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State and another Vs. Omar Faruque and others, 2005, 34 CLC (AD)

....ion is liable to be set aside. In the result, the appeal is allowed. Accordingly, Criminal Petition No. 102 of 1999 will follow suit. Ed. This Case is also Reported in: III ADC (2006) 251. ...... contract was entered into on 28.3.1998 between Sambo Corporation and Atlanta Enterprise on the one side and Tipu Acrylic Industries on the other side. The project was financed by Bangladesh Shilpa Bank. Sambo Corporation furnished performance guarantee in favour of BSB as required under the contr......ion is liable to be set aside. In the result, the appeal is allowed. Accordingly, Criminal Petition No. 102 of 1999 will follow suit. Ed. This Case is also Reported in: III ADC (2006) 251. ..

Category: Anti-Corruption Laws | Date: 23 Mar, 2005 | Hits: 89

Anil Chandra Paul Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)

....raised herein are required to be answered at this moment. With the above observations this reference application is disposed of. Ed. This Case is also Reported in: 57 DLR (2005) 756. ......ued notice upon the assessee applicant to file the return for fresh assessment. 4. Pursuant to the said notice, the assessee applicant submitted the statement of Assets and Liabilities including Bank statement and he also submitted written statement that he received remittance from twelve deale...... of Taxes.........................................Respondent Judgment March 19, 2005. Result: The reference application is disposed of. Cases Referred to- JK Synthetics Ltd. and others Vs. Central Board of District Taxes and others, ITR Vol. 83(SC) 1972 page 335; Orien..

Category: Fiscal/Taxation Law | Date: 19 Mar, 2005 | Hits: 4

Abdul Halim Gazi and others Vs. Afzal Hossain & ors., 2005, 34 CLC (AD)

....made above we find substance in these appeals. In the result both the appeals are allowed without any order as to costs. The impugned judgment and order complained of are set aside. Ed. ......rit petitioner along with 3 others contest­ed the election for the post of Chairman of Jhalakathi Pourashava held on 09.05.2004. It has further been stated that respondent No.7 (appellant) is a Bank loan defaulter but con­cealing the fact, he participated in the said election in violation......made above we find substance in these appeals. In the result both the appeals are allowed without any order as to costs. The impugned judgment and order complained of are set aside. Ed. ..

Category: Election Law | Date: 15 Mar, 2005 | Hits: 168

HBS Association (Pvt.) Ltd. & others Vs. Prof. Shahabuddin Khaled Chowdhury and others, 2005, 34 CLC (AD)

.... and we find no cogent reason to interfere with the same. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: V ADC (2008) 271. ......t No. 1 was also one of the other two signatories, the company in the year 1995 commenced the project of the aforesaid VIP Tower and opened accounts with different banks at Chittagong namely, Islamic Bank, Chawkbazar Branch, Arab Bangladesh Bank Ltd. CDA Avenue Branch and Al-Arafa Islami Bank, Agrab......his Case is also Reported in: V ADC (2008) 271. ..

Category: Company Law | Date: 22 Feb, 2005 | Hits: 364

Mustaque Hossain (Md). Vs. Md. Shajahan Miah and another, 2005, 34 CLC (AD)

.... attributed for acceptance of the salami to render the tenant non‑ejectable in accordance with law. The petitions are dismissed. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 105. ...... attributed for acceptance of the salami to render the tenant non‑ejectable in accordance with law. The petitions are dismissed. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 105. ...... attributed for acceptance of the salami to render the tenant non‑ejectable in accordance with law. The petitions are dismissed. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 105. ..

Category: Tenancy Law | Date: 1 Feb, 2005 | Hits: 120

SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

.... of Housing and Settlement, Segunbagicha, Ramna, Dhaka Vs. Abdul Majid Howlader and others, 1 LG (AD) 64=9BLC (AD) 51; Bangladesh, represented by the Secretary, Ministry of LA & LR and others Vs. Commercial Trust of Bangladesh Ltd. and others, 1994 BLD (AD) 72=46 DLR (AD) 83; Brahmanbaria Pouras......time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267.             ......f issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267.             ..

Category: Property Law | Date: 16 Jan, 2005 | Hits: 7

Habibullah (Md) Vs. Sher Ali Khan and others, 2005, 34 CLC (AD)

....Civil Revision No. 502 of 1998 making the Rule absolute. The Rule was obtained against the judgment and decree dated July 25, 1987 of the Court of Subordinate Judge (now Joint District Judge), and Commercial Court No. 2, Dhaka passed in Title Appeal No. 17 of 1986 dismissing the same upon affir......the discussions made herein above we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 55. ......the discussions made herein above we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 55. ..

