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Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD)
....0,00,000 (Taka ten lakh) vide Cheque No.155882 dated 21-11-1996 on Rupali Bank, Gulshan Branch from Mr. KM Zakir Hossain of NW(B) 31 Road No.63 Gulshan, Dhaka-1212 as advance and first installment of payment against sale of my property at Shilmondi on Dhaka-Sylhet Road 20(Twenty) bighas of agricultu......tion of Taka 90,00,000 (ninety lakh), which is the price of 20 bighas of land measured at 30 decimals per bigha, rate of which was at Taka 4,50,000 per bigha and received Taka 10,00,000 (Ten lakh) by cheque No.15588 dated 21-11-1996 and he gave a signed receipt of the said money. Later on, on the ba..Category: Property Law | Date: 12 May, 2010 | Hits: 133
Aftab Automobiles Ltd Vs. Superintendent Customs, Excise & VA, 2010, 39 CLC (HCD)
.... company incorporated in Bangladesh under the Companies Act. The petitioner is registered with Vat authority and is engaged in trading of manufactured batteries procured from local manufacturers upon payment of VAT against 10% value addition at trading stage. Respondent No.1 by letter under Nothi No...... 33. The order of stay granted earlier by the court stands vacated. Communicate the judgment to the respondents at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 138. ..Category: Fiscal/Taxation Law | Date: 10 May, 2010 | Hits: 6
Sarwar Hossain Moni Vs. State and another, 2010, 39 CLC (HCD)
.... it was bounced with the remarks “Insufficient of funds” on 15-6-2008. Then the complainant served a legal notice on 22-6-2008 under section 138 of the Negotiable Instrument Act, 1881 demanding payment of Taka 50,00,000 (fifty lakh) only but the accused-petitioner inspite of receipt of the not......took Taka 50,00,000 (fifty lakh) only on account of business transaction from the complainant who assured him to reimburse the amount at the earliest opportunity and the accused-petitioner issued a cheque in favour of complainant bearing No.50/Kha Cha 1204311 dated 30-4-2008 of Bangladesh Commerce..Category: Banking Law | Date: 6 May, 2010 | Hits: 573
Abu Borhan Khan Khokon Vs. The State & another, 2010, 39 CLC (HCD)
.... act which reads as follows: "138. Dishonour of cheque for insufficiency, etc. of funds in the account. - (1) Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account is returned by the bank un......Biplob), Managing Director of Messer's Bangladesh Builders filed a petition of complaint before the learned Magistrate, 1st Class, Tangail on 29.11.2006 regarding an alleged occurrence of dishonor of cheques against the present petitioner under section 138 of the Negotiable Instruments Act, 1881. ..Category: Banking Law | Date: 25 Apr, 2010 | Hits: 177
M/S. Golden Match Works Limited Vs. Customs, Excise and VAT Appellate Tribunal, 2010, 39 CLC (HCD)
....VAT, claiming Tk.4,86,721.00 and imposing a penalty of Tk. 10,00,000.00 upon the petitioner-company under section 37(2) of the VAT Act, 1991 (herein after referred to as Act) for allegedly evading payment of VAT, should not be declared to have been passed without lawful authority and is of no le......the Tribunal. 16. We do not find any merit in the Rule which is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 249. ..Category: Fiscal/Taxation Law | Date: 25 Mar, 2010 | Hits: 8
....vernment on 12.07.2007 as envisaged in Section 30(b) of the Act, the respondent No.3 by its orders dated 19.07.2007 ("impugned orders") written on the face of the said ex-Bond Bills of Entry demanded payment of 5% customs duty though the respondents have however assessed and released the petitioner'......4.07.2007. The respondents are hereby directed to release the Bank Guarantees in accordance with law if submitted by the petitioner.
Ed.
This Case is also Reported in: 17 MLR (HCD) (2012) 437.
