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

.... 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. ......er also empowers the Customs Authority to encash any such bank guarantee either in part or in full and even forfeit them on ground of negligence or misconduct causing loss in revenue or injury to the interest of the Government. 25. In view of such provisions, the petitioner company had each to gi..

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

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

....m other defendant Nos. 1-2 in accordance with law. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 332.......in the Court of Subordinate Judge, 3rd Court, Dhaka impleading the present appellant Noor Alam and 2(two) others as defendants for realization of its outstanding dues amounting to Tk.4,43,888.50 with interest. The plaintiff's case in short, is that, the defendant No. 2 approached to the plaintiff Ba..

Category: Procedural Law | Date: | Hits: 107

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

....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.  ......rovided 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 any other payment which may become due..

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

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

.... 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. ......d to burden a group of individuals. Such a classification does not vio­late the guarantee when it distinguishes persons as 'dissimilar' upon some permissible basis in order to advance the legitimate interest of soci­ety."  53. In the case of Southern Rly Co Vs. Greane, 216 US 400, Day..

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

Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)

....giving able assistance to this Court in the matter of disposing the rule in an effective manner. Send down the Lower Court records. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 40. ......gy and Mineral Resources and after the approval of the Prime Minister the Chairman of Petro Bangla was request­ed by the Ministry to take necessary follow up actions. To serve the ill motive of self interest, through awarding the contract to NIKO Resources Limited at the verbal instruction of the t..

Category: Criminal Law | Date: | Hits: 126

Karnafully Paper Mills Sramik Karmachari Union Vs. Registrar of Trade Unions, Chittagong & others, 1989, 18 CLC (HCD)

....d on contest and order of ad-interim injunction granted by this Court ex-parte on 23.11.1988 is hereby set aside. No order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 262.......and in view of these facts the order of injunction granted by this Court should be set aside otherwise there will be in­dustrial unrest in the establishment which will be detrimental to the national interest and may lead to multiplicity of the proceedings. 5. This application is opposed by oppos..

Category: Labour and Industrial Law | Date: | Hits: 203

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

....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. ......s been active since the year 1991 as one of the leading organizations with documented and well recognized expertise and achievement in the field of environment, ecology and relevant matters of public interest and “BELA” has developed itself into an active and effective institution on environment..

Category: Environmental Law | Date: | Hits: 1051

Habibur Rahman Khan Vs. Nurul Islam Khan, 1997, 26 CLC (HCD)

....ible. The Rule being Civil Rule No. 390 (fm) 96 is accordingly disposed of. Send a copy of the judgement to the Court below at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 82. ...... plaintiff was to transfer his 25% share in the company known as Habib Transport Co. Ltd. and the defendant in turn was to execute and register a sale deed in favour of the plaintiff transferring his interest in the land with structures on plot No.1025 in SA Khatian No.105 corresponding to RS Khatia..

Category: Civil Law | Date: | Hits: 65

Hakim Ullah Vs. Mutaleb and others, 1996, 25 CLC (HCD)

....cord and the appeal be heard on merit in accordance with law as if it were presented within time. There will be no order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 118.......ion of law is involved, these were heard analogously and are disposed of by this judgment. 3. Facts relevant for the purpose of disposal of both the Rules are as follows: The predecessor‑in‑interest of the opposite parties, Abdul Hashim instituted Misc. Case No.134 of 1970 against the peti..

Category: Procedural Law | Date: | Hits: 70

Fatema Khatoon Vs. City Bank Ltd. and others, 1996, 25 CLC (HCD)

....er is set aside. Application dated 1‑11‑94 of the petitioner Fatema Khatun in allowed and she is added as a defendant in the suit. Ed. This case is also Reported in: 49 DLR (HD) (1997) 117. ......-7-95 and so she has obtained this Rule against thereof. 2. Plaintiff in the suit is the City Bank Ltd. and the suit filed on 21-8-91 is for realisation of the loan money of Taka 8,28,611.00 with interest as on 31‑3‑91 taken by Jaidhar Ali since deceased. The defendants are the heirs of the ..

Category: Procedural Law | Date: | Hits: 67

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

....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 ......d for saham. Those saham praying defendants also made certain allegations like the other contesting defendants in their respective written statement asserting that plaintiffs have no right, title and interest in the suit property and denying title and possession of the plaintiffs. Upon the aforesaid..

