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....d and it is still lying with the appellate authority, pending fulfilment of the direction, given to the respondent, to deposit Taka 5 crore as per section 7(d) of the University Act in a nationalised bank. In fact, the respondent by a letter dated October 2, 1998 Annexure‑H informed the appellate ...... Court
Appellate Division
(Civil)
Present:
M Ruhul Amin J
KM Hasan J
Md. Fazlul Haque J
Secretary, Ministry of Education, Government of People's Republic of Bangladesh and others .............Appellants
Vs.
North Point University... ……….Respondent
Ju......se of action, if any, had matured.
In view of the above the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (AD) (2003) 94; 1 ADC (2004) 497.
..
Category: Others | Date: 8 Feb, 2003 | Hits: 112
Islami Bank Bangladesh Ltd. Vs. Sub-Judge and Additional Artha Rin Adalat & others, 2003, 32 CLC (AD
....ood guarantor for the repayment of the loan amount due from the respondent Nos. 2 and 3. The defendant No. 2 failed to pay the loan amount due against the hypothecated goods kept in the godown of the bank and thereupon, plaintiff filed the aforementioned money suit for realisation of Taka 31,30,699 ...... KM Hasan J Md. Fazlul Haque J Islami Bank Bangladesh Ltd. ..........Appellant Vs. Sub‑Judge and Additional Artha Rin Adalat & others...Respondents Judgment &nb...... allowed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 121. ..Category: Business or Commercial Law | Date: 28 Jan, 2003 | Hits: 112
.... a time before VAT Act came into force on 1-7‑1991 and enjoying exemption under the relevant law as it was, so imposition of VAT on those finished goods at the stage of delivery from, the aforesaid bank godown amounts to imposition of a tax without the sanction of law.
6. The provision of se......
SJR Mudassir Husain J
AS Ahammed J
Anowar Steel Mills Ltd...........Petitioner
Vs.
Secretary, Ministry of Finance, Internal Resources Division, Government of Bangladesh and others ….... Respondents
Judgment
January 26, 2003.
The Value Added Tax Ac......s and/or error apparent on the face of the record this petition do not merit any consideration.
This petition is dismissed.
Ed.
This Case is also Reported in: 57 DLR (AD) (2005) 58
..
Category: Fiscal/Taxation Law | Date: 26 Jan, 2003 | Hits: 114
Govt. of BD, rep. by the Sec., Min. of Defence & ors. Vs. Md. Afzal Hossain Ansari, 2003, 32 CLC (AD
....o without bringing to the notice of the higher authority principles of purchase as were in the Memo dated July 29, 1985 of the Ministry of Finance and that received current account cheques instead of bank draft or pay order from the bidders and, as such, committed gross negligence of duty making him...... Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Government of Bangladesh, represented by the Secretary, Ministry of Defence and others ..............Appellants Vs. Md. Afzal Hossain ......peal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 65. ..Category: Administrative Law | Date: 8 Jan, 2003 | Hits: 122
Humayun M Vohra Vs. ESPN Star Sports and others, 2003, 32 CLC (AD).
.... The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 99. ......Husain J AS Ahammed J Humayun M Vohra .........Petitioner Vs. ESPN Star Sports and others……………..Respondents Judgment...... The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 99. ..Category: Procedural Law | Date: 23 Nov, 2002 | Hits: 103
Zyta Garments Ltd. Vs. Union Bank Ltd. and another, 2003, 32 CLC (AD).
....lip;….Respondents Judgement November l9, 2002. Letter of Credit It becomes an independent agreement between the issuing bank and the negotiating bank as soon as the letter of credit is established, a letter of credit is......: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Zyta Garments Ltd......................Petitioner Vs. Union Bank Ltd and another …………….Respondents Judgement ......ary and proper party to be added in the suit and find no illegality or infirmity in its judgement calling for our interference. The leave petition is dismissed. Ed. ..Category: Civil Law | Date: 19 Nov, 2002 | Hits: 169
Asalat Zaman (Md) and others Vs. Government of Bangladesh and others, 2003, 32 CLC (AD).
