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Mobasher Hossain (Md) and others Vs. Saidur Rahman (Pvt) Ltd. and others, 2002, 31 CLC (HCD)
....urther period or till hearing of the suit on any pretext or excuse, otherwise, confidence of the people on the administration of justice shall be seriously shaken to the detriment of the society as a whole. 25. Under the circumstances, let a mandatory injunction be issued upon the defendant compa......price of Taka 1,18,300 to be delivered at Barguna on the following day and in order to meet the necessary expenses, the plaintiff-petitioners paid the master of the vessel, the opposite party No. 2 amount of Taka 49,600 towards purchase of fuel and other necessaries but the opposite party Nos. 2 a......he launch ghat at Gazaria where it was in the morning of 8th April, 2002 within seven days from date. There shall be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 51. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 188
Momena Begum Vs. Dhaka City Corporation and others, 2002, 31 CLC (HCD)
....m the case of Dr. MO Gani Vs. Dr. ANM Mahmood, 18 DLR (SC) 463. Accordingly, the Rule is discharged, however, without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 43....... approached the opposite parties on 6‑7‑1999 for payment of monthly rent and electricity bill but they refused to accept the same and thereby disobeyed the court's order dated 27‑5‑1999 which amounts to contempt of court. The petitioner thereafter filed another application on 21-7‑1999 b......m the case of Dr. MO Gani Vs. Dr. ANM Mahmood, 18 DLR (SC) 463. Accordingly, the Rule is discharged, however, without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 43...Category: Property Law | Date: | Hits: 34
Bhola Vs. State, 2001, 30 CLC (HCD)
....s order dated 29‑10‑91 is upheld with the above modification and the appeal is dismissed. Send down the lower court's record immediately. Ed. This Case is also Reported in: 55 DLR (2003) 36.......s order dated 29‑10‑91 is upheld with the above modification and the appeal is dismissed. Send down the lower court's record immediately. Ed. This Case is also Reported in: 55 DLR (2003) 36.......of Taka 10,000, in default to suffer rigorous imprisonment for 5(five) years more with a direction to the Deputy Commissioner, Sherpur to realise fine from the convict persons and to pay 3/4th of the money to the heirs of the deceased and to keep 1/4th of fine in the government fund. 2. The prose..Category: Criminal Law | Date: | Hits: 41
Hotel Agrabad Ltd. Vs. Chairman, Labour Court and others, 1999, 28 CLC (HCD)
....ur Court in IRO Case Nos. 78 and 79 of 1984 are upheld. The petitioner will pay a cost of Taka 5000 in each of the Rules. Ed. This Case is also Reported in: 59 DLR (2007) 297. ......bstance. There is no scope to file an application under section 15 of the Payment of Wages Act because the rights conferred upon the respondent employees by virtue of the provisions of the Act do not amount to wages within the meaning of section 2(VI) of the Payment of Wages Act. Besides, the term "......ur Court in IRO Case Nos. 78 and 79 of 1984 are upheld. The petitioner will pay a cost of Taka 5000 in each of the Rules. Ed. This Case is also Reported in: 59 DLR (2007) 297. ..Category: Labour and Industrial Law | Date: | Hits: 121
Abdul Malek (Md) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
...., the period of agreement has expired long before and the petitioner is no longer working as a dealer of fertiliser of the respondent No. 3. So, it is not necessary to declare the impugned order as a whole to be without lawful authority as the dealership agreement already expired. However, the impug......ave been passed without lawful authority and the same is of no legal effect. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 59 DLR (2007) 284. ......l Manager (Commercial) on behalf of the Managing Director, Jamuna Fertiliser Company Limited, Jamalpur (Annexure-D) cancelling dealership agreement of the petitioner with forfeiture of the security money. 2. Facts relevant for disposal of this Rule, in brief, are as under: 3. The pet..Category: Civil Law | Date: | Hits: 74
....quashed.
Order of stay granted at the time of issue of the Rule is hereby recalled and vacated.
Communicate at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 274.
......19-12-2000, the petitioner stated that due to wrong impression that said supplementary duty could not be deposited. It was under the impression that supplementary duty could be adjusted with the huge amount of VAT already deducted at source. The petitioner had never intended not to pay supplementary......ary duty as was demanded in the notice. We failed to understand how the Deputy Commissioner could claim that the petitioner evaded any tax, say supplementary duty, even after receipt of more than the money demanded in the notice. In the absence of clear finding on commission of any offence under the..
