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Moinul Haque (Md) & anr. Vs. State, 2004, 33 CLC (AD)
....by throttling. This is also supported by the first inquest report prepared by the investigating officer of the UD Case No. 82 of 1995 exhibit 11 which shows abrasion and laceration in the private part of the victim." The submission as to non‑consideration of the Medical Report fav...... substance in the petitions. The two petitions are accordingly dismissed. Ed. This Case is also Referred in: 56 DLR (AD) 81; 9 MLR (2004) (AD) 321. ...... substance in the petitions. The two petitions are accordingly dismissed. Ed. This Case is also Referred in: 56 DLR (AD) 81; 9 MLR (2004) (AD) 321. ..Category: Criminal Law | Date: 13 Mar, 2003 | Hits: 316
Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)
....003. The Companies Act, 1994 (XVIII of 1994), section 233 The object of remedy under this section is to negate the impact of the prejudicial or other relevant misconduct on the part of the majority share holders. It may take any form that is thought to be suitable either by t......held since 1985. v. Financial bungling committed by the petitioners 2‑5 have been evidenced by the demands for repayment by financial institutions. vi. The respondents have treated the company ......ourt Division in the company matter, we do not find any reason to grant leave against the said judgment. The petition is therefore, dismissed and the delay is condoned. Ed. ..Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273
Aloke Nath Dey Vs. Govt. of BD. rep. by the DC, 2004, 33 CLC (AD)
....e was withdrawn with permission to sue afresh. A fresh petition was thereafter filed with the prayer to grant succession certificate. 4. One Haji Tasiruddin Shah was added as opposite party in Miscellaneous Case No. 138 of 1982 asserting that Haladhar Chandra Dey died in the middle ......rom the Bank in respect of which a succession certificate was asked for, but the certificate has perhaps been though necessary in order to enable the appellants to get back the pledged ornaments on payment of the dues in the Bank. In this view of the matter, the appeal was dismissed. ......he State Bank of Pakistan in Khulna. The further case of the appellant is that some of those ornaments were mortgaged to “H Dey Jewellers” by different customers on different dates for loans taken by them. 3. A petition for succession certificate was filed earlier as Mis..Category: Property Law | Date: 11 Mar, 2003 | Hits: 436
Commissioner of Customs, Customs House, Dhaka & ors Vs. Cieng Tong Chong, 2006, 35 CLC (AD)
....mitted no illegality in making the said direction. Thus we find no ground to interfere with the judgment and order of the High Court Division. Accordingly the petition is dismissed. Ed. ......of the Respondent No. 1 that the goods so brought by the writ-petitioner did not cover by the provisions of section 142 of the Customs Act and that as the Writ-petitioner failed to clear the goods on payment of the duties assessed the said goods was liable to confiscated. 5. The High Court Di......mitted no illegality in making the said direction. Thus we find no ground to interfere with the judgment and order of the High Court Division. Accordingly the petition is dismissed. Ed. ..Category: Others | Date: 5 Mar, 2003 | Hits: 114
Salema Khatun Vs. Matiur Rahman, 2003, 32 CLC (HCD)
.... Das J Salema Khatun……………………Petitioner Vs. Matiur Rahman……………………Opposite party Judgment February 8, 2003. Result: The rule is discharged. Lawyers I......mises alleging, inter alia, that the defendant was a monthly tenant under the plaintiff at a monthly rental of Tk. 800/-payable according to English Calendar month and that the defendant defaulted in payment of rent for the month of December, 1999 and thereafter also and the plaintiff bonafide requi......e of the rule is vacated. In the facts of the case, I do not make any order as to costs. Send down the lower Court record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 339. ..Category: Tenancy Law | Date: 8 Feb, 2003 | Hits: 61
....ting on 28‑10‑4997 an amount of 1 crore in the Bank of Small Industries and Commerce Bangladesh Ltd. Dilkusha Branch, Dhaka in pursuance of the provisions of the Private University Act, 1992. The particulars were then forwarded to the University Grants Commission for its opinion and the Commissi......se of action, if any, had matured.
In view of the above the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (AD) (2003) 94; 1 ADC (2004) 497.
......se of action, if any, had matured.
In view of the above the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (AD) (2003) 94; 1 ADC (2004) 497.
..
