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ABSCO Limited Vs. Artha Rin Adalat No.2, Dhaka & another, 2013, 42 CLC (HCD)
....etitioners availed of a lease facility as mentioned above from the respondent No.2 and enjoyed the same but failed to pay the installments as per terms and conditions of the sanction letters and agreement in spite of repeated requests and reminders of the respondent No. 2. The petitioners ......t Ain (VIII of 2003); Sections 10(1) and 19(2) Section 10 of the Ain, 2003 does not provide any provisions for filing applications against the ex-parte judgments and decree of the Adalat similar to the provisions contained in section 19(2) of the Ain. While the appeal provisions of section 41 c......charged without any orders as to costs.' Communicate the judgment to the court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 9. ..Category: Corporate Law, Others | Date: 15 May, 2013 | Hits: 8
Sheikh Shahadat Hossain (Md.) Vs. National Board of Revenue, and others, 2013, 42 CLC (HCD)
.... CRF value as certified by the concerned PSI Agent. On the other hand, it appears from the decision of the Review Committee that the representative of the concerned PSI agent has placed the sale agreement, price justification letter obtained from the exporter/supplier. However, there is nothing......lip;………………Appellant Vs. National Board of Revenue and others................Respondents Judgment April 25, 2013. Result: The Customs Appeal is allowed. Cases Referred to- Mohammed Zulfiqar Vs. Abul Kalam, 42 DLR (AD) 8......e statutes for reaching conclusion as to the proper interpretation of the same. As for example, where Section 27 of the Drugs and Cosmetics Act, 1940 provides 'whoever manufactures for sale, sells, stocks or exhibits for sale or distributes' a drug without a license is liable for punish..Category: Fiscal/Taxation Law | Date: 25 Apr, 2013 | Hits: 2
....in a nutshell are that the opposite-party No. 2 offered to sell her only property through her attorney and the petitioner accepted the offer of sale at a consideration of Taka 1,13,10,000 and an agreement for sale was executed in between the petitioner and the opposite-party No. 2 through her a......o. 28 of 2011 initiated in connection with the self same execution case under Order XXI, rule 58 of the Code of Civil Procedure, at the instance of the 3rd party.
3. Facts giving rise to this rule in a nutshell are that the opposite-party No. 2 offered to sell her only property throu......case under Order XXI, rule 58 of the Code of Civil Procedure, at the instance of the 3rd party.
3. Facts giving rise to this rule in a nutshell are that the opposite-party No. 2 offered to sell her only property through her attorney and the petitioner accepted the offer of sale at a ..
Category: Civil Law, Procedural Law | Date: 18 Apr, 2013 | Hits: 2
Dr. AH Ali Haider Qureshi Vs. Dr. Ali Asker Qureshi, 2013, 42 CLC (HCD)
....acts leading to the issuance to the leave in a nutshell; can be stated thus, the plaintiff-petitioner filed the original Title suit alleging that the plaintiff as a landlord on the basis of a written agreement dated 14th June, 1993 entered into a settlement with the Defendant-opposite-party which a ......rty-Petitioner Vs. Dr. Ali Asker Qureshi..................Defendant-Petitioner-Opposite Party Judgment March 6, 2013 Result: The order is discharged. Cases Referred to- 1986 BLD (AD) 224; 47 DLR 556; 1 BLC (AD) 156. Lawyers Involved: Abdul Quayum, Ad...... of issuance of the order of leave stands vacated. 19. However, there will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 197 ..Category: Property Law | Date: 6 Mar, 2013 | Hits: 3
Md. Mostafa Vs. Nrayangonj District Council and others, 2013, 42 CLC (AD)
.... land again from the defendants No.4 and 5 by two registered kabala deeds dated 06.06.1983 and 21.06.1983. The defendant No.3 entered into a portion of the suit premises on 01.07.1978 by executing an agreement and thereafter he refused to pay rent whereupon the plaintiff instituted SCC Suit No.28 of......t: The petition is dismissed. Lawyers Involved: Muhammad Nawab Ali, Advocate-on-Record-For the Petitioner Sufia Khatun, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.1030 of 2009 (From the judgment and order dated 13th January, 2009 passed by t...... the owner and possessor of the said land and accordingly it was recorded in C.S. Khatian No.48 in his name; that said Harun Bepari published a public notice in the daily Ittefaq dated 07.01.1978 for selling the said land. Thereafter, the plaintiff purchased the said land by sub-kabala deed dated 23..Category: Civil Law | Date: 1 Mar, 2013 | Hits: 115
Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)
....llion, but the work order was issued for an unproven design Frigate, in favour of the 4th lowest bidder Daewoo Corporation of South Korea at U.S.$ 99.97 Million, equivalent to Tk. 447.00 crore and an agreement was signed on 11.03.1998. Daewoo Corporation was not a pre-qualified bidder because its bi......llip;………………………………………..Opposite party Judgment February 14, 2013. Cases Referred to- Abdul Quader Chowdhury Vs. The State, 28 DLR (AD) (1976) 38; Ali Akkas Vs. Enayet Hossain a......are hereby vacated. Send down the lower court’s record with a copy of the judgment and order at once. Siddiqur Rahman Miah J. - I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82
Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)
....ave from this, Division from a judgment of the High Court Division which has affirmed that of the trial Court. 2. Respondent No.1 instituted the suit claiming that he entered into an agreement for sale of the suit property oh 2nd May, 2002 at a consideration of Taka 65,00,000 (sixty...... Harunur Rashid and others......................Respondents Judgment February 20, 2013. Result: The appeal is dismissed with modification of the judgment. Cases Referred to- Oxford Vs. Provand, LR 2 PC 135; F Edridge Vs. RD Sethna, 60 IA 368; Jamshed Khodaram Irani......f six months on payment of the balance consideration after adjustment of advance and HBFC loan, the agreement shall stand cancelled and the advance money forfeited, and the defendant would be able to sell the property to a third party. 7. On a plain reading of this deed, there is no gain saying..Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42
Shafiqul Alam (Md.) Vs. State, 2013, 42 CLC (HCD)
....Md. Alam Khan, and the informant also collected certified copy of the said registered bainanama dated 9-8-2007. It is alleged in the FIR that the accused-petitioner not only also entered into an agreement for purchase of the disputed property from the accused No.1 but also did not take any step......p;………………………….Opposite-party Judgment January 10, 2013. Result: The Rule is made absolute. Cases Referred to- Khizir Haider Vs. State, 73 MLR (AD) 157;13 MLR (AD) 157; Abdul Hague Vs. State, 60 DLR (AD......inst another accused in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 83 ..Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4
Bayer Crop Science LimitedVs. The Commissioner of Taxes, 2013, 42 CLC (HCD)
.... The connected Rule being No.30 (Ref:) /2011 is disposed of accordingly. However, there shall be no order as to cost. FRM Nazmul Ahasan J. -I agree. Ed. This Case is also Reported in: ......ferences succeeds. The connected Rule being No.30 (Ref:) /2011 is disposed of. When two appeals are filed against the same judgment the ends of justice requires that both the appeals are heard together in order to avoid conflicting decision. The Taxes Appellate Tribunal not even a quasi judic......y the assessee discarded the account of the assessee. 4. It has been asserted in the Income Tax Reference Applications that the Assesse-applicant is a private limited company engaged in import and sell of various pesticides/insecticides in the market of Bangladesh. The Assesse-applicant does not ..Category: Fiscal/Taxation Law | Date: 3 Jan, 2013 | Hits: 85
Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)
....le 108 of the Constitution. In this view of the matter the petition filed by the respondents under Article 108 of the Constitution is not liable to be thrown away." 33. We are in respectful agreement with the decision of 9 MLR (AD) 253 and hold that contempt proceeding may he initiate......Encadrement of the Non-Cadre Family Planning Office's— Encadrement of the non-cadre family planning office's appointed after 1985 in the cadre service but if the government decides to cadre them in the cadre, their seniority is to be fixed by following BCS Seniority Rules, 1983. ...... With the above observations and directions this Rule is disposed of. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 485. ..Category: Constitutional Law, Contempt of Court Law | Date: 5 Dec, 2012 | Hits: 4
