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Arif Iftekhar Ali and others Vs. Sekandar Ali Hawlader, 2002, 31 CLC (HCD)
....f the Code requires a notice to be served upon the other side before any order is passed under rule 7. But the rule does not appear to be inflexible. In an appropriate case where delay may defeat the whole purpose of the order, Court may pass such order ex parte. Of course, no hard and fast rule cou...... "In any suit in which the Court deems a local investigation to be requisite or proper for the purpose of eliciting any matter in dispute, or of ascertaining the market-value of any property, or the amount or any mesne profits or damages or annual net profits, the Court may issue a commission to su......lled and vacated, learned Joint District Judge is directed to proceed expeditiously with the proceedings pending before him. Communicate. Ed. This Case is also Reported in: 56 DLR (2004) 82. ..Category: Property Law | Date: | Hits: 26
Akhteruzzaman Chowdhury Vs. Hamidul Huq, MD, UCBL and another, 2003, 32 CLC (HCD)
.... necessary steps for holding the AGM as per direction of this court under the Chairmanship of the Chairman designate it was the bounden duty and legal obligation on the part of those two officials to wholeheartedly co‑operate with the designated chairman but from the letters issued by the Chairman......GM of the Bank as per order of this Court and reminded the contemner opposite party No. 1 that his such inaction in holding the AGM of the Bank is, in effect, violation of the order of this Court and amounts to disregarding the order of this court and this may be brought to the notice of this court ......ne amounting to Taka 2000 to be paid within one month from date, in default, each of them to suffer simple imprisonment for 15 (fifteen) days. Ed. This Case is also Reported in: 56 DLR (2004) 73...Category: Banking Law | Date: | Hits: 158
Jalal Uddin and others Vs. State, 2003, 32 CLC (HCD)
.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 69....... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 69.......under. 2. The prosecution case, in brief, is that Solema, the step‑sister of the informant, was married with accused-appellant Helaluddin with whom a civil case took, place over payment of Mohor money and maintenance for which accused Helal along with his two other brothers (appellants) tried t..Category: Criminal Law | Date: | Hits: 28
Dulal Mia (Md) Vs. State, 2003, 32 CLC (HCD)
.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 65.......of the deceased from time to time inasmuch as he was in habit of torturing the deceased for more dowry and in view of the alleged payment of dowry the prosecution has come with an allegation that the amount so paid was procured by selling a piece of land and this fact appears to have been corroborat......date. In cross, she said that she found the mother-in-law of the deceased Fultara (one of the accused) to weep, but no one else was found to weep. She frankly admitted that her mother did not pay the money through her. 14. PW 5, a neighbour of the mother of the deceased, claimed that he purchased..Category: Criminal Law | Date: | Hits: 88
Standard Bank Ltd. Vs. Tripos Engineering & Trading Company (GD) and others, 2003, 32 CLC (HCD)
....of a bill of lading with wrong date of loading placed on it by the carrier's agent was far from being a nullity and allowed the appeal of the seller against the bank. It reasoned, inter alia, "The whole commercial purpose for which the system of confirmed irrevocable documentary credits has been ......1, 2 and 3, the beneficiaries thereunder, is illegal. 3. In the plaint it is averred that defendant No. 6, Vitessee Trading (LLC) placed a purchase order for supply of ready‑made garments for an amount of US$ 1,00,000 vide a letter of credit dated 6‑2‑2001. After said letter of credit was t......is directed to make the payment under the letters of credit in question to the Premier Bank without any further delay. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 55...Category: Civil Law | Date: | Hits: 100
Quazi Faruque Ahmed Vs. M. A. Wadud and others, 2010, 39 CLC (AD)
....f the High Court Division shall remain in force till disposal of the suit. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 467.......f the High Court Division shall remain in force till disposal of the suit. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 467.......emporary injunction under Order 39 Rules 1 and 2 of Code of Civil Procedure restraining the respondents from disturbing him in his peaceful holding in the office of the Chairman and also from drawing money from the account of PROSHIKA till disposal of the suit. The learned Assistant Judge upon heari..Category: Civil Law | Date: | Hits: 75
Reaz Shahid @ Milon Vs. State, 2001, 30 CLC (HCD)
.... Taka 1,00,000 with two sureties of like amount to the satisfaction of Jananirapatta Bigna Shirishtikari Aparad Damon Tribunal, No. 2, Dhaka. Ed. This Case is also Reported in: 54 DLR (2002) 385.......pellant Reaz Shahid alias Milon, son of Shahidullah of 38, Nasiruddin Sarder Lane, Police Station-Sutrapur, Dhaka be enlarged on bail on furnishing security of Taka 1,00,000 with two sureties of like amount to the satisfaction of Jananirapatta Bigna Shirishtikari Aparad Damon Tribunal, No. 2, Dhaka....... Taka 1,00,000 with two sureties of like amount to the satisfaction of Jananirapatta Bigna Shirishtikari Aparad Damon Tribunal, No. 2, Dhaka. Ed. This Case is also Reported in: 54 DLR (2002) 385...Category: Criminal Law | Date: | Hits: 34
