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....d of the High Court Division, be communicated to the Chief Judicial Magistrate, Sunamganj for taking action as per direction made above.
Ed.
This Case is also Reported in: 9 ADC (2012) 390.
......the petitioner for the years 1416 to 1420 BS and the lease was concluded by payment of rents, execution of lease deed and delivery of possession. After taking possession, the petitioner invested huge amounts of money in the fishery undertaking the development scheme with the view to catching fish in......ner for the years 1416 to 1420 BS and the lease was concluded by payment of rents, execution of lease deed and delivery of possession. After taking possession, the petitioner invested huge amounts of money in the fishery undertaking the development scheme with the view to catching fish in the final ..
Category: Property Law | Date: | Hits: 90
Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)
....t facility taken by the opposite party No.2. The title deeds might have been smuggled into the bank from the custody of one of his co-sharer-in-title. 39. With the peculiar background of facts the whole case turns on a number of strictly technical questions of law, namely, whether a Judgment-debt......btor may prefer an application under section 6(2) of the Artha Rin Adalat Ain, 1990 or under section 19 of the Artha Rin Adalat Ain, 2003 for setting aside the ex-parte decree upon deposit of certain amount as per the said provisions of law and in that view of the matter the Judgment-debtor has no l......return the title deeds to the mortgagor who happens to be a lady. Bank filed Artha Rin suit in 1992 against the principal borrower, a company, the lady as mortgagor and others for realization of loan money advanced to the defaulter company in which it was found that further charge was created on the..Category: Civil Law | Date: | Hits: 141
Sheikh Moqbul Ahmed and Rabeya Khatun Vs. Ms. Nurunnahar Begum, 2012, 41 CLC (AD)
....r dated 15.06.2004 passed by the Joint District Judge, 1st Court, Pabna in Succession Certificate Case No.23 of 2001 be restored. Ed. This Case is also Reported in: 9 ADC (2012) 246. ......r dated 15.06.2004 passed by the Joint District Judge, 1st Court, Pabna in Succession Certificate Case No.23 of 2001 be restored. Ed. This Case is also Reported in: 9 ADC (2012) 246. ......g behind one wife Mst. Nurunnahar the opposite party No.1, mother Mst. Rabeya Khatun and father Sheikh Moqbul Ahmed the petitioners as his only heirs. At the time of his death Sheikh Sharif Ahmed had money deposited in several bank accounts described in schedule-'Ka', 'Kha' and 'Ga' to that applicat..Category: Civil Law | Date: | Hits: 154
Meher Negar Vs. Mojibur Rahman, 1994, 23 CLC (HCD)
.... Motion No. 13 of 1987 is hereby set aside and that of the Magistrate, Kalkini passed in Miscellaneous Cass No. 42 of 1986 is restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 18. ...... Motion No. 13 of 1987 is hereby set aside and that of the Magistrate, Kalkini passed in Miscellaneous Cass No. 42 of 1986 is restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 18. ......rdinance, 1985 it becomes crystal clear that the proceedings before the Family Court shall be absolutely civil in nature and a decree passed by such Court shall be mated as a civil decree passed in a money suit or in any other class suit. On the other hand, under no stretch of imagination it can be ..Category: Family Law | Date: | Hits: 215
....ioner of Taxes.
Send a copy with the seal of the Court to the Appellate Tribunal, Chittagong.
There will be no order as to costs.
Ed.
This case is also Reported in: 47 DLR (HCD) (1995) 6.
......vant to the assessment year 1972‑73 and the respondent admitted non‑payment of the said liability of Taka 25,68,022.00 within three years and, as such, the Deputy Commissioner of Taxes added this amount to profits of the assessee respondent under section 10(2A)(iii) of the Income Tax Act for the......ioner of Taxes.
Send a copy with the seal of the Court to the Appellate Tribunal, Chittagong.
There will be no order as to costs.
Ed.
This case is also Reported in: 47 DLR (HCD) (1995) 6.
..
Category: Fiscal/Taxation Law | Date: | Hits: 188
American Bureau of Shipping Vs. Commissioner of Taxes (South) Zone, Chittagong, 1994, 23 CLC (HCD)
....on. Even apart from this sub‑section when considering the place of actual accrual of profits under section 4(1) in cases where the assessee carries on both manufacturing and selling operations, the whole of the profit should not be considered accruing from the sale at the place of sale but a part ......ed Assistant Joint Commissioner of Taxes, for that matter the Income Tax Appellate Tribunal, was justified in deleting disallowance of expenses for fees for plan approval, engineering, etc. and the amount for the essential co‑ordinating services and expenses and debited in the account of the ass......accruing or arising whether directly or indirectly through or from any business connection in the taxable territories or through or from any property in the taxable territories or through or from any money lent at interest and brought into the taxable territories in cash or in kind or through or fro..Category: Fiscal/Taxation Law | Date: | Hits: 159
Abdul Ali and another Vs. State, 1977, 6 CLC (AD)
.... and 12 of Martial Law Regulatiops No.1 of 1975 for which the extreme penalty of death or transportation for life or rigorous imprisonment which may extend to 14 years and fine or confiscation of the whole or any part of the property of the offender has been provided. It has also been provided in Re......n Initial stage may be justified where the facts are so preposterous that even on the admitted facts no case can stand against the accused and that a further prolongation of the prosecution would amount to harassment to an innocent party and abuse of the process of the Court." 19. In the said......r that an offence may be said to have been committed thereunder it is necessary that a holder of a public office named therein or a public servant has obtained or attempted to obtain some property or money by illegal or corrupt means or by otherwise abusing his position. It is immaterial whether t..Category: Criminal Law | Date: | Hits: 115
Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)
....early directs that if the Court is of opinion that the suit or any part thereof may be disposed of on an issue of law only, it shall try that issue first even without settling the issues of fact. The whole object of this provision seems to be that if there is any issue of law on which the entire sui...... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ...... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ..Category: Civil Law | Date: | Hits: 111
....appurtenances hereby covenanted to be erected.
