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Dr. S.M. Eunus Ali Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
....” 5. The plaintiff bank examined one witness as P.W.1 in support of its case and the defendants also produced one witness as D.W.1 in support of his case. Besides, both the parties produced some relevant papers and documents which were duly marked as exhibits in the Artha Rin suit. 6. The Ar...... The plaintiff bank examined one witness as P.W.1 in support of its case and the defendants also produced one witness as D.W.1 in support of his case. Besides, both the parties produced some relevant papers and documents which were duly marked as exhibits in the Artha Rin suit. 6. The Artha Rin A......sdiction) Present: Nozrul Islam Chowdhury Mohammad Ullah J Dr. S.M. Eunus Ali………………………………………Petitioner (Defendant-Judgment Debtor) Vs. Artha Rin Adalat and others………………………Respondents Judgment December 3, 2012. Result: The......iff bank examined one witness as P.W.1 in support of its case and the defendants also produced one witness as D.W.1 in support of his case. Besides, both the parties produced some relevant papers and documents which were duly marked as exhibits in the Artha Rin suit. 6. The Artha Rin Adalat upon ..Category: Civil Law | Date: | Hits: 254
Md. Shahid Bepari @ Shahidullah and other Vs. State, 2009, 38 CLC (HCD)
....er and Abul Kalam are discharged from the respective bail bond. Send down the lower Court records with a copy of Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 130. ......er and Abul Kalam are discharged from the respective bail bond. Send down the lower Court records with a copy of Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 130. ....... ......serves, either immediately or mediately, to convince the mind of the truth or falsehood of fact or proposition; and the proof of matters of fact in general are our senses, the testimony of witnesses, documents and the like. The definition of proof centres round probability, we think that preponderan..Category: Criminal Law | Date: | Hits: 153
Ibrahim Akand and others Vs. Securities and Exchange Commission and others, 2009, 38 CLC (HCD)
....bmits that the restriction on payment of dividend by way of stock shares and raising shares by rights issue contravenes the basic principles of the company Law as well as law of Trust and as such the relevant portion of Rule 66 should be declared to have been passed without lawful authority. He furt......hat there would be some alterations in the SEC (Mutual Fund) Rules, 2001. One of the changes was to prohibit the Mutual Funds to issue stock dividend. On 1.7.2008, through an advertisement in the newspapers Respondent No.1 invited opinions, advice or objections from among all concerned regarding the......se is also Reported in: 30 BLD (HCD) (2010) 49. ......ble him to file CMP before the Appellate Division. The prayer is allowed and the operation of the Judgment is stayed for one (1) week. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 49. ..Category: Business or Commercial Law | Date: | Hits: 462
A. Aziz Mollick Vs. State, 2008, 37 CLC (HCD)
....manbaria on further undertaking to produce the same to the Court on and when directed by the same. 18. Copy be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 230. ......manbaria on further undertaking to produce the same to the Court on and when directed by the same. 18. Copy be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 230. ......Code of Criminal Procedure at the instance of petitioner A. Aziz Mollick calling upon sole State opposite party to show cause as to why impugned order dated 4.10.2007 passed by learned Sessions Judge and Special Tribunal No.1 Brahmanbaria rejecting prayer of the petitioner under section 516 A of the......itioner purchased the said Truck from Mrs. Momtaj Begum was not mentioned in affidavits by both Mrs. Momtaj Begum and A. Aziz Mollick. 6. Learned Advocate shows that photocopies of all above basic documents such as Blue Book Road Licence, and above 2 affidavits before Notary Public have been file..Category: Procedural Law | Date: | Hits: 194
Transfin Trading Ltd. Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)
....rected to return bank guarantee No. BASB/LGREE/00001/2001 dated 23-3-2001 (Annexure 'H') and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Short fact relevant for disposal of the rule are that the petitioner is private limited company incorporated un......duty payable by the petitioner within a period of 30 days from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 359. ......Division (Special original Jurisdiction) Present: Shahidul Islam J Md. Rais Uddin J Transfin Trading Ltd…………………………Petitioner Vs. The Commissioner of Customs and others……………………………Respondents Judgment October 11, 2010. Result:...... warehouse for home consumption, or on any goods entered for exportation, for the reason that the goods required chemical or other test or a further enquiry for purposes of assessment, orthat all the documents or complete documents or full information pertaining to those goods have not been furnis..Category: Fiscal/Taxation Law | Date: | Hits: 194
.... মূল্য সংযোজন কর (অগ্রীম পরিশোধ) বিধিমালা, ২০০৪ which has come into force on 1-9-2004. The Rules 5 and 6 of the said Rules arerelevant which read as follows:
(৫) মূল্যনিরুপণ- (১) বাণিজ্......eived in the above two writ petitions to the respective petitioners within a period of 1 (one) month from the receipt of the judgment.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011)351.
