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Displaying 1981-2000 of 3960 results.

Momtaz Begum Vs. Md. Anwar Hossain, 2007, 36 CLC (AD)

....above, we find no sub­stances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 427 ......within the mischief of Section 4 of the Dowry Prohibition Act, 1980. It has been held in the case of Ajit Kumar Pramanik and others Vs. Bakul Rani Pramanik and others reported in 46 DLR 169. The same principle has been enunciated and approved in the case of Abul Bashar Howlder Vs.The State and anoth......above, we find no sub­stances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 427 ..

Category: Criminal Law | Date: | Hits: 165

Md. Nurul Absar Vs. State, 2008, 37 CLC (AD)

....gs and submissions of learned Advocate for the appellant, we find no substance in this appeal. Accordingly, the appeal is dis­missed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 423. ......n the impugned judgment that "the appellant did not face the trial and as such cannot now challenge the finding of the trial court on facts" needs to reviewed by this Court in view of the established principle of law as already decided by our Supreme Court; the appeal is continuation of the trial an......of rigor­ous imprisonment for six months. 3. The facts, in short, are that the appellant was a Chairman of Cox's Bazar Pourashava and in such capacity he received a cheque dated 20.10.1984 for an amount of Tk.10 lac donated by the then President of Bangladesh for development works of the Pourash..

Category: Criminal Law | Date: | Hits: 89

Sreemoti Shipra Shaha Vs. Judge, Artha Rin Adalat No.3, Dhaka and others, 2009, 38 CLC (AD)

....the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)149.......he petitioner and, as such, bank cannot claim interest more than 6(six) lacs taka from the petitioner in view of Section 47 of the Artha Rin Adalat Ain, 2003. 4. It appears from the record that no principle about application of Section 47 of Artha Rin Adalat Ain, 2003 has been laid in this judgme......5 passed by the Judge of Artha Rin Adalat No.3, Dhaka in Artha Rin Case No.39 of 2003 rejecting an application under Section 47/49/57 of the Artha Rin Adalat Ain, 2003 for acceptance of the principal amount of TK.3.00 lac and for redemption of the scheduled property subject to payment of interest of..

Category: Civil Law | Date: | Hits: 94

Sheikh Hassan Vs. Mst. Shiriya Begum and another, 2009, 38 CLC (AD)

....cord arrived at a correct decision and accordingly there is no cogent reason to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 146.......cord arrived at a correct decision and accordingly there is no cogent reason to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 146....... and that he having taken loan from the plaintiff had to execute a bainapatra on 8.1.1992 in respect of .26 acre of land including the suit land as security for the loan and then he returned the loan amount of Tk. 40,000.00 along with interest to her and then she returned the property to him by exec..

Category: Property Law | Date: | Hits: 54

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. ......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. ......recovery of its due and after obtaining decree for Tk. 1,72,90,708/- Sonali Bank started Execution Case No.103 of 1994 against Zaman Textile Mill, the judgment debtor, for realisation of the decretal amount and then in the said execution case several auction notices were published for selling the pr..

Category: Civil Law | Date: | Hits: 89

National Bank Limited Vs. New Sonali Garments (Pri­vate) Ltd. & Others, 1993, 22 CLC (HCD)

....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. ......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. ......Division against the decree of an Artha Rin Adalat within 30 days by the aggrieved party. And where the aggrieved party is the defendant he can prefer an appeal only on depositing 50% of the decretal amount in the trial Court. Further, it is provided in section 7 that no appeal shall lie against an ..

Category: Civil Law | Date: | Hits: 96

Botany Bay Shipping (Australia) Ltd. and anothers Vs. Lever Brothers Bangladesh Ltd and anothers, 2009, 38 CLC (HCD)

....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. ......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. ......16.578 metric tons were short-landed against the manifested quantity received by the carrier 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, w..

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. ...... 10. The learned Advocate Mr. AU Ahamed argued that the petitioner was dismissed on 26-9-2004 and he obtained this rule on 15-5-2006 after delay of about two years and as such this rule is hit by the principle of inordinate delay. But it appears that the petitioner went to the Administrative Tribuna...... 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. ..

Category: Employment/Service Law | Date: | Hits: 64

Qamruzzaman Shah Vs. Government of the People's Republic of Bangladesh and another, 2008, 37 CLC (AD)

....hboring countries and thereafter, on 20.2.2000, the petitioner applied to the respondent No. 2 for segregation of the amount of Tk.275 lac as interest free blocked amount to be repaid in 40 quarterly installments from 15.3.2000 along with the renewal of all of his loan facilities and thereafter on t...... 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.......and 3 to file Artha Rin Suit No.22 of 2007 in the Court of Joint District Judge, 1st Court, Jessore and Artha Rin Adalat, Jessore against the petitioner and others for realization of outstanding dues amount of Tk. 10,35,55,939/- on the averments the he, as the proprietor of M/S. Chisty Traders, carr..

Category: Civil Law | Date: | Hits: 77

Sree Chinmoy Chowdhury Vs. Sree Mridul Chowdhury and others, 2009, 38 CLC (AD)

....e above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)140. ......e above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)140. ...... TK. 1, 00,000.00 out of which the plaintiff was allotted TK.50, 000.00 as half share. The schedule 'Eumo' relates to deposits in Banks in which the learned Advocate Commissioner allotted half of the amount in deposit with the Bank in favour of the plaintiff. The schedule ‘Ta' relates to movable p..

