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Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)
....and hence, have legal effect. In the result, the Rule is discharged. There will be no order as to costs. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ......ll have a minimum 3 (three) years general experience in handling or delivery of cargo or container or both, or loading or discharging of vessels or lighter or both in any sea port”, which clearly amounts to proper guidelines/criteria for assessing “general experience”. Further, it has been ......number of 12(twelve) Berth Operators, if not less, for the 12(twelve) Lots/jetties; whereas there are about 55(fifty five) stevedoring firms currently operating at CP, who have invested huge sum of money behind equipments and labour. Moreso, the stevedoring/shore-handling firms have always enjoy..Category: Others | Date: 21 Jun, 2012 | Hits: 20
Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)
.... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ...... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ......ons, in a nutshell, are that at about 1-10 AM following 8-11-2011 some 14 dacoits armed with deadly weapons entered into the house of the informant by breaking collapsible gate. They looted away cash money and ornaments and a torch light all worth of Tk.1, 78,000. After commission of dacoity when th..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10
AK Azad and another Vs. Mostafizur Rahman and others, 2012, 41 CLC (AD)
.... of plaint has become infructuous as the appeal is allowed. Therefore, the civil petition is dismissed as being infructuous. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 78. ......50,000 out of the total consideration of Taka 60,000 for selling the land appended in the schedule to the plaint. On the date of bainapatra it was stipulated that the plaintiff would give the balance amount of Taka 10,000 within three months and that defendant No. 1 would execute and register deed o......he balance amount of Taka 10,000 within three months and that defendant No. 1 would execute and register deed of sale in favour of the plaintiff. Defendant No.1 did not take the balance consideration money and at last on 25-7-2002 denied taking the balance consideration money. He also denied executi..Category: Property Law | Date: 13 Jun, 2012 | Hits: 27
Kazim Uddin (Md.) Vs. Government of Bangladesh, 2012, 41 CLC (AD)
....ade before, we do not find any substance in this petition. Accordingly the civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 121. ......ade before, we do not find any substance in this petition. Accordingly the civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 121. ......he petitioner herein joined the Police Department as a Constable. But respondent No.4 placed the petitioner under suspension with effect from 09-11-1999 on the ground of misappropriation of money which was proved by an inquiry held by Mohammad Ali, Assistant Police Commissioner. The petiti..Category: Administrative Law | Date: 11 Jun, 2012 | Hits: 390
Abul Kashem Vs. Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)
.... the Election Commission to declare the candidate who secured the second highest votes to have been election to the Parliament. 37. Article 65 of the RPO provides for declaring the election as a whole to be void because of the failure of a person to comply with the provisions of this Order and ......11-2008 issued by the Sonali Bank Limited, Bango Bhandhu Avenue, Corporate Branch, Dhaka (Respondent No.7) under memo No. BBA/ GAD-1/14930 stating that the petitioner was a bank loan defaulter for an amount of Tk.15,44,32,437.31 as on 30-11-2008. 4. The second source was a letter issued by the ...... Civil Procedure. In the light of the above, no interference is called for. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 160. ..Category: Election Law | Date: 5 Jun, 2012 | Hits: 217
Grameen Telecom Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....istrar, Supreme Court of Bangladesh is directed to take step under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 241 ......om it and also regarding disallowance of Taka 3,00,00,000 obtained as bridge loan from Grameen Kalyan. The Commissioner of Appeal only reduced some disallowances from the expenditures of the assessee amounting to Taka 35,000. Accordingly, the DCT on 13-5-2001 recomputed the income of the assessee at......istrar, Supreme Court of Bangladesh is directed to take step under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 241 ..Category: Fiscal/Taxation Law | Date: 3 Jun, 2012 | Hits: 4
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
.... the Code, they were under the age of 16, they were entitled to be treated as juveniles under the Act, 1974 and they were required to be tried by the Juvenile Court and that having not been done, the whole trial by the Sessions Judge was vitiated. Therefore, the order of conviction and sentence pass......e prosecution attract an offence punishable under sections 302/34 of the Penal Code. 4. It is argued that the facts proved by the prosecution do not come within the mischief of culpable homicide amounting to murder and therefore, the conviction is illegal. It is further contended that the knowl......bsp; 82. The first case arose from a judgment and order of the Court of Appeal of the Supreme Court of the Straits Settlement. The action was brought by the respondent, who was money-lender, against the appellant for certain sums of money, in all, amounting to 29,521 dollars. ..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
Bangla Phone Limited Vs. Huawei Tech Investment Ltd. and another, 2012, 41 CLC (HCD)
....has raised complain regarding the system in the year 2009 after four years when the system automatically is about to be out dated due to the, in the meantime, upgradation of the similar system in the whole world and therefore the petitioner cannot compel the respondent companies to render service to......500. But the respondent Nos.1 and 2 failed to remedy the problems faced by the petitioner. The petitioner still has credit with the respondent Nos.1 and 2 company, as admitted by the respondent No.1, amounting to US$ 59,500. There had been meeting on 12.1.2010 in between the parties with a view to r......the service rendered by the respondent company to the petitioner may be finally adjudicated by the SIAC Arbitration. However, there shall be no order as to costs. This Case is also Reported in: ..Category: Arbitration Law | Date: 3 Jun, 2012 | Hits: 61
.... 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
......to why the impugned order dated 18-3-2007 passed by the Respondent No. 3 demanding Taka 87,14,891.68 as VAT alleging to be less paid during the period of 21-9-2006 to 28-2-2007 and adjusting the said amount by deduct ion in the current account register and stopping the supply of the goods till havin...... 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
..
