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Tanveerul Haque Vs. Unistar Shipping Limited and ors., 1999, 18 CLC (HCD)
....int of Money Suit No. 31 of 1995 of the Subordinate Judge 2nd Court, Chittagong is hereby rejected. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 215.......int of Money Suit No. 31 of 1995 of the Subordinate Judge 2nd Court, Chittagong is hereby rejected. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 215.......Both the companies suffered loss to the extent of Taka 62,70,802.00 and after adjustment of Taka 10,00,000.00 which was taken from the plaintiff No.2, by its Chairman Mr. Md. Iqbal, total liabilities amounted to Taka 52,70,802.00 and accordingly, the liabilities of the Group ‘B’ share-holders, w..Category: Company Law | Date: | Hits: 197
Kalandiar Kabir Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....ntral Jail, Dhaka is being held in custody without any lawful authority and he be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (2002) 258. ......ntral Jail, Dhaka is being held in custody without any lawful authority and he be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (2002) 258. ...... over the self same facts, a regular criminal case has been started with specific allegations under some sections of the Penal Code, the detention cannot be continued and this, according to him, will amount to two parallel prosecutions. Exactly on this question, there are three decisions of this cou..Category: Constitutional Law | Date: | Hits: 195
Nure Alam and others Vs. State, 2002, 31 CLC (HCD)
....oner, Tangail will take immediate step to secure his arrest to serve out the sentence. Send down the lower Court’s record immediately. Ed. This Case is also Reported in: 54 DLR (2002) 242. ......which those PWs have stated categorically. 54. Lastly, the learned Senior Counsel for the appellants submits that the accused persons are entitled to get benefit of doubt. But it is an established principle of law that benefit of doubt should be given to the defence but that doubt must be reasona......oner, Tangail will take immediate step to secure his arrest to serve out the sentence. Send down the lower Court’s record immediately. Ed. This Case is also Reported in: 54 DLR (2002) 242. ..Category: Criminal Law | Date: | Hits: 42
Parimal Chandra & others Vs. Shaheda Begum and others, 1999, 18 CLC (HCD)
....rdinate Judge, Barguna in Title Suit No.18 of 1987 decreeing the suit are maintained. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 206.......by limitation and it is bad for defect of parties. It has also been contended that the suit is barred under section 42 of the Specific Relief Act. It was further contended that the suit is hit by the principle of res judicata. It was contended that the summons of the case was duly served upon the de......rdinate Judge, Barguna in Title Suit No.18 of 1987 decreeing the suit are maintained. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 206...Category: Procedural Law | Date: | Hits: 81
Bashiruddin (Md) Vs. Bangladesh and others, 1999, 18 CLC (HCD)
....t of the petitioner is not a merited one. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 201.......ommittee and that having had made the order for leasing out the fishery afresh upon inviting bid through well circulated tender without hearing the petitioner and that thereby having had violated the principle of natural justice the said order of the Divisional Commissioner not being legal and that ......ed 28-9-1994 (at Annexure-D to the petition) having found petitioner’s bid higher than the other bid made in the schedule accepted petitioner’s bid; that thereupon petitioner deposited the entire amount of the bid money and that thereafter lease deed was executed in the name of the petitioner by..Category: Property Law | Date: | Hits: 33
Mahbubul Huq (Md) Vs. Md. A Kader Munshi & others, 1999, 18 CLC (HCD)
....e copy of this judgment and order. The office is hereby directed to send a copy of this judgment to the trial Court at the earliest. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 194.......e forged, collusive, ineffective, inoperative, non-existent, baseless and not binding upon the plaintiff, is not maintainable in this subsequent suit as it is barred by limitation as well as by their principle of res judicata under section 11 of the Code alleging the, that plaintiff-opposite-party h......e copy of this judgment and order. The office is hereby directed to send a copy of this judgment to the trial Court at the earliest. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 194...Category: Property Law | Date: | Hits: 64
Khorshed Alam (Md) Vs. Subordinate Judge and Artha Rin Adalat No. 1 and others, 2001, 30 CLC (HCD)
....date. Let a copy of this judgment be served upon Mr. Mahbubul Islam, the Judge-in-Charge (now Joint District Judge) for future guidance. Ed. This Case is also Reported in: 54 DLR (2002) 239. ......date. Let a copy of this judgment be served upon Mr. Mahbubul Islam, the Judge-in-Charge (now Joint District Judge) for future guidance. Ed. This Case is also Reported in: 54 DLR (2002) 239. ......,787.50 in Mortgage Suit No. 138 of 1991 against the Mobarak Re-rolling Mills and thereafter filed Mortgagee Execution Case No. 6 of 1997 in the aforesaid court. 3. For the realisation of decretal amount by sale of the mortgage properties auction sale notices were duly published and auction sale ..Category: Civil Law | Date: | Hits: 76
Abdus Salam Vs. Md. Munshi Rashed Kamal & another, 2002, 31 CLC (HCD)
