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Selim Hossain (Md.) Vs. Shahabuddin Ahmed and others, 2014, 43 CLC (AD)
....t-petitioner without creating any hindrance or obstacle and the executing Court shall pass necessary order in that respect. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 115. ......ting the application filed under section 57 of the Artha Rin Adalat Ain, 2003 (the Ain, 2003) for cancellation of the auction sale held on 10-11-2008 and allowing him to give chance to repay the loan amount. 3. From the impugned judgment and order of the High Court Division, it appears that sev......ngs and the auction sale of the mortgaged property in question held in the execution as illegal, the observation that "The auction purchaser respondent No.3 will get return of the entire auction money which he deposited" and the direction that "the possession of mortgaged propert..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 6
....peal No. 48 of 2012 is allowed so far as it relates to respondent No. 9 Md. Saiful Alam Khondker and dismissed against the rests.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 257
......d'Taka 3, 65,120 on 23-11-2002 and Taka 16, 610 on 31-7-2004. The respondent No. 4, Md Abdur Rashid Mondal prayed for voluntary retirement from his service with effect from 30-9-1994. The payable amount against his retirement benefits was Taka 2, 62,729. He received Taka 76,737 on 12-5-2003 and ......peal No. 48 of 2012 is allowed so far as it relates to respondent No. 9 Md. Saiful Alam Khondker and dismissed against the rests.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 257
..
Category: Administrative Law, Employment/Service Law | Date: 2 Feb, 2014 | Hits: 9
Lakshmi Bala Sen and others Vs. Tarun Tapan Dutta @ Tapan Kumar Dutta and others, 2014, 43 CLC (AD)
....he matter, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 162. ......tion of the parties was to make it a mortgage by conditional sale. The mortgage was to be redeemed within 10 years. The mortgagees enjoyed the mortgaged properties for over 15 years for the principal amount and maximum interest available to the mortgagees thereon. Anukul Dutta and Natun Dutta were c......ted 25-11-1962 which was an out and out deed of sale with a condition of repurchase within 10 years from the date of the deed of sale. Prassana Kumar Dutta did never repay the consideration money and, as such, his heirs have no right to repay the money after the death of their father Prasa..Category: Tenancy Law | Date: 30 Jan, 2014 | Hits: 15
Md. Shafayet Hossain Rana Vs. State and Md. Syed Rejaul Karim Salim, 2014, 43 CLC (HCD)
....dispose of the same expeditiously. Send down the lower Courts’ records and communicate the judgment. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: ......te party 2. 3. The petitioner had filed both the complaint cases on the allegations, inter alia, that opposite party 2 had given him two cheques both dated 11.02.2008 one being No.SSD14872for an amount of taka seventy lac fifty-two thousand two hundred twenty-six (70,52,226/-)only and another b...... 138 of the Act it is apparent that the legislature has consciously used the word 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. Legislature very well knew about section 123A of t..Category: Civil Law | Date: 21 Jan, 2014 | Hits: 111
BRAC Bank Ltd Vs. Multimode Ltd, 2013, 42 CLC (HCD)
....e result, this appeal is dismissed. No costs. Connected Civil Rule No. 395(f) of 2012 is accordingly discharged. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 48 ......ement and convinced Western Union to deposit more or less US $ 75,000 within 15 days of the execution of the said agency agreement and accordingly, Western Union did the same. The deposit of the said amount was with a condition imposed on the defendant by Bangladesh Bank through permission letter. P......pany incorporated under the Companies Act, 1913. Defendant Bank as a schedule Bank, under the supervision and monitoring of Bangladesh Bank participates in various service such as, keeping deposit of money, providing loan facilities for multipurpose, monitory transactions of share business, open L/C..Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0
Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)
....erely tells the jury what they may do in any event, not what they must do or must not do, and therefore, it is superfluous form of words'. Where on the scrutiny of evidence, one finds that on the whole the evidence is more false than true, it would be dangerous to act upon it. A witness is norma......idence any statement recorded by a Magistrate or an Investigation Officer being a statement made by any person who, at the time of the trial, is dead or whose attendance cannot be procured without an amount of delay or expense which the Tribunal considers unreasonable. (3) A Tribunal shall not ...... For the reason stated above, we find no merit in these review petitions. The petitions are accordingly dismissed on merit. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 289. ..Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15
State Vs. Md. Ibrahim Ali, 2013, 42 CLC (AD)
