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Ezahar Sepai Vs. The State, 1987, 16 CLC (HCD)
....e result, the appeal is dismissed. The appellant is directed to surrender to the bail bond to serve out the remainder of the sentence. Ed. This Case is also Reported in: 40 DLR (1988) 177. ...... say (1) if the medical officer who made the report is dead (2) or he is incapable of giving evidence (3) or if he is beyond the limits of Bangladesh and his attendance cannot be procured without any amount of delay, expense or inconvenience which under the circumstances of the case, would be unre......e result, the appeal is dismissed. The appellant is directed to surrender to the bail bond to serve out the remainder of the sentence. Ed. This Case is also Reported in: 40 DLR (1988) 177. ..Category: Criminal Law | Date: | Hits: 93
Harun-or-Rashid Talukder Vs. District Manager, Pubali Bank, Jamalpur, 1988, 17 CLC (HCD)
....e acquires a title to the property. Both Section 64 and Order 21 Rule 64 C.P.C. make it quite clear that if a person purchases a property under attachment without permission from the Court then the whole transaction is void. The attached properly is liable to sale notwithstanding the unauthorise...... complainant and the appellant differs. The complainant contends that during the pendency of Money Execution Case No. 4 of 1982 in which the petitioner bank prayed for realisation of the decretal amount by sale of the attached property, namely, plot No. 1489 of mouza Chandra comprising an area o......event the bank will not take any legal action against the appellant. But the appellant did not comply with that request. Thereafter a legal notice was served on the appellant demanding the bank's money within a certain period failing which the matter would be referred to the Bar Council for prof..Category: Others | Date: | Hits: 72
....d any failure of justice. We find no merit in the contention of the learned Advocate-on-Record. The petition is, therefore, dismissed.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 421.
......ance of contract in respect of the suit land, contending inter alia that the defendant entered into a contract for sale of the suit land at a consideration of Tk.75,000/- and on receipt of an advance amount of Tk.50,000/- executed a deed of contract on 11th December, 1996 on condition that the defen......allenge the execution of the deed of contract for sale by filing written statement, and since the plaintiff's evidence in support of the execution of the contract for sale, the payment of the advance money and the offer of the balance consideration money remain uncontroverted, the learned Assistant ..
Category: Procedural Law | Date: | Hits: 68
Banesa Bibi Vs. The Senior Vice-President and others, 2009, 38 CLC (AD)
.... accordance with law and no interference is called for. The petition is accordingly dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 160, 18 BLT (AD) (2010) 507, 8 LG (AD)(2011) 55.......07 registered with Gulshan Sub-Registration Office. The petitioner being a lady had no knowledge about auction process i.e. the alleged demands made by the bank for adjustment of the outstanding loan amount, the publication of notice under Section 12 of the Artha Rin Adalat Ain. 2003 for sale of the...... accordance with law and no interference is called for. The petition is accordingly dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 160, 18 BLT (AD) (2010) 507, 8 LG (AD)(2011) 55...Category: Civil Law | Date: | Hits: 81
....mmissioner of Taxes Vs. Ghaus-i-Pak-Azam Welfare Trust, reported in 36 DLR (AD) 166. In that case it has been observed in paragraph 12 to the following effect:
17. Reading sub-section (3) as a whole it is found clearly that though, in general, income from property held in trust wholly for rel......bay, the assessee the All India Spinners Association was formed as an unregistered association for development of hand spinning and hand weaving for relief of poverty, when there was a surplus in the amount realised by the sale of cloth such surplus was utilised in the same manner as other funds of ......le of Bangladesh through assistance to small and cottage industries and to groups or individuals promoting them on a strictly non-profit basis.
(xv) To borrow or raise or secure the payment of money in such manner as the society shall determine from time to time and generally to borrow money ..
Category: Fiscal/Taxation Law | Date: | Hits: 65
.... and order of the trial Court are affirmed. We direct that the parties will bear their own costs.
Send down the LCR, if any, immediately.
Ed.
This Case is also Reported in: 54 DLR (2002) 161.......jdhani Unnayan Kartripakkha was unwilling to submit to the jurisdiction of opposite party No.2.
3. The plaintiff-opposite party No.1 raised a dispute before the defendant-petitioner by claiming an amount of Taka 4,68,11,000 but the defendant- petitioner did not give any attention to the claim mad......dge was pleased to pass the impugned Order No.14 dated 7-5-2000 and rejected the written objection holding that the same is barred by Article 158 of the Limitation Act and for not depositing security money as per provision of section 32 of the Arbitration Act of 1940 inserted by the Law Reforms Ordi..
