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Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)
....issuance of certificate under section 4 of the Act itself shall be conclusive proof that the amount specified therein is due to the Bank and further determination is excluded under law. 7. Apart from the legal aspect as indicated above, we find that after the Manager of Bangladesh Krishi......Taka 4,5,81,646.00 and Taka 32,22,646.50 along with expenses being the claim of Bangladesh Krishi Bank. The General Certification Officer, Comilla issued notices in the certificate cases demanding payment of the aforesaid sum of money from respondent No.1 within 30 days from the date of receipt ......y lawful authority and are of no legal effect. 2. Respondent No.1, namely, Meghna Enterprises Ltd. a cold storage and Ice plant at Barkamta under Debidwar Police Station, Comilla applied for loan from Bangladesh Krishi Bank, Monoharpur Branch, Comilla against pledge of goods. Bangladesh Kr..Category: Business or Commercial Law | Date: | Hits: 150
....t Division correctly held:
Since there is no requirement of law to record reasons for taking cognizance we find no illegality in those orders on that court. Learned Advocates for the accused 1st party could not show any decision that reasons are to be recorded for taking cognizance but persiste......eived because he himself could set aside the order of the CMM which was actually prayed for.
All the petitions are dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 189.
......eived because he himself could set aside the order of the CMM which was actually prayed for.
All the petitions are dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 189.
..
Category: Business or Commercial Law | Date: | Hits: 163
Mokaddesh Mondal and Others Vs. State and Others, 1998, 27 CLC (AD)
....and observed that the charge-sheet was accepted including sections 326 and 307 of the Penal Code. At the end of the order, however, the learned Magistrate in consideration of the submission of the parties, directed that there should be further investigation in the case by an officer superior to ...... at the time of framing charge or even there-after. The petition is dismissed with observation as above. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 186. ...... at the time of framing charge or even there-after. The petition is dismissed with observation as above. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 186. ..Category: Criminal Law | Date: | Hits: 74
Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)
.... long order that the decision of the Inter-Ministerial meeting held on 17-11-79 had never been executed at all through any circular or Government order nor the National Board of Revenue which was a party to the said meeting issued any circular or Notification against standing circular No.9 II of...... In the Kerala case the assessee was obliged to pay certain amounts of its profits to the Government under an agreement. The question which fell for consideration of the High Court was whether the payment of the amounts to the Government is a diversion of profits by title paramount and whether t...... forthwith to the High Court Division for taking necessary steps in accordance with the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 165. ..Category: Fiscal/Taxation Law | Date: | Hits: 97
Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
....thorities and to supply them all necessary papers for the purpose of getting lease of the land. Accordingly all necessary information were supplied and papers shown to the Officer of the Railway Department in the locality. The Divisional Estate Officer informed the Chief Estate Officer of the Ba......Chief Estate Officer in his letter to the Secretary of the Unnayan Parishad communicated the decision of the Railway Administration to transfer 12 acres of land in favour of the Unnayan Parishad on payment of Taka 35,000.00 per acre, the total amount being Taka 4,20,000.00. Accordingly the plaint......wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ..Category: Administrative Law | Date: | Hits: 130
Sunil Chandra Mondal and others Vs. Narayan Chandra Shil & others, 1996, 25 CLC (AD)
....Ali, Advocate-on-Record-For the Appellants. Abdul Quayam, Advocate, (appeared with the leave of the Court) instructed by Shamsul Haque Siddique, Advocate-on-Record—For the Respondents. Ex-parte—For the Respondent Nos. 2, 4-7. Not represented—For the Respondent Nos. 8-42. Civi...... High Court Division was far from justified in upholding the order of amendment. The appeal is, accordingly, allowed with cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 148. ...... High Court Division was far from justified in upholding the order of amendment. The appeal is, accordingly, allowed with cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 148. ..Category: Procedural Law | Date: | Hits: 149
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
