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IFIC Bank Ltd. and others Vs. Beximco Holdings Ltd. and others, 2004, 33 CLC (HCD)

....ith interest and other charges. They authorised the plaintiff Nos.2 and 3 Chairman and Managing Director and Vice-Chairman and Director of the Beximco Holdings to sign and execute the guarantee for repayment of said outstanding dues for and on behalf of the Beximco Holdings. Accordingly, plaintiff N......ion for temporary injunction is also dismissed. Connected Civil Rule No. 654 (FM) of 2004 is accordingly disposed of. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 154...

Category: Civil Law | Date: | Hits: 71

Rafiqul Alam (Md.) MD Dhaka Mercantile Co‑operative Bank Ltd. Vs. State, 2004, 33 CLC (HCD)

.... of an audit report under section 46 or from an inquiry report under section 49 that any member of the Managing Committee or any member or employee of a Co‑operative Society intentionally makes any payment in violation of the Act or Rules or that the Society has sustained loss by reason of his act...... is hereby quashed. The petitioner is discharged from the bail bond. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 145. ..

Category: Criminal Law | Date: | Hits: 89

SMA Matin Sarker Vs. Bangladesh Jute Mills Association and another, 2004, 33 CLC (HCD)

.... Section of the Association to collect all legal and arrear dues accrued to him at per terms and conditions of service. It is farther contended that whenever the demand was made by the petitioner for payment of the arrear dues the respondent No.1 though admitted the liability refused to pay the same......judgment be sent to the Secretary, Ministry of Law, for his perusal and necessary action and the Secretary, Law Reforms Commission, Dhaka. Ed. This Case is also Reported in: 57 DLR (2005) 128. ..

Category: Employment/Service Law | Date: | Hits: 144

Chief Election Commi­ssioner and 3 others Vs. Controller and Auditor General of Bangladesh and 4 others, 2004, 33 CLC (HCD)

.... cause as to why the actions taken by the respondents directing the petitioners to refund and deduct the amount granted and paid/payable to the petitioners as gratuity and net pension and withholding payment of their monthly salary/remuneration pursuant to the orders vide (i) Memo dated 17‑3‑200......already been deducted earlier, on account of pension. In the result, this Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 113. ..

Category: Employment/Service Law | Date: | Hits: 99

Daulatpur Ice Cold Storage Ltd. and another Vs. Chairman, Power Development Board and others, 1999, 28 CLC (HCD)

....o. F/220 shall not be declared to have been prepared without lawful authority and is of no legal effect and why the respondent shall not be directed to prepare a bill of 91200 units and to accept the payment of the said bill forthwith. 2. The petitioner No.1, Daulatpur Ice and Cold Storage Ltd., ......­1994 evidenced by Annexure 'H' to the application is declared to have been issued without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 57 DLR (2005) 109. ..

Category: Others | Date: | Hits: 135

Dada Engineering Ltd. Vs. Commissioner, Customs Excise and VAT Commissionerate and other, 2010, 39 CLC (HCD)

....t of the SPC poles through Musuk-11 challan by the respondent No.6, the respondent No.5 being concerned authority pre­pared two lists of Musak 11 challan and other par­ticulars for ascertaining the payment of VAT by making adjustment in the current account register. The respondent No.2 Superintend......08 (Anriexure-F) and dated 3-9-2008 (Annexure-I) are hereby declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (2011) 61. ..

Category: Fiscal/Taxation Law | Date: | Hits: 140

Lalit Kumar Roy and 2 others Vs. Krishnapada Biswas & others, 2002, 31 CLC (HCD)

....se at hand deals with an alienation for legal necessity. What is legal necessity is also now settled. Legal necessity as recited in the deed of sale Exhibit A was for paying off the debts incurred in payment of rent of the estate and legal costs in litigation, and also for maintenance of the widow. ......held. Order of status quo as granted at the time of issue of the Rule on 16-8-99 is recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 80. ..

Category: Property Law | Date: | Hits: 64

Intertek Testing Service (BD) Ltd. and another Vs. President, Appellate Tribunal, Customs, Excise and VAT, Dhaka and others, 2003, 32 CLC (HCD)

.... Provided that such person may, instead of depositing as aforesaid the entire amount of the penalty, deposit only fifty per cent thereof and furnish a bank Guarantee from a schedule bank for the due payment of the balance: Provided further that where, in any particular case, the appellate author...... hence, of no legal effect. The Appellate Tribunal is hereby directed to dispose of the appeals in accordance with law as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 74. ..

Category: Fiscal/Taxation Law | Date: | Hits: 122

Noor Alam Vs. Sonali Bank and others, 2011, 40 CLC (HCD)

....ranch against current account of the wife of the defendant No. 2 which was dishonoured twice by the Bank. In spite of repeated reminder letters issued by the plaintiff bank to the defendant No. 2 for payment against the Bank Guarantee, nothing was done. Under this facts and circumstances the plainti......rict Judge, Dhaka dated 28.6.1982 the aforesaid Misc. Appeal was struck off; that the defendant No. 1 was required to make marginal deposit of Tk. 3,25,000/- out of which Tk.2,61,000/- was given by a cheque of Agrani Bank, Ramna branch against current account of the wife of the defendant No. 2 which..

Category: Procedural Law | Date: | Hits: 107

Industrialisation Fund for Developing Countries Vs. Northern Corporation Limited, 2010, 39 CLC (HCD)

....ereunder in the form of a Guarantee provided by the Local Partner ("LP"), i.e., the Opposite Party Northern Corporation Limited, also a Bangladeshi entity: "Article 14. Guarantee.- 1. The due repayment of principal, and payment of interest to the Fund on the Loan, and of all other charges or a......n the Opposite Party and Mr. Kamal-ul Alam by a Special Messenger at the cost of the Petitioner. Ed.  This Case is also Reported in:16 MLR (HCD) (2011) 313; 30 BLD (HCD) (2010) 623.  ..

