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Dr. Abdur Rahman and others Vs. Chairman, RAJUK & others, 2005, 34 CLC (HCD)
....essary materials for construction of Two Star international Hotel and spent an amount of Taka 1,70.50.000 for the same when suddenly the plaintiffs received notice of LA Case No. 7 of 1998-99 whereby part of the said purchased land has been acquired by RAJUK. 3. It is further stated in the petiti....... 4. After filing of the suit the petitioners filed an application for injunction and a show cause notice was issued but as the opposite parties were adamant to take possession of the land without payment of said compensation, the petitioners filed an application under section 151 of the Code for......ceived and there is no scope to interfere with the impugned order. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 103. ..Category: Civil Law | Date: | Hits: 99
Abdul Mannan alias Mona Miah Vs. State, 2002, 31 CLC (HCD)
....ither in the night on 28-11-1997 or in the early morning of that date. We have already found that there is no evidence other than that of PW 3 Bahar Uddin. We have found him contradictory on material particulars namely, about his seeing the condemned prisoner sitting on the threshold of his house in......used Nurul Islam informed him that the victim died of pains in her stomach in his house. He denied that he did not state this in the first information report. He further admitted that he stated about payment of money to the accused in the first information report. He further admitted that he could n...... of Additional Sessions Judge, and Nari-o Shishu Nirjatan Daman Bishesh Adalat No. 2, Noakhali for necessary action in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 91. ..Category: Criminal Law | Date: | Hits: 96
Government of Bangladesh Vs. Helal Jute Press Ltd. and others, 2009, 38 CLC (AD)
.....- This appeal by leave, is directed against the judgment and order dated 27-07-1999 passed by a Division Bench of the High Court Division in Writ Petition No. 348 of 1985 making the Rule absolute-in-part with a direction to the writ respondent No. 1-Appellant to deliver possession of the properti......le obtained in writ petition No.325 of 1975 was disposed of on compromise and nine godowns remained with the BWC and finally with the Jute Trading orporation. There were prolonged negations as to the payment of compensation for use of the land of the writ-petitioner No.1 by the writ-respondents and ......ntenance of the godowns within 10 months be set aside. There shall be no order as to cost. Ed. This Case is also Reported in: 8 LG (AD) (2011) 70, VIII ADC (2011) 376, 31 BLD (AD) (2011) 86. ..Category: Property Law | Date: | Hits: 128
....responsive and were invited to attend the tender adjustment meeting (TAM) for the purpose of clarifying, modification, if any and agreement with individual bidders prior to be declared as eligible to participate in the 2nd stage bidding.
3. The Tender Adjusted Meetings (TAM) were held separately ......ts.
The impugned judgment and order passed by the High Court Division making the Rules absolute are set aside.
Ed.
This Case is also Reported in: 16 BLC (AD) (2011) 9, VIII ADC (2011) 146.
......ts.
The impugned judgment and order passed by the High Court Division making the Rules absolute are set aside.
Ed.
This Case is also Reported in: 16 BLC (AD) (2011) 9, VIII ADC (2011) 146.
..
Category: Others | Date: | Hits: 164
Md. Abdul Gafur and others Vs. State, 2011, 40 CLC (HCD)
....J Md. Ashraful Kamal J Md. Abdul Gafur and others………………………………Petitioners Vs. The State………………………………..………………………….Opposite party Judgment April 3, 2011. Lawyers Involved: Md. Humayun Kabir, Advocate -For the pet...... to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ...... to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 49
Jabed Ali alias Kasai Jabed alias Mawra Jabed Vs. State, 2011, 40 CLC (HCD)
....ut of them P.Ws.1-2 are seizure list witnesses and are employees of the college. P.W.3 is a local witness. P.W.4 is the informant himself and P.Ws. 5-6 are police personnel and members of the raiding party, while P.W.7 is the investigating officer. 5. After closing the prosecution, the appellant ......war Ali is acquitted of the charges levelled against him and discharged from his bail bond. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......war Ali is acquitted of the charges levelled against him and discharged from his bail bond. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 44
....e suit land. After the death of Shamsuddin Bhuiyan and his wife Rahima Begum, their three sons, the plaintiffs, and one daughter inherited the properties left, including the suit land and on amicable partition, amongst themselves, the plaintiffs got the suit land in their saham and thus became the e......ed 1.7.1944 was executed and registered by his father, the natural guardian, and accordingly said Shamsuddin Bhuiyan has been possessing as owner of the suit plots and enjoying usufructs therefrom on payment of rates and taxes to the Sheresta of the Zaminder and, after withdrawal of the Zamindery Sy......rials on record and hence no interference is called for.
