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Namita Rani Biswas and others Vs. Rabindra Nath Majhi and others, 2007, 36 CLC (HCD)
....arned District Judge, Khulna is set aside and restored the grant of Letter of Administration. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 579. ......fter a long lapse of time and knowledge, the Court will not reopen the grant unless he offers reasonable explaÂnation of the delay. The delay on the part of the respondent in applying for revocation amounts to a waiver and Acquiescence, and the Court may in its discretion refuse revocation of the g......ranted licence to his father and uncle in respect of 1.64 acres of land but in his deposition as PW 1 he stated that Harinath took loan of Taka 5,000 from his father and in exchange of that amount of money, he gave borga of the lands covered by SA Khatian 145 to his father and uncle. Therefore, we f..Category: Property Law | Date: | Hits: 68
Oriental Bank Ltd. Vs. Sitara Siddiq, 2007, 36 CLC (HCD)
....been examined as PW 1 in part, the trial Court is directed to dispose of the suit within three months from date of receipt of the Judgment. Ed. This Case is also Reported in: 59 DLR (2007) 573. ......1 filed Title suit No. 208 of 2007 which was renumÂbered as Title Suit No. 197 of 2001 against this petitioner for declaration that the plaintiff had no liability to the petitioner bank for any loan amount and the so called memo of deposit of title dead dated 17-3-1988 was forged, concocted and ill......e the two suits. He further submitted that opposite party has filed Title suit No. 209 of 2002 for getting back the documents of his properties alleging that she is not liable for payment of the loan money. So, he submitted that this suit has no nexus with the realisation of loan money and the Artha..Category: Civil Law | Date: | Hits: 82
Aziz Hasan and others Vs. Bangladesh, 2007, 36 CLC (HCD)
....der on the following views: "We are absolutely convinced that section 19 of the Customs Act does not provide any "rate of duty" at all. It only provides for exempÂtion of "any goods" from the whole or any part of the customs-duties chargeable thereon. Section 30 does not refer to section 19 ......orce or any decision of any court, for the purposes of section 30, the value and the rate of duty appliÂcable to any goods shall respectively include the value as determined under section 25 and any amount of duty imposed under section 18, 18A or 18B and the amount of duty, that may have become pay...... In the result, all the above Rules are discharged with cost. The Customs Authority shall be at liberty to encash the bank guarantees if the petitioners do not pay in cash the amount of money covered by respective bank guarantees within a period of thirty days of receipt of this order...Category: Fiscal/Taxation Law | Date: | Hits: 64
Muhaiminul Hasan Khan Vs. Md. Nurul Islam Khan and others, 2001, 30 CLC (HCD)
....fresh and dispose of the original application for succession certificate in the light of above observations. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002)156.......fresh and dispose of the original application for succession certificate in the light of above observations. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002)156....... to show that opposite party No. 1 was the nominee; d. even if he was the nominee; letter dated 27-1-91, exhibit No.1, showed that a succession certificate would be necessary for withdrawal of the money left by deceased Shahabuddin. Upon such view, learned Subordinate Judge found the minor son..Category: Property Law | Date: | Hits: 36
Pubali Bank Limited Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
....ost 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) 144. ......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) of said Artha Rin Adalat Act in this regard. But by the impugned ......ost 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) 144. ..Category: Procedural Law | Date: | Hits: 67
Bura Yunus and others Vs. State, 2007, 36 CLC (HCD)
....to support a joinder of charge in respect thereof when the accusation against the accused is that they carried out a single scheme by successive acts and there was a complete unity of project and the whole series of acts were so linked together by one motive and design, a joint trial is desirable in......lies in the realm of design and intention without there being any intent to give a concrete shape to the intention, but whenever some one of the persons assembled advances a step further by doing act amounting to preparation, section 399 is then brought into play. 22. In this particular case......dence on record sufficiently supports probability of the defence version that PWs 5 and 14 have been using Doctor Kudarat-e-Khoda hostel of Bangladesh Leather Technology, as their abode for realising money and implicating innocent persons by instiÂtuting false cases. Learned Advocate finally submit..Category: Criminal Law | Date: | Hits: 90
Shafique Ullah (Md) Vs. Chairman, Rupali Bank Ltd. and others, 2006, 35 CLC (HCD)
....e Appeal No. 621 of 2000 is hereby affirmed. Send down the lower Court's records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 546.......olders for depositing the same against their respective account. For that he (plaintiff) was served with a notice to show cause as to why he would not be dismissed from service for defalcation of the amount On receipt of such notice on 12-2-1986, he filed a written statement, which was not satisfact...... at Sonagazi Police Station on 12-4-1984 against him and the Cashier. Police after investigation submitted charge sheet and on trial he and the Cashier were convicted. The Bank authority also filed a money suit against them for realisation of the defalcated amount, which was decreed. After inquiry b..Category: Criminal Law | Date: | Hits: 29
