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Sonali Bank Vs. Habib Medical Store and Others, 2012, 41 CLC (HCD)
....ed interest thereon. But in the case in hand the defendant failed to do so and the plaintiff appellant filed the suit but the Court below while decreeing the suit arbitrarily deducted the interest as claimed by the Bank. By referring the nature of deposit with the Bank with public money, he submits ......also Reported in: 68 DLR (HCD) (2016) 73 ......a 2, 00,000. After arrival of the goods the defendant failed to take delivery in time and, as such, the goods were sold in auction and thereafter the Bank sent a notice to the defendant to adjust the money with the accrued interest thereon. But in the case in hand the defendant failed to do so and t..Category: Banking Law | Date: 14 Feb, 2012 | Hits: 0
....ymensingh (Respondent No.10) about the non-payment of telephone bills by the appellant for an amount of Tk.31,110/= against telephone No.45701 earlier taken by the appellant.
3. Respondent No.1 also claimed that the appellant took loan from the Pubali Bank Limited and the outstanding loan stood at ......ect.
Accordingly the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489.
......ice has been committed by the returned candidate or his election agent or by any other person with the connivance of the candidate or his election agent; or
(d) The returned candidate has spent more money than what is allowed under Article 44B (3).”
57. Clause (b) of sub-article (1) of Article 6..
Category: Election Law | Date: 14 Feb, 2012 | Hits: 262
....e as to why the decision of the respondent No.1 (BTRC) issued vide Memo No. BTRC/LL/ Mobil/License dated 17-10-2011 (Annexure-I) ("impugned memo") under the signature of the respondent No.4 claiming Spectrum Assignment Fee based on the Market Competition Factor (MCF) in so far as, it ......otal consideration value. It is never deducted like advanced income-tax or income-tax from the income. In whichever stage one deducts and pays VAT, he has to deduct it after addition of VAT and not before addition. .......(39)
Constitution of Bangladesh, 1972
Article 102
......e argues, to comply with the basic scheme of the VAT Act and VAT Rules made thereunder, BTRC lawfully motioned the words 'without any deduction' in the impugned memo, which means the demanded money has to be paid as it is, and, while calculating VAT to pay the same at source, the petitioner ..
Category: Fiscal/Taxation Law, Information Technology Law | Date: 13 Feb, 2012 | Hits: 15
....fidavit-in-opposition that the Paris Convention for Protection of intellectual Property provides that there will be no requirement as to domicile or establishment in the country where protection is claimed which may be imported by the nationals of countries of the union and under no circumstances ......hamsud Doulah, Advocate - For the Respondents.
Trademark Application No.1 of 2011.
Judgment
AFM Abdur Rahman J. - This application, under section 42 of the Trade mark Act 2009, praying for rectification of the Register of Trade marks by removing the registered Trade mark No.31112 in c......rade mark No.31112 in Class -32 for the Trade Name "FROOTI", in accordance with law.
However, there shall be no order as to costs.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 730.
..
Category: Intellectual Property Law | Date: 12 Feb, 2012 | Hits: 91
Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)
....t the signature on behalf of his three minor children i.e. defendant Nos.2-4 upon obtaining permission from the Court and in that compromise petition the plaintiffs ultimately relinquished their claim in favour of the defendants of Title Suit No.168 of 1991 in respect of schedule Ka, Ga and Gha......ssed by the learned Sub-ordinate Judge, Additional Court and Artha Rin Adalat No. 2, Dhaka in Title Suit No. 155 of 2001. 2. During pendency of the appeal when the matter was brought in the list for hearing at that stage an application for recording a decree on compromise was filed before ......n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ..Category: Property Law | Date: 7 Feb, 2012 | Hits: 4
....ithout any precautions to keep traffic jam free at the
area the respondent has plunged the city dwellers to hazardous situation, in
violation of their fundamental rights.
