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Biswaswar Das Karmakar & others Vs. Sasanka Moban Das Karmakar & others, 1982, 11 CLC (AD)

.... before us, the contentions of the learned Counsel for the appellant do not seem to be convincing. The appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 315. ......raborty. P.W.2, Jatindra Mohan Chakraborty, who is the son of the scribe, Ramesh Chandra Chakraborty, stated that his father used to maintain a note book, Ext. 2, wherein he used to maintain names of documents written by him. P.W.1 who is the plaintiff respondent stated the facts relating to the wil..

Category: Property Law | Date: | Hits: 80

Agrani Bank Vs. Sultana Jute Mills Limited and others, 1993, 22 CLC (HCD)

.... legal effect or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner is a nationalised Bank under President's Order 26 of 1972 and in course of banking business the petitioner sanctioned and disbursed loan to the respondent No. 1 a Company inco......der suffers from legal infirmity and hence not sustainable. In the result, the Rule is made absolute without any order as to costs, Ed. This case is also Reported in: 47 DLR (HCD) (1995) 37. ..

Category: Civil Law | Date: | Hits: 116

Belayet Hossain Vs. Bank Indosuez, 1998, 27 CLC (HCD)

....il Procedure is not maintainable and accordingly the same is liable to fail. The Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 431. ......t in two consignments. The plaintiff requested the defendant to release the goods but the latter expressed his inability due to financial hardships and requested the plaintiff Bank for release of the documents and assured the plaintiff Bank to pay the dues within one month. Accordingly in good faith..

Category: Civil Law | Date: | Hits: 121

Moazzem Hossain Vs. State, 1983, 12 CLC (AD)

....fructuous order. Syed Md. Hossain Ali, J.- I fully agree with my learned brother Shahabuddin Ahmed, J. I find hardly anything to add. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 290....... normal course of Court's business and it records facts chronologically. It opens as soon as a proceeding is initiated and closes on the delivery of the judgment. That is why it always precedes other documents of the Case. But in the instant case the Order-sheet has started from page 13 of the Recor..

Category: Criminal Law | Date: | Hits: 116

Nakuleswar Sana Vs. State, 1983, 12 CLC (AD)

....er-draft facility. 7. The way in which each Bank distribu­tes its fund depends upon the class of business it is doing and the character of deposit. Gene­rally speaking, the deposits of a country bank are more stable than those of a Banker in a large commercial town. A Banker may advan­ce money......ed, JJ; I concur with the decision of Shahabuddin Ahmed, J. ORDER OF THE COURT By the majority judgment, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 284...

Category: Criminal Law | Date: | Hits: 95

A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)

....h such a glory. The respondents are restrained from leasing the subject property to anybody under any circumstance. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in:...... these Writs the Monarch, through the Star Chamber and the Court of King’s Bench, kept the inferior bodies within their power. 37. In the earliest times, the Royal Writs were sealed governmental documents, drafted in a crisp, businesslike manner, by which the king conveyed notification or order..

Category: Property Law | Date: | Hits: 159

Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)

.... Court Division in First Appeal No.585 of 2001 within 30 days from receipt of the copy of this judg­ment. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ......y and is of no legal effect, and why they should not be directed to mutate the said property in the name of the petitioner by receiving the transfer fee. 2. Short fact, as appear from the relevant documents annexed to the writ petition, are that the land and the building thereon at plot No.N(W)H,..

Category: Property Law | Date: | Hits: 127

SM Kamaluddin Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)

.... questions in the negative and against the revenue department and in favour of the assessee. The par­ties shall bear their own cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 191. ......s to rely in support of his return. The provisions of this subsection are no doubt mandato­ry. In such notice, under sub-section (1) of section 83, the Deputy Commissioner is required to specify the documents or explanation to be produced in the absence of which he could not be satisfied on the ret..

Category: Fiscal/Taxation Law | Date: | Hits: 151

Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)

....nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immedi­ately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ......d Advocate submitted further that the father of the defendant No.6 after receiving the judgment, and order of preemption case got mutated his name in SA Khatian No.1144 and paid the rents and all the documents were made exhibits being exhibit No.Ka, Kha, Ga series Gha, Uma, Cha etc. but those exhibi..

Category: Property Law | Date: | Hits: 123

Nurul Amin Bhuiyan Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....ale of his mortgaged property published in the Daily Sangbad on 7.10.2010 and subsequent auctioning of the property in pursuance thereof, and also seeking direction upon Standard Bank Ltd., a private bank operating under the Bank Companies Act, to allow him to keep possession of his property on paym......he above observation the Rule is discharged and the order of status quo passed at the time of issuing the Rule is vacated. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 129

Overseas Garments Industries (Pvt.) Ltd. Vs. Bangladesh and others, 2005, 34 CLC (HCD)

....ecause the petitioner did not open any letters of credit as have been mentioned in the legal notice dated 9‑2‑2004. Having received the legal notice the petitioner on his own accord contacted the bank to know about the genuineness of the letters of credit. Suddenly the petitioner again received ......bstance in the Rule. Accordingly, the Rule is discharged without any order as to cost. Status‑quo granted by this Court stand vacated. Ed. This Case is also Reported in: 57 DLR (2005) 168. ..

