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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. ......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 dated 13....... 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)
....7-2003. In the result, this Rule is discharged. Communicate this order at once. Send down the lower Court records. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 849. ......7-2003. In the result, this Rule is discharged. Communicate this order at once. Send down the lower Court records. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 849. ...... came to the place of occurrence. 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)
....find no merit in this Rule. Accordingly, the Rule is discharged without any order as to costs. The order of stay stands vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008)98. ......find no merit in this Rule. Accordingly, the Rule is discharged without any order as to costs. The order of stay stands vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008)98. ......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
Isahaque Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
.... the merits of the case and fixed formula can be adopted………………………………(63) 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 prosecutio......nswers given by the accused during such examination should be considered by the Court. The words, "it may be taken into consideration in such inquiry or trial" in section 342 (3) of the Code would amount to a legislative guideline for the Court to give due weight to such answers though it does n......e, who are already on bail by this Division, are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 354. ..Category: Criminal Law | Date: 16 Aug, 2007 | Hits: 9
State Vs. Tipu Gazi and others, 2007, 36 CLC (HCD)
....cated the accused. The deceased was not a person of immoral character. He was not addicted to Ganja. He denied the defence suggestion that he was removed from service. 35. We have placed above the whole of the evidence of the prosecution witnesses in material particulars. We have noticed that the...... 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. ......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
Mrs. Fatema Begum Vs. State, 2007, 36 CLC (HCD)
....om the date of receipt of this order in accordance with law after giving opportunity of hearing to the complainant petitioner. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 502. ......morning accused oppositiminate blows on her with a ramdao, chapati and causing grievous injuries on her person. When Md. Goni Mia mentioned as witness in ce parties came to the house and demanded the amount demanded by them as ransom for release of her daughter, which petitioner refused. At this the......om the date of receipt of this order in accordance with law after giving opportunity of hearing to the complainant petitioner. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 502. ..Category: Women and Children | Date: 13 Aug, 2007 | Hits: 21
Islam Enterprise Vs. Commissioner of Taxes and another, 2007, 36 CLC (HCD)
....ment but it contemplates all proceedings on which the assessment order is based and the Income-Tax Officer is entitled for the purpose of exercising his jurisdiction under section 35 to look into the whole evidence and the law applicable to ascertain whether there was an error. If he doubts the writ......r of Taxes acted illegally in disallowing substantial part of the justified expenses just on surmises and/or conjectures. 15. In Reference No.212 of 2002 he also submitted that the rejection of an amount of Taka 2,50,000.00 by the Deputy Commissioner of Taxes out of the debt of Taka 16,42,374.00 ......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
....ny order as to costs. The order of stay granted at the time of issuance of the rule stands vacated.
Communicate the order at once.
Ed.
This Case is also Reported in: 14 MLR (HCD) (2009) 29.
...... Bankruptcy Court, Dhaka against the petitioner and 5others impleading her as defendant No.7 in that suit for declaration that the defendants are defaulters to the plaintiff bank for loan outstanding amounting to Tk.2,31,06,370.48 and are severally and jointly liable to be declared Bankrupts/insolve......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)
....d, as such, the same above the 6th floor is set aside. In the result, the appeals are allowed in part without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 28. ......proaches the Rangs Bhaban with a speed exceeding 250-300 km/h, with 30% manoeuvrability, the risk of the aircraft colliding with the building increases significantly. Any such collision with the amount of jet fuel that is carried on board would not only destroy the building but also other build...... 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
Shaikh Md. Mahmud Hossain and others Vs. Md. Abdur Razzaque and others, 2007, 36 CLC (HCD)
....t Satkhira is hereby upheld and maintained. Let a copy of this judgment along with the lower Court's records be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 177. ......t Satkhira is hereby upheld and maintained. Let a copy of this judgment along with the lower Court's records be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 177. ......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)
....llip;……..(25) In a criminal case it is the duty of the court to review the entire evidence that has been produced by the prosecution and the defence. If after an examination of the whole evidence, the court is of opinion that there is reasonable possibility that the defence put fo...... in any other case. Send down the LCR along with copy of the judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 147,29 BLD (HCD) (2009) 386. ......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)
.... at once. The defendants are restrained permanently from interfering with the peaceful possession of the plaintiff in the suit. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 873. ......iscellaneous Appeal No.85 of 1988. By order dated 12-12-88 the parties were directed to maintain status quo. That order of status quo having had been made on the prayer of the plaintiff that tantamounts to injunction. The P.W.1 himself deposed in support of possession. He paid rent vide Exhibit......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)
