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Displaying 1981-2000 of 3458 results.

Rowshan Ali (Md.) Vs. State, 2000, 29 CLC (HCD)

....his bail bonds immediately to serve out the remaining portion of sentence imposed upon him. Send down the lower Court records immediately. Ed. This case is also Reported in: 52 DLR (2000) 510.......out the necessity of initiating an independent, time-consuming and cumbersome proceeding. This is why in a case under the Anti-Corruption laws, an accused is sentenced to pay a fine equivalent to the amount of money or the value of the goods misappropriated by him in addition to the substantive sent......cessity of initiating an independent, time-consuming and cumbersome proceeding. This is why in a case under the Anti-Corruption laws, an accused is sentenced to pay a fine equivalent to the amount of money or the value of the goods misappropriated by him in addition to the substantive sentence of im..

Category: Criminal Law | Date: | Hits: 88

Atiqur Rahman (Md.) Vs. Ainunnahar, 1999, 28 CLC (HCD)

....en absolutely without any merit, the same must be discharged. Resultantly, the Rule is discharged. Order of stay stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (2000) 453.......divorce between the spouses did not take place and the plaintiff was entitled to maintenance from the date of institution of the suit and awarded a decree of Taka 41,000.00 as maintenance and also an amount of Taka 30,000.00 in respect of dower. (c) The defendant against the above adjudication, c...... are as follows: (a) The opposite party of the Rule as plaintiff laid a suit being Family Suit No.86 of 1990 before Family Court and Senior Assistant Judge, Comilla Sadar, for realisation of dower money and maintenance impleading her husband as defendant in the suit. The defendant resisted the su..

Category: Procedural Law | Date: | Hits: 67

Manager, Bangladseh Krishi Bank and others Vs. Al-Haj Md. Nurul Islam & another, 1999, 28 CLC (HCD)

....y set aside and Money Suit No.1 of 1991 of the Court of Subordinate Judge, Munshiganj in dismissed. There shall be no order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 434. ......intiff company and decreed on 21-3-1992 against with First Appeal No. 86 of 1992 was preferred by the Bank and the appeal has been allowed by this Court maintaining the decree in respect of principal amount and only modifying the rate of interest from the date of institution of the suit till realisa......se of extending and improving his cold storage for the storage of potatoes he prayed for loan of Taka 50 lac from the defendant-appellants Bank but only Taka 35 lac was sanctioned and paid. Since the money was not sufficient enough to complete the project the plaintiff company prayed for further loa..

Category: Civil Law | Date: | Hits: 101

Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Aziz Pipes Limited, 2003, 32 CLC (AD)

....e claim of the plaintiff regarding excess realization by the BSRS is the subject matter of the suit. Now it has been finally decid­ed by this Division that actually there was excess realization. The whole question of excess realization was the disputed question for resolving which the parties ultim......ourt, Dhaka in Title Suit No. 1 of 1996 decreeing the suit. 2. The above title suit was filed by Aziz Pipes Ltd., a Public Limited Company for a decree of Tk. 1,44,39,817/- claiming that the said amount was realized by the defendant Bangladesh Shilpa Rin Sangstha (BSRS) in excess while making re......efendant BSRS which was realized in excess. 34. Before we part with, we may refer to another submission of Mr. A.K.M. Nazrul Islam. He has submitted that the BSRS has no fund of its own, whatever money is given as loan to a borrower is the money which is received from the government and the mone..

Category: Civil Law | Date: | Hits: 126

State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)

....rected to take steps for disposal of the application in the light of our findings as above. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 82; 28 BLD (AD) (2008) 138; V ADC (2008) 796. ......minate grant of bail, however, merely on the request of a person, who appears in Court, and thereby surrenders himself to that Court, without the other conditions for such bail being satisfied, would amount to an act of judicial extravagance which cannot be countenanced." 18. This Court further ......rected to take steps for disposal of the application in the light of our findings as above. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 82; 28 BLD (AD) (2008) 138; V ADC (2008) 796. ..

Category: Criminal Law | Date: | Hits: 100

Eser Ali Sheikh (Md.) Vs. Md. Mokarram Ali and others, 2001, 30 CLC (HCD)

.... of 1996 of the First Court of Subordinate Judge at Kushtia is also recalled and vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 612. ...... of 1996 of the First Court of Subordinate Judge at Kushtia is also recalled and vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 612. ...... is an unilateral agreement and written addressing Amir Hossain Miah (father of the plaintiff Sharijan Nessa agreed to sell the land at a price of Taka 60,000 and on receipt of Taka 37,000 as earnest money promised and requested to take the ‘Kabala’ within 3 months on payment of the balance of T..

Category: Property Law | Date: | Hits: 91

Abdul Waresh Vs. Md. Abdul Halim and others, 2001, 30 CLC (HCD)

....t and the order dated 28-8-9 1 passed by the learned Subordinate Judge. Chittagong in Miscellaneous Case No. 493 of 1990 is affirmed. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 608. ......Suits: Provided that an applicator for an order to set aside a decree passed ex parte or for a review of judgment shall, at the time of presenting his application, either deposit in the Court the amount due from him under the decree or in pursuance of the judgment, or give such security for the ......t and the order dated 28-8-9 1 passed by the learned Subordinate Judge. Chittagong in Miscellaneous Case No. 493 of 1990 is affirmed. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 608. ..

