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Aziz Hasan and others Vs. Bangladesh, 2007, 36 CLC (HCD)
....amount of duty, that may have become payable in consequence of the withdrawal of the whole or any part of the exemption or concession from duty whether before or after the conclusion of a contract or agreement for the sale of such goods or opening of a letter of credit in respect thereof.” ......angladesh represented by the Secretary, Ministry of Finance and others……...Respondents (in all the writ petitions) Judgment July 30, 2007. Cases Referred To- Collector of Customs vs. A Hannan, 42 DLR (AD) 167; Collector of Customs vs. Ahmed Hossain, 48 DLR (AD) 19...... not pay in cash the amount of money covered by respective bank guarantees within a period of thirty days of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 563. ..Category: Fiscal/Taxation Law | Date: | Hits: 64
Mahmudur Rahman and another Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)
....stipulated period or even to keep up with the installments the borrower's name may be included in the CIB list but not that of the guarantor. 20. In the circumstances, therefore, we are in agreement with the two unreported decisions of this court passed in Writ Petition No. 1776 of 2004 a....... Jamaluddin Ahmed, Advocate—For Respondent No. 4. Writ Petition Nos. 6519 & 6520 of 2001. Judgment Tariq-ul-Hakim J.- These Rules Nisi have been issued calling upon the respondents to show cause as to why the Credit Information Bureau (CIB) Lists /reports issued by the respondent ......d to have been made without lawful authority and is of no legal effect There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 540; 13 MLR (HCD) (2008) 353. ..Category: Banking Law | Date: | Hits: 124
Dr. Md. Kamrul Ahsan Talukder Vs. Nurun Nahar and others, 2009, 38 CLC (AD)
.... acres of land which were given on rent to Idris Ali and Majid Khan. Mozaffar Talukder became the owner of the shops after the death of his father, Idris Ali; that the aforesaid Gopal entered into an agreement to sell the land to the plaintiff on 02.07.1973; that on 20.02.1984 Gopal died leaving two......e case, in short, are that Sharat Chandra Das, Subash Chandra Das and Satish Chandra Das were the owners of the .0606 acres of land which is the disputed land and that the said land was transferred to Gopal Chandra Barman and Norendra Chandra Barman. Gopal Chandra Barman built up 2 shops in 0100 a......d which were given on rent to Idris Ali and Majid Khan. Mozaffar Talukder became the owner of the shops after the death of his father, Idris Ali; that the aforesaid Gopal entered into an agreement to sell the land to the plaintiff on 02.07.1973; that on 20.02.1984 Gopal died leaving two sons namely,..Category: Property Law | Date: | Hits: 37
Hafizuddin Ahmed Vs. M Aslam Miah & others, 2002, 31 CLC (HCD)
....ce. Let a copy of this judgment and order be sent to opposite party No. 5, the Administrator of Waqfs for his perusal and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 95....... 22.5 decimals fully described in schedule-Ka is a Waqf property and that two deeds of sale dated 08‑06‑85 executed and registered by defendant No. 2 transferring 15 decimals out of the suit land to defendant No. 1 is collusive, fraudulent, without consideration and void. The plaint case, in sho...... and/or fraud, Mr. Zulfiqur Ahmed brings out certain circumstances from the record. In 1954, the waqf was created and only in 1983, the waqf was got enlisted. That was also done with the intention to sell but not to build any mosque. Their intention became more clear when they did not deposit any mo..Category: Trust/Waqf Law | Date: | Hits: 228
HP Cold Rolling Mills Ltd. Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)
