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Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)
....rments, inter alia, that pursuant to a grant of a loan from Asian Development Bank toward the costs of Jamuna Meghna River Erosion Mitigation Project and intended to apply part of the loan proceed to payment under a contract for procurement of geo‑textile bags, Bangladesh Water Development Board (......is in a letter written to the Minister for Water Resources by letter dated 1 January 2003; as the writ‑respondents did not comply with the request to save huge foreign exchange and money from the exchequer of the country, the writ‑petitioner’s Counsel in a letter dated 1 February 2003 explain..Category: Others | Date: 10 Dec, 2003 | Hits: 261
Ershad Ali Sikder (Md) Vs. State, 2003, 32 CLC (AD)
.... and they were found guilty under section 325 of the Penal Code and they were sentenced to suffer rigorous imprisonment for 7(seven) years and also to pay a fine of Taka 5,000 each in default of payment of fine each of them are to suffer rigorous imprisonment for l(one) year more. Therefore, th......ials on record has arrived at the correct decision. For the reasons and discussions made above the leave petition is dismissed Connected Jail Petition No. 7 of 2003 is also rejected. Ed. ..Category: Criminal Law | Date: 9 Dec, 2003 | Hits: 122
Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and ors., 2005, 34 CLC (AD)
.... The principle is established and settled as per present legal position that no court can pass any order of injunction or any other restraining order upon any issuing Bank for making payment under Letter of Credit. &n......ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: 2 Nov, 2003 | Hits: 783
Amir Hossain Vs. Md. Amir Ali and another, 2003, 32 CLC (AD)
....learned Counsel for the petitioner submits that in view of the well-settled principle of law that time is not of the essence of a contract for sale of immovable property and the stipulation requiring payment to be made within 4 months having been given a gobye by the subsequent conduct of the partie......tered through the Court. In case of default by the appellant to pay the above amount as directed, the appeals shall stand dismissed. Ed. This Case is also Reported in: II ADC (2005) 38. ..Category: Contract Law | Date: 20 Oct, 2003 | Hits: 256
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....a Glass Works by Defendant no.1 Saiyed Shahidul Huq figuring himself as Administrator, Dhaka Glass Works. The date is 25.3.1980. Exhibit-Cha-1 and Cha-2 are two Rent Receipts of the year 1984 showing payment of rent in respect of State Acquisition Khatian No.4836. Exhibit-Jhaha is certified copy of ......se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
DU rep. by its VC Vs. Associated Engineering & Drillers, 2004, 33 CLC (AD)
....onsive. Accordingly, an agreement was entered into between the appellant and the respondent followed by issuance of a work order. The respondent accordingly, started construction and also received payment. Ultimately, the respondent submitted a bill of Taka 1,37,66,309.47 which was disputed...... dated 28‑4‑1999 but the same was dismissed on 30‑6‑1999. The appellant‑Dhaka University paid the entire awarded amount of Taka 1,37,66,309 on 26‑8‑1999 by cheque. That the trial Court made the award a Rule of the Court on 8‑3‑1998 which was c..Category: Civil Law | Date: 20 Aug, 2003 | Hits: 291
Debendra Kumar Saha & another Vs. Uttara Bank Ltd, 2003, 32 CLC (HCD)
....rn Banking Corporation and thereafter converted to Uttara Bank Limited. After liberation of Bangladesh, the defendant did not pay rents regularly and paid rent up to 1384 BS. Thereafter, they stopped payment of rent and become habitual defaulters. The plaintiff bank requires the suit premises bonafi......no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ..Category: Tenancy Law | Date: 12 Aug, 2003 | Hits: 3
Category: Civil Law | Date: 11 Aug, 2003 | Hits: 21
Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)
.... accept the rent from the defendant and hence defendant filed House Rent Case No.15 of 1998 before the Court of Rent Controller and has been paying rent therein. The plaintiff No.1 also received some payment from the office of the Rent Controller and it was further asserted that the plaintiffs do no....... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ..Category: Tenancy Law | Date: 4 Aug, 2003 | Hits: 171
Bangladesh Vs. Md. Matiur Rahman and another, 2006, 35 CLC (AD)
....n law in granting ad interim relief without noticing the fact reflected in Annexure-A dated December 6, 2001 to the writ petition. It has lastly been contended that Respondent No. 1 having had evaded payment of Tk. 10,06,61,773/- in connection with earlier imported goods, the High Court Division was......on on acceptance of the customs duty and other levies to be assessed by the Customs Authority is stayed till disposal of the writ petition. There is no order as to costs. Ed. ..Category: Business or Commercial Law | Date: 26 Jul, 2003 | Hits: 128
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
