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Rafique‑Ul Huq Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....irecting the petitioner to submit his passport is declared to have been made without any lawful authority and it has no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 398. ...... and to be of no legal effect. The said memorandum has been filed by the petitioner as Annexure‑A to the petition. 2. The case of the petitioner is that he is a Senior Advocate of this Court and formally was the Attorney‑General of Bangladesh and he has clients inside and outside the country ......section 21 of the Foreign Exchange Regulation providing that without the permission of the Bangladesh Bank no remittance can be made and so the apprehension of the respondents about the remittance of money to a foreign country has no basis and, moreover, when no remittance has yet been made, it is n..Category: Business or Commercial Law | Date: | Hits: 601
James D. Sarker Vs. Rajshahi Krishi Unnayan Bank, 1992, 21 CLC (HCD)
....llaneous Appeal is dismissed without any order as to costs. Let a copy of this judgment be transmitted to the Court below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 394. ......inuddin Ahmed & others, 39 DLR (AD) I; Colquhoun Vs. Brooks, (1889) 14 App. case 493 (496); Canada Sugar Refining Co. Vs. R (1898) AC 735 (741) Lawyers Involved: AKM Asaduzzaman, Advocate‑for the defendant‑Appellant. Nazrul Islam, Advocate‑For the plaintiff-respondent. Sajjad......f the Code of Civil Procedure for attachment of properties before Judgment. 2. Rajshahi Krishi Unnayan Bank, the plaintiff-respondent instituted the aforesaid suit for realisation of unpaid loan money from the defendant to the tune of Tk. 2,98,92.50 including interest service charges, etc. At t..Category: Civil Law | Date: | Hits: 169
.... company for the assessment year 1979‑80 on the basis of a provisional return of its income. In computing of the total income of the assessee company the Deputy Commissioner of Taxes disallowed the claim of 71. 8,52,129'00 paid to the National Exchequer which the assessee claimed to be a deductibl......iery Mill is a nationalised concern and managed and controlled by the Bangladesh Textile Mills Corporation. The Deputy Commissioner of Taxes completed assessment of the income of the assessee company for the assessment year 1979‑80 on the basis of a provisional return of its income. In computing o......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
Noor Hossain and other Vs. State, 2002, 31 CLC (HCD)
....judgment and order of conviction deserves no interference by this Court. 10. P.W.1, the informant of this case, found to have corroborated the prosecution case as per first information report. She claimed that on the date of occurrence while her husband Londer Ali was returning from morning walk ...... Judge, Kishorgahj, in Sessions Case No.61 of 1994 arising out of GR No.24(2)91 corresponding to Bhairab GRP Thana Case No.2(9)1991, convicting and sentencing them (appellants) to suffer imprisonment for life and to pay a fine of Taka 10,000 each, in default to suffer rigorous imprisonment for one y......down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 557. ..Category: Criminal Law | Date: | Hits: 111
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.......f 2005 under section 138 of the Negotiable Instruments Act, which is now pending in the Court of Metropolitan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule is that the opposite party No.2, Phoenix Leasing Company Lt...... "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)
.... intention of the plaintiff-appellant was honest or sincere inasmuch as we have already I noticed that in this case the plaintiff-appellant without offering the balance amount as per terms bainapatra claiming the suit property by filing many applications before the various authorities. 24. In the......-11-2007 (decree signed on 20-11-2007) passed by the learned Joint District Judge, 3rd Court, Chittagong in Other Suit No.16 of 2000 dismissing the suit. 2. Material facts of the case as necessary for the disposal of the appeal are that the appellant as plaintiff filed the aforesaid suit being Ot......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
