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National Bank Ltd. Vs. Provashi International Ltd. and others, 2010, 39 CLC (HCD)
.... denied the suggestion that due to lower price he did not receive the Garlic from the Bank. He admitted that he knew about the tender dated 9-8-1987 but he denied that due to rotten Garlic he did not participate in the auction sale. In his cross-examination he replied that in the month of October, 1......t on 14-7-1987. After arrival of the goods at Chittagong Port and upon receipt of the shipping documents, the plaintiff /appellant Bank notified the defendant respondent to release the documents upon payment of the remainÂing L/C amount. The defendant respondent thereÂafter instead of releasing th......lt: The appeal is dismissed. Jurisdiction of the Artha Rin Adalat The Artha Rin Adalat Ordinance came into effect on 31-7-1989 establishing special Courts for adjudication of the recovery of loans claimed by the financial institutions. This Ordinance was repealed by Artha Rin Adalat Act, 19..Category: Civil Law | Date: | Hits: 106
Nurul Islam Shaikha and others Vs. Shahadat Hossain & others, 2011, 40 CLC (HCD)
....Calcutta Series-page-754; Ranee Khujooroonissa Vs. Roushan Jehan, (1876) LR.31 A.291. Lawyers Involved: Md. Abdul Haque, Advocate - For petitioners. Sufia Khatun, Advocate - For the opposite party No.1. Civil Revision No. 3861 of 1994. Judgment Md. Emdadul Haque J.- The unsigned Ju......t Nos.1, 3, 5 and 6 exparte against the rest. No order as to cost. Send down the LC records along with a copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ......t Nos.1, 3, 5 and 6 exparte against the rest. No order as to cost. Send down the LC records along with a copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ..Category: Property Law | Date: | Hits: 139
Md. Shahidul Islam Vs. Most. Anwara Begum, 2007, 36 CLC (HCD)
.... (Civil) Present: Md. Abdul Wahhab Miah J Afzal Hossain Ahmed J Md. Shahidul Islam………………………Petitioner Vs. Most. Anwara Begum………………………Opposite party Judgment September 11, 2007. Result: The Rule is made absolute. Muslim marriage......aside and the Family Suit No.75 of 2004 is dismissed. 19. Send down the L.C. Records at once. Md. Abdul Wahhab Miah J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 114. ......at Tk. 2,00,001/- and the plaintiff started leading her conjugal life in the house of the defendant. Thereafter, the defendant received Tk. 2,20,000/- from the plaintiff with a view to repay the Bank loan. Thereafter, the defenÂdant claimed dowery of Tk. 2,00,001/- from the plaintiff and with that ..Category: Family Law | Date: | Hits: 140
Md. Mosarraf Hossain Mondol Vs. Md. Elias Hossain Mollick and others, 2007, 36 CLC (HCD)
....in Mondol.............................Plaintiff-responÂdent-petitioner Vs. Md. Elias Hossain Mollick being dead his heirs: 1(a) Md. Bazlur Rahman and others............................Opposite parties. Judgment January 29, 2007. Result: The Rule is discharged. Cases Referred to......tainable in the present form; that the suit is barred by waiver, estoppel and acquiescence. It's case was that the then Pakistan Government initiated the Certificate Case No.68370/60-61 due to non payment of rent by the original recorded tenant Sree Pulin Behari; that the defendant No.1 participa......anted earlier by this Court stands vacated. 29. Send down the lower Court's record at once with a copy of Judgment for information. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 107. ..Category: Procedural Law | Date: | Hits: 114
State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)
....¦â€¦â€¦â€¦â€¦.(126) Confessional statement A confessional statement is said to be voluntary and true when it appears on reading of the confessional statement that the maker accused took active part in commission of the offence. This confessional statement is not only exculpatory but at the sa......sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ......sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ..Category: Criminal Law | Date: | Hits: 89
Md. Joinaul Abedin Mintu Vs. Joint District Judge, 3rd Court Tangail and others, 2010, 39 CLC (HCD)
....to have been made without lawful authority and in an unlawful manner and is of no legal effect. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 277. ......to have been made without lawful authority and in an unlawful manner and is of no legal effect. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 277. ......e decree-holder Janata Bank instituted Mortagage suit No.9 of 2002 which was subsequently renumbered as Artha Rin Suit No.1 of 2004 before the Artha Rin Adalat, Tangail for realization of outstanding loan of Tk. 10,53,701/- against the present petitioner. The said suit was decreed in preliminary for..Category: Civil Law | Date: | Hits: 174
Azam Ali and another Vs. Akram Ali and others, 2010, 39 CLC (HCD)
....t High Court Division (Civil) Present: Md. Delwar Hossain J Azam Ali and another………………………Petitioners Vs. Akram Ali and others………………………Opposite parties Judgment April 13, 2010. Result: The Rule is made absolute. After closer o......ant No.2, Danesh Ali. Defendant No.2 Danesh Ali, owner of the suit land appointed his son Akram Ali, the defendant No.1 as his Attorney. On 5.8.2001 the defendant No.1 went to the Tahashil Office for payment government rents wherefrom he came to know that the plaintiffs by practicing fraud obtained ......of status quo granted at the time of issuance of the Rule is hereby re-called and vacated. 20. Send down the lower Courts records. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 273. ..Category: Procedural Law | Date: | Hits: 99
Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)
....le doubt The provision of law regarding burÂden of proof is that in a case involving severe punishment or life imprisonment, courts require even a higher degree of proof and all material evidence particularly those in favour of the accused should be placed before the court. It is a course not ob...... bail by this Division, are discharged from the respective bail bond. Send down the L.C.R at once. Md. Rezaul Haque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ...... bail by this Division, are discharged from the respective bail bond. Send down the L.C.R at once. Md. Rezaul Haque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ..Category: Criminal Law | Date: | Hits: 84
....05 (Annexure-C) is hereby declared to have been issued without lawful authority and, as such, of no legal effect. Communicate at once.