Category: Alternative Dispute Resolution | Date: | Hits: 222

Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....ctual employees of BFCC are also getting these benefits which show that they are being treated as permanent employees of Biman for all practical purposes. Further, the Administrative Order concerning payment of gratuity to the contractual employees of BFCC also contemplates that they would go on wor...... The Rule, therefore, fails.  Accordingly, the Rule is discharged without any order as to costs.  Ed. This Case is also Reported in: 63 DLR (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ..

Category: Employment/Service Law | Date: | Hits: 145

Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)

....onstitutional fiats like Fundamental Rights guaranteed under the Constitution. ‘FAP-20’ is an experimental project for controlling flood. In the event of undertaking of such experimental project, payment of adequate and just compensation to all the persons affected directly or indirectly or casu......ance with the directions made above. Having regard to the facts and circumstances of the cases, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 84. ..

Category: Environmental Law | Date: | Hits: 1051

Standard Manufacturing Company Ltd. Vs. Government of the People’s Republic of Bangladesh and others, 1997, 26 CLC (HCD)

....question was taken by the Customs authority in violation of the provisions of section 199 of the Customs Act, 1969 and, as such, the impugned order dated 11-10-92 for encashing the Bank Guarantee for payment of Taka 1,69,290.16 is without lawful authority and of no legal effect. He further submitted......the above facts and circumstance we find no merit in this Rule. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 79. ..

Category: Fiscal/Taxation Law | Date: | Hits: 117

Jahanara Hasan and another Vs. Md. Nazrul Islam & another, 1997, 26 CLC (HCD)

....ed 1-3-83; the terms and conditions in the said agreement, inter alia, were that the tenant without consent of the landlord would not sub-let the suit premises and the tenancy would terminate for non payment of rent for consecutive three months; that the defendant No.1 in violation of those terms se......ned order. In the result, the Rule is discharged. There will be no order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 65. ..

Category: Property Law | Date: | Hits: 64

Dr. Habibur Rahman MP and others Vs. Shamsun Nahar, 1997, 26 CLC (HCD)

....order of suspension of opposite party is illegal, mala fide and without jurisdiction. He further submits that after passing of the order of suspension the managing committee of the school stopped the payment of salary of the opposite party for which she filed application to the Director General of t...... the learned Assistant Judge, Sonatala, Bogra, in Civil Suit No.91 of 1996 are restored. However, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 62...

Category: Employment/Service Law | Date: | Hits: 101

M R Sikder Vs. Bangladesh Water Development Board, 1996, 25 CLC (HCD)

.... be entertained by the Court unless the applicant has deposited in the Court the amount which he is required to pay under the award or has, furnished security to the satisfaction of the Court for the payment of such sum or for the fulfillment of any other obligation by him under the award. 8. Acc......s application. The Rule is accordingly discharged without any order as to costs. The order of stay passed earlier is hereby vacated. Ed. This case is also Reported in: 49 DLR (HD) (1997)113. ..

Category: Alternative Dispute Resolution | Date: | Hits: 245

Mahmudul Hoque and 5 others Vs. Nowab Ali Chowdhury and 18 others, 1985, 14 CLC (HCD)

.... 2. Plaintiffs filed Partition Suit No.98 of 1970 claiming 11 kanis 14 gandas of land or the quantum of land decided by the Court in their share out of 24.78 acres of the suit land by partition, on payment of fixed Court fee and subsequently on Payment of ad valorem Court fee, on 26-11‑77, in co......hs from the date of receipt of the lower Court record. Let the lower Court record be sent down to the Court concerned expeditiously. Ed. This case is also Reported in: 49 DLR (HD) (1997) 92 ..

Category: Civil Law | Date: | Hits: 86

Faiz Ahmed Chowdhury Vs. Arif Ahmed, 1994, 23 CLC (HCD)

....suit premises became tenant under the plaintiff firstly at a monthly rent of Taka 10.00, then at the rate of Taka 30.00 and finally at the rate of Taka 40.00 per month. But the defendant defaulted in payment of rent and that the plaintiff also required the suit premises for his own bona fide use and......order as to costs. The stay granted earlier by this court is hereby vacated. Communicate this order to the court concerned at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 89...

Category: Property Law | Date: | Hits: 59

Sharifuddin (Md.) Vs. Md. Mofizuddin Sarker and others, 1994, 23 CLC (HCD)

....idature of Opposite Party No.2 Mr. Faizur Rahman on the ground that he incurred disqualification under section 7(2)(g) of the Local Government (Union Parishads) Ordinance, 1983 and was a defaulter in payment of the loan taken from Sonali Bank, Muktagacha Branch. The allegation was enquired into and ......s. The authority concerned is directed to take expeditious step for holding re-election in view of the term office of the chairman. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 86. ..

Category: Election Law | Date: | Hits: 148

Chittagong Port Authority and another Vs. M/s. Crete Construction Company Ltd., & another, 1978, 7 CLC (AD)

....dent 1 is to submit all statements of expenditure on or before 30-4-76. Appellant 1 should accept or reject any or all statements of expenditure on or before 31-5-76, and that Appellant 1 should make payment after adjustment of Port dues on all admitted claims on or before 30-6-76. An arbitration cl...... stay. This is also a good ground for not granting stay of the suit. For the foregoing reasons this appeal is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 138. ..

Category: Alternative Dispute Resolution | Date: | Hits: 161