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Baby Masum and another Vs. Bangladesh Film Development Corporation and other, 2009, 38 CLC (HCD)
....Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 457. ......the accused petitioners in this case, it appears that admittedly there was a written contract , between the FDC and the accused petitioners for making a film on stipulated terms and conditions and an amount of Tk. 35,93,315/- became payable by the petitioners to the FDC for using the materials and s......that amount. 9. The dispute in question arose only when the post dated cheques issued by the petitioners were dishonoured. Though in the petition of compliant the fact of payment of the remaining money i.e.Tk.24,33,315 is not expressly admitted, it can be easily inferred from the facts stated in..Category: Criminal Law | Date: | Hits: 66
Shafiqul Islam Khan Vs. The Commissioner of Taxes, 2012, 41 CLC (HCD)
....hall be no order as to costs. The connected Rule being No.20 (ref)/2007 is disposed off with the above observation accordingly. FRM Nazmul Ahasan J. - I agree. This Case is also Reported in: ......CT concern to reassess. Thereafter upon hearing the representative of the Assessee-applicant, the DCT concern disposed of the tax liability of the Assessee-applicant most arbitrarily keeping the same amount as earlier assessed as income of the Assessee-Applicant. 4. Having been aggrieved with and...... the AACT as well as the DCT acted illegally in treating the investment under Section 19(3) and 19(4) as (income from other sources) in spite of the fact that the assessee disclosed the source of the money with supporting evidences. (2) Whether on the facts and in the circumstances of the case th..Category: Fiscal/Taxation Law | Date: | Hits: 83
....mmon (res communious).
69. The Public Trust Doctrine primarily rests on the principle that certain resources like air, sea, waters and the forests have such a great importance to the people as a whole that it would be wholly unjustified to make them a subject of private ownership. The said reso......f rupees they have invested and given as value of the flats to the builder-respondent”. The Supreme Upon consideration of the totality of the facts directed the builder to pay 60 lacs including the amount paid by the allotees as damages with further direction to pay 21% interest per annum on the s...... required to direct RAJUK to restore the original position of the lands to the extent of taking step under section 8(2) of Ain, 2000 and that MMT having nearly been completed the project by arranging money from financial institutions, it is necessary for keeping an avenue open for it to procure nece..
Category: Environmental Law | Date: | Hits: 434
....is sent back to the Court below for writing out a proper order in accordance with law.
Send down the lower Court's record at once.
Ed.
This Case is also Reported in: 15 MLR (HCD) (2010) 242.
......amati.
10. We have considered the submissions made by the learned Advocate and perused the writ petition along with annexures. It appears that the respondent No.5 for his fishing project took loan amounting to taka 56,577/- only by way of executing a Deed of Mortgage No.197942 dated 20.08.1984 re......eighty one thousand) and on that, the respondent No.5 received Tk. 56,577/- only as loan out of sanctioned loan on 02.10.1984 on an under taking to start the works of the project and take the balance money later on by way of executing a Deed of Mortgage No.197942 dated 20.08.1984 re-payable with int..
Category: Civil Law | Date: | Hits: 74
Dr. Jadu Das Gupta alias J.D. Gupta Vs. State, 2009, 38 CLC (HCD)
.... and in the light of our observation made out in the body of the judgment. Send a copy of the judgment to the court below at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 454. ......ance with him, asked for loan of Tk. 1,50,00,000/-, and the informant on good faith and bona fide belief paid the money on condition that it will be returned within three months along with some extra amount. It was further stipulated that within 15th day from the receipt of the loan, the said accuse...... alleging that the accused No.1 Bimol Das Gupta @ Chili Gupta having previous acquaintance with him, asked for loan of Tk. 1,50,00,000/-, and the informant on good faith and bona fide belief paid the money on condition that it will be returned within three months along with some extra amount. It was..Category: Criminal Law | Date: | Hits: 62
Mst. Rahima Khatun and another Vs. Sree Monoranjon Saha and others, 2006, 35 CLC (HCD)
....e impugned judgment dated12.04.1990 (decree signed on 18.04.1990) is hereby affirmed. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 334. ......e impugned judgment dated12.04.1990 (decree signed on 18.04.1990) is hereby affirmed. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 334. ......ugned judgment of both the Courts below and evidence on record and thereafter, submits that the CS recorded tenant Panchamoni Das transferred of her deceased father's property showing to pay the loan money, medical treatment and for her maintenance including family religious ceremony, which she coul..Category: Property Law | Date: | Hits: 57
Nawabgonj Central Co-operative Bank Ltd. Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....down the record of Money Execution Case No.4 of 1998 to the concerned Court at once, and the same will proceed in accordance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 46. ......id the loans to a great extent but still there were some outstandings. The respondent No.5 being an arbitrator, made arbitration on 12-5-1989 and made no specific award but he ordered that the entire amount due would be repayable within 5 years in 10 installments, commencing from 1-7-1989 and there ......down the record of Money Execution Case No.4 of 1998 to the concerned Court at once, and the same will proceed in accordance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 46. ..Category: Civil Law | Date: | Hits: 70
