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Bangladesh Vs. Shudhir Chandra Nath, 2011, 40 CLC (HCD)
....al power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 309. ......he suit land; that Government requisitioned the suit land in LA case No.69-G/69 behind their knowledge and the defendant Nos.2 and 3 in collusion with defendant No.1 received the compensation money amounting to Taka 10,175.10 behind their back and being aware they filed an application before the L......The plaintiff instituted Title Suit No.32 of 1973 for declaration of title to the suit land described in the schedule of the plaint and recovery of khas possession thereto in alternate for awarding a money decree of Taka 10,175.10 being the compensation award for the suit land which has been requisi..Category: Procedural Law | Date: | Hits: 111
Mustaq Ahmed Vs. State, 2010, 39 CLC (HCD)
....erence thereof in her Service Book. The office is directed to communicate the Order and send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 301. ......(31st Enlarged Edition, 2007 at page 2043), it has been observed: - Inducing any person by putting him to fear of an injury to sign and deliver paper which may be converted to a valuable security amounts to an offence defined in section 383 and punishable under section 384, IPC. 65. In the in...... sustained several cut injuries in his hand. Both of them struggled with each other and, at one stage, the dagger was thrown out of the window. P.W.1 then told the appellant that he did not have cash money, but he could give a cheque instead and accordingly, he brought out his cheque book and wrote ..Category: Criminal Law | Date: | Hits: 62
Nuruzzaman (Md.) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....e infructuous. Accordingly, the Rule issued in Writ Petition No.6791 of 2010 is also discharged. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 406. ......e infructuous. Accordingly, the Rule issued in Writ Petition No.6791 of 2010 is also discharged. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 406. ......ee for holding enquiry. Accordingly, the Enquiry Committee held enquiry and found numbers of illegalities and irregularities in the process of appointments. The appointments were given by receiving money. The rules and regulations in the process of appointments have not been followed. Accordingly,..Category: Employment/Service Law | Date: | Hits: 148
....t.
In the results, the rule is discharged.
However, there shall be no order as to costs.
Moyeenul Islam Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 152.
......pon the petitioner, violating the principle of natural justice. Prior to such rescission of the 'No-objection', the petitioner asserted, that he has incurred expenses and also invested a considerable amount of money in materializing the transfer of shares of Taj Jute Backing Company Ltd. in favour o......titioner, violating the principle of natural justice. Prior to such rescission of the 'No-objection', the petitioner asserted, that he has incurred expenses and also invested a considerable amount of money in materializing the transfer of shares of Taj Jute Backing Company Ltd. in favour of him. Cha..
Category: Administrative Law | Date: | Hits: 299
..... The said lady gave Ramani Mohan Das to understand that the property of the Baishnab will be taken by the Government and the" only records for the same is to show the property as the debutter. After wholesale acquisition of rent receiving interest a sum of Ruppes 2001/86 paisa was assessed in the n......definitions such as:-
1. Creation of an endowment.- Any property, whether movable or immovable, can be validly dedicated for religious or charitable purposes, verbally or by writing. What is of paramount necessity is that the donor must divest himself of the property which he dedicates for religi......aishnab and the plaintiff is the only heir by inheritance of the said Ramani Mohan Das Baishnab and has been enjoying the said properties permanently and the plaintiff is entitled to the compensation money assessed by the government in respect of the 3rd schedule land described in the plaint and for..
Category: Property Law | Date: | Hits: 102
Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)
.... these Rules. In the result, these Rules are discharged without any order as to costs. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 131. ...... voucher in the United Kingdom for Samir Kumar Chowdhury, a passport, air ticket, etc. for UK to be procured within five months from the date of execution of the deed and the balance consideration of amount of Taka 11,000 would be paid at the time of execution of the sale deed after taking necessary......ng a promissory note on 5th Agrahayan 1372 BS and put the plaintiff into possession of a portion of the suit property. It was provided that the said amount would be adjusted towards the consideration money but if for any reason the parties decided not to execute the kabala, then Samir Kumar Chowdhur..Category: Civil Law | Date: | Hits: 138
Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
.... contiguous to a vast vacant land of Mahanagar Survey plot No.4805. Mahanagar Survey plot Nos. 4951, 4994, 4999, 5000, 5001, 5002 and 5003 are situated by the side of Dhaka-Chittagong highway where a wholesale market for vegetables has been functioning. Plot No. 5003 is contiguous to plot No. 4805. ......sioner at a time, not being earlier than fifteen days after date of publication of the notice, and place mentioned therein and to state the nature of their respective interest in the property and the amount and particulars of their claims to compensation for such interests. (3) The Deputy Commiss......ation in terms of section 10 within one year from the date of decision of the Government (which is section 5 in the case of acquisition). The requiring body, therefore, will deposit the consideration money with the Government well ahead of expiry of one year from the date of decision of the Governme..Category: Property Law | Date: | Hits: 79