....tual export of the finished goods as drawback expeditiously, preferably within two months of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 483.......07. Case Referred To- Zaminur Rahman vs Bangladesh, 31 DLR (AD) 171 . Lawyers involved: Mahmudul Islam with MA Hannan, Advocates—For the Petitioner. Salauddin Ahmed, Additional Attorney-General with Nahid Mahtab, Deputy Attorney-General, Sathika Hossain Advocate—For the Respon......teel is the basic raw material for production of such Cold Rolled Steel. Hot Rolled Steel is not available in Bangladesh and the same has to be imported from different origins. The petitioner used to sell said products in the local market and also export to different countries. 3. In the cour..Category: Fiscal/Taxation Law | Date: | Hits: 93
Fida-ul-Huq Vs. Government of the People's Republic of Bangladesh and others, 2007, 36 CLC (HCD)
....further submits that the signature appears in the Vdkalatnama of the writ petition and the signature appearing in affidavit does not tally with the signature appeared in the Annexure ‘A' (receipt/agreement) to the writ petition and, in support of his contention, he pointed out section 73 of the ......WTA 40 DLR (AD) 262, Shamsunnahar Salam vs. Mohammad Wahidur Rahman 51 DLR (AD) 232 . Lawyers involved: Md. Shakhawat Hossain, Advocate—For the Petitioner. AKM Salahuddin Khan, Assistant Attorney-General with Rubaiyat Hossain, Assistant Attorney-General—For the Respondents. Writ Peti...... appropriate steps in accordance with law against the said fake Fida-ul-Huq, i.e. the occupant of the flat. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 480...Category: Property Law | Date: | Hits: 34
Superintendent Engineer, PWD & another Vs. A Mahiuddin and others, 2007, 36 CLC (HCD)
....to somebody else. 19. On the other hand, the case of the defendants is that the suit land is required for official purpose. Hence they did not renew the lease. 20. Now let us see the terms of agreement stipulated in the lease deed. It is stated in clause 2(1) of the lease deed dated 20-8-1......en's Cooperative Society vs. Secretary, Ministry of Land 1995 BLD (AD) 243 = 48 DLR(AD) 88; Baber Ali Pramanik vs. Mosar Ali Pramanik 45 DLR(AD)120. Lawyers involved: Md. Jafor Ali, Assistant Attorney-General—For the Petitioners. M. Khaled Ahmed, Advocate—For the Opposite Parties. Ci......e and the judgment and decree dated 4-3-2002 passed by the learned Joint District Judge, is hereby affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 476. ..Category: Property Law | Date: | Hits: 28
Mohsina Rahman alias Jaya Vs. Abdul Majid and others, 2001, 30 CLC (HCD)
....filed an application for rejection of plaint under Order VII rule 11 of the Code of Civil Procedure on the ground that without reference to arbitration in terms of the Arbitration clause of the lease agreement, the suit is not maintainable. The learned Subordinate Judge rejected the plaint without h......— For the Opposite Parties. Civil Revision No. 2609 of 1999. Judgment NK Chakravartty J.- This Rule at the instance of the defendant/petitioner was issued calling upon the opposite parties to show cause as to why the impugned order dated 16-5-99 passed by the Subordinate Judge, 5th Court,......the Miscellaneous Case No. 34 of 1998 and Title suit No. 142 of 1998 are affirmed. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 138. ..Category: Civil Law | Date: | Hits: 77
....i), in exchange of other property of Shahjahan at 3/11, Johnson Road, Sutrapur, Dhaka.
5. It is also stated that the defendant-opposite party No. 1, Malika Hasina Jahan (Lili), entered into an agreement for sale with the plaintiff-petitioner No. 1 Hamida Real Estate Construction Ltd. on 27-......g an application for temporary injunction under Order XXXIX, rule 1 and 2 of the Code of Civil Procedure restraining the defendant-opposite party No. 1 from making any transfer of the suit properties to anybody else and from dispossessing the plaintiffs-petitioners from the suit properties till disp......ted that the defendant-opposite party No. 1, Malika Hasina Jahan (Lili), entered into an agreement for sale with the plaintiff-petitioner No. 1 Hamida Real Estate Construction Ltd. on 27-12-1994 to sell the properties described in the plaint at a consideration of Taka 1,35,94,800 and received an a..
