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STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)

..... Skodaexport Cop. Ltd. 2000 AIR (Del) 171; Venture Global Engineering, Vs. Satyam Computer Services Ltd., (2008) 4 SCC 190; HRC Shipping Limited Vs. MVX-Press Manaslu 12 MLR 265 = 58 DLR 185; Pubali Bank Vs. the Chairman, First Labour Court, Dhaka and another; 12 BLD (AD) 72 = 44 DLR (AD) 40; Ortho....... Accordingly, the application under sec­tion 7Ka of the Arbitration Act of 2001 is dismissed. Interim order, if any, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ..

Category: Alternative Dispute Resolution | Date: | Hits: 506

National Bank Ltd. Vs. Provashi International Ltd. and others, 2010, 39 CLC (HCD)

.... This Case is also Reported in: 64 DLR (HCD) (2012) 229. ......der as to costs. The Judgment and decree passed by the trial Court is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 229. ..

Category: Civil Law | Date: | Hits: 106

Md. Shahidul Islam Vs. Most. Anwara Begum, 2007, 36 CLC (HCD)

....oney at Tk. 2,00,001/- and the plaintiff started leading her conjugal life in the house of the defendant. Thereafter, the defendant received Tk. 2,20,000/- from the plaintiff with a view to repay the Bank loan. Thereafter, the defen­dant claimed dowery of Tk. 2,00,001/- from the plaintiff and with ......aside and the Family Suit No.75 of 2004 is dismissed. 19. Send down the L.C. Records at once. Md. Abdul Wahhab Miah J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 114. ..

Category: Family Law | Date: | Hits: 140

State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)

....sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ......sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ..

Category: Criminal Law | Date: | Hits: 89

Md. Joinaul Abedin Mintu Vs. Joint District Judge, 3rd Court Tangail and others, 2010, 39 CLC (HCD)

....ion) should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The relevant facts for disposal of this Rule, in short, are that the decree-holder Janata Bank instituted Mortagage suit No.9 of 2002 which was subsequently renumbered as Artha Rin Suit No.1......holder bank prays so. In the absence of filing of application for execution of the decree, the order of the court for issuing certificate of transfer the mortgaged property for realizing the decretal dues will be patently unlawful………….(7) Lawyers Involved: Rafiqul Islam Mehedi, Advoca..

Category: Civil Law | Date: | Hits: 174

United Mineral Water and PET Industries Ltd. Vs. Commissioner, Customs, Excise and VAT Commissionerate and others, 2007, 36 CLC (HCD)

....12 during the period from January, 2003 to December, 2004 as per VAT accounts. But the petitioner received Taka 144, 31, 55,331 during the period on the basis of two bank accounts maintained with the Bank of Small Industry and Commerce Bangladesh Limited, Main Branch at Dhaka. On consideration of sa......05 (Annexure-C) is hereby declared to have been issued without lawful authority and, as such, of no legal effect. Communicate at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 734. ..

Category: Fiscal/Taxation Law | Date: | Hits: 131

Engineer Mahmudul Islam and others Vs. Government of the People's Republic of Bangladesh and others, 2002, 31 CLC (HCD)

....nes suggested for Private Sector Participation in Ports, 1997 (evidenced by Annexure F to the writ petition) and without collecting the information as recommended in the report submitted to the World Bank in respect of the Port Privatisation and Development Project for Container Terminals at Patenga......a copy of this judgment and order be sent to the Hon'ble Prime Minister for perusal and necessary action as per our observations made above. Ed. This Case is also Reported in:55 DLR (2003) 171. ..

Category: Others | Date: | Hits: 113

BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)

....gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ......gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ..

Category: Fiscal/Taxation Law | Date: | Hits: 171

Md. Abul Basher Vs. The Judge, First Artha Rin Adalat, Chittagong and others, 2008, 37 CLC (HCD)

....cial law which is enacted by the National Parliament with an aim to realise the unpaid loan by special method which would take lesser time than the normal process of realisation of loan and hence the Bank or Financial Institution will be more cautious and careful for early disposal of the Execution ...... 8. Mr. Kamalul Alam further on referring the preamble of the Ain, 2003 submits that this Ain, 2003 is a special law which has been promulgated by the Parliament for realization of the outstanding dues of financial institution within a quickest possible time and section 37(1) of the Ain, provides..

Category: Civil Law | Date: | Hits: 136

Mrs. Rokeya Begum Vs. Chartered Credit Co­operative Ltd., 2009, 38 CLC (HCD)

....with a condition to pay the said loan within 90 days but failed to pay in time although same amount was paid; that the accused paid part of money by cheque dated 15.02.2006 from Saving account Rupali Bank No.902209 of amount of Taka 54,83,300 and that the complainant deposited the cheque at charged ......gistered post with AD; that it is presumed as per the provision of law that the said notice has been duly served upon the accused petitioner but the accused petitioner did not turn up to clear up the dues after getting notice as-per the provision of law. 19. The only contention of the accused pet..

Category: Criminal Law | Date: | Hits: 70

Human Rights and Peace for Bangladesh and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

.... in the meantime, if so advised. The applications for addition of party filed by the different applicants be kept with the record. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 257. ...... in the meantime, if so advised. The applications for addition of party filed by the different applicants be kept with the record. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 257. ..

