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....f wired glass to be delivered at the factory premises of the plaintiff at Tongi. The defendant No.1 agreed to supply the said quantity of wired glass in terms of the agreement settled between the parties. The defendant No.1 was to be present at the time of delivery of the consignment and to be r......ance in the contentions raised by the learned Advocate for the appellant.
In the result, the appeal is dismissed without any cost.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1993) 45.
......ance in the contentions raised by the learned Advocate for the appellant.
In the result, the appeal is dismissed without any cost.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1993) 45.
..
Category: Business or Commercial Law | Date: | Hits: 325
Syed Alim Mansur Vs. Registrar, Joint Stock Companies, 1989, 18 CLC (HCD)
.... of the Companies Act enjoins a duty upon the Company to get the mortgage deed registered with the Joint Stock Companies within 21 days, the Company could not get it done due to inadvertence on the part of the Officers of the Company and such omission was unintentional and without any mala fide mo...... is directed to pay a sum of Tk. 5,000/- (Taka five thousand) only to the Diabetic Association of Bangladesh, Segun Bagicha, Dhaka by way of donation. The petitioner Company is to file the receipt of payment one week before drawing up of the order. The Company shall bear the cost of this applic......ns, gardens, fisheries, forestries, trading rights, live or dead stock or animal husbandry. 4. The petitioner, a Director of the Company, has stated in the petition that the Company entered into a loan agreement on June 24, 1987 with Saudi Bangladesh Industrial and Agricultural Investment Company..Category: Company Law | Date: | Hits: 191
Suresh Majumder and Others Vs. Government of Bangladesh & Others, 1998, 27 CLC (HCD)
....emselves from the suit. 2. The petitioner’s case in short is that plaintiff Nos.1-12 instituted Title suit No.41 of 1976 in the Second Court of Subordinate Judge, Bakerganj impleading opposite party Nos.13-16 as defendants praying for a declaration of their rayati rights and title in the disp...... the category of defendants and accordingly the plaint may be amended. Accordingly the Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 42 DLR (1990) 10. ...... the category of defendants and accordingly the plaint may be amended. Accordingly the Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 42 DLR (1990) 10. ..Category: Procedural Law | Date: | Hits: 82
....ission. The petitioner was promoted to the post of Executive Engineer in the month of June, 1971 and in 1978 he was promoted to the next higher post of Superintending Engineer in Roads and Highways Department and in December, 1982 he was posted as Superintending Engineer, Road Circle, Dhaka and comp......ulgation of the said Proclamation i.e. on the date of repeal of MLO 9.
I, accordingly, concur with the order passed by my learned brother.
Ed.
This Case is also Reported in: 42 DLR (1990) 1.
......ulgation of the said Proclamation i.e. on the date of repeal of MLO 9.
I, accordingly, concur with the order passed by my learned brother.
Ed.
This Case is also Reported in: 42 DLR (1990) 1.
..
Category: Employment/Service Law | Date: | Hits: 209
State Vs. Md. Sirajul Islam and others, 2012, 41 CLC (HCD)
....justment Akhter Hossain and his wife Julie left Sirajul Islam’s house and went to Julie’s father’s house. Akhter Hossain and Julie lived there (Aktar’s father-in-law’s house) till the later part of July-2005 A.D. In the meantime, Sirajul Islam to meet his problem took a loan of Tk.2,50,000......4. Let the Lower Court Records along with a copy of this judgment and order be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: ......to Julie’s father’s house. Akhter Hossain and Julie lived there (Aktar’s father-in-law’s house) till the later part of July-2005 A.D. In the meantime, Sirajul Islam to meet his problem took a loan of Tk.2,50,000/- from Aktar Hossain which Siraj did not pay back to Aktar Hossain. Aktar Hossai..Category: Criminal Law | Date: | Hits: 105
Wajeda Khatun and others Vs. Saonatun Bewa, 2002, 31 CLC (HCD)
...., Gaibandha Sadar, in Miscellaneous Case No.1 of 1994 allowing relation of the original suit to its file and number upon setting aside the impugned order dated 4‑10-95. 2. The plaintiff-opposite parties instituted Other Class Suit No.564 of 1981 in the Court of the Munsif (now Assistant Judge),......e Original Suit on acceptance of the cost not deposited within the given time on 4‑10‑95. He further submits that the order dated 4‑10‑95 impliedly dismissing the Miscellaneous Case for non‑payment of costs being an appellate order under Order XLIII and rule 1 (c) of the Code, the learned ......nment should be allowed to the parties except on compelling circumstances. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 460. ..Category: Procedural Law | Date: | Hits: 94
Zeenat Mosharraf Vs. Md. Sirajul Huq, District Anti-Corruption Officer & others, 2001, 30 CLC (HCD)
....n, Dhaka and others, reported in 1998 BLD 167 it was observed that under section 5 of the Banker’s Books Evidence Act, 1891 no officer of a bank shall in any legal proceeding to which the bank is a party be compelled to produce any Banker's Book or to appear as witness to prove the matters, transa......t No.5 as contained in Annexure A‑1 are hereby declared to have been made without any lawful authority and are of no legal effect. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 457. ......t No.5 as contained in Annexure A‑1 are hereby declared to have been made without any lawful authority and are of no legal effect. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 457. ..Category: Criminal Law | Date: | Hits: 305
