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Nafisa Choudhury Vs. United Food Complex Ltd. and another, 2000, 29 CLC (HCD)
....espondent No. 3 invested considerable amount of money to set up their own poultry and poultry hatchery. They imported 3 incubators and 3 hatchers from Denmark at a cost of Taka 17,13,418.00 and spare parts worth of Taka 6,67,296.00. The respondent No. 2 approached the petitioner and respondent No. 3......ank, Dhaka and thus the company received a sum of Taka 3,63,70,000.00 by 1984 as loan and Taka 1,75,000.00 as paid up capital to start its business. It is alleged that the company defaulted in making payment of loan to BSRS and the liability increased from Taka 363 crore in 1984 to Taka 9,49,47,195.......company which was incorporated on 10-1-81 to carry on business of poultry, fish, dairy, etc. with an authorised capital of 3 crore and a paid up capital of Taka 1,75,000.00. The company was granted a loan of Taka 2,28,70,000.00 by the BSRS the respondent No. 4 by agreements dated 10-6-81 and 28-3-83..Category: Business or Commercial Law | Date: | Hits: 198
Safiqueuddin Ahmed (Md) and another Vs. House Building Finance Corporation, 2000, 29 CLC (HCD)
....foresaid Miscellaneous Case No. 28 of 1979 by filing a written objection disputing the claim made by the House Building Finance Corporation. The aforesaid Miscellaneous Case was eventually allowed ex parte dated 23-5-1985. Accordingly, the loanee started Miscellaneous Case No. 36 of 1984 an applicat......ated 7-2-1989 passed by the learned District Judge in Miscellaneous Case No. 36 of 1984 is hereby affirmed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 80. ......Miscellaneous Case No. 36 of 1984 under Order 9, rule 13 of the Code of Civil Procedure. 2. House Building Finance Corporation as petitioner filed Miscellaneous Case No. 28 of 1979 against the loanee-petitioner for sale of mortgage property for recovery of the outstanding loan. The loanee-pet..Category: Procedural Law | Date: | Hits: 78
Arif Rahman Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
....ssued Standing Order No. 46/98 Cus dated 11-6-98, in supercession of the previous Standing Order, under which total depreciation was fixed at the rate of not exceeding 40% dividing the same into five parts for five years – 15% for the 1st , 10% for the 2nd year and 3rd year or any part thereof a......iation @ 40% on the basis of budget for 1998-99 and the Standing Order No. 46/98 Cus dated 11-6-98. The petitioners filed application before the Commissioner of Customs for release of the vehicles on payment of the duties section 3 of the Provisional Collection of Taxes Act, and taxes on the basis o......, we are of the opinion that petition is liable to be rejected. Accordingly, we reject this petition without an order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 76. ..Category: Fiscal/Taxation Law | Date: | Hits: 65
Aleya Begum and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....with the provisions of Act XIV of 1970, should not be declared to be without lawful authority and of no legal effect. 2. The petitioners having lost their home and hearth situated in different parts of Bangladesh due to river erosion and natural calamities, came to Dhaka and constructed long ......ng possession of the land by Housing and Settlement authority on due completion of the eviction process on 28-4-93. Learned Deputy Attorney-General also refers to Annexure- 1A which is the voucher or payment receipt of Taka 500.00 for Mike announcement in slum area for vacating the place within the ......total scheme undertaken by the government. He points out that in the event of their eviction the petitioner will be deprived of their right to life and will also be denied the access to institutional loans for developing their capacity for self employment, health facilities, nutritional Programme, e..Category: Property Law | Date: | Hits: 60
Nurul Islam Monzoor Vs. State and another, 2000, 29 CLC (HCD)
....y-General—For the State. Criminal Miscellaneous Case No. 7428 of 2000. Judgment Md. Abdul Aziz J. - The supplementary affidavit put in Court by the accused-petitioner do form part of the main application. The report bearing Memo No. 10560/Bha: Sha: dated 4-12-2000 submitted ......ail (opposite party No. 2) for information and compliance and also to the learned Metropolitan Sessions Judge, Dhaka for compliance. Ed. This Case is also Reported in: 53 DLR (2001) 59. ......ail (opposite party No. 2) for information and compliance and also to the learned Metropolitan Sessions Judge, Dhaka for compliance. Ed. This Case is also Reported in: 53 DLR (2001) 59. ..Category: Criminal Law | Date: | Hits: 26