Sharifuddin and others Vs. Commissioner of Customs and others, 2009, 38 CLC (AD)
....lude the value as determined under section 25 and any amount of duty imposed under section 18, 18A or 18B and the amount of duty that may have become payable in consequence of the withdrawal of the whole or any part of the exemption or concession from duty whether before or after the conclusion of......e or any decision of any court, for the purpose of section 30, the value and the rate of duty applicable to any goods shall respectively include the value as determined under section 25 and any amount of duty imposed under section 18, 18A or 18B and the amount of duty that may have become paya....... The appeals are therefore allowed without any order as to cost. The civil petitions are disposed of by the judgment in Civil Appeals. Ed. This Case is also Reported in: 9 ADC (2012) 721. ..Category: Fiscal/Taxation Law | Date: | Hits: 128
LMJ International Ltd. India Vs. MV BK Ace and others, 2010, 39 CLC (HCD)
....n application for facilitating the parties to inform this Court about the compliance of the order, by way of affidavit of compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 256. ......ts, the plaintiff is directed to immediately arrange to get the original copy of the shipping documents upon instructing the L/C opening Bank to accept the discrepant documents and to pay off the L/C amount to the correspondent bank in order to get the original shipping documents for its onwards tra......n application for facilitating the parties to inform this Court about the compliance of the order, by way of affidavit of compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 256. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 490
Kartick Chandra Das and another Vs. State, 2012, 41 CLC (HCD)
....tunity on priority basis. Communicate the order to the learned Special Judge, Bogra, at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 458. ......the years 1413 BS; the same accused also did not deposit Taka 4,37,134 i.e. 04% of total lease money payable to the Muktijoddha Sangsad collected from the same hat and thereby misappropriated a total amount of Tk. 9,75,683 and thereby deprived the Government of having huge revenue earning. 3. On ......Station, Bogra, alleging, inter alia, that the accused named Zahangir Alam, ex-Chairman of the said Paurashava by misusing his power refrained from depositing Tk. 5,38,549 that is 5% of total lease money to the Government exchequer on account of land revenue collected from Dhap Sultangonj hat for ..Category: Procedural Law | Date: | Hits: 86
Abu Taher Chowdhury and others Vs. Showkat Ali and others, 2012, 41 CLC (HCD)
....he order of status-quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 455. ......ance rent out of four years rent and balance Taka 2,800 was agreed to be paid along with the annual rent which was paid by Late Haji Ahmed Meah Sowdagar. That Late Haji Ahmed Meah Sowdagar spent huge amount of money in developing the land and in constructing pucca and semi-pucca house and created ......out of four years rent and balance Taka 2,800 was agreed to be paid along with the annual rent which was paid by Late Haji Ahmed Meah Sowdagar. That Late Haji Ahmed Meah Sowdagar spent huge amount of money in developing the land and in constructing pucca and semi-pucca house and created Municipal ..Category: Administrative Law | Date: | Hits: 175
Durga Prasad Singh Hajari Vs. Commissioner of Taxes, Taxes Zone 3, Chittagong, 2007, 36 CLC (HCD)
....lated in the negative and in favor of the assessed and against the revenue. No cost. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 723; 13 MLR (HCD) (2008) 397. ......lated in the negative and in favor of the assessed and against the revenue. No cost. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 723; 13 MLR (HCD) (2008) 397. ......the subcontinent without any reference to any provision of the Ordinance. 23. Sub-section (7) of section 2 of the Ordinance defines the word, 'assessed' as a person by whom any tax or other sum of money as payable under this Ordinance and includes amongst every other person in respect of whom any..Category: Fiscal/Taxation Law | Date: | Hits: 138
Nasrin Jahan (Parul) and others Vs. Khabir Ahmed and others, 2008, 37 CLC (HCD)
....y attain majority from the defendant No.1 at the rate of Taka 1500 (fifteen hundred) per month. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 697. ......ed this Rule from a judgment of reversal. 2. Short fact of the plaint case is as follows; Plaintiff-petitioner No.1 and defendant-opposite party No.1 were married on 24th February, 1995 at a dower amount of Taka 50,000. The couple was blessed with a son and a daughter in the said marriage, the pl......ge. Plaintiff No.1 was compelled to hand over her salary to the brother of the plaintiff No.1 who was living jointly with the defendant No.1. He was a man of harsh character and she was not given any money to meet her expenses. Ultimately, the defendant No.1 in connivance with his brother and brothe..Category: Family Law | Date: | Hits: 114
