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Mrs. Shahida Khatun and another Vs. Zafrul Hasan and State, 2008, 37 CLC (HCD)
.... under section 561A of the Code of Criminal Procedure was filed on the averments, inter alia, that the facts disclosed in the petition of complaint is of civil nature and the accused already paid the whole amount of loan money to the Premier Bank, for which no offence under sections 406, 420 of the ......erein the Bank stood as guarantor. According to the agreement the accused paid Tk. 26,50,000/- as initial installment, subsequently paid 2,50,000/-, thereafter the accused did not pay the outstanding amount for the rest installments, which ultimately stood at Tk.40,99,796/-. On 14-06-2003, the accus......ntly paid 2,50,000/-, thereafter the accused did not pay the outstanding amount for the rest installments, which ultimately stood at Tk.40,99,796/-. On 14-06-2003, the accused No.1 refused to pay the money and denied about the claim amount and agreement to the complainant in presence of witnesses. T..Category: Procedural Law | Date: 18 May, 2008 | Hits: 41
Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)
....bmission Mr. A.J. Mohammad Ali, on the first point and hold that the instant was quite maintainable in law. 21. Now let us see whether the plaintiffs proved their title to the suit property. The whole basis of the plaintiff's title to the suit property was the auction purchase by Ali Ahmed ......ister as they had no other house to live in, and if such help was given he would leave the suit property. On such proposal when Hajee Md. Selim wanted to know from the plaintiffs father the amount of compensatory costs he had to be given, he (Abdul Majid) after deliberation in a separate r......so by applying force got a white paper signed by them with the writing to the effect “১৬,৬০,০০০/- টাকা বুঝিয়া পাইলাম” though they received no money from the defendants. The defendants demolished the entire one storied building and the shop ro..Category: Property Law | Date: 13 May, 2008 | Hits: 5
Shrimp and Fish Processing Plant Ltd. Vs. National Bank Limited and others, 2008, 37 CLC (HCD)
....he order of stay granted earlier by this Court stands vacated. Communicate the order to the Adalat concerned at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 503. ......the suit submits that realisation of money in excesses of "FY" (loan) as defined in section 2(kha) of the Artha Rin Adalat Ain, 1990 is beyond the jurisdiction of the Artha Rin Adalat inasmuch as amount of ECG claim realised by the respondent-Bank from Saddharan Bima Corporation does not fall ......he impugned order rejecting the application under Order VII rule 10 read with section 151 of the CPC. The learned Advocate next after placing the plaint of the suit submits that realisation of money in excesses of "FY" (loan) as defined in section 2(kha) of the Artha Rin Adalat Ain, 1990 is ..Category: Procedural Law | Date: 4 May, 2008 | Hits: 9
Jewel Cotton Spinning and Weaving Mills Ltd. Vs. Bangladesh & others, 2008, 37 CLC (HCD)
....d with cost. The trial Court is directed to dispose of the suit preferably within three months from the date of receipt of the order. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 572. ......he plaintiff obtained loan from the respondent-bank and installed a factory. But subsequently, he failed to pay the loan and became defaulter, the plaintiff-bank repeatedly requested and demanded the amount but the defendant-petitioner did not pay the loan and, as such, the plaintiff-bank filed Arth......d with cost. The trial Court is directed to dispose of the suit preferably within three months from the date of receipt of the order. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 572. ..Category: Civil Law | Date: 24 Apr, 2008 | Hits: 62
M. Shafuqul Alam and others Vs. Qazi Rafiq Ahmed and others, 2006, 35 CLC (HCD)
....ed. Communicate the order at once to the Court of learned Senior Assistant Judge, Sylhet for his information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 476. ......ed. Communicate the order at once to the Court of learned Senior Assistant Judge, Sylhet for his information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 476. ......ding, inter alia, that the plaintiff-petitioner at the time of continuing in service as a head of the savings department of the City Bank Limited, Bandar Bazar Branch, Sylhet misappropriated the bank money and thereupon he has been dismissed from service by the authority of the City Bank Limited. ..Category: Procedural Law | Date: 12 Apr, 2008 | Hits: 40
....ance of the Rule is hereby
vacated.
