Search Options
Judgment Advanced Search
Displaying 2421-2440 of 3988 results.
Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)
....000 was written in the deed. Tempted by such low price, the preemptors made the application for preemption by deposit of Taka 95,000 only together with compensation of Taka 9,500. To substantiate his claim, certified copies of 4 contemporaneous kabalas were also filed. If the valuation of the case w......f Civil Procedure, in brief, the Code, against order No. 33 dated 4-5-2000 passed by Senior Assistant Judge at Sadar in Sunamganj in Miscellaneous Case No. 22 of 1998 (pre-emption). 2. Short facts for disposal of the Rule are that opposite parties Nos. 1 and 2 made an application under section 96......- 96. (3) (a) “An application made under sub-section (1) shall be dismissed unless the applicant or the applicants, at the time of making it, deposit in the Court the amount of the consideration money or the value of the transferred holding or portion or share of the holding as stated in the no..Category: Property Law | Date: | Hits: 28
Shaikh (Md) Obaidullah Raihan Vs. Sayed Shahidul Haque Jamal and others, 2002, 31 CLC (HCD)
....the respondent No.1 is that the present writ petition has been filed only to cause harassment to the respondent No.1. The present petition is filed by Mr. Obaidullah Rahman. It has been categorically claimed that this writ petitioner was Assistant Private Secretary to Mr. AK Faezul Huq who was State......d not be declared to be illegal and without lawful authority and is of no legal effect. 2. Mr. MI Farooqui made submission of behalf of the petitioner. In the writ petition, the petitioner prayed for declaration that the respondent No.1 is holding the office of Member of Parliament without any l......tion of disqualification and for the reason mentioned earlier, the Rule is liable to be struck out. In the result, the Rule is struck out. Ed. This Case is also Reported in: 54 DLR (2002) 280...Category: Election Law | Date: | Hits: 88
....rst time that the aforesaid sales tax deducted at source in respect of assessment years 1975-76 and 1976-77 became refundable to her. Accordingly, she filed an application under section 27 of the Act claiming refund of Taka 5, 99,112.00 deposited earlier as advance sales tax, pursuant to which the D...... under the signature of Mr. Md. Shawkat Ali Wareshi. Second Secretary (Kar-10) rejecting the petitioner’s application under section 27 of the Sales Tax Act, 1951 hereinafter referred to as the Act, for refund of Taka 5,99,112.00 deducted at source @ 20% for the assessment years 1975-76 and 1976-19......epartment but the customers who may insist upon the assessee refunding the amount so collected in excess to the customers concerned but the “department cannot arrogate to itself the right to retain money which is not due to it.”
10. The facts of the above case being different and distinguisha..
Category: Fiscal/Taxation Law | Date: | Hits: 69
Ramesh Chandra Chowdhury @ Das Vs. Naresh Chandra Das @ Chowdhury, 1999, 28 CLC (HCD)
....ative of the Government. The alleged power of attorney has not therefore been executed according to the provision of section 85 of the Evidence Act and accordingly, the petitioner is not permitted to claim that the power is not required to be proved. In view of the aforesaid facts I do not find any ......stituted Title Suit No.14 of 1993 in the Court of the learned Assistant Judge, Narshingdi impleading the opposite party No.2 as defendant No.1 and the present petitioner as defendant No. 2 and prayed for a declaration that the deed of exchange as mentioned in Schedule ‘Kha’ to the plaint is void......te of receipt of this order. Let a copy of this order be forwarded to the Court of the learned Subordinate Judge Narshingdi at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 227...Category: Property Law | Date: | Hits: 39
Shah Alam (Md.) Vs. Abul Kalam and others, 2001, 30 CLC (HCD)
....lication filed through her husband. 4. The preemptors opposed the application by filing a written objection. They denied the case as made out on behalf of the purchaser, opposite party No. 1. They claim that the order was passed to the knowledge of the purchaser. The application is barred by limi...... the State Acquisition and Tenancy Act being Miscellaneous Case No.18 of 1996 in the Court of Subordinate Judge, Second Court at Noakhali against opposite party No.1 preemption (purchaser) and others for preemption. The application was allowed ex parte on 16-4-98. 3. On 28-9-98 Umme Kulsum, as wi......d 28-11-99 are hereby set aside. Order of stay as granted at the time of the Rule is recalled and vacated. Let the records be sent down. Ed. This Case is also Reported in: 54 DLR (2002) 277. ..Category: Limitation Law | Date: | Hits: 175