Category: Fiscal/Taxation Law | Date: | Hits: 63
Abdul Karim and others Vs. Court of Settlement and others, 2007, 36 CLC (HCD)
....6 under Abandoned Buildings (Supplementary Provisions) Ordinance, Ordinance 54 of 1985 at page No. 9764 (17), Serial No. 42 (Annexure-I). Ed. This Case is also Reported in: 59 DLR (2007) 247.......6 under Abandoned Buildings (Supplementary Provisions) Ordinance, Ordinance 54 of 1985 at page No. 9764 (17), Serial No. 42 (Annexure-I). Ed. This Case is also Reported in: 59 DLR (2007) 247.......y the original allottee Syed Md. Yunus built a two-storied building on the leasehold land and had been living therein with his family members and that said Syed Md. Yunus being in need of urgent cash money sold out the aforesaid building to Md. Abdul Quayum by a registered deed being No. 881 dated 3..Category: Property Law | Date: | Hits: 33
Nazir Ahmed Vs. Md. Amin Mia and anothers, 2007, 36 CLC (HCD)
....once if he is not wanted in connection with any other case. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 245. ......once if he is not wanted in connection with any other case. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 245. ......r. 2. Prosecution case, in brief, was that accused Md. Nazir Ahmed used to live in the house of informant as tenant. Accused along with his wife Mrs. Tahmina Akhter requested the informant to give money for the business of importing powder milk but the informant did not agree to pay the money. Su..Category: Criminal Law | Date: | Hits: 40
Syed Ziaul Hasan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....tity module (SIM) Card according to the price fixed i.e. Taka 1800. There will be no order as to costs. Ed This Case is also Reported in: 59 DLR (2007) 238, 26 BLD (HCD) (2006) 366. ...... their SIM Cards, but since the government has imposed VAT of Taka 900 under the VAT Act against all SIM Cards of all mobile phone operators the petitioners are liable to pay the same. The additional amount was fixed at Taka 1200. The intending purchasers are required to pay the price of the Card al......the subscribers from 1st week of June, 2005 and they already distributed 20,000 SIMs at a price of Taka 1800 and by the impugned notice as published in the newspaper the respondent No. 6 claimed more money from the petitioners which is discriminatory and violative of Articles 27 and 31 of the Consti..Category: Fiscal/Taxation Law | Date: | Hits: 131
Abdul Alim Vs. Biswajit Dey and another, 2007, 36 CLC (HCD)
....lt, this Rule is discharged. The order of stay granted earlier by this Court is vacated. Communicate this order at once. Ed. This Case is also Reported in: 59 DLR (2007) 236 . ......wing of the cheque, (ii) presentation of the cheque, (iii) returning of the cheque unpaid by the drawee bank, (iv) giving notice in writing to the drawer of the cheque demanding payment of the cheque amount and (v) failure of the drawer to make payment within 15 days of receipt of the notice. As per......িয়া পাওয়া না যাওয়ায় ফেরত" on 14-2-2006. The complainant again on 12-3-2006 over telephone, contacted with the accused petitioner who flatly refused to pay the money, 3. The complainant was examined and usual notices were issued. The accused petitioner ..Category: Criminal Law | Date: | Hits: 50
Khalilur Rahman Vs. State, 2007, 36 CLC (HCD)
....lilur Rahman. We find no merit in these appeals. These appeals are dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 227 . ......g his father and brother with a view to grab the entire paternal property and that after getting the news of death of his father and the brother, he returned home and then he had paid the contractual amount after selling lands. In view of the above, we find that the learned Additional Sessions Judge......his statement even after retracting his confession, which was made long after making the confession. 29. On consideration of the evidence on record we find that the miscreants did not take any money or articles from the house of the victims. Though PW 1 in course of cross-examination stated t..Category: Criminal Law | Date: | Hits: 38
Shaherunnessa Vs. Shamsunnahar, 2007, 36 CLC (HCD)
....they were tenants. Law is now settled that when the defendants fail to prove their case of gift, their possession must be held to be one that is based on invalid title and becomes adverse against the whole world. 41. In Sadak Ali vs. Suruj Ali and others, 7 DLR 94 Mr. Ibrahim J held— "Posse...... the decree of the trial Court decreeing the suits are hereby set aside and both the suits are dismissed. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 217. ......y the local ward commissioner. 18. Upon the evidence, oral and documentary, on record, the trial Court decreed both the suits directing the defendants to hand over possession of the suit premises, money decree for arrears at the rate of Taka 3,000 per month from June,1998 to 2000 and compensation..Category: Property Law | Date: | Hits: 35
Shahella Chowdhury Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)
....no legal effect; and they are accordingly quashed. Order of stay granted on 23-506 is also recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 213. ......ure and he offers no explanation about the nature and source of the money for such expenditure, or the explanation offered is not in the opinion of the Deputy Commissioner of Taxes, satisfactory, the amount of the expenditure shall be deemed to be the income of the assessee for such income year clas...... sources". Sub-section (3) of section 19 reads as follows : "Where, in any income year, the assessee has incurred any expenditure and he offers no explanation about the nature and source of the money for such expenditure, or the explanation offered is not in the opinion of the Deputy Commissio..Category: Fiscal/Taxation Law | Date: | Hits: 69
Dhaka City Corporation and others Vs. Shamsur Rahman and others, 2007, 36 CLC (HCD)
