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Falu Mia & others Vs. Safar Ali & others, 1988, 17 CLC (HCD)
....66 instituted on 2.1.64 in the 5lh Court of Subordinate Judge, Dhaka. 3. The plaintiff Nos. 1 and 2 are the sons and the plaintiff No. 3 is the daughter of Hosen Banu, through whom the plaintiffs claim the partible land. Hosen Banu's father Nazir Sheikh was the owner of the partible lands appert...... the plaintiffs, Baser and then Yasin died as bachelors. Thereafter died Saiyad Banu leaving behind her husband and children defendant Nos. 2 to 7. Meser was also unmarried and he remained untraced for over 40 years. He was presumed to be dead. His share devolved upon his only surviving brother ......ke out any case for reception of additional evidence in this case. The Rules are therefore discharged but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 165...Category: Property Law | Date: | Hits: 29
Asgar Ali & others Vs. Additional Deputy Commissioner, Khulna & others, 1987, 16 CLC (HCD)
....eared and opposed the prayer for injunction but the court was pleased to grant an ad-interim injunction on contest, where after opposite party No. 13, namely, Narendra Nath Roy entered appearance claiming to be one of the tenants contending inter alia, that the plaintiffs are trying to evict him......exchange. Both the brothers, Parimal Kumar Nag and Nirmal Kumar Nag, delivered to Shamsu Ghani and executed deed of exchange on 28.2.64 and 1.4.64 respectively. Shamsu Ghani was put in possession before the registration. Shamsu Ghani thereafter mutated his name in the Khulna Municipality and sub...... remand for trial in the light of the observation made herein before. There will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 40 DLR (1988) 157. ..Category: Property Law | Date: | Hits: 36
.... suit for ex parte hearing on 15th May, 2000. The learned Assistant Judge recorded the evidence of the plaintiff but dismissed the suit on the reasonings that the plaintiff failed to substantiate his claim by adducing corroborative evidence and that he failed to prove the execution of the deed of co......to Leave to Appeal No.1060 of 2009.
(From the judgment and order dated 27.10.2008 passed by the High Court Division in Civil Revision No.1802 of 2008.)
Judgment
SK Sinha J. - This petition for leave to appeal is directed against the judgment and order dated 27th October, 2008 of a Single ......allenge the execution of the deed of contract for sale by filing written statement, and since the plaintiff's evidence in support of the execution of the contract for sale, the payment of the advance money and the offer of the balance consideration money remain uncontroverted, the learned Assistant ..
Category: Procedural Law | Date: | Hits: 68
Sufia Islam Shila and another Vs. Shakhawat Hossain and others, 2001, 30 CLC (HCD)
.... application was filed mainly on the grounds, among others, that learned Assistant Judge, Dhaka committed an error of law resulting in an error in the decision occasioning failure of justice that the claim of the plaintiffs in the plaint is that the disputed place is a part and parcel of CS plot No.......and another………………… Petitioners Vs. Shakhawat Hossain and others………………Opposite Parties Judgment May 22, 2001. Cases Referred To- Md. Abul Quasem vs. Md. Lutfor Rahman and another, 1990 BLD (AD) 3 = 43 DLR (AD) 17; Khandker Abdul Majid vs. Tarapada Dey, 51 ......ssioner within 3 months and to conclude the trial preferably within another 6 months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 178. ..Category: Property Law | Date: | Hits: 28
Kowsar Chowdhury Vs. Latifa Sultana, 2001, 30 CLC (HCD)
....n 15 years have elapsed and the little daughter of the plaintiff is now a grown up girl reading in college. So, indisputably the circumstances have changed much and the plaintiff can now legitimately claim maintenance for her daughter at an enhanced rate. The plaintiff, in her pleading and in eviden...... dated 10-6-1999 passed by the Assistant Judge, 2nd Court, Dhaka, in Family Suit No. 140 of 1998 dismissing the suit. 2. The opposite party as plaintiff filed the above Family Suit No. 140 of 1998 for getting maintenance for her daughter from the defendant-respondent-petitioner. The case of the p...... the time of issuance of the Rule is hereby vacated. Send a copy of this judgment along with the LC record to the court concerned at once. Ed. This Case is also Reported in: 54 DLR (2002) 175...Category: Family Law | Date: | Hits: 186
....on a nominal service charge on the loan fund. The applicant society submitted return for the assessment year 1983-84 showing income of Taka 2,59,684 and as Voluntary Non-Government Organisation (NGO) claimed exemption from income tax under section 4(3)(i) of the Income Tax Act, 1922. The assessing o......rence Application No. 9/97 arise out of the order dated 16-3-95 in ITA No. 791 of 1992-93 and ITA No. 792 of 1992-93 passed by the Taxes Appellate Tribunal, Dhaka Bench-3. Similar questions have been formulated in both the reference applications and those are answered by this judgment. The first ref......le of Bangladesh through assistance to small and cottage industries and to groups or individuals promoting them on a strictly non-profit basis.
