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Hubble Corporate Ltd. Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)
.... of stay granted earlier by the Court stands vacated. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ......ndant-petitioner opened letter of credit with the Bank for import of low lift water pump and after receipt of shipping documents the Bank requested the petitioner to retire the imported goods against payment but the petitioner by letter dated 25-8-1996 prayed for LIM facilities expressing its inabil......e petitioner. But the Bank filed Artha Rin Suit No.182 of 2005 against the petitioner and the pro forma respondent No.4 before the Artha Rin Adalat No.4, Dhaka (Shortly, the Adalat) for recovery of loan amounting to Taka 86,35,438.65 as on 31-3-2005. The petitioner appeared in that suit and filed ..Category: Civil Law | Date: | Hits: 176
Bela alias Bala & another Vs. State, 2011, 40 CLC (HCD)
....ahmudul Karim, Assistant Attorney-General - For the Opposite Party. Criminal Miscellaneous Case No.1134 of 2011. Judgment SM Ziaul Karim J.- Supplementary affidavit filed today do form part of the main petition. 2. By this Rule, the petitioners seek bail in Kabirhat Police Station ......e petitioners if they misuse the privilege of bail in any manner whatsoever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 85. ......e petitioners if they misuse the privilege of bail in any manner whatsoever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 85. ..Category: Criminal Law | Date: | Hits: 95
Muslim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....the full time treatment of Dr. Md. Saiful Islam, who advised her to take full bed rest without anxiety and tension. But the petitioner's transfer order has become a source of agony and tension on her part causing deterioration of her health condition. It is further stated in the writ petition that u....... Hence, the Rule is discharged. Stay granted earlier by this Court be vacated. However, there will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 161. ....... Hence, the Rule is discharged. Stay granted earlier by this Court be vacated. However, there will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 161. ..Category: Administrative Law | Date: | Hits: 455
Mangal Chandra Sarker and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....im, 42 DLR (AD) 91; Abdullah-al-Mamun Vs. Secretary, Ministry of Land, 10 BLC (AD) 105; Province of East Pakistan Vs. Jogesh Chandra Lodh, 11 DLR (SC) 11; Herama Chandra Battacharjee Vs. Secretary, Department of Revenue, 25 DLR 453; East Pakistan Vs. Jogesh Chandra Lodh, 11 DLR (SC) 11; Bangladesh V......f the learned Advocate that the land acquired had been released from requisition and acquisition. The Government is lawfully authorised to withdraw or release any land from the acquisition before the payment of compensation and order of withdrawal or release must be published in the official Gazette......s from the places wherein their homesteads are situated considering their humanitarian approach. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 152. ..Category: Property Law | Date: | Hits: 89
.... levied with turnover tax.
19. It appears that the Ordinance was promulgated by the Chief Martial Law Administrator with a view to impose a new tax namely, turnover tax on the business turnover of particular trading for the purpose of raising additional revenue.
20. Clause (c) of section 2 of ......ons and without any authority, the respondent No. 3 issued another letter dated 16-3-91 informing the petitioner that they did not receive any decision from the National Board of Revenue and demanded payment of outstanding business turnover tax within seven days thereof failing which appropriate ste......cember, 1985 to the petitioner as prayed for within a period of 30 days of receipt of this order, positively.
Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 704.
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Category: Administrative Law | Date: | Hits: 491
Md. Iddris Sheikh Vs. State, 2008, 37 CLC (HCD)
....b Sarder, 40 DLR (AD) 246. Lawyers Involved: J.B.M. Hassan, Advocate, with Md. Azmol Hayet, Advocate - For the accused-petitioner. Osman Gani, Assistant Attorney General - For the opposite party No.1. Md. Shamsul Huda, Advocate, with Elias Ahamed, Advocate - For the complainant opposi......ent, but on 17.07.2003, 23.07.2003 and lastly on 24.07.2003 it was dishonored due to insufficient fund. Then the witness No.1 issued a legal notice to the petitioner giving him 7(seven) days time for payment of Tk. 30,00,000/-. The petitioner replied to that notice, stating that he has lost some lea......n support of his contentions, the learned Counsel refers the case of Amir Hossain Vs. M.A. Malek, reported in 56 DLR (AD) 146, wherein it has been held:- "The convict respondent admitted about the loan, issuance of cheques by him and dishonor of cheques and that a notice under section 138(1)(b) h..Category: Criminal Law | Date: | Hits: 103
Dabiruddin and others Vs. State, 2007, 36 CLC (HCD)
....nnocent unless and until it is established by the prosecution beyond reasonable doubt that the accused person is guilty. As regards the burden of proof . . . the point in issue is to be proved by the party who asserts the affirmative and the burden of proof lies on the person who has to support his ......ainst them. They shall be set at liberty forthwith if not wanted in connection with any other case. Send down the L.C. R at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 181. ......Master near the house of the complainant, Mozammel Hoque Prodhan. 16. It is significant to mention here that the prosecution firstly stated in the FIR that the deceased Mostafizur Rahman Milu gave loan of taka 10,000/- to one Rabeya Begum who is woman of bad character but she did not repay the lo..Category: Criminal Law | Date: | Hits: 74
Elias Brothers (Md.)(Pvt.) Limited and another Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....y the deputy Commissioner under this Ordinance." After insertion of sub-section (3) of section 28 it was made more clear that it would be required for the applicant to implead the requiring person as party to his application made under section 28(1) of the Ordinance. Meaning thereby that the requiri......e observation and direction the Rules are made absolute without any order as to cost. Communicate this judgment and order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 327. ......he aforesaid Writ petition with some directions to consider the value of the land and also value of the trees and structures as well as the loss incurred by the petitioner including Machinery, Bank loans etc. The petitioner challenged these directions before the Appellate Division filing Civil Pet..Category: Civil Law | Date: | Hits: 170
....rom July, 2003.
