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Protima Sen and others Vs. Chitra Rani Dey and another, 1999, 28 CLC (HCD)
....of the order of the Court. Communicate the order to the learned Court below immediately for his information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 218. ......al Court the plaintiff petitioners on 10-4-97 filed an application before the learned Subordinate Judge praying for determination of the value of the 1/3rd share of the Suit property out of the total amount of Taka 2,80,000.00 as the price of the entire suit property shown in the impugned sale deeds......of the order of the Court. Communicate the order to the learned Court below immediately for his information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 218. ..Category: Property Law | Date: | Hits: 42
Tanveerul Haque Vs. Unistar Shipping Limited and ors., 1999, 18 CLC (HCD)
....the plaint no where it has been mentioned that because of the negligence or failures of the Group B shareholder the companies suffered loss of Taka 17,39,780.70 as claimed and reading the plaint as a whole, it appears that the Group-B shareholders in the present suit are being asked to contribute to......Both the companies suffered loss to the extent of Taka 62,70,802.00 and after adjustment of Taka 10,00,000.00 which was taken from the plaintiff No.2, by its Chairman Mr. Md. Iqbal, total liabilities amounted to Taka 52,70,802.00 and accordingly, the liabilities of the Group ‘B’ share-holders, w......9,890.87 to the plaintiff No.2 up to the date of the cessation from their Directorship and they would be given notice to pay the same and if they fail to pay, legal steps will be taken to realise the money and in terms of the said resolution, Mr. Muhammad Iqbal who was the Chairman of the Board of D..Category: Company Law | Date: | Hits: 197
Kalandiar Kabir Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....d that the detenu should be detained under section 3(2) of the Special Powers Act, 1974. It appears to us that Mr. Islam only considered the first portion of that paragraph but not the paragraph as a whole. To consider this question the same paragraph is quoted below: “উপরোক্ত অ...... over the self same facts, a regular criminal case has been started with specific allegations under some sections of the Penal Code, the detention cannot be continued and this, according to him, will amount to two parallel prosecutions. Exactly on this question, there are three decisions of this cou......ntral Jail, Dhaka is being held in custody without any lawful authority and he be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (2002) 258. ..Category: Constitutional Law | Date: | Hits: 195
Bashiruddin (Md) Vs. Bangladesh and others, 1999, 18 CLC (HCD)
....t of the petitioner is not a merited one. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 201.......ed 28-9-1994 (at Annexure-D to the petition) having found petitioner’s bid higher than the other bid made in the schedule accepted petitioner’s bid; that thereupon petitioner deposited the entire amount of the bid money and that thereafter lease deed was executed in the name of the petitioner by......nnexure-D to the petition) having found petitioner’s bid higher than the other bid made in the schedule accepted petitioner’s bid; that thereupon petitioner deposited the entire amount of the bid money and that thereafter lease deed was executed in the name of the petitioner by the Collector and..Category: Property Law | Date: | Hits: 33
Mahbubul Huq (Md) Vs. Md. A Kader Munshi & others, 1999, 18 CLC (HCD)
....ther tried to level the case of the defendants set up in Title Suit No. 45 of 1984 as a case of the plaintiff which is untrue and incorrect. 19. From reading of the plaint of the present suit as a whole and from reading of the judgment passed by the trial Court in Title Suit No. 45 of 1984 it cle......e copy of this judgment and order. The office is hereby directed to send a copy of this judgment to the trial Court at the earliest. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 194.......e copy of this judgment and order. The office is hereby directed to send a copy of this judgment to the trial Court at the earliest. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 194...Category: Property Law | Date: | Hits: 64
Khorshed Alam (Md) Vs. Subordinate Judge and Artha Rin Adalat No. 1 and others, 2001, 30 CLC (HCD)
....date. Let a copy of this judgment be served upon Mr. Mahbubul Islam, the Judge-in-Charge (now Joint District Judge) for future guidance. Ed. This Case is also Reported in: 54 DLR (2002) 239. ......,787.50 in Mortgage Suit No. 138 of 1991 against the Mobarak Re-rolling Mills and thereafter filed Mortgagee Execution Case No. 6 of 1997 in the aforesaid court. 3. For the realisation of decretal amount by sale of the mortgage properties auction sale notices were duly published and auction sale ......00 and prayed for acceptance of the offer of the petitioner and the respondent No. 1 i.e. executing Court, by order dated 18-8-99 allowed the application and fixed 30-11-99 for depositing the auction money and for further order. The respondent No. 1 also requested the petitioner to deposit auction m..Category: Civil Law | Date: | Hits: 76
Abdus Salam Vs. Md. Munshi Rashed Kamal & another, 2002, 31 CLC (HCD)
