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Shamir Chandra Sajwal and others Vs. Government of Bangladesh, 2013, 42 CLC (HCD)
....vour of the plaintiffs as observed by the Trial Court is unrebutted, the impugned judgment is not sustainable in law. The learned Counsels further submit that the possession follows the title and non payment of rent does not extinguish title of the plaintiffs in the suit property. Without reve......no order as to costs. Let a copy of the judgment along with the Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 386. ..Category: Procedural Law | Date: 13 Feb, 2013 | Hits: 8
Mohammad Elias Vs. Commissioner of Customs, Chittagong and others, 2013, 42 CLC (HCD)
....vying customs duties and taxes of the goods on the basis of commercial invoices. 2. At the time of issuance of the Rule, an interim order was passed to allow the petitioner to release the goods on payment of duties on the basis of invoice value and on furnishing bank guarantee for the difference ......final assessment within a period of four months from receipt of this order. Communicate the judgment to respondents No.1-4. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 28 Jan, 2013 | Hits: 59
Shafiqul Alam (Md.) Vs. State, 2013, 42 CLC (HCD)
....ey deed. Subsequently, when he came to Know about the allegation against his vendor Md. Alam Khan, he tried to get refund of the money he advanced. As the accused No.1 issued cheques against the part payment of advanced consideration of money and those cheques were dishonoured, he had to file CR Cas......of forged power to attorney deed. Subsequently, when he came to Know about the allegation against his vendor Md. Alam Khan, he tried to get refund of the money he advanced. As the accused No.1 issued cheques against the part payment of advanced consideration of money and those cheques were dishonour..Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4
Abul Khair Chandu Vs. State and another, 2013, 42 CLC (HCD)
....accused-petitioner in the form of loan on the assurance of refunding the money within one year. But he failed to repay the amount of loan. As such, the accused-petitioner issued a cheque towards part payment of the dues amounting to Taka 35 lac in favour of the complainant bank on 1-12-2004, but it ......ish business of the accused-petitioner in the form of loan on the assurance of refunding the money within one year. But he failed to repay the amount of loan. As such, the accused-petitioner issued a cheque towards part payment of the dues amounting to Taka 35 lac in favour of the complainant bank o..Category: Banking Law, Criminal Law | Date: 7 Jan, 2013 | Hits: 2
Md. A.K. Azad Vs. Kaptex Limited and others, 2012, 41 CLC (AD)
....ust the loan (if not adjusted by this time in any other manner) and to disburse the FDR proceeds amongst the three FDR holders, in equal proportion, being confirmed about their identification. Upon payment of the amount in this way the bank shall stand discharged from its liability". It is agains......shall stand discharged from its liability" is hereby expunged. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 36. ..Category: Company Law | Date: 12 Dec, 2012 | Hits: 30
TLRA Holding Ltd Vs. Customs, Excise and VAT Appellate Tribunal & others, 2012, 41 CLC (HCD)
.... delivery thereof evading the VAT on such produced of Taka 1,98,15,505.75 for which the authority under the provision of section 55(1) of the VAT Act 1991 served demand notice upon the petitioner for payment of Taka 1,98,15,505.75 to the Government treasury challan and in the meantime filed a case a......Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 94. ..Category: Fiscal/Taxation Law | Date: 10 Dec, 2012 | Hits: 6
Muzibul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ligonj Branch and was favoured with sanction of loan facilities amounting to Taka 18.20 Million on 15-3-2006. The respondent No. 2, Bank disbursed Taka 1, 00, 70,000 (one crore seventy thousand) payment of instalment started from 13-11-2007. Due to natural disaster AILA and exportation res......-2-2009 made a prayer to the respondent No. 2, Bank to reduce his interest which was rejected on 2-3-2009. The respondent No. 2, Bank then issued a final notice on 27-7-2009 asking for the payment of cheque amounting to Taka 59, 23,323 by 31-7-2009 failing which it was further mentioned by the Bank ..Category: Banking Law | Date: 6 Dec, 2012 | Hits: 3
.... decree, defendant No.8 filed Appeal from Original Decree No.42 of 2006 before the High Court Division.
5. A Division Bench of the High Court Division on hearing the appeal allowed it subject to payment of Taka 1,00,000 (one lac) only as costs along with other directions. Against this judgment ......e of receipt of the copy of this judgment. The trial Court is directed to dispose of the suit as expeditiously as possible.
Ed.
This Case is also Reported in: 18 BLC (AD) (2013) 104.