Category: Civil Law | Date: | Hits: 86

Sumikin Bussan Corporation Vs. Chittagong Port Authority and Others, 2001, 30 CLC (HCD)

.... declared accepting the decision No.8823 dated 13-9-2000 of the Chittagong Port Authority as contained in Annexure-B to the petition. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 599. ...... any clarification made by the respondent No.1. It is a suo motu letter issued by the respondent No.8, as such rectification, clarification and replacement sought for by this letter, if allowed, will amount to utter violation of Clause 33.2, 33.1, 26.3, 29.1. 17. Dr. Rafiqur Rahman, the learned C......isdiction. 40. It appears from Clause 18(1) of the tender document that the bidder is required to furnish bid security of US$ 4,00,000 as part of its bid. Admittedly every bidder furnished the bid money. And clause 18(7) provides that the bid security may be forfeited: (a) “if a bidder withdraw..

Category: Others | Date: | Hits: 153

Sk Sohrab Ali Vs. Gazi Abdur Rashid and others, 2000, 29 CLC (HCD)

....is order, with notice to the contending parties. Communicate the order to the learned Subordinate Judge, 3rd Court, Dhaka at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 598. ...... the opposite party as plaintiff instituted a suit in the 3rd Court of Subordinate Judge. Dhaka being Money Suit No.186 of 1978, praying for realisation of the sale proceeds of sales and compensation amounting to Taka 35,31,922 against the petitioner and others. 3. The defendant-petitioner contes......is order, with notice to the contending parties. Communicate the order to the learned Subordinate Judge, 3rd Court, Dhaka at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 598. ..

Category: Procedural Law | Date: | Hits: 82

Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)

....ilities, such as the present petitioner, must not be a convict, so that he can exercise his discretions and perform his functions presumably as a member of the existing Parliament, responsible to the whole nation, free from any pressure, anxiety or complexity of a convict. All they intended is that ...... shall operate only from the date when the conviction reached finality by the pronouncement of the last Court these contentions have become academic. 11. The point next argued by Mr. Nabi is of paramount importance. It is argued in the alternative that the disqualification as contemplated under A...... with observations made above. Let a copy of this judgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261...

Category: Constitutional Law | Date: | Hits: 202

Abdul Mannan Sarker (Md.) Vs. State and others, 2001, 30 CLC (HCD)

.... now pending in the Court of learned Metropolitan Magistrate, Dhaka is thus quashed. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 565. ...... now pending in the Court of learned Metropolitan Magistrate, Dhaka is thus quashed. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 565. ......2. According to the FIR lodged by the informant, the accused petitioner took Taka 1,64,000 from the informant as loan for personal need and business purpose in 3 instalments but he did not refund the money consequently and the FIR was lodged against the present petitioner. 3. The learned Advocate..

Category: Criminal Law | Date: | Hits: 43

Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)

....Rule is discharged. No order as to Costs. Order of stay granted at the time of issue of the Rule is re-called and vacated. Communicate. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 563.......t to hear and decide on the valuation of the proceeding even for the purpose of pecuniary jurisdiction by the impugned order, It was also held that whatever might be the actual price of the land, the amount stated in the deed of sale as consideration shall have to be taken as the valuation of the pr......states- 96. (3) (a) “An application made under sub-section (1) shall be dismissed unless the applicant or the applicants at the time of making it deposit in the Court the amount of consideration money or the value of the transferred holding or portion or share of the holding as stated in the no..

Category: Property Law | Date: | Hits: 68

Abu Sayed Vs. State, 2001, 30 CLC (HCD)

....he time the Sessions Judge at Pabna Send down the records of the case at once if he is not wanted in connection with any other case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 559. ......hey would get Taka 12,000 Tara Mia stated Majid told him that he would get Taka 1,000 while Farid Ali stated that the appellant told that his father got Taka 60,000 by sale of the land and out of the amount he would pay them Taka 12,000. It appears from the confessions that three confessing accused ......der of his father. But all the confessing accused stated in one voice that the appellant drove the knife through the neck of his father and then he went to the hut of his step-mother and searched for money. P.W. 4 Chand Ali, step-brother of the appellant, woke up and cried out but was threatened to ..

Category: Criminal Law | Date: | Hits: 41

Modhumala Vs. Director, Housing and Judgment Building Research Institute & others, 2000, 29 CLC (HCD)

....n scheme will not solve the problem, rather it may create further problem because becoming destitute many of the basti people may be forced to take up immoral ways of livelihood which will affect the whole society as well as the country. Another aspect need be kept in mind that ‘basti’ does n......and distressed families in the place of original abode. Under the scheme, the Krishi Bank provides for transportation of these families to their respective place of residence and offer them loan, the amount of which varied depending on their need and the occupation they want to adopt.” 12. The ...... further directed that the petitioner should not be evicted without observing the provisions of law. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 540...