Tanveerul Haque Vs. Unistar Shipping Limited and ors., 1999, 18 CLC (HCD)
....by him and, as such, the plaintiffs being limited companies, cannot ask their shareholders to contribute any sum beyond their share subscriptions but in the present case the plaintiffs have illegally claimed Taka 17,39,760.70 from the defendants in their capacity as shareholder directors and further...... and 2 to show cause as to why the impugned order dated 8-9-1996 passed by the learned Subordinate Judge, 2nd Court Chittagong in Money Suit No. 31 of 1995, should not be set aside. 2. Brief facts for disposal of this Rule are that, the opposite party Nos. 1 and 2 as plaintiffs, filed Money Suit ......9,890.87 to the plaintiff No.2 up to the date of the cessation from their Directorship and they would be given notice to pay the same and if they fail to pay, legal steps will be taken to realise the money and in terms of the said resolution, Mr. Muhammad Iqbal who was the Chairman of the Board of D..Category: Company Law | Date: | Hits: 197
Bashiruddin (Md) Vs. Bangladesh and others, 1999, 18 CLC (HCD)
....t of the petitioner is not a merited one. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 201.......apara Beel, popularly known as Gacher Jouar fishery, hereinafter, in short, the fishery, situates in the police station Salla, Sunamgonj; that as per policy regarding leasing of fishery that has been formulated at the level of Ministry of Land and that circulated for the guidance of the officials at......nnexure-D to the petition) having found petitioner’s bid higher than the other bid made in the schedule accepted petitioner’s bid; that thereupon petitioner deposited the entire amount of the bid money and that thereafter lease deed was executed in the name of the petitioner by the Collector and..Category: Property Law | Date: | Hits: 33
Mahbubul Huq (Md) Vs. Md. A Kader Munshi & others, 1999, 18 CLC (HCD)
....halnama, the present suit is clearly barred by law of limitation and the trial Court ought to have rejected the plaint. He further submits that the trial Court ought to have found that the plaintiffs claim that, he came to know that Exhibits A and B were forged, false and fabricated documents only o......d order. The office is hereby directed to send a copy of this judgment to the trial Court at the earliest. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 194.......e copy of this judgment and order. The office is hereby directed to send a copy of this judgment to the trial Court at the earliest. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 194...Category: Property Law | Date: | Hits: 64
Khorshed Alam (Md) Vs. Subordinate Judge and Artha Rin Adalat No. 1 and others, 2001, 30 CLC (HCD)
....date. Let a copy of this judgment be served upon Mr. Mahbubul Islam, the Judge-in-Charge (now Joint District Judge) for future guidance. Ed. This Case is also Reported in: 54 DLR (2002) 239. ......inate Judge and Artha Rin Adalat No. 1, Sadar, Chittagong in Mortgage Execution Case No. 6 of 1997 contained in Annexures-E and E-1 respectively have been called in question. 2. The facts relevant for the purpose of disposal of this Rule are as follows: The respondent No. 2, the City Bank Limited......00 and prayed for acceptance of the offer of the petitioner and the respondent No. 1 i.e. executing Court, by order dated 18-8-99 allowed the application and fixed 30-11-99 for depositing the auction money and for further order. The respondent No. 1 also requested the petitioner to deposit auction m..Category: Civil Law | Date: | Hits: 76
Abdus Salam Vs. Md. Munshi Rashed Kamal & another, 2002, 31 CLC (HCD)
....as is covered by the fine realised shall be paid to the holder. (3) Notwithstanding anything contained in sub-sections (10) and (2) the holder of the cheque shall retain his right to establish his claim through Civil Court if whole or any part of the value of the cheque remains unrealised. 9. ......r section 138 of the Negotiable Instruments Act of 1881, stating, inter alia, that the accused petitioner took loan of taka 10, 00,000 (ten lac) only from the complainant opposite party on 25-10-1999 for three months only. This transaction was made in the office of the opposite party No.1. But the a......ount. 138. (1) Dishonour of cheque for insufficiency, etc. of funds in the account.— where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account 3* * * is returned by the bank unpaid, either becau..Category: Criminal Law | Date: | Hits: 62
