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Chow Wen Chang and others Vs. SF Winsome Fashion Ltd. and others, 2013, 42 CLC (HCD)

....e application and further stating that with regard to the statements made in paragraph No. 18 of the petition it is stated that the petitioner No. 2, who is a foreign national, was neither present in Bangladesh on 29-10-2011, nor had he appointed the petitioner No.1, a foreign national, as his Attor......s also Reported in: 65 DLR (HCD) (2013) 584. ......eme Court High Court Division (Statutory Original Jurisdiction)  Present: Md. Rezaul Hasan J  Chow Wen Chang and others.........................Petitioners Vs. SF Winsome Fashion Ltd. and others……………….Responde......The respondent No.3 is directed to pay cost of Taka 50,000 to petition No.1 and Taka 50,000 to petitioner No. 2 within 30 days. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 584. ..

Category: Company Law | Date: 24 Jul, 2013 | Hits: 10

Bangladesh Development Bank Limited Vs.Judge, Artha Rin Adalat, Jessore and others, 2013, 42 CLC (HCD)

....se is also Reported in: 66 DLR (HCD) (2013) 1. ...... Jurisdiction) Present: Md. Ashfaqul Islam J Md. Ashraful Kamal J Bangladesh Development Bank Limited...................Petitioner Vs. Judge, Artha Rin Adalat, Jessore and others..............Respondents Judgment July 24, 2013. Result: The Rule is ......igh Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Ashraful Kamal J Bangladesh Development Bank Limited...................Petitioner Vs. Judge, Artha Rin Adalat, Jessore and others..............Respondents Judgment Jul......respondents No.2-4 treating the same as a proper miscellaneous case after hearing both sides forthwith. Communicate at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2013) 1. ..

Category: Banking Law | Date: 24 Jul, 2013 | Hits: 10

Sarwar Hossain Moni (Md.) Vs. State and another, 2013, 42 CLC (AD)

....31 of 2008, it was alleged that the accused-petitioner issued a cheque in favour of the complainant bearing No.50/Kha(চ) 1204311 dated 30-4-2008 for an   amount of Taka 50,00,000 drawn on Bangladesh Commerce Bank Ltd., Bangshal Branch, Dhaka of his Current Account No.000091. The complain......ossain J AHM Shamsuddin Chowdhury J              Sarwar Hossain Moni (Md.)........Petitioners (In both cases) Vs. State and another……………………Respondents (In both case...... Syed Mahmud Hossain J AHM Shamsuddin Chowdhury J              Sarwar Hossain Moni (Md.)........Petitioners (In both cases) Vs. State and another……………………Respondent......iewed in affirming the judgment and order passed by the High Court Division and accordingly, both these petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 283. ..

Category: Criminal Law | Date: 24 Jul, 2013 | Hits: 8

Shahnaz Parveen and others Vs. Bangladesh, represented by the Secretary, Ministry of Heath and Family Welfare Dhaka and others, 2013, 42 CLC (HCD)

....rt Division (Special Original Jurisdiction) Present: Tariq-ul-Hakim J Abu Taher Md. Saifur Rahman J Shahnaz Parveen and others.......................Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Heath and Family Welfare Dhaka and others...........in: 67 DLR (HCD) (2015) 157 ...... High Court Division (Special Original Jurisdiction) Present: Tariq-ul-Hakim J Abu Taher Md. Saifur Rahman J Shahnaz Parveen and others.......................Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Heath and Family Welfare Dhaka and ot......e benefits to the petitioners counting their service period in the development project. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 157 ..

Category: Administrative Law, Employment/Service Law | Date: 8 Jul, 2013 | Hits: 3

Afazuddin Fakir (Md.) Vs. MH Rahman and others, 2013, 42 CLC (HCD)

....d with the Miscellaneous Case in accordance with law. Send down the lower Court records with copy of this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 581 ......igh Court Division (Civil Revisional Jurisdiction) Present: Md. Nuruzzaman J Farid Ahmed J Afazuddin Fakir (Md.)...................Petitioner Vs.  MH Rahman and others..............Opposite Parties Judgment June 17, 2013.    Result:...... ......d with the Miscellaneous Case in accordance with law. Send down the lower Court records with copy of this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 581 ..

Category: Property Law | Date: 17 Jun, 2013 | Hits: 4

Monowara Begum Vs. Government of Bangladesh others, 2013, 42 CLC (HCD)

....t High Court Division (Civil Revisional Jurisdiction) Present: SM Emdadul Hoque J Monowara Begum..................Defendant-Respondent-Petitioner Vs. Government of Bangladesh others.........................Opposite-Parties Judgment June 16, 2013. Re......nt SM Emdadul Hoque J. — On an application of the petitioner Monowara Begum under section 115 (1) of the Code of Civil Procedure, the Rule was issued calling upon the opposite party Nos. 1 and 2 to show cause as to why the impunged judgment and decree dated 24-5-1997, passed by the learne......   ......granted earlier by this court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 476.   ..

