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Commissioner of Customs and others Vs. M/S. R.R. International and others, 2009, 38 CLC (AD)

.... of paper book is dis­pensed with as prayed for. The order of stay granted earlier by this Court is extended till hearing of the above. Ed. This Case is also Reported in: VII ADC (2010) 1001.......t effect of law was required to be gazetted and further the said SRO Nos. 113 and 152 could not also be given retrospective effect to affect the vested right already accrued to the petitioners in the absence of any spe­cific legislative direction to that effect and thus the petitioners acted illega...... of paper book is dis­pensed with as prayed for. The order of stay granted earlier by this Court is extended till hearing of the above. Ed. This Case is also Reported in: VII ADC (2010) 1001...

Category: Fiscal/Taxation Law | Date: | Hits: 93

M/S. Hamida Oil Mills, Proprietor Bhaiya Oil Mills Ltd. Vs. Agrani Bank Ltd. and others, 2010, 39 CLC (AD)

....k agreed to waive interest to some extend and informed the writ-petitioner Mills by the letter No. অব্যালাপূশা/ঋণ/১২০৬/০৪ dated 30.10.2004 that it would accept a total amount of TK. 799.63 only after waiver of interest from the writ-petitioner on two main condit...... the above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 995....... the above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 995...

Category: Banking Law | Date: | Hits: 191

M/s. Bangladesh Catfish Limited and others Vs. Sunny Fish Agency and Trading and others, 2010, 39 CLC (AD)

....ge by judgment and order dated 16th November, 2005 decreed Tk. 2,47,50,109.60 against the defendant No. 2, Tk. 4,62,74,473 against the defendant No.3 and Tk. 1,6,27,884.96 against the defendant No. 4 totaling Tk. 8,60,52,496.56 holding that the defendant Nos. 1,2,3 and 4 are jointly liable to pay th......o withhold the payment of the decreetal amount. We find no merit in the contention of Mr. Mahmud. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 991.......o withhold the payment of the decreetal amount. We find no merit in the contention of Mr. Mahmud. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 991...

Category: Civil Law | Date: | Hits: 96

Shahadat Hossain (Md.) Vs. Base Textile Ltd., 2000, 29 CLC (HCD)

....application is thus allowed in part. The order restraining the respondent No. 2 from operating the bank accounts of the Company is vacated. Ed. This Case is also Reported in: 54 DLR (2002) 583. ......but before his departure the respondent No. 2 asked for the signature of the petitioner on blank letterheads against the names of the directors on the plea of using them in case of any urgency in his absence. The petitioner believed the respondent No. 2 and in good faith signed some blank letterhead......in his capacity as the chairman and not as the Managing Director of the Company. 23. He then contends that the allegations of forgery are vague and have no factual basis. This Court in its summary jurisdiction should not take complete evidence to resolve the dispute. 24. He has further submitt..

Category: Company Law | Date: | Hits: 247

State and Others Vs. Abdul Kader @ Mobail Kader and others, 2010, 39 CLC (AD)

....e Baban Khan of East Madiny Mondal, 41/1, Purana Paltan, P.S. Motijheel, Dhaka are directed to surren­der forthwith before the Court below. Ed. This Case is also Reported in: VII ADC (2010) 984.......e Baban Khan of East Madiny Mondal, 41/1, Purana Paltan, P.S. Motijheel, Dhaka are directed to surren­der forthwith before the Court below. Ed. This Case is also Reported in: VII ADC (2010) 984.......e Baban Khan of East Madiny Mondal, 41/1, Purana Paltan, P.S. Motijheel, Dhaka are directed to surren­der forthwith before the Court below. Ed. This Case is also Reported in: VII ADC (2010) 984...

Category: Criminal Law | Date: | Hits: 46

Hamidul Huque, Managing Director, United Commercial Bank Ltd. and another Vs. Akhtaruzzaman Chowdhury, 2005, 34 CLC (AD)

.... above, we find no cogent reason to interfere with the impugned order of the High Court Division. In the result, the appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 971....... above, we find no cogent reason to interfere with the impugned order of the High Court Division. In the result, the appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 971.......rmanship of a neu­tral and independent person and the Company Court after hearing the parties by its order dated 15.4.2002 was pleased to allow the application of the respon­dent after invoking its jurisdiction under section 85(3) of the Act in view of the facts and circumstances of the case and c..

Category: Criminal Law | Date: | Hits: 60

Dr. Qazi Faruque Ahmed Vs. Mahbub-ul Karim and others, 2010, 39 CLC (AD)

....f paper books is dis­pensed with as prayed for. The order of stay granted earlier by this Court is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 955.......f paper books is dis­pensed with as prayed for. The order of stay granted earlier by this Court is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 955.......s to the writ-petition and leaving nothing to be adjudicated upon. The learned Counsel further submitted that the High Court Division erred in law in passing the impugned order by way of usurping the jurisdiction of a civil Court inasmuch as the subject matter of the writ-petition being the subject ..

