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.... in the impugned order of the learned Additional District Judge. As a result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 392.
......e off the defence and proceed ex parte, when the costs are not paid as directed."
In the case reported in AIR 1932 Madras, it was held that failure by defendants to furnish security to deposit the amount, in spite of orders of the Court, the Court has jurisdiction to strike off defence of the def...... in the impugned order of the learned Additional District Judge. As a result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 392.
..
Category: Procedural Law | Date: | Hits: 132
....ormulated in this application is in the affirmative and against the Revenue.
Parties are to bear their respective costs althrough.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 389.
......ppellate Joint Commissioner of Taxes, 'A' Range, Chittagong (North), Chittagong. The Appellate Joint Commissioner of Taxes turned down the contention of the assesse that disallowance of the aforesaid amount made by the Deputy Commissioner of Taxes was illegal and confirmed the disallowance in questi......ormulated in this application is in the affirmative and against the Revenue.
Parties are to bear their respective costs althrough.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 389.
..
Category: Fiscal/Taxation Law | Date: | Hits: 266
Nowsher Ali & others Vs. State, 1986, 15 CLC (HCD)
....pheld and reference is accepted. Sentence of death passed on each appellant is merely confirmed. Mohammad Sohrab Ali J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 57. ......ce under such special circumstance cannot be treated to be mitigating circumstance justifying lesser punishment and further if such delay is allowed to stand as mitigating circumstances it will amount to refusal to administer law as it stands and would perpetuate injustice. Leaned Deputy Att......pheld and reference is accepted. Sentence of death passed on each appellant is merely confirmed. Mohammad Sohrab Ali J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 57. ..Category: Criminal Law | Date: | Hits: 134
Noor Jamal Vs. State and another, 2009, 38 CLC (HCD)
....etropolitan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 531.......al Machinery for the petitioner Meghna Food Products and as per the said agreement the complainant Phonix Leasing Company granted the petitioner Meghna Food Products offered finance facilities for an amount of taka 30,10,000 only as the acquisition cost of the said machineries. It is further stated ...... "138. Dishonour of cheque for insufficiency, etc. of funds in the account.— (1) Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account is returned by the bank unpaid, either because of t..Category: Criminal Law | Date: | Hits: 103
Md. Abul Boshar Vs. Minakhi Begum & others, 2011, 40 CLC (HCD)
.... being Civil Rule No.773 (F) of 2007 is discharged. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 519.......ant to sell her property under Mouza- Uttar Hali Shahar, District-Chittagong at a consideration of 8,07,000. Accordingly, the defendant No.1 executed a bainapatra (Exhibit-2) on receipt of an advance amount of Taka 2,07,000 in presence of the witnesses with a promise to execute the deed of sale afte......mount of Taka 2,07,000 in presence of the witnesses with a promise to execute the deed of sale after procuring sale permission from the Housing Estate as well as on receipt of balance consideration money and in the event of refusal to execute and register the kabala the plaintiff would get the sam..Category: Property Law | Date: | Hits: 105
....ot arbitrarily.
In the result, this Rule is discharged but without any order as to costs.
Anwarul Hoque Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 122.
......tioner Nos.4 and 5 confirmed these transfers by their letter dated 12.02.1971 addressed to the then Commerce Bank Ltd. In the said letter they also confirmed that the sale proceeds of the transfers amounting to Tk.10,07,700/- were to be credited towards the liquidation of the amounts due from th......pport of their claim, and accordingly, the petitioners asked the Agrani Bank, added respondent No.4 and Uttara Bank to furnish and produce certificates to respondent No.3 and to obtain compensation money on behalf of the petitioner; the respondents were obliged to pay compensation either to the ..
