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....er dated 12.1.84 passed by the Munsif, 1st Court, Dhaka in Title suit Nos. 874 and 900 of 1980.
2. The relevant facts of the case are that the petitioner filed the above suits against the opposite parties, Principal of Residential Model School, Mohammadpur, Dhaka and Secretary, Ministry of Educat...... 263 and 65 IC page 661. The facts of the none of the above cases have got similarity with the facts of the present case. In the case reported in AIR 1925 Allahabad, it was held as follows:
"where payment of costs is made on condition precedent of adjournment granted to the defendants, it is open...... in the impugned order of the learned Additional District Judge. As a result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 392.
..
Category: Procedural Law | Date: | Hits: 132
....ormulated in this application is in the affirmative and against the Revenue.
Parties are to bear their respective costs althrough.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 389.
......Appellate Tribunal, Chittagong Bench, Chittagong:
"Whether on the facts and circumstances of the case, the Taxes Appellate Tribunal, Chittagong Bench, Chittagong, was justified in holding that the payment made to the National Exchequer by the assessee constitutes an expenditure deductible under s......ormulated in this application is in the affirmative and against the Revenue.
Parties are to bear their respective costs althrough.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 389.
..
Category: Fiscal/Taxation Law | Date: | Hits: 266
Mayajan Bibi Vs. Monohar Ali, 1984, 13 CLC (HCD)
.... allowing the Misc. case on condition of payment of cost of Tk. 100/-to the present petitioner within 15 days from the date of the order and restoring the suit upon such condition. 2. The opposite party who was the defendant in the suit alleged that he could not appear on the date of hearing be......r 9, rule 13 of the Code of Civil Procedure and is directed against the judgement and order dated 24.08.1983 passed by the learned Munsif, 3rd Court, Comilla allowing the Misc. case on condition of payment of cost of Tk. 100/-to the present petitioner within 15 days from the date of the order and ......r Order 9, rule 13 C.P.C. The Rule is, accordingly, made absolute without any order as to costs and the impugned order set aside. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 68. ..Category: Procedural Law | Date: | Hits: 127
Nowsher Ali & others Vs. State, 1986, 15 CLC (HCD)
.... being so armed but appellants without giving reply to his query, fled away. Thereafter Golam Sheikh (P.W.5) saw Elias lying on the ground without injury on his throat and other injuries on various parts of his person. He saw blood coming from the cut injury in the neck and at this he raised ala......pheld and reference is accepted. Sentence of death passed on each appellant is merely confirmed. Mohammad Sohrab Ali J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 57. ......pheld and reference is accepted. Sentence of death passed on each appellant is merely confirmed. Mohammad Sohrab Ali J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 57. ..Category: Criminal Law | Date: | Hits: 134
Noor Hossain and other Vs. State, 2002, 31 CLC (HCD)
.... accused Noor Hossain, accused Ramjan Ali, Habu, Ator Ali, Nurul Islam and Rabi gave 'kirich' blow, accused Shahin and Malu alias Abu gave 'ballam' blow and other accused caused injuries on different parts of body of the deceased. The accused cut half of the right ear of the deceased and left ear fr......down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 557. ......down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 557. ..Category: Criminal Law | Date: | Hits: 111
Dr. Md. Shahjahan, Advocate Vs. Election Commission and others, 2011, 40 CLC (HCD)
....nomination papers on 3rd and 4th December and last date of withdrawal of nomination paper on 11-12-2008. The petitioner as an activist of Bangladesh Nationalist Party (BNP) sought nomination from his party to contest the 9th Parliamentary Election but his political party did not nominate him as a ......g infructuous. In the result, this Rule on the two counts as mentioned above is discharged however, without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 543. ......g infructuous. In the result, this Rule on the two counts as mentioned above is discharged however, without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 543. ..Category: Election Law | Date: | Hits: 231
Noor Jamal Vs. State and another, 2009, 38 CLC (HCD)
....on) Present: Sidduqur Rahman Miah J Ataur Rahman Khan J Noor Jamal…………………………………………Petitioner Vs. State and another……………………..Opposite parties Judgment August 18, 2009. Result: The Rule is discharged. Cases Referred to- ......rental to the complainant leasing company and therefore till 30th June, 2005 the total outstanding of the Meghana Food Products towards the complainant company stands at Taka 30,13,246 only as part payment of the dues amount. The petitioner Maghna Food Products has issued several cheques amounting......etropolitan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 531...Category: Criminal Law | Date: | Hits: 103