Category: Others | Date: 8 Feb, 2003 | Hits: 112
Nasima Akhter Vs. Md. Siraj Miah and other, 2003, 32 CLC (AD)
....dant No. 1 neither submitted any written statement nor contested the suit. The plaintiff examined two witnesses. The learned Subordinate Judge after considering the evidence on record and hearing the parties by its judgment and decree dated 24-3-1992 dismissed the suit. Being aggrieved by the jud......er, submits that the High Court Division erred in law in decreeing the suit for Specific Performance of Contract in spite of its positive findings that the plaintiff has failed to prove tender and or payment of balance consideration money of Taka 1,63,000 and, as such, the judgment and decree of the......fers from no illegality and/or infirmity and we are not inclined to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 38. ..Category: Property Law | Date: 4 Feb, 2003 | Hits: 147
Md. Ashequr Rahman Vs. Bangladesh Agricultural Research Institute, 2003, 32 CLC (AD)
..... In the show cause notice it was mentioned that in case of his failure to reply to the show cause notice and to communicate as to whether he would like to be heard the matter would be disposed of ex parte. 3. The appellant replied to the show cause notice asserting that whatever he did the same......uded within 180 days as per Regulation 43(8) of the Regulations. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 1. ......uded within 180 days as per Regulation 43(8) of the Regulations. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 1. ..Category: Employment/Service Law | Date: 2 Feb, 2003 | Hits: 92
Islami Bank Bangladesh Ltd. Vs. Sub-Judge and Additional Artha Rin Adalat & others, 2003, 32 CLC (AD
....9;on‑Record‑For the Appellant, MA Samad, Senior Advocate, instructed by Firoz Shah, Advocate‑on‑Record‑For Respondent No. 4. Ex parte‑Respondent Nos. 1‑3 Civil Appeal No. 125 of 2001. &nbs......intiff‑appellant filed aforementioned money suit stating, inter alia, that respondent Nos. 2 and 3 availed loan facilities from the plaintiff and that respondent No. 4 stood guarantor for the repayment of the loan amount due from the respondent Nos. 2 and 3. The defendant No. 2 failed to pay t...... the suit for realisation of his claim due from the pawnor. 3. Plaintiff‑appellant filed aforementioned money suit stating, inter alia, that respondent Nos. 2 and 3 availed loan facilities from the plaintiff and that respondent No. 4 stood guarantor for the repayment of th..Category: Business or Commercial Law | Date: 28 Jan, 2003 | Hits: 112
....s and/or error apparent on the face of the record this petition do not merit any consideration.
This petition is dismissed.
Ed.
This Case is also Reported in: 57 DLR (AD) (2005) 58
......8.266 tons of CI sheets and the balance 562.917 tong Yen‑rained in the godown. The Superintendent of Customs by a letter dated 21‑9-1991 asked the petitioner to take delivery of said CI Sheets on payment of valued added tax @ 15%. The petitioner submitted representation to the Collector of Custo......s and/or error apparent on the face of the record this petition do not merit any consideration.
This petition is dismissed.
Ed.
This Case is also Reported in: 57 DLR (AD) (2005) 58
..
Category: Fiscal/Taxation Law | Date: 26 Jan, 2003 | Hits: 114
Alfazuddin Ahmed Vs. Abdur Rahman and others, 2003, 32 CLC (AD).
....uary 21, 2003. State Acquisition and Tenancy Act, 1951 (XXVIII of 1951) Section 117(i) (c) With preparation of separate khatian consequent upon partition of the non-agricultural land in a suit for partition final decree having been concluded ...... the lands were recorded under separate khatian and that as there was also no material as to whether the proposal for opening separate khatian was finally accepted resulting in separation of jama and payment of rent separately by the 2 co‑sharers and that as it was contended by the pre‑e......emption case is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 108. ..Category: Property Law | Date: 21 Jan, 2003 | Hits: 81
Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).
.... Onus of proof Onus of proof in a civil litigation generally lies on the plaintiff but sometimes it is split between the parties and sometimes it is shifted on the defendant as well according to the respective case of th......ils and is dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 115. ......ils and is dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 115. ..Category: Property Law | Date: 25 Nov, 2002 | Hits: 87
Zyta Garments Ltd. Vs. Union Bank Ltd. and another, 2003, 32 CLC (AD).
....ed to file Money Suit No. 55 of 1999. 3. At this stage the petitioner Zyta Garments Ltd. made an application under Order I rule 10 of the Code of Civil Procedure for impleading it as a party in the suit on the ground that the LCs were actually established by it with the defendant Nat......rincipal amount. The rest was deducted from the principal amount and the interest without giving any reason. The plaintiff respondent Union Bank Ltd immediately protested by sending message for non-payment of the half of the principal amount and interest but to no effect. Therefore, the plaintiff......ary and proper party to be added in the suit and find no illegality or infirmity in its judgement calling for our interference. The leave petition is dismissed. Ed. ..Category: Civil Law | Date: 19 Nov, 2002 | Hits: 169
Asalat Zaman (Md) and others Vs. Government of Bangladesh and others, 2003, 32 CLC (AD).
