ahmed J.- This is an Application under Section 241(v) read with Section 242 of the Companies Act, 1994 (“the Act”) for winding up the Respondent No.1 Federal Insurance Company Limited, a publicly listed company. ......o make the payment of out standing (sic) loan. After his failure my client will be liable to adjust loan as guarantor. Since the borrower M/S Marshall (sic) Homes has the capability to repay the loan money. In that case the question of repayment on the part of guarantor does not arise. Although guar..Category: Company Law | Date: | Hits: 203
Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)
....hat the Jatiya Party in the meantime also filed a Money Suit on 9.2.91 in the Money Suit No.16 of 1991 in the Court of 3rd Subordinate Judge, Dhaka, against HM Ershad and the Government of Bangladesh claiming a sum of Tk. 2 crores claiming that those were kept with HM Ershad by the Jatiya Party for ...... an order dated 11.1.92 passed by the learned Divisional Special Judge, Dhaka, in Special Case No.7 of 1991 rejecting that second application filed under section 344 of the Code of Criminal Procedure for staying further proceedings in the aforesaid case started under section 409 of the Penal Code re......goods found therein. The type of the goods and articles found in that Senabhaban by the said Committee was notified in the newspapers by a Press Note on 2.1.91 where it was mentioned that huge sum of money amounting to Tk. 2 crores in cash was recovered from that house including many other articles ..Category: Criminal Law | Date: | Hits: 125
Alesuddin Mondal Vs. Md. Toyezuddin Dewan, 1991, 20 CLC (HCD)
....n committed by the Courts below. In the result, the Rule is discharged with cost. The lower Court record be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 105. ......ve contentions and on consideration of the evidence on record the learned Munsif allowed the pre‑emption. 6. Being aggrieved and dissatisfied by the order of learned Munsif an appeal was taken before the learned District Judge, Joypurhat, and the appeal on transfer was heard by Subordinate Judg...... point but the principle laid down may be availed of in coming to a correct decision. In the cited case the transfer was saddled with agreement for reconveyance on condition that if the consideration money be paid back by purchaser to the seller within certain time, then purchaser would recover the ..Category: Property Law | Date: | Hits: 81
Naresh Lal Saha and other Vs. Bhupati Mohan Roy and others, 1990, 19 CLC (HCD)
.... In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 96.......The petitioner's case, in short, is that Misc. Case No. 53 of 1985 was filed by the Opposite Party Nos.1 and 2 as petitioners under sections 71 and 74 read with section 71(f) of the Trusts Act, 1882, for issuing show cause as to why the principal opposite parties 1 to 3 (Petitioners before this Cour...... or part thereof, the Court may proceed with disposing of the issues of law only, keeping the issues on fact at abeyance. That may be done for the sake of convenience and is intended to save time and money which otherwise may be wasted unnecessarily. But the most important factor in both these two r..Category: Procedural Law | Date: | Hits: 62
....r. On 14.11.88 the petitioner received a notice issued on 8th November, 1988 by General Certificate Officer, Comilla in Certificate Case No.318/86‑87 demanding payment of Tk. 45,84,646.00 being the claim of Bangladesh Krishi Bank and another sum of Tk. 15,016,50 towards expenses within 30 days fro...... Ice Plant in the year 1980‑81 at Barkamta under Debidwar Police Station in the District of Comilla. For preserving potatoes in the Cold Storage the petitioner applied to the Bangladesh Krishi Bank for loan in March, 1981 and the Bank sanctioned an amount of Tk. 42 Lac which was repaid with intere......possible for the respondent Bank to sanction loan in favour of the petitioner in 1986 as in the meantime, the respondent had initiated the Certificate Case against the petitioner for recovery of loan money and interest. The petitioner finally adjusted its 1982 liabilities in 1984 after much persuasi..
