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Md. Anwar Hossain Vs. Government of Bangladesh, 2004, 33 CLC (AD)

....sion, we find no substance in the submissions of learned Advocate. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 12. ......sion, we find no substance in the submissions of learned Advocate. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 12. ......royed. By such fraudulent act, the. Government incurred loss of about Taka 1 crore. Some national dailies also published the story of false destruction of raw materials and misappropriation of huge amount of money. On the basis of said report the Assistant Collector held an inquiry on 07.01.1993 ..

Category: Criminal Law | Date: | Hits: 41

Peninsular Shipping Service Ltd. Vs. M/s. Faruque Paint & Varnish Manufac. Co Ltd. 2006, 35 CLC (AD)

....re are merits in the appeal. The appeal is therefore allowed. The impugned Order is set aside. Parties do bear their respective costs. Ed. This Case is also Reported in: 12 MLR (AD) (2007) 1. ......re are merits in the appeal. The appeal is therefore allowed. The impugned Order is set aside. Parties do bear their respective costs. Ed. This Case is also Reported in: 12 MLR (AD) (2007) 1. ......lant reiterated the submissions advanced earlier and submits, inter alia, that the High Court Division committed error in admitting the appeal when the respondents did not deposit 50% of the decretal amount within the period of limitation as prescribed under the law and the deposit so made after the..

Category: Civil Law | Date: | Hits: 132

A.F.M. Wahid Shahjahan Vs. Subordinate Judge , 3rd Court Dhaka & or, 2007, 36 CLC (AD)

.... of the discussion made hereinabove we find no merit in the petition. 14. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 203. ...... of the discussion made hereinabove we find no merit in the petition. 14. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 203. ......e order to sell the mortgaged property. 3. It appears from the materials on record that defendant No.1 of Money Suit No. 113 of 1983/59 of 1992 approached the bank for loan and thereupon an amount of Tk.14,00,000/- was sanctioned on March 15, 1996 and on May 15,1978 loan amount was enhanc..

Category: Civil Law | Date: | Hits: 105

Md. Dewan Ali Vs. Md. Jasim Uddin and others, 2008, 37 CLC (AD)

.... The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 73; 13 MLR (AD) 2008, 198; V ADC (2008) 320. ......ining to purchase the case land when offered to him for sale amounted to waiver and acquiescence of his right to purchase the case land and accordingly his right of pre-emption was also hit by the principle of estoppel. 10. Careful scrutiny reveals that the evidence available on record o......, O.P.W.2, refused to purchase the case land and pressed for refund of his mortgage money of tk. 8,000/- by Saleha Bibi through O.P.W.2 Mohammad Ali. Accordingly Saleha Bibi refunded the aforesaid amount of mortgage money to pre-emptor Md. Jasimuddin and sold the case land to pre-emptee Md. Dewa..

Category: Property Law | Date: | Hits: 32

Nazrul Islam Vs. State, 2007, 36 CLC (AD)

....ision rightly discharged the Rule, as there is no ground for quashing the proceeding. 9. The leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008 184. ......ision rightly discharged the Rule, as there is no ground for quashing the proceeding. 9. The leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008 184. ......ule. 2. Short facts are that F.I.R. was lodged against the accused petitioner alleging, inter alia, that the accused petitioner along with co-accused committed offence by misappropriation of amount of Tk.7,00,000/- by issuing a false F.D.R. The F.I.R, was lodged by Senior Principal Officer..

Category: Criminal Law | Date: | Hits: 29

Mokbul Hossain Howlader Vs. State, 2007, 36 CLC (AD)

....law and procedure. 12. In view of the above, we find substance in the appeal. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 181. ......law and procedure. 12. In view of the above, we find substance in the appeal. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 181. ...... receipt of TK.1, 65,000.00 from the complainant on condition of sending the complainant to America and also agreeing that if he failed to send the complainant to America he would refund the entire amount of TK. 1,65,000.00 at a time to the complainant. But the accused neither did send the compla..

