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....ion dated 12-5-2011. The petitioner filed several representations on 9-5-2011, 11-5-2011 and 15-3-2012 by reference to inquiry report praying for withdrawal of the office orders dated 18-4-2011, payment of salaries and other benefits but the respondents did not pay heed to any of the applicatio...... respondent issued another office order under another memo using same memo number and date (i.e. memo No. 982 dated 18-4-2011) informing all concerned that he would not sign the salary sheet and cheque of the petitioner from April, 2011 (Annexure G-1).
3. An inquiry was also held rega..
Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2014 | Hits: 6
Ekramul Haque Balbul Vs. Md. Faiz and others, 2014, 43 CLC (AD)
....ced to fine of Taka 1,000 only, in default, to suffer simple imprisonment for 7 (seven) days. The sentence of fine of Taka 1,000 only imposed upon Abed Khan is maintained. However, in default of payment of fine he shall suffer simple imprisonment for 7 days. Accordingly Criminal Appeal No.......mpugned judgement and order is set aside. Saber Hossain Chowdhury is exonerated from the charge leveled against him. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 208. ..Category: Constitutional Law, Contempt of Court Law | Date: 11 Mar, 2014 | Hits: 16
Moklesur Rahman (Md.) and another Vs. Government of Bangladesh and others, 2014, CLC (AD)
....arpitoka" interest and the said fact was intimated to them by the Manager of the decree-holder-Bank by letter dated 31-6-2009. It was further intimated that the writ-petitioners should make payment of Taka 26, 10,546 (Taka twenty six lakh, ten thousand and five hundred forty six) only with......hereinbefore. The Artha Rin execution case in question (No.560 of 2004) shall stand satisfied accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 207. ..Category: Others | Date: 24 Feb, 2014 | Hits: 15
Aftab Uddin (Md.) Vs. Chairman, Court of Settlement and another, 2014, 43 CLC (AD)
....ernment of East Pakistan on 10-2-1956 to one Kulsum Bibi wife of Abdur Rahman, a refugee. It was one of the stipulations of the lease deed that the refugee would have no proprietary right unless full payment of Taka 600 was made. 3. The appellant's case is that lessee Kulsum Bibi died on 27......manded to the Court of Settlement to deal with it in the light of our discussion above. There will be no order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 253. ..Category: Abandoned Properties Law | Date: 19 Feb, 2014 | Hits: 21
কবির ষ্টীল লিমিটেড বনাম কমিশনার অব ট্যাক্সেস, 2014, 43 CLC (HCD)
.... charged at the rates specified in this Ordinance or the rules made thereunder. (2) The amount referred to in sub-section (1) shall be the following, namely- (a) the amount representing the payments on account of supply of goods or execution of contract to which tax is deductible under sec......ারপতি মোঃ ইমদাদুল হক আজাদ.- আমি একমত হইলাম। This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 17 Feb, 2014 | Hits: 7
Selim Hossain (Md.) Vs. Shahabuddin Ahmed and others, 2014, 43 CLC (AD)
....ner filed an application under section 57 of the Ain, 2003 praying for cancellation of the auction sale stating, inter alia, that the decree-holder-corporation, had already allowed reschedulement for payment of the outstanding loan and he had been paying the loan money according to that rescheduleme......t-petitioner without creating any hindrance or obstacle and the executing Court shall pass necessary order in that respect. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 115. ..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 6
....floated by the Bangladesh Agricultural Development Corporation (BADC) would be precluded from re-instatement in their services after acceptance of their prayers for voluntary retirement and payment of retirement benefits—
Voluntary Retirement
“তবে, একবা......peal No. 48 of 2012 is allowed so far as it relates to respondent No. 9 Md. Saiful Alam Khondker and dismissed against the rests.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 257
..
Category: Administrative Law, Employment/Service Law | Date: 2 Feb, 2014 | Hits: 9
Lakshmi Bala Sen and others Vs. Tarun Tapan Dutta @ Tapan Kumar Dutta and others, 2014, 43 CLC (AD)
....ed in that event a question may arise as to whether the transaction is a mortgage or an out and out sale has to be determined on seven tests - (i) the existence of debt, (ii) the period of payment-a short period being indicative of a sale and a long period of a mortgage; (iii) possession ......he matter, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 162. ..Category: Tenancy Law | Date: 30 Jan, 2014 | Hits: 15
Md. Shafayet Hossain Rana Vs. State and Md. Syed Rejaul Karim Salim, 2014, 43 CLC (HCD)
....und”. Thereafter, the complainant-petitioner served two statutory legal notices both dated 14.08.2008upon the opposite party 2 informing him about the dishonour of the two cheques and demanding payment of the amount. Getting no result, he was constrained to file the complaint cases against opp......ng out of C.R. Case No.5516 of 2008 discharging the opposite party 2. 3. The petitioner had filed both the complaint cases on the allegations, inter alia, that opposite party 2 had given him two cheques both dated 11.02.2008 one being No.SSD14872for an amount of taka seventy lac fifty-two thous..Category: Civil Law | Date: 21 Jan, 2014 | Hits: 111
Ali Garments Limited Vs. Commissioner of Taxes, 2014, 43 CLC (AD)
....igh Court Division any question of law arising out of such order: Provided further that the Board may, on an application made in this behalf modify or waive, in any case, the requirement of such payment. (4) On receipt of the notice on the date of hearing of the application, the respondent......he High Court Division, accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 243. ..Category: Fiscal/Taxation Law | Date: 5 Jan, 2014 | Hits: 11
BRAC Bank Ltd Vs. Multimode Ltd, 2013, 42 CLC (HCD)
....gin. The cost of such programme have been mutually agreed to bear by the parties on case to case basis. It was further agreed if Western Union fails to remit the required remittances according to the payment made by defendant time to time and such cannot be restored by the deposited amount held in t......e result, this appeal is dismissed. No costs. Connected Civil Rule No. 395(f) of 2012 is accordingly discharged. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 48 ..Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0
....the employer in respect of grievance on termination of his employment;
Section- 132
Application by the worker or his authorised agent for direction on payment" of wages;
Section- 147
Appl......y;ever, without any order as to costs. BLA Case No. 1534 of 2011 pending before the First Labour Court, Dhaka is hereby quashed.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 313
..
