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Momena Khatun and others Vs. Hussain Fabrics Ltd. and others, 2010, 39 CLC (HCD)
....lier at the time of issuance of rule is here by vacated. Communicate this order at once. Sent down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 66.......se is also Reported in: 63 DLR (HD) (2011) 66.......lier at the time of issuance of rule is here by vacated. Communicate this order at once. Sent down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 66...Category: Property Law | Date: | Hits: 78
....selling the mortgaged property impleading the petitioners as defendant in the suit asserting, inter alia, that Messrs Delwar Pictures Ltd, an unit of defendant No. 1, obtained loan from the plaintiff bank by mortgaging the properties and also hypothecating of all machineries and cinema equipment wit......rted in: 56 DLR (2004) 641.
......udgment and decree dated 14‑5‑02 is without jurisdiction.
The result is that the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 56 DLR (2004) 641.
..
Category: Property Law | Date: | Hits: 173
Zahidul Hasan (Md) and others Vs. State, 2004, 33 CLC (HCD)
....that the accused persons had been running Hundi business for long. The inhabitants of District Sylhet residing at London used to send money by illegal way without sending the foreign currency through bank and, as such, hindrance is created to earn foreign currency for the Government. The car driver ......s also Reported in: 56 DLR (2004) 630. ......ed. The Deputy Commissioner, Sylhet is directed to make arrangement to return the money. Communicate the order to the Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 630. ..Category: Criminal Law | Date: | Hits: 70
BIVAC International SA and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....ule this Division directed the respondents to treat the petitioners "Consultants' and impose and deduct VAT at the rate applicable to "Consultants' from time to time at the rate of 4.5% and to accept bank guarantees at the time of payment of invoices covering the differential amount of 8.54%. 5. ......also Reported in: 62 DLR (HCD) (2010) 284. ......t without any order at to cost. The order of direction given at the time of issuance of the Rule by this Division is hereby recalled. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 284. ..Category: Fiscal/Taxation Law | Date: | Hits: 152
...., Bangladesh Krishi Bank, Pirojpur branch as plaintiff instituted Artha Rin Suit No. 3 of 1998 against the petitioner for realisation of loan. The said suit was decreed ex parte and the decree-holder bank initiated Artha Rin Decree Execution Case No.5 of 1999 which was dismissed for default on 29.7.......risdiction)
Present:
Nazmun Ara Sultana J
Md. Ruhul Quddus J
Abdul Motaleb Howlader alias Chan Miah………….................Petitioner
Vs.
Judge, Artha Rin Adalat No.1, Pirojpur and others…………..... Respondents
Judgment
January 25, 2011.
Result:
The Rule is ...... discharged, however, without any order as to costs.
Communicate the judgment to the concerned executing Court at once.
Nazmun Ara Sultana J. - I agree.
Ed.
This Case is also Reported in:
..
Category: Civil Law | Date: | Hits: 107
....ly by selling the mortgaged property and the said suit was decreed on contest against petitioner No.1 and ex parte against others by judgment and decree dated 31.5.1994. Thereafter, the decree-holder bank on obtaining the final decree, put the same in execution by filing Artha Decree Execution Case ......ee.
Ed.
This Case is also Reported in:
...... case), if it is required.
The office is directed to communicate the judgment to the concerned executing Court at once.
Nazmun Ara Sultana J. - I agree.
Ed.
This Case is also Reported in:
..
Category: Civil Law | Date: | Hits: 80
Govt. of Bangladesh & another Vs. M/S Mashriqul Textiles and others, 1982, 11 CLC (AD)
.... parties agreed upon his appointment in the agreement. In the result, the appeal is dismissed without, however, any order to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 123. ......A Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Govt. of Bangladesh & another.............. Appellants Vs. M/S Mashriqul Textiles and others.............. Respondents Judgment December 8, 1982. Result: The appeal is di...... parties agreed upon his appointment in the agreement. In the result, the appeal is dismissed without, however, any order to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 123. ..Category: Alternative Dispute Resolution | Date: | Hits: 238
.... or imposed penalty. The petitioner also submitted a certificate issued by Janata Bank, Local Office, Dilkusha Commercial Area, Dhaka under Nothi No. Lo/ICD/JMS GLASS/07 dated 31-1-2007 showing its bank liability to the tune of Taka 79, 14,280.68. The petitioner also brought to the attention of th......