Ocean Accessories Limited and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....y submits that he will not press for refund of the amount in question since it has been already paid up as mentioned in the petition. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 441. ......d notice bearing No.31/06 dated 11.7.2006 issued by the respondent No.2 under section 202(1)(b)(c)(d)(e) and (f) of the Customs Act, 1969 and also pray for direction upon the respondents to refund an amount of Tk. 1,97,980.91 to the petitioners. By the notice impugned against Respondent No.2, Commis......y submits that he will not press for refund of the amount in question since it has been already paid up as mentioned in the petition. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 441. ..Category: Fiscal/Taxation Law | Date: | Hits: 174
Nurul Hoque Vs. Bazal Ahmed and 3 others, 1995, 24 CLC (HCD)
....ation was ultimately heard by the Additional Sessions Judge, Chittagong who recommended for quashing the proceeding of GR Case No.538/78 on the ground that once a Magistrate discharges an accused the whole of his authority granted by the Code of Criminal Procedure in respect of the proceeding before......scharge was not passed on merits. If cognizance is taken on the basis of a fresh complaint there can be no objection to the proceedings at all and in a proper case an application for revival also may amount to a fresh complaint. A naraji petition is a fresh complaint and a Magistrate is competent to......f the Code and then to proceed in accordance with law. Communicate the order to the Courts below and send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 327. ..Category: Criminal Law | Date: | Hits: 138
Razia Khanam Vs. Md. Shamuzzoha Khan & Others, 2007, 36 CLC (HCD)
....lty of professional misconduct shall be liable to all or any of the following penalties. Namely: (a) censure; (b) withholding of increment for a specific period; (c) recovery from pay of the whole or part of any pecuniary loss caused to the college by negligence of duty; (d) removal from...... granted by this Court dated 5.9.2005 is hereby vacated. 30. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 355. ......grant of the college was expired earlier and the requisite fees was submitted for further grant after taking the resolution dated 29.9.2003 and after filing the suit as it appears from exhibit 5.That money was deposited on 10.3.2004 and the suit was filed on 5.10.2003. She further admitted that she ..Category: Employment/Service Law | Date: | Hits: 118
Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)
....at is not the duty performed by a public servant in the service or pay of the Government. His performance is in the nature of a public service first to the people of his constituency and then, to the whole nation, which is not meant or covered by said clause twelfth. He is accordingly first answerab......s PS1 penalty under section 156(1), 11(a) of the Customs Act along with 1% service charge. 6. After such adjudication order, respondent No.3, the Principal Appraiser demanded said duty and penalty amounting to taka 1,48,76,068,96.00 vide his letter dated 05.11.07. Copy of the said order along wit......afiq-ul Huq, learned Senior Advocate took us through the writ petition particularly the FIR and other orders passed by the Special Judge and submitted that after the payment and receipt of the entire money under the demand on the basis of adjudication order dated 05.11.07 and the customs authority h..Category: Fiscal/Taxation Law | Date: | Hits: 246
Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)
....file the suit is extinguished and no longer in existence. Accordingly, the suit is dismissed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ...... UK for which additional duty and sales taxes had to be paid. The plaintiff sent a letter of demand dated 8-8-2000 claiming a sum of Taka 5,94,28,890 for the losses suffered but failed to recover the amount. 3. The plaintiff filed a suit being Admiralty in Rem No. 600196 of 2001 in the High Court......file the suit is extinguished and no longer in existence. Accordingly, the suit is dismissed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ..Category: Limitation Law | Date: | Hits: 174
FR Garments (Pvt.) Ltd. Vs. Artha Rin Adalat, Dhaka, 2008, 37 CLC (HCD)
....cted to proceed with the Execution Case No. 658 of 2005 expeditiously. Communicate the judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 296; 61 DLR (HCD) (2009) 223. ......e respondent No.2. Agrani Bank as plaintiff instituted Artha Rin Suit No. 914 of 2004 in the Artha Rin Adalat No. 1, Dhaka impleading the petitioner and others for realization of its outstanding dues amounting to Taka 2,20,33,779 as stood on 31-7- 2004. The defendant did not turn to contest the suit......003 provides the execution case shall be filed within 180 days. Admittedly, ex parte judgment and decree was passed on 3-3-2005 (preliminary decree signed on 9-3-2005) with a direction for payment of money to the defendant within 60 days and the execution case was filed by the respondent Bank on 9-1..Category: Civil Law | Date: | Hits: 170
Abbas Ali and others Vs. Sharif Hossain Chowdhury and others, 2010, 39 CLC (HCD)
....cated photo copies of the same. Send down the lower Court record. Communicate this order at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ......cated photo copies of the same. Send down the lower Court record. Communicate this order at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ......d no title; learned Judge found that plaintiff failed to prove his title as title of plaintiff was extinguished in L.A. Case No.8/37-38 as plaintiffs' predecessor, Meher Ali received the compensation money, as such, plaintiff acquired no title as successive heirs of Meher Ali. 12. Mr. T.H. Khan, ..Category: Property Law | Date: | Hits: 80
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