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Major Monjur Quader(Retd.) Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)
....o. 60220 is hereby declared 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) 451.......section 27 Kaka of the Bank ComÂpanies Act, 1991. It is clear that the loan was obtainÂed by a private limited company and the petitioner was the Managing Director of the Company and owns 50 shares amounting to 2.5% of the total numÂber of the allotted shares. The only point for determiÂnation i......e petitioner has only 2.5% share of the total share holding of the company, and the company is the borrower and the petitioner has merely provided his personal guarantee to the bank to repay the loan money which at best makes him a guarantor of the loan and not a defaulter borrower (খেলাপà..Category: Banking Law | Date: | Hits: 125
New Zealand Milk Brands Ltd. Vs. Unilac Sanowara (BD) Ltd. & ors., 2005, 34 CLC (HCD)
....inasmuch as he cannot be the assignee. He referred to section 34(2) of the Act and subÂmitted that the associate trademarks of the petitioner have not been assigned and, as such, the assignment as a whole is imperfect. Moreover, he submitted, there is nothing to show that the products of the preÂd...... 7-8-2004 is directed to be returned to the learned Advocate for the petitioner. Send down the Records of the Registrar at once. Ed. This Case is also Reported in: 59 DLR (2007) 424. ......e-M of the petitioner's affidavit-in-reply dated 12-6-2003, he pointed out that in Money Suit No. 13 of 2002, which was later numbered as Money Suit No. 20 of 2002, the plaintiff, Nurul Islam filed a money suit against Unilac Australia Pty Ltd. In that suit, the plaintiff filed an application for at..Category: Intellectual Property Law | Date: | Hits: 187
Rabiul Karim (Md.) Vs. State, 2005, 34 CLC (HCD)
....t aside. Let the convict Md. Rabiul Karim be set at liberty forthwith if not wanted in any other connection. Sent down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 401. ......ence. At the time of marriage her father gave this convict cash of Taka 20,000 and ornaments of 2 tolas. After the marriage the victim began to demand dowry of Taka 10,000 in addition to the previous amount. Being failed to realise the same on 8-5-1991 he divorced the victim in the office of the Not......t aside. Let the convict Md. Rabiul Karim be set at liberty forthwith if not wanted in any other connection. Sent down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 401. ..Category: Criminal Law | Date: | Hits: 30
Abdul Mannan Sheikh (Md) Vs. Soleman Bewa and others, 2007, 36 CLC (HCD)
....vacated. Send down the lower Court's record at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 392. ......e and, (2) a bona fide intention on the part of the donor to divest himself in present of the property and to confer it upon the donee. The adequacy of consideration is not material; but whatever its amount, it must be actually and bona fide paid (a) Such a transaction is called the Heba-bil-Iwaz of......vacated. Send down the lower Court's record at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 392. ..Category: Property Law | Date: | Hits: 26
Syed Salahuddin Ahmed Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....y each of the judgment be communicated to the Ministry of Law, Justice and Parliamentary Affairs and the Ministry of Communication. Ed. This Case is also Reported in: 59 DLR (2007) 388. ......e petitioner would use the land for the purpose of washing vehicles, supply of oil (petrol, diesel, mobil, etc.). The leasehold property was a very low lying land and the petitioner had to spend huge amount of money to develop it for the purpose of establishment of a 'petrol pump'. After that, the p......er would use the land for the purpose of washing vehicles, supply of oil (petrol, diesel, mobil, etc.). The leasehold property was a very low lying land and the petitioner had to spend huge amount of money to develop it for the purpose of establishment of a 'petrol pump'. After that, the petitioner ..Category: Constitutional Law | Date: | Hits: 200
Khorshed Alam Khan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....mount otherwise than under protest shall be entitled to make any application under section 28: Provided further, that herein contained shall affect the liability of any person, who may receive the whole or any part of any compensation awarded under this part, to pay the same to the person lawfull...... and shall, unless prevented by some one or more of the contingencies mentioned in subÂsection (2), pay it to them within sixty days from the date of deposit by the requiring person of the estimated amount of compensation under section 7(3). (2) If the persons entitled to compensation do not con......Rule. 4. It is stated that the decision to acquire land by the aforesaid LA proceedings was finalised by the Deputy Commissioner, Lakshmipur on 12-6-Â1994. Thereafter, the requiring body made the money available to the Deputy Commissioner on 8Â6-1995 for payment of compensation to the affected ..Category: Property Law | Date: | Hits: 57
State Vs. Kajal Ahmed Jalali, 2007, 36 CLC (HCD)
....h a belated disclosure of facts by this eye-witness. No man of ordinary prudence can rely on such testimony. It is not conceivable that the offenders being known to witness would allow him to see the whole occurrence and then allowed him to go away in the manner narrated by him. PW 59 did not even t......d the suggestion that Shujan could not be his friend and that he was not of same status. He said that he went to Mouchak market by a black taxi-cab which had taken 20/25 minutes. He could not say the amount he paid to the taxi driver. He was unable to say about the time which he took for coming to J......w, was present at the time when she signed on the Ejahar. She also heard from Deen Mohammad that the dead body of Shujan was kept in the Dhaka Medical College Hospital. She admitted that she received money of the Insurance Company after the death of Shujan. It is also available from her testimony th..Category: Criminal Law | Date: | Hits: 109
Jakir Hossain Vs. Jel Vanu, 2005, 34 CLC (HCD)
