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Category: Fiscal/Taxation Law | Date: 26 Jan, 2003 | Hits: 114
Alfazuddin Ahmed Vs. Abdur Rahman and others, 2003, 32 CLC (AD).
.... the lands were recorded under separate khatian and that as there was also no material as to whether the proposal for opening separate khatian was finally accepted resulting in separation of jama and payment of rent separately by the 2 co‑sharers and that as it was contended by the pre‑e......emption case is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 108. ..Category: Property Law | Date: 21 Jan, 2003 | Hits: 81
Govt. of BD, rep. by the Sec., Min. of Defence & ors. Vs. Md. Afzal Hossain Ansari, 2003, 32 CLC (AD
....peal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 65. ......rtment and that also without bringing to the notice of the higher authority principles of purchase as were in the Memo dated July 29, 1985 of the Ministry of Finance and that received current account cheques instead of bank draft or pay order from the bidders and, as such, committed gross negligence..Category: Administrative Law | Date: 8 Jan, 2003 | Hits: 122
Zyta Garments Ltd. Vs. Union Bank Ltd. and another, 2003, 32 CLC (AD).
....rincipal amount. The rest was deducted from the principal amount and the interest without giving any reason. The plaintiff respondent Union Bank Ltd immediately protested by sending message for non-payment of the half of the principal amount and interest but to no effect. Therefore, the plaintiff......ary and proper party to be added in the suit and find no illegality or infirmity in its judgement calling for our interference. The leave petition is dismissed. Ed. ..Category: Civil Law | Date: 19 Nov, 2002 | Hits: 169
Asalat Zaman (Md) and others Vs. Government of Bangladesh and others, 2003, 32 CLC (AD).
....t No. 27/LMH dated 17 September, 1988, with the Government of Bangladesh for reconstruction of the railway line damaged, by flood. After the completion of the works the contractor submitted bills for payment which were not finally paid. This gave rise to a dispute. According to the provision of the ......as aforesaid with interest at the bank rate till realisation. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 139. ..Category: Alternative Dispute Resolution | Date: 17 Nov, 2002 | Hits: 223
Taiyaba Zaman Vs. Gias Uddin Ahmed and others, 2002, 31 CLC (HCD)
.... 3. The defendant petitioner contested the same suit by filing written statement denying all the material allegations of the plaint and stating, inter alia, that the plaintiff being defaulter in payment of monthly rent the defendant filed Small Cause Court Suit No.6 of 2000 for his ejectment an...... suit is accordingly, dismissed, however without any order as to cost. The order of stay granted earlier stands vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 523. ..Category: Tenancy Law | Date: 6 Nov, 2002 | Hits: 198
Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)
.... certificates representing that loan for the company was to be secured from the bank against the said papers. He also gave an undertaking in writing to that effect on that day by way of assurance for payment of the share of profits and also gave an undated cheque being No. 481‑621 for Taka 5,00,00......to be secured from the bank against the said papers. He also gave an undertaking in writing to that effect on that day by way of assurance for payment of the share of profits and also gave an undated cheque being No. 481‑621 for Taka 5,00,000 (Taka five lac) only in favour of respondent No.1 givin..Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208
Hashibul Bashar Vs. Gulzar Rahman and anr., 2004, 33 CLC (AD)
....the petition of complaint that accused petitioner borrowed Taka 30,77,000 from his relation Md. Anwarul Islam. The accused petitioner issued 3 cheques totaling Taka 30,77,000 on different dates for repayment of the loan amount in favour of Md Anwarul Islam. The Attorney of Md Anwarul Islam presented......e Instruments Act. 3. It has been stated in the petition of complaint that accused petitioner borrowed Taka 30,77,000 from his relation Md. Anwarul Islam. The accused petitioner issued 3 cheques totaling Taka 30,77,000 on different dates for repayment of the loan amount in favour of Md ..Category: Business or Commercial Law | Date: 28 Oct, 2002 | Hits: 326
Secretary, Ministry of Works and another Vs. Md. Yusuf Ali Khan and others, 2002, 31 CLC (AD)
.... 1 and 2 and came to the conclusion that they are identical and of the respondent No. 2. 6. It further came to the conclusion that since the signatures on the agreement, Ext. 1 and part payment of consideration money were proved by the witnesses of the plaintiff, the exhibit is a genu......scussion we lo not fined any substance for allowing the appeal. The appeal is dismissed without any order of costs Ed. This Case is also Reported in: 1 ADC (2004) 312. ..Category: Contract Law | Date: 21 Aug, 2002 | Hits: 1110
Bux Shipping Line Vs. Bangladesh Water Development Board & others, 2002, 31 CLC (AD)
.... on quantity of cement to be carried was raised at different times and finally to 6000 MTs. On completion of carrying of the total quantity of cement plaintiff petitioner submitted bills and the payment having not been made as per billed amount the dispute in the light of the terms of the agre......alization thereof. The review petition has no merit. Accordingly the same is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 476...Category: Alternative Dispute Resolution | Date: 18 Aug, 2002 | Hits: 217
Abdus Sobhan Biswas Vs. State, 2002, 31 CLC (HCD)
