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Abdur Rashid alias Abdur Rasheed Vs. Judge, Artha Rin Adalat No.1, Chittagong, 2009, 38 CLC (AD)
..... We find that the High Court Division committed no illegality in discharging the Rule. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 611.......and). 4. The suit was decreed on contest with cost on 23.02.1991 with an order that the plaintiff bank is entitled to get Tk.7,34,435/- from the defendant Nos.1 and 2 who shall pay the half of the amount and the defendant No.3 shall pay the another half to the plaintiff. 5. The decree holder-b......y Suit No.48 of 1990 (subsequently re-numbered) against the defendant No.1 M/s. Hasan Cement Store, Nazirhat Bazar, Police Station-Fatikchari, District-Chittagong and others for realization of loan money of Tk.15,83,000/- (Taka fifteen lac eighty three thousand). 4. The suit was decreed on co..Category: Civil Law | Date: | Hits: 77
Md. Helal Uddin and others Vs. M. A. Jakir and another, 2010, 39 CLC (AD)
....rightly affirmed the judgments of the Courts below. We, therefore, find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 604.......ers in the disputed holding because of separation of Jama. The case has been filed on the basis of some false allegations. After purchase they developed the case land by filling earth spending huge amount of money etc. 4. The learned Senior Assistant Judge, Gazipur allowed the pre-emption by th...... disputed holding because of separation of Jama. The case has been filed on the basis of some false allegations. After purchase they developed the case land by filling earth spending huge amount of money etc. 4. The learned Senior Assistant Judge, Gazipur allowed the pre-emption by the judgment..Category: Property Law | Date: | Hits: 22
Md. Ahia Vs. Md. Azimuddin and others, 2010, 39 CLC (AD)
....judgment of the appellate court which was the last court of fact. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 600. ......benefit of the minor and received Tk. 30,000/- as advance money on the date of signing the agreement on 29.12.1984. There was a condition that the plaintiff might pay Tk.50,000/- from the rest of the amount within a week and the rest will be paid within 3 years from the date of signing the agreement......reement was signed on 29.12.1994. The father of the defendant Nos.1 and 2 Md. Shajahan signed the agreement on behalf of the minors for the benefit of the minor and received Tk. 30,000/- as advance money on the date of signing the agreement on 29.12.1984. There was a condition that the plaintiff m..Category: Property Law | Date: | Hits: 25
Md. Abdur Rouf Vs. Judge of Artha Rin Adalat No.1, Dhaka, 2010, 39 CLC (AD)
.... Code of Civil Procedure has no manner of application in this case. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 548.......e judgment debtor petitioner filed an application dated 12.10.2008 under Section 19(1) read with Section 57 of the Artha Rin Adalat Ain, 2003 praying for passing an order for payment of the decreetal amount by installments as provided under Section 49(1) of the Artha Rin Adalat Ain, 2003 under com......he petitioner could not repay the loan due to malpractices of other partners and the business of the petitioner collapsed. The respondent No.2 Bank instituted the aforesaid title suit for recovery of money. The defendant petitioner contested the suit by filing written statements. Thereafter the suit..Category: Civil Law | Date: | Hits: 73
Md. Rustom Ullah and others Vs. Md. Zomiruddin and others, 2009, 38 CLC (AD)
.... decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 541....... decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 541.......to the defendant Nos.1, the upazilla parishad Nabiganj and also the defendant No.4, the Deputy Commissioner Habiganj but the defendant No.2, the Chairman of the Upazilla parishad spent the sanctioned money for the union parishad and when the Chairman of union parishad complained about it before the ..Category: Civil Law | Date: | Hits: 72
State Vs. Zakaria Pintu alias Md. Zakaria Pintu and others, 2010, 39 CLC (AD)
....s dated 20.04.2010, praying for vacating the order of stay, granted earlier by this Division, stands rejected. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 420, 31 BLD (AD) (2011) 20. ......minate grant of bail, however, merely on the request of a person, who appears in Court, and thereby surrenders himself to that Court, without the other conditions for such bail being satisfied, would amount to an act of judicial extravagance which cannot be countenanced.” 21. This Division, in ......s dated 20.04.2010, praying for vacating the order of stay, granted earlier by this Division, stands rejected. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 420, 31 BLD (AD) (2011) 20. ..Category: Criminal Law | Date: | Hits: 68
Advocate Md. Salahuddin Dolon Vs. Government of Bangladesh and Others, 2010, 39 CLC (HCD)
....pondent No.1, the Ministry of Education by a special messenger of this Court at the cost of the office. Syeda Afsar Jahan J. I agree Ed. This Case is also Reported in: 63 DLR (HD) (2011) 80. ...... clear instance of gender based discrimination perpetrated by a state official. She further submits that the impugned action is an example of attempts to impose dress codes on women and such attempts amount to violation of fundamental rights of women as enshrined in the Constitution. She then submit......pondent No.1, the Ministry of Education by a special messenger of this Court at the cost of the office. Syeda Afsar Jahan J. I agree Ed. This Case is also Reported in: 63 DLR (HD) (2011) 80. ..Category: Constitutional Law | Date: | Hits: 201
Abdul Rouf (Md.) alias Nayan Vs. State and another, 1999, 28 CLC (HCD)
.... Rule is made absolute. Proceedings of CR Case No. 301 of 1990 pending in the court of Chief Metropolitan Magistrate, Chittagong are quashed. Ed. This Case is also Reported in: 53 DLR (2001) 283.......t be in a position to make cash payment and requested for delivery of potato on credit and accordingly, the potato was delivered on credit on such representation and after the end of the year a total amount of Taka 2,00,826.00 became due for delivery of potato to the accused persons. On demand on se...... Rule is made absolute. Proceedings of CR Case No. 301 of 1990 pending in the court of Chief Metropolitan Magistrate, Chittagong are quashed. Ed. This Case is also Reported in: 53 DLR (2001) 283...Category: Criminal Law | Date: | Hits: 39
.... Suit No. 22 of 1987 within three months from the date of receipt of this order.