2. It is contended in the writ petition that the petitioners are valiant Freedom Fighters who fought the war of liberation in 1971 and were injured in different battles. To be more particular petitioners 1 and 7 were injured by bomb shells on their back, petitioner 2 sustained a b...... of the Ministry of Liberation War Affairs as contained in Memo No.Mu:Bi:Ma:/Pro-1/Bivid-34/2002-371 (wrongly typed as Mu:Bi:Magistrate:/Pro-1/Bivid-34/2002-371) dated 28.10.2003 so far it relates to payment of state honorarium with other benefits for 5% disabled freedom fighters including the petit...... grant the relief sought for in this writ petition. Accordingly, theRule is discharged with the above observations.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
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Category: Civil Law | Date: | Hits: 104
Nayeem Mehtab Chowdhury Vs. State, 2010, 39 CLC (HCD)
....d order dated 17-5-2006 passed by the Court of learned Magistrate, Dhaka, accepting the FRT dated 09-5-2006, the complainant Todd and Kiman filed a revisional application against the accused-opposite party, which was registered as Criminal Revision No.469 of 2006. The learned Additional Session Judg...... to who has withdrawn the money from the loan account, the cheque signing authority, the letter or deed of guarantee and other documents executed or signed acknowledging the loan and also to secure repayment of the loan. Besides, the IO could have seized Form-XII and the charge documents etc from th......ng forged documents and by falsely presenting him as the Managing Director and thereby misappropriating Taka 15(fifteen) crore from Sonali Bank, Head of branch, Dhaka, in January 2005 and that such loan was taken without any authority (resolution) from the company and this credit was not at all ut..Category: Criminal Law | Date: | Hits: 124
.... discussion, we do not find any substance in this petition. And it is, accordingly, rejected in limine without any order as to costs.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 594.
...... relief under Article 102 shall approach it with undisputed right either legal or Constitutional. It also appeared that the dispute was taken to Settlement Court which found the petitioner liable for payment of money. Where in a case the petitioner himself denies the allegations that he is a default......n'ble Finance Minister is prohibited. The expression "Credit Information" as defined in Article 42(c) of the Bangladesh Bank Order, 1972 means any information relating to the amount and the nature of loans or advances and other credit facilities granted by a banking company to any borrower or class ..
