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....ition marked as Annexure‑G to the Writ Petition. The General Certificate Officer recorded the order that "there was no specific objection in clear terms against the claim of the Bank. Therefore the parties should be present before him on 11.12.88 in a hearing". On 11.12.88 the petitioner submitted......Bank arbitrarily fixed an amount much higher which was far above the market price. On 4.8.82, the petitioner addressed a letter to the Manager of the Bank with request to release the potatoes against payment of loan advanced plus interest accrued thereon and to add another 5% on it to be on the safe...... Plant in the year 1980‑81 at Barkamta under Debidwar Police Station in the District of Comilla. For preserving potatoes in the Cold Storage the petitioner applied to the Bangladesh Krishi Bank for loan in March, 1981 and the Bank sanctioned an amount of Tk. 42 Lac which was repaid with interest i..
Category: Civil Law | Date: | Hits: 99
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....nstruction with assurance that an work order would be awarded to her for construction of an eighty (80) MW capacity power station in Tongi, BISIC Industrial Area through his close friend and business partner Tarique Rahman, the petitioner and being induced by such assurance Begum Khadija Islam on 01......e Civil Petition which does not merit our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ......e Civil Petition which does not merit our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ..Category: Civil Law | Date: | Hits: 238
Abdul Muhaimin Khan & another Vs. Bashiruddin & others, 1991, 20 CLC (HCD)
.... Dev, Advocate ‑ For the Petitioners. SK Sinha, Advocate ‑ For the Opposite Parties. Civil Revision No. 5077 of 1991 (Dhaka). Judgment Badrul Islam Chowdhury J.- By this rule opposite party No.1 was directed to show cause as to why the order dated 13.8.90 passed by the Assistant Judg...... The rule is discharged with cost. The stay order granted by this court on 26.11.90 is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 382. ...... The rule is discharged with cost. The stay order granted by this court on 26.11.90 is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 382. ..Category: Property Law | Date: | Hits: 89
A. Jalil Vs. Upendra Chandra Saha & others, 1991, 20 CLC (HCD)
.... 2. Facts relevant for disposal of the Rule are not in dispute and may be shortly stated. An application for pre‑emption under section 96 of the State Acquisition and Tenancy Act filed by opposite party No.1 in the Court of Subordinate Judge, Mymenshigh was allowed to be amended by an order dated......titioner has been able to explain the long delay satisfactorily. The Rule is, therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 381. ......titioner has been able to explain the long delay satisfactorily. The Rule is, therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 381. ..Category: Procedural Law | Date: | Hits: 72
Ansar Ali Khan Vs. Chief Election Commissioner and others, 1992, 21 CLC (HCD)
....r nomination as Chairman or member to contest the said election. On the ground stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 379. ......le that the date for submission of nomination papers to the Returning Officer was fixed by the Election Commission to be on 7th December, 1991. Admittedly the petitioner was a defaulter in respect of payment of arrears of loan amounting to Taka 10,540.00 to the Mirzapur Branch of Bangladesh Krishi B......ubmission of nomination papers to the Returning Officer was fixed by the Election Commission to be on 7th December, 1991. Admittedly the petitioner was a defaulter in respect of payment of arrears of loan amounting to Taka 10,540.00 to the Mirzapur Branch of Bangladesh Krishi Bank till 7.12.91 and t..Category: Election Law | Date: | Hits: 128
....cy and the defendant would purchase land and construct Factory building for establishment of the Ice Plant and Cold Storage and thereupon, an agreement was executed on 15.6.1985 between the concerned parties and the plaintiff bank granted a loan sanction letter on condition that the Krishi Bank woul...... was entrusted to establish three Ice Plants in Bangladesh and in terms thereof the defendant-respondents decided to establish Ice Plant and cold storage on the supply of the necessary machineries on payment of fund in foreign currency and the defendant would purchase land and construct Factory buil......a Rin Adalat, Khulna impleading the respondent-defendants for recovery of its outstanding dues amounting to Tk.1,21,02,510.00 as on 11.11.2001 on the averments that in terms of Asian Development Bank loan No.329 Bangladesh Krishi Bank was entrusted to establish three Ice Plants in Bangladesh and in ..
Category: Civil Law | Date: | Hits: 217
....007.
Judgment
Md. Rezaul Hasan J.- This Rule under section 115 (1) of the Code of Civil Procedure (the Code) has been issued at the instance of the Defendant-Appellant calling upon the opposite parties to show cause as to why the impugned Judgment and decree dated 03.09.2006 of the Additional ......S.A. Khatian (Exhibit- Umma and Umma-1) name of the defendant has been recorded as owner as well as the land development tax receipt (খাজনা দাখিলা), Exhibit-4 series, also prove payment of Khazna in the name of the defendant. Exhibit-2 S.A. Khatian No.7 and the Khazna Dhakila p......ourt Records along with the copies of the judgment to the court below.
