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Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)
....Judgment Md Abdul Aziz J. - This Rule has been issued at the instance of the defendant‑petitioners on an application under section 115(1) of the Code of Civil Procedure calling upon the opposite parties to show cause as to why the order dated 20‑10‑03 passed by the learned Additional Distri......accordance with law on the evidence adduced by the parties, if any. Send down the copy of this judgment and order to Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 545.......accordance with law on the evidence adduced by the parties, if any. Send down the copy of this judgment and order to Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 545...Category: Civil Law | Date: | Hits: 74
AKM Shahidul Hoque Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)
....ashid J. - The plaintiff presented the above appeal against the decree dated 30‑4‑95 passed by the Subordinate Judge, Court No. 1 at Rangpur in Money Suit No. 6 of 1993, which decreed the suit in part. The plaintiff instituted the suit for a money decree of Taka 8,34,160 for the price of work......tiff wrote to the defendant No. 1 for final bill and also for return of the earnest money. On 24‑10‑90 defendant No, 16 Executive Engineer took final measurement of the work and on 21‑11‑90 a payment certificate was issued. On 22‑5‑91 the plaintiff handed over the newly constructed Hospi......l get a decree for 2,43,505 + 3,66,225.81 = Taka 6,09,730.81 with interest at the rate of 10% from the date of the decree till realisation. Ed. This Case is also Reported in: 56 DLR (2004) 538. ..Category: Civil Law | Date: | Hits: 99
....y the Deputy Commissioner, Sylhet..................Defendant No.1-Appellant-Petitioner.
Vs.
Syed Rashid Ahmed Ehsan @ Syed Abdur Rashid and others................Plaintiff- Respondent-Opposite parties.
Judgment
August 19, 2010.
Result:
The Rule is discharged.
Cases Referred To......er of stay granted earlier by this Court stands vacated. Let a copy of the judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 49.......er of stay granted earlier by this Court stands vacated. Let a copy of the judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 49...
Category: Property Law | Date: | Hits: 64
Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)
.... 8. Further case of the petitioners are that Bangladesh has ratified UN Convention against Corruption and that the impugned Ordinance has contravened obligations of Bangladesh under UN Convention, in particular Article 30 and 31 of the convention for prosecution, adjudication, sanction, freezing, se......hority and are of no legal effect. We are grateful to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ......hority and are of no legal effect. We are grateful to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ..Category: Constitutional Law | Date: | Hits: 264
....ion of the decree. The suit is therefore not maintainable in law. They also contended that the suit was barred by principle of estoppel, waiver and acquiescence and barred by limitation and defect of parties.
8. It is their definite case that the imported ship along with scraps that would be deri......85 granted sanction to the prayer of the plaintiffs for credit facilities, Exhibit 'Ga'. In the said sanction letter, the credit limit granted was to the extent of Taka 13.337 million. Security for repayment of the loan was amongst other hypothecation of vessel MV Polyxenie and/or scraps. It was fur......d Commerce International (Overseas) Ltd. (which was then substituted by the Eastern Bank Ltd) for a credit facility of Taka 1,98,03,000 for import of an old ship for scrapping. Said Bank sanctioned a loan of Taka 1,93,19,000 by its letter dated 16‑2‑85. One of the conditions was hypothecation of..
Category: Civil Law | Date: | Hits: 92
....ion that the instant writ petition ensued from a misconceived idea of the nature, object and purpose of the VAT Act. To understand the legal provisions of the VAT Act or to ascertain the meaning of a particular section of the Act recourse should be had to all the relevant provisions of the VAT Act a......d must be paid over to the VAT authority. A credit mechanism is created under section 9(1) for a taxable person to recover the tax that has been charged on the inputs coming from business. Any excess payment of the tax only leaves that amount of money temporarily in the hands of the Government. It m...... without any order as to cost. Stay order granted earlier in respect of realisation of the disputed portion of VAT is hereby vacated.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 115.
..
