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Anwar Karim and others Vs. Bangladesh Bank and others, 1999, 28 CLC (HCD)
.... illegal. He further submitted that names of the petitioner Nos.1 and 2 were included in the said report without giving them any opportunity to be heard and thereby violating the principle of natural justice though by such inclusion they were debarred from getting loan for their other business. 3......ur of any such defaulting borrower. Notwithstanding anything contained in any other law for the time being in force creditor bank company or financial institution, as the case may be, shall file suit according to the law in force against the defaulting borrower. 6. From the above amended provisio...... 1999. Judgment Kazi Ebadul Hoque J.- This Rule was issued at the instance of the petitioners, Anwar Karim and Afzal Karim as well as Focus Fashion Limited, calling upon the respondent Nos.1-3 to show cause as to why inclusion of the names of the petitioner Nos.1 and 2 as defaulters in the CI......reau) report of Bangladesh Bank for the liability of the respondent No.5, Jaba Textile Mills Ltd. under Borrower Code No.9187 (Annexure-A1 and A2) should not be declared to have been made without any lawful authority and of no legal effect. 2. Learned Advocate for the petitioners after placing th..Category: Banking Law | Date: | Hits: 121
Oram Limited Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka, 2000, 29 CLC (HCD)
....price of the petitioners product other than the price declared by it duly supported by cost analysis have been made In clear violation of Rule 3(3) of the VAT Rules, 1991 and the principle of natural justice as no hearing was given to the petitioner prior to such fixation of price. 9. Mr. Md. Baz......ffice. As permitted by Rule 3(2) of the VAT Rules, 1991, the petitioner considered it necessary to submit new declaration on the basis of the price of aforesaid 3(three) brands of Mosquito Coils, and accordingly submitted new declaration on the basis of price in Form Mushak 1 on 11-4-1994 along with...... High Court Division (Special Original Jurisdiction) Present: Md. Fazlul Karim J Md. Abdul Wahhab Miah J Oram Limited………………….Petitioner Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka………Respondents Judgment December 4, 2000. ......he impugned decisions and demand contained in letter dated 7-7-97 and 14-7-1997 (Annexures-C and C-1) and also in letter dated 11- 4-2000 (Annexure-H) should not be declared to have been made without lawful authority and is of no legal effect and/or pass such other or further order or orders as to t..Category: Fiscal/Taxation Law | Date: | Hits: 91
....wn a copy of this judgment to the learned District Judge, Kurigram and Deputy Commissioner, Kurigram for taking necessary action accordingly.
Ed.
This Case is also Reported in: 53 DLR (2001) 365.......maintainable in law and the Rule is discharged without cost.
Send down a copy of this judgment to the learned District Judge, Kurigram and Deputy Commissioner, Kurigram for taking necessary action accordingly.
Ed.
This Case is also Reported in: 53 DLR (2001) 365.......ladesh Vs. Jaheruddin 1986 BLD (AD) 180; Government of Bangladesh Vs. Amir Hossain Munshi and others 1 BLC 105; Province of East Pakistan Vs. Abdul Hamid Darjee 21 DLR 824; ADC (Rev) and Assistant Custodian, Vested Property, Sirajgong, Vs. Md. Abdul Majid and others 1997 BLD (AD) 57; Bangladesh Vs. ......any willful negligence of the petitioner and if delay is not condoned the petitioners will suffer irreparable injuries. In support of his arguments the learned Assistant Attorney-General cited a case law reported in 1986 BLD (AD) 180, Bangladesh Vs. Jaheruddin and 1 BLC 105 Government of Bangladesh ..
