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Idris Miah (Md.) Vs. State, 1998, 27 CLC (HCD)
....ellants under section 476 of the Code. Send down the LCR at once and also send a copy to the Judge concerned for her future guidance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 629. ......judgment and order to the Magistrate concerned for taking legal action against P.W.1 and held that P.W.2 caused loss to the accused to the extent of at least Taka 20,000.00 and directed him to pay an amount of Taka 20,000.00 to the accused within one month. Being aggrieved by the above direction giv......ellants under section 476 of the Code. Send down the LCR at once and also send a copy to the Judge concerned for her future guidance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 629. ..Category: Criminal Law | Date: | Hits: 72
Shamsul Haque Vs. Court of Settlement and others, 1996, 25 CLC (HCD)
....te notification dated 23rd June, 1986 within 60 days from the receipt of the copy of the Judgment. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 469. ......te notification dated 23rd June, 1986 within 60 days from the receipt of the copy of the Judgment. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 469. ......eaving behind wife respondent No.4. Bahar Ara and her two minor sons Zakir Hossin Rezvi and Iftekhar Rezvi. Respondent No.4 was appointed guardian on behalf of the minor sons on 27‑6‑1967. Salami money of the holding was paid by 1967 and Clearance Certificate was issued on 3‑5‑67. Respondent..Category: Property Law | Date: | Hits: 107
....t wherever it is necessary within 60 days from the date of receipt of the copy of this Judgment.
There will be no order as to cost.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 467.
......eement for lease which was entered into in between the Government of erstwhile East Pakistan and the deceased Md. Serajuddin. Mr. Serajuddin paid the consideration money for the lease‑hold property amounting to Taka 1,14,966.00 and the deed of lease was accordingly executed and registered on 26th ......as of land by virtue of standard agreement for lease which was entered into in between the Government of erstwhile East Pakistan and the deceased Md. Serajuddin. Mr. Serajuddin paid the consideration money for the lease‑hold property amounting to Taka 1,14,966.00 and the deed of lease was accordin..
Category: Property Law | Date: | Hits: 119
Khadem Ali Akand (Md.) Vs. State, 1996, 25 CLC (HCD)
....y the handwriting expert and then to dispose of the case in accordance with law. Communicate this order to the Court below at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 441. ......ccompanying letter No.28 by putting his signature in the peon book. Subsequently the accused encashed the cheque by putting his signature on the backside of the said cheque but without depositing the amount with the Zila Parishad, the accused appellant misappropriated the amount. On the above allega...... Bus‑Owner Association took lease of Tangail Bus Terminal for the year 1985 from Tangail Zila Parishad having received takid over phone on 2‑4‑85 from the accused appellant for payment of lease money. The Secretary and Treasurer of the Bus Owners' Association prepared and issued Cheque No.3254..Category: Criminal Law | Date: | Hits: 88
Iftekhar Afzal and anothers Vs. Pubali Bank Limited and others, 1998, 27 CLC (HCD)
....lt, the Rules are discharged but without any order as to costs. The orders of stay passed by this Court in these Rules stand vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 623. ......opposite party No.1 Pubali Bank Limited on 13‑6‑92 claiming compensation of Taka 31,32,150.00 and for a further declaration that the petitioner is not liable to pay Taka 13,28,270.00 or any other amount to Pubali Bank Limited as claimed by Pubali Bank Limited against LC No. PBL/FEB/SEM/492/88 da......t No.143 of 1992 that he was not liable to pay any amount to Pubali Bank Limited on account of the alleged outstanding dues against the said imported photographic films. 5. After the filing of the money suit by Pubali Bank Limited the petitioner filed an application in the Artha Rin Adalat for st..Category: Civil Law | Date: | Hits: 171
Md. Abdul Majid and others Vs. Arjat Ali Dewan and others, 2009, 38 CLC (HCD)
....rÂdance with law. 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: 7 LG (HCD) (2010) 297. ......r during the pendency of the suit the plaintiffs were dispossessed or not by defendants from certain portion of the suit land. This will end all pending controversies between the parties and will not amount to a change in the nature and character of the suit. 15. It transpires to me that the proÂ......rÂdance with law. 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: 7 LG (HCD) (2010) 297. ..Category: Procedural Law | Date: | Hits: 114
....ned District Judge, Dhaka is vacated.
Communicate this Judgment at once.
M. Moazzam Husain J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 284; 18 BLT (HCD) (2010) 261.
......of the Code of Civil Procedure.
21. In reply, Mr. Razzaque relying on the decisions reported in 36 DLR (AD) 1 and 36 DLR (AD) 179 submits that when the law has conferred jurisdiction expressly, no amount of consent by the parties can invest a Court with jurisdiction which is not given by law.
......ned District Judge, Dhaka is vacated.
Communicate this Judgment at once.
M. Moazzam Husain J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 284; 18 BLT (HCD) (2010) 261.
..