Category: Civil Law | Date: | Hits: 129

State Vs. Innocent N Egbunine, 1994, 23 CLC (HCD)

.... condemned‑prisoner Innocent N. Egbunine be transferred from the condemned cell to the cell meant for the convicts of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ......e of evidence the condemned-prisoner was examined on 3‑8‑1991 under section 342 of the Code of Criminal Procedure with reference to the deposition of the P.Ws., his confessional statement and the documents against him to which he claimed innocent and further stated that he pleaded not guilty and..

Category: Criminal Law | Date: | Hits: 164

Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Cor­poration Ltd., 1982, 11 CLC (AD)

.... 60,00,000/- (Taka sixty lacs) by executing a Demand Promissory Note and deed of hypo­thecation of raw materials and finished goods as security, applied for raising the limit to Tk. 90,00,000/-. The bank allowed the res­pondent's prayer for raising the limit to Tk. 90,00,000/- and asked the respon......ties of the Company. The respondent offered a property which was already mortgaged with Bangadesh Shilpa Rin Sangstha (as first mortgage). The Regis­tration authority took the view that the proposed documents were to be stamped under Article 40 (b) of the Schedule 1 of the Stamp Act and not under A..

Category: Fiscal/Taxation Law | Date: | Hits: 269

Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)

.... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......its own can be invoked without relying on any other penal law because Section 5 (2) can stand on it’s own legs. 19. Having heard the learned advocates of both the sides and having considered the documents in the file, it is our view that we are to address the following questions in the process ..

Category: Criminal Law | Date: | Hits: 133

Md. Mohiuddin Chowdhury Vs. Rupali Bank Ltd. and others, 2011, 40 CLC (HCD)

....tagong for realisation of loan amounting to Taka 4,21,466/- (four lac twenty-one thousand four hundred sixty-six) only. The said suit was decreed ex parte against the petitioner and the decree holder-bank put the decree in execution by filing Mortgage Decree Execution Case No. 14 of 1997. After enfo...... without any order as to costs. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 129

Bangladesh Steel and Engineering Corporation and another Vs. Md. Masood Reza and others, 1977, 6 CLC (AD)

.....M. Shamsul Huq, M.A. C/o. Reza Chamber, 75, Motijheel Commercial Area, Dacca as Administrator for the units. He shall operate the Mill and generally conduct all their affairs including operation of bank accounts, subject to the general supervision, of the Management Board under Group ‘F’ (11) ......nt of this firm in pursuance of an order of release of the same by the Government (as contained in Notification No. SRO. 31-L/76 No. Industries/13-3M/104/75/11 dated 17-1-76 together with all papers, documents and properties both moveable and immovable. The said firm used to carry on export, import,..

Category: Others | Date: | Hits: 154

M/s. Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and others, 2003, 32 CLC (AD)

....letter of credit for which the Sonali Bank is under a legal obligation to pay of the respondents. 6. It is now settled principle of law that no Court can pass any restraining order on any issuing bank from making payment under letter of credits (33 DLR (AD) 298 and 54 DLR (AD) 70). 7. The Hig......s we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. This Case is also Reported in: ..

Category: Business or Commercial Law | Date: | Hits: 208

Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)

....fs within 90 days failing which the plaintiffs will be at liberty to have possession through Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ......w of the finding of the trial Court that the case involved a question of title the same should be tried by the SCC, Court rather by a competent civil Court. But on a reference to the evidence and the documents mentioned above I am unable to accept this contention of the learned counsel for the oppos..

Category: Procedural Law | Date: | Hits: 74

Nuvista Pharma Limited Vs. National Board of Reve­nue and others, 2010, 39 CLC (HCD)

....rit petition and Annexure Nos. I, J and K of the supplementary affidavit and their sub­sequent demand by their letter dated 23 April, 2007 (Annexure-E1) of an open ended unconditional and continuous bank guarantee and a letter of Undertaking from the petitioner as security against their direct form......ustoms, Excise and VAT North Commissionerate House, Dhaka will be at lib­erty to encash the bank guarantee. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 132. ..

Category: Fiscal/Taxation Law | Date: | Hits: 181

Christian Service Society (CSS) Vs. First Labour Court, Chittagong and others, 2008, 37 CLC (HCD)

....rson who for the purpose fulfilling a contract with the owner of any com­mercial establishment or industrial establish­ment employs workers, a unit of a joint stock company, an insurance company, a banking company or a banker's, a office or stock exchange a club, a hotel or a restaurant or an eati......69. It appears from the written statement filed by the petitioner that in the said written statement the petitioner claimed itself not as an industry or establishment as per the Labour Law through no documents in sup­port has been filed there on. But on perusal of the affidavit in opposition it app..

Category: Labour and Industrial Law | Date: | Hits: 201