Mahmudur Rahman and another Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)
....d to have been made without lawful authority and is of no legal effect There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 540; 13 MLR (HCD) (2008) 353. ......ills Limited is a sister concern of MBM Garments Limited and the petitioner, a director of Modem Jute Mills Limited, obtained a bridge loan of Taka 1,19,000 from Bangladesh ShilÂpa Bank and the said amount with interest and other charges has increased to Taka 12.16 lakh and it still remains unpaid.......efendants incluÂding the petitioner. Subsequently, the respondent No.2 Janata Bank filed Money Execution Case No. 30 of 1992 on 23-11-1992 against the petitioner and other defendants for recovery of money and die same is still pending. It has been further stated that the petitioner is now Director ..Category: Banking Law | Date: | Hits: 124
Shamshad Asif Vs. Additional District Judge and others, 1999, 28 CLC (HCD)
....ules are discharged with cost at the rate of Taka 1,000.00 to be paid by the petitioner of each Rule to the contesting respondent No.2. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 138.......o be filed within one year from the date of occurrence of the act of Bankruptcy and under the explanation to sub-section (1) of section 28 a debtor could be a willful defaulter if he fails to pay any amount exceeding Taka 5.00 lac for one year after issuance of a formal demand and, as such, there is......tion. 9. Section 33 of the said Act provides that notwithstanding anything contained in any other law for the time being in force, Court in which a suit or other proceeding relating to a claim for money or other property is pending against a debtor shall on proof that an order of adjudication has..Category: Civil Law | Date: | Hits: 78
Dr. Md. Kamrul Ahsan Talukder Vs. Nurun Nahar and others, 2009, 38 CLC (AD)
....ellate Court is directed to dispose of the appeal in accordance with law. This appeal is accordingly, allowed without any order as costs. Ed. This Case is also Reported in: VII ADC (2010) 794.......ellate Court is directed to dispose of the appeal in accordance with law. This appeal is accordingly, allowed without any order as costs. Ed. This Case is also Reported in: VII ADC (2010) 794.......ains explanations that unless and until the contrary is proved, the Court shall presume that the breach of a contract to transfer immovÂable property cannot be adequately relieved by compensation in money and that the breach of a contract to transfer movable property can not be, thus, relieved. ..Category: Property Law | Date: | Hits: 37
Hafizuddin Ahmed Vs. M Aslam Miah & others, 2002, 31 CLC (HCD)
....e sustained in law. 22. Now, we take the moot question, whether or not the transfer by Defendant No. 2 with sanction of the Administrator to Defendant No. 1 is valid and binding upon the waqf. The whole argument on behalf of the transferees is based on the premise that as the transfer was effecte......ty would fall upon him to see how much of the land should be sold and at what price, and to ensure the sale proceeds would be spent for the mosque only. He did neither. Even, he failed to recover any amount of the sale proceeds. The plaintiff alleged that the rate of price as approved by him was far......fendant Nos. 3 and 4 transferred 15 decimals of the suit land to Defendant No. 1 by two registered deeds of sale being No. 4212 and 4225 dated 8‑6‑85 and 9‑6‑85 and misappropriated the entire money. When he did not deposit any money, the Administrator cancelled the sanction by his order date..Category: Trust/Waqf Law | Date: | Hits: 228
Zitu Ahsan alias Apon Vs. State, 2007, 36 CLC (HCD)
....t him of the said Ain. The appellant be set at liberty at once if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 528.......therwise they would not accept the marriage but she could not show the same. She also has submitted four letters that has been written by the appellant but in her deposition she denied about the said amount of money. She said about her unwillingness of any intercourse. Witnesses have never said that......Bulbul Sikder on 15-7-2003 at 10:00 hours. The Imam of Tongighat Jamemosque of village Hawlee-para under Rupganj police station conducted the marriage ceremony as per Muslim Shariah wherein the dowry money was fixed at Taka 1,00,000. Zitu was the witness in that Kabinnama. They stayed together in th..Category: Criminal Law | Date: | Hits: 44
Abdul Baten (Md.) Vs. Chairman, NBR & others, 2007, 36 CLC (HCD)
....rantees received in the above Writ Petitions to the respective petitioners within a period of one month of receipt of this order, positively. Ed. This Case is also Reported in: 59 DLR (2007) 525.......rantee. When the custom authority further demanded advance VAT at the rate of 1.5% the petitioner obtained the present Rule and ultimately got release of the goods by furnishing bank guarantee for an amount of Taka 18,83,376 for advance VAT. 9. Affidavit of facts in all the writ petitions wer......rantees received in the above Writ Petitions to the respective petitioners within a period of one month of receipt of this order, positively. Ed. This Case is also Reported in: 59 DLR (2007) 525...Category: Fiscal/Taxation Law | Date: | Hits: 95
Uzzal alias Elias Hossain Vs. State, 2006, 35 CLC (HCD)
