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Safi Uddin Vs. District Judge, Dhaka & others, 2012, 41 CLC (AD)
....prove consideration for the instrument or instruments in question in accordance with the provisions of rule 3 of Order XXXVII of the Code; the defendant, American Express Bank Ltd, (it was not made a party in the writ petition as already stated hereinbefore) is a Banker within the meaning of section......k could not trace out any notice/summons issued by the Court concerned. The concerned officers of the defendant-Bank, subsequently, on receipt of notice issued in Summary Suit No.16 of 2005 regarding payment of the decreetal amount examined the connected records and filed an application on 24.04.200...... the impugned judgment and order calling for interference by this Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 183. ..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 108
Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)
....y footing by amending the Regulations for Working of Chittagong Port (Cargo and Container), 2001(in short the Regulations, 2001) abolishing the age-old stevedoring/ ship handling services at CP in particular substituting, amongst others, regulations 68 and 74 of the said Regulations, which had b......el’s hatch/hook point to jetty point. The discharging of cargo/container is internationally known as “stevedoring”. For this on board services, the stevedores/berth operators get their bills/payment from the shipping agents or ship owners for the above work; 23. After discharging of c......lic fund”. In this regard it has been submitted that section 2(33) of the Act 2006 defines “public funds” as “any fund allocated to a procuring entity under the government budget, grants or loan placed at the disposal of a procuring entity through the government by the development partne..Category: Others | Date: 21 Jun, 2012 | Hits: 20
.... ‘kha’ list of the abandoned buildings since it was never pointed out either by the Ministry of Works and by the Revenue Authority that the property is an abandoned property. In the early part of 2000 AD, the writ petitioner came to know that the property has been enlisted in the ‘......al is allowed and the impugned judgment is set aside. The disputed deed being No.4196 dated 30.11.1998 is declared void. There is no order as to costs.
Ed.
This Case is also Reported in:
......al is allowed and the impugned judgment is set aside. The disputed deed being No.4196 dated 30.11.1998 is declared void. There is no order as to costs.
Ed.
This Case is also Reported in:
..
Category: Property Law | Date: 20 Jun, 2012 | Hits: 94
Golam Kibria (Md.) Vs. Bangladesh, 2012, 41 CLC (HCD)
....s to why the failure in complying with the 30% (Thirty percent) quota system reserved for freedom fighters and/or their issues, as contained in respondent No. 2's Memo No. SA Ma (Bidhi-1) S-8/95 (part-2) 56 (500), dated 17-3-1997, as amended by Memo No. 170.1997.07.04.068.2010-150, dated 5-5-201......exure-A and A1) to the extent to 30% quota, if he is otherwise not disqualified. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 148 ......exure-A and A1) to the extent to 30% quota, if he is otherwise not disqualified. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 148 ..Category: Administrative Law | Date: 19 Jun, 2012 | Hits: 3
Secretary, Bangladesh Bar Council Vs. AFM Faiz and others, 2012, 41 CLC (AD)
....23 and 25 of the Order of 1972 at least 30 days before the polling. The voter list has not been prepared in accordance with law. 7. The learned Judges of the High Court Division upon hearing the parties disposed of the Rule by the judgment and order dated 25-5-2012. 8. Feeling aggrieved by......ended till 30th July,2012 or till publication of the election result in the official Gazette, whichever is earlier. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 70. ......ended till 30th July,2012 or till publication of the election result in the official Gazette, whichever is earlier. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 70. ..Category: Others | Date: 18 Jun, 2012 | Hits: 7
Dr. Tapan Kumar Dey Vs. State, 2012, 41 CLC (AD)
....etitioner submitted his wealth statement on 18-1-2008. The High Court Division after considering the submission of Mr. Hassan Ariff as noted hereinbefore took the view that the very failure on the part of the petitioner to submit wealth statement within the period as was asked for itself constit......controversial matters.” In view of the above, we find no merits in the leave petition. Accordingly the same is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 1. ......controversial matters.” In view of the above, we find no merits in the leave petition. Accordingly the same is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 1. ..Category: Anti-Corruption Laws | Date: 14 Jun, 2012 | Hits: 10
AK Azad and another Vs. Mostafizur Rahman and others, 2012, 41 CLC (AD)
....iff filed the suit. 4. Defendant No.1 contested the suit by filing written statement denying the material statements made in the plaint. His case, in short, is that the suit is bad for defect of parties and barred by law of limitation. The bainapatra dated 3-3-2002 is forged and is created by t......trument disclosed that the signature of the defendant in the 'bainapatra' is false and forged and on the other hand, the PWs could not prove that the defendant signed the 'bainapatra' nor could prove payment of the amount consideration to the defendant and with the findings the Court of appeal below...... 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. ..Category: Property Law | Date: 13 Jun, 2012 | Hits: 27
Kabir Ahmed Vs. Korban Ali and others, 2012, 41 CLC (AD)
....rcise of power. Thus it can not be said that the High Court Division has committed no error of law in allowing the prayer summarily but, as observed above, the main issue in controversy between the parties being the genuineness of the deed of gift, the thumb impressions appearing therein should ......f is directed to pay costs to the defendant as a condition to allow his prayer. Accordingly, the order of the High Court Division is modified. The application of the plaintiff is allowed subject to payment of Tk.20, 000/- as costs to be deposited in the appellate Court within 1(one) month from th......parison of the disputed thumb impression in question shall also stand rejected. The appeal is dismissed with the above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 130. ..Category: Procedural Law | Date: 12 Jun, 2012 | Hits: 8
....
