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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.......assed by the Artha Rin Adalat, No.2, Dhaka in Artha Rin Case No.133 of 2005 rejecting this petitioner's application under section 12(1)(2) of the Artha Rin Adalat Ain, 2003. 2. The facts necessary for disposal of this rule. In short, are that the respondent No.2 Janata Bank, as plaintiff, filed t......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)
.... having asserted her source of title on inheritance as well as auction purchase of shares of other two co-sharers in the suit property, Courts below committed an error of law in failing to dispose of claim of Plaintiff with reference to legal evidence on record and decisions of Courts below in dismi......Revision Petition under section 115 of The Code of Civil Procedure (For short The Code). Civil Revision Petition has been numbered as Civil Revision No.380 of 1991. 2. Portrayal of intrinsic datum forming backdrop of Civil Revision Petition may succinctly be stated. 3. Sreemati Hari Rani Basak......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
.... other machinery namely; Projector Head, Head Lens etc, of the Exhibiting House was attached. But however, subsequently machinery, Projector Head and Head lens were released to the petitioner and the claim so made was ultimately withdrawn by the petitioner for the return of projector, Head lens etc.......(Appeal) Dhaka and finally by the Additional Secretary, Ministry of Finance (Internal Resource Division) Government of Bangladesh and National Board of Revenue, Dhaka.
2. The short facts, relevant for the purpose of disposal of the Rule, are that the petitioner is the proprietor of a Cinema Hall ......oner is not entitled to the relief sought in the writ petition.
In the result the Rule is discharged without any order as to costs
Ed.
This case is also Reported in: 49 DLR (HCD) (1997) 321.
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Category: Fiscal/Taxation Law | Date: | Hits: 278
Zafar Ali (Md.) Vs. Md. Momtaz Hasan & others, 1997, 26 CLC (HCD)
....of sale themselves and the deeds of agreement being separate and different one, the transactions do not come within the ambit of section 95(a) of the State Acquisition and Tenancy Act. So the reliefs claimed for declaration as stated above and also for redemption, giving colour of usufructuary mortg......al No.120 of 1991 allowing the appeal and reversing the Judgment and decree dated 26‑5‑1991 passed in Other Class Suit No.266 of 1987 by the Additional Assistant Judge, Natore, decreeing the suit for declaration that the transfers are mortgage and are subject to redemption. 2. Petitioner file......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
State Vs. Raisuddin and others, 1996, 25 CLC (HCD)
....uleka Khatun, wife of the informant, was at the eastern bhiti tin house and she saw the occurrence from that place and recognised some of the accused by the light of the moon. P.W.18 Asia Khatun also claimed to have seen the occurrence from the kitchen of the western bhiti house. The raiding party f......al No.1011 of 1992 and Jail Appeal No.1025 of 1992. Judgment Qazi Shafiuddin J.- This reference being Death Reference No.17 of 1992 has been submitted by the learned Sessions Judge, Mymensingh for confirmation of the death sentence passed upon accused Raisuddin, Samar, Anumullah, Morshed and ...... liberty forthwith if not wanted in connection with any other case. The jail appeal being Jail Appeal No.1025/992 is also allowed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 517. ..Category: Criminal Law | Date: | Hits: 104
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. ......ee passed by the Subordinate Judge, 2nd Court, Dhaka, in Title Suit No. 471 of 1990, decreeing the suit in favour of the plaintiff, should not be set‑aside. 2. The defendant No.1 is petitioner before this Court, opposite party No.1 as plaintiff instituted the aforesaid Title Suit for a decree f......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
Tohfa Khatun and others Vs. Moulavi Mukhilisur Rahman and others, 1997, 26 CLC (HCD)