Category: Civil Law | Date: | Hits: 119
Shitalakhaya Ice and Cold Storage Pvt. Ltd. Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
....(AD) 58 = 58 DLR (AD) 1. 5. Heard the learned counsel of both sides and considered their submissions. We have gone through the petition, impugned order, the different Annexures to the petition and particularly the plaint (Annexure-F) carefully. 6. The moot question that calls for considerati......পাদিত চুক্তি বা চুক্তির শর্ত অনুযায়ী ঋণ গ্রহীতার নিকট হইতে ঋণ পরিশোধ সূচী (Repayment schedule) অনুযায়ী ঋণ পরিশোধ শুরু হইবার প......ackground leading to the Rule, in short, is that the petitioner is a private limited company engaged in cold storage business. The petitioner for the purpose of his business on 08-06-1994 applied for loan from the respondent No.2 Agrani Bank Limited, Principal Branch, A project was accordingly san..Category: Civil Law | Date: | Hits: 108
Bashir Ullah Master Vs. Bangladesh and others, 2008, 37 CLC (HCD)
....btor petitioner. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 760. ......, on the prayer of the bank, the Adalat by the order dated 13-11-2005 issued warrant of arrest pursuant to the provisions of section 34(1) of the Ain 2003 to compel the judgment debtor petitioner for payment of decretal amount. We failed to discover any illegality in the impugned order. Moreover, we......btor petitioner. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 760. ..Category: Civil Law | Date: | Hits: 93
Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh, 2009, 38 CLC (HCD)
....esh Environmental Lawyers Association (BELA)...................Petitioner Vs. Bangladesh...................Respondents Judgment March 5, 17, 2009. Result: The rule is disposed of in part. Cases Referred to- Dr. Mohiuddin Farooque Vs. Bangladesh, 55 DLR 69. Lawyers Involve......ietor, Madina Enterprise at once by a Special Messenger of this Court at the cost of the petitioner. Sheikh Abdul Awal J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 118. ......ietor, Madina Enterprise at once by a Special Messenger of this Court at the cost of the petitioner. Sheikh Abdul Awal J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 118. ..Category: Environmental Law | Date: | Hits: 688
Jahirul Haque Vs. State, 2011, 40 CLC (HCD)
....asonable doubt and, as such, the impugned Judgment and order of conviction being fair and legal should be upheld. 12. Now, in order to appreciate the submissions of the learned Advocates for the parties, let us first go into the evidence on record. 13. P.W.1 Dula Miah testified that he could......st in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ......st in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ..Category: Criminal Law | Date: | Hits: 83
Dolon (Md.) Vs. State, 2012, 41 CLC (HCD)
....6-10-2004 when was on Patrol duty for recovering unauthorized arms and arresting the miscreants of Demra, Sabuj-Sutrapur, Motijheel, Khilgoan Shyampur and Narayanganj area, at that time the informant part came to know that a man was waiting in the garage 1 of Shah Alam of Khahipur Bangla Bazar under......me Affairs, Inspector-General of Police and Director General of Rapid Action Battalion. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 501. ......me Affairs, Inspector-General of Police and Director General of Rapid Action Battalion. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 501. ..Category: Criminal Law | Date: | Hits: 99
Faroque Reza Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
....Petitioner Vs. Government of the People's Republic of Bangladesh and others……………………………Respondents Judgment July 3, 2008. Result: The Rule is made absolute in part. Lawyers Involved: Zulhas Uddin Ahmmed, Advocate - For the petitioner. A. J. Mohammad......an No.3841, Mouza Sutrapur, under Dhaka Collectorate is declared to have been passed without lawful authority and is no legal effect. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 256. ......an No.3841, Mouza Sutrapur, under Dhaka Collectorate is declared to have been passed without lawful authority and is no legal effect. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 256. ..Category: Civil Law | Date: | Hits: 74
Md. Wahed Ali Vs. Ms. Moslema Khatun, 2008, 37 CLC (HCD)
....(Civil Revisional Jurisdiction) Present: Syed Md. Ziaul Karim J Md. Wahed Ali………………………….Petitioner Vs. Ms. Moslema Khatun……………………………..Opposite party Judgment November 30, 2008. Result: The Rule is discharged. Case Referred to- ......he Family Court, under the provisions laid down in section 6 of The Family Court Ordinance, 1985. Section 10 of The Muslim Family Laws Ordinance, 1961 provides that where no details about the mode of payment of dower are specified in nikahnama or the marriage contract, the entire amount of the dower...... 22. Office is directed to send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 427. ..Category: Family Law | Date: | Hits: 180
STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)
....tion 3(1) and section 3(4) of the Act barring the Court from granting an order of injunction is limited and applicable to the arbitration being held in Bangladesh but not as to matter restraining a particular party from proceeding in an arbitration in a foreign country in respect of foreign cont....... Accordingly, the application under section 7Ka of the Arbitration Act of 2001 is dismissed. Interim order, if any, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ....... Accordingly, the application under section 7Ka of the Arbitration Act of 2001 is dismissed. Interim order, if any, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ..Category: Alternative Dispute Resolution | Date: | Hits: 506
MA Gafur Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)
....…………Petitioner Vs. Registrar of Joint Stock Companies and Firms and others………………………..Respondents Judgment July 31, 2012. Result: The petition is allowed in part. The Companies Act, 1994 (Act No. XVIII of 1994); section 233 The jurisdiction under sect...... for both sides. This matter shall stand disposed off upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 547. ...... for both sides. This matter shall stand disposed off upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 547. ..Category: Company Law | Date: | Hits: 129
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