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....eceipt of the copy of this judgment.
In the result, the Rule is disposed of with the aforesaid observation without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 35.
...... Bills from February, 1994 to July 1997 at the high excess and unusual rate under compelling circumstances vis-a-vis to keep the Mills running although on protest in writing several times and thus an amount of Taka 47,77,250.18 was paid in excess payment than the actual meter reading under protest. ......eceipt of the copy of this judgment.
In the result, the Rule is disposed of with the aforesaid observation without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 35.
..
Category: Civil Law | Date: | Hits: 115
Ripon Packaging and Accessories Ltd. Vs. Eastern Bank Ltd. and another, 2001, 30 CLC (HCD)
....aw and both the suits be disposed of as early as possible preferably within 3 (three) months from the date of receipt of the copy of this Judgment. This Case is also Reported in: 54 DLR (2002) 31. ......aw and both the suits be disposed of as early as possible preferably within 3 (three) months from the date of receipt of the copy of this Judgment. This Case is also Reported in: 54 DLR (2002) 31. ......o provide the aforesaid facilities to the petitioner whereby the plaintiff-petitioner suffered a severe loss and damage and that the defendant opposite parties bank are not entitled to claim the loan money given to the plaintiff-petitioner. 3. The plaintiff-petitioner has stated that the opposite..Category: Civil Law | Date: | Hits: 73
....y of the suit, forum shopping etc. We find no objection against the prayer, either from the plaintiff or the defendant Nos. 1 and 2.
21. Dr Zahir, in reply, submits that if the plaint is read as a whole, there was no scope to deny that the suit was instituted challenging the existence of the arbi......rovided that no application challenging the existence or validity of an award or for having its effect determined shall be entertained by the Court unless the applicant had deposited in the Court the amount which he is required to pay under the award or has furnished security to the satisfaction of ......ent between the parties to refer the matter for arbitration.” and upon such finding, dismissed the suit.
In BIWTA Vs. United TC, 41 DLR 513, a suit was instituted for a decree for some amount of money on the basis of an award. A preliminary issue was raised on the maintainability. The Court hel..
Category: Civil Law | Date: | Hits: 101
M Mojibul Haque Vs. DG, Bangladesh Bureau of Anti-Corruption & ors., 2001, 30 CLC (HCD)
....l Chanda Dwarkadas Morarka Vs. King, AIR (1948) (PC) 82. In the premises, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 24. ......l Chanda Dwarkadas Morarka Vs. King, AIR (1948) (PC) 82. In the premises, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 24. ......per the schedule and recommended for blacklisting him for such failure, Annexure‑D to the writ petition. The petitioner thereafter by letter dated 2‑2‑2000 informed the contractor that security money was encashed and he was blacklisted as per recommendation of the said committee, Annexure‑E...Category: Anti-Corruption Laws | Date: | Hits: 138
....hout lawful authority and to be of no legal effect.
In the result, the Rules are discharged without however any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 112. ......22-4-1985 vide Annexure-E. Thereafter, petitioner No.1 and the other owners filed an application on 2-5-1985 to the Additional Deputy Commissioner (LA), Dhaka expressing their readiness to refund the amount of compensation they had received and to have the land released in their favour vide Annexure...... Administration and Land Reforms by order dated 17-9-86 asked the ADC (LA), Dhaka to hand over possession of 103.1398 acres of land to the petitioners and others after realisation of the compensation money paid to them (Annexure-H). It is contended by the petitioners that petitioner Nos. 2-8 were ne..