Category: Alternative Dispute Resolution | Date: | Hits: 196
Barrister Ziaur Rahman Khan Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....l call such meetings to meet the contingencies and the meetings thus called will take decisions as per clause (4) of Annexure ‘C’. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 164. ......l call such meetings to meet the contingencies and the meetings thus called will take decisions as per clause (4) of Annexure ‘C’. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 164. ......ngs of the Thana Parishad Co-ordination Committee without consulting the petitioner or even informing him of the same and thus many resolutions have been passed in his absence for the distribution of money and relief materials. 5. Upon receiving the aforesaid information the petitioner enquired f..Category: Administrative Law | Date: | Hits: 462
Ahsan Karim Jinnah Vs. Meghna Insurance Company Limited & others, 1999, 28 CLC (HCD)
.... by rectifying its register of members. In view of the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 160. ......of shares (Form 117) showing transfer of the said 10,000 shares of the petitioner contained the signature of the petitioner as the transferor and the respondent Nos. 2 to 7 as the transferees and the amount of consideration money is also mentioned therein. Petitioner denies the transfer of the afore......wing transfer of the said 10,000 shares of the petitioner contained the signature of the petitioner as the transferor and the respondent Nos. 2 to 7 as the transferees and the amount of consideration money is also mentioned therein. Petitioner denies the transfer of the aforesaid 10,000 shares on th..Category: Company Law | Date: | Hits: 203
Alamgir (Md) Vs. Habea Begum, 1999, 28 CLC (HCD)
....he impugned order dated 29-6-98 passed by the learned District Judge, Cox’s Bazar in Miscellaneous Appeal No.6 of 1998 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 157. ...... Assistant Judge and Family Court, Kutubdia, Cox’s Bazar being Family Court Suit No. 3 of 1984, claiming dower and maintenance and ultimately obtained a decree therein on contest on 28-11-94 for an amount of Taka 10000.00 as dower and Taka 11,800.00 as maintenance. Subsequently, on the prayer of t...... on the ground of hardships whereupon the learned Family Court by his order dated 5-2-98 revised his earlier order and directed the judgment-debtor petitioner to pay Taka 30,000.00 at a time as dower money and to pay Taka 10000.00 per month for the balance of the decretal dues. 3. Being aggrieved..Category: Family Law | Date: | Hits: 155
Nazim Habibuzzaman Vs. World Bank & others, 2001, 30 CLC (HCD)
....ble to be rejected in limine. In the result, the appeal is dismissed but without any order at to cost. Send down the records forthwith. Ed. This Case is also Reported in: 54 DLR (2002) 159.......ble to be rejected in limine. In the result, the appeal is dismissed but without any order at to cost. Send down the records forthwith. Ed. This Case is also Reported in: 54 DLR (2002) 159.......ble to be rejected in limine. In the result, the appeal is dismissed but without any order at to cost. Send down the records forthwith. Ed. This Case is also Reported in: 54 DLR (2002) 159...Category: Others | Date: | Hits: 79
M Tariqullah Sikder Vs. Sonali Bank, 2005, 34 CLC (HCD)
....-4-2002 and 25-4-2002 passed by the court below are affirmed. Civil Rule No. 705(F)/2003 be accordingly, discharged. Copy be sent down. Ed. This Case is also Reported in: 59 DLR (2007) 695. ...... but subsequently through amendment provision was inserted for such relief under Order IX, rule 13, Code of Civil Procedure to set aside ex parte judgment and decree on deposit of 50% of decretal amount. He submits that in the face of above provision and scope under Artha Rin Adalat Act itself s......d that Sonali Bank as plaintiff filed Civil Suit No. 254/2001 in the Court of Joint District Judge, and Artha Rin Adalat No. 1 Dhaka against M Tariqullah Sikder as defendant for realisation of loan money from him with interest. Said suit was decreed ex parte on 18-4-2002 by Artha Rin Adalat No. 1 ..Category: Civil Law | Date: | Hits: 92
....and are of no legal effect.
The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 59 DLR (2007) 690....... regularly but surprisingly, the respondent No. 2 issued bills dated 30-7-1996 and 1-8-1996 directing the petitioner for making payment of the supplementary electricity bills by way of penalty for an amount of Taka 12,19,191 which was done in violation of section 26(6) of the Electricity Act, 1910 a......and are of no legal effect.
The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 59 DLR (2007) 690...
