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Hasan Chowdhury (Md.) Vs. Bangladesh Bank and others, 2013, 42 CLC (HCD)
....pon the respondents to show cause as to why the inaction of the respondents Nos. 1-5 as regulatory authority in respect of non-payment of the documentary bill under the Inland L/C No. 1810-12-99-0027 dated 25-4-2012 (Annexure -A) issued by the respondent No. 6 Manager, Standard Bank Ltd., in favour ......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. ......JIT Knit Composite Ltd Vs. Government of Bangladesh 18 BLC 480. Lawyers Involved: Rokonuddin Mahmud, Senior Advocate Mizan Sayeed, Advocates—For the Petitioner Khurshid Alam Khan for Nahid Mahtab, Advocate— For Respondent No. 3 AKM Shafiqul Alam with Binta Alam, Advoc..Category: Banking Law | Date: 2 May, 2013 | Hits: 3
Sheikh Shahadat Hossain (Md.) Vs. National Board of Revenue, and others, 2013, 42 CLC (HCD)
....ssain, proprietor of M/s Shahadat Hossain, Seuzgari, Bogra, was proceeded against for alleged importation of excess wheats from India through Hilli Station, Dinajpur under Bill of Entry No. 4667 dated 11-6-2005 and Bill of Entry No. 48/72 dated 21-6-2005, EXP No. 2292 dated 10-6-2005 being cove......section 196D is quoted below: "196D. Appeal to the High Court Division:—The Commissioner of Customs or the other party may, within ninety days of the date upon which he is served with notice of an order under section 196B by an application prefer an appeal to the High Court Division ......e. AMAminuddin, Advocate, as Intervenes. Customs Appeal No.17 of 2008. Judgment Sheikh Hassan Arif J.— Since the core principles of law raised and to be settled in the aforesaid customs appeals are similar, namely the maintainability of the said appeals before the..Category: Fiscal/Taxation Law | Date: 25 Apr, 2013 | Hits: 2
JIT Knit Composite Ltd Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
.... be directed to do what is required by law and pass necessary orders upon the respondent Nos.3-7 under section 45 of the Bank Companies Act, 1991 for consideration of the petitioner's application dated 22-7-2012 for extension of Moratorium period for one year from the date of Gas connection alon......the bank at the time of issuing Rule no ad-interim order was passed by the this Division. Now Mr. Bashir Ahmed the learned Counsel appearing for the petitioner by filling an application brings to our notice that Artha Jari Case No.46 of 2012 has already been started and pending before the 4th Artha ......nk Bhaban, Dhaka to show cause as to why it should not be directed to do what is required by law and pass necessary orders upon the respondent Nos.3-7 under section 45 of the Bank Companies Act, 1991 for consideration of the petitioner's application dated 22-7-2012 for extension of Moratorium pe..Category: Banking Law, Company Law | Date: 25 Apr, 2013 | Hits: 11
....dus J. - This appeal under section 196D of the Customs Act, 1969 at the instance of Bureau Veritas Bangladesh Ltd., a Pre-shipment Inspection Agent, has been preferred against judgment and order dated 08.07.2008 passed by the Customs, Excise and VAT Appellate Tribunal, Dhaka in an appeal being ......de taking the plea that the commercial description of the goods was ‘acrylic polymer in primary form’ classified actually under H. S. Code No.3906.90.00. Subsequently the Customs authority issued notice dated 12.01.2003 asking the appellant to show cause as to why action should not be taken agai......416/2003 dismissing the same and thereby affirming order No. 252 dated 01.04.2003 passed by the Commissioner of Customs, Chittagong.
2. Facts giving rise to the appeal, in brief, are that the proforma-respondent M/S Dysin Chemical Ltd. imported some finishing agent for textile industries from T..
Category: Fiscal/Taxation Law | Date: 24 Apr, 2013 | Hits: 186
....necessary. Therefore, on our direction it has been placed in the list on 18-4-2013 for re-hearing and after hearing both sides we deliver the judgment as under, upon recalling the unsigned order dated 26-2-2013.
2. This rule is directed against order No.32 dated 4-4-2012 passed in Money Ex...... did not assign any reason which was expected of him rather in a slipshod manner the order has been passed presumably in view of sub-rule (2) of Rule 58 of Order, XXI. It has also been brought to our notice. by way of supplementary affidavit that the land in question was not only gifted in favour of......Judgment
Nozrul Islam Chowdhury J. - This rule was heard and it was discharged on 26-2-2013, after going through the typed copy of the judgment it transpires that a re-hearing is necessary. Therefore, on our direction it has been placed in the list on 18-4-2013 for re-hearing and after hear..
