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Rais Ali alias Md. Rais Ali and others Vs. Mst. Hajera Khatun and others, 2009, 38 CLC (HCD)

....the time of issuance of the rule is hereby vacated. Send down the lower Court records alongwith a copy of the judgment immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 62. ......01 rejected the prayer for pre-emption by dismissing the case on finding that this sale in question was done with concurrence of the pre-emptors and as such the claim of the pre-emptors are barred by principle of waiver, estoppel and acquiescence. 6. Against the said judgment and order passed by ......ch was lesser than the market values, then only he agreed to purchase the land. The seller getting no way left to protect the marriage of his daughter, agreed to the land to the preemptor No.2 for an amount of Tk. 50,000/- and took Tk.3,000/- as advance. But the talk ultimately failed and the advanc..

Category: Civil Law | Date: | Hits: 192

Bangladesh House Building Finance Corporation Vs. Mosammat Amena Begum, 2010, 39 CLC (HCD)

..../-, Taka 14,288.04/- is the interest and Taka 8,500/- is the costs. After filing the said Execution Case, the judgment debtor opposite party paid the entire money to the petitioner corporation by two installments on 05.03.2005 and 24.04.2005 respectively and has satisfied the claim of Execution Case......ous Execution Case No.14 of 2004 is hereby affirmed. Let a copy of this judgment and order be communicated to the Court concerned. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 194. ...... judgment and order dated 22.09.2003 allowed the said Miscellaneous Case giving permission to sale the property described in the schedule to the petition for realization of the outstanding loan money amounting to Taka 2,17,253.44/=. 4. Thereafter the petitioner corporation filed Miscellaneous Exe..

Category: Civil Law | Date: | Hits: 276

Fazlul Haque (Md.) Vs. Abdul Malek and another, 2008, 37 CLC (HCD)

....cost. Order of stay granted at the time of issue of the Rule on 30-4-07 is accordingly, recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 72. ......granted by the Court for doing of an act, the Court may, in its discretion, enlarge such period of time even after the expiry of the period originally fixed or granted. Only exception to such general principle is when the period is fixed or granted by the Court on the basis of the period prescribed ......cost. Order of stay granted at the time of issue of the Rule on 30-4-07 is accordingly, recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 72. ..

Category: Civil Law | Date: | Hits: 281

Veena Khaleque and others Vs. State, 2009, 38 CLC (HCD)

....anted earlier is hereby vacated. Send a copy of this judgment to the court concerned at once for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 762. ......anted earlier is hereby vacated. Send a copy of this judgment to the court concerned at once for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 762. ......ansport allowance for 25 months at the rate of Taka 1000 per month, Taka 289948 as a cost for searching of a motor cycle and Taka 5,08,320 as overtime dues. But the accused persons without paying the amount to the complainant and in order to grab the same terminated him from service on 1-12-05. As u..

Category: Employment/Service Law | Date: | Hits: 238

Dr. S.M. Eunus Ali Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)

....as to cost. The stay order stands vacated. Send copy of this judgment to the Artha Rin Adalat, 2nd Court, Jessore. Nozrul Islam Chowdhury J.-I agree. Ed. This Case is also Reported in: ......titioner to that effect has got no substance. 21. It appears that the order dated 25.7.2004 has been challenged by the petitioner virtually it is a judgment of the Artha Rin Adalat but the settled principle of law is that a judgment debtor is required to file appeal in compliance with the provisi...... it was detected , the plaintiff offered the petitioner a loan of Taka 30,00,000/-(thirty lacs) on condition that the Over Draft of Taka 16,55,546/- was to be adjusted from the said loan and the rest amount will be given to the petitioner and the plaintiff obtained from the petitioner collateral sec..

Category: Civil Law | Date: | Hits: 254

Ibrahim Akand and others Vs. Securities and Exchange Commission and others, 2009, 38 CLC (HCD)

....ble him to file CMP before the Appellate Division. The prayer is allowed and the operation of the Judgment is stayed for one (1) week. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 49. ......the investors to believe that bonus shares may be issued against all Mutual Funds and hence heavy investment in Mutual Funds followed. 6. On 26.6.2008, when Respondent No.1 at a meeting decided in principle to amend its existing mutual fund rules to bar Mutual Funds from increasing their size by ......in 2007 by issue of bonus shares. 28. The latest amendment to the Rules permits extension of the period by the unit-holders and if that is so then the so-called limitation as to the period and the amount of the fund is no longer there. In fact, there was no restriction before the impugned amendme..

