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Md. Umed Ali and another Vs. Mst. Hamida Khatoon and another, 1999, 28 CLC (AD)
....e learned District Judge or the High Court Division that there was any illegality in the decree being passed in the ex parte manner but the decree itself was objected to on the ground that without payment of ad valorem Court fee the relief for setting aside the decree could not be granted. ......lorem Court fee in the trial court for the said relief within 3(three) months from date. 13. The appeal is allowed in the above terms without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 103
Selim A Khan Vs. Md. Harun Malik and another, 2006, 35 CLC (AD)
....f aforesaid sum of TK. 6,00,000/- and possession was handed over to the accused petitioner and others putting belief upon the words of the accused petitioner and others as to their promise to make payment as agreed upon and thereafter the complainant found that some unknown persons had been resi......t of the High Court Division and we do not find that there is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 30
S. M. Emdadul Hossain (Bulbul) Vs. Jinnur Hosain and another, 2005, 34 CLC (AD)
.... order dated 26.07.2003 passed by the High Court Division in Criminal Miscellaneous Case No. 8491 of 2001 is stayed for a period of 6 (six) months from dated. Ed. This Case is also Reported in: ......nt before the learned Chief Metropolitan Magistrate, Dhaka alleging commission of offence under section 138 of the Negotiable Instrument Act (as amended) in short the Act, stating, inter alia, that a cheque dated 09.02.1999 for a sum of TK. 25,00,000/- was issued by the accused petitioner which bein..Category: Criminal Law | Date: | Hits: 36
Mahbubur Rahman Vs. State, 2005, 34 CLC (AD)
....lleged offence of misappropriation or forgery inasmuch as he discharged his routine duties only as a ledger clerk and that in the application for transfer of the account and in the cheque showing payment of Tk. 35,000/- on 10.01.1980 the petitioner's signature is conspicuously absent and the pet......e, Assistant Post Master and the petitioner as a ledger clerk and on 09.01.1980 on further fictitious petition filed in the name of the Oliur Rahman, the ordinary savings account was converted into a cheque account and a cheque book was issued in the name of aforesaid account holder and on that date..Category: Criminal Law | Date: | Hits: 50
Md. Nurul Amin Vs. Md. Ismail and other, 2006, 35 CLC (AD)
....29-11-2001 for a period of 5 (five) years at the monthly rental of TK. 1,04785, thereafter the said trawler was given to ownership of respondent No. 1 for its necessary rearing words stipulating the payment of repeating costs at TK. 8,00,000/- and the respondent No.1 was to get a bill of the said a......) months. The petitioner is permitted to add additional grounds. However, the proceedings before the lower Court below shall continue in accordance with law. Ed. ..Category: Property Law | Date: | Hits: 31
Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)
.... of wrongly prepared record by the revenue authority i. e. recording the name of the defendant No. 1 along with the plaintiffs, but the plaintiffs have filed such rent receipts Exts. 1-1(U) showing payment of rent in respect of the land in suit except the years for which defendants managed to pa......fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 23
Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)
....sentence. The convict petitioner Farukur Rahman @ Farook was sentenced to imprisonment for life but the imposition of fine of Tk. 2, 000/- passed by the trial court was maintained and in default of payment of fine there was a direction to suffer imprisonment for two months more. The appeal prefe......ce to the appellants before us. In the aforesaid premises, we are of the view that the appellants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ..Category: Criminal Law | Date: | Hits: 25
Delip Kumar Shaha Vs. State, 2006, 35 CLC (AD)
....orroborated each other in support of the prosecution case and the informant, P.W 1 deposed that the accused petitioners illegally smuggled contraband alachi into Bangladesh from India without payment of custom duties and taxes and the prosecution witnesses proved that the accused petitioner...... and accordingly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 29
Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)
....that after the completion of the sale by the registration of the instrument of transfer the purchaser can maintain a suit against the vendor for possession of the property sold notwithstanding non payment of the purchase money. 14. Regarding possession of the plaintiff and the d......rcumstances was well justified to interfere with the same in revisional jurisdiction. For the reasons and discussions above the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 35
Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and others, 2006, 35 CLC (AD)
....ame of Jairuddin that Araben Nessa and Lokman son of Giasauddin transferred the land in suit to the plaintiff by the kabala dated January 19, 1970 and since then plaintiff is possessing the land on payment of rent to the Government that there is passage over the suit plot No. 837 and the said pat......n established by the plaintiff that Jairuddin did not surrender his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ..Category: Property Law | Date: | Hits: 35