Category: Others | Date: | Hits: 131
State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)
.... there at 10-30 AM There was provision for shutting the entry gate of the park to the north-west corner. There was a ticket counter to the east of that gate where employees used to remain present for whole time. There were employees to check the ticket for entrance to the park in the gate. He knew w......s office in Bhuiyan Mansion has not been corroborated. Therefore, commission of an offence of criminal conspiracy has not been proved. 68. A statement that contains self-exculpatory matter cannot amount to confession, if the exculpatory statement is of some facts which if proved would negative t......absconding accused Ali Hasib Bin Jamal @ Hasib, Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ..Category: Criminal Law | Date: | Hits: 40
AKM Iftekhar Ahmed and another Vs. State, 2007, 36 CLC (HCD)
....de Court. If this position be continued, I am afraid a day will come when practically, there will be no legal system in Bangladesh. Ed. This Case is also Reported in: 59 DLR (2007) 646. ......iderable latitude from the Court, in the exercise of their professional duties. Whereas they should boldly and fearlessly advocate the cause of their clients, they should remember that it is their paramount duty to maintain the dignity and integrity of the Court itself. It has, therefore, been the t......al Miscellaneous Case No. 11080 of 2006 is the Company's Secretary of the aforesaid Insurance Company. A fire broke out on 16-2-2006 causing heavy damage to the factory. The informant demanded policy money to which the accused petitioner made proposal to negotiate and made a proposal to the effect t..Category: Criminal Law | Date: | Hits: 97
Ali Ashraf Mia Vs. Chairman, First Court of Settlement and others, 2006, 35 CLC (HCD)
....interference by this Court. Accordingly, both the aforesaid Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 640. ......interference by this Court. Accordingly, both the aforesaid Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 640. ......d into any agreement with the petitioner for the alleged transfer of the house and that said Keramat Mia was not present in Bangladesh after Liberation and that he did not receive any consideration money for the case property and, as such, it has been stated that the First Court of Settlement righ..Category: Property Law | Date: | Hits: 39
Commissioner of Taxes Vs. Prime Bank Ltd., 2007, 36 CLC (HCD)
....peal to Appellate Division under section 162 of the Ordinance is rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ......the Deputy Commissioner of Taxes did not at all take into consideration of such huge deduction in his assessment dated 8-32000 He accordingly, asked the Deputy Commissioner of Taxes to add said amount of Taka 18,15,67,643 to the total income of the assessee as he determined at Taka 1,96,63,325......peal to Appellate Division under section 162 of the Ordinance is rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ..Category: Fiscal/Taxation Law | Date: | Hits: 82
Abdur Rashid Miah and another Vs. Md. Zami Shah Newaz and others, 2007, 36 CLC (HCD)
....h above modification that the contentious signatures or writings are to be examined with admitted signatures. Ed. This Case is also Reported in: 59 DLR (2007) 625; 13 MLR (HCD) (2008) 317. ......p and possession of the suit land by virtue of gift entered into an agreement on 25-12-1975 with the plaintiffs to sell the suit land on receipt of Taka 55,000 as advance out of total consideration amounting to Taka 1,30,000 and delivered possession of agricultural land; that on subsequent occasio......h above modification that the contentious signatures or writings are to be examined with admitted signatures. Ed. This Case is also Reported in: 59 DLR (2007) 625; 13 MLR (HCD) (2008) 317. ..Category: Property Law | Date: | Hits: 32
Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... The Courts have, therefore, to look essentially to the words of the statute to discern the "referent" aiding their effort as much as possible by the context. The context here means, the statute as a whole, the previous state of the law, other statutes in pari materia, the general scope of the statu......sted the same by filing written statement. Upon the consideration of evidence, both oral and documentary, the Adalat decreed the suit on 13-7-01 on contest against the defendants-petitioners for an amount of Taka 49,79,194.32 with interest @ 18% per annum till realisation. The petitioners having d......pay off the decretal amount within the prescribed period of time the decree-holder Bank initiated Money Execution Case No. 26 of 2002. Meanwhile, due to promulgation of Artha Rin Adalat Ain, 2003 the money execution case was shown transferred under section 60(3) of the Ain by the learned Joint Distr..Category: Constitutional Law | Date: | Hits: 168
Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....sult, Rules in Writ Petition Nos. 6579 of 2004 and 6057 of 2005 are discharged without any order as to costs.Stay granted earlier stands vacated.Ed.This Case is also Reported in: 59 DLR (2007) 601. ......ntiff instituted Title Suit No. 195 of 2002 on 26-9-2002 before the Artha Rin Adalat No. 1, Dhaka against 4(four) defendants including the petitioners as defendant Nos. 1 and 2 for recovery of loan amounting to Taka 2,16,38,155.64, on selling the mortgaged property given as security against such l...... of law for claiming interest. Moreover, the bank relying upon the representation of the borrower to accept the sanctioned loan arranges the fund from the depositor-public who keep their unutilized money in deposit with the bank for which the banks pay compound interest Moreover, in the case of Me..Category: Others | Date: | Hits: 104
Integrated Services Ltd. Vs. Commissioner (Current Charges), Customs and others, 2007, 36 CLC (HCD)
....legal effect. The respondents are directed to refund the, detained non-adhesive share transfer stamps by 24th day of May, 2007, positively. Ed. This Case is also Reported in: 59 DLR (2007) 597.......ction upon the respondents customs authority to return the value of the detained stamps mainly on the apprehension that the detained stamps would be of no use today to the petitioner and the entire amount spent for purchase of the stamps would be wasted together with the loss of time, energy and c......legal effect. The respondents are directed to refund the, detained non-adhesive share transfer stamps by 24th day of May, 2007, positively. Ed. This Case is also Reported in: 59 DLR (2007) 597...Category: Business or Commercial Law | Date: | Hits: 178
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