....lised shall be paid to the holder. (3) Notwithstanding anything contained in sub-sections (10) and (2) the holder of the cheque shall retain his right to establish his claim through Civil Court if whole or any part of the value of the cheque remains unrealised. 9. It is also argued by the lear......ly from the complainant opposite party on 25-10-1999 for three months only. This transaction was made in the office of the opposite party No.1. But the accused petitioner did not return the said loan amount within the time despite repeated reminders made by the complainant-opposite party. Subsequent......ount. 138. (1) Dishonour of cheque for insufficiency, etc. of funds in the account.— where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account 3* * * is returned by the bank unpaid, either becau..Category: Criminal Law | Date: | Hits: 62
Elders Ltd. Vs. Sunil Chandra Chowdhury & another, 2002, 31 CLC (HCD)
.... sentence him to pay fine of Taka 2,000 (two thousand) only and in default to suffer simple imprisonment for a period of 15 (fifteen) days. Ed. This Case is also Reported in: 54 DLR (2002) 227. ......dated 16-9-2001 passed by the contemner has obliterated the Trade Mark Application No. 1 of 2001 and many other cases pending between the petitioner and the said company and effect of this order that amounts to contempt of Court inasmuch as it obstructed the course of justice. In support of his cont...... sentence him to pay fine of Taka 2,000 (two thousand) only and in default to suffer simple imprisonment for a period of 15 (fifteen) days. Ed. This Case is also Reported in: 54 DLR (2002) 227. ..Category: Intellectual Property Law | Date: | Hits: 181
Santi Bhusan Deb Vs. Principal Officer, Samabaya Bank Ltd., 2001, 30 CLC (HCD)
....e affirmed. The order of stay granted by this Court stands vacated. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 224. ......nt bank under a deed of agreement. He then deposited Taka 12000 as an advance in terms of the agreement on condition that Taka 62.50 i.e. 50% will be adjusted as rent from the advance and the balance amount of Taka 6000 will remain as deposit and rent of each month will be paid within 7 days of the ......yment of rent in terms of the agreement and, as such, no rent would be accepted from him. In response to that notice, the petitioner-respondent sent a legal notice on 27-6-1992 along with the rent by money order but the opposite party-appellant bank did not receive the same. Thereafter, the petition..Category: Property Law | Date: | Hits: 34
Pubali Bank Vs. Kalaroa Ice and Cold Storage Ltd. Kalaroa, Satkhira and others, 2000, 29 CLC (HCD)
....ed and the learned Subordinate Judge is directed to dispose of the aforesaid money execution cases in terms of the observation as made above. Ed. This Case is also Reported in: 54 DLR (2002) 217.......7 for Taka 35,000 subsequently, the petitioner having failed to trace out any other properties for the opposite parties filed Money Execution Case No.12 of 1990 praying for realisation of the balance amount of Taka 786267.86 along with cost of Taka 1458950 by way of civil imprisonment of the opposit......0 by way of civil imprisonment of the opposite parties. Thereafter, in both Money Execution Case Nos.11 and 12 of 1990 the learned Subordinate Judge passed the impugned orders rejecting the aforesaid money execution cases on the ground that in their affidavit the petitioner admitted that they hold s..Category: Civil Law | Date: | Hits: 82
Sukurjan Bibi Vs. Chairman, Court of Settlement, Dhaka, 2001, 30 CLC (HCD)
.... accordance with law after giving reasonable opportunity to the parties of being heard and also adducing evidence both oral and documentary. Ed. This Case is also Reported in: 54 DLR (2002)215. ...... accordance with law after giving reasonable opportunity to the parties of being heard and also adducing evidence both oral and documentary. Ed. This Case is also Reported in: 54 DLR (2002)215. ....... The said allottee took possession of the land and constructed houses thereon and lived there and paid the entire premium of the lease to the Government. Thereafter, the said allottee was in need of money and contracted to sell the above land to the petitioner on 14-2-1971 and executed an agreement..Category: Property Law | Date: | Hits: 37
State Vs. Moslem, 2002, 31 CLC (HCD)
....ter. Condemned Prisoner Moslem was driving rickshaw of PW 2. Informant PW 1 and PW 2 had a deaf and dumb daughter named Salma aged about 7 years. Condemned Prisoner felt deep attachment of Salma, the whole Purpose being to satisfy sexual appetite. Minor girl Salma would, also, feel comfort in the co......ation. This contention had been countered from the side of State that no discrepancy, not to speak of contradictions, occurred in the testimony of Informant PW 1 and PW 2. 41. Discrepancies do not amount to contradictions. Discrepancies have to be distinguished from contradictions. Contradiction ......upon condemned prisoner is maintained and Death Sentence imposed upon him is confirmed. Sentence shall be executed ill accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 116. ..Category: Criminal Law | Date: | Hits: 82
....in favour of the applicant.
Accordingly this reference is answered in the negative and the parties are left to bear their own costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 170....... certain expenses in the profit and loss account and added them to the profit disclosed. The Deputy Commissioner of Taxes disallowed Taka 2,04,750.00 in the Survey Work Account. Further disallowed an amount of Taka 4,93,930.00 in the Special Consultancy Survey Account and finally disallowed another ......in favour of the applicant.
Accordingly this reference is answered in the negative and the parties are left to bear their own costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 170...
