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Bangladesh Road Transport Corporation Vs. M/s. Ashraf Jute Mills Ltd., 1990, 19 CLC (HCD)
....roperties both movable and immovable of the above company to this Court within two months from the date of receipt of a copy of this order. Ed. This Case is also Reported in: 43 DLR (1991) 240. ...... its liability and requested the petitioner to accommodate M/s. Nayapara Jute Mills Ltd. in the aforesaid premises. The respondent company is unable to pay and also has neglected to pay the aforesaid amount of Tk. 1,85,359.95 which is the legal dues of the petitioner. On 24.1.87 the petitioner serve......ioner being landlords comes within the purview of the term 'creditor'. The learned Advocate submits that there are two alternative ways for the petitioner to realise the dues, one by filing a regular money suit in Civil Court and the other by filing an application before this Court under section 162..Category: Company Law | Date: | Hits: 165
Fahim Al Haque (Minor) and another Vs. Mohammad Abdul Aziz and others, 1990, 19 CLC (HCD)
....e suit as expeditiously as possible preferably within six months from the date of receipt of this order if the suit is otherwise found ready. Ed. This Case is also Reported in: 43 DLR (1991) 226.......e same. They took loan from the house Building Finance Corporation for Construction of multistoried building there. In some portion of the Suit plot they have in fact constructed a building at a huge amount of money. The defendants have never encroached upon any portion of the land of the plaintiffs......ey took loan from the house Building Finance Corporation for Construction of multistoried building there. In some portion of the Suit plot they have in fact constructed a building at a huge amount of money. The defendants have never encroached upon any portion of the land of the plaintiffs and after..Category: Property Law | Date: | Hits: 59
Hussain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
.... when the accused was asked to make a statement under section 342 of the Code of Criminal Procedure, the accused started reading his statement but the Tribunal objected to the accused reading out the whole statement on the grounds that it is too long and is political in nature and the court in fact ......he Tribunal started playing a hostile role, including the prosecution side and in every question put by defence the Prosecutor jumped up and interfered with and supplied the answer to the witness. No amount of protest stopped the prosecution from doing so and the court took no action and it is also ......e, with the above observation I fully agree with the decision of my learned brother Anwarul Hoque Chowdhury J. that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 347. ..Category: Criminal Law | Date: | Hits: 73
Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)
....se. In the result, the appeal of Abdul Bari is allowed and those of others are dismissed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 43 DLR (1991) 336. ......ged by the prosecution that during this time Arun was seriously beaten. Prosecution further alleged that accused appellants extorted money from Arun's father and further threatened that if sufficient amount of money was not paid to them, Arun would be further beaten. On 25.10.86 Arun's father and ma......s kept in custody at Ramna PS from 23.10.86 to 25.10.86. It is alleged by the prosecution that during this time Arun was seriously beaten. Prosecution further alleged that accused appellants extorted money from Arun's father and further threatened that if sufficient amount of money was not paid to t..Category: Criminal Law | Date: | Hits: 87
Chairman, BCIC Vs. Md. Ali Akkas and others, 2010, 39 CLC (AD)
....2007 as lump amount/grant on the basis of last basic pay drawn immediately before the commencement of L.P.R. after deducting the amount of encashment granted against earned leave availed during the whole period of his service. Deduction was made to keep the lump amount/grant within the limit of 12......er was retired from service. On the basis of the decision dated 08.08.1993, the writ-petitioner of above writ petition went on L.P.R. and was paid TK. 1,95,282.00 vide memo dated 17.09.2007 as lump amount/grant on the basis of last basic pay drawn immediately before the commencement of L.P.R. af......ove, the submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, these petitions are dismissed Ed. This Case is also Reported in: VIII ADC (2011) 181. ..Category: Employment/Service Law | Date: | Hits: 90
Bangladesh Inland Water Transport Corporation Vs. Nazma Transport Company, 1991, 20 CLC (HCD)
.... Court and the Marine Court is at liberty to proceed with the proceeding in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 152. ...... Ahmed with Khondker AM Mohsenuddin, Advocates ‑ For the Defendant. Admiralty Suit No. 21 of 1987. Judgment Md. Mozammel Hoque J.- In this suit the plaintiff has prayed for a decree for an amount of Tk. 22,949.00 against the defendant alleging, inter alia, that plaintiff is a statutory co...... Court and the Marine Court is at liberty to proceed with the proceeding in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 152. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 164
Nazrul Islam and others Vs. The State, 1991, 20 CLC (HCD)
....rp cutting weapon used by carpenters) on his ear, and behind the head. Accused Moslem dealt a dao blow upon his throat and groin. Mostafa and Sukkur had caught hold of Sabdul at that time. During the whole occurrence he and accused Kashern stood on the ail (boundary of a plot of land) nearby and Sab......lved in their statements by the confessing accused Nazrul and Kashem cannot be sustained also because in the absence of any other evidence against them, confessional statement of a co‑accused would amount to no evidence. It is also submitted by the learned Advocate for the appellants that the lear...... not wanted in connection with any other case. The non‑appellant accused Kashem will however not get any benefit of this appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 142. ..Category: Criminal Law | Date: | Hits: 86