Category: Procedural Law | Date: | Hits: 88
Abdur Rahman and others Vs. Md Shamsul Huq and others, 2000, 29 CLC (HCD)
....g proper provision of law. 5. Mr. Md. Mahbub Ali, the learned Advocate appearing for the opposite party No.1 submits that the defendants have been taking dilatory tactics in defeating the cause of justice. According to Mr. Mahbub Ali devise taken by the defendants may not be encouraged in as much......ing for the petitioners submits that the learned District Judge, committed an error of law in rejecting the application holding that Miscellaneous Case No.13 of 2000 is not an original proceeding and accordingly Order 6 rule 17 CPC cannot be invoked. Mr. Rahman submits that though the application wa......e Petitioners. Md. Mahbub Ali, Advocate—For the Opposite Parties. Civil Revision No. 2271 of 2000. Judgment Bijan Kumar Das J.- This Rule was issued calling upon the opposite party No.1 to show cause as to why the impugned order dated 4-5-2000 passed by the District Judge, Mymensingh i......defendants moved this Court and obtained the present Rule. 4. Mr. M Enayetur Rahim the learned Advocate appearing for the petitioners submits that the learned District Judge, committed an error of law in rejecting the application holding that Miscellaneous Case No.13 of 2000 is not an original pr..Category: Procedural Law | Date: | Hits: 86
Meghna Petroleum Marketing Co. Ltd. and others Vs. MF Limited and others, 2001, 30 CLC (HCD)
....No.274 of 1980 stands dismissed. The parties are directed to bear their respective costs although. Sand down the LC Record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 368.......the plaintiffs were entitled to money decree for realisation of the amount of octroi dues payable by the defendants No.1-2 and 3 to the plaintiffs including the provisional amount of Taka 5(five) lac according to the accounting, calculation and assessment to be made in term of the preliminary decree...... office at 38, Dhanmondi Residential Area, Road No.2, Police Station Dhanmondi, Dhaka and also having a branch office at Khan Lodge, Daulatpur, Khulna. The company is represented by its Managing Director Mr. ATM Mustafa and others filed the Title Suit No.274 of 1980 in the Third Court of Subordinate......troleum Marketing Co. Ltd. and others……………Appellants Vs. MF Limited and others...............Respondents Judgment May 7, 2001. Lawyers Involved: Md. Abdus Samad, Bar-at-law with Mustafa Adil, Advocates—For the Appellants. Md. Ozair Farooq with Sadikun Naher, Advoc..Category: Fiscal/Taxation Law | Date: | Hits: 91
Md. Tariqul Islam Vs. State, 2009, 38 CLC (AD)
....r arrived at a corÂrect decision which does not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 626.......r arrived at a corÂrect decision which does not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 626.......9. Lawyers Involved: Md. Khurshid Alam Khan, Advocate, instructed by Md. Zahirul Islam, Advocate-On-Record-For the Petitioner. Not Represented- the Respondent. Criminal Petition for Leave to Apple No.238 of 2009. (From the judgment and order dated 28.04.2009 passed by the High Court D......sed persons including the convict-petitioner under Section 9(4) (kha) of the Nari-O-Shishu Nirjatan Daman Ain, 2000. The charge was framed against the accused-petiÂtioner under the same provision of law. 4. The defence case is that the accused-petitioner is innocent and he has been falsely impli..Category: Criminal Law | Date: | Hits: 56
Haji Nurul Islam Vs. Maina Miah and others, 2010, 39 CLC (AD)
....rder passed by the High Court Division and hence we do not find any merit in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 620. ......tition. 8. There is no illegality or any infirmity in the impugned judgment and order passed by the High Court Division and hence we do not find any merit in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 620. ......cted by Md. Zahirul Islam, Advocate-on-Record-For the Petitioner. Dr. A. K. M. Ali, Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No.1. Civil Petition for Leave to Appeal No.2165 of 2009. (From the judgment and order dated 24.08.2009 passed by the High Court....... We are of the view that it would be fair if both the applicaÂtions are placed before Respondent No.6 along with all relevant docuÂments and reports for his perusal and decision in accordance with law." 4. Accordingly the matter was considered by the Ministry of Commerce and as the aforesaid t..Category: Others | Date: | Hits: 74
Md. Alimuddin and others Vs. Alhaj Md. Abu Daud, 2010, 39 CLC (AD)
