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Md. Nurul Islam Vs. Artho Rin Adalat and others, 2010, 39 CLC (AD)
.... of 2001 but the Rule was discharged on 20.02.2008. In due course, a review petition was filed being the Writ Review Petition No. 5 of 2008 and a rule was issued on 29.07.2008 upon the respondent-bank. In the meantime, an execution case being the Artho Zari Suit No. 57 of 2008 was filed against ......he circumstances, we find no substance in the submission of the learned Advocate for the petitioner. As such, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 642...Category: Civil Law | Date: | Hits: 115
.... preparation of paper books is dispensed with as prayed for.
The order of stay granted earlier is extended till disposal of the appeal.
Ed.
This Case is also Reported in: VII ADC (2010) 631.......he High Court Division as well as the Court of Appeal below erred in law in discharging the Rule on non-reading and misreading of material evidence on record and on misconstruction of the important documents in the C.S. Khatian Ext.1 which is mentioned as shashan, as such, the mere recording of ..
Category: Property Law | Date: | Hits: 27
Commissioner of Taxes Vs. Aleaf Enterprise, 2001, 30 CLC (HCD)
....n accordance with law. The result, therefore, is that the question raised is answered in the affirmative. There be no order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 471. ......e Tax Ordinance the assessee M/s Aleaf Enterprise appeared before the Deputy Commissioner of Taxes through its authorised representative and the Deputy Commissioner of Taxes examining the appeals and documents computed the total income of the assessee at Taka 1,3,494. The assessee respondent being a..Category: Fiscal/Taxation Law | Date: | Hits: 55
Pubali Bank Ltd. Vs. Md. Mamunur Rahman and Another, 2001, 30 CLC (HCD)
....endant No.1 although repaid some amounts of money towards liquidation of its loan liabilities from time to time but since 24-6-1986 did not make any repayment towards its loan. As such, the plaintiff bank was constrained to file this suit for recovery of Taka 16,45,750 as on February 1988, against d......lso stated that Md. Mamunur Rahman mortgaged his properties mentioned in the second Schedule to the plaint in favour of the bank. Besides, he proved the DP Note, letter of continuity and other charge documents executed by him and the defendant No. 2 in favour of the plaintiff bank. Those were marked..Category: Civil Law | Date: | Hits: 79
....dated 25-10-1999 Annexure A to the Writ Petition is hereby declared to have been made without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 54 DLR (2002) 448.......ot filed any document in his contention.
8. It is sufficiently found that the petitioner has acquired valid title and possession over the land in question. The petitioner has produced all relevant documents in support of her claim over the land question.
9. The petitioner has also produced cop..
Category: Property Law | Date: | Hits: 22
Moniruzzaman (Md.) Vs. ANM Didar-e-Alam and others, 2002, 31 CLC (HCD)
.... he defaulted to make payment of the dues deliberately and deprived him from his legal dues and thus cheated him, inasmuch as he issued the cheque without making arrangement of sufficient fund in his bank account. The learned Magistrate examined the petitioner on oath and took cognizance under secti......e a civil liability and, as such, the proceeding itself is an abuse of the process of the Court and the same should be quashed for ends of justice. By subsequent supplementary affidavit he filed some documents showing that accused petitioner has re-paid Taka 50.000 complainant as per order of the co..Category: Criminal Law | Date: | Hits: 29
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2001, 30 CLC (HCD)
.... impugned Judgment and decree calling for interference by the Court. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 440.......ttorney was fraudulent, forged and fabricated. The plaintiffs were never the inhabitants of Tripura state and now on the departure of the Hindu owners they have created fabricated and forged exchange documents to grab the suit ‘A’ scheduled properties without having any right, title and possessi..Category: Property Law | Date: | Hits: 23
Sarwar Garments Ltd. Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....urse utilised those goods for manufacturing garments and thereafter they have exported the same to foreign country through back to back LIC and the sale proceeds have also been timely received by the bank and the same has been credited to the account of the petitioner Company. In support of their co......e Customs Act, and also why penal action shall not be initiated against the petitioner under sections 156(1), (14), (61), (62), (90). 6. The petitioner Company in the Writ Petition annexed various documents to establish the fact that after importation of the disputed goods by the petitioner they ..Category: Fiscal/Taxation Law | Date: | Hits: 63
Ferdousi Islam Vs. Nur Mohammad Kha and others, 2000, 29 CLC (HCD)
.... is set aside. The trial Court is directed to proceed with the trial in accordance with law from the stage before passing the impugned order. Ed. This Case is also Reported in: 54 DLR (2002) 418.......mpugned order has been passed by the learned Additional Sessions Judge without complying with the requirement of section 265C of the Code inasmuch as he did not consider the record of the case or the documents sent therewith and passed the order on extraneous matters. The further submission is that ..Category: Criminal Law | Date: | Hits: 33
Osi Meah Sowdager Vs. Tulsidham Akherar Madan Mahan Narasingha and others, 2002, 31 CLC (HCD)
....District Chittagong belonged to the plaintiff Deity and it has been correctly recorded in his name in the RS and PS khatians as a pond—Exts. 1 and 1(A) respectively. The suit land is a pond and its banks. The plaintiff has been owning and possessing the same in his own right, till he was disposses......ll-reasoned and well-supported by the evidence record. The learned District Judge as well as the learned Subordinate Judge duly applied their judicial mind into the material evidence and the material documents of the defendant, viz Ext A (1) Exts. B and B (1), on which the defendant relies, and disc..Category: Civil Law | Date: | Hits: 69
