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Government of Bangladesh Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....xed by the trial court. The trial court thereafter would dispose of the suit in accordance with law. The appeal is accordingly allowed without any order as to costs. Ed. ......lands mentioned in Plot Nos. 600-699 of the same Mouza appearing in sheet No.2 and the survey should be done by a survey knowing Advocate Commissioner at the cost of the defendant-petitioners. The amount of the requisite fee was to be deposited in the trial court within 60 days from the date of ......he said petition stating inter alia that to procure the necessary fund for depositing fee of Advocate Commissioner, certain formalities were required to be observed and after obtaining sanction of money, the fee was deposited and Advocate Commissioner was accordingly appointed and he also s..Category: Property Law | Date: | Hits: 31
State Vs. Abdul Toab alias Abdul Towab and other, 2005, 34 CLC (AD)
....urt in holding the accused respondent as guilty and in doing so there has been miscarriage of justice. " Preparation of paper book is dispensed with as prayed for. Ed. ......on with each other collected Tk. 1,29,422.25 as fee for renewal of M.V. license from the owners during the period from 19 February, 1984 to 19 May, 1984 but they showed an amount of only Tk.85,975/- as stamp sale proceeds for the aforesaid period and thus both the accuse......urt in holding the accused respondent as guilty and in doing so there has been miscarriage of justice. " Preparation of paper book is dispensed with as prayed for. Ed. ..Category: Criminal Law | Date: | Hits: 35
M.A. Sukkur Vs. Md. Zahirul Haque and another, 2005, 34 CLC (AD)
....ation of the impugned judgment and order dated 17.05.2003 passed by the High Court Division in Criminal Miscellaneous Case No.152 of 2001 be stayed till disposal of the appeal. Ed. ......the accused petitioner was allowed facilities for the reimbursement of the money in 12 quarterly installments and pursuant to such facilities given to the petitioner he issued cheques for the amount of TK. 50, 000/- and TK. 3, 97, 875/- on 25 August 1997 and that the cheque of TK. 50, 000/-......o. 15 of 1992 on 26 January 1992 for realizing the outstanding dues from the accused petitioner and that subsequently the accused petitioner was allowed facilities for the reimbursement of the money in 12 quarterly installments and pursuant to such facilities given to the petitioner he ..Category: Criminal Law | Date: | Hits: 44
Department of Narcotics Control Vs. Crown Beverage Ltd., 2006, 35 CLC (AD)
....containing less than 5% alcohol and the two products were thus non-alcoholic within the definition of Section 2 of the Act and that the products gained tremendous response from consumers in the whole country as a result of which the interested quarters became jealous and made various propagand......sposal of the appeal. The petitioners are directed to make the appeal ready within 3 (three) months from date for expeditious disposal. Ed. This Case is also Reported in: III ADC (2006) 924. ...... the unsold stocks to the licenced dealers. 6. Hence is this petition 7. In support of the petition Mr. A. J. Mohammad Ali, learned Attorney General submits, inter alia, that mere investment of money and setting up a factory does not acquire the vested right to obtain a Brewery licence. Becaus..Category: Criminal Law | Date: | Hits: 76
Md. Mofazzal Hossain Vs. Md. Muklesur Rahman and others, 2006, 35 CLC (AD)
....re the paper book out of court in accordance with Rules. In part II of the paper book deposition of both the parties and the exhibited documents in the suit are to be included. Ed. ...... of Tk. 20,000.00 out of the consideration money of Tk.25,000.00, Anukul Chandra Dutta executed a bainapatra and put him in possession and agreed to execute sale deed on payment of the balance amount; subsequently Anukul Chandra Dutta having failed to execute the sale deed instate of t......of land out of his 14.31 acres of land out of Plot Nos. 6668 and 6669 of Khatian No. 657 of Mouza Chandpur Municipality and on receipt of part payment of Tk. 20,000.00 out of the consideration money of Tk.25,000.00, Anukul Chandra Dutta executed a bainapatra and put him in possession and ag..Category: Property Law | Date: | Hits: 30
Md. Belayet Hossain Vs. Abul Fayez Md. Abdullah and others, 2005, 34 CLC (AD)
....such view of the Matter we do not find any substance in the submissions of the learned advocate. In view of the discussions made above leave petition is accordingly dismissed. Ed. ......lia, that respondent No. 2-4 entered into an agreement for sale of their land and building with the present petitioner on 25.5.2000 for a consideration of TK. 2,50,00000/- and already an amount of Tk. 8,00,000/- was paid as advance to respondent Nos. 2-4 and that he also de......such view of the Matter we do not find any substance in the submissions of the learned advocate. In view of the discussions made above leave petition is accordingly dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
