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Arun Bhowmick & others Vs. Salim Reza & others, 1987, 16 CLC (HCD)
....itioner's case, in short, is that one Gopal Chandra Bhowmick instituted Title suit No. 83 of 1984 in the 3rd Court of Munsif, Comilla against one Suruj Miah, the predecessor-in-interest of opposite party No. 1-15 and others for declaration of right, title and interest of the plaintiff in the suit ......rder dated 13.9.84 passed by the learned Munsif is hereby restored. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 199. ......rder dated 13.9.84 passed by the learned Munsif is hereby restored. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 199. ..Category: Procedural Law | Date: | Hits: 95
....t:
Amin-Ur-Rahman Khan J
Syed Fazle Ahmed J
Mrs. Tahera Islam.................Petitioner
Vs.
The Secretary, Ministry of Home Affairs, Govt. of Bangladesh and others............Opposite parties
Judgment
October 27, 1987.
Cases Referred to-
38 DLR (AD) 70; BLD 1986(AD) 49; ......ention were served on 9.3.87. According to the detention order the detention was made in the interest of public safety but according to the grounds served, the detention was made on the ground of non-payment of the loan dues and not at all on the ground of interest of public safety. Besides that m......e businessman and Managing Director of Shibra Industries Ltd. Sylhet. With a view to set up a Fruit Processing and Canning Industries at an estimated cost of Taka 54 lacs he applied for sanction of loan to Bangladesh Shilpa Bank. The said bank sanctioned Foreign currency equivalent to Taka 10 lacs..
Category: Banking Law | Date: | Hits: 151
Ratan Kha @ Rattan & Others Vs. State, 1988, 17 CLC (HCD)
.....I. parade. They did not name the alleged dacoits at the trial. They did not identify the said accused persons in the dock. They did not say that the accused persons identified in the T.I parade took part in the dacoity in their house. Mr. Malek further submits that no doubt P.W, 8 Syed Ahmed stated......de is affirmed, but they are acquitted of the charge under section 397 of the Penal Code. Send down the records immediately. Ed. This Case is also Reported in: 40 DLR (1988) 186. ......de is affirmed, but they are acquitted of the charge under section 397 of the Penal Code. Send down the records immediately. Ed. This Case is also Reported in: 40 DLR (1988) 186. ..Category: Criminal Law | Date: | Hits: 49
Ezahar Sepai Vs. The State, 1987, 16 CLC (HCD)
.... blood stained grass, broken piece of baitha 24" in length and a three cubit long bamboo lathi which are marked as Exts. 1.2. and 3 respectively. He said in his cross-examination that on the southern part, of dag No. 230 of mouza 263 was the real place of occurrence which was a ditch. He stated that......e result, the appeal is dismissed. The appellant is directed to surrender to the bail bond to serve out the remainder of the sentence. Ed. This Case is also Reported in: 40 DLR (1988) 177. ......e result, the appeal is dismissed. The appellant is directed to surrender to the bail bond to serve out the remainder of the sentence. Ed. This Case is also Reported in: 40 DLR (1988) 177. ..Category: Criminal Law | Date: | Hits: 93
Harun-or-Rashid Talukder Vs. District Manager, Pubali Bank, Jamalpur, 1988, 17 CLC (HCD)
.... P.W.2. The appellant examined himself as D.W.1 and he also adduced 2 other witnesses, D.Ws. 2 and 3. All the witnesses were cross-examined by the other side. Several documents were exhibited by both parties. 4. The said Tribunal discussing the entire case and evidence on record by its judgment a......ver to reduce the sentence. In the result the appeal is dismissed but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 170. ......who was the Manager of Pubali Bank, Main Branch, Jamalpur, the appellant filed in the 4th Court of Subordinate Judge, Mymenshingh, Money Suit No. 3A/79 against one Kafiluddin Islami for recovery of a loan of Tk. 50,000/- which was obtained by Kafiluddin in 1975. The appellant obtained on 22.6.79 a..Category: Others | Date: | Hits: 72
.... ultimately he refused to execute the sale deed.
3. The summons of the suit was served upon the defendant, but he did not turn up and ultimately the learned Assistant judge took up the suit for ex parte hearing on 15th May, 2000. The learned Assistant Judge recorded the evidence of the plaintiff ......he defendant did not challenge the execution of the deed of contract for sale by filing written statement, and since the plaintiff's evidence in support of the execution of the contract for sale, the payment of the advance money and the offer of the balance consideration money remain uncontroverted,......d any failure of justice. We find no merit in the contention of the learned Advocate-on-Record. The petition is, therefore, dismissed.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 421.
..
