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Abdul Goni Kha Vs. Md. Abdul Aziz Azizur Rahman and others, 1996, 25 CLC (HCD)
.... receipt of this order failing possession through the court in execution thereof. Send down the lower Courts record expeditiously. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 172. ......t shall not exceed, by any agreement express or implied, seven years: Provided that any such usufructuary mortgage may be redeemed at any time before the expiry of the said period on payment of an amount which shall bear the same proportion to the total consideration money received by the mortgag......f land recorded in plots No.757, 793 and 804 of section No.731 of mouja Harinafulia, PS Kotwali, District Barisal and Nazar Ali sold the same to plaintiff. The plaintiff paid the entire consideration money to Nazar Ali in the 1st part of May, 1960. As the plaintiff was in service he had no leave to ..Category: Property Law | Date: | Hits: 114
Amir Hossain Dhali and other Vs. State, 1997, 26 CLC (HCD)
....Vs. State reported in 11 DLR 316 where Rahman, J (as his Lordship then was) observed. “Where a witness is cross‑examined by the party calling him, his evidence is not to be rejected either in whole or in part, but the whole of the evidence so far as it affects both parties favourably or unfa......ty forthwith, if not wanted in connection with any other case. Appellant Amir Hossain Dhali is discharged from his bail bond forthwith. Ed. This Case is also Reported in: 49 DLR (HD) (1997)163. ......ur. At 10‑00 PM of the same night appellant Amir Hossain Dhali along with accused Abdul Mannan Bayati and Ayub Ali Sarker came to the house of deceased Abdur Rashid and asked him if he had received money from accused Shamsul Haque Sarder in respect of the tank which is adjacent to the house of the..Category: Criminal Law | Date: | Hits: 85
....pposite parties in the other civil revisions shall get interest @ 10 percent from the date of this judgment (19-8-96) till realisation.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 160.......te for the petitioner, submits that the said award is violative of the proviso to section 31 of the Act according to which compensation determined by the Arbitrator shall not exceed 10 percent of the amount of the award of the Deputy Commissioner. We reject the submission on the ground that the prov......e Act. These are number one, under section 28 only a person can make an application to the Arbitrator who has not accepted the award, but in the instant cases applicants had accepted the compensation money. Number two, under section 29(d) the Arbitrator is to cause a notice served upon the requiring..
Category: Property Law | Date: | Hits: 84
Jahangir Alam and others Vs. State, 2011, 40 CLC (HCD)
.... occurrence and in that case the petitioner Abul Kalam Azad got judgment and order in his favour in respect of some portion for which portion he is processing and he further stated that the land as a whole was not recorded in favour of Abul Kalam Azad that is why he has become inimical upon the men ......) notes of Taka 500 to the Officer of ACC, Barisal who prepared the inventory list and he indentified the inventory list where he put his signature and on 6-7-2008 at about 3-15 PM he gave the said amount of Taka 3,000 to the accused Md. Nurul Islam Jamaddar who handed over the same to the accused......Taka 10,000 as bribe for making record right in his favour of the land of Plot No.1602 under the Mouza Colva of Uzirpur Thana and accordingly on 2-7-2008 said Abul Kalam Azad paid Taka 5,000 as bribe money to Md. Nurul Islam and thereafter on his request he (appellant Nurul Islam) agreed to take Tak..Category: Criminal Law | Date: | Hits: 142
Insab Ali (Md.) Vs. Magistrate (Abu Zafar) Jessore and others, 2010, 39 CLC (HCD)
.... Kg Soybean oil not shown in the seizure list is hereby declared to have been done without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 290. ......stoms Act and deposited the goods in the customs godown and the customs officer, respondent No.3 after following the provision of customs law sold out the said goods by auction and deposited the said amounts to the treasury. He further submits that since the respondent No.4 prepared the seizure list......ods and deposited the same to the Customs Godown, Satkhira and the Customs Authority, after observing all the procedure of law sold out the said goods by auction dated 25-6-2007 and auction purchased money of Taka 6,16,790 was deposited to the treasury on 2-7-2007. Their further case is that the cla..Category: Criminal Law | Date: | Hits: 94
Salma Begum Vs. Sonali Bank Limited and others, 2010, 39 CLC (HCD)
....1-2009 passed by the learned Additional District judge, 2nd Court Dhaka, in Miscellaneous Appeal No.230 of 2009 is here by set aside. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 282. ......ting Court to release the schedule property, in question. The said petition was registered as Miscellaneous Case No.27 of 2009. At the time of filing of the application a bond for 10% of the decretal amount was filed. The decree-holder bank appeared and contested the miscellaneous case. After hearin......to execution and the auction of the mortgaged property held at the instance of the decree-holder bank, the auction sale was confirmed by the Court and the decree-holder bank already withdrawn the bid money resulting in the completion of the execution proceedings." 18. The above decision is dist..Category: Civil Law | Date: | Hits: 229
Mokbul Hossain and another Vs. State, 2003, 32 CLC (HCD)
