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Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....titioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357.......titioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357.......he petition. It is submitted that the petitioner became a ‘surplus public servant’ after the abolition of his post by the Government for the purpose of administrative rearrangement to save public money, in accordance with section 2(e) of the Surplus Public Servants Absorption Ordinance, 1985. Th..Category: Employment/Service Law | Date: | Hits: 186
....ndent is directed to entertain, hear and dispose of the appeal preferred by the petitioner in respect of assessment year 1987‑1988.
Ed.
This case is also Reported in: 49 DLR (HCD) (1997) 279.
......titioner preferred an appeal under section 158 of the Ordinance before the respondent. Respondent by impugned order dated 29‑1‑90 returned the memorandum of appeal as he failed to pay half of the amount representing the difference between the tax as determined on the basis of the order of the Ap......ndent is directed to entertain, hear and dispose of the appeal preferred by the petitioner in respect of assessment year 1987‑1988.
Ed.
This case is also Reported in: 49 DLR (HCD) (1997) 279.
..
Category: Fiscal/Taxation Law | Date: | Hits: 221
Janapriya Rice Mills Ltd and 2 others Vs. Bangladesh, 1996, 25 CLC (HCD)
.... passing the impugned order. We therefore find no merit in these Rules. In the result, all the Rules are discharged with costs. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 277. ......f the price of remaining quantity of rice. 5. Managing Director of each of the writ petitions was convicted and sentenced to suffer imprisonment for different terms and also fined to pay different amounts. Petitioner of each of the writ petitions and other such defaulting rice mill owners made re......already been noticed that director/managing director of each of the Rules was convicted by the Martial Law Court and sentenced to different terms of imprisonment and fined to pay different amounts of money as they failed to deliver entire agreed quantity of rice after crushing paddy supplied by the ..Category: Others | Date: | Hits: 146
British Airways Plc. Vs. Bangladesh Air Services Pvt. Ltd., 1996, 25 CLC (HCD)
....e, Dhaka, in Arbitration Misc. Case No.368 of 1994/37 of 1994 is set aside. Send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 249. ...... the learned counsel for the respondent that "such foreign jurisdiction clauses are not hit by the main provisions of section 28 of the Contract Act, as they are neither opposed to Public Policy, nor amount to an absolute ouster of jurisdiction of "ordinary tribunals" within the meaning of the secti......itory, means such Courts as may be specified in the said notification. Explanation 3‑"Decree", with reference to a superior Court, means any decree or Judgment of such Court under which a sum of money is payable, not being a sum payable in respect of taxes or other charges of a like nature or r..Category: Alternative Dispute Resolution | Date: | Hits: 304
M/s Shorhab Vegetable Oil Refinery Limited Vs. Artha Rin Adalat and others, 2007, 36 CLC (HCD)
.... by any competent agency in presence of both the parties. 9. The stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 537.......acts necessary for disposal of this rule. In short, are that the respondent No.2 Janata Bank, as plaintiff, filed the aforesaid Artha Rin Case against the petitioner and other for realization of loan amounting to Tk.23, 62, 44, 835.60. This petitioner appeared in that suit and filed written statemen......ate appearing for the writ petitioner has pointed out that sub-section (1) of section 12 of Artha Rin Adalat Ain, 2003 provides that no financial institute shall file any suit for realization of loan money before selling the pledge goods and adjustment the sale-proceeds thereof against the outstandi..Category: Civil Law | Date: | Hits: 120
Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....ara 1 Krantee share owned by Gokul Chandra Basak and Modon Mohon Basak had been put to auction and Plaintiff-Petitioner Hari Rani Basak purchased property of the above shares i.e. 2/3 of share of the whole property and sale was confirmed. Sale Certificate had been issued and on the strength of Writ ......he leased out property on a properly instituted Civil suit. It has been held: Even if the co-sharers made amicable arrangement for separate possession of their lands for convenience that would not amount to partition of the lands in question by mets and bounds in accordance with law. It has be......ra Basak who died leaving behind 3 sons who left for India in the year 1950. Defendants are in possession of suit property long before 1960. Under threat and coercion Plaintiffs husband realized some money from some of Defendants posing himself to be the owner of suit property without issuing any Re..Category: Procedural Law | Date: | Hits: 108
Zafar Ali (Md.) Vs. Md. Momtaz Hasan & others, 1997, 26 CLC (HCD)
....hose of the trial Court are restored. The suit is decreed. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 319. ......hose of the trial Court are restored. The suit is decreed. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 319. ......ting two deeds of agreement were executed in favour of the plaintiff by the defendant No.1, stipulating therein that the suit land would be reconveyed within 7 years on repayment of the consideration money by the vendor to the vendee. Reconveyance, treating the transfer as usufructuary mortgage, hav..Category: Property Law | Date: | Hits: 117