....it land of CS plot No.71 of Mouja Rajumshuri and plot No.109 of Mouja Shibpur. Total area of said plot No.71 is 0.65 acres and that of plot No.109 is Â0.45 acres. Out of the said land the plaintiff claimed 0.043/4 acres of land from plot No.71 and 0.34 acres from plot No.109 by way of purchase fro......ent Syed Amirul Islam J.- This Rule is directed against the order dated 12‑8‑95 passed by the learned Subordinate Judge, 4th Court, Dhaka, in Title Suit No.89 of 1969 rejecting the application for amendment of written statement. 2. The opposite party No.1 as plaintiff instituted Title suit......d circumstances of the case there will be no order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 315. ..Category: Procedural Law | Date: | Hits: 118
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. ......rom the suit house fill filing of the regular suit in the original Court on re‑opening at the end of winter vacation. 2. The suit property was acquired by the Government in LA Case No.13/59‑60 for rehabilitation of the refugees. Subsequently Assistant Commissioner, Settlement by an order date......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
Alhaj Abdul Awal Ratan and another Vs. Abdul Mannan Mia and others, 2008, 37 CLC (AD)
....g the pre-emption case holding that the petitioner failed to prove that the market value of the case land was Tk. 60,000.00 as mentioned in the impugned kabala which he found to be Tk. 6,00,000.00 as claimed by the opposite parties. The specific case of the opposite party No.2 being that market valu......cord-For the Petitioners. A. J. Mohammad Ali, Senior Advocate, instructed by Haridas Paul, Advocate-on-Record- For Respondent No.1. None represented- For Respondent Nos. 2-27. Civil Petition for Leave to Appeal No. 1779 of 2007. Judgment Mohammad Fazlul Karim J.- This petitioners seek......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-Âemption. 3. The pre-emptee, Abdul Awal Rata..Category: Property Law | Date: | Hits: 88
M. M. Mahboob and others Vs. Sk. Abdur Rashid and others, 2004, 33 CLC (AD)
....vertisement for direct recruitment of the writ petitioners and others was published on 10.6.1982 after the appointment of the appellants and they were appointed in 1983. So the wit petitioners cannot claim to be senior to the appellants. PSC opined on 12.12.1984 and 26.6.1985 that the appellants wou......h represented by the Secretary, Ministry of Establishment and three others. Both the appeals by leave have arisen from the judgment and order dated 13.7.2000 passed by the High Court Division in the aforesaid writ petition making the Rule absolute. Since both the appeals involve a common question of......ected themselves in making the Rule absolute. In the result, we find substance in the appeal and accordingly, the appeals are allowed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 266. ..Category: Employment/Service Law | Date: | Hits: 149
Kabiruddin Ahmed Vs. Akmal Hossain and others, 1995, 24 CLC (HCD)
.... was not filed within the time prescribed for by the Union Parishads (Election) Rules, 1983. 4. The petitioner and the opposite party No.1 examined 3 witnesses each, in support of their respective claims. 5. The learned Tribunal found that on the last date of filing nomination paper i.e. on 7â......ion of Barakhada Union Parishad within the district of Kushtia. Three persons, including the petitioner and the opposite party No.1, filed nomination paper's and contested the election; the last date for filing nomination paper was 7‑12‑91 and the following day i.e. 8‑12‑91 was fixed for the...... no order as to costs. Let a copy of this Judgment and order be sent to the Chief Election Commissioner for his taking necessary steps. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 245...Category: Election Law | Date: | Hits: 301
....ed the contract agreement dated 3‑9‑90 entered into between the plaintiff and the defendant. Thereafter the defendant through their letter dated 11‑3‑91 addressed to the plaintiff submitted a claim for Taka 36 crore on account of works done together with cost of materials, etc. The plaintiff......nt M/s. Concord Engineers and Construction Limited, a Company incorporated under the Companies Act, with the averments, inter alia, that the Government of Bangladesh drew up a comprehensive programme for construction of two fly‑overs in the city of Dhaka, namely, one at Mohakhali and the other at ......bordinate Judge. In this view of the matter, the appeal fails.
In the result, the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 243...
