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Abdul Khalek Khan Vs. Government of Bangladesh, 1986, 15 CLC (HCD)
....Additional District Judge dismissing the suit is maintained. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 21.......r the development of the land; that as subsequently the premium of the Government settlement land was reduced an order for refund of a part of the premium money deposited by him was made and the said amount by way of an adjustment was paid against future rents, cesses etc.; that he paid rents etc. u......settlement; that he spent about Rs.3,000/- for the development of the land; that as subsequently the premium of the Government settlement land was reduced an order for refund of a part of the premium money deposited by him was made and the said amount by way of an adjustment was paid against future ..Category: Property Law | Date: | Hits: 36
Chowdhury Saifuddin Ahmed Vs. Shamsuddin & Ors., 1987, 16 CLC (HCD)
....eal is dismissed, but in the facts and circumstances of the case we make no order as to costs. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 10. ......llant's stay abroad that he was prevented by sufficient cause from appearing when the suit was called on for hearing. Mere absence from the country in the facts and circumstances of the case does not amount to a sufficient cause. In the background of the case history we are inevitably led to inquire......eal is dismissed, but in the facts and circumstances of the case we make no order as to costs. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 10. ..Category: Procedural Law | Date: | Hits: 101
KDH Laboratories Ltd. Vs. Pubali Bank and Ors., 1987, 16 CLC (HCD)
.... therefore, completely unauthorised by any provision of law. Nor can section 151 of the Code of Civil Procedure be called in aid, because Order 9, rule 7 and Order 9, rule 13 between them exhaust the whole gamut of situation that might arise during the course of an ex parte hearing. When specific pr......ry of TK. 1,50,00,000/- being the market value of the plaintiffs balance stock of goods lying in the defendant-bank's pledged godown, as well as for recovery of damages for wrongful detention thereof amounting to Tk. 70,00,000/-. 3. The certified copy of the order-sheet shows that the defendants ...... provision to that effect is no less compelling." "As a general rule, therefore, the superior Courts lean against ex parte hearing. We realise that this is a suit for recovery of a heavy amount of money and the door of justice cannot be shut by way of penalising the opposite parties for their del..Category: Civil Law | Date: | Hits: 83
Arab Bangladesh Bank Ltd. Vs. Ziauddin and others, 1998, 27 CLC (HCD)
....d by the trial Court while disposing of the suit on merit. The connected Memorandum of Cross Objection is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 36. ......o.1 exceeding 1/4th of her share now being kept in the bank with the name of her late husband and the trial Court also allow defendant No.1 who is respondent No.5 here withdraw 1/4th of the deposited amount from the appellant bank. 2. The short fact leading to this appeal is that, the plaintiffs ......nt bank. 2. The short fact leading to this appeal is that, the plaintiffs who are respondents here instituted the aforesaid suit praying for a declaration that they are entitled to 3/4th amount of money now being kept with the appellant-bank in FDR showing in the name of defendant No.1 and her la..Category: Banking Law | Date: | Hits: 122
Bashiruddin Ahmed Vs. Ministry of Finance, National Board of Revenue, 1996, 25 CLC (HCD)
....n the result, the Rule is discharged without any order as to costs. The stay order granted by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 33. ...... Taka 1, 40, 50,000.00. His offer being the highest amongst the competitors the Mongla Port Authority accepted the offer of the petitioner and issued a sale order on 22-11-94 on receipt of the entire amount. The said order dated 22-11-94 issued by the receiver is annexed to the petition and marked a......n the result, the Rule is discharged without any order as to costs. The stay order granted by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 33. ..Category: Fiscal/Taxation Law | Date: | Hits: 86
Habib Bank Limited Vs. UAE Bangladesh Investment Company Limited and another, 1998, 27 CLC (HCD)
.... and, as such, this appeal is barred by limitation and it cannot be maintained. 20. We could have disposed of this appeal simply on the ground of maintainability but for proper appreciation of the whole matter and for avoiding future complications we intend to enter into the merit of the case and...... with BCCI, Foreign Exchange Branch, Dhaka and on 16-3-89 BCCI affirmed the receipt of the aforesaid US dollars. The plaintiff then sought permission from Bangladesh Bank for depositing the aforesaid amount in the International Money Market for Profit and got the permission on 30-5-89 and on receipt......nt No.3 illegally and with malafide intention has not transferred the aforesaid amount on being requested by defendant No.1. Rather they set up a claim over the amount stating that they will get some money from defendant No.1 and they wanted to set off their claim. It is the case of the plaintiff th..Category: Banking Law | Date: | Hits: 136
Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)
....breadth of the country by several media of the Government. The statement made by the Home Minister in the Parliament is a direct aspersion not only on the Supreme Court but also on the judiciary as a whole. The statement of the Home Minister was not only made in Parliament but the same were also pub......the High Court Division for taking appropriate legal action as Mr. Moudud Ahmed thinks that statements of the Home Minister in the Parliament are very much objectionable and contemptuous and the same amount to interference with the course of Justice. 11. Mr. Mahmudul Islam, the learned Attorney-G......rily rejected the application, the question of granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ..Category: Criminal Law | Date: | Hits: 54