....st on the awarded amount till realisation in the absence of any agreement. The Court has jurisdiction in its discretionary power to grant interest on the awarded amount or any part thereof till realisation. Cases Referred to- ......t No. 27/LMH dated 17 September, 1988, with the Government of Bangladesh for reconstruction of the railway line damaged, by flood. After the completion of the works the contractor submitted bills for payment which were not finally paid. This gave rise to a dispute. According to the provision of the ......as aforesaid with interest at the bank rate till realisation. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 139. ..Category: Alternative Dispute Resolution | Date: 17 Nov, 2002 | Hits: 223
DC of Dhaka & ors Vs. Aziz Cooperative Housing Society Ltd. & ors, 2006, 35 CLC (AD)
....hority to take over the land claiming to be of the Government failed. 6. The writ petitioners have asserted that the .notice issued under section 3 of the Ordinance lacks bonafide on the part of acquisitioning authority and that said notice has been issued without due application of min......d under section 3 of the Ordinance for acquisition of 0.1700 acre of land have been issued without lawful authority and is of no legal effect. Accordingly the petition is dismissed. Ed. ......d under section 3 of the Ordinance for acquisition of 0.1700 acre of land have been issued without lawful authority and is of no legal effect. Accordingly the petition is dismissed. Ed. ..Category: Property Law | Date: 16 Nov, 2002 | Hits: 72
Taiyaba Zaman Vs. Gias Uddin Ahmed and others, 2002, 31 CLC (HCD)
....t No.137 of 2001 should not be set aside and such other or further order or orders passed as to this Court may seem fit and proper. 2. The short facts for disposal of the Rule are that, opposite party No.1 as plaintiff filed Title Suit No.137 of 2001 in the Court of Assistant Judge, 6th Court, ...... 3. The defendant petitioner contested the same suit by filing written statement denying all the material allegations of the plaint and stating, inter alia, that the plaintiff being defaulter in payment of monthly rent the defendant filed Small Cause Court Suit No.6 of 2000 for his ejectment an...... suit is accordingly, dismissed, however without any order as to cost. The order of stay granted earlier stands vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 523. ..Category: Tenancy Law | Date: 6 Nov, 2002 | Hits: 198
Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)
.... 5 respectively. Respondent No. 1 thereupon asked Tofayel Ahmed on several occasions to return the papers including the share certificates, but he did not comply therewith. They also wanted to become parties in Title Suit No. 145 of 1988 of the 3rd Court of Subordinate Judge, Dhaka which arose out o...... certificates representing that loan for the company was to be secured from the bank against the said papers. He also gave an undertaking in writing to that effect on that day by way of assurance for payment of the share of profits and also gave an undated cheque being No. 481‑621 for Taka 5,00,00......s of the company. On 16‑11‑1986 Tofayel Ahmed obtained signatures of the respondents upon some blank forms, stamps and papers and also received their original share certificates representing that loan for the company was to be secured from the bank against the said papers. He also gave an undert..Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208
Hashibul Bashar Vs. Gulzar Rahman and anr., 2004, 33 CLC (AD)
....tiable Instruments Act. 10. In the background of the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ......the petition of complaint that accused petitioner borrowed Taka 30,77,000 from his relation Md. Anwarul Islam. The accused petitioner issued 3 cheques totaling Taka 30,77,000 on different dates for repayment of the loan amount in favour of Md Anwarul Islam. The Attorney of Md Anwarul Islam presented...... complaint that accused petitioner borrowed Taka 30,77,000 from his relation Md. Anwarul Islam. The accused petitioner issued 3 cheques totaling Taka 30,77,000 on different dates for repayment of the loan amount in favour of Md Anwarul Islam. The Attorney of Md Anwarul Islam presented the said chequ..Category: Business or Commercial Law | Date: 28 Oct, 2002 | Hits: 326
Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).
.... interest litigation the court will lean to protect the interest of the general public and the rule of law vis-à-vis the private interest. Where the rule of law comes in conflict with third party interest the rule of law, will, of course, prevail. In the impugned judgement there is no err......2002. Our judgment will have no bearing in considering the application by Ekushey for licence by the said Commission which is free to decide in accordance with law. Ed. ......2002. Our judgment will have no bearing in considering the application by Ekushey for licence by the said Commission which is free to decide in accordance with law. Ed. ..Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190
Secretary, Ministry of Works and another Vs. Md. Yusuf Ali Khan and others, 2002, 31 CLC (AD)
....f the plaintiff respondent on acceptance of the balance consideration of Tk. 40,000/- (Taka forty thousand). Due to disturbance that followed later on the respondent No. 2 Could not fulfill her part of the contract and in the last part of 1975 she gave an assurance that she would do everythin...... 1 and 2 and came to the conclusion that they are identical and of the respondent No. 2. 6. It further came to the conclusion that since the signatures on the agreement, Ext. 1 and part payment of consideration money were proved by the witnesses of the plaintiff, the exhibit is a genu......scussion we lo not fined any substance for allowing the appeal. The appeal is dismissed without any order of costs Ed. This Case is also Reported in: 1 ADC (2004) 312. ..Category: Contract Law | Date: 21 Aug, 2002 | Hits: 1110
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