Abdul Haque Vs. Monija Khatun and others, 2011, 40 CLC (HCD)
.... the compromise petition filed by the defendant Nos. 16-24, 29-31, 37 and 38 was accepted and the suit was decreed on the basis of alternative dispute resolution and made the compromise petition as a part of the decree. 4. Being aggrieved by and dissatisfied with the judgment and decree passed by......r in accordance with law. Send down the lower Court records along with a copy of this judgment immediately to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 528. ......r in accordance with law. Send down the lower Court records along with a copy of this judgment immediately to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 528. ..Category: Alternative Dispute Resolution | Date: | Hits: 227
Shariful Bhuiyan and another Vs. State, 2009, 38 CLC (HCD)
....te. Criminal Revision No.1414 of 2007. Judgment Siddiqur Rahman Miah J.- On an application under section 439 of the Code of Criminal Procedure, this Rule was issued calling upon the opposite party, state to show cause as to why order dated 28-8-2007 passed by the learned Additional Sessions......in 3 (three) months from the date of receipt of this order. Let a copy of the judgment be sent to the trial Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 524.......in 3 (three) months from the date of receipt of this order. Let a copy of the judgment be sent to the trial Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 524...Category: Procedural Law | Date: | Hits: 129
Md. Abul Boshar Vs. Minakhi Begum & others, 2011, 40 CLC (HCD)
....te fund to pay the balance amount of Taka 5,00,000, rather, the plaintiff tried to occupy the suit property under the shadow of powerful quarter. The defendant never avoided or refused to perform her part of contract but the plaintiff avoided to pay the balance money and due to plaintiff's delay as ......on record including the exhibits submits that the trial Court below having failed to consider that there was a contract in between the plaintiff-appellant and the defendant-respondent No.1 and part payment of consideration money is admitted and the plaintiff was willing and ready to perform his pa...... being Civil Rule No.773 (F) of 2007 is discharged. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 519...Category: Property Law | Date: | Hits: 105
....on the basis of the return or list of share-holdings as on 12.06.1970 as submitted in form K by the company to the Registrar of Joint Stock Companies. The return has not been challenged by any of the parties and we may safely accept the contents of the return. From the return it appears to us that a......with the back to secure over-draft loans amounting to Tk.19,80,000/-. It will appear from the letter written by Amlani and others to the bank that they had pledged 1,00,000 shares as security for repayment of Rs.19,80,000/-. Respondent No.4 bank has annexure-D in their affidavit copies of the docu....... with the Commerce Bank Ltd. (now Agrani Bank) Similarly Razi Hossain vi and another had pledged 25,000 shares of Purbachal Jute Industries Ltd. with the said Back on l2.02.197, for securing advance/loan given to all of them in the total amount of Tk.19,18,000/-. The petitioners in reply, however h..
Category: Company Law | Date: | Hits: 162
Promode Ranjan Paul & others Vs. Government of Bangladesh & others, 1986, 15 CLC (HCD)
....learned Munsif 1st Court, Brahmanbaria, passed in Title Suit No.156 of 1982. 2. The petitioner No.1 as plaintiff instituted the suit in the 2nd Court of Munsif, Brahmanbaria against the opposite parties as defendants for declaration and permanent injunction that the order of defendant No.2 th......roperty and they have also applied to the defendant No.2 for lease of the same. The defendant No.3 has been in possession of 04 acre out of the suit property by renewal of his lease every year and on payment of rent to the Government the plaintiff has been paying rent to the Government in respect of......order as to costs. The judgment and decree of the learned Subordinate Judge are set aside and those of the learned Munsif restored. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 132. ..Category: Property Law | Date: | Hits: 107
Siraj Mia (Md.) Vs. Nasima Akhter and another, 2002, 31 CLC (HCD)
....e for filing written objection but ultimately, she neither filed written objection nor any written statement and she also did not contest the suit and then on 24‑3‑92 the suit was taken up for ex parte hearing and during hearing the plaintiff examined himself as P.W.1 and also the service P.W.2 ......isfactory but the facts remain that the plaintiff, even in the case of exparte disposal is required to prove his own case and, in the eye of law, the plaintiff was required to prove the tender and/or payment of the balance amount of Taka 1,63,000 and that P.W.1, being the plaintiff, is an interested......laintiff is directed to put in stamp duty and registration fee on the valuation of the suit land at Taka 1,68,000 shown in the plaint. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 554...Category: Property Law | Date: | Hits: 104
....o his application filed from the custody.