Category: Civil Law | Date: | Hits: 99
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....ounsel’s mention cannot justify review of the verdict. No doubt the court has constitutional power to review its decision but it does not undertake on the asking of the petitioners once conflicting claims have been settled by a decision of the court. The cases are reviewed strictly within the boun......our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ......n depositing US$ 54,982.42 by Supplementary International Gold Visa Card No.4568-8170-1006-4122 in collusion with each other for making illegal gain knowing fully well about the illegal source of the money in foreign Bank Account spent those amounts in different countries and thereby committed offen..Category: Civil Law | Date: | Hits: 238
AKM Mohinus Saleh & others Vs. State, 1992, 21 CLC (HCD)
....ing which period the prosecution has failed to adduce any evidence. The learned Counsel also submits that the principal accused having died and the bank itself having already been satisfied about its claim there remains no chance of establishing the charge levelled against the accused petitioners on......lice Station Case No.11 dated 23.8.1978 under sections 409/109 of the Penal Code read with section 5(2) of Act II of 1947 now pending in the court of Divisional Special Judge, Khulna Division, Khulna for should not be quashed and or pass such other or further order or orders as to this Court may see......h unauthorisedly and the co‑accused Mostafa Anwar (now deceased) drew Taka 7,51,163.10 paisa from the said account. The accused persons including the accused petitioners are liable for handling the money of the Bank as their own money and they violated the directives given by the Company in their ..Category: Criminal Law | Date: | Hits: 80
Abdul Muhaimin Khan & another Vs. Bashiruddin & others, 1991, 20 CLC (HCD)
....istant Judge, Sadar, Sylhet under section 24 of the Non‑Agricultural Tenancy Act for pre‑emption of the land transferred by document dated 8.3.90 by opposite party No.2 to the present petitioners claiming that he was a co‑sharer. It was further contended that the document sought to be pre‑em......by the Assistant Judge, Sadar, Sylhet in Misc. Case No.40 of 1990 should not be set aside or pass such other or further order or orders as to this court may deem fit and proper. 2. Facts necessary for disposal of the Rule are as follows: Opposite party No.1 filed Misc. Case No.40 of 1990 in th...... The rule is discharged with cost. The stay order granted by this court on 26.11.90 is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 382. ..Category: Property Law | Date: | Hits: 89
Fazlul Karim Vs. Agrani Bank, 1991, 20 CLC (HCD)
....ingle Judge (Syed Muhammad Husain, J) held that a suit only for declaration without any prayer for consequential relief by way of any mandatory injunction for reinstatement in service and without any claim for arrears wages and compensation and damages was not maintainable and the suit was hit by th......Bank and ors…………………….Respondents Judgment November 3, 1991. Cases Referred To- Manager, Personnel Division Vs. Md. Sozahan Miah & others, 35 DLR 224; High Commissioner for India and another Vs. IM Lall, AIR 1948 Privy Council, 121; 52 CWN 761 (PC); Yusaf Ali Khan Vs. ......he Agrani Bank was illegal, void and inoperative and that he remained in service in that post at the date of institution of the suit. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 375. ..Category: Employment/Service Law | Date: | Hits: 71
.... Artha Rin Suit No.103 of 2001 is maintained.
Let a copy of the judgment along with lower Court’s record be sent down at once.
M. Moazzam Husain J.- I agree.
This Case is also Reported in:
......by the learned Judge, Artha Rin Adalat, Khulna in Artha Rin Suit No.103 of 2001.
2. The brief facts of the case are that the appellant as plaintiff- Bank instituted Artha Rin Suit No.103 of 2001 before the Artha Rin Adalat, Khulna impleading the respondent-defendants for recovery of its outstandi......ny but defendant company failed to perform his part of the contract and also could not go into operation of its project. In such circumstances plaintiff-Bank under the legal compulsion issued so many money call back notices upon the defendant-company lastly, on 24.7.1995 but the defendant-company ha..
