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Kadam Rosul Silicate Works and others Vs. Sonali Bank, 1990, 19 CLC (AD)
....djudged pendente lite, in addition to any interest adjudged on such principal sum for any period prior to the institution of the suit, with further interest from the date of the decree to the date of payment, or to such earlier date as the Court thinks fit. Sub-section (2) provides that where such a......is set aside. The Money ExecuÂtion case be struck off and the attachment of the apÂpellants' property shall be deemed to be withdrawn. Ed. This case is also reported in: 42 DLR (AD) (1990) 294...Category: Banking Law | Date: | Hits: 134
Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
....em Court fee to seek possession of the entire suit land. (0.5 acre) within 15 days failing which his suit "would stand dismissed". In compliance with this advice of the court he amended the plaint on payment of the necessary Court fee, and consequentÂly, the suit was decreed finally on 30.12.82. ......ts and decrees of the High Court DiviÂsion are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ..Category: Property Law | Date: | Hits: 38
Collector of Customs, Chittagong & anr Vs. M.M Shafullah and ors., 1978, 7 CLC (AD)
....iefly, if any untrue statement made in any declaration, notice certificate or other document lodged with the Customs authority. The section further provides (hat where there has been any under payment or erroneous refund of duty, the Customs Authority within a period of three years from the......he language of S. 167(9B) of the Act. For these reasons this appeal fails and it is dismissed, but having regard to the circumstance of the case, we make no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 92
Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)
.... on misconception of documentary evidence as well as non consideration of material evidence. 7. Leave was granted to consider the contention that plaintiffs having not been able to show any payment of rent in respect of the land in suit the High Court Division was in error in reversi......sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 52
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....spondent No.1 and the respondent No. 1 is directed to execute and register a sale deed in favour of the appellant and respondent No. 2 within 60 days and in default of the appellant in making the payment as directed above this appeal shall stand dismissed. There shall be no order as to costs......iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ..Category: Property Law | Date: | Hits: 94
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....Ummat Johara and others and the said landlords settled the land in suit with Bipin Chandra in 1350 BS by granting Dakhila, that said settlement holder Bipin Chandra possessed the land in suit upon payment of rent to the exlandlords, that RS record was prepared in the name of Bipin Chandra, that ......n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ..Category: Property Law | Date: | Hits: 35
Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)
....es, in the land Acquisition Case No. 41/64-65 of the Dacca Collectorate, that compensation for the said lands had been paid in part and the acquiring authority was entitled to possession thereof on payment of the compensation according to law, that in 1967 the Board of Revenue is......rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 36
Baitul Mukarram Vs. Taxation Officer and another, 1978, 7 CLC (AD)
....ade from the appellant for the shops and offices let out and the appellant challenged the legality of the demand by filing a Writ petition in the then Dacca High Court claiming exemption from payment of Tax under section 6(a) of the said Act. The learned Judges of the High Court dismis......g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 90
Solicitor repreÂsented by State, Govt of of Bangladesh Vs. Anisuzzaman Chy & or, 2006, 35 CLC (AD)
....that the said accused-persons in collusion with each other having created a forged Bond Licence imported 48 Metric Tons of poly propylene value amounting to Tk. 21,00,000/- and deceived payment of Tax to the authority by forging signature of the commissioner; that by submitting t...... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 88
Forest Ranger, Bhaluka Range Office, M.singh & ors Vs. Hamid & sons Ltd. & ors , 2005, 34 CLC (AD)
....uit property belonged to Abdul Wahed Mridha in Rayoti Jote right and he possessed the same as such and the property was accordingly recorded in ROR and that he was in possession of the property on payment of rent and that on 12.11.1989 portion of the suit property was sold by him in favour of pl...... The petitioners are also permitted to prepare paper book out of court in accordance with rules. Stay granted earlier be further extended till disposal of the appeal. Ed. ..Category: Property Law | Date: | Hits: 41
Abdul Majid alias Mujibur Rahman Molla Vs. Md. Abdul Matin and others, 2006, 35 CLC (AD)
....ed Rule. The High Court Division on consideration of the evidence on record held that the transaction made by Ext.1 (the Exchange deed) was a colourable transaction as there is specific evidence of payment of consideration money of Tk. 50,0007- and as such the deed in question (Ext.10 is not an ...... view expressed by us about the ground taken in the course of hearing we do not find any merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 38