Jarina Khatun & others Vs. Gani Howlader & others, 2000, 29 CLC (HCD)
....discussing the evidence on record disposed of the appeal by a non-speaking judgment in confirming the judgment of trial Court and the judgment of the appellate Court is no judgment in the eye of law, particularly, under Order 41 rule 31 of the Code of Civil Procedure. 13. Mr Rezaul Huq, learned A......eed on contest against the Government and defendant Nos. 5 and 6 declaring VP Case No.43 of 1980 as illegal and without any lawful authority. They also claimed to be in possession of the suit land on payment of rents. Defendant No. 3 transferred some lands to defendant No. 3(Ka) by a deed of gift da...... observations, if necessary, on further evidence as may be adduced by the parties. The Court would abide by the ultimate result of the suit. Ed. This Case is also Reported in: 53 DLR (2001) 53. ..Category: Property Law | Date: | Hits: 22
Moshiur Rahman (Md.) Vs. State, 2000, 29 CLC (HCD)
....se No.5578 of 1999. Judgment ABM Khairul Haque J.- This Rule, und section 561A of the Code of Criminal Procedure was issued at the instance of the petitioner, calling upon the opposite parties to show cause, as to, why certain observations made by the Sessions Judgment Jhalakati, in h......d at any time before the rising of the Court on the same day may, if it thinks fit, take cognizance of the offence and sentence the offender to fine not exceeding two hundred (Taka) and in default of payment to simple imprisonment for a which may extend to one month, unless such fine be sooner paid.......absolute. Let copies of this judgment and order be forwarded to the learned Sessions Judge and the petitioner for their future guidance. Ed. This Case is also Reported in: 53 DLR (2001) 42. ..Category: Criminal Law | Date: | Hits: 29
....996 fixing an enhanced monthly rent of Taka 60,000.00 and also on payment of Taka 8,64,000.00 as advance.
4. The petitioners’ further Case is that an oral agreement was concluded between the parties on 1-9-1999 that the lease period would be extended for a further period of 3 years. Though ...... 1 Dhaka by a deed of lease dated 26-7-1993 from its owner Mahmudul Alam, the respondent No. 4, for a period of 3(three) years with effect from 1-8-1993 at a monthly rental of Taka 50,000.00 and on payment of Taka 7,20,000.00 as advance.
3. After the expiry of the said tenancy agreement, th......ful and proper.
In the result, the Rule is discharged with costs of Taka 20,000.00 (twenty thousand) against the petitioners.
Ed.
This Case is also Reported in: 53 DLR (2001) 35.
..
Category: Property Law | Date: | Hits: 31
Islami Bank Bangladesh Ltd. and others Vs. Abdul Jalil and others, 1999, 28 CLC (HCD)
....saful Rahman and SK Md Morshed, Advocates—For the Opposite Parties. Civil Revision No. 2757 of 1999. Judgment Mozammel Hoque J.- This Rule was issued calling upon the opposite parties No. 1 to 40 to show cause as to why the order No. 12 dated 27-7-1999 rejecting an applicatio...... in his decision occasioning failure or justice and as such, the impugned order is liable to be set aside and is accordingly, set aside. Ed. This Case is also Reported in: 53 DLR (2001) 29. ...... in his decision occasioning failure or justice and as such, the impugned order is liable to be set aside and is accordingly, set aside. Ed. This Case is also Reported in: 53 DLR (2001) 29. ..Category: Property Law | Date: | Hits: 61
Shaher Khatun & others Vs. State and another, 2000, 29 CLC (HCD)
....anta Sarkar and others, reported in 44 DLR 533 and the Case of Noor Ahmed Vs. Fariduddin Ahmed and others, reported in BCR 1987 (AD) 152. 5. Md Amjad Hossain, the learned Advocate for the opposite party No.1, on the other hand, submits that the Assistant Commissioner (Land) while initiating a pro...... 15-19 Md. Jaher Ali, Md. Sadeque Ali, Abdul Karim, Md. Amir Ali and Md. Emran Ali hereby confirmed in the facts and circumstances the Case. Ed. This Case is also Reported in: 53 DLR (2001) 19. ...... 15-19 Md. Jaher Ali, Md. Sadeque Ali, Abdul Karim, Md. Amir Ali and Md. Emran Ali hereby confirmed in the facts and circumstances the Case. Ed. This Case is also Reported in: 53 DLR (2001) 19. ..Category: Criminal Law | Date: | Hits: 59
....hout protection have now greatly contributed to their inability to even return to their relatives. A visit to the vagrant home would reveal that the respondents have physically abused them in private parts of their bodies in the name of rehabilitation and are letting them free to go with their so-ca......