(xv) To borrow or raise or secure the payment of money in such manner as the society shall determine from time to time and generally to borrow money ..
Category: Fiscal/Taxation Law | Date: | Hits: 65
....s. Agreement could not be signed due to disagreement between the parties about the rate of payment. Opposite party No. 1 worked on 7500 acres but billed for a higher quantum. The opposite party No. 1 claimed payment @ Taka 2000 per acre and submitted bills at such rate. At last, upon resolving the d......itten objection in Title Suit No. 1 of 1999 (under section 14(2) of the Arbitration Act, 1940) to make opposite party No. 2’s award dated 19-9-1998 the Rule of the Court.
2. Short facts relevant for the purpose of disposal of this Rule are, that an agreement dated 12-11-1997 was executed betwee......dge was pleased to pass the impugned Order No.14 dated 7-5-2000 and rejected the written objection holding that the same is barred by Article 158 of the Limitation Act and for not depositing security money as per provision of section 32 of the Arbitration Act of 1940 inserted by the Law Reforms Ordi..
Category: Alternative Dispute Resolution | Date: | Hits: 196
Barrister Ziaur Rahman Khan Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....d flood, all relief materials were distributed by the respondent No.4, the Thana Nirbahi Officer, Dhamrai, in connivance with local Awami League leaders without any reference to the petitioner. It is claimed that in violation of the mandatory provisions of the Rules as contained in Annexure A to the......3. It is stated in the petition that the respondent No.1, the Government of Bangladesh, represented by the Secretary, Ministry of Disaster Management and Relief, has framed binding Rules of procedure for the purpose of convening and holding meetings of the Thana Parishad co-ordination committee for ......ngs of the Thana Parishad Co-ordination Committee without consulting the petitioner or even informing him of the same and thus many resolutions have been passed in his absence for the distribution of money and relief materials. 5. Upon receiving the aforesaid information the petitioner enquired f..Category: Administrative Law | Date: | Hits: 462
Ahsan Karim Jinnah Vs. Meghna Insurance Company Limited & others, 1999, 28 CLC (HCD)
.... by rectifying its register of members. In view of the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 160. ......K Siddique, Advocate —For the Respondent Nos. 11 & 12. Company Matter No. 77 of 1999. Judgment Md. Joynul Abedin J .- This is an application under section 43 of the Companies Act,1994 for rectification of the register of members of the respondent No.1, Meghna Insurance Company Limite......wing transfer of the said 10,000 shares of the petitioner contained the signature of the petitioner as the transferor and the respondent Nos. 2 to 7 as the transferees and the amount of consideration money is also mentioned therein. Petitioner denies the transfer of the aforesaid 10,000 shares on th..Category: Company Law | Date: | Hits: 203
Alamgir (Md) Vs. Habea Begum, 1999, 28 CLC (HCD)
....he purpose of the case are that, the opposite party as plaintiff instituted a suit in the Court of the Assistant Judge and Family Court, Kutubdia, Cox’s Bazar being Family Court Suit No. 3 of 1984, claiming dower and maintenance and ultimately obtained a decree therein on contest on 28-11-94 for a...... the order dated 5-2-98 passed by the Assistant Judge and Family Court, Kutubdia Sadar in Family Suit No.3 of 1994 rescheduling payment of the decretal dues by instalments. 2. Short facts relevant for the purpose of the case are that, the opposite party as plaintiff instituted a suit in the Court...... on the ground of hardships whereupon the learned Family Court by his order dated 5-2-98 revised his earlier order and directed the judgment-debtor petitioner to pay Taka 30,000.00 at a time as dower money and to pay Taka 10000.00 per month for the balance of the decretal dues. 3. Being aggrieved..Category: Family Law | Date: | Hits: 155
Nazim Habibuzzaman Vs. World Bank & others, 2001, 30 CLC (HCD)
