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Abdul Samad Gazi Vs. Abdul Khalil Gazi and others, 2000, 29 CLC (HCD)
....8839 of 1991. Judgment ABM Khairul Haque J.- This Rule under section 115 of the Code Civil Procedure was issued at the instance of the plaintiff-petitioner calling upon the defendant- opposite parties, to show cause as to why the judgment and order of remand dated 13-09-1987 (Decree drawn on ......sition that during the war of liberation in 1971 he was in need of money and took loan of Taka 150.00 from one Khalil Raj and gave him a blank stamp paper with his signatures on and a year later on repayment, he took back the said stamp paper and kept in an earthen pot along with his other documents......compelled to file the instant suit for specific performance of contract. 3. The defendant No.1 contested the suit by filing a written statement on 01-08-1977 contending, inter alia, that he took a loan of Taka 150,00 from one Khali Raj (PW 7) during the war Of liberation and gave him a blank stam..Category: Civil Law | Date: | Hits: 94
Star Medical Store Vs. Subordinate Judge, Artha Rin Adalat and other, 2001, 30 CLC (HCD)
....g upon the respondents Subordinate Judge Court No. 2 and Artha Rin Adalat No. 1 Rangpur and the Manager Uttara Bank, Rangpur Branch, to show cause as to why the impugned judgment and decree passed ex-parte on 25-10-1990 in Artha Rin Case No. 55 of 1990 and the proceedings of that case should not be ......l right of the petitioner has been infringed as because if the suit would have been tried as an ordinary money suit as covered by the Civil Procedure Code the petitioner could have filed an appeal on payment of ad valorem court fee only, on the decretal amount and within 90 days from the date of the......lared to have been made without any lawful authority and is of no legal effect. 2. The short facts leading to the dispute as has been stated in the writ petition are that, the petitioner took some loan from the respondent No.2 the Uttara Bank and since the loan could not he paid within the schedu..Category: Civil Law | Date: | Hits: 93
Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....ion. The said Rule was contested by the respondent No.3 denying the allegation in Writ petition stating, inter alia. that the Dhania Union Parishad was set up by notification dated 7-5-94 taking some part of Shyampur Union Parishad and the petitioner was appointed Nikah Registrar on 19-10-94 for Shy......e Rules are discharged without any order as to costs. The order of stay granted by this court earlier the above Rules, are hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 237.......e Rules are discharged without any order as to costs. The order of stay granted by this court earlier the above Rules, are hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 237...Category: Constitutional Law | Date: | Hits: 109
Abdul Hamid Chowdhury and others Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....or the Respondent. Reference Application Nos. 31 and 32 of 1998. Judgment Syed Amirul Islam J. - As common question of facts and law are involved in these two reference applications and the parties being same they are heard together and being disposed of by this judgment. 2. The Referen......figures of family expenses have been affirmed by the AJCT and in affirming the family expenses he also took due note of the number of the family members, telephone expenses, maintenance of ground and payment of wages to the night guards and thus found that the estimation made by the DCT was right an...... Accordingly, we answer both the questions in the negative and in favour of the assessee applicant, however, without any order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 234...Category: Fiscal/Taxation Law | Date: | Hits: 64
Pubali Bank Ltd. Vs. Abdul Jalil Bhuiyan, 2000, 29 CLC (HCD)
....tanding dues as on 28-3-91. During the pendency of the suit the defendant paid the plaintiff Bank an amount of Taka 4,00,000.00 in respect of the claims of the Bank. Eventually the defendant opposite party did not appear before the Artha Rin Adalat to contest the suit. The suit was ultimately decree......le is directed against the order dated 18-9-97 passed by the Subordinate Judge and Artha Rin Adalat, 2nd Court Madaripur in Money Execution Case No.25 of 1994 waiving 60% of the interest and allowing payment of the balance of the decretal dues by instilments. 2. Short facts relevant for the purp......rected to dispose of the execution Case with utmost expediency. Communicate the order of the court to the learned execution court at once. Ed. This Case is also Reported in: 53 DLR (2001) 217...Category: Civil Law | Date: | Hits: 92
Titas Gas (T & D) Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....For the Respondent. Application Nos. 43, 44. 46, 47 and 48 of 1994. Judgment Syed Amirul Islam J. - As common question of law and facts are involved in these reference applications and the parties being same they are heard together and are being disposed of by this judgment. 2. Referen......uity inasmuch as the assessee-applicant maintain their accounts on the mercantile basis and, as such, when the gratuity becomes due it debited in the accounts of the employees and, as such, no actual payment of the same is required. The learned Advocate further submits that provisions of claiming ba......the affirmative and against the assessee applicant and we refrain from answering the other questions. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 209. ..Category: Fiscal/Taxation Law | Date: | Hits: 82
Bangladesh Water Development Board Vs. Contractor, Manu Barrage, 2000, 29 CLC (HCD)