....ring with peaceful possession of the plaintiff in the suit land, in any way, as prayed for. Send down the records, at once. Ed. This Case is also Reported in: 59 DLR (2007) 207. ......release. When by an order dated 8-4-86 the plaintiff was asked to return Taka 5229.90 proportionate price of the released land out of the compensation received, the plaintiff on 8-4-86 deposited said amount by treasury 'Chalan'. Then, pursuant to the final order of release dated 19-4-86, the governm...... the instance of the plaintiff, the appellate Court on the other hand on the evidence both oral and documentary on record found 0.2435 acre of land was finally released and the plaintiff returned the money as was required for such release of the unused land. It found possession of the plaintiff in t..Category: Property Law | Date: | Hits: 32
Abdul Halim (Md.) Vs. Abul Hasan Chowdhury Kaiser and others, 2001, 30 CLC (HCD)
....ave become infructuous. In the result, the Rules in both the writ petitions are discharged being infructuous without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 42.......…… ………………………………………………………………………………….”. 11. The said clause (c) requires to give an ordinary meaning and to do otherwise would amount to violating the language and expression used therein. Article 66(2)(c) should therefore be c......ave become infructuous. In the result, the Rules in both the writ petitions are discharged being infructuous without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 42...Category: Administrative Law | Date: | Hits: 356
Shahidullah (Md) Vs. Eastern Bank Ltd. and others, 2001, 30 CLC (HCD)
....ith law and the same shall be disposed of expeditiously, preferably within three months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 41.......opposite party No. 2 was credit worthy and granted him back to back credit and CC limit facilities. The opposite party No. 2 on behalf of International Corporations of Saudi Arabia opened a LC for an amount of US $ 32,000 and requested the plaintiff bank for an advance of 60% of the LC amount which ......ith law and the same shall be disposed of expeditiously, preferably within three months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 41...Category: Civil Law | Date: | Hits: 69
Md. Ali Haider & Ors. Vs. State and others, 1987, 16 CLC (HCD)
....t hold good. The learned counsel further urged that the learned Additional Sessions Judge though did not discuss evidence appearing against each accused separately he considered the evidence as a whole against all appellants as well as non-appealing accused and relying on the circumstantial evid...... the charge. They shall be set at liberty forthwith if not wanted in connection with any other case. Amin-ur-Rahman Khan J. – I agree Ed. This Case is also Reported in: 40 DLR (1988) 97. ...... Miah along with 7/8 other persons appeared there and forcibly caught hold of aforesaid 5 persons and kept them confined at the house of one Eklal Miah and assaulted them severely and snatched away money from them and disclosed that they would be done to death. 3. Thereafter at about 12/1 P.M. ..Category: Criminal Law | Date: | Hits: 30
Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)
.... Court is satisfied, by an affidavit or otherwise, that the defendant, with intent to obstruct or delay the execution of any decree that may be passed against him- (a) is about to dispose of the whole or any part of his property, or (b) is about to remove the whole or any part of his propert...... of Taiwan origin which are very much inferior in quality and the price of the said machineries arc much lower and according to the plaintiff this non supplying of machineries according to the indent amounts to a breach of the terms of the contract for which they have sustained a loss of U.S.A 3142 ......lant. Md. Awlad Ali-For the respondent. Appeal from Original Order No. 286 of 1986. Judgment Anwarul Hoque Chowdhury J.- This appeal is directed against an order dated 21.6.86 passed in money suit no. 116 of 1985 by the 3rd subordinate judge, Dhaka attaching the schedule property befor..Category: Business or Commercial Law | Date: | Hits: 209
State Vs. Mizanul Islam alias Dablu & another, 1987, 16 CLC (HCD)
....s hereby set aside and he is set at liberty forth with if not wanted in connection with any other case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58.......s it bore a stitch mark of thread. Of course, she did not state this fact to the Investigating Officer Md. Liakat Hossain (P.W.15). Omission to mention this fact to the investigating Officer does not amount to contradiction inasmuch as section 162 Cr.P.C. permits limited use of the statement made to......s hereby set aside and he is set at liberty forth with if not wanted in connection with any other case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58...Category: Criminal Law | Date: | Hits: 61
M/s. Ayat Ali Bhuiyan & Company Ltd. Vs. Janata Bank, 1987, 16 CLC (HCD)
....bservation made above. Therefore, we make Rule absolute in the above terms without any order as to costs. ARM Amirul Islam J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 56.......C No.765 as credit balance in the Mitford Branch of the said Bank. In the said suit, the petitioner further prayed for a decree for damages for Tk. 8,70,000/- for illegally withholding payment of the amount lying in the said account of the petitioner with the opposite party Bank. Prior to the instit......itted by the Court in passing the impugned order leading to failure of justice. He also submitted that from the allegations made in both the plaints it would appear that the suits are for recovery of money and as such provision of section 10 \was directly attracted to the instant case. 5. We have..Category: Civil Law | Date: | Hits: 88
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