Search Options
Judgment Advanced Search
Displaying 2541-2560 of 3988 results.
Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)
....s. 8. The plaintiff requested the defendant company at Japan by their several correspondences to make good the loss suffered by the plaintiff but the defendant did not come forward to settle the claim. 9. It is the case of plaintiff that the total loss the defenants are liable to pay to the ......gment Anwarul Hoque Chowdhury J.- This appeal is directed against an order dated 21.6.86 passed in money suit no. 116 of 1985 by the 3rd subordinate judge, Dhaka attaching the schedule property before judgment. 2. Facts leading to this in short are that M/S. Ahmedia Garments instituted a suit......lant. Md. Awlad Ali-For the respondent. Appeal from Original Order No. 286 of 1986. Judgment Anwarul Hoque Chowdhury J.- This appeal is directed against an order dated 21.6.86 passed in money suit no. 116 of 1985 by the 3rd subordinate judge, Dhaka attaching the schedule property befor..Category: Business or Commercial Law | Date: | Hits: 209
M/s. Ayat Ali Bhuiyan & Company Ltd. Vs. Janata Bank, 1987, 16 CLC (HCD)
....bservation made above. Therefore, we make Rule absolute in the above terms without any order as to costs. ARM Amirul Islam J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 56.......an Khan Advocate, with S.A.Haider Chowdhury, Advocate - For the petitioner. Kazi Golam Mahbub, Advocate — For opposite party. Civil Revision No. 96 of 1987. In the matter of an application for stay. And in the matter of an application under Section 115 of the Code of Civil Procedure, 1908......itted by the Court in passing the impugned order leading to failure of justice. He also submitted that from the allegations made in both the plaints it would appear that the suits are for recovery of money and as such provision of section 10 \was directly attracted to the instant case. 5. We have..Category: Civil Law | Date: | Hits: 88
....to issue a show cause upon the Gas Company as to why temporary injunction as prayed for shall not be granted. The Gas Company as defendant appeared and filed the written objection on 17-6-2000 but no claim by way of arrear dues was made in the written objection even to a single amount. It means ther......ribution Company Ltd. is directed against the judgment and Order No. 23 dated 14-11-2000 passed by the learned Subordinate Judge, 4th Court Dhaka in Title Suit No. 276 of 1999 allowing an application for temporary mandatory injunction under section 55 of the Specific Relief Act, directing the defend......eceipt of the copy of this judgment.
In the result, the Rule is disposed of with the aforesaid observation without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 35.
..
Category: Civil Law | Date: | Hits: 115
Ripon Packaging and Accessories Ltd. Vs. Eastern Bank Ltd. and another, 2001, 30 CLC (HCD)
....claration that demand of interest and penal interest by the defendant Bank is illegal, fraudulent, collusive and they further prayed that the plaintiff company is under no obligation to entertain any claim of the defendants and is in no way liable for the dues of the defendant-opposite parties and f......ent and order dated 12-7-99 passed by the District Judge, Dhaka in Transfer Miscellaneous Case No. 326 of 1999 rejecting the petitioner’s application under section 24 of the Code of Civil Procedure for transferring the Title Suit No. 153 of 1998 pending in the Court of 5th Subordinate Judge, Dhaka......o provide the aforesaid facilities to the petitioner whereby the plaintiff-petitioner suffered a severe loss and damage and that the defendant opposite parties bank are not entitled to claim the loan money given to the plaintiff-petitioner. 3. The plaintiff-petitioner has stated that the opposite..Category: Civil Law | Date: | Hits: 73
ASM Shamsul Islam Rashedi Vs. Satellite Fishing Ltd. and others, 2001, 30 CLC (HCD)
....itioner alleges that this had been done in collusion with the Assistant Registrar of Joint Stock Companies. These reports on the alleged Annual General Meetings are made up. Therefore, the petitioner claims that for the ends of justice the aforesaid resolutions and documents should be declared to ha......pondent No. 1 is a private limited company incorporated under the Companies Act, 1913 on 12th February, 1992. One of the main object clauses is to own and operate trawlers and other vessels or crafts for the purpose of catching all kinds of fishes, shrimps, marine products and Sea Foods, etc. 3. ......his application under section 233 which is deplorable. In view of the above, this application is dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 28. ..Category: Company Law | Date: | Hits: 220
.... in force and save as otherwise provided in this Act, all questions regarding the validity, effect or existence of an award or an arbitration agreement between the parties to the agreement or persons claiming under them shall be decided by the Court in which the award under the agreement has been, o......ode of Civil Procedure against an order dated 24-5-95 passed by Subordinate Judge, 5th Court at Dhaka in Title Suit No. 139 of 1994.
