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Agrani Bank Vs. Anwarul Bashir Khan and others, 2012, 41 CLC (AD)

.... of 2005 on 7th May, 2001 in a suit for foreclosure being Mortgage Suit No.49 of 1997. The decree was made final on 2nd August, 2001 for a sum of Taka 24, 97, 31,573. In pursuance thereof, the decree holder bank put the decree into execu­tion in Title Execution Case No.74 of 2001. In the said ex......of the Artha Rin Adalat Ain, 2003. These appeals are disposed of with the above observations without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 120. ..

Category: Civil Law | Date: 3 Oct, 2012 | Hits: 5

Motaher Hossen Vs. Bangladesh Commerce Bank Limited and others, 2012, 41 CLC (HCD)

.... the 13th Annual General Meeting (AGM) of the Respondent No.1 (herein after referred as 'the Bank'). 2. Facts, in short, for the disposal of the matter are that one Md. Abdul Mia, a shareholder of the Bank holding 112 shares, filed Title Suit No.189 of 2011 in the Court of 7th Assistant......nt of the bodies to complete the process of IPO is hereby deleted, in con­sequence. Cost will be borne by the company. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 393. ..

Category: Company Law | Date: 2 Oct, 2012 | Hits: 14

Orascom Telecom Bangladesh Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)

.... declared to have been made without any lawful authority and is of no legal effect. 15. Mr. Rokanuddin Mahmud also argues that the license itself is not a services, but it unable and entitle its holder like the petitioner to render a service. He also submits that the license in question is not ......ney has to be paid as it is, and while calculating VAT to pay the same at source, the petitioner will have to add to it 15% of the total demanded amount as VAT, withhold the same and deposit in the exchequer directly, otherwise it will go against the basic concept of VAT. 30. Mr. Reza submits s..

Category: Fiscal/Taxation Law, Information Technology Law | Date: 14 Aug, 2012 | Hits: 19

Jnanendra Nath Barai Vs. The Secretary, Ministry of Law, Justice and Parliamentary Affairs and others, 2012, 41 CLC (HCD)

....st person to be heard and given the opportunity to dispel the doubt. It was also decided by their Lordships that, a passport is considered as prima facie evidence of citizenship or nationality of its holder. In para 53 it has been opined by their Lordships that the domicile of origin is not lost by ...... at-once to the court concerned for information and necessary action. 33. Send back the Lower Court's Record immediately. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 3 ..

Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3

Bangladesh Biman Corporation and others Vs. Md. Zahangir Farazi and others, 2012, 41 CLC (AD)

....d as permanent in their respective post and places where they had worked since the date of their joining in the respective post. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 116. ......d as permanent in their respective post and places where they had worked since the date of their joining in the respective post. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 116. ..

Category: Labour and Industrial Law | Date: 7 Aug, 2012 | Hits: 18

Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)

....Phone No.017750895 whose real name is Alamgir. He further stated that during trial of the case he collected through Interpol Phone Nos.00441273667635, 00447712670768 and 00447712187297 of London, the holders of those phones are relatives of Samanja. Even if it is assumed that the appellant used cell......ith the judgment of Surendra Kumar Sinha, J. Order of the Court This appeal is, however, dismissed by majority decision. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 8. ..

Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36

Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)

.... Ali Habib also did not get any land as his purchase was hit by lis pendency. Kaniz Fatema, the predecessor of defendant purchased the decree of that suit on 22-4-1952 and replaced his name as decree holder and by executing decree through Title Execution case No.66 of 1952 of Court of 5th Sub-ordina......s dismissed without any order as to cost. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 46.   ..

Category: Property Law | Date: 25 Jul, 2012 | Hits: 10

Md. Rafiqul Islam and others Vs. Md. Azmal Hossain and others, 2012, 41 CLC (AD)

..../- seek leave from a judgment and order of the High Court Division exercising its revisional jurisdiction. 2. The suit in question was decreed ex-parte and pursuant to the decree, the decree-holder-Rupali Bank, Uttara Model Town Branch put the decree in execution. The decree-holder bank ob......ion of paper book is dispensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 842. ..

Category: Procedural Law | Date: 15 Jul, 2012 | Hits: 16

Safi Uddin Vs. District Judge, Dhaka & others, 2012, 41 CLC (AD)

.... the impugned judgment and order calling for interference by this Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 183.  ......ating the provisions of rule 2(2) of Order XXXVII of the Code of Civil Procedure (the Code), “occasioning on passing the impugned order” dismissing Summary Suit No.16 of 2005 on Bill of Exchange (cheque). The said suit was filed by filing an application under rule 2(2) of Order XXXVII of the Cod..

Category: Civil Law | Date: 8 Jul, 2012 | Hits: 108

Md. Mofizur Rahman Vs. State, 2012, 41 CLC (AD)

....n have dis­charged the rule on assigning proper rea­sons. We find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 717. ......ation and framing charge, the petitioner moved the petition before the High Court Division for quashing the proceedings. In the High Court Division, it was urged that the petitioner did not issue any cheque in favour of the complainant and that the lat­ter by threat and coercion with the help of ot..

