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Amir Hossain Vs. Md. Amir Ali and another, 2003, 32 CLC (AD)

.... within 4 months having been given a gobye by the subsequent conduct of the parties, the High Court Division erred in holding that the petitioner committed breach of contract in failing to pay up the balance consideration money by 25.2.85 and such error led to an erroneous decision occasioning failu......tered through the Court. In case of default by the appellant to pay the above amount as directed, the appeals shall stand dismissed. Ed. This Case is also Reported in: II ADC (2005) 38. ..

Category: Contract Law | Date: 20 Oct, 2003 | Hits: 256

Abul Kashem Khan Vs. State, 2003, 32 CLC (HCD)

....rvations made in the body of this judgment. Communicate the order to the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 431. ......ance with law. 6. We have given our anxious consideration to the submissions made by the learned Advocate for the petitioner. We have also perused the materials on record including the FIR, charge sheet, narajee petition, the statements of the witnesses examined by the learned Tribunal in support..

Category: Women and Children | Date: 27 Aug, 2003 | Hits: 157

General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)

....se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. .......T. in Land Acquisition Case No.3 of 1963-64 acquired 14.2118 acres equivalent to 43 Bighas of Property from full of C.S. Plot Nos.253, 254, 255, 256, 258, 259, 260 and part of C.S. Plot No.235 under sheet No.76 and full of C.S. Plot Nos.10,11,12, 13 and 14 under sheet No.78 of Mouza Shahar Dhaka, P..

Category: Property Law | Date: 23 Aug, 2003 | Hits: 35

DU rep. by its VC Vs. Associated Engineering & Drillers, 2004, 33 CLC (AD)

....sts. The respondents are entitled to realise an amount of Taka 30,35,312 for which the execution case can proceed if the appellant fails to deposit the amount within 15 days from the date. Ed. ...... interest and in order to ascertain the amount of interest the calculation is involved in the execution case which calculation could be brought on record of the execution case by way of calculation sheet and accordingly, without going into the complicated question of amendment of execution case a..

Category: Civil Law | Date: 20 Aug, 2003 | Hits: 291

Debendra Kumar Saha & another Vs. Uttara Bank Ltd, 2003, 32 CLC (HCD)

....no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ......eed one year may be made by an unregistered instrument. Even if a lease is created for a longer period by an unregistered instrument it will be valid only for one year." 15. I find that the sheet anchor of the defendants in support of their case that they are yearly tenant is Exhibit "..

Category: Tenancy Law | Date: 12 Aug, 2003 | Hits: 3

Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)

..... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ......ellant for admission of additional evidence showing payment of electricity bill and the WASA bills and the respondent also filed another application for accepting additional evidence filing the order sheet of Miscellanies Appeal No.31 of 2003 showing that the rent deposit case ended in dismissal and..

Category: Tenancy Law | Date: 4 Aug, 2003 | Hits: 171

Hossain Shially (Fakir) Vs. State, 2003, 32 CLC (HCD)

.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 637. ......nder section 164 of the Code of Criminal Procedure as well as before the medical officer for holding medical test to ascertain the allegation of rape, seized alamats and finally, submitted a charge-­sheet against the accused appellant and three others, since prima facie case was made out against th..

Category: Women and Children | Date: 19 Jul, 2003 | Hits: 162

Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)

.... awardee of compensation money and the petitioner has not yet been paid the entire amount of the award and there­fore it was submitted that a direction may be given upon the respondent to pay the balance amount of the compensation as early as possi­ble according to the present market value a......in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in:  26 BLD (HCD) (2007) 515. ..

Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13

Begum Lutfunnessa Vs. Md. Shafiullah and others, 2003, 32 CLC (AD)

.... the contract and, as such, there is no breach of contract by the defendant No. 1, who has been restrained from dealing with the property by an order of injunction, that plaintiffs never tendered the balance part of the consideration money, nor requested the defendant No. 1 upon offering the balance......of Subordinate Judge, Commercial Court No. 2, Dhaka. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 102. ..

Category: Civil Law | Date: 18 May, 2003 | Hits: 202

Abdul Jalil Sarder Vs. State, 2003, 32 CLC (AD)

....at since 3rd Master roll submitted by the appellant was withheld by the prosecution and as such as it could not be established by the prosecu­tion that utilization of wheat of 3rd installment and balance quantity of the other two installments was not shown in the 3rd Master roll filed with the p...... of Act II of 1947 is set aside and he is acquitted of the charges leveled against him. The appellant is discharged from his bail bond. Ed. This Case is also Reported in: 1 ADC (2004) 9. ..

Category: Anti-Corruption Laws | Date: 12 Apr, 2003 | Hits: 158

Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)

....clude approximately Taka 23, lac of freight that were of the company returned from Chittagong Branch and which had been deposited in the company's Bank Account. Further Taka 8 lac were shown on the balance sheet as expenditure without jurisdiction. Further, other expenditures were grossly exagge......proximately Taka 23, lac of freight that were of the company returned from Chittagong Branch and which had been deposited in the company's Bank Account. Further Taka 8 lac were shown on the balance sheet as expenditure without jurisdiction. Further, other expenditures were grossly exaggerated on..

Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273

Secretary, Ministry of Education, Government of People's Republic of Bangladesh and others Vs. North Point University, 2003, 32 CLC (AD)

....se of action, if any, had matured. In view of the above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 94; 1 ADC (2004) 497. ......ding proceeding be affected by an amendment of the law. In Sarder and others vs. State AIR 1961 Calcutta 181 an FIR was lodged on 17 December, 1957 alleging abduction against the accused and charge‑sheet was submitted on 24 April, 1958. What happened in that case was that the investigation was sta..

Category: Others | Date: 8 Feb, 2003 | Hits: 112

Abul Hossain (Md) Vs. State, 2003, 32 CLC (AD).

....urt Division 'Further enquiry" is directed to be held. Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 125.  ......   3. The Upazila Revenue officer, having found from an information slip that the said decree was spurious and forged, rejected the said mutation case and forwarded the order sheets of the said mutation case to the Additional Deputy Commissioner (Revenue) Satkhira on 26̴..

Category: Property Law | Date: 4 Feb, 2003 | Hits: 80

Nasima Akhter Vs. Md. Siraj Miah and other, 2003, 32 CLC (AD)

....ma upon receiving Taka 5,000 and banded over possession of the suit property to the plaintiff. In the Bainanama a condition was stipulated to the effect that the defendant No. 1 upon receiving the balance consideration money will execute and register the sale deed within 2(two) months from the da......fers from no illegality and/or infirmity and we are not inclined to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 38. ..

Category: Property Law | Date: 4 Feb, 2003 | Hits: 147

Md. Ashequr Rahman Vs. Bangladesh Agricultural Research Institute, 2003, 32 CLC (AD)

....uded within 180 days as per Regulation 43(8) of the Regulations. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 1. ...... of the proceeding as provides in Regulation 43(8) of the Regulations. 9. On reading the provision of Regulation 43(8) of the regulations we are of the opinion that day on which show cause charge sheet was communicated to a delinquent employee of an organization, herein the appellant, the said d..

Category: Employment/Service Law | Date: 2 Feb, 2003 | Hits: 92

Islami Bank Bangladesh Ltd. Vs. Sub-Judge and Additional Artha Rin Adalat & others, 2003, 32 CLC (AD

.... order in a suit filed by the pawnee directing him to sell the pawned goods and ……upon adjustment of the sale proceeds, if any amount remains due then to proceed with the suit for the balance amount………………(12)     ...... allowed.   There is no order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 121.  ..

Category: Business or Commercial Law | Date: 28 Jan, 2003 | Hits: 112

Anowar Steel Mills Ltd. Vs. Secretary, Ministry of Finance, Internal Resou­rces Division, Government of Bangladesh and others, 2003, 32 CLC (AD)

.... date of manufacture of these CI sheets there was no provision for imposing any excise duty or value added tax on CI sheets. The petitioner, however, took delivery of 48.266 tons of CI sheets and the balance 562.917 tong Yen‑rained in the godown. The Superintendent of Customs by a letter dated 21â...... Anwar Steel Mills Limited, filed the writ petition under Article 102 of the Constitution of Bangladesh impugning order dated 4‑8‑1993 imposing value added tax on the manufactured corrugated iron sheets, shortly CI sheets, by the respondent No. 4, the Assistant Collector of Customs, Excise and V..

Category: Fiscal/Taxation Law | Date: 26 Jan, 2003 | Hits: 114

Govt. of BD, rep. by the Sec., Min. of Defence & ors. Vs. Md. Afzal Hossain Ansari, 2003, 32 CLC (AD

....peal.   Accordingly, the appeal is dismissed.   Ed.  This Case is also Reported in:  55 DLR (AD) (2003) 65.  ......rything was done through the committee. So, the applicant could not be said to have had any direct involvement or responsibility in connection with the purchase. On a plain reading of the charge­ sheet it appears that the only definite and effective charge against the applicant is that he did no..

Category: Administrative Law | Date: 8 Jan, 2003 | Hits: 122

Pannu Mollah & anr. Vs. State, 2004, 33 CLC (AD)

....ssed in Special Tribunal Case No. 100 of 1996 is quashed insofar as the same relates to the appellants. The appellants are set at liberty if not wanted in any other connection. Ed. ......ith 2 arms and cartridges and the accused persons disclosed to the police the names of other companions who are the appellants.  3. Police investigated the case and submitted charge‑sheet against the appellant along with others under section 19(a) and (f) of the Arms Act. The case ..

Category: Criminal Law | Date: 3 Jan, 2003 | Hits: 84

Captain (Rtd.) Nurul Huda Vs. State, 2003, 32 CLC (AD).

....tion is expected to proceed with its case with all dispatch eliminating every unavoidable delay in order to bring it close and thus to determine the fate of the accused persons which hangs in the balance as long as the prosecution does not terminate one way or the other. The prosecution cannot......i, Potka and others and all of them died on the spot. The informant and others also sustained bullet injuries. This appellant and others were recognized at the time of occurrence. Ultimately charge sheet was submitted against the accused persons including this appellant Captain (Retd) Nurul Huda...

Category: Criminal Law | Date: 1 Dec, 2002 | Hits: 123