Category: Property Law | Date: | Hits: 31
Mirza Anwarul Islam alias Tanu Vs. State, 1999, 28 CLC (HCD)
....anted earlier by this Court is hereby vacated and the records which was called for be sent down at once to the concerned Court below. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 108. ......o pay a fine, the court passing the sentence may take action for the recovery of the fine in either or both of the following ways, that is to say, it may— (a) issue a warrant for the levy of the amount by attachment and sale of any movable property belonging to the offender.” So, it is ver......anted earlier by this Court is hereby vacated and the records which was called for be sent down at once to the concerned Court below. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 108. ..Category: Criminal Law | Date: | Hits: 37
Firojul Islam (Md) (Firoj) Vs. Zahanara Akter, 1999, 28 CLC (HCD)
....efore called for. Resultantly, this Rule stands discharged both on the question of maintainability and also on merit. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 107. ......efore called for. Resultantly, this Rule stands discharged both on the question of maintainability and also on merit. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 107. ......r Assistant Judge and Family Judge, Khulna in Family Suit No.71 of 1997 rejecting an application for obtaining expert opinion. 2. The opposite party No.1 as plaintiff instituted the suit for dower money impleading the present petitioner as defendant. The suit is being resisted by the defendant-pe..Category: Family Law | Date: | Hits: 185
Idrish Ali Bhuiyan (Md) Vs. Dr. Alauddin Ahmed & ors., 2002, 31 CLC (HCD)
....tion of the returned candidate is void; (b) that the election of the returned candidate is void and that the petitioner or some other person has been duly elected; or (c) that the election as a whole is void." According to Article 51 rule (II), the petitioner of the election petition may cl......5 which is as follows: "Where if all the necessary parties have been joined to the election petition, the circumstances that a person who is not a necessary party, has also been impleaded does not amount to a breach of the provisions of section 82 and no question of dismissing the petition under ......g out the name of respondent Nos. 1‑3, 8 & 9 and the prayers 'b', ‘c’, ‘d’ & ’e’ in the prayer portion of the election petition. Ed. This Case is also Reported in: 55 DLR (2003) 19...Category: Election Law | Date: | Hits: 85
Shahjahan Ali Khan (Md) and others Vs. Bangladesh, 1999, 28 CLC (HCD)
....ion of Article 116A of the Constitution. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 99. ....... It is the contention of the petitioners that in assessing compensation matters required to be considered were not at all considered and consequently compensation has been assessed at shockingly low amount; that assessment of compensation not being at a due amount same has caused serious financial ......ion of Article 116A of the Constitution. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 99. ..Category: Alternative Dispute Resolution | Date: | Hits: 191
Saroj Kanta Sarker Vs. Seraj‑ud‑Dowla & ors., 2003, 32 CLC (HCD)
....he appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 39. ......l 79,35,000 and transferred 2.54 acres of land out of the contract with the plaintiff and 0.86 acre of the contract with his brother Nasir Uddin, defendant No. 3, Plaintiff proved the payment of said amount paid by debit vouchers exhibit 6 series as well as acknowledgments made by the defendant No. ......sequently, by signing debit vouchers in cash or cheques up to 19‑7‑1988 defendant No. 1 received Taka 59,35,000 out of Taka 65,36,333 from pro‑forma defendant No. 4. 8. After receipt of said money of Taka, 59,35,000 defendant No. 1 on different dates executed and registered number of sale d..Category: Civil Law | Date: | Hits: 78
National Bank Ltd. and others Vs. Habib Bank Ltd. and others, 2002, 31 CLC (HCD)
.... upon a 4th arguable ground. How, in these circumstances, can it be said that the bank has acted without delay in stating the discrepancies in respect of which it genuinely refuses the documents? The whole purpose behind Article 16 seemed to me to be that the beneficiary should know precisely what h......sented by the seller and thereafter, in accordance with the terms and conditions of the letter of credit, sent a telex message on 18th March, 1986, on its New York Branch, for realisation of the full amount of USS 2,66,600 from the account of the National Bank Ltd, Khulna, maintained with American E......ing a written statement denying all material allegations and praying for dismissal of the suit. The main contention of the defendant in this suit is that the plaintiff Habib Bank Ltd neither paid any money nor negotiated the concerned shipping documents of the seller Navegadora Panocenica SA and tha..Category: Business or Commercial Law | Date: | Hits: 202
Osiar Rahman Vs. Dharus Sunnah Islamia Madrasha, 1996, 25 CLC (HCD)
....4 of 1988 is set aside. The Other Suit No.14 of 1988 is restored to its original file and number. Send down the LC Records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 93. ......d, which affects the suit itself and not merely the regularity or sufficiency of the service or the proceeding, in addition to non-service of summons in order to obtain decree. Falsity of claim would amount to such fraud, though possibly mere perjured evidence, unless the claim was false, would not.......4 of 1988 is set aside. The Other Suit No.14 of 1988 is restored to its original file and number. Send down the LC Records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 93. ..Category: Civil Law | Date: | Hits: 66
American Express Bank Limited Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....2-93 to 1997-98 are without lawful authority and of no legal effect. In the result the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002)7. ......rporate tax on this particular Head in its Income Tax return. As Head Office expenses chargeable on the petitioner for branches in Bangladesh by the head office in New York the petitioner debited the amount as “Head Office expenses” in its books of account for the tax assessment year 1989-90 as ......petitioner though shown to have deducted Head Office expenses in total Income Tax computation sheet but did not disclose the basis of making such deduction for Head Office expenses and the sources of money for financing such expenses did not reflect in the profit and loss account sheet which accordi..Category: Fiscal/Taxation Law | Date: | Hits: 132
....sion we are of the opinion that the Rule is liable to be discharged. In the result the Rule is discharged. There will he no order as to cost.
Ed.
This Case is also Reported in: 54 DLR (2002) 1.
......ot the consequence, that it has not been treated in accordance with law. It results from the Authority’s refusal to abandon a policy decision and accord it a preferential treatment. This would have amounted to discrimination in his favour and would have taken the decision of the respondents outsid......sion we are of the opinion that the Rule is liable to be discharged. In the result the Rule is discharged. There will he no order as to cost.
Ed.