view of the above, 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) 832.
...... their predecessors the
original lessees and since both the applications are still pending and since
the writ petitioners, admittedly, have been possessing their leasehold land
peacefully on payment of rent to the government regularly and paid rent upto
1415 B.S. and since the writ petitio......
view of the above, 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) 832.
..
Category: Procedural Law | Date: 7 Jun, 2012 | Hits: 5
Abul Kashem Vs. Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)
....11). Judgment Syed Mahmud Hossain J. - This petition for review arises out of the judgment and order 14-02-2012 passed by this Division in Civil Appeal No.27 of 2011 dismissing the same and partly affirming the judgment and order dated 15-12-2009 passed by the High Court Division in Electi...... defaulter. 5. The third source was a letter dated 02-12-2008 under memo No.T-R/mm/Nirbachan/08 sent by the Accounts Officer, Telephone Revenue, BTCL, Mymensingh (Respondent No.10) about the non-payment of telephone bills by the petitioner for an amount of Tk.31,110 against telephone No.45701 e......lection process, the Deputy Commissioner, Tangail acting as Returning Officer received objections and information about disqualification of the petitioner on two counts, namely default in paying bank loan and telephone bills. 3. The first source was a letter dated 30-11-2008 issued by the Sonal..Category: Election Law | Date: 5 Jun, 2012 | Hits: 217
Grameen Telecom Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....... .............................Respondent Judgment June 3, 2012. Result: All the questions raised in the reference applications are decided in the affirmative in favour of the Department and against assessee. Case Referred To— Md. Yasin Miah and others Vs. Bangl......l as well as Tribunal accepted bridge loan of Taka 11 crore only from Grameen Kalyan and refused to accept the balance of Taka 3 crore as bridge loan from Grameen Kalyan inasmuch as, the later showed payment of Taka 11 crore only as bridge loan to the assessee; (iii) the assessee imported goods......appeal order dated 27-3-2001 allowed the appeal in part. However, he did not interfere with assessment order regarding the disallowance of Taka 2, 69,31,994 paid as interest to Grameen Kalyan for the loans taken from it and also regarding disallowance of Taka 3,00,00,000 obtained as bridge loan from..Category: Fiscal/Taxation Law | Date: 3 Jun, 2012 | Hits: 4
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
....lip;……………………………….............Respondent Judgment June 3, 2012. Result: The appeal is allowed in part by majority decision. Death Reference No.44 of 2002 heard analogously with Criminal A......000 each in default to suffer rigorous imprisonment for 3(three) months more. The Jail Petition is disposed of accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 111. ...... time of the transaction sued upon, he was an infant. It appears that certificate was procured from a doctor to show that the defendant was 21 years of age when the property was mortgaged against the loan taken by him. On the other hand, in support of the case of the defendant entry, in book of birt..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)
....he 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 resolve problems with the respondent No. 1’s equipment, whereupon the petit......ents company in accordance with the Contract-2005. Upon fixing the problem the parties shall file an affidavit of compliance before this court within three months from date. However, the liability of payment for the equipments and the service rendered by the respondent company to the petitioner may ......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
....reto in the current account register of the petitioner was made purportedly with a mala fide intention. The petitioner informed the respondent No. 3 that the order was passed over an issue as in part and parcel to the said appeal and also constitutes a Sub judice matter. That notwithstandi......ry. The petitioner company being a VAT registered entity, as per the requirement of rule 3(1) of the Value Added Tax Rules 1991, (Rules) submitted a price declaration of its product vide Mushak-I for payment of VAT to the concerned Divisional Officer, respondent No.2, the Assistant Commissioner, Cus...... 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
Hedayetullah and others Vs. Foyjun Nessa Begum and others, 2012, 41 CLC (AD)
