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Ershad Ali (Md.) and another Vs. Rampada Das & others, 2004, 33 CLC (HCD)
....scharged with cost. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 593....... the Circle Officer (Rev) purportedly again allowed separation and amalgamation of 1.8425 acre of land in the name of said Sudhir Kumar Das. But, in the orders space meant for writing Khatian No. and amount of rent is found vacant. No other evidence is found on record to prove that said Khatian No. ......vice of any notice upon the co-sharers and behind their back. On 13-8-97 obtaining certified copy of the impugned sale deed she became sure about the transfer and deposited in Court the consideration money along with statutory compensation for pre-emption of the case land. 7. Appellants opposed t..Category: Property Law | Date: | Hits: 69
Nurul Haque Sarker Vs. Janata Bank and others, 2006, 35 CLC (HCD)
.... is set aside and the learned Joint District Judge, First Court; Narayanganj is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 589. ......titioner (hereinafter referred to as petitioner) instituted a Money Suit being Money Suit No. 2 of 2003 in the Court of the learned Additional Joint District Judge, Narayanganj, for recovery of money amounting to Taka 27,14,28,735.33 as compensation from the defendants-petitioners-opposite parties (......rty-petitioner (hereinafter referred to as petitioner) instituted a Money Suit being Money Suit No. 2 of 2003 in the Court of the learned Additional Joint District Judge, Narayanganj, for recovery of money amounting to Taka 27,14,28,735.33 as compensation from the defendants-petitioners-opposite par..Category: Civil Law | Date: | Hits: 92
Abdul Aziz (Md.) Vs. Sonia Pervin Liza (Minor), 2006, 35 CLC (HCD)
....f- opposite party within 3(three) months from the date failing which the same will be realized according to law. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 583. ...... 44. In the result, the Rule is disposed of with observations made hereinbefore. The plaintiff opposite party will get Taka 3,11,000 from the defendant-petitioner. The petitioner is directed to pay amount of Taka 3,11,000 to the plaintiff- opposite party within 3(three) months from the date failin......sted the suit by filing written statement saying, inter alia, that Feroza Afroz, the mother of the minor plaintiff, instituted Family Suit No. 11 of 1990 in the Family Court, Shaturia, claiming dower money and maintenance for her and also for her minor daughter, the present plaintiff; that on 18-5-1..Category: Family Law | Date: | Hits: 214
State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)
.....5" x chest cavity on chest 2" lateral of midline on the left side. 7) One incised wound 1" x 0.5" x 0.5" over the right areola. 8) Multiple scratches abrasions of different sizes and shapes on whole of the right breast. 9) One incised wound 0.5" x 0.33" x 0.5" on upper abdomen. 10) One ......hey became inimical to Shajneen and they along with their husbands and others made a conspiracy which resulted in the killing of Shajneen. The other defence of the condemned prisoner Hasan is that an amount of Taka 1,42,00,000 remained due from his employer PW 2 Latifur Rahman in connection with the......e condemned prisoner Hasan is that an amount of Taka 1,42,00,000 remained due from his employer PW 2 Latifur Rahman in connection with the renovation work of the PO house and to deprive Hasan of this money he has been falsely implicated in this case. On the other hand, defence of condemned-prisoner ..Category: Criminal Law | Date: | Hits: 70
Eskayef Bangladesh Ltd. Vs. Commissioner of Taxes, 2004, 33 CLC (HCD)
....er's books of accounts having certified that it reflects a clear picture of the state of affairs of the company, both the DCT and the Appellate Tribunal acted illegally in not accepting the same as a whole. Mr. Altaf Hossain lastly submits that the Appellate Tribunal committed error of law in not al......the DCT and the Appellate Tribunal acted illegally in not accepting the same as a whole. Mr. Altaf Hossain lastly submits that the Appellate Tribunal committed error of law in not allowing the entire amount of perquisites paid to the employees of the company, and, as such, the questions formulated i......ly, the questions in both the reference applications are answered in the affirmative and in favour of the Department. No order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 531. ..Category: Fiscal/Taxation Law | Date: | Hits: 88
Mofazzal Hossain alias Mofa and others Vs. State, 2004, 33 CLC (HCD)
....respective bail bonds. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 524. ......respective bail bonds. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 524. ......armed with daggers forcibly entered into his house and caught hold of him. The dacoits tied up his hands, neck and mouth and felled him down. The dacoits also assaulted him with iron rod and demanded money and gold, he recognized 4 dacoits by the light of hurricane and torch light of the accused tha..Category: Criminal Law | Date: | Hits: 52
Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)
....t wants to and then, write out the judgment in the light of our observations made hereinbefore. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 392. ......e the postal article was dropped in the GPO Box of third defendant and it subsequently reached respective branch of third defendant KEB on 5‑7‑1993. Out of five sets, balance two sets of document amounting to 70% of letter of credit value. Fourth defendant issued the bills of lading without rece......93 the plaintiff Gemini Garments Ltd, in brief, Gemini, instituted the suit against the appellant and others for a decree of declaration that first defendant, Pubali Bank Ltd. (PBL) shall not pay the moneys due under the letter of credit No. PBL/LO/ST/114/93 dated 9‑5‑1993 to said third defendan..Category: Business or Commercial Law | Date: | Hits: 289
AM Ziaul Hoque Vs. Government of the People's Republic of Bangladesh and others, 2004, 33 CLC (HCD)
.... this Court stands vacated. The application for vacating the order of stay is thus disposed of without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 389. ......ssly appointed in an officiating capacity and until further orders, Government can at any time terminate his officiating appointment and revert him to his original position, even if such revision may amount to a review of the earlier order. It may, perhaps, be improper for a Prime Minister to...... this Court stands vacated. The application for vacating the order of stay is thus disposed of without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 389. ..Category: Employment/Service Law | Date: | Hits: 66
