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Bangladesh Vs. Md. Yakub Mia and another, 2005, 34 CLC (AD)
....r dated 23.11.1999 passed by the High Court Division in Writ Petition No. 2060 of 1993 is set aside. There is no order as to costs. Ed. This Case is also Reported in: 2008 (XVI) BLT (AD) 60. ......r dated 23.11.1999 passed by the High Court Division in Writ Petition No. 2060 of 1993 is set aside. There is no order as to costs. Ed. This Case is also Reported in: 2008 (XVI) BLT (AD) 60. ...... entered into an agreement with the respondent No.1 for sale of the building at a total consideration of Tk. 9,750/- out of which the respondent No.1 paid to Md. Shafi a sum of Tk. 7,000/- as earnest money and on the same very day Md. Shafi handed over possession of the said building to him; Md. Sha..Category: Property Law | Date: | Hits: 28
Mohammad Ullah Vs. Sessions Judge, Noakhali, 2005, 34 CLC (AD)
....hority in law to try the case. Thus the entire trial was illegal and without jurisdiction and hence void. So, the trial in question was no trial in the eye of law." "......Thus the whole basis of section 403(1) of the Code of Criminal Procedure as well as Article 35 (2) is that ...... in Miscellaneous Case No. 353 of 1996 for fresh trial of G.R. Case No. 1 of 1983 is hereby quashed to secure ends of justice. Ed. This Case is also Reported in: (XVI) BLT (AD) 34. ...... in Miscellaneous Case No. 353 of 1996 for fresh trial of G.R. Case No. 1 of 1983 is hereby quashed to secure ends of justice. Ed. This Case is also Reported in: (XVI) BLT (AD) 34. ..Category: Constitutional Law | Date: | Hits: 109
Mrs. Saju Hossain & Others Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....all stages. The respondents are directed to comply the court's order within 4(four) months from receipt of the judgment Ed. This Case is also Reported in: II ADC (2005) 506; 16 BLT (AD)(2008)5. ......all stages. The respondents are directed to comply the court's order within 4(four) months from receipt of the judgment Ed. This Case is also Reported in: II ADC (2005) 506; 16 BLT (AD)(2008)5. ......Divisional Officer, on the prayer of Abdul Majid Dewan and 7 others, after starting V.P. Case No. 210 of 1980, leased out 1.37 acres to them under Memo No. 1117 (13) V.P. dated 18.7.80 who paid lease money for the year 1387 B.S. and subsequently Mr. Habibur Rahman Khan and 31 others, applied to the ..Category: Property Law | Date: | Hits: 40
Meher Banu and others Vs. Abdul Barek and Muslim Bepari, 2005, 34 CLC (AD)
....o substance in the Appeals. Accordingly, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 618; 11 MLR (AD) 2006, 119. ......o substance in the Appeals. Accordingly, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 618; 11 MLR (AD) 2006, 119. ......o substance in the Appeals. Accordingly, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 618; 11 MLR (AD) 2006, 119. ..Category: Property Law | Date: | Hits: 106
Abdul Zakir Khondakar and others Vs. Bimal Kumar Kunda and others, 2007, 36 CLC (AD)
....t out any infirmity of the kind calling for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 583. .......3,00,000/- and he having paid Tk. 1,50,000/- a bainanama was executed whereupon the possession of the suit property was delivered to him and the petitioners subsequently received further amount from him by executing "wasil receipt" and the respondent No. 1 thus, in total, pai...... of Tk.3,00,000/- and in pursuance thereof the respondent No.1 paid Tk. 50,000/- on 31.8.1987 and stipulated to get the suit property registered in his name on payment of the balance consideration money within four months and the possession was to be delivered to him only after execution an..Category: Property Law | Date: | Hits: 26
Md. Abdus Satter Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....t does not suffer from any infirmity calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 573. ......tal proceeding being No.12/1995-1996 was started against him; the matter was enquired into by a two member committee which submitted report. The authority concerned awarded a penalty to deposit an amount equivalent to 7(seven) days basic salary to the Bank; the petitioner being aggrieved preferr......t does not suffer from any infirmity calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 573. ..Category: Administrative Law | Date: | Hits: 90
Secretary, Rahmat-E-Alam Islam Mission & Etim Khana Vs. Md. Shafiqul Huq, 2006, 35 CLC (AD)
....ion. There is no cogent reason to interfere with the impugned judgment. Both the civil petitions accordingly are dismissed. Ed. This Case is also Reported in: V ADC (2008) 569. ......ion. There is no cogent reason to interfere with the impugned judgment. Both the civil petitions accordingly are dismissed. Ed. This Case is also Reported in: V ADC (2008) 569. ......emy property (now vested property). The suit land was leased out to one Abdul Baten in E.P. Case No.210 of 1967 and subsequently lease was granted to Rahmat-E-Alam Islam Mission who also paid lease money up 1385 B.S. The further allegation is that the defendant obtained an ex parte decree in Titl..Category: Property Law | Date: | Hits: 48
N.G. Shaha Steel Ind. (Pvt.) Ltd. Vs. Custom Excise VAT Aplt. Tribunal, Dhk & ors, 2005, 34 CLC (AD)
