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Bangladesh and others Vs. Eastern Beverage Industries Ltd. & another, 2004, 33 CLC (AD)
....remises affected by it, (c) the duty or the rate of duty on such capacity as determined, and (d) the manner of collection of such duty. (5) The capacity of any plant or machinery or part thereof or establishments or premises producing or manufacturing excisable goods, or providing ......machine cause for the production had to be determined. 24. The petitioners have alleged that on 18‑8-87 National Board of Revenue issued notification under section 3(4) of the Act requiring payment of excise duty on soft drink on production capacity instead of payment of duty on goods actu...... appeals are allowed setting aside the impugned judgment and order of the High Court Division without any order as to costs. Ed. This Case is also Reported in: 56 DLR (AD) (1997) 153. ..Category: Fiscal/Taxation Law | Date: 13 Feb, 2002 | Hits: 161
Jaban Ali (Md) Vs. State, 2002, 31 CLC (HCD)
.... any other case. The trial Court is at liberty to cancel the bail in case of any misuse of the privilege of bail by the accused appellant. Ed. This Case is also Reported in: 56 DLR (2004) 89.......aid sum of Taka 20,000 but the accused appellant took away the bullock of the father of the complainant. Lastly, the accused appellant demanded Taka 50,000 and threatened to divorce her in default of payment. The complainant refused to pay the said money and thereafter, accused appellant divorced th...... any other case. The trial Court is at liberty to cancel the bail in case of any misuse of the privilege of bail by the accused appellant. Ed. This Case is also Reported in: 56 DLR (2004) 89...Category: Women and Children | Date: 10 Feb, 2002 | Hits: 79
Hazrat Khan @ Hazrat Ali Khan Vs. State, 2002, 31 CLC (HCD)
....id the mortgage money to accused Maruf Khan. Consequently, accused Maruf Khan became a bargader under Moklesur Rahman in respect of the standing irri crops in the case land. It was agreed between the parties that half of the standing paddy would be given to the informant while the remaining half wou......t accused-appellant Hazrat Ali Khan @ Hazrat Khan be released from custody forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 636. ......t accused-appellant Hazrat Ali Khan @ Hazrat Khan be released from custody forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 636. ..Category: Criminal Law | Date: 6 Feb, 2002 | Hits: 29
State Vs. Abdus Samad @ Samad Ali, 2002, 31 CLC (HCD)
.... of the informant. But having failed to do so he having found the wife of the informant, Rasida Khatun, in the court-yard went running to her and caused severe injuries by giving dao blows on various parts of her body. Thereafter the mother of the informant Samarjan Bibi having heard the cry of the ......f the matter, the Reference is rejected and the connected jail appeal is dismissed with the modification of sentence as stated above. Ed. This Case is also Reported in: 54 DLR (2002) 590. ......f the matter, the Reference is rejected and the connected jail appeal is dismissed with the modification of sentence as stated above. Ed. This Case is also Reported in: 54 DLR (2002) 590. ..Category: Criminal Law | Date: 2 Feb, 2002 | Hits: 115
Abdul Rashid Vs. Santi Bhusan Deb and others, 2003, 32 CLC (AD).
....rocedure, 1908 (V of 1908), Section 152 Order XX rule 3 & Order XLVII rule I The judgment which has been delivered sealed and signed, can not be changed without hearing the parties invoking jurisdiction under section 152 (CPC) or review on specific grounds under Order XLV...... This petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 86. ...... This petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 86. ..Category: Property Law | Date: 26 Jan, 2002 | Hits: 100
Mahbubur Rahman and others Vs. Agrani Bank and another, 2003, 32 CLC (AD).