20. That subject to the provision of clause 19 the Tenant shall be at liberty to transfer or sublet subject to the conditions of these presents the whole of the demised property subject to the obligation that the transfer shall be registered in t......d 28-3-70 addressed to Respondent No.2, stating that all rents till 1969 has been deposited and asked for withdrawal of the said notice. On an enquiry made by the appellant he was informed that the amount of the demand consisted of Development and Relief Tax at the rate of 25% of the rent with eff......3 are quoted below:—
"3. (6) "landlord" means a person immediately under whom a tenant holds, and includes the Government.
(13) "rent" means whatever is lawfully payable or deliverable in money or kind by a tenant to his landlord on account of the use or occupation of the land held by th..
Category: Property Law | Date: | Hits: 114
Pubali Bank Ltd. Vs. Farzana Begum and another, 2009, 38 CLC (HCD)
....nd by taking loan in her name. But such fact cannot absolve her from paying the Bank loan taking advantage of some insignificant irregularities in the process of granting loan. 12. Considering the whole affairs and after examining the signatures of the defendant No. 1 available on record, we hold......e charge documents necessary for the purpose and the original defendant No. 2 SM Nazimuddin was guarantor by mortgaging his property against the sanctioned loan. The defendant No. 1 withdrew the loan amount but did not repay the same in accordance with the terms and conditions of the contract. Sever......Joint District Judge), Artha Rin Adalat No. 3, Dhaka, in Title Suit No. 209 of 1990 dismissing the suit. 2. The Pubali Bank as the plaintiff, filed the above mentioned suit for realisation of loan money sanctioned under a usufructury mortgage against the defendants contending that the defendant N..Category: Civil Law | Date: | Hits: 116
Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)
.... is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3-12-2000 is hereby vacated. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 34. ......hind the back and knowledge of the petitioners. The respondent No. 3 bank instituted Mortgage Suit No. 21 of 1990 in the Court of Subordinate Judge and Artha Rin Adalat No. 1, Chittagong, claiming an amount of Taka 8,89,94,800.22 against the petitioners and others. The petitioners duly appeared and ......formation to anyone except banks and financial institutions. There was no settlement/compromise between the petitioners and respondent No. 3. The petitioners owe the respondent No. 3 a huge amount of money which he has defaulted to repay and therefore his name has been rightly included in the CIB Re..Category: Civil Law | Date: | Hits: 121
Baby Masum & another Vs. Bangladesh Film Development Corporation, 2009, 38 CLC (HCD)
.... Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 29. ......y the accused petitioners in this case, it appears that admittedly there was a written contract between the FDC and the accused petitioners for making a film on stipulated terms and conditions and an amount of Taka 35,93,315 became payable by the petitioners to the FDC for using the materials and se......f that amount. 8. The dispute in question arose only when the post-dated cheques issued by the petitioners were dishonored. Though in the petition of compliant the fact of payment of the remaining money i.e. Taka 24,33,315 is not expressly admitted, it can be easily inferred from the facts stated..Category: Criminal Law | Date: | Hits: 95
....eliberating upon the award to be made; the operation of this rule is in no way affected by the fact that authority is conferred upon the arbitrators to make a majority award; even where less than the whole number of arbitrators may make a valid award, they cannot do so without consulting the other a......espondent herein) and dismissed the counterclaim of the respondent (the petitioner herein).
4. The dissenting opinion was given by Mr. M Amirul Islam, who allowed the claim of the claimant for the amount of Taka 4,88,72,217.43 and also allowed the counterclaim of respondent No. 1 for Taka 57,26,9......e.
Accordingly, the Award dated 8-4-2006 is hereby set aside.
There will be no order as to costs.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 20; 14 MLR (HCD) (2009) 441.
..
