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Abul Hasnat Nurul Kabir Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
...., who had a deal with the said company to have financial accommodation under a contact dated 8.11.2004 for an amount of Tk. 10,00,000/- repayable within six months. Towards the repayment of his three installments, cheques were handed over to the company well in advance. The petitioner did not r...... not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 275. ......2005, 10.10.2005, 23.10.2005 and 25.10.2005. The petitioner by profession is a businessman, who had a deal with the said company to have financial accommodation under a contact dated 8.11.2004 for an amount of Tk. 10,00,000/- repayable within six months. Towards the repayment of his three installmen..Category: Criminal Law, Procedural Law | Date: 12 Mar, 2008 | Hits: 5
Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2008, 37 CLC (HCD)
....Court at the time of issuance of rule is hereby vacated. The lower Courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 300. ......y of khas possession as consequential relief as such the decisions cited by the learned lawyer of the petitioner is not applicable in the instant suit. Thereafter he submits that by now it is settled principle of law that the finding of the lower appellate Court should not be disturbed by the High C......Court at the time of issuance of rule is hereby vacated. The lower Courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 300. ..Category: Property Law | Date: 5 Mar, 2008 | Hits: 28
Mrs. Rehan Parvin @ Shohely Parvin Vs. State and another, 2008, 37 CLC (AD)
....n view the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013)11.......n view the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013)11.......by the accused petitioner, during continuation of the marriage, for maintaining the family but there is allegation that the accused petitioner after breaking the mutual trust misappropriated the huge amount given to her by the complainant, the question of exhausting the money for maintaining the fam..Category: Procedural Law | Date: 19 Feb, 2008 | Hits: 6
Commissioner of Taxes Vs. Oriental Real Estate Ltd, 2008, 37 CLC (HCD)
.... and against the assessee with cost. The cost is assessed Taka 15,000 for each reference. Communicate at once. Ed. This Case is also Reported in: 60 DLR (HCD) (2008) 506. ...... and against the assessee with cost. The cost is assessed Taka 15,000 for each reference. Communicate at once. Ed. This Case is also Reported in: 60 DLR (HCD) (2008) 506. ......aragraph N of PWD Schedule of rates November, 1997(Ninth Addition, 1st Revisions) as "if any construction work is executed departmentally, 20 per cent is to be deducted from the gross calculated amount as described in all items from A to M."] and defended the impugned order allowing rebate..Category: Fiscal/Taxation Law | Date: 18 Feb, 2008 | Hits: 1
Farid Miah (Md.) Vs. State, 2008, 37 CLC (HCD)
....t Md. Farid Miah be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 903. ......s there not any legal duty of his own, independent of the parties, to play an active role in the proceedings in finding out the truth and administering justice? It is a well accepted and settled principle that a Court must discharge its statutory function, whether they be discretionary or ob......t Md. Farid Miah be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 903. ..Category: Criminal Law | Date: 14 Feb, 2008 | Hits: 5
Sefina Ferdousi @ Shimla and another Vs. Jaohar Kabir and others, 2008, 37 CLC (HCD)
....wer Court's Record to the Courts below at once. Communicate the judgment to the Courts below immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 434; 61 DLR (HCD) (2009) 86. ......wer Court's Record to the Courts below at once. Communicate the judgment to the Courts below immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 434; 61 DLR (HCD) (2009) 86. ......Act No. VIII of 1890); section 17 Under section 17 of the Guardian of Wards Act the central consideration in appointing a guardian of a minor child is the welfare of the child, which will be of paramount consideration. A mother who is married to a stranger losses her preferential right of custody..Category: Women and Children | Date: 3 Feb, 2008 | Hits: 142
Sultana Hashem Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....haka now detained in Dhaka Central Jail, be set at liberty at once, if not wanted in connection with any other case or cases. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 668. ......tent grounds and whether the authority would have passed the detention order had it not taken the irrelevant, vague or nonexistent grounds into consideration. 14. It is also now a settled principle of law that vague, unspecified and indefinite allegation in the grounds of detention re......haka now detained in Dhaka Central Jail, be set at liberty at once, if not wanted in connection with any other case or cases. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 668. ..Category: Criminal Law | Date: 21 Jan, 2008 | Hits: 10
