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.....B.R) Represented by its Chairman, Segunbagicha, Dhaka and others………………………………………Respondent
Judgment
February 24, 2010.
Result:
The Rule is made absolute in part.
Case Referred to-
Ms. Camico Laboratories Ltd Vs. Government Bangladesh and others, 11 M......However, the petitioner will be at liberty to give reply under section 55 of VAT Act as per notice dated 15th July, 2007(Annexure-B).
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 388.
......However, the petitioner will be at liberty to give reply under section 55 of VAT Act as per notice dated 15th July, 2007(Annexure-B).
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 388.
..
Category: Fiscal/Taxation Law | Date: | Hits: 107
....Hoque - For the Opposite Parties.
Civil Revision No.4849 of 1998.
Judgment
Faruque Ahmed J.- This rule at the instance of the plaintiff petitioners was issued calling upon the opposite parties No.1-2 to show cause as to why the impugned judgment and decree dated 28.06.1998 and 02.07.1...... his offer and refusal by the defendants regarding execution and registration of the sale deed; that the evidence of P.Ws. 1, 2 and 3 is full of inconsistencies regarding execution of the bainapatra, payment of consideration money; that the purchase by the defendant No.5 during pendency of the suit ......ined.
The order of stay granted at the time of issuance of the rule is hereby vacated.
Send down the L.C. Records immediately.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 444.
..
Category: Civil Law | Date: | Hits: 103
Sharmin Akhter Vs. Major (Rtd.) Mahbub Akbar Bhuyian, 2012, 41 CLC (HCD)
....Party Judgment October 7, 2012. Result: The Rule is discharged with modification. Lawyers Involved: M. Shamsul Haque, Advocate-For the petitioner. No one appears-For the opposite party. Civil Revision No.568 of 2004. Judgment Md. Ruhul Quddus J.- This Rule at the instan......e the operative portion of the impugned order will remain unchanged and will take effect from the next date of hearing of the appeal, if it is still pending. Ed. This Case is also Reported in: ......e the operative portion of the impugned order will remain unchanged and will take effect from the next date of hearing of the appeal, if it is still pending. Ed. This Case is also Reported in: ..Category: Family Law | Date: | Hits: 117
M. A. Jaher and others Vs. Sonali Bank and others, 2007, 36 CLC (HCD)
....r1 are that the respondent No.1 Sonali Bank, Bhola Branch filed Artha Rin Suit No.5 of 1998 against the petitioners for recovery of loan money amounting to Tk. 1,02,69,058/41. That suit was decreed exparte by the judgment and order dated 13.11.2000. The decree holder bank, thereafter, started Execut...... surrender before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 283. ...... of 2001. 2. The facts relevant for disposal of this rule, in shor1 are that the respondent No.1 Sonali Bank, Bhola Branch filed Artha Rin Suit No.5 of 1998 against the petitioners for recovery of loan money amounting to Tk. 1,02,69,058/41. That suit was decreed exparte by the judgment and order ..Category: Civil Law | Date: | Hits: 69
Abdul Matin Vs. Government of the People's Republic of Bangladesh, 2007, 36 CLC (HCD)
....s judicata has received a statutory sanction in The Code as a matter of prudence and to give due weightage to a finding or decision so as to reach finality in the matter of a dispute between the same parties or litigating under the same parties. The Doctrine, thus, is to achieve finality of dispute ......act and circumstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 30. ......act and circumstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 30. ..Category: Property Law | Date: | Hits: 69
Md. Raushan Alam Vs. Mst. Zahura Khatun, 2012, 41 CLC (HCD)
....st. Zahura Khatun…………………………………Opposite Party Judgment November 1, 2012. Result: The Rule is discharged. Lawyers Involved: No one appears for either of the parties. Civil Revision No. 3996 of 1996 Judgment Md. Ruhul Quddus J. - This Rule at the in......e interim order of stay granted earlier is vacated. The trial Court is directed to dispose of the suit expeditiously. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......e interim order of stay granted earlier is vacated. The trial Court is directed to dispose of the suit expeditiously. Communicate a copy of the judgment. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 105
....er the joint signatures of the Executive Directors, that is plaintiff No.2 and defendant No.3. It is also the case of the appellants that one of the directors Sultana Hossain categorically denied her participation in any board meeting which was allegedly held on 7‑1‑95 and she was misled in sign......nd the publication of the newspaper the daily Ittefaq the parties in litigation may act in pursuance to resolution dated 30‑9‑90.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 597.
......nd the publication of the newspaper the daily Ittefaq the parties in litigation may act in pursuance to resolution dated 30‑9‑90.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 597.