8. The petitioner has claimed that it receives no fund from
abroad or from any citizen of the country except the lawyer m...... also Reported in:......can be treated as a public interest litigation, and the
necessity of swearing any affidavit can be dispensed with.
The office is directed accordingly.
Ed.
This Case is also Reported in:..
Category: Constitutional Law | Date: 2 Feb, 2012 | Hits: 15
Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
....rsuance of lease deed dated 18 May, 1965; that he is in possession of a portion of the suit land but, he failed to prove the portion in which he is in specific possession and that the defendant's claim of dispossession in respect of the second schedule land by the plaintiff by raising 4(four) th......rt of waqf property in perpetuity with prior sanction of the Administrator. The language used in this section is so explicit that the mutawalli can exercise the right of transfer by way of lease for a period exceeding 5 years with prior approval of the Administrator. The words and figure &......s definitely permanent in nature though as per section 58 of the Act mortgage is the transfer of an interest in specific "immovable property" for the purpose of securing the payment of money advanced or to be advanced by way of loan, an existing or future debt, or the performance of a..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
Mosharref Hossain Vs. Governor, Bangladesh Bank and others, 2012, 41 CLC (AD)
....issued to any business enterprise for the purpose of running any business, it is a pre-condition that Rules, Regulations, terms and conditions attached to the license must be strictly followed. A claim of violation of fundamental rights guaranteed by Articles 31 and 40 of the Constitution does......others…………………………………………Respondents Judgment January 26, 2012. Result: The petition is dismissed. When any license is issued to any business enterprise for the purpose of running any business, it is a pre-condition that Rules, Regulations, terms and co......rder dated 03.09.2007 passed by the High Court Division in Writ Petition No.5662 of 2001 discharging the Rule. 3. The petitioner was a licensed currency dealer operating his business as a currency money changer under license issued by the Bangladesh Bank. The terms and conditions of the license s..Category: Banking Law | Date: 26 Jan, 2012 | Hits: 148
MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)
....h arbitration. The appellant with that view in mind, to resolve the dispute through negotiation and to arrive at a mutually acceptable solution, submitted a written statement with details of the claim to RAJUK vide Memo dated 8-9-1997 with a request to make payment of the amount under the claim......posed of. The word judgment is not defined in the Arbitration Act. Order XX, rule 4(2) of the Code requires that judgments of all Courts shall contain a concise statement of the case, the points for determination, the decision thereon, and the reasons for such decision. Section 17 of the Arbitr......dge, 5th Court, Dhaka upon hearing the parties rejected the written objection on 7-5-2000 holding that the same is barred by Article 158 of the Limitation Act and also for failing to deposit security money with the written objection in violation of the provisions of section 33 of the Arbitratio..Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7
Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)
....eir liability to execute and register the kabala in respect of the suit flat? We also failed to understand how defendant No.3 and other flat buyers from the developer of the project in question could claim to sell the suit flat when admittedly the same fell in the share of the developer and defendan......bsp; Mahmudul Islam, Senior Advocate instructed by Syed Mahbuar Rahman, Advocate-on-Record—For Respondent No.1. None represented—For Respondent Nos.2-10. Civil Petition for Leave to Appeal No. 530 of 2011. (From the judgment and order dated the 8th day of June, 20......at plot No.11 of Street No.4 of DOHS, Banani at taka 30,00,000 (thirty lac). And then again a tripartite agreement was executed with defendant No.1-company through defendant No.2 on 30-6-2001 and the money paid earlier was adjusted towards the value of the new apartment. The plaintiff made further p..Category: Property Law | Date: 22 Jan, 2012 | Hits: 87
Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)