Advocate Manzill Murshid and others Vs. Bangladesh, 2011, 40 CLC (HCD)
....ng their position in the state. To glorify this aspect, Marjorie Fribourg in her book “The Supreme Court in American History” states; “Chief Justice Marshall, by his brilliant Management of the whole situation, had won his own fight for the Court and the Constitution. He had Majestically warne......month in addition to which he receives 30% Judicial allowance at Tk. 10,680/= which bring his income to Tk. 46,280/- plus other allowances. District Judges posted in the Hill Tracts get an additional amount which enhance their income to taka. Tk. 49280/=. Hence, it is evident that the salary includi......s the power by a simple stroke of his pen or sound of his voice, to have you put to death, to cage you up like an animal for the rest of your life, to take your child away from you, to pay out enough money to bankrupt you, to foreclose your home?” (“Page 250, supra). 38. Although his delibera..Category: Constitutional Law | Date: | Hits: 413
Md. Golam Mostafa Vs. State, 2010, 39 CLC (HCD)
....ence in assessing a loan proposal and in sanctioning loan to a borrower. As such, bare allegation under section 420 of the Penal Code, without specific one, should not be readily taken. 22. In the whole process, the batik authority at different levels are involved and all of them owes fiduciary d...... sealed the godowns and filed a case against the accuseds; that the accuseds Golam Mostafa, with the help of godown keeper and the godown choukidar (guard), has misappropriated the pledged fertilizer amounting to Tk. 65,69,612/-, which gave rise to G.R. Case No.155 of 2000 (Sadar), arose out of Bogr......In the whole process, the batik authority at different levels are involved and all of them owes fiduciary duty to the depositors, so far as a bank trustee of and a debtor in respect of the depositors money held by it. On the other hand, there is no allegation in the said FIR to the effect that. the ..Category: Criminal Law | Date: | Hits: 97
Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)
....is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3.12.2000 is hereby vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 434. ......nks behind the back and knowledge of the petitioners. The respondent No.3 bank instituted Mortgage Suit No.21 of1990 in the Court of Subordinate Judge and Artha Rin AdalatNo.1,Chittagong, claiming an amount of Tk. 8,89,94,800.22/-against the petitioners and others. The petitioners duly appeared and ......nformation to any one except banks and financial institutions. There was no settlement/compromise between the petitioners and respondent No.3. The petitioners owe the respondent No.3 a huge amount of money which he has defaulted to repay and therefore his name has been rightly included in the CIB Re..Category: Civil Law | Date: | Hits: 112
Hachina Begum and others Vs. Abdul Mannan and others, 2010, 39 CLC (HCD)
....arisal in Title Suit No.23 of 1978 is set-aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 628. ......arisal in Title Suit No.23 of 1978 is set-aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 628. ......d possessed the same and after his death his 5 sons used to possess it and accordingly it has been recorded in R.S. and S.A. Khatian and in that view of the matter the intention, motive and source of money, possession dealing with, preparation of R.O.R. all the ingredients of benami transaction has ..Category: Property Law | Date: | Hits: 146
Md. Sazzad Hossain Vs. M/S. Kaderia Publication and another, 2006, 35 CLC (HCD)
....f this court to the learned Joint District Judge, Additional Artha Rin Adalat No.2, Dhaka, for his information and necessary action. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 170. ......: In any suit in which the court deems a local investigation to be requisite or proper for the purpose of elucidating any matter in dispute or of ascertaining the market value of any property, or the amount or any mesne profits or damages or annual net profits, the court may issue a commission to su......f this court to the learned Joint District Judge, Additional Artha Rin Adalat No.2, Dhaka, for his information and necessary action. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 170. ..Category: Property Law | Date: | Hits: 84
Md. Omar Faruque Vs. State and another, 2007, 36 CLC (HCD)
....enal Code now pending in the Court of the Magistrate, 1st Class, Kushtia is quashed. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 318. ...... inducement as well as misappropriation of company's money against the accused petitioner and in that view of the matter, continuation of the impugned proceeding against the accused petitioner is tantamount to an abuse of process of the Court. Thirdly, he submits that after submitting resignation......heating or of criminal breach of trust. Secondly, he submits that since in the first information repot there is no definite allegation of cheating, inducement as well as misappropriation of company's money against the accused petitioner and in that view of the matter, continuation of the impugned pr..Category: Criminal Law | Date: | Hits: 92
Badsha Alam Vs. State, 2006, 35 CLC (HCD)
