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Narayan Chandra Saha and another Vs. Jatindra Chandra Saha and others, 1999, 28 CLC (HCD)

....on contending, inter alia, that no relief was prayed for in the suit against the said opposite parties and that the appellate Court had no authority to accept such written statements that there is no provision in the Code as to whether the ‘answer to the appeal’ should be oral or written. In suc......he petitioner as plaintiff for a declaration that the notice dated 06-02-82 issued by the vested property authorities asking him to surrender the possession of schedule-B land is illegal, without any lawful authority and not binding on him. The suit was contested by opposite parties Nos.3 and 4 and ..

Category: Procedural Law | Date: | Hits: 66

Abdus Sattar and others Vs. International Finance Investment and Commerce Bank Ltd., 1999, 28 CLC (HCD)

....ed that his client has already deposited 50% of the decretal money amounting to Taka 8,37,229.01 only before the trial Court on 5-4-99 and this deposit may be accepted as sufficient compliance of the provision of section 7 of the Artha Rin Adalat Ain. Admittedly the decree was passed on 30-11-98 and......., reported in 1 (1992) BC 487. The learned Advocate contends that these two decisions indicate that in Banking transactions Bank-guarantee may be construed cash money and following the principles of law enunciated in these two decisions he submits this Memorandum of Appeal may be accepted as there ..

Category: Banking Law | Date: | Hits: 108

Anwar Karim and others Vs. Bangladesh Bank and others, 1999, 28 CLC (HCD)

....n section 2(ga) and restriction on the director of a defaulter company from transferring his shares and resigning from directorship without the permission of the creditor bank under section 27 Ka and provisions of section 27 (Ka) (Ka) regarding list of defaulting borrowers submitted that transfer of......reau) report of Bangladesh Bank for the liability of the respondent No.5, Jaba Textile Mills Ltd. under Borrower Code No.9187 (Annexure-A1 and A2) should not be declared to have been made without any lawful authority and of no legal effect. 2. Learned Advocate for the petitioners after placing th..

Category: Banking Law | Date: | Hits: 121

Oram Limited Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka, 2000, 29 CLC (HCD)

....d between the petitioner and the brand owners of the products namely Reckitt and Colman Bangladesh Limited, as well as for itself. The petitioner is also registered as manufacturer under the relevant provision of the Value Added Tax (VAT) Act, 1991 and is doing business on regular payment of VAT as ......he impugned decisions and demand contained in letter dated 7-7-97 and 14-7-1997 (Annexures-C and C-1) and also in letter dated 11- 4-2000 (Annexure-H) should not be declared to have been made without lawful authority and is of no legal effect and/or pass such other or further order or orders as to t..

Category: Fiscal/Taxation Law | Date: | Hits: 91

Government of the People’s Republic of Bangladesh and others Vs. Md. Jahangir Ali and Another, 2001, 30 CLC (HCD)

....wn a copy of this judgment to the learned District Judge, Kurigram and Deputy Commissioner, Kurigram for taking necessary action accordingly. Ed. This Case is also Reported in: 53 DLR (2001) 365.......any willful negligence of the petitioner and if delay is not condoned the petitioners will suffer irreparable injuries. In support of his arguments the learned Assistant Attorney-General cited a case law reported in 1986 BLD (AD) 180, Bangladesh Vs. Jaheruddin and 1 BLC 105 Government of Bangladesh ..

Category: Procedural Law | Date: | Hits: 88

Abdur Rahman and others Vs. Md Shamsul Huq and others, 2000, 29 CLC (HCD)

....been treated as one under section 153 of the Code of Civil Procedure. Mr. Rahman further submits that misdescription of the cause title could not be a bar in granting proper relief by invoking proper provision of law. 5. Mr. Md. Mahbub Ali, the learned Advocate appearing for the opposite party No......defendants moved this Court and obtained the present Rule. 4. Mr. M Enayetur Rahim the learned Advocate appearing for the petitioners submits that the learned District Judge, committed an error of law in rejecting the application holding that Miscellaneous Case No.13 of 2000 is not an original pr..