....olve the matter. The petitioner has annexed all those papers before us in the writ Petition and by Supplementary Affidavit respondents in their reply also submitted several factual aspect denying the claim of the petitioner. We have already observed that these are the question of fact which cannot b......the name of his proprietorship firm "Universal Money Changer" issued by the respondent No.3, Deputy General Managers, Foreign Exchange Policy Division, Bangladesh Bank dated 18.9.1997 to buy and sale foreign currency from the incoming and outgoing passengers. The said license was issued on yearly ba......t. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Mustafa Zaman Islam J. - I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179
Shamsuddin Ahmed & others Vs. City Bank Ltd., 2012, 41 CLC (HCD)
....ule 90 for setting-aside the sale. The present appellant has filed the said application dated 4-2-2008 under section 57 of the Artha Rin Adalat Ain, 2003…..(15) Whether the appellants can claim for Right of equitable redemption when the final decree is drawn and the sale is confirmed- ......rder No.150 dated 15-3-2004 rejected the said application of the judgment debtors after giving detailed reasoning. The present appellants have not filed any proper application under Order XXI Rule 90 for setting-aside the sale. The present appellant has filed the said application dated 4-2-2008 unde...... only before the sale pursuant to the said final decree is confirmed by the court…………(16) Whether the petition is maintainable without deposition of required security money- The requirement of depositing 25% of decreetal amount is mandatory since the conseq..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 4
Sree Prodip Barua alias Bappi Vs. Faisal Madani and another, 2012, 41 CLC (AD)
...., from the above discussion it is evident that there is no merit in this civil petition for leave to appeal and hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 231. ......etitioner. Abdul Wadud Bhuiyan, Senior Advocate, instructed by Giasuddin Ahmed, Advocate-on-Record—For Respondent No.1. Respondent No.2—Not represented. Civil Petition for Leave to Appeal No.1569 of 2011. (From the judgment and decree dated 24.02.2011 passed by t...... while was in possession of the suit land entered into a contract with the plaintiff to sell the suit land to him at a consideration of Tk.24,00,000/- and on receipt of Tk.10,00,000/- as earnest money he executed a bainanama (exhibit-2) on 01.01.1998 in favour of the plaintiff and also del..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 118
Dr. Anowar Hossain Vs. Reya Builders and Engi¬neers Ltd, 2012, 41 CLC (HCD)
....p;of the Arbitration Act, 2001 before the learned District Judge, Dhaka, which was numbered as Arbitration Miscellaneous Case No. 860 of 2008 against the sole respondent for appointment of Arbitrator claiming proportionate share of commercial/residential portion, parking place and compensation as pe......reement is a Necessary or Proper Party in the Proceedings- After appreciating the provisions of section 7A and 21 of the Arbitration Act, 2001, it is manifest that the application for addition of patty by the 2nd party to implead the 3rd party in the proceedings does not come wit......of accordingly. The order of stay granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 152 ..Category: Arbitration Law | Date: 12 Jan, 2012 | Hits: 7
Millennium Holdings Limited Vs. Hilton International Co., 2012, 41 CLC (HCD)
.... interim order dated 24.8.2011 and the petition under Section 7(a) of the Arbitration Act, 2001 is rejected. However, there shall be no order as to costs. Ed. This Case is also Reported in: ......ation Application No.21 of 2011. Judgment AFM Abdur Rahman J.- By this application, under Section 7(a) of the Arbitration Act, 2001, upon which the petitioner Millennium Holdings Limited prayed for issuing notice to the respondents to show cause as to why the respondents shall not be restraine......n the central Dhaka with a third party for which they are unable to discuss with the petitioner for additional “Hilton” branded hotel in Dhaka. The petitioner since invested substantial amount of money under the said management agreement and incurred losses as such the petitioner filed the insta..Category: Arbitration Law | Date: 10 Jan, 2012 | Hits: 45
Mohammad Ali Vs. State and another, 2010, 39 CLC (HCD)