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Md. Imman Ali J
Mamtaz Uddin Ahmed J
JMS Glass Industries Ltd............................................Petitioner
Vs.
Customs, Excise and VAT Appellate Tribunal and others...............Respondents
Judgment
November 17, 2011.
...... discharging the Rule.
For the reasons stated hereinbefore, we find no merits in the petition and accordingly, the same is dismissed.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 43. ..
Category: Fiscal/Taxation Law | Date: | Hits: 130
Sonali Bank Vs. Mozaffor Hossain, 1997, 26 CLC (HCD)
....t of Subordinate Judge, Barisal is set aside and the ex parte decree dated 30-7-1983 is maintained. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 174. ......AK Badrul Huq J Sonali Bank…………………..Petitioner Vs. Mozaffor Hossain………………….Opposite Party Judgment August 17, 1997. Result: The Rule is made absolute and the Order of stay stands vacated. Lawyers Involved: Md. Shahidul Haque, Advocate - For the......t of Subordinate Judge, Barisal is set aside and the ex parte decree dated 30-7-1983 is maintained. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 174. ..Category: Procedural Law | Date: | Hits: 80
Harunar Rashid (Md.) Vs. Subordinate Judge, (Artha Rin Adalat) Bogra and others, 1997, 26 CLC (HCD)
.... same is to be declared to have been passed without any lawful authority and to be of no legal effect. 4. At the outset Dr. Rafiqur Rahman, the learned Advocate appearing for the respondent No.2—bank submitted that the writ petition is not maintainable inasmuch as the forum by way of an appeal ...... Qazi Shafiuddin J Syed JR Mudassir Husain J Harunar Rashid (Md.) son of late Rafique Uddin, Jinnath Mahal.......................Petitioner Vs. Subordinate Judge, (Artha Rin Adalat) Bogra and others………………..Respondents Judgment November 11, 1997. Result: The Rule i......92 (Annexure to the petition) is hereby declared to have been passed or made without any lawful authority and to be of no legal affect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 170...Category: Civil Law | Date: | Hits: 71
Doris Waldman Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....en made without lawful authority and are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 151..............en made without lawful authority and are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 151...Category: Criminal Law | Date: | Hits: 87
Jamil Akhter Elahi (Md.) Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....ted. 2. It is stated in the petition that the Board of Directors of the Sonali Bank Limited, in its 82nd Board meeting held on 12-5-2009, approved the ear loan facilities for the executives of the bank having the rank of Assistant General Manager (AGM) and upwards. 3. The petitioner is not onl......ision (Special Original Jurisdiction) Present: ABM Khairul Haque J Md. Mamtazuddin Ahlmed J Jamil Akhter Elahi (Md.) ………………petitioner Vs. Government of Bangladesh and others…………….Respondents Judgment June 24, 2009. Result: The Rule is discha......ion is misconceived and the Rule is liable to be discharged. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 64...Category: Others | Date: | Hits: 134
Islam Enterprise Vs. Commission of Taxes Zone-3, 2007, 36 CLC (HCD)
.... justified in law to estimate the receipts of the construction business in spite of the fact that the receipts were supported by payment certificates from paying authorities which reconciled with the bank statements and books of accounts which were duly audited by chartered accountants? (d) Wheth......ommission of Taxes Zone-3………………respondents Judgment August 9, 2007. Result: The references are returned with answer to the questions relating to enhancement of the receipts and rejecting summarily the applications under section 173 of the Ordinance in the negative and agai......he applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 59...Category: Fiscal/Taxation Law | Date: | Hits: 97
Al Baraka Bank Bangladesh Ltd. Vs. Rina Alam and another, 2004, 33 CLC (HCD)
.... and First Commercial Court at Dhaka in Title Suit No. 197 of 2001, which decreed the suit. 2. Respondent No.1 as plaintiff on 14‑7‑97 instituted Title Suit No. 208 of 97 against the appellant bank and another for a decree of declaration that the plaintiff owed no amount to said bank on accou...... High Court Division (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Siddiqur Rahman Miah J Al Baraka Bank Bangladesh Ltd ....................Appellant Vs. Rina Alam and another............Respondents Judgment April 12, 2004. Result: The appeal is dismis......ffirmed. The bank is directed to return the schedule document within seven days of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 588...Category: Civil Law | Date: | Hits: 109
Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)
....of 2000 rejecting the plaint should not be declared to have been passed without lawful authority and of no legal effect and why respondent No. 1 should not be directed to issue summons/notice of said bankruptcy suit upon respondent No. 2, the Shinepukur Holding Limited and respondent No. 3, Mahmudur......rt Division (Special Original Jurisdiction) Present: Md. Abdur Rashid J S Rahman Miah J Abdur Rashid Chowdhury...........................Petitioner Vs. Additional District Judge and others……………Respondents Judgment October 20, 2003. Result: The Rule is made......by directed to proceed with the suit by issue of the summons/notice however, in accordance with law, expeditiously. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 573. ..Category: Others | Date: | Hits: 185
Rashedul Alam Chowdhury Vs. ASM Shahajahan and another, 2011, 40 CLC (AD)
.... and orders of the High Court Division do not call for any interference by this Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 39....... J Syed Mahmud Hossain J Md. Imman Ali J Md. Momtazuddin Ahmed J Md. Shamsul Huda J Rashedul Alam Chowdhury......................................Petitioner Vs. ASM Shahajahan and another................................Respondents Judgment October 17, 2011. Result...... and orders of the High Court Division do not call for any interference by this Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 39...Category: Criminal Law | Date: | Hits: 75
Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)
....erference. Therefore, 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: 17 BLC (AD) (2012) 34. ...... Supreme Court Appellate Division (Civil) Present: Md. Muzammel Hossain CJ MA Wahhab Miah J Syed Mahmud Hossain J Md. Imman All J Md. Mamtaz Uddin Ahmed J Shahid Hamid and another....................................Appellants Vs. Nilufar Momtaz and another...........erference. Therefore, 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: 17 BLC (AD) (2012) 34. ..Category: Property Law | Date: | Hits: 81
Sonali Bank Vs. Mahbubul Amin & others, 1989, 18 CLC (HCD)
....Execution Case No.791 of 1986 is vacated. The Execution Case will proceed in accordance with law. The records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 298. ......ution Case will proceed in accordance with law. Cases Referred to- AIR 1940 (Madras) 29; AIR 1937 (Madras) 511; AIR 1931 (Madras) 650; 3 BCR 1983 (HCD) 339; M/s. M.M. Ispahani Vs. Sonali Bank and Ors., 1985 DLR (AD) 1. Lawyers Involved: Asrarul Hossain with Syed Sakhwat Ali - For petit......Execution Case No.791 of 1986 is vacated. The Execution Case will proceed in accordance with law. The records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 298. ..Category: Procedural Law | Date: | Hits: 74
M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)
....cuments, articles of daily use, clothes etc. belonging to the accused appellant may be returned to him after proper identification. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 274. ...... Vs. The State....................................Respondent Judgment November 10, 1988. Result: Cases Referred to- State Vs. Balshri Das Sutradhar, 13 DLR 289; Kalipada Nandi Vs. The State, AIR 1950 (Cal) 427; Emperior Vs. Kutub Bux, AIR 1930 Cal. 633, 634; Tamiz Mia Vs......cuments, articles of daily use, clothes etc. belonging to the accused appellant may be returned to him after proper identification. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 274. ..Category: Criminal Law | Date: | Hits: 87
Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)
....e for unliquidated, unascertained and hypothetical sum and, as such, the order under appeal cannot be maintained. He next contended that the bills receivable from respondents 6-10 assigned to various banks for collection in consideration of their granting overdraft and credit facilities is not liabl......ourt Division (Civil Miscellaneous Jurisdiction) Present: AM Mahmudur Rahman J Md. Nurul Islam J Nirman International Ltd…………………Appellant Vs. Islam Steel Mills Ltd. and others……………………Respondents Judgment February 5, 1997. Result: The app...... learned brother has already discussed and observed very clearly the legal aspect on this point in view of case laws cited before us. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 125. ..Category: Procedural Law | Date: | Hits: 118
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