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Humayun Hossain Khan Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)
.... the aforesaid provisions it is clear that provisions of section 47 are relating to institution of the suits. By this section an embargo was imposed on the financial institutions not to file any suit claiming an interest which exceeds 200% (100 +200=Taka 300) than the actual loan from the date of co......lenged the legality of Order No. 29 dated 4-10-2004 (Annexure-G) passed by the learned Judge of the Artha Rin Adalat No.3, Dhaka in Artha Rin Suit No.32 of 2004 rejecting the prayer of the petitioner for disposal of the aforesaid suit by applying the provisions of section 47 of the Artha Rin Adalat ......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)
....r and now, dispose of it by this order. 3. In reference No.77 of 2001, original applicant Durga Prasad Singh Hazari as an individual submitted his income tax return for the assessment year 1993-94 claiming income of taka 77,936.00 on the basis of self-assessment. In reference No.156 of 2007, h......ainst a common order dated 20.09.2000 passed by the Taxes Appellate Tribunal, Chittagong Bench at Chittagong in dismissing five appeals being ITA No.1948 to 1952 of 1999-2000 in respect of assessment for five assessment years 1993-94 to 1997-98. 2. As the assessee was the same in all the above re......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)
.....2005, this Court in its order dated 9.5.2005 noted that the said interest amount as computed till the date of filing of the Execution Case amounted to Tk. 11,33,562.50, thereby, leading to the total claim to amount to Tk. 31,03,562.50. The Bank Guarantee having, by that date, been already encashed ...... For the Opposite Party Nos.1-3. Execution Case No.02 of 2005. 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, includin....... 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)
....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. ......J.- All these Rules except the one in Criminal Miscellaneous Case No.12489 of 2007 involve an important and common question of law, namely authority of this Court to grant bail in cases where First Information Report (shortly FIR) have been lodged with allegations of some form of corruption, but inv......‡à¦¬à§‡à¥¤ (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
....er is stated to be a public limited company and incorporated under the Companies Act, 1913. The petitioner has got an industry at Demra Industrial Area, Dhaka on an area of 10.05 acres of land. It is claimed to have got only fully automated and continuous process glass container and glass bulb shell......o have got only fully automated and continuous process glass container and glass bulb shells manufacturing plant specially built to meet the glass bottles requirement of the pharmaceutical industries for life-saving drugs and medicines and other industries using bottles and jars, such as insecticide......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)
....e property from the 'Ka' list of abandoned buildings which was published in the official Gazette on 23.09.1986. The Court of settlement by its judgment and order dated 25.11.1996 rejected the claim of the petitioner on the grounds, inter alia, that the gift was not acted upon and that 30 day......spondents as to why the impugned judgment and order dated 25.11.19.96 (Annexure-J) passed by the 1st Court of Settlement, Segun Bagicha, Dhaka (respondent No.1) rejecting the prayer of the petitioner for release of the property situated at NER-14, Road No.84, Gulshan, Dhaka from the 'Ka' lis......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
.... dishonest valuation, the customs authority suffered loss of taka 6,42,62,862.42 in revenue.
5. Against the application the petitioner on 20.11.95 filed an affidavit-in-opposition denying what was claimed therein and reiterated what were stated in the writ petition. On 15.11.07 the application wa......2005.
Judgment
Mohammad Abdur Rashid J.- In the above Rule Nisi legality of three CRF certificates issued on 20.10.05 in respect of the imported sugar was challenged and a direction was sought for assessment of said goods on the basis of invoice value as normal/ transaction value.
2. The p......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
M. A. Jaher and others Vs. Sonali Bank and others, 2007, 36 CLC (HCD)
....r before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 64. ......f order No.49 dated 16.6.2004 issuing warrant of arrest against the writ petitioners passed by the Artha Rin Adalat No.1, Bhola in Artha Rin Execution Case No.6 of 2001. 2. The facts relevant for disposal of this rule, in short, are that the respondent No.1, Sonali Bank, Bhola Branch filed ...... 2. The facts relevant for disposal of this rule, in short, are that the respondent No.1, Sonali Bank, Bhola Branch filed Artha Rin Suit No.5 of 1998 against the petitioners for recovery of loan money amounting to Tk. 1,02,69,058/41. That suit was decreed exparte by the judgment and order dat..Category: Civil Law | Date: 11 Sep, 2007 | Hits: 6
Nazir Hossain (Md.) Vs. Zubaed Md. Adel and others, 2007, 36 CLC (HCD)
