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....he plaintiff relating to and/or in connection with the Award dated 22-10-92 given by them and/or relating to the alleged contracts on the basis of which the Award was given.
e. declaration that ex parte Award dated 22-10-92 given by the defendant No. 3 in favour of the defendant No. 1 is ex facie......l be entertained by the Court unless the applicant had deposited in the Court the amount which he is required to pay under the award or has furnished security to the satisfaction of the Court for the payment of such sum or for the fulfillment of any other obligation by him under the award.
Sectio......ng the suit in view of section 32 of the Act. The suit was for declaration that eight contracts/agreements executed were not ‘Hire purchase agreements but were agreements relating to transaction of loan and for injunction. The Supreme Court of India construed section 32 of the Act as hereunder,-
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Category: Civil Law | Date: | Hits: 101
Gazi Tayebur Rahman Vs. Saikh Md. Ali and others, 2002, 31 CLC (HCD)
....M Qumrul Haque Siddique, Advocate‑ For the Petitioner. Not represented‑ the Opposite Parties. Civil Revisional No. 2699 of 1996. Judgment Md. Abdur Razzaque J.- By this Rule opposite party Nos. 1 and 2 were called upon to show cause as to why the judgment and order dated 21‑4‑96......preferably within 3 months from the date of receipt of this order by the lower Court. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 29.......preferably within 3 months from the date of receipt of this order by the lower Court. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 29...Category: Property Law | Date: | Hits: 36
Osman Ali (Md) Vs. Md. Makbul Hossain and Others, 1999, 28 CLC (HCD)
....o hereinafter as the Act, against order dated 01-02-86 passed by the learned Munsif at Upazila Pirgachha, Rangpur allowing an application made under section 151 of the Code by the pre-emptor opposite party and restoring the Miscellaneous Case No. 31 of 1984 to its file and number on setting aside th......se of the case within 3 months from the return of service of notice for hearing upon the parties after the receipt of the case record. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 109. ......se of the case within 3 months from the return of service of notice for hearing upon the parties after the receipt of the case record. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 109. ..Category: Civil Law | Date: | Hits: 69
Habib (Md) and another Vs. State represented by the Deputy Commissioner, 1999, 28 CLC (HCD)
....s—For the Petitioners. Rafiqul Haque with M Nazrul Islam, Advocates—For the Opposite Party. Criminal Appeal No.1156 of 1999. Judgment Md. Hamidul Haque J. - By this Rule the opposite party was called upon to show cause as to why the proceedings of GR No. 929/98 now pending in the Co...... proceedings of GR Case No. 929 of 1998 so far it relates to the present petitioners Md. Habib and Ahmed Abdullah Lokman are quashed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 105. ......pany of Khatungonj was given credit facilities of Taka 12, 61, 00,000.00 from the above Branch of the Bank and Md Habib was the guarantor. The above firm imported Dano Full Cream Powder Milk with the loan granted by the Bank. On the basis of agreement dated 01-06-96, 29,200.00 cartons of Dano powder..Category: Criminal Law | Date: | Hits: 39
Kalur Hat KC Bilateral School Vs. Sabbir Hossain Chowdhury & others, 1999, 28 CLC (HCD)
....ed Subordinate Judge, 2nd Court, Panchagarh, in Other Class Suit No. 7 of 1996 and allowing the appeal and setting aside the order dated 2-2-97 and upholding the order dated 1-10-96 and directing the parties to maintain status quo in respect of the suit lands. 2. The present petitioner being plai......parties. The learned Advocate further submits that the plaintiff-school submitted a large number of documents such as sale certificate, copy of the writ of delivery of possession, several receipts of payment of rents and the return under President’s Order 98 of 1972 as to the ownership of the suit......er as to costs and the impugned order of the learned District Judge is set aside and that of the learned Subordinate Judge is restored. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 102...Category: Property Law | Date: | Hits: 21
Shahjahan Ali Khan (Md) and others Vs. Bangladesh, 1999, 28 CLC (HCD)
....ion of Article 116A of the Constitution. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 99. ......e upon adding proviso in sections 31 and 34 of the Ordinance since the Arbitrator and the Tribunal have been deprived of the right to act independently and in a free mind in the matter of question of payment of adequate compensation in respect of acquired land. As it is seen from the amendment that ......ion of Article 116A of the Constitution. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 99. ..Category: Alternative Dispute Resolution | Date: | Hits: 191
Saroj Kanta Sarker Vs. Seraj‑ud‑Dowla & ors., 2003, 32 CLC (HCD)