Communicate the order at once.
MA Hye J.-I agree
This Case is also Reported in: 63 DLR (2011) 666.
..
Category: Property Law | Date: | Hits: 89
Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)
....pugned Memo dated 11-10-2009 on behalf of the President of the Republic purely in exercise of the executive power as mandated by Article 55(2) of the Constitution. The BERC is neither an Attached Department nor a Wing nor a Division of the Administrative Ministry and, as such, the Chairman is not ......on as the case involves a substantial question of law as to the interpretation of the Constitution. The certificate as prayed for is granted. Ed. This Case is also Reported in: 63 DLR (2011) 626....... fund to be called "Bangladesh Energy Regulatory Commission Fund" and money, as mentioned below, shall be deposited in the Fund, such as:— (a) grant from the Government or statutory body; (b) loans borrowed by the Commission; (c) fees and charges deposited under this Act; and (d) money..Category: Employment/Service Law | Date: | Hits: 92
Shahabuddin (Md) Vs. Secretary, Ministry of Youth and Sports and others, 1991, 20 CLC (HCD)
....of the Arbitration Tribunal and the petitioner submitted its case in writing before the Arbitrator. The points taken by the Nabarun Sangsad before the Arbitrator were that the BG Press Club was not a party in the football match held on 19.8.90, that the BG Press did not file any Appeal challenging t......tition before this Court under Article 102(2)(a)(ii) of the Constitution, therefore, is not maintainable on the grounds stated above. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 360. ......tition before this Court under Article 102(2)(a)(ii) of the Constitution, therefore, is not maintainable on the grounds stated above. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 360. ..Category: Constitutional Law | Date: | Hits: 165
AR Bhuiyan and Company Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)
....xes under Income‑Tax Act. For the aforesaid discussion, we answer the question No.1 in the affirmative and against the assessee. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 347. ......pretation of provision of section 10(2)(XVI) of the Income Tax Act; (ii) Whether on the facts and in the circumstances of the case, the learned Appellate Tribunal is justified in disallowing the repayment of loan amounting to Tk. 1,37,500.00. The assessee earned income, profits and gains from ......f provision of section 10(2)(XVI) of the Income Tax Act; (ii) Whether on the facts and in the circumstances of the case, the learned Appellate Tribunal is justified in disallowing the repayment of loan amounting to Tk. 1,37,500.00. The assessee earned income, profits and gains from business an..Category: Fiscal/Taxation Law | Date: | Hits: 90
Anil Krishna Mondal Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)
....plaint Case No. C‑3 of 1983 before the Respondent 1. 3. The petitioner before the Respondent 1 contended that he did not commit any offence as alleged; that the enquiry was not held fairly and impartially, the Enquiry Officer did not examine any prosecution witnesses in his presence and the pet......y the Respondent‑company on the allegations, inter alia, that prior to Eid‑ul‑Azha holiday the petitioner received money from the company for disbursement to its employees and staffs. But after payment of salaries he kept with him Tk. 5,838.60. The Respondent‑Company was closed for 5 days fr......he Labour Court is without lawful authority and is of no legal effect. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 367. ..Category: Labour and Industrial Law | Date: | Hits: 115
Aslam Hossain Chaklader Vs. Ali Nur and others, 1991, 20 CLC (HCD)
.... Hat pending disposal of the suit. The defendant‑appellant appeared in Court and filed written objection against the prayer for temporary injunction. The learned Subordinate Judge after hearing the parties allowed the petition for temporary injunction and restrained defendant No.1 from collecting ......nt‑appellant is the admitted purchaser of the Hat in auction for collecting tolls for the year 1398 BS, he will certainly sustain injury and loss if he is restrained from collecting the tolls after payment of as much as Tk. 9,05,000.00 as the sale money. It is thus clear that the balance of conven......te Judge is hereby set aside and the petition for temporary injunction is rejected. The connected Rule is disposed of accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 366. ..Category: Civil Law | Date: | Hits: 74
Abdul Awal and others Vs. Abdul Hamid and others, 1991, 20 CLC (HCD)
....strict Judge affirmed the decree of the trial Court. 3. Plaintiff respondent Abdul Hamid and others filed a Partition Suit being T.S. No.31 of 1960 in the 4th Court of Subordinate Judge, Dhaka for partition in respect of the land appertaining to CS Khatian No.11 of Mouja Pakiabad PS Kapasia Distr......ce and as such it does not call for any interference. In the result, the second appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 363. ......ce and as such it does not call for any interference. In the result, the second appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 363. ..Category: Property Law | Date: | Hits: 69
Anwar Hossain and others Vs. Abul Hossain Molla and others, 1991, 20 CLC (HCD)
