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Banesa Bibi Vs. The Senior Vice-President and others, 2009, 38 CLC (AD)

....nd that the mortgagee bank sold the property in auction violating the terms of the loan in that the period for adjustment of loan was 10 years but the property has been auction-sold much earlier then stipulated period and that the High Court Division failed to consider that the auction sale took pla...... shockingly low value alleging the value of the property was around Tk. 50000/- in the year 2004 and that the bank has filed the suit in violation of the terms of the loan inasmuch as the loan refund period was extended for 10 years payable in monthly installments effective from July 2003. 3. The..

Category: Civil Law | Date: | Hits: 81

Azimul Kabir (Md) Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)

....officials to take proper and adequate care and caution to ascertain that there are materials justifying the passing of an order of detention. Ed. This Case is also Reported in: 54 DLR (2002) 189....... detention under section 3(2) of the Special Powers Act, 1974 was served upon him on 17-4- 2001 signed by the District Magistrate, Dhaka dated 4-4-2001 and the detenu was ordered to be detained for a period of 30 days from the date of service of the order of detention (Annexure-A) The grounds of det..

Category: Criminal Law | Date: | Hits: 45

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.......th, namely: (a) such person specifies, by notice in writing given to the income tax officer in the prescribed manner, the purpose for which the income is being accumulated or set apart and the period for which the income is be accumulated or set apart, which shall in no case exceed ten years;..

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

Wahidul Haque Vs. Bangladesh and others, 2002, 31 CLC (HCD)

....bservation made in the body of this judgment. Send copies of this judgment to respondent Nos. 1-5 for proper guidance and necessary action. Ed. This Case is also Reported in: 54 DLR (2002)165.......ke decision as to whether it will prefer any appeal or avail any other legal course against that judgment or whether that judgment will be given effect to, But for taking this decision, an indefinite period cannot be allowed. The government must take this decision within a reasonable period which ma..

Category: Property Law | Date: | Hits: 38

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.......ner of this revisional application appeared before the Court on 3-2-1999 and after taking several adjournments filed the written objection on 28-3-2000 which, according to Mr. MA Samad, is beyond the period of 30 days and governed by Article 158 of the Limitation Act and the learned Subordinate Judg..

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

Modern Cold Storage Ltd. Vs. Secretary, Ministry of Energy & Mineral Resource and others, 2006, 35 CLC (HCD)

....and are of no legal effect. The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 690.......-1996 otherwise the electric line with the petitioner would be disconnected. On the contrary, the respondents contended that the meter in question was made defective by tampering and since during the period under the aforesaid penal bill the meter was running slow by 6.38% the bill in question was p..

Category: Others | Date: | Hits: 131

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

....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. ....... He did not come to the canteen for next 7/8 days. His house was at a little distance from the park. Nope of the brothers of Rasel and the employees of the park or any police went to him within that period. He denied the suggestion that at the instance of the brothers of Rasel unidentified assailan..

Category: Criminal Law | Date: | Hits: 40

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

....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.......nce, both oral as well as documentary, decreed the suit on contest against the defendants-petitioners on 31-7-07. Due to failure of the defendants to pay off the decretal amount within the prescribed period of time the decree-holder Bank initiated Money Execution Case No. 26 of 2002. Meanwhile, due ..

Category: Constitutional Law | Date: | Hits: 168

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

....sult, Rules in Writ Petition Nos. 6579 of 2004 and 6057 of 2005 are discharged with­out any order as to costs.Stay granted earlier stands vacated.Ed.This Case is also Reported in: 59 DLR (2007) 601. ......erty given as security against such loan, sanctioned against back to back Letter of Credit in order to export readymade garments. However, having defaulted in paying up the loan within the prescribed period of time cul­minated in filing the said mortgage suit under the Artha Rin Adalat Ain, 1990. S..

Category: Others | Date: | Hits: 104

Namita Rani Biswas and others Vs. Rabindra Nath Majhi and others, 2007, 36 CLC (HCD)

....arned District Judge, Khulna is set aside and restored the grant of Letter of Administration. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 579. ...... from the list of Enemy Property. Subsequently the property was released. The appellant No. 1 on the strength of Letter of Administration transferred some lands in favour of the appellants during the period between 1981 and 1986. They have been possessing the bequeathed property peacefully, that the..

Category: Property Law | Date: | Hits: 68

Sylhet Gas Fields Ltd. Vs. Chairman, 2nd Labour Court and another, 2007, 36 CLC (HCD)

....ischarged on contest without any order as to cost. The stay order passed at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 576. ......the provisions of sub-section (1) in consideration of any extenuating circumstances, may be discharged, or suspended, as a measure of punishment, without wages as well as subsistence allowance, for a period not exceeding seven days and such period may be within or in addition to the period of the su..

