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Displaying 641-660 of 978 results.
Sonali Bank Vs. Rana Oil Mill and ors., 1999, 28 CLC (HCD)
....nhanced to Taka 4 lac but the bank took away Taka 1,44,000.00 from this account to adjust overdue arrear of the IDA credit which they cannot do, but did it illegally. The cash credit limit account is completely a different loan account from IDA loan account. Cash credit limit loan has been advanced ...... defendant Nos.1 and 2 appeared and contested the suit by filing a joint written statement admitting taking the loan but contending that, there was no cause of action for filing the suit, the suit is barred by limitation and by estoppel, waiver and acquiescence and has been filed with bad motive. Th..Category: Civil Law | Date: | Hits: 85
Belal alias Bellal and 2 others Vs. State, 2001, 30 CLC (HCD)
....ion 164 of the Code of Criminal Procedure was recorded. He also stated that as he was transferred before completion of the investigation his successor Officer-in-Charge Abul Kalam Azad (not examined) completed the investigation and submitted charge-sheet against the accused-persons. In cross-examina......841 with sesame and set his journey from Thakurgaon to Bera and when reached near Garodangi Bridge under Chirir Bandar PS at about 11-30 PM 25/30 dacoits being armed with lathi, knife and torch-light barricaded the road by trees on the road, stopped the truck and assaulted the informant and his help..Category: Criminal Law | Date: | Hits: 83
Mobasher Hossain (Md) and others Vs. Saidur Rahman (Pvt) Ltd. and others, 2002, 31 CLC (HCD)
....case of Israil Vs. Shamsur Rahman 41 ILR Calcutta 436, Mookerjee J held as follows at page 444: “In the case before us, therefore, prima facie, the defendants should not be allowed to proceed to complete the building which they have erected. But the case for the plaintiffs is materially strengt......ejectment the landlord erected a wall during the pendency of the petition for temporary injunction filed by the tenant. Upholding the order of the learned Munsif, directing demolishing of the wall, Akbar, J held as follows: "...in this case when the application for temporary injunction was pendin..Category: Admiralty Law or Maritime Law | Date: | Hits: 188
Moyezuddin Sikder and ors. Vs. State, represented by the DC, Khulna, 2007, 36 CLC (HCD)
....e case of Secretary of State vs Mask and Co reported in AIR 1940 (PC) 105 where their Lordships of the judicial committee of the Privy Council, though dealing with a civil matter in connection with a complete ouster of civil Courts jurisdiction, has enunciated the principles relating to exclusion of......n with a non-obstante expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. Ed. This Case is also Reported in: 59 DLR (2007) 287. ..Category: Criminal Law | Date: | Hits: 50
Dhaka City Corporation and others Vs. Shamsur Rahman and others, 2007, 36 CLC (HCD)
....d to release the unused land and on the application of the plaintiff, the Ministry of Land by its memo dated 24-3-86 released 0.1482 acre of land in favour of the plaintiff and asked the DC, Dhaka to complete the process of release. When by an order dated 8-4-86 the plaintiff was asked to return Tak......owner of the suit land. 14. On the party pleadings, the trial Court settled five issues including, (1) Whether there was any cause of action for the suit?; (2)Whether the suit is barred by limitation? and (3) Whether the plaintiff has got right, title, possession or inter..Category: Property Law | Date: | Hits: 32
Md. Ali Haider & Ors. Vs. State and others, 1987, 16 CLC (HCD)
....fter the lapse of 2 years and 6 months of the occurrence were properly identified. 18. In this connection the learned Counsel for the defence urged that with the lapse of time the dead bodies were completely decomposed and as such it become totally un-recognizable and the evidence led by prosecut......d while he started plying his boat 3/4 persons aged about 15/16 years asked him to ferry back the boat and when he returned to the ghat, Darog Ali (now dead) asked those persons in the boat to disembark and at his order those persons disembarked from the boat and thereafter he left the ghat with..Category: Criminal Law | Date: | Hits: 30
Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)
....rices arc paid by this kind of L.C. and once goods are shipped on board the ship as per specification and as per terms and condition of credit by the seller the sale so far the seller is concerned is complete and he is to be paid. In the instant case it is in the L.C. that the Bill of exchange is to......dgment in the relevant portion of the judgment observed thus:- "We were referred to several authorities, and it seems to be plain that the opening of the confirmed letter of credit constitutes a bargain between the banker and the vendor of the goods, which imposes on the banker an absolute ob..Category: Business or Commercial Law | Date: | Hits: 209
State Vs. Mizanul Islam alias Dablu & another, 1987, 16 CLC (HCD)
....o enable him If he so chooses, to make statement of his own volition and absolutely free and voluntary statement according to the best dictates of his own inner conscience. The learned Magistrate was completely satisfied that the statement was true and voluntary. This satisfaction followed out of th......s hereby set aside and he is set at liberty forth with if not wanted in connection with any other case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58...Category: Criminal Law | Date: | Hits: 61
....edings in accordance with the provisions of the Act for no arbitration agreement nor award can be set aside, amended or modified otherwise than as provided in the Act itself. The Arbitration Act is a complete code for all purposes relating to arbitration. Section 30 provides for the grounds upon whi......s to and seeks to set aside a valid award, such suit cannot proceed under the provisions of section 34 of the Act.
13. Lastly, he submits that the suit as framed for setting aside a valid award is barred by the provision of section 32 of the Act as well as those of section 11 of the Act. Accordin..
Category: Civil Law | Date: | Hits: 101
Gazi Tayebur Rahman Vs. Saikh Md. Ali and others, 2002, 31 CLC (HCD)
....same trial court may by invoking the power under restore the Miscellaneous Case to its file and number upon setting aside the dismissal order to rectify the defects done by the Court's official to do complete justice and thereby to save the parties from further litigation in other provisions of the ......Code. He further submits that in not making the prayer for restoration of the miscellaneous case within time from its dismissal, the prayer of the pre‑emptees opposite party Nos. 1 and 2 has become barred by limitation. It is further submitted by him that the impugned order dated 21‑4‑96 being..Category: Property Law | Date: | Hits: 36
M Mojibul Haque Vs. DG, Bangladesh Bureau of Anti-Corruption & ors., 2001, 30 CLC (HCD)
....hed barracks, construction of 4 latrines, 2 bathrooms and installation of one deep‑tubwell with electric motor for estimated cost of Taka 3,79,495 and respondent No. 6 as contractor was required to complete the work within one month from the receipt of the work order. Since respondent No. 6 failed...... retirement, he was posted as the Commanding Officer of the 9th Armed Police Battalion, Khulna. The petitioner appointed respondent No. 6 as the contractor for the electrical wiring of two tin‑shed barracks, construction of 4 latrines, 2 bathrooms and installation of one deep‑tubwell with electr..Category: Anti-Corruption Laws | Date: | Hits: 138
....requisition in the eye of law. It is further stated that after the installation of Transmitter of Radio Bangladesh at Kabirpur the respondents did not require 417.40 acres of land, as the project was complete with only 200 acres of land. The remaining 417.40 acres of land became surplus. But even th......lker, within PS Kaliakair, District Dhaka now Gazipur belonged to Sreemati Hemangini Devi and Sree Shishir Mohan Chowdhury. Those two owners by 3(three) separate kabalas transferred the property to Akbar Ali Pramanik, Bhasani Pramanik, Dr Abdul Hamid and Md Mulfat Ali. While in peaceful possession t..