Agragami Engineers Ltd. Vs. Bangladesh Bank and others, 1992, 21 CLC (HCD)
....nk it is seen that there it has been stated in paragraph 5 that the first tender was for pre‑qualified contractor of Bangladeshi origin only. The requirement of experience of supply of 300 TR for a whole work order was considered inadequate in the case of an open tender. It has been clearly assert......n to that of the petitioner company and that the BUET finally recommended the petitioner company to do the job and in the event of calling a fresh tender the public exchequer would lose an additional amount of Tk. 2 crores. 6. On receipt of the report from the Bureau of Anti‑Corruption, the Sec......Ali Automobiles Ltd. were pre‑qualified. The petitioner company brought tender documents from the office of the Bangladesh Bank and submitted it together with bank draft of Tk. 5.00 lacs as earnest money on 30.12.90. The officer of the Bangladesh Bank (respondent No.2) opened the tenders in presen..Category: Others | Date: | Hits: 123
Md. Riaz Uddin Khan and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....perficially performed religious rites -some of them are said to be followers of Islam. He concluded his article by quoting the verses 8, 9, 10 of surah-Al-Baqurah. 4. If one reads the article as a whole, there will be no doubt that the writing is not only indecent but the language used in it also......any writings which is calculated to bring a Court or Judge to lower his authority or utterances which are calculated to interfere with the Course of justice or the lawful process of the Courts that amount to contempt. The whole principle of law of contempt is against any such defence, and if the l......of Tk. 100/-, in default, to suffer simple imprisonment for 1(one) day. They respondent No.2 is let off the charge with the above observations. This Case is also Reported in: 8 LG (AD) (2011) 122. ..Category: Criminal Law | Date: | Hits: 124
Sarwar Hossain Moni Vs. State and another, 2011, 40 CLC (AD)
....rrived at a correct decision. We, therefore, find no reason to interfere with the same. These petitions are accordingly dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 71. ......rrived at a correct decision. We, therefore, find no reason to interfere with the same. These petitions are accordingly dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 71. ......encashment but the cheque was dishonoured on 15th June, 2008. Thereupon, the drawee-respondent served a legal notice through his lawyer on 22nd June, 2008 requesting the petitioner for payment of the money but the accused petitioner despite receipt of the notice did not respond to the request. There..Category: Criminal Law | Date: | Hits: 118
Privatization Commission Vs. Golam Mostafa and others, 2011, 40 CLC (AD)
....h costs of Taka 50,000. The judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 67, 31 BLD (AD) (2011) 173, 16 MLR (AD) (2011) 239. ......d. The Government informed the writ petitioner that the Ministry of Finance imposed certain conditions which included (i) 10% down payment of the long term loan of Taka 15,34,44,990, (ii) the balance amount would be payable with 1 (one) year's rebate within 9 (nine) year's in half yearly installme......ppeal was whether the writ petitioner was liable to pay the long term loan of the Mills. On consideration of annexure-B to the writ Petition, the High Court Division came to the conclusion that the money sanctioned by the Government of Denmark was a tied grant and thus the question of repayment ..Category: Civil Law | Date: | Hits: 90
Provas Chandra Banik Vs. Naresh Chandra Banik and others, 2009, 38 CLC (AD)
....f the joint family, but the plaintiffs brought the suit claiming that the entire suit property along with other properties purchased under the auction by Nabaddip in his own name is a property of the whole family of Khalish Chandra Banik and his two brothers without seeking that the suit property wa...... to her five sons upon obtaining mortgage of the property, owned by the said loanee, including the suit property for which after the death of said Kailash, when the loanee failed to pay back the loan amount, the aforesaid Nabaddip for his own interest instituted mortgage Title Suit No. 506 of 1917 a......e find no substance in the submission of the learned Advocate for the petitioner. The leave petition is thus dismissed having no merit. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 62. ..Category: Property Law | Date: | Hits: 75
Abdul Awal Mia (Md.) Vs. Sonali Bank & others, 1990, 19 CLC (HCD)
....nd decree of the learned Subordinate Judge are set aside and the suit is dismissed on contest against the added defendant No. 3 without cost. Ed. This Case is also Reported in: 43 DLR (1991) 201.......limit of Tk. 10,00,000/‑ for which full premium has been paid and the defendant No. 2 is thus bound to make good the loss in case of such defalcation of money of the plaintiff. The said defalcation amount has not been paid by the defendant No. 1 in spite of repeated demands and hence the suit. ......cash due to defalcation is coveted up to the limit of Tk. 10,00,000/‑ for which full premium has been paid and the defendant No. 2 is thus bound to make good the loss in case of such defalcation of money of the plaintiff. The said defalcation amount has not been paid by the defendant No. 1 in spit..Category: Civil Law | Date: | Hits: 82
