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National Bank Ltd. Vs. Provashi International Ltd. and others, 2010, 39 CLC (HCD)

....ed to get decree as prayed? 7. The plaintiff Bank examined one witness to prove its case and the defendant also examined one witness in support to its claim. 8. One Abdul Gani, Officer National bank Ltd. deposed as P.W.1 on behalf of the plaintiff. He stated in his examination-in-chief that up......shall be the expiry of the L/C. The consignment of 81 metric tons of Garlic arrived at the Chittagong Port 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 ..

Category: Civil Law | Date: | Hits: 106

Nurul Islam Shaikha and others Vs. Shahadat Hossain & others, 2011, 40 CLC (HCD)

....t Nos.1, 3, 5 and 6 exparte against the rest. No order as to cost. Send down the LC records along with a copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ......­es (P.Ws. 2-4). He also produced the original deed of Heba-bil-Ewaz (Exhibit-1). 7. The contesting defendants produced and examined 3 witnesses including defendant No.5 as D.W.1 and the purchase documents in favour of defendant No.5 and 6 (Exhibit-ka), ka(1-3) and another kabala dated 23-2-1970..

Category: Property Law | Date: | Hits: 139

Md. Shahidul Islam Vs. Most. Anwara Begum, 2007, 36 CLC (HCD)

....aside and the Family Suit No.75 of 2004 is dismissed. 19. Send down the L.C. Records at once. Md. Abdul Wahhab Miah J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 114. ......aside and the Family Suit No.75 of 2004 is dismissed. 19. Send down the L.C. Records at once. Md. Abdul Wahhab Miah J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 114. ..

Category: Family Law | Date: | Hits: 140

Md. Mosarraf Hossain Mondol Vs. Md. Elias Hossain Mollick and others, 2007, 36 CLC (HCD)

....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. ...... course of trial the plaintiff examined three witnesses namely P.W.1 Mosarraf Hossain (Plaintiff), P.W.2 Kusai Mondol and P.W.3 Md. Ezahar Hossain, they were local witnesses. The plaintiff proved his documents as Exhts. 1 and 2 in support of his case. 7. The defendant examined two witness­es nam..

Category: Procedural Law | Date: | Hits: 114

State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)

..... The tea stall of Abdul Halim is about 400/500 yards far from the brickfield. He stated to the investigating officer that after hearing the sound of gunshot he stopped cultivation and came up to the bank. He cannot say whether the mound behind he was hiding was 50 feet or not. He stated to the inve......sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ..

Category: Criminal Law | Date: | Hits: 89

S.M. Ahsan Kabir Vs. Election Appellate Tribunal (Upazilla Election Parishad) and others, 2010, 39 CLC (HCD)

....ever, without any order as to costs. The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 289. ......nomination paper. The petitioner had been contesting the said Election Case by filing written statement. The respondent No.4 filed 2 applications in the said case on 31.5.2009 praying for calling the documents/papers as mentioned therein from the office of the Returning Officer, Pirojpur Upazilla Pa..

Category: Election Law | Date: | Hits: 600

Md. Joinaul Abedin Mintu Vs. Joint District Judge, 3rd Court Tangail and others, 2010, 39 CLC (HCD)

....tha Rin Adalat Ain, 2003, and in case of failure to sell the property in auction the subsequent steps for issuance of certificate and possession to the decree holder may be taken if the decree holder bank prays so. In the absence of filing of application for execution of the decree, the order of the......to have been made without lawful authority and in an unlawful manner and is of no legal effect. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 277. ..

Category: Civil Law | Date: | Hits: 174

United Mineral Water and PET Industries Ltd. Vs. Commissioner, Customs, Excise and VAT Commissionerate and others, 2007, 36 CLC (HCD)

....sold products of Taka 46, 33, 55,612 during the period from January, 2003 to December, 2004 as per VAT accounts. But the petitioner received Taka 144, 31, 55,331 during the period on the basis of two bank accounts maintained with the Bank of Small Industry and Commerce Bangladesh Limited, Main Branc......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. ..

Category: Fiscal/Taxation Law | Date: | Hits: 131

Engineer Mahmudul Islam and others Vs. Government of the People's Republic of Bangladesh and others, 2002, 31 CLC (HCD)

....a copy of this judgment and order be sent to the Hon'ble Prime Minister for perusal and necessary action as per our observations made above. Ed. This Case is also Reported in:55 DLR (2003) 171. ......in two(2) volumes, one volume under the caption "SSA Bangladesh Limited" and the other volume under the caption "Business Plan, December, 1997" containing feasibility report, guidelines and all other documents along with the application dated 29‑12‑1997 and that by a letter dated 14‑1‑1998 t..

Category: Others | Date: | Hits: 113

BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)

....health, welfare etc, primarily for the poorest segment of rural people. Its funds constitute mainly of donations from benevolent foreign donors. In addition, it earns income from commercial projects, bank interest, dividend etc. The petitioner is an assessee of Companies Circle-15, Taxes Zone-5, Dha......gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ..