Category: Criminal Law | Date: | Hits: 42

Ameena Ahmed Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)

....s and circumstances of the case we find no merit in this petition which is accordingly dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 113; 13 MLR (AD) 2008, 171. ......s and circumstances of the case we find no merit in this petition which is accordingly dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 113; 13 MLR (AD) 2008, 171. ...... 6. At the time of purchase of those lands by the petitioner and his other co-sharers those were low lying area, ditches and barren land. The petitioner and her other co-sharers had to spend huge amount of money for the development of those low lying, ditches by filling with sand, viti sand, co..

Category: Property Law | Date: | Hits: 31

Ratan Chandra Dey and others Vs. Jinnator Nahar and others, 2007, 36 CLC (AD)

....n of the High Court Division so as to call for any interference. 7. The petition is dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 116; 13 MLR (AD) 2008, 168. ......ight to property she could not be given any such declaratory relief and the facts and circumstances of the above reported cases being similar to the facts and circumstances of the present case, the principle laid down therein are applicable in the present case and accordingly the petitioners oug......n of the High Court Division so as to call for any interference. 7. The petition is dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 116; 13 MLR (AD) 2008, 168. ..

Category: Property Law | Date: | Hits: 33

Dewan Shamsul Abedin, Mutwalli of Dewan Aftebur Reza Chy Waqf Estate Vs. BD, 2007, 36 CLC (AD)

....ns of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed.  This case is also Reported in: 61 DLR (AD) (2009) 118; 13 MLR (AD) 2008, 163. ......09 B.S. and his lease term had already expired and in the meantime the Government leased out the said Jalmahal. It is fact that the present petitioner has no lease order after 1409 B.S. The settled principle of law is that in order to get an order of temporary injunction the plaintiff must have a......ent and order of the High Court Division disposing the civil rule on the finding about legality or illegality of possession arid direction to float fresh Tender in collaboration with the petitioner amount to prejudging the First Appeal and rendering the First Appeal infractuous; that the High Co..

Category: Property Law | Date: | Hits: 50

Abdul Hai and other Vs. Chan Banu Bibi, 2007, 36 CLC (AD)

....mity in the decision of the High Court Division so as to call for any interference. 8. The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 129. ......it land in the pre­emption case, are no longer owners of their homestead the suit land and as such they do not come within the ambit of section 6 of the Land Reform Ordinance, 1984 and that the principles laid down in the case of Rahima Begum Vs. Abdul Baten 44 DLR 414 and in the case of Moka......mity in the decision of the High Court Division so as to call for any interference. 8. The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 129. ..

Category: Property Law | Date: | Hits: 60

Md. Sirajul Haq Vs. Md. Abdul Halim and another, 2007, 36 CLC (AD)

....the discussion made above, we do not find any merit in this petition.     The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 114. ......the discussion made above, we do not find any merit in this petition.     The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 114. ......iled a written statement stating, inter alia, that he was not a sub-tenant but according to trade practice at Mymensingh Town possession of rented premises could be made over on payment of lump sum amount and the defendant No. 2 was thus a purchaser of possession of the suit premises and thus be..

Category: Property Law | Date: | Hits: 31

Md. Rezaul Ahsan Vs. Salamat Miah Wakf Estate, 2007, 36 CLC (AD)

....we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 110. ......we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 110. ......y is to be set aside. That the High Court Judge was wrong in holding that the respondent No.1 alleged to take TK. 500-1000 from the hotel for which the petitioner did not maintain any account for the amount and it was unbelievable despite the fact the respondent No.1 in his written objection filed i..

Category: Tenancy Law | Date: | Hits: 184

Md. Atiqullah Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)

....cle 104 of the Constitution, the Respondent No.1 is directed to pay within 60 days Tk.6, 38,797.63 to the appellant. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 41.  ......cle 104 of the Constitution, the Respondent No.1 is directed to pay within 60 days Tk.6, 38,797.63 to the appellant. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 41.  ......mpt proceedings can be drawn against the opposite parties. In that case it was further held that the Arbitrator does not exercise a judicial function in course of inquiry or investigation into the amount of compensation although he is expected to act within judicial norms. It was further held th..

