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Commissioner of Customs and others Vs. M/S. Sunlit Fashion Limited, 2010, 39 CLC (AD)
.... order dated 2.11,2002 passed by the High Court Division is set aside. The appeal is allowed without any order as to cost. This Case is also Reported in: 16 MLR (AD) (2011) 54, VIII ADC (2011) 29. ......f US$ 96,500.00. The respondent by letter dated 20.7.2000 agreed to sell the goods at the above discounted price and requested Forbes to send the sale proceeds immediately. Subsequently the aforesaid payment was made to NCCBL, the bank of the respondent, and against the above payment NCCBL issued Cr...... order dated 2.11,2002 passed by the High Court Division is set aside. The appeal is allowed without any order as to cost. This Case is also Reported in: 16 MLR (AD) (2011) 54, VIII ADC (2011) 29. ..Category: Fiscal/Taxation Law | Date: 19 May, 2010 | Hits: 63
Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD)
....forceable when it is a concluded contract, it contains a clear mutual understanding and a positive asset on both sides as to the terms of the contract, it is sufficiently definite and certain, the parties have the capacity to the contract, it is upon a valuable consideration and is not be illega......0,00,000 (Taka ten lakh) vide Cheque No.155882 dated 21-11-1996 on Rupali Bank, Gulshan Branch from Mr. KM Zakir Hossain of NW(B) 31 Road No.63 Gulshan, Dhaka-1212 as advance and first installment of payment against sale of my property at Shilmondi on Dhaka-Sylhet Road 20(Twenty) bighas of agricultu......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 . ..Category: Property Law | Date: 12 May, 2010 | Hits: 133
Aftab Automobiles Ltd Vs. Superintendent Customs, Excise & VA, 2010, 39 CLC (HCD)
....ellip;…………. Local and Revenue Audit: Revenue collecting agencies and other government departments. ...... company incorporated in Bangladesh under the Companies Act. The petitioner is registered with Vat authority and is engaged in trading of manufactured batteries procured from local manufacturers upon payment of VAT against 10% value addition at trading stage. Respondent No.1 by letter under Nothi No...... 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. ..Category: Fiscal/Taxation Law | Date: 10 May, 2010 | Hits: 6
Sarwar Hossain Moni Vs. State and another, 2010, 39 CLC (HCD)
....Rule at the instance of the accused-petitioner Md. Sarwar Hossain Moni was issued on 16-3-2010 upon an application filed under section 561A of the Code of Criminal Procedure calling upon the opposite party No.2 and Deputy Commissioner, Dhaka to show cause as to why the proceeding of Metropolitan Ses...... it was bounced with the remarks “Insufficient of funds” on 15-6-2008. Then the complainant served a legal notice on 22-6-2008 under section 138 of the Negotiable Instrument Act, 1881 demanding payment of Taka 50,00,000 (fifty lakh) only but the accused-petitioner inspite of receipt of the not......nant opposite party No.2 on account of business transaction and that the accused-petitioner issued cheque of the said amount in favour of the complainant opposite party No.2 towards adjustment of the loan amount and the cheque in question was presented in the Bank within the period of its validity a..Category: Banking Law | Date: 6 May, 2010 | Hits: 573
Abu Borhan Khan Khokon Vs. The State & another, 2010, 39 CLC (HCD)
.... Present: Siddiqur Rahman Miah J Krishna Debnath J Abu Borhan Khan Khokon……………………Petitioner Vs. The State & another………………………Opposite parties Judgment April 25, 2010. Result: The Rule is discharged. Case Refer...... 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 bank un...... 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
M/S. Golden Match Works Limited Vs. Customs, Excise and VAT Appellate Tribunal, 2010, 39 CLC (HCD)
....of section 42(4) of the Act since from 14.10.2004 the appeal could not be disposed of by Tribunal within 12 months. This submission is misconceived and not in keeping with the provisions of the Act particularly in respect of the interpretation of the relevant provisions governing the issue. ......VAT, claiming Tk.4,86,721.00 and imposing a penalty of Tk. 10,00,000.00 upon the petitioner-company under section 37(2) of the VAT Act, 1991 (herein after referred to as Act) for allegedly evading payment of VAT, should not be declared to have been passed without lawful authority and is of no le......the Tribunal. 16. We do not find any merit in the Rule which is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 249. ..Category: Fiscal/Taxation Law | Date: 25 Mar, 2010 | Hits: 8
....7 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 the Customs Authority of impo......vernment on 12.07.2007 as envisaged in Section 30(b) of the Act, the respondent No.3 by its orders dated 19.07.2007 ("impugned orders") written on the face of the said ex-Bond Bills of Entry demanded payment of 5% customs duty though the respondents have however assessed and released the petitioner'......4.07.2007. The respondents are hereby directed to release the Bank Guarantees in accordance with law if submitted by the petitioner.