.... to the period already undergone by him. In the result the appeal is allowed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 33. ...... to the period already undergone by him. In the result the appeal is allowed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 33. ...... defence witnesses, but did not do so. 16. It is also apparent that the accused did not challenge the splitting of the charge. 17. The accused was alleged to have defalcated various sums of money on dates between 21-12-1987 to 20-12-1991. It is true that under the Code each charge ought to..Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 3 Dec, 2013 | Hits: 26
Md. Abdur Rob Bhuiyan Vs. Sheikh Ahammed and others, 2013, 42 CLC (HCD)
.... Rule. Accordingly, the Rule is discharged. Opposite Parties 1-20 are released from their bail bonds. Send down the records. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is alsoReported in: ...... Rule. Accordingly, the Rule is discharged. Opposite Parties 1-20 are released from their bail bonds. Send down the records. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is alsoReported in: ......ite parties over a land dispute. On 15.01.2001the opposite parties 1-20 and their accomplices demanded him to pay subscription of taka 50,000/-(fifty thousand) within 15 days. As he failed to pay the money the opposite parties attacked him on 01.02.2001 at 8.45 p.m. while he along with his son was c..Category: Procedural Law | Date: 21 Nov, 2013 | Hits: 24
Abdul Momen Bhuiyan and others Vs. District Judge, Dhaka and others, 2013, 42 CLC (AD)
....he auction sale shall be deemed to have become absolute. The impugned judgment delivered by the High Court Division is set-aside. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 98. ...... The writ-petitioners obtained loan of Taka 4, 82,011.20 from respondent No.1, HBFC (House Building Finance Corporation) payable within 12 years but the writ-petitioners failed to repay the loan amount within the stipulated period. After that, HBFC filed Miscellaneous Case No.17 of 2001 in the ......he highest bid of Taka 75, 25,000 offered by respondent No.3 was accepted by order dated 25-5-2010. By the same order, the learned District Judge, Dhaka fixed 2-6-2010 for depositing the auction money. On that date, respondent No.3, the auction purchaser, prayed for time for depositing the auct..Category: Civil Law | Date: 17 Nov, 2013 | Hits: 17
Golam Sarwar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....ke necessary steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 350; 2 CLR (HCD) (2014) 301; 23 Karadalat (HCD) (2014) 15 ......rs. 24. Thus, considering the facts and circumstances of the case, vis-a-vis the law, we are of the view that the matter should be revert back to the Tribunal for deciding the proportionate amount of income of the deceased which falls in the share of the assessee for the purpose of payment......ke necessary steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 350; 2 CLR (HCD) (2014) 301; 23 Karadalat (HCD) (2014) 15 ..Category: Fiscal/Taxation Law | Date: 14 Nov, 2013 | Hits: 4
AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)
....realise the fine in accordance with law. Let a copy of this judgment along with LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 564 ......ntract with the Government. It has been also alleged that the convict-appellant received Taka 2,89,130.61 towards pay and allowances, Taka 2,75,319 towards Foreign Tours and the sum total of which is amounting to Taka 5,64,449.61. It has been further alleged that the convict-appellant subsequen......5 as pay and allowance and Taka 2,20,217.91 as Foreign Tours allowances and total of which is Taka 5,32,149.56 for the contracted same period as Secretary without adjusting the previous received money. It has been further alleged that the convict-appellant within his knowledge received money fr..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3
SM Redwan Vs. Md. Rezaul Islam and others, 2013, 42 CLC (AD)
.... "When a cheque is drawn by a person on an account maintained by him with the banker for payment of any amount of money to another person out of the account for the discharge of the debt in whole or in part or other liability is returned by the bank with the endorsement like (i) in this ca......ed by the drawer Since the cheques were returned by bank with the endorsement "payment stopped by the drawer" it is to be presumed that those were returned unpaid because the amount of money standing to the credit of that account was insufficient to honour of the cheque......drawer Since the cheques were returned by bank with the endorsement "payment stopped by the drawer" it is to be presumed that those were returned unpaid because the amount of money standing to the credit of that account was insufficient to honour of the cheque as envisa..Category: Criminal Law, Others | Date: 9 Oct, 2013 | Hits: 12
....ivance of the cashier Md. Abdul Jalil husband of the so called auction purchaser Mst. Rosna Khatun to grab the petitioner's property wroth Taka 40 lakh at a price of Taka 4 lakh only as such, the whole process of the auction has been vitiated by fraud. Mr. Fazle Rabbi also submits that the respo......the petitioner on 26-11-2008 deposited Taka 40,000 to the respondent bank vide receipt No. 185332. After deposit of said money the Respondent No.2 told the petitioner to make payment of the rest amount within 10 days, else the mortgaged property shall be auctioned.
4. The petitioner now co......o.2 who advised him to deposit Taka 40,000 to save his properties. Accordingly the petitioner on 26-11-2008 deposited Taka 40,000 to the respondent bank vide receipt No. 185332. After deposit of said money the Respondent No.2 told the petitioner to make payment of the rest amount within 10 days..
