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Hashem Ali & Others Vs. Suruj Ali & Others, 2010, 39 CLC (HCD)
....t Judge, 1st Court, Tangail, is hereby set aside and that of the trial Court is restored. Let the LC records be sent down at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 295. ......ed himself as D.W.1 and further examined three others D.Ws. The P.W.1 only filed an information slip which has been marked as Exhibit-1 on the other hand the defendants filed the original copy of the documents of the registered sub-kabala being No.766, dated 2.2.1937, which has been marked as Exhibi..Category: Property Law | Date: | Hits: 83
Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)
.... to the extent of 5.17 acres as it originally stood. Communicate this Judgment to the Land Appeal Board (respondent No.1) at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 511. ......ssed. The Appellate Division held that the facts which were required to be determined prior to correcting the record-of-rights by a proceeding under section 143 of the Act involved the examination of documents of title relating to the lands in dispute, commission of fraud, if any, and the interpreta..Category: Property Law | Date: | Hits: 115
Dutex Enterprise Co. Ltd. Vs. RMS Textile and Apparels Ltd. and others, 2010, 39 CLC (HCD)
....10. Result: The appeal is allowed. In an ordinary commercial credit transaction normally there are four parties. The parties are (i) the buyers who procure the issue of the credit, (ii) the bank that issues the credit, (iii) the correspondent bank which is the intermediary between the issu......e issue of the credit, (ii) the bank that issues the credit, (iii) the correspondent bank which is the intermediary between the issuing bank and the seller i.e. the beneficiary. It pays or negotiates documents or drafts tendered with documents or simply advises the credit to the beneficiary. In case..Category: Business or Commercial Law | Date: | Hits: 365
Moti Mia Alias Motin Vs. State, 2008, 37 CLC (HCD)
....e does not call for any interference. In the result, the Rule is discharged. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 87. ......and caused injury and other accused persons also gave blows on different parts of the body of victim Wahed and they also snatched away a wrist watch, cash Taka 700/- a electronic Torch light and some documents regard landed properties; that the witnesses came to the place of occurrence from bazar an..Category: Criminal Law | Date: | Hits: 66
....tay granted earlier by this Court stands vacated.
Let a copy of this judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 363.
......n the pleadings of the parties the trial Judge framed 4 issues to decide the suit. At the trial the plaintiffs examined 6 PWs. and the defendants examined 7 DWs. and both the parties proved number of documents in support of their respective cases.
5. The learned Assistant Judge, Gomestapur, Nawab..
Category: Property Law | Date: | Hits: 66
.... and ultimately, the 1st execution case was disposed of on 28.6.2006 by issuing certificate under section 33(5) of the Ain, 2003 in favour of the Bank and that the 2nd execution case was filed by the bank on 27.6.2007 for execution of the decree of Title Suit No.261 of 1998. Therefore, it is evident......ischarged without any order as to cost.
The order of stay stands vacated.
Communicate the judgment to respondent No.2 at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 359.
..
Category: Civil Law | Date: | Hits: 85
Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)
....lia, that the accused Md. Salim Khan is a proprietor of "New shoe Museum", Ishurdi, Pabna; that he gave a proposal for loan for purpose of his shoe business and thereafter with the agreement with the bank, he took C.C loan of Taka 1,50,000/= that after taking loan he made mortgage deed with the bank......gh Court to quash a prosecution which amounts to abuse of the process of the court. It cannot be exercised by the High Court Division to hold a parallel trial, only on the basis of the statements and documents collected during investigation or inquiry for the purpose of expressing an opinion as to w..Category: Procedural Law | Date: | Hits: 79
Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
....of Tk.39 lac and odd. The respondents contested the suit by filing written statement. The aforesaid suit was for realisation of unpaid loan amount that was taken by the respondents from the appellant bank. In that case the respondents in their written statement though admitted the loan liability but......g out of the work order issued by the SMC under joint venture agreement would be made directly to Pubali Bank Ltd. Satmasjid Road, Dhaka, in the account of Contech Ltd. arid relying on these admitted documents Mr. Khalilur Rahman emphatically submits that it does not lie in the mouth of the defendan..Category: Civil Law | Date: | Hits: 87
Alam Taj Begum @ Monowar Begum & others Vs. Nimai Chandra Roy, 2009, 38 CLC (HCD)
....he sister of the plaintiff in his cross-examination stated that he cannot tell how much land the plaintiff possesses in the suit dag. He stated that the defendant Nos. 1-4 has a house in the northern bank of the ditch and that they are in possession by placing a fence. He stated that he does not kno......ntained. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the LC Records immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 764. ..Category: Procedural Law | Date: | Hits: 69
Abdul Quddus Vs. Mobarak Hossain, 1996, 25 CLC (HCD)
.... therefore, discharged. The order of stay granted earlier by this Court on 7‑4‑96 is also hereby vacated. No order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 572. ...... therefore, discharged. The order of stay granted earlier by this Court on 7‑4‑96 is also hereby vacated. No order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 572. ..Category: Procedural Law | Date: | Hits: 82