.... High Court Division in Civil Revision No.206 of 1998), dated 28-7-1977 passed by the learned Additional District Judge, Lakshmipur in Title Appeal No. 150 of 1989 allowing the appeal reversing the part decree dated 28-2-1977 passed by the learned Sub-ordinate Judge, Additional Court, Noakhali in ......cordingly the appeal is allowed without any order as to costs and the impugned judgment is set-aside and the suit is dismissed as a whole. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 139. ......cordingly the appeal is allowed without any order as to costs and the impugned judgment is set-aside and the suit is dismissed as a whole. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 139. ..Category: Property Law | Date: 30 May, 2012 | Hits: 33
Bimal Chandra Sen Vs. Md. Waliullah Chowdhury and others, 2012, 41 CLC (AD)
....filed an application under section 263 of the Succession Act, 1925 (the Act) for revocation of the Will as probated in the said probate case impleading Dolly Rani Sen alias Dolly Rani Roy as opposite-party stating, inter alia, that Harendra Kumar Sen executed a Will in favour of his son, Protish Cha......had been declared "as a vested and non-resident property" by the Government under law and that the land was leased out to them by the Government and on that basis they had been possessing the land on payment of rent to the Government. The application was opposed on the ground that the respondents go......appeal is allowed and the impugned judgment and order of the High Court Division is set-aside, there will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 97. ..Category: Civil Law | Date: 30 May, 2012 | Hits: 47
Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
.... Observation— Sweeping Remark or Irrelevant Observation A court shall avoid of making any sweeping remark or irrelevant observation in a case and identify itself to the cause of any of the parties to a case on which it is adjudicating....... (40) Reasoing before Awarding Cost or Comp...... 10,000 to the detenue and to release them forthwith. 8. The appellants being aggrieved by the impugned judgments and orders of the High Court Division so far as those which relate to orders for payment of monetary compensation or compensatory cost exercising jurisdiction under Article 102...... 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 ..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)
....urt of Munsif, Dhaka under section 143A of the East Bengal State Acquisition and Tenancy Act (the Act) impleading Peerzada Abul Quashem, Md. Hasnain Siddiqui and Satinath Bandapaddhaya as opposite parties for correction of record in respect of the same plots of land as mentioned hereinbefore. Th......cessors of the writ-petitioners by filing Miscellaneous Case No.9 of 1977-78 mutated their names in S.A. plot Nos.1353, 1354, 1355, 1356, 1357, 1358 and 1365 and have been in possession thereof on payment of taxes regularly to the Government. Subsequently, Moqbul Ahmed, Syeed Ahmed and Khurshid ......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. ..Category: Property Law | Date: 29 May, 2012 | Hits: 12
Aqua Culture Farms Limited Vs. Registrar of Joint Stock Companies and Firms, 2012, 41 CLC (HCD)
....learned Advocate Mr. A.K.M. Fazlul Hoque further submits that the general power to borrow by the company was already provided in the memorandum of association under object sub-clause No.36. But to particularize the power to mortgage the company’s property a new sub-clause is required to be inc......he office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in: ......use to include a new clause, being sub-clause No.1 (a)-1(e) and 39(a) in the Memorandum of Association to facilitate the company take new venture and to mortgage its property in order to secure any loan which may be availed by the company. 3. The learned Advocate Mr. A.K.M. Fazlul Hoque, fu..Category: Company Law | Date: 28 May, 2012 | Hits: 32
S.M. Zahid Rezvi and others Vs. The Magura Pourashava and others, 2012, 41 CLC (HCD)
....ted the shops and hand over the vacant possession in favour of respondent No.1 within 30 days from date. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16. ...... that the Pourashava has entered into a lease agreement with each of the petitioners by accepting salami from them, so they are not ejectable tenants as they have purchased possession of the shops on payment of valuable consideration, 6. The respondent No.1 by filling a supplementary affidavit ......ted the shops and hand over the vacant possession in favour of respondent No.1 within 30 days from date. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16. ..Category: Constitutional Law | Date: 24 May, 2012 | Hits: 1
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