Category: Fiscal/Taxation Law | Date: | Hits: 138
Animal Protection Society Chittagong Vs. Laxman Chadra Das & others, 2003, 32 CLC (HCD)
....ionment of the compensation, the Deputy Commissioner shall keep the amount of compensation in a deposit account in the Public Account of the Republic Subject to the determination of the claims of the parties. Such action of the Deputy Commissioner would deem payment of the compensation for the purpo......go by a registered deed of sale being No. 2558 dated 9‑5-51. The name of the plaintiff was finally recorded both in the PS and BS khatians. The plaintiff society all through possessed the land on payment of rents. 10. The plaintiff came to know that notice under section 3 and/or section 6 of ......he deposit account of the Public Account of the Republic as provided under section 10(2) of the Ordinance. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 522. ..Category: Property Law | Date: | Hits: 61
IFIC Bank Ltd. and others Vs. Beximco Holdings Ltd. and others, 2004, 33 CLC (HCD)
....k at the Ain for definition of the loan. The law on the point is very clear. An Act has to be read with other Act(s) whenever the Act is silent in respect of any matter. When the Act is silent on any particular point then it is permissible to look at other laws. The Bank Company Act does not appear ......ith interest and other charges. They authorised the plaintiff Nos.2 and 3 Chairman and Managing Director and Vice-Chairman and Director of the Beximco Holdings to sign and execute the guarantee for repayment of said outstanding dues for and on behalf of the Beximco Holdings. Accordingly, plaintiff N......n in the CIB report. 5. Pursuant to the summons, the defendants appeared and opposed the application by filing a written objection. They contended that plaintiff Beximco Holdings obtained advances/loans against schedule 112 accounts in the names of fictitious persons from different branches of th..Category: Civil Law | Date: | Hits: 71
Abdur Rashid Chowdhury Vs. CA Hamid and Co. Ltd. and others, 2005, 34 CLC (HCD)
....owever, opposed the application by filing an affidavit-in-opposition. 8. In the affidavit, it is stated that the company was brought into existence after taking over the business and assets of the partnership firm, C A Hamid and Company. Respondent No.3 and the petitioner were the promoters and s......he register of members of the company. Respondent No.2, Registrar, is directed to rectify the share register of the company, accordingly. Ed. This Case is also Reported in: 57 DLR (2005) 148. ......he register of members of the company. Respondent No.2, Registrar, is directed to rectify the share register of the company, accordingly. Ed. This Case is also Reported in: 57 DLR (2005) 148. ..Category: Company Law | Date: | Hits: 232
Rafiqul Alam (Md.) MD Dhaka Mercantile Co‑operative Bank Ltd. Vs. State, 2004, 33 CLC (HCD)
....priated or in certain cases he may be sentenced to an amount double the amount of loss caused to the Society. 7. Section 43 empowers the Registrar to authorise any employee of the Co‑operative Department or any other person to hold an audit of the accounts, the assets, the registers and other b...... of an audit report under section 46 or from an inquiry report under section 49 that any member of the Managing Committee or any member or employee of a Co‑operative Society intentionally makes any payment in violation of the Act or Rules or that the Society has sustained loss by reason of his act...... is hereby quashed. The petitioner is discharged from the bail bond. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 145. ..Category: Criminal Law | Date: | Hits: 89
SMA Matin Sarker Vs. Bangladesh Jute Mills Association and another, 2004, 33 CLC (HCD)
....he matter was argued and reargued by Mr. KS Nabi, the learned Advocate appearing for the petitioner, at length though not all of his submissions I have found relevant. I do not propose to incorporate part of his submissions, which I have thought to be irrelevant. Mr. Nabi submitted that the moment t...... Section of the Association to collect all legal and arrear dues accrued to him at per terms and conditions of service. It is farther contended that whenever the demand was made by the petitioner for payment of the arrear dues the respondent No.1 though admitted the liability refused to pay the same......judgment be sent to the Secretary, Ministry of Law, for his perusal and necessary action and the Secretary, Law Reforms Commission, Dhaka. Ed. This Case is also Reported in: 57 DLR (2005) 128. ..Category: Employment/Service Law | Date: | Hits: 144
.... 395 of Bangladesh Service Rules (Part‑1) are applicable and that those two fundamental rules refer to gross pension and that if any government servant receives gratuity by surrendering full or any part of his pension, it is to be considered that he is still drawing pension and that there is no sc...... cause as to why the actions taken by the respondents directing the petitioners to refund and deduct the amount granted and paid/payable to the petitioners as gratuity and net pension and withholding payment of their monthly salary/remuneration pursuant to the orders vide (i) Memo dated 17‑3‑200......already been deducted earlier, on account of pension.
In the result, this Rule Nisi is made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 113.
..
Category: Employment/Service Law | Date: | Hits: 99
....law are neither efficacious nor speedy as is available under Article 102 of the Constitution. The learned Advocate further submits that in the instant case there is no dispute as to the amount of any particular bill, rather the petitioner has obtained instant Rule for directing the respondents to pr......o. F/220 shall not be declared to have been prepared without lawful authority and is of no legal effect and why the respondent shall not be directed to prepare a bill of 91200 units and to accept the payment of the said bill forthwith.
2. The petitioner No.1, Daulatpur Ice and Cold Storage Ltd., ......1994 evidenced by Annexure 'H' to the application is declared to have been issued without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 57 DLR (2005) 109.
..
Category: Others | Date: | Hits: 135
....urer of different sizes of SPC Poles in its factory. The main consumer of the said SPC poles is the Rural Electrification Board and other public bodies. The petitioner company in course of business participated in an open tender floated by the Rural Electrification Board and became successful bidd......t of the SPC poles through Musuk-11 challan by the respondent No.6, the respondent No.5 being concerned authority prepared two lists of Musak 11 challan and other particulars for ascertaining the payment of VAT by making adjustment in the current account register. The respondent No.2 Superintend......08 (Anriexure-F) and dated 3-9-2008 (Annexure-I) are hereby declared to have been passed without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 63 DLR (2011) 61.
..