3. Opposite Party No. 1, a limited company, instituted the suit for following declarations as well as perpetual injunctions:
a. Permanent injunction against the ......ent between the parties to refer the matter for arbitration.” and upon such finding, dismissed the suit.
In BIWTA Vs. United TC, 41 DLR 513, a suit was instituted for a decree for some amount of money on the basis of an award. A preliminary issue was raised on the maintainability. The Court hel..
Category: Civil Law | Date: | Hits: 101
M Mojibul Haque Vs. DG, Bangladesh Bureau of Anti-Corruption & ors., 2001, 30 CLC (HCD)
....l Chanda Dwarkadas Morarka Vs. King, AIR (1948) (PC) 82. In the premises, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 24. ......hen the petitioner went on leave preparatory retirement, he was posted as the Commanding Officer of the 9th Armed Police Battalion, Khulna. The petitioner appointed respondent No. 6 as the contractor for the electrical wiring of two tin‑shed barracks, construction of 4 latrines, 2 bathrooms and in......per the schedule and recommended for blacklisting him for such failure, Annexure‑D to the writ petition. The petitioner thereafter by letter dated 2‑2‑2000 informed the contractor that security money was encashed and he was blacklisted as per recommendation of the said committee, Annexure‑E...Category: Anti-Corruption Laws | Date: | Hits: 138
....hout lawful authority and to be of no legal effect.
In the result, the Rules are discharged without however any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 112. ......igh Court Division
(Special Original Jurisdiction)
Present:
Mahfuzur Rahman J
MA Aziz J
Aliluddin and others………..Petitioners
Vs.
Ministry of Land Administration and Land Reforms & others…….Respondents
Judgment
May 25, 1999.
Lawyers Involved:
ANM Gazi...... Administration and Land Reforms by order dated 17-9-86 asked the ADC (LA), Dhaka to hand over possession of 103.1398 acres of land to the petitioners and others after realisation of the compensation money paid to them (Annexure-H). It is contended by the petitioners that petitioner Nos. 2-8 were ne..
Category: Property Law | Date: | Hits: 31
Osman Ali (Md) Vs. Md. Makbul Hossain and Others, 1999, 28 CLC (HCD)
.... Acquisition Tenancy Act, 1951, shortly, the Act in the 2nd Court of Munsif at Rangpur for pre-emption of the case land and the case was registered as Miscellaneous Case No. 549 of 1975. He based his claim to pre-empt the case land as a co-sharer. On 01-01-84 the case record was on transfer received......g an application made under section 151 of the Code by the pre-emptor opposite party and restoring the Miscellaneous Case No. 31 of 1984 to its file and number on setting aside the order of dismissal for default. 2. This case exposes the dismal condition of the trial system. On 15-12-73 the petit......se of the case within 3 months from the return of service of notice for hearing upon the parties after the receipt of the case record. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 109. ..Category: Civil Law | Date: | Hits: 69
Firojul Islam (Md) (Firoj) Vs. Zahanara Akter, 1999, 28 CLC (HCD)
....efore called for. Resultantly, this Rule stands discharged both on the question of maintainability and also on merit. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 107. ......nder section 115 of the Code of Civil Procedure is an order dated 20-4-99 recorded by the learned Senior Assistant Judge and Family Judge, Khulna in Family Suit No.71 of 1997 rejecting an application for obtaining expert opinion. 2. The opposite party No.1 as plaintiff instituted the suit for dow......r Assistant Judge and Family Judge, Khulna in Family Suit No.71 of 1997 rejecting an application for obtaining expert opinion. 2. The opposite party No.1 as plaintiff instituted the suit for dower money impleading the present petitioner as defendant. The suit is being resisted by the defendant-pe..Category: Family Law | Date: | Hits: 185
Idrish Ali Bhuiyan (Md) Vs. Dr. Alauddin Ahmed & ors., 2002, 31 CLC (HCD)
