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Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Corporation Ltd., 1982, 11 CLC (AD)
.... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ...... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ......properties are being offered by way of collateral/auxiliary security against the cash credit facility of Tk. 90,00,000/-. It is not the case that the security is being offered against the specified amount of loan of Tk. 90,00,000/ but it is by way of security against the cash credit facility havin..Category: Fiscal/Taxation Law | Date: | Hits: 269
Shafi Khan Vs. Mannujan Hossain and others, 1983, 12 CLC (AD)
....ed orders allowing pre-emption are set aside and the application for pre-emption is dismissed. No order as to costs for the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ......rs. Vs. Mohilal Kole and ors., 58 CWN 1000. In that case of Sital Chandra Kole it was observed that “the obligation under the agreement for re-sale becomes annexed to the ownership by reason of the principle underlying section 40 of the Transfer of Properly Act and that if the pre-emptor had notic......ed orders allowing pre-emption are set aside and the application for pre-emption is dismissed. No order as to costs for the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ..Category: Property Law | Date: | Hits: 77
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
.... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......is similar to that which was exercised by the Chancellor in the Court of Equity, which connotes that the Court can travel beyond the strict terms of the Rule, where such a move is necessitated by the principle of equity fairness and justice. In support of his submission Mr. Huq cited the case of Sta...... even at an initial stage may be justified where facts are so preposterous that even on the admitted facts no case can stand against the accused and that further prolongation of the prosecution would amount to harassment to an innocent party and abuse of the process of the Court. The Appellate Divis..Category: Criminal Law | Date: | Hits: 133
Md. Mohiuddin Chowdhury Vs. Rupali Bank Ltd. and others, 2011, 40 CLC (HCD)
.... without any order as to costs. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ...... without any order as to costs. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......count. 2. Facts relevant for disposal of the Rule are that Rupali Bank Ltd. As plaintiff instituted Mortgage Suit No.33 of 1996 before the Artha Rin Adalat No.1, Chittagong for realisation of loan amounting to Taka 4,21,466/- (four lac twenty-one thousand four hundred sixty-six) only. The said su..Category: Civil Law | Date: | Hits: 129
....any learned brother Mr. Justice Munim that these appeals should be dismissed.
Order of the Court.
The appeals are dismissed.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 169.
......er Finance Ltd. Vs. Westminster (City) London, Borough Council (1970) 3 WLR 732 to show that Robert-son Vs. Minister of Pension cannot be said to have been over-ruled as Mr. Pal had submitted but the principle stated therein was applied and followed in the aforesaid decisions.
44. Without enteri......since they took over possession of the affairs of the aforesaid firm on 5th February, 1975 they have incurred considerable expenses in running the said firm and paid the liabilities of the film which amounted to several lacs of takas.
In reply the respondents No.1 to 3 mentioned that they did n..