Category: Business or Commercial Law | Date: | Hits: 462

Md. Nur Alam and another Vs. State, 2012, 41 CLC (HCD)

....w for securing their arrest. Send a copy of this judgment and order to the said court along with the lower court records. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ......ctions 302 and 34 of the Penal Code. 29. In the case of Islamuddin (Md.) alias Din Islam Vs. The State, 13 BLC (AD) 81, it was observed by the Appellate Division as follow: “It is now settled principle of law that judicial confession if it is found to be true and voluntary can form the sloe ......w for securing their arrest. Send a copy of this judgment and order to the said court along with the lower court records. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 170

Transfin Trading Ltd. Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)

....duty payable by the petitioner within a period of 30 days from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 359. ......duty payable by the petitioner within a period of 30 days from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 359. ......0. Result: The Rule is made absolute. The Customs Act, 1969 (Act No. IV of 1969); Section 81 Where any goods are allowed to clear or released on the basis of provisional assessment the amount of duty actually payable on those goods shall within a period of 150 working days from the da..

Category: Fiscal/Taxation Law | Date: | Hits: 194

Kamal Imports and Exports Ltd. & another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)

....eived in the above two writ petitions to the respective petitioners within a period of 1 (one) month from the receipt of the judgment. Ed. This Case is also Reported in: 16 BLC (HCD) (2011)351. ......us The Chairman, National Board of Revenue and others in Writ Petition No.5458 of 2004, Writ Petition No.5459 of 2004 and Writ Petition No.5872 of 2004 and a Divi­sion Bench of this Court set up the principle that the petitioner as registered commercial importer and trader are not required to pay a......f Entries but the petitioner only paid Taka 19,41,172 as VAT at the supply stage so it is clear that Taka 1,21,98,503 is unpaid till to date and since the petitioner failed to take rebate of the said amount within stipulated period as per Section 9(1) of the VAT Act, 1991 and Rule 19(2) of the VAT R..

Category: Fiscal/Taxation Law | Date: | Hits: 220

Gopinath Das and others Vs. Government of Bangla­desh & others, 2010, 39 CLC (HCD)

....of the giant design to grab, if at all, such a huge tract of land in the city centre. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 167. ......of the giant design to grab, if at all, such a huge tract of land in the city centre. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 167. ......ng and catching fish in low-lying area while in the remaining land he used to grow crops sometimes by himself and some­times through bargadars. He also developed a por­tion of land by spending huge amount of money. GC Basak left for Calcutta around 1359 BS where he died shortly thereafter. His onl..

Category: Property Law | Date: | Hits: 149

Sayed Hasan Imam Litu Vs. Al-Arafah Islami Bank & another, 2011, 40 CLC (HCD)

..... In the result the Rule is discharged. The Order of stay granted earlier is hereby vacated. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 255. ....... In the result the Rule is discharged. The Order of stay granted earlier is hereby vacated. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 255. ......ccount No.3300963 have expansion of business. The oppo­site party obtained a loan from the bank but subse­quently, since the vested of enhance for nonpayment of the loan and in Order to pay partial amount of loan on 30-9-03 issued a cheque being AIB/CD- No.8766151 for Taka 2,95,814 and the petitio..

Category: Civil Law | Date: | Hits: 217

Shah Alam (Md.) Vs. Bangladesh Water Deve­lopment Board, 2012, 41 CLC (HCD)

....rder of stay at the time of issuance of the rule is hereby vacated. Let a copy of the Judgment be sent to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 245. ......lenged. 9. Mr. Kamal-ul-Alam, learned Advocate, referred to the decision of Sonali Bank Vs. Hare Krishna Das, reported in 49 DLR 282 where their lordships observed that— "The liability of the principle debtor is co­extensive with that of the guarantor. A creditor is at liberty to pursue eit......ontrol Embankment in Reach No.K-1(A) at length of 32.00 chainage both sides of Gomati River from Eliotgonj to Kushiara under sub-project of Gomati first phase during the year 1987-88; original tender amount was Taka 21,04,600; total work at length 0.00-32.00 chainage; during progress of the work, op..