Category: Property Law | Date: | Hits: 34
Major Monjur Quader(Retd.) Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)
.... the learned Advocate for the respondent No. 1, that section 128 of the Contract Act specifically provides that the liability of the debtor and guarantor is coextensive unless provided otherwise by agreement and therefore, the guarantor's name should be included in the CIB list, in our opinion, is...... No. 1. Abdullah Al Mamun, Advocate—For Respondent Nos. 3& 4. Writ Petition No. 3931 of 2001. Judgment Tariq-ul-Hakim J.- This Rule Nisi has been issued calling upon the respondents to show cause as to why the impugned CIB Report being No. 3(45) 2001-3292 dated 17-4-2001 issued by ......o. 60220 is hereby declared to have been made without lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 451...Category: Banking Law | Date: | Hits: 125
New Zealand Milk Brands Ltd. Vs. Unilac Sanowara (BD) Ltd. & ors., 2005, 34 CLC (HCD)
....nlac Foods Limited, were at one time all in concert with opposite party No. 1, inasmuch as they have been doing business together supplying the market in Bangladesh with milk powder under the various agreements into which they entered, in particular the Agency Agreement in this case, which dates bac......or the petitioner. Send down the Records of the Registrar at once. Ed. This Case is also Reported in: 59 DLR (2007) 424. ...... are valid to date. Unilac Australia entered into an "Agency Agreement" dated 1st July, 1986 with Messrs Sanowara Corporation, represented by its Proprietor Mr. Nurul Islam to promote, distribute and sell in Bangladesh products manufactured by Unilac Australia. Subsequently, Unilac Australia entered..Category: Intellectual Property Law | Date: | Hits: 187
Abdul Mannan Sheikh (Md) Vs. Soleman Bewa and others, 2007, 36 CLC (HCD)
.... which she is said to have entered; that she had independent and disinterested advice in the matter." 22. In Contract Act (Act IX of 1872), section 19 is as follows: "When consent to an agreement is caused by coercion, fraud or misrepresentation the agreement is a contract voidable at ...... 1997 reversing those dated 13-10-1997 passed by the learned Senior Assistant Judge, First Court, Naogaon Sadar, in Other Class Suit No. 80 of 1996, dismissing the suit. 2. Short facts leading to this Rule are that on 13-7-1996, Soleman Bewa, predecessor of apposite parties as plaintiff insti......vacated. Send down the lower Court's record at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 392. ..Category: Property Law | Date: | Hits: 26
Syed Salahuddin Ahmed Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....etitioner and without serving any notice for showing cause, his lease deed was cancelled by respondent No.6 on the plea that the petitioner failed to set up the petrol pump as stipulated in the lease agreement, and sent a letter informing him about the order of cancellation, vide letter dated 18-11-...... Lawyers involved: Md. Ozair Farooq with MNA Afgani and Sk. Md. Morshed, Advocates—For the Petitioner. SM Monir, Advocate—For Respondent No. 7. Zaman Akhter Bulbul, Deputy Attorney-General— For Respondent No. 6. Writ Petition No. 3681 of 2003. Judgment ......y each of the judgment be communicated to the Ministry of Law, Justice and Parliamentary Affairs and the Ministry of Communication. Ed. This Case is also Reported in: 59 DLR (2007) 388. ..Category: Constitutional Law | Date: | Hits: 200
State Vs. Kajal Ahmed Jalali, 2007, 36 CLC (HCD)
....ng, it does not ipso facto prove his involvement in the conspiracy unless it is proved by evidence that there was any talk of criminal conspiracy in the said meeting. He submits that there must be an agreement in between the two or more persons for the purpose of execution of criminal offence. In or......rda vs. State of Maharashtra, AIR 1984 Supreme Court, (CrILJ) 1622; AIR 1964 Madhya Pradesh 30; State vs. Shahidul Islam @ Shahid, 58 DLR 545; Zahed Ali Forman (Driver) vs. State, 9. BLC (AD) 122; Rustom vs. State, 11 BLC 467; Mrs. Jobaida Rashid vs. State, 1997 BLD 352 = 49 DLR 379; Sanwar Hossain ......thwith if not wanted in connection with any other case. Send down the LCRs along with a copy of the judgment to the Court below forthwith. Ed. This Case is also Reported in: 59 DLR (2007) 345...Category: Criminal Law | Date: | Hits: 109
Jakir Hossain Vs. Jel Vanu, 2005, 34 CLC (HCD)