6. On the other hand Mr. M Wali-ul-Islam, the learned Advocate appearing on behalf of the respondent submits that the respondents have no fault on their part because they have already issued the final allotment letter to the last known address of the pe......stallment and fulfill the conditions which was laid down in the allotment letter, so we do not find any reason to cancel the final allotment letter for non compliance of the condition relating to the payment of further installments and the learned Advocate for the respondent also admits that the fin......the above observation. Let a copy of the Judgment and order be sent to the concerned authority for information and necessary action.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 517. ..
Category: Property Law | Date: | Hits: 115
Cyma Zarrar Vs. Arab Bangladesh Bank Limited and others, 2010, 39 CLC (HCD)
....ent: Quamrul Islam Siddiqui J ABM Hassan J Cyma Zarrar……………………………Petitioners Vs. Arab Bangladesh Bank Limited and others……………………………Opposite parties Judgment August 2, 2010. Result: The Rules in Civil Revision Nos. 1919 of 2009 a......t District Judge and Artha Rin Adalat No.3 in Miscellaneous Case No.9 of 2005 are hereby affirmed. There is no order as to costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 514. ......No.1919 of 2009 the facts leading to the issuance of the Rule in brief, are: In Civil Revision No.1919 of 2009, the opposite party as plaintiff filed Money Suit No.107 of 1995 for realization of loan money of Taka 6,77,7,398.89 in the Court of Joint District Judge and Artha Rin Adalat, Dhaka. B..Category: Procedural Law | Date: | Hits: 121
Lila Begum and others Vs. Faruque Meah and another, 2010, 39 CLC (HCD)
...., Sylhet, in Title Suit No.02 of 1984. 2. The said 2(two) revisions were preferred by (two) sets of petitioners who were defendant in the original suit. 3. The plaintiff instituted the suit for partition being Title suit No.122 of 1965 in the Second Court of the Munsif, Sylhet. On transfer to ......in both the Revisions are hereby recalled and vacated. Send down the LC Record immediately. However, there is no order as to costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 507. ......in both the Revisions are hereby recalled and vacated. Send down the LC Record immediately. However, there is no order as to costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 507. ..Category: Property Law | Date: | Hits: 97
ABM Quabil Ahmed Vs. Secretary, Ministry of Health and another, 1991, 20 CLC (HCD)
....Homeopathic system of medicine and for matters connected therewith.” One of the functions of the Board as enumerated in section 13 is to consider applications for recognition made by institutions imparting or desiring to impart instruction in Homeopathy. Section 16 lays down the procedure how such......n within a reasonable time. The Rule is, accordingly, discharged with above observation. There shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 385.......n within a reasonable time. The Rule is, accordingly, discharged with above observation. There shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 385...Category: Others | Date: | Hits: 154
Dalilur Rahman and others Vs. State, 1991, 20 CLC (HCD)
.... Dalilur Rahman and others………………………Appellants Vs. The State .....................Respondent Judgment December 1, 1991. Result: The appeal is allowed in part. Case Referred To- Fateh Khan Vs. The State, 15 DLR (SC) 51. Lawyers Involved......nted by this court be discharged from his bail bond. Let the Criminal Revision No.1020 (R)/91 be disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 379. ......nted by this court be discharged from his bail bond. Let the Criminal Revision No.1020 (R)/91 be disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 379. ..Category: Criminal Law | Date: | Hits: 148
Hellenic Lines Ltd. Vs. People's Republic of Bangladesh, 1985, 14 CLC (HCD)
....carrier". The damage if any took place either in the on-carrying ship or at the Chittagong Port premises for which appellant-defendant Nos.1 & 2 are not liable As defendant Nos.1 & 2 were not party to the insurance survey earned out by the Lloyd's surveyor they are not liable for the result ......smissed without any order as to costs. The judgment and decree passed by the trial Court are affirmed. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 93.......smissed without any order as to costs. The judgment and decree passed by the trial Court are affirmed. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 93...Category: Business or Commercial Law | Date: | Hits: 463
Shahr Banoo Mohsin Asgar and another Vs. Lailun Nahar Ershad and others, 1991, 20 CLC (HCD)
....8 of 1990. Judgment Bimalendu Bikash Roy Chowdhury J.- Is the Civil Court so powerless that in exercise of its inherent powers it cannot entertain, an application for setting aside, an ex parte decree which is alleged to have been obtained on practising fraud upon the court itself ? This......oney amounting to Tk. 30,000.00 was not paid at all and that the deed of agreement made a fain mention about the receipt of the earnest money. Similarly it has been proved that because of non‑payment of the earnest money the original deed of agreement was not given to the plaintiff but was k...... do application on merit. There shall, however, be no order as to costs. Let a copy of this order be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 552...Category: Procedural Law | Date: | Hits: 130
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