Category: Civil Law | Date: | Hits: 195

Bank of Small Industries & Commerce Bangladesh Vs. Shahabuddin Ahmed, 2012, 41 CLC (HCD)

....receipt of the lower Court records. Send down the LCRs along with a copy of the Judgment and order to the Court below immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 241. ......receipt of the lower Court records. Send down the LCRs along with a copy of the Judgment and order to the Court below immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 241. ......essman, opened several accounts in the petitioner-bank with false and ficti­tious names in collusion with two Bank employees-defendants 2-3 and they in collusion with each other misappropriated huge amount of Taka 6,53,656.58 (Six lack fifty three thousand six hundred fifty six fifty eight paisa) f..

Category: Civil Law | Date: | Hits: 161

Harunor Rashid Halder Vs. Entaj Sheik & others, 1983, 12 CLC (HCD)

....Rule is discharged. The impugned proceeding is set aside. Send down the record at once. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 286. ......Rule is discharged. The impugned proceeding is set aside. Send down the record at once. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 286. ......l party could not be allowed to disregard. It was not proper to initiate a second pro­ceeding under section 145 Cr.P.C. for main­taining peace and any such legal proceeding taken subsequently would amount to an abuse of the process of Court, the object of which would be only to harass a party who ..

Category: Criminal Law | Date: | Hits: 88

Makhlekur Rahman Vs. State, 1982, 11 CLC (HCD)

....l bonds forthwith. The Rule is, accordingly, made absolute. Communicate the order at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 72. ......l bonds forthwith. The Rule is, accordingly, made absolute. Communicate the order at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 72. ......ment October 14, 1982. Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A In case of prolongation of the proceeding which will amount to a sheer abuse of the process of the Court and harassment of the accused and for ends of ju..

Category: Criminal Law | Date: | Hits: 62

Shaikh Obaidul Haq Vs. State & another, 1986, 15 CLC (HCD)

....n 420 of the Penal Code now pending in the Court of Chief Metropoli­tan Magistrate, Dhaka be quashed. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 105. ......n 420 of the Penal Code now pending in the Court of Chief Metropoli­tan Magistrate, Dhaka be quashed. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 105. ......n order to escape the liability resorted to harass the peti­tioner by instituting the criminal case No.572A of 1981 under section 420 of the Penal Code alleging that two post dated cheques for total amount of Tk. 1,01,560/30 have been dishonoured payment by the peti­tioner's banker. and further 36..

Category: Criminal Law | Date: | Hits: 67

Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)

....maluddin Ahmed alias Jamal Ahmad be set at liberty at once. In the result, the Rule is made absolute. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 93. ......Civil Courts have jurisdiction to examine into cases where the provisions of the Act have not been complied with, or the statutory tribunal(authority) has not acted in conformity with the fundamental principles of judicial procedure." In this case we have shown that the detai­ning authority has ......maluddin Ahmed alias Jamal Ahmad be set at liberty at once. In the result, the Rule is made absolute. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 93. ..

Category: Criminal Law | Date: | Hits: 78

Hubble Corporate Ltd. Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)

.... of stay granted earlier by the Court stands vacated. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ...... of stay granted earlier by the Court stands vacated. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ......ods of the petitioner. So the petitioner filed Money Suit No.42 of 2004 against the Bank before the 5th Court of Joint District Judge, Dhaka (here­inafter stated as the Court) for compensation of an amount of Taka 59,38,897, The goods were covered under the insurance policy with other the goods bel..

Category: Civil Law | Date: | Hits: 176

Muslim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)

..... Hence, the Rule is discharged. Stay granted earlier by this Court be vacat­ed. However, there will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 161. ......an employee in the service of the Republic has also been decided by the apex Court. It has been rightly submitted that the Mujibur Rahman's case reported in 44 DLR (AD) 111, has laid down the guiding principle in this respect. Relying on the said decision, subsequently, the Appellate Division in the....... Hence, the Rule is discharged. Stay granted earlier by this Court be vacat­ed. However, there will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 161. ..

Category: Administrative Law | Date: | Hits: 455

Mangal Chandra Sarker and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....s from the places wherein their homesteads are situat­ed considering their humanitarian approach. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 152. ......s from the places wherein their homesteads are situat­ed considering their humanitarian approach. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 152. ......awarded made an attempt to get the com­pensation but the authority concerned directed the office to verify the genuineness of such claim and after verification of the said power of attorney the said amount was paid to those persons. Thereafter, some other persons withdrew the money of com­pensatio..

Category: Property Law | Date: | Hits: 89