Category: Procedural Law | Date: | Hits: 68
Banesa Bibi Vs. The Senior Vice-President and others, 2009, 38 CLC (AD)
....olation of the terms of the loan inasmuch as the loan refund period was extended for 10 years payable in monthly installments effective from July 2003. 3. The High Court Division after hearing the parties discharged the Rule issued, considering the provisions of section 12(8) of the Artha Rin Ada......enjoyed a loan facility from Al Arafah Islami Bank Ltd. securing the said loan mortgaging the property described hereinabove being owner thereof as far back in December, 2002 but she failed to make repayment of installments in terms of the loan and as per section 12 of the Artha Rin Adalat Ain, 2003......-Arafah Islami Bank Limited, as appointed attorney of Mrs. Banesa Bibi, the owner-mortgagor of the property in favour of Jabiullah Siddique, the auction purchaser. The aforesaid Banesa Bibi enjoyed a loan facility from Al Arafah Islami Bank Ltd. securing the said loan mortgaging the property describ..Category: Civil Law | Date: | Hits: 81
Azimul Kabir (Md) Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....ectable Muslim family. He is an established businessman. He is connected with many educational and social organisations in Chittagong and Dhaka. He is the Joint Secretary of main opposition political party, i.e. BNP, Dhaka City Executive Committee. 3. On 3-4-2001 while the detenu was coming from ......officials to take proper and adequate care and caution to ascertain that there are materials justifying the passing of an order of detention. Ed. This Case is also Reported in: 54 DLR (2002) 189.......officials to take proper and adequate care and caution to ascertain that there are materials justifying the passing of an order of detention. Ed. This Case is also Reported in: 54 DLR (2002) 189...Category: Criminal Law | Date: | Hits: 45
SM Nasirul Haque Vs. Omar Faruque Chowdhury and others, 2001, 30 CLC (HCD)
..... 28 of 1992 which disallowed the prayer for preemption. 2. The preemptor made an application under section 24 of the Non-Agricultural Tenancy Act, 1949, in brief, the Act against the opposite parties for preemption of the transfer of 0.0907 acre of land SA plot No.54 appertaining to SA Khati......2 including the transferred land was recorded in separate SA plot No. 54 appertaining to SA Khatian No.48/1. The opposite party No.2, vendor and others exclusively possessed their respective lands on payment of rents since the record of rights was finally published in 1964. Similarly, all other owne......are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ..Category: Property Law | Date: | Hits: 39
State Vs. Kabel Molla and others, 2002, 31 CLC (HCD)
....lla's house, in Laxmikot mouza, all the condemned prisoners suddenly attacked Shamsu Sikder and indiscriminately assaulted him by wooden piece, iron rod, etc and caused grievous injuries in different parts of his body. On hearing hue and cry of Shamsu Sikder the informant went to the place of occurr......f this judgment be forwarded to the learned Additional. Sessions Judge, First Court, Tangail for taking necessary action according to law. Ed. This Case is also Reported in: 55 DLR (2003) 108. ......f this judgment be forwarded to the learned Additional. Sessions Judge, First Court, Tangail for taking necessary action according to law. Ed. This Case is also Reported in: 55 DLR (2003) 108. ..Category: Criminal Law | Date: | Hits: 36
Sufia Islam Shila and another Vs. Shakhawat Hossain and others, 2001, 30 CLC (HCD)
....Moinul Islam, Advocate—For the Opposite Party Nos. 1 and 2. Civil Revision No. 1597 of 1999. Judgment Md. Abdus Salam J.- In this Civil Revision a Rule was issued calling upon the Opposite party Nos. 1 and 2 to show cause as to why the impugned order No.28 dated 16-3-1999 passed by Mr Azi......ssioner within 3 months and to conclude the trial preferably within another 6 months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 178. ......ssioner within 3 months and to conclude the trial preferably within another 6 months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 178. ..Category: Property Law | Date: | Hits: 28
....order of the Deputy Commissioner of Taxes with the observation that the assessee did not create any trust as envisaged under section 4(3)(i) of the Act, 1922 nor did the assessee invest the said set apart fund in Government security or in any other security within the meaning of clause (a)(i)(ii) of......of the people of Bangladesh through assistance to small and cottage industries and to groups or individuals promoting them on a strictly non-profit basis.
(xv) To borrow or raise or secure the payment of money in such manner as the society shall determine from time to time and generally to bo......ance to small industrial entrepreneurs to generate employment opportunities on self sustainable basis. The society receive funds from USAID, the Asia Foundation, Ford Foundation, SDC, etc and extends loan to small industrial entrepreneurs for industrial growth on a nominal service charge on the loan..
Category: Fiscal/Taxation Law | Date: | Hits: 65
....al Jurisdiction)
Present:
Md. Fazlul Haque J
NK Chakravartty J
Rajdhani Unnayan Kartripakkha (RAJUK)...... Petitioner
Vs.
MN Alam and Associates Ltd. and another………..Opposite parties
Judgment
November 18, 2001.
Cases Referred to-
Overseas Cotton Co. vs SM Fazai......its Uttara East Development Project which was subsequently increased to 5000 acres and then finally 8555 acres. Agreement could not be signed due to disagreement between the parties about the rate of payment. Opposite party No. 1 worked on 7500 acres but billed for a higher quantum. The opposite par...... and order of the trial Court are affirmed. We direct that the parties will bear their own costs.
Send down the LCR, if any, immediately.
Ed.
This Case is also Reported in: 54 DLR (2002) 161...
