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Baby Masum and another Vs. Bangladesh Film Development Corporation and other, 2009, 38 CLC (HCD)
.... certain materials and service facilities to be provided by FDC for stipulated consideration. Accordingly FDC provided the materials and service facilities. After completion of making ofthe film, the claims payable to FDC stood at Tk.35,93,315/- out of which Tk.. 11,60,000/- remained unpaid. At the ......posite party No.1 being the Bangladesh Film Development Corporation (FDC) represented by its Law Officer Md. Ruhul Amin. 3. We have heard Mr. Md. Khurshid Alam Khan, the learned Advocate appearing for the accused-petitioners and Mr. Md. Mamunor Rashid, the learned Assistant Attorney General appea......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
Md. Nur Hossen Vs. State, 2007, 36 CLC (HCD)
....r Hossen was placed on trial on charge under section 19A and 19(f) of the Arms Act for keeping illegal Arms in his possession and control who pleaded not guilty of the charge levelled against him and claimed for trial. 6. The prosecution examined 6 P.Ws. out of 10 charge sheeted witnesses to esta.......S Case No.14 dated 03.01.1999 corresponding to GR Case No.359 (Purbo) of 1999 convicting the appellant Nur Hossen under section 19 A of the Arms Act and sentenced him to suffer rigorous imprisonment for 10 (ten) years. 2. The prosecution case, in short, is that on 03.01.1999 one Sub-Inspector En......pellant Nur Hossen shall be set at liberty on his serving the remaining portion of sentence, if any. Send down the L.C.R at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 251. ..Category: Criminal Law | Date: | Hits: 77
Shafiqul Islam Khan Vs. The Commissioner of Taxes, 2012, 41 CLC (HCD)
....in favour of the firm M/s. Shafique and sons and not in favour of the Assessee-applicant. As the bank loan was not sanctioned for construction of the building the concerned DCT correctly rejected the claim and affirmed by the lower appellate authority. 8. It has been further asserted in the said...... Income Tax Reference Application No.72 of 2007 Judgment AFM Abdur Rahman J. -In this I.T. Reference, under Section 160 of the Income Tax Ordinance 1984, the following question of law has been formulated by the Assessee-Applicant, Shafiqul Islam Khan, seeking an opinion from this court; (1...... 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
....filling in the project area and also found that the writ respondents have taken no step to stop such illegal activities.
4. MMDL also filed writ petition No.5103 of 2003 against RAJUK and others claiming that its project area comprised of 360 acres of land consisting of 2526 residential plots o......
Judgment
August 7, 2012.
Result:
Civil Appeal No.256 of 2009 and Civil Appeal Nos.254-255 of 2009 are dismissed.
Civil Appeal No.253 of 2009 is allowed.
Civil Petition for Leave to Appeal No.1689 of 2006 is accordingly disposed of.
Cases Referred to-
Duck Vs...... 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
....the Deputy Commissioner, Rangamati for recovery of loan money with interest at taka 9,23,440/-. The respondent No.5 as defendant entered appearance in the suit and filed written statement denying the claims of the plaintiff-bank against him. The Deputy Commissioner, Rangamati on consideration of the......m fit and proper.
2. Facts giving rise to the Rule are that the petitioner is a Manager of Bangladesh Krishi Bank, Rangamati Branch, Rangamati. The respondent No.6 filed an application to the Bank for sanction of loan for their fishing project of Kaptai Lake and thereupon the Bank sanctioned taka......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. ......quashed or any other order passed as this Court may deem fit and proper. 2. By the said Rule issuing order, all further proceedings of the said G.R. Case were also stayed. 3. The facts relevant for the purpose of disposal of the Rule are that one Md. Abdul Karim lodged FIR with Taknaf Police S...... 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)
....1981 and got into possession. The defendant Nos. 7-10 in collusion with each other created 2 (two) deeds of patta dated 22.8.47 & 17.11.51 in respect of the suit land and on the basis of the same claimed that original CS recorded tenant Panchamoni Dasi transferred the suit land to them and also ...... 2. Facts, in short, are that the Plaintiff-Appellant-Petitioners instituted Title Suit No.400 of 1981 in the Court of learned Munsif, Satkhira impleading the opposite parties as defendants praying for a decree for title and confirmation of possession in the suit land stating, inter alia, that tot......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
Chairman, Rajdhani Unnayan Kartipakha Vs. Ramjan Ali and others, 2006, 35 CLC (HCD)
....ourt committed an error of law in not considering the aforesaid material evidence on record resulting in an error in the decision in allowing the appeal. He further contends that since the plaintiffs claimed that the suit plot was never acquired by the Government, the plaintiffs should have made the......ge, 6th Court, Dhaka in Title Appeal No.301 of 2000 reversing the judgment and decree dated 7.5.2000 passed by the Assistant Judge, 2nd Court, Dhaka in Title Suit No.255 of 1999. 2. Facts relevant for disposal of this Rule, in brief, are as under: The plaintiff opposite parties had filed Title......h the observations made in the body of the judgment. Send down the Lower Court Records at once along with a copy of the Judgment. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 41. ..Category: Property Law | Date: | Hits: 56
Nawabgonj Central Co-operative Bank Ltd. Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....ars, beginning from first July, 1989 with interest but disallowed the prayer for awarding penal interest. Against the said award, this respondent No.3 preferred an appeal, being Appeal No.45 of 1989, claiming penal interest. The appellate authority i.e. respondent No.4 by the Judgment and order date......gricultural loan from lending Banks, they have been excluded from the exemption. The Co-operative Societies are not the end-users of the Bank loans. After getting fund from banks, they use the fund for their members re-lending on commercial basis.......................................(14) Law......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)