Sadek Hossain (Md.) Vs. State and another, 2012, 41 CLC (HCD)
.... allotment letter was issued on 12-4-2000. The accused-petitioner being Administrative Officer and Member-Secretary of the Allotment Committee issued the allotment letter and executed lease agreement. That the accused-petitioner changed the resolution of the Meeting dated 10-8-2000 taken b......istent criminal case by invoking section 561A of the Code of Criminal Procedure does not arise at all……..... (11) Section 561A of the Code of Criminal Procedure can not be utilised to quash an investigation work of the police........(12) Cases Referred to- Abdul Huque Vs......posal of the case. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 278. ..Category: Criminal Law | Date: 3 Dec, 2012 | Hits: 4
Abdul Mannan Bhuiyan & others Vs. Md. Nasir Hossain, 2012, 41 CLC (AD)
....facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 44. ....... Md. Nasir Hossain…………………………………………......Respondents Judgment December 2, 2012. Result: This civil petition for leave to appeal is dismissed. The SA and RS records are not an evidence of title and a registered ......ed the plaintiffs from the 'ka' schedule land to the plaint. Abdul Jabbar, the predecessor of defendant Nos. 2-6, was stated to have filed Title Suit No. 683 of 1981 against Nayeb Ali and others, the seller of the plaintiffs and was also stated to have obtained an ex-parte decree but the plaintiffs ..Category: Property Law | Date: 2 Dec, 2012 | Hits: 35
Bengal Techno Leather Ltd Vs. Islami Bank Bangladesh Ltd, 2012, 41 CLC (HCD)
....s, the question of granting leave does not arise. On the failure of the defendant to obtain the Court's leave to defend, the plaintiff is entitled to a decree." I am quite in respectful agreement with the view expressed in 44 DLR 490. (underlining is mine) 9. In view of the delibe......neral provision about filing suit, other than the suits that falls within specific category under Order XXXVII of the Code of Civil Procedure………...........(7) Cases Referred to- Bengal Techno Leather Consult Ltd. Vs. Bangladesh, 2005 BCR 133, Joved Traders and anoth&sh......defend the suit (by filing written statement, supported by affidavit within 17-1-2013). Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 179 ..Category: Administrative Law | Date: 28 Nov, 2012 | Hits: 5
Government of Bangladesh and oth¬ers Vs. Dr. Md. Nazrul Islam Bhuiyan and others, 2012, 41 CLC (AD)
....thers reported in 1981 BLD (AD) 91 referring to the decision of the Central London Property Trust Ltd Vs. High Trees House Ltd. (1947)1 KB 130 this Division held that the Government's decision on agreement to release the Mill in question cannot be changed with a belated plea that the decision ha..............Appellants Vs. Dr. Md. Nazrul Islam Bhuiyan and others...............Respondents Judgment November 28, 2012. Result: The appeal is dismissed. Cases Referred to- Customs Custom House, Chittagong Vs. A. Hannan, 42 DLR (AD) 167; Gujarat State Financial Co......sed by a Division Bench of the High Court Division in Writ Petition No.29.19 of 2006 is hereby affirmed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 255. ..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4
Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)
....ty of the formers of the Rule is visible as to the expeditions conclusion of the investigation. No doubt, this desire makes sense. 37. So far as Rule 10 is concerned, we can, however, not be in agreement with the petitioner’s contention, because, in our introspection, for the reasons sta......State………………….......................Respondents Judgment November 28, 2012. Result: The Rule is made absolute. Cases Referred to- Bahauddin Nasim Vs. Secretary, Ministry of Home Affairs, Government of the Peoples Republic......ite. Since the said Writ Petition was withdrawn before the instant petition was filed, no legal complication arises. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 28 Nov, 2012 | Hits: 77
Birendra Nath Roy Vs. Rupali Bank Ltd, 2012, 41 CLC (HCD)