.... rightly held that there was no illegality in decreeing the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 608. ......his possession in the suit land and in view of such finding, the High Court Division rightly held that there was no illegality in decreeing the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 608. ..........Respondent Judgment January 10, 2010. Lawyers Involved: A. S. M. Khalekuzzaman, Advocate-on-Record-For the Petitioners. Not represented-the Respondent. Civil Petition for Leave to Appeal No.2085 of 2009. (From the judgment and order dated 16.04.2009 passed by the High Court......d plot No. 246 and are possessing the suit land constructing dwelling house and shops and the defendants with 5-6 persons tried to enter and dispossess the plaintiff on 05.09.2001. The defendants are law breakÂers as well as powerful with sufficient manpower. They may dispossess the plaintiff from ..Category: Property Law | Date: | Hits: 36
Amal Chandra Dhupi @ Das and others Vs. Lakshan Chandra Das and others, 2010, 39 CLC (AD)
....s." The security of Tk. 1000/- is to be deposited within one month. The preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 605.......s." The security of Tk. 1000/- is to be deposited within one month. The preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 605.......d by A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Mrs. Mahmuda Begum, Advocate-on-Record- For respondent No. 1. Not representÂed-respondent Nos. 2-8. Civil Petition for Leave to Appeal No. 692 of 2009. (From the Judgment and Order dated 10th August, 2008 passed by the Hig...... affirmed those of the Court of appeal below. 6. Mr. M. M. Abdul Quayum, learned counÂsel appearing for the petitioners contended that the learned Single Judge of the High Court Division erred in law in affirming the judgment and order of the Court of appeal below in failing to consider that the..Category: Property Law | Date: | Hits: 27
Md. Helal Uddin and others Vs. M. A. Jakir and another, 2010, 39 CLC (AD)
....rightly affirmed the judgments of the Courts below. We, therefore, find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 604.......fact the High Court Division upon correct assessÂment of the materials on record rightly affirmed the judgments of the Courts below. We, therefore, find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 604.......Petitioners. A. K. Badrul Huq, Senior Advocate, instructÂed by A.K.M. Shahidul Huq, Advocate-on-Record-For Respondent Nos.1-2. Not represented- Respondent Nos. 3-9. Civil Petition for Leave to Appeal No. 1620 of 2009. (From the judgment and order dated 4.6.2009 passed by the High Court ...... the holding after purÂchase, the pre-emptors are not entitled to pre-empt the case holding as they arc not the co-sharers by purchase and thus, the learned Judge of the High Court Division erred in law in maintaining the judgments of the Courts below allowing pre-emption. He further submitted that..Category: Property Law | Date: | Hits: 22
Alekjan Bewa and others Vs. Arefa Bewa and others, 2009, 38 CLC (AD)
....the above, we find no merit in the contention of the learned counsel for the petitioners. The petition is therefore, summarily dismissed. Ed. This Case is also Reported in: VII ADC (2010) 593.......the above, we find no merit in the contention of the learned counsel for the petitioners. The petition is therefore, summarily dismissed. Ed. This Case is also Reported in: VII ADC (2010) 593.............Respondents Judgment December 14, 2009. Lawyers Involved: Md. Mazibar Rahman, Advocate-on-record-For the Petitioner. Not represented- the respondent. Civil Petition for Leave to Appeal No. 1344 of 2009. (From the Judgment and order dated 23rd March, 2009 of a Single Bench......th the prayers made by the learned Advocates for the parties. 6. Learned counsel appearing for the plainÂtiffs-petitioners argued that the learned Single Judge of the High Court Division erred in law in directing the trial Court to allot saham in favour of the heirs of defenÂdant No.20 in faili..Category: Property Law | Date: | Hits: 23
Joynal Abedin Vs. Ali Azam Saibal and others, 2010, 39 CLC (AD)
