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MG Jilani Vs. Md. Wahed Uddin Sardar, 1989, 18 CLC (HCD)
....ut any order as to costs. The order of stay granted by this Court is vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 348. ...... well as to some other documents of the defendant, namely, Ext. C Series, Ext. C is a money order receipt and Ext. C (1) is the postal Money Order Form sent to the plaintiff‑opposite‑party for an amount of Taka 300'00 in which the defendant-Âpetitioner himself remitted the said amount of the re......nts including the registered deed of transfer of the suit property in his favour. The defendant Âpetitioner examined himself only as D.W.1 and also filed a number of documents including the returned money order form and some chalan of the alleged payment of rents to the Rent Controller for the suit..Category: Civil Law | Date: | Hits: 140
M M Rahmatullah Vs. State, 1992, 21 CLC (HCD)
....cated. The learned Special Judge is directed to hold the trial expeditiously. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 576. ......,93,550.00 per katha for plot No.49 while one Mr. Golam Kibria offered Tk.1,92,000.00 per katha for plot No.49A. The Dhaka Improvement Trust, as it then was, did not accept the offer holding that the amount was inadequate and decided to construct a building of their own on the same land. Later on wh......the suits were pending Sukur Pradhan and 12 others on 26.8.89 filed a petition direct to the former President claiming that they were the original affected persons of the land and offered highest bid money of Tk. 1,93,550.00 per katha at the auction held earlier but they were not given the land by D..Category: Criminal Law | Date: | Hits: 81
Bangladesh Inland Water Transport Authority Vs. United Trading Corporation, 1989, 18 CLC (HCD)
....der of the learned Subordinate Judge cannot be sustained. In the result the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 513....... tanker from the middle of October, 1969 to 12.8.72, a further sum of Tk. 79,189.61 as interest at the rate of 6% per annum from 12.8.72 to 12.7.75, in total Tk. 5,22,820.79. The plaintiff gave up an amount of Tk. 22,820.79 as interest and made a net claim of Tk. 5,00,000/- in the suit. 4. The de......not impressed with the submission that the suit is an independent one and has nothing to do with the enforcement of the award. On the contrary it appears to be quite clear to us that in the garb of a money suit this is a suit for enforceÂment of the award of the District Judge, Dhaka. We have quote..Category: Civil Law | Date: | Hits: 142
Janata Bank Vs. Mohiuddin Specialised Textile, 2009, 38 CLC (HCD)
....r recovery of the aforesaid amount from the defendant with interest there on till its realization. It appears from the impugned Judgment and decree that the Court below although decreed the suit as a whole to be paid by six installments but did trot allow interest upon the decretal amount till its r......ctioned loan of Taka 15,00,000 + 2,00,000 = total 17,00,000 on 8-7-1989. Defendant defaulted in paying the loan and it pile up to Taka 21,86,194 and after request, when defendant did not pay the said amount or did not take any step for repaying the loan, that suit was filed. The defendant filed writ......decree. 10. Next decision the learned Advocate relied on case of Messrs MM Ispahani Vs. Sonali Bank, 37 DLR (AD) 1. Where in "Sonali Bank sanctioned Taka 3,49,14,734.70 for realization of the suit money plaintiff initiated Money Suit No.172 of 1974.The suit was decreed. Thereafter, First Appeal N..Category: Civil Law | Date: | Hits: 141
Abdul Quayuam Khan Vs. Abu Yusuf Mridha, 1997, 26 CLC (HCD)
....e date of such information the period of payment of the amount in question should be calculated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 386. ......adat Mridha being a poor man took a sum of Taka 2500.00 from Jamir Hossain, predecessor of defendants 1-8 and executed a deed of sale for the suit property on the understanding that if he returns the amount the property would be returned back to him and accordingly, a deed of sale was executed and r......ars from the said Ekrarnama that it was executed on the same date, written by the same scribe and attested by same witnesses and further it appears that no specific date of repayment of consideration money was mentioned in the said deed. The Ekrarnama (Exhibit 2) is a registered deed carrying usual ..Category: Procedural Law | Date: | Hits: 129
Delicia Dairy Food Ltd. Vs. Collector of Customs and others, 1998, 17 CLC (HCD)
....should be discharged on the said ground. In view of the discussion made above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 381.......urther order or orders passed as to this Court may seem fit and proper. 2. By the impugned order petitioner was directed to deposit within 15 days from the date of receipt of the impugned order an amount of Taka 8,06,025.00 which was short-levied in respect of the merchandise imported by the peti......should be discharged on the said ground. In view of the discussion made above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 381...Category: Fiscal/Taxation Law | Date: | Hits: 189
Sourja Bala Devi Vs. Habibullah Sheikh, 1989, 18 CLC (HCD)
..... Having gone through the judgment of both the Courts below and the deposition on record and having heard the learned Advocates of either side it appears that the appellate Court below approached the whole question involved in the appeal from a wrong angle and came to an erroneous conclusion on poin......suffered from defect of party as all the heirs of deceased Luthfur Rahman were not made a party that the applicant did not deposit under sub-clause (3)(b) of Section 174 of the Bengal Tenancy Act the amount recoverable from the judgment-debtor and that the petitioner failed to prove fraud practiced ......lication was hopelessly barred by the limitation of this section. Moreover in the opinion of the appellate Court, the provision of Section 174(3)(b), the mandatory provision of the said Act regarding money to be deposited by the judgÂment-debtor had not been complied with. Further the appellate Cou..Category: Property Law | Date: | Hits: 106
Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)
....ucation as education makes a man a bit responsible. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in:Â 62 DLR (HCD) (2010) 483. ...... and proved, general damage is implied. The principle of restitution in integrum is appropriate to pre-trial and future loss of income: so far as actual or prospective pecuniary loss is concerned the amount of compensation can be assessed with a degree of accuracy which will go far towards putting t......ik Songbad and deceased definitely received increments in each year, as such, at the time of retirement, deceased would get Taka 10,000 per month as salary. At the same time, he also earned some more money by subscribing articles in different papers, magazines, periodicals, weeklies etc. as such for..Category: Civil Law | Date: | Hits: 339
Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)
.... by the Artha Rin Adalat and if it is done, it will be wholly without Jurisdiction. Division overlooks the provision of section 3 of the Act and does not comprehend section 5(1) with the proviso as a whole. In view of the said provisions, the position is that a financial institution may institute a ......gainst the proforma defendant on contest and ex-parte against defendant No.1 and 2. It has been directed that defendant No.1 and 2 would pay the money within 1-2-2002 and if they did not pay the said amount, then till realization of the money they would pay 15% interest and also directed that from t......tle Suit No.21 of 2002 in Artha Rin Adalat No.1, Dhaka impleading Judgment debtors as defendant No.1 and 2 and Bangladesh House Building Finance Corporation as pro forma defendant, for realizing loan money of Taka 8,03,568 on selling the mortgage property. 3. Plaintiff in the plaint stated that d..Category: Civil Law | Date: | Hits: 156
....om Annexure-F-1 that during March, 2002 to April,2002 the petitioner paid Taka 19,30,521.72 as trade VAT @ 15%o for locally selling 5,212.600 metric tons of sugar in the market which is a part of the whole imported 2,08,638.840 metric tons of sugar. The petitioner sold the said sugar in the market e......stance of the petitioner, Trading Corporation of Bangladesh, (TCB) this Rule Nisi was issued calling upon the respondents to show cause as to why the refusal of the respondents in refunding the money amounting to Taka 43,81,416 which was 5% of the demand No.2/2002 dated 7-10-2002 deposited as per se......the instance of the petitioner, Trading Corporation of Bangladesh, (TCB) this Rule Nisi was issued calling upon the respondents to show cause as to why the refusal of the respondents in refunding the money amounting to Taka 43,81,416 which was 5% of the demand No.2/2002 dated 7-10-2002 deposited as ..
Category: Fiscal/Taxation Law | Date: | Hits: 323
Khaled Akbar Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)
....stice calling for our interference by this Court in these cases. Consequently these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 66. ......nance. 3. The Government as well as the requiring body appeared and challenged the assessment of comÂpensation as inflated and high. Both the opposite parties submit that under an agreement the amount of compensation was reduced to Tk. 22 lakhs and the amount having been accepted on agreement ......stice calling for our interference by this Court in these cases. Consequently these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 66. ..Category: Alternative Dispute Resolution | Date: | Hits: 280
Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)
....ed, the question of amendment of the plaint does not arise. Hence the connected rule is also disÂcharged without any order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 60. ......ed, the question of amendment of the plaint does not arise. Hence the connected rule is also disÂcharged without any order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 60. ......s on 11.11.74 without prior permisÂsion, that he failed to account for cash remittance sent by Habib Bank, Morrelgonj Branch, on the same date, issued pay order on different dates without receipt of money thereof on the same date, that there was cash shortage of Tk. 32,650/-of different parties and..Category: Employment/Service Law | Date: | Hits: 175
Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)
....e Suo Motu Rule No. 47/89 is also disÂcharged. Let a copy of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ...... however, provides that the Court may take the confession into consideration and thereby, no doubt, make it evidence on which the Court may act; but the section does not say that the confession is to amount to proof. Clearly there must be other evidence. The confession is only an element in the cons......emy Nuru Miah ChowdÂhury @ Bachu Chowdhury has to be killed, that they are to help in the matter, that if Nuru Mia ChowdhuÂry @ Bachu Chowdhury could be murdered with their help they would be given money as well as licence for yarn, etc., that subsequently it was considered that killing of Nuru Mi..Category: Criminal Law | Date: | Hits: 127
State Vs. Jahaur Ali & Others, 1987, 16 CLC (HCD)