..... 25 of 2003 are hereby set aside. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 59 DLR (2007) 340, 26 BLD (HCD) (2006) 98. ....... 25 of 2003 are hereby set aside. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 59 DLR (2007) 340, 26 BLD (HCD) (2006) 98. ...... Court has, and in apparent disregard of the trial Court's judgment, concerned itself with obscure aspects of statements of witnesses pertaining to, for example, the manner in which the consideration money may have been handled by different persons at the time of registration, and the absence of any..Category: Property Law | Date: | Hits: 32
Bonlac Foods Ltd. Vs. Unilac Sanowara (BD) Ltd. & another, 2005, 34 CLC (HCD)
....ty for costs may be returned to the learned Advocate appearing on behalf of the petitioner. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 332. ......ty for costs may be returned to the learned Advocate appearing on behalf of the petitioner. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 332. ......ty for costs may be returned to the learned Advocate appearing on behalf of the petitioner. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 332. ..Category: Intellectual Property Law | Date: | Hits: 199
Farida Begum and others Vs. Kapil Krishna Goldar & another, 2006, 35 CLC (HCD)
....e No. 509 of 2000 pending before the Magistrate, 1st Class, Madaripur, is hereby quashed. Let a copy of the Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 328.......e No. 509 of 2000 pending before the Magistrate, 1st Class, Madaripur, is hereby quashed. Let a copy of the Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 328.......ransfer any valuable security, or to receive the principal interest or dividends thereon, or valuable security or any document purporting to be an acquaintance or receipt acknowledging the payment of money, or an acquaintance or receipt for the delivery of any movable property or valuable security, ..Category: Criminal Law | Date: | Hits: 28
N Mohd Engineering Industries Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
.... as formulated in paragraph No. 7 of the application in the negative and in favour of the assessee. The parties will bear their own costs. Ed. This Case is also Reported in: 54 DLR (2002) 132.......sh in ITA No. 2469 of 1993-94 (Assessment Year 1991-92). 2. The assessee applicant company filed income tax return for the assessment year 1991-92 showing loss of Taka 62,97,836 which include loss amount of Taka 5,5 8,424 incurred during the year. In response to notices under sections 83(I) and 7...... as formulated in paragraph No. 7 of the application in the negative and in favour of the assessee. The parties will bear their own costs. Ed. This Case is also Reported in: 54 DLR (2002) 132...Category: Fiscal/Taxation Law | Date: | Hits: 72
Bhaskar Chakraborty Vs. State, 2006, 35 CLC (HCD)
.... accused petitioner is directed to appear before the trial Court to face trial. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 325. ......he accused petitioner was allowed under written contract to act as Commission Agent in the year 1998. The accused petitioner, accordingly, was given the product of the Lever Brothers on credit for an amount of Taka 21,89,536 00 out of which a balance amount of Taka 16,72,301 40 has been left with th...... with the accused petitioner, which he did not pay to the company, Lever Brothers Bangladesh Ltd. As such, he committed offence of criminal breach of trust and cheating by way of misappropriating the money as agent of the Lever Brothers Bangladesh Ltd. 4. Police commenced investigation and af..Category: Criminal Law | Date: | Hits: 81
Naimuddin and another Vs. State, 2007, 36 CLC (HCD)
.... appeal is dismissed. The impugned judgment and order of conviction is hereby affirmed. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 314. ...... appeal is dismissed. The impugned judgment and order of conviction is hereby affirmed. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 314. ......nnocence. The further case of the defence was that accused persons were rice dealers and used to purchase rice from Hilli border for sale at Noakhali, Chittagong and other areas and over snatching of money from them by the BDR when they gave out to report the matter to the higher authorities the cas..Category: Criminal Law | Date: | Hits: 84
Eskayef Bangladesh Ltd. Vs. Commissioner of Taxes, 2004, 33 CLC (HCD)
.... the books of accounts having certified that it reflects a clear picture of the state of affairs of the company, both the DCT and the Appellate Tribunal acted illegally in not accepting the same as a whole. Mr. Altaf Hossain lastly submits that the Appellate Tribunal committed error of law in not al......the DCT and the Appellate Tribunal acted illegally in not accepting the same as a whole. Mr. Altaf Hossain lastly submits that the Appellate Tribunal committed error of law in not allowing the entire amount of perquisites paid to the employees of the company, and, as such, the questions formulated i......and against the Department but other costs mentioned in the said question are answered in the affirmative. No order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 308. ..Category: Fiscal/Taxation Law | Date: | Hits: 64
Monwar Mallik Vs. State, 2007, 36 CLC (HCD)
.... of the PWs and in between the statement made in the ejahar and in the evidence as adduced in Court, absence of sign of rape in the' medical report and non-examination of the wearing clothes made the whole case most doubtful one and the prosecuÂtion has totally failed to prove its case beyond all r......se doubtful. In the circumÂstances, what is apparent in the face of the record has to be taken as real unless the contrary is proved by convincing evidence. Thus it is difficult to conclude with any amount of certainty that the victim was actually raped by the accused. 37. In the instant case, t...... be set at liberty forthwith if not wanted in any other case. Send down the LCR at once along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 301. ..Category: Criminal Law | Date: | Hits: 38
....ubstance in the submission of the learned Counsel for the appellant.