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Category: Fiscal/Taxation Law | Date: 25 Mar, 2010 | Hits: 134
Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)
....aintiff, the receipt of which was plaintiff acknowledges and admits. Balance consideration money at Taka 90,00,000 shall be paid by the defendant on or before 14-9-93 to the plaintiff and for the due payment of the said balance, delivers to the plaintiff a Bank guarantee issued by ANZ Grindlays Bank....... 44. In the result, the appeal is dismissed. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 323. ..Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13
Nuvista Pharma Limited Vs. Chairman, National Board of Revenue & ors, 2010, 39 CLC (AD)
.... the judgment and order dated 27-10-2010 passed by a Division Bench of the High Court Division in Writ Petition No.4968 of 2007 discharging the Rule with a direction to the petitioner to make full payment of the claimed amount within two weeks from the date of receipt of the judgment and order f......der. In the premises we do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 302. ..Category: Business or Commercial Law | Date: 4 Jan, 2010 | Hits: 4
Government of Bangladesh Vs. Syed Md. Belayet Hossain, 2009, 38 CLC (HCD)
....out of the judgment and order dated 11.08.2009 of the High Court Division passed in Writ Petition No. 9788 of 2007 making the Rule absolute. 2. The respondent filed the above writ petition seeking payment of part of his salary under Monthly Payment Order (MPO) Scheme stating, inter alia, that he ......ng and accordingly the above judgment and order of the High Court Division does not call for any interference. The petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 512. ..Category: Employment/Service Law | Date: 10 Dec, 2009 | Hits: 159
Md. Saiful Islam and others Vs. State and another, 2009, 38 CLC (HCD)
.... Parvin was given in marriage with the accused Saiful Islam. After the said marriage accused-petitioner demanded Tk.50,000/- as dowry for getting a job in police department and the complainant made payment of Tk.50,000/- in cash to the accused No.1, subsequently he again demanded Tk.1,50,000/- as...... 2000 pending in the Nari-O-Shishu Nirjatan Daman Tribunal, Sirajgonj is hereby quashed. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 420. ..Category: Women and Children | Date: 8 Dec, 2009 | Hits: 14
Rezaul Kabir (Md.) and another Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....tition No. 9168 of 2007 joined Barisal City Corporation on 30-5-2004 as Assistant Accounts Officer without any pay of probationary basis. Subsequently, on 11-9-2005 he was taken on the Master Roll on payment of Taka 170 only. Subsequently on 6-2-2006 he was appointed on temporary basis on National P......ave been passed without any lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 19 ..Category: Administrative Law, Employment/Service Law | Date: 22 Nov, 2009 | Hits: 3
Md. Jubayer Vs. State and others, 2009, 38 CLC (HCD)
....iting to the drawer of the cheque within thirty days of the receipt of information by him from the Bank regarding the return of the cheque as unpaid. The drawer of the cheque is obliged to make the payment within thirty days of the receipt of the said notice………………………..(14) ......e Rule is made absolute. The Negotiable Instruments Act, 1881 (Act No. XXVI of 1881); sections 138 & 141 In order to make person liable under section 138, the payee of the cheque has to give a notice in writing to the drawer of the cheque within thirty days of the receip..Category: Criminal Law | Date: 9 Nov, 2009 | Hits: 128
Md. Rezaul Kabir Vs. State and another, 2009, 38 CLC (HCD)
....ow pending in the Land Ministry for settlement, for which the said Upazila Nirbahi Officer demanded Tk.4,00,000/- of which he already paid Tk. 10,000/- to the said Upazila Nirbahi Officer. For making payment of the aforesaid Tk. 49,500/- on 18.7.2007 at 12-35 p.m. to the accused the said witness Md.......py of this judgment and order be sent to the Special Judge and Sessions Judge, Mymensingh for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 482. ..Category: Anti-Corruption Laws | Date: 11 Oct, 2009 | Hits: 10
Sheikh Mashuk Rahman Vs. State and another, 2009, 38 CLC (HCD)
