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Delicia Dairy Food Ltd. Vs. Collector of Customs and others, 1998, 17 CLC (HCD)
.... respect of the merchandise imported by the petitioner through the Letter of Credit No. IBC/KG/-483/93 dated 11-10-93. By the same order petitioner was also asked to put his objection, if any, to the claim so made within 15 days from the date of receipt of the order before the Customs Authorities, C......Rahima Food Corporation Ltd. Vs. Deputy Collector of Customs and others, 49 DLR 510; Md. Shahidullah Vs. Collector of customs and another, 48 DLR (AD) 58. Lawyers Involved: Zakir Hossain Munshi for Abdul Baset Majumder and Zainul Abedin, Advocates— For the Petitioner. AM Aminuddin, Assist......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
Assistant Custodian, Vested Property Vs. Jugal Chandra Shaha & others, 1988, 27 CLC (HCD)
....ayer for permanent injunction restraining the defendant-petitioner from leasing out the Kha schedule land. The suit was contested by the present petitioner by filing a written statement denyÂing the claim of the plaintiff. 3. The suit was fixed for peremptory hearing on 18.6.84 when the original......0, 1988. Result: The Rule is made absolute without any order as to costs. Lawyers Involved: A.K.M. Zahirul Huq, with Fakhrul Islam, AdÂvocate - For the Petitioner. Subodh Ranjan Dutta for A.K. Badrul Huq, AdÂvocates - For the Opposite Parties. Civil Revision No.17 of 1985. Jud......First Court, Patuakhali for disposal of the Miscellaneous Case in acÂcordance with law and in the light of the observation made above. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 473...Category: Limitation Law | Date: | Hits: 275
Sourja Bala Devi Vs. Habibullah Sheikh, 1989, 18 CLC (HCD)
....or the petitioner with reference to a case reÂported in 5 DLR 43 that a gross under-valuation of the property put up for sale amounts to a fraud and in such a case the judgment-debtor is entitled to claim the benefit of Section 18 of the Limitation Act. 12. The learned Advocate for the opposite......kshmipur in Misc. Appeal No.242 of 1980 dismissing the appeal and affirming the judgment and order dated 11.12.80 passed by the Munsif Second Court, Lakshmipur in Misc. Case No.36 of 1976. 2. The aforesaid Misc. Case was started by one Sarajubala the petitioner herein by making an appliÂcation u......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)
..... Deceased Mozammel Hossain Montu while met accidental death at 5-30 PM of 3-12-1989 was a news reporter of Daily Songbad. Plaintiffs who are wife and two minor sons of the deceased, filed Money Suit claiming in total Taka 3,52,97,000 as compensation on the following heads: ১। বাদীà¦......May 11, 2010. Result: The appeal is allowed in part. Life is a bundle of incident. Every child is born with expectation of life and with constitutional guaranteed right of basic requirements for living. Death is inevitable but premature death in whatever form is not expected and cannot be c......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)
.... this law is prevailing over any other law and this law being harsh law the provision of this law will be construed strictly. The submission of Mr. Sirker is otherwise can be said a pound of flesh as claimed by Shylock in the novel of Merchant of Vannis by William Shakespeare. 21. Generally it ap......ree holder Sonali Bank instituted Title 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. P......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
....ibuted the same to the affiliated dealers of the petitioner at a government fixed rate. The Respondents No.2 on 7-7-2002 issued a demand with a show cause under section 36(4) and 55(1) of the VAT Act claiming trade VAT 1.5% and total demand was fixed at Taka 8,76,28,312. The respondents asked the pe......d that the Divisional officer did not deduct Taka 19,30,521.72 from the gross demand. The petitioner against the (Appeal) Customs, Excise and VAT by depositing Taka 43,81,416 as statutory requirement for filing the Appeal under section 42(2)(a) of the VAT Act (Annexure-D and D-1) which was allowed o......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
Gani Mia & another Vs. U.N.O., Biswanath, District Sylhet & Others, 1988, 17 CLC (HCD)
.... he then was) that a lessee holding his lease under E.P. (Lands and Buildings) Administration and Disposal Order, 1966, is not a necessary party in a suit for esÂtablishment of title between parties claiming title adÂversely to each other, because presence of lessees is not in any way necessary in...... of 1985 allowing the application of the opposite party Nos.5-7 to implead them as defendants in the suit in accordance with Order 1, rule 10 of the Code of Civil Procedure. 2. There is a petition for amendment of the re-visional application, supported by an affidavit, filed today in the Court in......and as such it calls for interference. The imÂpugned order be set aside and the Rule be made absoÂlute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 72. ..Category: Procedural Law | Date: | Hits: 193
Khaled Akbar Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)
....nance and the application does not suffer from any defect of parties. 14. The Appellate Tribunal further found that under sub-section 3 of section 10 of the Ordinance the petitioner is entitled to claim the amount as he accepted the amount on protest and as such he is enÂtitled to make the appli......and was released from requisition and symbolic possession was given in favour of the said Basharatullah. Subsequently, the Government decided to acquire the land afresh under Ordinance No. II of 1982 for the Civil Aviation Authority, the opposite party No.2 and after service of notice under section ......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. ...... a false and frivolous proceeding under his office Memo. Ext. 2 with the allegations that the plaintiff remained abÂsent from duties 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 dif......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. ......e Complainant. Criminal Miscellaneous Case No. 46 of 1989. with Suo Moto Rule No. 47 1989. Judgment Fazle Hussain Mohammad Habibur RahÂman J. - These two Rules are taken up together for disposal as they arise out of the same Sessions Case No.118/88 pending in the Court of Sessions ......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. ......d prisoners. Death Reference Case No.2 of 1985. Judgment Syed Fazle Ahmed J.- This reference under section 374 of the Code of Criminal Procedure has been made by the Sessions Judge, Kurigram for the conÂfirmation of the death sentence passed on condemned prisoners, namely, Taib Ali, Asia K......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)
....t a copy of the judgment be served on the learned Deputy Attorney-General, Comilla for inforÂmation and taking necessary action, if any. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 89.......te—For the State. Criminal Appeal No.97 of 1984. Judgment Syed Fazle Ahmed J.- Appellant Md. Nasir alias Nasir alias Nasir Ahmed along with Nur Nabi and Enamul Hoque were placed on trial before Additional Sessions Judge, Noakhali to answer a charger under sections 302/34 of the Penal Code......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)
....endant No.1 GouÂranga Chandra Kunda in favour 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 registe......t Court, Comilla in Title Appeal No.278 of 1986 setting aside the judgment and decree dated 29.11.86 and 8.12.86 respectively passed by Upazila Munsif Burichang in Title Suit No.3 of 1985. 2. The aforesaid Title Suit was brought for Specific Performance of Contract requiring defendant No.1 Gouran...... 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
....ainable in law. It is further statÂed in the affidavit-in-opposition that Article 102 of the Constitution is not meant for enforcing a conÂtract or for preventing a breach of contract and since the claim is founded on a contract, writ petition does not lie to enforce the performance, or to restrai......so Reported in: 42 DLR (HCD) (1993) 33.