Category: Civil Law, Property Law | Date: 16 Jun, 2013 | Hits: 2

Golam Rasul Belal Vs. Habibullah Shakir and another, 2013, 42 CLC (AD)

.... delivering it to the person on whom -it is to be served; or (b) By sending it by registered post with acknowledgement due to that person at his usual or last known place of abode or business in Bangladesh; or (c) By publication in a daily Bangla nation­al newspaper having wide circula......l Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J AHM Shamsuddin Chowdhury J Golam Rasul Belal..................................Appellant Vs. Habibullah Shakir and another.............Respondents Judgment June 11, 2013. Result: The appeal i...... Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J AHM Shamsuddin Chowdhury J Golam Rasul Belal..................................Appellant Vs. Habibullah Shakir and another.............Respondents Judgment June 11, 2013. ......t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58.     ..

Category: Criminal Law | Date: 11 Jun, 2013 | Hits: 10

Sahab Uddin (Md.) Vs. State and another, 2013, 42 CLC (HCD)

....tiable Instruments Act, 1881 (the Act, 1881), alleging, inter alia, that in order to repay a loan due to him, the accused issued three cheques in his favour. All the cheques were drawn on Islami Bank Bangladesh Ltd., Chauk Bazar Branch. The cheques were dated 28-5-2008, 10-6-2008 and 28-5-2008 for T...... Md. Muzammel Hossain CJ Surendra Kumar Sinha J  Md. Abdul Wahhab Miah J AHM Shamsuddin Choudhury J Sahab Uddin (Md.).........................Petitioner Vs. State and another ........................Respondents Judgment June 11, 2013. Result: ...... Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J  Md. Abdul Wahhab Miah J AHM Shamsuddin Choudhury J Sahab Uddin (Md.).........................Petitioner Vs. State and another ........................Respondents Judgment June 11, 2013. ......ce during the trial. In view of the above, we find no merits in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 86. ..

Category: Civil Law | Date: 11 Jun, 2013 | Hits: 14

Grameen Telecom Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)

....en Bank Complex Mirpur-2, Dhaka-1216….. ……………............Assessee-Applicant Vs. The Commissioner of Taxes, Taxes Zone-03, 35, Pioneer Road, (Ayesha Manjil) Segunbagicha, Dhaka-1000, Bangladesh………Respondent Judgment June 5, 2013. Result: Income Tax Reference Applic...... refusing to allow the admission of appeal before the Commissioner of Taxes (Appeal). 2. It has been stated in the instant Income Tax Reference Application that the Assessee-applicant is a company and a regular income tax assessee under the Companies Circle-07, Taxes Zone-03, Dhaka, and holding T...... Grameen Telecom represented by its Managing Director: M. Khalid Shams, having its Registered Office at Grameen Bank Complex Mirpur-2, Dhaka-1216….. ……………............Assessee-Applicant Vs. The Commissioner of Taxes, Taxes Zone-03, 35, Pioneer Road, (Ayesha Manjil) Segunbagicha, Dha......o be admitted and heard on merit by the Commissioner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 5 Jun, 2013 | Hits: 86

A.B.M. Liton Vs. Bangladesh & Others, 2013, 42 CLC (HCD)

....iction) Present: Sheikh Hassan Arif J Mustafa Zaman Islam J A.B.M. Liton…………………………..Petitioner Vs. Bangladesh & Others………………………&hell......e. Refusal of Bail not Sustained-- Since the Adalat as well as the Bank proceeded against the body of all the defendants including the petitioner before proceeding against their properties, and since the Bank and the Adalat proceeded against the petitioner before exhausting all the process......al Jurisdiction) Present: Sheikh Hassan Arif J Mustafa Zaman Islam J A.B.M. Liton…………………………..Petitioner Vs. Bangladesh & Others……………………&hel......the refusal of bail are set-aside in so far as the petitioner is concerned. Communicate this order.  Ed.  This Case is also Reported in: 66 DLR (HCD) (2014) 207   ..

