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Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)

....ants were not entitled to get any relief by way of execution of the decree through Title Execution No.3 of 1980 with­out filing a suit for declaration of title and recovery of khash possession on payment of a ad-valorem court fees. The plaintiffs filed Title Suit No.329 of 1980 in Court of Munsi......s con­firmed. There will be no order as to costs. Send down the lower court's record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 347.   ..

Category: Property Law | Date: 13 May, 2008 | Hits: 5

Jewel Cotton Spinning and Weaving Mills Ltd. Vs. Bangladesh & others, 2008, 37 CLC (HCD)

....4 an application was filed by the petitioner for an order directing the respondent No.2 Bank to produce several documents regarding Irrevocable Power of Attorney, original copy of shipping documents, payment of vouchers of plaintiff of imported machineries, accounts of LC Statements delivery letter ......d with cost. The trial Court is directed to dispose of the suit preferably within three months from the date of receipt of the order. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 572. ..

Category: Civil Law | Date: 24 Apr, 2008 | Hits: 62

Chairman, Bangladesh Water Development Board Vs. Md. Abdur Rahman, 2008, 37 CLC (HCD)

....he Courts below stand maintained. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 42. ......he Courts below stand maintained. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 42. ..

Category: Employment/Service Law | Date: 24 Apr, 2008 | Hits: 50

Khandaker Mahmud Hasan Vs. Amirul Islam, 2008, 37 CLC (HCD)

....e suit shop has been mutually fixed at Tk. 1500/= per month. The plaintiff brought the suit for ejectment of the defendant from the said shop room on the grounds that the defendant was a defaulter in payment of rent and that the plaintiff bonafide required the room amongst other rooms of the suit ho......hop premises within 4(four) months from date. Let a copy of the judgment along with LC record be send down at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 202.   ..

Category: Tenancy Law | Date: 27 Mar, 2008 | Hits: 13

Abul Hasnat Nurul Kabir Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....sion is a businessman, who had a deal with the said company to have financial accommodation under a contact dated 8.11.2004 for an amount of Tk. 10,00,000/- repayable within six months. Towards the repayment of his three installments, cheques were handed over to the com­pany well in advance. The......special law. Consequently, the right of appeal has been curtailed to a great extent. Therefore, the embargo imposed on filing of the appeal by de­positing 50% of the face value of the dishonoured cheque according to the newly inserted section 138A of the Negotiable Instrument Act cannot be said ..

Category: Criminal Law, Procedural Law | Date: 12 Mar, 2008 | Hits: 5

Abdul Khaleque and others Vs. Akhtaruzzaman Mia and others, 2008, 37 CLC (HCD)

....any decree for declaration of title and recovery of possession. Mr. Nondy then submits that the suit land stands recorded in the S.A. Khatian in the names of the defendant's and they paid rent and payment of rent by the defendants are sufficient evidence of defendants possession in the suit land......rder of stay as granted at the time of the issuance of the rule is vacated. Send down the lower court records. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 193.  ..

Category: Property Law | Date: 18 Feb, 2008 | Hits: 7

Nabab Khan Vs. Commissioner of Taxes, 2008, 37 CLC (HCD)

....was again fixed for hearing on 7-6-99 when the assessed along with his authorized representative appeared and submitted revised return claiming income of Take 23,90,920 along with photocopy of the payment certificate, challan, bank statement and audit report, etc. Then notice under sections 79 a......erence with our answer to the question in the affirmative for the Revenue Department and against the assesses. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 397. ..

Category: Fiscal/Taxation Law | Date: 22 Jan, 2008 | Hits: 13

Humayun Hossain Khan Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)

.... to avail himself of the exemption of interest. Then he was requested to pay the instilments due by letters dated 12-6-2000, 27- 8-2000 and 28-9-2000. Thereafter, a legal notice was served on him for payment. Final notice was also served upon the petitioner charging a total amount of Taka 38,85,196 ......ted. Artha Rin Adalat No.3, Dhaka is directed to dispose of the suit expeditiously. Communicate the Judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 513. ..

Category: Banking Law, Civil Law | Date: 8 Jan, 2008 | Hits: 9

Gopal Chandra Das and others Vs. Nikunja Behari Sukra Das and others, 2008, 37 CLC (HCD)

.... Mukunda got the suit land. Mukunda in exercising his sixteen annas right, title and interest in the suit properties approached to plaintiffs father for taking settlement of the suit properties on payment of reasonable rent for the suit land and thereafter Mukunda gave rioyti settlement by execu...... made absolute without any order as to the costs. Lower Court record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 509. ..

Category: Property Law | Date: 7 Jan, 2008 | Hits: 9

Fairdeal Marine Services, Fujairah, U.A.E Vs. M.V. PELEAS K and others, 2007, 36 CLC (HCD)

.... Execution Case No.02 of 2005. Judgment Syed Refaat Ahmed J.- This Execution Case arises out of Admiralty Suit No.37 of 1999 that was filed on 21.3.1999 for recovery of the outstanding payment of a bunker bill for an amount of Tk. 19,70,000.00, including interest and costs, and pertai......mentioned and specified in Schedule 'A' to the application is hereby necessarily recalled and vacated. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 17.    ..