Ka Bi Ma Iftekhar Anam Vs. State & another, 2010, 39 CLC (HCD)
....iscellanous Case No. 25988 of 2009. Judgment Siddiqur Rahman Miah J.- This Rule on an application filed under section 561A of the Code of Criminal Procedure was issued calling upon the opposite parties to show cause as to why the proceedings in Sessions Case No.666 of 2007 arising out of CR ......k because of the insufficiency of fund nor it exceeds the amount arranged to be paid from that account by an agreement made with the bank, rather the cheque has been returned on the remarks of stop payment instruction made by the drawer of the cheque and thus there is no materials of section 138 o...... granted earlier shall stand vacated. Send a copy of this order to the Assistant Sessions Judge, 3rd Court, Rajshahi for compliance. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 338. ..Category: Criminal Law | Date: | Hits: 94
Abu Hena Mostafa Kamal & another Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....he learned Deputy Attorney General at length and considered their submissions. Let us take note of the provision as envisaged section 82BB under the caption of "Universal Self Assessment" first. This particular piece of legislation in the fiscal jurisprudence came in the year 2007 by the Finance O......es impugned against in all the petitions are hereby declared to have been passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 334. ......es impugned against in all the petitions are hereby declared to have been passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 334. ..Category: Fiscal/Taxation Law | Date: | Hits: 167
Sadia Chowdhury Parag Vs. Chairman, Film Censor Board & others, 2003, 32 CLC (HCD)
.... much so that his widowed mother Hurmat Jahan finding no other alternative had to appear at the ‘Jalsha’ in the guise of a Baizee to restrain and bring back her son Hason to the right track. This particular scene was taken exception to by Mr. Shorful Islam Khan as obscene and objectionable and m......r as to cost. The Producer and Director of the film "Hason Raja'' is at liberty to release/screen the film without any hindrance from anyone. Ed. This Case is also Reported in: 55 DLR (2003) 445.......r as to cost. The Producer and Director of the film "Hason Raja'' is at liberty to release/screen the film without any hindrance from anyone. Ed. This Case is also Reported in: 55 DLR (2003) 445...Category: Civil Law | Date: | Hits: 210
Moti Miah Vs. Ful Miah and others, 2008, 37 CLC (HCD)
...., Advocate - For the Petitioner. None Appears - For the Opposite Parties. Civil Revision No. 5405 of 2004. Judgment Salma Masud Chowdhury J.- This Rule was issued calling upon the oppositeparties to show cause as to why the impugned Judgmentand decree dated 25-8-2004 passed by thelearned......Send down the lower Court records along with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 447; 13 MLR (HCD) (2008) 279. ...... suit land went to plaintiff Moti Miah and at the time of recent survey operation, plaintiff, being in physical possession, got the property recorded in his name in the BS Khatian and thereafter took loan from Bangladesh Krishi Bank, Nasirnagar Branch, by mortgaging the suit land and was paying taxe..Category: Property Law | Date: | Hits: 121
Nitai Kumar Mondol Vs. Judge, Artha Rin Adalat, and another, 2008, 37 CLC (HCD)
.... him into jail. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 446. ......the order dated 9-8-2006, sentenced the petitioner to suffer civil imprisonment for six months pursuant to the provisions of section 34(1) of the Ain 2003 to compel the Judgment debtor petitioner for payment of decretal amount. We failed to discover any illegality in the impugned order. Moreover, we...... him into jail. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 446. ..Category: Civil Law | Date: | Hits: 140
Syeda Sajeda Chowdhury Vs. State, 2010, 39 CLC (HCD)
.... decision of allotment of plot. Her only role was to apply for the plot. There is no involvement of the petitioner in the matter and there is no allegation of any personal gain or any mens rea on her part in this regard and as such there cannot be any charge of cheating inasmuch as she herself state......002 now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner only. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 441; 18 BLT (HCD) (2010) 249. ......002 now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner only. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 441; 18 BLT (HCD) (2010) 249. ..Category: Criminal Law | Date: | Hits: 137
Wahed Asgar Chowdhury Vs. Judge 2nd Artha Rin Adalat & others, 2010, 39 CLC (HCD)
....ng the outstanding loan. Thereafter, the respondent Nos. 3-12 being plaintiffs, jointly instituted Mortgage Suit No.6 of 1988 for realizing the outstanding loan. The said mortgage suit was decreed ex parte by the 2nd Commercial Court, Chittagong vide order No.66 dated 24-8-1991 and the formal prelim...... well settled that the limitation for filing an application for drawing up a final decree on the basis of preliminary decree is 3 years from the expiry of the date fixed in the preliminary decree for payment of the decreetal amount. In this case, in the preliminary decree in question (which has been......at final decree dated 23-6-1998 which is now pending in Artha Rin Adalat No.1 Chittagong. 2. The material facts necessary for disposal of this rule are as follows: Wahed Jute Mills Ltd. availed loan facility of Taka 48 Lakhs from the respondent Nos. 3-12 banks by way of bridge loan in the year..Category: Civil Law | Date: | Hits: 134