Category: Environmental Law | Date: | Hits: 731

Sobhan Munshi Vs. State and another, 2010, 39 CLC (HCD)

.... with this case shall be deducted from the period of his sentence as per provisions of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 37. ...... with this case shall be deducted from the period of his sentence as per provisions of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 37. ..

Category: Criminal Law | Date: | Hits: 81

Intertek Testing Services International Limited and others Vs. National Board of Revenue, Dhaka & others, 2003, 32 CLC (HCD)

....Board of Revenue, Dhaka & others..............................................Respondents Judgment May 25, 2003. Result: The Rules are made absolute. Cases Referred to- Oriental Bank Corporation Vs. Henry B Wright, Appeal Cases Vol. V Privy Council 842; Megh Raj Vs. Rupchand Ut...... matter of VAT imposition was being re‑examined by the National Board of Revenue and that in the meantime pending bills of the PSI Agencies should be paid on condition that they would clear all VAT dues in accordance with law when the matter would be resolved. In order to release the pending bills..

Category: Fiscal/Taxation Law | Date: | Hits: 119

Zafar Ahmed Vs. Mir Iftekharuddin & another, 2009, 38 CLC (HCD)

....site party No. 1 as partial payment of consideration money for sale of the SA Apparel, a Garment Factory. The complainant opposite party No. 1, on receipt of cheques, presented the same to the Krishi Bank, Agrabad branch, Chittagong for encashment, but these were bounced on 30-7-2006 and 17-8-2006 f......al Judge is directed to proceed with the case expeditiously. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 732. ..

Category: Procedural Law | Date: | Hits: 128

Bangladesh Water Development Board Vs. MR. Sikder, 2003, 32 CLC (HCD)

....ng protection works" by the Chief Engineer, South Eastern Zone, Bangladesh Water Development Board (BWDB), Saktala, Comilla. This project was being executed with the financial assistance of the World Bank (IDB) for flood damage restoration purposes. The estimated cost of the project was Taka 12,39,8......arding the progress of the work in the face of the changed circumstances but the latter did not respond and ultimately, terminated the contract illegally without making arrangement for payment of the dues of the plaintiff and for the heavy losses and damages suffered by it for no fault of its own. T..

Category: Alternative Dispute Resolution | Date: | Hits: 543

Sadiul Alam Vs. State, 2012, 41 CLC (HCD)

.... as to this Court may seem fit and proper. 2. Facts relevant to disposal of this Rule may be, briefly, stated as follows: On 24-5-2004, one Md. Shamsul Alam, 1st Vice President and Manager of City Bank Limited's Pusta Branch, 35 Shaesta Khan Road, Lalbagh, Dhaka-1211 as informant lodged a First I......s hereby quashed. Let the lower Court's record along with a copy of this Judgment be sent down to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 146. ..

Category: Criminal Law | Date: | Hits: 92

Elite Lamps Ltd. Vs. Secretary, Ministry of Industries and others, 2007, 36 CLC (HCD)

....etitioner company which is classified as a "Small Industry" was established during 1986-87 under IDA Credit No. BD-1065 with equity investment by the sponsor and a loan of Taka 29, 00,000 from Sonali Bank, Dhaka (briefly, the Bank). The Government of Bangladesh made promises to the public in its fir......try and sustained heavy loss. Meanwhile, the Bank as plaintiff instituted Artha Rin Case No. 30 of 1991 before the Artha Rin Adalat No. 1. Dhaka (in short, the Adalat) for recovery of its outstanding dues of Taka 75, 56,661.28 against the petitioner. The petitioner filed written statement to contest..

Category: Constitutional Law | Date: | Hits: 334

Mustaq Ahmed Vs. State, 2010, 39 CLC (HCD)

....y Officer at 7.30 PM on the very same day and he also handed over the dagger to the police at the same time. 4. On 4th of January, 2003 at about 9-00 AM, the informant delivered a letter to Sonali Bank, Haluaghat Branch, Mymensingh (hereinafter referred to as the Bank) asking the Manager to stop ......erence thereof in her Service Book. The office is directed to communicate the Order and send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 301. ..

Category: Criminal Law | Date: | Hits: 62

Abdul Wadud Miah Vs. Bangladesh, repre­sented by the Secretary Ministry of Jute & others, 2008, 37 CLC (HCD)

....Nos. of shares have been agreed to be sold to the writ petitioner. The said fact of proposed sale and transfer of the shares have been duly informed to all stake holders especially to the loan giving Bank, Uttara Bank and the Government in the Ministry of Jute. Pursuant to the said agreement, Annexu......er before issuing the impugned Annexure-F, cancelling the 'No Objection' and to consider the same on its merit whether the writ petitioner was at all liable to be blamed for non payment of Government dues and whether the writ petitioner should be asked to pay those dues before his legal right and in..

Category: Administrative Law | Date: | Hits: 299

Allama Delawar Hossain Sayedee Vs. Bangladesh, and others, 2009, 38 CLC (HCD)

....n Article 36 of the Bangladesh Constitution and as such the same is enforceable by the Courts of the country……………………………(11) Cases Referred to- Abul A Ala Mouddi Vs. State Bank of Pakistan, 22 DLR (WP) 20 (1970) page 57; 2 BLC (AD) (1997) page 157; 44 DLR (1992) page 398;......d the respondents are hereby directed to allow the Petitioner to leave and re-enter Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 188. ..

Category: Constitutional Law | Date: | Hits: 147