Mostafa alias Masta Vs. State, 2008, 37 CLC (HCD)
....stafa alias Masta be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 894. ......currence. Only P.W.2 victim corroborates the first information report case. The victim is an adult woman so conviction cannot be imposed on the solitary evidence of adult prosecutrix. It is a settled principle of law that a prosecutix's evidence is not sufficient to inflict conviction upon the accus......stafa alias Masta be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 894. ..Category: Women and Children | Date: 16 Jan, 2008 | Hits: 27
Humayun Hossain Khan Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)
....an. The petitioner obtained the loan with simple interest of Taka 13.6% per annum. But the petitioner could not let out the house at an expected rent as a result of which he failed to pay the regular installments to the Bank and requested the Bank for re-scheduling the outstanding debt with simple i......l interest. This clearly proves that legislature had no intention that the provisions of section 47 should be applied in a suit which was filed before section 47 came into force. (5) In fact, no principle on the application of section 47 has been laid down by the High Court Division in the judg......ted Title Suit No. 15 of 2003 before the Court of Joint District Judge and Artha Rin Adalat No. 1, Dhaka against the petitioner on January 27, 2003 for realization of the loan along with the interest amounting to Taka 38,06,058 as on 31-12-2002 and also for other relief’s. The petitioner as de..Category: Banking Law, Civil Law | Date: 8 Jan, 2008 | Hits: 9
Fairdeal Marine Services, Fujairah, U.A.E Vs. M.V. PELEAS K and others, 2007, 36 CLC (HCD)
....mentioned and specified in Schedule 'A' to the application is hereby necessarily recalled and vacated. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 17. ....../Petitioner in executing the Decree. In that regard, this Court finds the information provided in the Form No.J(47) to be deficient and wholly inappropriate for the execution of the decree beyond the principle decretal amount of Tk. 19,70,000.00 as was indeed effected by this Court's Order dated......05. Judgment Syed Refaat Ahmed J.- This Execution Case arises out of Admiralty Suit No.37 of 1999 that was filed on 21.3.1999 for recovery of the outstanding payment of a bunker bill for an amount of Tk. 19,70,000.00, including interest and costs, and pertaining to the vessel M.V. PELEAS K..Category: Admiralty Law or Maritime Law | Date: 6 Dec, 2007 | Hits: 19
AKM Reazul Islam and others Vs. State, 2007, 36 CLC (HCD)
....o.1, Lalpur, Natore to the satisfaction of the learned Chief Judicial Magistrate, Natore. Communicate this order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 111. ...... in case of persons like the present accused petitioners. This Court can entertain their bail petitions, if not under section 497 or 498 of the Code, but under section 561A of the Code. Moreover, the principle laid down in section 167 of the Code also comes into play. It may be mentioned that sectio......o.1, Lalpur, Natore to the satisfaction of the learned Chief Judicial Magistrate, Natore. Communicate this order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 111. ..Category: Anti-Corruption Laws | Date: 3 Dec, 2007 | Hits: 139
....78,40,997.85 by crediting the sum to the Current Account of the petitioner.
Send down the lower court's record at once.
Ed.
This Case is also Reported in: 28 BLD (HCD) (2008) 18.
......78,40,997.85 by crediting the sum to the Current Account of the petitioner.
Send down the lower court's record at once.
Ed.
This Case is also Reported in: 28 BLD (HCD) (2008) 18.
......odernization, Rehabilitation and Expansion (BMRE) under section 9(1)(Uma) of the VAT Act. Then, on the direction of respondent No.4, the Inspector, Customs, Excise and VAT, Demra Circle adjusted said amount of taka 78,40,997.85 in the Current Account Register on 28.02.01 resulting in the balance at ..
Category: Fiscal/Taxation Law | Date: 26 Nov, 2007 | Hits: 9
Mrs. Zakia Doha Vs. Rajdhani Unnayan Kartipakha, 2007, 36 CLC (HCD)
....hout any order as to costs. 40. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 254. ......hout jurisdiction or made any finding upon no evidence or without considering any material evidence/facts causing prejudice to the petitioner or it has acted malafide or in violation of the principle of natural justice. This- view is underpinned by the decision in the case of the Governmen......chnical Committee. Afterwards the RAJUK by its letter dated 22.04.2001 informed the added-respondent No.3 that his offer being the highest was accepted with a request to deposit the balance amount of Tk. 6,11,84,600/- by 21.05.2001 in the account of the RAJUK with Janata Bank, RAJUK Bhaban..Category: Abandoned Properties Law | Date: 15 Nov, 2007 | Hits: 6
....omes due after such final assessment is paid in cash within a period of two months of receipt of this order.
