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Hasna Ahmad Vs. State and another, 2010, 39 CLC (HCD)
....08. Judgment Moyeenul Islam Chowdhury J.- On anapplication under section 561A of the Code of Criminal Procedure, 1898 filed by the petitioner, this Rule was issued calling upon the opposite-parties to show cause as to why the proceedings of the Special Case No.22 of 2007 under sections 409......stion, the submission of Mr. Md. Khurshid Alam Khan stands negatived. 27. Undeniably on 12-12-2004, the case property was allotted in the name of the petitioner and on 31-8-2005, she made a payment of Taka 2,74,79,850 and a further sum of Taka 8,24,396 amounting to 3% Advance Income Tax (A......ion Act, 1947, now pending before the 3rd Court of the Special Judge, Dhaka are quashed so far as it relates to the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 206. ..Category: Anti-Corruption Laws | Date: 1 Dec, 2010 | Hits: 189
....010 that the initial assumption of the customs authority was that the seized goods were smuggled goods and accordingly they proceeded on the basis of such assumption. The basic requirements of a particular goods to be smuggled goods have been provided in section 2(s) of the said Act. Relevant p......section 2(s) run as follows:
"2(s) "Smuggle" means to bring into or take out of Bangladesh in breach of any prohibition or restriction for the time being in force; or evading payment of customs-duties or taxes livable thereon.—
(a).....................
(b).........ng days without fail upon receipt of the copy of this judgment. There will be no order as to costs.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 191
..
Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 3
....010 that the initial assumption of the customs authority was that the seized goods were smuggled goods and accordingly they proceeded on the basis of such assumption. The basic requirements of a particular goods to be smuggled goods have been provided in section 2(s) of the said Act. Relevant p......section 2(s) run as follows:
"2(s) "Smuggle" means to bring into or take out of Bangladesh in breach of any prohibition or restriction for the time being in force; or evading payment of customs-duties or taxes livable thereon.—
(a).....................
(b).........ng days without fail upon receipt of the copy of this judgment. There will be no order as to costs.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 191
..
Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 5
Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)
..... Khatian No. 278, Dag No.354 corresponding to S.A. Khatian No.333, Dag No. 490 and R.S. Khatian No. 218, 226 and 371 Dag No. 459 under Mouza Dewbhoge of Police Station and District Narayanganj (more particularly described in schedule-1 of the writ petition). The petitioner, her brother and sisters ......antor to the decree holder bank. The executing Court is still in seisin of the matter and the petitioner filed her application on 28.2.2010 i.e before issuance of the sale certificate and also before payment of the full consideration (bid money). 13. In 24 BLD (HC) 323, vires of section 32 (2) of...... hearing the said application passed an order on 22.7.2009 directing to maintain status quo (vide annexe-D to the writ petition). She, however, has no objection if respondent No.2 (bank) realises its loan by selling the land of respondent No.3. She is not a “third party” within the meaning of se..Category: Banking Law | Date: 11 Nov, 2010 | Hits: 14
Ms. Syeda Rizwana Hasan Vs. Bangladesh and others, 2010, 39 CLC (AD)
....on No.948 of 1997.) Judgment Surendra Kumar Sinha J. - Leave granted. 2. Appellant, the Bangladesh Environmental Lawyers Association, (BELA) questioned the propriety of the implementation of partly revised lay out plan on the bank of lake adjacent to Road No.20, Sector-3, the Uttara Model T......cute the officers responsible. The appeal is dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 816, 18 BLC (AD) (2013) 54. ......cute the officers responsible. The appeal is dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 816, 18 BLC (AD) (2013) 54. ..Category: Environmental Law | Date: 8 Nov, 2010 | Hits: 258
