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Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)
....erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ......nt, unless notice in writing has also been delivered to him or left at his office or place of abode, and unless such notice states explicitly the cause of action, the nature of the relief sought, the amount of compensation claimed, and the name and place of abode of the intending plaintiff, and unle......erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ..Category: Property Law | Date: | Hits: 81
Prodip Kumar Dutta & another Vs. Mira Rani Dutta and another, 2004, 33 CLC (HCD)
....to hear and dispose of the miscellaneous case within a period of three months from the date of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 571.......to hear and dispose of the miscellaneous case within a period of three months from the date of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 571.......il Procedure for addition as co-petitioners and not for citation. 8. He also submits that as the applicants were claiming against the interest of deceased Rana Dutta in that they claimed aforesaid money belonged to the joint family fund and not to Rana Dutta alone, they were not entitled to such ..Category: Property Law | Date: | Hits: 69
NFM Universeum Estate Ltd. Vs. ANM Obaidul Islam and others, 2004, 33 CLC (HCD)
....rocedure for using said deed in the suit knowing it to be forged and fraudulent for criminal prosecution. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 563. ......rocedure for using said deed in the suit knowing it to be forged and fraudulent for criminal prosecution. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 563. ......3(ka) and 13(kha). Some portion of the suit land measuring 15 decimals was acquired in LA Case No. 40A of 1989‑90 and 40B of 1989‑90. Award was given in the names of plaintiffs. They withdrew the money. Notices for acquisition and information slips about payment of compensation were marked Exhib..Category: Property Law | Date: | Hits: 85
Sonali Bank Vs. Mahbubul Amin & others, 1989, 18 CLC (HCD)
....Execution Case No.791 of 1986 is vacated. The Execution Case will proceed in accordance with law. The records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 298. ......ordinate Judge and Commercial Court No.1, Dhaka in Money Execution Case No.791 of 1986. 2. The plaintiff/decree-holder filed a Money Suit against the defendant Bank and others for recovery of an amount of Tk. 97,750/-. The suit was decreed in the following terms: "That the suit be decreed ......e amount through challan and the defendant petitioner deposited the amount on 15.11.86 by challan No.6241. By Order No.66 dated 23.12.86 the Court permitted the plaintiff to draw the amount and the money was withdrawn by the plaintiff. Thereafter the decree-holder filed the Execution case for re..Category: Procedural Law | Date: | Hits: 74
Abdus Samad & others Vs. State, 1989, 18 CLC (HCD)
....t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ...... must be under custody before they can be given any relief by the High Court or the Court of Sessions." 24. On the point whether merely an appearance before the High Court for obtaining Bail would amount to a surrender before the Court and thus, in legal custody, it was further held in that case ......t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ..Category: Criminal Law | Date: | Hits: 95
M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)
....ad with section 25B of the Special Powers Act and those two provisions are not triable together under Special Powers Act by the Special Tribunal constituted under that Act and this has vitiated the whole proceedings. He argued that the offences punishable under section 156 of the Customs Act whi......ty in proving the prosecution case beyond any shadow of doubt. Furthermore it is also well-settled that if the defence version of the case is found not to have been established this will not be tantamount to the proving of the prosecution allegation. 20. From the perusal of the judgment and r......cuments, articles of daily use, clothes etc. belonging to the accused appellant may be returned to him after proper identification. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 274. ..Category: Criminal Law | Date: | Hits: 87
Md. Osman Vs. Fatema Khatoon & others, 1989, 18 CLC (HCD)
....l is allowed with costs and the judgment and decree of the lower appellate Court is set aside and those of the Trial Court is upheld. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 270.......l is allowed with costs and the judgment and decree of the lower appellate Court is set aside and those of the Trial Court is upheld. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 270.......on 17.6.1971 at time in lump. The deposit of rent in the office of the Controller protects a tenant only where the deposit is made on the refusal of the landlord to accept the rent remitted by postal money order within a fortnight of the date on which rent so remitted is returned to the tenants by t..Category: Property Law | Date: | Hits: 66
....9.8.82.
We, therefore, find no ground for interference.
In the result the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 265.
......the petitioner-corporation. The respondent No.2 made vouchers for Tk. 12,032/- and showed the same as a payment already made to the carrying contractor but on scrutiny it was detected that the said amount had not actually been paid. On inquiry it was found that the vouchers were fictitious and the......9.8.82.