....t of appeal below. I find no merit in the contention of the learned counsel for the petitioner. The application is therefore, dismissed. Ed. This Case is also Reported in: VII ADC (2010) 590.......t of appeal below. I find no merit in the contention of the learned counsel for the petitioner. The application is therefore, dismissed. Ed. This Case is also Reported in: VII ADC (2010) 590.......¦â€¦â€¦â€¦â€¦Respondents Judgment January 7, 2010. Lawyers Involved: Zainul Abedin, Advocate-on-Record-For the Petitioner. Not represented-the respondents. Civil Petition for Leave to Appeal No.735 of 2009. (From the Judgment and Order dated 26th January, 2009 passed by the Hig......ose of the trial Court by setÂting aside those of the Court of appeal below. 4. Learned counsel appearing for the petiÂtioner contended that the learned Judge of the High Court Division erred in law in interfering with the judgment of the High Court Division in failing to notice that the plaint..Category: Property Law | Date: | Hits: 21
Government of Bangladesh Vs. Md. Atiar Rahman Khan and others, 2010, 39 CLC (AD)
.... is condoned. Preparation of the paper book is disÂpensed with as prayed for. The petitioner is permitted to add addiÂtional ground. Ed. This Case is also Reported in: VII ADC (2010) 587....... know about the collusive decree removed the panel lawyer of the Vested Property authority, and thereupon, obtained the necessary papers and ascerÂtained that the decree was collusively obtained and accordingly instituted the suit seeking the above relief. 3. The respondent Nos.1-3 entered appea......ent of Bangladesh………………......Petitioner Vs. Md. Atiar Rahman Khan and others..............Respondents Order January 10, 2010. Lawyers Involved: Murad Reza, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record- For the Petitioner. Abul Kalam Moin......d others. The said suit was decreed on 28 February, 1987 in favour of the respondents which was obtained collusively, and the petitioner on coming to know about the collusive decree removed the panel lawyer of the Vested Property authority, and thereupon, obtained the necessary papers and ascerÂtai..Category: Limitation Law | Date: | Hits: 149
National Board of Revenue Vs. Dulal Chandra Bhoumik, 2009, 38 CLC (AD)
....vision in Writ Petition No.8835 of 2008 is stayed till disposal of the appeal. The petitioners are permitted to add additional grounds. Ed. This Case is also Reported in: VII ADC (2010) 584. ......vision in Writ Petition No.8835 of 2008 is stayed till disposal of the appeal. The petitioners are permitted to add additional grounds. Ed. This Case is also Reported in: VII ADC (2010) 584. ...... ……………………..Petitioners Vs. Dulal Chandra Bhoumik…………………............Respondent Judgment November 16, 2009. Lawyers Involved: Mrs. Nahid Yesmin, Deputy Attorney General instructed by Md. Zahirul Islam, Advocate-on-Record-For the Petitioners. Chowdhury......ndents to assess and release the goods imported by the petitioner under letter of credit No.222008010297 dated 15.07.2008 covÂered under bill of entry No.C-112780 dated 22.10.2008 in accordance with law. 3. The writ petitioner stated in the writ petition that the petitioner applied for regÂistr..Category: Fiscal/Taxation Law | Date: | Hits: 73
Gazipur Razzakia Janakallyan High School Vs. Govt. of Bangladesh, 2010, 39 CLC (AD)
.... contention of the learned counsel for the petitioner. There is no merit in this leave petition. The petition is therefore, dismissed. Ed. This Case is also Reported in: VII ADC (2010) 581. ......s the origiÂnal owner of the suit pond, who left this country during the riot in 1947 and he never returned back. Under such circumÂstances, the suit pond vested in the Government as khas lands and accordingÂly it was recorded in M.R.R. khatian No.1 in accordance with law. The plaintiff has no ri...... Lawyers Involved: A. J. Mohammad Ali, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-record-For the Petitioner. Not represented- the respondent. Civil Petition for Leave to Appeal No.1963 of 2009. (From the Judgment and order dated 5th August, 2009 of a Single Bench ......e riot in 1947 and he never returned back. Under such circumÂstances, the suit pond vested in the Government as khas lands and accordingÂly it was recorded in M.R.R. khatian No.1 in accordance with law. The plaintiff has no right, title, and interest in the suit property. The alleged deed of gift ..Category: Property Law | Date: | Hits: 26
....o prepare paper books out of Court in accordance with Rules.
The order of stay granted earlier is extended till disposal of the appeal.
Ed.
This Case is also Reported in: VII ADC (2010) 577.
......o prepare paper books out of Court in accordance with Rules.
The order of stay granted earlier is extended till disposal of the appeal.
Ed.
This Case is also Reported in: VII ADC (2010) 577.
......ndra Nath Nondi, Advocate instructed by A. K. M. Shahidul Huq, Advocate-on-Record- For Respondent Nos. 1, 3 and 7-11.
Not represented- Respondent Nos. 2, 4-6 and 12-53.
Civil Petition for Leave to Appeal No.63 of 2009.