Communicate at once.
Ed.
This Case is also Reported in: 27 BLD (HCD) (2007) 555.
......mple Apple, then without making any assessment the Appraiser sends the goods for Radiation Test;
VI. When the Bill of Entry comes to the principal Appraiser, he examines the papers and follows the principles for assessment in respect of the imported goods and if he finds them correct, confirms th...... transmit any statement, document, information or record etc. and such document or statement is untrue in any material particular.
43. Sub-section (2) on the other hand makes one liable to pay any amount by reason of any such document or statement as aforesaid or by reason of some collusion any d..
Category: Fiscal/Taxation Law | Date: 17 Sep, 2007 | Hits: 66
M. A. Jaher and others Vs. Sonali Bank and others, 2007, 36 CLC (HCD)
....r before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 64. ......r before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 64. ......The facts relevant for disposal of this rule, in short, are that the respondent No.1, Sonali Bank, Bhola Branch filed Artha Rin Suit No.5 of 1998 against the petitioners for recovery of loan money amounting to Tk. 1,02,69,058/41. That suit was decreed exparte by the judgment and order dated 13...Category: Civil Law | Date: 11 Sep, 2007 | Hits: 6
BRAC Printers Vs. Chairman, First Labour Court and another, 2007, 36 CLC (HCD)
....arged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 25. ......ice bearers of the union, who raised the one-point charter of demand defeated the workers-respondents in election which preceded the termination of services of the workers-respondents. Therefore, the principle expressed in 28 DLR (AD) 190 has no manner of application on the facts and in the circumst......arged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 25. ..Category: Labour and Industrial Law | Date: 28 Aug, 2007 | Hits: 19
Isahaque Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
....e, who are already on bail by this Division, are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 354. ......out beyond reasonable doubt, then only conviction can be awarded. In such circumstances, the prosecution case has to rest on its own strength and not on the weakness of the defence. The governing principle is known as that of standard of proof. Absolute standard of proof does not exist. To det......nswers given by the accused during such examination should be considered by the Court. The words, "it may be taken into consideration in such inquiry or trial" in section 342 (3) of the Code would amount to a legislative guideline for the Court to give due weight to such answers though it does n..Category: Criminal Law | Date: 16 Aug, 2007 | Hits: 9
Mrs. Fatema Begum Vs. State, 2007, 36 CLC (HCD)
....om the date of receipt of this order in accordance with law after giving opportunity of hearing to the complainant petitioner. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 502. ......om the date of receipt of this order in accordance with law after giving opportunity of hearing to the complainant petitioner. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 502. ......morning accused oppositiminate blows on her with a ramdao, chapati and causing grievous injuries on her person. When Md. Goni Mia mentioned as witness in ce parties came to the house and demanded the amount demanded by them as ransom for release of her daughter, which petitioner refused. At this the..Category: Women and Children | Date: 13 Aug, 2007 | Hits: 21
Islam Enterprise Vs. Commissioner of Taxes and another, 2007, 36 CLC (HCD)
....e applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 425. ......e applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 425. ......r of Taxes acted illegally in disallowing substantial part of the justified expenses just on surmises and/or conjectures. 15. In Reference No.212 of 2002 he also submitted that the rejection of an amount of Taka 2,50,000.00 by the Deputy Commissioner of Taxes out of the debt of Taka 16,42,374.00 ..Category: Fiscal/Taxation Law | Date: 9 Aug, 2007 | Hits: 31
Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)
....d, as such, the same above the 6th floor is set aside. In the result, the appeals are allowed in part without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 28. ......l rise and fall with the writ-petitioners in the writ-petition as the writ petitioners have filed the writ-petition challenging the cancellation of the approved plan of the said Building. The cordial principle of law for addition of party has been provided in rule 1(10) of Order I of the Code of Civ......proaches the Rangs Bhaban with a speed exceeding 250-300 km/h, with 30% manoeuvrability, the risk of the aircraft colliding with the building increases significantly. Any such collision with the amount of jet fuel that is carried on board would not only destroy the building but also other build..Category: Property Law | Date: 2 Aug, 2007 | Hits: 114
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