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Bangladesh Inland Water Transport Authority Vs. United Trading Corporation, 1989, 18 CLC (HCD)
.... as damages for delay and detention of the oil tanker from the middle of October, 1969 to 12.8.72, a further sum of Tk. 79,189.61 as interest at the rate of 6% per annum from 12.8.72 to 12.7.75, in total Tk. 5,22,820.79. The plaintiff gave up an amount of Tk. 22,820.79 as interest and made a net c......der of the learned Subordinate Judge cannot be sustained. In the result the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 513.......ite clear to us that in the garb of a money suit this is a suit for enforcement of the award of the District Judge, Dhaka. We have quoted the relevant observations from various decisions of various jurisdictions of this subcontinent and we hold in respectful agreement with the same that such a s..Category: Civil Law | Date: | Hits: 142
Janata Bank Vs. Mohiuddin Specialised Textile, 2009, 38 CLC (HCD)
....ন।” 4. The fact of the case, although are not so much relevant for disposal of this appeal, but for a reference, it appears that defendants was sanctioned loan of Taka 15,00,000 + 2,00,000 = total 17,00,000 on 8-7-1989. Defendant defaulted in paying the loan and it pile up to Taka 21,86,194......l be paid in Money Suit till realisation of decreetal amount. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 501. ......e Bank itself who could waive such interest to whom the defendant could approach for waiving the interest. Section 30 of the Bank Companies Act, 1991 has also imposed similar embargo upon the Court's jurisdiction to interfere with the interest so payable by the borrower to the Bank under agreement, ..Category: Civil Law | Date: | Hits: 141
Shamsur Rahman alias Shamsu Moral and another Vs. State, 1998, 27 CLC (HCD)
....tion 561A of the CrPC for the ends of justice. Accordingly, we do not find any merit in this application. And hence, it is rejected. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 338.......tion 561A of the CrPC for the ends of justice. Accordingly, we do not find any merit in this application. And hence, it is rejected. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 338.......ior Court that even a non-appealing co-accused convicted in a case may be given benefit of the result of the appeal preferred by other co-accused. Be that as it may, the petitioner seeks our inherent jurisdiction for the ends of justice to restore this case. 4. We are not convinced that the inher..Category: Criminal Law | Date: | Hits: 91
Khondker Abdul Majed Vs. Tarapada Dey, 1999, 18 CLC (HCD)
....to costs. The order of stay passed earlier by this Court is hereby vacated. Communicate the order to the trial Court expeditiously. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 336. ......to costs. The order of stay passed earlier by this Court is hereby vacated. Communicate the order to the trial Court expeditiously. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 336. ......to costs. The order of stay passed earlier by this Court is hereby vacated. Communicate the order to the trial Court expeditiously. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 336. ..Category: Civil Law | Date: | Hits: 122
Hyundai Corporation Vs. Deputy Commissioner of Taxes, Dhaka and another, 1999, 18 CLC (HCD)
....n is not assessable in Bangladesh for the reasons as aforesaid the order of attachment is found to be illegal and without jurisdiction. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 333.......n is not assessable in Bangladesh for the reasons as aforesaid the order of attachment is found to be illegal and without jurisdiction. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 333.......tachment of their bank account for non-payment of the income tax assessed on the petitioner-corporation. In view of our finding as aforesaid this attachment of the bank account is found to be without jurisdiction and illegal. When the petitioner-corporation cannot be assessed for any income tax for ..Category: Fiscal/Taxation Law | Date: | Hits: 254
Abdul Quayuam Khan Vs. Abu Yusuf Mridha, 1997, 26 CLC (HCD)
....erty except where the mortgagee is the government or a local authority or a schedule Bank or a statutory Corporation or a Co-operative Society; or (c) for partition of immovable property where the total area of the property involved exceeds one hundred standard bighas.” Article 7 also may be......e date of such information the period of payment of the amount in question should be calculated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 386. ......e date of such information the period of payment of the amount in question should be calculated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 386. ..Category: Procedural Law | Date: | Hits: 129
Delicia Dairy Food Ltd. Vs. Collector of Customs and others, 1998, 17 CLC (HCD)