The lower courts
records be sent down at once with a copy of the judgment.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 488.
......ance of the Rule is hereby
vacated.
The lower courts
records be sent down at once with a copy of the judgment.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 488.
...... of the case land was registered
in the volume books on 28.2.2002 which was now under the Gobindagonj
Pourashava, the petitioner filed the instant case for pre-emption by depositing
compensation money in favour of the purchaser.
3. Pre-emptee as
petitioner filing written objection denying..
Category: Property Law | Date: 9 Apr, 2008 | Hits: 4
Khandaker Mahmud Hasan Vs. Amirul Islam, 2008, 37 CLC (HCD)
.... of the Transfer of Property Act, 1882, or (b) where, in the absence of any contract to the contrary, the tenant has, without the consent in writing of landlord, sublet the premises in whole or in part, or (c) where the tenant has been guilty of conduct which is a nuisance or any......laintiff-appellant was not required to adopt the language of the statute to make out a case for rebuilding of the suit house. Whether "addition, alteration and renovation" of the suit house amounts to cosmetic improvement or entails reconstruction after demolition is a question of fac......that the defendant was a defaulter inasmuch as he did not pay any rent since December, 1998 to February, 1999 and thereafter, the defendant on pretext started to pay the rent through postal money order. Mr. Mohammad Ali further submits that the judgment of the learned S.S.C. Judge is not b..Category: Tenancy Law | Date: 27 Mar, 2008 | Hits: 13
Abul Hasnat Nurul Kabir Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
.... not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 275. ......2005, 10.10.2005, 23.10.2005 and 25.10.2005. The petitioner by profession is a businessman, who had a deal with the said company to have financial accommodation under a contact dated 8.11.2004 for an amount of Tk. 10,00,000/- repayable within six months. Towards the repayment of his three installmen...... of intention to repay the loan, he could not do so because of slump in his business. Consequently, upon his failure to keep his commitment, he asked his leasing company for taking recourse to file a money suit in a bid to realise his loan amount but of no avail. The complaint case filed on 20.11.20..Category: Criminal Law, Procedural Law | Date: 12 Mar, 2008 | Hits: 5
Mrs. Rehan Parvin @ Shohely Parvin Vs. State and another, 2008, 37 CLC (AD)
....n view the above, 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: 21 BLT (AD) (2013)11.......by the accused petitioner, during continuation of the marriage, for maintaining the family but there is allegation that the accused petitioner after breaking the mutual trust misappropriated the huge amount given to her by the complainant, the question of exhausting the money for maintaining the fam......h Bengal and other places of Bangladesh and for maintaining the family affairs, opened Saving Account No.5721 in Agrani Bank, Daulatpur Branch and sent Tk.5,80,000.00 and also Tk.3,50,000.00 i.e. the money received from house rent, to the accused petitioner. The accused petitioner sold the landed pr..Category: Procedural Law | Date: 19 Feb, 2008 | Hits: 6
Commissioner of Taxes Vs. Oriental Real Estate Ltd, 2008, 37 CLC (HCD)
.... and against the assessee with cost. The cost is assessed Taka 15,000 for each reference. Communicate at once. Ed. This Case is also Reported in: 60 DLR (HCD) (2008) 506. ......aragraph N of PWD Schedule of rates November, 1997(Ninth Addition, 1st Revisions) as "if any construction work is executed departmentally, 20 per cent is to be deducted from the gross calculated amount as described in all items from A to M."] and defended the impugned order allowing rebate...... and against the assessee with cost. The cost is assessed Taka 15,000 for each reference. Communicate at once. Ed. This Case is also Reported in: 60 DLR (HCD) (2008) 506. ..Category: Fiscal/Taxation Law | Date: 18 Feb, 2008 | Hits: 1
Farid Miah (Md.) Vs. State, 2008, 37 CLC (HCD)
