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Ahmad Ullah Vs. Md. Younus and Ors, 2016, 45 CLC (HCD)
....the caption of the section. So, it can be presumed that legislature contemplated various other reasons where the cheque is dishonoured." (underlining is our's) We are in respectful agreement with the view expressed in this case. (2) In 63 DLR (2011) 137: (Shah Alam Vs. State)...... Others…………………………Respondent Judgment February 29, 2016 Result: The Rule is discharged Questions of Facts to be decided by the Trial Court— Questions raised before this court by way of filing thi......e of issuance of the Rule shall stand vacated. Let a copy of the judgment be sent to the court concerned. Ed. This Case is also Reported in: 68 DLR (HCD) (2015) 228 ..Category: Banking Law | Date: 29 Feb, 2016 | Hits: 23
Hafizur Rahman Vs. Abdur Rahman Miah and Others, 2015, 44 CLC (HCD)
.... of 2007 in the Court of joint District Judge, 1st Court, Dhaka impleading the respondent No.1 as defendant No.1 and another on the averments that the defendant No.1, Abdur Rahim Miah entered into an agreement with the plaintiff to sell the property of Mouza-Baunia, PS Uttara, District Dhaka at a to......hellip;………..Defendant-Respondent Judgment December 15, 2015 Result: The appeal is allowed It is well settled that where in any contract, time is intended to be of the essence of the contract, it is not sufficient to find whether there was such intention ......istrict Judge, 1st Court, Dhaka impleading the respondent No.1 as defendant No.1 and another on the averments that the defendant No.1, Abdur Rahim Miah entered into an agreement with the plaintiff to sell the property of Mouza-Baunia, PS Uttara, District Dhaka at a total consideration of Taka 10, 00..Category: Contract Law | Date: 15 Dec, 2015 | Hits: 1
Hazi Abdul Late Vs. Abu Naseruddin and Others, 2015, 44 CLC (HCD)
.... The order of stay granted earlier by this court is hereby vacated. Send down the lower court records at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 171 ...... Acquisition and Tenancy Act on reversing those dated 31-5-2002 passed by the learned Senior Assistant Judge, 2nd Court, Narayangonj in Miscellaneous Case No. 33 of 1994. It is the case of the pre-emptor that the case land was transferred to the pre-emptee-petitioner on 20-4-1992 of which pre-emptor......-12-1993 and 20-2-1994 pre-emptee purchased 20 decimals of land and pre-emptor purchased 20 decimals of land on 8-9-1977 from opposite-party No.5 co-sharer with opposite party No.2 who also wanted to sell the suit-land, and the pre-emptee purchased the same within the knowledge of all. 3. Trial..Category: Procedural Law | Date: 10 Sep, 2015 | Hits: 1
Turfatur Ain Chowdhury Vs. Artha Rin Adalat Dhaka and Others, 2015, 44 CLC (HCD)
.... The Promissory Notes involved in the case at hand fulfill all the above four conditions and although it is agreed by the petitioner and respondent No. 8 that those are the Promissory Notes, their disagreement lies with regard to the liability of the payment because of the death of the maker of the ...... Constitution of Bangladesh, 1972; Article 102 Rule 10(2) The Court may at any stage of the proceedings, either upon or without any application of either party, and on such terms as may appear to the Court to be just, order that the name of any party improperly joined, whether as plaintiff or......ey from the assets and properties of the principal-debtor (the Company)—The Bank as per the deed executed between the deceased-mortgagor and the Bank, the latter is entitled to get its money by selling the same— The Adalat's first initiative should be to adjust the loan-money fr..Category: Constitutional Law, Procedural Law | Date: 25 Aug, 2015 | Hits: 4
Tufail K. Haider Vs. Extra Assistant Commissioner of Taxes and Others, 2015, 44 CLC (HCD)
....unlike previous assessment year, the petitioner, amongst other, had shown Taka 8 crore as liability having been received as an advance from a developer company pursuant to a joint venture development agreement for construction of apartment flats on his land. Subsequently, the Inspecting Joint Commis...... been misconceived by the tax authorities and, as such, the same has been regarded as capital gains without jurisdiction. Thus, this Court is of the view that, the entire exercise of powers by the customs authority, in so far as this 'signing money' or 'earnest money' is concerned, e......ompany allowing it to construct building on the land owner by the person under the agreement and gives the developer company 'Power of Attorney' to conduct all the affairs of construction and sell of the flats to the public at large and receives money from the developer company, it is nothin..Category: Fiscal/Taxation Law | Date: 24 Aug, 2015 | Hits: 2
.... they approached me. I accepted their invitation on condition that the Report would be entirely my work and no-one else would play any part in writing it or on preparing it for publication. That agreement has been honoured. I would hardly sacrifice my reputation for independence for the Ja......