Dildar Hossain and another Vs. Md. Sharif Hossain and others, 1990, 19 CLC (HCD)
....f fresh service of summons upon the cited witnesses is allowed. Let a copy of this order be transmitted to the Court concerned immediately. Ed. This Case is also Reported in: 43 DLR (1991) 196. ...... at any time afterwards, the court may, in its discretion issue a warrant, either with or without bail, for the arrest of such person, and may make an order for the attachment of his property to such amount as it thinks fit, not exceeding the amount of the costs of attachment and of any fine which m......f fresh service of summons upon the cited witnesses is allowed. Let a copy of this order be transmitted to the Court concerned immediately. Ed. This Case is also Reported in: 43 DLR (1991) 196. ..Category: Property Law | Date: | Hits: 78
Habibullah Chowdhury (Md.) Vs. Rajdhani Unnayan Kartipakhho and another, 1990, 19 CLC (HCD)
.... to costs and the order of stay passed by this Court is vacated. Let a copy of the judgment be served on the respondents for future guidance. Ed. This Case is also Reported in: 43 DLR (1991) 187.......the building or excavation or re‑excavation of the tank, provided such person‑ (i) pays, within the time specified by the Authorised Officer or, the Committee, as the case may be, a fine of an amount, which shall not be less than Tk. 5000 and more than Tk. 50,000 to be determined by that Offi...... to costs and the order of stay passed by this Court is vacated. Let a copy of the judgment be served on the respondents for future guidance. Ed. This Case is also Reported in: 43 DLR (1991) 187...Category: Property Law | Date: | Hits: 77
Ismail Mohammad Vs. Motasim Ali Chowdhury, 1993, 22 CLC (HCD)
....record. The learned Advocate may move an application before the trial Court, if so advised. Accordingly the application is disposed of. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 123.......record. The learned Advocate may move an application before the trial Court, if so advised. Accordingly the application is disposed of. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 123.......izul Islam by registered sale deeds who entered into an agreement with the defendant for sale of 0.05 acres of plot No.110 recorded as SA Plot No.1 and on receipt of part payment of the consideration money handed over physical possession in January, 1968 and since then defendant had been possessing ..Category: Property Law | Date: | Hits: 79
Meghna Petroleum Limited Vs. Commissioner of Taxes, 1992, 21 CLC (HCD)
.... and the authorities below are directed to stay realisation of tax as demanded till decision of the Reference Application. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 115.......Applicant. Md. Moksudur Rahman, Advocate ‑ For the Respondent. Application No.133 of 1991. Judgment AM Mahmudur Rahman J.- This is an application for stay of realisation of the disputed amount of tax 60 the decision of the questions of law referred in the Reference Application No.133 o...... and the authorities below are directed to stay realisation of tax as demanded till decision of the Reference Application. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 115...Category: Fiscal/Taxation Law | Date: | Hits: 98
State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)
....riminal justice delivery system is to ensure law and order in the society and one of the ways to do that is to impose punishment in accordance with law upon the offenders. Otherwise, the society as a whole would suffer and the progress of the country will be impeded. As such, it is the foremost du......minate grant of bail, however, merely on the request of a person, who appears in Court, and thereby surrenders himself to that Court, without the other conditions for such bail being satisfied, would amount to act of judicial extravagance which cannot be countenanced." 21. The Supreme Court of Pa......rate forthwith. With this direction, the petition is disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 53, 19 BLT (AD) (2011) 144, 8 LG (AD) (2011) 168, VIII ADC (2011) 620. ..Category: Criminal Law | Date: | Hits: 89
Budhiswar Biswas Vs. Akbar Ali Sheikh and others, 1990, 19 CLC (HCD)
....nd hence those are set aside resulting in the dismissal of the suit. This rule is, accordingly made absolute without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 183.......the suit land between the parties and it was decided in the salish that the plaintiff would pay Tk. 1000.00 to the defendant within the month of Aswin of the year of salish and on receipt of the said amount the defendant would reconvey the suit land. Thus it appears that the plaintiff has based his ...... 1 deposed that he sold the suit land on behalf of the minor son and that there was an oral agreement to the effect that, the land would be reconveyed within 7 years on repayment of the consideration money. He further deposed that a salish took place in their local Union Parishad on the basis of an ..Category: Property Law | Date: | Hits: 74
Gura Meah Vs. Hari Pada Parial & others, 1990, 19 CLC (HCD)
....ubstance in this appeal for what have been discussed above. In the result, the appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 181.......ubstance in this appeal for what have been discussed above. In the result, the appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 181....... sold their 8 annas share in the disputed land to the plaintiff by two registered kabalas dated 10.4 .52 which he purchased in the benami of his son Haripada Parial, the defendant No. 3, with his own money and for his own benefit and possessed the suit land without partition by metes and bounds. The..Category: Property Law | Date: | Hits: 69
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