.... by adducing reliable and convincing evidence that the accused appellant committed the offence. 45. It is the duty of the prosecution to prove the prisoner's guilt. If at the end of and on the whole of the case, there is reasonable doubt created by the evidence given by either the prosecuti......t Md. Farid Miah be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 903. ...... rickshaw-puller Dulal Miah and when they reached near the house of Ibrahim at village Parakandi, then they were stopped by three persons who snatched away a wrist watch, a chain and took away cash money of Taka 120 from his pocket; that snatchers also assaulted him and they fled away when a baby..Category: Criminal Law | Date: 14 Feb, 2008 | Hits: 5
Sefina Ferdousi @ Shimla and another Vs. Jaohar Kabir and others, 2008, 37 CLC (HCD)
....wer Court's Record to the Courts below at once. Communicate the judgment to the Courts below immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 434; 61 DLR (HCD) (2009) 86. ......Act No. VIII of 1890); section 17 Under section 17 of the Guardian of Wards Act the central consideration in appointing a guardian of a minor child is the welfare of the child, which will be of paramount consideration. A mother who is married to a stranger losses her preferential right of custody......rs, he is an affectionate father tried his best to do welfare of his child by taking care through his mother i.e. grand mother of the child and other and sending necessary requirement, clothing's and money as required for the maintenance of his son and proved himself for taking responsibility of the..Category: Women and Children | Date: 3 Feb, 2008 | Hits: 142
Md. Amin-Ullah, Advocate and another Vs. Bangladesh and others, 2008, 37 CLC (HCD)
.... rule is discharged without any order as to cost. The order of injunction granted at the time of issuance of the rule stands vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 264. ......respondent Nos.1-4 with regard to public interest but the respondent No.3 (Chairman of Rajdhani Unnayan Katripakkha) most illegally did not take any step to execute the Government decisions which tantamount to relinquish the state power with regard to public interest by the public servant for their ......of the land of Mouza Badda, J.L. No.291 and since then the matter has been pending for decision before the Ministry of Land. That the original owners of the land had already refunded the compensation money on different dates to the Government as per direction of the Government but inspite of that th..Category: Property Law | Date: 9 Jan, 2008 | Hits: 20
Humayun Hossain Khan Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)
....ted. Artha Rin Adalat No.3, Dhaka is directed to dispose of the suit expeditiously. Communicate the Judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 513. ......ted Title Suit No. 15 of 2003 before the Court of Joint District Judge and Artha Rin Adalat No. 1, Dhaka against the petitioner on January 27, 2003 for realization of the loan along with the interest amounting to Taka 38,06,058 as on 31-12-2002 and also for other relief’s. The petitioner as de......ayer of the Bank. Defendant No.1 (petitioner) filed in the Adalat an application on 20-8-2004 under Order XIV, rule 2 of the Code of Civil Procedure (shortly, the Code) with a prayer to fix the total money payable to the Bank at Taka 11,50,000 by applying the provisions of section 47 read with secti..Category: Banking Law, Civil Law | Date: 8 Jan, 2008 | Hits: 9
Durga Prasad Singh Hazari Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....estions of law formulated in the negative and in favour of the assessee and against the respondent. No cost. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 397. ......estions of law formulated in the negative and in favour of the assessee and against the respondent. No cost. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 397. ......the subcontinent without any reference to any provision of the Ordinance. 20. Sub-section (7) of section 2 of the Ordinance defines the word, 'assessee' as a person by whom any tax or other sum or money as payable under this Ordinance and include amongst other every person in respect of whom any ..Category: Fiscal/Taxation Law | Date: 12 Dec, 2007 | Hits: 5