Category: Civil Law, Procedural Law | Date: 18 Apr, 2013 | Hits: 2
Bangladesh Inland Water Transport Au¬thority (BIWTA) Vs. Bangladesh & others, 2013, 42 CLC (HCD)
....No. 5. Writ Petition No. 7821 of 2012. Judgment a Nozrul Islam Chowdhury J.— This Rule Nisi is directed against a tender notification vide a memo No.মুজেপ 0011/06/12/92 dated 7-5-2012 as per Annexure-'D' to this writ petition seeking further declaration th......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 ......xure-D is without lawful authority and is of no legal effect and as to why the respondents should not be restrained by an order of injunction from leasing out the land of Maowa Riverport and its foreshore land in any manner and/or such other or further order or orders passed as to this court ma..Category: Constitutional Law | Date: 15 Apr, 2013 | Hits: 3
Iftekharul Karim (Md.) Vs. State, 2013, 42 CLC (HCD)
....opposite-party to show cause as to why the proceedings of the Special Sessions Case No. 188 of 2011 arising out of GR Case No.54 of 2011 corresponding to Dhanmondi Police Station Case No.22 dated 25 -2-2011 under sections 8/9/13 of the Santrash Birodhi Ain, 2009, now pending before the 3rc......ts that the Court can obtain sanction at any stage of the trial. 22. In the case of State of Goa Vs. Babu Thomas, reported in (2005) 8 SCC, page-130, it has been held that; "As already noticed, the sanction order is not a mere irregularity, error or omission. The first sanction order ...... No. 188 of 2011 arising out of GR Case No.54 of 2011 corresponding to Dhanmondi Police Station Case No.22 dated 25 -2-2011 under sections 8/9/13 of the Santrash Birodhi Ain, 2009, now pending before the 3rc Court of the Special Judge, Dhaka should not be quashed and/ or such other or furt..Category: Criminal Law | Date: 4 Apr, 2013 | Hits: 4
ABM Mohiuddin Chowdhury Vs. Anti-Corruption Commission and others, 2013, 42 CLC (HCD)
....er Article 102 of the Constitution of the Peoples Republic of Bangladesh, the respondents have been called upon to show cause as to why the proceedings of Double Mooring Police Station Case No.7 dated 2-12-2007 corresponding to ACC GR No.15 of 2007 under sections 26(2) and 27 of the Anti-Corrup......ri is maintainable. The High Court Division's power under writ jurisdiction to quash criminal proceeding should he exercised sparingly in rarest cases. On perused of the impugned judgment we noticed that the High Court Division in fact exercised its power under section 561A of the Code of C......y;sent by its Chairman Vs. Md. Enayetur Rahman reported in 8 LG(2011)AD 153 = 64 DLR(AD)14, the Appellate Division has categorically observed while deposing the issue as to invoking writ jurisdiction for challenging criminal proceedings; the relevant portion is quo..Category: Anti-Corruption Laws, Constitutional Law | Date: 4 Apr, 2013 | Hits: 4
Maku Rabi Das Vs. State, 2013, 42 CLC (AD)
.... Md. Helal Uddin Mollah, Advocate-For the Petitioner. Momtaz Uddin Fakir, Additional-Attorney-General-For the Respondent. Jail Appeal No.3 of 2007. (From the judgment and order dated 21st November, 2005 passed by the High Court Division in Death Reference No.105 of 2003 with......l to the prosecution case since the accused was not previously known to the prosecution witnesses No.2. 10. In reply Mr. Momtaz Uddin Fakir, the Additional Attorney-General has brought to our notice the judgment passed by the High Court Division where the following observations are found to......orary shelter there. Subsequently another co-accused (now dead) Giris Rabi Das, cousin of the deceased also came at about 4-00 PM and started gossiping with the Nainka Rabi Das. 3. However, Informant Dhiru Rabi Das, son of the deceased, went to nearby tea-stall for a cup of tea in and aroun..Category: Criminal Law | Date: 3 Apr, 2013 | Hits: 16
Golam Nabi and another Vs. Anti-Corruption Commis¬sion, and others, 2013, 42 CLC (HCD)