....overnment exchequer. That when the falsity of the declaration was detected a high-powered committee was constituted to investigate the matter. In course of investigation the committee unearthed the whole matter of VAT evasion and thereafter, the evaded VAT was demanded. The determination of ......- on which VAT payable was Tk. 2,00,92,389/-; and (iii) the total VAT evaded by the appellant was Tk.2,16,05.049/- by concealment of production and the appellant-company was liable to pay the amount. The appellant challenged the appellate order dated 30.11.1997 in the writ petition. ...... facts and circumstances stated above, we find no merit in the appeal. Accordingly, the appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 507. ..Category: Fiscal/Taxation Law | Date: | Hits: 83
Hefazatur Rahman Tipu and others Vs. Forkanul Islam and others, 2007, 36 CLC (AD)
....n did not commit any illegality or infirmity so as to call for any interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 443. ......o.1 after paying Tk. 3,00,000/- to the company, on the basis of a resolution of the company, got delivery of possession of the suit land and after getting possession of the suit land invested huge amount for the development of shrimp culture and salt raising including construction of sluice......, 352 and 353 of Mouza Kampur for a period of 5 years and in terms of the above agreement plaintiff has been paying rent to the company by taking receipts and the plaintiff also invested huge money for constructing sluice gate and other structures and that being influenced by other dir..Category: Property Law | Date: | Hits: 26
Sk. Mohiuddin Vs. Joint District Judge and Artha Rin Adalat No. 3, Dhaka & ors, 2008, 37 CLC (AD)
.... correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 356. ......imited and since he failed to repay the said loan money the respondent No. 3 filed Artha Rin Suit No. 18 of 2004 in the Artha Rin Adalat No.3, Dhaka against him for recovery of the outstanding loan amount. This petitioner appeared in that Artha Rin suit and contested the same by filing written s...... the same. 2. The short fact leading to the filing of the leave petition is that the petitioner took loan from respondent No.3, Pubali Bank Limited and since he failed to repay the said loan money the respondent No. 3 filed Artha Rin Suit No. 18 of 2004 in the Artha Rin Adalat No.3, Dhaka ..Category: Civil Law | Date: | Hits: 94
Golam Rabbani Vs. Chairman, Court of Settlement and others, 2008, 37 CLC (AD)
.... is immaterial whether the disputed property was listed in the "Ka” or "Kha" list, it is the abandoned character of the property which is the main criteria for determining the whole matter. The same principle has been reiterated in the case of Government of Bangladesh Vs. K.......analogous hearing of Case Nos. 841, 842 and 843 of 1997 and categorically stated that he never executed any agreement for sale in favour of the writ petitioner on 28.1.1971 and did not receive any amount as earnest money. The identity of Md. Muslim, the admitted allottee was not challenged by the......r a consideration of Tk. 60,000/- upon receipt of Tk. 40,000/- as advance and it was stipulated that the kabala would be executed and registered within 6 months on receipt of balance consideration money, but the said vendor did not complete the same within 6 months. Later on his daughter informe..Category: Civil Law | Date: | Hits: 119
M/S. Uttara Steel Corporation Ltd & anr Vs. Learned Judge, Artha Rin Adalat & ors, 2007, 36 CLC (AD)
.... of the learned Advocate for the petitioner deserves no consideration. The petition, accordingly, is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 266. ......espondent bank started calculating the interest on the basis of compound interest although the loan is a loan of simple interest. Moreover, the respondent bank illegally adjusted the entire repaid amount in the interest component although they should adjust the same in the principal amount as pe......is situation, in spite of repeated requests from the company, the respondent Agrani Bank without taking any step of aiding the commercial production of the said industry started demanding the loan-money basing upon the illegal compound interest, for which this petitioner or the company is not at..Category: Civil Law | Date: | Hits: 89
Mohammad Iqbal Ahmed Bhuiyan Vs. Sultan Mahmud Chowdhury, 2007, 36 CLC (AD)
....firmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 262. ......ot whereupon Janata Bank sanctioned a loan of Tk.13,00,000/-for the above purpose and by the same he raised sami pucca structures in the suit plot for establishing a factory therein; since the said amount was not sufficient to set up the industry as planned the respondent No.1 requested the above......firmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 262. ..Category: Property Law | Date: | Hits: 27
Korea Bangladesh Food Products Limited Vs. National Bank Limited and others, 2008, 37 CLC (AD)
