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PHP Float Glass Industries Ltd Vs. Commissioner Customs, Excise and VAT and others, 2012, 41 CLC (HCD)

.... from the date of receipt of a certi­fied copy of this judgment and order. Communicate this judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 478 ......nt No. 1, Commissioner of Customs, Excise and VAT Commissionrate, Agrabad, Chittagong, on 22-10-2006 and submitted a written statement in support of his price declaration along with all rel­evant documents on 9-11-2006. The respondent No.1 upon perusal of the same passed an order on 15-11-2006 u..

Category: Fiscal/Taxation Law | Date: 30 May, 2012 | Hits: 3

Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)

.... ten thousand only) to the detenue in Writ Petition No.3489 of 1999 to be paid by the Writ Respondent No. 2 are hereby set aside. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 352 ......said orders have been made without lawful authority and are liable to be set aside. 40. On careful scrutiny of the writ petitions, impugned judgments, Affidavits-in-Opposition and other relevant documents on record it appears that there was no allegation of physical and men­tal torture. Apa..

Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5

Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)

....n the impugned judgment and order and consequently, no merit in the leave petition. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 MLR (AD) (2013) 46. ......of law and the document that the findings given and the observations made by the High Court Division in the impugned judgment and order are the result of non consideration or misconstruction of the documents annexed to the writ petition, the affidavit-in-reply as well as the affidavit-in-opposit..

Category: Property Law | Date: 29 May, 2012 | Hits: 12

H.B. Plastic Industry Vs. Hyundai High Tech Co. Ltd. and others, 2012, 41 CLC (HCD)

.... anytime be encashed by the respondent No.1, the petitioner filed a further application praying for restraining the respondent No.1 from encashing the L/C amount now lying in the hand of the advising bank the respondent Nos. 3 and 4. 3. The learned Advocate Mr. J.K. Paul further submits that by w......ifteen days from the submission of the certified copy of the instant judgment by the petitioner to their end. However, there shall be no order as to costs. Ed. This Case is also reported in: ..

Category: Alternative Dispute Resolution | Date: 28 May, 2012 | Hits: 56

Ruhul Amin and others Vs. Bangabandhu Sheikh Mujib Medical University, 2012, 41 CLC (HCD)

....(six) months from the date of receive of this judgment. Send down the lower court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 182. ......(six) months from the date of receive of this judgment. Send down the lower court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 182. ..

Category: Civil Law, Property Law | Date: 27 May, 2012 | Hits: 12

Golam Ambia (Harun) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....trkt-Mymensingh within 2(two) months from the date of receipt of this judgment. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 379.   ......ndra Datta. The father of the petitioner was possessing the land by paying rents to the original tenants by rent receipts. In the year 1971 during me Liberation War the rent receipts along with other documents of Abdul Aziz were destroyed. After the independence of the country Satish Chandra Datta a..

Category: Others | Date: 22 May, 2012 | Hits: 9

Bangladesh Biman Airlines Limited and others Vs. Emran Ahmed and others, 2012, 41 CLC (AD)

....ng order and 1(one) week thereafter, the respondents shall file concise statements to make the appeals ready for expeditious hearing. Ed. This Case is also Reported in: 9 ADC (2012) 745. ......ng order and 1(one) week thereafter, the respondents shall file concise statements to make the appeals ready for expeditious hearing. Ed. This Case is also Reported in: 9 ADC (2012) 745. ..

Category: Employment/Service Law | Date: 20 May, 2012 | Hits: 135

Marzan Abedin Vs. Judge, Artha Rin Adalat No. 4 Dhaka and others, 2012, 41 CLC (HCD)

....d if that has not been perfected then the application is not competent in terms of section 34(1) of the Ain. 4. Mr. Md Harunur Rashid, the learned coun­sel appearing for the respondent No. 2-bank by fil­ing affidavit-in-opposition opposes the Rule. His contention is that the law is well......n support of her contention. 5. We have heard the learned counsel for both sides. We have also gone through the petition, affidavit-in-opposition-impugned order and other relat­ed papers and documents with the petition carefully, nobody disputes the proposition of law relating to warrant of..

Category: Banking Law, Corporate Law | Date: 15 May, 2012 | Hits: 4

Md. Shahidul Islam Vs. State and another, 2012, 41 CLC (HCD)

....e, cognizable Court No.1 Pabna is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 545. ...... of occurrence is at Pabna, threat in Dhaka, G.D. in Dhaka and the same is not out of jurisdiction and the proceeding of the instant case cannot be quashed on the basis of the defence materials or documents in support of his contention. The learned Assistant Attorney General refers the case of N..

Category: Criminal Law | Date: 13 May, 2012 | Hits: 6

Maisha Corporation (Pvt.) Ltd Vs. Bangabandhu Sheikh Mujib Medical University (BSMMU) and others, 2012, 41 CLC (HCD)

.... as to costs. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 194.     ......lied Washing Plant was inadequate (63% deficit) for washing 2000 bed hospital facilities. The claimant-com­pany did not supply Extractors and other machineries as per specifications of the tender documents submitted at the first stage tender. Under the General Conditions of Contract, the purchas..

Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16

Abdun Noor and others Vs. Aziruddin and others, 2012, 41 CLC (AD)

....he appeal is allowed in part and the suit is decreed in respect of 1.11 acres of land in SS plot No. 3433 out of the suit land. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 127. ......ortion of the first schedule land attracted by the aforesaid two plots. Taking advantage of the wrong recording of the suit property in SA Khatian, defendant Nos.1 to 4 collusively created fraudulent documents to lay claim of title to the first schedule property to the extent of land measuring 4.20 ..