Category: Alternative Dispute Resolution | Date: | Hits: 385
Engineer A. B. Siddique Vs. Kazi Akramuddin and others, 2011, 40 CLC (AD)
.... 1991 before the Sixth Additional District Judge, Chittagong and objection of adjacent plot owner, writ-respondent No. 7, the possession of the land could not be delivered to the writ-petitioner. The whole process of cancellation of allotment was done within the knowledge of the writ-petitioner. Act......pended for the time being and subsequently the suit was dismissed. Thereafter the writ-petitioner applied to writ-respondent No.6 to execute and register the lease deed on acceptance of the remaining amount of the salami. Writ-respondent No.6 recommended registering the lease deed in favour of the w......of the matter and knowing fully well about the issuance of Rule, respondent No.4 by his letter under Memo No. n¡M¡-9/1-22/2000/743/1(5) dated 23.12.2004 permitted said Abu Bakar Siddique to deposit money in respect of the land in question and on 28.12.2004, possession of the said land was handed o..Category: Property Law | Date: | Hits: 79
Raquibuddin Ahmed Vs. SAM Iqbal and another, 1997, 26 CLC (HCD)
....ayer for allowing the petitioner to join as the Secretary of the BSC in compliance with the verdict given by the Appellate Division of the Supreme Court. In that letter he had given background of the whole case and in paragraph 6 he stated that he had already submitted his joining report on 25th Jul......the Chief Metropolitan Magistrate, Dhaka, and the Officer-in-Charge, Ramna Police Station, Dhaka, for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 209....... for 12 months and 16 days but as per direction of the Court the corporation has to pay all the salaries and other remunerations to the petitioner without taking any service from him. This payment of money to the petitioner without having any service from him was in fact due to showing disobedience ..Category: Others | Date: | Hits: 142
Khodeja Begum & others Vs. Md. Sadeq Sarkar, 1994, 23 CLC (HCD)
....stitution of conjugal rights at present and in future filing of such suits. Let the records of this case be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 181. ......he Muslim marriage is a socio-religious contract and the signatures of both the parties are very essential to prove the contract of marriage written in the form of Kabinnama. In such circumstances no amount of oral evidence will cure the deficiency and no amount of oral evidence will be sufficient t......ed kabinnama dated 5-2-1980 and they lived together as husband and wife and the marriage was consummated: the defendant No.2 took loan of Taka 3,000.00 from the plaintiff for purchase of land but the money was not repaid on demand; the relationship deteriorated and the defendant No.2 took defendant ..Category: Family Law | Date: | Hits: 185
Saleha Begum Vs. Kamal Hossain, 1997, 26 CLC (HCD)
....ll be entitled to recover the same in accordance with law. In the facts and circumstances of the case there is no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 180.......ll be entitled to recover the same in accordance with law. In the facts and circumstances of the case there is no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 180....... 9,000.00 by way of maintenance of the child but refused to decree the suit for her maintenance on the finding that the defendant had already paid Taka 15,000.00 towards payment of her deferred dower money of Taka 20,000.00 against receipt and that she had been living at the house of her father out ..Category: Family Law | Date: | Hits: 152
Abdul Jalil Munshi (Md.) Vs. Returning Officer & others, 1997, 26 CLC (HCD)
....ion is disposed of. Let a copy of this judgment/order be sent to the Returning Officer (respondent No.1) forthwith for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 179. ......ion paper by the Returning Officer who found the petitioner to be disqualified on the ground of defaulter in payment of the bank loan. 3. It is stated by the petitioner that he has paid the entire amount of loan taken by his father Annexure-B to the petition. Question that cropped up for consider...... the Thana Nirbahi Officer had made any observation or finding that the loan taken by Year Ali Munshi father of the petitioner has been settled on the petitioner and, as such, he is liable to pay the money. No such finding is there in their orders. Furthermore, the amount of loan taken by Year Ali M..Category: Election Law | Date: | Hits: 153
Commissioner of Income-Tax Vs. M/S. Jamiluddin Corporation Ltd., Bogra, 1979, 8 CLC (AD)
....ars in question. 14. In the case of E.D. Sasson & Co. Ltd. Vs. C.I.T. (1954) 26, I.T.R. 27 the question before the Court was whether the tax on managing agency commission was payable for the whole of the accounting year by the assessee or whether the income had to be apportioned between the......to forego the claim for commission but "this action is not for business consideration''. 4. The Income Tax Appellate Tribunal considered the assessee's grievance that the inclusion of the disputed amount was bad in law. The Appellate Tribunal noticed that the resolution was passed as early as on ......in this case because profit earned and credited in the books of account is taken at the basis of computation under section 13, the system of accounting postulates the existence of debt in so far as money remain due and payable by the parties to whom they have been debited and when it is realised t..Category: Fiscal/Taxation Law | Date: | Hits: 124
....ttagong and accordingly disposed of the Rule with direction as already stated hereinbefore.
15. From the statements of the writ petition as well as the supplementary affidavit, it appears that the whole grievance of the petitioner is that though it fulfilled all the criteria to open independent o......ty Grants Commission (respondent No.2)" is stayed for a period of two months from date.
Ed.
This Case is also Reported in: 17 MLR (AD) (2012) 161; 17 BLC (AD) (2012) 84; 32 BLD (AD) (2012) 169.
......has submitted that from the said annexures, it is clear that the petitioner fulfilled all the requirements as mandated in the Ain, 2010, that is, it filed the Trust deed, made deposit of the required money for opening the outer campuses at Rajshahi and Chittagong and submitted the lease deeds showin..
Category: Others | Date: | Hits: 197
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