....find no substance in the submission of the Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 253. ......tested alleging that the petitioner was a defaulter and had full knowledge of the auction proceeding. Though he entered into appearance but he did not take any step for satisfaction of the decretal amount. The executing Court served the notice properly by complying the provision of Rule 66 of the......disposal of the appeal under Section 41 of the Artha Rin Adalat Ain, 2003. Section 41 provides that an aggrieved party by an order of the Adalat may prefer an appeal depositing requisite amount of money before filing appeal based on the amount of the decree which must mean that the order or the ..Category: Business or Commercial Law | Date: | Hits: 82
Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2008, 37 CLC (AD)
....petition case No. 515 of 2001 under section 138 of the Negotiable Instruments Act, 1881 shall continue. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 195; 9 BLC (AD) 177; 9 MLR (AD) 299 ...... complainant and the accused are involved in share business and being closely known to each other the complainant gave a loan of Taka 60,00,000 (sixty lac) to the accused who assured to reimburse the amount in no time and later issued two cheques in favour of the complainant dated 27-8-2000 one fo......sented the cheques on 10-2-2001 but the cheques being bounced he again presented the cheques on 25-2-2001 but still the cheques were returned unpaid on 26-2-2001 and then the complainant demanded the money sending a notice dated 10-3-2001 giving the accused 15 days' time to make the payment but stil..Category: Criminal Law | Date: | Hits: 67
Unilac Sanowara (BD) Ltd. Vs. Bonlac Foods Limited and another, 2008, 37 CLC (AD)
....nt is liable to be rectified. It was stated that the respondent is required to produce the originals of all the annexures to the application and prove the same in accordance with law. ......nt is liable to be rectified. It was stated that the respondent is required to produce the originals of all the annexures to the application and prove the same in accordance with law. ......aused an embarrassing and alarming situation for the respondent as the continuation of the present position might lead to the closure of the business for which they have invested huge sums of money. The public interest thus suffers in the hands of the unscrupulous traders. The respondent no..Category: Intellectual Property Law | Date: | Hits: 245
Bangladesh Vs. Iqbal Hasan Mahmood Tuku, 2008, 37 CLC (AD)
....t, It is needless to emphasise that mens rea is a sine qua non to the successful prosecution of a criminal proceeding under Chapter XXI of the Ordinance. 13. In an appropriate case the wholesome rule is that a criminal Court may adjourn or postpone the hearing of a criminal case, if ......t (LTU), Dhaka by virtue of his being a Director of Apex Weaving and Finishing Mills Ltd and since then he has been paying his tax under LTU. As a regular tax-payer the respondent had paid a total amount of Taka 46,74,99/- as income tax since tax year 1980-81 to 2006-2007, After the emergency wa......ore maintainable. In view of the foregoing discussions the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 147. ..Category: Fiscal/Taxation Law | Date: | Hits: 97
Tara Mia and another Vs. Babru Mia and others, 2007, 36 CLC (AD)
....l having no merits is therefore is liable to be dismissed. The Appeal is thus dismissed. The parties do bear their own costs. Ed. This Case is also Reported in: 4 LG (2007) AD 231. ......l having no merits is therefore is liable to be dismissed. The Appeal is thus dismissed. The parties do bear their own costs. Ed. This Case is also Reported in: 4 LG (2007) AD 231. ......the suit property; that while defendant Nos. 1-5 were in ejmali possession by constructing a shop house on the southern side of the suit property, the defendant Nos. 1-3 and 5 being in need of money transferred 2 pons 7 gandas of land out of their share in favour of the plaintiff by registe..Category: Property Law | Date: | Hits: 26
Md. Atiar Rahman, Ex-Chairman, Trimohini Union Parishad Vs. State, 2007, 36 CLC (AD)
.... and does not warrant interference by this Court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 444. ......f the High Court Division and other papers on record. 9. The learned Counsel submitted that admittedly prosecution case was that of sanctioning cash loan for agriculture, and for fertilizer amounting to TK. 1,60,200/-from the period 01.07.1984 to 12.09.1984 alleged to have been sanctioned...... and does not warrant interference by this Court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 444. ..Category: Criminal Law | Date: | Hits: 34
State Vs. Ratan Khan and others, 2007, 36 CLC (AD)
....reliable and cogent evidence against them, the High Court Division rightly acquitted them. Criminal Appeal No. 43 of 2000 is thus dismissed. Ed. This Case is also Reported in: V ADC (2008) 439. ......reliable and cogent evidence against them, the High Court Division rightly acquitted them. Criminal Appeal No. 43 of 2000 is thus dismissed. Ed. This Case is also Reported in: V ADC (2008) 439. ......ed a sum of Tk.2100/- from him on the assurance of getting him passed in the Dakhil Examination. But they could not get him passed in the said examination. Therefore, Majibur Rahman demanded back the money from them. Over the same matter relation between them became strained and inspite of a salish ..Category: Criminal Law | Date: | Hits: 26
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