.... No. 9 of 1997 dismissing the suit as not maintainable. 2. One Nazim Habibuzzaman instituted this suit against the World Bank and seven others including the High Commissioner, Government of India, claiming damages of Taka 4,00,000 crore (four lac crore) occurred due to the construction of Farakka......int, the plaintiff traversed the history of Farakka Barrage since 1961 constructed by the Government of India on the river Ganges which originates from Nepal and passes through India and Bangladesh before it flows down to the Bay of Bengal. The World Bank, the defendant No.1, provided the Government......ble to be rejected in limine. In the result, the appeal is dismissed but without any order at to cost. Send down the records forthwith. Ed. This Case is also Reported in: 54 DLR (2002) 159...Category: Others | Date: | Hits: 79
M Tariqullah Sikder Vs. Sonali Bank, 2005, 34 CLC (HCD)
....-4-2002 and 25-4-2002 passed by the court below are affirmed. Civil Rule No. 705(F)/2003 be accordingly, discharged. Copy be sent down. Ed. This Case is also Reported in: 59 DLR (2007) 695. ......s FA 337 of 2003 is preferred against judgment dated 25-3-2003 by Joint District Judge, 3rd Court Dhaka rejecting plaint of TS No. 194/2002 under Order VII, rule 11 of the Code of Civil Procedure and formal decree framed thereunder. 2. It is stated that Sonali Bank as plaintiff filed Civil Suit N......d that Sonali Bank as plaintiff filed Civil Suit No. 254/2001 in the Court of Joint District Judge, and Artha Rin Adalat No. 1 Dhaka against M Tariqullah Sikder as defendant for realisation of loan money from him with interest. Said suit was decreed ex parte on 18-4-2002 by Artha Rin Adalat No. 1 ..Category: Civil Law | Date: | Hits: 92
.... and issued lawfully under the Tariff Rules which is payable by the petitioner.
9. In view of the assertions of both the petitioner and the respondents it appears that there is controversial claim over the meter in question as to its normal functioning. When there is a dispute relating to q...... petitioner has been paying its electricity bills submitted by the respondent No. 2 regularly but surprisingly, the respondent No. 2 issued bills dated 30-7-1996 and 1-8-1996 directing the petitioner for making payment of the supplementary electricity bills by way of penalty for an amount of Taka 12......and are of no legal effect.
The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 59 DLR (2007) 690...
Category: Others | Date: | Hits: 131
Abdur Rahman Vs. State, represented by Deputy Commissioner, 2006, 35 CLC (HCD)
....of 1998, filed by the accused No. 1, Abul Kalam Azad, the father-in-law of the accused petitioner, Abdur Rahman and, as such, the private complaint as lodged by the complainant opposite party No. 2 claiming the Bainapatra as false is barred under the provision of section 195(lXc) of the Code of ......8 of 2001. Judgment AFM Abdur Rahman J.- The accused petitioner, Abdur Rahman, obtained this Rule on 4-2-2001, under section 561A of the Code of Criminal Procedure, calling upon the informant opposite party No. 1 Shankar Sen Gupta and the Deputy Commissioner, Chittagong, to show caus......nding before the Metropolitan Magistrate, Chittagong, is hereby quashed. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 683. ..Category: Criminal Law | Date: | Hits: 43
AKM Iftekhar Ahmed and another Vs. State, 2007, 36 CLC (HCD)
....4 of 2006 cannot be heard on merit and it should be discharged on the ground that the accused petitioners are fugitive from justice. It is a settled principle of law that fugitive from justice cannot claim any protection of law. To substantiate the claim, the informant filed an application for addit......5 DLR (WP) 93; State vs. Delwar Hossain 12 DLR 613. Lawyers involved: Rokanuddin Mahmud with Sheikh Hasan Arif, Advocates—For the Petitioners. MA Muntakim, Advocate—For the Informant-Opposite Party. Criminal Miscellaneous Case No. 9954 of 2006 with Criminal Miscellane......al Miscellaneous Case No. 11080 of 2006 is the Company's Secretary of the aforesaid Insurance Company. A fire broke out on 16-2-2006 causing heavy damage to the factory. The informant demanded policy money to which the accused petitioner made proposal to negotiate and made a proposal to the effect t..Category: Criminal Law | Date: | Hits: 97
Ali Ashraf Mia Vs. Chairman, First Court of Settlement and others, 2006, 35 CLC (HCD)
