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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. ......d - the Opposite Parties. Criminal Miscellaneous Case No.137 of 1997. Judgment AK Badrul Huq J.- By this application under section 561A of the Code of Criminal Procedure the petitioner prays for quashing the proceeding of a complaint case pending for trial in the Court of Metropolitan Magis......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)
....re the VAT payee to obtain permission for registration of the change in information supplied at the time of VAT registration and Rule 12 of the VAT Rule does not speak or mention about payment of all claims and it is not required to pay these before submission of the declaration of any circumstances......man, Assistant Attorney-General - For the Respondent No.1. Writ Petition No.4681 of 2010. Judgment Md. Ashfaqul Islam J.- Let the supplementary affidavits filed on behalf of the petitioner before this Division be formed part of the main petition. 2. At the instance of the petitioner MLJ ......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
Abdul Jalil & other Vs. Islami Bank BanglaÂdesh Ltd. and others, 2011, 40 CLC (AD)
....sequent suit did not at all take into consideration this allegaÂtion of fraud. To elaborate this argument Mr. Mahmudul Islam has stated that in the earlier suit the contesting defendants all through claimed that the CS Plot No.371 measured only 0.0090 acre that is 90 Ajutangsha land only and in sup......e order dated 27-7-1999 passed by the Subordinate Judge, 5th Court, Dhaka, in Title Suit No.42 of 1999 rejecting an application of the defendants under Order 7, rule 11 of the Code of Civil Procedure for rejection of plaint. By the impugned order dated 18-11-1999 the High Court Division made the rul......th the impugned judgment of the High Court Division. In the result, the appeal is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 107...Category: Procedural Law | Date: | Hits: 108
Salma Islam Vs. Parveen Banu & others, 1997, 26 CLC (HCD)
....petition in which leave was granted and ultimately appeal was dismissed by the Appellate Division as not pressed. In this background of the litigations, the 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 p......cted against 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 an......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)
....f the first agreement for sale, that the earnest money was agreed at Taka 3,50,000.00 and not Taka 2,50,000.00. P.W.1 has been elaborately cross-examined on this point suggesting that he forged Ext.2 claiming it to be the first agreement of sale, which was however , denied by P.W.1. But it is import......st Court, Dhaka in Title Suit No.201 of 1994 decreeing the suit. 2. The respondent as plaintiff filed Title Suit No.617 of 1978 in the First Court of Subordinate Judge, Dhaka against the appellant for specific performance of contract namely, the agreement of sale dated 23-1-1978 alleging, inter a......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
.... long period by using the same as their homestead and by planting bamboo clumps and other valuable trees thereon. The defendants recently created some forged and fabricated documents for laying false claim upon the suit property for illegally grabbing the same and in pursuance thereof they held out ......aha J.- This Rule is directed against the judgment and decree dated 12-11-92 passed by the learned Assistant Judge, Madarganj in Other Class Suit No.1 of 1991 decreeing the suit.
2. Relevant facts for the purpose of the case, in short, are that the opposite parties as plaintiffs instituted a suit......able in law. Accordingly, the Rule succeeds and it is made absolute without any order as to costs.
Send down the LC records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 271...
Category: Property Law | Date: | Hits: 86
Monjurur Rahman (Md.) Vs. Dr. Naimur Rahman, 1998, 27 CLC (HCD)
....ndant No.1 is his full brother. P.W.1 states that his share was 391/2% in Rema Tea Company Ltd. and Shahabazpur Tea Company Ltd. He does not remember what was his share in Pubali Jute Mills though he claims that he had the highest share. He admits that defendant No.1 with his wife and son had 391/2%...... the ins of the plaintiff is directed against the Judgment decree dated 21-9-1995 passed by the learned Subordinate Judge, 4th Artha Rin Adalat, Dhaka, in Title Suit No. 32 of 1993 decreeing the suit for partition in preliminary form declaring share of the plaintiff to the extent of 50% in respect o......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)
....al of suits in summary procedure have come up together for disposal and this judgment will dispose of all of them. 2. Three of the applications have been filed by petitioner Ansarul Haque with his claim on bills of exchange. One application has been filed on behalf of petitioner A & Z Corpora...... Karachi 445; JK Sarma Vs. KS Ramchandra Setty, AIR 1965 Mysore 248. Summary Suit No.13 of 1997. Judgment Abdul Karim J.- All these applications under Order 37 of the Code of Civil Procedure for disposal of suits in summary procedure have come up together for disposal and this judgment will...... 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....... other order passed as this Court may seem fit and proper. 2. By the Rule issuing order dated 9-3-2008, all further proceedings of the above mentioned CR case were stayed. 3. The relevant facts for disposal of the Rule are that the opposite party No.2 Senoara Begum as complainant filed the pet......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