....ltantly, the learned Subordinate Judge passed an ex parte decree on 21 August 1996 making the award 4, Rule of the Court directing payment of the dues to the contractor with interest according to the bank rate within 30 days. 3. Aggrieved thereby, the Government of Bangladesh re......Civil) Present: Md. Fazlul Karim J Syed JR Mudassir Husain J AS Ahammed J Asalat Zaman (Md) and others ...............Appellants Vs. Government of Ban......as aforesaid with interest at the bank rate till realisation. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 139. ..Category: Alternative Dispute Resolution | Date: 17 Nov, 2002 | Hits: 223
Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)
....d obtained signatures of the respondents upon some blank forms, stamps and papers and also received their original share certificates representing that loan for the company was to be secured from the bank against the said papers. He also gave an undertaking in writing to that effect on that day by w...... Reza Chowdhury CJ Md. Fazlul Karim J Syed JR Mudassir Husain J Ahmed Impex (Private) Ltd. & others.............Appellants Vs. Moqbul Ahmed being dead his heirs: Ferdous Ara Begum and others ................Respondents Judgment November 5, 2002. Result: The appeal is......ge of the High Court Division and accordingly, affirm the impugned judgment and order. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208
Bux Shipping Line Vs. Bangladesh Water Development Board & others, 2002, 31 CLC (AD)
....alization thereof. The review petition has no merit. Accordingly the same is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 476.......oner. Abdul Wadud Bhuiyan, Senior Advocate Instructed by Ms. Sufia Ahmed, Advocate-on-Record-For the Respondents. Civil Review Petition No. 27 of 2002. (From the Judgment and Order dated December 12, 2001 passed by the Appellant Division in Civil Appeal No, 195 of 2000......alization thereof. The review petition has no merit. Accordingly the same is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 476...Category: Alternative Dispute Resolution | Date: 18 Aug, 2002 | Hits: 217
Antibiotic Stores & ors Vs. Subordinate Judge and Artha Rin Adalat & anr., 2003, 32 CLC (AD).
....matter we do n any substance in the submission of the Counsel for petitioners for our interference impugned judgment of the High Court Division. The petition is dismissed. Ed. ...... Md. Fazlul Karim J KM Hasan J Md. Fazlul Haque J Antibiotic Stores & others .................. Petitioners Vs. Subordinate Judge and Artha Rin Adalat and another…………… Respondents &nbs......matter we do n any substance in the submission of the Counsel for petitioners for our interference impugned judgment of the High Court Division. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: 12 Aug, 2002 | Hits: 121
Amir Hossain Vs. Homeland Footwear Ltd. and others, 2002, 31 CLC (HCD)
....Taka 45,00,000 in favour of the respondent-company. This has been acknowledged and proved by the cheques issued on behalf of the company in favour of the petitioner which however, was returned by the bank without payment on the ground of insufficiency of the funds in their bank account. He further a......ourt High Court Division (Civil Original Jurisdiction) Present: ABM Khairul Haque J Amir Hossain...............................................................Petitioner Vs. Homeland Footwear Ltd. and ors…………………………………………Respondents Judgment ...... on the prayer of Mr. Imtiaz Mahmud, Advocate, let the operation of this judgment be stayed for a period of three months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 478. ..Category: Company Law | Date: 21 Jul, 2002 | Hits: 226
Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)
....try. But law has its own way and is inclined to speak in its own language. When money talks judiciary must not balk. Syndicated bridge financing for the Ekushey Television by some foreign and local banks and the investment by the USA finance company is neither a contribution to philanthropy nor ...... (Civil) Present: Mainur Reza Chowdhury CJ Md. Ruhul Amin J KM Hasan J Abu Sayeed Ahammed J Kazi AT Monowaruddin J Ekushey Television Ltd. and others…………...………………&hellip...... judgment of the High Court Division calling for our interference. All the leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 130. ..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
Delwar Hossain Vs. Rajiur Rahman Chowdhury and another, 2003, 32 CLC (AD).