Md. Turan Miah and others Vs. Anguri Bibi and others, 2010, 39 CLC (HCD)
....the above, we find no substance in the submissions of the learned Counsel for the appellants. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 100. ......the above, we find no substance in the submissions of the learned Counsel for the appellants. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 100. ......e alleged story of transfer of the suit land by defendant No.25 to Masaddar Ali, plaintiffs' predecessor cither by executing any document or by adducing any evidence as payment of any consideration money, delivery of possession, and more particularly when P.W.1 in his deposition stated that except..Category: Property Law | Date: | Hits: 74
....es of the petitioners in the report. The petitioners did not and they cannot show how their rights as creditors have been infringed by the respondents in publishing their names in the CIB report. The whole purpose of the petitioners is to take benefit under the garb of law not in compliance but in t......land Bank PLC, UK opened for and on behalf of letter of credit applicant EURO ROODS (UK) Limited, the petitioners bills of exchange were purchased by National Bank Limited, Agrabad Branch, Chittagong amounting to £ 2,11,449.20 as Foreign Documentary Bill purchase out of which GBP 87,800 was retaine......IB report. The whole purpose of the petitioners is to take benefit under the garb of law not in compliance but in total defiance and disregarding the law of the land and in the process not to pay any money to the bank. The respondent No. 3 has filed Money Suit No. 74 of 2002 in the Court of Artha Ri..
Category: Business or Commercial Law | Date: | Hits: 251
Abul Khair and others Vs. State, 2006, 35 CLC (HCD)
....he date of receipt of this judgment and order by the trial Court. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 500, 26 BLD (HCD) (2006) 467. ......vide cheque No. 050673 dated 2-7-1985, Taka 10,00,000 vide cheque No. 050674 and Taka 85,000 vide cheque No. 050658 dated 25-8-1985 without entering the same in the ledger book and misappropriated an amount of Taka 30,85,000 only. It is also alleged that the aforesaid cheques were not posted in the ...... "222. Particulars as to time, place and person.- (1)…………………………………….. (2) When the accused is charged with criminal breach of trust or dishonest misappropriation of money, it shall be sufficient to specify the gross sum in respect of which the offence is alleged to..Category: Criminal Law | Date: | Hits: 53
Shawkat Ali (Md.) and others Vs. Divisional Forest Officer and others, 2006, 35 CLC (HCD)
....s are not maintainable in view of the promulgation of Saw- Mills (Licence) Rules, 1998 in exercise of the powers conferred by section 41 of the Forest Act, 1927 which has been made applicable for the whole territory of Bangladesh. He then submits that section 41 of the Forest Act, 1927 as amended by......hat if the owner of a sawmill fails to comply with the provisions of the Forest Act or any Rules framed there under or any order passed by a competent authority under the said Act, his security money amounting to Taka 10,000 would be forfeited. The Sylhet Forest Transit Rules, 1951 have been promulg......ated that if the owner of a sawmill fails to comply with the provisions of the Forest Act or any Rules framed there under or any order passed by a competent authority under the said Act, his security money amounting to Taka 10,000 would be forfeited. The Sylhet Forest Transit Rules, 1951 have been p..Category: Environmental Law | Date: | Hits: 551
Ashique Jeans Apparels Ltd and another Vs. National Board of Revenue and another, 2005, 34 CLC (HCD)
....n relating to exemption must as far as possible be liberally construed and that also in favour of the assessee, provided in doing so no violation is being done of the language used. In construing the whole issue before us we thus hold that the scheme is very much for encouraging industrial undertaki......of electricity bill noted in the order sheet of the NBR. Upon perusing the electricity bill of September, 1999 to July 2001 the said Deputy Commissioner of Taxes opined that the chronological billing amount proves that the petitioner company started its commercial production with the help of the old...... section 46 is to encourage more new undertakings to be established. However, there will be no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 478, 26 BLD (HCD) (2006) 324. ..Category: Fiscal/Taxation Law | Date: | Hits: 93
Abdur Rahim Chowkider @ Abdur Rahman Sheikh Vs. Raji Haider and others, 2006, 35 CLC (HCD)
.... decree affirming those of trial Court decreeing the suit are hereby set aside and the suit is dismissed. Send down the record at once. Ed. This Case is also Reported in: 58 DLR (2006) 470. ...... decree affirming those of trial Court decreeing the suit are hereby set aside and the suit is dismissed. Send down the record at once. Ed. This Case is also Reported in: 58 DLR (2006) 470. ......got possession of said land. PW 6 Yusuf Ali tried to corroborate PW 1 on 'Benami' in his chief saying that in the deed dated 29-12-1972, Exhibit- 1(c) he was a witness and he saw Ishaque Ali paid money to Rebuti Ranjan in his presence. But, in cross, he said that he was a moharar of Advocate Aft..Category: Property Law | Date: | Hits: 79
....national treasure, which has been recognized internationally as an architectural masterpiece, has been desecrated by gradual encroachment and insensitive alterations to the composite structure of the whole site. He submitted that the lawns, plazas and greeneries are a source of respite for the city ......in the layout plans, viz. open space, park, school, lake, etc., which are meant for the benefit of the community, cannot be changed to the detriment of the local inhabitants, as such change would not amount to improvement. In those cases also the public authority (RAJUK) wanted to use its land, i.e....... Let a copy of this judgment be communicated to the respondents to take necessary steps in the light of our judgment, in accordance with law.