....es to the election petition. The petitioner also in violation in Article 51 of the People's Order 1972 made several prayers in the Election Petition but according to Article 51(2), the petitioner can claim any of the relief stated in aforesaid Article. So the election petition of the petitioner is n......- By this application under Article 58(a) of the Representation of the People Order No. 155 of 1972 (PO 155 of 72) the petitioner Dr. Alauddin Ahmed, respondent No. 4 of this election petition, prays for dismissal of the election petition No. 2 of 2001 pending before this Court stating, inter alia, ......g out the name of respondent Nos. 1‑3, 8 & 9 and the prayers 'b', ‘c’, ‘d’ & ’e’ in the prayer portion of the election petition. Ed. This Case is also Reported in: 55 DLR (2003) 19...Category: Election Law | Date: | Hits: 85
Hanif Ali (Md) Vs. Hajera Khatun and others, 2002, 31 CLC (HCD)
....o the plaintiff No. 2 by a kabala deed dated 6‑4‑1966 and has given delivery of possession. The plaintiff No. 2 in this way in all has acquired 1.88 acres of land. But due to mistake be could not claim that 1.88 acres of land but he claimed only 0.87 acres of land which was decreed in his favour......hile considering its judgment, if any, ambiguity or omission is noticed. The power can be exercised suo motu and also at the instance of a party………………………….(13) A suit for partition remains pending till passing of the final decree. There would be obviously no bar to t......oner before the trial Court for the amendment is allowed. In view of the facts and circumstances there will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 17. ..Category: Property Law | Date: | Hits: 34
Saroj Kanta Sarker Vs. Seraj‑ud‑Dowla & ors., 2003, 32 CLC (HCD)
....n nominated by him and 0.223 acre of land in favour of pro‑forma defendant No. 3 if further Taka 20,00,000 was paid to the defendant No. 1. 39. In paragraphs 10 and 11 of the plaint, it was also claimed that on 15‑8‑1990 the parties reached a new contract. 40. The above averments were cl......Rashid J.- Defendant No. 1 presented the above appeal against the decree dated 30‑4‑2001 passed by the Subordinate Judge, Court No. 3 at Dhaka in Title Suit No. 14 of 2001, which decreed the suit for specific performance of a contract dated 2‑4‑1985. 2. On 23‑5‑1991 respondent No. 1 M......sequently, by signing debit vouchers in cash or cheques up to 19‑7‑1988 defendant No. 1 received Taka 59,35,000 out of Taka 65,36,333 from pro‑forma defendant No. 4. 8. After receipt of said money of Taka, 59,35,000 defendant No. 1 on different dates executed and registered number of sale d..Category: Civil Law | Date: | Hits: 78
National Bank Ltd. and others Vs. Habib Bank Ltd. and others, 2002, 31 CLC (HCD)
....l No. 202 of 1993 arose out of Money Suit No. 65 of 1989 filed by Habib Bank Ltd., Deira, Dubai Branch, United Arab Emirates, against National Bank Ltd., Head Office, Dilkusha Commercial Area, Dhaka, claiming US$ 3,58,577 equivalent to Taka 1,18,15,112.15 paisa in the First Commercial Court, Dhaka. ......No. 202 of 1993 with Appeal from Original Decree No. 204 of 1993. Judgment ABM Khairul Haque J.- The First Appeal No. 202 of 1993 and First Appeal No. 204 of 1993 are taken up together for hearing because both the appeals arose from the same transaction although there are two separate......ing a written statement denying all material allegations and praying for dismissal of the suit. The main contention of the defendant in this suit is that the plaintiff Habib Bank Ltd neither paid any money nor negotiated the concerned shipping documents of the seller Navegadora Panocenica SA and tha..Category: Business or Commercial Law | Date: | Hits: 202
....day, 15‑11‑2002 being Friday was a full holiday and the petitioner was served with the impugned notice on 16‑11-2002 which shows total non application of mind and substantiates the petitioner's claim that the order was passed at the behest of the Minister in charge of the concerned ministry. H......ther or further order or orders passed as to this Court may seem fit and proper.
2. In the writ petition it has been stated, inter alia, that on 19‑5‑2002 the petitioner filed an application before the respondents for environmental clearance certificate to install a factory at 58/2 Senpara (P......6‑11‑2002 vide Annexure E to the writ petition is hereby declared to have been issued without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 56 DLR (2004) 1.
