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Dutex Enterprise Co. Ltd. Vs. RMS Textile and Apparels Ltd. and others, 2010, 39 CLC (HCD)

....ty of goods shipped or deal with other performance of the seller to which the document may be related." 18. House of Lords in 1983 HL 168 in the case of UCM Vs. Royal Bank of Canada held: "The whole commercial purpose of which the system of confirmed irrevocable documentary credits has been d......ncellation of the Master L.C. No.IC006096U dated 28-06-2004 as amended on 07-07-2004 is illegal, void, inoperative and not binding upon him. (b) A decree be passed against defendant Nos.1-7 for an amount of US$ 5,20,708.20 equivalent to BD Tk.3,12,42,492.00 in favour of him and against defendant ......ssible, preferably within six months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 393. ..

Category: Business or Commercial Law | Date: | Hits: 365

Md. Munsur Ali & others Vs. Sher Mohammad being dead his heirs: 1(A) Most. Tara Bibi and others, 2009, 38 CLC (HCD)

....tay granted earlier by this Court stands vacated. Let a copy of this judgment along with lower Courts record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 363. ......tay granted earlier by this Court stands vacated. Let a copy of this judgment along with lower Courts record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 363. ...... Haji Bilat Ali, father of the plaintiff-petitioners transferred 1.32 acres of land to Faki Bibi, mother of the plaintiff-petitioners by a registered deed of kabala dated 11.2.61 in lieu of her dower money as well as the defendant opposite parties created two false deeds of Heba-Bil-Ewaz being deed ..

Category: Property Law | Date: | Hits: 66

Md. Hasan Habib alias Ahsan Habib and others Vs. Government of the People's Republic of Bangladesh and others, 2010, 39 CLC (HCD)

....ischarged without any order as to cost. The order of stay stands vacated. Communicate the judgment to respondent No.2 at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 359. ......ant-petitioners and others by judgment and decree dated 14.2.1999 in preliminary form and the final decree was drawn up and signed on 20.4.2000. The judgment debtors having failed to pay the decretal amount, the Bank on 14.3.2001 filed Title execution case no 24 of 2001 for execution of the decree a......ni Bank as plaintiff filed Title Suit No.153 of 1996 in the Court of Sub-Judge and Artha Rin Adalat, First Court, Dhaka impleading the petitioners and others as defendants in the suit for recovery of money and subsequently the said suit was transferred to the Court of Subordinate Judge and additiona..

Category: Civil Law | Date: | Hits: 85

Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)

....itled to get any relief as prayed for. Hence the rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 353. ......urt Division while exercising power under section 561A should not usurp the jurisdiction of the trial court. The power under the section has been vested in the High Court to quash a prosecution which amounts to abuse of the process of the court. It cannot be exercised by the High Court Division to h......that the accused petitioner in due time must paid the loan but he failed to do so and that the bank time to time made a direction to accused No.1 and accused No.2, Md. Shamsuddin Khan to pay the loan money but the accused No.1 and accused No, 2 did not pay the loan money. It is further stated that t..

Category: Procedural Law | Date: | Hits: 79

Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)

....is directed to dispose of the suit within 3(three) months from the date of receipt of this order in the interest of all the parties. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 133. ...... of the suit. 2. The relevant facts in short are that the defendant-appellant (hereinafter called 'the appellant') filed Arthorin Adalat Case No.33 of 2002 against the respondents for realising an amount of Tk.39 lac and odd. The respondents contested the suit by filing written statement. The afo...... payment on two occasions and thereafter when the project was completed and full payment was realised by the Siemens they in collusion with the bank did not make any further payment and withhold that money even after receipt of final payment from the SMC. It is contended in the plaint that the respo..

Category: Civil Law | Date: | Hits: 87

State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)

....tionally by drawing a fence between that part of the building that was included in the submitted plan (not approved) and that portion which was not so included, notwithstanding that the building as a whole was constructed without approval. 43. The respondent No.2, RAJUK, also filed its own, inde......implementing ambitious Hatirjheel Project. It is claimed that RAJUK appears to be emasculated in purging the illegalities that has been perpetrated by BGMEA: it went no further than imposing a meager amount of fine. 28. Following the issuance of the Rule, BGMEA, which had been impleaded as the re......ce demolition is irrestitible. In his vocabulary, if BGMEA is allowed to retains its illegal structure on the plea of its contribution to the national exchequer, and on the plea that enormous sums of money had been expended to construct it, and that the parts of the building had been sold to innocen..

Category: Constitutional Law | Date: | Hits: 642

Rais Ali alias Md. Rais Ali and others Vs. Mst. Hajera Khatun and others, 2009, 38 CLC (HCD)

....the time of issuance of the rule is hereby vacated. Send down the lower Court records alongwith a copy of the judgment immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 62. ......ch was lesser than the market values, then only he agreed to purchase the land. The seller getting no way left to protect the marriage of his daughter, agreed to the land to the preemptor No.2 for an amount of Tk. 50,000/- and took Tk.3,000/- as advance. But the talk ultimately failed and the advanc......way left to protect the marriage of his daughter, agreed to the land to the preemptor No.2 for an amount of Tk. 50,000/- and took Tk.3,000/- as advance. But the talk ultimately failed and the advance money was taken back and the seller sold the lands to the pre-emptors for an amount of Tk.60,000/- a..