Satya Narayan Poddar Vs. State, 2001, 30 CLC (HCD)
....charged. Stay granted earlier is vacated and he learned Magistrate is directed to dispose of the case expeditiously in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 403. ......t was presented for encashment. Then the plaintiff served another notice on 31-1-2000 which was received by the accused petitioner on the same date but the accused neither gave any reply nor paid the amount of the cheque. Then the complainant filed the present case on 9-8-2000. 3. The question ra......charged. Stay granted earlier is vacated and he learned Magistrate is directed to dispose of the case expeditiously in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 403. ..Category: Criminal Law | Date: | Hits: 35
Bashir Ahmed and others Vs. Ayub Ali Mollah, 1998, 27 CLC (HCD)
....ting the defendant tenant if he does not vacate the suit premises within 60 (sixty) days. Send down the lower Court record at once. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 55. ......ting the defendant tenant if he does not vacate the suit premises within 60 (sixty) days. Send down the lower Court record at once. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 55. ......defendant offered rent of December, 1992 in favour of the plaintiff but the rent was not accepted nor the rent of January, 1993 was accepted by the landlord and the rent being sent to the landlord by money order the defendant filed House Rent Case No. 5 of 1993 and that the defendant was not aware o..Category: Tenancy Law | Date: | Hits: 148
Jebun Nessa Zaman and Others Vs. Hosne Ara Lili, 2001, 30 CLC (HCD)
....uit is dismissed. The order of stay granted at the time of issue of the Rule is recalled. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 394. ......hop on 01-07-87 from the petitioner No.1 on the basis of an agreement. As per terms of the agreement, the plaintiff deposited Taka 90,000 with said petitioner as security. It was stipulated, the same amount would be returned to the plaintiff at the time of vacating the suit premises. On 29-05-95 a f......cluding goodwill, capital, furniture etc, and they would pay the plaintiff Taka 7,000 per month in lieu thereof, said petitioner Nos.2 to 5 in collusion with petitioner No.1 stopped paying the agreed money since May, 1996. On 15-07-96 petitioner No.1 refused to renew the agreement of monthly lease a..Category: Civil Law | Date: | Hits: 82
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two
....ht to be exercised and this characteristic will be found on examination to be the trait common not only to all the rules already enumerated, but to by far the greater part (though not quite to the whole) of the conventions of the Constitution." 237. The written Constitutions cannot provide f......ery of judgment for reduction of the sentence. The principle of law is that communication with a judge for the purpose of influencing him on the subject matter of the case pending before the judge amounts to contempt of Court. See Jawand Singh Vs. Om Prakash, AIR 1959 (Punj) 632. In In re-Dyce S......le that it refers only to such judges who were practically indulging every evening in wining and dining at a lawyer's place or a foreign embassy or whose sons, sons-in-law and brothers are minting money by abusing their position. Having regard to these facts they did not think that it was a fit ..Category: Criminal Law | Date: | Hits: 130
National Sports Council Vs. A Latif and Company, 2001, 30 CLC (HCD)
....rty made under section 8(2) of the Arbitration Act is rejected. Order of stay granted at the time of issue of the Rule is hereby re-called. Ed. This Case is also Reported in: 53 DLR (2001) 386. ......ch necessitated change of the design. Thereafter, he did not work. It is also not disputed that opposite party never made any formal demand before the petitioner either by submitting any bill for any amount due to him or by otherwise. Opposite party avoided all the requests of the petitioner for dis......actor never made any demand of loss nor there was any scope given to the employer to deny such claim. Even in his statutory notice, he could not assert that he ever made the demand for payment of any money and the employer denied any such claim. He made the demand for payment of money for the first ..Category: Alternative Dispute Resolution | Date: | Hits: 186
Resource International Vs. MV Sargodha and others, 2001, 30 CLC (HCD)
....sted by this Court due to the default of the defendants and consequently, the counter-claim is not entertainable and the same is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 381. ...... and late delivery of cargo. Initially, the plaintiff laid the claim for Taka 45,00,962.00 on account of damages for non delivery and or late delivery of cargo. The amended claim is for the aforesaid amount for damages and compensation under different heads as detailed in paragraph 6(c) of the plain......sted by this Court due to the default of the defendants and consequently, the counter-claim is not entertainable and the same is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 381. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 214
....n the above facts and circumstances we find no merit in this Rule.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 7.......posal by publishing notice in the newspapers (vide Annexure-E). Though the petitioner was surprised by the said move of the Government collected a bid document on payment and deposit of the requisite amounts. (Annexure-G, G-1 and G-2) Out of five originations that had purchased the bid documents onl......fit bids in newspapers on 9- 10-98 and 10-10-98 (vide Annexure-K). Further case of the petitioner is that respondents having given assurance to the petitioner and the petitioner spent time, skill and money for the project on such assurance it created a legitimate expectation of getting the work. But..