.... and accordingly, in good faith he allowed his wife to accompany the accused to Rajbari. He denied the allegation that he asked the accused to purchase any land or that his wife took any advance part payment of the sale price of then land after taking money in exchange of it. 12. PW 3 the victim ......Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 556. ..Category: Women and Children | Date: 11 Aug, 2002 | Hits: 77
Amir Hossain Vs. Homeland Footwear Ltd. and others, 2002, 31 CLC (HCD)
....several occasions to repay his money but without any result. As such, the petitioner firstly, served a notice on 2nd June, 2001, under section 138 of the Negotiable Instruments Act, 1881, demanding repayment within 15(fifteen) days and secondly, on 4th June, 2001, served a notice through his lawyer ......th July, 2000, but the company failed to repay the said amount within the stipulated time, however, on 8th May, 2001, the company repaid Taka 5,50,000. Thereafter, the respondent-company issued three cheques, cheque dated 15‑4‑2001 for Taka 30 lakh, cheque dated 15‑5‑2001 for Taka 15.00 lakh..Category: Company Law | Date: 21 Jul, 2002 | Hits: 226
Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)
....section 5 of the Wireless Telegraphy Act, 1993, ETV has not been using any of the BTV establishment including the 2nd VHF Channel unlawfully, the Finance Minister has rightly exempted ETV from the payment of Taka 1,200 per hour, while BTV is transmitting its programme at Taka 1,800 per hour, whi......memo of the same date issued by the (Annexure-‘C’) Ministry of Finance, by which the ETV was exempted from paying hourly charge of Taka 1200 or Taka 1800 thus depriving the Government exchequer of a huge amount of money every year. 12. The writ petitioners also claimed that th..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....on Bench wherein his appeal is pending for hearing. He managed to bribe the Judges by paying huge amount of money so that he can get an order of two years rigorous imprisonment and accordingly, after payment of the booty the judgment was prepared in that light. But this incident somehow was detected......imprisonment for a period of one month with a fine of Taka 2000 (two thousand) payable within two months, in default, to undergo further simple imprisonment for a period of one month. Part Two ..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
Delwar Hossain Vs. Rajiur Rahman Chowdhury and another, 2003, 32 CLC (AD).
...., 1898 (V of 1898), Section 561A Due to inducement the complainant paid money to the accused on the undertaking to repay as and when demanded. The accused issued cheques for repayment which were dishonoured, it is a prima-facie case of deception. Moreover there is no bar to ......inal Procedure, 1898 (V of 1898), Section 561A Due to inducement the complainant paid money to the accused on the undertaking to repay as and when demanded. The accused issued cheques for repayment which were dishonoured, it is a prima-facie case of deception. Moreover there..Category: Criminal Law | Date: 24 Apr, 2002 | Hits: 71
Gouri Das and ors. Vs. ABM Hasan Kabir and others, 2003, 32 CLC (AD).
....hat they were tenants under Hari Prasad Das to whom they have been paying rent since 1972. Hari Prasad Das took settlement of the suit land from Binayendra in the year 1940 and possessing the same on payment of ground rent as non‑agricultural tenant. Hari Prasad was still residing in the suit prop......urt Division is not correct inference. In view of the above, the appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 449, 635. ..Category: Tenancy Law | Date: 9 Apr, 2002 | Hits: 148
Ali Ahmed and others Vs. Government of Bangladesh and others, 2002, 31 CLC (AD)
....The leave petition is dismissed. The Emergency Requisition of Property Act, 1948 (xiii of 1948), Section 8B Since the possession of the land had already been delivered to the requiring body on payment of compensation the requisitioned land is not liable to be released even if it remains unuti...... liable to be released even if it remains unutilised by the requiring body. In view of the above, the leave petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 92. ..Category: Property Law | Date: 8 Apr, 2002 | Hits: 84
Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....im that the allegation of changing the report has no basis, the report annexures A (1) is a forged one and signatures are superimposed. 8. As regards the allegation of deleting the conditions of payment of charges of Taka 1200 per hour, these respondents claimed that it was not included in the&......the order for two weeks. Mr. Razzaq opposed the prayer. However, the operation of the order is stayed for ten days. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 537. ..Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7
Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)
....laintiff No. 1 lives in a part as a monthly tenant under defendant No. 1 while plaintiffs Nos. 2 to 4 live in other parts of the suit land as monthly tenants under defendant No. 10. When they stopped payment of rents, the tenancy was terminated by service of a notice under section 106 of t......ed judgment and decree affirming those of the trial Court are hereby confirmed. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 523. ..Category: Property Law | Date: 27 Mar, 2002 | Hits: 4
Abul Hussain and others Vs. Afezuddin Mondal and others, 2003, 32 CLC (AD).
....idence on record came to the findings that the plaintiffs failed to prove their alleged title to and possession of the suit land and that the defendants are in peaceful possession of the suit land on payment of rents. The court of appeal below further found that there was surrender of the under̴...... The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 93. ..Category: Property Law | Date: 18 Mar, 2002 | Hits: 80