.... rule 1 Adjournment is entirely discretionary but the discretion must be exercised judicially. Adjournment cannot be allowed as a matter of course, even if both the parties asks for if or agree to it. No adjournment should be granted unless sufficient cause for t......ity in the impugned order. The petition is accordingly dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 61. ......d no right, title and possession in the suit land. The suit was decreed ex parte on 21‑2‑1998. On 14‑10‑1998 the officer of respondent No. 1 told respondent No. 2 that he took loan from bank by mortgaging his land and the property would be put to auction for failure to repay ..Category: Procedural Law | Date: 19 Nov, 2001 | Hits: 101
Shankar Lal Das Vs. Janata Bank and others, 2001, 30 CLC (HCD)
....execution case after adjustment of decretal debt was rejected, and the mortgaged properties were ordered to be sold by public auction. 2. In the application, it is stated that on 8-9-82 opposite party No.1, the Bank as plaintiff instituted Mortgage Suit No. 116 of 1982 against the petitioner fo...... is stated that on 8-9-82 opposite party No.1, the Bank as plaintiff instituted Mortgage Suit No. 116 of 1982 against the petitioner for recovery of a sum of Taka 2,57,130.30 for his failure in the repayment on the bank loan under a cash credit account. On the prayer of the plaintiff, on the same da......-9-82 opposite party No.1, the Bank as plaintiff instituted Mortgage Suit No. 116 of 1982 against the petitioner for recovery of a sum of Taka 2,57,130.30 for his failure in the repayment on the bank loan under a cash credit account. On the prayer of the plaintiff, on the same day, two trucks of the..Category: Banking Law | Date: 18 Nov, 2001 | Hits: 146
Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....hat on 24-08-1997 at about 9-45 P.M. while his daughter Khodeza Begum was studying beside the window of their east Bhiti dwelling but she cried out. Informant rushed there and saw that face and other parts of the body of his daughter burnt by acid. Earlier a goat belonging to the father of the convi......em to discuss on “The Children Act, 1974” with judicial officials working under their respective judgeship. Ed. This Case is also Reported in: 22 BLD (HCD) 2002, 206; 7 BLC (2002) HCD, 85. ......em to discuss on “The Children Act, 1974” with judicial officials working under their respective judgeship. Ed. This Case is also Reported in: 22 BLD (HCD) 2002, 206; 7 BLC (2002) HCD, 85. ..Category: Women and Children | Date: 6 Nov, 2001 | Hits: 75
Hussain Mohammad Ershad Vs. Zahedul Islam Khan and others, 2001, 30 CLC (AD)
....shall automatically vacate his seat if he is disqualified as per provision of Article 66(2)(d) and 67(1)(d) of the Constitution. There is no ambiguity in the same and no examination by any authority, particularly by the Election Commission, is necessary or required. 13. It is the definite case ......o Appeal No. 226 of 2000 which was dismissed but the sentence of imprisonment was absolute by judgment dated 6-2-2001. reduced to the period of imprisonment already undergone maintaining the order of payment of fine of the aforesaid amount in default to suffer simple imprisonment for six months. It ......to interfere with the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 1. ..Category: Anti-Corruption Laws | Date: 22 Aug, 2001 | Hits: 111
Islami Bank Bangladesh Ltd. Vs. Md. Habib & ors., 2003, 32 CLC (AD).
....o Full Cream Powder Milk. Respondent No. 1 stood guarantor for the loan. The cartons containing the said imported goods were kept in the godown owned by another accused Mohammad Islam. There was a tripartite agreement among the Bank, the importer and the godown owner with the conditions amongst othe......tions amongst other that the imported goods would be under the ownership of the Bank and the godown owner would deliver that quantity of the goods to the importer as the Bank would direct against the payment of the bank dues. 3. It was alleged in the FIR that an officer of the Bank went......anj Branch, Chittagong. 2. Respondent No: 2 is the proprietor of General Distribution Company. He was given credit facilities of Taka 12,61,00,000 by the appellant Bank and with the said loan he imported Dano Full Cream Powder Milk. Respondent No. 1 stood guarantor for the loan. The car..Category: Criminal Law | Date: 22 Aug, 2001 | Hits: 95
Dudu Mia and others Vs. Ekram Miah Chowdhury and others, 2002, 31 CLC (AD)
....e Appellants. Sk. Afzalur Rahman, Advocate, instructed by Shariftddin Chaklader, Advocate-on-Record—For Respondent No. 1(a). Ex-parte—Respondent Nos. 1 (b)-1 (e). Not represented—Resp......r Class Suit No. 1969 are restored. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 7. ......r Class Suit No. 1969 are restored. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 7. ..Category: Civil Law | Date: 5 Aug, 2001 | Hits: 136
Suhel Ahmed Chowdhury Vs. Salahuddin Ayubi and others, 2002, 31 CLC (AD)
....inistry of Works has many other duties and he is not there only to look into the vested property matters. In such a there may be some delay but this delay must be found to be an arrogant delay on the part of the contemner or deliberate delay which is not proved in the present case. From order dated ......y set aside and he is exonerated from all the liabilities with honour and dignity. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 82. ......y set aside and he is exonerated from all the liabilities with honour and dignity. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 82. ..Category: Criminal Law | Date: 30 Jul, 2001 | Hits: 95
Sahera Khatun and others Vs. Abdul Gaffar @ Abdul Gaffar and others, 2003, 32 CLC (AD).
....her directed to deliver vacant possession of the suit land to the plaintiff within 30 days of the decree by an order of permanent mandatory injunction and an appeal therefrom was, however, allowed in part setting aside the impugned judgment and decree of the trial Court but declaring the right, titl......sp; The appeal is accordingly, dismissed without costs. Ed. Same Case Cited in: 55 DLR (AD) (2003) 79. ......sp; The appeal is accordingly, dismissed without costs. Ed. Same Case Cited in: 55 DLR (AD) (2003) 79. ..Category: Procedural Law | Date: 8 Jul, 2001 | Hits: 91
BD Water Dev. Board & ors Vs. Chairman, Divisional Labour Court, Khulna & ors, 2003, 32 CLC (AD)
....sation of the benefits consequent upon retirement of the deceased worker, the predecessor of the respondent Nos. 2(a) to 2(e). The petition is accordingly, dismissed. Ed. ......predecessor in interest of respondent Nos. 2(a) to 2(e) filed complaint case No. 92 of 1994 on 2‑7-1993 under section 25(1) (b) of the Employment of Labour (Standing Order) Act, 1965 for payment of all benefits like pension, gratuity and all other service benefits since date of appoint......sation of the benefits consequent upon retirement of the deceased worker, the predecessor of the respondent Nos. 2(a) to 2(e). The petition is accordingly, dismissed. Ed. ..Category: Employment/Service Law | Date: 4 Jul, 2001 | Hits: 78
Privatisation Board Vs. AK Fazlul Huq & ors., 2003, 32 CLC (AD).