Category: Procedural Law | Date: 4 Jun, 2012 | Hits: 40

Grameen Telecom Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)

....-90 and decreed on 6-1-1992 when the Ain, 1990 was in operation. Under the Ain, 1990 the provisions of the Code were mostly applicable including the provision 48 of the Code and therefore, the decree-holder-Bank was legally entitled to file a fresh execution case within 12 years from the decree unde......ay loan of Taka 14 crore but these agreements do not prove that this amount was given as loan by the  Grameen Kalyan to the assessee-applicant as bridge loan. The assessee ought to have produced cheque /pay order /bank statement, etc. to show that Grameen Kalyan had given loan of Taka 14 crore ..

Category: Fiscal/Taxation Law | Date: 3 Jun, 2012 | Hits: 4

Aqua Culture Farms Limited Vs. Registrar of Joint Stock Companies and Firms, 2012, 41 CLC (HCD)

....he office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in:            ......n behalf of the petitioner company, offers for paying donation to charitable organization, let the petitioner company pay a donation of Tk.30,000.00 (Thirty thousand) through non-negotiable crossed cheque to “Oloa Tarini Hafezia Madrasha, Vill-Oloa Tarini, P.S.- Tangail and District Tangail, h..

Category: Company Law | Date: 28 May, 2012 | Hits: 32

Md. Salim Hossain and other Vs. Artha Rin Adalat, Munshigonj and other, 2012, 41 CLC (AD)

....creed ex-parte in preliminary form by judgment and decree dated 14-06-2000. Final decree was drawn up on 28-06-2000. Since the defendant-judgment debtor failed to pay the decreetal amount, the decree-holder Bank on 31-01-2001 filed Artha Rin Execution Case No.02 of 2001. In the Execution case after ......e in both the Civil Petitions for Leave to Appeal. Accordingly, both the Civil Petitions for Leave to Appeal are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 154. ..

Category: Civil Law | Date: 19 Apr, 2012 | Hits: 151

Md. Ismail and another Vs. Abul Kashem and others, 2012, 41 CLC (AD)

....e High Court Division ought to have allowed pre-emption of the whole land trans­ferred in favour of this co-preemptor excluding the original pre-emptor-petitioner who is admittedly a contiguous land holder and not a co-sharer. The learned advocate has argued that where the High Court Division found......eposited within 1 (one) month. The petitioners are permitted to pre­pare the paper book out of Court in accor­dance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 570. ..

Category: Property Law | Date: 15 Apr, 2012 | Hits: 149

Majad Hossain and another Vs. State, 2012, 41 CLC (AD)

.... (a) The cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier; (b) The payee or the holder in due course of the cheque, as the case may be, makes a demand for the payment of the said a......ner submitted an application to the complainant-company for short term loan facility and a loan of TK. 15,00,000.00 was sanctioned to him. At the time of payment of the loan amount, 6(six) post-dated cheques were issued by the accused-petitioner in favour of the complainant-company as security to en..

Category: Banking Law | Date: 8 Apr, 2012 | Hits: 618

AHM Kamruzzaman Khan Vs. Register, Joint Stock Companies & Firms 24-25 Dilkusha C/A, Dhaka and other, 2012, 41 CLC (HCD)

.... five lacs), divided into 1 lac 25 thousand shares, each share worth Taka 100/- (one hundred) only and paid up capital was Taka 10 lacs as per balance sheet dated 30.6.2005, subscribed by the 13 shareholders. 3. The Company has purchased a denationalized and privatized industry namely Kuliarcha......39;s records along with a copy of this judgment at once. Nozrul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 18 MLR (HCD) (2013) 289, 19 BLC (HCD) (2014) 18. ..

Category: Company Law | Date: 19 Mar, 2012 | Hits: 689

Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)

....hy;mitted no illegality in dismissing the suit. 15. Let us proceed with our judgment. 16. It is the case of plaintiffs that after acquiring title of the suit property from power of attorney holder, Arman Ali Sarker, who got one schedule land by way of exchange, and thereafter died, plainti......s set-aside. Title Suit No.5 of 2006 is decreed. 21. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 124. ..

Category: Others | Date: 18 Mar, 2012 | Hits: 5

Swadhin Chandra Mandal and others Vs. Bangladesh University Grants Commission (UGC), 2012, 41 CLC (HCD)

....al Husbandry courses are the part of the Veterinary degree. It is further stated that department of Livestock Services is the ultimate job station for both DVM and BSc Animal Husbandry (Hons.) degree holders and though at BSc entry level there are separate posts for the aforesaid two degree holders,......gy University be allowed to continue with their regular studies accordingly. However, there shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 166. ..

Category: Others | Date: 14 Mar, 2012 | Hits: 5

Shahidur Rahman Khadem Vs. State and others, 2012, 41 CLC (AD)

.... appeal below. These petitions are disposed of with the above observa­tions and reduction of the sentences of fine as above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 103. ......ns are identical, these petitions are disposed of analogously. The question arose in this way. The petitioner was tried before the Joint Metropolitan Sessions Judge, Dhaka on a charge of dishonour of cheques for insufficiency of funds which he issued in favour of the complainant, and that he was con..

Category: Criminal Law | Date: 12 Mar, 2012 | Hits: 122

Dulal Brothers Ltd. Vs. Registrar of Joint Stock Companies and Firms, 2013, 42 CLC (HCD)

.... of receipt of the file in the office. The office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in:    ...... behalf of the petitioner company, offers for paying donation to charitable organization, let the petitioner company pay a donation of Tk.30,000.00 (Thirty thousand) through non-negotiable crossed cheque to “..............................................” Vill-..........................., Po..

Category: Company Law | Date: 4 Mar, 2012 | Hits: 28