....urably acquitted. The accused Badsha Alam who is currently on bail is discharged from his bail bond. Send down the L.C.R at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 21. ......n of the Project. 3. It is further stated that the accused Badsha Alam withdrew 240 mounds of wheat in two installments but he did not perform any construction work in utilization of the aforesaid amount of wheat valued at Taka 43,200/=, but on final survey it was detected that there had been per......urably acquitted. The accused Badsha Alam who is currently on bail is discharged from his bail bond. Send down the L.C.R at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 21. ..Category: Criminal Law | Date: | Hits: 76
Md. Arfan Khan Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....erit in the Rule. Accordingly the Rule is discharged. Stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ......erit in the Rule. Accordingly the Rule is discharged. Stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ......alling in question the legality of an order passed by the Government in the Ministry of Expatriates’ Welfare and Overseas Employment Affairs canceling his recruiting license and forfeiting security money deposited against the same. 2. Facts leading to this Rule, in brief, are that the petitione..Category: Constitutional Law | Date: | Hits: 407
Md. Rakibul Islam and others Vs. Anwar Hossain and another, 2009, 38 CLC (HCD)
....as been discharged so the connecting rule in C. Rule No.551(R) of 1999 is also discharged. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 395. ......as been discharged so the connecting rule in C. Rule No.551(R) of 1999 is also discharged. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 395. ......land measuring .66 decimals of the said Mouza to the plaintiff. Talks were held in presence of witnesses and that the defendant Nos. 1 and 2 received Tk. 10,000/- out of Tk. 15,000/- as consideration money from the plaintiff as well as through P.Ws. 3 and 4 and that the defendant No.1 wrote three le..Category: Property Law | Date: | Hits: 103
Mostafizur Rahman (Md.) Vs. State, 1993, 22 CLC (HCD)
....ence that my be passed against him. Let the records of the case be sent down expeditiously with a copy of this Judgment and order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 422. ......ase, in short, is that one Md. Ismail Mandal (since dead) Deputy Director of Social Welfare Department, Rangpur filed a petition to the Inspector DAB, Rangpur alleging, inter alia, that a bill for an amount of Taka 15,085.00 was sanctioned as grant for the Taraganj Social Welfare Office signed by Mr......ka 15,085.00 himself from the Bank in his own name on the basis of the said Bill and misappropriated the entire amount without deposited the same in the Bank and had shown a false deposit of the said money in the Bank for the said social welfare office concerned with a forged counter-foil. 3. On ..Category: Criminal Law | Date: | Hits: 110
Doon Valley Rice Limited Vs. MV Yue Yang and others, 1996, 25 CLC (HCD)
.... well as the application for the return of the plaint are rejected. And the suit is held to be maintainable in Admiralty Jurisdiction. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 531. ......at sight through PL Bank Negara Indonesia (Persero), Hongkong Branch, for US$ 444,000 for the import of 2000 Metric Tons of, Indian Origin Non‑Bashmoti Fine Rice. Subsequently, by amendment, the LC amount was increased to US$ 4,80,000.00 and it was made transferable. The defendant No.6, the origin......t of the res, the ship, such arrest is not an interlocutory order………………………………(34) The Admiralty Act, 1861, section 6 In a pure and simple suit for the realisation of the money by an unpaid vendor, admiralty jurisdiction cannot be invoked. To attract admiralty jurisdicti..Category: Admiralty Law or Maritime Law | Date: | Hits: 258
Shahinur Begum Vs. Md. Minarul Islam Mondol @ Miton, 1997, 26 CLC (HCD)
....the aforesaid date. The defendant took Other Family Appeal 205 of 1994. The appeal was contested by the plaintiff. The appellate Court set aside the Judgment of the trial Court and also dismissed the whole suit of the plaintiff by the impugned Judgment and decree. Therefore, the wife is the present ......e absolute. Enhancement or reduction of dower Dower fixed on the basis of Kabinnama between the parties cannot either be enhanced or reduced and oral evidence cannot be accepted to reduce the amount. Only wife can remit the dower or part thereof in favour of the husband…………………...... directed at the instance of the plaintiff who is wife Shahinur Begum, against the husband Md. Minarul Islam alias Miton. 2. The petitioner instituted Family Suit 5 of 1993 on 3‑1‑93 for dower money both prompt and deferred being Taka 55,000.00 and maintenance being Taka 4500.00 The marriage ..Category: Family Law | Date: | Hits: 122
Shahid Mia and another Vs. State and another, 2007, 36 CLC (HCD)
....lants are released from their respective bail bonds. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 303. ......at about 5:00 p.m. sold an ox for a sum of Tk.14,700/-only to one Hazi Md. Nazimuddin of village Tarapasha, Boila and the informant had also carried with him a sum of Tk.2,300/- and thus having total amount of Tk.17,000/- they started for home and at about 9:00 p.m. while they reached at Battala nea......x was sold. In reply the informant enquired about them as they were not known to him. At that time one of those two persons pointing a Razor to the chest of Humayun Kabir demanded him to give him the money. On his refusal the accused dealt a razor blow on the left wrist of Humayun Kabir causing grie..Category: Criminal Law | Date: | Hits: 83
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