....then Commerce Bank Ltd. and Eastern Banking Corporation Ltd. now Agrani Bank and Uttara Bank respectively. It has been alleged by the petitioners that the BJMC duly verified and authenticated the claim of the petitioners on 11.05.1978 and thereafter the respondent No.3 asked the petitioners to...... as revived is directed against an order passed by respondent No.1 conveyed in letter dated 06.02.1985 refusing to transfer/disinvest Purbachal Jute Industries Ltd. in favour of the petitioners and for a direction to transfer/disinvest the aforesaid industry in terms of the notice dated 27.09.19......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
Sonali Bank Vs. Bengal Liner Ltd. & others, 1986, 15 CLC (HCD)
....only the owners of a ship but "persons interested" who appeared in an action in rem rendered themselves liable personally for the balance of the sale proceeds, if from the sale of a ship the entire claim cannot be satisfied. 13. Since the Supreme Court of Judicature Acts, 1877 and 1875, the d......tes -For the Petitioner. Syed Ishtiaq Ahmed with H.R. Sharif, Advocates-For the Opposite parties. Admiralty Suit No. 30 of 1984. Judgment Mustafa Kamal J.- This is an application praying for an order of attachment and sale of the properties of the judgment-debtors as mentioned in Annexu...... 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.......gainst the judgment and decree dated 24‑3‑92 passed by the learned Subordinate Judge, Additional Court, Narayanganj in Title Suit No.40 of 1991 dismissing the suit. 2. The plaintiff filed the aforesaid suit praying for specific performance of contract stating, inter alia, that the defendant N......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. ......ecretary to the Government of People's Republic of Bangladesh and banking such post in pursuance of the advertisement in the Daily Newspaper on 1-4-2004, 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 peti......-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)
....nd in which he had no right title and interest to create such mortgage. The Arab Bangladesh Bank Ltd. has also filed a suit in the Court of 3rd Artha Rin Adalat, Dhaka being Title Suit No.107 of 1995 claiming the suit property. The petitioner filed a Miscellaneous Case No.168 of 2004 in the Court of......re heard analogously and are being disposed of by this common judgment as they do involve common question of law and facts. 2. In Civil Revision No.1919 of 2009 Rule was issued on an application for revision made by the defendant No.3 (petitioner herein) under section 115(1) of the Code of Civi......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
Lila Begum and others Vs. Faruque Meah and another, 2010, 39 CLC (HCD)
....n being Title suit No.122 of 1965 in the Second Court of the Munsif, Sylhet. On transfer to the Court of Assistant Judge Balaganj, Sylhet it was renumbered as Title Suit No.2 of 1984. The plaintiff's claim in brief, Sukur Mahmood, was the owner of the suit land along with other lands. While he had b......erties Ltd. Vs. Bangladesh, 11 BLD 523 = 44 DLR 308. Lawyers Involved: Ibrahim Mollah with Alamgir Hossain, Advocates - For the Petitioners (In Civil Revision No. 3814 of 2006. Ekramul Hoque for Shafquat Hussain - For the Petitioner (In Civil Revision No. 4743 of 2007). SH Md. Nurul Huda......in both the Revisions are hereby recalled and vacated. Send down the LC Record immediately. However, there is no order as to costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 507. ..Category: Property Law | Date: | Hits: 97
ABM Quabil Ahmed Vs. Secretary, Ministry of Health and another, 1991, 20 CLC (HCD)
.... hence it cannot now withhold the approval contrary to the assurance. The petitioner does not appear to have made out any such case in his petition. Nor is there any cogent material in support of the claim. In the circumstances the plea of promissory estoppel is not available to the petitioner. Had ......d Kazi Ebadul Hoque JJ. As the learned Judges, by delivering separate Judgments, differed from each other on the questions involved in the case the learned Chief Justice has referred the matter to me for hearing and disposal. 2. One Dr. ABM Quabil Ahmed as the Principal of Rajbari Homeopathic ......n within a reasonable time. The Rule is, accordingly, discharged with above observation. There shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 385...Category: Others | Date: | Hits: 154
Dalilur Rahman and others Vs. State, 1991, 20 CLC (HCD)