Communicate the order to the learned Court below at once.
Ed.
This Case is also Reported in: 53 DLR (2001) 280....... Suit No. 22 of 1987 within three months from the date of receipt of this order.
Communicate the order to the learned Court below at once.
Ed.
This Case is also Reported in: 53 DLR (2001) 280....... Suit No. 22 of 1987 within three months from the date of receipt of this order.
Communicate the order to the learned Court below at once.
Ed.
This Case is also Reported in: 53 DLR (2001) 280...
Category: Civil Law | Date: | Hits: 91
Abdul Samad Gazi Vs. Abdul Khalil Gazi and others, 2000, 29 CLC (HCD)
.... Munsif is hereby affirmed. In the result, the Rule is made absolute but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 53 DLR (2001) 262....... The deposition of the DW 7 is found to be contradictory to the deposition of the defendant No.1 (DW 1) and other witnesses adduced on his behalf who deposed that the defendant No.1 received the loan amount of Taka 150.00 from the DW 7 and handed him over the blank stamp paper with his signatures on...... necessary deed of sale in favour of the plaintiff as soon as possible that the plaintiff accordingly went into possession of the suit land and from time to time offered the rest of the consideration money and demanded execution and registration of the deed of sale but without any response from the ..Category: Civil Law | Date: | Hits: 94
Star Medical Store Vs. Subordinate Judge, Artha Rin Adalat and other, 2001, 30 CLC (HCD)
....ears by this time. For the reasons and discussions made above, this writ petition does not merit and accordingly it is rejected summarily. Ed. This Case is also Reported in: 53 DLR (2001) 254.......e if the suit would have been tried as an ordinary money suit as covered by the Civil Procedure Code the petitioner could have filed an appeal on payment of ad valorem court fee only, on the decretal amount and within 90 days from the date of the decree, But as the instant suit has been decided as a......petition are that, the petitioner took some loan from the respondent No.2 the Uttara Bank and since the loan could not he paid within the schedule time the said case was filed at first as an ordinary money suit being No.82 of 1982 for realisation of the said loan money. During the pendency of that s..Category: Civil Law | Date: | Hits: 93
Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....nlawfully from the Nikah Registry area of the petitioner. As the petitioner was appointed Nikah Registrar for 7(seven) Unions including curtailed unions so he is entitled to continue, as such for the whole area of the 7 Unions. 7. The said Rule was contested by the respondent No 4 denying the all......ter alia, that he having been appointed after the coming into operation of 5A on 27-2-94 and continued as such for more then 2(two) years was not liable to be removed from his Additional Charge which amount to cancellation of the licence of the petitioner for the said No. 4 Annadanagar Union. 22....... has not taken any step during the last 5 years after revocation of his licence. Any alleged functioning of the petitioner as Nikah Registrar is wholly unauthorised and illegal and alleged deposit of money in the treasury does not make the petitioner a Nikah Registrar. It is not the District Registr..Category: Constitutional Law | Date: | Hits: 109
Abdul Hamid Chowdhury and others Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
.... Accordingly, we answer both the questions in the negative and in favour of the assessee applicant, however, without any order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 234.......-93 showing a total income of Taka 93,916.00 but in assessing the total income of the assessee applicant the DCT estimated gross income from profession at Taka 3,00,000.00 and deducted expenses of an amount of Taka 1,25,000.00 and thus computed net income from profession at Taka 1,75,000.00 as again...... Accordingly, we answer both the questions in the negative and in favour of the assessee applicant, however, without any order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 234...Category: Fiscal/Taxation Law | Date: | Hits: 64
Pubali Bank Ltd. Vs. Abdul Jalil Bhuiyan, 2000, 29 CLC (HCD)
....rected to dispose of the execution Case with utmost expediency. Communicate the order of the court to the learned execution court at once. Ed. This Case is also Reported in: 53 DLR (2001) 217.......ase are that, the petitioner Bank as plaintiff instituted a suit in the court of the Artha Rin Adalat and Subordinate Judge, 2nd Court Madaripur being Money Suit No. 83 of 1991, for realisation of an amount of Taka 13,23,315.09 as outstanding dues as on 28-3-91. During the pendency of the suit the d......er dated 18-9-97 passed by the learned Subordinate Judge and Artha Rin Adalat, 2nd Court, Madaripur in Money Execution Case No. 25 of is set aside. 11. The order staying all further proceedings of money executing Case No.25 of 1994 pending before the Artha Rin Adalat and Sub ordinate Judge, Madar..Category: Civil Law | Date: | Hits: 92
