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Titas Gas Transmission and Distribution Co. Ltd. Vs. Shams Company and others, 2001, 30 CLC (HCD)
....ch are sections 14, 17, 21 and 39 of the Arbitration Act that read as under, 14. (1) When the arbitrators or umpire have made their award they shall sign it and shall give notice in writing to the parties of the making and signing thereof…………………………… (2) The arbitrators or......unity of hearing to both parties and as soon as within six months, from the date of receipt of the records. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 128.......unity of hearing to both parties and as soon as within six months, from the date of receipt of the records. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 128...Category: Property Law | Date: | Hits: 31
Eastern Hardware Store Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....ellate Additional Commissioner of Taxes the applicant preferred Income Tax Appeal No. 1299 of 1992-93 before the Taxes Appellate Tribunal Bench-1 Dhaka and the Appellate Tribunal after hearing of the parties dismissed the appeal and maintained the order passed by the Appellate Additional Commissione......to maintain the estimate of sales made by the Appellate Additional Commissioner? (2) Whether in the facts and on the circumstances of the case the applicant was entitled to exemption on account of payment of Life Insurance premium and purchase of Savings Certificates under sub-section (2) of sect......n favour of the applicant. Accordingly, the questions raised in the reference are answered as above. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 125. ..Category: Fiscal/Taxation Law | Date: | Hits: 65
Md. Jamal Uddin Vs. Dr. ABM Morshed Alam, 2010, 39 CLC (AD)
....r books is dispensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 1016. ......r books is dispensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 1016. ......cts involved in the case, in short, are that the accused, Jamal Uddin for his business purpose on 14.08.2002 took TK. 5,00,000.00(five lacs) from the complainant, Dr. A.B.M. Morshed Alam Chowdhury as loan at his house but the accused did not re-pay the said money to him in time; as a result, he requ..Category: Criminal Law | Date: | Hits: 39
Mrs. Rokeya Begum Vs. Chartered Credit and Co-operative Limited, 2010, 39 CLC (AD)
....ember of the said society and she obtained loan of TK. 23,00,000.00 with a condition to pay the said loan within 90 days but failed to pay in time although same amount was paid; that the accused paid part of money by cheque dated 15.02.2006 from saving account of Rupali Bank No.902209 of amount of T......dated 02.06.2009 passed by the High Court Division in Criminal Miscellaneous Case No.1709 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 1011. ......e case, in short, are that the complainant is an organization registered under the Co-operative Societies Ordinance, 1984 and the accused petitioner is the member of the said society and she obtained loan of TK. 23,00,000.00 with a condition to pay the said loan within 90 days but failed to pay in t..Category: Criminal Law | Date: | Hits: 45
Md. Abul Kasem Vs. Government of Bangladesh, 2010, 39 CLC (AD)
....ord arrived at a correct decision. We, therefore, find no merit in the contention of the learned Advocate-on-Record. The petition is accordingly dismissed. Ed. This Case is also Reported in: ......sons, which was originally recorded in C.S. Khatian No. 60. The predecessor of the plaintiff Nos. 1-7 took settlement of the suit land by executing two registered Kabuliyats dated 7th August, 1946 on payment of rent and since then the plaintiffs have peacefully possessed the suit land by inheritance......ord arrived at a correct decision. We, therefore, find no merit in the contention of the learned Advocate-on-Record. The petition is accordingly dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 27
Md. Abdul Khaleque and another Vs. Manik Chandra Sheel and others, 2010, 39 CLC (AD)
....t No.2 in fact did not receive any money and that she did not aware as to the transfer at all and it was done by Niranjon in collusion with the defendant No.2 are in ejmali and that there has been no partition by metes and bounds and that the defendant No.2 has been living at her own house jointly w......te husband transferred the land by way of a registered sale deed to this defendant, who purchased the same at a highest price of TK.1,50,000.00. Before that a bainapatra was executed on 10.09.1994 on payment of TK. 50,000.00 to the defendant No.2 and thereafter, this defendant paid TK. 1,00,000.00 t......of the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is Reported in: 16 MLR (AD) 2011, 16. ..Category: Property Law | Date: | Hits: 29
Yunus Mia (Md) and others Vs. Bangladesh Krishi Bank & ors, 2001, 30 CLC (HCD)
