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Commissioner of Customs and another Vs. Equity Construction Pvt. Ltd., 2012, 41 CLC (AD)

....as under: "I. Because, the goods in question imported by the petitioner showing for construction business under clause 24.10 of the Import Policy order, 2003-2006, which is not applicable to the Commercial Importer as per Notification dated 25th January, 2005 issued by the Ministry of Commerce ......extended till disposal of the appeal. Let this appeal be heard along with the appeals arising out of C.P. Nos. 1396-1397 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 876. ...... Md. Shamsul Huda J The Commissioner of Customs, Customs House (Import), Chittagong and another.................................................Petitioners Vs. Equity Construction Pvt. Ltd......................Respondent Order March 15, 2012. Result: Leave is gran..

Category: Fiscal/Taxation Law | Date: 15 Mar, 2012 | Hits: 87

Industrial Promotion and Development of Bangladesh Limited (IPDC) and another Vs. Mrs. Mohsina Rahman and others, 2012, 41 CLC (AD)

....r to make the appeal ready for hearing. This appeal will be heard along with Civil Appeal Nos.307 of 2008 and 447 of 2007 for hearing. Ed. This Case is also Reported in: 9 ADC (2012) 865. ......lities of Tk.20.00 crore including Tk.9.00 crore which had already been dis­bursed in favour of the writ respondent No.9, who agreed to mortgage some prop­erties in favour of Shahjalal Islami Bank Limited and on 17th August,2005 by a let­ter the writ respondent No.7 agreed to consider th......of Credit Information Bureau (CIB) maintained by the writ respondent Nos.2-6 treating her as defaulter of loan under borrower Code No.161447. She claimed that she is the Chairman Meghna Insurance Co. Ltd. and operating her busi­ness for a long time with reputation. On 21st May, 2003, the writ re..

Category: Banking Law | Date: 12 Mar, 2012 | Hits: 7

Noor Jahan Begum Vs. Chairman, BSCIC and others, 2012, 41 CLC (HCD)

.... No.1022 (F) of 2005 is accordingly discharged. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 12.  ......actory buil­ding and imported machineries from abroad to the tune of Taka 16,00,000, appointed emplo­yees, workers and thereafter, he produced spices to the tune of Taka 1 crore and repay the Bank loan and continued in business but defen­dant BSIC although received entire payment but did...... No.1022 (F) of 2005 is accordingly discharged. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 12.  ..

Category: Civil Law | Date: 12 Mar, 2012 | Hits: 10

Shahidur Rahman Khadem Vs. State and others, 2012, 41 CLC (AD)

.... appeal below. These petitions are disposed of with the above observa­tions and reduction of the sentences of fine as above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 103. ...... appeal below. These petitions are disposed of with the above observa­tions and reduction of the sentences of fine as above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 103. ...... appeal below. These petitions are disposed of with the above observa­tions and reduction of the sentences of fine as above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 103. ..

Category: Criminal Law | Date: 12 Mar, 2012 | Hits: 122

Abdul Wahab Sheikh Vs. Md. Kamal Hossain alias Md. Kalam Hossain & Others, 2012, 41 CLC (AD)

....n (2) of Section 29 of the Limitation Act have made it very clear. However, this appeal is disposed of with the above observations. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 282. ......ebruary, 2009. That after holding of the election, the petitioner came to know that the opposite party No.1 was a guarantor for the loan obtained by his father in Loan Case No.318 of 1998 from Sonali Bank Limited, Patgati Branch, Tungipara, Gopalgonj, but his father died in the same year without pay......n (2) of Section 29 of the Limitation Act have made it very clear. However, this appeal is disposed of with the above observations. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 282. ..

Category: Limitation Law | Date: 3 Mar, 2012 | Hits: 208

M/s. Sadharan Bima Corporation Vs. United Fish Exports Limited and others, 2012, 41 CLC (AD)

....t that there is no merit in these Civil Petitions for leave to appeal and in the circumstances both the civil petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 563. ......as a private limited company incorporated on 31st December, 1987 and had been carry­ing on fish processing and exporting busi­ness since 1988 at huge expenses with the financial help of M/S. Janata Bank. That the plaintiff insured their plaint and factory machineries as well as stock of frozen fis......e insurer for pay­ment of coverage under DOS and MBD policies to the plaintiff. The insurer by let­ter dated 24.05.1992 informed the plaintiff with respect to the appointment of M/s. Asian Surveyor Ltd. for ascertaining the damage and the compensation thereof. The insurer further requested the pla..