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Category: Procedural Law | Date: 5 Dec, 2012 | Hits: 75
Shahidur Rahman Khadem Vs. State and another, 2012, 41 CLC (AD)
.... it relates to enhancement of sentences of fine" are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 296. ......ne. In Metropolitan Sessions Case No.1282 of 2007 fine was reduced to Taka 30,00,000 from Taka 75,00,000 of which the complainant would get Taka 25,00,000 being the face value of the dishonoured cheque and Taka 5,00,000 would go to the Government fund; similarly the learned Metropolitan Sessio..Category: Procedural Law | Date: 3 Dec, 2012 | Hits: 10
Shahidur Rahman Khadem and another Vs. State, 2012, 41 CLC (AD)
.... to enhancement of sentences of fine” are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 147. ......In Metropolitan Sessions Case No.1282 of 2007 fine was reduced to taka 30,00,000.00 from taka 75,00,000.00 of which the complainant would get taka 25,00,000.00 being the face value of the dishonoured cheque and taka 5,00,000.00 would go to the Government fund; similarly the learned Metropolitan Sess..Category: Procedural Law | Date: 3 Dec, 2012 | Hits: 162
AKM Muhituddin and others Vs. National Board of Revenue and others, 2012, 41 CLC (HCD)
.... time of issuing Rule this Division directed the respondent No.2, Commissioner of Customs, Customs House, Chittagong for assessing and release the goods covered under different Bills of Entry on payment of customs duties, taxes and other charges in cash on the basis of CRF particulars and on ac...... Review Committee, subject to relevant provisions of law. This order should be strictly followed. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 196 ..Category: Fiscal/Taxation Law | Date: 28 Nov, 2012 | Hits: 2
Bengal Techno Leather Ltd Vs. Islami Bank Bangladesh Ltd, 2012, 41 CLC (HCD)
....e has prayed for rejection of the petition for return of plaint. 4. I have heard the learned Advocates in support of their respective contentions. 5. The instant suit has been filed on payment of advelorem Court Fees, with prayer to pass a decree in favour of the plaintiff against the......defend the suit (by filing written statement, supported by affidavit within 17-1-2013). Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 179 ..Category: Administrative Law | Date: 28 Nov, 2012 | Hits: 5
Azizur Rahman (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ecree being in preliminary form, the suit remained pending and thus the Artha Rin Adalat had the jurisdiction to consider the application for stay under section 44 of the Act and to grant installment payment under section 49 of the Act, but the Artha Rin Adalat failed to exercise its jurisdicti......order as to cost. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 31. ..Category: Banking Law | Date: 20 Nov, 2012 | Hits: 8
Amirul Islam (Md.) Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
....d a bill of entry to the Customs Authority through his clearing agent to have the goods released on the basis of the price of the same, certified by CRF and commercial description upon assessment and payment of applicable customs duties and charges, but without releasing the goods, the customs autho......e Rule is declared to have been passed without lawful authority and is of no legal effect. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 77. ..Category: Fiscal/Taxation Law | Date: 19 Nov, 2012 | Hits: 6
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
....riginal lease deed by RAJUK, the original chalans by which installments were paid against the plot, the original letter of delivery of possession of the suit plot, the rent receipts showing payment of rents, mutation with the City Corporation and payment of tax, the lease agreements w......r registration of the kabala for various physical and mental problems. He also requested the defendant to pay Taka 5, 00,000 more and accordingly, the defendant paid him Taka 3, 20,000 by a cheque dated 12-8-2003 which was duly encashed. But in spite of receipt of the said money (Taka 3, 2..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
Sk Ahmedullah (Babul) Vs. Al-haj Md. A Rashid, 2012, 41 CLC (HCD)
....f the rule are that the opposite party No.1 complainant filed the Criminal Case under section 138 of the Negotiable Instruments Act, 1881 alleging that the accused-petitioner issued a cheque for payment of Taka 2, 25,000 in favour of the complainant-opposite-party to clear the dues. The cheque ..................................Opposite Party Judgment November 11, 2012. Result: The Rule is discharged. Negotiable Instruments Act, 1881 [XXVI of 1881]; Section 138 The cheque was dishonored for insufficient fund; and legal notice was issued and served on 7-9-2009 and ..Category: Others | Date: 11 Nov, 2012 | Hits: 8
....ees) Service Regulations, 1981 the competent authority may terminate the service of confirmed employee or call upon him to resume without assigning any reason by giving him three months notice, or on payment of three months pay in lieu of such notice and the employee shall not be entitled to any for......he Court concerned immediately for information and necessary action.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 51.
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Category: Civil Law | Date: 8 Nov, 2012 | Hits: 4
The State Vs. Moru Bhuiyan, 2012, 41 CLC (HCD)
....digonj, District Barisal aged about 30/32 years, before 7/8 years went to village North Char Ramani Mohon, of Police Station and District Lakshmipur for employment as agricultural worker on the daily payment basis. He used to reside there as a domestic son-in-law of Abdul Jalil Bandukshi (P.W.4) aft......eal No.2408 of 2007 and Jail Appeal No.535 of 2007 are allowed. 29. The office is directed to send down the records at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 42 ..Category: Criminal Law | Date: 18 Oct, 2012 | Hits: 7
Abdur Razzaque Chowdhury and others Vs. Artha Rin Adalat and others, 2012, 41 CLC (AD)
....f 1972 for realization of outstanding loan to the tune of taka 2, 06, 27,235·00 from the petitioners. Eventually, the said miscellaneous case was converted into Artha Rin Suit No.43 of 2003 on payment of court fees. The suit was decreed ex-parte on 10.11.2003. Execution Case No.190 of 2004 wa......interfere with the impugned judgment and order passed in Writ Petition No.5889 of 2008. In view of the above, both leave petitions are dismissed. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 18 Oct, 2012 | Hits: 159
Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)
....ng No.S00005367 dated 29-4-2010 (Annexure-F). 5. Mr. Ariff argues that in the instant shipment the freight stands prepaid. Given that there is no dispute that, the beneficiary bank duly received payment against freight along with consideration for wheat, the bank on receipt of full payment rele......findings, we do not find any excellence in this Rule. In the result, the Rule is discharged. There is no order as to cost. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 415. ..Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9
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