....ted of the charge thereunder. Both appellants Mokbul Hossain and Atikul are directed to be set at liberty if not required in any other case. Ed. This Case is also Reported in: 55 DLR (2003) 396. ......ted of the charge thereunder. Both appellants Mokbul Hossain and Atikul are directed to be set at liberty if not required in any other case. Ed. This Case is also Reported in: 55 DLR (2003) 396. ......ants encircled them and stopped them on the road. Informant Saidul Islam recognised with the light of his torch Rasmat @ Bhola of village Narayanpur and Mokbul Hossain and Atikul Islam. They demanded money but on refusal Rasmat Ali gave dao blow on hand of Saidul and Mokbul Hossain also hit on the h..Category: Criminal Law | Date: | Hits: 103
Yasinullah Vs. State, 2003, 32 CLC (HCD)
....the Police reports he would accept after considering the entire circumstances and facts of the case. The Rule is accordingly discharged. Ed. This Case is also Reported in: 55 DLR (2003) 393. ......he case of Ali Akkas Vs. Enayet Hossain and others reported in 1997 BLD (AD) 44=2 BLC (AD) 16 and submitted that where institution or continuance of criminal proceedings against an accused person may amount to an abuse of the case of the process of the Court or when the quashing of the impugned proc......the Police reports he would accept after considering the entire circumstances and facts of the case. The Rule is accordingly discharged. Ed. This Case is also Reported in: 55 DLR (2003) 393. ..Category: Criminal Law | Date: | Hits: 86
Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
.... the bank. In such a posture of things, section 138(1) cannot be applied against the accused-petitioner. 10. By the way, it has to be established that the cheque was issued to discharge, either in whole or in part, a legally enforceable debt or liability. The accused-petitioner had never any debt......er. Anyway, on 22-4-2009 the complainant through his lawyer gave a legal notice to the accused-petitioner by registered post with A/D which was received by her on 30-4-2009, but she did not repay the amount thus committing an offence punishable under section 138 of the Negotiable Instruments Act. ......ion 138(1) of the Negotiable Instruments Act. Section 138(1) of the Act contemplates that 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: 120
Sekandar Spinning Mills Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2011, 40 CLC (HCD)
....ect. The respondent is hereby directed to re-adjust the amount of Taka 10,90,585 in the VAT Register of the petitioner company at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 272....... petitioner without any show cause under section 55 of the VAT Act, should not be declared to be without lawful authority and is of no effect and why they should not be directed to re-adjust the said amount of Taka 10,90,585 in the VAT Register of the petitioner company. 2. Briefly the facts of......laid down under section 55 of the VAT Act issued the demand notice is not sustainable in law. The respondent VAT Authority issued several notices upon the petitioner directing to deposit the demanded money which was revealed by the Local Audit Agency during their audit. The law does not provide that..Category: Fiscal/Taxation Law | Date: | Hits: 196
Dr. Sultan Ahmed Vs. AKM Fazlur Rahman and others, 1989, 18 CLC (HCD)
.... the court below are hereby affirmed. Order of stay passed by this Court earlier is vacated. Send down the LC records immediately. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 281. ...... the court below are hereby affirmed. Order of stay passed by this Court earlier is vacated. Send down the LC records immediately. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 281. ...... 4 it is clearly proved that the defendant was inducted there as tenant and there was dispute between the parties with regard to payment of rent. 5. Further, two certified copies of the decrees of money suits have been filed. From the aforesaid decrees it appears that the plaintiffs filed money s..Category: Property Law | Date: | Hits: 108
Abdul Khaleque Vs. Court of Settlement and others, 1991, 20 CLC (HCD)
.... if the actions done with jurisdiction and without jurisdiction are so inextricably mixed up, and action done with jurisdiction cannot be separated without causing prejudice to either party, then the whole action may be declared null and void. 21. It is to be borne in mind that the Court of Se......lawful authority and the same are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 273.......14.2.1962 and 27.2.1962 respectively between the then Govt. of East Pakistan and the petitioner. Thereafter, the possession was duly delivered in favour of the petitioner and the entire consideration money of the parcel of the demised land and other taxes were duly paid by the petitioner. The Govt. ..Category: Property Law | Date: | Hits: 90
Ramizuddin and others Vs. Abdul Hamid, 2009, 38 CLC (HCD)
....r as to costs. The impugned Judgment and order passed by the Appellate Court allowing the withdrawal of the suit is, hereby, set aside. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 434.......r as to costs. The impugned Judgment and order passed by the Appellate Court allowing the withdrawal of the suit is, hereby, set aside. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 434.......I of the Code of Civil Procedure praying for rejection of the plaint on the ground, inter alia, that the suit land had been acquired in LA Case No. 138/1961-62 and the plaintiff received compensation money and also got a plot as an affected person at Baridhara, and as such, the suit was barred under..Category: Procedural Law | Date: | Hits: 108
Rustom Ali (Md.) Matubbar alias Alam Vs. Mohammad Salahuddin and another, 1998, 50 CLC (HCD)