Ed.
This Case is also Reported in:61 DLR (HCD) (2009) 734.
......counts maintained with the Bank of Small Industry and Commerce Bangladesh Limited, Main Branch at Dhaka. On consideration of said transfers, said respondent was of the view that the petitioner evaded payment and/or adjustment of VAT to the extent of Taka 14, 25, 89,149.
11. By the notice, said re......05 (Annexure-C) is hereby declared to have been issued without lawful authority and, as such, of no legal effect. Communicate at once.
Ed.
This Case is also Reported in:61 DLR (HCD) (2009) 734.
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Category: Fiscal/Taxation Law | Date: | Hits: 131
....absolute discretion and it is also in the practice that in the event of allowing any such right, the normal procedure is to call for competitive bids to get a better price and to show fairness on the part of the availability of the parties interested in setting up of container terminals, at least du......a copy of this judgment and order be sent to the Hon'ble Prime Minister for perusal and necessary action as per our observations made above.
Ed.
This Case is also Reported in:55 DLR (2003) 171.
......a copy of this judgment and order be sent to the Hon'ble Prime Minister for perusal and necessary action as per our observations made above.
Ed.
This Case is also Reported in:55 DLR (2003) 171.
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Category: Others | Date: | Hits: 113
BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)
....€¦a right of appeal is not merely a matter of procedure. It is a matter of substantive right. This right of appeal from the decision of an inferior tribunal to a superior-tribunal becomes vested in a party when proceedings are first initiated in, and before a decision is given by the inferior Court.......us than what was there since such imposition of condition or restriction is not a matter of procedure....................(21) The discretion of the National Board of Revenue to modify or waive the payment of the tax cannot be claimed as a matter of right. Nor such discretion could be thought to b......gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ..Category: Fiscal/Taxation Law | Date: | Hits: 171
Md. Abul Basher Vs. The Judge, First Artha Rin Adalat, Chittagong and others, 2008, 37 CLC (HCD)
....r time than the normal process of realisation of loan and hence the Bank or Financial Institution will be more cautious and careful for early disposal of the Execution Case without any fault on their part……………………………..(20) Case Referred to- Khurshed Alam Vs. Judge of the A......to dispose of the Artha Rin Execution Case No.208 of 2004 expeditiously. Communicate the judgment to the Adalat concerned at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 208. ......ctory and not at all mandatory.……………………..(15 & 16) The Artha Rin Adalat Ain, 2003 is a special law which is enacted by the National Parliament with an aim to realise the unpaid loan by special method which would take lesser time than the normal process of realisation of loan a..Category: Civil Law | Date: | Hits: 136
....dhury J
Chairman, Bangladesh Water Development Board, Paridaptar, WAPDA Bhaban, Dhaka and others…………………Petitioners
Vs.
Md. Abdur Rahman and another…………………Opposite parties
Judgment
April 24, 2008.
Result:
The Rule is discharged.
Jurisdiction of a C......he Courts below stand maintained.
Send down the lower Court's record and a copy of the judgment and order to the Court concerned.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 405.
......he Courts below stand maintained.
Send down the lower Court's record and a copy of the judgment and order to the Court concerned.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 405.
..