Karam Ali Vs. State, 2001, 30 CLC (HCD)
....committing dacoity. ‘Dacoity’ has been defined in section 391 of the Penal Code which reads as follows: When five or more persons conjointly commit or attempt to commit a robbery, or where the whole number of persons conjointly are committing or attempting to commit a robbery, and persons pre......tly commit or attempt to commit a robbery, or where the whole number of persons conjointly are committing or attempting to commit a robbery, and persons present and aiding such commission or attempt, amount to five or more, every person so committing, attempting aiding, is said to commit “dacoity......and the Honurable Chairman of the Law Commission of Bangladesh for favour of their kind perusal. Send down the lower Court records at once Ed. This Case is also Reported in: 54 DLR (2002) 378...Category: Criminal Law | Date: | Hits: 97
Ali Hossain (Md) and Other Vs. State, 2000, 29 CLC (HCD)
....ah, submits that in view of the fact that the investigation of the case was conducted by an Assistant Inspector of the DAB in contravention of section 5A of the Prevention of Corruption Act, 1947 the whole trial and the resulting conviction and sentence are illegal and without jurisdiction and, as s......count-holder Haji Asgar Ali. Thereafter two bearer cheques were deposited in the said savings Bank account No.5131 in the name of Haji Asgar Ali on different dates. Subsequently, by forged cheques an amount of Taka 93,060.00 was withdrawn from the account by false personation. Ultimately, it transpi......h the above noted LA case. Subsequently, when he was called at the office of the ADC, Narayanganj to be appraised of the foul play resorted to by accused Md. Ali Hossain in obtaining the compensation money by impersonating himself as Haji Asgar Ali, he became aware of the whole game played by accuse..Category: Criminal Law | Date: | Hits: 40
Moinuddin Ahmed alias Farook Vs. Khursheda Begum and others, 2001, 30 CLC (HCD)
....e in respect of one-third portion of schedule “Ka” property. The order of status quo earlier passed by this court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 354. ......e defendant Nos. 1-4 i.e. the sons and daughters through his first wife and also the sons and daughters of Alimuddin through the plaintiff, i.e., defendant Nos. 5-12. Though Alimuddin paid the entire amount of Taka 4, 181, 28 against the allotment of Ka schedule property made in his favour on 16-7-6......at the late Alimuddin was suffering from lung cancer and before his death on 17-3-79 in Dhaka Medical College Hospital, he stayed at Dhaka for a long time and that defendant Nos. 1-4 expended all the money for his treatment and that late Alimuddin, due to illness, lost his mental balance and accordi..Category: Property Law | Date: | Hits: 32
Ganesh Chandra Das Vs. Arati Acharjya, 2001, 30 CLC (HCD)
....d down the original records at once with a copy of this judgment to the learned District Judge, Chittagong for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)348. ......d down the original records at once with a copy of this judgment to the learned District Judge, Chittagong for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)348. ......d down the original records at once with a copy of this judgment to the learned District Judge, Chittagong for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)348. ..Category: Family Law | Date: | Hits: 186
Pubali Bank Ltd. Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
.... cost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 340.......ection 151 CPC is maintainable and that an aggrieved party may only file an appeal or an application under Order 9 rule 13 CPC for setting aside the ex parte decree by depositing half of the decretal amount as provided in section 6(2), the said Artha Rin Adalat Act in this regard. But by the impugne...... cost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 340...Category: Civil Law | Date: | Hits: 93
Shamsul Haque (Md) Vs. State, 1999, 28 CLC (HCD)
....is acquitted of the charge brought against him and he be discharged from him bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 255. ......is acquitted of the charge brought against him and he be discharged from him bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 255. ......violated his daughter Sanwara Begum against her will. He also stated that on the next day when his daughter was crying for returning home, they allured her on various pretexts of giving cosmetics and money and stopped her from returning home and requested her not to divulge the incident to anybody. ..Category: Criminal Law | Date: | Hits: 32
Kajemuddin Miah (Md) Vs. Bangladesh and others, 1999, 28 CLC (HCD)