Category: Civil Law | Date: | Hits: 192

Bangladesh House Building Finance Corporation Vs. Mosammat Amena Begum, 2010, 39 CLC (HCD)

....ous Execution Case No.14 of 2004 is hereby affirmed. Let a copy of this judgment and order be communicated to the Court concerned. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 194. ...... judgment and order dated 22.09.2003 allowed the said Miscellaneous Case giving permission to sale the property described in the schedule to the petition for realization of the outstanding loan money amounting to Taka 2,17,253.44/=. 4. Thereafter the petitioner corporation filed Miscellaneous Exe......e Court of District Judge, Chuadanga against the opposite-party for permission to sale the properties, mentioned in the scheduled to the petitioner, in auction to realize Taka 2,17,253.44/=, the loan money along with interest. 3. The learned District Judge, Chuadanga by the ex parte judgment and ..

Category: Civil Law | Date: | Hits: 276

Veena Khaleque and others Vs. State, 2009, 38 CLC (HCD)

....anted earlier is hereby vacated. Send a copy of this judgment to the court concerned at once for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 762. ......ansport allowance for 25 months at the rate of Taka 1000 per month, Taka 289948 as a cost for searching of a motor cycle and Taka 5,08,320 as overtime dues. But the accused persons without paying the amount to the complainant and in order to grab the same terminated him from service on 1-12-05. As u......¦â€¦â€¦Opposite Party Judgment Aueust 20, 2009. Result: The Rule is made absolute. Out of a contract of service between the employer and employee, whatever its kind may be, if a sum of money as salary, allowance, emolument etc. is due to the employee to be paid by the employer, the fo..

Category: Employment/Service Law | Date: | Hits: 238

Dr. S.M. Eunus Ali Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)

....as to cost. The stay order stands vacated. Send copy of this judgment to the Artha Rin Adalat, 2nd Court, Jessore. Nozrul Islam Chowdhury J.-I agree. Ed. This Case is also Reported in: ...... it was detected , the plaintiff offered the petitioner a loan of Taka 30,00,000/-(thirty lacs) on condition that the Over Draft of Taka 16,55,546/- was to be adjusted from the said loan and the rest amount will be given to the petitioner and the plaintiff obtained from the petitioner collateral sec......e petitioner is a borrower of a loan of Tk. 21,19,830/- sanctioned by the respondent No.2, Rupali Bank, Mongla Port Branch in 3 phases and subsequently as the petitioner defaulted to pay the borrowed money as per terms and conditions of the sanction letter, the respondent bank on 29.4.2003 institute..

Category: Civil Law | Date: | Hits: 254

Ibrahim Akand and others Vs. Securities and Exchange Commission and others, 2009, 38 CLC (HCD)

....ble him to file CMP before the Appellate Division. The prayer is allowed and the operation of the Judgment is stayed for one (1) week. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 49. ......in 2007 by issue of bonus shares. 28. The latest amendment to the Rules permits extension of the period by the unit-holders and if that is so then the so-called limitation as to the period and the amount of the fund is no longer there. In fact, there was no restriction before the impugned amendme...... and the small investors lost a total of Tk. 5708441250/- The drop in price of mutual funds resulted in an overall downbeat market. Investors failed to make new investments owing to blockage of their money. The DSE index fell almost 300 points after the final decision to amend. 7. Financial year ..

Category: Business or Commercial Law | Date: | Hits: 462

Md. Nur Alam and another Vs. State, 2012, 41 CLC (HCD)

....ated as the FIR, and the formal FIR as a statement recorded under section 161 of the Code, 1898, that does not in any way affect the credibility of the prosecution case or the evidence on record as a whole……......….(34) Case Referred to- The State Vs. Md. Farid Karim, 8 BLT (AD) 87; Dula......w for securing their arrest. Send a copy of this judgment and order to the said court along with the lower court records. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ...... and found the accused persons. He also stated that the accused persons confessed in his presence that they had killed the victim Rafiq by strangulation. He further stated that Police had recovered a money bag and a shorts from the house of the accused A. Latif and prepared seizure list. He proved t..

Category: Criminal Law | Date: | Hits: 170

Transfin Trading Ltd. Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)

....duty payable by the petitioner within a period of 30 days from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 359. ......0. Result: The Rule is made absolute. The Customs Act, 1969 (Act No. IV of 1969); Section 81 Where any goods are allowed to clear or released on the basis of provisional assessment the amount of duty actually payable on those goods shall within a period of 150 working days from the da......duty payable by the petitioner within a period of 30 days from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 359. ..

Category: Fiscal/Taxation Law | Date: | Hits: 194

Kamal Imports and Exports Ltd. & another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)

....eived in the above two writ petitions to the respective petitioners within a period of 1 (one) month from the receipt of the judgment. Ed. This Case is also Reported in: 16 BLC (HCD) (2011)351. ......f Entries but the petitioner only paid Taka 19,41,172 as VAT at the supply stage so it is clear that Taka 1,21,98,503 is unpaid till to date and since the petitioner failed to take rebate of the said amount within stipulated period as per Section 9(1) of the VAT Act, 1991 and Rule 19(2) of the VAT R......eived in the above two writ petitions to the respective petitioners within a period of 1 (one) month from the receipt of the judgment. Ed. This Case is also Reported in: 16 BLC (HCD) (2011)351. ..