Surendra Kumar Sinha CJ
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Hasan Foez Siddique J
Salauddin Qader Chowdhury.........................Appellant
Vs.
Chief Prosecutor, International Crimes Tribunal, Dhaka, Bangladesh........Respondent
Judgment
July 29, ......onviction and sentences in respect of charge Nos. 2, 3, 4, 5, 6, 8, 17 and 18 are hereby maintained.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 295
..
Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38
Shamsun Nahar Begum Shelly Vs. Bangladesh and Others, 2015, 44 CLC (HCD)
.... Mustafa died leaving son Abid Hossain, who was in possession of the disputed property. Subsequently he decided to dispose of the property in question and accordingly he executed a registered deed of agreement for sale being No. 22877 dated 12-12-1980 in favour of one Abdur Rob Biswas, the husband o......2 & 7 Abandoned Buildings (Supplementary Provision) Ordinance (LIV of 1985) Sections 2(b), 5(1) (b), 9 & 10 Abandoned Property The act of abandonment implies two fundamental factors: (i) Desertion of the property; and (ii) Giving up one's right to the property…......e of this Rule is stand vacated. Communicate a copy of this Judgment and Order to the Court of Settlement concerned at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 30 ..Category: Abandoned Properties Law | Date: 8 Jul, 2015 | Hits: 5
....of this Rule, in brief, is that, the predecessor-in-interest of the vendor of the petitioners, Syed Abdus Sattar was allotted a house at the Mirpur Coloney, popularly known as Mirpur 1st Coloney vide agreement dated 24.07.1953 (Annexure-A to the writ petition). Thereafter, Syed Abdus Sattar while wa......andoned property (Control, managemnt and Disposal) Order, 1972 (PO No.16 of 1972); Article 2(1)
Abandoned Buildings (supplementary provision) Ordinance, 1985, Section 5(1)(b)
Cases Referred to-
Government of Bangladesh and others Vs. Bibi Marium and other, 54 DLR (AD) 100; Bangladesh ......s to costs.
Send down the record of the Court of Settlement.
Communicate the judgment to respondent No. 1 at once.
Zinat Ara J.- I agree.
Ed.
This case is also Reported in:
..
Category: Abandoned Properties Law | Date: 27 May, 2015 | Hits: 35
Mahmudul Islam Vs. Anti-Corruption Commi¬ssion and others, 2015, 44 CLC (HCD)
.... copy of this judgment be forwarded to the Chairman, Anti-Corruption Commission forthwith. Communicate at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 361 ......ip;…...Petitioner Vs. Anti-Corruption Commission and others............Respondents Judgment May 18, 2015. Result: The Rule is disposed of. Case Referred to- AA Engineering Ltd. Vs. Khulna University, 66 DLR (AD) 19. Lawyers Involved: Mahm......ce. So, VDS is not a separate tax, rather it is the system or procedure to deduct tax at the source from where the money comes. There are provisions to deduct VAT at source. There are many people who sell goods and services where as per the provisions of law, VAT needs to be paid but actual..Category: Anti-Corruption Laws, Fiscal/Taxation Law | Date: 18 May, 2015 | Hits: 2
Hasina Ahmed Vs. State, 2015, 44 CLC (HCD)
.... of activities among different branches of the executive organ of the State, placed in charge of the defence and maintenance of internal security of the country." 21. We are respectfully in agreement with the decision mentioned above. Under the circumstances we also hold the view that......hellip;…………………………Opposite Parties Judgment April 20, 2015. Result: The Rule is discharged. Case Referred to- Mirza Vs. Government of the Peoples Republic of Bangladesh, 31 DLR (AD) 1; Basanta Chandra ......ry of Salauddin Ahmed whichever is earlier. In the light of the discussions made hereinbefore, the Rule is discharged. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 343 ..Category: Criminal Law, Procedural Law | Date: 20 Apr, 2015 | Hits: 2
Lutfor Rahman Mollah (Md.) and another Vs. M Safiul-Alam, 2015, 44 CLC (HCD)