Category: Fiscal/Taxation Law | Date: | Hits: 65
Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)
....oration in Reference Application Nos. 27/92, 28/92, 29/92, 30/92, 31/92, 32/92, 34/92, 35/92 and 36/92. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 202....... 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) ......oration in Reference Application Nos. 27/92, 28/92, 29/92, 30/92, 31/92, 32/92, 34/92, 35/92 and 36/92. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 202...Category: Fiscal/Taxation Law | Date: | Hits: 94
Muslim (Md) Vs. Abdul Motaleb and others, 2001, 30 CLC (HCD)
....oint property, it is not open to one of them to disturb that arrangement without the consent of the others. In law each joint owner of an estate is regarded as having a joint proprietary right in the whole estate. This is merely a right and should not be confounded with the manner of enjoying that r......ut where co-owners, by arrangement, either tacit or express, take up exclusive possession and enjoy of different parcels of the joint property, without such division or severance of interest as would amount to partition the Court will not interfere with the arrangement at the instance of one owner d......ored. The order of status quo in respect of the possession granted earlier by this Court is vacated. Send down the lower Court records. Ed. This Case is also Reported in: 54 DLR (2002) 196...Category: Property Law | Date: | Hits: 33
Hossain Vs. Customs, Excise and VAT Appellate Tribunal and others, 2001, 30 CLC (HCD)
....racted finishing agent according to the letter of credit or to have the country’s hard-earned foreign currency refunded to the appellant. Ed. This Case is also Reported in: 54 DLR (2002) 193. ......Hossain, Proprietor of the National Bag Traders opened a letter of credit No. MYB/PB/ Cash/214/ 2000 dated 6-8-2000 through Mutual Trust Bank Ltd. having its principal branch at 7-8, Motijheel for an amount of US $ 45,936 for import of finishing agent from Korea. The appellant received invoice dated......racted finishing agent according to the letter of credit or to have the country’s hard-earned foreign currency refunded to the appellant. Ed. This Case is also Reported in: 54 DLR (2002) 193. ..Category: Fiscal/Taxation Law | Date: | Hits: 70
Mahmudul Huq Vs. Mostafa Kamal and others, 2010, 39 CLC (AD)
....ter public interest must prevail upon individual interests. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 431.......6.09.2001. Subsequently first corrigendum to the said tender notice was published on 24.09.2001 in the aforesaid Daily amending the provisions concerning earnest money at the rate of 5% of the quoted amount instead of fixed amount of Tk.27.00 lacs. Pursuant to the said tender notice the petitioner p...... 1.30 P.M. on the same dated i.e. on 26.09.2001. Subsequently first corrigendum to the said tender notice was published on 24.09.2001 in the aforesaid Daily amending the provisions concerning earnest money at the rate of 5% of the quoted amount instead of fixed amount of Tk.27.00 lacs. Pursuant to t..Category: Others | Date: | Hits: 81
....
Let a copy of this order be communicated to the Superintendent of Dhaka Central jail for compliance.
Syed Fazle Ahmed J. - I agree.
Ed.
This Case is also Reported in: 40 DLR (1988) 193.......rospective effect.
3. On behalf of the State an affidavit-in-opposition was submitted stating that the petitioner's husband committed prejudicial act having intentionally failed to re-pay a huge amount of loan affecting the financial interest not only of the Shilpa Bank but also of the State an......
Let a copy of this order be communicated to the Superintendent of Dhaka Central jail for compliance.
Syed Fazle Ahmed J. - I agree.
Ed.
This Case is also Reported in: 40 DLR (1988) 193...
Category: Banking Law | Date: | Hits: 151
Ratan Kha @ Rattan & Others Vs. State, 1988, 17 CLC (HCD)
....de is affirmed, but they are acquitted of the charge under section 397 of the Penal Code. Send down the records immediately. Ed. This Case is also Reported in: 40 DLR (1988) 186. ......de is affirmed, but they are acquitted of the charge under section 397 of the Penal Code. Send down the records immediately. Ed. This Case is also Reported in: 40 DLR (1988) 186. ......he dacoits took the informant and his daughter P.W. 3. Rasheda Begum to the first floor of his homestead taking there a burning lantern from the ground floor. They continued to beat the informant for money. P.W. 3 Rasheda Begum gave the dacoits Tk. 100/-. His other daughter P.W. 2 Rawshan Ara Begum ..Category: Criminal Law | Date: | Hits: 49
State Vs. MA Monir & Others, 1987, 16 CLC (HCD)
....ouble. In that view of the matter, we condone the non-appearance of contemner Nos. 2 and 4. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 183.......as the accredited agents of the Judges of Bangladesh in prosecuting their dishonest pursuits. The learned Additional Attorney General submits that this is gross contempt of Court and he finds that no amount of interpretation is available to detract from the plain meaning of the words employed in the......ouble. In that view of the matter, we condone the non-appearance of contemner Nos. 2 and 4. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 183...Category: Criminal Law | Date: | Hits: 35
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