Santi Bhusan Deb Vs. Principal Officer, Samabaya Bank Ltd., 2001, 30 CLC (HCD)
....e affirmed. The order of stay granted by this Court stands vacated. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 224. ......eous Appeal No.127 of 1992 reversing the judgment and order dated 9-6-1992 passed by the learned Senior Assistant Judge, Sadar, Comilla in Rent Control Case No. 59 of 1991. 2. Short facts relevant for disposal of the Rule are that the petitioner-respondent instituted House Rent Control Case No.59......yment of rent in terms of the agreement and, as such, no rent would be accepted from him. In response to that notice, the petitioner-respondent sent a legal notice on 27-6-1992 along with the rent by money order but the opposite party-appellant bank did not receive the same. Thereafter, the petition..Category: Property Law | Date: | Hits: 34
Pubali Bank Vs. Kalaroa Ice and Cold Storage Ltd. Kalaroa, Satkhira and others, 2000, 29 CLC (HCD)
....ed and the learned Subordinate Judge is directed to dispose of the aforesaid money execution cases in terms of the observation as made above. Ed. This Case is also Reported in: 54 DLR (2002) 217.......posite Parties. Civil Revision Nos. 1127-29 of 1993. Judgment Md. Tafazzul Islam J.- In all these Rules more or less similar law points are involved and so these Rules are taken up together for hearing and disposed of by one judgment. 2. In Civil Revision Nos. 1127, 1128 and 1129 of 199......0 by way of civil imprisonment of the opposite parties. Thereafter, in both Money Execution Case Nos.11 and 12 of 1990 the learned Subordinate Judge passed the impugned orders rejecting the aforesaid money execution cases on the ground that in their affidavit the petitioner admitted that they hold s..Category: Civil Law | Date: | Hits: 82
Sukurjan Bibi Vs. Chairman, Court of Settlement, Dhaka, 2001, 30 CLC (HCD)
.... accordance with law after giving reasonable opportunity to the parties of being heard and also adducing evidence both oral and documentary. Ed. This Case is also Reported in: 54 DLR (2002)215. ......min J. - This Rule was issued calling upon the respondent No. 1 to show cause as to why the order dated 31-8-1988 (Annexure ‘E’) passed by the respondent No. 1 dismissing the Case No. 955 of 1987 for default should not be declared to have been passed without any lawful, authority and is of no le....... The said allottee took possession of the land and constructed houses thereon and lived there and paid the entire premium of the lease to the Government. Thereafter, the said allottee was in need of money and contracted to sell the above land to the petitioner on 14-2-1971 and executed an agreement..Category: Property Law | Date: | Hits: 37
Jiban Bima Corporation represented by its MD Vs. Md. Mohibul Majid and another, 1999, 28 CLC (HCD)
....1) of the Code of Civil Procedure, the learned Assistant Judge erred in law in rejecting the petitioner’s application on the ground that the petitioner did not adduce any evidence in support of his claim of disobedience and the same has occasioned failure of justice. 8. Mr. Kazi Md. Shafiqul Ha......dsha @ Siddique and others 45 DLR 483; Manindra Nath Panal Vs. Ahmed and others, 1967 PLD (Dhaka) 621. Lawyers Involved: Garib Newaz, Advocate — For the Petitioner. Kazi Md. Shafiqul Hasan for Shafiq Ahmed, Advocate—For the Opposite Parties. Civil Revision No. 1268 of 1989. Judgme...... within 3 months from the date of receipt of the order. Communicate the order to the leaned Assistant Judge, 4th Court, Dhaka at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 186. ..Category: Procedural Law | Date: | Hits: 79
....he petitioner.
7. It appears from judgment of the Magistrate dated 24-5-98 passed in Case No.8M/91 that the first party opposite party No.1 examined 6 witnesses including himself in support of his claim that he was in possession of the disputed Akhra and other properties under the said Akhra and ......dditional Sessions Judge at the instance of the opposite party No.1 is revisable under section 439 of the Code of Criminal Procedure petitioner impugned that orders under section 561A of the Code and for that reason by order dated 29-11-99 this Rule has been fixed for hearing without hearing the app...... this order. Communicate the order to the Courts below.
The application for vacating the order of stay is disposed of accordingly.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 176.
..