....used continued to borrow small amounts of money from the complainant which he paid back in cash or cheque. On 18‑1-1995 the accused issued a cheque which the complainant deposited with the bank. Subsequently, he came to learn that two cheques issued by the accused had been dishonoured. On...... KM Hasan J Delwar Hossain……………..Petitioner Vs. Rajiur Rahman Chowdhury and another………….Respondents Judgment ...... interference. The criminal petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 58. ..Category: Criminal Law | Date: 24 Apr, 2002 | Hits: 71
Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....sent case. In that case the question of the validity of a certificate of Bangladesh Bank giving no objection for incorporation of BRAC Bank Limited was raised on the ground that incorporation of BRAC bank was not consistent with section 20 of the Societies Registration Act, 1860. There was...... (2002) 537. ......the order for two weeks. Mr. Razzaq opposed the prayer. However, the operation of the order is stayed for ten days. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 537. ..Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7
Raj Unnayan Kartripakshya (RAJUK), Dhk. & ors. Vs. Water Front Apt. Ltd. and ors., 2004, 33 CLC (AD)
.... nine‑storied buildings and one sixteen‑storied apartment building on the case land. Accordingly, the respondents started the construction at a cost of huge sum of money obtained from the bank. The respondents publicised for‑ward sale of the apartments and granted several advance b......Appellate Division (Civil) Present: M Amin Chowdhury CJ Md Ruhul Amin J KM Hasan J AS Ahammed J Rajdhani Unnayan Kartripakshya (RAJUK), Dhaka and others ...........Petitioners Vs. Water Front Apartment Ltd and ors............. R......nsel for the petitioners. We find no illegality is committed in the judgment of the High Court Division calling for our interference. Therefore, the leave petition is dismissed. Ed. ..Category: Property Law | Date: 9 Mar, 2002 | Hits: 1202
.... yds of land and 2 storied building standing thereon within 2(two) months from the date of receipt of the copy of this judgment
Ed.
This Case is also Reported in: 54 DLR (HCD) (2002) 451.
......s also Reported in: 54 DLR (HCD) (2002) 451.
...... yds of land and 2 storied building standing thereon within 2(two) months from the date of receipt of the copy of this judgment
Ed.
This Case is also Reported in: 54 DLR (HCD) (2002) 451.
..
Category: Property Law | Date: 12 Feb, 2002 | Hits: 28
Abdul Rashid Vs. Santi Bhusan Deb and others, 2003, 32 CLC (AD).
....the above it appears that the executants to the agreement are not the owners of the entire schedule land but by this agreement have sought to dispose of 0.42 acres of fallow land, homestead and bank of the tank out of Plot No. 1277 belonging to their cousins namely, Sree Nitai Chandra Deb, Saj...... KM Hasan J Abdur Rashid.............................Petitioner Vs. Santi Bhusan Deb and others………………..Respondents ...... This petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 86. ..Category: Property Law | Date: 26 Jan, 2002 | Hits: 100
Mahbubur Rahman and others Vs. Agrani Bank and another, 2003, 32 CLC (AD).
...., title and possession in the suit land. The suit was decreed ex parte on 21‑2‑1998. On 14‑10‑1998 the officer of respondent No. 1 told respondent No. 2 that he took loan from bank by mortgaging his land and the property would be put to auction for failure to repay the loan. ...... Present: Mahmudul Amin Choudhury CJ Md. Gholam Rabbani J Md. Fazlul Karim J Mahbubur Rahman and others……..Petitioners Vs. Agrani......ity in the impugned order. The petition is accordingly dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 61. ..Category: Procedural Law | Date: 19 Nov, 2001 | Hits: 101
Shankar Lal Das Vs. Janata Bank and others, 2001, 30 CLC (HCD)
.... on 8-9-82 opposite party No.1, the Bank as plaintiff instituted Mortgage Suit No. 116 of 1982 against the petitioner for recovery of a sum of Taka 2,57,130.30 for his failure in the repayment on the bank loan under a cash credit account. On the prayer of the plaintiff, on the same day, two trucks o......ion (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Hasan Foez Siddique J Shankar Lal Das ………….Petitioner Vs. Janata Bank and others... Opposite Parties Judgment November 18, 2001. Result: The Rule is......he judgment debtor, the execution will only proceed to recover the amount in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 371. ..Category: Banking Law | Date: 18 Nov, 2001 | Hits: 146
Islami Bank Bangladesh Ltd. Vs. Md. Habib & ors., 2003, 32 CLC (AD).
....ther that the imported goods would be under the ownership of the Bank and the godown owner would deliver that quantity of the goods to the importer as the Bank would direct against the payment of the bank dues. 3. It was alleged in the FIR that an officer of the Bank went to the godown ......mudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J Islami Bank Bangladesh Ltd...............Appellant Vs. Md. Habib and others......Respondents Judgement August 22, 2001. ......ment and order as aforesaid are set aside. The aforesaid criminal proceedings shall continue against all the accused including the respondent Nos. 1 and 2 in accordance with law. Ed. ..Category: Criminal Law | Date: 22 Aug, 2001 | Hits: 95
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