Category: Property Law | Date: 8 May, 2012 | Hits: 112

Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)

....d would also be provided with pension, gratuity along with other benefits as per prevailing rules. Pension benefits are given to the employees of the Government and other statutory bodies including a bank. Clause 2(P) defines ’কর্মী’ (worker/employee) means all permanent a......ve observations. The parties would bear their respec­tive costs. Ed. This Case is also Reported in:  VIII ADC (2011) 834, 17 MLR (AD) (2012) 121, 64 DLR (AD) (2012) 152 ..

Category: Banking Law | Date: 5 May, 2012 | Hits: 220

Rajuk Karmachari Bahumukhi Samabaya Samity and another Vs. M/s Al-Razib Traders, 2012, 41 CLC, (HCD)

....py of this judgment. Send a copy of this judgment to the Court of the learned District Judge as expeditiously as possible. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 285. ......uated order referring to the facts and circumstance and merit of the case referred to by both 1st party and opposed by the 2nd party and the learned District Judge after perusal of all the papers and documents he has passed the impugned order rightly after evaluating the papers and documents submitt..

Category: Arbitration Law | Date: 3 May, 2012 | Hits: 18

Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)

....stry of Home Affairs and Secretary Ministry of Law Justice and Parliamen­tary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ......r consideration to give pardon to the petitioner; but, from the application of the wife of the petitioner it is evident that the petitioner was convicted for politi­cal victimization and no relevant documents were annexed or submitted with the said application. 46. We do not find any nexus bet..

Category: Criminal Law | Date: 25 Apr, 2012 | Hits: 98

Md. Salim Hossain and other Vs. Artha Rin Adalat, Munshigonj and other, 2012, 41 CLC (AD)

....nd a supplementary affidavit-in-opposition denying the material averments made in the writ petition contending, inter alia, that respondent No.6 is neither a borrower nor a mortgagor of any land with bank and that he had knowledge about the Artha Rin Suit. His father Serajuddin Sarder was the owner ......eparation of sale certificate and to register the same. The sale certificate was prepared and signed on 18-05-2005 and it was duly registered. On 26-06-2004, the decree-holder filed all the deeds and documents relating to the mortgage and the decree with an application to withdraw the auction money ..

Category: Civil Law | Date: 19 Apr, 2012 | Hits: 151

Abdul Gaffar and others Vs. Sree Sree Radha Madhab Jew Deity and others, 2012, 41 CLC (AD)

.... this impugned judgment and order of the High Court Division. In the result this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 697. ......defendant No.4 had no right, title and interest in the suit land and consequently the plaintiffs could not acquire any right, title and interest in the suit land by the alleged set­tlement. That the documents of the plain­tiffs including rent receipts etc. are false, fabricated and antedated and c..

Category: Property Law | Date: 16 Apr, 2012 | Hits: 72

Commissioner of Customs Vs. Faridul Alam, 2012, 41 CLC (AD)

....09 for importing heavy melting steel scrapes from Thailand under HS Code No.72044.92.0. The petitioner received copy of CRF certificate No. BDH 2009 7407 1C dated 24-3-2009 through the L/C opening bank. The petitioner also received Commercial Invoice, Packing List, Bill of Lading, Certificate of....... Accordingly, the appeal is allowed. The impugned judgment and order is set-aside. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 133. ..

Category: Fiscal/Taxation Law | Date: 11 Apr, 2012 | Hits: 9

Government of Bangladesh and others Vs. Jamaluddin and another, 2012, 41 CLC (AD)

....e published on 4-2-2010. In the circumstances all these three Civil Petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 135   ......agor, District-Meherpur was given permission to start HSC (Business Management) Education vide a memo dated 26-6-2005 for the year 2005-2006. The college authority subsequently forwarded the relevant documents of the teachers and staffs of the said college to the Secretary, Ministry of Education on ..

Category: Constitutional Law | Date: 10 Apr, 2012 | Hits: 13

Md. Mazakat Ali Harun and Others Vs. Export Import Bank of Bangladesh Limited and Others, 2012, 41 CLC (AD)

...."without holding and completion of 9th AGM by electing its Directors of the Board of Directors should not be declared to be illegally done and impractible to call the 10th AGM of respondent No.1 bank, namely, Export-Import Bank of Bangladesh Limited vide "Price Sensitive Information" ...... in respect of the 'agenda to elect the Directors' of the Board of Directors of the Bank Company. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 115, 18 BLC (AD) (2013) 68. ..

Category: Company Law | Date: 9 Apr, 2012 | Hits: 223

Majad Hossain and another Vs. State, 2012, 41 CLC (AD)

....W.1 was deferred to 23.09.2008. On this date (23.09.2008). P.W.1 filed hajira; on behalf of the accused-petitioner two applications were filed, one for calling for the statement from, the complainant-bank as to the deposit of taka 20.00, 000.00 allegedly by him on 3(three) dates in 2008 i.e. alter t.......07.2008 and 12.08.2008) the complainant was absent and no step in the case was taken on behalf of the State as well. On 16.09.2008 on behalf of the prosecution, Yasin Kabir was examined as F.W.1 and documents were proved and marked as exhibits and on the prayer of the accused-petitioner, cross-exam..

Category: Banking Law | Date: 8 Apr, 2012 | Hits: 618