Category: Civil Law | Date: | Hits: 178
Manik K Bhattacherjee Vs. Artha Rin Adalat and other, 2010, 39 CLC (HCD)
....t any order as to cost. The order of stay stands vacated. Communicate the Judgment of the Artha Rin Adalat No.3, Dhaka at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 195. ......d 23-10-2007 and ultimately on 23-10-2007 the learned Judge of the Adalat took up Artha Rin Suit No.219 of 2006 for hearing and decreed exparte. The judgment-debtors having failed to pay the decretal amount, the Bank filed Artha Jari Case No.34 of 2008 before the Adalat on 9-1-2008. Eventually, on p......(c) …………………… (d) …………………… (e) In such other manner as the nature of the relief granted may require; 20. Provided that, where the decree is for the payment of money, execution by detention in prison shall not be ordered unless, after giving the judgment-debto..Category: Civil Law | Date: | Hits: 154
Firoz (Md.) Vs. State, 2011, 40 CLC (HCD)
....liberty at once if not wanted in any other connection. Send down the L/C records along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 189. ......ffence which is tried. Offences remain defined in penal clauses with all its intricacies communication of which in any language other than the technical language of charge is not possible without and amount of risk of miscommunication. Code of Criminal Procedure, in its Chapter XIX, has taken adequa......hat the accused entered into the dwelling hut of the informant despite her opposition. He then emerged a revolver, pointed at her and charged her saying: despite repeated requests why she did not pay money. He said he would kill them all this time. At an opportune moment she and her sister-in-law (s..Category: Criminal Law | Date: | Hits: 84
Islami Bank Bangladesh Ltd. & another Vs. Agrani Bank & others, 2010, 39 CLC (HCD)
....2-1990 and Tk. 4,50,000 was withdrawn on the same day by one cheque. D.W.1 said never before such a big amount was withdrawn from the account. Tk. 80,000 was the highest amount to be withdrawn in the whole lifetime of the account. The cheques of unusually bigger amounts were presented in quick succe......ued by Dhaka WASA in favour of Messrs Mitali EnterÂprise drawn on its aforesaid account kept in the Kawran Bazar branch of the plaintiff bank. The plaintiff bank-branch had also made payments of the amount of two cheques i.e. Tk. 9,59,400 in favour of the collecting bank. The said branch of the pla......ted 30-7-2000 passed by the learned Subordinate Judge and Additional Artha Rin Adalat No.2 Dhaka, in Money Suit No.157 of 1999. 2. Facts leading to this appeal are that Agrani Bank brought a money suit for a decree of Tk. 9,59,400 against Islami Bank, on the allegation that the defendant's ..Category: Business or Commercial Law | Date: | Hits: 548
Atiqullah Pathan (Dhanu) Vs. State and another, 2010, 39 CLC (HCD)
....ecisions reported in the case Jahid Faisal Vs. Bangladesh reported in 14 BLC at page 250 where in it is held- "On perusal of section 134A of the Act as amended on 9-2-2006 and on consideration of the whole enactment, it appears that Negotiable Instruments Act being a procedural law, there is no bar ......ina Enterprise; that the complainant is selling Poultry feed including fish; that on different dates the accused Md. Atiqullah Pathan (Dhanu) purchased fish feed from the complainant on credit for an amount of Taka 63,15,461,00; that with a view to adjust the said-outstanding dues; that accused issu......nd that thereafter the complainant on 04-03-2005 and 06-3-2005 sent two legal notices requesting the accused to repay the cheque amount within 15 days but the accused did not repay the said amount of money. Hence the case. 4. On 30-3-2005 the complainant opposite party No.2 was examined under sec..Category: Criminal Law | Date: | Hits: 84
Motiur Rahman Bahadur Vs. Hemanta Kumar Shill, 2010, 39 CLC (HCD)
.... 28. It is a settled position of law that a widow as a limited heir is not a mere tenant-for-life, but is owner of the property inherited by her, subject to certain restrictions on alienation. The whole estate is vested in her for life and she represents it completely and her position is that of ...... Another fact that testifies the case of self-acquisition is that the plaintiff, Amulya and Kumudini jointly sold a piece of land from the suit plots to one Abdul Kader and Abdul Zabbar in 1956 which amounted to admission of absolute title of their vendor (Defendant No.2) in the suit land. The secon......eath of Kumudini Shill, the limited heir now in possession. 3. After the death of Lalit Kumar Shill the plaintiff, Amulya and Kumudini jointly sold 0.211/2 acre land from the suit plots, collected money and performed various religious rituals, including, Shradhya ceremony, Brahmin-feast, Chandipa..Category: Property Law | Date: | Hits: 107
Shasha Textiles Ltd. Vs. Registrar, Joint Stock Companies & Firms, 2010, 39 CLC (HCD)
.... Anjuman-e-Mofidul Islam, Office at Kakrail, Dhaka, and on furnishing receipt of payment the order may be drawn up, if so prayed for. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 173. ...... Anjuman-e-Mofidul Islam, Office at Kakrail, Dhaka, and on furnishing receipt of payment the order may be drawn up, if so prayed for. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 173. ...... selling and dealing in woolen fabrics of all descriptions and etc. 3. In the Memorandum of Association of the Company Clause 22 reads as hereunder: "To borrow or raise or secure the payment of money in such manner as the Company may think fit from the capital markets in Bangladesh and abroad,..Category: Company Law | Date: | Hits: 132