Accordingly the application for leave to appeal is dismissed without costs.
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 105...
Category: Property Law | Date: | Hits: 81
Yusuf Jamil Babu Vs. Bangladesh and others, 2009, 38 CLC (AD)
.... the order of the Returning Officer, filed an appeal to the Appellate Authority (Deputy Commissioner, Comilla) being Appeal No. চে ০৮/২০০৮ and the Appellate Authority upon hearing the parties, dismissed the appeal by the order dated 20.12.2008. The petitioner is one of the share hold...... Kamal, learned Counsel, appearing for the petitioner submitted that admittedly the petitioner took no loan from the Bank in his own name. Loan was taken by the Company and if there is any default of payment, the Company will be liable for that. Section 5(CC) of the Bank Companies Act, 1991 provides...... the post of Chairman, Daudkandi Upazila Parishad, Comilla. On the date of scrutiny on 17.12.2008, the nomination paper of the petitioner was cancelled by the Returning Officer on the ground of being loan defaulter under Section 16(2) (ঘ) (ঙ) of the Local Government (Upazila Parishad) Ordinance,..Category: Election Law | Date: | Hits: 116
Islami Bank Bangladesh Ltd. Vs. Shohag Medicine Supply and others, 1998, 27 CLC (HCD)
....eferred against the Judgment and decree passed by the learned Subordinate Judge and Artha Rin Adalat No.2, Khulna in Title Suit No.33 of 1990. The Adalat by judgment dated 30-9-90 decreed the suit in part directing realisation of Taka 1,64,925.00 from the defendant. 2. The short fact leading to t......om the side of the defence. Rather the defendant categorically admitted this. There was a condition that the amount should be repaid to the bank by 6-11-88 which has not been done excepting of course payment of Taka 11,000.00. Thereafter the bank instituted the present suit for realisation of Taka 2......it charged on the selling of the medicines. Out of this amount of Taka 1,75,925.00 the defendant No. 2 paid only Taka 11,000.00. Then a notice was issued on 25-14-89 asking the defendant to repay the loan with profit as earlier agreed upon. But on 15-8-90 defendant No. 2 refused to pay anything. He ..Category: Banking Law | Date: | Hits: 199
Shah Alam and others Vs. State, 2000, 29 CLC (HCD)
....e complied with but the substance underneath the law was equally adhered to—there must not be any reason for doubt as to the truth of the statements, be it circumstance or proved otherwise. In this particular case it is difficult to deny accused-appellants an opportunity to cross-examine the Magis....... Send down the LC records along with a copy of this judgment to the Trial Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 52 DLR (2000) 566. ....... Send down the LC records along with a copy of this judgment to the Trial Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 52 DLR (2000) 566. ..Category: Criminal Law | Date: | Hits: 67
Concord Engineers Construction Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....nt year 1988-89 the company preferred ITA No. 55 of 1990-91 and in respect of the assessment year 1989-90 filed IT No. 1134 of 1991. The Senior Appellate Joint Commissioner of Taxes after hearing the parties allowed the appeals and amongst others deleted the disallowance of interest in all the afore......ate Joint Commissioner of Taxes. It appears from a reading of the judgment of the Senior Appellate Joint Commissioner of Taxes that he has given cogent reason for allowing the deduction on account of payment of interest on borrowed capital and in arriving at that finding he has specifically observed......see submitted their return showing total income at Taka 71,90,576 which was assessed by the Deputy Commissioner of Taxes at Taka 93,00,504 and disallowed interest of Taka 4,47,430 paid on capital for loan borrowed. 4. Similarly, Reference No.38 relates to assessment year 1989-90. In that year ret..Category: Fiscal/Taxation Law | Date: | Hits: 135
