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Dhirendra Nath Mondal Vs. Agrani Bank Ltd and others, 2010, 39 CLC (HCD)

....3 of 2001 is hereby affirmed. However, there will be no order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 301. ......ive, inoperative and not binding upon him. 3. The plaintiff's case, in short, is that, the plaintiff availed loan facility from the branch of the defendant No.1-Bank, and still there is transaction between the plaintiff and the said branch of the defendant No.1 but the plaintiff did not mor..

Category: Civil Law | Date: 7 Jun, 2010 | Hits: 6

Commissioner of Customs and others Vs. M/S. Sunlit Fashion Limited, 2010, 39 CLC (AD)

.... order dated 2.11,2002 passed by the High Court Division is set aside. The appeal is allowed without any order as to cost. This Case is also Reported in: 16 MLR (AD) (2011) 54, VIII ADC (2011) 29. ......imported fabrics, in the above letter they, in terms of sub- section (2) and (3) of section 13 of the Customs Act, 1969, was asked to show cause within 7 days and in case of failure appropriate legal action should not be taken against them. The respondent further stated that they, having not receive..

Category: Fiscal/Taxation Law | Date: 19 May, 2010 | Hits: 63

Aftab Automobiles Ltd Vs. Superintendent Customs, Excise & VA, 2010, 39 CLC (HCD)

....r section 9 (2) of the VAT Act has lawful Jurisdiction to cancel the rebate and adjust it on the current account register of the petitioner by necessary order. ........................ (26) Show Cause notice Section 9 of the VAT Act, provides that no show cause notice is necessary before a...... (ii) Section 36 of the VAT Act authorizes the VAT officers to examine the Dhakil-patras/papers filed by any person under section 35 of the VAT Act and the said officers may take appropriate steps/action under section 36(3) of the VAT Act over VAT related matters. (iii) Under section 9 of th..

Category: Fiscal/Taxation Law | Date: 10 May, 2010 | Hits: 6

Sarwar Hossain Moni Vs. State and another, 2010, 39 CLC (HCD)

....ed to dispose of the case as expeditiously as possible. Let a copy of this order be communicated to the Court concerned immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 510....... 2008 (South) before the Chief Metropolitan Magistrate, Dhaka under section 138 of the Negotiable Instrument Act, 1881 against the accused-petitioner stating, inter alia, that there was business transaction between him and the accused-petitioner and the accused-petitioner being his close relation to..

Category: Banking Law | Date: 6 May, 2010 | Hits: 573

Abu Borhan Khan Khokon Vs. The State & another, 2010, 39 CLC (HCD)

....pported by our apex Court- i) a cheque can be presented for encashment on any number of occasions within the period of its validity and its dishonour on every occasion will give rise to a fresh 'Cause of action' within the meaning of clause (b) of section 141 of the Negotiable Instruments Act s......nt petition of complaint against the petitioner. The complainant did not disclose the date of receipt of the cheque in question and the complaint has been filed against the petitioner before cause of action as specified in section 138 of the Negotiable Instrument Act as such the proceeding of Sessio..

Category: Banking Law | Date: 25 Apr, 2010 | Hits: 177

Kazi Md. Abdul Basit Vs. State, 2010, 39 CLC (HCD)

....r arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 219. ......estigate or to report on any matter affecting pecuniary interests of the Government or to make authenticate or keep any document relating to pecuniary interest of the Government or to prevent the infraction of any law for the protection of the pecuniary interests of the Government. A line is require..

Category: Criminal Law | Date: 13 Apr, 2010 | Hits: 119

Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)

..... 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. ......letter dated 12-9-1993 issued at the request of defendant No.1, made material deviation from the original guarantee dated 15-6-1993 and by practicing fraud on the plaintiff, vitiating the entire transaction and rendering the Bank Guarantee ineffective. Plaintiff further stated that, in order to perp..

Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13

Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)

....squo;s entirety, but so far as the same relates to the Petitioner only. There will, however, be no order as to costs. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......framed, reflects a completely non speaking order, which vindicates the fear that the learned judge below failed to take into accounts such factors, he ought to have taken account of, and as such, his action fails to pass the minimum test of reasonableness in the Wednessbury sense. When a Court conce..

Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228

Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)

....ption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......a much broader spectrum, challenging the very continuation of the criminal proceeding, contending that the same should be set aside, as the FIR stories disclose no offence as the evidence of malafide action is quite conspicuous. 4. In impugning the direction concerned, the Petitioner has allege..

Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102

Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....uption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......oader spectrum, challenging the very continuation of the criminal proceeding, contending that the same should be set aside, as the FIR stories disclose no offence and also as the evidence of malafide action is quite conspicuous. 4. In impugning the direction concerned, the Petitioner has allege..

Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131

Humayun Khan @ Md. Humayun Khan and another Vs. Anti Corruption Commission and Others, 2010, 39 CLC (HCD)

....les is hereby vacated. Bail of the petitioners is cancelled. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 409. ......on in existence, therefore, the investigation against the petitioner was undertaken without any lawful authority. The learned advocate pointed out that although section 18(2) attempts to legalise all actions taken during the period from 7.2.2007 to 24.2.2007, such action is not acceptable in the eye..

Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 145

State Vs. Secretary, Ministry of Home Affairs, 2010, 39 CLC (HCD)

....rection that a copy be kept in the dossier of the two learned Magistrates concerned. Md. Abu Tariq J. - I agree. This Case is also Reported in: 16 MLR (AD) (2011) 254; 30 BLD (HCD) (2010) 265. ...... respondents submits that the police ought not to have arrested the two younger children who were below the age of criminal responsibility. However, he points out that after due inquiries appropriate action has been taken against the police and ansar personnel as mentioned in the report of the Assis..

Category: Women and Children | Date: 1 Mar, 2010 | Hits: 177

Ayrin Akhter Lypi Vs. Bahadur Khan and another, 2010, 39 CLC (HCD)

....his judgment and order to the Court concerned for inf6rination and necessary action. Ed. This Case is also Reported in:19 BLT (HCD) (2011) 488; 15 MLR (HCD) (2010) 139; 30 BLD (HCD) (2010) 280. ......ll take necessary steps for securing his attendance to trial. Send down the Lower Court Records at once with a copy of this judgment and order to the Court concerned for inf6rination and necessary action. Ed. This Case is also Reported in:19 BLT (HCD) (2011) 488; 15 MLR (HCD) (2010) 139; 30..

Category: Women and Children | Date: 27 Jan, 2010 | Hits: 156

Farida Begum Minu and others Vs. Abdul Jabbar being dead his heirs Md. Nurul Amin and others, 2010, 39 CLC (HCD)

....he order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 424. ...... 3. The defendant No.1 and 2 contested the suit by filing written statement denying all the materials allegation made in the plaint and stating, inter alia, that the plaintiffs have no cause of action to file this suit. The suit is not maintainable in its present form. The suit land belonged ..

Category: Property Law | Date: 6 Jan, 2010 | Hits: 8

Nuvista Pharma Limited Vs. Chairman, National Board of Revenue & ors, 2010, 39 CLC (AD)

....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. ......erly approved with the respondent authorities and various other authorities. It appears from the record that the predecessors of the petitioner company Organon (Bangladesh) Limited did not take any action against the demand notice dated 23-4-2007 (Annexure-El) on the ground of non-compliance of ..

Category: Business or Commercial Law | Date: 4 Jan, 2010 | Hits: 4

Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)

....he result, the appeal is dismissed with costs. The connected Rule is discharged. Send down the lower Court records at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 679. ......hwnath Vs. Thakur Radha Balladhji, AIR 1967 SC 1044 it was observed: "The question is, can such a person represent the idol when the Shebait acts adversely to its interest and fails to take action to safeguard its interest. On principle we do not see any jurisdiction for denying such a rig..

Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94

Nirmal Chandra Shaha Vs. The State and others, 2009, 38 CLC (HCD)

....liance to the Registrar of this Court. With the above directions and observations, the appeal is allowed. Naima Haider J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 584. ......consider the statement of the girl, if only to ascertain that her welfare would be protected by any order passed by this Court. We believe that the elder unmarried sibling would feel aggrieved by the action of the victim in getting married first. In our social context the elder sibling's chances of ..

Category: Women and Children | Date: 14 Dec, 2009 | Hits: 150

Md. Saiful Islam and others Vs. State and another, 2009, 38 CLC (HCD)

.... 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. ......her father's house. 3. The learned Magistrate forwarded the said petition of complaint to the officer-in-charge of Belkuchi police station for treating the same as FIR and for taking necessary action. 4. The investigating officer after investigation of this case found the allegations to..

Category: Women and Children | Date: 8 Dec, 2009 | Hits: 14

Rezaul Kabir (Md.) and another Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....................Petitioners Vs. Bangladesh and others........................Respondents Judgment November 22, 2009. Result: The Rules are made absolute. Prior Show Cause Notice With Adequate Explanation It is fundamental principle of administra­tive law t......rvices and the same calls for no interference by this Court. The learned Advocate further submits that this is not a case of termination, dismissal, dis­charge, retrenchment or any other punitive action against the Petitioners. It is a case where the Petitioners in collusion with the Mayor of th..

Category: Administrative Law, Employment/Service Law | Date: 22 Nov, 2009 | Hits: 3

Human Right and Peace for Bangladesh (HRPB) and another Vs. The Mayor, Dhaka City Corporation and others, 2009, 38 CLC (HCD)

....onstruct a boundary wall which has been demolished by the contractor within such period. Stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: ......ned Advocate for the respondents goes to argue that honoring the public sentiment Dhaka City Corporation also took the matter and issued a letter asking the Contractor not to proceed with the contraction work of the road and subsequently the present Rule has been issued. Moreover, he has concede..

Category: Constitutional Law | Date: 17 Nov, 2009 | Hits: 6