....injustices are perpetrated or are about to be perpetrated, where denial of interim relief will lead to public mischief, grave irretrievable private injury or shake a citizen’s faith in the impartiality of public administration. But short of these paramount considerations, interim order sho...... of the High Court Division issued Rule Nisi in the writ petition on 7-7-97 and passed an interim order directing the respondents of the writ petition to release the imported vehicles on receiving payment of duties and taxes on the invoice value without supplementary duties and development surch......pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ..Category: Criminal Law | Date: | Hits: 119
Khandoker Saiful Islam Vs. State, 1997, 26 CLC (AD)
....fence which occasions the exercise of the right is an assault which may reasonably cause the apprehension of either death or grievous hurt. The evidence in the case must be such that the informant party was carrying on or was about to carry on an assault of such nature. Carriage of weapons by th......o other point has been urged. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ......o other point has been urged. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ..Category: Criminal Law | Date: | Hits: 96
Cantonment Board Dhaka and another Vs. Sayeda Rahat Ara Quamrun Nahar and another, 1998, 27 CLC (AD)
.... Judgment Bimalendu Bikash Roy Choudhury J.- In this case, the dispute between the parties relates to Plot No.16 of the layout plan of the Cantonment Board, Dhaka. In the year 1961 o......90 but transferred it to Sayeda Rahat Ara Quamrun Nahar who prayed mutation of her name in all records of the Cantonment Board. The said Board, without allowing the prayer made a request to her for payment of Taka 6,99,899.00 to DGFI for maintenance costs of the house during its occupation. She ......sion. This petition is otherwise barred by limitation. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 124. ..Category: Property Law | Date: | Hits: 74
Sadaruddin Ahmed Chisty Vs. Bangladesh and others, 1998, 27 CLC (AD)
.... High Court Division in Criminal Miscellaneous Case No. 464 of 1994 ) Judgment Mustafa Kamal J.- This petition for leave to appeal by the petitioner is from the making the rule absolute in part in relation to two forfeited books and discharging the Rule in part in relation to six forfeite......ed to in sub-section (1) of section 99A. We therefore do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 119. ......ed to in sub-section (1) of section 99A. We therefore do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 119. ..Category: Others | Date: | Hits: 122
Nurul Islam (Md) Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain & ors., 1997, 26 CLC (AD)
....t arguments were made on behalf of the defendant that the plaintiff in collusion with the postal peon produced in court the postal acknowledgement receipt forging the signature of defendant thereon. Apart from this submission it does not appear from the judgment of the trial Court that the defendant......e, for the purpose of this Ordinance…………………………(12) The rent admittedly sent by money order for the month of March and April 1986 together so the defendant clearly defaulted payment for the month of March ’86 being not paid as contemplated within first week of the followi...... of reversal and is not sustainable in law. Accordingly, we allow the appeal without, however, any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 114. ..Category: Tenancy Law | Date: | Hits: 93
Atiqullah (Md) Vs. Sanawara Begum and others, 1998, 27 CLC (AD)
....etitioners have explained the delay satisfactorily we condone the delay. 2. Respondent Nos. 1 and 2 brought the suit for ejectment of the petitioner, a tenant of a shop room forming a part of a three-storied commercial building at Islampur Road, Dhaka on the ground of default in p......nt Nos. 1 and 2 brought the suit for ejectment of the petitioner, a tenant of a shop room forming a part of a three-storied commercial building at Islampur Road, Dhaka on the ground of default in payment of rents. The petitioner contested the suit on the plea that he had purchased 3 annas 17 Ga......ance in the contention of the learned Counsel for the petitioner. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 112. ..Category: Property Law | Date: | Hits: 69
Major (Retd) Ashrafuddin Sekander & Bernhard Rudigar and another Vs. State, 1998, 27 CLC (AD)
....wo foreigner-appellants pleaded guilty to the charge but the appellant Airport Manager pleaded not guilty. His defence was, first, one of denial and further that whatever he did on the occasion was part of his ordinary official duty and that sometime he had to receive and help incoming passengers......ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 108. ......ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 108. ..Category: Criminal Law | Date: | Hits: 130
Subash Chandra Das & ors Vs. Bangladesh, 1994, 23 CLC (AD)