Kamruzzaman (Md.) alias Zaman Vs. State, 2000, 29 CLC (HCD)
....ook out two touchstone statues of god ‘Ram’ and goddess ‘Seeta’ weighing about 15 Kg and 1 Kg. respectively worth about Taka 4 lac. No sooner had the statues been offered for sale, the police party waiting outside stormed into the house and arrested the appellant under section 54 of the Code......Kowsar referred to section. Section 25B(1)(a) which runs as follows- “(1) Whoever, in breach of any prohibition or restriction imposed by or under any law for the time being in force, or evading payment of customs duties or taxes leviable thereon under any law for the time being in force (a)......har, District-Rajshahi be enlarged on bail in Motihar PS Case No.2 dated 6-3-2000 to the satisfaction of the District Magistrate, Rajshahi. Ed. This Case is also Reported in: 52 DLR (2000) 556. ..Category: Criminal Law | Date: | Hits: 72
Bally Schutrabriken Ag, Switzerland Vs. Hosnara Begum, 1999, 28 CLC (HCD)
....plication No.16272 in Class 25. In the opposition the appellant contended that they are the internationally reputed manufacturers of shoes and foot wears under the trade mark “BALLY” constituting part of their company name. This Trade Mark has been registered in more than 100 countries of the wo......ined to interfere with the impugned judgment and order. The Court fees paid are correct. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 52 DLR (2000) 546. ......ined to interfere with the impugned judgment and order. The Court fees paid are correct. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 52 DLR (2000) 546. ..Category: Intellectual Property Law | Date: | Hits: 210
....roceeding of that case was stayed. It was the further case of the plaintiff respondent that before getting a kobala deed executed and registered, through Court, the defendant No. 1 and 2 was added as parties in the HRC Case No. 224 of 1983 and beyond the notice of the plaintiff they withdrew Taka 36......ion and that was dismissed by the judgment and order dated 28.02.1985 vide exhibit ‘Gha’. The Appellate Division directed the present appellant (defendant No. 1 and 2 of the instant suit) to make payment of a solatium of Taka 1,00,000/- within 30 days from the date of the order. As such the plai......the suit land in favour of appellants through court.
The office is directed to send down the lower Court’s record at once.
Md. Rais Uddin J.- I agree.
Ed.
This Case is also Reported in:
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Category: Property Law | Date: | Hits: 110
Bangladesh Legal Aid and Services Trust (BLAST) and another Vs. Bangladesh, 2010, 39 CLC (HCD)
....Government of the People's Republic of Bangladesh, Bangladesh Secretariat, Dhaka and others .......................Respondents Judgment March 2, 2010. Result: The Rule is made absolute in part. Cases Referred to- Sheela Barse and another Vs. Union of India and others, AIR 1986 Supr......a copy of this judgment be communicated at once. Sheikh Abdul Awal J. - I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 194; 15 MLR (HCD) (2010) 145; 30 BLD (HCD) (2010) 194. ......a copy of this judgment be communicated at once. Sheikh Abdul Awal J. - I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 194; 15 MLR (HCD) (2010) 145; 30 BLD (HCD) (2010) 194. ..Category: Criminal Law | Date: | Hits: 128
Ershad Ali Vs. State, 2000, 29 CLC (HCD)