Category: Fiscal/Taxation Law | Date: | Hits: 171

Md. Abul Basher Vs. The Judge, First Artha Rin Adalat, Chittagong and others, 2008, 37 CLC (HCD)

....nterest till the date of realization. Ultimately, the said Mortgage Suit No.4 of 1987 was decreed on contest against the principal defendant No.1 (petitioner). 3. In usual course the decree-holder bank filed Artha Rin Execution Case No.2 of 1999 before the 2nd Commercial and Artha Rin Adalat, Chi......to dispose of the Artha Rin Execution Case No.208 of 2004 expeditiously. Communicate the judgment to the Adalat concerned at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 208. ..

Category: Civil Law | Date: | Hits: 136

Abdul Mannan Mathbar Vs. Nazmul Hoque Majumder and others, 2009, 38 CLC (HCD)

....rt at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 317. ...... plaintiff and the suit is liable to the dismissed. 4. During the course of trial the learned Assistant Judge, Court, Dhaka on consideration of the evidence on record and after perusing the paper, documents and exhibits dismissed the suit of the plaintiff by his Judgment and decree dated 31.5.200..

Category: Civil Law | Date: | Hits: 94

Mrs. Rokeya Begum Vs. Chartered Credit Co­operative Ltd., 2009, 38 CLC (HCD)

....t the accused paid part of money by cheque dated 15.02.2006 from Saving account Rupali Bank No.902209 of amount of Taka 54,83,300 and that the complainant deposited the cheque at charged co-operative bank on 15.02.2006 for encashment but the same was referred being unpaid. 3. The complainant thro......itan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 29. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 274. ..

Category: Criminal Law | Date: | Hits: 70

Human Rights and Peace for Bangladesh and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....sented by Mr. Abdul Baset Mujamder, a learned Advocate of this Court. 12. The applicant is a private limited company engaged in production of refined edible salt by establishing an industry on the bank of Buriganga of Narayangonj Port. The applicant applied for licence to BIWTA and obtained year-...... 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. ..

Category: Environmental Law | Date: | Hits: 731

Sobhan Munshi Vs. State and another, 2010, 39 CLC (HCD)

....esaid Police Station on 23.6.1999 at 11-05 hours against the accused-petitioner and seven others alleging, inter alia, that upon secret information he, along with his companion force, ambushed on the bank of the river "Padma" in village- Daodia and at about 2-30 A.M. having seen a Trawler coming by ...... with this case shall be deducted from the period of his sentence as per provisions of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 37. ..

Category: Criminal Law | Date: | Hits: 81

Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)

....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. ......cultivated paddy in the land and in this way, he openly possessed the suit land. 3. Defendant No.4 being a very cun­ning person, wanted to grab the suit property and created some false papers and documents in connivance with some other persons in respect of 'ga' schedule land showing these paper..

Category: Property Law | Date: | Hits: 83

Intertek Testing Services International Limited and others Vs. National Board of Revenue, Dhaka & others, 2003, 32 CLC (HCD)

....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. ...... by letter dated 21‑11‑1999 that Pre-shipment Inspection service charges will be subject to payment of VAT as Jarip Sangstha (survey agency) under code No.S020.00 under the VAT Act. In the tender documents all information about tax liabilities were there. The petitioners were officially informed..

Category: Fiscal/Taxation Law | Date: | Hits: 119

Tabibullah and others Vs. Government of the People's Republic of Bangladesh and others, 2007, 36 CLC (HCD)

....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. ......can be added even in a proceeding in Revision stage. 15. Ran an eye on contents embodied in the Petition for addition of parties as well as statements in the Supplementary Affidavit and papers and documents annexed in Supplementary Affidavit. Perused Counter Affidavit presented by Plaintiffs-Peti..

Category: Property Law | Date: | Hits: 82

Ruhul Amin Vs. State and another, 2007, 36 CLC (HCD)

....site party No.1 as the plaintiff of Title Suit No.1653 of 1981 sought for a declaration that the disputed Kabala was a forged one and the present petitioner as a beneficiary of the pre­emption order banked on that Kabala. In doing so, he not only denied the alleged forgery, but also produced in evi......nt against the petitioner with allegations that the petitioner committed offences under sections 193, 465, 466, and 471 of the Penal Code by way of creating and using and attempting to use two forged documents and also by giving false evidence in the proceedings of Title Suit No.1653 of 1981. 2. ..

Category: Property Law | Date: | Hits: 122

Zafar Ahmed Vs. Mir Iftekharuddin & another, 2009, 38 CLC (HCD)

....al Judge is directed to proceed with the case expeditiously. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 732. ......65 and also the case of AB Siddiqur Rahman Vs. AM Harunur Rashid, reported in 3 BLT (AD) 64. 6. We have perused the grounds taken in the revisional application, the petition of complaint and other documents along with the impugned order passed by the trial Court. 7. It appears that two cheques..

Category: Procedural Law | Date: | Hits: 128