....essary deeds of sale in favour of the plaintiff and defendant No. 3 or their nominated persons. 6. It was also agreed that the time limit mentioned in the contracts was cancelled by consent of the parties. 7. Pursuant to said understanding, on the date of the agreement and subsequently, by sig......t be proved. 21. He submitted that the trial Court fell in error in relying upon the endorsement/ acknowledgment alleged to have been made by defendant No. 1 on the back of the agreement receiving payments of money oil different dates without noticing that there is no Mention Of Such endorsement ......he appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 39. ..Category: Civil Law | Date: | Hits: 78
Shahidul Islam (Md) alias HM Shahid Vs. State, 2003, 32 CLC (HCD)
.... beyond reasonable doubt." 18. The evidence as adduced by both the prosecution and the defence is enough to show that the victim girl PW 2 willingly went with the accused appellant as a consenting party and that is why there was no hue and cry, no resistance put up by the victim girl, and the pro......used appellant Md. Shahidul Islam alias HM Shahid, son of Md. Afseruddin Howlader be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 35.......used appellant Md. Shahidul Islam alias HM Shahid, son of Md. Afseruddin Howlader be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 35...Category: Criminal Law | Date: | Hits: 43
Abdul Kader Mirza and another Vs. Bangladesh, 2003, 32 CLC (HCD)
.... from the First Court of Additional Sessions Judge, Noakhali to Druta Bichar Tribunal, Chittagong. 2. In Writ Petition No. 6047 of 2003 the petitioner challenged the vires of the aforesaid law, in particular sections 5 and 6 thereof, and also challenging the aforesaid SRO transferring Double Moor......he Writ Petition No. 5951 of 2003 is disposed of with the direction as given above and Writ Petition No. 6047 of 20031 is rejected summarily. Ed. This Case is also Reported in:56 DLR (2004) 31. ......he Writ Petition No. 5951 of 2003 is disposed of with the direction as given above and Writ Petition No. 6047 of 20031 is rejected summarily. Ed. This Case is also Reported in:56 DLR (2004) 31. ..Category: Criminal Law | Date: | Hits: 50
National Bank Ltd. and others Vs. Habib Bank Ltd. and others, 2002, 31 CLC (HCD)
....he order of Habib Bank. This witness categorically stated that by negotiation he meant receiving the documents, scrutinising the same, finding them in conformity with the LC, paying the amount to the parties and reimbursement. He could not say how they paid the party, that he did not remember the da......n Express International Banking Corporation, New York (AMEX for short). The Habib Bank, Dubai Branch, also informed the NBL, Khulna Branch, by its telex dated 20‑3‑1986 about their such demand of payment from AMEX, New York. In the meantime, the plaintiff of TS No. 56 of 1987 came to learn from ...... dismissed. In the circumstances, there shall be no order of costs in any of the appeals. Send down the lower Court records forthwith. Ed. This Case is also Reported in: 56 DLR (2004) 15. ..Category: Business or Commercial Law | Date: | Hits: 202
Shahinur Alam @ Shahin Vs. State, 2003, 32 CLC (HCD)
....of a case that the Court can have resort to section 540. The Court cannot use these powers to advance the cause of the prosecution or that of the defence and whenever it passes an order that puts one part in a position of advantage vis‑a‑vis the other, it commits an error of law to be struck dow...... merit. Communicate the order at once to the Nari‑o-Shishu Nirjatan Daman Tribunal, Rangpur for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 10. ...... merit. Communicate the order at once to the Nari‑o-Shishu Nirjatan Daman Tribunal, Rangpur for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 10. ..Category: Criminal Law | Date: | Hits: 37
Didarul Kabir (Md) Vs. Commissioner of Customs and others, 2001, 30 CLC (HCD)
....y of the Rule the petitioner No.1 sold the said vessel to subsequently been added in this Rule at his instance as co‑petitioner No. 2. 3. The short fact of the case is that, the petitioner No. 1 participated in an international tender for auction sale of vessel MV Alexandra. The said tender was......nd thereafter the Registrar of the High Court Division by a letter dated 11‑3‑98 asked the petitioner No.1 to comply with all the formalities, terms and conditions of the auction sale and to make payment of tax, etc and port dues against vessel MV Alexandra. After the confirmation of the auction......ischarged however without any order as to cost. The respondents are at liberty to realise the balance dues by encashing the Bank Guarantee. Ed. This Case is also Reported in: 55 DLR (2003) 11...Category: Fiscal/Taxation Law | Date: | Hits: 77
Nannu Mia @ Habibur Rahman Vs. State, 2002, 31 CLC (HCD)
....ia @ Habibur Rahman. 4. The case record was then sent to the Special Tribunal No. 1, Narshingdi, wherein the same was registered as Special Tribunal Case No. 40 of 1998. Thereafter, on hearing the parties charge was framed against the accused-appellant under section 25B of the Special Powers Act.......nt law; section 25B of the Special Powers Act; Penalty for smuggling: "(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...... the charge thereunder. The appellant be set at liberty, if not wanted in any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 7. ..Category: Criminal Law | Date: | Hits: 43
Osiar Rahman Vs. Dharus Sunnah Islamia Madrasha, 1996, 25 CLC (HCD)
