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Rajab alias Rajab Ali and others Vs. State, 2011, 40 CLC (HCD)
....as Md. Sujan Miah and another…………..Petitioners (In Criminal Miscellaneous Case No.10714 of 2003) Vs. The State………………………………………………………….Opposite party (In both cases) Judgment May 26, 2011. Result: The Rules are made absolute. Cas......rom his bail bond. Let the lower Court's record along with a copy of this judgment be sent down to the concerned Tribunal at once. Ed. This Case is also Reported in: 19 BLT (HCD) (2011) 492. ......rom his bail bond. Let the lower Court's record along with a copy of this judgment be sent down to the concerned Tribunal at once. Ed. This Case is also Reported in: 19 BLT (HCD) (2011) 492. ..Category: Criminal Law | Date: | Hits: 86
....ts as placed before the High Court Division are that the plaintiff instituted Other Class Suit No.247 of 1993 in the Court of learned Senior Assistant Judge, Natore Sadar, Natore against the opposite party No.1 and the predecessor of the opposite party No.2 for Specific Performance of Contract stati......deration. He transferred the said land to Dr. Ashim Kumar Ghosh on getting consideration money and he paid the price of the land under dispute. The plaintiff used to live in Dhaka and the question of payment of Tk. 45,000/- and Tk. 30,000/- from Dhaka to Monsur Rahman does not arise at all. He never......iginally belonged to Md. Monsur Rahman, the predecessor-in-interest of the defendant Nos.1-2. At the time of purchase of the said land Monsur Rahman took an amount of Tk. 45,000/- and Tk. 30,000/- as loan from the plaintiff. The said Monsur Rahman is the full brother of the plaintiff and as such no ..
Category: Property Law | Date: | Hits: 70
Bangladesh Vs. Goutam Kumar Saha and others, 2009, 38 CLC (AD)
....titution are for granting leave to prefer appeal against the common judgment and order dated 26.08.2009 passed in disposing of the Writ Petition Nos.7705 and 7706 of 2006 making the Rules absolute in part. 2. The respective writ petitioners moved the High Court Division challenging the vires of S......e. Thus we do not find any substances in the application. Accordingly both the petitions are dismissed without any order as to costs. Ed. This Case is also Reported in: 19 BLT (AD) (2011)169.......e. Thus we do not find any substances in the application. Accordingly both the petitions are dismissed without any order as to costs. Ed. This Case is also Reported in: 19 BLT (AD) (2011)169...Category: Employment/Service Law | Date: | Hits: 47
..../s Drums Metal Ltd. an advertisement was published in the newspaper on June 20, 1976 for the sale of the said industrial undertaking in auction to the highest bidder. The petitioner along with others participated in the bid on May 20,1976 and offered Tk. 91 lacs towards the price of the lands, machi......d letter the petitioner made representation to the Government to reduce price for shrinkage of the land. But that not being accepted the petitioner agreed to purchase 3.28 acres of land and made down payment of Tk. 22 lacs to the Government as required by the letter of intent. Thereafter, the Minist......ondents in issuing notices? Our answer is in the negative.
For the above discussion, the Rule is discharged. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 144.
..
Category: Property Law | Date: | Hits: 92
Taslimuddin alias Tasir and others Vs. State, 1991, 20 CLC (HCD)
.... Ghoraghat police and he had many enemies. Thus we find that P.Ws. 1, 2, 3 and 4 are all sons of the deceased and none of them could say anything about what happened to their father after he made a departure from the company of his son Amjad in hat and proceeded towards his home. P.Ws.1‑4 particul......iled a case in the police station against Reazuddin. It was transferred to the Union Parishad and in that case Reazuddin was ordered to pay a fine of Tk. 2,000.00 and Taslimuddin stood surety for the payment of the said sum within one week and before the expiry of that date the occurrence took place......ply to cross, he stated that it was a hat day and many people passed through the road,. In reply to defence suggestion he said that he did not know whether his father took money from Amjad in lieu of loan but he admitted that his father took money from Montaz and Sattar and orally gave them some pro..Category: Criminal Law | Date: | Hits: 76
A Elahee & Co. Vs. MM Aziz and others, 1991, 20 CLC (HCD)