....rdship, the Chief Justice of Bangladesh for disposal are taken together for analogous hearing as the matter involved in those Writ Petitions are identical one arising out of Motijheel PS Case No. 140 date 29-3-2007 corresponding to ACC GR Case No. 25 of 2007 punishable under sections 409/109 of the ......e also kept in each writ petition, referred to above facilitating to incorporate the result in the order sheet. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 181 ....... 7275 of 2008, Writ Petition No. 7276 of 2008, Writ Petition No. 7277 of 2008, Writ Petition No. 7278 of 2008 and Writ Petition No. 7336 of 2008 sent by his Lordship, the Chief Justice of Bangladesh for disposal are taken together for analogous hearing as the matter involved in those Writ Petitions..Category: Anti-Corruption Laws, Criminal Law | Date: 14 Mar, 2013 | Hits: 4
Dr. AH Ali Haider Qureshi Vs. Dr. Ali Asker Qureshi, 2013, 42 CLC (HCD)
....ima Nasrin, Advocate—For the Opposite-Party. Civil Revision No. 4682 of 2009. Judgment Soumendra Sarker J.— The Leave was granted to decide as to whether the impugned order dated 18-10-2009 passed by the learned Additional District Judge, 8th Court, Dhaka in Civil Revision......ement deed with the defendant and it was not within the knowledge of the defendant at the time of filing the original written statement. Subsequently while the matter has come into the notice of the defendant he filed an application under Order VI, rule 5 of the Code of Civil Procedur......tlement with the Defendant-opposite-party which a voluntary organization namely Mukti Lawrence Foundation represented by it's Chairman to let out the schedule premises to the defendant foundation for a period of 5(five) years from 1-7-1993 to 30-6-1998 at a monthly rental of Taka 50,000 (fifty t..Category: Property Law | Date: 6 Mar, 2013 | Hits: 3
Dhaka City Corporation Vs. Firoza Begum & others, 2013, 42 CLC (AD)
....the Appellant. Abdul Matin Khasru, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Respondents. Civil Appeal No.101 of 2010. (From the judgment and order dated 23rd day of July, 2009 passed by the High Court Division in Writ Petition No.9675 of 2008). ......es and other service benefits in spite of the decision of the ECNEC to absorb the writ-petitioners in the revenue budget as per Rules and Regulations. The writ-petitioners, thereafter, served a legal notice dated 29th June, 2008 claiming arrear salaries amounting to Taka 1, 07, 08,048. Pursuant to a......romise given on behalf of a public authority or from the existence of regular practice which the claimant can reasonably expect to continue. Vide Council of Civil Service Union Vs. Minister for the Civil Service 1985 AC 374……………………&he..Category: Constitutional Law, Employment/Service Law | Date: 6 Mar, 2013 | Hits: 17
Md. Mostafa Vs. Nrayangonj District Council and others, 2013, 42 CLC (AD)
....d Nawab Ali, Advocate-on-Record-For the Petitioner Sufia Khatun, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.1030 of 2009 (From the judgment and order dated 13th January, 2009 passed by the High Court Division in Civil Revision No.2987 of 2004) Jud......tiff contended, inter alia, that Harun Bepari was the owner and possessor of the said land and accordingly it was recorded in C.S. Khatian No.48 in his name; that said Harun Bepari published a public notice in the daily Ittefaq dated 07.01.1978 for selling the said land. Thereafter, the plaintiff pu....... Result: The petition is dismissed. Lawyers Involved: Muhammad Nawab Ali, Advocate-on-Record-For the Petitioner Sufia Khatun, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.1030 of 2009 (From the judgment and order dated 13th January, 2009 p..Category: Civil Law | Date: 1 Mar, 2013 | Hits: 115
....an application under Article 102 of the Constitution of the People's Republic of Bangladesh this Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order No.11 dated 20-1-2011 passed by the learned Judge of the Artha Rin Adalat No.1, Chittagong in Artha Rin Ex......ties and fraud was committed in the auction process because the decree-holder Bank by mentioning wrong schedule of the property in the execution proceeding as well as in the auction proclamation notice proceeded with the auction and ultimately the property of the judgment-debtor is sh......f the property correct which was sold in execution of the decree after the confirmation of the sale which is enough to bring the matter within the mischief of Order XXI, Rule 90 of the Code for setting-aside auction sale on the ground of material irregularity.
It also appears that the..