State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....qualm whatsoever on the assertion that it is BGMEA members alone, who are the exclusive beneficiaries. As truth has it, BGMEA has, a fact that has not been rebutted, sold most part of the building to banks and other commercial entities and has, thereby, enabled its members to be aggrandised. It has ......uthorities. By a communication dated 27th January 2004, RAJUK intimated BGMEA that the Building Construction Committee had accorded approval to the earlier’s plan and requested it to submit further documents and BGMEA obliged. 30. By another communication, dated 20th August 2006, RAJUK asked BG..Category: Constitutional Law | Date: | Hits: 642
Bangladesh House Building Finance Corporation Vs. Mosammat Amena Begum, 2010, 39 CLC (HCD)
....ous Execution Case No.14 of 2004 is hereby affirmed. Let a copy of this judgment and order be communicated to the Court concerned. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 194. ......corporation in the Execution Case claimed Taka 13,855/= for advertisements cost Taka 8,500/= as legal expenditure. 6. The learned District Judge after hearing the parties and perusing the relevant documents, filed by the respective parties by the impugned judgment and order disposed of the Execut..Category: Civil Law | Date: | Hits: 276
Khurshida Begum Vs. Monira Begum and others, 2008, 37 CLC (HCD)
.... Office is directed to send down the record of the case at once with a copy of the Judgment for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ...... in the petition of complaint or in evidence taken in inquiry by the Magistrate, no offence disclosed on the basis of prosecution materials. The respondent may have in his possession on a number of documents to disprove the complaint but as those materials are not yet of the part of the materials ..Category: Criminal Law | Date: | Hits: 177
Dr. S.M. Eunus Ali Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
.... respondent No.2, Rupali Bank, Mongla Port Branch in 3 phases and subsequently as the petitioner defaulted to pay the borrowed money as per terms and conditions of the sanction letter, the respondent bank on 29.4.2003 instituted Artha Rin Suit No.14 of 2003 in the Artha Rin Adalat, 2nd Court, Bagerh......iff bank examined one witness as P.W.1 in support of its case and the defendants also produced one witness as D.W.1 in support of his case. Besides, both the parties produced some relevant papers and documents which were duly marked as exhibits in the Artha Rin suit. 6. The Artha Rin Adalat upon ..Category: Civil Law | Date: | Hits: 254
Md. Shahid Bepari @ Shahidullah and other Vs. State, 2009, 38 CLC (HCD)
....er and Abul Kalam are discharged from the respective bail bond. Send down the lower Court records with a copy of Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 130. ......serves, either immediately or mediately, to convince the mind of the truth or falsehood of fact or proposition; and the proof of matters of fact in general are our senses, the testimony of witnesses, documents and the like. The definition of proof centres round probability, we think that preponderan..Category: Criminal Law | Date: | Hits: 153
A. Aziz Mollick Vs. State, 2008, 37 CLC (HCD)
....manbaria on further undertaking to produce the same to the Court on and when directed by the same. 18. Copy be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 230. ......itioner purchased the said Truck from Mrs. Momtaj Begum was not mentioned in affidavits by both Mrs. Momtaj Begum and A. Aziz Mollick. 6. Learned Advocate shows that photocopies of all above basic documents such as Blue Book Road Licence, and above 2 affidavits before Notary Public have been file..Category: Procedural Law | Date: | Hits: 194
Md. Nur Alam and another Vs. State, 2012, 41 CLC (HCD)
....ded them, who on interrogation disclosed that they had taken Rafiq with them on the pretext of business activities and subsequently took Tk. 4200/- from his son and killed him by strangulation at the bank of Jamuna River in the night following 29.12.1993 and they had thrown away the dead body of Raf......w for securing their arrest. Send a copy of this judgment and order to the said court along with the lower court records. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 170
Transfin Trading Ltd. Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)
.... / 10931 dated 23-5-2004 (Annexure 'A-1') and the letter bearing Nothi No.5-Cus (1357)/AM: ICD/2001 Group-2/ 1374 dated 22-06-2003 (Annexure 'A-2') issued by respondent No.3 seeking encashment of the bank guarantee No. BASB/L-GTEE/00001/2001 dated 23-3-2001 should not be declared to have been issued...... warehouse for home consumption, or on any goods entered for exportation, for the reason that the goods required chemical or other test or a further enquiry for purposes of assessment, orthat all the documents or complete documents or full information pertaining to those goods have not been furnis..Category: Fiscal/Taxation Law | Date: | Hits: 194
.... respondent on the basis of the SRO No.260/Law/ 2004 imposed 1.5% advance VAT and the petitioner challenged the said SRO and accordingly on the basis of the impugned order of this Court submitted bank guarantees, the amount of VAT at the rate of 1.5% at the supply stage. He further submits that ......etric tons of Soda Ash (Light) from China at the rate of US$ 161 per metric ton C&F Chittagong.
5. The said imported goods were shipped by the exporter and the petitioner received all shipping documents covering the Commercial Invoices, Bills of Lading etc.
6. It is stated that usually in ..
Category: Fiscal/Taxation Law | Date: | Hits: 220
Gopinath Das and others Vs. Government of Bangladesh & others, 2010, 39 CLC (HCD)
....of the giant design to grab, if at all, such a huge tract of land in the city centre. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 167. ......ee ex-parte which is impugned before us. 21. During hearing of the instant revisional application a supplementary affidavit was filed on behalf of the petitioners bringing on records a number of documents, namely, certified copy of the Judgment passed in Title Suit No.550 of 1984 filed by one A..Category: Property Law | Date: | Hits: 149
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