..
Category: Company Law | Date: | Hits: 127
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....c achievements gained from various educational institutes of universal acclamation, who attained wide spectrum notoriety, not merely by dint of his intellectual pursuit but also because of his active participation in our Glorious War of Liberation, filed the first cited petition before us along with......edly sentenced to life imprisonment, while the Petitioner No.1 was purportedly sentenced to a term of ten years imprisonment and to pay a fine or to suffer an additional term of 2 years in default of payment. The purported verdicts were delivered on 17th July 1976. 6. The so-called special tribun......া কোনো বাংলাদেশি মানুষের পক্ষেই সম্ভব না।” Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 154
Amarbati Natya Mandir Vs. State, 2009, 38 CLC (HCD)
....Kanti Ghose and secondly, whether if the suit is instituted by the "Temple” through its next friend, such suit can he abated on the death of the next friend. 5. Order VII, rule 1 prescribes nine particulars to be contained in a plaint, of them, clause (b) contains the name, description and the ......n for leave to proceed with the suit after amendment of the plaint is allowed. The order of abatement of the suit is also set aside. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 217. ......n for leave to proceed with the suit after amendment of the plaint is allowed. The order of abatement of the suit is also set aside. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 217. ..Category: Civil Law | Date: | Hits: 104
Agrani Bank Vs. Orbit Enterprise Ltd and another, 2009, 38 CLC (HCD)
....terest by the Court is a discretionary one but the question is, whether this discretionary power of the Court is an unfettered one has to be construed in the light of the facts and circumstances of a particular case. Certainly this discretion, in our view, is to be exercised judiciously and not capr......erprise Ltd. represented by its managing director respondent No. 2. The defendant respondent No. 2 mortgaged the property mentioned in schedule of the plaint with the bank for the purpose of securing payment of said loan but subsequently, as the defendant failed to repay the accumulated loan of Taka......inate Judge Dhaka against the respondents for recovery of money after selling the property mortgaged with the plaintiff Bank. 3. Plaint case, in short, is that plaintiff-bank on 30-4-84 advanced a loan facility by an overdraft of Taka 8 lack in favor of defendant-respondent No. 1, Orbit Enterpris..Category: Civil Law | Date: | Hits: 95
Abdul Motaleb and others Vs. Customs, Excise and VAT Appellate Tribunal, 2011, 40 CLC (HCD)
....itioners which the petitioners had paid for the purpose of filing appeal before the respondent No.1. 2. The background leading to the Rule, in short, is that the petitioners are the proprietors/ partners of Banoful & Co., which is one of the leading business concern producing and marketin......tice dated 14-2-2008 (Annexure-C) is also declared to have been passed and issued without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 100. ......tice dated 14-2-2008 (Annexure-C) is also declared to have been passed and issued without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 100. ..Category: Fiscal/Taxation Law | Date: | Hits: 135
Rezia Sultan & another Vs. Md. Haroon Malik and another, 2011, 40 CLC (HCD)
....887; section 15 of the Act provides for jurisdiction of Courts of Small Causes i.e. the Court has jurisdiction in the case of eviction of the tenant and Small Causes Courts cannot decide title of any party, it has no jurisdiction to pass the decree for recovery of possession if the tenant thrown out......al Motors'. As per agreement of tenancy dated 15-4-69 the rent of the month concerned of the suit room shall be paid within 7 days of following next month. Defendants are always irregular in making payment of monthly rent and stopped payment of rent for the period of January, 1975 to December, 197......cellaneous case No.192 of 1980 are set aside. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 347. ..Category: Civil Law | Date: | Hits: 94
Muhibur Rahman Manik and another Vs. State, 2006, 35 CLC (HCD)
....udgment A Judicial decision is only an authority for what it actually decides. It cannot be quoted for a proposition that may seem, to follow from it. Every Judgment must be read applicable to the particular facts proved or assumed to be proved. Generality of expression that may be found cannot b......on he was sentenced to undergo rigorous imprisonment for ten (10) years. He was, also, slapped with a fine of Taka 5,000/- and to suffer further rigorous imprisonment for six (6) months in default of payment of fine. Druta Bichar Tribunal found accused Abu byes Choudhury and Gopal Chandra Das (in ab......eof. They are set at liberty at once if not required in connection with any other case. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 279. ..Category: Criminal Law | Date: | Hits: 83
Hashem Ali & Others Vs. Suruj Ali & Others, 2010, 39 CLC (HCD)