....t No. 488 of 2010 in the court of learned Assistant Judge, 2nd Court, Dhaka for permanent injunction against the opposite party as defendant stating inter alia that the defendant entered into a lease agreement with the plaintiff-opposite parties on 31-1-2001 for letting out the la floor of House No....... Result: The Rule is discharged. In deciding the question of rejection of a plaint— Court while deciding application about rejection of plaint is not permitted in law to travel beyond the averments made in the plaint although if any certain fact is brought to the not......ourt stands vacated. Let a copy of this judgment be communicated to the Courts concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 317. ..Category: Civil Law, Procedural Law | Date: 13 Apr, 2015 | Hits: 10
Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)
....as inserted by the Transfer of Property (Amendment) Act, 1929. The earliest traces of the law of mortgage can be found in the Roman Law of mancipitio contracta fiducia, i.e. a sale with a contract or agreement for redemption; or in other words, it was an actual conveyance of property upon an agreeme......: The appeal is dismissed. Sections 95 and 95A are special laws promulgated for the protection of poor tenants, maliks or raiyats from the clutches of the moneyed men or ex-landlords for restoration of mortgaged property in a summary manner without the intervention of the Court and payment......tgages, of them, we are concerned with 'mortgage by conditional sale' within the meaning of section 58(c) of the Transfer of Property Act, which provides; "where the mortgagor ostensibly sells the mortgaged property— "On condition that on default of payment of the mortga..Category: Property Law | Date: 14 Mar, 2015 | Hits: 45
....ent whereby the power is vested to take such proceedings, for, in such cases, this requirement is to be implied into it as the minimum requirement of fairness.
16. We are in respectful agreement with the above principle, but like to add a rider that so far as exercise of power under s......nt
March 2, 2015.
Result:
The Rule is made absolute.
In the absence of any substantial and concrete materials on record it is difficult for a man of ordinary prudence to place his reliance, in this case on annexure-'3' so far as it relates to the petitioner. ......o. 8 cancelling the gun licence of the petitioner is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 20 BLC (HCD) (2015) 279
..
Category: Constitutional Law | Date: 2 Mar, 2015 | Hits: 23
Mosharaf Hossain (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)
.... The Adalat below is directed to proceed with the execution of the decree in accordance with law. Communicate this at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 199 ......) a separate status. The provisions under sub-section 6(kha) are such that they can be followed even not withstanding whatever contained in the entire section 33. This means, once the right to enjoyment and possession of the mortgaged property is conferred on the decree holder, i......ty is conferred on the decree holder, it will be at liberty to even immediately apply for conferment of title under sub-section (7). In which case, it will not be obligatory on it to try to sell the property through 2nd, 3rd or 4th auctions. To obtain that special status under sub-sec..Category: Administrative Law, Others | Date: 17 Feb, 2015 | Hits: 4
....nother sanction advice dated 10-8-2009 the said investment facility was enhanced to Taka 8,00,000 and against the said additional investment facility the plaintiff on 9-9-2009 executed a deed of agreement and deposited the same with the bank. The plaintiff's-son availed investment facility ......ndents
Judgment
December 11, 2014.
Result:
First Miscellaneous Appeal is disposed of.
Civil Rule No. 647(FM) of 2012 is accordingly disposed of.
Bank’s Legal Power to Deal with Mortgaged Property—
Bank must have the legal power to sell the mortgaged pro......eous Appeal is disposed of.
Civil Rule No. 647(FM) of 2012 is accordingly disposed of.
Bank’s Legal Power to Deal with Mortgaged Property—
Bank must have the legal power to sell the mortgaged property which is the condition precedent to take subsequent actions. ...... (30)..