....scription on the overriding impact of superior Court’s Jurisdiction and decisions has however, been provided by the Indian Supreme Court in Special Reference No.1 of 1964, (AIR 1965 S.C. 747) by proclaiming that the Superior Courts are the ultimate authority to decide on the validity of a warrant ......D 104); Gouriet Vs. Union of Post Office Workers, 1978, AC 435; Associated Provincial Picture Houses Ltd. Vs. Wednessbury Corporation (1948, 1KB 223);Council of Civil Service Association Vs. Minister for Civil Service, Popularly Known as GCHQ Case (1985 AC 374); Padfield Vs. Minister of Agriculture ......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)
....is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 337. ......r in Special Case No.24 of 2004 arising out of G.R. Case No.155 of 2000 (Sadar) corresponding to Bogra P.S. Case No.49 dated 13.02.2000 under sections 406/420/409/109 of the Penal Code, now pending before the Court of Special Judge, Bogra, should not be quashed and/or such other or further order or ......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)
....ed to all banks 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 a......s discharged. Lawyers Involved: Akter Imam with Shiekh Hasan Arif Advocates - For the Petitioners. Md. Asadullah witn Khalleda Sultana Nur, Advocate - For the respondentNo.1 Zaforullah Chowdhury, Advocate - For the respondent No.3. Writ Petition No.1763 of 1999. J......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)
....f the plaintiffs used to look after the property of his father; that Abdul Kader Mia got the suit land recorded in the name of his 5(five) brothers.The daughters of Abdul Latif Mia relinquished their claim in the suit land and thereupon, the suit land was recorded in the name of 5 (five) brothers in......s of the case, in-short, are that the present appellants as plaintiffs instituted a suit being Title Suit No.23 of 1978 in the Court of Subordinate Judge, 2nd Court, Barisal impleading the defendants for declaration of title on the averments that one Abdul Kader Mia, the predecessor of the plaintiff......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. Fazlul Haque and others Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
....ournment to file another supplementary affidavit with documents in support of his contention that Kofiluddin was an affected person, but ultimately failed. 13. On the other hand the petitioners’ claim of possession lends support from municipal tax receipts (annex-B to the writ petition), a cert...... acres at Mouza Ibrahimpur, Dhaka Cantonment, Dhaka which was acquired by the Government in L.A. Case No.159/61-62. The said Abeda Khatun being an affected person filed an application in 2 prescribed form to the Assistant Commissioner of Housing and Settlement (now National Housing Authority) on 16.......directed not to evict the petitioners from the plot in question until a new plot is allotted and handed over in their favour. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 82
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. ......as to-this-Court may seem fit and proper. 2. The facts of the case, in short, is that on 22.03.2004 at about 22.50 hours one Md. Akhtaruzzaman, Manager (Production), BRB Cable Industries Ltd. as informant lodged an ejahar with Kushtia Police Station alleging, inter-alia, that accused Md. Omar Far......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
Md. Arfan Khan Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....d in Memo No. 49.008.011.1105.252.2010-372/16 (5) dated 15.9.2011 (annex-C to the writ petition) signed by the Deputy Secretary, Branch-8 of the Ministry (herein respondent No.6). The writ petitioner claimed that the order was passed without serving him any prior notice and assigning him any reason ......g agent was issued calling 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, ar......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
....freedom fighter. Therefore, the respondents’ plea of submission of ‘provisional certificate’ as a pre-condition of granting state honorarium is nothing but denial to the petitioners’ rightful claim.
17. The Regulations, 1984 provides that the parents/minor brother and sister of an unmarri......
J. K. Paul, Advocate-For respondent Nos.2-4.
Writ Petition No.8354 of 2010.
Judgment
Md. Ruhul Quddus. - This Rule at the instance of the legal heirs of a martyr freedom fighter was issued for a direction upon the respondents to give them monthly state honorarium and other benefits, issue......ter will be dealt strictly. Petitioner 4 Taj Nehar Begum will furnish her account number to the Trust within a month.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
..
Category: Others | Date: | Hits: 103
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. ......the court of Assistant Judge, Bhederganj, District Shariatpur against defendants Anwar Hossain Gazi, Shahanara Begum and Government of the People's Republic of Bangladesh as defendant Nos. 1, 2 and 3 for specific performance of contract for selling 1.95 acres of land for a consideration of Tk. 15,00......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)
....rge was framed against the accused under sections 409/468/471 read with section 5(2) of Act 11 of 1947 and the same was read out and explained to him when he pleaded not guilty to the said charge and claimed to be tried in accordance with law. The learned Special Judge fixed 12‑11‑89 as the next......71 of the Penal Code read with section 5(2) of Act II of 1947 but convicting the appellant under section 409 of the Penal Code read with section 5(2) of Act II of 1947 and sentencing him to suffer RI for 4(four) years and to pay a fine Taka 2,000.00 in default to suffer SI for 3 (three) months more.......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)
....est is the assumption of jurisdiction by Court. The jurisdiction is founded on (a) the presence of the vessel in the territorial waters of Bangladesh and (b) the arrest of the vessel to answer to the claim of the plaintiff and providing security for such claim. 33. Paragraph 305 of Halsbury's Law......g is commenced by the arrest 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 a......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
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