Category: Civil Law | Date: | Hits: 92
....ot been tendered within the provision of section 7 of the Artha Rin Adalat Ain. The Petition of Appeal is therefore rejected summarily.
Ed.
This case is also Reported in: 52 DLR (HCD) (2000) 4.
...... Rin Adalat Ain the defendants had to file the Bank-guarantee for enabling them to prefer appeal under section 7 of the Artha Rin Adalat Ain which provides for payment of at least 50% of the decretal amount within 30 days from the date of the decree for preferring the appeal. It is submitted that th......for preferring the appeal. It is submitted that the Bank-guarantee furnished can be construed as 50% of the decretal amount as according to the learned Advocate this Bank-guarantee is as good as cash money and in support of his submission Moulavi Md Wahidullah placed reliance in the case of Uttara B..
Category: Banking Law | Date: | Hits: 108
Anwar Karim and others Vs. Bangladesh Bank and others, 1999, 28 CLC (HCD)
....lity of respondent No. 5 under the borrower code No.9187 is declared to have been made without lawful authority and of no legal effect. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 1. ...... Mills was granted cash creditor loan limit of Taka 35 lakh on 2-5-88 from the respondent No.6 IFIC Bank and the said loan was granted for a short period up to 30-9- 88 on hypothecation of goods. The amount with interest was increased to Taka 121 lakh and remained overdue even after 30-9-88 and, as ......lity of respondent No. 5 under the borrower code No.9187 is declared to have been made without lawful authority and of no legal effect. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 1. ..Category: Banking Law | Date: | Hits: 121
Oram Limited Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka, 2000, 29 CLC (HCD)
....28,688.00 for the period from August, 1995 to May, 1997 are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 53 DLR (2001) 373. ......ce of the Mosquito Coils of the petitioner should be the price as fixed in respect of ARS and Cock brand mosquito Coils with effect from August 1995 and accordingly directed the petitioner to pay VAT amounting Taka 1,14,688.70 alleged to be paid less due to the price fixed by it with effect from Aug......28,688.00 for the period from August, 1995 to May, 1997 are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 53 DLR (2001) 373. ..Category: Fiscal/Taxation Law | Date: | Hits: 91
Meghna Petroleum Marketing Co. Ltd. and others Vs. MF Limited and others, 2001, 30 CLC (HCD)
....No.274 of 1980 stands dismissed. The parties are directed to bear their respective costs although. Sand down the LC Record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 368.......ame within the Pourashava area, but did not give declaration of import of petroleum at the entry point as well as did not pay octroi dues as per the Rules. So the plaintiffs had been deprived of huge amount of octroi. 8. The principal defendants contested the suit by filing a written statement de......earned Third Court of Sub Judge. Dhaka decreed the suit. Hence, this appeal. 9. The material question that was for considering before the Subordinate Judge, whether the plaintiffs were entitled to money decree for realisation of the amount of octroi dues payable by the defendants No.1-2 and 3 to ..Category: Fiscal/Taxation Law | Date: | Hits: 91
Md. Rana Vs. State, 2010, 39 CLC (AD)
....hem. Thereafter, he lodged the FIR. After investigation, the police submitted charge-sheet against the petitioner and another. The petitioner obtained bail and thereafter absconded throughout the whole period of trial. The Assistant Sessions Judge, after trial, convicted the petitioner and anoth......Case No.62 of 2002, in convicting the petitioner and another under Section 394 of the Penal Code and sentencing them to suffer rigorous imprisonment for a period of 10 (ten) years and also to fine an amount of Tk. 10,000/-, in default to suffer rigorous imprisonment for a further period of 1 (one) y......n behalf of the petitioner merits no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 629, 15 MLR (AD) (2010) 173, VIII ADC (2011) 899...Category: Criminal Law | Date: | Hits: 39
Md. Mansur Rahman Vs. Abdul Mannan Sardar and others, 2009, 38 CLC (AD)
....ly. In the facts and circumstances of the case, we do not find any merit in the application. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 623.......ly. In the facts and circumstances of the case, we do not find any merit in the application. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 623.......rt fixed 18.08.2005 for auction and on that date the auction purchaser-respondent No.1 hereof participated in the bid and his bid, being highest, was accepted. Accordingly he deposited 25% of the bid money on that date and subsequently deposited the balance of the bid money. Thereafter the auction s..Category: Civil Law | Date: | Hits: 79
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