.... being Arbitration Miscellaneous Case No.907 of 1986. The defendants also made similar application for setting aside the award being Arbitration Miscellaneous Case No. 42 of 1987. On hearing both the parties the learned Subordinate Judge allowed both the Miscellaneous Cases and set aside the award b......and outstanding dues of Taka 16,03,278.00 out of the final 50th bill were not paid to the plaintiff. The contract price was enhanced from 7.76 crore to 12.18 crore out of which the plaintiff received payment of Taka 12.02 crore (7.93 crore for tender items and 4.09 crore for non-tender items). 7.......ll realisation. The parties are directed to bear their own respective costs. Send down the record of the case without any further delay. Ed. This Case is also Reported in: 53 DLR (2001) 200. ..Category: Civil Law | Date: | Hits: 132
Motaleb Hossain (Md) Vs. State and another, 2000, 29 CLC (HCD)
....he Complainant Opposite Party. Md. Mustafa, Assistant Attorney-General—For the State. Criminal Miscellaneous Case No. 1836 of 2000. Judgment Md. Hamidul Haque J. - By this Rule, opposite parties were called upon to show cause as to why the proceedings of CR Case No. 315 (ka) 99 (TR No.1...... 5. We have perused the Cases cited by the learned advocates of both the parties. In the Case reported in 46 DLR (AD) 180, we find that the accused took delivery of jute worth Taka 83,059 and made payment of Taka 40,000 in cash and gave an assurance that the balance amount would be paid within th...... Magistrate ‘Ka’ Zone, Sirajganj is quashed. The accused petitioner is discharged from his bail bonds. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 198. ..Category: Criminal Law | Date: | Hits: 42
Abdul Wahab Biswas Vs. Abdul Matin Miah & others, 1999, 28 CLC (HCD)
....er passed by the Subordinate Judge. Second Court, Faridpur on 09-11-97 in Title Suit No. 7 of 1997 granting temporary injunction.2. Short facts relevant are that the petitioner and pro forma opposite party Nos.6-13 being plaintiffs instituted Title Suit No.7 of 1997 in the Court of the Subordinate J....... The learned District Judge should be careful henceforth in passing orders so that it may not be repeated. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 196........ The learned District Judge should be careful henceforth in passing orders so that it may not be repeated. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 196...Category: Procedural Law | Date: | Hits: 81
Fazar Ali Vs. Mizanur Rahman and another, 2010, 39 CLC (AD)
....e agreement that the defendant would receive the balance consideration within nine months and thereafter he would execute and register the sale deed. Ultimately the defendant refused to perform his part of obligation and as such, he filed suit on 20th June, 1974. 3. The Defendant No.1 contested......with the concurrent findings of fact. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 518.......with the concurrent findings of fact. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 518...Category: Property Law | Date: | Hits: 23
Ebrahim Steel Re-Rolling Industries (Pvt.) Limited Vs. Bangladesh and others, 2010, 39 CLC (AD)
....Leave to Appeal is directed against the judgment and order dated the 20th day of August, 2008 passed by the High Court Division in Writ Petition No.2936 of 2006 discharging the Rule arising out of ex parte judgment and decree dated 25.05.1999 passed by the Subordinate Judge and Artha Rin Adalat No.1......ars in 8 quarterly installment and also an additional sum of TK. 25,000.00 as legal expenditure. Subsequently, on 01.12.1999 the respondent No.4 wrote another letter to the petitioner demanding payment of outstanding amount by 30.12.1999 telling that they would institute execution case against......t No.169 of 1999 decreeing the suit for the sum of TK.2,42, 28,435.80 and foreclosing the mortgage. 2. The facts involved in the case, in short, are that the respondent No.4-Sonali Bank sanctioned loan of total amount of TK.80,00,000.00 to this writ-petitioner company in the year 1988 on conditio..Category: Banking Law | Date: | Hits: 95
Charupado Mondol and others Vs. Chinmay Bachar and others, 2009, 38 CLC (AD)
....s further alleged that the suit property was in ejmali possession. Khatians were not correctly prepared and there was difficulty in ejmali possession so the plaintiffs were compelled to come up for partition with declaration of title in the "Kha" schedule land. 4. Defendant Nos.1-11 contested t......ected by a Solenama filed in Rent Suit No. 1759 of 1932 brought by Tanti Bewa. They were the legal heirs of Nakul and they became owners of the "Kha" Schedule land and were in possession thereof on payment of rents. The predecessor of the plaintiff filed a suit for partition before the learned......judicata in the instant suit, and the trial Court, if the question is so raised, is directed to decide the same in accordance with law. Ed. This Case is also Reported in: VII ADC (2010) 492. ..Category: Procedural Law | Date: | Hits: 95
....cle 103 of the Constitution is for granting leave to appeal against the judgment and decree dated 23.02.2009 passed in First Appeal No.324 of 1997 by the High Court Division in allowing the appeal in part and thereby decreeing the Other Suit No.370 of 1994 dismissed by the learned Subordinate Judge,......order passed by the High Court Division and thus do not find any substance in the leave petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 486.......order passed by the High Court Division and thus do not find any substance in the leave petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 486...