....in that behalf to determine as to whether the proceeding stood abated under section 12. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 106....... of the Ordinance is essential for the application of the section 12 thereof. He submits that there is further error apparent on the face of the record is not considering that the period required for payment/deposit of the compensation money under section 10 is to be calculated from the date of the ......in that behalf to determine as to whether the proceeding stood abated under section 12. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 106...Category: Property Law | Date: | Hits: 89
Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)
....is appeal by the plaintiff-appellant by leave is from the judgment and decree of a Division Bench of the High Court Division passed in First Appeal No. 126 of 1995 on 2-12-96 allowing the appeal in part and modifying the decree of the trial Court. First Court of Subordinate Judge, Khulna passed i......the suit of the appellant in full for an amount of Taka 2,35,17.569.00 being the price of 4231 master cartons of damaged shrimps and prawns with Costs against respondent Nos. 1-2 and also directed payment of interest on the decretal sum in terms of section 47B of the Insurance Act, 1938. ......azar Khulna established in 1986 and the appellant has been engaged in processing, storing and exporting shrimps and prawns to foreign countries. For carrying on the business, the appellant obtained loans from respondent bank against pledge and hypothecation of shrimps and prawns kept in the cold ..Category: Business or Commercial Law | Date: | Hits: 147
Fatema Bibi Vs. Sree Manik. Lal Somaddar & others, 1995, 24 CLC (AD)
....appellate Court held that the under section 96 of the State Acquisition Tenancy Act was not maintainable as the land under pre-emption was non-agricultural land and pre-emptor was the owner of part of same plot No-991 under khatian No.179 as she purchased land from plot No. 991 with referen......ity of the application for pre-emption the same calls for no interference. These petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 97. ......ity of the application for pre-emption the same calls for no interference. These petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 97. ..Category: Property Law | Date: | Hits: 51
Golam Moula and others Vs. Gourpada Das and others, 1997, 26 CLC (AD)
....ossession in certain land. The case of the plaintiff briefly, is that the land in suit belonged to one Pagal Rishi. Nimai Chand took lease of the said land from Pagal Rishi by means of a registered parts dated 13 February 1952. On the death of Nimai Chand the plaintiff who happens to be his only ......the plaintiff, that the defendants failed to substantiate their claim of auction purchase and also possession in the disputed land and that the plaintiff has been in possession of the said land on payment of rent. 5. The contesting defendants took an appeal being Title Appeal No. 30 of 1......ts. We find no reason to interfere judgment of the High Court Division. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 95. ..Category: Property Law | Date: | Hits: 49
Enjaheruddin Mia alias Md. Enjaheruddin Mia Vs. Mohammad Hossain and others, 1998, 27 CLC (AD)
....t Judgment July 31, 1997. Result: The petition is dismissed. The Specific Relief Act, 1877 (I of 1877), Section 42 The plaintiff not asking for further relief of joint possession or partition as co-sharer of the defendant (as claimed by the plaintiffs), the plaintiff not having exc...... appellate Court. The impugned judgment of the High Court Division thus, does not call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 84. ...... appellate Court. The impugned judgment of the High Court Division thus, does not call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 84. ..Category: Property Law | Date: | Hits: 93
Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others, 1997, 26 CLC (AD)
....arrange his investiture under Regulation 48 of the said Regulations. 2. It was the case of the writ petitioner (appellant herein), Aung Shwe Prue Chowdhury that Bandarban Hill Tracts District and part of Rangarnati Hill Tracts District are inhabited by the tribal people of Bohmong circle who hav......gladesh Gazette on 21-11-96 is declared to have been made and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 73. ......gladesh Gazette on 21-11-96 is declared to have been made and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 73. ..Category: Civil Law | Date: | Hits: 203
Golam Sarwar (Md) & others Vs. Md Liakat Ali and others, 1997, 26 CLC (AD)
....te Court, We do not find any legal infirmity in the impugned judgment which calls for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 67. ......i then transferred the suit land by 3 registered kabalas to the contesting defendants and since purchase, they have been possessing the suit land by mutating their names in the relevant record and on payment of rent to the Government. 4. On consideration of the testimonies of 4 PWs and 5 DW5 an......te Court, We do not find any legal infirmity in the impugned judgment which calls for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 67. ..Category: Property Law | Date: | Hits: 74
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