.... Act, 1872 (XXII of 1872), Section 46 Because of the default of the petitioner and other government agencies, the contract did not reach finality but there was no laches on the part of the respondent no. 1 so, the High Court Division committed no error directing to make payme......ioner and other government agencies, the contract did not reach finality but there was no laches on the part of the respondent no. 1 so, the High Court Division committed no error directing to make payment on the findings that the petitioner has breached the contract………&helli......letter of intent dated 11 February, 99 in favour of the respondent No. I to sell the enterprise at the amount offered by him plus more or less, the amount 1,95,85,000 being the enterprise's long term loan and also with certain other conditions, that respondent No.1 accepted the letter of intent and ..Category: Business or Commercial Law | Date: 24 Jun, 2001 | Hits: 135
Abdur Noor and others Vs. Mahmood Ali and others, 2002, 31 CLC (AD)
.... interference. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 67. ...... permission of the plaintiff, defendants predecessor Abdul Latif purchased bharatia right at a consideration of Taka 10,000 in 1370 BS and Abdul Latif continued to possess the premises as a tenant on payment of rent. He also spent about Taka 1,00,000 for renovation of the suit premises and the rent ...... interference. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 67. ..Category: Tenancy Law | Date: 3 Jun, 2001 | Hits: 75
Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)
....tioner. Maksudur Rahman, Advocate—For the Opposite Parties. Civil Revision Case No. 3760 of 2000. Judgment SK Sinha J. - This Rule was issued calling upon the opposite parties to show cause why the judgment and decree dated 11-3-1999 of the learned Additional District......lly converted into 562 two-roomed tinshed houses and these were allotted to the Government’s third class and fourth class employees at a monthly rent for some time but subsequently they stopped payment of monthly rent. Thereafter they applied to the Government for permanent lease. In accordanc......mmunicated to Mr. Md. Nurul Islam then Subordinate Judge, Dhaka by name at his present assignment for his perusal and future guidance. Ed This Case is also Reported in: 54 DLR (2002) 364. ..Category: Evidence Law | Date: 21 May, 2001 | Hits: 183
Hosna Ara Begum others Vs. Montaj Ali and ors. 2003, 32 CLC (AD).
....ld have decided the matter in the exercise of its power under section 25 of the Small Cause Courts Act on the basis of the evidence already on record instead of remanding the suit to the trial Court, particularly when the evidence clearly disclosed that the tenants defaulted in payment of rent. ......uted by the appellants before us against the tenant-respondents. The suit was decreed by the judgment and decree dated 8-11-1995 on the finding that the tenant-defendants I habitual defaulters in the payment of rents the period from March, 1986 to August, 1986 vide rent receipt Exhibit B and during ......sion in Civil Revision No. 1200 of 1996 are set aside and the judgement and decree dated 8-11-1995 passed by the SCC Judge, Sadar, Sylhet, in SCC Suit No. 3 of 1992 are restored. Ed. ..Category: Civil Law | Date: 15 Jan, 2001 | Hits: 163
Abu Zafar Tipu Vs. Syed Abu Siddique, 2000, 29 CLC (HCD)
....t: Md. Hamidul Haque J Md. Munsurul Hoque Chowdhury J Abu Zafar Tipu…………………………Petitioner Vs. Syed Abu Siddique……………………………Opposite party Judgment November 16, 2000. Result: The Rule is made absolute. ......C.R. Case No.3643/98 (T.R.No.97/99) now pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 93. ......C.R. Case No.3643/98 (T.R.No.97/99) now pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 93. ..Category: Procedural Law | Date: 16 Nov, 2000 | Hits: 3
Abdur Rouf Chowdhury Vs. Abdul Hashem (Hashu) and another, 2000, 29 CLC (HCD)
.... ASM Wahidul Momen Chowdhury, Advocate—For Opposite Party Nos. 1-2. Civil Revision No.1906 of 1998. Judgment Md. Tafazzul Islam J.- This Rule was issued calling upon the opposite parties to show cause as to why the impugned judgment and order dated 13-5-98 passed by the Assistan......n of the alleged baina dated 10-2-89 and that the possession of the suit land was not delivered to the plaintiff petitioner on the date of the ‘Baina’ and it is also very unlikely that on payment only of Taka 2,50,000.00 out of total consideration money Taka 15,00,000.00 such possession ......t and order and accordingly no interference is called for. In the result, the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 458. ..Category: Property Law | Date: 17 Oct, 2000 | Hits: 136
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