Amanullah (Md.) Vs. State and another, 2010, 39 CLC (HCD)
....me of issuing of the Rule is vacated. Let a copy of this Judgment and order be sent to the Court concerned at once of information. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 382. ...... calling upon the opposite-party to show cause as to why the impugned order of framing of charge dated 6-7-2009 passed by the learned Special Judge, Court No.4, Dhaka, rejecting the application filed for discharge of the accused-petitioner under section 241A of the Code of Criminal Procedure in Spec......No. D/3960/DC (Mirpur Division) Dated 1-1-2007 when accused Md. Amanullah offered him Taka 3,800 as bribe in order to act in their favour. The informant arrested the accused-petitioner and seized the money by preparing seizure list in presence of the witnesses, but co-accused Swapon fled away. 3...Category: Criminal Law | Date: | Hits: 84
Rafiqul Islam Vs. State and another, 2009, 38 CLC (HCD)
....g is hereby quashed. Communicate the order to the Court of the learned Additional Metropolitan Sessions Judge, Chittagong, forthwith. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 377. ......f 2007 under section 138 of the Negotiable Instrument Act, 1881 now pending in the Court of the learned Additional Metropolitan Sessions Judge, Chittagong should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule is that, the complainant opposite party No.2 Islami Bank Ba......005 and 1-5-2006; that the liability of the accused stands at Taka 70,63,291 including profit with compensation and the accused became defaulter borrower and that in this regard in order to repay the money the accused issued to cheques amounting to Taka 9,00,000 bearing cheque No.Gha 0629585 dated 2..Category: Civil Law | Date: | Hits: 150
Abdul Malek Vs. District Co-operative Officer, Cox’s Bazar and others, 1997, 26 CLC (HCD)
....en made without lawful authority and is of no legal effect. In the facts and circumstances of the case there no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 426. ......ality of an order contained in Memo No.1st 236/84/1112/7 dated 9-8-1988 (Annexure I to the petition) passed by the respondent No.1 purporting to withdrawal of the Dispute Case No.10 of 1988 pending before the respondent No.2 arbitrator. 2. The petitioner obtained a Rule Nisi upon the respondents ......t thereafter an agreement was duly executed between the lessor and the lessee containing terms and conditions (Annexure-A to the petition ). The petitioner as lessee made payment half of the bid diet money on various dates in favour of the samity and got delivery of possession of the said project. T..Category: Civil Law | Date: | Hits: 128
Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)
....efinitely does not make a Parliament a full Parliament. There are three hundred seats, and none of them should remain vacant indefinitely and should be filled quickly in terms of the Constitution. He claims a Parliament cannot be a dead man. 22. According to Mr. Mahmudul Islam, the learned Counse......polling took place on 12-6-96. The petitioner as well as some more candidates contested the election, but the principal contestants were the petitioner and late Dr. Ehtesamul Hoq Nasim Biswas, son of former President, Abdur Rahman Biswas. It is stated by the petitioner that Dr. Nasim Biswas was decl......pondent No.1 Bangladesh Election Commission at once addressing it to the Chief Election Commissioner, Bangladesh Election Commission. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 417. ..Category: Election Law | Date: | Hits: 162
Syed Wali Mohammad Salehuddin, 1990, 19 CLC (HCD)
....een paid and he prays for a direction upon the Deputy Commissioners, Barisal and Jhalakati for making early payment of the said compensation. 24. The compensation amount of Tk. 62,980.15 pasia now claimed by the Official Trustee need be paid and the amount need be arranged and obtained from the G......itioner. No one- For the Opposite Parties. Application No.2 of 1988. Judgment Anwarul Hoque Chowdhury J. -This application under section 11(1) of the Administrator General's Act, 1913, is for permission to sell trust properties of the estate of Rai Bihari Lai Maitra Bahadur, a Zamindar a......ta University is out of Bangladesh and the trust property is also situated outside the territorial jurisdiction of West Bengal. 20. In that view of the matter it may be, necessary to use the trust money arising out of the sale proceeds to be used for similar purpose as contemplated in the trust i..Category: Trust/Waqf Law | Date: | Hits: 166
Rehana Ahmed and others Vs. Nahar Shipping Lines LimÂited, 1990, 19 CLC (HCD)
