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Islamia Automatic Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha and others, 2002, 31 CLC (HCD)
.... is discharged with a cost at Taka 25,000 to be paid by the petitioner to the respondent No.3 within 3(three) months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 463. ...... the Rule are that, the petitioner company took loan from Bangladesh Shilpa Rin Sangstha (hereinafter called "the BSRS") for establishment of its factory for which a loan was granted and an amount to Taka 51.89 lakh were given till 3‑12‑86. The petitioner company also took a loan from ......y) Rules, 1981 asked the petitioner company and its directors to pay company’s loan liabilities amounting to Taka 1,70,26,000 as on 31‑7‑92 but the company and its directors did not pay any money, whereupon on 13‑4‑96 BSRS advertised in the daily Inqilab a Public Notice for sale of the..Category: Civil Law, Contempt of Court Law | Date: | Hits: 417
Mostain Mollah and others Vs. State, 1990, 19 CLC (HCD)
.... in the FIR that the full particulars as to time, manner of attacking of Golam Hossain, Belayet Khan and Lutfor by the accused persons and P.W.2 Lutfur Rahman who is the pivot of the narration of the whole prosecution story stated that 34 named accused persons in addition to 20/24 unknown accused pe......cident has at all taken place in which these accused persons had attacked or beaten the informant party men. Therefore, even if we take the statement of P.W.8 on its face value, it does not by itself amount to alleged crime. The learned District and Sessions Judge has misconstrued and misinterpreted......oth the appeals are, therefore, allowed. We reject the letter of reference submitted by the learned Sessions Judge, Narail. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 295. ..Category: Criminal Law | Date: | Hits: 95
Sheerin Alam Chowdhury Vs. Captain Shamsul Alam Chowdhury, 1995, 24 CLC (HCD)
.... been surrendered by her in consideration for the dissolution of marriage through ‘khula’. There shall be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 79. ......e plaint that it is not possible on her part to live with her husband, as husband and wife, as such she wants dissolution of marriage by way of ‘khula’, surrendering her right to the unpaid dower amounting to Taka 25,000.00 in consideration for the dissolution of marriage by ‘khula’. 11. ...... out of their wedlock their first daughter was born on 25.7.71 and the 2nd daughter was born on 27.7.81 Subsequently, in the year 1976 she had to take up a job as her husband was not providing enough money for their maintenance. The main allegation, however, was that she was not being well treated b..Category: Family Law | Date: | Hits: 265
Bajla Rice Mills Vs. Bangladash, 1989, 18 CLC (HCD)
....hat it can dispose of the suit within the time stipulated above. Let the L.C. records be sent down to the Court concerned at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 504. ...... seers of resultant rice to the plaintiff. But the defendant actually delivered 34,316 maunds of rice. As a result there was a short delivery of 6625 maunds and 17 seers of rice, the value of which amounts to Tk.2,67,104.29. Over such short supply of rice a dispute arose between the parties and ......hat it can dispose of the suit within the time stipulated above. Let the L.C. records be sent down to the Court concerned at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 504. ..Category: Procedural Law | Date: | Hits: 93
....ance in the contentions raised by the learned Advocate for the appellant.
In the result, the appeal is dismissed without any cost.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1993) 45.
......tiff filed the suit for recovery of the money against defendant Nos.1 and 2.
3. The defendant No.2 alone contested the suit stating, inter alia, that the Insurance Company is not liable to pay the amount as the terms and conditions as stipulated in the insurance policy were not fulfilled. In de......9,000/-. The plaintiffs claim was repudiated by the appellant on the plea that the goods were damaged due to insufficient packing and inherent vice. The plaintiff filed the suit for recovery of the money against defendant Nos.1 and 2.