This Case is also Reported in: 54 DLR (2002) 1.
..
Category: Fiscal/Taxation Law | Date: | Hits: 108
Delwar Hossain Sowdagar Vs. State, represented by the Deputy Commissioner, 2002, 31 CLC (HCD)
....no other alternative the complainant sent a demand notice on 16‑10‑2001 but it came back unserved on 12‑11‑2001. The complainant accompanied by two witnesses met the petitioner who denied the whole transaction and misbehaved with the informant thus rendering himself liable for an offence und......products of the complainant's mill on 18‑11‑89 for a period of one year, that on different dates the petitioner took delivery on payment of portion of the price of the goods and in the process an amount of Taka 1,51,57,600/50 fell due from the petitioner to the complainant, that upon request of ...... intention to cheat is totally absent in the instant case inasmuch as the parties have long standing business transactions and after the initial discord between the parties over the balance amount of money due from the petitioner to the complainant both the parties entered into a fresh agreement on ..Category: Civil Law | Date: | Hits: 83
Sonali Bank and another Vs. Md. Harun, 1999, 28 CLC (HCD)
....this industry and this closure of the industry has caused ill reputation of the plaintiff and also destroyed the project. The plaintiff suffered huge loss due to the retrenchment of the staff and the whole project has been destroyed causing huge loss to the plaintiff. The plaintiff demanded Taka 10.......nt hank failed to pay 70% of the IDA credit the plaintiff applied for the balance 35% from IDA credit. But the defendant bank instead of making payment under IDA credit saddled him with a cash credit amount of Taka 3.00 lac from their own fund. When the plaintiff failed to run the mill due to non pa......credit of which Taka 7.00 lac was for capital investment and Taka 2.70 lac as working capital. 3. It is the case of the plaintiff that under IDA project plaintiff was to receive 70% of the project money and 30% will be from the investor’s own fund. But in spite of this the plaintiff was favoure..Category: Civil Law | Date: | Hits: 72
Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)
....onal duties Bangladesh Public Service Commission did not do any wrong and whatever is done under the prevailing laws and rules concerned is to ensure fair justice to all job seeking candidates of the whole country. The whole thing was done with lawful authority. No instruction was given by the respo......e, necessary to consider and give due weight to the reasonable or legitimate expectations of the persons likely to be affected by the decision or else that unfairness in the exercise of the power may amount to an abuse or excess of power apart from affecting the bona fides of the decision in a given...... expeditiously. Communicate a copy of the judgment immediately to the respondent No. 1 PSC for taking necessary steps expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 182. ..Category: Employment/Service Law | Date: | Hits: 134
AMC Bennett and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....petition seems to be frivolous and without any substance. Accordingly, the Rule is discharged with cost of Taka 15,000 (fifteen thousand). Ed. This Case is also Reported in: 59 DLR (2007) 178.......d also filed a supplementary affidavit-in-opposition stating, inter alia, that at the time of acquisition of the land in question the Rajdhani Unnayan Kartripakkha (RAJUK) placed the entire estimated amount of compensation for the lands to be acquired at the disposal of the Deputy Commissioner, Dhak......ated amount of compensation for the lands to be acquired at the disposal of the Deputy Commissioner, Dhaka as per his requirement and the Additional Deputy Commissioner (LA) had paid the compensation money to the bona fide affected persons and after acquisition the lands in question and other lands ..Category: Property Law | Date: | Hits: 34
Continental Traders Vs. Bangladesh Textile Mills Corporation and others, 2006, 35 CLC (HCD)
....ore, dismissed. 23. The respective parties are directed to bear their respective costs. Send down the LC Records at once. Ed. This Case is also Reported in: 59 DLR (2007) 151. ......ndant No. 3 requesting him for the settlement of the same but the defendant No. 3 refused to settle the claim. Hence the suit. 4. During the pendency of the suit, plaintiff claimed the insured amount from defendant No. 4, who has satisfied the claim. Subsequently, the defendant No. 4 was su......18-54986 and 22-5-1986 respectively, passed in Money Suit No. 65 of 1985 by the Commercial Court (Subordinate Judge, 2nd Court) Chittagong. 2. The plaintiff instituted the suit for recovery of money on account of damage of imported cotton. 3. The plaintiffs case, in short, is that plai..Category: Civil Law | Date: | Hits: 87
Mirzaboo Steels Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....scharged. In the result, the Rule is discharged without any order as to costs. The stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 141. ...... of 1995 on 13-9-1995 in the court of Subordinate Judge (now the Joint District Judge), 1st Artha Rin Adalat, Chittagong against the loanee, the petitioner company as defendant for recovery of loan amounting to Taka 3,40,94,500.93 (Taka three crore forty lac ninety-four thousand five hundred and p......scharged. In the result, the Rule is discharged without any order as to costs. The stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 141. ..Category: Civil Law | Date: | Hits: 133
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