Category: Fiscal/Taxation Law | Date: 30 May, 2012 | Hits: 3
Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
....formed the opinion that in awarding a remedy in writ jurisdiction, the Court is required to consider not only the interests of the petitioner and the respondent but also those of the public as a whole with a view to ensuring that public bodies, officials or instrumentaties do not violate law in......(1) are identical with those of the Article 32 of the Indian Constitution so far as those relate to the enforcement of fundamental rights. The interpretation of Article 102 should be guided by the paramount object and purpose for which the Article has been enacted and its interpretation is inextrica......ey were deprived of their normal avocation of life for several days and that the detentions were malafide and made for political victimization and they have been forced to spend huge sum of money as litigation costs and, as such, the High Court Division rightly awarded the monetary co..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
H.B. Plastic Industry Vs. Hyundai High Tech Co. Ltd. and others, 2012, 41 CLC (HCD)
....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: ...... the machine which was immediately informed to the respondent No.1 who upon admitting the fault committed by them assured the petitioner that they will address the matter and shall not encase the L/C amount. However, the petitioner intends to invoke the arbitration clause for which the petitioner se......r sent notice to the Korean Arbitration Board but nothing happened thereafter although the Korean Arbitration Board has assured the petitioner to wait for the result of the arbitration. But since the money in respect of the L/C may anytime be encashed by the respondent No.1, the petitioner filed a f..Category: Alternative Dispute Resolution | Date: 28 May, 2012 | Hits: 56
Ruhul Amin and others Vs. Bangabandhu Sheikh Mujib Medical University, 2012, 41 CLC (HCD)
....stan; 11. It is hereby enacted as follows:— 1. Short title, extent and duration (1) This Act may be called the (Emergency) Requisition of Property Act, 1948. 2. It extends to the whole of Bangladesh. 3. It shall come into force in such areas on such dates as the Government ......(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. ......ad was opened by Dhaka City Corporation and he also took all the connection relating enjoyment of the suit property and Amir Hossain was stationed in the suit premises as caretaker and having need of money, by saf kabala deed No.148 dated 17-1-1990 transferred 0.1752 acres of land to Moin Uddin and ..Category: Civil Law, Property Law | Date: 27 May, 2012 | Hits: 12
Marzan Abedin Vs. Judge, Artha Rin Adalat No. 4 Dhaka and others, 2012, 41 CLC (HCD)
....ication under section 34(1) of the Ain, if so advised, in this regard. Communicate this order to the Court concern at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 79. ......Rin Case No.115 of 2005 in the Court of the 4thy Artha Rin Judge, Dhaka which was decreed on 30-11-2005. The respondent No. 2 filed Artha Execution case No. 790 of 2005 for recovery of decreetal amount. By the impugned order No. 7 dated 27-7-2006 the respondent No. 2, Bank made an application f......ication under section 34(1) of the Ain, if so advised, in this regard. Communicate this order to the Court concern at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 79. ..Category: Banking Law, Corporate Law | Date: 15 May, 2012 | Hits: 4
Md. Shahidul Islam Vs. State and another, 2012, 41 CLC (HCD)
....er is in jail custody then on giving put up before the learned Magistrate created a concocted aposhnama and took the signature of the petitioner which is malafide and for unnecessary harassment the whole proceeding of the instant Criminal Case was initiated which is a purely abuse of process of C......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. ......lainant alleged that at 12 noon on 13.06.2008 the complainant gave Tk.3,50,000/- to the accused Shahidul Islam for arranging service abroad but the accused did not send him abroad or did not return money. In the meantime on 24.04.2009, the complainant got an interview card for the post of Assist..Category: Criminal Law | Date: 13 May, 2012 | Hits: 6
....on that his Company having no technical and financial qualification to supply the Washing Plant unduly influenced the then authority of the BSMMU through him to get tender award in its favour and the whole process of awarding the tender in favour of his Company demonstrate nepotism and favoriti......, 11, 50,000 (BD) to the Party within 30 days from date of the Award;
d) All other conditions remain.