......This Case is also Reported in: 16 BLC (HCD) (2011)351.
......etric tons of Soda Ash (Light) from China at the rate of US$ 161 per metric ton C&F Chittagong.
5. The said imported goods were shipped by the exporter and the petitioner received all shipping documents covering the Commercial Invoices, Bills of Lading etc.
6. It is stated that usually in ..
Category: Fiscal/Taxation Law | Date: | Hits: 220
Gopinath Das and others Vs. Government of Bangladesh & others, 2010, 39 CLC (HCD)
.... for whatever reasons is unclear and the ignorance pleaded by the Government is fairly justifiable. 31. In this respect few lines from the impugned Judgment of the learned Joint District Judge are relevant: “...নথি পর্যালোচনায় দেখা যায় যে, মূ......of the giant design to grab, if at all, such a huge tract of land in the city centre. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 167. ......Case is also Reported in: 64 DLR (HCD) (2012) 167. ......ee ex-parte which is impugned before us. 21. During hearing of the instant revisional application a supplementary affidavit was filed on behalf of the petitioners bringing on records a number of documents, namely, certified copy of the Judgment passed in Title Suit No.550 of 1984 filed by one A..Category: Property Law | Date: | Hits: 149
Sayed Hasan Imam Litu Vs. Al-Arafah Islami Bank & another, 2011, 40 CLC (HCD)
..... In the result the Rule is discharged. The Order of stay granted earlier is hereby vacated. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 255. ....... In the result the Rule is discharged. The Order of stay granted earlier is hereby vacated. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 255. ......t opposite party No.1 filed a Complaint Case No.59 of 2006 against the petitioner in the Court of learned Magistrate, 1st Class, Gazipur alleging, inter alia, that the petitioner is a registered bank and governed under the supervision of the Bangladesh Bank and engaged in different financial busin......ithin 7 days does not arise at all and the criminal proceeding is not quashed and the rule is liable to be discharged. 6. Heard the learned Advocate for the opposite party No.1 and perused the documents and relevant provision of law. 7. Admittedly in this case on perusal of the petition ..Category: Civil Law | Date: | Hits: 217
Shah Alam (Md.) Vs. Bangladesh Water Development Board, 2012, 41 CLC (HCD)
....t aside an award or to get an award remitted for reconsideration. Thirty days The date of ser-vice of the notice of filing of the award. 15. For disposal of this rule, relevant sections of Arbitration Act as well as Limitation Act are required to be referred to. We ha......Mr. Kamal-ul-Alam, made his submission that since no notice was served by the Arbitrator, this opposite party filed the written objection within time of his knowledge with adequate security. From the papers produced, it appears that opposite party appears in the suit on 3-9-2005 and filed applicatio......d. Al-Akram (Badal), 46 DLR 122; Bangladesh Water Development Board Vs. Progati Prakaushali, 49 DLR 335; Haji Amir Bux Vs. Sono Khan, PLD 1979 Karachi 45; Bangladesh Water Development Board Vs. Nasim and Brother, 1988 BLD 369; Mol Enterprises Inc. Vs. Government of the People's Republic of Banglades......rder of stay at the time of issuance of the rule is hereby vacated. Let a copy of the Judgment be sent to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 245. ..Category: Civil Law | Date: | Hits: 195
Bank of Small Industries & Commerce Bangladesh Vs. Shahabuddin Ahmed, 2012, 41 CLC (HCD)
.... Case No.404 of 2004 allowing the said case under Order XXI Rule 58 of the Code of Civil Procedure, should not be set aside or such other order passed as this Court may seem fit and proper. 2. The relevant facts necessary for disposal of the rule are that the petitioner, namely Bank of Small Indu......receipt of the lower Court records. Send down the LCRs along with a copy of the Judgment and order to the Court below immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 241. ......……..Petitioner Vs. Shahabuddin Ahmed……………………Opposite-Parties Judgment March 14, 2012. Result: The rule is made absolute. Case Referred to- Babul Chowdhury and others Vs. Reba Rani Saha and others, 15 BLD 644. Lawyers Involved: Md. Khurshid Alam Kh......ithin a period from 2.8.1992 to 22-2-1995 by resorting to forgery and fraud. The defendants 2-3 had helped the defendant No.1 to encash the forged and fraudulent cheques. All the vouchers and related documents of the Bank were signed by the Bank employees, defendants 2-3. Since the defendants 1-3 di..Category: Civil Law | Date: | Hits: 161