Abdul Mannan Miah Vs. Md. Salaiman Miah, 2000, 29 CLC (HCD)
....ned trial Court is directed to dispose of the suit expeditiously preferably within three (3) months from the date or receipt of this judgment. Ed. This Case is also Reported in: 54 DLR (2002)394....... of the petitioner and so the petitioner had no prima facie case. The petitioner moved Pakistan Supreme Court and at the time of hearing before the Supreme Court both sides wanted to produce some new documents but the Supreme Court held that since the court was examining the correctness of the decis..Category: Intellectual Property Law | Date: | Hits: 200
Managing Director, Bangladesh Krishi Bank Vs. Gopal Chandra Nath and others, 2010, 39 CLC (AD)
....nal suffers from no error of law calling for interference by this Court and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 494.......nal suffers from no error of law calling for interference by this Court and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 494...Category: Administrative Law | Date: | Hits: 258
Zahid Hossain @ Paltu and others Vs. State, 2002, 31 CLC (HCD)
....k to Halta by launch for tracing out the whereabouts of the boat. Shukkur went on foot and reached home at about 4.00 PM and informed that the boat of Sattar Dakua was found sunken near the eastern bank of river by the side of a brick field of Haji Adam Ali at Char Aicha tied up with rope. On rece......n that case. He also stated that he does not know if Nurul Haque filed GR No. 761 of 1970 against his father. But we find from the statement of Helal made under section 342 Cr.P.C. that he filed some documents in support of the above. This Court by an order dated 7‑6‑90 called for those papers f..Category: Criminal Law | Date: | Hits: 35
Uttara Bank Ltd. Vs. Ali and Co. and another, 2000, 29 CLC (HCD)
....and Artha Rin Adalat, 2nd Court, Dhaka passed in Cross Money Suit No. 1 of 1994 allowing the appeal. 2. Both the appeals are disposed of by this Judgment. 3. The case of the plaintiff appellant-bank is that the defendant-respondent No. 1 is a firm of which defendant-respondent No. 2 is its pro......a 1,50,000. The defendant availed of the loan facilities amount from the plaintiff bank and was carrying on business. The defendants in order to secure the loan amount had signed the necessary charge documents and deposited the same with the plaintiff-bank. The defendants did not repay the loan mone..Category: Civil Law | Date: | Hits: 101
Zakir Hossain and another Vs. State, 2002, 31 CLC (HCD)
....the informant Moslem who then went out of the house and saw that accused namely Zakir, Suruj and Sadek were going away by the west of the tank. Then Muslim went forward and saw in a ditch on the west bank of the tank his minor son Shamim in critical condition with injury on neck (throat). He lifted ...... and sentence dated 20‑1‑92 by trial Court against appellants Zakir Hossain and Suruj Miah be accordingly upheld. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 137...Category: Criminal Law | Date: | Hits: 34
Zakir Hossain Munshi Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....o be refunded to the petitioner forthwith. In the result, the Rule is made absolute in the foregoing terms without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 130. ......this regard before this court at 10‑30 AM on 29‑11-1999. But no record was ever produced in obedience to the said direction. Even during the hearing of the Rule this court desired that relevant documents/ papers be produced showing that GrameenPhone was empowered and within its right under the..Category: Information Technology Law | Date: | Hits: 217
Hajee Abul Hossain and others Vs. Md. Amjad Hossain and others, 2010, 39 CLC (AD)
....le in the suit lands. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 436, 15 MLR (AD) (2010) 485, 8 LG (AD) (2011) 10.......e Court was whether the trial Court was justified in holding so. H. Rahman J. speaking for the Supreme Court answered the point as under: "The Code of Civil Procedure provides for the admission of documents and it is now well settled that if objection to the formal proof of a document has not bee..Category: Property Law | Date: | Hits: 36
Janata Insurance Company Ltd. Vs. M/s. Islam Steel Mills Limited and another, 2010, 39 CLC (AD)
....ut any order as to costs. This judgment would govern ail the appeals. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 478, 7 LG (AD) (2010) 208, 63 DLR (AD) (2011) 5, VIII ADC (2011) 932. ......ut any order as to costs. This judgment would govern ail the appeals. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 478, 7 LG (AD) (2010) 208, 63 DLR (AD) (2011) 5, VIII ADC (2011) 932. ..Category: Business or Commercial Law | Date: | Hits: 212
Nasir Howlader Vs. State, 2004, 33 CLC (HCD)
.... of the prosecution is as follows:- On 16‑2‑1995 at about 1:00 PM while deceased Moshiur Rahman was preparing to take bath in the water of the canal, keeping his working material spade on the bank in front of the house of Abdul Mannan Howlader, the accused Nasir Howlader and others were cros...... Judge, Bagerhat is hereby affirmed. Let a copy of this judgment along with lower court's record be sent to the concerned court at once. Ed. This Case is also Reported in: 56 DLR (2004) 151. ..Category: Criminal Law | Date: | Hits: 30
Abul Kashem and others Vs. State, 2003, 32 CLC (HCD)
....ereafter, accused Abdu Mia, Moti Mia, Kashem, NMI, Ruhul Amin, Nowab Mia, Humayun started running to the west. This witness and Halim also started going after them. But while they reached the western bank of the tank to the south‑east of the house of accused Nabalak Mia accused Jalil, Hashem, Shah......thwith. Convict appellant Anwar Hossain Pintu alias Anwar Hossain may therefore; be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 132...Category: Criminal Law | Date: | Hits: 39
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