....ions of due process of registration and of the consequential genuineness of execution unless effectively rebutted by strong evidence of fraud, collusion and deceit. This Court has already observed in agreement with the findings of the trial Court that rules of pleadings and standards essential to es......ment August 17, 2005. Cases Referred To- Dewan Mohammad Safare Ali vs. Bangladesh 43 DLR 221; Gangamoyi Debi vs. Troiluckhya Nath Chowdhury 33 IA 60 at 65; Abani Mohan Saha vs. Assistant Custodian (SDO) Vested Property, Chandpur 39 DLR (AD) 223; Kiron Chandra Das vs. Sirajul Hoque Patwari ....... 25 of 2003 are hereby set aside. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 59 DLR (2007) 340, 26 BLD (HCD) (2006) 98. ..Category: Property Law | Date: | Hits: 32
Bonlac Foods Ltd. Vs. Unilac Sanowara (BD) Ltd. & another, 2005, 34 CLC (HCD)
.... submitted by both parties, notable among them was Sanowara's affidavit dated 9-1-2005 wherein the deponent denied ever executing the User Agreement dated 1-7-1991 with the petitioner and claimed the agreement to be a forged document. He produced VAT receipts for taxes paid for use of the Trade Mark...... on behalf of the petitioner. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 332. ......ty for costs may be returned to the learned Advocate appearing on behalf of the petitioner. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 332. ..Category: Intellectual Property Law | Date: | Hits: 199
Bhaskar Chakraborty Vs. State, 2006, 35 CLC (HCD)
....l and his agent cannot be termed as a business transaction since such transaction has no separate entity as the agent always acts on behalf of his principal. The relationship created under the agency agreement is a fiduciary relationship which is absent in the relationship of seller and customer. Th......- Dewan Obaidur Rahman vs. State 1999 BLD (AD) 128 = 4 BLC (AD) 167. Lawyers involved: Shakila Rowshan, Advocate—For the Accused-Petitioner Shamim Ara Dora, Assistant Attorney-General—For the State-Opposite Parties. Criminal Miscellaneous Case No. 1238 of 2001......efusing to quash the proceeding in question although the transaction in question between the parties is clearly of a civil nature." 5. In the aforesaid case, the informant complainant, being a seller of certain building materials namely steel window, grill, verandah grill, ventilator, etc. so..Category: Criminal Law | Date: | Hits: 81
Noor Alam Hossain Vs. State and others, 2006, 35 CLC (HCD)
....te the sale deed, the accused petitioner filed Title Suit No. 285 of 1983 for specific performance of contract in which the opposite party Nos. 2 and 3 filed 2 separate written statements denying the agreement and execution of the same and also the opposite party No.3 claimed that he had purchased t......itioner Vs. State and others……………………….Opposite Parties Judgment June 25, 2006. Lawyers involved: Khondaker Gulzar Hossain, Deputy Attorney-General with AKM Nurul Alam, Assistant Attorney-General—For the State-Opposite Parties. ......e him preferably within three months from the date of receipt of the judgment. Let a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 322. ..Category: Criminal Law | Date: | Hits: 40
Naimuddin and another Vs. State, 2007, 36 CLC (HCD)
.... appeal is dismissed. The impugned judgment and order of conviction is hereby affirmed. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 314. ............ ………………Opposite Party Judgment April 24, 2007. Lawyers involved: Md. Khurshid Alam Khan, Advocate—For the Appellants. Nikhilesh Dutta, Deputy Attorney-General with Md. Rabiul Karim, Assistant Attorney-General—For the State-Opposite Party. ......rities the case was started falsely to implicate them. 5. The question in the case was, whether group of 13 persons including the women and children was moved to Hilli border to export or to sell them for illegal and immoral purpose in India and they were recovered from the possession and c..Category: Criminal Law | Date: | Hits: 84
Eskayef Bangladesh Ltd. Vs. Commissioner of Taxes, 2004, 33 CLC (HCD)
....mple in addition to the value of sample under rule 65 (c) of ITO, 1984 ? (iv) Whether the Tribunal was right in holding that the allowances and benefit paid to the employees in case and as per agreement attracts the provisions of section 30(e) of the Income Tax Ordinance 1984? (v) Whet......, CIT West Bengal-II vs. Kanan Devan Hills Product Company Ltd ITR, 119, 431; CIT vs. Tecalmit (Hind) Ltd. ITR, 137,285; United Commercial Bank Ltd vs. Commissioner of Taxes 20Q2 BTD 73; Pfizer Laboratories (Bangladesh) Ltd. vs. Commissioner of Taxes 2002 BTD 57 = 9 BLC 674; Commissioner of Taxes vs......and against the Department but other costs mentioned in the said question are answered in the affirmative. No order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 308. ..Category: Fiscal/Taxation Law | Date: | Hits: 64
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