Category: Property Law | Date: | Hits: 27

Khandker Zillul Bari and another Vs. State, 2008, 37 CLC (AD)

.... to 3(three) years from 7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ......tence is reduced from 7(seven) years to 3(three) years. Md. Hassan Ameen J.- I have gone through the judgment proposed to be delivered by my learned brother Md. Abdul Matin J and agree with him on principle. Accordingly, the appeals are allowed and the appellants are acquitted. Md. Abdul Ma...... to 3(three) years from 7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ..

Category: Criminal Law | Date: | Hits: 94

Gopal Das Soni and another Vs. Government of Bangladesh and others, 2002, 31 CLC (AD)

....quite in accordance with law and suffers from no infirmity and illegality. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 69. ......quite in accordance with law and suffers from no infirmity and illegality. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 69. ......ainable class of land. It is also seen from the Judgment of the High Court Division that compensation roll in respect of the land in suit was prepared as back as in 1962 upon assessing considerable amount of money and thereupon compensation roll has been published in the gazette. It is further s..

Category: Property Law | Date: | Hits: 27

ASF Rahman and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)

....en therefrom by Satkhira Fisheries Limited, Pharmatek Chemicals Limited, Khulna Fisheries Limited and Mrittika Limited. According to payment re schedule the loans were to be repaid in ten half-yearly installments starting from 30 June 1996. The Borrowers failed to pay the installment that fell due o......for grant of leave in this case or to interfere with the ultimate decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 61. ......nt of the said instalment. On 4 January 1998 AB Bank wrote to the guarantors about the default bringing to their notice that as per condition of Bangladesh Bank (respondent No. 1), entire outstanding amount became due and they were asked to arrange for adjustment of the entire outstanding amount of ..

Category: Banking Law | Date: | Hits: 139

Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)

....s also without jurisdiction. For all the above reasons, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 20. ......ker Mahbubuddin Ahmed submits that this point has been considered in the case of Abdul Matin vs. Election Tribunal, 31 DLR (AD) 331 and in his submission there is no good reason to depart from the principle laid down therein. The High Court Division has no occasion to check the election material......s also without jurisdiction. For all the above reasons, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 20. ..

Category: Election Law | Date: | Hits: 126

Mariam and others Vs. Bangladesh, 1978, 7 CLC (AD)

....t for decision in accordance with law in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 247. ......t for decision in accordance with law in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 247. ......ithin Gowainghat Tahsil in the District of Sylhet at annual rental of Taka 8000.00 for three years, that is, from 1361 B.S. ending with Chaitra  1363 B.S. The appellants paid three years rent amounting to taka 24,000.00 to the respondent and according to the customs and practice they kept t..

Category: Civil Law | Date: | Hits: 89

Master Abdul Aziz Vs. Abani Mohan Mukherjee and others, 1978, 7 CLC (AD)

....n the result the appeal stands dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 222.   ......n the result the appeal stands dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 222.   ......nt of the appeal as it could not sit on judgment of its own order nor it could review its order without any application for review on proper court fees. It was submitted that the order of abatement amount to a decree within the meaning of section 2(2) of the Civil Procedure Code or at least a fin..

Category: Civil Law | Date: | Hits: 116

Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)

....er the petitions have abated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207.  ......ich aims as interfering with the exercise of the judicial power is not contemplated either by the Constitution or Proclamation so far issued. If this is not recognized as one of the most essential principle of constitutionalism which is evidenced by the retention of the division of powers betwee...... claim to administer justice in the abstract. Justice according to law is what is administered and law may not always necessarily be just. If the laws which this court administers does, therefore, amount to what is known as harsh or unjust legislation the court will still have to administer it. ..

Category: Constitutional Law | Date: | Hits: 307