M/s. Mamun Poultry Complex Vs. Government of Bangladesh & Others, 2006, 35 CLC (HCD)
....ation of the impugned memo dated 31-05-06 as evident in Annexure-D be stayed. With this observation the application is disposed of. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 56. ......n J.- Under the Constitution of Peoples Republic of Bangladesh the petitioner has challenged the impugned memo dated 31.05.2006 issued by the Respondents directing the petitioner to pay the principle amount in 24 equal installment as per the directive made by the Government. 2. The learned Advoca......ation of the impugned memo dated 31-05-06 as evident in Annexure-D be stayed. With this observation the application is disposed of. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 56. ..Category: Others | Date: | Hits: 125
Bangladesh Vs. Hosne Ara Begum and others, 1994, 23 CLC (HCD)
.... below are hereby affirmed. There will be no order as to costs. Let the LC records be immediately sent down to the trial Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 511. ...... below are hereby affirmed. There will be no order as to costs. Let the LC records be immediately sent down to the trial Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 511. ......to 4 entered into an agreement with the plaintiff on 6‑7‑1993 for selling the suit property at a price of Taka 80,000.00 at the time of execution of the deed of agreement the entire consideration money was paid to the defendant Nos.1 to 4 and it was stipulated that if within eight years the defe..Category: Property Law | Date: | Hits: 157
Ferdousy Begum (Doli) Vs. Mahela Khatoon and others, 1996, 25 CLC (HCD)
....or the aforesaid reasons we do not find any substance in this petition. The result is; we reject the petition in limine. No costs. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 313. ......or the aforesaid reasons we do not find any substance in this petition. The result is; we reject the petition in limine. No costs. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 313. ......tlement by an order dated July 20, 1979 allotted the same to the opposite party 1. She entered into an agreement for sale with the petitioner on July 11, 1991 and received Taka 1,50,000.00 as advance money out of the consideration money of Taka 8,00,000.00 and the petitioner was given possession the..Category: Civil Law | Date: | Hits: 121
Dilruba Aktar Vs. AHM Mohsin, 2003, 32 CLC (HCD)
....mount if not so paid shall be recoverable as arrears of land revenue. Lower Court's Record be sent down as immediately as possible. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 568....... 36. Sub‑section (5) of section 6 of The Ordinance 1961 enjoins that any man who contracts another marriage without the permission of the Arbitration Council shall (a) pay immediately the entire amount of the dower, whether prompt of deferred, due to the existing wife or wives, which amount, if......mount if not so paid shall be recoverable as arrears of land revenue. Lower Court's Record be sent down as immediately as possible. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 568...Category: Family Law | Date: | Hits: 165
Alhaj Abdul Awal Ratan and another Vs. Abdul Mannan Mia and others, 2008, 37 CLC (AD)
....he above, we find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 272. ......lowed the Preemption Miscellaneous Case No.54 of 2000 illegally occasioning failure of justice; that the learned District Judge found that the market value of the case land was much higher than the amount mentioned in the kabala and as such, rightly disbelieved the impugned kabala as sub-kabala mo......necessity of the disputed land and he has got less than 20 bighas of land and as such, he is entitled to get the disputed land by way of pre-emption. So, depositing the consideration and compensation money he instituted the instant application for pre-emption. 3. The pre-emptee, Abdul Awal Rata..Category: Property Law | Date: | Hits: 88
Nizamuddin Dhali (Md.) Vs. State, 1993, 22 CLC (HCD)
....he light of the observations made in the body of this Judgment. The accused appellant may be allowed to remain on bail pending trial. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 507. ......hat in imposing fine of Taka 300.00 the learned Trying Court violated the mandatory provision of section 9 of the Criminal Law Amendment Act, 1958 by imposing a token fine which is much less than the amount of this appropriation of Taka 61,000.00 and odds. 10. Accordingly, the appeal is allowed. ......he light of the observations made in the body of this Judgment. The accused appellant may be allowed to remain on bail pending trial. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 507. ..Category: Criminal Law | Date: | Hits: 95
Janata Bank Vs. Saiful Islam, 2006, 35 CLC (HCD)
....defendant-respondent within three months with a direction to amend the plaint as prayed for. Office is directed to do the needful. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 18. ......dge) Artha Rin Adalat, Bogra against the defendant respondent praying for recovery of Taka 39,49,957.00 as on 31.05.2000 and further prayed a decree of interest as 18% till realization of the claimed amount and also prayed for a final decree for selling the Mortgaged property described in the schedu......tions against the selfsame business. 10. It is also stated that on the date of proposal for the last sanction loan dated 25.02.1996 till expiry on 31.05.1997, the transactions namely withdrawal of money by the defendant respondent through his loan account and deposits by defendant respondent are ..Category: Civil Law | Date: | Hits: 117