....er arrival of the goods petitioner submitted import documents in the office of the Customs Authority, Chittagong for assessment of customs duties on the basis of invoice value at US $ 41 per roll and total C&F value US$ 4,100.00 for the purpose of release of the goods, that the customs authoriti......should be discharged on the said ground. In view of the discussion made above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 381.......the transaction being a past and closed one, the notice dated 12-3-94 issued to him directing him to deposit an amount of Taka 8,06,025.00 as short-levied customs duties and other charges was without jurisdiction. Learned Advocate of the petitioner lastly submits that claim of amount of Taka 8,06,02..Category: Fiscal/Taxation Law | Date: | Hits: 189
Assistant Custodian, Vested Property Vs. Jugal Chandra Shaha & others, 1988, 27 CLC (HCD)
....First Court, Patuakhali for disposal of the Miscellaneous Case in accordance with law and in the light of the observation made above. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 473.......First Court, Patuakhali for disposal of the Miscellaneous Case in accordance with law and in the light of the observation made above. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 473.......s satisfied that due to his old age the plaintiff could not appear at the hearing of the suit this Court should not interfere with the order passed by the learned Munsif in exercise of his inherent jurisdiction. 6. It is now well settled that if there is specific provision provided by law the C..Category: Limitation Law | Date: | Hits: 275
Sourja Bala Devi Vs. Habibullah Sheikh, 1989, 18 CLC (HCD)
....ership by paying rent and/or remaining in possession. All these are very relevant questions to be decided on the basis of evidence on record. But these have not resolved and it has occasioned a total failure of justice. 17. It is, therefore, ordered that the judgment and order passed in Mis......rovision of Order 41 Rule 27 of the Code of Civil Procedure. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 463.......other hand submits with reference to two cases reported in 6 DLR 434 and 9 DLR 394 that admission of appeal under Section 174 subsection (5) of the Bengal Tenancy Act without the deposit is without jurisdiction. The deposit of the decretal amount is a condition precedent for the admission of the..Category: Property Law | Date: | Hits: 106
Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)
....ozammel Hossain Montu while met accidental death at 5-30 PM of 3-12-1989 was a news reporter of Daily Songbad. Plaintiffs who are wife and two minor sons of the deceased, filed Money Suit claiming in total Taka 3,52,97,000 as compensation on the following heads: ১। বাদীনির স......ucation as education makes a man a bit responsible. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 483. ......ized by law and (iii) the wrongful act or omission complained of must inflict injury special, private and peculiar to the plaintiff. Torts are infinitely vicious, not limited or confined until lawful jurisdiction is available from defendant, the plaintiff is entitled to sue in tort if there is defin..Category: Civil Law | Date: | Hits: 339
Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)
....t is no maintainable and further stated that this defendant sanctioned on 18-1-1984 and 25-4-1984, through sanction letter No.D-16966/875 Taka 4,00,000 with 13% and Taka 2,00,000 with 6% interest, in total, Taka 6,00,000 to defendant No.1 to be repaid in 25 years with monthly installment of Taka 5,5......showed unwillingness to accept his submission to dispose of this Miscellaneous appeal as the provision for filing the appeal has not been complied with. It further appears from the record that in the absence of 50% of the decreetal amount deposit to prefer this appeal there is no existence of appeal......e present case is concerned the appellant already brought the proceedings under article 27 of President's Order No.7 of 1973. These proceedings cannot be transferred to the Artha Rin Adalat which has jurisdiction to try a suit and not proceedings under article 27. Notwithstanding the promulgation of..Category: Civil Law | Date: | Hits: 156
....iated dealers of the petitioner at a government fixed rate. The Respondents No.2 on 7-7-2002 issued a demand with a show cause under section 36(4) and 55(1) of the VAT Act claiming trade VAT 1.5% and total demand was fixed at Taka 8,76,28,312. The respondents asked the petitioner (TCB) to show cause......und of the claimed amount of the petitioner forthwith preferably within 1(one) month from the date of receipt of this order positively.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 471.......und of the claimed amount of the petitioner forthwith preferably within 1(one) month from the date of receipt of this order positively.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 471...