....ting to treat all lands diluviated prior to 13th July, 1994 to have vested in the Government. There shall be no order as to cots. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 240. ......e lands of a holding or a portion of such lands are lost by diluvion, the rent of the holding shall, on application made by the tenant in the prescribed from to the Revenue-Officer, be abated by such amount as may be considered by the Revenue-Officer to be fair and equitable in accordance with the r......ting to treat all lands diluviated prior to 13th July, 1994 to have vested in the Government. There shall be no order as to cots. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 240. ..Category: Property Law | Date: | Hits: 68
....us, Mr. M K Rahman contended that the ominous assassination of the Founding Father of the Nation by a small bunch of disoriented and ambitious soldiers, came as the first hurdle on our way to achieve wholesome test of democracy, which, as saint Abraham Lincoln pronounced is, by, for and of the peopl......r 1984, Kala Miah along with his son was busy in selling spices in the market. During the period of intermission Kala sent his son off to their residence to fetch lunch items. His son was carrying an amount of Tk.1500. An hour afterward, one of the accused persons named Nur, cited in the FIR, appro......gh, causing a boom in Pakistan’s economy. The Eastern part, however, hardly gained much from this jute oriented affluence. Enormous development projects were undertaken in the Western part with the money jute fetched, while the people in the Eastern part kept regressing towards poverty. At that ju..
Category: Constitutional Law | Date: | Hits: 482
Shan Hosiery Vs. Bangladesh Jatiya Shamabaya Shilpa Samity Ltd and others, 2002, 31 CLC (HCD)
....th the suit in accordance with law. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 291.......th the suit in accordance with law. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 291.......resettled rate of rent of Taka 30,001 and on further deposit of Taka 90,610. It was also stipulated that in case the plaintiff did not renew the lease further the defendants would refund the security money and on their failure to refund said money, the plaintiff would be entitled to continue as such..Category: Property Law | Date: | Hits: 31
Selim (Haji Md) Vs. Collector of Customs and others, 2001, 30 CLC (HCD)
....t thinks fit to impose, by notification in the official gazette, exempt any goods imported into, or exported from (Bangladesh), or into or from any specified port or station or area therein, from the whole or any part of the customs-duties chargeable thereon.” (2) An exemption granted under sub......he questioned item by the Annexure ‘E’ which is a subsequent SRO fixing customs duty at the rate of 30% which was earlier fixed at the rate of 15% by SRO Annexure ‘D’ by way of decreasing the amount of exemption and in support of his submission, Mr. Ali, the learned Additional Attorney-Gener......r the reasons and discussions made above, we find no merits in these Rules. In the result, the Rules are discharged. No order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 287...Category: Fiscal/Taxation Law | Date: | Hits: 62
Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)
.... this 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: 54 DLR (2002) 285.......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......- 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 the 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: 28
Shaikh (Md) Obaidullah Raihan Vs. Sayed Shahidul Haque Jamal and others, 2002, 31 CLC (HCD)
....tion of disqualification and for the reason mentioned earlier, the Rule is liable to be struck out. In the result, the Rule is struck out. Ed. This Case is also Reported in: 54 DLR (2002) 280.......ember of Parliament on the date of filing of nomination paper because the respondent No.5 Sonali Bank obtained a decree in Title Suit No.181/90 against the respondent No.1 and two others and decretal amount still remained unrealised and as he was a defaulter, he was disqualified from being elected a......tion of disqualification and for the reason mentioned earlier, the Rule is liable to be struck out. In the result, the Rule is struck out. Ed. This Case is also Reported in: 54 DLR (2002) 280...Category: Election Law | Date: | Hits: 88
....ithin 4 years of the end of the year in which the tax in respect of which the refund is claimed was paid’.
6. From the above quoted provisions we find that every manufacturer, producer, licensed wholesaler and exporter is required under section 10 to file a return of sales in the prescribed for......stries (Electrical), a licensed importer and manufacturer of electrical cables and other similar product, imported PVC compound in the assessment years 1975-76 and 1976-77 as per law and rules and an amount of Taka 1,78,866.00 and Taka 4,20,246.00 respectively thus totaling an amount of Taka 5,99,11......epartment but the customers who may insist upon the assessee refunding the amount so collected in excess to the customers concerned but the “department cannot arrogate to itself the right to retain money which is not due to it.”
10. The facts of the above case being different and distinguisha..
Category: Fiscal/Taxation Law | Date: | Hits: 69
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