Titas Gas (T & D) Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....the affirmative and against the assessee applicant and we refrain from answering the other questions. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 209. ......the disallowance in profit and loss account and these questions have been formulated in the following terms: “Whether, the Taxes Appellate Tribunal was justified in not allowing deduction of the amount as deducted as Jamuna Bridge Levy, and In reference Application Nos. 47 of 1994 and 48 of 199......the affirmative and against the assessee applicant and we refrain from answering the other questions. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 209. ..Category: Fiscal/Taxation Law | Date: | Hits: 82
Bangladesh Water Development Board Vs. Contractor, Manu Barrage, 2000, 29 CLC (HCD)
....ll realisation. The parties are directed to bear their own respective costs. Send down the record of the case without any further delay. Ed. This Case is also Reported in: 53 DLR (2001) 200. ......to the full satisfaction of the defendants. On 5-12-1982 the plaintiff submitted his final bill being No.50 which stood at Taka 16,03,278.00 on account of outstanding dues out of bill Nos. 46-49. The amount having not been paid, on 3-7-1983 the plaintiff made a representation to the Chairman of the ...... Taka 1.48 crore in excess. For the reason the defendant withheld the payment against the 50th bill and also did not return the security deposit. When the plaintiff was asked for return of the excess money the plaintiff on 16-8- 1984 gave the notice for appointment of an Arbitrator for arbitration o..Category: Civil Law | Date: | Hits: 132
Motaleb Hossain (Md) Vs. State and another, 2000, 29 CLC (HCD)
.... Magistrate ‘Ka’ Zone, Sirajganj is quashed. The accused petitioner is discharged from his bail bonds. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 198. ......h the parties. In the Case reported in 46 DLR (AD) 180, we find that the accused took delivery of jute worth Taka 83,059 and made payment of Taka 40,000 in cash and gave an assurance that the balance amount would be paid within three days. In this case the Appellate Division held the view that as th......ue was dishonored though it was presented for encashment on three dates. According to him, the accused petitioner in order to cheat the complainant issued the cheque knowing fully well that he had no money in his account. 4. Mr. Khurshid Alam Khan in support of his views referred to the cases of ..Category: Criminal Law | Date: | Hits: 42
Fazar Ali Vs. Mizanur Rahman and another, 2010, 39 CLC (AD)
....with the concurrent findings of fact. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 518.......with the concurrent findings of fact. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 518.......e entered into a contract on 14th June, 1973 for sale of the said land with the plaintiff at a consideration of Tk. 14,000/- out of which the defendant received Tk. 10,000/- towards the earnest money. It was stipulated in the agreement that the defendant would receive the balance consideration..Category: Property Law | Date: | Hits: 23
Hazi Sanjob Ali Vs. Hurmuj Ali and others, 2010, 39 CLC (AD)
.... the judgment of the trial court that correctly dismissed the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 513....... of Jhamok who executed a registered kabuliat in their favour on 30th As win, 1325 B.S. the land was originally laik patit in nature and the settlement holders reclaimed the same by spending huge amount of money and labour they also paid rent of the same to the zaminder shreesta. The plaintiffs ...... who executed a registered kabuliat in their favour on 30th As win, 1325 B.S. the land was originally laik patit in nature and the settlement holders reclaimed the same by spending huge amount of money and labour they also paid rent of the same to the zaminder shreesta. The plaintiffs since the ..Category: Property Law | Date: | Hits: 28
Gonesh Ghosh Vs. Babu @ Sabir Ahmed and others, 2010, 39 CLC (AD)
....the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 501.......the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 501.......ver challenged by the plaintiffs. It is expressly averred in the kabala that Keshob purchased the said property by his own personal wealth and means and the same was never purchased by the wealth and money of the undivided joint family; that the plaintiffs have no locus standi to challenge the decre..Category: Property Law | Date: | Hits: 29
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