Commissioner of Customs and anr Vs. Bangladesh Traders, Dhaka, 2006, 35 CLC (AD)
....gitimate expectation that they will he dealt with similarly regarding assessment of the imported Hard Boards in question acquiring a vested right. 14. This question of vested right regarding payment of customs duty and oilier levies, as distinguished from fixation of the value of imported......n made without any lawful authority and of no legal effect and further directing the writ respondents to return the bank guarantees furnished by the writ petitioners are hereby set aside. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 95
Sree Promad Chandra Barman & others Vs. Most. Khodeza Khatun Bewa and others, 2006, 35 CLC (AD)
....ent of the court of appeal below without reversing the findings of fact arrived at by the lower appellate court that the pattani settlement taken by the plaintiffs on the basis of Ext.1 series and payment of rent on the basis of dakhilas are collusive, forged and fabricated documents created for......y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 37
Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
....ks, Urban Development, P.W. D. directing the plaintiff to pay arrear rent at Tk. 340/- from 1.1.1972 to 28.2.1973 amount to Tk. 11,972/-. The plaintiff has also produced duplicate challans showing payment of rent for the building in question till February 1980. The plaintiff has also produced Ex...... 16. In view of the above we do not find any substance in the submission of the learned Counsel for the appellants. The appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 41
Md. Abu Hanif Mia and others Vs. Kad Banu and others, 2006, 35 CLC (AD)
....aintiff also produced certain dakhilas marked as Exts. 5(N) to 5(5), Z(1) purported to have been granted by the Delduwar Estate and other co-sharer landlords and Rangpur Loan Office Limited showing payment of rent for an area of 2.50 acres of land at varying rates without giving any evidence to s...... judgment and decree dated 26.01.1994 passed by the High Court Division in 2nd Appeal No. 1204 of 1965 is hereby set aside and those of the court of appeal below are restored. Ed. ..Category: Property Law | Date: | Hits: 34
Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)
....y in question and as the mortgagor, the Respondent No.3; did not discharge its obligation by paying back the amount due the mortgagee is legally competent to retain possession of the property till payment of the dues by the mortgagor i.e. Respondent No.3. It is also the contention of the appella......ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 38
Government of Bangladesh Vs. Hasrat Mohani and others, 2006, 35 CLC (AD)
....tiff Nos. 1-8 as the sons of Akmal Hossain and their uncle Amzad Hossain plaintiff No.9 and plaintiff Nos. 11-16 as the heirs of Ansar Uddin inherited 75.60 acres of land and possessed the same on payment of rent and they were under the impression that the said land has been recorded in their nam......gh Court Division are set aside. The judgment and decree passed by (he Additional District Judge, Rangpur is restored. Consequently the suit stands dismissed. Ed. This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 156
Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)
....daughter Charubala who settled 41 decimals of land (including the land in suit) to one Taiyab Ali on 10th Baisakh, 1357 B. S. and in his name S. A. record was prepared and he possessed the land on payment of rent to the Government. Plaintiff by the kabala dated August 6, 1963 purchased from Taiy......he appellate Court affirming the judgment and decree of the trial Court is restored. There is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ..Category: Property Law | Date: | Hits: 48
Hotel Agrabad Ltd. CTG Vs. Chairman, First Labour Court, Khatungonj, CTG & ors, 2008, 37 CLC (AD)
....ce the impugned Judgment passed in the aforesaid two writ petitions deserves no interference by this court. Both the appeals are accordingly dismissed without any order as to costs. Ed. ......ce the impugned Judgment passed in the aforesaid two writ petitions deserves no interference by this court. Both the appeals are accordingly dismissed without any order as to costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 95
Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)
....heikh before the Court of Magistrate, 1st Class, Tangail on December 31, 1994 alleging, inter alia, that he, his brothers and sisters inherited land measuring 4.59 acres and enjoying the said land on payment of rent, that the opposite parties i.e. appellants herein and 8(eight) others, showing the c......try. In the background of the discussions made hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ..Category: Criminal Law | Date: | Hits: 48
Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)
....ame sentence of fine was passed by the trial Court) in default to suffer rigorous imprisonment for 6 months more (the trial Court awarded 2 (two) years rigorous imprisonment in case of default in the payment of fine Taka 10,000). 9. Prosecution case was that in the night of April 13 and 14, 1997 ......trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ..Category: Criminal Law | Date: | Hits: 63