Category: Business or Commercial Law | Date: 26 Feb, 2012 | Hits: 616

Mamun-ur-Rashid (Md.) Vs. Secretary, Ministry of Law and others, 2012, 41 CLC (HCD)

....rlier by this Division at the time of issuing of the rule is hereby vacated and recalled. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 162.   ......, Ministry of Law and others............Respondents Judgment  February 23, 2012. Result: The Rule is discharged. Cases Referred to- Haji MA Razzaque Vs. Bangladesh Bank and another, writ petition No.9231 of 2010. Lawyers Involved: ATM Mizanur Rahman, Adv......l authority and is of no legal effect. 2. The petitioner is owner and proprietor of M/s Saimon Enterprise a business firm having countrywide representatives. The respondent No.3, South-East Bank Ltd. represented by its Managing Director is commercial Bank created and established under the Banki..

Category: Civil Law, Procedural Law | Date: 23 Feb, 2012 | Hits: 7

Sonali Bank Vs. Habib Medical Store and Others, 2012, 41 CLC (HCD)

....dismissed without any order as to cost. Send down the LC record with a copy of the judgment at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 73     ......CD) (2016) 73     ......dismissed without any order as to cost. Send down the LC record with a copy of the judgment at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 73     ..

Category: Banking Law | Date: 14 Feb, 2012 | Hits: 0

Md. Abul Kashem Vs. Mahmudul Hasan @ Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)

....terprise Limited, not only impleaded Bangladesh Bank as one of the respondents but also inpleaded the General Manager Credit Information Bureau(CIB) Bangladesh Bank, Bangladesh Bank Bhaban, Motijheel Commercial Area and the Sonali Bank, Corporate Branch, Bangabandhu Avenue Dhaka as two other respond......ons and information about disqualification of the appellant on two counts, namely default in paying bank loan and telephone bills. The first source was a letter dated 30.11.2008 issued by the Sonali Bank Limited, Bango Bhandhu Avenue, Corporate Branch, Dhaka(Respondent No.7) under memo No.BBA/GAD-1......omination paper of the appellant. 7. In respect of loan of the Sonali Bank and the relevant CIB report, his case is that he did not take any personal loan from the Sonali Bank; rather MAQ Enterprise Ltd., a public limited company, took some loan from the Sonali Bank, Corporate Branch, Bango Bandhu ..

Category: Election Law | Date: 14 Feb, 2012 | Hits: 262

Grameen Phone Ltd Vs. Bangladesh Telecommunication Regulatory Commission (BTRC) and others, 2012, 41 CLC (HCD)

....one should immediately pay, if not paid already, the fees, charges and VAT to the concerned authorities in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 401. ......one should immediately pay, if not paid already, the fees, charges and VAT to the concerned authorities in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 401. ...... BLC (HCD) (2013) 401. ..

Category: Fiscal/Taxation Law, Information Technology Law | Date: 13 Feb, 2012 | Hits: 15

Human Rights and Peace for Bangladesh (HRPB) Vs. The Mayor, Dhaka City Corporation and others, 2012, 41 CLC (HCD)

....can be treated as a public interest litigation, and the necessity of swearing any affidavit can be dispensed with. The office is directed accordingly. Ed. This Case is also Reported in:......can be treated as a public interest litigation, and the necessity of swearing any affidavit can be dispensed with. The office is directed accordingly. Ed. This Case is also Reported in:......can be treated as a public interest litigation, and the necessity of swearing any affidavit can be dispensed with. The office is directed accordingly. Ed. This Case is also Reported in:..

Category: Constitutional Law | Date: 2 Feb, 2012 | Hits: 15

Abdur Razzak Vs. State, 2012, 41 CLC (HCD)

....dgment and Order to the learned Divisional Special Judge, Dhaka and another copy to the Chairman of Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 192. ......r Fazlul Hoque Pathan on 3-3-1987 lodged the FIR alleging that one Utpal Chowdhury fraudulently deposited, as security, some fake gold pieces measuring 13 tola 15 Anna with the Ramna Branch of Sonali Bank, Dhaka and obtained a loan of Taka 18,000. Later on the impu­rity of the gold was detected ......dgment and Order to the learned Divisional Special Judge, Dhaka and another copy to the Chairman of Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 192. ..