Category: Civil Law | Date: | Hits: 103

Suraiya Begum and others Vs. Misir Ali and others, 2010, 39 CLC (AD)

.... Khatian No.320, under Mouza No.13, North Rupshi, within Police Station and Sub-registry, Rupgonj, District-formerly Dhaka now Narayangonj and Bangu Sheikh had raiyati jote right in 313 dec­imals in total under this Khatian and Bangu Sheikh had his wife Rupjan Bibi and his daughter Payrun Nessa and...... above, we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 945. ......t any objection. It is clear case where the Courts below have committed an error of law resulting in an erroneous decision occasioning failure of justice, the High Court Division under its revisional jurisdiction is inclined to interfere with the concur­rent findings of the Courts below. In view..

Category: Property Law | Date: | Hits: 47

Nasrin Akhter and another Vs. Sree Gouranga Lal Mukherjee and others, 2009, 38 CLC (AD)

....petitioners are permitted to pre­pare the paper book out of Court in accordance with Rules. The appeals to be heard one after another. Ed. This Case is also Reported in: VII ADC (2010) 940. ......ast court of finding of fact on consideration of the materials and evidence on record, the High Court Division erred in interfering with such findings of facts in its revisional juris­diction in the absence of any allegation of non-consideration of any evidence on record or any perverse finding. Ou...... in the absence of any allegation of non-consideration of any evidence on record or any perverse finding. Our Appellate Division has settled the prin­ciple that High Court Division in its revisional jurisdiction normally will not interfere with the findings of fact of any appellate Court, even if t..

Category: Property Law | Date: | Hits: 45

Dr. Manzoor Rasheed Chowdhury Vs. Principal, DMC Dhaka and others, 2000, 29 CLC (HCD)

....ission test and by increasing one seat by the respondents. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 578. ......imit upto 40 years in view of the fact that the University directed the respondents to follow the admission policy of the government on the ground that the college being government institution in the absence of any admission rules framed by the University (Annexure-3A to the affidavit-in-opposition)......sel for the petitioner in the case of Ritesh R Sha, petitioner Vs. Dr. YL Yamul and others, respondent, reported in AIR 1996 Supreme Court 1378, the Supreme Court of India in the exercise of the writ jurisdiction directed to admit the petitioner in any of the colleges in MBBS Course in a vacant seat..

Category: Others | Date: | Hits: 100

Md. Abdus Sattar Khan (Rtd.) Vs. Director General, Bureau of Anti Corruption Bangladesh, Segunbagicha, Dhaka and others, 2009, 38 CLC (HCD)

....arged. However, there will be no order as to costs. Md. Ashfaqul Islam J.- I agree. Ed. This Case is also Reported in: 15 BLC (2010) 73; 15 MLR (HCD) (2010) 1; 30 BLD (HCD) (2010) 181. ......arged. However, there will be no order as to costs. Md. Ashfaqul Islam J.- I agree. Ed. This Case is also Reported in: 15 BLC (2010) 73; 15 MLR (HCD) (2010) 1; 30 BLD (HCD) (2010) 181. ......ns are baseless dropped the matter in 2001 and as such the impugned notice dated 22.3.2003 by the Bureau of Anti Corruption, Dhaka under section 4(1) of the Act, 1957 is illegal, malafide and without jurisdiction. In support of his submission, the learned advocate referred the case of Md. Abul Kalam..

Category: Anti-Corruption Laws | Date: | Hits: 171

Feroz Uddin Vs. Eshan Re-Rolling Mill Ltd., 2009, 38 CLC (HCD)

....on with the complainant-respondent consequently Tk. 7,49,832/- fell due to the accused-appellant. The accused gave three cheques for the amount of Tk. 2,58,000/-, Tk. 2,91,832/- and Tk. 2,00,000/- in total Tk. 7,49,832/- on different dates respectively. Thereafter, the complainant-respondent present......ties are hereby discharged from their bail bonds. Send down the lower court records at once for information and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 684. ......ction 138 of Negotiable Instrument Act referred to above. The learned Advocates of both the parties express the same view that there is no instance of compounding the offence under section 138 in our jurisdiction. I have gone through the decisions of Indian Supreme Court referred to above about comp..

Category: Criminal Law | Date: | Hits: 57

M. Anwar Hossain and others Vs. Government of Bangladesh and Others, 2008, 37 CLC (HCD)

....ter the documents as per the value mentioned in the document itself. No order as to costs. Quamrul Islam Siddiqui J. - I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 703. ......ter the documents as per the value mentioned in the document itself. No order as to costs. Quamrul Islam Siddiqui J. - I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 703. ......decree and the amount mentioned in the decree used to be the amount mentioned in the contract for enforcement of which the decree was passed and as such the impugned annexures are illegal and without jurisdiction. He further submits that the proviso to that Bidhi requires payment on the market value..

