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.... conditions of the contract by giving it's consent to their act. PW 1 in cross-examination also stated that the appellant did not pay any money to the sponsor, respondent No.1 because it was stipulated in the tripartite contract that money would be disbursed in favour of the respondent No, ......hilpa Rin Sangstha Order (PO 128 of 1972); Article 33(1)(d)
The High Court Division concurred with the decision of the trial court excepting that the awarding of interest of Taka 33 lakh for the period prior to the institution of the suit was not interest, but compensation in the form of intere..
Category: Business or Commercial Law, Labour and Industrial Law | Date: 13 Dec, 2010 | Hits: 10
Gulshan Club Ltd. Vs. Chairman, National Board of Revenue and another, 2010, 39 CLC (HCD)
....come Tax Ordinance 1984, section 44, under chapter VI has been incorporated which clearly states that in the sixth Schedule part A and B the categories upon which exemptions are to be given have been stipulated. In our anxiety we have gone through the entire Chapter and could not find out anywhere t......through any of them." 3. The Club was established by some persons who prescribed to the shares and signed their names as the first shareholders. Others became members of the Club at a subsequent period and the total strength of the members is now 1400. It has beenstated in paragraph 8 of the pe..Category: Fiscal/Taxation Law | Date: 13 Dec, 2010 | Hits: 48
Monir Hossain Md. (Moni) and another Vs. Md. Yousuf and others, 2010, 39 CLC (AD)
....e owners of the premises by purchase and the respondents are tenants under the appellants. It has also been found by the Court below that the respondents by failing to make payment of rent within the stipulated period became defaulter as a result of which a notice under section 106 of the Transfer o......e tenants becomes a monthly tenant. In this regard it is pertinent to refer to the decision of the case of Shamsuddin Ahmed Vs. Mohd Hassan reported in 31 DLR (AD) 155 where tenancy was created for a period of two years. In clause 1 of the agreement it was not mentioned that the appellant was taking..Category: Property Law, Tenancy Law | Date: 8 Dec, 2010 | Hits: 12
Thana Nirbahi Officer, Pirgachha, Rangpur and others Vs. Md. Dulal Miah, 2010, 39 CLC (HCD)
.... the revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ......Wing sent the record to the office of the Attorney General on 6.4.2006 and the learned Attorney General assigned one of his law officers on 23.4.2006 to prepare and move the Civil Revision within the period of limitation. The Government Pleader, office of the Deputy Commissioner, Rangpur; Solicitor ..Category: Procedural Law | Date: 8 Dec, 2010 | Hits: 180
Nazrul Islam Talukder (Md.)Vs. Bangladesh & another, 2010, 39 CLC (HCD)
....utiny it is found that the petitioner does not have requisite qualification for being licenced as a Nikah Registrar. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 87. ......gistrar on regular basis if he fulfils the requisite qualification. In the aforementioned case since the petitioner was appointed on 27.01.2004 and he successfully performed his functions, for a period of three years he is entitled to have a permanent Nikah Registrar licence under Rule 5A. ..Category: Family Law | Date: 6 Dec, 2010 | Hits: 9
Hasna Ahmad Vs. State and another, 2010, 39 CLC (HCD)
....ion Act, 1947, now pending before the 3rd Court of the Special Judge, Dhaka are quashed so far as it relates to the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 206. ......efore the High Court Division for anticipatory bail in Criminal Miscellaneous No.13898 of 2008 on 18-8-2008. A Division Bench of the High Court Division granted her ad-interim anticipatory bail for a period of 6(six) months. Be that as it may, she could not obtain the certified copy of the bail-gran..Category: Anti-Corruption Laws | Date: 1 Dec, 2010 | Hits: 189
....ng days without fail upon receipt of the copy of this judgment. There will be no order as to costs.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 191
......ner has successfully proved ownership of the goods and submitted valid import as well as purchase documents, the respondents have no legal authority to detain the said perishable goods for indefinite period and, as such, they should be directed to release the goods in favour of the petitioner immedi..
Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 3
....ng days without fail upon receipt of the copy of this judgment. There will be no order as to costs.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 191
......ner has successfully proved ownership of the goods and submitted valid import as well as purchase documents, the respondents have no legal authority to detain the said perishable goods for indefinite period and, as such, they should be directed to release the goods in favour of the petitioner immedi..
Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 5
State Vs. Secretary, Ministry of Home Affairs (II), 2010, 39 CLC (HCD)
.... Chief Judicial Magistrate. Let a copy of this judgment be communicated to the respondents at once. Obaidul Hassan J. - I agree. This case is also Reported in: 8 LG (2011) HCD 293. ......ce appears to have dwindled, inasmuch as it is not meeting regularly as mandated. Mr. Manzill Murshid pointed out that the last meeting of the taskforce was held about two months ago, and there was a period during the caretaker government when it did not meet for over one year. 4. Mr. Samaren..Category: Women and Children | Date: 25 Oct, 2010 | Hits: 141
Deen Mohammad Vs. Bangladesh Bank and others, 2010, 39 CLC (HCD)
....ereby vacated. Let a copy of the Judgment be sent to the concerned authority at once for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 506. ...... is as follows: The petitioner was a shareholder Director of the City Bank Ltd., but on his failure to pay the classified loan with interest to the tune of Taka 58.38 lakh within the prescribed period of 2(two) months his Directorship of the City Bank Ltd. was fallen vacant under section 17 of..Category: Banking Law | Date: 12 Oct, 2010 | Hits: 423
Khurshed Alam Vs. Abul Kalam and others, 2010, 39 CLC (AD)
....the Ordinance read with the waqf deed made by the Waqif. With the above observation this petition for leave to appeal is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 233. ......001 removed the present petitioner from the post of mutawalli of Abdul Aziz Sareng waqf and in his place appointed respondent No.1, Abul Kalam, son of late Abul Kashem as the official mutawalli for a period of 2 (two) years. Against the said order of the Deputy Administrator of Waqf, the present pet..Category: Trust/Waqf Law | Date: 7 Oct, 2010 | Hits: 177
Orascom Telecom Bangladesh Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....etitioner prefers appeal before the Tribunal, the limitation in preferring the appeal would not operate as a bar in that event. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 319. ......Sheba Telecom/Atok/Bichar/2007/3364(5) dated 19.4.2010 (Annexure-A)by respondent No.2 under section 55(3) of the VAT Act, 1991 directing the petitioner to pay an amount of Tk.49,04,42,405.00 within a period of ten days should not be declared to have been issued without any lawful authority and is of..Category: Fiscal/Taxation Law | Date: 7 Oct, 2010 | Hits: 174
Abul Kashem (Md.) Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....order as to cost. The order impugned against is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 67. ......nti-Corruption Bureau which after enquiry was found to be baseless and the Anti-Corruption Bureau by it’s Memo No.1/DAR/90-Natore/695 dated 10-01-1994 rejected the complaint. 4. During the period of Non-party caretaker government in 2007 (after 1/11 of 2007) the petitioner had been a..Category: Anti-Corruption Laws | Date: 5 Oct, 2010 | Hits: 182
Ain O Salish Kendra Vs. Bangladesh, 2010, 39 CLC (HCD)
....instant writ petition, Respondent No.1 is hereby directed to ensure that all employers, particularly those engaging children as labourers, abide by the law and do not engage those under the legal age stipulated by statute, and provide all necessary facilities and equipment to ensure a healthy workin......eparing one thousand bidi-sticks. The petition describes also the fact that the doctors at Rangpur Medical College Hospital and Rangpur Chest Hospital have given opinions that those who work for long periods in the ‘bidi’ factories are exposed to various chronic diseases like TB, Bronchitis etc...Category: Women and Children | Date: 5 Sep, 2010 | Hits: 261
Prime Global Ltd and others Vs. Artha Ain Adalat No.4, Dhaka and others, 2010, 39 CLC (HCD)
....eous Case No. 390 of 2008 (arising out of Artha Rin case No. 291 of 2003) is without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 205 ......ues, undertakings & confirmations, whereupon the Sonali Bank by different letters confirmed the same to the effect that the said cheques would be honoured on presentation within the validity period; that previously Uttara Bank allowed IBP facilities in favour of the petitioner No. 1 in resp..Category: Banking Law | Date: 23 Aug, 2010 | Hits: 2
Ferdous Khan @ Alamgir Vs. Islami Bank Bangladesh Ltd. and another, 2010, 39 CLC (HCD)
....d from his bail bond. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 540. ......amount due under the cheques, which the accused petitioner has received on the 10-3-2008, as stated in the petition of complaint. But, the accused having failed to meet the demand within the notice period, the complainant bank has filed this petition of complaint on 8-5-2008 before the learned Chi..Category: Banking Law | Date: 1 Aug, 2010 | Hits: 657
Rehana Begum and another Vs. State, 2010, 39 CLC (HCD)
....sult, the appeal is dismissed. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 75; 30 BLD (HCD) (2010) 448. ......ate compared to the gravity and heinousness of the offence of gang rape leading to death of the victim and (iii) that there is no mitigating factor in this case. However, considering that substantial period has elapsed by now, we are constrained to abstain from enhancing the sentence. In the resu..Category: Women and Children | Date: 1 Aug, 2010 | Hits: 227
Md. Zahirul Islam Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)
....ntiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 420. ......y created pursuant to the said President's Order No.27 of 1972. The defendant-petitioner, Md. Zahirul Islam was appointed as Assistant Jute Purchase Officer under the plaintiff and during his service period he was posted as the Agency in-charge since 1981-1982 while he purchased 21,684 maund and 19 ..Category: Limitation Law | Date: 20 Jul, 2010 | Hits: 38
....here will be no
order as to costs. The order of stay granted earlier by this court stands
vacated.
Zubayer Rahman Chowdhury J. - I agree.
Ed.
This Case is also
Reported in:
......eeding. That the post of Senior Deputy Chief Publication
Officer was not in the organogram of the said Institution and the said defect
was disclosed by the audit team while conducting audit for the period
1998-2000. Subsequently, a one member inquiry committee, constituted by the
Ministry of Agr..
Category: Employment/Service Law | Date: 18 Jul, 2010 | Hits: 5
Sonali Bank Vs. Sheikh Anis Uddin Ahmed, 2010, 39 CLC (HCD)
....suit was dismissed after hearing. In dismissing the suit learned Judge found that as per section 176 of the Contract Act if the pawnor makes default in payment of the debt, or performance, at the stipulated time of the promise in respect of which the goods were pledged, the pawnee may bring a su...... of knowledge of the date of death of the deceased, for unexplained unknown reason according to the broad principle of law of limitation, the vested right accrued to the other side after prescribed period of limitation cannot be wiped out. On such type of application unusual long delay of 9 year..Category: Civil Law | Date: 15 Jul, 2010 | Hits: 49
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