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Bangladesh and others Vs. M/S. Sanker Kumar Das, 2012, 41 CLC (AD)
....llegality or infirmity in the impugned judgment of the High Court Division. Accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: ......gsha and 10th Angsha. As per the said work order the respondent was to complete the work within 30 days from the date of the said work order. The Roads and High Ways Division, Dhaka allocated a total amount of taka 6 crores for the total 36 sub-projects and the project of the respondent was allocate......r dated 06.11.2002 communicated the aforesaid resolution adopted in A.D.P. 2002-2003 meeting held on 30.09.2002 staying all the sub-projects except sub-project Nos.1-8 and also staying the payment of money. 3. Being aggrieved, the writ petitioner (respondent herein) filed the Writ Petition No...Category: Others | Date: 10 Oct, 2012 | Hits: 144
Kaisor-uz-Zaman (Md.) Vs. State, 2012, 41 CLC (AD)
....age of sub-section (3) of section 38 is so clear that it does not admit of any ambiguity. The only thing to be seen is whether section 409 of the Penal Code was an offence under the Act, 1957. In the whole of the Act, 1957, neither the offence has been defined nor has it been stated that the offence...... Bidhimala framed thereunder keeping in view of the observations and the findings given by this Court in the judgment. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 101. ......,000 from his account, he found that though the cashier (Farid uddin) of the branch on 23-1-2003 received Taka 8, 70,000 he did not enter the same in his account. Farid Uddin misappropriated the said money and thereby committed the offences under sections 406/409/420 of the Penal Code. On the basis ..Category: Anti-Corruption Laws | Date: 8 Oct, 2012 | Hits: 6
Engineer Afsaruddin Ahmed and others Vs. State and another, 2012, 41 CLC (HCD)
....the case in accordance with law. Let a copy of this judgment be communicated to the concerned Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 1. ......ing, an work order was issued in favour of the Islam Steel Mills Limited on 5-3-2003. The contract was valued at Taka 1,33,20,000 out of which the petitioners paid Taka 60,00,000 (sixty lakh); but an amount of taka 73,30,000 (seventy three lakh thirty thousand) remained unpaid. The complainant reque......h other, issued the cheques and they are prima facie responsible for non-payment of the cheque amount in favour of the complainant. Whether the accused-petitioners were responsible for non-payment of money is a disputed question of fact, which is a matter of trial and evidence, and the same may be g..Category: Civil Law | Date: 8 Oct, 2012 | Hits: 21
Agrani Bank Vs. Anwarul Bashir Khan and others, 2012, 41 CLC (AD)
....of the Artha Rin Adalat Ain, 2003. These appeals are disposed of with the above observations without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 120. ......ecution case Anwarul Bashir Khan filed an application under Order XXI, rule 83 of the Code of Civil Procedure for issuing a sale certificate in his favour in order to enable him to repay the decretal amount by selling one of the mortgaged properties situated at Gulshan. The Artha Rin Adalat rejected......ealed Ain to issue any sale certificate of the mortgaged property in favour of a judgment-debtor. Order XXI, rule 83(1) provided for postponement of the sale for enabling the judgment-debtor to raise money for payment of the total amount by way of mortgage or lease or private sale of the proper..Category: Civil Law | Date: 3 Oct, 2012 | Hits: 5
Motaher Hossen Vs. Bangladesh Commerce Bank Limited and others, 2012, 41 CLC (HCD)
....nt of the bodies to complete the process of IPO is hereby deleted, in consequence. Cost will be borne by the company. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 393. ......dent bank is concerned. SEC cannot compel it (the Bank) to disobey the direction of it's regulator, or to infringe the provision of section 155 (1) of the Act by imposing any condition that would amount to amending the provision of section 155 of the Companies Act, 1994. In other words, SEC shou......nt of the bodies to complete the process of IPO is hereby deleted, in consequence. Cost will be borne by the company. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 393. ..Category: Company Law | Date: 2 Oct, 2012 | Hits: 14
Orascom Telecom Bangladesh Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....e guidelines 2011 whatsoever. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 148. ......ility of the petitioner company to pay the VAT has no relation whatsoever with regard to the payment of license renewal fee and spectrum assignment fee. The petitioner company is bound to pay the net amount of the license renewal fee fixed by BTRC, without any kind of deduction. ............... (38)...... argues, to comply with the basic scheme of the VAT Act and VAT Rules made thereunder, BTRC law fully motioned the words 'without any deduction' in the impugned memo, which means the demanded money has to be paid as it is, and while calculating VAT to pay the same at source, the petitioner w..Category: Fiscal/Taxation Law, Information Technology Law | Date: 14 Aug, 2012 | Hits: 19
Government of Bangladesh Vs. ATM Mannan and another, 2012, 41 CLC (AD)