..
Category: Environmental Law | Date: | Hits: 226
Didarul Kabir (Md) Vs. Commissioner of Customs and others, 2001, 30 CLC (HCD)
.... government can fix tariff value for any goods under section 25(7) of the Customs Act and in the instant case tariff value is fixed at the rate of US$175 per metric ton. The basis of the petitioner's claim is that they have purchased the vessel at an auction price of Taka 1,05,00,000 whereas respond......he said vessel to subsequently been added in this Rule at his instance as co‑petitioner No. 2. 3. The short fact of the case is that, the petitioner No. 1 participated in an international tender for auction sale of vessel MV Alexandra. The said tender was invited pursuant to an order dated 9‑......ischarged however without any order as to cost. The respondents are at liberty to realise the balance dues by encashing the Bank Guarantee. Ed. This Case is also Reported in: 55 DLR (2003) 11...Category: Fiscal/Taxation Law | Date: | Hits: 77
Osiar Rahman Vs. Dharus Sunnah Islamia Madrasha, 1996, 25 CLC (HCD)
.... or sufficiency of the service or the proceedings, a suit by a person on whom no summons was served, for setting aside the ex parte decree is maintainable. It is also settled law that mere falsity of claim and or perjured evidence if non- service of summons be not proved will not support the action.......ভাবে বিবিধ প্রতিকার পাইতে পারে তাহা পাওয়ার ডিক্রী দিতে আজ্ঞা হয়”। 4. Learned Advocate for the petitioner submits that the Courts below erred in law in rejecting the plaint on the ground ......4 of 1988 is set aside. The Other Suit No.14 of 1988 is restored to its original file and number. Send down the LC Records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 93. ..Category: Civil Law | Date: | Hits: 66
Nibash Chandra @ Chinu Vs. Dipali Rani and another, 1999, 28 CLC (HCD)
....equently commenced. Charge under section 4 of the Dowry Prohibition Act, 1980 was framed against accused Nibash Chandra Sarker @ Chinu Sarker after hearing of which the accused pleaded not guilty and claimed to be tried. 3. At the trial complainant examined 5 P.W.s including herself. P.W.1 is com......riage she went to the house of her husband and continued to live there. Out of their wedlock a son was born. The complainant noticed that the husband had been addicted to drinking and gambling from before. The accused used to demand dowry from her and used to cause mental and physical torture to her......y at once if not required in any other case. Bail bond is discharged. LC record along with copy of the judgment be sent down at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 87...Category: Family Law | Date: | Hits: 175
American Express Bank Limited Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....d the item “Head Office Expenses” could no longer be reflected in the profit and loss account of American Express Bank Bangladesh (petitioner) but the said Head Office expenses being incurred and claimed by the Head Office for business purpose the petitioner demanded for exemption of corporate t......Revenue and others ……………………Respondents Judgment July 31, 2001. Lawyers involved: Dr. M Zahir with Md. Firoz Shah with AHM Mizanur Rahman and Afreen Mohiuddin, Advocates—for the Petitioner Syed Abu Kowser Md. Dabirush-Shun, Deputy Attorney-General—for the Responden......petitioner though shown to have deducted Head Office expenses in total Income Tax computation sheet but did not disclose the basis of making such deduction for Head Office expenses and the sources of money for financing such expenses did not reflect in the profit and loss account sheet which accordi..Category: Fiscal/Taxation Law | Date: | Hits: 132
....of 19.30 million takas and a working capital of 3.00 million takas. It manufactures coconut oils and other associated products. The respondents are different state functionaries.
2. The petitioner claims to have commenced its commercial production. Its projected annual output was put at 30,000 me......cts. The respondents are different state functionaries.
2. The petitioner claims to have commenced its commercial production. Its projected annual output was put at 30,000 metric tons. It requires for its production raw materials from abroad. It says it will be obliged, each time it imports its r......sion we are of the opinion that the Rule is liable to be discharged. In the result the Rule is discharged. There will he no order as to cost.
Ed.
This Case is also Reported in: 54 DLR (2002) 1.
..
Category: Fiscal/Taxation Law | Date: | Hits: 108
39283926392539223921392039153914391339113910390939033900389738963894389238913890