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Md. Iddris Sheikh Vs. State, 2008, 37 CLC (HCD)
....ent, but on 17.07.2003, 23.07.2003 and lastly on 24.07.2003 it was dishonored due to insufficient fund. Then the witness No.1 issued a legal notice to the petitioner giving him 7(seven) days time for payment of Tk. 30,00,000/-. The petitioner replied to that notice, stating that he has lost some lea......ffect that he has taken amount of Tk. 30,00,000/- for supplying 250 metric ton wheat to M/S Harun Industries, owned by witness No.1 and being failure to supply, the petitioner, on 15.07.2003 issued a cheque for Tk. 30,00,000/- in favour of witness No.1, who presented the cheque for encashment, but o..Category: Criminal Law | Date: | Hits: 103
Elias Brothers (Md.)(Pvt.) Limited and another Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....e observation and direction the Rules are made absolute without any order as to cost. Communicate this judgment and order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 327. ......joint inspection and measurement. Thereafter, on 23-4-2003 respondent No.3 asked KEPZ to deposit Taka 52,88,487.33 within 60 days. Thereafter, on 7-05-2003 the respondent No.4 deposited the amount by cheque drawn on HSBC bearing No.754948 dated 5-5-2003. Thereafter, on 19-7-2003 the petitioner chall..Category: Civil Law | Date: | Hits: 170
.... of the Ministry of Liberation War Affairs as contained in Memo No.Mu:Bi:Ma:/Pro-1/Bivid-34/2002-371 (wrongly typed as Mu:Bi:Magistrate:/Pro-1/Bivid-34/2002-371) dated 28.10.2003 so far it relates to payment of state honorarium with other benefits for 5% disabled freedom fighters including the petit...... grant the relief sought for in this writ petition. Accordingly, theRule is discharged with the above observations.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:Â
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Category: Civil Law | Date: | Hits: 104
Nayeem Mehtab Chowdhury Vs. State, 2010, 39 CLC (HCD)
.... to who has withdrawn the money from the loan account, the cheque signing authority, the letter or deed of guarantee and other documents executed or signed acknowledging the loan and also to secure repayment of the loan. Besides, the IO could have seized Form-XII and the charge documents etc from th......ave seized from the concerned bank all relevant documents, namely the loan applicaÂtion, company's resolution to take loan, the sanction letter or loan agreement, the statement of the loan accounts, cheques showing as to who has withdrawn the money from the loan account, the cheque signing authorit..Category: Criminal Law | Date: | Hits: 124
.... relief under Article 102 shall approach it with undisputed right either legal or Constitutional. It also appeared that the dispute was taken to Settlement Court which found the petitioner liable for payment of money. Where in a case the petitioner himself denies the allegations that he is a default...... discussion, we do not find any substance in this petition. And it is, accordingly, rejected in limine without any order as to costs.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 594.
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Category: Civil Law | Date: | Hits: 119
Bashir Ullah Master Vs. Bangladesh and others, 2008, 37 CLC (HCD)
...., on the prayer of the bank, the Adalat by the order dated 13-11-2005 issued warrant of arrest pursuant to the provisions of section 34(1) of the Ain 2003 to compel the judgment debtor petitioner for payment of decretal amount. We failed to discover any illegality in the impugned order. Moreover, we......btor petitioner. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 760. ..Category: Civil Law | Date: | Hits: 93
Md. Wahed Ali Vs. Ms. Moslema Khatun, 2008, 37 CLC (HCD)
....he Family Court, under the provisions laid down in section 6 of The Family Court Ordinance, 1985. Section 10 of The Muslim Family Laws Ordinance, 1961 provides that where no details about the mode of payment of dower are specified in nikahnama or the marriage contract, the entire amount of the dower...... 22. Office is directed to send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 427. ..Category: Family Law | Date: | Hits: 180
National Bank Ltd. Vs. Provashi International Ltd. and others, 2010, 39 CLC (HCD)
....t on 14-7-1987. After arrival of the goods at Chittagong Port and upon receipt of the shipping documents, the plaintiff /appellant Bank notified the defendant respondent to release the documents upon payment of the remainÂing L/C amount. The defendant respondent thereÂafter instead of releasing th......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. Mosarraf Hossain Mondol Vs. Md. Elias Hossain Mollick and others, 2007, 36 CLC (HCD)
....tainable in the present form; that the suit is barred by waiver, estoppel and acquiescence. It's case was that the then Pakistan Government initiated the Certificate Case No.68370/60-61 due to non payment of rent by the original recorded tenant Sree Pulin Behari; that the defendant No.1 participa......anted earlier by this Court stands vacated. 29. Send down the lower Court's record at once with a copy of Judgment for information. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 107. ..Category: Procedural Law | Date: | Hits: 114
Azam Ali and another Vs. Akram Ali and others, 2010, 39 CLC (HCD)
....ant No.2, Danesh Ali. Defendant No.2 Danesh Ali, owner of the suit land appointed his son Akram Ali, the defendant No.1 as his Attorney. On 5.8.2001 the defendant No.1 went to the Tahashil Office for payment government rents wherefrom he came to know that the plaintiffs by practicing fraud obtained ......of status quo granted at the time of issuance of the Rule is hereby re-called and vacated. 20. Send down the lower Courts records. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 273. ..Category: Procedural Law | Date: | Hits: 99
....counts maintained with the Bank of Small Industry and Commerce Bangladesh Limited, Main Branch at Dhaka. On consideration of said transfers, said respondent was of the view that the petitioner evaded payment and/or adjustment of VAT to the extent of Taka 14, 25, 89,149.