Fairdeal Marine Services, Fujairah, U.A.E Vs. M.V. PELEAS K and others, 2007, 36 CLC (HCD)
.... be executed at different times. I think, that the correct rule, and certainly the rule of convenience, is that a party having a right to execute a decree for money presently payable must enforce the whole decree at the same time." 12. The consequences of any attempt at a piecemeal executi......05. Judgment Syed Refaat Ahmed J.- This Execution Case arises out of Admiralty Suit No.37 of 1999 that was filed on 21.3.1999 for recovery of the outstanding payment of a bunker bill for an amount of Tk. 19,70,000.00, including interest and costs, and pertaining to the vessel M.V. PELEAS K....... Mr. Alam submits that the operating rule in this regard is formulated thus in the Panaji Case at pages 365 and 366: "........Under English law it is not permissible to levy execution of a money decree in different stages. It has been held that where there is only one judgment for a sum o..Category: Admiralty Law or Maritime Law | Date: 6 Dec, 2007 | Hits: 19
AKM Reazul Islam and others Vs. State, 2007, 36 CLC (HCD)
....যায়ী তদন্ত ও বিচার নিস্পন্ন করিতে হইবে। 24. The plain reading of Rule 12 gives an impression that the provisions of Cr.P.C. as a whole including sections 497 and 498 override the Rules, 2007 as sub-rule (2) of rule 12 is silent a......o.1, Lalpur, Natore to the satisfaction of the learned Chief Judicial Magistrate, Natore. Communicate this order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 111. ......বে। (underlines added by us) 34. The entire Rules, 2007 however, is silent as to whether any sanction of the government is necessary in respect of offences relating to corruption and money laundering as mentioned in rule 15. 35. Again the Rules 2007 is silent about granting bai..Category: Anti-Corruption Laws | Date: 3 Dec, 2007 | Hits: 139
....78,40,997.85 by crediting the sum to the Current Account of the petitioner.
Send down the lower court's record at once.
Ed.
This Case is also Reported in: 28 BLD (HCD) (2008) 18.
......odernization, Rehabilitation and Expansion (BMRE) under section 9(1)(Uma) of the VAT Act. Then, on the direction of respondent No.4, the Inspector, Customs, Excise and VAT, Demra Circle adjusted said amount of taka 78,40,997.85 in the Current Account Register on 28.02.01 resulting in the balance at ......78,40,997.85 by crediting the sum to the Current Account of the petitioner.
Send down the lower court's record at once.
Ed.
This Case is also Reported in: 28 BLD (HCD) (2008) 18.
..
Category: Fiscal/Taxation Law | Date: 26 Nov, 2007 | Hits: 9
Mrs. Zakia Doha Vs. Rajdhani Unnayan Kartipakha, 2007, 36 CLC (HCD)
....hout any order as to costs. 40. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 254. ......chnical Committee. Afterwards the RAJUK by its letter dated 22.04.2001 informed the added-respondent No.3 that his offer being the highest was accepted with a request to deposit the balance amount of Tk. 6,11,84,600/- by 21.05.2001 in the account of the RAJUK with Janata Bank, RAJUK Bhaban......of the properties. In response to the auction notice floated by the RAJUK, the respondent No.3 submitted a bid for purchase of the case property for a sum of Tk. 6,36,84,600/- along with earnest money of Tk. 25,00,000/- by a bank draft dated 28.03.2001 of the Standard Chartered Bank payabl..Category: Abandoned Properties Law | Date: 15 Nov, 2007 | Hits: 6
....omes due after such final assessment is paid in cash within a period of two months of receipt of this order.
Communicate at once.
Ed.
This Case is also Reported in: 27 BLD (HCD) (2007) 555.
...... transmit any statement, document, information or record etc. and such document or statement is untrue in any material particular.
43. Sub-section (2) on the other hand makes one liable to pay any amount by reason of any such document or statement as aforesaid or by reason of some collusion any d......omes due after such final assessment is paid in cash within a period of two months of receipt of this order.
Communicate at once.
Ed.
This Case is also Reported in: 27 BLD (HCD) (2007) 555.
..
Category: Fiscal/Taxation Law | Date: 17 Sep, 2007 | Hits: 66
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