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Hashmat Ullah (Md) Vs. Azmiri Bibi and others, 1991, 20 CLC (HCD)
....his pleader is unacquainted with English a translation into the language of the Court shall, at his request, be supplied to him; and the Court shall make such order as it thinks fit in respect of the payment of the costs of such translation." 16. Section 558 or the Code of Criminal Procedure prov...... Civil Revision No. 678 of 1987 is hereby set aside and the Rule is made absolute. There will be no order as to costs in these Rules. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 332. ..Category: Others | Date: | Hits: 226
Islamia Automatic Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha and others, 2002, 31 CLC (HCD)
....k, was plaintiff and since the BSRS had the first charge on the property and Agrani Bank has the 2nd charge they impleaded BSRS as pro forma respondent, their claim was against the petitioner for non payment of their dues. In that Money Suit, the respondent No.1 of the writ petition passed two order...... is discharged with a cost at Taka 25,000 to be paid by the petitioner to the respondent No.3 within 3(three) months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 463. ..Category: Civil Law, Contempt of Court Law | Date: | Hits: 417
Sheerin Alam Chowdhury Vs. Captain Shamsul Alam Chowdhury, 1995, 24 CLC (HCD)
.... that the two cannot be equated. Talaq is the right of the husband and ‘khula’ is the right of the wife. ‘khula’ is sought and procured by the wife either from the husband or from the Qazi by payment of consideration. She either buys her freedom by inducing her husband to release her or pers...... been surrendered by her in consideration for the dissolution of marriage through ‘khula’. There shall be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 79. ..Category: Family Law | Date: | Hits: 265
Bajla Rice Mills Vs. Bangladash, 1989, 18 CLC (HCD)
....bitraÂtors and award. (2) The Arbitrators or umpire shall, at the request of any party to the arbitration agreement or any person claiming under such party or if so directed by the Court and upon payment of the fees and chargÂes due in respect of the arbitration and award and of the costs and c......hat it can dispose of the suit within the time stipulated above. Let the L.C. records be sent down to the Court concerned at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 504. ..Category: Procedural Law | Date: | Hits: 93
Syed Alim Mansur Vs. Registrar, Joint Stock CompaÂnies, 1989, 18 CLC (HCD)
.... is directed to pay a sum of Tk. 5,000/- (Taka five thousand) only to the Diabetic Association of Bangladesh, Segun Bagicha, Dhaka by way of donation. The petitioner Company is to file the receipt of payment one week before drawing up of the order. The Company shall bear the cost of this appliÂc......y is to file the receipt of payment one week before drawing up of the order. The Company shall bear the cost of this appliÂcation. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 43. ..Category: Company Law | Date: | Hits: 191
Wajeda Khatun and others Vs. Saonatun Bewa, 2002, 31 CLC (HCD)
....e Original Suit on acceptance of the cost not deposited within the given time on 4‑10‑95. He further submits that the order dated 4‑10‑95 impliedly dismissing the Miscellaneous Case for non‑payment of costs being an appellate order under Order XLIII and rule 1 (c) of the Code, the learned ......‘10‑95. Subsequently, in the view of an application filed by the plaintiff opposite party praying to restore the original suit allowing the Miscellaneous case on acceptance of the cost deposited by cheques on 7‑10‑95, the learned Assistant Judge upon hearing restored the original Suit to its f..Category: Procedural Law | Date: | Hits: 94
Ka Bi Ma Iftekhar Anam Vs. State & another, 2010, 39 CLC (HCD)
....k because of the insufficiency of fund nor it exceeds the amount arranged to be paid from that account by an agreeÂment made with the bank, rather the cheque has been returned on the remarks of stop payment instruction made by the drawer of the cheque and thus there is no materials of section 138 o...... accused petitioner are busiÂnessmen by profession and due to business purpose, there has been a good relation between them, in course of time the accused Ka Bi Ma Iftekhar Anam on 9-6-2006 issued a cheque of Taka 13,60,000 through Islami Bank Bangladesh Ltd. Paltan Branch, Dhaka to the complainant..Category: Criminal Law | Date: | Hits: 94
Nitai Kumar Mondol Vs. Judge, Artha Rin Adalat, and another, 2008, 37 CLC (HCD)
....the order dated 9-8-2006, sentenced the petitioner to suffer civil imprisonment for six months pursuant to the provisions of section 34(1) of the Ain 2003 to compel the Judgment debtor petitioner for payment of decretal amount. We failed to discover any illegality in the impugned order. Moreover, we...... him into jail. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 446. ..Category: Civil Law | Date: | Hits: 140
Wahed Asgar Chowdhury Vs. Judge 2nd Artha Rin Adalat & others, 2010, 39 CLC (HCD)
.... well settled that the limitation for filing an application for drawing up a final decree on the basis of preliminary decree is 3 years from the expiry of the date fixed in the preliminary decree for payment of the decreetal amount. In this case, in the preliminary decree in question (which has been......n Case No.215 of 2004 now pending in the Artha Rin Adalat No.1, Chittagong be declared to be unlawful and not mainÂtainable at all. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 331. ..Category: Civil Law | Date: | Hits: 134
Shahidullah and others Vs. Lutfur Karim and others, 1997, 26 CLC (HCD)
....anced no argument on this very important point of limitation. 13. Now in this case, the trial Court has clearly found that the plaintiffs have no possession. The plaintiffs admitted possession and payment of rent (Ext.3 series) by the defendants. The lower appellate Court having held that the que......e Court is thus set aside and those of the trial Court are restored. There will be no order as to cost. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (1998) 328. ..Category: Procedural Law | Date: | Hits: 103