....the Rule is devoid of substance and the same, thus, fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 301. ......be judged. From the acts and conduct of the accused-petitioner and the surrounding circumstances a dishonest intention on his part can easily be inferred. In a proper case a breach of contract, also, amounts to cheating and criminal breach of trust punishable under the Penal Code. A transaction on i......he complainant, thereafter, issued two registered notices dated 8-5-96 and 2-6-96 asking the accused-petitioner to execute and register sale deed in his favour on receipt of the balance consideration money of Taka 1,000.00. The accused-petitioner having not replied to the said notices the complainan..Category: Criminal Law | Date: | Hits: 112
MJL Bangladesh Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2010, 39 CLC (HCD)
....by the VAT authority in its entirety as per statement given in Annexure-'Z' of the supplementary affidavit dated 25-7-2010 forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 257. ......counsel by filing supplementary affidavit dated 25-7-2010 has drawn our attention to paragraph 2 of the same wherein it has been stated that the petitioner is ready to provide pay orders covering the amount of claim by the VAT authority under this Writ Petition, provided that if different appeals/ap......by the VAT authority in its entirety as per statement given in Annexure-'Z' of the supplementary affidavit dated 25-7-2010 forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 257. ..Category: Fiscal/Taxation Law | Date: | Hits: 269
Salma Islam Vs. Parveen Banu & others, 1997, 26 CLC (HCD)
....fter full payment of the total premium has been made and after completing the construction of the ground floor of residential building as per plan approved by the Authorised Officer, DIT transfer the whole of the demised property but not part of it, on giving clear 30 (thirty) days’ notice in writ......e plaintiff-appellant filed the present suit claiming Taka 5,40,000.00 as rents of the suit house for three years at the rate of Taka 15,000,00 per month. The plaintiff-appellant also claimed various amounts on account of mental anxiety, loss of sleep, litigation expenses incurred by her including T......nst the judgment and decree dated 9-5-95 passed by the learned Subordinate Judge, First Court, Dhaka in Money Suit No.16 of 1991 dismissing the suit. 2. The plaintiff-appellant filed the aforesaid money suit alleging, inter alia, that one MA Nasir, husband of defendant-respondent No.1 and father ..Category: Property Law | Date: | Hits: 144
Hamida Begum Chowdhury Vs. Ahamad Hossain Khan and others, 1997, 26 CLC (HCD)
....e Appeal is allowed and the impugned judgment and decree dated 28-9-95 passed in Title Suit No.201 of 1991 is dismissed without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 276. ......ole agreement that the defendant-appellant would execute and register necessary sale deed in respect of the suit property in favour of the plaintiff-respondent on receipt of the balance consideration amount of Taka 3,25,000.00 within 7 months from the date of execution of the said sale agreement. Th......e suit property (a two-storied residential building) at Baro Maghbazar, Dhaka to the plaintiff-respondent at a total consideration of Taka 6,75,000.00 on receipt of Taka 3,50,000.00 by way of earnest money. It was stipulated in the sole agreement that the defendant-appellant would execute and regist..Category: Civil Law | Date: | Hits: 148
Monjurur Rahman (Md.) Vs. Dr. Naimur Rahman, 1998, 27 CLC (HCD)
....t, the appeal is dismissed. The Judgment and decree passed by the Court below is upheld. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 266. ......ely. The case of defendant No.1 in respect of schedule ‘B’ is that he applied to the DIT for allotment of a plot in 1960 and got a letter of allotment in his name in that year and he paid premium amounting to Taka 24,750.00 in instalments out of his own fund and was put in possession after execu......se agreement by which the house was let out to the Embassy of Switzerland dated 24-11-73 were all in the name of Dr. Naimur Rahman. He further submits that there is no evidence that the consideration money for the property of Gulshan was paid from the joint fund of two brothers and even any motive o..Category: Property Law | Date: | Hits: 109
Ansarul Hoque Vs. Agrani Bank, 1997, 26 CLC (HCD)
.... of with a direction to return the plaints to the petitioners or their learned Advocates for presenting the same to the District Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 263.......ial jurisdiction or the Courts designated under Order XXXVII are special Courts. The High Court at Karachi had no jurisdiction to entertain suits below the value of Rs. 25,000.00 and suits below that amount were to be filed in the district Court at Karachi. It was held that if no power had been conf...... of with a direction to return the plaints to the petitioners or their learned Advocates for presenting the same to the District Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 263...Category: Procedural Law | Date: | Hits: 92
Solaiman (Md.) Vs. State and another, 2010, 39 CLC (HCD)
....ection with the Rule stands vacated. Send a copy of this Judgment and order to the Court below for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 385....... dishonoured on the same day for insufficient fund. He thereafter sent a legal notice on 12-4-2007 to the petitioner which was returned on 26-4-2007. The petitioner did not pay the dishonoured cheque amount to the complainant in time and thereby committed the offence under section 138 of the Act. Th......ate, Chittagong on 30-4-2007 stating, inter alia, that on 8-10-2006 the petitioner-accused Md. Solaiman took Taka 12,00,000 from her for his business purpose on the condition that he would return the money within a month. After expiry of that time, the complainant demanded the said money and the pet..Category: Criminal Law | Date: | Hits: 75
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