....the Rule absolute. Accordingly, the appeal is allowed and the impugned judgment is set-aside. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 10. ...... writ petitioners on receipt of Tk.10 lakh and delivered possession of the same and also handed over the relevant papers to the writ petitioners. Subsequently, said Mrs. Farhat Hasan received another amount of Tk. 5,00,000 on 28-1-1992 and lastly on 14-6-1997 an amount of Tk. 4,50,000 from the writ ......nd also in the register of the City Corporation. She paid all taxes including the municipal tax. Subsequently while in peaceful possession of the property, Mrs. Farhat Hasan being in urgent need of money decided to sell the property. The writ petitioners proposed to purchase the property for a con..Category: Property Law | Date: 8 Aug, 2012 | Hits: 84
Padma Oil Company Ltd Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....disposed of and the order of stay passed earlier by this court is vacated. 24. However, there shall be no order as to cost. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 226 ......disposed of and the order of stay passed earlier by this court is vacated. 24. However, there shall be no order as to cost. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 226 ......der the Companies Act, 1994. The assessee-applicant company is engaged in business of distribution petroleum product under the Bangladesh petroleum corporation and derives income from commission money, rate of which was time to time, fixed by the government upon distribution and marketing of pe..Category: Fiscal/Taxation Law | Date: 7 Aug, 2012 | Hits: 5
Golam Rahman Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)
.... Let a copy of the judgment and order be sent to the Registrar of Joint Stock Companies & Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 477. ...... trading business through his proprietorship concern named Capital Bangladesh, pursuant to a Memorandum of Understanding (MoU) signed on 4-3-2010. The petitioners further case is that, he has paid an amount of Taka 61,70,000 (sixty one lakh and seventy thousand) to the respondent No. 1 company and t......ed for the petitioner along with the learned Advocate Ms. Rashna Imam. The learned counsel, having placed the application under section 43 along with the annexures, submits that the MoU read with the money receipt dated 4-3-2012 clearly shows that the entire consideration for acquiring these 6, 17,0..Category: Company Law | Date: 6 Aug, 2012 | Hits: 8
Yousuf Chowdhury (Md.) Vs. Md. Emran and another, 2012, 41 CLC (HCD)
.... the lacuna of his case. In view of the above, we do not find any merit in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 112. ......th of them used to reside at Urdu Road; the defendant being in need of money in connection with his business approached the plaintiff for a loan of Taka 1,50,000. The plaintiff agreed to pay the said amount as loan for 1(one) year on the condition of paying him interest of Taka 15,000 and on executi......redecessor of the present petitioner impleading him as defendant No.1(hereinafter referred to as the defendant) on the averments, inter alia, that the defendant on receipt of Taka 1,50,000 as earnest money out of total consideration of Taka 2,00,000 executed a registered agreement on 27-9-1982 for s..Category: Civil Law | Date: 5 Aug, 2012 | Hits: 40
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....ilt is proved beyond reasonable doubt. An accused-person is under no obligation to offer evidence and he is merely on the defensive and owes no duty to anyone but himself. He is at liberty, as to the whole case to rely on the witnesses of the case for the prosecution, and no inference unfavourable t......arantee for the truth of accusation against the other. For, when a person admits his guilt and exposes himself to the pains and penalties provided therefore, there is guarantee for his truth. To amount to such a guarantee, the statement must amount to a confession on the part of the maker with ......o take Samanja for a short tour at night; that she stated to the police that Moly, wife of Zaman and mother of Tasmia Zaman, a friend of Samanja, allured her to depose in the case in exchange of money; that Moly in connivance with police procured her as witness; that she made contradictory..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)
....victims. The appeals are, therefore, allowed without any order as to costs with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 116. ...... tax of Taka 1,200 on every new SIM/ RUIM card in exercise of the powers under VAT Act; the tariff value of a SIM/RUIM Card was fixed at Taka 2,172 by notification dated 9th June, 2005 and the said amount was subsequently reduced to Taka 1,628.96 on 30th June, 2005. The said tariff value has been......victims. The appeals are, therefore, allowed without any order as to costs with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 116. ..Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27
Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)
....t and the court is also empowered to grant any relief as it thinks fit to the same extent as if it has been asked for. Upon careful perusal of the plaint it appears that the plaintiff has founded his whole claim seeking acquisition of property by his own fund and in the name of defendant's fathe......his Court stands vacated. The office is directed to send the lower Court's record. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 308. ......s father Akhil Chandra Biswas was the sister's husband of the plaintiff and he used to live in the mess of the plaintiff. The plaintiff purchased the said land for this own benefit and by his own money but in the name of Akhil Biswas by a registered kabala deed dated 18-11-1958. Akhil Biswas did..Category: Property Law, Procedural Law | Date: 31 Jul, 2012 | Hits: 5