We, therefore, find no ground for interference.
In the result the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 265.
..
Category: Labour and Industrial Law | Date: | Hits: 166
Shamir Ghosh Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....s. Accordingly, the trial Court is directed to dispose of the suit preferably within 3(three) months from the date of receipt of the order, Ed. This Case is also Reported in: 56 DLR (2004) 560. ......s. Accordingly, the trial Court is directed to dispose of the suit preferably within 3(three) months from the date of receipt of the order, Ed. This Case is also Reported in: 56 DLR (2004) 560. ......fully. Thereafter, the plaintiff prayed for lease of the same on 4‑9‑2000 and the defendant No. 1 accepted the said prayer and granted yearly lease for Taka 5,712 per year. Accordingly, the lease money has been deposited on year‑to‑year basis. Accordingly, the plaintiff complied with the ter..Category: Property Law | Date: | Hits: 62
Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)
....a construction company of international repute and is engaged in construction of various projects both at home and abroad. The appellant company, he argues, neither made any attempt to dispose of the whole or any part of its property nor did it make any attempt to remove the whole or any part of its......owledged the receipt of the materials. The appellant used to make part payment of bills while taking delivery of the goods and assured payment of the outstanding balance. The respondent 1 entered the amounts towards payment in the books of account for every delivery of the goods during the period fr......1.71 with interest upto 31-3-95. But after discussions between them the respondent 1 agreed to accept Taka 4,31,46,544.61 and waived the claim for interest. But as the appellants did not pay the said money within the time fixed the respondent 1 was entitled to recover the outstanding balance with in..Category: Procedural Law | Date: | Hits: 118
AKM Shahidul Hoque Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)
....l get a decree for 2,43,505 + 3,66,225.81 = Taka 6,09,730.81 with interest at the rate of 10% from the date of the decree till realisation. Ed. This Case is also Reported in: 56 DLR (2004) 538. ......vised estimate at Taka 14,96,242.87. After adjustment of the payment of Taka 9,00,000 against running bills, the dues of the plaintiff stood at Taka 5,96,225.81. After deduction of income tax at 1.5% amounting to Taka 8,945.81 the dues of plaintiff finally stood at Taka 5,87,280 . The plaintiff depo......al against the decree dated 30‑4‑95 passed by the Subordinate Judge, Court No. 1 at Rangpur in Money Suit No. 6 of 1993, which decreed the suit in part. The plaintiff instituted the suit for a money decree of Taka 8,34,160 for the price of work done together with compensation. 2. Plaint ca..Category: Civil Law | Date: | Hits: 99
....er of stay granted earlier by this Court stands vacated. Let a copy of the judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 49.......er of stay granted earlier by this Court stands vacated. Let a copy of the judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 49.......unnessa Khanam (proforma defendant No.3) by registered kabala No.15310 dated 15.11.1989 corresponding to 1st Agrahayan, 1396 B.S. at a consideration of Tk. 85.000/00, subsequently who in necessity of money transferred the said land in favour of the plaintiffs through his attorney, Ishtiaque Khaled b..
Category: Property Law | Date: | Hits: 64
Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)
....d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ......e High Court while exercising power under section 561A should not usurp the jurisdiction of the trial Court. The power under the section has been vested in the High Court to quash a prosecution which amounts to abuse of the process of the Court. This power cannot be exercised by the High Court to ho......d threw his dead body into the sea which was later on recovered from the sea and multiple injuries were found in his dead body. It is the contention of the informant that the accused persons are very moneyed and powerful men who have been trying not to hold proper investigation of this case for whic..Category: Criminal Law | Date: | Hits: 76
Mollah Shabidul Islam Vs. Md. Monsur Rahman and others, 2005, 34 CLC (HCD)
....he application under Order XXI, rules 90 and 91 of the petitioner in accordance with law and with utmost expedition. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 164. ......ion stating that the miscellaneous case filed by the petitioner could be considered by the learned Judge of the Artha Rin Adalat only after furnishing of security at the length of 25% of the decretal amount according to the provision of section 32(2) of the Artha Rin Adalat Ain, 2003 which is a mand......he application under Order XXI, rules 90 and 91 of the petitioner in accordance with law and with utmost expedition. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 164. ..Category: Civil Law | Date: | Hits: 61
Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)
.... which has not been provided under dispensation of justice no other organ except the judiciary can hold any trial or to produce the offender for the trial of the offences. He further submits that the whole purpose of the statute is that the offenders who has committed the offence of misappropriation......ains provisions to handout punishment to the persons appearing before it, in as much as under Section 25, the Commission has the authority, amongst others, to confiscate the money commensurate to the amount illegally earned and such confiscation results in to debar the person concerned to contest in......he impugned Ordinance contains provisions to handout punishment to the persons appearing before it, in as much as under Section 25, the Commission has the authority, amongst others, to confiscate the money commensurate to the amount illegally earned and such confiscation results in to debar the pers..Category: Constitutional Law | Date: | Hits: 264
....,134.21 in total Taka 43,22,114.21 in excess from their account for which they are entitled to a decree.