....rest of all the share‑holders including the petitioners and thus secured the remission of interest amounting to Tk. 62,00,000'00 from BSRS for good performance of the company. Out of total existing claim of Tk. 78,00,000'00 and odd the company has already paid a sum of Tk. 36,00,000.00 and odd to ...... Petitioners. M Nurullah with MA Wahab, Advocates ‑For the Respondents. Matter No.24 of 1988 Judgment This is an application under section 166 read with section 162 of the Companies Act for winding up of Nahar Shipping Lines Ltd. having its office at Red Cross Chamber Building, 4th Flo......Besides, the company has spent about Tk. 25,00,000.00 on the account of stocking and other incidental expenses as well. The creditors namely, BSRS and ICB, are satisfied in respect of payment of loan money by the respondent‑company. The creditors have no grievance at all against the respondent‑c..Category: Company Law | Date: | Hits: 233
Sazedur Rahman (Md.) Vs. Secretary, Ministry of Establishment, 1998, 27 CLC (HCD)
....ral posts and was promoted as Deputy Director on 30-5-83; whereas the respondent No.4 was promoted as Deputy Director of the said department on 4-10-88. Therefore, as a Deputy Director the petitioner claims to be senior to respondent No.4 by about five and half years. The petitioner was directly app......ntre, Chittagong. Thereafter, he held several posts and was promoted as Deputy Director on 30-5-83; whereas the respondent No.4 was promoted as Deputy Director of the said department on 4-10-88. Therefore, as a Deputy Director the petitioner claims to be senior to respondent No.4 by about five and h......is discharged without any order as to cost. The operation of this Judgment be stayed for a period of 15 (fifteen) days from today. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 407. ..Category: Administrative Law | Date: | Hits: 326
Mostafa Kamal Vs. Chief Election Commissioner and others, 1997, 26 CLC (HCD)
....ishad is of no legal effect and hence void and the Rule was accordingly issued. 9. Rule 45 of the Union Parishad (Election) Rules, 1983 provides as follows: “45. Relief.— The petitioner may claim as relief any of the following declarations: (a) that the election of any returned candidat......irman and members of Chanpur Union Parishad within Thana Mehendiganj. District Barisal was declared by the Government to be held on 5-10-92. The respondent No.5 was appointed as the Returning Officer for conducting the said election and he notified the dates of filing nomination papers, scrutiny of ......l before filing of the present Writ Petition before this Court. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 260. ..Category: Election Law | Date: | Hits: 154
Monorajan Saha and another Vs. Farida Khatun and others, 2010, 39 CLC (HCD)
....ikash Mondal from whom the pre-emptor and Babu Rama Saha purÂchased some land from of said SA recorded tenant by kabala dated 13-9-1987 being No.7282 of 1987. In addition to that the pre-emptor also claim to have purchase some property from the legal heirs of SA recorded tenant by kabala dated 22-2......ha, Khulna allowing an application under Order VII Rule 11(d) of the Code Civil Procedure. 2. At the time of issuance of the rule, operation of the impugned judgment and order was stayed initially for a period of 6(Six) months from date and later on it was extended till date. 3. Facts, relevan......ipt of copy of this judgment after notifying the parties as per law. Send copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 239. ..Category: Procedural Law | Date: | Hits: 88
Humayun Hossain Khan Vs. Bangladesh & others, 2011, 40 CLC (HCD)
....peal in CPL No.516 of 2008 did not focus its attention to section 60(3), as to the application of section 47 of the Artha Rin Adalat Ain, 2003 introÂducing a legislative intervention by limiting the claim of a Bank against a debtor not exceeding 200% of the principal amount nor the said law has bee...... None Represented—For Respondent Nos. 1 and 3-5. Civil Appeal No.176 of 2010. (From the judgment and Order dated the 8th day of April, 2009 passed by the Appellate Division in Civil Petition for Leave to Appeal No.516 of 2008) Judgment Md. Abdul Wahhab Miah J. - This appeal has arisen......prayer of the Bank. The appellant as defendant No.1 filed an application on 20-8-2004 before the Artha Rin Adalat under Order XIV, rule 2 of the Code of Civil Procedure with a prayer to fix the total money payable to the Bank by him at 11, 50,000 by applying the provisions of section 47 read with se..Category: Civil Law | Date: | Hits: 138
....
In the result, the Rule is discharged without any order as to costs. The stay order earlier passed by this Court is hereby vacated.
Ed.
This case is also Reported in: 47 DLR (HCD) (1995) 67.
......‘8 to show cause as to why the impugned judgment and decree dated 26.7.90 passed by the Subordinate Judge, Fourth Court, Dhaka in Title Appeal No. 126 of 1987 should not be set aside.
2. The facts for disposal of the Rule are as follows: The deceased Md. Abdul Aziz as plaintiff filed Title Suit N......ssession of the suit land to the defendant petitioners. On the same date a deed of agreement was to have been executed by the defendants for retransfer of the said land on refund of the consideration money within 10 years but after 10 years of the execution of the said documents. The plaintiff deman..
Category: Property Law | Date: | Hits: 78
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