Category: Property Law | Date: | Hits: 31
Jahiruddin Ahmed Vs. Yasinuddin and others, 1998, 27 CLC (HCD)
....t it has no right to ignore the evidence on record and to resort to surmises and conjectures in reaching his conclusions. The procedure adopted by the learned Additional District Magistrate betrays a complete lack of application of the judicial mind into the facts and circumstances of the case and t...... after giving opportunities to the contending parties to represent their respective cases. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 97...Category: Criminal Law | Date: | Hits: 30
Saroj Kanta Sarker Vs. Seraj‑ud‑Dowla & ors., 2003, 32 CLC (HCD)
....nt No. 1 would be at liberty to transfer the land anywhere. As the plaintiff failed to take the sale deeds as per terms of the contract within the time the transaction under the contract could not be complete and the agreement expired. 15. Further case of defendant No. 1 was that pro‑forma defe......stitute the suit for specific performance of 1.52 acre of land only. 11. Defendant No. 1 opposed the plaintiffs case by filing a written statement. 12. His case, in brief, is that, the suit was barred by limitation. The contract became unenforceable in law after 31‑3‑1986. The suit was als..Category: Civil Law | Date: | Hits: 78
National Bank Ltd. and others Vs. Habib Bank Ltd. and others, 2002, 31 CLC (HCD)
.... and the National Bank Ltd, had no right or authority to revoke authorisation causing non‑payment to them. The learned Advocate refuted the contentions of Dr. M Zahir that negotiation would only be completed on handing the documents to the LC issuing bank but strenuously contends that the question......h the ship was caught in distress on 18th March, 1986, as such, they prayed for dismissal of the suit. The learned Judge framed the following issues: 1. Is the suit maintainable? 2. Is the suit barred by law of limitation? 3. Is the plaintiff entitled to the decree as prayed for? 4. Is t..Category: Business or Commercial Law | Date: | Hits: 202
Didarul Kabir (Md) Vs. Commissioner of Customs and others, 2001, 30 CLC (HCD)
....ountry for local consumption and without being scrapped. A seaworthy ship is classified under Chapter 89 and falls under HS Code No. 8901.90 which on import or in running condition stays assemble and complete with all what it holds. But while a ship is imported and declared before the customs for be......ischarged however without any order as to cost. The respondents are at liberty to realise the balance dues by encashing the Bank Guarantee. Ed. This Case is also Reported in: 55 DLR (2003) 11...Category: Fiscal/Taxation Law | Date: | Hits: 77
Narayanganj High School and others Vs. Pran Ballave Saha Banik and others, 1998, 27 CLC (HCD)
....ng not maintainable in law. 6. Nikhilesh Dutta, the learned Advocate appearing for the plaintiff-opposite party, on the other hand, submits that the impugned order of dismissal is a self-contained complete order without any reference to the approval of the Board and the learned Courts below havin......ns: “The courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred.” 12. It appears from the Service Regulations of the Dhaka Board that an aggrieved teach..Category: Employment/Service Law | Date: | Hits: 72
American Express Bank Limited Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
.... they were incurred wholly and exclusively for the purpose of business in Bangladesh. It is then stated that section 82 of Income Tax Ordinance, 1984 provides for acceptance of returns as correct and complete if the return is accompanied by certificate of Chartered Accountant in prescribed form unde......2-93 to 1997-98 are without lawful authority and of no legal effect. In the result the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002)7. ..Category: Fiscal/Taxation Law | Date: | Hits: 132
.... ‘A (1)’ Mr. Abul Hossain Talukder subsequently resigned and the petitioner having got the responsibility of the Special Public Prosecutor conducted the case efficiently honestly upto 10-9-89 and completed the examination of 7 (seven) witnesses. The petitioner had to file a petition before the t......val of the petitioner is illegal and without any lawful authority.
The Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 81...
Category: Employment/Service Law | Date: | Hits: 108
Sonali Bank and another Vs. Md. Harun, 1999, 28 CLC (HCD)
....ut Order 41 rule 33 of the Code of Civil Procedure has given us this power to assess compensation which escaped the notice of the trial Court and acting under this provision of the Code and for doing complete justice when the mill had been closed down due to non co-operation of the bank we are incli...... 43,000.00 are hereby affirmed with interest at the rate of 8% per annum till realisation. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 75...Category: Civil Law | Date: | Hits: 72
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