For the reasons above stated, judgment and decree of the trial Court cannot be sustained in whole and the appeal therefore succeeds in part.
In the result, the appeal is allowed in part. Im...... ship was admittedly beached at the yard of the plaintiff company and broken there by their people. The ship was hypothecated with the bank and in actual physical possession of the plaintiffs. If any amount of scraps were missing those were definitely removed by the plaintiffs for which the bank cou......udge, Court No. 3 at Dhaka in Money Suit No. 47 of 1991, which decreed the suit.
Respondent Nos. I to 6 as plaintiffs on 20‑6-91 instituted the suit against the appellants and two others for a money decree of Taka 6,86,99,585.21.
2. Plaint case, in short, is that plaintiff No. 1 was a limi..
Category: Civil Law | Date: | Hits: 92
....of sections 3(1), 5(4), 9(1) and 15(1) to the Vat Act will reveal that the value added tax is an indirect tax on consumption of goods or services. It is a tax that is collected fractionally along the whole chain of distribution, from the point of production or importation to the supply to the consum......ahtab and Ms. Ayes Morshed, Advocates - For the Respondent No.3.
Writ Petition No.2339 of 1994.
Judgment
K M Hasan J.- The Rule was issued calling upon the respondents to show cause why the amount of Taka 100.53 added as VAT to petitioner’s Telephone Bill of October, 1994, should not be ......edit mechanism is created under section 9(1) for a taxable person to recover the tax that has been charged on the inputs coming from business. Any excess payment of the tax only leaves that amount of money temporarily in the hands of the Government. It must be paid back to the taxable person.
The..
Category: Fiscal/Taxation Law | Date: | Hits: 138
Animal Protection Society Chittagong Vs. Laxman Chadra Das & others, 2003, 32 CLC (HCD)
....he deposit account of the Public Account of the Republic as provided under section 10(2) of the Ordinance. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 522. ......). 16. Under sub‑section (2), amongst other, if there be a dispute as to title to receive the compensation or as to the apportionment of the compensation, the Deputy Commissioner shall keep the amount of compensation in a deposit account in the Public Account of the Republic Subject to the det......he deposit account of the Public Account of the Republic as provided under section 10(2) of the Ordinance. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 522. ..Category: Property Law | Date: | Hits: 61
Abdul Gafur alias Kana Mia and others Vs. Md Nurul Islam, 2004, 33 CLC (HCD)
....ed Magistrate would be at liberty to consider the bail of the accused-petitioner. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 519. ......ged agreement dated 13‑3‑1997. Photocopy of a forged document is not by itself a forged document. It is only taking a copy of a false document. Use of a photocopy of the forged document could not amount to use of a forged document. Moreover, the action brought by the opposite party against the p......ed Magistrate would be at liberty to consider the bail of the accused-petitioner. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 519. ..Category: Criminal Law | Date: | Hits: 94
IFIC Bank Ltd. and others Vs. Beximco Holdings Ltd. and others, 2004, 33 CLC (HCD)
....ion for temporary injunction is also dismissed. Connected Civil Rule No. 654 (FM) of 2004 is accordingly disposed of. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 154.......plaintiffs instituted the suit against the International Finance Investment and Commerce Bank Ltd., in short, the IFIC Bank, and others for a decree of several declarations including the ones that no amount was due from the plaintiffs to the defendants under the schedule 112 accounts and the Baghkha......ion for temporary injunction is also dismissed. Connected Civil Rule No. 654 (FM) of 2004 is accordingly disposed of. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 154...Category: Civil Law | Date: | Hits: 71
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