....ying rent regularly to the Government and that she has been residing in the said property till date. It has been further stated that the petitioner has made false and fabricated papers to support his claim on the property and, as such, the impugned order of the First Court of Settlement calls for no...... 27, 2006. Lawyers involved: Fariduddin Ahmed with Md Kamrul Islam, Advocates — For the Petitioner. (In both the Writ Petitions) Adilur Rahman Deputy Attorney-General with Md Zafor Imam, Assistant Attorney-General Shamsul Hoque and Quamrun Nessa Ratna, Advocates—For Responde......d into any agreement with the petitioner for the alleged transfer of the house and that said Keramat Mia was not present in Bangladesh after Liberation and that he did not receive any consideration money for the case property and, as such, it has been stated that the First Court of Settlement righ..Category: Property Law | Date: | Hits: 39
Commissioner of Taxes Vs. Prime Bank Ltd., 2007, 36 CLC (HCD)
....t of the Deputy Commissioner of Taxes. 2. The assessee is a banking company and was accordingly incorporated in Bangladesh. It submitted its income tax return for the assessment year 1999-2000 claiming total income of Taka 31,03,352. Pursuant to notice under section 79 and sub-section (2) of ......spondent assessee and restored that of the Deputy Commissioner of Taxes. 2. The assessee is a banking company and was accordingly incorporated in Bangladesh. It submitted its income tax return for the assessment year 1999-2000 claiming total income of Taka 31,03,352. Pursuant to notice under ......peal to Appellate Division under section 162 of the Ordinance is rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ..Category: Fiscal/Taxation Law | Date: | Hits: 82
Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... Rule, are that the respondent No. 3, Janata Bank, Laldighi Purbapar Branch, Chittagong as plaintiff instituted Mortgage Suit No. 57 of 1996 impleading the petitioners as defendant Nos. 1 and 2 for a claim of Taka 49,79,194.32. Having received the summons of the said suit the defendants-petitioners ......6-03 passed by the Adalat in Mortgage Execution Case No/35 of2002 transferring the same under the Ain, 2003 and renumbered as Artha Execution Case No. 693 of 2003. 3. Short facts, as are necessary for the purpose of disposal of this Rule, are that the respondent No. 3, Janata Bank, Laldighi Pur......pay off the decretal amount within the prescribed period of time the decree-holder Bank initiated Money Execution Case No. 26 of 2002. Meanwhile, due to promulgation of Artha Rin Adalat Ain, 2003 the money execution case was shown transferred under section 60(3) of the Ain by the learned Joint Distr..Category: Constitutional Law | Date: | Hits: 168
Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... loan amount from the loanee. Hence, there is no scope for application of the repealed law, the Artha Rin Adalat Ain, 1990 to the pending suit or in execution case and also that there is no scope for claiming "interest" as not a part of the principal amount of loan taking the plea of section 6(e) of......ingle judgment. In Writ Petition No. 6579 of 2004 a Rule Nisi has been issued under Article 102 of the Constitution upon the respective respondents to show cause as to why the impugned order of "Transformation" of TS 195/2000 vide order No. 14 date 1-10-2003, previously filed under the provisions of...... of law for claiming interest. Moreover, the bank relying upon the representation of the borrower to accept the sanctioned loan arranges the fund from the depositor-public who keep their unutilized money in deposit with the bank for which the banks pay compound interest Moreover, in the case of Me..Category: Others | Date: | Hits: 104
Jaban Ali and others Vs. Tazir Muhammad and others, 2007, 36 CLC (HCD)
.... property. Hence, the suit. 4. The defendant Nos. 3 and 48 contested the suit by filing separate written statement denying all the material allegations made in the plaint; that the defendant No. 3 claims that the suit land was the Government Khas land, thereby he along with others took settlement......ding to this Rule are that the petitioners as plaintiffs instituted the Other Class Suit No. 458 of 1976 in the Court of the Subordinate Judge, Dinajpur, impleading the opposite parties as defendants for declaration of title to the suit property. On transfer, the same was re-numbered as Title Suit N......same subject-matter, if not otherwise barred by any law. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 584. ..Category: Property Law | Date: | Hits: 23
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