Category: Others | Date: | Hits: 154
Nur Banu Vs. Noor Mohammad and others, 1983, 12 CLC (AD)
....uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ......ted by the defendant-appellant. Mention may be made that in her written statement it was alleged that the kabuliyat was obtained by fraud and was not, therefore, a valid document. In support of the principle that the plaintiff must succeed on the strength of his own case, Mr. Khondker cited the ca......uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ..Category: Property Law | Date: | Hits: 103
AK Murshed Ahmed Vs. Md. Meher Ali and others, 1983, 12 CLC (AD)
....n it goes against him and this also not by an appropriate proceedings. For the reasons stated above, appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 178. ......, Counsel for the defendant-appellant, that the decision of the learned Single Judge as to the mandatory nature of the provisions of section 17 (1) is not based on the correct interpretation of the principle underlying this decision. According to him, the provisions of this section were merely dir...... Defendant-appellant obtained leave from this Court to consider whether the High Court Division was wrong in not allowing the defendant-appellant to furnish security bond or to deposit the decretal amount after drawing up the decree as decided by this Court in the case of Binode Behari Shaha Vs. N..Category: Procedural Law | Date: | Hits: 109
Alhaj Md. Chowdhury Alam and others Vs. Md. Nasiruddin Shah and others, 2004, 33 CLC (AD)
.... above, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: ......nance and there being no legal obligation to appoint any one from the family of the last Mutwalli, High Court Division has erred in making a direction to appoint the petitioner as the Mutwalli on the principle enunciated in the case reported in 35 DLR (AD) 108. The learned Counsel lastly submitted t...... above, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: ..Category: Trust/Waqf Law | Date: | Hits: 148
M/s. Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and others, 2003, 32 CLC (AD)
....s we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. This Case is also Reported in: ...... of credit prior to the satisfaction as to payment under the above-mentioned letter of credit for which the Sonali Bank is under a legal obligation to pay of the respondents. 6. It is now settled principle of law that no Court can pass any restraining order on any issuing bank from making paymen......ment under the letter of credits dated 28.9.1999 and 12.10.1999 but nothing could be placed before us to show any condition precedent or that there was a legal condition for prior satisfaction of the amount under the master letter of credit prior to the satisfaction as to payment under the above-men..Category: Business or Commercial Law | Date: | Hits: 208
Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)
....fs within 90 days failing which the plaintiffs will be at liberty to have possession through Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ......e of the said landlord. Reference may be made in this connection to the case of Abdus Sattar Vs. Mohiuddin, 38 DLR (AD) 97. His Lordship Mr. Shahabuddin Ahmed J as his Lordship then was expounded the principle of law embodied in section 116 of the Evidence Act which runs thus: “Section 116. The......fs within 90 days failing which the plaintiffs will be at liberty to have possession through Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ..Category: Procedural Law | Date: | Hits: 74
Babar Ali Prodhan Vs. Kinu Mia and others, 1979, 8 CLC (AD)
....al is allowed without any order as to costs. The judgment of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 323.......ney suit and the decree holder in any suit whether described as money suit or rent suit has ceased to have his right treat it as rent suit under the Bengal Tenancy Act. 5. It is now a well-settled principle laid down in the case of Arthur Henry Forbe Vs. Bahadur Singh 41 I. A. 91 and Maharajadhir......ceed against the judgment-debtor remained unaffected and the decree-holder retained his right, title and interest of the judgment-debtor in the property to that extent. The landlord could realise the amount by a suit, which of course, will in substance be a money suit. The view expressed by Sen, J..Category: Property Law | Date: | Hits: 60
Abul Kashem and another Vs. Begum Khodeja Akhtar & others, 1979, 8 CLC (AD)
....t and decree under appeal are set aside; and the case is remanded back to the lower appellate Court for disposal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 316.......t and decree under appeal are set aside; and the case is remanded back to the lower appellate Court for disposal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 316........ The deed of agreement dated 6.4.68 was lost and as such another deed of agreement was executed by Sonaullah in favour of the same Moizuddin on 21.4.68 for the same land. On payment of the balance amount of Tk. 4,000/- to the Vendor Sonaullah the sale deed was executed, and registered on 5.9.68 b..Category: Property Law | Date: | Hits: 79