Category: Alternative Dispute Resolution | Date: | Hits: 263
Sarada Bala Sen Vs. Sheikh (Md.) & others,1995, 24 CLC (HCD)
....med learned Advocates appearing for the plaintiff-respondent, on the other hand, submit that the plaintiff of the present suit cannot be termed as trespasser in the suit‑premises, as his consistent claim is that he purchased the suit‑premises in his possession from the real owner and he has vali......1992 restraining the defendant appellant from proceeding with the Execution Case No.10 of 1992 pending in the 1st, Court of Assistant Judge, Chittagong. Short facts relevant from the disposal of the aforesaid appeal are, that the defendant‑appellant instituted a suit being SCC Suit No.33 of 1983 f......the above decision, the connected application is however rejected. Communicate this order to the Court below at interest of justice. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 239...Category: Civil Law | Date: | Hits: 130
Aminur Rashid Vs. Collector of Customs, Customs House, Chittagong and others, 1996, 25 CLC (HCD)
....stoms duty on the petitioner's imported cargo was correctly assessed after submission of the bill of entry at the rate of 45% ad valorem on the basis of SRO dated 6‑7‑93 and the petitioner cannot claim to be assessed on the basis of superseded SRO dated 18‑6‑92. 3. Learned Advocate appear...... challenge. 2. Case of the petitioner is that; as per SRO No.151 Law/92‑1465/Customs dated 18‑6‑92 published in the Bangladesh Gazette customs duty was 15% ad valorem on the milk food infant formula "My Boy" under HS Code No.19‑01‑1901.10.10 and accordingly, petitioner opened an LC for ......refore, find no merit in the contention of the learned Advocate for the petitioner. In the result the Rule is discharged with cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 503. ..Category: Fiscal/Taxation Law | Date: | Hits: 204
Janata Bank Vs. Saiful Islam, 2006, 35 CLC (HCD)
....trict Judge) 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 th......Bank……………………………Appellant-Petitioner Vs. Saiful Islam……………………………Respondent-Opposite Party Judgment March 12, 2006. Result: The application for amendment is allowed. Case Referred to- Kishandas Vs. Vithoba, (1909) 33 Bom 644. Lawye......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)
...., 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 and by accumulating claims for compensation etc. under different heads, laid a demand to the petitioner for a total amou......neous case are reconstructed below in precise from. 3. The opposite party successfully respondent to a tender invitation, which the petitioner herein, (the opposite party in the Court below), henceforth referred to as the petitioner, floated, on 31.1.96 seeking bids from contractors for site deve......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
Md. Aminul Haque Helal Vs. Mr. Justice Sultan Hossain Khan and others, 2006, 35 CLC (HCD)
....e the question came up for consideration of the protection of Article 135 of the Constitution and it was held that An Administration appointed under President's Order No.16 of 1972 is not entitled to claim the protection as provided in Article 135 of the Constitution. 24. Mr. Islam concludes his ......d in this writ petition on the ground that the office of the chairman and commissioners are neither constitutional posts nor posts of oath but created as per provisions of the Durnity Daman Ain to perform function of the Sovereign Republic and that function is neither judicial nor quasi judicial but......ove the petitioners case. In view of our discussions and findings made above, this rule is discharged without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 1. ..Category: Constitutional Law | Date: | Hits: 228
Md. Abdul Khaleque Vs. Uttara Bank Limited and others, 2011, 40 CLC (AD)
....ming to the findings that the petitioner has got Tk.11,533/- in his provident fund as well as owner of the landed property measuring about 0.70 decimals and as such, the petitioner is not entitled to claim him as a pauper as contemplated under the provision of the Order 33 Rule 1 of the Code of Civi......BLC (AD) 1. Lawyers Involved: Md. Abdur Razzaque Miah, Advocate, Instructed by Syed Mahbubar Rahman, Advocate-on Record- For the Petitioner. Not represented-For Respondent. Civil Petition for Leave to Appeal No.683 of 2009. Judgment Md. Mamtazuddin Ahmed J. - This petition for leav......nd no considerable substance in submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 256...Category: Civil Law | Date: | Hits: 118
Dhaka Leather ComÂplex Ltd. BCIC Vs. Sikder Construction Ltd. and another, 2003, 32 CLC (HCD)
.... the parties and also the umpire. Pursuant to the notice, on 19-8-1999 the umpire filed the award in court. 3. It further appears that earlier when there was a dispute between the parties over the claim of respondent for the work done the matter was referred to two Arbitrators appointed by each o......e defendant against judgment and decree dated 4‑4-2002 passed by the Joint District Judge, Court No.5 at Dhaka in Title Suit No.158 of 1999, which made an award the Rule of court. 2. Short facts for disposal of the appeal are that, the respondent on 4-8-1999 made an application under section 14......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)
....ss for which he needed money and also he will have to enjoy leave himself in connection with a case filed by another General Manager against him in the 4th Joint District Judge, Dhaka which was filed claiming a sum of taka 1, 00, 00,000.00 (Taka one crore) against him. The authority of the Corporati...... 2. Facts giving rise to C.A. No.242 of 2009 are as follows: Respondent No.1, Md. Ali Hossain as writ-petitioner (hereinafter referred to as the petitioner) filed Writ Petition No.3109 of 2006 before the High Court Division impleading the appellants as respondent Nos.1-3 and the Government of t...... 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
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