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Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD)

....ut any order as to costs. Sent down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 85; 20 BLT (HCD) (2012) 532 . ......tra, he acknow­ledge further receipt of Taka 20 lakh on 10-12-96 and an agreement was entered for performance of the contract. On 21-11-1996, defendant No.1 informed the plaintiff that the necessary documents and Khatians were not in his hand and for this reason it was not possible to mention the r..

Category: Property Law | Date: 12 May, 2010 | Hits: 133

Aftab Automobiles Ltd Vs. Superintendent Customs, Excise & VA, 2010, 39 CLC (HCD)

.... 33. The order of stay granted earlier by the court stands vacated. Communicate the judgment to the respondents at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 138. ......¬/২০০৮-৯/৭৮৩ dated 29-7-2008 by the concer­ned Local and Revenue Audit Directorate audited the office of respondent No.1. (d)  Audit team had jurisdiction to examine any documents of respondent No.1's office as it falls within the purview of audit as defined in the ..

Category: Fiscal/Taxation Law | Date: 10 May, 2010 | Hits: 6

Bangladesh Vs. Raj Rajashore Cakra Narayan Jiue Deity and others, 2010, 39 CLC (HCD)

....er Class Suit No.398 of 1981 is hereby affirmed. Send down the lower Court records at once. Shahidul Islam J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 340. ......and? 4. Whether the plaintiff is entitled to any other relieves? 7. In support of the case, the plaintiff examined 2 witnesses and defendant exam­ined two witnesses. The plaintiff's documents were marked as exhibits 1-13 and while those of defendants marked as exhibits- Ka and Kha...

Category: Evidence Law | Date: 10 May, 2010 | Hits: 161

Most. Johura Begum alias Mosammat Johara Begum Vs. Alhaj Abdur Rob Bhuiyan and others, 2010, 39 CLC (HCD)

....ndant Nos.1-3 Md. Nurul Haque Sheikh is added as defendant No.5 in the suit. Let a copy of this Judgment be sent down at once. This Case is also Reported in: 17 MLR (HCD) (2012) 409. ......nd as such the question of interference does not arise at all. 8. We have heard the learned Advocates of both the sides, perused the revisional application, counter affidavit along with other documents as filed therewith. It appears that the plaintiff-petitioner filed an application under O..

Category: Procedural Law | Date: 9 May, 2010 | Hits: 4

Sarwar Hossain Moni Vs. State and another, 2010, 39 CLC (HCD)

....o prove his case on evidence. 18. In the instant case, the accused-petitioner admitted the loan and admittedly he issued the cheque in favour of the complainant and the cheque was presented to the bank within its validity and the said cheque was admittedly dishonoured by the bank for insufficient......ed to dispose of the case as expeditiously as possible. Let a copy of this order be communicated to the Court concerned immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 510...

Category: Banking Law | Date: 6 May, 2010 | Hits: 573

Abdul Qadir and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....ervation made above. The order of stay granted earlier by this Court stands vacated. Communicate this Judgment at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 473. ...... Revisional application, impugned order dated 10.7.2008, written objection filed by the present petitioners against the miscellaneous case for setting aside the ex-parte decree and other connected documents as filed thereto. Now, let us look, whether the learned subordinate judge committed any i..

Category: Procedural Law | Date: 28 Apr, 2010 | Hits: 4

Abu Borhan Khan Khokon Vs. The State & another, 2010, 39 CLC (HCD)

....Instruments act which reads as follows: "138. Dishonour of cheque for insufficiency, etc. of funds in the account. - (1) Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account is returned by ...... The order of stay granted earlier shall stands vacated. Send a copy of this judgment to the Court concerned for compliance. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 300...

Category: Banking Law | Date: 25 Apr, 2010 | Hits: 177

Kazi Md. Abdul Basit Vs. State, 2010, 39 CLC (HCD)

....r arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 219. ......g into Bangladesh contraband goods in breach of prohibition or restriction on import by law through Chittagong Port and selling the same in Dhaka; that the accused persons could not produce any valid documents in respect of the seized goods and they in collaboration with C & F agents and the Cus..

Category: Criminal Law | Date: 13 Apr, 2010 | Hits: 119

Shabnam Vegetable Oil Industries Limited Vs. Commissioner of Customs (Import) and others, 2010, 39 CLC (HCD)

....o.15.11.10.00. The Finance Act, 2007 came into effect from 01.07.2007. 5. That in course of business, the petitioner opened a Letter of Credit being L/C No.5647141502 dated 21.05.2007 through City bank N.A. Chittagong for import of total 2650 Metric tons (+710%) of Crude Plam Olein ("CPO") bearin......Bills of Entry on 03.07.2007 thus he prayed for discharging the Rule. 23. We have heard the learned Advocates of both the sides, perused the writ petitions, the Affidavit-in-opposition and papers, documents submitted by the parties. 24. The moot question is whether the impugned decisions of th..