.......
In the result, the Rule is discharged without any order as to costs.
The stay order granted by this Court earlier is vacated.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1993) 33.
..
Category: Others | Date: | Hits: 227
Abdul Sattar & another Vs. Osimuddin & others, 1988, 17 CLC (HCD)
.... opposite party Nos.68-69 filed two separate written objections stating, inter alia, that the case is not maintainable and the same is also barred by limitaÂtion. They also denied the petitioner’s claim to be owners of adjoining land of the case land. 4. The learned Munsif on perusal of the pe......ntainable and the same is also barred by limitaÂtion. They also denied the petitioner’s claim to be owners of adjoining land of the case land. 4. The learned Munsif on perusal of the petiÂtion for pre-emption, written objections and evidence adduced by both the parties arrived at the decision......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)
....ter of procedural law amendment of the law by Act 42/92 is retrospective. In this case, the, investigating officer could not complete the investigation within 180 days. The accused‑petitioner could claim bail pending completion of the investigation. It is admitted by the learned Advocate for the p......No. 331 9 of 1991. Judgment Abdul Karim J. - This Rule at the instance of accused petitioner Amalendu Majumder was issued on an application under section 561 A of the Code of Criminal Procedure for quashment of the proceedings in GR Case No.23 of 1989 arising out of Nesarabad PS Case No.2 date......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
Gias Uddin Vs. Dhaka Municipal CorporaÂtion and others, 1996, 25 CLC (HCD)
....respondent No. 1 issued notice in the newspapers asking them to vacate and they having not amicably vacated they were removed therefrom with police force on 20‑4‑1989. 4. Though the petitioner claimed that he was working as a sweeper under the corporation since 1975 he could not produce anyth......ant thereto should not be declared to be illegal and without lawful authority and why a direction shall not be given to respondent Nos.1 to 7 and 9 not to evict the petitioner. 2. Learned Advocate for the petitioner after placing the petition and other materials on record submitted that the petit......acts and circumstances of the case we find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 199. ..Category: Constitutional Law | Date: | Hits: 369
Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)
....s on behalf of the petitioners: Mr. Abdul Matin Khasru, the learned Advocate appearing on behalf of the petitioners, strenuously argued that the Constitution of the People's Republic of Bangladesh proclaimed the equality of men and women in all spheres of national life including in the elected publi......d. Writ Petition No. 3304 of 2003. Judgment ABM Khairul Haque J.‑ The Rule: In this Writ Petition the petitioners 10(ten) in number were elected as Ward Commissioners in the seats reserved for female candidates in Khulna City Corporation (the Corporation, in short), under the provisions 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
Abdul Jalil Shah and another Vs. Rahima Khatun and others, 1998, 27 CLC (HCD)
....e suit No.149 of 1993 for partition to the extent of 10-2/7 pies share in the property measuring an area of 0.58 acre appertaining to CS Khatian No.250 of Mouza Nishindara under PS and District Bogra claiming themselves to be the co-sharers of the said land contending, inter alia; that the said land......under section 115 of the Code of Civil Procedure is directed against an order passed by Subordinate Judge and Artha Rin Adalat, Bogra on 30-11-95 in Partition Suit No.149 of 1993 rejecting the prayer for transposition of the defendant-petitioners into the category of the plaintiff. 2. The shor......rably within 6(six) months from the date of receipt of this order. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 441. ..Category: Civil Law | Date: | Hits: 154
Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)
....ant No.4 in the said Title Suit No.131 of 1982 as a party nor brought the suit property in the hotchpot for adjudication in the said suit. Rather the plaintiff respondent No.1 having relinquished his claim in respect of the suit property now cannot seek any further remedy from the Court against the ......evision No.1714 of 1992). Judgment Mohammad Fazlul Karim J.- Since both the appeals are between the same parties involving substantially the same facts and points of law the same were taken up for hearing together and accordingly disposed of by this single judgment. 2. Civil Appeal No.45 o......o not find any substance in the submission for the learned Counsel of the appellants. The appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 111
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