Harunor Rashid Halder Vs. Entaj Sheik & others, 1983, 12 CLC (HCD)
....the unsuccessful party a fresh start of limitation in order to bring a suit for recovery of possession. In delivering the Judgment the said Division Bench of the Calcutta High Court observed in the relevant portion thus:- "It is no doubt true, if things stood alone, that it was perfectly compet......Rule is discharged. The impugned proceeding is set aside. Send down the record at once. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 286. ......itioner Vs. Entaj Sheik & others………………………………Opposite parties Judgment May 19, 1983. Result: The Rule is discharged. Cases Referred to- Aran Sardar and ors. Vs. Hara Sundar Majumdar and ors., 27 Calcutta Weekly Note (C.W.N.) at page 171. Lawyers......Rule is discharged. The impugned proceeding is set aside. Send down the record at once. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 286. ..Category: Criminal Law | Date: | Hits: 88
Azibur Rahman Alias Arzu Vs. Kala Miah & another, 1982, 11 CLC (HCD)
....ned order shall not be stayed. The appeal and the Rule have been heard together. 4. Mr. Sheik Ashfuq Ali, the learned Advocate for the appellant has taken us through the impugned order and other relevant materials. The learned Advocate submits that the application filed by respondent No.2 Haji ....... The appeal and the Rule are accordingly disposed of. Parties are made to bear their own costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 77. ......zibur Rahman Alias Arzu……………………………Appellant Vs. Kala Miah & another……………………………Respondents Judgment March 22, 1982. Result: The appeal and the Rule are disposed of. Lawyers Involved: Shaik Ashfuq Ali - For the Appellant. Syed....... The appeal and the Rule are accordingly disposed of. Parties are made to bear their own costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 77. ..Category: Procedural Law | Date: | Hits: 146
Makhlekur Rahman Vs. State, 1982, 11 CLC (HCD)
....l bonds forthwith. The Rule is, accordingly, made absolute. Communicate the order at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 72. ......fore the hearing of the Rule. The learned Deputy Attorney-General, however, at the time of bearing informed us that inspite of his efforts he has neither received the necessary instructions nor any papers in connection with the case although six weeks had elapsed since the issuance of the Rule. ...... made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A In case of prolongation of the proceeding which will amount to a sheer abuse of the process of the Court and harassment of the accused and for ends of justice the proceedings can be quashed……………......l bonds forthwith. The Rule is, accordingly, made absolute. Communicate the order at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 72. ..Category: Criminal Law | Date: | Hits: 62
Kazi Aftabuddin and others Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....have been returned to the owners on a 99 years lease as per Memo No. MV/AT/6A‑2/)2)‑26/80/288 dated 18‑5‑80 issued by the Ministry of Defence. Therefore, the Defence Ministry is very much the relevant authority to decide which land is required to be kept by them for the development purpose f......h step has been taken by the authority to remove the structures. In view of the above, the petition is rejected summarily. No cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 422. ......This case is also Reported in:49 DLR (HCD) (1997) 422. ......h step has been taken by the authority to remove the structures. In view of the above, the petition is rejected summarily. No cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 422. ..Category: Property Law | Date: | Hits: 67
Hasan Malik (Md.) @ Titu Vs. State, 2009, 38 CLC (HCD)
....t 6 and his signature, Exhibit 6/1. In cross-examination he stated that he was employed in the Golapdy Bazar Camp. 21. P.W. 12 CA Halim was the officer-in-charge of Araihazar Police Station at the relevant time. He stated that on 5-10-2005 at 12-40 hours he received the first information report o......ferred to the decision held in the case of Mokter Hossain Vs. State, 2008 MLR (AD) 186 (relevant p. 188, para 7) which reads as under: "We have heard the learned Advocate and perused the connected papers including the impugned judgment. We find from the evidence and materials on record that the p......asmin, Assistant Attorney General with Md. Nur Nabi, Advocate — For the State. Criminal Appeal No. 2442 of 2008. Judgment Md. Azizul Haque J. - This appeal is directed against the judgment and order dated 8-4-2008 passed by the Sessions Judge, Narayanganj in Session Case No. 987 of 2006 c......the Penal Code. He is set at liberty forthwith if not wanted in any other connection. Send down the lower Court records accordingly. Ed. This Case is also Reported in: 61DLR (HCD (2009) 303. ..Category: Criminal Law | Date: | Hits: 91