Bangladesh Bank Vs. Md. Kasedul Haque Majumder, 2003, 32 CLC (HCD)
....ion Miscellaneous Case No.41 of 1999 is set aside. The aforementioned rule is consequently made absolute without any order as to cost. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 11. ......0000.00 at least. The opposite party sustained loss on several other counts as well and by accumulating claims for compensation etc. under different heads, laid a demand to the petitioner for a total amount of Tk. 5663803.00. Despite recurring request the petitioner gave no heed to the said demand, ......k. The petitioner improperly enhanced the bank guarantee without giving the opposite party any opportunity to show cause, which act damaged the opposite party's business goodwill computed in terms of money at Tk. 2500000.00 at least. The opposite party sustained loss on several other counts as well ..Category: Alternative Dispute Resolution | Date: | Hits: 218
Dhaka Leather Complex Ltd. BCIC Vs. Sikder Construction Ltd. and another, 2003, 32 CLC (HCD)
....order as to cost. Order of stay granted in the Rule on 10-9‑2002 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 578.......96, the defendant wrote letters to the umpire to that effect. But the umpire did nothing. 12. We have perused the objections. The allegations made do not appear to be of any concrete instance that amounts to misconduct of the umpire or of the proceeding. It was so found by the court. The court he......nnot be said to be out of time. 9. Mr. Samad referred few letters which have been printed in a supplementary paper book but not adduced into evidence and submitted that when the plaintiff demanded money on the basis of the award in June, 1996, it must be held that the plaintiff had at least knowl..Category: Alternative Dispute Resolution | Date: | Hits: 190
Bangladesh Parjatan Corporation Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
....termination letter and thus to give legitimacy to such order and must see whether such order in view of the pleadings of the respective party was just, fair and reasonable in the context. 37. The whole tenor of the case of the writ-respondents was that the petitioner was found guilty by the enqu...... writ-respondent-appellants herein to reinstate him in his post with all his due back wages and benefit. The appeals are dismissed. No order as to cost. Ed. This Case is also Reported in: ...... 19.02.2006 prayed for 120 days earned leave for encashment from 26.02.2006 to 26.06.2006. In the said application for leave the petitioner stated that he had some family business for which he needed money and also he will have to enjoy leave himself in connection with a case filed by another Genera..Category: Employment/Service Law | Date: | Hits: 156
Delwar Hossain and others Vs. Janata Bank and others, 2003, 32 CLC (HCD)
....l Court, we award cost of Taka 5,000 (five thousand) only upon them. Cost shall be paid to the decree holder respondent Janata Bank. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 585. ...... of any petition before Artha Rin Adalat under Order IX rule 13 of The Code for setting aside any ex parte decree passed by Artha Rin Adalat the petitioner is required to deposit half of the decretal amount or Bank Guarantee equivalent to the said amount and that failure to deposit the petition shal......l Court, we award cost of Taka 5,000 (five thousand) only upon them. Cost shall be paid to the decree holder respondent Janata Bank. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 585. ..Category: Procedural Law | Date: | Hits: 84
Janata Bank Ltd. Vs. Gulneara Begum and others, 2009, 38 CLC (AD)
....Procedure is of no help. The leave petition do not merit consideration being barred by limitation. The petition is accordingly dismissed. This Case is also Reported in: 20 BLT (AD) (2012) 170. ......Procedure is of no help. The leave petition do not merit consideration being barred by limitation. The petition is accordingly dismissed. This Case is also Reported in: 20 BLT (AD) (2012) 170. ......oner bank filed Money Suit No.8 of 1984 in the 3rd Court of Munsif, Comilla, against borrower, Sirajul Haque, the predecessor of these writ petitioners and others, for realisation of outstanding loan money and the said suit was renumbered as Artha Rin Suit No.295 of 1990 on transfer to the Artha Rin..Category: Limitation Law | Date: | Hits: 140
Ishaque Mia (Md.) & another Vs. Abdul Mazid Mollah & others, 1995, 24 CLC (HCD)
....as practicable be framed so as to afford ground for final decision upon the subjects in dispute and to prevent further litigation concerning them. Rule 2(1) provides that every suit shall include the whole of the claim which the plaintiff is entitled to make in respect of the cause of action. 17....... multiplicity of suit and further litigation concerning them. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 465. ...... multiplicity of suit and further litigation concerning them. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 465. ..Category: Civil Law | Date: | Hits: 130
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