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SM Nasirul Haque Vs. Omar Faruque Chowdhury and others, 2001, 30 CLC (HCD)

....are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ......re raised of which the moot issue was whether the preemptor is a co-sharer in the disputed jote. 10. One witness each was examined on behalf of the preemptor and opposite party No.1. Number of documents was produced by both the parties, which were marked as exhibits. 11. The learned Su..

Category: Property Law | Date: | Hits: 39

Micro Industries Development Assistance Society (MIDAS) Vs. Commissioner of Taxes, 2001, 30 CLC (HCD)

....mulated in both the reference applications are answered in the negative and in favour of the assessee. There will be no order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 168.......mulated in both the reference applications are answered in the negative and in favour of the assessee. There will be no order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 168...

Category: Fiscal/Taxation Law | Date: | Hits: 65

Sew Bishar Prasad Vs. Collector of Customs, Chittagong and others, 2001, 30 CLC (HCD)

....ustoms Act according to the normal value of the goods which is also called market value as incorporated in the bill of entry and the invoice. The Commissioner of Customs is directed to release the bank guarantees furnished by the petitioner in terms of the Rule within 15 days from the date of rec......f the goods, the clearing Agent of the petitioner submitted the bill of entry for releasing the goods’ after assessment of customs duty at the aforesaid rate of the value as shown in the papers and documents of the petitioner importer. But the respondent No.3 by his order dated 6-5-95 directed the..

Category: Fiscal/Taxation Law | Date: | Hits: 83

Rajdhani Unnayan Kartripakkha (RAJUK) Vs. MN Alam and Associates Ltd. and another, 2001, 30 CLC (HCD)

.... and order of the trial Court are affirmed. We direct that the parties will bear their own costs. Send down the LCR, if any, immediately. Ed. This Case is also Reported in: 54 DLR (2002) 161....... under section 14(2) of the Arbitration Act. 1940 the suit is not maintainable in its present form on the ground that the plaintiff did not file signed copy of award together with any depositions and documents which may have been taken and proved before them to be filed in Court, and the Court shall..

Category: Alternative Dispute Resolution | Date: | Hits: 196

Nazim Habibuzzaman Vs. World Bank & others, 2001, 30 CLC (HCD)

....ble to be rejected in limine. In the result, the appeal is dismissed but without any order at to cost. Send down the records forthwith. Ed. This Case is also Reported in: 54 DLR (2002) 159.......ble to be rejected in limine. In the result, the appeal is dismissed but without any order at to cost. Send down the records forthwith. Ed. This Case is also Reported in: 54 DLR (2002) 159...

Category: Others | Date: | Hits: 79

M Tariqullah Sikder Vs. Sonali Bank, 2005, 34 CLC (HCD)

....-4-2002 and 25-4-2002 passed by the court below are affirmed. Civil Rule No. 705(F)/2003 be accordingly, discharged. Copy be sent down. Ed. This Case is also Reported in: 59 DLR (2007) 695. ......-4-2002 and 25-4-2002 passed by the court below are affirmed. Civil Rule No. 705(F)/2003 be accordingly, discharged. Copy be sent down. Ed. This Case is also Reported in: 59 DLR (2007) 695. ..

Category: Civil Law | Date: | Hits: 92

Abdur Rahman Vs. State, represented by Deputy Commissioner, 2006, 35 CLC (HCD)

....nding before the Metropolitan Magistrate, Chittagong, is hereby quashed. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 683. ...... Sen Gupta as defendants praying for Specific Performance of Contract dated 18-8-1996. It further appears from Annexure-D(2), which is the certified copy of the firisti form related to filing of some documents in Other Class Suit No, 49 of 1998, pending in the Court of Subordinate Judge, First Court..

Category: Criminal Law | Date: | Hits: 43

State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)

....gment. 2. The prosecution case, in brief, is that on 26-8-2000 at 3-30 PM while deceased Rasel Bhui­yan was gossiping with Sharif and Swapan sitting on a bench to the western side of the southern bank of the tank in his own park named Rasel Park, accused Almas, Aurango alias Anga, Taher alias Ta......absconding accused Ali Hasib Bin Jamal @ Hasib, Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ..

Category: Criminal Law | Date: | Hits: 40

Ali Ashraf Mia Vs. Chairman, First Court of Settle­ment and others, 2006, 35 CLC (HCD)

....interference by this Court. Accordingly, both the aforesaid Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 640. ......ana, an SI of police, was given allotment of the property and she has been paying rent for the same and residing there till date. It has been further stated that the petitioner has created some false documents in respect of the case property and obtained ex parte decree from the court for specific p..

Category: Property Law | Date: | Hits: 39

Commissioner of Taxes Vs. Prime Bank Ltd., 2007, 36 CLC (HCD)

....missioner of Taxes adding so-called capital loss of Taka 18,15,67,643 to the total income of the respondent assessee and restored that of the Deputy Commissioner of Taxes. 2. The assessee is a banking company and was accordingly incorporated in Bangladesh. It submitted its income tax return f......peal to Appellate Division under section 162 of the Ordinance is rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ..