Category: Civil Law | Date: 15 Jan, 2005 | Hits: 177

Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)

....the Rules are discharged. The order of stay granted earlier by this Court is hereby vacated. Ed.     This Case is also Reported in: 57 DLR (2005) 546.   ......bit of section 418 of the Penal Code or section 5(2) of Act 11, 1947. Mr. Huq further submits that in the meeting of the Evaluation Committee dated 30‑3‑99 it was clearly stated that as the World Bank did not response to give financial assistance for payment of the fees of the, consultant, the M......lice Station, relating to the occurrence between 22‑11‑98 a and 12-7-2001 alleging that Md. Nasim, at the relevant time, Post and Tele-Communication Minister and AHS Rahman, Director, Consociates Ltd. in collusion with each other, by misusing their powers got Consociates Limited appointed as con..

Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1

Fokrul Alam Chowdhury Vs. State & another, 2004, 33 CLC (HCD)

.... connection with the Rule stands vacated. Send a copy of the judgment to the Senior Special Judge, Cox's Bazar, immediately. Ed. This Case is also Reported in: 57 DLR (2005) 727. ......s also liable to a criminal charge and necessary elements of such offence are found present………(9) Cases Referred to- State Vs. Md. Iqbal Hossain, 48 DLR (AD) 100; IFIC Bank Ltd Vs. Abdul Quayum and another, 1999 BLD (AD) 234=4 BLC (AD) 255; GM Towab, Air Vice-Marshal ...... connection with the Rule stands vacated. Send a copy of the judgment to the Senior Special Judge, Cox's Bazar, immediately. Ed. This Case is also Reported in: 57 DLR (2005) 727. ..

Category: Banking Law, Criminal Law | Date: 12 Dec, 2004 | Hits: 1

Kishore Kumar Roy Vs. Md. Anwar Hossain & another, 2004, 33 CLC (AD)

....there is nothing to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15. ......there is nothing to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15. ......there is nothing to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15. ..

Category: Property Law | Date: 12 Dec, 2004 | Hits: 62

Northpole (BD) Ltd Vs. Bangladesh Export Processing Zones Authority (BEPZA) and others, 2004, 33 (HCD)

.... dispose of the application of the petitioner for manufacturing tent at Chittagong EPZ within 2(two) months of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 631. ...... dispose of the application of the petitioner for manufacturing tent at Chittagong EPZ within 2(two) months of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 631. ...... is also Reported in: 57 DLR (2005) 631. ..

Category: Business or Commercial Law | Date: 17 Aug, 2004 | Hits: 2

Ashraful Alam Vs. Md. Moniruddin and ors, 2004, 33 CLC (HCD)

....gment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 260.       ......gment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 260.       ......gment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 260.       ..

Category: Property Law | Date: 17 Aug, 2004 | Hits: 2

Hasina Begum Vs. Deputy Commissioner, Dhaka and others, 2004, 33 CLC (HCD)

....d auction sale is also declared without jurisdiction, illegal and void; and accordingly, quashed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 257. ......s. 21. P.W.2 Mrs. Helena Akhter, aged about 61 years, elder sister of the plaintiff, proved oral gift of the suit property to the plaintiff on 2‑1‑85. She retired as senior officer of Uttara Bank. She said that at the time of oral gift, she was present along with P.W.3 Moniruddin Ahmed, you......d auction sale is also declared without jurisdiction, illegal and void; and accordingly, quashed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 257. ..

Category: Others | Date: 15 Aug, 2004 | Hits: 3

State Vs. Md. Arab Ali, Ex-Manager, Rupali Bank and others, 2005, 34 CLC (AD)

....ision in Civil Revision No.3277 of 1993 are set aside and consequently both the judgments and decrees of the courts below are set aside. Title Suit No. 2 of 1989 of the Court of Subordinate Judge and Commercial Court No. 2, Dhaka, is dismissed without cost".  3. On 12‑8......Ruhul Amin J MM Ruhul Amin J Md. Tofazzul Islam J  State ………………..Appellant Vs. Md. Arab Ali, Ex‑Manager, Rupali Bank and others..........Respondents  Judgment August 10, 2004. ......rt Division was in error in quashing the proceeding of the Special Case No. 12 of 1985 of the Court of Divisional Special Judge, Dhaka.  Accordingly, the appeal is allowed. Ed. ..