Deen Mohammad Vs. Bangladesh Bank and others, 2010, 39 CLC (HCD)
....e petitioner to revive his qualification of Director which has been seized by operation of law for non-compliance of the notice (Annexure-C). Moreover he has also failed to be so qualified since only part of the outstanding loan has been paid inspite of the provisions “প্রাপ্য সম......d of 2(two) months his Directorship of the City Bank Ltd. was fallen vacant under section 17 of the Bank Company Act, 1991 (in short, the Act). It has been contended that the petitioner paid 10% down payment and made the loan re-scheduled which was more than the loan amount of Taka 58.38 lakh and as......hort, the case of the petitioner for the purpose of disposal of the Rule is as follows: The petitioner was a shareholder Director of the City Bank Ltd., but on his failure to pay the classified loan with interest to the tune of Taka 58.38 lakh within the prescribed period of 2(two) months his ..Category: Banking Law | Date: 12 Oct, 2010 | Hits: 423
Ayub Ali Sheikh alias Buna Vs. State, 2010, 39 CLC (HCD)
....from the trend of the cross-examination, the defence case appears to be that the convict has been falsely implicated in this case out of enmity because of imposing fine of Taka 500 upon the informant party in a Salish; that the victim was tutored, that victim's father did not file the FIR against th......ss his detention is required in connection with any other case. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (2011) 55.......ss his detention is required in connection with any other case. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (2011) 55...Category: Women and Children | Date: 11 Oct, 2010 | Hits: 154
Nurul Majid Mahmood Humayun Vs. Brigadier General Hassan PSC (Rtd.) and others, 2010, 39 CLC (AD)
....de of Civil Procedure, 1908. 2. The present respondent No.1 filed Election Petition No.4 of 2009 before the High Court Division stating, inter alia, that he being a veteran member of a political party, namely, Jatiyo Party was nominated by the Party on 17 November, 2008 for the 9th National Par......indings and observations, we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 89. ......cy of Narsingdi-4 out of 6 candidates. The present petitioner, an Awami League nominee, Nurul Majid Mahmood Humayun (writ respondent No.13) who has been elected from the said constituency, was a loan defaulter till the date of swearing affidavit on 20-11-2008 and concealing this fact he contest..Category: Civil Law, Election Law | Date: 7 Oct, 2010 | Hits: 8
Orascom Telecom Bangladesh Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....ax on monthly basis under NBR Notification No.2(1) Mobile/Mushak-Basto:Sheba & Aab:/99/1237 dated 11.11.2002. They collect all information regarding revenue from their offices situated in various parts of Bangladesh, prepare a monthly summary and pay the revenue centrally from its head office in...... a fixed price through dealers and on this admitted fact it is clear that the petitioner company sold SIM Card and Scratch card in question to the Ring Distribution Pvt. Limited illegally by avoiding payment of VAT and the adjudicating authority considering this aspect passed the impugned order whic......etitioner prefers appeal before the Tribunal, the limitation in preferring the appeal would not operate as a bar in that event. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 319. ..Category: Fiscal/Taxation Law | Date: 7 Oct, 2010 | Hits: 174
Ain O Salish Kendra Vs. Bangladesh, 2010, 39 CLC (HCD)