....to Abul on bail. 2. Chandpur PS Case No.11 dated 11-2-99 was started against the appellants and 2 others upon allegation that while doing patrol duty at Merkatiz Road, Puranbazar Chandpur a police party found 10/12 persons running away. They got suspicious and gave a chase. Two (2) of those fleei......e District Judge which on appeal was affirmed by the High Court Division. 6. Contentions were raised that the Dockyard (Builder) who had been paid for construction of vessels is not liable for the payment of loan having been extended to the Shipping Lines (Purchaser) by the Sangstha. No loan was ...... Shilpa Rin Sangstha briefly the Sangstha AC Ms Tapashee Shipping Lines Ltd. briefly the Shipping lines (the purchaser) and Dira Dockyard & Engineers Ltd. (the builder) for building 2 coasters, a loan of Taka 70 lac was sanctioned in favour of the shipping Lines on certain terms and conditions. ..Category: Criminal Law | Date: | Hits: 38
Shakainath Mohanta Vs. Md. Tatikuddin Mondal and others, 1999, 28 CLC (HCD)
....he aforesaid order dated 21-1-89, defendant No.10 preferred Civil Revision No.108 of 1989 (Rangpur)/Civil Revision No.1507 of 1991 (Dhaka) before the High Court Division and this Court on hearing the parties discharged the Rule by judgment dated 27- 8-199 1. In this case their Lordships found that i......hin 6 months from date of the receipt of this order. Communicate the order of the Court to the learned Subordinate Judge, Noagaon at once. Ed. This Case is also Reported in: 52 DLR (2000) 541.......hin 6 months from date of the receipt of this order. Communicate the order of the Court to the learned Subordinate Judge, Noagaon at once. Ed. This Case is also Reported in: 52 DLR (2000) 541...Category: Property Law | Date: | Hits: 73
Foto Fast Color Lab Vs. Bangladesh & others, 2000, 29 CLC (HCD)
....ed for re-hearing upon issuing the show cause notice and appropriate enquiry in the matter. 4. Mr. Rafiqul Islam the learned Counsel appearing for the petitioner has taken us through the Annexures particularly Annexures-A the Trade licence issued by Dhaka Municipal Corporation, Annexure-B the enr......2.00 as VAT for the period of 11 months starting from July, 1992 month to month basis as determined and approved by the customs and VAT authority. While the petitioner was carrying on the business on payment of regular VAT duly endorsed by its Inspector the petitioner to his utter surprise received ......onsequent right of the parties to proceed in accordance with law. In the result, this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 533...Category: Fiscal/Taxation Law | Date: | Hits: 139
Asaduzzaman (Md.) Vs. Md. Salamatullah & others, 1999, 28 CLC (HCD)
....SS Halder with Probir Halder, Advocates — For the Opposite Parties. Criminal Miscellaneous Case No.767 of 1997 with 145 of 1997. Judgment Md. Hamidul Haque J.- By these two Rules, opposite parties were directed to show cause as to why the proceedings of CR Case No.555 of 1996 and CR Case ......king shrimp fries from complainant on different dates on credit. The accused took delivery of shrimp toes of Taka 30,91,303.00 during the year 1995 from the complainant and on demand the accused made payment of Taka 4,80,000.00 on different dates. Thereafter, the accused came to the complainant on 2......quashed. In the result, both the Rules are made absolute. The proceedings of CR Case No.555 of 1996 and CR Case No.65 of 1996 are quashed. Ed. This Case is also Reported in: 52 DLR (2000) 530...Category: Criminal Law | Date: | Hits: 46
Mehnaz Sakib Vs. Bangladesh, 1999, 28 CLC (HCD)
....ce. 4. The police without prior information or notice suddenly arrested the detenu on 21-04-99 under section 54 of the Code of Criminal Procedure and kept her in Ramna Police Station. In the later part of the day she was straightway taken to the Dhaka Central Jail under detention for a period of ......se the detenu Mrs. Jobaida Rashid now detained in Dhaka Central Jail, Dhaka forthwith if she is not wanted in connection with any other case. Ed. This Case is also Reported in: 52 DLR (2000) 526.......se the detenu Mrs. Jobaida Rashid now detained in Dhaka Central Jail, Dhaka forthwith if she is not wanted in connection with any other case. Ed. This Case is also Reported in: 52 DLR (2000) 526...Category: Criminal Law | Date: | Hits: 64
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