....e police went there. He denied the suggestion that Mahima had an affair with a boy of his village and because he refused to give her in marriage to him she committed suicide and that he concocted the whole story against the accused persons upon being influenced by various people. In his further cros....... In case of failure to pay the fine, the District Collector (Deputy Commissioner) was, directed to realise the fine in accordance with section 15 of the Ain and to expediÂtiously hand over the fine amount to the victim's father. The accused were also found guilty under section 7 of the Ain, but no......in and to be paid to the informant Abdul Mannan, the father of the victim, as compensation. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 505...Category: Criminal Law | Date: | Hits: 35
HP Cold Rolling Mills Ltd. Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)
....tual export of the finished goods as drawback expeditiously, preÂferably within two months of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 483.......eceived export proceeds. In the usual course, and upon the prayer of the petitioner for adjustment of Customs duty, VAT and IDSC, the customs duty and VAT were adjusted in the current account but the amount of IDSC was not adjusted. Then, on 5-9-06 the petitioner applied under section 13(2) of the V......y, Finance Act of 1997 under Article 83 of the Constitution. Article 84 of the Constitution provides- (1) All revenues received by the GovernÂment, all loans raised by the Government, and all moneys received by it in repayment of any loan shall form part of one fund to be known as the Consol..Category: Fiscal/Taxation Law | Date: | Hits: 93
Superintendent Engineer, PWD & another Vs. A Mahiuddin and others, 2007, 36 CLC (HCD)
....e and the judgment and decree dated 4-3-2002 passed by the learned Joint District Judge, is hereby affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 476. ......plaintiff and the defendant and the same was registered thereafter on 28-8-1986; that the defendant No. 5 handed over the possession of the suit land to the plaintiff; that the plaintiff spent a huge amount of money for filling up the low land of the suit land and made it fit for brick field and he ......and the defendant and the same was registered thereafter on 28-8-1986; that the defendant No. 5 handed over the possession of the suit land to the plaintiff; that the plaintiff spent a huge amount of money for filling up the low land of the suit land and made it fit for brick field and he has been p..Category: Property Law | Date: | Hits: 28
Jinnat Ali (Md) Vs. Md. Abu Bakkar Siddique and others, 2002, 31 CLC (HCD)
....‘1995 in Miscellaneous Appeal No. 88 of 1995 are hereby affirmed. Send down the LCR with a copy of this judgment to the Court concerned. Ed. This Case is also Reported in: 55 DLR (2003) 92. ......d transferred upon deposit of the consideration money of the value of the transferred land as stated in the notice under section 89 or in the deed of transfer together with compensation @ 10% of such amount. But this right has been made excepted in sub‑section (10) of section 96 to the five classe......0 envisages right of pre‑emption to three categories of tenants namely, a co-sharer by inheritance, a purchaser and a contiguous land owner of the land transferred upon deposit of the consideration money of the value of the transferred land as stated in the notice under section 89 or in the deed o..Category: Property Law | Date: | Hits: 37
Mohsina Rahman alias Jaya Vs. Abdul Majid and others, 2001, 30 CLC (HCD)
....the Miscellaneous Case No. 34 of 1998 and Title suit No. 142 of 1998 are affirmed. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 138. ......te Division of the Supreme Court without entering into the merit of the case passed judgment and order in CPLA No.6 of 1996 with the observation that the defendant-petitioner is willing to return the amount of salami received by her and also agreeable to decide the question of further claims of the ......claim in the year 1995 with compensation and they would have kept the same in fixed deposit in a bank then now the said amount would have been almost double. Alternatively, in the year 1995 with that money the plaintiffs-opposite-parties could get possession of suitable shops in similar place, but n..Category: Civil Law | Date: | Hits: 77
.... 21 of 2006 is set aside and the opposite party No. 1 is at liberty to file revisional application in the relevant court if so desires.
Ed.
This Case is also Reported in: 59 DLR (2007) 470.
......for sale with the plaintiff-petitioner No. 1 Hamida Real Estate Construction Ltd. on 27-Â12-1994 to sell the properties described in the plaint at a consideration of Taka 1,35,94,800 and received an amount of Taka 5,00,000 as earnest money; that the defendant-opposite party No. 1, Malika Hasina Jah......ner No. 1 Hamida Real Estate Construction Ltd. on 27-Â12-1994 to sell the properties described in the plaint at a consideration of Taka 1,35,94,800 and received an amount of Taka 5,00,000 as earnest money; that the defendant-opposite party No. 1, Malika Hasina Jahan (Lili), received an amount of Ta..
Category: Property Law | Date: | Hits: 34
Nirode Baran Barua Vs. Mrinal Kanti Das and others, 2006, 35 CLC (HCD)
....e is discharged. The order of stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 456. ...... approached the complainÂant and the complainant gave him Taka 16,00,000 with condition that the money would be returned on or before 8-5-2001. The accused petitioner gave three cheques for the said amount. The complainant placed the cheques for encashment but the cheques were dishonoured and there......t on naraji petition. 2. The short facts relating for disposal of this Rule are, that the complainant had a good relationÂship with the accused petitioner who having felt in dire need of cash money, approached the complainÂant and the complainant gave him Taka 16,00,000 with condition that ..Category: Criminal Law | Date: | Hits: 27
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