Category: Procedural Law | Date: | Hits: 86

Meghna Petroleum Marketing Co. Ltd. and others Vs. MF Limited and others, 2001, 30 CLC (HCD)

.... before the Subordinate Judge, whether the plaintiffs were entitled to money decree for realisation of the amount of octroi dues payable by the defendants No.1-2 and 3 to the plaintiffs including the provisional amount of Taka 5(five) lac according to the accounting, calculation and assessment to be......troleum Marketing Co. Ltd. and others……………Appellants Vs. MF Limited and others...............Respondents Judgment May 7, 2001. Lawyers Involved: Md. Abdus Samad, Bar-at-law with Mustafa Adil, Advocates—For the Appellants. Md. Ozair Farooq with Sadikun Naher, Advoc..

Category: Fiscal/Taxation Law | Date: | Hits: 91

Md. Tariqul Islam Vs. State, 2009, 38 CLC (AD)

....inst the accused persons including the convict-petitioner under Section 9(4) (kha) of the Nari-O-Shishu Nirjatan Daman Ain, 2000. The charge was framed against the accused-peti­tioner under the same provision of law. 4. The defence case is that the accused-petitioner is innocent and he has been ......sed persons including the convict-petitioner under Section 9(4) (kha) of the Nari-O-Shishu Nirjatan Daman Ain, 2000. The charge was framed against the accused-peti­tioner under the same provision of law. 4. The defence case is that the accused-petitioner is innocent and he has been falsely impli..

Category: Criminal Law | Date: | Hits: 56

Haji Nurul Islam Vs. Maina Miah and others, 2010, 39 CLC (AD)

....rder passed by the High Court Division and hence we do not find any merit in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 620. ....... We are of the view that it would be fair if both the applica­tions are placed before Respondent No.6 along with all relevant docu­ments and reports for his perusal and decision in accordance with law." 4. Accordingly the matter was considered by the Ministry of Commerce and as the aforesaid t..

Category: Others | Date: | Hits: 74

Md. Alimuddin and others Vs. Alhaj Md. Abu Daud, 2010, 39 CLC (AD)

.... rightly held that there was no illegality in decreeing the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 608. ......d plot No. 246 and are possessing the suit land constructing dwelling house and shops and the defendants with 5-6 persons tried to enter and dispossess the plaintiff on 05.09.2001. The defendants are law break­ers as well as powerful with sufficient manpower. They may dispossess the plaintiff from ..

Category: Property Law | Date: | Hits: 36

Amal Chandra Dhupi @ Das and others Vs. Lakshan Chandra Das and others, 2010, 39 CLC (AD)

....ossession decreed the suit. Learned counsel further contended that the learned Judge of the High Court Division erred in law in failing to advert to the point involved in the suit that in view of the provision of sections 89 and 181 of the Bengal Tenancy Act, the plaintiffs can not acquire any title...... affirmed those of the Court of appeal below. 6. Mr. M. M. Abdul Quayum, learned coun­sel appearing for the petitioners contended that the learned Single Judge of the High Court Division erred in law in affirming the judgment and order of the Court of appeal below in failing to consider that the..

Category: Property Law | Date: | Hits: 27

Md. Helal Uddin and others Vs. M. A. Jakir and another, 2010, 39 CLC (AD)

....rightly affirmed the judgments of the Courts below. We, therefore, find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 604....... the holding after pur­chase, the pre-emptors are not entitled to pre-empt the case holding as they arc not the co-sharers by purchase and thus, the learned Judge of the High Court Division erred in law in maintaining the judgments of the Courts below allowing pre-emption. He further submitted that..

Category: Property Law | Date: | Hits: 22

Alekjan Bewa and others Vs. Arefa Bewa and others, 2009, 38 CLC (AD)

....the above, we find no merit in the contention of the learned counsel for the petitioners. The petition is therefore, summarily dismissed. Ed. This Case is also Reported in: VII ADC (2010) 593.......th the prayers made by the learned Advocates for the parties. 6. Learned counsel appearing for the plain­tiffs-petitioners argued that the learned Single Judge of the High Court Division erred in law in directing the trial Court to allot saham in favour of the heirs of defen­dant No.20 in faili..