(From the judgment and order dated the 13th day of October, 2008 passed ...... and since the Court of Appeal below having misread the evidence the High Court Division ought to have looked into the matter and non-consideration of the said aspect the High Court Division erred in law. The learned Counsel further submitted that the since the trial Court having found the plaintiff..
Category: Property Law | Date: | Hits: 58
Surujit Bose (Raju) Vs. Bangladesh and others, 2010, 39 CLC (AD)
....he above, we find no subÂstance 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) 552. ......nd of C.S. Plot Nos.94 and 95 by erecting some sheds and kuccha rooms upon case plot No.65 and letting out the same. Thereafter, the Managing Shebayet Ranendra Nath Bose went to India permanently and according to the terms of Arpannama the father of the petitioner suit Kumar Bose was appointed Manag......rd-For the Petitioners. Md. Nurul Amin, Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No.1. Not repÂresented- Respondent Nos. 2-10. Civil Petition for Leave to Appeal No. 2087 of 2007. (From the judgment and order dated the 2nd day of August, 2009 passed......ry as opined by the High Court Division is unnecessary for the purpose of considering the legality of the actions of RAJUK and therefore, the judgment of the High Court Division is not sustainable in law. 5. It appears that there is no mention of plot number either in Annxure-A or in Annexure-K. ..Category: Property Law | Date: | Hits: 23
Md. Abdur Rouf Vs. Judge of Artha Rin Adalat No.1, Dhaka, 2010, 39 CLC (AD)
.... Code of Civil Procedure has no manner of application in this case. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 548....... 1990 against the aforesaid preliminary decree dated 23.03.1989 and final decree dated 11.05.1989. The responÂdent bank entered appearance in the aforesaid first appeal and the appeal was proceeding accordingly. The learned lawyer for the petitioner failed to take necessary steps for preparation of...... Nurul Islam Bhuiya, Advocate-on-Record-For the Petitioner. Chowdhury Md. Zahangir, Advocate-on-Record-For Respondent Nos.3-12. Not represented-Respondent Nos.1-2. Civil Petition for Leave to Appeal No.299 of 2009. (From the judgment and order dated 06.01.2009 passed by the High Court ......id preliminary decree dated 23.03.1989 and final decree dated 11.05.1989. The responÂdent bank entered appearance in the aforesaid first appeal and the appeal was proceeding accordingly. The learned lawyer for the petitioner failed to take necessary steps for preparation of the paper book as per or..Category: Civil Law | Date: | Hits: 73
Md. Rustom Ullah and others Vs. Md. Zomiruddin and others, 2009, 38 CLC (AD)
.... decision and there is no illegaliÂty or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 541.......ithout jurisdiction and in the above suit they also prayed for a mandatory injunction against the conÂcerned defendants to establish permaÂnent office of the said union parishad at village Nandipur according to the earlier decision of the said union parishad and they also prayed for an order of pe...... is also Reported in: VII ADC (2010) 541....... were procured by the plaintiffs but the Order No.1 of the order sheet shows that permission was given to the plaintiffs to file the suit by the trial Court and after complying with the provisions of law and making public advertisement, the trial started and further the trial Court specifically ment..Category: Civil Law | Date: | Hits: 72
Faustina Pereira Vs. State, 2001, 30 CLC (HCD)
....rs of the remaining 822 fore prisoners and also to report within seven days as what steps have been taken by this time for the release. Ed. This Case is also Reported in: 53 DLR (2001) (HCD) 414.......contain formalities which are to be observed. Mr. M Faruque, learned Deputy Attorney General has submitted that as regards the prisoners if they are released immediately after serving out of sentence according to the above rules, in that case such prisoners may face more difficulties and may be arre......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Opposite Parties. Judgement May 22, 2001. Lawyers Involved: Nizamul Haque with Faustina Pereira Advocates- for the Petitioner. M Faruque, Assistant Attorney General with Md. Fazlul Haque Choudhury, Assistant Attorney General -for the State. Crimin......n a position to show any valid papers regarding their entry in this country. 7. We have considered the question raised above. To our knowledge there is no rule either in the Jail Code or any other law as to the release of foreign prisoners. The procedure, so long followed, is to contact with the ..Category: Constitutional Law | Date: | Hits: 123
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