Category: Company Law | Date: | Hits: 162
Mrs. Saleha Khatoon Vs. State, 1984, 13 CLC (HCD)
....nal Code to the effect that accused Asadul Alam, Mst. Saleha and Abdul Hossain tried to obtain wrongful gain by deceitful means and fraudulently and accused No.5 Tanjilur Rahman for engineering the whole misdeeds and accused No.5-7 abetted by witnessing the creation of the false Bainapatra, knowin......heets covered by Annexure which are receipts of registered letters issued by port office and having done so, submitted in great details, to the effect that this is a fit case for quashment because it amounts to harassment of the petitioner, in view of the mala fide actions of interested police offic......ceed in accordance with law and concluded expeditiously. Send down the records at once. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 109...Category: Criminal Law | Date: | Hits: 117
Sonali Bank Vs. Bengal Liner Ltd. & others, 1986, 15 CLC (HCD)
.... Except the above, the prayer of the decree-holder is allowed and the application for rectification of the drawn up order is rejected. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 105.......ip, but they have given personal guarantees in respect of the mortgage and, therefore, by submitting to the jurisdiction of the Court, they have rendered themselves liable personally for the decretal amount. 15. The decree-holder, however, has no right in this proceeding to enforce the mortgage...... Except the above, the prayer of the decree-holder is allowed and the application for rectification of the drawn up order is rejected. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 105...Category: Admiralty Law or Maritime Law | Date: | Hits: 360
Siraj Mia (Md.) Vs. Nasima Akhter and another, 2002, 31 CLC (HCD)
....laintiff is directed to put in stamp duty and registration fee on the valuation of the suit land at Taka 1,68,000 shown in the plaint. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 554....... between the plaintiff and the defendant No.1 and on that date the defendant No.1 handed over the possession of the suit land to the plaintiff, and the plaintiff promised that he will pay the balance amount of Taka 1,63,000 within two months whereupon the defendant No.1 will execute sale deed in his......performance of contract stating, inter alia, that the defendant No.1 got the suit land from her father by a deed of heba-bil-ewaz dated 15-12‑80 and while in possession she, being in need of cash money, agreed to sell the suit land to the plaintiff at the highest market price and then the price ..Category: Property Law | Date: | Hits: 104
....the above observation. Let a copy of the Judgment and order be sent to the concerned authority for information and necessary action.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 517. ......elates to the petitioner's file and we have also heard the learned advocate for both the sides.
9. Admittedly, an allotment letter was issued in favour of the petitioner and he has deposited the amount of first installment and fulfill the conditions which was laid down in the allotment letter, ......-2004, the petitioner applied to the respondent No.1 for allotment of a plot for 5(five) kathas in extended Uttara 3rd phase Residential Area, Dhaka petitioner depositing of Taka 1,00,000 as security money. Considering the application the respondent No.1 issued an allotment letter in favour of the p..
Category: Property Law | Date: | Hits: 115
Cyma Zarrar Vs. Arab Bangladesh Bank Limited and others, 2010, 39 CLC (HCD)
....t District Judge and Artha Rin Adalat No.3 in Miscellaneous Case No.9 of 2005 are hereby affirmed. There is no order as to costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 514. ......t District Judge and Artha Rin Adalat No.3 in Miscellaneous Case No.9 of 2005 are hereby affirmed. There is no order as to costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 514. ......19 of 2009 the facts leading to the issuance of the Rule in brief, are: In Civil Revision No.1919 of 2009, the opposite party as plaintiff filed Money Suit No.107 of 1995 for realization of loan money of Taka 6,77,7,398.89 in the Court of Joint District Judge and Artha Rin Adalat, Dhaka. But de..Category: Procedural Law | Date: | Hits: 121
Hellenic Lines Ltd. Vs. People's Republic of Bangladesh, 1985, 14 CLC (HCD)
....smissed without any order as to costs. The judgment and decree passed by the trial Court are affirmed. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 93.......Princess discharged her cargo in the jetty of the Chittagong Port Trust. The plaintiff claimed damage for the loss of 5219 Ibs of Megnus No.755 cleaning oil @$ 13,851 00 for 39,771 Ibs. i.e. damage amounting to $ 1817.62. The plaintiff further claimed damage for the loss of 359 Ibs. of Megnus seri......smissed without any order as to costs. The judgment and decree passed by the trial Court are affirmed. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 93...Category: Business or Commercial Law | Date: | Hits: 463
Shahr Banoo Mohsin Asgar and another Vs. Lailun Nahar Ershad and others, 1991, 20 CLC (HCD)
.... do application on merit. There shall, however, be no order as to costs. Let a copy of this order be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 552....... but that it was prepared in the last part of July, 1972 by using a blank stamp containing the signature of the defendant No.1 by antedating the document as of 15.8.71 and also that the earnest money amounting to Tk. 30,000.00 was not paid at all and that the deed of agreement made a fain mention ab......t No.1 but that it was prepared in the last part of July, 1972 by using a blank stamp containing the signature of the defendant No.1 by antedating the document as of 15.8.71 and also that the earnest money amounting to Tk. 30,000.00 was not paid at all and that the deed of agreement made a fain ment..Category: Procedural Law | Date: | Hits: 130