.... Revisional Jurisdiction) Present: Md. Abdur Rashid J Hasan Foez Siddique J Yunus Mia (Md) and others……….Petitioners. Vs. Bangladesh Krishi Bank & ors .………Opposite parties. Judgment November 8, 2001. Lawyers Involved: Mujibur Rahman, Advocate—For th...... is hereby re-called and vacated. The executing Court is directed to proceed with the execution as usual in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 123.......s for disposal of the Rule are that opposite party No.1, Bangladesh Krishi Bank as plaintiff instituted Title Suit No. 1 of 1995 (mortgage) against opposite party Nos. 2 to 9 for recovery of the bank loan. The suit was decreed on 27-1-96 in the preliminary form, and then, on 23-7-96 said decree was ..Category: Property Law | Date: | Hits: 27
Mokbul Hossain Vs. Government of Bangladesh & ors., 2002, 31 CLC (HCD)
.... supplementary affidavit-in-opposition and has argued that this detenu was involved in the case of murder of a student leader named Sajal belonging to Chatradal and as the detenu was MP of the ruling party at the relevant time, he managed a final report tin that case by exerting pressure upon the po......illegally and as such we find no substance in the Rule and the same liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 118. ......illegally and as such we find no substance in the Rule and the same liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 118. ..Category: Criminal Law | Date: | Hits: 34
Mokim alias Md. Mokim Vs. State, 2002, 31 CLC (HCD)
....evidence of PW 2 and proved the occurrence. PW 5 is the witness of occurrence. As regards the evidence of PWs 4, 5, 6 and 7 the learned Assistant Attorney-General submits that if it is found that a part of the evidence is false or unbelievable the other part of the evidence cannot be disbelieved. ....... Let the appellant be set at liberty forthwith if not wanted in connection with any other case. Send down the case record expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 81. ....... Let the appellant be set at liberty forthwith if not wanted in connection with any other case. Send down the case record expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 81. ..Category: Criminal Law | Date: | Hits: 38
Ambia Khatun Vs. Bangladesh and others, 2009, 38 CLC (AD)
....of 1972. Furthermore, the LTI is quite different from the alleged LTI of Zakia Khatoon inasmuch as said Zakia Khatoon had no existence and her name was never mutated with the Housing and Settlement Department. It was found by the Court of Settlement on consideration of the alleged transfer deed and ...... property at Taka 8,000. Thus, either kabala is false or the said Form 'A1 is false. 21.The Court of Settlement further proceeded to hold that P.W.1 Rahman Jahangir produced papers relating to payment of taxes to Dhaka Municipality in Exhibit 12 series; this document do not relate to the case......ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 200. ..Category: Property Law | Date: | Hits: 30
Badarnessa and others Vs. Mafuza Khatun and others, 2009, 38 CLC (AD)
....peal Nos.175 and 192 of 1969 disposing of by single judgment and restoring those dated 22-7-1969 of the Subordinate Judge, First Court, Comilla in Partition Suit No.15 of 1968 decreeing the suit-in-part. 2. The fates involved in the case, in short, are that Idris Mia, predecessor of the appella......ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 195.......ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 195...Category: Property Law | Date: | Hits: 29
Matasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (HCD)
..... Portrayal of essential facts forming background of Civil Revision petition may be looked into which are as follows: 7. Petitioner of Civil Revision petition as plaintiff impleading sole opposite party as sole defendant laid a suit being Title Suit No. 326 of 1982 for declaration of title and re......ule stands discharged. Order of stay recorded by this Court at the time of issuance of Rule dated 5-11-2000 stands vacated. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 104. ......ule stands discharged. Order of stay recorded by this Court at the time of issuance of Rule dated 5-11-2000 stands vacated. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 104. ..Category: Administrative Law | Date: | Hits: 236
Ratan Chandra Karmaker. Vs. Afsar Ali, 1987, 16 CLC (HCD)
....ffirming the judgment and order of learned Munsif Sadar, Rajshahi in Miscellaneous Case No.59 of 1979 under Order 9, rule 13 of Code of Civil Procedure on 29.4.78. 2. Short facts are that opposite party No.1 brought a Partition Suit against the petitioner of this Revision case in the court of Mun......end down the records to the court of Munsif at an early date. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 147.......end down the records to the court of Munsif at an early date. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 147...Category: Procedural Law | Date: | Hits: 66
Aminul Huq & others Vs. State and another, 1987, 16 CLC (HCD)