....stay granted earlier by this Court is vacated. Let a copy of this judgment be sent to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 54 DLR (2002) 234. ......ut, in view of clause (a) of section 138 of the Negotiable Instruments Act of 1881 the argument made by the learned Advocate appearing for the complainant-opposite party is not in consonance with the principles enunciated in the clause (a) of section 138 of the Act. Furthermore, the complainant-oppo......ly from the complainant opposite party on 25-10-1999 for three months only. This transaction was made in the office of the opposite party No.1. But the accused petitioner did not return the said loan amount within the time despite repeated reminders made by the complainant-opposite party. Subsequent..Category: Criminal Law | Date: | Hits: 62
Elders Ltd. Vs. Sunil Chandra Chowdhury & another, 2002, 31 CLC (HCD)
.... sentence him to pay fine of Taka 2,000 (two thousand) only and in default to suffer simple imprisonment for a period of 15 (fifteen) days. Ed. This Case is also Reported in: 54 DLR (2002) 227. ...... sentence him to pay fine of Taka 2,000 (two thousand) only and in default to suffer simple imprisonment for a period of 15 (fifteen) days. Ed. This Case is also Reported in: 54 DLR (2002) 227. ......dated 16-9-2001 passed by the contemner has obliterated the Trade Mark Application No. 1 of 2001 and many other cases pending between the petitioner and the said company and effect of this order that amounts to contempt of Court inasmuch as it obstructed the course of justice. In support of his cont..Category: Intellectual Property Law | Date: | Hits: 181
Santi Bhusan Deb Vs. Principal Officer, Samabaya Bank Ltd., 2001, 30 CLC (HCD)
....e affirmed. The order of stay granted by this Court stands vacated. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 224. ......e affirmed. The order of stay granted by this Court stands vacated. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 224. ......nt bank under a deed of agreement. He then deposited Taka 12000 as an advance in terms of the agreement on condition that Taka 62.50 i.e. 50% will be adjusted as rent from the advance and the balance amount of Taka 6000 will remain as deposit and rent of each month will be paid within 7 days of the ..Category: Property Law | Date: | Hits: 34
Pubali Bank Vs. Kalaroa Ice and Cold Storage Ltd. Kalaroa, Satkhira and others, 2000, 29 CLC (HCD)
....ed and the learned Subordinate Judge is directed to dispose of the aforesaid money execution cases in terms of the observation as made above. Ed. This Case is also Reported in: 54 DLR (2002) 217.......ed and the learned Subordinate Judge is directed to dispose of the aforesaid money execution cases in terms of the observation as made above. Ed. This Case is also Reported in: 54 DLR (2002) 217.......7 for Taka 35,000 subsequently, the petitioner having failed to trace out any other properties for the opposite parties filed Money Execution Case No.12 of 1990 praying for realisation of the balance amount of Taka 786267.86 along with cost of Taka 1458950 by way of civil imprisonment of the opposit..Category: Civil Law | Date: | Hits: 82
Jiban Bima Corporation represented by its MD Vs. Md. Mohibul Majid and another, 1999, 28 CLC (HCD)
.... within 3 months from the date of receipt of the order. Communicate the order to the leaned Assistant Judge, 4th Court, Dhaka at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 186. ......ot punish anybody without being satisfied on the basis of materials before him, that the judgment-debtor has willfully disobeyed or violated injunction. Such a course is also grossly violative of the principle of natural justice. Prudence, equity and good conscience revolt against such a preposterou...... within 3 months from the date of receipt of the order. Communicate the order to the leaned Assistant Judge, 4th Court, Dhaka at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 186. ..Category: Procedural Law | Date: | Hits: 79
Idris alias Jamai Idris Vs. State, 2000, 29 CLC (HCD)
....n also cannot be a ground for quashing the proceedings against the present petitioner. The application is, thus, summarily rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 184.......ection shall be deemed to preclude further investigation in respect of an offence after a report of sub-section (1) had been forwarded to the Magistrate”. 7. In this regard, we have followed the principle laid down in 48 DLR 158 in the case of Rahamatullah Vs. State. It was decided in this case......n also cannot be a ground for quashing the proceedings against the present petitioner. The application is, thus, summarily rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 184...Category: Procedural Law | Date: | Hits: 65
State Vs. Moslem, 2002, 31 CLC (HCD)
....upon condemned prisoner is maintained and Death Sentence imposed upon him is confirmed. Sentence shall be executed ill accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 116. ......upon condemned prisoner is maintained and Death Sentence imposed upon him is confirmed. Sentence shall be executed ill accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 116. ......ation. This contention had been countered from the side of State that no discrepancy, not to speak of contradictions, occurred in the testimony of Informant PW 1 and PW 2. 41. Discrepancies do not amount to contradictions. Discrepancies have to be distinguished from contradictions. Contradiction ..Category: Criminal Law | Date: | Hits: 82
....in favour of the applicant.