Deputy Commissioner (Revenue), Sylhet Vs. Sudhir Chandra, 1991, 20 CLC (HCD)
.... rejected. The order passed in Civil Order No.2454/90 on 20‑12‑90 in connection with this application stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 549. ......ndent, he can Present to the Appellate Court the case on which he applies for the review’’. Mr. Moksudur Rahman contends am making of civil Petition for leave under section 339(89) does not amount to an appeal preferred particularly because the leave was refused by order dated 12.2.90. He ...... rejected. The order passed in Civil Order No.2454/90 on 20‑12‑90 in connection with this application stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 549. ..Category: Property Law | Date: | Hits: 157
Jagendra Lal Poddar Vs. Naresh Chandra Poddar and others, 1985, 14 CLC (HCD)
....r interference. Accordingly, the appeal is dismissed but having regard to the circumstances of the case I make no order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 54. ......few years after the death of their father. The defendant No.1 came to Chandpur and started business there. He also borrowed Tk. 450/-from Model Bank, Chandpur and by Tk. 400/-out of the said borrowed amount he purchased the suit property. Defendant No.1 also filed an additional written statement whe....../6 years old and Fani Bhusan 13/14 years old. Jogendra Lal was the eldest of the three brothers and karta of the undivided Hindu Joint family and so the kabala was in his name but the consideration money was paid from the common fund of the joint family and the purchase was in the interest of all ..Category: Property Law | Date: | Hits: 111
GSH Jamal Vs. Surraiya Jabeen and others, 2010, 39 CLC (HCD)
....9 is hereby discharged. The ad interim order granted earlier in the Rule is also vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 493....... dated 22-1-1995 and, as such, the plaintiff preferred an appeal against the said order of the Rent Controller which is pending. It is alleged further that the defendant tenant did not pay the entire amount of rent as per agreement which is Taka 2,000 per day i.e. Taka 60,000 per month in the House ......s rent for the building in another deed as security which would not be adjusted with the rent rather at the time of handing over possession, after the expiry of the tenancy period the entire security money would be refunded to the tenant. The said agreements also contended that at the time of hand..Category: Tenancy Law | Date: | Hits: 190
Mohammad Selim Vs. State, 2012, 41 CLC (AD)
....ter, the people tried to open the door of the attached bathroom when the accused opened the door. She saw that the head of her daughter was loosely connected with the body due to slaughtering and the whole floor of the bathroom was full of blood and the accused was standing with a sharp paper cuttin...... life. 15. Accordingly, the jail petition is dismissed with the modification of sentence of death which is commuted to one of imprisonment for life. Ed. This Case is also Reported in:...... vegetables and grocery shop for the last 4/5 months and his shop was closed in 1999 for want of capital and earlier she lent Tk.13,000/- as capital. As the condemned petitioner was not returning the money on this and that plea there was strained relationship in between the condemned petitioner and ..Category: Criminal Law | Date: | Hits: 98
Mamun Akbar Vs. State and another, 2012, 41 CLC (AD)
.... infirmity in the impugned judgment and order passed by the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in:......ঠামো উন্নয়ন প্রকল্প”। The price of the land was fixed by the Government at Tk.25,000/- (Taka twenty five thousand). The accused-petitioner paid two installments amounting to Tk.2600, and failed to pay the remaining installments. So, he offered to sell the land ...... Penal Code and the allegations attract at least an offence under section 420 of the said Code. It was further observed that the fact that the bainapatra relates to agreement for sale of land and the money paid by the complainant may be recoverable in a civil suit that does not exempt the accused-pe..Category: Criminal Law | Date: | Hits: 90
Shahidul Islam Vs. State and another, 2011, 40 CLC (HCD)
....Case No.124 of 2007 is hereby affirmed. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 471. ......00 (one lakh only). The complainant on 5-6-2006 presented both the cheques for encashment but those were dishonoured due to insufficient fund in the account and that on repeated demands of the cheque amount, the accused-petitioner failed to make any positive response. The complainant on 12-6-2006 se......n under section 256C of the Code of Criminal Procedure (the Code) praying for discharging him from the proceeding. In the said application the petitioner stated that the legal notice demanding cheque money was served on 12-6-2006 and the accused petitioner received the same on 24-6-2006. The complai..Category: Procedural Law | Date: | Hits: 114
Dr. Md. Rahmat Ali Vs. State, 2011, 40 CLC (HCD)
....er is discharged from his bail bond. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 452. ......ng compelled the informant gave 4 notes of 500 Taka and 30 notes of 100 Taka and the accused Dr. Rahmat Ali claimed Taka 5,000 more from the informant, and threatened her that if she did not give the amount, he would not grant the dearness allowance along with other allowances and at that time, the ......covered Taka 5,000 from the waste paper basket which was in the room of the accused petitioner. Apart from the informant, admittedly there is no eye witness of claiming bribe and receiving a sum of money from the informant. In the present case it appears that the factum of recovery has not been ..Category: Criminal Law | Date: | Hits: 87
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