.... labour. It indeed appears to be a national problem and deserves more than just a cursory glance from the State machinery. 9. In view of the gravity of the allegations highlighted in the petition, particularly bearing in mind that lives of children are at risk, we requested Dr. Naim Ahmed to assi......uding in the leather industry, the hand looms, the fishing and fish processing industry, the metal manufacturing industry etc. He also points out that children are handed over to certain employers on payment of lump sum of money and the children are expected to work for those employers until that mo...... (2011) HCD 36, 8LG (2011) HCD 1. ..Category: Women and Children | Date: 5 Sep, 2010 | Hits: 261
Prime Global Ltd and others Vs. Artha Ain Adalat No.4, Dhaka and others, 2010, 39 CLC (HCD)
....as finally discharged. As a result, the Adalat proceeded with the suit again, and by judgment and decree dated 7-8-2006 dismissed the suit as against the petitioners, however, decreed the same exparte against Sonali Bank, whereupon Uttara Bank put the said exparte decree into execution through ......hy;oured; however, in the instant case Sonali Bank dishonoured the same and returned them unpaid and thereby defaulted in fulfilling its obligations and, as such, it is under legal obligation to make payment as against those cheques toward adjustment of the said IBP facility availed by the peti...... and, as such, Sonali Bank only is liable to pay; that the mortgage and personal guarantee as stated in the plaint were in fact given in connection with a subsequent facility being CC (Hypo) LTR loan facility which has already been adjusted, but the Uttara Bank refused to return personal guaran..Category: Banking Law | Date: 23 Aug, 2010 | Hits: 2
Ferdous Khan @ Alamgir Vs. Islami Bank Bangladesh Ltd. and another, 2010, 39 CLC (HCD)
.... Md. Rezaul Hasan J Ferdous Khan @ Alamgir………………………......................Petitioner Vs. Islami Bank Bangladesh Ltd. and another………………………Opposite party Judgment August 1, 2010. Result: The Rule is made absolute. Case Ref......2-2008, due to insufficiency of fund; that demand notice was served on 02-3-2008 at the business address of the accused by the lawyer of the bank, as required under section 138(1)(b) of the Act for payment of the amount due under the dishonored cheques, with in 30 (thirty) days from the date of re...... and that the Agrabad Branch is one of them; that the accused is the managing director of Bagdad Exim Corporation Ltd. a private company limited shares; that on the application of the accused for loan, to run its business, the payee Bank sanctioned loan in the name of the company of the accuse..Category: Banking Law | Date: 1 Aug, 2010 | Hits: 657
Rehana Begum and another Vs. State, 2010, 39 CLC (HCD)
....idence of committing rape on the victim. As such the prosecution has been able to prove this case beyond reasonable doubt and the impugned Judgment and order passed, after full fledged hearing of the parties and upon assessing the evidence of all the witnesses, therefore do not suffer from any illeg......sult, the appeal is dismissed. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 75; 30 BLD (HCD) (2010) 448. ......sult, the appeal is dismissed. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 75; 30 BLD (HCD) (2010) 448. ..Category: Women and Children | Date: 1 Aug, 2010 | Hits: 227
....hamala, 1989
Principle
of natural justice and the necessity to issue show cause notice before the
termination of service of an employee of any statutory body
The doctrine of audi
alteram partem is applied even though the statute is silent about the
application of the same and that the ......umerated in Chapter VII of the Regulations, 1989 are followed. Regulation
53(2) as contained in Chapter-IX deals with termination of an officer during
his service period by giving 90 days notice or payment of 90 days in lieu
thereof which is quoted herein below:
এই বিধানম......here will be no
order as to costs. The order of stay granted earlier by this court stands
vacated.
Zubayer Rahman Chowdhury J. - I agree.
Ed.
This Case is also
Reported in:
..