Jesmin Ara Vs. Md. Abdul Karim, 2010, 39 CLC (HCD)
....f stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 172; 18 BLT (HCD) (2010) 255. ......f stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 172; 18 BLT (HCD) (2010) 255. ......f stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 172; 18 BLT (HCD) (2010) 255. ..Category: Procedural Law | Date: | Hits: 122
Aysha Begum and others Vs. Mozibur Rahman, 2010, 39 CLC (HCD)
....is allowed. The impugned order passed by the learned Joint District Judge is set aside. There shall, however be, no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 160. ......defendant No.9 has misappropriated the same. The other premises in the schedule i.e. Gani Residential Hotel is run by defendant No.10 through an agent. Defendant No.1 has deprived the plaintiff of an amount Tk. 40,000 payable to him as his share of rental realized over ten months from the lessee of ......that too before determination of the single member's share, if any, in his family property. Furthermore the plaintiff as an expatriate living in America does not appear to be in immediate need of the money for maintaining his family. 8. Law is long settled with regard to appointment of receiver i..Category: Civil Law | Date: | Hits: 126
....n future to the respondent-Trust, it will dispose of the same in accordance with law within shortest possible time.
Mohammad Bazlur Rahman J.- I agree.
Ed.
This Case is also Reported in:
...... writ petitioners and also for direction upon the respondents to pay them (petitioners) honorarium at the rate which they were receiving since January, 2003 with a further direction for enhancing the amount of honorarium/allowance.
2. It is contended in the writ petition that the petitioners (57 ......n future to the respondent-Trust, it will dispose of the same in accordance with law within shortest possible time.
Mohammad Bazlur Rahman J.- I agree.
Ed.
This Case is also Reported in:
..
Category: Constitutional Law | Date: | Hits: 237
Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)
.... can be shown further that there was such a violation of some statutory provision of law or the principles of natural justice as would render the proceedings coram-non-judice. In the instant case the whole thing started because of an application submitted by the opposite party namely Syed Amir Hossa......to a finding as a Court of law. Hence, if the finding arrived at was based on no evidence at all or on irrelevant facts and without following the procedure it would be an illegal finding and it would amount to an exercise of power with material irregularity making the proceeding coram non judice. ......d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ..Category: Trust/Waqf Law | Date: | Hits: 134
.... the charge as leveled against him.
The accused is to be discharged from his bail bond immediately. Communicate this order at once.
Ed.
This Case is also Reported in:48 DLR (HCD) (1996) 417.
......n personal grudge Hemayetuddin had been arrested and sent to the officer in charge Galachipa for necessary action by the SDO on 17‑11‑77 while he was presiding over the Thana Council meeting. The amount of Taka 200.00 has been received by Hemayetuddin for traveling expenses as per provisions of ......n a sheet of paper. On this written complaint filed before the Sub Divisional Officer Patuakhali, the accused was asked to appear before the Sub‑Divisional Officer and on being asked to produce the money he admitted having received Taka 200.00 on account of medicine and for traveling expenses and ..
Category: Criminal Law | Date: | Hits: 84
Wahidullah Majumder Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....d by way of VAT on the imported raw rubber to the petitioner. In the result the Rule is made absolute without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 400. ...... Rule was issued calling upon the respondents to show cause why the impugned order No.43/94 dated 20‑2‑94 passed by the Collector of Customs and Excise (Appeal), Chittagong refusing to refund the amount of Taka 1,15,668.00 realised by way of VAT against the petitioner's consignment should not be......led an appeal to the Collector of Customs and Excise (Appeal), Chittagong, against an order No.58 dated 27‑12‑93 passed by the Deputy Collector of Customs (Refund), Chittagong, refusing to refund money realised as VAT from it against import of natural raw rubber. This appeal was allowed by an or..Category: Administrative Law | Date: | Hits: 192
Signage Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)
.... no legal effect. And the rule issued in relation to the allocation of fixation of a separate service code is hereby disÂcharged. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 137. ...... VAT at the rate of 15% as per the VAT Act. The respondent No.3 further demanded from the petitioner Taka 1,06,88,560 (Taka One crore six lakh eighty eight thousand five hundred sixty) only being the amount as VAT for the period of 2004-2005 and 2005-2006 fiscal year. 10. The petitioner further s...... no legal effect. And the rule issued in relation to the allocation of fixation of a separate service code is hereby disÂcharged. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 137. ..Category: Fiscal/Taxation Law | Date: | Hits: 168
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