Category: Civil Law | Date: | Hits: 86

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

....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.......it is barred under section 23 of the Small Cause Courts Act and that there is no relationship of landlord and tenant between the plaintiff and the defendant, that the plaintiff has no right, title or interest in the suit property. The further case of the defendant is that Nibaron Chandra and Harendr..

Category: Property Law | Date: | Hits: 59

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

....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. ...... of the Bank he sold the jute and deposited the entire sale proceed of Taka 4, 28, 000.00 in excess of the loan he took which was a sum of Taka 3, 96,350.00. But the bank claimed amount on account of interest. On 7‑10‑91 Bangladesh Bank issued a circular to facilitate payment of loan against who..

Category: Election Law | Date: | Hits: 148

Krishna Gopal Bhowmik Vs. Secretary, Ministry of Home affairs, Government of Bangladesh and others, 1978, 7 CLC (AD)

....on is without lawful authority and the detenu is being held in unlawful custody. It is directed that the detenu be released forthwith. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 145. ......tis­fied with a view to preventing Mr. Nirmal Chandra Bhowmik & Nim Chandra Bhowmik s/o. Krishna Gopal of Mirzapur P.S. Begumganj, Noakhali from acting in a manner prejudicial to the security or interest of Bangladesh or the public safe­ty or the maintenance of law and order, it is necessary t..

Category: Criminal Law | Date: | Hits: 103

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

.... 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. ....... It is to be mentioned that the claim that was submitted in terms of the termination agreement was for Tk. 37,57,504/19 but the total claim now stands at Tk. 84,73,886/04. Plaintiff has also claimed interest over the sum. 9. The question is whether the claim as made in the plaint is within scope..

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

Tajidullah & others Vs. Sona Miah & others, 1986, 15 CLC (HCD)

....ill be at liberty to amend the pleadings and adduce fresh evidence, if so desire. There will be no order as lo costs of this appeal. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 223.......oner (Rev), Sylhet for setting aside the above sale. But that case was reject­ed on 27.5.65. The defendant however is not allow­ing the plaintiff to possess the suit land they have got no title and interest in the suit land. The area of land given in the schedule of the sale certificate is 5.15 ac..

Category: Property Law | Date: | Hits: 66

Sultan Ahmed Vs. Golam Mostafa alias Dulal and others, 1987, 16 CLC (HCD)

..... 2,000/- each to the Magistrate concerned for keeping peace for a period of one year from this date. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 219.......ite parties examined one Zinnath Ali as D.W.1. This witness as it appears from his cross-examination comes from Sirajgonj and was the Bharatias of the opposite parties. This witness is obvi­ously an interested witness. Little reliance can be placed on the evidence of this witness. Therefore it is s..

Category: Criminal Law | Date: | Hits: 70

Jn. Md. Saleh Ahmed Khan Vs. Government of Bangladesh & others, 1989, 18 CLC (HCD)

.... without jurisdiction and without lawful authority. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 210.......em fit, is satisfied that any member of the Managing Committee of a co-operative society is abusing its position as an officer of the society or is otherwise act­ing in any manner prejudicial to the interest of the society, it may, without prejudice to any ac­tion to which such member may be liabl..

Category: Civil Law | Date: | Hits: 87

Mostofa Kamal Vs. B. D. Habibullah & others, 1988, 17 CLC (HCD)

....o cost. The impugned order passed by the learned Assistant Judge is set aside and the plaint in Title Suit No. 87 of 1988 is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 197. ...... must not be forgotten that the well-recognized principle of the election law is that the election should not be held up and the per­son aggrieved should not be permitted to ventilate his individual interest in derogation of the general in­terest of the people which requires that the election shou..

Category: Election Law | Date: | Hits: 207

Begum Lutfunnessa Vs. The Government of Bangla­desh represented by the Secre­tary, Ministry of Works, Dhaka & others, 1989, 18 CLC (HCD)

....tioner may avail of any other alternative remedy as advised. The Rule is, therefore, discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 193. ......itioner. In view of the order of attachment the pe­titioner had to vacate the said house and thereafter an investigation was made at the instance of the peti­tioner with regard to the right, title, interest and pos­session of the said house. The Ministry of Home Af­fairs, Government of Banglades..

Category: Property Law | Date: | Hits: 171