Category: Banking Law | Date: 3 Jun, 2013 | Hits: 5

Moon Construction Company Limited Vs. Government of Bangladesh & others, 2013, 42 CLC (HCD)

.... (Civil) Present: Reza-ul-Hoque J A.B.M. Altaf Hossain J Moon Construction Company Limited……………….Petitioner Vs. Government of Bangladesh & others……………….Respondents Judgment ......bsp;of the Constitution of Bangladesh, 1972 Due Process And Reasonable And Non-Arbitrary Laws And Procedure- A person may be destructively treated not only by action, but also by inaction and inaction may contravene the Article, when it is arbitrary and unreasonable. In the instant ......gh Court Division (Civil) Present: Reza-ul-Hoque J A.B.M. Altaf Hossain J Moon Construction Company Limited……………….Petitioner Vs. Government of Bangladesh & others……………….Responden......ent. Office is directed to communicate the copy of this judgment forthwith. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 193         ..

Category: Constitutional Law | Date: 16 May, 2013 | Hits: 4

ABSCO Limited Vs. Artha Rin Adalat No.2, Dhaka & another, 2013, 42 CLC (HCD)

....r or further order or orders passed as to this Court may seem fit and proper. 4. Facts relevant for disposal of these Rules are, in a bridge, is that, the respondent No. 2, GSP. Finance Company (Bangladesh) Limited institut­ed Artha Rin Suit No. 276 of 2010 against the petitioners claiming ......dalat No.2, Dhaka & another..................Respondents Judgment May 15, 2013. Result: Both the rules are discharged. Artha Rin Adalat Ain (VIII of 2003); Sections 10(1) and 19(2) Section 10 of the Ain, 2003 does not provide any provisions for filing applications a...... Present: Syed Refaat Ahmed J Mahmudul Haque J ABSCO Limited……………………………................Petitioners Vs. Artha Rin Adalat No.2, Dhaka & another..................Respondents Judgment ......charged without any orders as to costs.' Communicate the judgment to the court con­cerned at once.  Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 9.   ..

Category: Corporate Law, Others | Date: 15 May, 2013 | Hits: 8

Taposh Malaker Vs. Government of Bangladesh, Represented by the Secretary, Ministry of LGRD) and others, 2013, 42 CLC (AD)

....Kumar Sinha J MA Wahhab Miah J Syed Mahmud Hossain J Siddiqur Rahman Miah J AHM Shamsuddin Choudhury J Taposh Malaker..............Petitioner Vs. Government of Bangladesh, Represented by the Secretary, Ministry of LGRD) and others………&helli......in J Siddiqur Rahman Miah J AHM Shamsuddin Choudhury J Taposh Malaker..............Petitioner Vs. Government of Bangladesh, Represented by the Secretary, Ministry of LGRD) and others……………………………&h......ssain CJ Surendra Kumar Sinha J MA Wahhab Miah J Syed Mahmud Hossain J Siddiqur Rahman Miah J AHM Shamsuddin Choudhury J Taposh Malaker..............Petitioner Vs. Government of Bangladesh, Represented by the Secretary, Ministry of LGRD) and others&hellip......made on proper appreciation of law and facts do not call for interference. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 1. ..

Category: Election Law | Date: 7 May, 2013 | Hits: 6

Head Mistress, Hazrat Shah Ali Girls' High School, Mirpur, Dhaka Vs. Mohammad Ibrahim and others, 2013, 42 CLC (AD)

....5 rejecting the plaint by his judgment and decree dated 4-6-2007. 7. The plaintiff respondent then filed civil Revision No.4596 of 2007, before the High Court Division of the Supreme Court of Bangladesh, in which Rule was issued upon the defendant oppo­site parties of the Revision. The Civ......Hossain J Siddiqur Rahman Miah J AHM Shamsuddin Chowdhury J Head Mistress, Hazrat Shah Ali Girls' High School, Mirpur, Dhaka .............Petitioner Vs. Mohammad Ibrahim and others..........Respondents Judgment May 6, 2013. Result: The leave petition......ab Miah J Syed Mahmud Hossain J Siddiqur Rahman Miah J AHM Shamsuddin Chowdhury J Head Mistress, Hazrat Shah Ali Girls' High School, Mirpur, Dhaka .............Petitioner Vs. Mohammad Ibrahim and others..........Respondents Judgment May 6, 2013. Res......cordingly dis­posed of. The matter is remanded to the High court Division for a fresh hearing. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 300; 18 MLR (AD) (2013)153. ..

