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Janata Bank Vs. Abdus Salam, 2003, 32 CLC (AD)

....ount Nos. 624, 643 and 654 respectively and kept the goods in the godown at Shabistan Cinema Building at Armanitola. The plaintiff took part delivery of the said imported goods from time to time upon payment against total outstanding dues of the above LIM accounts that subsequently the bank had to r......udg­ment and decree dated 4.9.94 passed by the High Court Division in F. A. No. 68 of 1988 is hereby set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 406. ..

Category: Civil Law | Date: | Hits: 79

Khondoker Mobarak Ali Vs. Jahanara Begum and others, 2003, 32 CLC (AD)

....in the year of 1359 B.S. Settled the suit land orally to the plaintiff Rakhal Chandra Pal. Manindra Nath filed Rent suit No.150 of 1956 wherein tie admitted the present plaintiff as his tenant. On payment of arrear rents the suit was dismissed. The plaintiff had been in possession of the suit la....... Accordingly, the appeal is dismissed with­out any order as to costs. The suit has rightly been dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 401. ..

Category: Property Law | Date: | Hits: 26

Sheikh Ahmed Showdagar and oth­ers Vs. Mostafizur Rahman and another, 2002, 31 CLC (AD)

....e said excess land, "Gunjaish" fit for cultivation and thereby the pattan holders had been possessing land more than their pattani land for more than the statutory period of limitation on payment of rent to their landlord. The plaintiffs purchased the land from the heirs of pattan hold......sion made above we do not find merit in this appeal. Accordingly the appeal is dismissed with­out any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 326. ..

Category: Property Law | Date: | Hits: 24

Nizam Uddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2004, 33 CLC (AD)

....ues on 25.02.2001 but still the cheques were returned unpaid on 26.02.2001 and then the complainant demanded the money sending a notice dated 10.03.2001 giving the accused 15 days time to make the payment but still no pay­ment being made the complaint was filed on 22.04.2001 and the learned ......re involved in share business and being closely known to each other the complainant gave a loan of Tk. 60,000,00/- to the accused who assured to reimburse the amount in no time and later issued two cheques in favour of the complainant dated 27.08.2000 one for Tk. 45,000,00/- and another for Tk.15..

Category: Business or Commercial Law | Date: | Hits: 138

Additional Deputy Com­missioner (Rev) Dhaka & others Vs. Mst. Farhad Begum & ors, 2004, 33 CLC (AD)

....suit land to Mr. Mujibul Hoque by kabala Nos. 23998 and 24036 both dated 19.6.79; Mujibul Hoque after getting possession of the suit land mutated his name and continued to possess the suit land on payment of rent to the Government and while in possession he died leaving the plaintiffs as his hei......ent and order dated 18.5.1999 passed by the High Court Division in F.A. No. 74 of 1998 is set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 256. ..

Category: Property Law | Date: | Hits: 29

Saleha Begum and others Vs. Nisar Uddin and others, 2007, 36 CLC (AD)

....00/- (ten thousand) upon the plaintiff-petitioners and we are of the view that in the facts and circumstances of the case ends of justice would be met if the plaintiff-petitioners are exempted from payment of the aforesaid cost of Tk. 10,000/- (ten thousand). The plaintiff-petitioners are accord...... are accordingly exempted from payment of the said cost. With the above observation this petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 342. ..

Category: Property Law | Date: | Hits: 25

Bangladesh Water Development Board Vs. M/s Zakir Construction & Co., 2000, 29 CLC (AD)

....iod of two years of the unpaid amount of Tk. 6,82,40,216.13 Paisa is illegal. 11. It is submitted that section 29 of the Arbitration Act provided that where and in so far as an award is for payment of money the court may in the decree order interest from the date of the decree at such rat......refore no merit in this appeal and the same is liable to be dismissed. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 160. ..

Category: Civil Law | Date: | Hits: 89

Government of Bangladesh Vs. Shamsuddin Ahmed, 2003, 32 CLC (AD)

....se by filing a written objection contending that the respondent having remained out of office for about 20 years and also having engaged himself as a practicing Advocate from 22-3-75, the question of payment of arrear salary does not arise. Even otherwise, the con­ditions in the order of reinstatem......wing arrear salary to the respondent is affirmed and the order allowing pro forma pro­motion to him is disallowed.    Ed. This Case is also Reported in: 1 ADC (2004) 144. ..

Category: Administrative Law | Date: | Hits: 138

Dhaka University Vs. Gias Kamal Chowdhury and others, 2001, 30 CLC (AD)

....iction. 7. Article 21(1) provides that all graduates of the University of at least three years standing shall be entitled to have their names enrolled in register of registered graduates on payment of prescribed fees and all the disputes relating to compliance with the provision of the or......al and the same is accordingly dismissed without cost. Connected Civil petition for leave to Appeal No. 9 of 2001 is also dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 71. ..

Category: Civil Law | Date: | Hits: 98

Abdul Aziz Vs. Khaja Abdul Gani and others, 2003, 32 CLC (AD)

....ion 561 A of the Criminal Procedure Code. In view of the above the criminal appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 23. ......ame to know that the accused respondent is not the owner of the land. Therefore he asked the accused respondent to refund the entire money. Accordingly, on 25.3.1997 the accused respondent issued a cheque of Tk. 5 lacs in favour of the complainant. The cheque was dis­honoured on 29.3.1997 6.4..

