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Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)
....he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ......it jurisdiction. Thus under the terms and conditions of the contract the moment a bidder submits a bid both bidder and purchaser are bound under the bidding terms and any breach of that obviously amounts to breach of contract. Furthermore, the petitioner is admittedly a responsive bidder so far ......that since petitioner’s price bid is less for an amount of Taka 10 crore from that of the amount offered by the respondent No. 1, then keeping in view the question of economic expenditure of public money the bid of the petitioner in all fairness merits consideration. He also submits that since fin..Category: Others | Date: | Hits: 130
Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd. and ors., 2002, 31 CLC (AD)
....tisfied by affidavit or otherwise, that the defendant, with intent to obstruct or delay the execution of any decree that may be passed against him, (a) is about to dispose of the whole or any part of his property, or (b) is about to remove the whole or any pa......ass an order attaching his property.” 9. Thus it is sine-qua-non that a notice should be issued to the defendant Nos. 1 and 2 who are the beneficiaries of the amount under the letter of credit sought to be attached, before an order of attachment is made in e......ore judgment, by practicing fraud the foreign perpetrators would take away the proceeds of the letter of credit from Bangladesh. The learned Counsel has further submitted that the letter of credit money already belonged to the defendants, which money should not leave the jurisdiction of the Cou..Category: Civil Law | Date: | Hits: 115
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
.... is only the Bangladesh Bank which may initiate such a proceeding. He also accepted the submission made by Dr. Kamal Hossain on lifting the veil as there was no hide and seek in the matter and the whole matter was before the Bangladesh Bank and considering the pros and cons permission was accord......ly and the High Court Division has done this. He further submits that money received by the BRAC for charitable purposes can never be used other than for the purpose for which it was received. The amount received for charitable purposes cannot be alienated. If the money is invested in a bank and...... Section 20 The Trusts Act, 1882 (II of 1882) Section 20B i) A society registered under the Societies Registration Act may invest its fund with the object of getting more money for spending in charitable purposes…………………&h..Category: Constitutional Law | Date: | Hits: 199
Commissioner of Taxes, Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, 2002, 31 CLC (AD)
.... The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 23. ......ployee as bonus or commission for services rendered, whether such sum would not have been payable to him as profits or dividend if it had not been paid as bonus or commission: Provided that the amount of the bonus or commission is of a reasonable amount with reference to— ...... The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 23. ..Category: Fiscal/Taxation Law | Date: | Hits: 66
S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)
....that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ......Tk.1,00,000/- but in fact it ought to have been made for Tk. 100/- and that the mistake was inadvertent and was detected later and subsequently the beneficiary of the pay order deposited the entire amount of Tk.1,00,000/- and thus the bank was saved from financial loss but the bank initiated dis......that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 78
M/S. Noor Crokaries and another Vs. Islami Bank Bangladesh Ltd. and others, 2006, 35 CLC (AD)
....ourt Division has rightly passed the impugned order and no interference is called for. In the aforesaid, premises, we find no merit in this petition and accordingly, it is dismissed. Ed. ......the statements made in the plaint. 4. The trial court decreed the suit and against which the petitioner could not prefer any appeal before the High Court Division paying 50% of the decretal amount and without filing an appeal, the petitioner filed Writ-petition before the High Court Divis......ourt Division has rightly passed the impugned order and no interference is called for. In the aforesaid, premises, we find no merit in this petition and accordingly, it is dismissed. Ed. ..Category: Banking Law | Date: | Hits: 120
Government of the People’s Republic of Bangladesh Vs. Abdur Rahman and others, 2006, 35 CLC (AD)
....itration Appellate Tribunal. In view of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with cost to be paid by the appellant No. 1. Ed.......tioned the Arbitration Appellate Tribunal set aside the judgment and order of the Arbitrator on the finding that the Arbitrator passed the award in the arbitration revision case awarding award for an amount which was more than 10% of the amount awarded by the Deputy Commissioner in respect of the la......trates that the persons in whose favour Deputy Commissioner made the award were not agreeable to the amount so awarded by the Deputy Commissioner and as such it can not be said that withdrawal of the money awarded by the Deputy Commissioner, is to be construed, that the affected persons accepted the..Category: Property Law | Date: | Hits: 58