Category: Employment/Service Law | Date: 18 Jul, 2010 | Hits: 5
Sonali Bank Vs. Sheikh Anis Uddin Ahmed, 2010, 39 CLC (HCD)
....e and not covered by any norms of practice as the delay is absolutely inordinate, the appellant may sue the filing conducting lawyer for the loss but on such application which does not disclose the particulars even to the date of knowledge of the date of death of the deceased, for unexplained un.......60 from the defendant-respondent No.1. The suit was dismissed after hearing. In dismissing the suit learned Judge found that as per section 176 of the Contract Act if the pawnor makes default in payment of the debt, or performance, at the stipulated time of the promise in respect of which the g......o section 176. Learned Judge also found that plaintiff received 828 mounds of jute showing short of 378 mounds of jute which were not supplied to the plaintiff. It also appears from the Judgment that loan was sanctioned on 4-11-1978 for Taka 99,000, the last date for payment was fixed on 30-6-1979. ..Category: Civil Law | Date: 15 Jul, 2010 | Hits: 49
Ziaur Rahman (Md.) Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)
....dent No.2, Manager, United Commercial Bank Limited, Chapai Nababgonj filed Artha Rin Suit No.2 of 2006 against this petitioner and others for realization of outstanding loan. That suit was decreed ex-parte by the Judgment and order dated 25-4-2007. Thereafter, on 14-3-2007 the decree-holder bank fil......nd the provision of service of notice as per section 30 has been incorporated in this Ain to make the Judgment-debtors aware of filing of the execution case and thereby to give them opportunity for payment of the decreetal amount and all the subsequent actions in such execution case are taken for ...... as follows: 3. The respondent No.2, Manager, United Commercial Bank Limited, Chapai Nababgonj filed Artha Rin Suit No.2 of 2006 against this petitioner and others for realization of outstanding loan. That suit was decreed ex-parte by the Judgment and order dated 25-4-2007. Thereafter, on 14-3-..Category: Civil Law | Date: 14 Jul, 2010 | Hits: 48
....and is of no legal effect and why the respondents should not be directed to incorporate various types of articles and educational materials in the syllabus in School, College and University level and particularly in Madrasha level highlighting the supremacy of the Constitution and the Rule of law an...... Children's Affairs and the Inspector General of police by a special messenger of the Court at the costs of the office.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 61; 63 DLR (2011) 1....... Children's Affairs and the Inspector General of police by a special messenger of the Court at the costs of the office.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 61; 63 DLR (2011) 1...
Category: Women and Children | Date: 8 Jul, 2010 | Hits: 335
Dhirendra Nath Mondal Vs. Agrani Bank Ltd and others, 2010, 39 CLC (HCD)
....Rin Adalat. Against such judgment and decree no writ petition lies. ........... (13) Deposit of 50% of decretal amount Artha Rin Adalat specifically provides for only two remedies against exparte decree. It is either by an application or by an appeal, but in both the cases deposit of 50% d......3 of 2001 is hereby affirmed. However, there will be no order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 301. ......Suit No.35 of 1996 covering the property of the plaintiff was illegal, collusive, inoperative and not binding upon him. 3. The plaintiff's case, in short, is that, the plaintiff availed loan facility from the branch of the defendant No.1-Bank, and still there is transaction between the..Category: Civil Law | Date: 7 Jun, 2010 | Hits: 6
Md. Sahab Uddin Vs. State and another, 2010, 39 CLC (HCD)
....(Criminal) Present: Salma Masud Chowdhury J Md. Rezaul Hasan J Md. Sahab Uddin……………………..Petitioner Vs. The State and another……………………………Opposite party Judgment May 30, 2010. Result: The rule is discharged. The Negotiable Instrume......e. dishonored, due to msumciency of funds. Thereafter, the payee issued a notice on 30.11.2008, as required under the provisions of section 138(1)(b) of the Act, upon the accused petitioner demanding payment of the amount due under those cheques. The accused petitioner received the notice on 03.12.2......d a petition of complaint before the Additional Chief Metropolitan Magistrate, Chittagong, under section 138 of the Negotiable Instrument Act, 1881, alleging, amongst others, that in order to repay a loan due to the complainant the accused petitioner issued three cheques, in favour of the complainan..Category: Civil Law | Date: 30 May, 2010 | Hits: 43
Abul Hashem Vs. State, 2010, 39 CLC (HCD)
....ons and not by the present appellants even the defence had given suggestion that the place of occurrence is a border area and a smuggling Zone and the deceased was a member of the said smuggling party and for their internal enmity he may be killed by the enmities of him not by the appellants. I......e set at liberty at once if not wanted in connection with any other case. Send down the LC records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)16. ...... to the effect তুই একা কেন, তোর ভাই কোথায়? and in reply the deceased disclosed that his brother Abdul Matin, the informant went to Kasba Krishi Bank for taking loan and another brother was not present in the house. The said discussion of them heard by the P.W...Category: Evidence Law | Date: 26 May, 2010 | Hits: 8
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