....ure. 2. The Court of first instance, which was affirmed by the court of appeal below, dismissed the suit on the finding that the same was barred by res judicata in that plaintiff as against the ex parte decree obtained by the defendant No. 1, herein opposite party, in Other Suit No. 15 of 1985 fi......4 of 1988 is set aside. The Other Suit No.14 of 1988 is restored to its original file and number. Send down the LC Records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 93. ......4 of 1988 is set aside. The Other Suit No.14 of 1988 is restored to its original file and number. Send down the LC Records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 93. ..Category: Civil Law | Date: | Hits: 66
Narayanganj High School and others Vs. Pran Ballave Saha Banik and others, 1998, 27 CLC (HCD)
....nj in Title Appeal No. 60 of 1990 affirming the judgment and decree dated 30-4-90 passed by the Senior Assistant Judge, Narayanganj in Title Suit No. 91 of 1989 decreeing the suit. 2. The opposite party No.1 as plaintiff instituted a suit in the 4th Court of Assistant Judge, Narayanganj being Tit......ffirmed by the District Judge, Narayanganj in Title Appeal No.60 of 1990, are maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 90.......ffirmed by the District Judge, Narayanganj in Title Appeal No.60 of 1990, are maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 90...Category: Employment/Service Law | Date: | Hits: 72
American Express Bank Limited Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....n, Deputy Attorney-General—for the Respondents. Writ Petition No. 2285 of 1998 Judgment Md. Monsurul Hoque Chowdhury J.- Supplementary affidavits filed on behalf of the petitioner be made part of the record. 2. This Rule Nisi was issued calling upon the respondents to show cause as to......2-93 to 1997-98 are without lawful authority and of no legal effect. In the result the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002)7. ......2-93 to 1997-98 are without lawful authority and of no legal effect. In the result the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002)7. ..Category: Fiscal/Taxation Law | Date: | Hits: 132
....output was put at 30,000 metric tons. It requires for its production raw materials from abroad. It says it will be obliged, each time it imports its raw materials from abroad, to divert a substantial part of its working capital for payment of customs duties and taxes. It, therefore, applied to the r......tons. It requires for its production raw materials from abroad. It says it will be obliged, each time it imports its raw materials from abroad, to divert a substantial part of its working capital for payment of customs duties and taxes. It, therefore, applied to the respondent No. 4 on 3-7-2000, in ......sion we are of the opinion that the Rule is liable to be discharged. In the result the Rule is discharged. There will he no order as to cost.
Ed.
This Case is also Reported in: 54 DLR (2002) 1.
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Category: Fiscal/Taxation Law | Date: | Hits: 108
Delwar Hossain Sowdagar Vs. State, represented by the Deputy Commissioner, 2002, 31 CLC (HCD)
....te Party No. 2 Syed Abu Kowser Deputy Attorney‑General‑For the State. Criminal Miscellaneous Case No. 3204 of 2002. Judgment MA Aziz J.- This Rule was issued calling upon the opposite party to show cause, why the proceedings of Chittagong Kotwali PS Case No. 49(11) 2001 dated 21‑11......lia, that the petitioner was appointed distributor for delivery of products of the complainant's mill on 18‑11‑89 for a period of one year, that on different dates the petitioner took delivery on payment of portion of the price of the goods and in the process an amount of Taka 1,51,57,600/50 fel......tive claims in the civil Court. In that view of the matter the impugned proceedings are quashed. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 55 DLR (2003) 5. ..Category: Civil Law | Date: | Hits: 83
....rosecution and justice and also to comply with the direction of this Hon’ble Court for expeditious trial and disposal of the case. It is stated that the petitioner was appointed for conduction of a particular case as a Special Public Prosecutor for which the petitioner acquired no legal right as n......val of the petitioner is illegal and without any lawful authority.
The Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 81.......val of the petitioner is illegal and without any lawful authority.
The Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 81...
Category: Employment/Service Law | Date: | Hits: 108
Sonali Bank and another Vs. Md. Harun, 1999, 28 CLC (HCD)
....in Choudhury J.- This appeal is directed against the judgment and decree passed by the learned Subordinate Judge Feni in Money suit No. 01-1990 who by his judgment dated 31-1-1991 decreed the suit in part. 2. The short fact leading to this appeal is that the plaintiff instituted the suit alleging......s own pocket. His further case is that, when the defendant hank failed to pay 70% of the IDA credit the plaintiff applied for the balance 35% from IDA credit. But the defendant bank instead of making payment under IDA credit saddled him with a cash credit amount of Taka 3.00 lac from their own fund....... Money suit No. 01-1990 who by his judgment dated 31-1-1991 decreed the suit in part. 2. The short fact leading to this appeal is that the plaintiff instituted the suit alleging that for obtaining loan under IDA credit he applied before the local Sonali Bank Feni for establishment of Rana Oil Mil..Category: Civil Law | Date: | Hits: 72
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