Nuvista Pharma Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....ustoms, Excise and VAT North Commissionerate House, Dhaka will be at liberty to encash the bank guarantee. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 132. ......plea of noncompliance of section 55 of the VAT Act the encashment of the bank guarantee has been prevented that will tantamount to granting injunction upon unconditional bank guarantee as against the principle of the case cited above. 13. The learned Additional Attorney General has also brought t......12 of the VAT Rules. The VAT authorities raised an issue regarding alleged outstanding VAT of Organon for the years 2001-2006 on the basis of CRAD audit objections in sum of Taka 2,75,42,815.02.The amount was demanded by direct demands without show cause notices being served under section 55 of th..Category: Fiscal/Taxation Law | Date: | Hits: 181
Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)
....e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112.......was not interfered with, though the mode of trial of the Court was changed by the provision of elimination of assessors. It was further pointed out that in regard to the procedural law, the general principle is that alterations in procedure are retrospective unless there be some good reason agai......e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112...Category: Criminal Law | Date: | Hits: 76
Sattyendra Sutradhar Vs. Md. Zillu Miah and others, 2012, 41 CLC (AD)
....- is to be deposited within 1 (one) month. The petitioner is permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 386. ......- is to be deposited within 1 (one) month. The petitioner is permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 386. ......onsideration money from the purchaser. That the petitioner, knowing about the sale of the case land, filed the pre-emption case within the statutory period of limitation on depositing the necessary amount. 5. Both the pre-emptee as opposite party No.1 and the vendor as opposite party No.2 conte..Category: Property Law | Date: | Hits: 93
Bangladesh Bank and another Vs. Sukamal Sinha Choudhury and another, 2011, 40 CLC (AD)
....ted earlier be extended till disposal of the appeal. This interim order shall not effect in any way retirement benefit of the respondent. Ed. This Case is also Reported in: 9 ADC (2012) 218.......ested right in the old evaluation system and further upholding private interest of employees (allowing an antedated promotion and seniority with financial benefits) is thus violative of established principle of jurisprudence developed by the Appellate Division of the Supreme Court laid down in Ban......ted earlier be extended till disposal of the appeal. This interim order shall not effect in any way retirement benefit of the respondent. Ed. This Case is also Reported in: 9 ADC (2012) 218...Category: Employment/Service Law | Date: | Hits: 211
Nur Mohammad Bhuiyan and others Vs. Aysha Khatoon and others, 2011, 40 CLC (HCD)
....ated 8.11.1986 of the Munsif (now Assistant Judge), First Court, Chandpur in Title Suit No. 51 of 1983 are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......ated 8.11.1986 of the Munsif (now Assistant Judge), First Court, Chandpur in Title Suit No. 51 of 1983 are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......e deed and that after filing the appeal under section 72 of the Registration Act, there was a compromise between the parties. In the said compromise consideration for reconveyance was fixed at lesser amount. It may happen that for realizing the usufructs for the gap period from execution of the conv..Category: Property Law | Date: | Hits: 87
....ithin six months from receipt of the judgment. No further adjournment shall be allowed at the instance of the added-defendants.
Faruque Ahmed J. - I agree.
Ed.
This Case is also Reported in:
......ade parties and they have purchased the land during pendency of the suit, they would rise and fall with their vendors and their right and interest whatsoever in the suit land would be governed by the principle of ‘lis pendens’. It is apparent in the records that the petitioners filed the applica......ithin six months from receipt of the judgment. No further adjournment shall be allowed at the instance of the added-defendants.
Faruque Ahmed J. - I agree.
Ed.
This Case is also Reported in:
..
Category: Procedural Law | Date: | Hits: 77
National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 22 CLC (AD)
.... judgment with reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ...... judgment with reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ...... import 500 tons of duplex board on an undertaking to re-export those within two years from the date of the release of the consignment and in case of failure to re-export, to pay on demand, twice the amount of import duty as may be leviable thereon. The Ministry of Finance was pleased to forward the..Category: Fiscal/Taxation Law | Date: | Hits: 140
Government of Bangladesh and others Vs. Md. Salim Reza, 2003, 22 CLC (AD)
....and other benefits to the employees including the respondent. In that view of the matter, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......ble argument whether in the result the watch committee’s decision is void or merely voidable. Time and again in the cases I have cited it has been stated that a decision given without regard to the principles of natural justice is void and that was expressly decided in Wood Vs. Woad {(1974) L.R. 9......re. The said report of the Manager was placed before the Court along with the counter. The allegations in the Manager’s report were the basis for the termination and the said report contained words amounting to a stigma. The termination order was, as stated above, set aside." 8. The above decis..Category: Employment/Service Law | Date: | Hits: 155
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