3. The defendant No.2 alone contested the suit stating, inte..
Category: Business or Commercial Law | Date: | Hits: 325
State Vs. Md. Sirajul Islam and others, 2012, 41 CLC (HCD)
.... time of committing of the alleged murder. The criminal conspiracy, the resultant common intention and the commission of the alleged murder of the three deceased persons are all integral parts of the whole scenario and these phenomena can be hardly separated in the facts and circumstances of the cas......iving in his (P.W.3) house. Juli was studying L.L.B. and then she gave birth to Arna (since deceased) and at that time Akhter Hossain told his daughter Julie and Julie told him that Siraj received an amount of Tk.2.5 lacs as loan from Akhter Hossain. His son-in-law Akhter Hossain got a shop allotted......ain in the name of starting a business of Mobile Phone dealership but afterwards Sohel wanted to do the business of shoe to which Aktar Hossain did not agree and ultimately Shohel did not return that money to Akhtar Hossain. Aktar Hossain claimed his share of rent of their paternal Hotel at Ananda B..Category: Criminal Law | Date: | Hits: 105
Ka Bi Ma Iftekhar Anam Vs. State & another, 2010, 39 CLC (HCD)
.... granted earlier shall stand vacated. Send a copy of this order to the Assistant Sessions Judge, 3rd Court, Rajshahi for compliance. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 338. ......tiable Instruments Act against the accused petitioner. It is further stated that the cheque in question has neither been returned by the Bank because of the insufficiency of fund nor it exceeds the amount arranged to be paid from that account by an agreement made with the bank, rather the cheque......2-4-2007 served a legal notice through his learned Advocate which was received by the accused petitioner on 17-4-2007 but the accused petitioner till to date has not taken any step to refund the said money to the complainant and hence the case. 4. On 6-8-2007 the accused petitioner voluntarily ..Category: Criminal Law | Date: | Hits: 94
Abu Hena Mostafa Kamal & another Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....es impugned against in all the petitions are hereby declared to have been passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 334. ......ther than their income from other sources, and other classes of tax payers’ money in any income year, will determine their own liability at the time of filing their Income-tax return and tender the amount of tax due along with the return. Thus, the assessee is to prepare his return of income filin......sequently introduced in Ordinance, 1984 by Finance Act 1990. 14. Under self-assessment scheme all salaried persons, other than their income from other sources, and other classes of tax payers’ money in any income year, will determine their own liability at the time of filing their Income-tax ..Category: Fiscal/Taxation Law | Date: | Hits: 167
AFM Hamidul Hoque Vs. Director, National Savings Directorate and others, 2002, 31 CLC (HCD)
....he appeal. Under the above circumstances, we find merit in this Rule. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 455.......e Government has preferred the appeal only to harass him and that a Departmental proceeding was drawn up against Assistant Director Ataur Rahman who was the real culprit to misappropriate the alleged amount and in the departmental proceeding punitive action has been taken against Ataur Rahman. There......he appeal. Under the above circumstances, we find merit in this Rule. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 455...Category: Employment/Service Law | Date: | Hits: 147
Sadia Chowdhury Parag Vs. Chairman, Film Censor Board & others, 2003, 32 CLC (HCD)
....t a certified film or class of certified films should, in the interest of law and order, or in the interest of local film industry, or in any other national interest, be decertified in respect of the whole or any part of Bangladesh, it may of its own motion, by notification in the official gazette, ......lm owing to the order of stay passed at the time of issuance of the rule on 14‑12-2002, to dispose of the Rule and abandoned his prayer to make the Rule absolute without cost firstly, because the amount claimed by the producer is a staggering and colossal sum i.e. Taka 1(one) million per day and......taged protests at the Universal lot and published an admonishing ad in the Hollywood Reporter. In a letter to MCA Chairman Lew Wasserman, Bill Bright of the Campus Crusade for Christ offered to raise money to reimburse Universal for all copies of the film, which would "promptly be destroyed". Univer..Category: Civil Law | Date: | Hits: 210
Nitai Kumar Mondol Vs. Judge, Artha Rin Adalat, and another, 2008, 37 CLC (HCD)
.... him into jail. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 446. ......2006, sentenced the petitioner to suffer civil imprisonment for six months pursuant to the provisions of section 34(1) of the Ain 2003 to compel the Judgment debtor petitioner for payment of decretal amount. We failed to discover any illegality in the impugned order. Moreover, we find that the impug...... him into jail. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 446. ..Category: Civil Law | Date: | Hits: 140
Syeda Sajeda Chowdhury Vs. State, 2010, 39 CLC (HCD)
....002 now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner only. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 441; 18 BLT (HCD) (2010) 249. ......002 now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner only. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 441; 18 BLT (HCD) (2010) 249. ......rman, Rajdhani Unnayan Kartripokha (herein after called RAJUK) and after observing all legal formalities RAJUK allotted a 5 katha's plot in favour of the petitioner on receiving the due consideration money of the Plot. 9. The learned Advocate for the petitioner submits that if the allegations bro..Category: Criminal Law | Date: | Hits: 137
Wahed Asgar Chowdhury Vs. Judge 2nd Artha Rin Adalat & others, 2010, 39 CLC (HCD)
....n Case No.215 of 2004 now pending in the Artha Rin Adalat No.1, Chittagong be declared to be unlawful and not maintainable at all. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 331. ......mitation for filing an application for drawing up a final decree on the basis of preliminary decree is 3 years from the expiry of the date fixed in the preliminary decree for payment of the decreetal amount. In this case, in the preliminary decree in question (which has been reproduced verbatim in t......of decreetal amount and, as such, the application for drawing final decree required to be filed within 3 years on expiry of these 45 days. These 45 days fixed in the preliminary decree for payment of money, admittedly expired long before 3 years of filing of the application for drawing up the final ..Category: Civil Law | Date: | Hits: 134
Abu Bakkar Siddique (Md.) and others Vs. Md. Abdur Rab Khandaker & others, 2010, 39 CLC (HCD)
....ior Assistant Judge, in Other Suit No.48 of 1993 is hereby set aside. The suit is stand dismissed. Send down the LC record at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 326. ......of the same it appears that the main contention of the plaintiffs are that the defendant No.1 used to reside in Dhaka who offered to sale the property in question and accordingly they paid the entire amount to the defendant No.1 and his son but the defendant No.1 failed to executed the sale deed and......ract may be enforced against— (a) Either party thereto; (b) Any other person claiming under him by a title arising subsequently to the contract, except a transferee for value who has paid his money in good faith and without notice of the original contract". 18. So it appears that a Specif..Category: Property Law | Date: | Hits: 90
.... Rin Adalat No.2, Dhaka is hereby directed to return the plaint to the filing Advocate for presentation before the appropriate Court.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 333.