Category: Labour and Industrial Law | Date: | Hits: 114

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

.... 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. ......rged with cost. The Customs Authority shall be at liberty to encash the bank guarantees if the petitioners do 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 ..

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

Enamul Haq (Md) Vs. Jatiyo Bishwabiddalay and others, 2007, 36 CLC (HCD)

....oner almost on every working day tried to get his joining letter accepted but failed. Therefore, the petitioner became suspicious about the ill motive of the authority. 4. As the period of joining stipulated in the letter of appointment was going to expire the petitioner sent his joining letter o......them. The peti­tioner almost on every working day tried to get his joining letter accepted but failed. Therefore, the petitioner became suspicious about the ill motive of the authority. 4. As the period of joining stipulated in the letter of appointment was going to expire the petitioner sent hi..

Category: Employment/Service Law | Date: | Hits: 65

Bura Yunus and others Vs. State, 2007, 36 CLC (HCD)

.... the charge under section 399 of the Penal Code. The appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 59 DLR (2007) 549.......9, of which section 239 is relevant for our consi­deration, is not to cause undue harassment or confusion to the accused persons by giving evidence of a large number of items covering an unduly long period. And that would have also saved Court's valuable time. The simple prosecution case is that ac..

Category: Criminal Law | Date: | Hits: 90

Shafique Ullah (Md) Vs. Chairman, Rupali Bank Ltd. and others, 2006, 35 CLC (HCD)

....e Appeal No. 621 of 2000 is hereby affirmed. Send down the lower Court's records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 546.......n the instant case, the right to sue accrued on 24-5-1993 when the petitioner got acquittal of the criminal charge by this court in the Criminal Appeal. Thus, the suit was filed within the prescribed period and, as such, not barred by limitation. The appellate Court being misconceived wrongly counte..

Category: Criminal Law | Date: | Hits: 29

Birendra Chandra Das Vs. Samir Ghosh and others, 2007, 36 CLC (HCD)

....ssessed at Taka 5,000,00. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 545. ......vent the plaintiff from exhibiting cinema in exercise of right under the licence. Trial Court no doubt, erred in granting such prayer for ad interim injunction without notice to the plaintiff after a period of seven months of making the application for temporary injunction. Appellate Court below has..

Category: Civil Law | Date: | Hits: 93

Mahmudur Rahman and another Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)

....d to have been made without lawful authority and is of no legal effect There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 540; 13 MLR (HCD) (2008) 353. ......borrower. This is to give pro­tection to the guarantor. Similarly, if a person stands guarantee for a loan disbursed to a borrower and if the borrower fails to repay the loan within the stipu­lated period or even to keep up with the installments the borrower's name may be included in the CIB list ..

Category: Banking Law | Date: | Hits: 124

Dr. Md. Golam Hossain Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....s the Rule having no merit fails. In the result, the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 533. ...... that on 10­-2-2005 the petitioner was posted as Civil Surgeon at Jhenidah. He was functioning with the best satis­faction of the concerned authority, in such situation, before expiry of his normal period of 3(three) years, posting at Jhenidah, the order of transfer is unwar­ranted, malafide and,..

Category: Employment/Service Law | Date: | Hits: 89

Shamshad Asif Vs. Additional District Judge and others, 1999, 28 CLC (HCD)

....ules are discharged with cost at the rate of Taka 1,000.00 to be paid by the petitioner of each Rule to the contesting respondent No.2. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 138.......that no order of adjudication should be made. Explanation.— In this sub-section ‘wilful defaulter’ means a debtor who is liable for bank debt in excess of Taka. 5, 00,000.00 (five lac) for a period of at least one year after the issue of formal demand. 2. In the case of a plaint presente..

Category: Civil Law | Date: | Hits: 78

Jamal Uddin Ahmed Vs. Abdul Haque and another, 2002, 31 CLC (HCD)

....818 as of the date 30th September, 1993, in Class‑6 in respect of CI. Fittings, is cancelled. In the result, the petition is allowed. Ed. This Case is also Reported in: 55 DLR (2003) 102. ......he trade mark 'Lucky' was accorded on 15th December, 1999, in Class‑6 in respect of CI. Fittings including tubewell. The said registration, by an order dated 9‑3‑2000, was renewed for a further period of 15 (fifteen) years, with effect from 30th September, 2000. Thereafter, it appears that in..

Category: Intellectual Property Law | Date: | Hits: 175