Energy Prima Ltd Vs. People's Republic of Bangladesh and others, 2012, 41 CLC (HCD)
....anted earlier by this Court is hereby vacated accordingly. There is no order as to costs. Communicate this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 67 ......16-1-2003 and/or pass such other or further order or orders as to this Court may seem fit and proper. 3. In both the Petitions Rule were issued in common terms where only the contract and refund amounts are different being Contract No. 09690 in respect of 50MW Power Plant at Kumargaon, Sylhet a......anted earlier by this Court is hereby vacated accordingly. There is no order as to costs. Communicate this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 67 ..Category: Business or Commercial Law, Constitutional Law | Date: 29 Jul, 2012 | Hits: 6
Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)
..... (49) Confessional statement can not be made a subject matter of partition which means that no dual policy can be accepted regarding confession. It should be either believed or disbelieved as a whole. ........ (51) Cases Referred to- Noor Mohammad Vs. State, 38 DLR 111; Basir Kha Vs....... the accused, there was fight in the dark between the thief and the accused. 38. In consequence of the fight, the thief victim Abedin died inside the room of the accused. Whether such occurrence amounts to an offence under section 302 of the Penal Code It appears from the evidence that long bef...... not do so. The victim went inside the chowki of the said room where the Television, VCR and other valuable were kept under the said chowki. He further submits that the accused-appellant used to earn money by shawing the Film through VCR and Television to the Public in the area. He further submits t..Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9
Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)
....s dismissed without any order as to cost. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 46. ......s dismissed without any order as to cost. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 46. ...... daughters and wife respectively. Plaintiff filed succession case No.947 of 1983 in the Court of district delegate 3rd Sub-ordinate Judge, Dhaka and got succession certificate on 2-4-1984 for drawing money deposited in different Banks in the name of deceased Abdul Majid. After the death of Abdul Maj..Category: Property Law | Date: 25 Jul, 2012 | Hits: 10
Nalu Vs. State, 2012, 41 CLC (AD)
....e sentence of the death to one of imprisonment for life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ......e sentence of the death to one of imprisonment for life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ......he only aggravating circumstance is that for the purpose of snatching away the gold chain of deceased, Emran, the condemned-prisoner committed the offence of murder to meet his immediate necessity of money. However, on the facts and in the circumstances of the case, the mitigating circumstances..Category: Criminal Law | Date: 22 Jul, 2012 | Hits: 111
Md. Rafiqul Islam and others Vs. Md. Azmal Hossain and others, 2012, 41 CLC (AD)
....ion of paper book is dispensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 842. ......plication was registered as Miscellaneous Case No.21 of 2006. The Artha Rin Adalat upon hearing the parties dismissed the petition on the ground that the applicants did not deposit 25% of the total amount required under section 33(2) of the Artha Rin Adalat Ain. Thereafter, they renewed their pr......ion of paper book is dispensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 842. ..Category: Procedural Law | Date: 15 Jul, 2012 | Hits: 16
Md. Golzar Hossain, Advocate Vs. Janata Bank, Ullapara Branch, Sirajgonj, 2012, 41 CLC (AD)
....ight of the observations and the findings given hereinbefore. With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ....... As Prodip Kumar Saha defaulted to repay the loan, the Bank filed Artha Rin Suit No.147 of 1993 in the Court of Subordinate Judge and Artha Rin Adalat, Sirajgonj against him for recovery of the loan amount with interest. The suit was decreed ex-parte for an amount of taka 2, 57,230.00 by the judgme......ight of the observations and the findings given hereinbefore. With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 143
Safi Uddin Vs. District Judge, Dhaka & others, 2012, 41 CLC (AD)
.... the impugned judgment and order calling for interference by this Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 183. ...... notice/summons issued by the Court concerned. The concerned officers of the defendant-Bank, subsequently, on receipt of notice issued in Summary Suit No.16 of 2005 regarding payment of the decreetal amount examined the connected records and filed an application on 24.04.2006 under Order XXXVII, rul......ank Ltd, (it was not made a party in the writ petition as already stated hereinbefore) is a Banker within the meaning of section 3(b) of the Act, 1881 transacting the business of accepting deposit of money from the public payable on demand and withdrawal by order; according to the provisions of sect..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 108
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