Category: Property Law | Date: | Hits: 35

Md. Monjur Murshed Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....discharged but without any order as to cost. Md. Mamtaz Uddin Ahmed J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 699, 17 BLT (HCD) 2009, 575; 15 MLR (HCD) (2010) 296. ......discharged but without any order as to cost. Md. Mamtaz Uddin Ahmed J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 699, 17 BLT (HCD) 2009, 575; 15 MLR (HCD) (2010) 296. ......discharged but without any order as to cost. Md. Mamtaz Uddin Ahmed J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 699, 17 BLT (HCD) 2009, 575; 15 MLR (HCD) (2010) 296. ..

Category: Banking Law | Date: | Hits: 205

A.B.M. Nurul Islam Vs. Bangladesh Sericulture Board, Rajshahi, 2009, 38 CLC (HCD)

....er from his service is hereby declared to have been made without lawful and is of no legal effect. Mir Hashmat Ali J. - I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 750. ......er from his service is hereby declared to have been made without lawful and is of no legal effect. Mir Hashmat Ali J. - I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 750. ......riminal case in view of the Provision of regulation 49 (1) of the Regulation-1990 but instead of Provision 49 (1) of Regulation they issued the order of dismissal and thus acted illegally and without jurisdiction. He further submitted that Provision-40 (2)of the regulation Provides that if any depar..

Category: Employment/Service Law | Date: | Hits: 104

Munshi Abdul Hai Vs. Sanjoy Kumar Shil, 2010, 39 CLC (AD)

....infirmity to interfere with the impugned judgment and order passed by the High Court Division. The petition is accordingly dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 935. ......efore, the plaintiff had the locus standi to challenge this order of mutating the name of the defen­dant. The Court of appeal below fur­ther observed that the suit is bad for defect of party in the absence of the Revenue Officer: this observation is also based upon misconception of law, inasmuch a......infirmity to interfere with the impugned judgment and order passed by the High Court Division. The petition is accordingly dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 935. ..

Category: Property Law | Date: | Hits: 32

Md. Sharif Hossain Vs. Md. Abdul Jalil and another, 2009, 38 CLC (HCD)

....Rule is discharged without any order as to cost. Let a copy of the judgment along with lower Court’s record be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 744.......Rule is discharged without any order as to cost. Let a copy of the judgment along with lower Court’s record be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 744....... the usual transfer of flat of multistoried building as well as land of Dhaka Metropolitan City will be put under tremendous threat, multiplicity of litigation, etc. However, sitting under revisional jurisdiction, I am refrained to make any comment on this branch of argument. 26. Here it may be f..

Category: Property Law | Date: | Hits: 39

Abdul Jalil Miah and another Vs. Siddiqur Rahman, 2009, 38 CLC (HCD)

....e rule is made absolute without any order as to the costs. Lower Courts records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 735. ......case of tangible immovable property of the value of one hundred (Taka) and upwards, or in the case of a reversion or other intangible thing, can be made only by a registered instrument”. Now in the absence of any registered deed of exchange in pursuance of so-called Salishnama it is absolutely an ......decision can also be cited in the case of Habibullah (Md.) Vs. Sher Ali Khan and others reported in 57 DLR (AD) 55 wherein it is stated: “The High Court Division while exercising its revisional jurisdiction is competent to reverse the judgment of the Courts below when the same has been made ei..

Category: Property Law | Date: | Hits: 39

Alauddin Vs. State, 1999, 28 CLC (HCD)

....not on consideration of the report of investigation officer. Communicate the order to the Tribunal. Stay granted earlier stands vacated. Ed. This Case is also Reported in: 54 DLR (2002) 564. ......not on consideration of the report of investigation officer. Communicate the order to the Tribunal. Stay granted earlier stands vacated. Ed. This Case is also Reported in: 54 DLR (2002) 564. ......s of the Cruelty to Women Deterrent Punishment) Ordinance, 1983 is illegal. He has further pointed out that in a revision the learned Sessions Judge gave direction for taking cognizance but it is the jurisdiction of the Court concerned to decide whether cognizance can be taken or not. So, according ..

Category: Criminal Law | Date: | Hits: 29

Azizul Hoq Vs. Administrator of Waqf, Government of Bangladesh and others, 2001, 30 CLC (HCD)

....nt and it is also liable to be discharged being infructuous. In the result, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 561. ......nt and it is also liable to be discharged being infructuous. In the result, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 561. ......er provision of section 32(1) of the Waqf Ordinance, 1962 as such, the question of infringement of any fundamental right does not arise and petitioner is not entitled to get any relief under the writ jurisdiction. 9. The respondent No. 2 in his affidavit-in-opposition stated in the similar langua..

Category: Trust/Waqf Law | Date: | Hits: 180