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.... manifesto, 2007; (iii) decision of the executive committee of the party for registration as such; (iv) a list of names of the Executive Committee of the party; (v) treasury 'challan' showing payment of registration fees; (vi) list of bank accounts of the party; (vii) description of income s......hereby declared to have been given without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 14.
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Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
....p;(1982) 3 SCC 235, standing was allowed to a public spirited organization on behalf of the laborers engaged in construction works in the various projects connected with Asian Games, 1892 complaining payment of wages less than what was minimum permissible by law. While explaining the nature and scop......নোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮)
(..to be continued at CLC ID ( 9365 )
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Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
Zahir Fakir (Md.) and oth¬ers Vs. Hahma Khatun and others, 2013, 42 CLC (HCD)
....77 acres of land to defendant No.1 by registered sale deed No.3597/78. In the above way defendant Nos.1-3 lawfully acquired title to the entire suit property and have been possessing the same on payment of rent regularly. 4. After transfer of the suit property as such, the plaintiffs went ......urts records along with a copy of this judgment to the concern Court forthwith for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 240 ..Category: Property Law | Date: 25 Jul, 2013 | Hits: 6
Md. Lokman Hakim and Others Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)
....e parent provision of section 53 of the Income Tax Ordinance 1984 and accordingly it shall have no legal effect. The notices issued under such provision directing the assessee-writ-petitioner to make payment of Advance Income Tax is declared to have been issued without lawful authority having no leg......o the writ petitioners. In the result, these rules are made absolute. However, there shall be no order as to cost. Mohammad Ullah J. - I agree. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 25 Jul, 2013 | Hits: 121
Younusuzzaman (Badal) Vs. State and another, 2013, 42 CLC (HCD)
..... The provisions of section 138 of the Negotiable Instruments Act, 1881, which reads as follows: “138. (1). Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account is returned by the bank un......When the Managing Director of the Company is made party, there is no necessity for making the Company a party as the Director represents the company...................(15) The matter whether the cheque is a valid one or not and whether or not it was presented after four years of its maturity ar..Category: Criminal Law | Date: 25 Jul, 2013 | Hits: 140
Sarwar Hossain Moni (Md.) Vs. State and another, 2013, 42 CLC (AD)
.... the endorsement "insufficient fund". Then the complainant through his lawyer sent a legal notice to the accused on 22-6-2008 by registered post with acknowledgement by making demand of the payment of the said amount only, but the accused in spite of receipt of the notice did not take any ......punishable under section 138 of the Negotiable Instruments Act, 1881 (the Act, 1881) by the accused-petitioner. 3. In CR Case No.4131 of 2008, it was alleged that the accused-petitioner issued a cheque in favour of the complainant bearing No.50/Kha(চ) 1204311 dated 30-4-2008 for an ..Category: Criminal Law | Date: 24 Jul, 2013 | Hits: 8
Zahidul Islam (Md.) Vs. Md. Kamal Hossain and another, 2013, 42 CLC (AD)
.... a petition of complaint after expiry of one month of the date on which the cause of action arises under clause (c) of the proviso to section 138. The moment the period of thirty days expires and the payment of the dishonored check is not made within the said period prematurity shall be cured &helli......ssion of an offence by him 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 respondent issued a cheque bearing No.0823202 dated 15-4-2007 drawn on Mercantile Bank Limited, Rajshahi for Taka ..Category: Others, Procedural Law | Date: 23 Jul, 2013 | Hits: 9
Ayurvedia Pharmacy (Dhaka) Ltd. Vs. Meher Banu Bibi and others, 2013, 42 CLC (AD)
..... In the instant case without compliance of such provision plaintiff-petitioner filed this suit for Specific Performance of Contract on the basis of unregistered deed of agreement and without payment of balance amount as required by law. So the court below and the High Court Division has ta......in which deserves our interference. In that view of the matter the petition for leave to appeal is hereby dismissed Ed. This Case is also Reported in: 21 BLT (AD) (2013) 229. ..Category: Civil Law | Date: 7 Jul, 2013 | Hits: 13
Golam Rasul Belal Vs. Habibullah Shakir and another, 2013, 42 CLC (AD)
....e not opaque or absent to conceive...... (16) The purpose of the object of issuing notice indicating the factum of dishonor of the cheque is to give an opportunity to the drawer to make the payment within the stipulated period, so that it will not be necessary for the payee to proceed agai......ost. Reasons behind this presumption as embodied in law, are not opaque or absent to conceive...... (16) The purpose of the object of issuing notice indicating the factum of dishonor of the cheque is to give an opportunity to the drawer to make the payment within the stipulated period, so ..Category: Criminal Law | Date: 11 Jun, 2013 | Hits: 10
Sahab Uddin (Md.) Vs. State and another, 2013, 42 CLC (HCD)