Ed.
This Case is also Reported in: 58 DLR (2006) 441...
Category: Environmental Law | Date: | Hits: 484
Nazrul Islam (Md.) and another Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ent that the petitioners can still vindicate their grievance through arbitration as contained in the contract. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 431.......essing and Refrigerated Storage Equipment under Expansion and Modernisation Project of Rural Development Academy, Bogra. The petitioner and other bidders submitted tender accompanied by earnest money amounting to Taka 2.50 lac as Bank Draft according to the condition given in the tender notice. Afte......sion and Modernisation of Demonstration Farm Project, Rural Development Academy, Bogra (respondent No. 4) canceling the work order dated 12-6-2004 issued to the petitioners and forfeiting the earnest money and bank guarantee contained in Annexure G in respect of supply and installation of Agricultur..Category: Business or Commercial Law | Date: | Hits: 186
Jamal Ahmed alias Jamal Vs. State, 2005, 34 CLC (HCD)
....nce and two of them were apprehended by the local people but prosecution was kept mum about the lady with whom the informant was forced to take photograph and absence of the lady from the scene makes whole prosecution a false story and for the interest of justice the appeal should have been admitted......the best way the Court would deem fit and proper within 2(two) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 419. ......im and took him inside the gate and then and there 5 persons pushed and drove him inside the room and shut the door. They demanded Taka 10(ten) lac and threatened to kill him if he failed to pay them money and one of them fired a shot and also gave a blow by the butt of the revolver on his head. The..Category: Criminal Law | Date: | Hits: 65
.... land of the petitioner with their own costs and responsibility within 3(three) months from the date of receipt of the copy of this judgment.
Ed.
This Case is also Reported in: 58 DLR (2006) 405.......tion (1) he shall, at the time of entering or as soon thereafter as may be practicable, pay or tender payment for all necessary damages to be done, and in case of dispute as to the sufficiency of the amount so paid or tendered refer the matter to the Deputy Commissioner whose decision shall be final...... land of the petitioner with their own costs and responsibility within 3(three) months from the date of receipt of the copy of this judgment.
Ed.
This Case is also Reported in: 58 DLR (2006) 405...
Category: Others | Date: | Hits: 146
Sheikh Mujibur Rahman @ Rajib Ullah Vs. State, 2004, 33 CLC (HCD)
....upon Mr. Md. Abdur Rashid Mia then Sessions Judge, now Jananirapatta Bignakari Aparadh Daman Tribunal, Barisal by guaranteed registered post. Ed. This Case is also Reported in: 58 DLR (2006) 393.......arge made by the Court. In this case the charge was framed on 5-2-2001 and PW 1 was examined on 10-7-2001 and his plea was accepted on 26-8-2001. "An informal admission as to guilt does certainly not amount to formal plea of guilty and such an admission has of course no binding effect as to a plea o......upon Mr. Md. Abdur Rashid Mia then Sessions Judge, now Jananirapatta Bignakari Aparadh Daman Tribunal, Barisal by guaranteed registered post. Ed. This Case is also Reported in: 58 DLR (2006) 393...Category: Criminal Law | Date: | Hits: 51
Firoz Hossain Shah (Md.) Vs. State, 2005, 34 CLC (HCD)
.... in the Court of Magistrate, First Class, Rangpur is quashed. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 58 DLR (2006) 361. ...... money involved in the petition of complaint the opposite party No.2, that is, Agrani Bank, Rangpur Cadet College branch, Rangpur by instituting Artha Rin Case No. 8 of 2002 got a decree for the said amount, as such, the instant proceeding if allowed to continue, that will perpetuate an injustice to......rt of Magistrate, First Class, Rangpur. 2. Mr. Osman Ghani, learned Advocate for the petitioner, submits that the allegations disclosed in the petition of complaint are of civil nature and for the money involved in the petition of complaint the opposite party No.2, that is, Agrani Bank, Rangpur C..Category: Criminal Law | Date: | Hits: 46
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