....body after post mortem examination was brought to Langalkot and buried there. 3. At the trial all the accused persons were charged under sections 302/34 BPC to which they pleaded not guilty and claimed to be tried. 4. Defence case is that the deceased Habibur Rahman entered into the hut ......13.4.88 passed by the Sessions Judge, Comilla in Sessions Trial No. 29 of 1987 convicting all the appellants under sections 302/34 of Bangladesh Penal Code and sentencing each of them to imprisonment for life. 2. Prosecution case, inter alia, is that on 29.10.86 Wednesday at about 12‑00 AM n......nted by this court be discharged from his bail bond. Let the Criminal Revision No.1020 (R)/91 be disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 379. ..Category: Criminal Law | Date: | Hits: 148
Hellenic Lines Ltd. Vs. People's Republic of Bangladesh, 1985, 14 CLC (HCD)
....st of the remaining 39 drums were found useable (sic) Loyd's survey report Ext.1 dated 21.03.1968 had found 21 steel drums were leaky from roller bends and joints and 2 cardboard drums were torn. The claim was therefore made on defendant No.4 M/s. Birds Agencies Ltd and the Port Trust on the basis......1954) 2 QBD 402; Sre Nair Teng Bank Ltd. Vs. Rambler Circle Company Ltd., 1953 All- ER, PC 182; Matthews Vs. Gibbs (1860) 30 L.J.Q B. 55) Lawyers Involved: M. Fazlul Karim, Pritish Bhatachartya for Mafizullah, Advocates -For the Appellants. Mozammel Hossain with Kamalul Alam, A.K.M. Anwaruz......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....... Civil Revision No.2288 of 1990. Judgment Bimalendu Bikash Roy Chowdhury J.- Is the Civil Court so powerless that in exercise of its inherent powers it cannot entertain, an application for setting aside, an ex parte decree which is alleged to have been obtained on practising fraud upo......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
....e or not. In this connection it May be noted that after filing the suit for permanent injunction the plaintiffs filed an application for temporary injunction with a prayer for ad‑interim injunction claiming exclusive possession and title over the suit land. Ad‑interim injunction was granted. The......passed by the learned Assistant Judge, Naria, District Sariatpur, dismissing the Title Execution Case No.23 of 1989 should not be set aside.
2. The following facts require special consideration for the purpose of disposal of this Rule. The plaintiffs instituted Title Suit No.27 of 1987 in the ......ction given above the learned Assistant Judge, Naria, shall report compliance to the Registrar, Supreme Court of Bangladesh, Dhaka.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 545...
Category: Property Law | Date: | Hits: 123
Padmabati Biswas Vs. Banglasdesh and others, 1992, 21 CLC (HCD)
....ch‑map attached to the letter of reference, which had been shown as blocks 1‑5 and 6‑7 as prepared by khas Mahals Surveyor and the chars comprising of 129.22 acres of cultivable land were being claimed by different persons including the government with the result that there were occasions for ......d 19.4.62 passed by the Subordinate Judge, Khulna in Title Suit No 5 of 1959. 2. Collector of Khulna on 16.5.59 made a reference to the Alluvial Lands Act, 1920 stating that some island chars were formed in the bed of the river Kazibacha in Mouza Tetultala within PS Batiaghata in the District of ......on contest against respondent No.1 and ex parte against the rest. Considering the circumstances there shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 465. ..Category: Property Law | Date: | Hits: 118
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. ......, Advocates - For the Appellant. Ramendra Kumar Majumder, Advocate - For the Respondent. Second Appeal No.163 of 1979. Judgment Nurul Huque Bhuiyan J. - This appeal arises out of a suit for establishment of title in respect of one 3rd share of the suit property and for petition of th....../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
Chairman, Chittagong Port Authority, Chittagong Vs. Kalipada Dey & others, 1986, 15 CLC (HCD)
.... promoted from amongst the senior staffs of different categories through proper selection in consideration of the requisite eligibility and qualification. The respondents 1-7 had no basis for their claim and their application under I.R.O. was misconceived. They obtained the impugned order of tem......nt Traffic Inspectors. 3. The case of the respondent Nos.1-7 who were the petitioners in the I.R.O. case was that they were workers under the present petitioner and were selected in order of merit for appointment to the post of Assistant Traffic Inspector by letter dated 05.06.1983 and their join......t, the Rule is made absolute without any order as to costs and the impugned order is set aside. Mohammed Abdur Rouf J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 39. ..Category: Labour and Industrial Law | Date: | Hits: 204
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