....ce during the trial. In view of the above, we find no merits in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 86. ...... The Negotiable Instruments Act, 1881 (XXVI of 1881); sections 123A & 138 (1) The legislative mandate as used in clause (a) of sub-section (2) of section 123 A of the Act, 1881 that when a cheque is crossed "account payee" shall cease to be negotiable means it cannot be negotiat..Category: Civil Law | Date: 11 Jun, 2013 | Hits: 14
Moon Construction Company Limited Vs. Government of Bangladesh & others, 2013, 42 CLC (HCD)
....n view of that, the running bill of Taka 68, 18, 854, 18 was prepared by respondent Nos. 7 and 8 on the basis of the completed work for the packages and forwarded the same to the respondent No. 2 for payment in the month of October, 2011. 4. On 1-3-2012, the petitioner submitted an application ......ent. Office is directed to communicate the copy of this judgment forthwith. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 193 ..Category: Constitutional Law | Date: 16 May, 2013 | Hits: 4
ABSCO Limited Vs. Artha Rin Adalat No.2, Dhaka & another, 2013, 42 CLC (HCD)
..... 2 disbursed the said amount in favour of the petitioner No.1 company who opened L/C for importing, the machineries. After availing the said facilities the petitioner No.1 started repayment of installments to the respondent No. 2 as per terms and conditions of the sanction but at a......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
Hasan Chowdhury (Md.) Vs. Bangladesh Bank and others, 2013, 42 CLC (HCD)
....manner. In writ petition No. 16520 of 2012 Rule Nisi was issued calling upon the respondents to show cause as to why the inaction of the respondents Nos. 1-5 as regulatory authority in respect of non-payment of the documentary bill under the Inland L/C No. 1810-12-99-0027 dated 25-4-2012 (Annexure -......nd also to communicate the compliance of our direction to the Registrar of the Supreme Court without any fail. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 533. ..Category: Banking Law | Date: 2 May, 2013 | Hits: 3
Sheikh Shahadat Hossain (Md.) Vs. National Board of Revenue, and others, 2013, 42 CLC (HCD)
....tion 196D of the said Act. 3. In Customs Appeal No. 22 of 2007, the appellant (Dhaka Beijing Dyeing and Weaving Industries Ltd, Banani, Dhaka) imported 23,850 Kg. threads and released them after payment of duties through Bill of Entry No. 2030 dated 12-2-2004. According to the appellant-importe......vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522 ..Category: Fiscal/Taxation Law | Date: 25 Apr, 2013 | Hits: 2
Abdul Mukid (Md.) Vs.. Artha Rin Adalat Khulna and another, 2013, 42 CLC (HCD)
....laneous case filed by respondent No.2 under Article 27 of President Order No.7 of 1973. He submits that Artha Rin Adalat only entertain Suit (মামলা) filed by the financial institutions upon payment of ad valorem Court fee. However, in the present case the Artha Rin Adalat having entertaine......d or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 211. ..Category: Corporate Law | Date: 21 Apr, 2013 | Hits: 4
Dr. AH Ali Haider Qureshi Vs. Dr. Ali Asker Qureshi, 2013, 42 CLC (HCD)
.... 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 ......e said agreement the defendant was required to pay 1(one) year's monthly rent in advance and accordingly the defendant paid Taka 6, 00,000 (six lacs) to the attorney of the plaintiff through cheque. Subsequently the defendant since not paid rent from January, 1994 AD the plaintiff filed the..Category: Property Law | Date: 6 Mar, 2013 | Hits: 3
Dhaka City Corporation Vs. Firoza Begum & others, 2013, 42 CLC (AD)
....r, DCC to continue the activities of the said third project even after its completion of the own fund of DCC. Followed by the office order dated 23rd of April, 2003 the Secretary, DCC approved of the payment of arrear salaries and other service benefits to writ-petitioners from February, 2001 to Feb......on are based on proper appreciation of laws and facts. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 145. ..Category: Constitutional Law, Employment/Service Law | Date: 6 Mar, 2013 | Hits: 17
Md. Mostafa Vs. Nrayangonj District Council and others, 2013, 42 CLC (AD)
....at so long Ext. ‘Ka’ stands, the plaintiff is estopped from claiming any title in the suit land through the heirs of Harun Bepari inasmuch as in the previously instituted suit, the Court believed payment of compensation to the sons of Harun Bepari. 9. As the suit land is common in both Title ...... Court. We do not find any cause to interfere with the impugned judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 1 Mar, 2013 | Hits: 115
Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)
....randum of Understanding. On 30.6.1996 a summary was prepared for the Prime Minister who signed it on 30.06.1996. In fact it was sent to the Office of the Prime Minister on 01-07-1996, to pay 10% down payment, an amount of US$ 10 Million to the Deawoo Corporation for the said Frigate in the Financial......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)
....secondly, whether the plaintiff has failed to perform his promise which has compelled the defendant to rescind the agreement. The defendant did not dispute the execution of the agreement and the payment of advance money out of the total consideration amount. In view of the conflicting claims, t......ismissed. The appeal is dismissed with the above modification of the judgment, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ..Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42
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