....cashment on 3-8-05, but all the cheques were dishonoured by the concerned Branch with the remark 'Insufficient fund'. That an undertaking was signed by the accused on 12-7-05 in writing in respect of payment of outstanding dues; That the complainant served legal notice on 15-8-05 upon the accused by...... on 12-5-05 between the accused petitioner and complainant-company in presence of the witnesses wherein it was incorporated that the accused will be given credit facilities on sales and he will place cheques for the same to be encashed within the time limit; that during transactions, on request of t..Category: Banking Law | Date: 16 Aug, 2009 | Hits: 190
Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)
....d. Since the appellant is on bail, let him be released from the bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 107. ......ate evidence. Mr. Karim submitted that PW 35, an officer of Janata Bank gave false evidence by exhibiting Exhibit 26 and drew our attention to the statement of account in janata Bank wherein the same cheque number being 5066701 was shown to have been deposited twice for two different amounts which i..Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286
....was inducted in the suit premises as his tenant fixing monthly rent of Tk. 400/- to be paid within 10th of following month as per Bengali Calendar. Subsequently the defendant became defaulter in payment of rent and as such he instituted S.C.C. suit no 08 of 1993 against him, which was decreed o...... order of stay granted earlier by this Court stands vacated.
Office is directed to send down the record of the case at once.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 73.
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Category: Tenancy Law | Date: 5 Jul, 2009 | Hits: 154
Most. Abu Tara Vs. Md. Abdur Rahim Khan and others, 2009, 38 CLC (HCD)
....the sale deed by the petitioner within three years, the opposite party No.1 will have the right to get the sale deed executed in his favour through Court. That on 2.8.98 the petitioner took a further payment of Tk. 2,50,000/=from the opposite party No.1. That the opposite party No.1 requested the pe...... rule is discharged without any order as to costs. Lower Courts records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 449. ..Category: Evidence Law | Date: 25 Jun, 2009 | Hits: 42
Emran Ahmed & 20 anothers Vs. Bangladesh and others, 2009, 38 CLC (HCD)
.... runs as follows: "52. Termination.- (1) Service of permanent employee may be terminated by the Corporation without assigning any reason by granting three months notice or, in lieu thereof by payment of pay. (2)............" 42. The aforesaid provision gives the authority ample discret......iority, back wages and other privileges within 30 days of receipt of a copy of this Judgment. There will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 213. ..Category: Employment/Service Law | Date: 2 Jun, 2009 | Hits: 35
Sheikh Md. Nurul Haque Vs. State and another, 2009, 38 CLC (HCD)
....s act which reads as follows: "138. Dishonour of cheque for insufficiency, etc. of funds in the account.- (1) Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account is returned by the bank un......mplainant was a business man maintaining business for long time with reputation that on the other hand, the accused petitioner used to purchase goods (construction materials) from him by cash or by cheque; that on 30-04-2005 the accused petitioner gave a cheque to the complainant at his business e..Category: Banking Law | Date: 26 May, 2009 | Hits: 663
Sirajul Islam (Md) Vs. Tauhid Uddin Ahmed & another, 2009, 38 CLC (HCD)
....d petitioner Md. Sirajul Islam alleging, inter alia, that the complainant, Tauhid Uddin Ahmed, owes the accused petitioner Taka 3,00,000 (three lac) in connection with business and for the purpose of payment of the said dues, the accused petitioner gave a cheque on 4-10-2005 for Taka 3,00,000 (three......t the complainant, Tauhid Uddin Ahmed, owes the accused petitioner Taka 3,00,000 (three lac) in connection with business and for the purpose of payment of the said dues, the accused petitioner gave a cheque on 4-10-2005 for Taka 3,00,000 (three lac) from Social Investment Bank Ltd., Panthopath Branc..Category: Banking Law | Date: 4 May, 2009 | Hits: 280
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