Category: Property Law | Date: | Hits: 38
Sree Bishonath Das and others Vs. Sree Binoy Kumar Das and others, 2009, 38 CLC (AD)
....e judgment and decree dated 30.08.1987 passed by the Monirampur Upazila Munsif Adalat, Monirampur, Jessore in Title Suit No.228 of 1984. 2. The facts, in short, are that the respondents-opposite party respondent Nos.1-3 as plaintiffs filed Title Suit No.228 of 1984 in the Court of the Monirampu......n of salami from the settlement holder, the defendant No.1 on 07.08.1961 and thereby the defendant No.1 on the strength of the aforesaid settlement has mutated his name for the said land on regular payment of rent to the Government and the Government has also executed a registered kabuliyat on 02.......by the courts below in finding possession and title in favour of the plaintiff respondent. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 478...Category: Property Law | Date: | Hits: 27
....h Court Division committed no illegality in discharging the Rule.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 474.......kbahar Ward, Mohammad Yusuf Chowdhury the petitioner and Abbas Uddin Chowdhury with a direction that the mutwalli would be responsible for the management of the Waqf Estate, submission of accounts, payment of waqf contribution and other statutory liabilities and with a further direction that the......h Court Division committed no illegality in discharging the Rule.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 474...
Category: Trust/Waqf Law | Date: | Hits: 185
Mojibor and another Vs. Md. Nurul Islam and others, 2010, 39 CLC (AD)
....391 B.S. Md. Siddiqur Rahman exchanged the property by registered instrument with the plaintiff and through that deed the plaintiff became owner and possessor of the scheduled land; that in the first part of Falgun, 1387 B.S. the defendant No.1 tried to dispossess the plaintiff on the plea of leav......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 also Reported in: VII ADC (2010) 467.......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 also Reported in: VII ADC (2010) 467...Category: Property Law | Date: | Hits: 91
Prime Finance and Investment Limited Vs. Delwar H. Khan and others, 2009, 38 CLC (AD)
....00 (Taka ninety four lac fifty nine thousand only hundred and twenty four only). 23. The Company initially obtained ISP licenses from the Ministry of Telecommunications for running businesses at particular places of Dhaka, Chittagong and Sylhet. It was thought that if the periphery of business ...... in eight equal installments of TK. 3,09,67200 each to be paid on 07.08.2000, 07.09.2000, 07.10.2000, 07.11.2000, 07.12.2000, 07.01.2001, 07.02.2001 and 07.03.2001. The Company failed to stick to the payment schedule and still owes Navana certain amounts on account of the office space. 9. The Com......n account of the office space. 9. The Company executed a Loan Agreement on 08.05.2000 with Industrial Promotion and Development Company of Bangladesh Limited ("IPDC") for availing a local currency loan of TK.4,50,00,000 (Taka four crore, fifty lac only). The Company executed a Deed of Hypothecati..Category: Company Law | Date: | Hits: 197
Anti-Corruption Commission Vs. Dr. Muhiuddin Khan Alamgir and others, 2010, 39 CLC (AD)
....nsider them either independent or expert witnesses, rather, found their valuation unreliable. The High Court Division, on the other hand, relied on the depositions given by the officials of the Tax Department and Ext. 12 which were completely ignored by the learned Special Judge and set aside its fi......dy been acquitted on merit of the case as is in this case. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 290, VIII ADC (2011) 78. ......dy been acquitted on merit of the case as is in this case. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 290, VIII ADC (2011) 78. ..Category: Anti-Corruption Laws | Date: | Hits: 231
Abdul Kadir Vs. Moslem Miah, 2009, 38 CLC (AD)
....os.1348, 1349, 1350, 1351 and 1352 of settlement khatian No.123 belonged to Zahiruddin who died before district settlement operation leaving behind his two sons Jamaluddin and Ashraf Ali. By amicable partition Jamaluddin got the entire lands of 11 decimals from plot No.1348 and entire 23 decimals fr...... 13. In such view of the matter the impugned judgment does not call for any interference by this court and accordingly the leave petition is dismissed. Ed. This Case is also Reported in: ...... 13. In such view of the matter the impugned judgment does not call for any interference by this court and accordingly the leave petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 26
....respondent after receiving Tk. 24,65,256/- and to issue bills as per minimum charge and the rest Tk. 24,65,256/- is to be paid within next nine months in equal installments by the respondent-opposite party along with regular bills.
2. The facts, in short, are that the plaintiff-respondent filed ......February, 1998 to August, 1998 amounting to Tk.11,15,044/60 as illegal, issued without jurisdiction and not binding upon the plaintiff-respondent. But in the meantime the plaintiff-respondent stopped payment of regular gas bills on the plea of pendency of the suits as a result a huge outstanding bil......is granted to consider the same.
Security of Tk.1,000/- is to be deposited within one month.
Preparation of paper book is dispensed with as prayed for.
Ed.
This Case is also Reported in:
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Category: Civil Law | Date: | Hits: 82
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