Category: Criminal Law | Date: 10 Aug, 2004 | Hits: 84

¬Bank of Credit and Commerce International (Overseas) Ltd Vs. Bangthai Electrical Industries Ltd. and others, 2004, 33 CLC (HCD)

.... 2. FA No.60 of 1992 arises out of Title Suit No.20 of 1989. The erstwhile Bank of Credit and Commerce International (Overseas) Limited, briefly BCCI, on 1‑2‑89 instituted the suit in the First Commercial Court at Dhaka against the Bangthai Electrical Industries Limited and others for a money ......s Case is also Reported in: 57 DLR (2005) 643. ......reme Court High Court Division (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J SAB Mahmudul Huq J ­Bank of Credit and Commerce International (Overseas) Ltd............Appellant Vs. Bangthai Electrical Industries Ltd. and others.................

Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4

Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)

....ellant. If no deposit is made within that period the appeal stands dismissed. Let the lower Courts records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 310. ...... willingness to purchase the same. After her mother's return negotiation held with the defendant-appellant. Price was fixed at Taka 69,00,000. She deposed that on 17‑3‑1992 through the Islami Bank Taka 7,00,000 was paid by cheque. Subsequently on 4-4‑1992 through Uttara Bank Taka 10,00,000......ellant. If no deposit is made within that period the appeal stands dismissed. Let the lower Courts records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 310. ..

Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6

Khalilur Rahman being dead his heirs Mrs. Nazma Begum and others Vs. Md. Habibullah and another, 2004, 33 CLC (HCD)

....ion the Rule is discharged. Sent down the Lower Court Records along with a copy of this judgment to the concerned court at once. Ed. This Case is also Reported in: 57 DLR (2005) 603. ......(P) Ltd. Vs. Shah Ramanial Ritesh Kumar & others, Company Cases (India) Vol. 76 pages 315; Messrs Syed Rasool and Sons Vs. Messrs Aildas and Co, 1992 CrLJ 4048; Dada Silk Mill Vs. Indian Overseas Bank, Company Cases Vol. 182 page 46. Lawyers Involved: Khan Saifur Rahman with Md. Shakir......resent petitioners nor convicted accused Khalilur Rahman (now dead) during, the course of trial has denied it in any way. ………(31) Cases Referred to- Union Road Ways (P) Ltd. Vs. Shah Ramanial Ritesh Kumar & others, Company Cases (India) Vol. 76 pages 315; Messrs Sy..

Category: Banking Law, Criminal Law | Date: 19 Jul, 2004 | Hits: 3

M. A. Mazid and another Vs. The Chairman, Chittagong Port Authority and others, 2006, 35 CLC (AD)

....equires adjudication of factual aspect by evidence" in the impugned judgment is hereby expunged.  With above expunction of the redundant observation, this petition is dismissed.  Ed. ......was detected that the petitioner furnished forged bank guarantees and as such the petitioners, in effect, violated the order of the Court. Thus the rule is liable to be discharged.  4. The City Bank ltd. impleaded itself as a respondent in the rule and filed an application with an information ......hority to deliver the vessel M.V. Blue North to auction purchaser-petitioner stating, inter alia, that the petitioner M. A. Mazid was the Managing Director of petitioner No. 2 Mazid Steel Corporation Ltd. being the highest bidder in the auction, purchased the vessel M.V. Blue North for a considerati..

Category: Fiscal/Taxation Law | Date: 18 Jul, 2004 | Hits: 109

Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)

....e insurance policy of defendant No. 1 for Taka 15,000 and the declaration made by him at the end of 1959 before the Martial Law Authority regarding an amount of Taka 30,000-35,000 lying with Muslim Commercial Bank and Lloyd's Bank, Dhaka. All these matters the trial Court considered to arrive at...... policy of defendant No. 1 for Taka 15,000 and the declaration made by him at the end of 1959 before the Martial Law Authority regarding an amount of Taka 30,000-35,000 lying with Muslim Commercial Bank and Lloyd's Bank, Dhaka. All these matters the trial Court considered to arrive at the conclu......endant No. 2, in January, 1951 to Rangpur and when he himself was living at Jalpaiguri at that time. He was subsequently transferred to Calcutta office of the Rahimia Land and Tea Company (Private) Ltd. and at that time he came in, contact with the owners of the suit property and they agreed to ..

Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196

Oriental Bank Ltd. Vs. Rina Alam and another, 2004, 33 CLC (AD)

....nst the judgment and decree dated 12‑4‑2004 passed by the High Court Division in Appeal from Original Decree No; 96 of 2002 affirming those dated 26‑11‑2001 of the Joint District Judge and Commercial Court No. 1, Dhaka in Title Suit No. 197 of 2001 decreeing the suit. 2. The responde......so Reported in: 57 DLR (AD) (2005) 51. ......ported in: 57 DLR (AD) (2005) 51. ..

Category: Civil Law | Date: 5 Jul, 2004 | Hits: 171