11. By the notice, said re......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.
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Category: Fiscal/Taxation Law | Date: | Hits: 131
BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)
....us than what was there since such imposition of condition or restriction is not a matter of procedure....................(21) The discretion of the National Board of Revenue to modify or waive the payment of the tax cannot be claimed as a matter of right. Nor such discretion could be thought to b......able service, when is considered at the background of the national pay scale under which the Head of the Republic and Government received what salary and benefits of course tax-free from the public exchequer for performing the public duties during the period. 8. The moot issue that is facing us i..Category: Fiscal/Taxation Law | Date: | Hits: 171
....he Courts below stand maintained.
Send down the lower Court's record and a copy of the judgment and order to the Court concerned.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 405.
......he Courts below stand maintained.
Send down the lower Court's record and a copy of the judgment and order to the Court concerned.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 405.
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Category: Employment/Service Law | Date: | Hits: 166
Mrs. Rokeya Begum Vs. Chartered Credit CoÂoperative Ltd., 2009, 38 CLC (HCD)
....nts 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......¦.(23) Purpose of enactment of the Negotiable Instruments Act, 1881 Negotiable Instruments Act was specially enacted to deal with the cases relating to promissory Notes, Bills of exÂchange and cheques. It is a special type of law. It has supremacy over general laws. It is enacted specially fo..Category: Criminal Law | Date: | Hits: 70
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2. Licence/permission for construction of use of jetty as a semi pucca structure on the river Shitalakkhya was given by BIWTA by a memo dated 22.9.1998 to M/S. Scancem Bangladesh Ltd. subject to payment of necessary fees. After that, three companies, namely, (1) Scan Cement Bangladesh (2) Scanc...... 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.
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Category: Environmental Law | Date: | Hits: 731
Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)
....earned Judge found that "none of the P.W.s corroborated or said anything to this effect. Therefore, plaintiff could not prove his possession since 1948 by virtue of alleged oral contract for sale and payment of alleged consideration money. Learned Judge also found that plaintiff did not specify the ......No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ..Category: Property Law | Date: | Hits: 83
.... undertook to carry out the works as PSI agencies for a period of three years. The petitioners under the arrangement with the Government have been satisfactorily carrying on their works and receiving payment thereof without any withholding or deduction of any money on account of VAT. It was agreed u......pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 691.
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Category: Fiscal/Taxation Law | Date: | Hits: 119
....(1994) 14 BLD (AD) 235 it has been laid down:
"In the absence of any material to show, that the leassees are in possession of the disputed property upon renewal of their lease by the Government on payment of rent, such leassees cannot be held to be necessary parties in a suit in which the leassor......ition as opposite parties is allowed. Petitioners are added as Eighth Fifteenth opposite parties in Civil Revision case.
No cost.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 393.
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Category: Property Law | Date: | Hits: 82
Zafar Ahmed Vs. Mir Iftekharuddin & another, 2009, 38 CLC (HCD)
....al of the Rule are that the opposite party No. 1, Mir Iftekharuddin, being the complainant, Initiated the aforesaid case on 14-9-2006 alleging that the two cheques dated 30-7-2006 and 12-8- 2006, for payment of Taka 5, 00,000 and 10, 00,000 Respectively, were issued in favor of the complainant- oppo......levant facts for necessary purpose of disposal of the Rule are that the opposite party No. 1, Mir Iftekharuddin, being the complainant, Initiated the aforesaid case on 14-9-2006 alleging that the two cheques dated 30-7-2006 and 12-8- 2006, for payment of Taka 5, 00,000 and 10, 00,000 Respectively, w..Category: Procedural Law | Date: | Hits: 128
....the impugned order dated 18-3-2007 was passed in an arbitrary manner with mala fide motive, inasmuch as an order of retirement cannot be given retrospective effect without providing for LPR, lump sum payment of 12 months' salary and also preventing him from getting pension benefits. His next point i......writ petition is not maintainable.
In view of the discussions as made above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 728.
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Category: Administrative Law | Date: | Hits: 494
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