....rejected and case is sent back on remand to trial Court for holding the trial of the case in the light of the observations made above. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 94. ......i and Sheer Mahmud and Muslim's faÂther Jan Mohammad and Jahur Ali called Jalil's elder brother Saburuddin from village Kalamati to village Bhothat at about 12' o clock and asked him to realize that amount of Taka 55/- from Jalil and hand over the same to Muslim and over that matter there was some ......crossing the Bangladesh Border. On return home Muslim Uddin reported this matter to his faÂther, Danesh and Jalil's uncle Pashan Ali and Sheer Mahmud and others. He further requested to recover that money from Abdul Jalil. Accordingly Jalil's unÂcle Pashan Ali and Sheer Mahmud and Muslim's faÂthe..Category: Criminal Law | Date: | Hits: 107
Md. Nasir Vs. State, 1989, 18 CLC (HCD)
....teen years, and when used with reference to a child sent to a certified institute or approved home or committed by a Court to the custody of a relative or other fit person means that child during the whole period of his detention notÂwithstanding that he may have attained the age of sixteen years d......s murdered by some unknown assailant. 13. P.W.1 Mosa Mia brother of appellant Nasir stated in his evidence that after having sold the cow appellant Nasir kept with himself Tk.10/- and the balance amount was handed over by him to his father deceased Nona Mia and thereafter they took tea at Sonadi......nfessional statement before the MagÂistrate stating that Enamul Hoque and Tasir Ahmed killed his father by dao blow on various parts of his body with the object of robbing his father Nona Mia of the money. Nasir Ahmed was forbidden by EnaÂmul Hoque and Tasir Ahmed to disclose their names under a t..Category: Criminal Law | Date: | Hits: 117
Muktar Hussain Khan Vs. Suresh Chandra Dey & Others, 1989, 18 CLC (HCD)
.... provision of Order 41, rule 27 of the Code of Civil Procedure. The Rule is, therefore, made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 86. ...... of the plaintiff. As per terms of the Bainapatra when the plaintiff offered to pay Tk.1, 000/-and demanded the execution of the sale deed, the defendant claimed Tk. 5,000/- as balÂance, and if that amount was not paid, he refused to execute and register the sale deed. 3. Defendant No.1 filed wr...... proposed sale of his share to the plaintiff in consideration of Tk. 10,000/-and exeÂcuted a Bainapatra on 13.2.81 receiving Tk. 9,000/-and it was agreed upon that the balance of the considÂeration money of Tk. 1, 000/- would be paid by the plaintiff by 31st December, 1984 and then regular sale de..Category: Civil Law | Date: | Hits: 133
Abdul Sattar & another Vs. Osimuddin & others, 1988, 17 CLC (HCD)
....deposited by the petitioner Tasimuddin in this pre-emption case. In the result the Rule is discharged. I make no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 24. ......deposited by the petitioner Tasimuddin in this pre-emption case. In the result the Rule is discharged. I make no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 24. ......AdvoÂcate lastly argues that the opposite party Nos. 68-69 who purchased the case land from Narayan Chandra Pal, opposite party No.1 during the pendency of the case, may be permitted to withdraw the money deÂposited by the preemptor-petitioners while he filed the pre-emption case under section 96 ..Category: Property Law | Date: | Hits: 100
Amalendu Majumder Vs. State, 1996, 25 CLC (HCD)
....rned Magistrate is directed to proceed with the case in accordance with law. Send a copy of this order to the lower Court at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 204. ......tioner for reconstruction of an iron bridge adjacent to Kundudaskati Government Primary School. It is alleged that the petitioner completed work upto Taka 34,491.00 and misappropriated the remaining amount of Taka 25,503.00 in his capacity as the Chairman of the Project Committee. On this allegatio......rned Magistrate is directed to proceed with the case in accordance with law. Send a copy of this order to the lower Court at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 204. ..Category: Criminal Law | Date: | Hits: 97
Crescent Jute Mills Company Ltd. Vs. Chairman, Labour Court and another, 1996, 25 CLC (HCD)
....under the provisions of section 25 of the Act as found above. In the result, the Rule is discharged without any order as to Costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 201. ...... and proper and it may, in appropriate case, require, by such order, the reinstatements of the complaint thereof and such order shall be final: Provided that any complaint under section shall not amount to prosecution section 27 of this Act." 5. From the above it appears that Labour Court whi......under the provisions of section 25 of the Act as found above. In the result, the Rule is discharged without any order as to Costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 201. ..Category: Labour and Industrial Law | Date: | Hits: 177
Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)
....ual merit, there cannot be any compromise. In this connection it should be emphasised that merely by enacting legal provisions, gender equality cannot be achieved. The attitude of the society as a whole has to be changed towards such an idea. We only feel sad to observe that the attitude in this ......orily ignored the petitioners, the Ward Commissioners elected in the reserved seats. Besides, there is no monthly remuneration for them. They get an Allowance at Taka 400 per meeting with the maximum amount of Taka 1600 while the Commissioner elected in the general seats get the monthly honorarium o......spects and they shall be so treated by all concerned. In the result, the Rule is made absolute but without any other as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 201. ..Category: Constitutional Law | Date: | Hits: 443
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