Accordingly this reference is answered in the negative and the parties are left to bear their own costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 170.......iving any opportunity to the assessee applicant to controvert the same.
6. We have perused the decisions referred to and relied on by the learned Advocate for the applicant and it appears that the principles laid down in those two decisions are attracted in the facts and circumstances of the inst...... certain expenses in the profit and loss account and added them to the profit disclosed. The Deputy Commissioner of Taxes disallowed Taka 2,04,750.00 in the Survey Work Account. Further disallowed an amount of Taka 4,93,930.00 in the Special Consultancy Survey Account and finally disallowed another ..
Category: Fiscal/Taxation Law | Date: | Hits: 65
....
The power filed by Mrs. Sufia Khatun, the learned Assistant Attorney-General, on behalf of the respondent, be kept with the record.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 168.......ubmits that, the petitioner was also not given any show cause notice prior to issuing the impugned notifications purported to curtailment of his area already covered by his licence, which offends the principle of natural justice.
7. The learned Advocate Mr. Abdul Baset Majumder appearing for movi......
The power filed by Mrs. Sufia Khatun, the learned Assistant Attorney-General, on behalf of the respondent, be kept with the record.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 168...
Category: Employment/Service Law | Date: | Hits: 76
Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)
....oration in Reference Application Nos. 27/92, 28/92, 29/92, 30/92, 31/92, 32/92, 34/92, 35/92 and 36/92. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 202....... enlarging the meaning of the word, by also clothing it with the connotation given to it in the interpretation clause in addition to the sense which it conveys in common parlance. This is an accepted principle of interpretation and needs no authority to support it and if one be needed the discussion...... 1922 and a local authority has also been included as person in this section and section 3 of the Act charges to tax the total income of every person and total income as per section 2(15) means total amount of income profits or gains referred to in sub-section (I) of section (4) and sub-section (I) ..Category: Fiscal/Taxation Law | Date: | Hits: 94
Muslim (Md) Vs. Abdul Motaleb and others, 2001, 30 CLC (HCD)
....ored. The order of status quo in respect of the possession granted earlier by this Court is vacated. Send down the lower Court records. Ed. This Case is also Reported in: 54 DLR (2002) 196....... their Lordships observed: “It is beyond the pale of controversy that a suit must be tried in all its stages on the cause of action that had arisen before the institution of the suit. This basic principle cannot be ignored in the decision of the question whether a suit should be decreed or not.......ut where co-owners, by arrangement, either tacit or express, take up exclusive possession and enjoy of different parcels of the joint property, without such division or severance of interest as would amount to partition the Court will not interfere with the arrangement at the instance of one owner d..Category: Property Law | Date: | Hits: 33
Hossain Vs. Customs, Excise and VAT Appellate Tribunal and others, 2001, 30 CLC (HCD)
....racted finishing agent according to the letter of credit or to have the country’s hard-earned foreign currency refunded to the appellant. Ed. This Case is also Reported in: 54 DLR (2002) 193. ......racted finishing agent according to the letter of credit or to have the country’s hard-earned foreign currency refunded to the appellant. Ed. This Case is also Reported in: 54 DLR (2002) 193. ......Hossain, Proprietor of the National Bag Traders opened a letter of credit No. MYB/PB/ Cash/214/ 2000 dated 6-8-2000 through Mutual Trust Bank Ltd. having its principal branch at 7-8, Motijheel for an amount of US $ 45,936 for import of finishing agent from Korea. The appellant received invoice dated..Category: Fiscal/Taxation Law | Date: | Hits: 70
Mahmudul Huq Vs. Mostafa Kamal and others, 2010, 39 CLC (AD)
....ter public interest must prevail upon individual interests. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 431.......ter public interest must prevail upon individual interests. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 431.......6.09.2001. Subsequently first corrigendum to the said tender notice was published on 24.09.2001 in the aforesaid Daily amending the provisions concerning earnest money at the rate of 5% of the quoted amount instead of fixed amount of Tk.27.00 lacs. Pursuant to the said tender notice the petitioner p..Category: Others | Date: | Hits: 81
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