Category: Anti-Corruption Laws | Date: 2 Feb, 2012 | Hits: 134

Mosharref Hossain Vs. Governor, Bangladesh Bank and others, 2012, 41 CLC (AD)

....ense. In view of the above discussions, we do not find any merit in the review petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 263. ......ed Mahmud Hossain J Mr Muhammad Imman Ali J Md. Shamsul Huda J Mosharref Hossain………………………………………………………Petitioner Vs. The Governor, Bangladesh Bank and others…………………………………………Respondents Judgment January 2......ense. In view of the above discussions, we do not find any merit in the review petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 263. ..

Category: Banking Law | Date: 26 Jan, 2012 | Hits: 148

Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)

....the supplementary agreement dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ......as agreed to develop the same by constructing a G+5 storied building having with moderns amenities by spending his own money or with the help of advance money taken from buyers or by taking loan from Bank or Financial Institution. The developer shall sell flats to buyers after keeping 50% flats for ......the supplementary agreement dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ..

Category: Property Law | Date: 22 Jan, 2012 | Hits: 87

Warid Telecom International Ltd Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)

....and Order. In the result, the appeal is allowed with aforesaid direction. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 188.   ...... the appellant paid customs duty Taka 78,20,555.25 under HS Code No.8471.80.00 and excess duty for the dif­ference of the duty between the HS Code No.8471.80.00 and HS Code No. 8517.80.00 through Bank Guarantee No.LG/DHK/BAF/0035/2006 dated 19-10-2006 for Taka 4,92,35,353.00, which was duly acce......13) 188.   ..

Category: Fiscal/Taxation Law, Information Technology Law | Date: 18 Jan, 2012 | Hits: 8

Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)

....t. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Mustafa Zaman Islam J. - I agree. Ed. This Case is also Reported in: ......ivision (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J Amzad Hossain……….........................Petitioner Vs. Bangladesh Bank and others.............Respondents Judgment January 18, 2012. Result: The R.................Respondents Judgment January 18, 2012. Result: The Rule is discharged. Cases Referred to- Bangladesh vs. Tajul Islam, 49 DLR (AD) 177; Bangladesh Telecom Pvt. Ltd. Vs. Bangladesh T & T Board and others, 48 DLR (AD) 20; Chittagong Medical Vs. Shahrayer Mur..

Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179

Shamsuddin Ahmed & others Vs. City Bank Ltd., 2012, 41 CLC (HCD)

....f 2008 are dismissed with these observation. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 30.       ......vision (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J AKM Zahirul Hoque J Shamsuddin Ahmed & others .....................Appellants Vs. City Bank Ltd. and others…………………………......n (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J AKM Zahirul Hoque J Shamsuddin Ahmed & others .....................Appellants Vs. City Bank Ltd. and others…………………………&hell..

Category: Civil Law | Date: 15 Jan, 2012 | Hits: 4

Dr. Anowar Hossain Vs. Reya Builders and Engi¬neers Ltd, 2012, 41 CLC (HCD)

....of accordingly. The order of stay granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 152     ......of accordingly. The order of stay granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 152     ...... Present: Md. Nuruzzaman J Quazi Reza-ul Haque J   Dr. Anowar Hossain………………..Appellant Vs. Reya Builders and Engi­neers Ltd................Respondent Judgment January 12, 2012. Result: The Appeal is a..

Category: Arbitration Law | Date: 12 Jan, 2012 | Hits: 7

Millennium Holdings Limited Vs. Hilton International Co., 2012, 41 CLC (HCD)

.... interim order dated 24.8.2011 and the petition under Section 7(a) of the Arbitration Act, 2001 is rejected. However, there shall be no order as to costs. Ed. This Case is also Reported in: ...... interim order dated 24.8.2011 and the petition under Section 7(a) of the Arbitration Act, 2001 is rejected. However, there shall be no order as to costs. Ed. This Case is also Reported in: ...... interim order dated 24.8.2011 and the petition under Section 7(a) of the Arbitration Act, 2001 is rejected. However, there shall be no order as to costs. Ed. This Case is also Reported in: ..

Category: Arbitration Law | Date: 10 Jan, 2012 | Hits: 45

SS Enterprise Vs. Government of Bangladesh others, 2012, 41 CLC (HCD)

....tioner to represent his case properly. With this observation the Rule is disposed of. Communicate this order at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 86. ...... the release of the imported goods on furnishing a continuing bank Guarantee for the differential amount and accordingly the petitioner vide Annexure- 'K' to the Supplementary Affidavit furnished the Bank Guarantee and got the goods released and thereafter as per law he placed his case before the re......tioner to represent his case properly. With this observation the Rule is disposed of. Communicate this order at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 86. ..

Category: Business or Commercial Law | Date: 10 Jan, 2012 | Hits: 102