Abu Bakkar Siddique (Md.) and others Vs. Md. Abdur Rab Khandaker & others, 2010, 39 CLC (HCD)
.... the Opposite Party. Civil Revision No. 4555 of 1998. Judgment Mamnoon Rahman J.- In an application under section 115(1) of the Code of Civil Procedure, Rule was issued calling upon opposite parties to show cause as to why the judgment and decree dated 2-6-1998 passed by the Additional Dist......ubt. Any weakness of the defendant cannot be act as aid in favour of the plaintiff to prove his case. It further appears that the agreement as alleged was entered in the year 1990 and on several days payments were made but till 1993 the plaintiffs kept silent which also creates serious doubt in the ......ior Assistant Judge, in Other Suit No.48 of 1993 is hereby set aside. The suit is stand dismissed. Send down the LC record at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 326. ..Category: Property Law | Date: | Hits: 90
Kartic Das Gupta Vs. Election Commission and others, 2011, 40 CLC (HCD)
....s that the Commission has held the Paurashava election on 27-1-2011 on the basis of electoral roll prepared in the year 2007 whereas under section 7(4) of the Act No.6 of 2009 it was incumbent on the part of the Election Commission to publish final voter list after amendment or revision to that effe......observations and directions both the Rules are disposed of. The order of status quo granted earlier on 6-2-2011 is hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 313. ......observations and directions both the Rules are disposed of. The order of status quo granted earlier on 6-2-2011 is hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 313. ..Category: Election Law | Date: | Hits: 217
Abul Khair & another Vs. State, 2002, 31 CLC (HCD)
....he truth of the manner of occurrence to fish in troubled water after such long lapse of time compared with first occasion when P.Ws. were duly examined and cross examined when no such question on the particular point or fact was asked to P.Ws.2‑6. Learned Assistant Attorney-General accordingly con......he offence thereunder. Accused-appellant Imam Hossain Patwari be set at liberty, if not required in any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 437. ......he offence thereunder. Accused-appellant Imam Hossain Patwari be set at liberty, if not required in any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 437. ..Category: Criminal Law | Date: | Hits: 97
Hasina Khatoon and another Vs. Md. Samsur Rahman and others, 1997, 26 CLC (HCD)
....er dated 26‑4‑1988 passed by the learned Assistant Judge Keshabpore, Jessore in Miscellaneous Case No.11 of 1987 rejecting the petitioner’s application for amendment of the pleading by adding a party thereto. 2. The petitioners filed an application for pre‑emption under section 96 of the ......us (Pre‑emption) Case No.11 of 1987 as expeditiously as possible, preferably within 3 months, from the date of receipt of this order. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 187. ......us (Pre‑emption) Case No.11 of 1987 as expeditiously as possible, preferably within 3 months, from the date of receipt of this order. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 187. ..Category: Property Law | Date: | Hits: 94
Shamsul Huq Chowdhury Vs. Justice Md. Abdur Rouf & others, 1995, 24 CLC (HCD)
....le 147(3) of the Constitution which provides “no person appointed to or acting in any office to which this Article applies shall hold any office, post or position of profit or emolument or take any part whatsoever in the management or conduct of any company, association or body having profit or ga......ntial question of law as to the interpretation of the Constitution. The prayer is allowed and certificate prayed for is hereby granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 176.......llows: "the first thing to be noted in the clause is that in defining the term "Lease" the clause has not employed the word ‘means' but the word "includes", if the former word was used in defining "loan" instead of “includes” it would have been an exclusive definition, that is, nothing more co..Category: Constitutional Law | Date: | Hits: 353
.... the Petitioner.
Ozair Faruque, Advocate - For Opposite Party.
Civil Revision No.4438 of 1997.
Judgment
Mahmudul Amin Choudhury J.- This Rule was issued calling upon the plaintiff-opposite party No.1 to show cause why order dated 17-8-97 passed by the learned Subordinate Judge and Artha R...... Rin Adalat No.2, Dhaka is hereby directed to return the plaint to the filing Advocate for presentation before the appropriate Court.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 333.
......ed nature and only a financial institution or an organisation which has been given licence to act as financial institutions by the Bangladesh Bank can file a suit in the Adalat for realisation of any loan which is absent in the present case. It is submitted that the plaintiff is only a Co-operative ..
Category: Civil Law | Date: | Hits: 135
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