Category: Fiscal/Taxation Law | Date: | Hits: 82

Abdur Rashid Miah and another Vs. Md. Zami Shah Newaz and others, 2007, 36 CLC (HCD)

....h above modification that the contentious signatures or writings are to be examined with admitted signatures. Ed. This Case is also Reported in: 59 DLR (2007) 625; 13 MLR (HCD) (2008) 317. ...... 4-1-­2000 the petitioners filed written objection stating,inter alia, that the appellants-opposite parties did not pray for comparison of the signature and thumb impression put in the disputed documents in the trial Court and that the learned trial Court decided the documents to be genuine an..

Category: Property Law | Date: | Hits: 32

Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....d in the statute." In other words, upon obtaining a judgment and decree passed by a court of law on proving its claim in accordance with law accrues a Substantive right in favour of the decree holder-bank or financial institution to have the decree executed through the process of law. There­fore, "......rtificate under section 33(5) of the Ain in Writ Petition No. 6732 of 2004 are made absolute. However, there will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 615...

Category: Constitutional Law | Date: | Hits: 168

Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....Mr. Ahmed submits, section 60(3) of the Ain, 2003 clearly manifested the intention of the legislature that pending suits are to be governed by the new Ain. As such, the statute enables the respondent bank to claim interest as part of the prin­cipal loan amount. Hence, the respondent bank did not ac......d by the petitioner-Company the plaintiff-Bank sanctioned overdraft credit facilities to the tune of Taka 7,00,00,000. The petitioner-company on availing the said overdraft facilities executed charge documents, irrevocable general power of attorney and letter of guarantee as securities against the s..

Category: Others | Date: | Hits: 104

Integrated Services Ltd. Vs. Commissioner (Current Charges), Customs and others, 2007, 36 CLC (HCD)

....legal effect. The respon­dents are directed to refund the, detained non-adhesive share transfer stamps by 24th day of May, 2007, positively. Ed. This Case is also Reported in: 59 DLR (2007) 597.......n 18-10-2004 to the res­pondent No. 1 and requested for return of the detained stamps, Then, an Assistant Commissioner on behalf of respondent No. 1 asked the petitioner to appear with all necessary documents before respon­dent for personal hearing. Thereafter, the petitioner on 27-10-2004 sent a ..

Category: Business or Commercial Law | Date: | Hits: 178

Manzu Sweeper Vs. State, 2005, 34 CLC (HCD)

.... a copy of the judgment for information and taking necessary action.  Ed.  This Case is also Reported in: 59 DLR (2007) 593; 13 MLR (HCD) (2008) 417.       ...... a copy of the judgment for information and taking necessary action.  Ed.  This Case is also Reported in: 59 DLR (2007) 593; 13 MLR (HCD) (2008) 417.       ..

Category: Criminal Law | Date: | Hits: 40

Mofidul Haque (Md) Vs. Bangladesh, 2006, 35 CLC (HCD)

...., there is no merit in this appeal. The appeal must fail. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 588. ......ntication and registration the document cannot be said to be a fabricated docu­ment. Furthermore, no objection was initially taken by the appellant before the Tribunal about the admissibility of the documents filed under the affidavit sworn by the partner of the company, as it appears from the impu..

Category: Intellectual Property Law | Date: | Hits: 198

Oriental Bank Ltd. Vs. Sitara Siddiq, 2007, 36 CLC (HCD)

....s Ltd and a further declaration that she is entitled to get back her documents of properties as, described in the plaint. Further, she prayed for mandatory injunc­tion against the present petitioner bank for giving delivery of the original documents to her. In this suit, the petitioner bank appeare......Court of the Joint District Judge, 5th Court, Dhaka, for declaration that she has no liabilities on account of Messrs Pan Asia Lines Ltd and a further declaration that she is entitled to get back her documents of properties as, described in the plaint. Further, she prayed for mandatory injunc­tion ..

Category: Civil Law | Date: | Hits: 82

Aziz Hasan and others Vs. Bangladesh, 2007, 36 CLC (HCD)

....d directions issued by this Division, the petitioners got release of their respective goods on payment of the duty and other charges on the basis of exemption of duty above 15% in cash and furnishing bank guarantee(s) for the balance between the two rates of exemption. 5. Dr. M. Zahir, learn...... not pay in cash the amount of money covered by respective bank guarantees within a period of thirty days of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 563. ..

Category: Fiscal/Taxation Law | Date: | Hits: 64

Muhaiminul Hasan Khan Vs. Md. Nurul Islam Khan and others, 2001, 30 CLC (HCD)

....fresh and dispose of the original application for succession certificate in the light of above observations. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002)156.......sion certificate on behalf of the minor son. 4. In support of their respective cases, Sarwat Jahan examined herself only as a witness and similarly, opposite party No. 1 examined himself Number of documents were adduced by the parties, which were marked as exhibits. 5. On consideration of the ..

Category: Property Law | Date: | Hits: 36

Pubali Bank Limited Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)

....t the word “final” means not appelable but open to revision. 12. In the case of Sonali Bank Vs. MS Ali Tannery reported in 48 DLR 57, by the order impugned therein, the prayer of the plaintiff bank for rejection of the counter-claim made by the defendant was disallowed. The High Court Divisio......ost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 144. ..

Category: Procedural Law | Date: | Hits: 67