....ed with all the Criminal Miscellaneous Case mentioned above and sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 428. ......tion of the legislature which has been expressed through the medium of words. To interpret is not to restrict or to expand the meaning of the statute which, in truth, it intends to convey. So every effort is necessary to make a statute workable and not to render it ineffective by giving a meaningl......Mr. Amin further submits that the "account payee cheque" is no doubt a cheque as defined in section 6 read with section 126 and 123 A of the Negotiable Instruments Act where the mode of collection of money mentioned in the cheque has been properly described. The provision laid down in section 123(2)..Category: Banking Law | Date: 10 Jan, 2012 | Hits: 452
Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
....of the trial Court. The learned Counsel further points out that the deposition on behalf of the Vendor is that 912 years were extended for completion of the deed of sale, which is consistent with the claim of the Vendor in her plaint and as such the Purchaser was not in default even up to the time o......Ispahani…………….....Respondent (In both the appeals) Judgment January 10, 2012. Result: The appeals are allowed. Cases Referred to- 5 BLD (AD) 51;Civil Petition for Leave to Appeal No.360 of 2000;Manjunath Anandappa Urf Shivappa Hanasi vs.Tammanasa and others 1......or-First Party shall make no payment whatsoever on this account. It is specifically mentioned herein that the Gains Tax paid by the Purchaser-Second Party shall not be deducted from the consideration money. 3. That the Purchaser undertakes to pay the stamp duty for the Sale Deed under Article 2..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Md. Amzad Hossain Parag Vs. Md. Saiful Islam and others, 2012, 41 CLC (AD)
....red deed of the year 1975 as forged, inoperative and collusive. A registered deed has got a presumptive value of being genuine. This presumption, no doubt, is rebuttable. The party who claims a registered deed to be forged, collusive etc. the initial onus lies upon that party to ...... Rokanuddin Mahmud, Senior Advocate instructed by N. I. Bhuiyan, Advocate-on-Record —For the Petitioner. Md. Mazibur Rahman, Advocate-on-Record —For Respondents. Civil Petition for Leave to Appeal No.1703 of 2010. (From the judgment and order dated 21.01.2010 passed by th......his D.W.4 in its judgment. This D.W.4 in cross-examination has stated that his nayeb Ahmad Ali Pramanik used to negotiate the transfers of land by him and in many cases he took the consideration money also from the purchasers. This D.W.4 has stated also that he could not remember how much ..Category: Property Law | Date: 9 Jan, 2012 | Hits: 98
Somed Ali Vs. State, 2011, 40 CLC (AD)
....that the condemned petitioner was put on trial before the Sessions Judge, Hobiganj along with 9 (nine) others and was charged under section 302/34 of the Penal Code to which he pleaded not guilty and claimed to be tried. 3. The prosecution case as stated by P.W.1, the informant (hereinafter ref......Division Bench of the High Court Division in Death Reference No.129 of 2003 heard along with Jail Appeal No.614 of 2003 rejecting the reference and dismissing the jail appeal. 2. Facts necessary for disposal of this jail petition are that the condemned petitioner was put on trial before the Ses......e petitioner being in poverty wanted to sell me gold ornaments of his wife. The P.W. told his ‘বেয়াই’ that he would give taka 3000.00 and accordingly, he having gone home, sent the said money. The P.W. took Anguri Khatun to his house on ‘বেয়াই’ in the month of Jaistha and..Category: Criminal Law | Date: 15 Dec, 2011 | Hits: 27
Mrs. Jahanara Ahmed Vs. Arab Bangladesh Bank Ltd. and others, 2011, 40 CLC (AD)
....record." Security of Tk. 1,000/- is to be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 185. ......Nos. 1 and 2. Mahbuby Alam, Senior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record—For Respondent No.14. Respondent Nos. 3-13, 15 & 16—Not represented. Civil Petition for Leave to Appeal No.1728 of 2009. (From the judgment and order dated 28.05.2009 passed by the ......ed for schedule "A" property was Tk.27,00,000/- and for the schedule "B" property was Tk.60,01,000/-. The executing court accepted the said highest bid and ultimately on receipt of the entire auction money from the highest bidder made the auction sale absolute. Meanwhile with the proclamation of the..Category: Property Law | Date: 15 Dec, 2011 | Hits: 81
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