Category: Fiscal/Taxation Law | Date: 25 Mar, 2010 | Hits: 134

Vice-Chancellor and Chancellor of the Syndicate, Sher-E-Bangla Agricultural University Vs. Asia Rahman Shova and others, 2010, 39 CLC (AD)

....are also permitted to file important documents by way of additional paper books at the time of hearing of the appeal, if so desire. Ed. This Case is also Reported in: VII ADC (2010) 1008. ...... The order of stay granted earlier is extended till disposal of the appeal. The petitioners are permitted to add the additional grounds. The petitioners are also permitted to file important documents by way of additional paper books at the time of hearing of the appeal, if so desire. ..

Category: Employment/Service Law | Date: 22 Mar, 2010 | Hits: 92

Md. Tofazzel Hossain and others Vs. People's Republic of Bangladesh, 2010, 39 CLC (HCD)

....eau (CIB) Report which was received by the Respondent No.8 IFIC Bank from Bangladesh Bank. 37. CIB reports are prepared by the Bangladesh Bank as per the information provided by the concerned banks. 38. As such due to such provisions the bank are bound by the specific provision of not ......f this Judgment and order. Ad interim direction granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 235. ..

Category: Civil Law | Date: 16 Mar, 2010 | Hits: 7

Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)

....993 it is stated that it is 'however, a matter of record'. This defendant submits in this connection that on the request of Rahima Food Corporation on account of defendant No.1, ANZ Grindlays bank by its letter dated 9th November, 1993 revalidated the Bank Guarantee upto 20th February, 1993.......ting No.2/94 dated 31-3-1994. The proforma defendant No.5 thereafter, for reasons known to them, gave a letter under reference No. RAJUK/Estate/4001 STHA dated 27-9-94 seeking further information and documents. Defendant No.1 as lawfully constituted attorney of the plaintiff gave a reply to the said..

Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13

Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)

....squo;s entirety, but so far as the same relates to the Petitioner only. There will, however, be no order as to costs. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......t dogma is bound to plunge a decision to nihility. Mr. Huq further submitted that while conducting charge hearing, the Court concerned is bound to explain and examine all the facts as revealed by the documents before it and that it can frame charge only on being satisfied that the documents before i..

Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228

Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)

....ption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......n can be invoked without relying on any other penal law because Section 5 (2) can stand on it’s own legs. 19. Having heard the learned advocates of both the sides and having considered the documents in the file, it is our view that we are to address the following questions in the process ..

Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102

Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....uption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......wn can be invoked without relying on any other penal law because Section 5(2) can stand on it’s own legs. 19. Having heard the learned advocates of both the sides and having considered the documents in the file, it is our view that we are to address the following questions in the process ..

Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131

Dr. Md. Nazimuddin and others Vs. Md. Abdur Rahman Siddique and others, 2010, 39 CLC (HCD)

.... of 1909 and Insolvency Act No.5 of 1990 were repealed. This Bankruptcy Act is a special legislation and provides for special procedure to be followed for declaring a person (loanee) as insolvent / bankrupt and the said Act appears to be a remedial Act for protection of interest of the parties. ......ower Court's record at once. Let a copy of the judgment be transmitted to the Courts concerned at their respective station. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 305. ..

Category: Civil Law | Date: 25 Feb, 2010 | Hits: 7

Nuvista Pharma Limited Vs. Chairman, National Board of Revenue & ors, 2010, 39 CLC (AD)

.... imported raw materials for manu­facturing which has already arrived at the airport and that were awaiting for clearance. The peti­tioner had already got the import registration cer­tificate and bank account changed to the new name of the company and all documents were done in the name of Nuvi...... arrived at the airport and that were awaiting for clearance. The peti­tioner had already got the import registration cer­tificate and bank account changed to the new name of the company and all documents were done in the name of Nuvista Pharma Limited. But the clearance of VAT authorities rem..

Category: Business or Commercial Law | Date: 4 Jan, 2010 | Hits: 4

Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)

....the income and expenditure of the deity's property since 1972, that there is no existence of Kali Mondir in the suit lands for about 28 years, that Gonesh Chandra Karmaker, (DW 4) admitted that o bank account is maintained in the name of deity, that the defendant is not maintaining the affairs o......he result, the appeal is dismissed with costs. The connected Rule is discharged. Send down the lower Court records at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 679. ..

Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94

Md. Saiful Islam and others Vs. State and another, 2009, 38 CLC (HCD)

.... 2000 pending in the Nari-O-Shishu Nirjatan Daman Tribunal, Sirajgonj is hereby quashed. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 420. ......ate opposite party. 8. Mr. Shakhawat H. Khan, learned Advocate for the accused-petitioners has taken us through the FIR, police report, petition of complaint, impugned order and other relevant documents and submits that the police after investigation submitted final report against the accus..

Category: Women and Children | Date: 8 Dec, 2009 | Hits: 14

Md. Jubayer Vs. State and others, 2009, 38 CLC (HCD)

....wer of the cheque. The pro­vision to Section 138, however, is as follows: Provided that nothing contained in this section shall apply unless- (a) the cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its va......der be sent to the Court concerned at once for information. Afzal Hossain Ahmed, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 343; 15 MLR (HCD) (2010) 424 . ..

Category: Criminal Law | Date: 9 Nov, 2009 | Hits: 128