M/S Ashraf Vs. Md. Zahangir Alam & ors, 2005, 34 CLC (AD)
....nted earlier in Civil Petition No.223 of 2005 be extended for further 6 (six) months from date. The petitioners are directed to make the appeals ready for expeditious hearing. Ed. ......nted earlier in Civil Petition No.223 of 2005 be extended for further 6 (six) months from date. The petitioners are directed to make the appeals ready for expeditious hearing. Ed. ......bsp; receiving approval the respondent No. 2 The Executive Engineer, Sylhet P.W.D. Division asked the writ petitioner in 5 separate letters dated 18.03.2004 to deposit in part the bid money in respect of 5 items and the writ petitioner accordingly deposited the bid money and that th..Category: Civil Law | Date: | Hits: 97
GM, Rangpur Palli Bidyut Samity Vs. Md. Ali Reza, 2006, 35 CLC (AD)
....a correct decision. There is no cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 600, 12 BLC (AD) 7. ......he was promoted to the post of Line Technician and had been discharging his official duty. For performing some right of way work he submitted a bill in the office of the Pally Bidyut Samity-1, for an amount of Taka 3,000 which he received from the office as an advance for the said work but the Assis......a correct decision. There is no cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 600, 12 BLC (AD) 7. ..Category: Employment/Service Law | Date: | Hits: 181
Kazi Md. Abdul Kuddus and another Vs. Kaimon Bewa and Others, 2006, 35 CLC (AD)
....rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ...... would never be evicted from the premises in suit i.e. two shops, that Hazi Mir Baksha Miah on receiving Taka 840 as advance made construction as desired by the defendants and that the said advance amount was adjusted against the rent in 1358 and that thereafter Mir Baksha Miah received further a......rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 46
Maleka Khatun and others Vs. Amena Khatun and others, 2007, 36 CLC (AD)
....the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ......the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ......neous Case was dismissed on August 2, 1958 being barred by limitation. 4. The defendant No.1 contested the suit. His case is that he purchased the entire land of CS plot No. 366 with his own money in his name and in the benami of his 3 minor brothers, that his brothers had never owned and..Category: Property Law | Date: | Hits: 44
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ......d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ......ith some others and that thereafter on one occasion Mehdhi took a loan of Taka 500 from the witness and the witness in the first week of October had been to the aforesaid house at Mridha Bari for the money and found Mehdhi along with some other persons coming to the house at about 10-00/10-30 PM and..Category: Criminal Law | Date: | Hits: 213
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
....rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ...... from their store but then pursuant to the request of the port authority, who also assured the respondent No.1 that after getting the approval from the Ministry they will pay the bills for the excess amount to be spent for purchasing the materials from the market at higher rate, the respondent No.1 ......rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ..Category: Civil Law | Date: | Hits: 109
Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)
....well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ...... and in two instalments deposited Taka 6 crore in their account maintained with the plaintiff bank and that thereafter the plaintiff bank made repeated demands but on various pretexts the outstanding amounts of the bank have not been paid and the plaintiff bank also made correspondence with the resp......eated demands but on various pretexts the outstanding amounts of the bank have not been paid and the plaintiff bank also made correspondence with the respondent No.3, Ministry of Finance claiming the money but the plaintiff-respondent did not receive any money. The defendant-petitioner, from time to..Category: Business or Commercial Law | Date: | Hits: 135
NBR, Government of Bangladesh and anr Vs. M/S. Bata Shoe Company (BD) Ltd., 1990, 19 CLC (AD)
....dent, M/s. Bata Shoe Company (Bangladesh) Limited, manufactures different types and categories of footwear in its factory at Tongi and sells its products through its shops, agents and depots in the whole of Bangladesh. The company purchases several categories of footwear manufactured locally by ......re" has been defined widely in the Excise and Salt Act, 1944 to exclude fraudulent attempt at evasion of excise duty by big and mechanised companies; that the respondent company evaded a very large amount of excise duty over the last few years by selling its shoes and passing them off as the produ......st Secretary (Excise-2), National Board of Revenue. In the result, the appeal is dismissed, but there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 195. ..Category: Fiscal/Taxation Law | Date: | Hits: 114
Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)
.... gets an advantage or benefit corresponding to the burden with which the owner of the property is saddled, even though it does not amount to an actual interest in the properly sold. The crux of the whole thing is that the benefit as well as the burden of the right of pre-emption run with the land ...... a co-sharer in the land or owns lands in the vicinity consequently gets an advantage or benefit corresponding to the burden with which the owner of the property is saddled, even though it does not amount to an actual interest in the properly sold. The crux of the whole thing is that the benefit a......vision cannot be legally sustained. In the result, therefore, the appeal is allowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ..Category: Property Law | Date: | Hits: 47
Nurul Huq Khan Vs. GM, Sonali Bank, Head Office, Dhaka, Bangladesh and others, 1989, 18 CLC (AD)
....0 and 42 of the Service Rules that the initiation of the proceeding against the petitioner (plaintiff) not having been done by the Central Board of Directors as required under the said rules, the whole proceeding was vitiated and this aspect of the matter was ignored by the learned Judge of the ...... Result: The petition is dismissed. The Sonali Bank (Staff) Service Rules 40 & 42 Disciplinary proceeding The decision of the Board of Directors to remove the petitioner from service amounts to giving approval to the entire- proceeding from the beginning to the end. So, any deficien......Rajshahi Medical College Branch he was placed under suspension on 2.11.77 by the order of the regional office on the allegation of his involvement in fraudulent activities and defalcation of bank money while he was posted at Sirajganj branch as a Ledger Clerk during 1970-71, that there was a dep..Category: Employment/Service Law | Date: | Hits: 98
Collector of Customs, Custom House, Chittagong and others Vs. A. Hannan, 1990, 19 CLC (AD)
....inks fit to impose, may, by notification in the official Gazette, exempt any goods imported into, or exported from, Bangladesh or into or from any specified port or station area therein, from the whole or any part of the customs duties chargeable thereon." 11. Plain reading of section 19 sh......t that the alternative remedy was not followed is not tenable because the alternative remedy given under section 194 is not an equally efficacious remedy because it stipulated deposit of 50% of the amount of penalty of the duty demanded. As such it cannot be efficacious alternative remedy. Relianc...... the matter the opinion is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ..Category: Fiscal/Taxation Law | Date: | Hits: 153
Commissioner of Taxes, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)
....nment) may, by notification in the (official Gazette), make an exemption, reduction in rate or other modification, in respect of income tax in favour of any class of income, or in regard to the whole or any part of the income of any class of persons." 16. In this view of the matter the......anning Commission; and (v) Members of the Law Committee. 2. In computing the total income, any sum exempted from tax under paragraph "(1) shall be included and the tax payable shall be an amount nearing to the total amount of the tax which would have been payable on the total income, h......ed and the decisions of the courts below are affirmed though not necessary on the same reasonings. There is no order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ..Category: Fiscal/Taxation Law | Date: | Hits: 111
Moslehuddin (Md) Vs. State, 1990, 19 CLC (AD)
....de. Let the appeal be heard afresh and disposed of by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ......e appellant was falsely implicated in the case because of his trade union activities, that he was made a scapegoat by the Bank officials in order to avoid their own misdeeds in misappropriating the amount and that the appellant was falsely identified in the dock by P.W 6, Tofazzal Hossain of T......de. Let the appeal be heard afresh and disposed of by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ..Category: Criminal Law | Date: | Hits: 52
Anwar Hossain Bhuiyan Vs. Shaikh Moslem Ali, 1990, 19 CLC (AD)
....t to this direction the appeal is disposed of and the impugned order of the High Court Division is modified accordingly. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 158. ......ent Judgment January 7,1990. Result: The impugned order of the High Court Division is modifie. The Code of Civil Procedure, 1908 (V of 1908), Order XLI, rule 5 Out of the decretal amount Tk. One lac is to be paid to the respondent within two months and the respondent shall furnis......cretal amount Tk. One lac is to be paid to the respondent within two months and the respondent shall furnish security to refund of the amount whenever required and in such manner the execution of the money decree be stayed and the order of the high court division be modified………………(4) ..Category: Civil Law | Date: | Hits: 117
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