....nder section 115 of the Code of Civil Procedure and is directed against an order dated 2.9.90 passed by the Subordinate Judge, 2nd Court, Chittagong in Money Suit No. 32 of 1990 decreeing the suit in part on admission made by the defendant‑petitioner in his pleading in suit. 2. Facts leading to......by road/railway. The plaintiff submitted 10 bills for Tk. 15,44,254.00 out of which defendant Co. paid in Tk. 2,00,000.00 on 27.1.90, Tk. 1,00,000.00 on 22.2.90 and Tk. 1,00,000.00 on 19.3.90 a total payment of Tk. 4,00,000.00. 'Me carrying work was completed on 1.1.90. The defendant submitted his l......wn admission bills to an amount of Tk. 21.00 lacs are pending to be paid to the defendant Company by the BADC which is expected to be paid soon but the plaintiff has nothing to fall upon to repay the loan already incurred in the market. 11. In the instant case, the point to be decided is whether ..Category: Civil Law | Date: | Hits: 104
Bangladesh and others Vs. Abdul Aziz, 2011, 40 CLC (HCD)
....arned Assistant Judge, Nasirnagar, Brahmanbaria on 30-4-2006 in Title Suit No. 110 of 2005 decreeing the suit. 2. The short facts which have given rise to the Rule are as follows: the opposite party as plaintiff filed Title Suit No.110 of 2005 in the Court of Senior Assistant Judge, Nasirnaga......otice in the prescribed form and in the prescribed manner and within the prescribed period to the revenue officer; (c) When he voluntarily abandons his residence without making any arrangement for payment of the rent as it falls due and ceases to cultivate his holding either by himself or by memb......revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897...Category: Procedural Law | Date: | Hits: 72
....0/- with interest. Subsequently, the suit was transferred to the 4th Artha Rin Adalat, (shortly, the Adalat) Dhaka and renumbered as Artha Rin Case No.153 of 2009. Eventually, the suit was decreed ex-parte for an amount of Tk.5, 90, 40,000/- (five crore ninety lac forty thousand).
6. Pending hear......ted earlier by this court stands vacated.
Communicate the judgment to respondent No.2 at once.
Md. Emdadul Huq J. - I agree.
This Case is also Reported in: 64 DLR (HCD) (2012) 116.
......ile Bank Limited, Kowranbazar Branch, Dhaka (shortly the plaintiff-Bank). The petitioner obtained an SOD limit of Tk.65, 00,000/- (sixty five lacs) in terms of a sanction letter dated 29.01.2004. The loan was enhanced from time to time and lastly it was enhanced to Tk.4, 85, 00,000.00 (four crore ei..
Category: Civil Law | Date: | Hits: 147
State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)
....Majedur Rahman by sharp cutting weapon and instantly he felt down on the paddy field on the southern side of the road and thereafter other persons, who were waiting besides the road, came forward and participated in slaughtering Majedur Rahman Mridha alias Maju with sharp cutting weapon. The miscrea...... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310. ...... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310. ..Category: Criminal Law | Date: | Hits: 82
Subodh Ranjan and others Vs. State, 1993, 22 CLC (HCD)
....1 Subodh Biswas and Susil Biswas (since acquitted) are established cloth merchants and owner of a big cloth shop named 'Bastraniketon' at Monoharpur within Comilla town and that the informant and his partymen took away Bangladeshi currency notes amounting to Tk. 17,95,924.00 from the possession of a......nd they are acquitted of the charges. The accused appellants be set at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 521.......nd they are acquitted of the charges. The accused appellants be set at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 521...Category: Criminal Law | Date: | Hits: 75
Ansar Ali Vs. Yeasin Mea and others, 1993, 22 CLC (HCD)
....at date on the prayer of the plaintiff 4.6.91 was fixed for peremptory hearing. On 4.6.91 the plaintiff filed 2 applications, one under Order 11 rule 4 CPC for directing the defendants to furnish the particulars i.e. the names and addresses of the persons who are necessary parties in the suit, and a......es and addresses of the persons who are necessary parties in the suit, and another for withdrawing the suit from the list of peremptory hearing. The learned Trial Court allowed the prayers subject to payment of Tk. 1000.00 as CP Cost and fixed 7.7.91 for orders. Before this date on 5.6.91 the plaint......acated. The learned trial Court is hereby directed to conclude the trial expeditiously preferably within 3 (three) months from date. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 517...Category: Procedural Law | Date: | Hits: 68
....r tax is a question of fact inasmuch as whether an assessee is entitled to super tax rebate or not, it has to be determined on consideration of relevant law in the facts and in the circumstances of a particular assessment year. We find force in the contention of Mr. Rokanuddin Mahmud. The question a......the super tax. In order to get rebate @ 5% on super‑tax for the assessment year in question the assessee should be a public limited company, it must make effective arrangement for declaration and payment of dividend in the taxable territories out of the profits and gains liable to be taxed under......answer the question Nos. 4 and 5 in the affirmative and against the assessee.