Ed.
This Case is also Reported in: 17 MLR (HCD) (2012) 437.
..
Category: Fiscal/Taxation Law | Date: 25 Mar, 2010 | Hits: 134
Sayeda Nasima Sarwar Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
.... G.R. No.881 of 2007 (Sadar) and no charge sheet has been submitted as yet. 5. Mr. A.M. Mahbub Uddin, learned advocate appearing on behalf of the petitioner submits that the petitioner played no part in the offence committed by her husband, the principal accused. Referring to the decision in Ci...... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 350. ...... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 350. ..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 103
Md. Tofazzel Hossain and others Vs. People's Republic of Bangladesh, 2010, 39 CLC (HCD)
....IB report published by the Bangladesh Bank on the basis of the information supplied by the Respondents National Bank Limited, is found to be an act of negligence and non-application of mind on the part of Bangladesh Bank, inasmuch as the Bangladesh Bank has treated the writ petitioners as 'defau......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. ......ank Ltd. Elephant Road Branch, Dhaka is the financer of the company. The petitioners in course of their business-opened letter of credits for importing various goods of ready made Garments through loans and continuing their business regularly without any default for a long time. 4. It is f..Category: Civil Law | Date: 16 Mar, 2010 | Hits: 7
Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)
....reluctant to allow an amendment which would have the effect of totally altering the nature of the suit or of taking away a valuable right accrued by lapse of time, but where in the circumstances of a particular case it would be plainly inequitable to refuse such a relief this Court will not hesitate......aintiff, the receipt of which was plaintiff acknowledges and admits. Balance consideration money at Taka 90,00,000 shall be paid by the defendant on or before 14-9-93 to the plaintiff and for the due payment of the said balance, delivers to the plaintiff a Bank guarantee issued by ANZ Grindlays Bank......the plaintiff was good enough to return the original Bank Guarantee dated 19-11-93 to the defendants. The US Dollars 2,00,000 draft was issued from ANZ Grindlays bank to the plaintiff on the basis of loan from Mr. Abdul Matin Chowdhury of London who happens to be the brother-in-law of the principal ..Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13
Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
....r than one of the two surviving off-springs of the Founding Father of the Nation, a former Prime Minister of the Republic and, of course the Primordial figure of the Republic’s oldest political party, was not before the learned Court below at the time of the charge hearing because of her ailme......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: ......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: ..Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228
Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....te Mills Corporations and others, 55 DLR (AD) 23; R Vs. Lowle 1759; Groenvelt Vs. Burwell, 1700 1 Ld. Raym 454; R Vs. Herefordshire Magistrate Court ex p Rowlands, 1998 QB 110; R Vs. Wandsworth JJ ex parte Read, 1942 1KB 281; Leech Vs. Deputy Governor of Parkhurst Prison, 1988 AC 533; R Vs. Reading ......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: ......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: ..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102
Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....ule is made absolute. Case Referred to- R Vs. Lowle 1759; Groenvelt Vs. burwell, 1700 1 Ld. Raym 454; R Vs. Herefordshire Magistrate Court ex p Rowlands, 1998 QB 110; R Vs. Wandsworth JJ ex parte Read, 1942 1 KB 281; Leech Vs. Deputy Governor of Parkhurst Prison, 1988 AC 533; R Vs. Reading......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: ......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: ..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131
State Vs. Secretary, Ministry of Home Affairs, 2010, 39 CLC (HCD)
.... Magistrate, G.R. Court No.1, Kishoregonj. 8. In the affidavit in opposition the Secretary, Ministry of Home Affairs confirms that the three children were arrested on 22.01.2010 by on-duty police party comprising one Habilder and three Constables of GRP, and two Ansar personnel. The children had......rection that a copy be kept in the dossier of the two learned Magistrates concerned. Md. Abu Tariq J. - I agree. This Case is also Reported in: 16 MLR (AD) (2011) 254; 30 BLD (HCD) (2010) 265. ......rection that a copy be kept in the dossier of the two learned Magistrates concerned. Md. Abu Tariq J. - I agree. This Case is also Reported in: 16 MLR (AD) (2011) 254; 30 BLD (HCD) (2010) 265. ..Category: Women and Children | Date: 1 Mar, 2010 | Hits: 177