Let a copy of this judgment be sent to the Hon’ble Minister, Ministry of Home Affairs and Director General, Department of Social Services.
Ed.
This Case is also Reported in: 53 DLR (2001) 1.
......
Let a copy of this judgment be sent to the Hon’ble Minister, Ministry of Home Affairs and Director General, Department of Social Services.
Ed.
This Case is also Reported in: 53 DLR (2001) 1.
..
Category: Constitutional Law | Date: | Hits: 264
State Vs. Md. Sadequl Islam Tusar and others, 2009, 38 CLC (AD)
....house of the informant and demanded Tk.2,00,000/- and stated that if the informant would fail to give him the money, he (accused) would not come to Natore any more and for this reason they (informant party) should be prepared to pay very dearly. On the following morning, accused Sadequl Islam Tusar ...... locked in a room without supplying with any food to her. The accused namely Sadequl Islam Tusar, Most. Rowshan Jahan, Tuhin, Nasima and Tarmina Akhtar Shilpi used to torture Rakhi (deceased) for non-payment of dowry of Tk.30,00,000/- and they (accused) used to telephone Rashida Bewa (mother of the ......ence. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 134, 15 MLR (AD) (2010) 147, 19 BLT (AD) (2011) 160. ..Category: Criminal Law | Date: | Hits: 43
Md. Abdur Rahim Vs. Md. Amirul Islam & others, 2007, 36 CLC (AD)
.... of Subordinate Judge (now Joint District Judge), Rajshahi claiming pre-emption of the case land stating, inter alia, that the pre-emptor is a co-sharer in the case land by purchase and the opposite party Nos. 2 and 3 sold the case land by kabala dated 30.07.1996 to opposite party No.1 (pre-emptee)...... Advocate could not point out any new materials for review of the impugned judgment. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 128. ...... Advocate could not point out any new materials for review of the impugned judgment. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 128. ..Category: Property Law | Date: | Hits: 20
Abul Hashem Vs. International Oil Mills Limited, 2009, 38 CLC (AD)
....as required to take appropriate permission from the writ respondent No.3, i.e. Ministry of Industries for abandoning lease hold excess unutilized land of M/S Amin Agencies (1947) Limited to the third party and accordingly the writ respondent No.3 by its letter dated 30 .05.1989(Annexure-A) gave perm...... the writ petitioner company along with the earlier 0.75 acre of land. Subsequently pursuant to an eviction case filed earlier by the writ respondent No.4 against the-writ respondent No.1, due to non payment of due lease money, the writ petitioner company upon taking permission from the Court of Spe......es on premium to be paid and on other related matters. Civil Miscellaneous Petition is also disposed of in terms of this judgment. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 117. ..Category: Property Law | Date: | Hits: 33
A. K.M. Hasanuzzaman Vs. Abdur Rab Chowdhury and others, 2010, 39 CLC (AD)
.... renumbered as the Claim Miscellaneous Case No. 27 of 2003 was transferred to the Claims Tribunal and the Court of Special District Judge, Comilla. After taking evidence adduced on behalf of both the parties, the miscellaneous case was allowed in part by the Claims Tribunal and held the respondent N...... miscellaneous appeal. Under such circumstances, this petition does not merit consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 437. ...... miscellaneous appeal. Under such circumstances, this petition does not merit consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 437. ..Category: Civil Law | Date: | Hits: 96
Abdul Matin Sarker @ Mathin and another Vs. State, 2009, 38 CLC (AD)