Category: Others, Procedural Law | Date: 8 Oct, 2013 | Hits: 8
Ahmed Lal Mia Vs. State and another, 2013, 42 CLC (AD)
....d by the accused and a case under section 138 of the Act, 1881 cannot be stayed on the ground of pendency of a money suit filed by the accused and if such a course is allowed to be practised then the whole purpose of the law shall be frustrated. Therefore, we find no substance in the first submissio......nishable under section 138 of the Negotiable Instruments Act, 1881 (the Act, 1881). In the petition of complaint, it was alleged, inter alia, that the accused issued a cheque on 16-1-2011 for an amount of Taka 50, 00,000 in favour of the complainant drawn on City Bank Limited, O.R. Nizam Road B......i. Md. Wahidullah, learned Advocate-on-Record, appearing for the accused-petitioner before this Division again tried to assail the order dated 26-2-2012 by submitting that the accused already filed a money suit against the complainant being Money Suit No. 13 of 2012 claiming a sum of Taka 33,97,000 ..Category: Criminal Law | Date: 3 Oct, 2013 | Hits: 5
AA Engineering Limited Vs. University of Khulna, 2013, 42 CLC (AD)
....thout deducting therefrom any amount on account of VAT. Khulna University is under the obligation to pay VAT in the instant case. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 19. ......ned Rule Nisi in Writ Petition No.3426 of 1999. 3. The University authorities, respondent Nos.1-4 contested the Rule by filing affidavit-in-opposition wherein it was contended that the aforesaid amount was lawfully deducted towards payment of VAT as per clause 2.45(a) of the General Conditions ......thout deducting therefrom any amount on account of VAT. Khulna University is under the obligation to pay VAT in the instant case. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 19. ..Category: Fiscal/Taxation Law | Date: 3 Oct, 2013 | Hits: 28
....no reason and logic, he could just sit over the matter.
With the above observations, this petition is dismissed.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 143
......uthority may have any justifiable 'demand against the petitioner, they can raise and get adjudicated the same in accordance with the provisions of the VAT Act. But they cannot adjust any disputed amount, which was never adjudicated under section 55 of the VAT Act.
When the application for c......no reason and logic, he could just sit over the matter.
With the above observations, this petition is dismissed.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 143
..
Category: Fiscal/Taxation Law | Date: 24 Sep, 2013 | Hits: 9
State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)
....stated in her statement before the Magistrate that her parents received money from Mostafiz and that Aleya would also beat her if she did not stay in the house of Mostafiz. 22. Clearly, the whole of that family was scheming against the victim, ensuring that she "continues to live in t......and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority decisions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ...... the victim suggests that it was the family's plan that Shefali should marry Mostafiz and that in spite of the fact that Mostafiz raped her, the family forced her to stay with him as he paid them money. She stated in her evidence that because she refused to marry Mostafiz, he and Aleya used to b..Category: Criminal Law, Women and Children | Date: 18 Sep, 2013 | Hits: 7
ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)
....eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500. ......hancery Building at an annual rental of 2,40,000 Dirhams from September, 2006 in preference to the earmarked rented residence of the Bangladesh Ambassador to the UAE near the Bangladesh Embassy at an amount of 2,10,000 Dirhams and because of shifting and other incidental expenses, the accused-appell......ation was that he misappropriated the monthly salaries of the two alleged gardeners of the Embassy, namely, Jewel Miah and Selim Parvez to the tune of 34,150 Dirhams. Besides, he also misappropriated money on different heads by making payment of gas bill of his residence and some household articles ..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
..... 51 DLR AD 1999.
429. The duty cast upon a public authority that tantamount to a promise, denial of which gives rise to legitimate expectation of a citizen, if his personal or social right as a whole is infringed, which may be summarised as follows:
(a) a person may legitimately expect fr......1971, and which overtly and expressly opposed the birth of Bangladesh. These petitioners are of the view that any registration granted by the Election Commission to BJI as a political party would tantamount to giving this association a 'certificate' and a kind of legitimacy by the Republic, ......hereby declared to have been given without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 14.
..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
....re concerned about the BJI registration. Petitioners Nos. 16-18 are members of "Amra Muktijyoddhar Santan" who have not made out a separate case of their own. They are unlikely to share the whole range of sentimental grievances of the clerics. They being descendants of the victims of Jamaa......g no less disqualification than BJI, also got registration at the same time. The petitioners did not challenge their registration either. The conspicuous silence of the petitioners on the above facts amounts to suppression of material facts on the one hand and signifies that they have not come with ......নোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮)
(..to be continued at CLC ID ( 9365 )
..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
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