Amena Begum Vs. Md. Ruhul Amin and others, 2008, 37 CLC (HCD)
.... passed an order of dismissed for default for non appearance of the pre-emptor. 4. This case was contested by the pre-empted No. 2 by filing a written objection contending, inter alia, that on the relevant date of hearing the preemptor was not sick and for causing the delay in disposal of the cas......ith law. Office is directed to communicate the order at once with a copy of judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 301. ......preme Court High Court Division (Civil Revisional Jurisdiction) Present: SM Ziaul Karim J Amena Begum…………………………………………Petitioner Vs. Md. Ruhul Amin and others………………Opposite Parties Judgment November 26, 2008. Result: The Rul......ith law. Office is directed to communicate the order at once with a copy of judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 301. ..Category: Procedural Law | Date: | Hits: 133
Hubble Corporate Ltd. Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)
....amined the writ petition, supplementary affidavit, affidavit-in-opposition, supplementary affidavit-in-opposition, the impugned order and the connected materials on record. We have also studied the relevant provisions of law as well as the decisions as referred to by learned Advocate for the petit...... 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. ......nts Judgment August 4, 2010. Result: The Rule is discharged. Case Referred to- Abdul Jalil Vs. Islami Bank Bangladesh Limited, 53 DLR (AD) 12; Pubali Bank Ltd. Vs. Sultana Oil Mills and Soap Factory, 51 DLR 323; Burma Eastern Ltd. Vs. Burma Eastern Employees Union, 18 DLR 709; Shaf......he suit. The learned Judge of the Adalat rejected the said application, which resulted in this writ petition. 3. The petitioner also filed a supplementary affidavit dated 12-4-2009 annexing some documents with the supplementary affidavit, which were not filed by the petitioner at the time of fi..Category: Civil Law | Date: | Hits: 176
Mangal Chandra Sarker and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... order of acquisition of the land described therein. 9. The petitioners, in all the writ petitions, narrating their claim of title stated that the respondents did not comply with the provisions of relevant law while making requisition and subsequently acquisition of the land in question. No sta...... of the learned Advocates for the petitioners that the notice under section-1 I think it will be 5(1a) had not been served in accordance with law. From the order dated 28-11-1988 it appears that some papers relating requisition and acquisition of land in LA Case No.5 of 1972-73 were called for by th......Case is also Reported in: 64 DLR (HCD) (2012) 152. ......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
....pecified in the notification, a tax of business turnover accruing on and from the first day of month of next following thirty days from the date of publication of such notification or, in relation to relevant goods and services from the date of publication of the notification under section 4, which ......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.
......urt Division
(Special Original Jurisdiction)
Present:
Md. Abdur Rashid J
Md. Miftahuddin Choudhury J
Dr. Md. Habibullah……………………Petitioner
Vs.
Additional Secretary and Member (Appeal and Revision) and others………..Respondents
Judgment
May 15, 2007.
Re......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.
..
Category: Administrative Law | Date: | Hits: 491
Md. Iddris Sheikh Vs. State, 2008, 37 CLC (HCD)
....f Chief Judicial Magistrate, Faridpur, shall continue in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 223. ......f Chief Judicial Magistrate, Faridpur, shall continue in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 223. ......pposite parry Judgment May 6, 2008. Result: The Rule is discharged. The Negotiable Instrument Act, 1881 The Negotiable Instrument Act, 1881, by its nature, is not a cumbersome Act, and the proceeding under section 138, once the offence is admitted, is summary in nature and there i......losed in the petition of complaint or in evidence taken in inquiry by the Magistrate, no offence disclosed on the basis of prosecution materials. The respondent may have in his possession a number of documents to disprove the complaint but as those materials are not yet of the part of the materials ..Category: Criminal Law | Date: | Hits: 103
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