Category: Property Law | Date: | Hits: 97

Abdur Razzaque Mollah Vs. Md. Qayum Mollah & others, 2001, 30 CLC (HCD)

....s of the case, we direct the parties to bear their respective costs all through. Send down the lower Court’s Record immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 535. ...... House Building Finance Corporation defendant No.3 against loan of Taka 2,00,000 for construction of residential house in the suit land and the said defendant No.3 having obtained decree for the said amount in Artha Rin Suit No.5 of 1991 against the defendant No.1, the instant suit for specific perf...... thereafter took loan of Taka 2,00,000 from the defendant No.3 (opposite party No. 2) namely, House Building Finance Corporation, Khulna by mortgaging the said disputed suit land handed over the loan money to the Contractor for the construction of his aforesaid dwelling house at Bagerhat. Later on a..

Category: Civil Law | Date: | Hits: 71

Government of Bangladesh Vs. ASM Ferojuddin Bhuiyan, 2000, 29 CLC (HCD)

....t Judge, Second Court, Dhaka in Title Appeal No.136 of 1997 are maintained. Lower Courts Record be sent as immediate as possible. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 522. ......and plaintiff-opposite party already deposited the said rents. Taka 7,27,410 had been fixed as valuation of the suit property and plaintiff was willing to purchase the property on depositing the said amount of Taka 7,27,410. 22. Plaintiff as P.W.1 gave testimony in support of plaintiffs case. He ......No.6, by his letter dated 6-8-1984 informed defendant No.5 Executive Engineer, P.W.D that the Valuation Committee determined valuation of suit property. Plaintiff expressed his willingness to deposit money as per valuation determined by Valuation Committee. Plaintiff was advised by defendant No.3, S..

Category: Property Law | Date: | Hits: 83

Nazrul Islam (Md.) and others Vs. Bangladesh, represented by the Secretary Ministry of Commerce and others, 2001, 30 CLC (HCD)

....ry, Ministry of Commerce, Government of Bangladesh, for taking necessary action in accordance with law against the delinquent officers. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 519.......ry, Ministry of Commerce, Government of Bangladesh, for taking necessary action in accordance with law against the delinquent officers. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 519.......thority and of no legal effect and why they should not be directed to complete the sale transaction in respect of the commercial premises at 25, Bangladesh Avenue, Ramna, Dhaka, on receipt of the bid money from the petitioners. 2. The case of the petitioners, in brief, is that in response to the ..

Category: Others | Date: | Hits: 96

Bengal Ceramic Industries Ltd. Vs. Chairman, Petro Bangla & others, 1984, 13 CLC (HCD)

....ule [Civil Rule No.205 (FM) of 1984] which has been heard along with the appeal, is also made absolute without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 516. ......er/bank draft, and Taka 1,36,860 by Protirokha Sonchoy Potro. This demand and mode of payment were contrary to agreement dated 19-4-77. Defendant No.2 another letter dated 8-11-83 again demanded said amount threatening disconnection of gas. Plaintiff by a letter dated 15-11-83 apprised defendant No.......een supplying gas to the plaintiffs factory which had been using and operating 20 burners till 27-11-83 and from 28-12-83 the said connection was disconnected upon the plea of non-deposit of security money Defendant No.2 by a letter dated 5-9-83 aske4 plaintiff to deposit Taka 2,02,690 out of which ..

Category: Others | Date: | Hits: 132

Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)

....27 of 1992, 28 of 1992, 29 of 1992, 30 of 1992, 32 of 1992, 31 of 1992, 34 of 1992, 35 of 1992. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 509. ...... 1922 and a local authority has also been included as person in this section and section 3 of the Act charges to tax the total income of every person and total income as per section 2(15) means total amount of income, profits or gains referred to in sub-section(I) of section (4) and sub-section (I) ......27 of 1992, 28 of 1992, 29 of 1992, 30 of 1992, 32 of 1992, 31 of 1992, 34 of 1992, 35 of 1992. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 509. ..

Category: Fiscal/Taxation Law | Date: | Hits: 86

ABM Ruhul Amin, Managing Director Vs. Bangladesh Freedom Fighters Welfare Trust and others, 1999, 28 CLC (HCD)

.... are of the view that the petitioner should be saddled with cost. In the result, the Rule is discharged with cost of Taka 5,000.00 only. Ed. This Case is also Reported in: 51 DLR (1999) 208. ......nt new offer, but it appears from the impugned letter dated 10- 10-94 (Annexure-A) that offer of the respondent No.4 made on 3-9-94 was found as the highest and he was directed to deposit the advance amount of Taka 34.20 lac. Thus it appears to us that the recommendation of that evaluation committee...... are of the view that the petitioner should be saddled with cost. In the result, the Rule is discharged with cost of Taka 5,000.00 only. Ed. This Case is also Reported in: 51 DLR (1999) 208. ..

Category: Property Law | Date: | Hits: 102