Category: Employment/Service Law | Date: | Hits: 166
Mrs. Rokeya Begum Vs. Chartered Credit CoÂoperative Ltd., 2009, 38 CLC (HCD)
....riminal Miscellaneous Case No.1709 of 2008. Judgment Siddiqur Rahman Miah J.- This Rule on an application filed under section 561A of the Code of criminal Procedure was issued upon the opposite party to show cause as to why the proceedings in Metropolitan Sessions Case No.2439 of 2006 arising ......nts act which reads as follows: "138. Dishonour of cheque for insufficiency, etc. of funds in the account.- (1) Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account is returned by the bank un......l of this Rule, is that, the complainant is an organization registered under the CoÂ-operative Societies Ordinance, 1984 and the accused petitioner is the member of the said society and she obtained loan of Taka 23,00,000/= with a condition to pay the said loan within 90 days but failed to pay in t..Category: Criminal Law | Date: | Hits: 70
.... respect of land measuring 2.35 acres of which .09 acre is occupied by a graveyard. The applicants have been enjoying the land by establishing vegetable oil refining factory. The Roads and Highways Department tried to demolish the structures of the applicants but could not succeed because of a direc.......
2. Licence/permission for construction of use of jetty as a semi pucca structure on the river Shitalakkhya was given by BIWTA by a memo dated 22.9.1998 to M/S. Scancem Bangladesh Ltd. subject to payment of necessary fees. After that, three companies, namely, (1) Scan Cement Bangladesh (2) Scanc...... in the meantime, if so advised.
The applications for addition of party filed by the different applicants be kept with the record.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 257.
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Category: Environmental Law | Date: | Hits: 731
State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)
....thers……………………………….Condemned-Prisoners Judgment October 25, 2011. Result: The Criminal Appeal and Jail Appeal being No.2784 of 2011 and 207 of 2006 are allowed in part. The Criminal Appeal and Jail Appeal No.2783 of 2011 and Jail Appeal No.208 of 2006, Crimin......ru, Lalu and Shafique be called for. Let a copy of this Judgment and Order be comÂmunicated to the Court below concerned at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ......ru, Lalu and Shafique be called for. Let a copy of this Judgment and Order be comÂmunicated to the Court below concerned at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ..Category: Criminal Law | Date: | Hits: 158
Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)
....he plaint the land in west south comer 1.13 acres of land out of 2.93 acres of Plot No.510 was possessed by the defendant No.4 forcefully which is kha schedule. The plaintiff joint in the army and he participated in the second world-war and after the war, he left from army and came to his paternal h......earned Judge found that "none of the P.W.s corroborated or said anything to this effect. Therefore, plaintiff could not prove his possession since 1948 by virtue of alleged oral contract for sale and payment of alleged consideration money. Learned Judge also found that plaintiff did not specify the ......No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ..Category: Property Law | Date: | Hits: 83
Mohammad Ali Vs. Sukur Ali & others, 1985, 14 CLC (HCD)
....nbsp; Criminal Revision No. 47 of 1984. Judgment ATM Afzal J.- This Rule, at the insÂtance of the informant-petitioner, was issued upon the Deputy Commissioner, Narsingdi and other Opposite-parties to show cause why the Order dated 24.9.84 passed by the Additional Sessions Judge, Second Co......ite of the provisions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 1. ......ite of the provisions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 1. ..Category: Procedural Law | Date: | Hits: 102
Daud Ali (Md.) and others Vs. State, 2003, 32 CLC (HCD)
....Mostafa, P.W.2 Abdul Khaleque, P.W.3 Shamsuddin Biswas, P.W.4 Shaheb Ali Biswas, P.W.5 Golam Hossain Biswas, P.W.6 Torab Ali Biswas, P.W.7 Jiarat Ali, P.W.8 Dr. Hekmat Ali, P.W.9 Atiar Rahman, P.W.10 part investigation officer Zulfikar Ali P.Ws.2, 6, 7 were declared hostile by the prosecution and cr......appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ......appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ..Category: Criminal Law | Date: | Hits: 93
.... account of VAT. It was agreed upon that Pre-shipment Inspection Order 1999 being SRO 316-Law/99/1807/Customs dated 19‑10‑1999 (as modified by SROs dated 29‑1‑1999 and 25‑1‑2000) shall be part of the contract. Pursuant to the aforesaid contract the petitioners who had been appointed as P...... undertook to carry out the works as PSI agencies for a period of three years. The petitioners under the arrangement with the Government have been satisfactorily carrying on their works and receiving payment thereof without any withholding or deduction of any money on account of VAT. It was agreed u......pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 691.
..
Category: Fiscal/Taxation Law | Date: | Hits: 119
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