Category: Civil Law | Date: | Hits: 217
Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)
....er as to cost. The contemnor-respondent Nos.1 to 4 are exonerated from the charge brought against them. Communicate at once. M. Moazzam Husain J. - I agree. This Case is also Reported in: ......vice under the respondent No.5 he opened a monthly saving scheme account as provided by the respondent No.5. The respondent No.5 attracted a good number of clients in the process. The institution was formed and created by an Article of Memorandum registered under Joint Stock Companies and Firms wher......n into the matter and submitted a report to the Secretary, Ministry of Finance wherein it was found that the respondent No.5 had been taking deposits and depositors are depositing and withdrawing the money from him and that it was functioning as a Bank quite illegally having only their register unde..Category: Employment/Service Law | Date: | Hits: 115
Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)
.... the service of the Republic' in Article 152(1), there is, on the other hand, a declaration in the reverse direction prominently displayed in the long title of the law (Act No.13 of 2003) itself proclaiming the object of the law to make the BERC an independent and neutral body and the all-importan......িজাখস(প্র-৩)/বা এরেক/নিয়োগ (চেয়ারম্যান)-১৪/২০০৯ dated 11-10-2009 and has been continuing to hold that office as such. He is a former Comptroller and Auditor-General of Bangladesh. He held the constitutional office of the Compt......lause (section 2). Section 17 of the Act No.13 of 2003 is as follows: "17. Funds of the Commission.—(1) There shall be a fund to be called "Bangladesh Energy Regulatory Commission Fund" and money, as mentioned below, shall be deposited in the Fund, such as:— (a) grant from the Governm..Category: Employment/Service Law | Date: | Hits: 92
Abdul Hakim and others Vs. State, 1991, 20 CLC (HCD)
....the conviction and sentences are set aside and the appellants are acquitted and they are discharged from their respective bail bonds. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 352. ...... Chowdhury (In Criminal Appeal 1143 of 90) - For Appellant. Criminal Appeal No. 1180/90 with Criminal Appeal No. 1143/90. Judgment Mahmudul Amin Chowdhury J.- These two appeals are taken up for judgment together as both the appeals arise out of the same judgment earlier passed by the learn......hose cash memos Abdul Hakim managed to withdraw a sum of Tk. 18,254.00. I have carefully gone through the records and it appears that none of the prosecution witnesses stated that this Alfaz got some money out of the aforesaid amount which appellant Abdul Hakim had allegedly withdrawn. There is abso..Category: Criminal Law | Date: | Hits: 84
Abdul Gani Khan Vs. Shamser Ali and others, 1991, 20 CLC (HCD)
....nd fabricated document. 7. It is submitted by the learned Advocate appearing for appellant that unless the ex parte decree passed in the suit (OC Suit No.123 of 1962) is set aside defendant cannot claim any relief. In reply to this contention it is urged that the ex parte decree passed in that af......ssed by Prokash Chandra Bhattacharja who while in possession settled the suit land with Manada Sundari in tenancy right and Manada Sundari while in possession of the suit land entered into a contract for sale of the suit land with plaintiff for a consideration of Tk.400.00 and received earnest money......Sundari in tenancy right and Manada Sundari while in possession of the suit land entered into a contract for sale of the suit land with plaintiff for a consideration of Tk.400.00 and received earnest money to the tune of Tk. 300.00 on execution of Bainapatra from plaintiff and made over possession o..Category: Procedural Law | Date: | Hits: 105
AR Bhuiyan and Company Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)
....wing Tk. 12,453.00 for the assessment year 1969‑70. It showed net loss at Tk. 1,29,463.00 as per profit and loss account. The assessee showed gross income from house property at Tk. 2,57,990.00 and claimed deduction of TK. 1,37,500 paid to the Sonali Bank in liquidation of its debt. The assessing ...... Application No. 37 of 1984. Judgment AM Mahmudur Rahman J.- This application under section 66(1) of the Income Tax Act, 1922 is at the instance of the assessee raises the following question for our decision: (i) Whether on the facts and in the circumstances of the case, the learned Inco......iness and for management of his properties. The trust deed provided that after meeting the expenses of management and payment to the beneficiaries the trustees will create a Reserve fund with surplus money as per Article 17 of the trust deed. The trust property was not free from encumbrance and the ..Category: Fiscal/Taxation Law | Date: | Hits: 90
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