Category: Fiscal/Taxation Law | Date: | Hits: 323
Bangladesh Environment Lawyers Association (BELA) Vs. Bangladesh, 2010, 39 CLC (HCD)
....he injunction order granted earlier by this Court stands vacated. Communicate this Judgment and order to the respondents accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 463. ......he primary causes and sources of environmental degradation remain the unregulated operations of commercial activities often leading to destruction of precious ecosystems and natural resources. In the absence of proper monitoring and implementation of the relevant laws by the concerned regulatory age...... illegal extraction for taking legal action against them and realizing compensation from them are questions of fact to be ascertained on evidence and as such, such questions cannot be decided in writ jurisdiction. So, the Rule to that effect cannot be made absolute. However, we do hereby observed th..Category: Environmental Law | Date: | Hits: 1019
Majeda Khatun @ Majeda Rahman Vs. State, 1988, 17 CLC (HCD)
....l be free to cancel the bail of the petitioner in case of any violation of the privilege of bail granted hereby to her by this Court. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 76. ......l be free to cancel the bail of the petitioner in case of any violation of the privilege of bail granted hereby to her by this Court. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 76. ......l be free to cancel the bail of the petitioner in case of any violation of the privilege of bail granted hereby to her by this Court. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 76. ..Category: Criminal Law | Date: | Hits: 105
Gani Mia & another Vs. U.N.O., Biswanath, District Sylhet & Others, 1988, 17 CLC (HCD)
....and as such it calls for interference. The impugned order be set aside and the Rule be made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 72. ......er or not certain parties are necessary or proper parties for adjudication of the case. Their Lordships have spelt out that one test which has been recognized as of great importance is that if in the absence of a party the Court cannot give an effective remedy that party is a necessary party. Beside......the concerned government officers, for declaration that the order of shifting of the Alankari Post Office from the present building donated by the petitioners to some other site is void and without jurisdiction as it would be in violation of the agreement entered into between the plaintiff petit..Category: Procedural Law | Date: | Hits: 193
Gura Miah and others Vs. Fazar Ali and others, 1988, 17 CLC (HCD)
....me and the proceeding under section 145 of the Code of Criminal Procedure is hereby dropped. In the result the Rule is made absolute. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 70.......ng the subject of the dispute. The provision of section 145 of Code of Criminal Procedure indicates the existence of continuing danger of breach of peace till the time the final order is made and absence of such danger at any point of time will call for dropping of the proceeding. In this case......e himself had found that there is no such apprehension of breach of peace and in that view of the matter the learned Magistrate was under legal obligation to put an end to the proceeding and had no jurisdiction to pass the impugned order. It has also been held in the case of Syed Zaman Khandaker &..Category: Criminal Law | Date: | Hits: 126
Khaled Akbar Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)
....as reduced to Tk. 22 lakhs and the amount having been accepted on agreement between the parties the arbitration proceeding is not maintainable. 4. The Arbitrator on hearing the parties awarded a total sum of Tk. 1,04,50,000/- and on appeal the Member, Appellate Tribunal reduced the award of the......stice calling for our interference by this Court in these cases. Consequently these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 66. ...... Tribunal discharges in deciding an appeal from the decision of an Arbitrator is a Judicial one or a function in his private capacity. If the function is a judicial one then it is amenable to the jurisdiction of this Court under section 115 of the Code of Civil Procedure, otherwise not. 9. ..Category: Alternative Dispute Resolution | Date: | Hits: 280
Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)
....In the present case, no such enquiry was held and the order of dismissal was passed summarily after perusing the respondent's explanation. The rule, of natural justice in this case were honoured in total breach. The impugned order of dismissal was thus bad in law and has been set aside by the Hi......public employment and the statutory body, the employer, could not terminate the services of its employee without due enquiry in accordance with the statutory regulations, if any in force, or in the absence of such regulations, in accordance with the rules of natural justice. Such an enquiry into...... the orders, in his official capacity. The allegations of violation of the existing rules or regulations at the time the action is taken and the order is passed or made, is the sine qua non to vest jurisdiction to the Court to see if the impugned order or action is in violation of the laws or re..Category: Employment/Service Law | Date: | Hits: 175
Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)
....e Suo Motu Rule No. 47/89 is also discharged. Let a copy of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ......e Suo Motu Rule No. 47/89 is also discharged. Let a copy of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ......e Suo Motu Rule No. 47/89 is also discharged. Let a copy of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ..Category: Criminal Law | Date: | Hits: 127
State Vs. Jahaur Ali & Others, 1987, 16 CLC (HCD)
....rejected and case is sent back on remand to trial Court for holding the trial of the case in the light of the observations made above. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 94. ......rejected and case is sent back on remand to trial Court for holding the trial of the case in the light of the observations made above. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 94. ......rejected and case is sent back on remand to trial Court for holding the trial of the case in the light of the observations made above. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 94. ..Category: Criminal Law | Date: | Hits: 107
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