Category: Procedural Law | Date: 6 May, 2013 | Hits: 15

Hasan Chowdhury (Md.) Vs. Bangladesh Bank and others, 2013, 42 CLC (HCD)

.... (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. AshrafUl Kamal J Hasan Chowdhury (Md.) ..................Petitioner (In both the petitions) Vs. Bangladesh Bank and others..................Respondents (In both the petitions) Judgment M......Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. AshrafUl Kamal J Hasan Chowdhury (Md.) ..................Petitioner (In both the petitions) Vs. Bangladesh Bank and others..................Respondents (In both the petitions) Judgment May 22, 2013. ...... Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. AshrafUl Kamal J Hasan Chowdhury (Md.) ..................Petitioner (In both the petitions) Vs. Bangladesh Bank and others..................Respondents (In both the petitions) Judgme......nd also to communicate the compli­ance of our direction to the Registrar of the Supreme Court without any fail. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 533.   ..

Category: Banking Law | Date: 2 May, 2013 | Hits: 3

Sheikh Shahadat Hossain (Md.) Vs. National Board of Revenue, and others, 2013, 42 CLC (HCD)

....: The Customs Appeal is allowed. Cases Referred to- Mohammed Zulfiqar Vs. Abul Kalam, 42 DLR (AD) 83; Superintendent and Legal Remembrance Vs. Zubed Ali, 26 DLR (AD) 1; Zamil Hoque Vs. Bangladesh, 34 DLR (AD) 125; Md Ismail Vs. State, PLD 1969 (SC) 241; Mahmudul Hoque Vs. Shamsul Alam......ur Rahman J   Hassan Arif J Sheikh Shahadat Hossain (Md.)………………………Appellant Vs. National Board of Revenue and others................Respondents Judgment April 25, 2013. Result: The Custo......iction) Present: Md. Bazlur Rahman J   Hassan Arif J Sheikh Shahadat Hossain (Md.)………………………Appellant Vs. National Board of Revenue and others................Respondents Judgment April 25......vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522   ..

Category: Fiscal/Taxation Law | Date: 25 Apr, 2013 | Hits: 2

JIT Knit Composite Ltd Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)

....direction the Rule is made absolute. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 480.   ......he Rule is made absolute. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 480.   ......s observation and direction the Rule is made absolute. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 480.   ......in stayed. With this observation and direction the Rule is made absolute. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 480.   ..

Category: Banking Law, Company Law | Date: 25 Apr, 2013 | Hits: 11

Bureau Veritas (BIVAC) Bangladesh Ltd. Vs. Customs Excise and Vat Appellate Tribunal, Dhaka and others, 2013, 42 CLC (HCD)

....also Reported in: ...... Jurisdiction) Present:  Mohammad Bazlur Rahman J Md. Ruhul Quddus J  Bureau Veritas (BIVAC) Bangladesh Ltd………………...........Appellant Vs. Customs Excise and Vat Appellate Tribunal, Dhaka and others…………...Respondents Judgment April 24, ......on (Special Original Jurisdiction) Present:  Mohammad Bazlur Rahman J Md. Ruhul Quddus J  Bureau Veritas (BIVAC) Bangladesh Ltd………………...........Appellant Vs. Customs Excise and Vat Appellate Tribunal, Dhaka and others…………...Respondents ......the Commissioner of Customs, Chittagong is set aside. Communicate the judgment and send down the records. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 24 Apr, 2013 | Hits: 186

Abdul Mukid (Md.) Vs.. Artha Rin Adalat Khulna and another, 2013, 42 CLC (HCD)

.... Artha Rin Adalat Khulna and another................Respondents Judgment  April 21, 2013 Result: The Rule is made absolute. Cases Referred to- Supreme Court of Bangladesh Vs. Md. Sufi Uddin, 6 BLC (AD) 241; Bangladesh House Building Finance Corporation Vs. Jah...... (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Sheikh Hasan Arif J Abdul Mukid (Md.)...........................Petitioner Vs. Artha Rin Adalat Khulna and another................Respondents Judgment  April 21, 2013 Result: Th......Court High Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Sheikh Hasan Arif J Abdul Mukid (Md.)...........................Petitioner Vs. Artha Rin Adalat Khulna and another................Respondents Judgment  Ap......d or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 211.         ..

Category: Corporate Law | Date: 21 Apr, 2013 | Hits: 4

Bangladesh Inland Water Transport Au¬thority (BIWTA) Vs. Bangladesh & others, 2013, 42 CLC (HCD)

....eported in: 65 DLR (HCD) (2013) 535 ...... DLR (HCD) (2013) 535 ......sion (Special Original Jurisdiction) Present: Nozrul Islam Chowdhury J Mohammad Ullah J Bangladesh Inland Water Transport Au­thority (BIWTA).............Petitioner Vs. Bangladesh & others.............Respondents Judgment April 15, 2013. &nb......ind that the instant writ petition is not maintainable. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 535 ..

Category: Constitutional Law | Date: 15 Apr, 2013 | Hits: 3