Accordingly, the appeals are dismissed.
Ed.
This Case is also Reported in: 15 BLC (AD) (2010) 210, 16 MLR (AD) (2011) 447.......than the sale figures shown on five sale deeds produced before the Court. He further held that the learned arbitrator and subÂordinate Judge in his judgment had given cogent reason for enhancing the amount of award.
7. The appellant then filed writ petitions which were also discharged by the Hig...... compensaÂtion at the rate of Taka 3,80,2000 per acre. In arbitration revision cases the Subordinate Judge and Arbitrator assessed the compensaÂtion at the rate of 10% per annum on the compensation money from the date of taking possession thereof and also awarded cost; that in arbitration revision..
Category: Property Law | Date: | Hits: 37
Titas Gas Transmission and Distribution Co. Ltd. Vs. Shams Company and others, 2001, 30 CLC (HCD)
....unity of hearing to both parties and as soon as within six months, from the date of receipt of the records. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 128.......ff is entitled to a decree for Taka 43 (forty-three) lac only as value of the suit land and compensation for his loss of business or earnings from the year 1982 to December, 1989 and interest on this amount at the rate of 12% which the defendant No. I is liable to pay within a period as per directio......unity of hearing to both parties and as soon as within six months, from the date of receipt of the records. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 128...Category: Property Law | Date: | Hits: 31
Eastern Hardware Store Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....n favour of the applicant. Accordingly, the questions raised in the reference are answered as above. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 125. ......ion of law can be agitated by the applicant even before the Appellate Tribunal and it was the legal obligation of the Tribunal to decide the point of merits in view of the admitted fact that the said amount was spent by the applicant. It, thus, appears that the judgment of the Appellate Tribunal suf......n favour of the applicant. Accordingly, the questions raised in the reference are answered as above. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 125. ..Category: Fiscal/Taxation Law | Date: | Hits: 65
Md. Jamal Uddin Vs. Dr. ABM Morshed Alam, 2010, 39 CLC (AD)
....r books is dispensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 1016. ...... as loan at his house but the accused did not re-pay the said money to him in time; as a result, he requested the accused to pay the same and at one stage of request the accused gave a current cheque amount of TK. 5,00,000.00(five lacs) and after receiving the said cheque the complainant on the same......Jamal Uddin for his business purpose on 14.08.2002 took TK. 5,00,000.00(five lacs) from the complainant, Dr. A.B.M. Morshed Alam Chowdhury as loan at his house but the accused did not re-pay the said money to him in time; as a result, he requested the accused to pay the same and at one stage of requ..Category: Criminal Law | Date: | Hits: 39
Mrs. Rokeya Begum Vs. Chartered Credit and Co-operative Limited, 2010, 39 CLC (AD)
....dated 02.06.2009 passed by the High Court Division in Criminal Miscellaneous Case No.1709 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 1011. ......984 and the accused petitioner is the member of the said society and she obtained loan of TK. 23,00,000.00 with a condition to pay the said loan within 90 days but failed to pay in time although same amount was paid; that the accused paid part of money by cheque dated 15.02.2006 from saving account ...... the said society and she obtained loan of TK. 23,00,000.00 with a condition to pay the said loan within 90 days but failed to pay in time although same amount was paid; that the accused paid part of money by cheque dated 15.02.2006 from saving account of Rupali Bank No.902209 of amount of TK.54,83,..Category: Criminal Law | Date: | Hits: 45
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