....n the convict-appellants, who are in jail last for 6(six) years, as has been submitted, appears to be too severe, having regard to the facts and circumstances of the case and the overt-act on the part of the review petition. The application of provisions of Sections 326 and 307 of the Penal Code...... fine awarded against the convictions under Sections 457 and 307/34 are upheld. The sentences of imprisonment are to run concurrently. Ed. This Case is also Reported in: VII ADC (2010) 434. ...... fine awarded against the convictions under Sections 457 and 307/34 are upheld. The sentences of imprisonment are to run concurrently. Ed. This Case is also Reported in: VII ADC (2010) 434. ..Category: Criminal Law | Date: | Hits: 45
Biman Bangladesh Airlines and others Vs. Al Rojoni Enterprise, 2010, 39 CLC (AD)
.... Subordinate Judge, Third Court, Dhaka, praying for a decree for Tk. 41,50,500/- against the petitioner towards demurrage, compensation etc., contending, inter alia that the respondent imported watch-parts from Hong Kong worth U.S.$ 18,911/- to be delivered in Dhaka Airport on 22.01.1999 by Biman bu......espondent filed the First Appeal No. 28 of 2004 before the High Court Division. After hearing, the High Court Division found that the petitioners admitted its failure to deliver the goods and offered payment of compensation of Tk. 3,15,560/- in lieu of goods and that since the plaintiff did not decl......nd order dated 26.11.2008 passed by the High Court Division in First Appeal No. 28 of 2004, be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 415. ..Category: Civil Law | Date: | Hits: 85
Sadharan Bima Corporation and another Vs. LG Engineering Co. Ltd and others, 2010, 39 CLC (AD)
....ed Subordinate Judge, 3rd Court, Dhaka impleading the petitioners as defendants. The said suit was decreed on contest against the petitioners and proforma respondent Nos. 3 and 4 and was dismissed ex-parte against respondent No. 2 and proforma respondent No. 5. 3. The respondent No.1 as pla......sed against the survey report. Thereafter the plaintiff by its letter dated 26.05.1999 submitted its loss claim for Tk.33, 98,244.05. The defendant No.1, Shadharan Bima Corporation, instead of making payment of the claimed amount in terms of the policy, advised the plaintiff to file a suit against t......ision and accordingly the leave petition is dismissed with modification that the decree will be executed against defendant No. 1 only. Ed. This Case is also Reported in: VII ADC (2010) 413. ..Category: Business or Commercial Law | Date: | Hits: 186
Government Bangladesh and others Vs. ATM Mostafa Rashed and other, 2009, 38 CLC (AD)
....joined in the Madrasha on 08.09. 88 and the petitioner No.2 as a lecturer, political science on 15.02.2002 and got their name enrolled in the M.P.O issued by the BANBBIS and have been receiving the partition of the salary granted by the Government duly and regularly. The writ-petitioners while r......egularly. The writ-petitioners while rendering their service to the utmost satisfaction all concerns were informed of an office order dated 04.08.2002 issued by the respondent No. 3 to withhold the payment of Government portion of the salary of the writ petitioners from 01.06.2002. The writ respon......e, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 411. ..Category: Civil Law | Date: | Hits: 84
....in the official gazette on 1st January, 2009 declaring the applicant as returned candidate in constituency No.134, Tangail-5. The applicant contested the election as candidate of Mohajote (Jatiya party) and secured 1, 50,949 votes as against 74,455 votes secured by the petitioner.
9. The inst......e no bearing upon the ultimate decision in the election petition.
With this observation this petition for leave to appeal is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 404.
......ted, B.B. Avenue Corporate Branch vide their letter No.BBAIGAD-1/14930 dated 30.11.2008 wrote to the Returning Officer, Tangail stating that the respondent No.1 Md. Abul Kashem took different type of loans from the aforesaid bank and the outstanding loan stood at Tk.15, 44, 32,437.31 till 30.11.2008..
Category: Election Law | Date: | Hits: 116
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