....d land measuring 1.28 acre from Azibar's sisters defendants Nos.8 and 9 for Tk. 2500.00 in February, 1967, and contesting defendants are in possession thereof on the basis of purchase. 5. Both the parties led evidence, documentary and oral, in support of their respective contentions and the learn......st in the suit land has made a statement in his pleadings which is detrimental to his own interest. Further it appears that the Ext. 2 was registered in the year 1947. But no dakhila produced showing payment of rent from that time onwards. Further it appears that no mutation proceedings was initiate...... Appeal No.323 of 1969 is hereby set aside and those of the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 79. ..Category: Property Law | Date: | Hits: 91
Dr. Joynal Abedin Vs. State, 1991, 20 CLC (HCD)
....Revision No.565 of 1991 (Dhaka). Criminal Revision No.70 of 1986 (Comilla). Judgment Abdul Hasib J.- This Rule was issued calling upon the Deputy Commissioner, Feni, and complainant opposite party No.2, to show cause as to why the judgment and order dated 7.6.86 passed by Sessions Judge, Fe......if the petitioners are not further prosecuted in connection with the alleged occurrence resulting in the filing of CR Case No.45 of 1985. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 77.......if the petitioners are not further prosecuted in connection with the alleged occurrence resulting in the filing of CR Case No.45 of 1985. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 77...Category: Criminal Law | Date: | Hits: 79
Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)
....ev with Nazrul Islam Chowdhury and DJ Syam, Advocates ‑ For the Opposite Parties. Civil Revision No. 194 of 1982 Judgment Qazi Shafiuddin J.- This Rule was issued calling upon the opposite party Nos.1‑9 to show cause why the judgment and decree dated 28.2.1981 and 6.3.1981 respectively ......ted 15.9.1955 leasing out the property for two years Reshidpur Tea Estate for the year 1361 BS. Ext. 1(b) is certified copy of yet another rent receipt dated 7.10.1957 for the year 1362 BS showing payment of rent on 7.10.1957. 24. These are the papers considered by the learned Judge in support...... Title Suit No.3 of 1976, is hereby set aside and the judgment and decree of the learned Subordinate Judge are affirmed and maintained. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 69...Category: Property Law | Date: | Hits: 96
....g 79.5% marks. After liberation of Bangladesh on obtaining a scholarship of the Government of Hungary he proceeded to carry on further studies in the Budapest Technical University of Hungary in the Department of Computer Science of the Faculty of Electrical Engineering in June, 1978. He then obtaine......ind no illegality whatsoever in impugned orders and on the grounds stated above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 333.
......ind no illegality whatsoever in impugned orders and on the grounds stated above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 333.
..
Category: Employment/Service Law | Date: | Hits: 155
State Vs. Amin Huda, 2011, 40 CLC (AD)
....th Gulshan Police Station, the Government appointed an officer of RAB-I, Uttara to investigate the cases and in doing so no wrong was committed by it, so we do not see any lack of jurisdiction on the part of the said officer of RAB to investigate the case and on completion of investigation to submit......fore the Druta Bichar Tribunal within 6(six) weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 152,8 LG (AD) (2011) 164, VIII ADC (2011) 890. ......fore the Druta Bichar Tribunal within 6(six) weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 152,8 LG (AD) (2011) 164, VIII ADC (2011) 890. ..Category: Criminal Law | Date: | Hits: 112
Government of Bangladesh and others Vs. Excellent Corporation, 2010, 39 CLC (AD)
....ement for supply of coins entered into is an independent contract and it has been clearly mentioned in the agreement that the contract shall be deemed to constitute a complete agreement between the parties thereto and shall supersede all previous negotiations and documents relating to the contract...... pay in Bangladesh currency an amount equivalent to US$ 28250 to the writ petitioner as commission. 2. Leave was granted to consider whether the High Court Division was justified in directing the payment of commission to the writ petitioner as local agent of its principal Fabrica Nacional De Mon...... without any order as to cost. The Judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 148, 16 MLR (AD) (2011) 433, 8 LG (AD) (2011) 190. ..Category: Business or Commercial Law | Date: | Hits: 267
Bangladesh and another Vs. Md. Abdul Karim, 2011, 40 CLC (AD)
....as provided that the Government may, by notification in the official gazette, make rules for carrying out the purpose of the Act. Sub-section (2) of section 12 of the Act has further provided that in particular, and without prejudice to the generality of the foregoing power, such rules may provide......particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) Form and manner in which and the fee on payment of which an application or appeal may be made; (b) Registration of an application or appe......e Administrative Appellate Tribunal, Dhaka. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 143, 31 BLD (AD) (2011) 117, 8 LG (AD) (2011) 159, 16 MLR (AD) (2010) 361, VIII ADC (2011) 589. ..Category: Administrative Law | Date: | Hits: 181
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