....ime of occurrence, as such, the learned Judge committed no illegality in acquitting the opposite parties. Learned AdvoÂcate further submits that, prosecution mostly relied of P.W.2, Md. Mintu and claimed to be the star witness but his name was not mentioned even by the informant at the time of ......te Parties. Syed Haider Ali, Deputy Attorney-General - For the State. Criminal Revision No.1333 of 2003. Judgment Sharifuddin Chaklader J.- This Rule, at the instance of the informant, under section 439 of the Code of Criminal Procedure, directing against the judgment and or...... came to the place of occurÂrence. This witness stated that deceased Kamal was a producer of Film Industry and also a businessman of hide and skin and was a losing businessman. Kamal used to give money for film making and he did not know that there was any dispute over accounting of such money...Category: Criminal Law | Date: 5 Sep, 2007 | Hits: 8
Mosharraf Hossain (Md.) Vs. Bangladesh Bank and another, 2007, 36 CLC (HCD)
....2001 (vide Annexure-G to the writ petition) that the petitioner admitted the first allegation brought against him. The petitioner had also admitted about violation of FE Circular No.18 of 2001 but he claimed that he did not receive the copy of FE Circular No.18 of 2001 as a result of which he could ......-2001 issued by the Deputy Director, Bangladesh Bank (respondent No.3) under Memo No. Boi Mu Ni (Aba)144/10/2001-2250 cancelling Money Changer Licence of the petitioner. 2. Salient facts necessary for disposal of the Rule are as under: 3. The petitioner is the Proprietor of James Money Change......p of the aforesaid facts and circumstances, the petitioner filed this writ petition and obtained the Rule. 5. The respondents opposed the Rule by filing an affidavit-in-opposition denying that the money changing business is guided only by the directions and conditions affixed by FE Circular No.2 ..Category: Banking Law | Date: 3 Sep, 2007 | Hits: 403
State Vs. Tipu Gazi and others, 2007, 36 CLC (HCD)
.... once, if not wanted in any other connection. Send down lower tribunal records along with a copy of this, judgment expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 516. ......enal Code and sentenced them thereunder to death by hanging subject to confirmation by the High Court Division and made the reference to this Court under section 374 of the Code of Criminal Procedure for confirmation of the said sentence. 3. Being aggrieved by the impugned judgment and order of c......e deceased at the place of occurrence on the following day or that he had no capacity to speak. He stated that he, his mother P.W.4 Lal Banu, her husband (P.W.1 Mokbul Gazi) and the deceased received money from accused Sikandar by mortgaging their lands on different dates. He denied the defence sugg..Category: Criminal Law | Date: 15 Aug, 2007 | Hits: 26
Islam Enterprise Vs. Commissioner of Taxes and another, 2007, 36 CLC (HCD)
.... of Islam Enterprise and Islam Builders were presented in similar facts and circumstances. 2. In Reference No.211 of 2002, the applicant submitted income tax return for the assessment year 1996-97 claiming a loss of Taka 1,03,600.00. Then, he submitted a revised return claiming a loss of Taka 47,...... applicants, who are proprietors of Islam Enterprise and Islam Builders were presented in similar facts and circumstances. 2. In Reference No.211 of 2002, the applicant submitted income tax return for the assessment year 1996-97 claiming a loss of Taka 1,03,600.00. Then, he submitted a revised re......e applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 425. ..Category: Fiscal/Taxation Law | Date: 9 Aug, 2007 | Hits: 31
....dent No.4 in this writ petition. The petitioner stated in the writ petition that on 18.10.1999 the receiver came to her house and on that date the petitioner for the first time came to know about the claim of the bank as well as the Judgment and decree dated 13.09.1999 passed by the learned Addition......
Result:
The rule is discharged.
Application of writ jurisdiction in cases under the Bankruptcy Act, 1997
The writ jurisdiction is not maintainable in cases under the Bankruptcy Act, 1997 for two reasons- Firstly, the Bankruptcy Act, 1997 is a special law and special provision is provide......d decree passed by the Bankruptcy Court. Secondly, whether notices/summons were properly served or not or whether the petitioner was a guarantor/a mere shareholder of the borrower company or borrowed money from the bank or not which are disputed question of facts and for which remedy lies in the Civ..
Category: Banking Law | Date: 9 Aug, 2007 | Hits: 565
Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)
....ith a copy of the above letter addressed by the Air HQ to the RAJUK and requested the writ-petitioners to stop further construction of the building and to obtain clearance from the Air HQ. It is also claimed and asserted that when they requested the writ-petitioners, construction of the building up ......esented by its Managing Director, Md Ansar Ali, (4) Mrs Salima Bansaid, wife of M Ghulam Faruq, Director SQ Group S Co Cement Limited, repreÂsented by its Managing Director, and (5) Md Sirajul Haque for impleading them as added respondent Nos.6, 7, 8, 9 and 10 alleging purchasers of respective floo...... under section 3 of the Building Construction Act, 1952, briefly, the Act. On getting the sanction, the writ-petitioners started construction as per sanctioned plan. As the construction involved huge money, the writ petitioners mortgaged the said land to a bank and took loan. Out of 22 floors 16 flo..Category: Property Law | Date: 2 Aug, 2007 | Hits: 114
....rately and all the statement in
respect of gift are concocted and false and not acted upon. The plaintiff is
not in possession in the excess land of Rabindra Lal Ghose and he has no title,
can not claim the property as it is beyond 100 bighas as per P.O. 98 of 1972 and the suit is maintainable an......irected against the judgment and decree dated 28.9.1983 passed by the Subordinate
Judge, Sirajganj in O.C. Suit No.94 of 1981 dismissing the suit on contest.