The parties are left to bear their respective costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 510.
..
Category: Fiscal/Taxation Law | Date: | Hits: 139
Abdur Rahim Vs. Momotaz Begum and others, 2011, 40 CLC (HCD)
....ion) Present: Hasan Foez Siddique J Jahangir Hossain J Abdur Rahim…………………………………………Petitioner Vs. Momotaz Begum and others……………....Opposite parties Judgment July 27, 2011. Cases Referred to- Nizamuddowla Vs. Nurul Islam and ors.......rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96. ......rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96. ..Category: Limitation Law | Date: | Hits: 219
Saijuddin Molla Vs. Abdur Rahman and others, 2011, 40 CLC (HCD)
....urisdiction) Present: Sheikh Abdul Awal J Saijuddin Molla…………………………………….......Petitioner Vs. Abdur Rahman and others………………………..Opposite-parties Judgment November 22, 2011. Cases Referred to- 33 DLR (AD) 113; 31 DLR (AD) 89; ......n Pre-emption Miscellaneous Case No.21 of 2003 is set-aside. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: ......n Pre-emption Miscellaneous Case No.21 of 2003 is set-aside. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 62
Jiban Bima Corporation and another Vs. A.K.M. Harun-Or-Rashid and others, 2011, 40 CLC (AD)
....ctual date of birth and accordingly, the impugned order retiring the writ petitioner and asking for refund of money was lawful. 5. A Division Bench of the High Court Division upon hearing both the parties and on consideration of the materials on record and taking into account the provisions of th...... appeal which is accordingly allowed, without however, any order as to costs. The impugned judgment and order of the High Court Division is hereby set aside. Ed. This Case is also Reported in: ...... appeal which is accordingly allowed, without however, any order as to costs. The impugned judgment and order of the High Court Division is hereby set aside. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 58
Kazi Abdul Awal Zewar Rashid Vs. Dhaka Municipal Corporation and another, 1990, 19 CLC (HCD)
....sides and perused the impugned order. 4. It appears that the learned Court below rejected the application for local investigation writing only four lines and it is to the effect that the matter is part‑heard, the application is belated and hence the Court finds no reason why local investigation......t his report within fifteen days from appointment. The stay granted earlier is thereby vacated. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 509. ......t his report within fifteen days from appointment. The stay granted earlier is thereby vacated. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 509. ..Category: Property Law | Date: | Hits: 71
....uld prejudice the petitioner and as such in good faith took no steps in the said writ petition. But the Government as pro forma respondent took no step in the matter and the Rule was made absolute ex parte. The petitioner came to learn from Respondent No.1 on 5.6.91 that the Rule was made absolute a......Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 502.......Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 502...
Category: Civil Law | Date: | Hits: 87
....payment of just and fair compensation and for allotment of alternative plot/side for their rehabilitation had gone unheeded.” The aforesaid statement is absolutely vague without giving any material particular for consideration of this Court from which this Court can form its opinion as to the natu......ities were taking step to transfer the land under requisition to some other persons and they were threatened with eviction forcibly from the land on 28.11.80. The petitioners moved the Government for payment of just and fair compensation and for allotment of the alternative plots in vain. Thereafter......ion under Article 102 of the Constitution.
In view of our aforesaid discussion, we discharge the Rule without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 498...
Category: Property Law | Date: | Hits: 79
Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)
....is uncle Makbul Ali and Jinnat Ali and as such, Elahadad Chowdhury acquired no right, title and interest in the suit property. Elahadad Chowdhury then created a fraudulent, collusive and void deed of partition in respect of the suit property with some heirs of Ali Hossain on 25.02.1940, following wh......wdhury, father of defendant No.21 and the brother’s son of the said Makbul Ali, acquired kot mortgage interest in the suit land from Sultan Ahmed Bahaddar by a registered kabala dated 11.09.1924 on payment of proper consideration and he possessed the suit land in khas as the mortgagee under the he......ce with the impugned judgment and decree. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ..Category: Property Law | Date: | Hits: 116
Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)
....amp; Firms asking writ-petitioner No.2 (respondent No.2 herein) and one Ms. Lan-Sun Park nominee Director of writ-petitioner No.1 Company TaeHung Packaging (BD) Limited Paper Manufacturing Company to participate in the hearing before him on 24.10.2007 at 10:00 a.m. on the application filed by the pr......d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ......d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ..Category: Company Law | Date: | Hits: 235
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