.... the present market value as per Ordinance of 1982 and on humanitarian point of view this court also directed the respondents to allow the petitioner to remain in the suit (sic) land till entire payment of compensation money was paid and the respondents were also directed not to distu......in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 515. ..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
Amir Hossain Vs. MA Malek & others, 2004, 33 CLC (AD)
....l Bank Ltd but all the cheques were dishonoured. In spite of request by the complainant petitioner the convict respondents did not take necessary steps either for the encashment of the cheques or for payment of the money. Therefore, the complainant petitioner served legal notice upon the convict res......ction 138 All the requirements of law are available in this case to bring the offence under section 138 of The Negotiable Instruments Act as the convict-respondent admitted the loan, issuance of cheques by him and those cheques being dishonoured. The Code of Criminal Procedure, 1898 (V of ..Category: Criminal Law | Date: 15 Apr, 2003 | Hits: 88
Giasuddin Ahmed Vs. Green Delta Insurance Co. Ltd. & anr., 2004, 33 CLC (AD)
.... the pay order for Taka 44 lac in the presence of the bank officials and respondent No. 2 gave a receipt dated 31‑10‑1993 for the said pay order. The appellant having made the requisite payment as aforesaid, the Bank delivered the share certificates to the appellant on 2‑11̴......s both seen and taken together would not bar the respondents to register the appellant's share. In view of the above the appeal is allowed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: 24 Mar, 2003 | Hits: 286
Govt. of BD rep. by the Sec., Min. of Housing & Pub. Work & ors Vs. Md. Javed Alam, 2004, 33 CLC (AD
....art of the judgment taking exception to which petitioners have filed the present leave petition. The learned Counsel for the respondent felt difficulty to support the part of the judgment relating to payment of interest @ 20% per annum on the rent actually received by the Government from the date of......ing direction to restore vacant possession of the property in question to tile respondent is maintained. Accordingly, the leave petition is disposed of in the aforesaid manner. Ed. ..Category: Property Law | Date: 24 Mar, 2003 | Hits: 463
Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)
....held since 1985. v. Financial bungling committed by the petitioners 2‑5 have been evidenced by the demands for repayment by financial institutions. vi. The respondents have treated the company ......ourt Division in the company matter, we do not find any reason to grant leave against the said judgment. The petition is therefore, dismissed and the delay is condoned. Ed. ..Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273
Aloke Nath Dey Vs. Govt. of BD. rep. by the DC, 2004, 33 CLC (AD)
....rom the Bank in respect of which a succession certificate was asked for, but the certificate has perhaps been though necessary in order to enable the appellants to get back the pledged ornaments on payment of the dues in the Bank. In this view of the matter, the appeal was dismissed. ......the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: 11 Mar, 2003 | Hits: 436
Commissioner of Customs, Customs House, Dhaka & ors Vs. Cieng Tong Chong, 2006, 35 CLC (AD)
....of the Respondent No. 1 that the goods so brought by the writ-petitioner did not cover by the provisions of section 142 of the Customs Act and that as the Writ-petitioner failed to clear the goods on payment of the duties assessed the said goods was liable to confiscated. 5. The High Court Di......mitted no illegality in making the said direction. Thus we find no ground to interfere with the judgment and order of the High Court Division. Accordingly the petition is dismissed. Ed. ..Category: Others | Date: 5 Mar, 2003 | Hits: 114
Salema Khatun Vs. Matiur Rahman, 2003, 32 CLC (HCD)
....mises alleging, inter alia, that the defendant was a monthly tenant under the plaintiff at a monthly rental of Tk. 800/-payable according to English Calendar month and that the defendant defaulted in payment of rent for the month of December, 1999 and thereafter also and the plaintiff bonafide requi......e of the rule is vacated. In the facts of the case, I do not make any order as to costs. Send down the lower Court record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 339. ..Category: Tenancy Law | Date: 8 Feb, 2003 | Hits: 61
Nasima Akhter Vs. Md. Siraj Miah and other, 2003, 32 CLC (AD)
....er, submits that the High Court Division erred in law in decreeing the suit for Specific Performance of Contract in spite of its positive findings that the plaintiff has failed to prove tender and or payment of balance consideration money of Taka 1,63,000 and, as such, the judgment and decree of the......fers from no illegality and/or infirmity and we are not inclined to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 38. ..Category: Property Law | Date: 4 Feb, 2003 | Hits: 147
Islami Bank Bangladesh Ltd. Vs. Sub-Judge and Additional Artha Rin Adalat & others, 2003, 32 CLC (AD
....intiff‑appellant filed aforementioned money suit stating, inter alia, that respondent Nos. 2 and 3 availed loan facilities from the plaintiff and that respondent No. 4 stood guarantor for the repayment of the loan amount due from the respondent Nos. 2 and 3. The defendant No. 2 failed to pay t...... 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