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....he attorney and at that stage instead of passing such order, order of rejecting the plaint is misconceived………………….(18 & 20) Error in the appointment of attorney and also error on payment of stamp duty and penalty and validation under section 35, detected later on is a curable de......y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ..Category: Property Law | Date: | Hits: 118
Syed Ali Mir and another Vs. Syed Omar Ali and another, 1990, 19 CLC (AD)
....1 and 4 used to deal in jute at Bhatiapara and Moisharghope within Faridpur District, that the accused-appellants purchased jute from MoisharÂghope Bandar from 27th Aswin to 29th Chaitra, 1386 BS on payment of money occasionally, that on accounting at the end of the year Tk. 83,700/- was found due ......rÂghope Bandar from 27th Aswin to 29th Chaitra, 1386 BS on payment of money occasionally, that on accounting at the end of the year Tk. 83,700/- was found due and the accused-appellants issued three cheques in favour of the respondent and his partner, witness No.4, that as there was not sufficient ..Category: Criminal Law | Date: | Hits: 59
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....disappearance of MA Naser the plaintiffs were put to financial hardship and as such a number of instalments due to the House Building FiÂnance Corporation fell due. Defendant No.1 pressed hard for repayment of the loan money whereupon plaintiff No.1 requested the said defendant to allow, sufficient......gment and decree as they are. In view of the discussion above, both the apÂpeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ..Category: Property Law | Date: | Hits: 95
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
....W 2 and the appellant defendant No. 1 offered to sell the suit land to the apÂpellant who accepted the said offer. At the same sitÂting the price was fixed at Tk. 2,50,000/-. The apÂpellant made a payment of Tk. 10,000/- in cash by way of earnest money. Defendant No. 1, by way of accepting the sa......yakarak of defendant No.1 is borne out by Exts. 2 and 7 series showing payment of municipal taxes, etc. by defendant No.2 in respect of the suit properties and also Ext. 3 series showing issuance of cheques by defendant No.2 for payment of the same, on behalf of defendant No.1. PW 3 also corroborat..Category: Property Law | Date: | Hits: 50
Md. Yousuf & others Vs. Administrator of Waqf and others, 2005, 34 CLC (AD)
.... by the Mutawalli, that the writ-petitioners are not the tenants of the Waqf Estate but they are trespassers in the Waqf property, that although they were tenants but they having had defaulted in the payment of rent regularly, are no longer the tenants of the Waqf Estate, that the cases have been fi......ckground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 50. ..Category: Trust/Waqf Law | Date: | Hits: 228
Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
....er loan document on 15th Ashar 1339 B.S. for a loan of Tk. 140/-.Their further case is that as the aforesaid persons failed to repay the loan money, they gave the land to Tayebuddin Biswas in total repayment of the loan money and executed a receipt in favour of Tayebuddin on 5th Ashar 1344 B.S. and ......n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 26
New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)
....ntire amount of the loan would be repaid in 21 half-yearly instalments of which 20 instalments are to be of Tk. 1,10,000/-each and the last instalment to cover the entire balÂance due and that the repayment of loan money would commence from 30.9.82. The petitioner paid the first and second instalme......imed by the Bank is not disputed by the petitionÂer, we do not find any merit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ..Category: Banking Law | Date: | Hits: 117
Fairtech Limited & ors. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (AD)
....81. The vessels arrived in Bangladesh and started operating from 1980-81. It appears that the petitioners paid the Bank a total amount of Tk. 72,10,349 but then there were defaults made in making the payment. On 10.11.87 the Bank issued notice to the petitioners under ArtiÂcle 34 of the Bangladesh ......vessels and sell them on 5.12.87. The petiÂtioners sent a reply to the said notice which was found to be unsatisfactory by the Bank. The petitionÂers offered an amount of Tk.85 lakh by a post dated cheque and asked for final adjustments. 3. On 8.1.88, the Bank issued sale notice as provided in ..Category: Banking Law | Date: | Hits: 94
Messers Hai Iron and Re-Roiling Mills Limited Vs. Bangladesh Commerce Bank Ltd., 2006, 35 CLC (AD)
....ame guarantor for the loan and the defendants also executed several documents and the defendants having failed to repay the loan notices were issued to the defendants on 1.3.1992 claiming payment of Tk. 21,39,049.00 which was then overdue; as per decision of Bangladesh Bank, by Public N......licable in the present case arrived at a correct decision which does not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. ..Category: Banking Law | Date: | Hits: 101
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