2. The plaintiff
instituted a suit for a decÂlaration of his title and further declaration that
the plaintiff is maintaining his fami......the appeal.
Consequently the appeal is dismissed without any order to cost.
Send down the lower
court records at once.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 498.
..
Category: Property Law | Date: 7 Jun, 2007 | Hits: 6
Shaikh Md. Mahmud Hossain and others Vs. Md. Abdur Razzaque and others, 2007, 36 CLC (HCD)
....y in favour of the plaintiffs by the Will in the year 1968 and for arguments sake if it is accepted to be true even then the plaintiff No.1 and the father of the plaintiff Nos. 7 and 9 has waived any claim if there be any including themselves as a member of the School Managing Committee in the donor......ent and decree dated 26.9.1989 in Title Suit No.79 of 1986 passed by the Assistant Judge, Upazilla Shyam Nagar, District Satkhira dismissing the suit has been called in question. 2. Facts relevant for the purpose of disposal of the rule in short, are that the petitioners as plaintiffs instituted ......ool building situated in the extreme saline area got dilapidated and in consideration of the safety of the pupils the School was shifted to the nearby Moktab house. The government has sanctioned some money for repair of the School building, but the defendant school authorities instead of repairing t..Category: Property Law | Date: 6 Jun, 2007 | Hits: 27
Roni Ahmed Liton @ Liton Ahmed Roni Vs. State, 2007, 36 CLC (HCD)
.... accused appellant and that Medical Report shows that the age of the victim appears to be in between 21 and 22 years who was pregnant at that time of examination. She further submits that the defence claims that marriage was solemnised between them and a daughter was born in their wedlock; that the ......s always rests on the prosecution and on its failure; it cannot fall back upon the evidence adduced by the accused in support of its defence to rest its case solely thereon. In a criminal case, it is for the prosecution to bring the guilt home to the accused. The fundamental and basic presumption in......ndition that the accused will give 5 Kader of land to the victim Tohura. P.W. 9 Abdul Majid deposed that salish was held under the Chairmanship of Jonayed Manir (Prodip) and it was settled that dower money will be fixed at Taka 60,000 and 5 Kader of land will be given to the accused. P.W. 11, Idris ..Category: Women and Children | Date: 3 Jun, 2007 | Hits: 14
Shamsur Rahman Khalifa Vs. Jagodish Chandra and Others, 2007, 36 CLC (HCD)
....that money was not returned to the plaintiff within the stipulated period. After expiry of the stipulated period the plaintiff got his name mutated and paid rent. The defendant Nos. 6-7 gave up their claim which accrued to them on the basis of agreement dated 16-11-1959 and there accrued absolute ti......of 1999 dismissing the appeal and affirming those dated 17-1-1999 passed by the learned Assist ant Judge, Chitalmari, Bagerhat in Title Suit No.217 of 1985 dismissing the suit. 2. Facts relevant for disposal of the Rule are that the suit land belonged to defendant Nos. 6 and 7 who sold the suit......ntiff executed and registered an Ekrarnama on that date, that is on 16-11-1959, admitting that he would reconvey the said land in favour of the defendant Nos. 6 and 7 if they refunded back the Kabala money within 10 years. For the mistake of the deed writer the name of mouza of the transferred land ..Category: Property Law | Date: 27 May, 2007 | Hits: 9
S. M. Rafiqul Islam Vs. Md. Monjurul Islam, 2007, 36 CLC (HCD)
....0 of 1998 should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule are that the petitioner claiming himself to be a tenant under the opposite party in the alleged suit premises submitted an a...... Judge, Sadar, Rangpur in Miscellaneous Case No.50 of 1998 should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule are that the petitioner claiming himself to be a tenant under the opposite ......es and Rent Control Act reads thus:- "19. Deposit of rent by the tenant in certain circumstance.- (1) When a landlord refused to accept any rent referred to in section 18 remitted by postal money order by a tenant in respect of any premises, tenant may- (a) deposit such rent within a ..Category: Tenancy Law | Date: 3 May, 2007 | Hits: 149
Mohan Meah Vs. Dhaka City Corporation Mayour, Dhaka, 2007, 36 CLC (HCD)
....ision for allotment of shops by the Dhaka City Corporation. 3. One case namely Writ Petition No.32 of 1987, filed by Hawkers' Plaza Government Market Baboshayee Samity of which the petitioner claims to be a member, was decreed in compromise between the parties stating, inter alia, that 424 ......orded in Writ Petition No.32 of 1987 and Writ Petition No.372 of 1989 respectively and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts relevant for the disposal of this Rule is, that in 1983 Dhaka City Corporation took over the management of m......e did not appear any where either in the agreement or in the Writ Petition itself. It has however, been stated that the petitioner applied for a shop and the Dhaka City Corporation accepted salami money from him and decided to allot a shop to him. Accordingly, after construction of the D block ..Category: Civil Law | Date: 29 Apr, 2007 | Hits: 2
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