Abdul Goni Kha Vs. Md. Abdul Aziz Azizur Rahman and others, 1996, 25 CLC (HCD)
....o by any raiyat shall not exceed, by any agreement express or implied, seven years: Provided that any such usufructuary mortgage may be redeemed at any time before the expiry of the said period on payment of an amount which shall bear the same proportion to the total consideration money received ...... receipt of this order failing possession through the court in execution thereof. Send down the lower Courts record expeditiously. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 172. ..Category: Property Law | Date: | Hits: 114
Amir Hossain Dhali and other Vs. State, 1997, 26 CLC (HCD)
....to the house of Mandir Dhali on an invitation and returned home at 10-00 PM of the night. After some time accused Amir Hossain Dhali, Ayub Ali and Abdul Mannan came and talked with the deceased about payment of money in respect of his tank. Thereafter the accused Abdul Mannan requested the deceased ......ty forthwith, if not wanted in connection with any other case. Appellant Amir Hossain Dhali is discharged from his bail bond forthwith. Ed. This Case is also Reported in: 49 DLR (HD) (1997)163. ..Category: Criminal Law | Date: | Hits: 85
Jahangir Alam and others Vs. State, 2011, 40 CLC (HCD)
.... 37. In his cross-examination he stated that he made his statement before the investigation officer after 3 months from the date of occurrence. He denied the suggestion that he did not say about the payment of Taka 3,000 to accused Nurul Islam before the Investigating Officer and he denied the sugg......d from their respective bail bonds. Send down the lower court record together with a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 294...Category: Criminal Law | Date: | Hits: 142
Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
.... of 6(six) months. However, on behalf of the husband of the accused-petitioner, she (accused-petitioner) provided the complainant with a cheque of Tk. 30 lakh bearing No.6669851 dated 02-4-2009 for repayment of the loan. The cheque was presented for encashment with the Janata Bank Ltd., Bayezid Bost...... the stipulation that he would repay the loan withÂin a period of 6(six) months. However, on behalf of the husband of the accused-petitioner, she (accused-petitioner) provided the complainant with a cheque of Tk. 30 lakh bearing No.6669851 dated 02-4-2009 for repayment of the loan. The cheque was p..Category: Criminal Law | Date: | Hits: 120
Sekandar Spinning Mills Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2011, 40 CLC (HCD)
....f producÂtions that are being sold in the local market. 3. The respondents No.3 on 20-6-2005 bearÂing Nothi No.3rd (12)8/Ra: He: Ni:/2004-05/1103 dated 19-6-2005 directing the petitioner to make payment of Taka 10,90,585 with an allegation that upon review of the Account Register, Sale/Purchase......ect. The respondent is hereby directed to re-adjust the amount of Taka 10,90,585 in the VAT Register of the petitioner company at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 272...Category: Fiscal/Taxation Law | Date: | Hits: 196
Dr. Sultan Ahmed Vs. AKM Fazlur Rahman and others, 1989, 18 CLC (HCD)
....2. The plaintiffs instituted the suit for ejectment of the defendant alleging that the defendant was a tenant under them and he paid rent of the suit property upto 1379 ES and from 1380 BS he stopped payment and as such he is a defaulter in payment of rent of the suit property. The defendant contest...... the court below are hereby affirmed. Order of stay passed by this Court earlier is vacated. Send down the LC records immediately. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 281. ..Category: Property Law | Date: | Hits: 108
MJL Bangladesh Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2010, 39 CLC (HCD)
....ssioner of Customs Excise and VAT Chittagong by its letter dated 12-4-2010. 6. Respondents No.1 by Memo dated 20-5-2010 signed by Respondents No.2 rejected the application on the same ground, i.e. payment of VAT remained unpaid by the petitioner. Being aggrieved the petitioner moved this Division......by the VAT authority in its entirety as per statement given in Annexure-'Z' of the supplementary affidavit dated 25-7-2010 forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 257. ..Category: Fiscal/Taxation Law | Date: | Hits: 269
Salma Islam Vs. Parveen Banu & others, 1997, 26 CLC (HCD)
....988 before the High Court Division. The said appeal was also dismissed with observation that defendant-respondents as legal heirs of said MA Nasir would be entitled to receive the sale proceeds after payment of legal dues to the House Building Finance Corporation. High Court Division also directed t......sult, the appeal is dismissed without any order as to costs. The connected Civil Rule No. 208(f) of 1985 is accordingly disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 280...Category: Property Law | Date: | Hits: 144
Hamida Begum Chowdhury Vs. Ahamad Hossain Khan and others, 1997, 26 CLC (HCD)
....ct of her suit property. The plaintiff-respondent having conceded to such request asked the defendant-appellant to deliver possession of the suit property to him on receipt of some more money towards payment of the balance consideration money. But the defendant-appellant declined to give possession ......e Appeal is allowed and the impugned judgment and decree dated 28-9-95 passed in Title Suit No.201 of 1991 is dismissed without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 276. ..Category: Civil Law | Date: | Hits: 148
Monjurur Rahman (Md.) Vs. Dr. Naimur Rahman, 1998, 27 CLC (HCD)
....cross-examination as D.W.1. 6. Mr. Habibul Islam Bhuiyan, learned Advocate appearing for the defendant-respondent submits that the main planks of the case of plaintiff-appellant are: (1) source of payment for acquisition of the Gulshan property (Schedule ‘B’) was the income from two tea garde......t, the appeal is dismissed. The Judgment and decree passed by the Court below is upheld. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 266. ..Category: Property Law | Date: | Hits: 109