Category: Alternative Dispute Resolution | Date: | Hits: 196
Barrister Ziaur Rahman Khan Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....r her advice and suggestions, the functions of the Thana Parishad. 9. It is further stated that Annexures-A and C are issued by the Ministry of Disaster Management and Relief. They are issued by a particular Ministry for a particular purpose i.e. for disaster management. As such they are not bind......l call such meetings to meet the contingencies and the meetings thus called will take decisions as per clause (4) of Annexure ‘C’. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 164. ......l call such meetings to meet the contingencies and the meetings thus called will take decisions as per clause (4) of Annexure ‘C’. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 164. ..Category: Administrative Law | Date: | Hits: 462
Ahsan Karim Jinnah Vs. Meghna Insurance Company Limited & others, 1999, 28 CLC (HCD)
....-98 did not contain any agenda with regard to the transfer of the said 10,000 shares of the petitioner and, as such, it was quite evident that the purported transfer was a fraudulent manoeuvre on the part of the respondent Nos. 2 to 6 in connivance with the Chairman and Secretary of the Company. Res......shares in favour of the respondent Nos. 2 to 7 was valid. With regard to affixing of requisite stamps on the instrument of transfer, which is admittedly not done the learned Advocate submits that non-payment such stamp duty at the relevant time of transfer could not render the transfer invalid as th...... by rectifying its register of members. In view of the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 160. ..Category: Company Law | Date: | Hits: 203
Bangladesh Supreme Court Bar Association Vs. Shah Azizur Rahman, MP, 1999, 28 CLC (HCD)
....by the person or organisation concerned to the news paper concerned. Had Daily Dinkal published the rejoinder alleged to have been sent by the petitioner then there would have been no occasion on the part of the petitioner to file the petition and to issue Rule against the contemner. 5. Contemner......em and would not be spared and the law would take its own course. In the result, the Rule is disposed of with the above observation. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 159.......em and would not be spared and the law would take its own course. In the result, the Rule is disposed of with the above observation. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 159...Category: Criminal Law | Date: | Hits: 120
Alamgir (Md) Vs. Habea Begum, 1999, 28 CLC (HCD)
....ge and Family Court, Kutubdia Sadar in Family Suit No.3 of 1994 rescheduling payment of the decretal dues by instalments. 2. Short facts relevant for the purpose of the case are that, the opposite party as plaintiff instituted a suit in the Court of the Assistant Judge and Family Court, Kutubdia,......in Miscellaneous Appeal No.6 of 1999 dismissing the appeal and affirming the order dated 5-2-98 passed by the Assistant Judge and Family Court, Kutubdia Sadar in Family Suit No.3 of 1994 rescheduling payment of the decretal dues by instalments. 2. Short facts relevant for the purpose of the case ......he impugned order dated 29-6-98 passed by the learned District Judge, Cox’s Bazar in Miscellaneous Appeal No.6 of 1998 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 157. ..Category: Family Law | Date: | Hits: 155
M Tariqullah Sikder Vs. Sonali Bank, 2005, 34 CLC (HCD)
....4/2001 in the Court of Joint District Judge, and Artha Rin Adalat No. 1 Dhaka against M Tariqullah Sikder as defendant for realisation of loan money from him with interest. Said suit was decreed ex parte on 18-4-2002 by Artha Rin Adalat No. 1 as above. M Tariqullah as plaintiff filed separately TS......-4-2002 and 25-4-2002 passed by the court below are affirmed. Civil Rule No. 705(F)/2003 be accordingly, discharged. Copy be sent down. Ed. This Case is also Reported in: 59 DLR (2007) 695. ......stated that Sonali Bank as plaintiff filed Civil Suit No. 254/2001 in the Court of Joint District Judge, and Artha Rin Adalat No. 1 Dhaka against M Tariqullah Sikder as defendant for realisation of loan money from him with interest. Said suit was decreed ex parte on 18-4-2002 by Artha Rin Adalat N..Category: Civil Law | Date: | Hits: 92
....ed Memo. (Annexure-D) asking the petitioner to pay the said bills by 29-8-1996 threatening with disconnection of supply of electricity. Mr Haq further submits that had there been any endeavour on the part of the petitioner to tamper with the meter as alleged the respondents had ample opportunity eve...... has been paying its electricity bills submitted by the respondent No. 2 regularly but surprisingly, the respondent No. 2 issued bills dated 30-7-1996 and 1-8-1996 directing the petitioner for making payment of the supplementary electricity bills by way of penalty for an amount of Taka 12,19,191 whi......and are of no legal effect.
The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 59 DLR (2007) 690...
Category: Others | Date: | Hits: 131
Abdur Rahman Vs. State, represented by Deputy Commissioner, 2006, 35 CLC (HCD)
.... Judgment AFM Abdur Rahman J.- The accused petitioner, Abdur Rahman, obtained this Rule on 4-2-2001, under section 561A of the Code of Criminal Procedure, calling upon the informant opposite party No. 1 Shankar Sen Gupta and the Deputy Commissioner, Chittagong, to show cause as to the legal......nding before the Metropolitan Magistrate, Chittagong, is hereby quashed. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 683. ......nding before the Metropolitan Magistrate, Chittagong, is hereby quashed. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 683. ..Category: Criminal Law | Date: | Hits: 43
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