Government of Bangladesh and others Vs. A.K.M. Fazlul Haque, 2006, 35 CLC (AD)
....stance in the appeal in order to interfere with the impugned judgment and order of High Court Division. 24. The appeal is, accordingly, dismissed without any order as to cost. Ed. ......ew find supports indirectly in the case of Mustafa Ijjat Ali Chowdhury vs. Government of Bangladesh reported in 1982 BLD 101 that (he reinstatement in the service on withdrawal of suspension order amounts to withdrawal of charge and dropping of the pending enquiry. The Tribunal in the facts and ......onal Secretary-in- Charge, Ministry of Social Welfare by his order dated 16.6.1991 framed charge against him. There were many other allegations in the charge as regards misuse of public money, misappropriation and irregularity in dealing Government money etc. The allegations were enqu..Category: Administrative Law | Date: | Hits: 124
Md. Anarul Islam and others Vs. State and another, 2006, 35 CLC (AD)
....he company may proceed against the accused-appellants for the allegations in the petition of complaint in the appropriate forum and in accordance with law. Ed. This Case is also Reported in: ...... The Code of Criminal Procedure, 1898 (V of 1898), Section 561A The Penal Code (XLV of 1860), Sections 406 & 420. A partner can not be alleged to have misappropriated or cheated when an amount was entrusted to the accused for the partnership business. The Managing Director and Director......appeared before the Magistrate and filed application for bail and the Court below by the order dated 13.1.2000 granted bail to the accused appellants. That since the allegation of misappropriation of money belonged to the Raqib Food Industries Pvt. Ltd. and the accused appellant No.1 being Managing ..Category: Criminal Law | Date: | Hits: 50
A. R. A. Jute Mills Limited Vs. Janata Bank and others, 2006, 35 CLC (AD)
....t the High Court Division correctly decided the matter and as such it does not call for our interference. 24. In view of the discussion made above, the petition is dismissed. Ed. ......ting to immovable properties and that other facilities like 'interest free Blocked Account' were also made available to the petitioner and that the petitioner availed of the facilities and an amount of Tk.37,49,1,128.93 was outstanding against the petitioner as on 30.06.2000 and the ......nd that the petitioner availed of the facilities and an amount of Tk.37,49,1,128.93 was outstanding against the petitioner as on 30.06.2000 and the plaintiff bank being unable to realise the money instituted the aforesaid suit against the petitioner. 4. The petitioner appeared in the..Category: Banking Law | Date: | Hits: 121
....ayment of VAT which the petitioner avoided to pay is an appealable order in our view, the High Court Division rightly refused to issue the Rule.
6. Accordingly, the petition is dismissed.
Ed.
......nd that the writ petitioner without writing the said purchased raw materials in the accounts register manufactured medicine by the said raw goods and supplied the same for the purpose of evading huge amount of taxes and thus for realization of total non-paid VAT of Tk.67,59,921.15/- filed the case. ......ayment of VAT which the petitioner avoided to pay is an appealable order in our view, the High Court Division rightly refused to issue the Rule.
6. Accordingly, the petition is dismissed.
Ed.
..
Category: Fiscal/Taxation Law | Date: | Hits: 85
Md. Ashaduzzaman Vs. Bangladesh, 2006, 35 CLC (AD)
....pal amount he borrowed from the Bank. In the above facts and circumstances of the case, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. ......spondent No.4, the latter cannot be said to be a bank loan defaulter unless the bank obtains a decree against him. Mr. Huq further submits that the respondent No.4 has already paid up the principal amount he borrowed from the Bank. In the above facts and circumstances of the case, we find......pal amount he borrowed from the Bank. In the above facts and circumstances of the case, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. ..Category: Election Law | Date: | Hits: 120
Md. Saifur Rahman Emam Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....ering the facts and circumstances of the case, we do not find any cogent reason to interfere with the judgment of the High Court Division. 8. Accordingly the petition is dismissed. Ed. ......urning Officer on the ground that he is a bank loan defaulter, as per papers submitted before the Returning Officer by the Manager, Rupali Bank Limited, Debuapur Branch, Patuakhali showing that an amount of Tk. 1,82.10,366/- was due to the bank by the writ petit inner. 3. We have heard Mr......the learned Additional Attorney General for the respondents and perused the judgment of the High Court Division and other connected papers. 4. It is not disputed that Rupali Bank obtained a money decree for the amount claimed by them from the Court of Joint District Judge and Artha Rin Ad..Category: Election Law | Date: | Hits: 119
Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)