....y Attorney-General -For the Opposite Parties. Criminal Revisional No. 72 of 1985. Judgment Mahmudul Amin Chowdhury J.- This Rule was issued upon the Deputy Commissioner of Feni and opposite part No.2 to show cause as to why the order dated 23.11.85 passed by Mr.Fazlul Huq, Additional Distr......hing to interfere with the impugned order. The Rule is, therefore, discharged. The stay order issued earlier on 28.11.85 is hereby vacated. Ed. This Case is also Reported in: 40 DLR (1988) 144. ......hing to interfere with the impugned order. The Rule is, therefore, discharged. The stay order issued earlier on 28.11.85 is hereby vacated. Ed. This Case is also Reported in: 40 DLR (1988) 144. ..Category: Criminal Law | Date: | Hits: 26
Ekramaul Hoq, alias Tuku and Ors. Vs. State, 1987, 16 CLC (HCD)
....ows the law and that it also knows that no body is above the law but subject to the law. This is the essence of law of a civilized society and a solemn declaration guaranteed by our Constitution as a part of the Rule of law. Hence any sub-constitutional enactment which would come into conflict, dire......n verbal information from lawyers. Send a copy of the judgment to the court below at an early date. D.M. Ansaruddin Ahmed J. - I agree. Ed This Case is also Reported in: 40 DLR (1988) 139.......n verbal information from lawyers. Send a copy of the judgment to the court below at an early date. D.M. Ansaruddin Ahmed J. - I agree. Ed This Case is also Reported in: 40 DLR (1988) 139...Category: Criminal Law | Date: | Hits: 30
Category: Administrative Law | Date: | Hits: 185
Md. Shahjahan Ali Vs. The Chairman, Labour Court, Rajshahi, 1987, 16 CLC (HCD)
....a, that the order of dismissal was an act of victimisation for trade union activities of the petitioner as the General Secretary of the Trade Union of that Mill, that the enquiry was not fair and impartial inasmuch as Mr. Forhan Daud who was appointed the Chairman of the Enquiry Committee was not ......e by the Labour Court it shall pass an order of reinstatement only. Section 19 empowers the employer to terminate his employee wherever he thinks it necessary in the interest of his industry but on payment of certain dues. Exercise of this power cannot be assailed as arbitrary because the empl...... For all these reasons we do not find any substance in this rule. The rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 132. ..Category: Labour and Industrial Law | Date: | Hits: 124
Nurul Islam & others Vs. State, 1986, 15 CLC (HCD)
....cked deceased Kanchan at a time armed with various deadly weapons like dagger, Gupti, Lathis etc. Accused Syed Mai, Kashem and Sadek Jamader inflicted fatal dagger injuries in the chest and other parts of the body of Kanchan. Accused Shahjahan dealt a blow with Gupti while cither accuseds beat h......m. It is directed that they should be set at liberty forthwith, if not wanted in any other connection. Sultan Hossain Khan J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 122. ......m. It is directed that they should be set at liberty forthwith, if not wanted in any other connection. Sultan Hossain Khan J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 122. ..Category: Criminal Law | Date: | Hits: 27
M.A. Hai and others Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (HCD)
....f the Corporation. Secondly, sub-rule (II) of Rule 7 of the Rules of 1984 has no manner of application in the facts and circumstances of each case. 6. Such being the bone of contention between the parties, relevant facts of each case may now be summarised as follows. 7. In Writ Petition No.83 ...... cases. In the result, all the Rules are discharged but without any order as to costs. Mohammad Ismail Uddin Sarker J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 109. ...... cases. In the result, all the Rules are discharged but without any order as to costs. Mohammad Ismail Uddin Sarker J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 109. ..Category: Employment/Service Law | Date: | Hits: 80
Sonali Bank Vs. Rana Oil Mill and ors., 1999, 28 CLC (HCD)
....ected against the judgment dated 31-1-1991 and decree dated 23-2-1991 passed by Mr. Abdur Razzak, Subordinate Judge, Artha Rin Adalat, Feni, in Artha Rin Money Suit No.1 of 1990 decreeing the suit in part for an amount of Taka 5,67,540.00. 2. The plaintiff, Sonali Bank, brought this suit for reco......riod of 7 years including 12 months grace period and the period of working capital loan was mentioned as 4.5 years including 6 months grace period. The sanction letter further contained the mode of repayment of capital finance by 12 (twelve) half yearly installments at the rate of Taka 97,314 each p......1 of 1990 decreeing the suit in part for an amount of Taka 5,67,540.00. 2. The plaintiff, Sonali Bank, brought this suit for recovery of Taka 22, 85,314.30 against the defendants for the amount of loan granted to them with interest accrued thereon as on 26-5-90 on the facts, in short, that, the d..Category: Civil Law | Date: | Hits: 85