Category: Criminal Law | Date: | Hits: 45

Golam Ambia Vs. Deputy Commissioner, Mymensingh and others, 2003, 32 CLC (AD)

....uthority to possess fire arms, a .22 bore revolver No. 1616892 with 20 rounds of live cartridges and a .22 bore rifle No. 353071 with 15 rounds of cartridges. The licenses were regularly renewed on payment of fees to the concerned authority. An Advocate, named, Javed Akther Faruq, who is his pol......tridges which were seized by the impugned list to the petitioner immediately. Ed.         This Case is also Reported in: 1 ADC (2004) 13. ..

Category: Criminal Law | Date: | Hits: 40

Abdur Noor Chowdhury Vs. State and another, 2007, 36 CLC (AD)

....rd and the law involved rejected the  application under section 561A Cr. PC summarily. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 268. ...... the petitioner received Tk. 3,15,000/- from him for pur­chasing  land  and the  petitioner  after receiving further sum of Tk. 3,50,000/- from the petitioner issued three cheques in his favour and the said cheques being sub­mitted in the account of the informant mai..

Category: Criminal Law | Date: | Hits: 45

Harunullah Akhand Vs. Abdul Latif & others, 2006, 35 CLC (AD)

....vernment and after their death, the plaintiff Nos.1-7 as heirs of Ishaque inher­ited the property and plaintiff Nos.20-25 as the heirs of Ismail are in continuous possession of the suit land on payment of rent regularly. The suit land was wrongly recorded in the name of Ishaque alone in S.A. ......rect decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 243. ..

Category: Property Law | Date: | Hits: 34

Mojibar Matubbar and others Vs. Abdul Hamid Matubbar, 2008, 37 CLC (AD)

.... 3. The defendant-petitioners contested the suit alleging that the suit land belonged to Kurban Ali who took loan from Karam Ali Sheikh but the loan remained unpaid. Kurban Ali died without payment of loan. Hence Karam Sheikh filed money suit and obtained an ex parte decree against the he......fers legal infirmity and is liable to be set aside. The appeal is therefore allowed with­out any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 238. ..

Category: Property Law | Date: | Hits: 25

Bangladesh Vs. Md. Abdur Rob and others, 2005, 34 CLC (AD)

....t Appeal No.79 of 1990 before the High Court Division and filed therein an appli­cation under Order 6 Rule 17 CPC praying for adding the prayer for recovery of khas possession in the plaint on payment of ad veloram court fees  contending that unless the above consequential relief of rec......irst Appeal No.79 of 1990 is sent back to the High Court Division for disposal on merit. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 219. ..

Category: Civil Law | Date: | Hits: 107

Commissioner of Customs, Dhaka and others Vs. M/s. Diplomat Garment (Pvt.) Ltd., 2007, 36 CLC (AD)

....for storing its raw materials imported by opening back-to-back letter of credit against master Letters of Credit sent by its foreign buyers from time to time. The imported goods were stored without payment of the required customs duty, tax and other charges after proper declaration submitted with......ect decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 206. ..

Category: Fiscal/Taxation Law | Date: | Hits: 55

K.K.K. Garments Limited Vs. Islamic Bank Bangladesh Limited and others, 2007, 36 CLC (AD)

....and the plaintiff bank sanctioned loan to defendant No.1 on Murabha investment basis for a sum of Tk. 20,14,087.00 for machinery and the defendants accepted the sanction letter which is fixed for repayment of the loan money together with profits thereof by 28.04.1988. Defendant Nos. 2 and 3 depo......erit in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 181. ..

Category: Banking Law | Date: | Hits: 97

Collector of Customs, Customs House, Chittagong & ors Vs. M/s. Sumi Enterprise, 2008, 37 CLC (AD)

....s on the basis of the said SRO dated 16.8.1988 and thus imposed and realised from the writ petitioner an amount of Tk. 1.51.810.69/- paisa in excess. The writ petitioner then released the goods on payment of this excess amount under protest to avoid extra liabil­ities by way of demurrage and......peal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 6 LG (AD) (2009) 108; 61 DLR (AD) (2009) 67; VI ADC (2009) 106; 29 BLD (AD) 2009, 11. ..

Category: Fiscal/Taxation Law | Date: | Hits: 75

M/s Six Star Corporation, Proprietor Haji Mozahar Sowdager Vs. Bangladesh, 2004, 33 CLC (AD)

....02 which was duly accepted. That ultimately the auction purchaser petitioner through its C & F Agent filed bills of entry on 23-12-2002 to the Customs Authority, Khulna for the pur­pose of payment of customs duty, VAT and other charges and thereafter on 31-12-2002 filed and application t......at liberty to take their dues of Tk. 2,35,30,945.95 paisa from the Marshal at any time and the Marshal of the Court shall so pay in favour of the Chairman, Mongla Port Authority by an account payee cheque as and when so demanded the defen­dant Nos.1-3 and 4 are entitled to take the rest of sa..

Category: Admiralty Law or Maritime Law | Date: | Hits: 199

Haji Alauddin Vs. State and another, 2008, 37 CLC (AD)

.... to keep his commitment as per the undertak­ing and thereupon the informant through lawyer served a legal notice on May 11,1998 and the accused-appellant replied to the legal notice denying the payment of the amount due. On September 3, 1998 there was salish for the 2nd time and therein the ......legal notice denying the payment of the amount due. On September 3, 1998 there was salish for the 2nd time and therein the accused-appellant admitted the money due from him and issued 3 post dated cheques of October 25, 1998, November 25, 1998, December 25, 1998 for an amount of Tk. 33,00,000/- ..

Category: Criminal Law | Date: | Hits: 32