....our discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ......ent No.2 filed Artha Rin Adalat Case No. 55 of 1990/82 of 1982 before the Court of Subordinate Judge and Artha Rin Adalat, Rangpur impleading the appellant as the sole defendant seeking decree for an amount of Tk.57,074/- and other ancillary reliefs. The said suit was decreed in 1990 and the Respond......our discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ..Category: Civil Law | Date: | Hits: 130
Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)
....ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ......ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ......sell the said property to plaintiff No. 1 and accordingly Abdul Khaleque Bain executed a Bainapatra in favour of plaintiff No.1 on 25.05.1971; that Abdul Khaleque Bain started taking consideration money from the plaintiff No.1 after executing said Bainapatra; that Abdul Khaleque Bain failed to e..Category: Property Law | Date: | Hits: 54
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....den Rule of Lord Wendaydal or the learned Judges to devote their attention for the Canons of construction and interpretation when they themselves have found the ''broad unanimity" is "to take the whole statute together and construe the said proviso as a part of the said statute." The learned Jud......l not exceed by any agreement, express or implied, seven years: Provided that any such usufructuary mortgage may be redeemed at anytime before the expiry of the said period, on payment of an amount which shall bear the same proportion to the total consideration money received by the mortg......at the respondent No. 1 purchased the land from respondent No. 3 with an agreement to reconvey the said land. The agreement is dated 26.4.63 which stipulated that the land will be reconvened if the money is repaid within 10 years. The respondent No. 3 made an application under section 9(4) and ..Category: Property Law | Date: | Hits: 85
Commissioner of Income Tax, (Now Com. of Taxes), Ctg. Vs. Saifuddin A Siddiqui, 1980, 9 CLC (AD)
....f the Income Tax Act in this case. In the result, both the appeals are dismissed on contest without, however, any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 190 ......ring the previous year………….(6) "Income applied" meant the income set apart in the wakf deed and not the income actually spent by the Mutwalli…………….(7) The unexpended amount of income, if any, need not be again set apart by the Mutwalli for being expended in the comi......f the Income Tax Act in this case. In the result, both the appeals are dismissed on contest without, however, any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 190 ..Category: Fiscal/Taxation Law | Date: | Hits: 85
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
....jected on the ground that in the trial for murder no finding was arrived at that the accused was the previous acquittal was a statutory acquittal for miscarriage of justice, that acquittal of the whole of an offence is not acquittal of every part of it. Learned Judges considered the doctrine of ...... be re-litigated in the subsequent trial being barred by the doctrine of issue-estoppel.…………(11) Mere application for return of the gold after acquittal does not, in the circumstances, amount to his admission of possession of the gold. In the previous trial he disclaimed it and the ......of the Constitution. In the result the appeal is allowed, the impugned proceeding is quashed and the gold is escheated to the State. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 177 ..Category: Criminal Law | Date: | Hits: 42
Abdus Sattar & others Vs. Suresh Chandra Das & others, 1978, 7 CLC (AD)
....nthly tenancy under section 106 as full fledged lease of property and so heritable. To illustrate, if it is heritable, then, according to the personal law of the tenant, it will be inherited by the whole group of heirs contemplated therein, sons, daughters, wife, other kinds etc. and all of them b...... we set aside the decision of the High Court Division and restore that of the trial Court. The appeal is allowed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 170. ......t a lease of immovable property is a transfer of a right to enjoy such property, made for a certain time, express or implied, or in perpetuity, in consideration of a price paid or promised, or of money, as hare of crops, service or any other thing of value, to be rendered periodically for or on ..Category: Tenancy Law | Date: | Hits: 67
Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
....the case of property so held in part only for such purposes or in the case of Muslim trusts commonly known as wakf-al-al-aulad the income applied thereto." 12. If I now look at the clause (b) as a whole, I find that two categories of trust have been described, that of absolute trust and partial t...... 4(b) of the Bengal Agricultural Income Tax Act, 1944. (2) Whether in the case of Muslim trusts known as Wakf-al al-aulad mentioned in section 4 (b) of the Act, the words applied thereto' mean the amount of income set apart by the Wakif as per wakf deed for religious or charitable purposes, or th...... (b) Religious and charitable purpose (such purpose are detailed in the deed) Rs. 3, 410/- (c) Reserve fund for any emergency expenses in connection with the Wakf properties with the excess money after meeting all expenses. Validity of the wakf has not been disputed. The deed further pr..Category: Trust/Waqf Law | Date: | Hits: 239
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