Category: Fiscal/Taxation Law | Date: | Hits: 220

Gopinath Das and others Vs. Government of Bangla­desh & others, 2010, 39 CLC (HCD)

.... of Plaintiff No.1 (since dead) on acceptance of rent and granted rent receipt therefrom. Accordingly said GC Basak delivered possession of the suit land to plaintiff No.1. 5. It appeared that the whole area of suit land was not covered by CS plot Nos.40, 48 and 36. GC Basak upon a wrong impressi......ng and catching fish in low-lying area while in the remaining land he used to grow crops sometimes by himself and some­times through bargadars. He also developed a por­tion of land by spending huge amount of money. GC Basak left for Calcutta around 1359 BS where he died shortly thereafter. His onl......ching fish in low-lying area while in the remaining land he used to grow crops sometimes by himself and some­times through bargadars. He also developed a por­tion of land by spending huge amount of money. GC Basak left for Calcutta around 1359 BS where he died shortly thereafter. His only son Rash..

Category: Property Law | Date: | Hits: 149

Sayed Hasan Imam Litu Vs. Al-Arafah Islami Bank & another, 2011, 40 CLC (HCD)

..... In the result the Rule is discharged. The Order of stay granted earlier is hereby vacated. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 255. ......ccount No.3300963 have expansion of business. The oppo­site party obtained a loan from the bank but subse­quently, since the vested of enhance for nonpayment of the loan and in Order to pay partial amount of loan on 30-9-03 issued a cheque being AIB/CD- No.8766151 for Taka 2,95,814 and the petitio......payment of the loan and in Order to pay partial amount of loan on 30-9-03 issued a cheque being AIB/CD- No.8766151 for Taka 2,95,814 and the petitioner sub­mitted a cheque for encashment of the said money to the bank on different dates but it was dishonoured, and on 23-2-2006 finally dishonoured. T..

Category: Civil Law | Date: | Hits: 217

Shah Alam (Md.) Vs. Bangladesh Water Deve­lopment Board, 2012, 41 CLC (HCD)

....rder of stay at the time of issuance of the rule is hereby vacated. Let a copy of the Judgment be sent to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 245. ......ontrol Embankment in Reach No.K-1(A) at length of 32.00 chainage both sides of Gomati River from Eliotgonj to Kushiara under sub-project of Gomati first phase during the year 1987-88; original tender amount was Taka 21,04,600; total work at length 0.00-32.00 chainage; during progress of the work, op...... Advocate further submits that the security as filed by the opposite party is nothing but personal bond and if the plaintiff be given decree then it will take 100s of litigations to get the decreetal money from the opposite party. Learned Advocate further sub­mits that opposite party being a Govern..

Category: Civil Law | Date: | Hits: 195

Bank of Small Industries & Commerce Bangladesh Vs. Shahabuddin Ahmed, 2012, 41 CLC (HCD)

....receipt of the lower Court records. Send down the LCRs along with a copy of the Judgment and order to the Court below immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 241. ......essman, opened several accounts in the petitioner-bank with false and ficti­tious names in collusion with two Bank employees-defendants 2-3 and they in collusion with each other misappropriated huge amount of Taka 6,53,656.58 (Six lack fifty three thousand six hundred fifty six fifty eight paisa) f......ble, as such, an order is appealable under Order XLIII Rule 1 of the Code of Civil Procedure. The learned Advocate submits further that the decree-holder's first execu­tion case relating to the same money decree was filed earlier and it was dismissed on limitation ground. So, the 2nd execution case..

Category: Civil Law | Date: | Hits: 161

Harunor Rashid Halder Vs. Entaj Sheik & others, 1983, 12 CLC (HCD)

....Rule is discharged. The impugned proceeding is set aside. Send down the record at once. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 286. ......l party could not be allowed to disregard. It was not proper to initiate a second pro­ceeding under section 145 Cr.P.C. for main­taining peace and any such legal proceeding taken subsequently would amount to an abuse of the process of Court, the object of which would be only to harass a party who ......Rule is discharged. The impugned proceeding is set aside. Send down the record at once. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 286. ..

Category: Criminal Law | Date: | Hits: 88

Azibur Rahman Alias Arzu Vs. Kala Miah & another, 1982, 11 CLC (HCD)

..... The appeal and the Rule are accordingly disposed of. Parties are made to bear their own costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 77. ....... The appeal and the Rule are accordingly disposed of. Parties are made to bear their own costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 77. ......erty attached before Judgment, such claim shall be investigated in the manner herein before provided for the investi­gation of claims to property attached in execution of a decree for the payment of money." 7. Order 21 Rule 58 of the C.P.C pro­vides the manner of investigation of claims to prop..

Category: Procedural Law | Date: | Hits: 146