Category: Civil Law, Procedural Law | Date: 26 Feb, 2013 | Hits: 3
Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)
....ons filed by 4(four) accused petitioners challenging the proceeding of Special Case No. 56 of 2003 (formerly Metropolitan Special Case No.72 of 2003) arising out of Tejgaon Police Station Case No. 34 dated 07.08.2002 corresponding to BAC B.R. No. 81 of 2002, under sections 409/418/109 of the Penal C......are hereby vacated. Send down the lower court’s record with a copy of the judgment and order at once. Siddiqur Rahman Miah J. - I agree. Ed. This Case is also Reported in: ...... of 2004. With Criminal Miscellaneous Case No.6339 of 2004 And Criminal Miscellaneous Case No.3987 of 2004. Judgment KM Kamrul Kader J. - The supplementary affidavits do form part of these applications. 2. These Rules were issued in the above numbered criminal Misc..Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82
Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)
....fur Rahman Mondal and Sheikh Mohammad Morshed, Advocates) instructed by Sufia Khatun, Advocate-on-Record—For the Respondents. Civil Appeal No. 53 of 2011. (From the judgment and order dated 3-8-2010 passed by the High Court Division on First Appeal No.281 of 2008.) Judgment ...... nothing on record that the defendant has intimated the plaintiff that he has adjusted the loan and that there is no impediment for executing a sale deed. If the plaintiff did not respond to his notice, he could have taken steps for rescission of the agreement as per agreement. 9. Eq......shid and others......................Respondents Judgment February 20, 2013. Result: The appeal is dismissed with modification of the judgment. Cases Referred to- Oxford Vs. Provand, LR 2 PC 135; F Edridge Vs. RD Sethna, 60 IA 368; Jamshed Khodaram Irani Vs. Burjor..Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42
Rana Kaiser Siddiq Vs. Bangladesh Chemical Industries Corporation and others, 2013, 42 CLC (AD)
....er. MA Samad, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.550 of 2010. (From the judgment and order dated 18-8-2009 passed by the High Court Division in Writ Petition No.4806 of 2004). Judgment ......of the said bank. Since this is a listed company, fee was not in a position to purchase further shares, which he was looking for quite a long time. The writ-petitioner came to know of the public notice published in the daily newspapers, namely, "Daily Dinkhal" and "The News Today..................Petitioner Vs. Bangladesh Chemical Industries Corporation and others………Respondents Judgment February 14, 2013. Result: The petition for leave to appeal is dismissed. Writ jurisdiction in case of contractual right Contractu..Category: Others | Date: 14 Feb, 2013 | Hits: 10
Shamir Chandra Sajwal and others Vs. Government of Bangladesh, 2013, 42 CLC (HCD)
....ation filed under section 115(1) of the Code of Civil Procedure at the instance of the plaintiff-respondent-petitioners calling upon the Opposite-Party to show cause as to why the judgment and decree dated 3-11-2010 passed by the learned Joint District Judge, 3rd Court, Barisal in Title Appeal No.11......pute regarding the time of diluvion of the suit property in the bed of the river Arial Kha. As regard alluvion of the property i.e. reappearance of the same the dispute runs and in this context it is noticed that the contention advanced from the side of the plaintiffs is acceptable since it is prove......nephew Chandra Kanta Sajwal. On the death of CS recorded tenant Goalak Bashi and Mohon Bashi their total shares devolved upon their nephews in absence of their sons and daughters in equal share. The aforesaid nephews are one Rajani Kanta and Jogendra Nath, who is the plaintiff No.5 of the suit; Duri..Category: Procedural Law | Date: 13 Feb, 2013 | Hits: 8
Abdul Wahab (Md.) Vs. State & another, 2013, 42 CLC (HCD)
....inal Procedure, this Rule was issued calling upon the opposite-parties to show cause as to why the impugned proceedings of Special Case No.3 of 2009 arising out of Jhenaidah Police Station Case No.49 dated 24-11-2008 corresponding to GR No.99 of 707 of 2008 under section 26(2) and 27(1) of the Anti-......sary for disposal of the rule are that Md. Wazed Ali Gazi, Assistant Director, Anti-Corruption Commission lodged FIR with Jhenaidah police station stating that the Anti-Corruption Commission issued a notice dated 24-4-2008 on the accused-petitioner under section 26(1) of the Anti-Corruption Commis&s...... in the instant proceeding....... (7) Section 32, Anti Corruption Commission Act, 2004 According to section 32 of Anti-Corruption Commission Act, 2004 sanction is mandatory to be obtained before submission of police report to the Court concerned for taking cognizance.......(8) Section..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Feb, 2013 | Hits: 6
AKM Mahtabul Islam Vs. Bangladesh and others, 2013, 42 CLC (HCD)
....interest in the local politics. On 16-6-2011 rule was issued in the following terms:— "Let a rule nisi issue calling upon the respondents to show cause as to why the notification dated 2-2-2011 so far as it relates to Serial No. 1 declaring of Sarwar Kamal as Mayor of Cox's ......s rule is discharged with an exemplary costs of Taka 10,000 (ten thousand) as condition precedent. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 539 ......Bank to supply the bank accounts of the respondent No. 3 within 15(fifteen) days from the date of receipt of this order. 3. We have heard Mr. Zahangir Kabir, the learned Advocate appearing for the petitioner in support of the rule, who having placed the materials before us submits th..Category: Constitutional Law, Election Law | Date: 30 Jan, 2013 | Hits: 3
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