Category: Admiralty Law or Maritime Law | Date: 6 Dec, 2007 | Hits: 19

Bengal Glass Works Limited Vs. Customs, Excise and VAT Appellate Tribunal, Jotsna Complex, 2007, 36 CLC (HCD)

....1991, in short, the VAT Act by opening two letters of credit. 5. After arrival of said goods at different customs ports of Bangladesh, bills of entry were submitted and the goods were cleared by payment of the duty and other charges and VAT of taka 78,40,947.85 and recorded said input VAT to th......78,40,997.85 by crediting the sum to the Current Account of the petitioner. Send down the lower court's record at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 18. ..

Category: Fiscal/Taxation Law | Date: 26 Nov, 2007 | Hits: 9

Mrs. Zakia Doha Vs. Rajdhani Unnayan Kartipakha, 2007, 36 CLC (HCD)

....t by its judgment and order dated 25.11.1996 rejected the claim of the petitioner on the grounds, inter alia, that the gift was not acted upon and that 30 days' prior notice of transfer and prior payment of transfer fee were not made in fa­vour of the DIT as stipulated in Clause 23 of the de......hout any order as to costs. 40. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009)  254. ..

Category: Abandoned Properties Law | Date: 15 Nov, 2007 | Hits: 6

Abul Khair Condensed Milk and Beverage Ltd. Vs. Commissioner of Customs and others, 2007, 36 CLC (HCD)

....es to the writ petition. 3. During the vacation, the petitioner challenged such CRF certificates before a Single Bench of this Division and on 09.11.05 obtained an order of release of the goods on payment of duty and other charges in cash on the basis of invoice value and upon further receipt of ......omes due after such final assessment is paid in cash within a period of two months of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 555. ..

Category: Fiscal/Taxation Law | Date: 17 Sep, 2007 | Hits: 66

BRAC Printers Vs. Chairman, First Labour Court and another, 2007, 36 CLC (HCD)

....d the respondents-workers and a few other workers took very active and indomitable part to see that the petitioner-employer could not avoid signing the legitimate agreement incorporating a clause for payment of arrears with lot of persuasions. For the above reasons, the petitioner-employer looked qu......arged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 25. ..

Category: Labour and Industrial Law | Date: 28 Aug, 2007 | Hits: 19

Islam Enterprise Vs. Commissioner of Taxes and another, 2007, 36 CLC (HCD)

....npointing any specific defect? c) Whether the Appellate Tribunal was justified in law to estimate the receipts of the construction business in spite of the fact that the receipts were supported by payment certificates from paying authorities which reconciled with the bank statements and books of ......e applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 425. ..

Category: Fiscal/Taxation Law | Date: 9 Aug, 2007 | Hits: 31

Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)

....not only a good maxim but 'essential law'. In that case, by a contract in writing, made in September, 1914, the owner of a specific parcel of wheat in a warehouse in Liverpool sold it upon the terms "payment cash within seven days against transfer order". Before delivery and before the property pass......with the construction advertised widely for selling/leasing out the floor spaces at Rangs Bhaban, sold and transferred possession to the allottees without facing any objection. 21. This case has a chequered history initially, the writ-petitioner respondents applied on 29-1-1989 to the RAJUK for c..

Category: Property Law | Date: 2 Aug, 2007 | Hits: 114

Shamsur Rahman Khalifa Vs. Jagodish Chandra and Others, 2007, 36 CLC (HCD)

....a, the learned Advocate, on the other hand, submitted the following points of argument to protect the impugned judgment and decree: (a) The land was redeemed earlier by defendant Nos. 6 and 7 on payment of the Kabala price but the said redemp­tion having had not taken place by written instr...... at once. The defendants are restrained permanently from interfering with the peaceful possession of the plaintiff in the suit. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 873. ..

Category: Property Law | Date: 27 May, 2007 | Hits: 9

Mohan Meah Vs. Dhaka City Corporation Mayour, Dhaka, 2007, 36 CLC (HCD)

....etiĀ­tioner and, as such, on that count as well we do not see how the petitioner, can claim to be entitled to any shop. It has been admitted by the respondent No.1 that the petitioner has made part payment of salami for a shop and that the City Corporation has offered him Shop No.D-53 but the pe......on of the Corporation. With the above observation, this Rule is disposed off. There will be no order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 927. ..

Category: Civil Law | Date: 29 Apr, 2007 | Hits: 2

Dominous Pizza and others Vs. Domino's Pizza Inc., 2007, 36 CLC (HCD)

....ee directing the defendants to furnish the complete accounts of the profit made during the period of infringement and also to direct the defendants to deposit the profit amount into the Court for the payment to the plaintiff. 3. The plaintiff alleged that, the plaintiff has been carrying on bus...... The office is directed to send a copy of this Court to the concerned Court positively within a period of 60 days from date. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 780. ..

Category: Intellectual Property Law | Date: 26 Apr, 2007 | Hits: 91

Tabibullah and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....) 235 = 45 DLR (AD) 120 it has been laid down: "In the absence of any material to show, that the lessees are in possession of the disputed property upon renewal of their lease by the Government on payment of rent, such lessees cannot be held to be necessary parties in a suit in which the lesser G......pposite parties is allowed. Petitioners are added as eighth-fifteenth opposite parties in Civil Revision case. No cost. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 46. ..

Category: Procedural Law | Date: 4 Apr, 2007 | Hits: 32