Category: Fiscal/Taxation Law | Date: | Hits: 140
Lalit Kumar Roy and 2 others Vs. Krishnapada Biswas & others, 2002, 31 CLC (HCD)
....of 1995 reversing those dated 22‑8-95 of the Subordinate Judge, Court No.1 at Bagerhat passed in Title Suit No. 54 of 1993 and in dismissing the suit. 2. The plaintiffs instituted the suit for partition simpliciter of the suit land measuring about 10.15 acres for a separate joint share of abo......se at hand deals with an alienation for legal necessity. What is legal necessity is also now settled. Legal necessity as recited in the deed of sale Exhibit A was for paying off the debts incurred in payment of rent of the estate and legal costs in litigation, and also for maintenance of the widow. ......deration to grab the suit land. Sumati ultimately, got back the patta from Kalicharan through litigation up to the Court of District Judge. In the litigations to rescue the suit land, she had to take loan. To repay the loan incurred in litigation, perform the sraddha of her husband and also to maint..Category: Property Law | Date: | Hits: 64
....tations by the petitioner, the Appellate Tribunal by its notice dated 20‑8‑2002 directed the petitioner to deposit 10% of the penalty by 25‑8-2002 otherwise the appeal would be disposed of ex parte as not acceptable. On receipt of the notice, the petitioner again on 25‑8‑2002 addressed a......
Provided that such person may, instead of depositing as aforesaid the entire amount of the penalty, deposit only fifty per cent thereof and furnish a bank Guarantee from a schedule bank for the due payment of the balance:
Provided further that where, in any particular case, the appellate author...... hence, of no legal effect. The Appellate Tribunal is hereby directed to dispose of the appeals in accordance with law as early as possible.
Ed.
This Case is also Reported in: 57 DLR (2005) 74.
..
Category: Fiscal/Taxation Law | Date: | Hits: 122
Abdur Razzaque (Md) Vs. State, 2003, 32 CLC (HCD)
.... Zubayer Rahman Chowdhury J Abdur Razzaque (Md).....Appellant Vs. State……………………………Respondent Judgment November 9, 2003. Result: The appeal is allowed in part. Cases Referred to- Gopi Shanker and others Vs. State (Rajasthan), 1967 CrLJ 922; Lahore ......ly, accused-appellant Abdur Razzaque is sentenced thereunder to suffer RI for ten (10) years. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 510. ......ly, accused-appellant Abdur Razzaque is sentenced thereunder to suffer RI for ten (10) years. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 510. ..Category: Criminal Law | Date: | Hits: 94
Karnaphuli Fertilizer Co. Ltd. Vs. Chairman, First Labour Court and another, 2002, 31 CLC (HCD)
....t any blame or stigma. The petitioner-company therefore, prayed for dismissal of the case. 4. The learned Labour Court (respondent No. 1) on consideration of the pleadings and papers filed by the parties passed the impugned order directing the petitioner-company to reinstate the respondent No. 2...... legal effect. In the circumstances, the Rule is made absolute without any order as to costs. Let the lower Court records be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 502....... legal effect. In the circumstances, the Rule is made absolute without any order as to costs. Let the lower Court records be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 502...Category: Labour and Industrial Law | Date: | Hits: 152
Noor Alam Vs. Sonali Bank and others, 2011, 40 CLC (HCD)
....ismissed with cost. 4. At the trial the plaintiff-Bank (respondent No. 1) examined as many as 4 (four) witnesses and only contesting defendant No. 3 examined in all 3(three) witnesses and both the parties exhibited a series of documents to prove their respective cases. 5. The learned Subordina......ranch against current account of the wife of the defendant No. 2 which was dishonoured twice by the Bank. In spite of repeated reminder letters issued by the plaintiff bank to the defendant No. 2 for payment against the Bank Guarantee, nothing was done. Under this facts and circumstances the plainti......m other defendant Nos. 1-2 in accordance with law. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 332...Category: Procedural Law | Date: | Hits: 107
Industrialisation Fund for Developing Countries Vs. Northern Corporation Limited, 2010, 39 CLC (HCD)
....rrower ". It is noted that the Opposite Party and Borrower companies have common shareholders and directors. 3. Pursuant to Article 14 of the Loan Agreement, the Opposite Party provided a third party on-demand irrevocable and unconditional corporate guarantee in the form of a Guarantee Agreeme......ereunder in the form of a Guarantee provided by the Local Partner ("LP"), i.e., the Opposite Party Northern Corporation Limited, also a Bangladeshi entity: "Article 14. Guarantee.- 1. The due repayment of principal, and payment of interest to the Fund on the Loan, and of all other charges or a......t") for appointment of an arbitrator. 2. The Petitioner, The Industrialization Fund for Developing Countries ("IFU" or "Fund" as necessary) in due course of its operations provided a Euro 210,000/-loan to a Bangladeshi entity named Comfort Wear International Limited ("Borrower") under a Loan Agre..Category: Alternative Dispute Resolution | Date: | Hits: 222
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