Category: Property Law | Date: | Hits: 93

MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)

....ee suits, 4 (four) sets of apparently original documents i.e. allotment letter of DIT, standard lease deed agreement of DIT and receipts of National Bank of erstwhile East Pakistan showing payment of installments against letter of allotment have been filed but it is curious to note that plaintiff of......s or false statements or un­true statements may be made in the written statements and also there may be some forged documents may be produced in support of such written statement, but it is cardinal principle of law and has been established by all the Superior Courts that plaintiff has to prove his...... sale of the scheduled property for a total consideration of Tk. 1,65,00,000 and a deed of agreement for sale was signed and executed on 29-12-2002 by principal defendant No.1 upon receipt of advance amount of Tk.35,00,000 in cash, handed over all in original documents to the plaintiff in presence o..

Category: Property Law | Date: | Hits: 100

State Vs. Shahin and others, 2010, 39 CLC (HCD)

....entence. Accused Shahin will get the benefit of section 35A of the Code of Criminal Procedure. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (2011) 772. ......nces the prosecution failed to prove that victim Biplob had the physically capable to make any statement such as, dying declaration after receiving the serious bleeding injuries. It is by now settled principle of law that to act upon a dying declaration, the Court has to see whether the victim had t......entence. Accused Shahin will get the benefit of section 35A of the Code of Criminal Procedure. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (2011) 772. ..

Category: Criminal Law | Date: | Hits: 76

Shah Alam and others Vs. Masuma Khatoon and others, 1993, 22 CLC (HCD)

....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....... acquired right, title and interest in the ‘A’ Schedule property by adverse possession too. The defendants and their predecessors‑in‑interest have no right, title and interest therein and the principle defendants are liable to be evicted from 'B' schedule of the suit property. 5. The suit......a Begum and others Vs. Rousan Ara Begum and others reported in 39 DLR (AD) 22 and contended that even if the plaintiffs are found to have been in sole possession of the suit plot No.313 that will not amount to ouster of the co‑sharer defendants however long their possession might be and title of t..

Category: Property Law | Date: | Hits: 55

Most. Shamsunnahar and Others Vs. Abdul Mannan and Others, 2010, 39 CLC (AD)

....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. ......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. ...... collusion must also give particulars thereof in the pleading. So also in regard to breach of trust, undue influence or misrepresentation. General allegations however strong, are insufficient even to amount to an averment of fraud of which any Court will take notice. When a plaintiff is taking a ple..

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.......ayer and pass necessary order for compromise. 10. According to Dicey, Judges are not allowed to decide a case on the basis of whatever they consider just or fair. They are constrained by 'definite principles of law' and by binding precedent. To avoid an arbitrary discretion in the Courts, Hamilto...... sale on successive three dates on 12th March, 30th March and 14th June, 2003, the decree holder came up with a application that it had amicably settled the dispute regarding payment of the decreetal amount with the judgment debtor and prayed for staying further proceedings of the executing case and..

Category: Civil Law | Date: | Hits: 90

Md. Obaidul Kader Vs. The State, 2011, 40 CLC (HCD)

....reby quashed. The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 264.......s general, [see page 289 Maxwell on The Interpretation of Statutes, 12tn edition]. "A statutory term is recognized by its associated words. This latin maxim 'noscitur a sociss' states this contextual principle, whereby a word or phrase is not to be construed as if it stood alone but in the light of ......while the accused petitioner was holding office as the Minister for State of the Youth, Sports and Cultural Affairs and also as the Chairman of National Sports Council, Dhaka had obtained as bribe an amount of Tk. 38,00,000/- (thirty eight lacs) from 14 (fourteen) contractors (firms) as named in the..

Category: Criminal Law | Date: | Hits: 111

Hemayetuddin and others Vs. Md. Shahjahan Miah and others, 2009, 38 CLC (HCD)

....Court at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 242.......itted no error or illegality in his finding as such the finding and decision in reversing the Judgment and decree of the trial Court calls for no interference by this Court. 13. By now the settled principle of law in exercising the revisional power under Section 115 of the Code of Civil Procedure......Court at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 242...

Category: Property Law | Date: | Hits: 72

HM Ershad Vs. The State, 1992, 21 CLC (HCD)

....ions of ours will not touch the merit of the case in any manner whatsoever. Let the records of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ......cord of the case and documents connected therewith. Though the cases referred to above relate to the framing of the charge under the provision of section 250B Cr.P.C. we are of the view that the same principle is applicable to a case for framing charge under sections 241A and 242 which correspond to......ereon and out of Tk. 10 crores required for the construction of the building Tk. 3,50,00,000.00 was taken from Uttara Bank as loan and the balance sum of Tk. 650,00000.00 was paid by him and the same amount was found in his possession and the possession of his dependent in his capacity as public ser..

Category: Criminal Law | Date: | Hits: 286

Sher Mohammad and others Vs. Saroda Bala Sen and others, 1993, 22 CLC (HCD)

.... 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.......petitioners’ claim that they are necessary and proper parties the leaned Advocate has cited the cases of Mst. Jahanara Begum Vs. AL Md. Shamsul Haque reported in 27 DLR (AD) 129in which the general principles of who is a necessary party has been discussed. 9. Mr. SK Sinha, the learned Advocate ...... 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

Nurun Nahar Khan Vs. Monsur Rahman being dead his heirs: 1(a) Md. Mahbub Rahman (Mohon) and others, 2009, 38 CLC (AD)

.... the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 176....... the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 176....... stating, inter alia, that the suit land originally belonged to Md. Monsur Rahman, the predecessor-in-interest of the defendant Nos.1-2. At the time of purchase of the said land Monsur Rahman took an amount of Tk. 45,000/- and Tk. 30,000/- as loan from the plaintiff. The said Monsur Rahman is the fu..

Category: Property Law | Date: | Hits: 70