Category: Property Law | Date: | Hits: 23

Joynal Abedin Vs. Ali Azam Saibal and others, 2010, 39 CLC (AD)

....t of appeal below. I find no merit in the contention of the learned counsel for the petitioner. The application is therefore, dismissed. Ed. This Case is also Reported in: VII ADC (2010) 590.......ose of the trial Court by set­ting aside those of the Court of appeal below. 4. Learned counsel appearing for the peti­tioner contended that the learned Judge of the High Court Division erred in law in interfering with the judgment of the High Court Division in failing to notice that the plaint..

Category: Property Law | Date: | Hits: 21

Government of Bangladesh Vs. Md. Atiar Rahman Khan and others, 2010, 39 CLC (AD)

....ntially the same as contemplated in section 11 of the Code of Civil Procedure, 1908 and as such the trial court below came to correct finding that the plaint in Title Suit No.80 of 1988 is hit by the provision of Order 7 Rule 11 of the Code of Civil Procedure, 1908." The delay is condoned. Pre......d others. The said suit was decreed on 28 February, 1987 in favour of the respondents which was obtained collusively, and the petitioner on coming to know about the collusive decree removed the panel lawyer of the Vested Property authority, and thereupon, obtained the necessary papers and ascer­tai..

Category: Limitation Law | Date: | Hits: 149

National Board of Revenue Vs. Dulal Chandra Bhoumik, 2009, 38 CLC (AD)

....vision in Writ Petition No.8835 of 2008 is stayed till disposal of the appeal. The petitioners are permitted to add additional grounds. Ed. This Case is also Reported in: VII ADC (2010) 584. ......ndents to assess and release the goods imported by the petitioner under letter of credit No.222008010297 dated 15.07.2008 cov­ered under bill of entry No.C-112780 dated 22.10.2008 in accordance with law. 3. The writ petitioner stated in the writ petition that the petitioner applied for reg­istr..

Category: Fiscal/Taxation Law | Date: | Hits: 73

Gazipur Razzakia Janakallyan High School Vs. Govt. of Bangladesh, 2010, 39 CLC (AD)

.... contention of the learned counsel for the petitioner. There is no merit in this leave petition. The petition is therefore, dismissed. Ed. This Case is also Reported in: VII ADC (2010) 581. ......e riot in 1947 and he never returned back. Under such circum­stances, the suit pond vested in the Government as khas lands and according­ly it was recorded in M.R.R. khatian No.1 in accordance with law. The plaintiff has no right, title, and interest in the suit property. The alleged deed of gift ..

Category: Property Law | Date: | Hits: 26

Kanal Chandra Das being dead his heirs; Reba Rani and oth­ers Vs. Sree Nripendra Chandra Mandal and others, 2010, 39 CLC (AD)

....o prepare paper books out of Court in accordance with Rules. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 577. ...... and since the Court of Appeal below having misread the evidence the High Court Division ought to have looked into the matter and non-consideration of the said aspect the High Court Division erred in law. The learned Counsel further submitted that the since the trial Court having found the plaintiff..

Category: Property Law | Date: | Hits: 58

Surujit Bose (Raju) Vs. Bangladesh and others, 2010, 39 CLC (AD)

....he above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 552. ......ry as opined by the High Court Division is unnecessary for the purpose of considering the legality of the actions of RAJUK and therefore, the judgment of the High Court Division is not sustainable in law. 5. It appears that there is no mention of plot number either in Annxure-A or in Annexure-K. ..

Category: Property Law | Date: | Hits: 23

Md. Abdur Rouf Vs. Judge of Artha Rin Adalat No.1, Dhaka, 2010, 39 CLC (AD)

....in Adalt Ain, 2003. 6. The decree-holder bank filed an application dated 02.07.2008 praying for withdrawal of the original certified copy of the decree for filing second exe­cution case under the provisions of Section 28(3) of the Artha Rin Adalat Ain, 2003 and the prayer was allowed vide order ......id preliminary decree dated 23.03.1989 and final decree dated 11.05.1989. The respon­dent bank entered appearance in the aforesaid first appeal and the appeal was proceeding accordingly. The learned lawyer for the petitioner failed to take necessary steps for preparation of the paper book as per or..

Category: Civil Law | Date: | Hits: 73