Category: Constitutional Law, Contract Law | Date: 11 Dec, 2014 | Hits: 8
Ferdous Ara Zainul Vs. Mahmuda Khatun and others, 2014, 43 CLC (HCD)
....urt, Dhaka to add the former plaintiff No.1 (whose name was struck out from the category of plaintiff) as a defendant was lawful. 11. Evidently, the proposed defendant is a signatory to the agreement sealed between defendant Nos.1-4 (sellers) and the petitioner and the former plaintif.......................Petitioner Vs. Mahmuda Khatun and others..............Opposite Parties Judgment December 11, 2014. Result: The Rule is made absolute. Case Referred to- Salauddin Vs. MA Hai 63 DLR (AD) 138; Burmah Eastern Ltd Vs. Burmah Eastern employees Union......e name was struck out from the category of plaintiff) as a defendant was lawful. 11. Evidently, the proposed defendant is a signatory to the agreement sealed between defendant Nos.1-4 (sellers) and the petitioner and the former plaintiff No. 1 (buyers) and, therefore, he together with..Category: Civil Law, Procedural Law | Date: 11 Dec, 2014 | Hits: 19
....oreign loan burden which is an item of assessee’s balance sheet.
The Tribunal examined the records in the light of submission of the assessee and the Departmental Representative. We are in agreement with the submission of the A.D.R. that the foreign currency fluctuation loss on long term ......steps under section 161(2) of the Income Tax Ordinance, 1984.
Md. Habibul Gani, J: I agree.
This Case is also Reported in:
......nitial Recognition
20. A foreign currency transaction is a transaction is denominated or requires settlement in a foreign currency including transactions arising when an entity:
(a) Buys or sells goods or services whose price is denominated in a foreign currency;
(b) Borrows or lends ..
Category: Fiscal/Taxation Law | Date: 30 Nov, 2014 | Hits: 1
Youngone (CEPZ) Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....oreign loan burden which is an item of assessee’s balance sheet. The Tribunal examined the records in the light of submission of the assessee and the Departmental Representative. We are in agreement with the submission of the A.D.R. that the foreign currency fluctuation loss on long term ......y steps under section 161(2) of the Income Tax Ordinance, 1984. Md. Habibul Gani J: I agree. This Case is also Reported in: ......nitial Recognition 20. A foreign currency transaction is a transaction is denominated or requires settlement in a foreign currency including transactions arising when an entity: (a) Buys or sells goods or services whose price is denominated in a foreign currency; (b) Borrows or lends ..Category: Fiscal/Taxation Law | Date: 30 Nov, 2014 | Hits: 17
Molina Rani and others Vs. Gopal Goyala and another, 2014, 43 CLC (AD)
.... the defendant No.1 admitted the execution of the bainanama, which was produced and marked as exhibit 1, and also admitted the entry on the reverse of the said bainanama, he cannot now go back on his agreement on a flimsy excuse that he acted in good faith and did not verify the quantum of land......Court of Senior Assistant Judge, Sadar, Mymensingh, praying for specific performance of contract alleging, that her husband taking lease of the suit land from the admitted owner defendant No. 1, used to possess the same by installing Rice Mills, Flour Mills and Lathe Machine thereon. 3. Thereaf......lease of the suit land from the admitted owner defendant No. 1, used to possess the same by installing Rice Mills, Flour Mills and Lathe Machine thereon. 3. Thereafter, defendant No.1 decided to sell the said land and the plaintiff proposed to purchase the same at a consideration of Taka 4..Category: Civil Law, Evidence Law | Date: 20 Nov, 2014 | Hits: 6
Shawkat Hossain (Md.) and another Vs. Golam Mohammad and another, 2014, 43 CLC (HCD)
....orked as an employee under Railway Department since 1940 and retired in 1977 and during this period, he always signed his name in Bengali and that the so-called signatures in the alleged deed of agreement in English are not of the defendant No.1. 4. In the trial Court the plaintiff examine......Respondents Judgment September 20, 2014 Result: The appeal be allowed. When Court obtains expert's opinion Where other evidence produced before Court are sufficient to prove the genuineness of any disputed signature or document the Court may not insist for expert&#......Begum, the defendant No. 2 in lieu of dower money by registered deed dated 11-8-1987. The defendant No. 2 mutated her name in respect of the suit property. That the defendant No.1 never contracted to sell the suit property to the plaintiff, never took any earnest money from the plaintiff and never e..Category: Evidence Law, Property Law | Date: 20 Sep, 2014 | Hits: 10
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