Dr. Md. Nazimuddin and others Vs. Md. Abdur Rahman Siddique and others, 2010, 39 CLC (HCD)
....egislation 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. A remedial act is not necessarily becomes retrospective unless it has been given retrospec......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. ......s Act, 1897 (Act No. X of 1897); section 5 Whether the Bankruptcy Act, 1997 is a retrospective legislation? The purpose of promulgation of the Bankruptcy Act was only for easy disposal of loan cases between financial institution granting loan and the loanee. After promulgation of Bankru..Category: Civil Law | Date: 25 Feb, 2010 | Hits: 7
Nuvista Pharma Limited Vs. Chairman, National Board of Revenue & ors, 2010, 39 CLC (AD)
....g arrear of VAT liability of Taka 2,75,42,815.02 based on CRAD Audit Objection for the years 2001-2006. The petitioner company in order to get registration of their change of ownership and other particulars of the company applied to the respondent authority. Having complied with the provisio...... the judgment and order dated 27-10-2010 passed by a Division Bench of the High Court Division in Writ Petition No.4968 of 2007 discharging the Rule with a direction to the petitioner to make full payment of the claimed amount within two weeks from the date of receipt of the judgment and order f......der. In the premises we do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 302. ..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)
....s examined 6 witnesses and exhibited documentary evidence, as Exhibits. Ka-Da. 5. The learned Additional District Judge, on consideration of the evidence on record, observed that though both the parties claimed that Aboni Chandra Ghosh and others by a deed of endowment dated 1st September, 1947......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. ......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
Government of Bangladesh Vs. Syed Md. Belayet Hossain, 2009, 38 CLC (HCD)
....judgment and order dated 11.08.2009 of the High Court Division passed in Writ Petition No. 9788 of 2007 making the Rule absolute. 2. The respondent filed the above writ petition seeking payment of part of his salary under Monthly Payment Order (MPO) Scheme stating, inter alia, that he initially j......out of the judgment and order dated 11.08.2009 of the High Court Division passed in Writ Petition No. 9788 of 2007 making the Rule absolute. 2. The respondent filed the above writ petition seeking payment of part of his salary under Monthly Payment Order (MPO) Scheme stating, inter alia, that he ......ng and accordingly the above judgment and order of the High Court Division does not call for any interference. The petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 512. ..Category: Employment/Service Law | Date: 10 Dec, 2009 | Hits: 159
Md. Saiful Islam and others Vs. State and another, 2009, 38 CLC (HCD)
....t: ATM Fazle Kabir J Soumendra Sarker J Md. Saiful Islam and others………………………Petitioners Vs. The State and another……………………….....Opposite party Judgment December 8, 2009. Result: The Rule is made absolute. ...... Parvin was given in marriage with the accused Saiful Islam. After the said marriage accused-petitioner demanded Tk.50,000/- as dowry for getting a job in police department and the complainant made payment of Tk.50,000/- in cash to the accused No.1, subsequently he again demanded Tk.1,50,000/- as...... 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. ..Category: Women and Children | Date: 8 Dec, 2009 | Hits: 14
Rezaul Kabir (Md.) and another Vs. Bangladesh and others, 2009, 38 CLC (HCD)
.... before any order is passed which is likely to adversely affect a person it is essential that he be given a reasonable opportunity to be heard prior passing such order. The principles of audi alteram partem is the basic concept of the Principles of Natural Justice. Further a prior show cause notice ......tition No. 9168 of 2007 joined Barisal City Corporation on 30-5-2004 as Assistant Accounts Officer without any pay of probationary basis. Subsequently, on 11-9-2005 he was taken on the Master Roll on payment of Taka 170 only. Subsequently on 6-2-2006 he was appointed on temporary basis on National P......ave been passed without any lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 19 ..Category: Administrative Law, Employment/Service Law | Date: 22 Nov, 2009 | Hits: 3
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