Category: Criminal Law | Date: | Hits: 32
Muslim (Md) Vs. Abdul Motaleb and others, 2001, 30 CLC (HCD)
....versal inasmuch as the trial Court specifically found that the defendant could not produce agreement, receipt or any other documents nor even any oral evidences by any DWs to prove or to substantiate claim of the defendants to the effect that the plaintiff No.2 was inducted as the monthly tenant und......d 31-5-1990 and 14-6-1990 respectively passed by the Assistant Judge Shaharasti, Chandpur, in Title Suit No.54 of 1989 decreeing the suit with cost should not be set aside. 2. The facts, in brief, for disposal of the Rule are that the petitioners as the plaintiffs instituted the suit for permanen......ored. The order of status quo in respect of the possession granted earlier by this Court is vacated. Send down the lower Court records. Ed. This Case is also Reported in: 54 DLR (2002) 196...Category: Property Law | Date: | Hits: 33
Mahmudul Huq Vs. Mostafa Kamal and others, 2010, 39 CLC (AD)
....ter public interest must prevail upon individual interests. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 431.......om the judgment and order dated 27.04.2009 passed by this Division in Civil Appeal No. 175 of 2007 along with Civil Petition No.290 of 2007.) Judgment Md. Abdul Matin J. - This review petition for leave to appeal is directed against the judgment and order dated 27.04.2009 passed by this Divis...... 1.30 P.M. on the same dated i.e. on 26.09.2001. Subsequently first corrigendum to the said tender notice was published on 24.09.2001 in the aforesaid Daily amending the provisions concerning earnest money at the rate of 5% of the quoted amount instead of fixed amount of Tk.27.00 lacs. Pursuant to t..Category: Others | Date: | Hits: 81
Arun Bhowmick & others Vs. Salim Reza & others, 1987, 16 CLC (HCD)
....obviously necessary that, save in exceptional circumstances, finality in litigation should be achieved at some point. The person who wants a review should at least prove strictly the diligence he claims to have exercised and also that the matter or evidence which he wishes to have access to is, ......is that one Gopal Chandra Bhowmick instituted Title suit No. 83 of 1984 in the 3rd Court of Munsif, Comilla against one Suruj Miah, the predecessor-in-interest of opposite party No. 1-15 and others for declaration of right, title and interest of the plaintiff in the suit properties and also for de......rder dated 13.9.84 passed by the learned Munsif is hereby restored. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 199. ..Category: Procedural Law | Date: | Hits: 95
Ratan Kha @ Rattan & Others Vs. State, 1988, 17 CLC (HCD)
....eet on 1.2.70. I.O M.A. Jabbar however was not examined by the prosecution. 3. At the trial all the appellants were charged under sections 395/397 of the Penal Code. They pleaded not guilty and claimed to be tried. The prosecution examined 9 witnesses and the defence none. 4. The defence......Abdul Mannan Kha @ Mana Kha, No. 5 Fazlul Huq @ Fazlul Huq Howlader and No. 6 Hanif @ Md. Hanif were convicted under sections 395/397 of the Penal Code and sentenced to suffer rigorous imprisonment for 75 years each by Mr. D.N. Chanda, Additional Sessions Judge, 2nd Court, Patuakhali in Sessions......he dacoits took the informant and his daughter P.W. 3. Rasheda Begum to the first floor of his homestead taking there a burning lantern from the ground floor. They continued to beat the informant for money. P.W. 3 Rasheda Begum gave the dacoits Tk. 100/-. His other daughter P.W. 2 Rawshan Ara Begum ..Category: Criminal Law | Date: | Hits: 49
Harun-or-Rashid Talukder Vs. District Manager, Pubali Bank, Jamalpur, 1988, 17 CLC (HCD)
.... instalment. He needed to pay defendant Kafiluddin the balance of the consideration money. At this stage the appellant agreed to purchase the suit property for Tk. 10,0500/- out of which the bank's claim was Tk. 80,000/- only and the appellant actually paid Tk. 30,000/- only to defendant Kafilud...... II of the Bangladesh Bar Council in Tribunal Case No. 4 of 1983, finding the appellant guilty of gross professional misconduct under Clause (1) of Article 32 of P.O. No.46 of 1972 and suspending him for a period of 8 years and debarring him from practising in any Court or authority in Bangladesh du......event the bank will not take any legal action against the appellant. But the appellant did not comply with that request. Thereafter a legal notice was served on the appellant demanding the bank's money within a certain period failing which the matter would be referred to the Bar Council for prof..Category: Others | Date: | Hits: 72
41894188418741864183418041744173417141704167416541644159415541484143414241404137