......n as defined under the Artha Rin Adalat Ain. It is well-settled that a financial institution as defined in section 2 of the Ain may institute a Suit before the Artha Rin Adalat for realisation of the amount of loan they advanced and in this section there is a list of institutions which are termed as......er filed petition under Order 7, rule 10 of the Code of Civil Procedure for return of the plaint which was rejected by the trial Court on the ground that the plaintiff is a society which advanced the money to the present petitioner and that the Court also disposed of certain other suits of similar n..
Category: Civil Law | Date: | Hits: 135
Saiful Islam Dilder Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
.... to………..Self-determination………..being a constant element in various acts of international law, belongs to the unchangeable and inviolable human rights which are the real expressions in the whole free world of true democracy…………and form the basis of any human peaceful and just comm...... genocide.” 8. Relying upon the above noted observation in the cases cited by him and the passages and Article of the Convention he submits that even if a member of a group is killed, that would amount to genocide. Therefore, if Anup Chetia is extradited to India Bangladesh shall be held respon...... find any substance in this writ petition. In the result, this writ petition is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 318. ..Category: Constitutional Law | Date: | Hits: 421
....eding further with other arguments, we intend to dispose of the first objection that has been raised by Mr. Khondker Mahbuddin Ahmed on mis-joinder of causes of action. For proper appreciation of the whole matter let us look into the provision of section 24(1) of the Non-Agricultural Tenancy Act.
...... the present Miscellaneous was filed from Salamatullah Khan and Habibur Rahman for the first time on 10-5-90 and after getting the certified copies of the deeds the petitioner deposited the statutory amount of Taka 1,31,000.00 along with 5% compensation and prayed for pre-emption under section 24 of......ned Subordinate Judge, Chandpur in Miscellaneous Case No.59 of 1990 is hereby affirmed.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 311.
..
Category: Property Law | Date: | Hits: 113
Habibur Rahman Mondal (Md.) and others Vs. State and another, 2010, 39 CLC (HCD)
....om the Anti-Corruption Commission. Since the informant lodged first information report in the instant case without taking any sanction, the very initiation of the case being illegal, vitiated the whole proceeding. The learned Advocate has referred the case of Bayazid Vs. State reported in 61 DLR......misappropriated Government fund in connivance with other employees named in the first information report, forged several entries in records of Post Office and manipulated in the writings of different amount and withdrawal entries. Ledger operator had shown fake entries in the records and in cash var......er on 29-8-2005. 4. Mr. Fazle Rabbi, the learned Advocate appearing on behalf of the accused-petitioners, sub-mils that there is no specific allegations against the accused-petitioners in terms of money, for defalcation of which, they are responsible. It is submitted that there was a preliminar..Category: Criminal Law | Date: | Hits: 101
....the learned Subordinate Judge and 2nd Artha Rin Adalat and Commercial Sub‑Judge Court, Chittagong for his information and necessary action.
Ed.
This Case is also Reported in: 55 DLR (2003) 417.......the learned Subordinate Judge and 2nd Artha Rin Adalat and Commercial Sub‑Judge Court, Chittagong for his information and necessary action.
Ed.
This Case is also Reported in: 55 DLR (2003) 417.......the learned Subordinate Judge and 2nd Artha Rin Adalat and Commercial Sub‑Judge Court, Chittagong for his information and necessary action.
Ed.
This Case is also Reported in: 55 DLR (2003) 417...
Category: Civil Law | Date: | Hits: 101
Ali Azam Vs. Md. Majibullah, 2002, 31 CLC (HCD)
....The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 412. ......ther of the plaintiff and defendant used to serve in a government office. He had huge property. Their grandmother died about 50 years ago. Their mother inherited her paternal property. She got a huge amount from her brothers. The educational expenditures of the plaintiff and the defendant were borne......failed to prove motive of purchase of the suit land in the benami of the defendant. He further submits that the plaintiff and the defendant are full brothers and they purchased the suit land from the money given by their mother, father and from their own funds. That is, the elements of banami transa..Category: Property Law | Date: | Hits: 103
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