Category: Labour and Industrial Law | Date: 18 Nov, 2013 | Hits: 5
Abdul Momen Bhuiyan and others Vs. District Judge, Dhaka and others, 2013, 42 CLC (AD)
....ation of sale has been passed by the learned District Judge. 19. In paragraph 8 of the Supplementary Affidavit, the petitioners stated that they paid total Taka 22, 24,000 upto 2-11-2010 towards payment of loan payable to HBFC. 20. The auction took place in respect of 400 square feet of Go......he auction sale shall be deemed to have become absolute. The impugned judgment delivered by the High Court Division is set-aside. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 98. ..Category: Civil Law | Date: 17 Nov, 2013 | Hits: 17
Golam Sarwar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....w, we are of the view that the matter should be revert back to the Tribunal for deciding the proportionate amount of income of the deceased which falls in the share of the assessee for the purpose of payment of taxes by the assessee for the aforesaid assessment years for the income of the deceased. ......ke necessary steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 350; 2 CLR (HCD) (2014) 301; 23 Karadalat (HCD) (2014) 15 ..Category: Fiscal/Taxation Law | Date: 14 Nov, 2013 | Hits: 4
AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)
....on to stand trial. 15. In course of cross-examination, he deposed that after joining his post in his contract service, the convict-appellant obtained a standing order from the BCIC in respect of payment of salary from the BCIC fund. It is admitted by him that the Provident Fund along with other......e denied the suggestion put to him during the course of cross-examination. 20. P.W. 4, Md. Haris is a peon, attached to the ministry of Industry who deposed that he used to receive the cheque duly issued by the BCIC for the purpose of Payment of the pay of the convict-appellant. He de..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3
SM Redwan Vs. Md. Rezaul Islam and others, 2013, 42 CLC (AD)
....on of law as to the applicability of section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the "Act") to a case in which a person issuing a cheque stopped its payment by issuing instruction to the drawee bank before payment. 2. In Criminal Appeal No.30 o.........…Respondent (In both the cases) Judgment October 9, 2013. Result: Both the appeals are allowed. Payment stopped by the drawer Since the cheques were returned by bank with the endorsement "payment stopped by the drawer" it..Category: Criminal Law, Others | Date: 9 Oct, 2013 | Hits: 12
....erties. Accordingly the petitioner on 26-11-2008 deposited Taka 40,000 to the respondent bank vide receipt No. 185332. After deposit of said money the Respondent No.2 told the petitioner to make payment of the rest amount within 10 days, else the mortgaged property shall be auctioned.
4. T......costs. The order of stay granted earlier is vacated.
Communicate a copy of the judgment to the bank concerned at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 50.
..
Category: Others, Procedural Law | Date: 8 Oct, 2013 | Hits: 8
Ahmed Lal Mia Vs. State and another, 2013, 42 CLC (AD)
.... Bank Limited, O.R. Nizam Road Branch, Chittagong bearing Cheque No.16161317. The cheque was presented for encashment in the bank on 17-1-2011, but the same was dishonoured with the endorsement "payment stopped by drawer.”] Then the complainant issued the statutory notice upon the accused......commission of an offence punishable under section 138 of the Negotiable Instruments Act, 1881 (the Act, 1881). In the petition of complaint, it was alleged, inter alia, that the accused issued a cheque on 16-1-2011 for an amount of Taka 50, 00,000 in favour of the complainant drawn on City Bank..Category: Criminal Law | Date: 3 Oct, 2013 | Hits: 5
AA Engineering Limited Vs. University of Khulna, 2013, 42 CLC (AD)
....in spite of the opinion of National Board of Revenue (NBR) that the service receiver would arrange VAT from its own fund if the tender invited after 1st July, 1991 did not make any provision for payment of VAT. In this situation, the appellant filed the writ petition before the High Court ......thout deducting therefrom any amount on account of VAT. Khulna University is under the obligation to pay VAT in the instant case. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 19. ..Category: Fiscal/Taxation Law | Date: 3 Oct, 2013 | Hits: 28
ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)
....he monthly salaries of the two alleged gardeners of the Embassy, namely, Jewel Miah and Selim Parvez to the tune of 34,150 Dirhams. Besides, he also misappropriated money on different heads by making payment of gas bill of his residence and some household articles purchased for his residence fr......e UAE near the Bangladesh Embassy at an amount of 2,10,000 Dirhams and because of shifting and other incidental expenses, the accused-appellant caused pecuniary loss of 72,000 Dirhams to the public exchequer. The second allegation was that he misappropriated the monthly salaries of the two alle..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
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