....ellaneous Case No.50 of 1998 is hereby affirmed. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 353. ......ellaneous Case No.50 of 1998 is hereby affirmed. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 353. ......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)
....on of the Corporation. With the above observation, this Rule is disposed off. There will be no order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 927. ......on of the Corporation. With the above observation, this Rule is disposed off. There will be no order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 927. ......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
Dominous Pizza and others Vs. Domino's Pizza Inc., 2007, 36 CLC (HCD)
....posed by that section. The City Civil Court not being a District Court or a Court superior to a District Court within the meaning of section 73 has no jurisdiction to entertain such a suit taken as a whole. The view expressed in this case is also not exactly the same as in our case where admittedly ......s; (a) A decree may kindly be passed in favour of the plaintiff and against the defendants declaring that the trade mark and business name 'Dominous Pizza', being used by the defendants, amounts to infringement of plaintiffs' trade mark 'Domino's Pizza' and that the defe...... The office is directed to send a copy of this Court to the concerned Court positively within a period of 60 days from date. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 780. ..Category: Intellectual Property Law | Date: 26 Apr, 2007 | Hits: 91
Tabibullah and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....pposite parties is allowed. Petitioners are added as eighth-fifteenth opposite parties in Civil Revision case. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 46. ......hat the petitioners of the petition as allotters of Government were allotted 0.75 acres of property from Industrial Plot No. 190 appertaining to Cadastral Survey Plot N.428 and they deposited a total amount of Taka 5,66,375 + 61,83,625 - 67,50,000.00 as lease money and Government executed and regist......nt were allotted 0.75 acres of property from Industrial Plot No. 190 appertaining to Cadastral Survey Plot N.428 and they deposited a total amount of Taka 5,66,375 + 61,83,625 - 67,50,000.00 as lease money and Government executed and registered lease deed in favors of petitioners and petitioners got..Category: Procedural Law | Date: 4 Apr, 2007 | Hits: 32
....n, the learned Advocate appearing on behalf of the auction purchasers, (respondent Nos.5 and 6 in Writ Petition No.3016 of 2004 and petitioners in Writ Petition No.5961 of 2004) submits that the whole submission of Mr. Hossain is suffering from misconception of law. Because, the decree holder b...... that the petitioner bank instituted Title Suit No.32 of 1996 in the Artha Rin Adalat No.3, Dhaka against respondent Nos.2, 3, 4 and others as defendants for realisation of outstanding dues amounting to Tk. 16.69,449.23 as on 31.12.95 and other necessary reliefs. The suit was ultimately he......etary interest in the mortgaged property. The said Rule was contested by the present respondents Nos.5 and 6 wherein, it was categorically stated that the bid was duly accepted and confirmed; the bid money was fully paid up by the purchasers whereupon the sale certificate has already been issued and..
Category: Banking Law | Date: 12 Mar, 2007 | Hits: 6
Safazuddin and another Vs. State, 2007, 36 CLC (HCD)
....ond furnished by him stands discharged/cancelled. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 321, 13 BLC (HCD) (2008) 271. ....... 5. Rape had been defined in section 375 of The Penal Code. A stringent Legislation, Nari-O-Shishu Nirjatan Daman (Bishesh Bidhan) Ain (Shortly the Ain of 1995) had been enacted in 1995. The paramount object of The Ain was to punish deterrently the offenders in respect of women and children in......ond furnished by him stands discharged/cancelled. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 321, 13 BLC (HCD) (2008) 271. ..Category: Women and Children | Date: 28 Feb, 2007 | Hits: 75
Md. Afazuddin Vs. Md. Ataur Rahman & another, 2007, 36 CLC (AD)
.....50,000/- (fifty thousand) as further soletium in favour of the appellant within 3(three) months from the date of receipt of the copy of the judgment. Ed. This Case is also Reported in: ......credit of defendant No.1, Afazuddin a sum of Tk.1,50,000/- as soletium over and above Tk.1,15,000/- the balance consideration money within 3(three) months from the date of judgment and on receipt the amount both balance consideration money and soletium, the defendant No. 1 would execute and regist......ort, is that the defendant No. 1 entered into an agreement with him to sell the suit property at a consideration of Tk. 1,20,000/- and on receipt of Tk.5,001/- from the plaintiff as earnest money the defendant No.1 executed a bainapatra in favour of the plaintiff on 19.02.1985. There ..Category: Contract Law | Date: 7 Feb, 2007 | Hits: 272
State Vs. Shahid Javed Gaira @ Garib Miah and others, 2006, 35 CLC (HCD)
....over property and pending civil suits. 8. The informant, Rokeya Begum, wife of the victim Gazi Liakat Hossain deposing as P.W.1, narrated the prosecution story as detailed above. She witnessed the whole occurrence from the time when her husband was chased by the accused to his being shot by them ......mmissioner, Dhaka for taking necessary steps as directed in the body of this judgment. Send down the lower Court records at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 198. ...... as plaintiff, had filed a Civil Suit No.230 of 2002 against her. She stated that a false case had been filed against her husband because she was a witness in this case and denied having received any money as payment for sale of land. 13. Abul Hossain, deposing as P.W.5, stated in his examination..Category: Criminal Law | Date: 29 Aug, 2006 | Hits: 31
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