.... AFM Abdur Rahman J Hashem Ali & Others……………………….Defendant-respondent-petitioners Vs. Suruj Ali & Others…………………………Plaintiff-Appellant-Opposite parties Judgment March 22, 2010. Result: The rule is made absolute. Lawyers Involve......t Judge, 1st Court, Tangail, is hereby set aside and that of the trial Court is restored. Let the LC records be sent down at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 295. ......t Judge, 1st Court, Tangail, is hereby set aside and that of the trial Court is restored. Let the LC records be sent down at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 295. ..Category: Property Law | Date: | Hits: 83
Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)
....as the same was wrongly recorded in their names. 3. The predecessor of the writ petitioners having come to know about the said Miscellaneous Case filed an application on 2-8-1969 for addition of party which was kept with the record. Subsequently upon an application for amendment, Satinath Banda......nt No.6 claimed that Satinath Bandapaddhaya Settled 8.70 acres with respondent No.6 in CS Plot No.560/669 by executing an unregistered Amalnama dated 18th Sraban 1350 BS on receipt of Salami and on payment of RS 10 as annual rent. 25. It appears from Annexure-F to the Affidavit-in-reply that re...... to the extent of 5.17 acres as it originally stood. Communicate this Judgment to the Land Appeal Board (respondent No.1) at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 511. ..Category: Property Law | Date: | Hits: 115
Dutex Enterprise Co. Ltd. Vs. RMS Textile and Apparels Ltd. and others, 2010, 39 CLC (HCD)
....ile and Apparels Ltd. and others……………..Respondents Judgment July 7, 2010. Result: The appeal is allowed. In an ordinary commercial credit transaction normally there are four parties. The parties are (i) the buyers who procure the issue of the credit, (ii) the bank that issu......questing the issuing bank to open a letter of credit in favour of the setter. With the opening of a letter of credit, a contract is entered into by the issuing bank with the negotiating bank, to make payment under the L.C on receipt of the document contemplated in the L.C. provided there is no discr......ssible, preferably within six months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 393. ..Category: Business or Commercial Law | Date: | Hits: 365
Moti Mia Alias Motin Vs. State, 2008, 37 CLC (HCD)
....formant, Wahid, went there to mitigate the same dispute at which accused Bikul gave stick blow on the head of the victim Wahed and caused injury and other accused persons also gave blows on different parts of the body of victim Wahed and they also snatched away a wrist watch, cash Taka 700/- a elect......e does not call for any interference. In the result, the Rule is discharged. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 87. ......e does not call for any interference. In the result, the Rule is discharged. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 87. ..Category: Criminal Law | Date: | Hits: 66
Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)
....three purposes specifically mentioned in the section which are- (a) the power is not to be resorted to if there is specific provision in the Code for the redress of the grievance of the aggrieved party and the same not be exercised as against the express bar of law engrafted in any other provisi......itled to get any relief as prayed for. Hence the rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 353. ......f learned Magistrate, first class, cognizance court No.2, Pabna alleging, inter alia, that the accused Md. Salim Khan is a proprietor of "New shoe Museum", Ishurdi, Pabna; that he gave a proposal for loan for purpose of his shoe business and thereafter with the agreement with the bank, he took C.C l..Category: Procedural Law | Date: | Hits: 79
Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
....Title Suit No.227 of 2004. The crux of the case of the respondents was that they entered into a bilateral agreement with Siemens for the aforesaid work order and since Siemens was the lead firm no tripartite agreement could be entered into in respect of the said work order. The purpose of the loan w......h a specific plea that in view of the facts and circumstances of the case and in view of the undertaking given by the Siemens Bangladesh Limited (hereinafter called 'the Siemens') confirming that all payment arising out of work order issued by the Social Marketing Company Ltd. (hereinafter called 't......se No.33 of 2002 against the respondents for realising an amount of Tk.39 lac and odd. The respondents contested the suit by filing written statement. The aforesaid suit was for realisation of unpaid loan amount that was taken by the respondents from the appellant bank. In that case the respondents ..Category: Civil Law | Date: | Hits: 87
Aleka Khatun and others Vs. Government of Bangladesh, 2004, 33 CLC (HCD)
....itioners and withdrew the Title Suit from his Court. 4. In this writ petition there are several applications for vacating the order of stay as well as several affidavits-in-opposition filed by the parties. Respondent Nos. 5 and 6 contested the Rule by filing two separate affidavits-in-opposition.......ch, we hold that this writ petition is also bad for this reason. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 693. ......ch, we hold that this writ petition is also bad for this reason. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 693. ..Category: Property Law | Date: | Hits: 69
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