.... Rin Adalat concerned is directed to proceed with the Artha Execution Case No.111 of 2005 expeditiously in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 118. ...... filed after expiry of six years of filing the first execution case, the same would be barred by limitation................ (12) Expiry of an execution case The execution case does not come to an end with the issuance of a certificate under section 33 (5) of the Artha Rin Adalat Ain, 2003.......ed, 14-9-2004 disposed of Artha Execution Case with full satisfaction under section 36(5) of Artha Rin Adalat Ain, 2003. The decree holder bank after receiving the sale certificate took an attempt to sell the mortgaged property in auction but due to various obstacle no auction sale was possible to b..Category: Civil Law | Date: 21 Nov, 2012 | Hits: 7
Azizur Rahman (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ferred under section 33(7) of the Ain 2003 passed an order conferring title of the petitioner's mortgaged property upon the bank and directed to issue a certificate to that effect. We are in full agreement with the impugned order of the Artha Rin Adalat." We are also in respectful agre......Rahman (Md.).........................Petitioner Vs. Bangladesh and others... .............Respondents Judgment November 20, 2012. Result: The Rule is discharged. Restoration to section 19 for setting-aside the ex-parte decree After passing of the impugned orde......esh Limited Benapole Branch, Jessore on 25-1-2007 instituted a suit before the Joint District Judge and Artha Rin Adalat, 1st Court, Jessore for recovery of loan money amounting to Taka 27, 64,841 by selling mortgage properties against the M/s Joint International and others and the same was register..Category: Banking Law | Date: 20 Nov, 2012 | Hits: 8
Amirul Islam (Md.) Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
.... restoring to section 193 of the Act............... (11)," (underlined by me) 18. The ratio decidendi of the said decision has been governing the field since long. We are in respectful agreement with decision settled and hold that the instant petition is maintainable. 19. We...... (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Badruzzaman J Amirul Islam (Md.).....................................Petitioner Vs. Commissioner of Customs and others............Respondents Judgment November 19, 2012. Result: The R...... November 19, 2012. Result: The Rule is made absolute. Cases Referred to- Transcom Cables Ltd Vs.The Commissioner of Customs 2 TLR 571; ASS Enterprise Vs. Bangladesh 17 BLC 86; Russell Vegetable Oil Ltd Vs. Collector of Customs 52 DLR 382; LR Khan Vs. Customs, Excise and VAT Appe..Category: Fiscal/Taxation Law | Date: 19 Nov, 2012 | Hits: 6
Maleka Khatun Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....the land for total consideration of Taka 59,000/-, out of which the said Hemlata and others received Taka 45,000/- only as earnest money and delivered possession of a part of the land by executing an agreement on 2.4.1963 in favour of Sheikh Ali Ahmed. Said Hemlata and her co-sharers failed to execu......zed within the scope of Ordinance 24 of 1970……………………………….(12) Lawyers Involved: Md. Zakir Hossain, Advocate-for the petitioner S M Quamrul Hasan, Assistant Attorney General (with leave of the Court)- for the respondents. Writ Petition No. 8854 of 2011. ......ce (Annex-F). 2. It is contended in the writ petition that the land as described in the schedule of the impugned notice originally belonged to Sreemoti Hemlata Sarkar and others, who proposed to sell it in 1963. Petitioner’s husband Sheikh Ali Ahmed agreed to purchase the land for total consi..Category: Property Law | Date: 18 Nov, 2012 | Hits: 133
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
....d a protest notice in the daily Janakantha on 10-12-2003 that defendant No.2, Shamsul Kabir Humayun Reza, son of Md. Hossain of Mirpur was the actual Shamsul Kabir Humayun Reza and he entered into an agreement with him on 29-12-2002 to sell the suit plot to him and handed over the original documents......hellip;……………Respondents (In Civil Petition No.2199 of 2011) Judgment November 12, 2012. Result: The petitions are dismissed. Cases Referred to- Ali Haider Vs. State, 10 DLR (SC) 193; Allah Ditta Vs. State, 11 DLR (SC) 38; Chainchal Sin......e a power of attorney to Eastern Housing Limited, a company of Islam group on 21-12-2003 vide No. 15920 dated 21-12-2003 for constructing a commercial building on the suit plot with the power to sell and mentioned as 157, Bara Mogbazar (hereinafter referred to as Engineer Shamsul Kabir Humayun ..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
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