2. The 1st party shall be paid an interest at the rate of 9% per annum on the aforesaid amount from 14-8-2008 (date of cause of action) (vide PB Part-1, page 91 Exhibit-38) till the date o......d Ali in respect of awarding interest against the 2nd party BSMMU in the said award. The Tribunal directed the 2nd party BSMMU to complete acceptance of the Washing Plant and make payment of contract money along with other benefits in the following manner:—
"(1) The parties are bound..
Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16
Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)
.... 2009 is accordingly discharged. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 99. ......his defendant appellant at no point of time paid the rent as per terms of agreement and out of rent of Taka 45,000 sometimes paid rent, at Taka 500, sometimes 2,000, 5,000 and 10,000 as a result huge amount of money as rent was fallen due. Plaintiffs on 1-9-2002 served legal notice upon defendant un......ant appellant at no point of time paid the rent as per terms of agreement and out of rent of Taka 45,000 sometimes paid rent, at Taka 500, sometimes 2,000, 5,000 and 10,000 as a result huge amount of money as rent was fallen due. Plaintiffs on 1-9-2002 served legal notice upon defendant under sectio..Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7
Govt. of Bangladesh and others Vs. Md. Nurul Alam, 2012, 41 CLC (AD)
.... sufficient cause be treated as quite reasonable, although we must not be understood to be saying that in future applications such relaxation shall be permissible." 14. Reading the order as a whole passed in Miscellaneous Appeal No.3 of 1998, it further appears to us that in fact, in the s......he language of sub-rule (7) of rule 6 of the Rules, 1982, prescribing a period for filing an application for restoration of a case or appeal either within 30(thirty) days or 90 (ninety) days would amount to amending sub-rule (7) of the Rules, 1982 which is the domain of the Government. It also a......ng afresh and to dispose of the same on merit in the light of the observations made and the findings given hereinbefore. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 97. ..Category: Administrative Law | Date: 29 Apr, 2012 | Hits: 12
Md. Salim Hossain and other Vs. Artha Rin Adalat, Munshigonj and other, 2012, 41 CLC (AD)
....e in both the Civil Petitions for Leave to Appeal. Accordingly, both the Civil Petitions for Leave to Appeal are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 154. ......ra Bank Limited, Munshigonj Branch, Munshigonj, as the plaintiff, instituted Artha Rin Suit No.05 of 1997 in the First Court of Subordinate Judge and Artha Rin Adalat, Munshigonj for recovery of loan amounting to Tk. 5,20,932 impleading M/s. Nasima Enterprise and others as the defendants of the suit......ealization for decreetal dues of Tk.11, 84,400. In the auction, three bidders participated and the petitioner being the highest bidder, his bid was accepted with a direction to pay the entire auction money within 10-04-2004. Then the sale was confirmed on 10-04-2004 on payment of the entire auction ..Category: Civil Law | Date: 19 Apr, 2012 | Hits: 151
Government of Bangladesh and others Vs. Md. Badal and another, 2012, 41 CLC (AD)
....e above, we find merits in the appeals. Accordingly, the appeals are allowed. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 246. ......ms who was on duty at the relevant time demanded excess money over and above the legal customs duty from the petitioners and said Abul Hossain and she refused to assess the customs duty unless the amount demanded by her was paid. As the petitioners and Abul Hossain protested the illegal and mala......ent and clearance under the Baggage Rules, 2000, in short, the Baggage Rules. Respondent No.4, Mobara Khanum, Assistant Commissioner of Customs who was on duty at the relevant time demanded excess money over and above the legal customs duty from the petitioners and said Abul Hossain and she refu..Category: Criminal Law | Date: 17 Apr, 2012 | Hits: 20
Md. Ismail and another Vs. Abul Kashem and others, 2012, 41 CLC (AD)
....stating that it is an admitted fact that the co-preemptor is a co-sharer by inheritance of the case holding and in the circumstances the High Court Division ought to have allowed pre-emption of the whole land transferred in favour of this co-preemptor excluding the original pre-emptor-petitioner......ers of contiguous land. That knowing about that transfer of the case land the pre-emptor-petitioners filed the pre-emption case within the statutory period of limitation on depositing the requisite amount. 4. The pre-emptee-respondent Nos.2 to 5 appeared in that miscellaneous case and filed w......eposited within 1 (one) month. The petitioners are permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 570. ..Category: Property Law | Date: 15 Apr, 2012 | Hits: 149
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