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....l be entertained by the Court unless the applicant had deposited in the Court the amount which he is required to pay under the award or has furnished security to the satisfaction of the Court for the payment of such sum or for the fulfillment of any other obligation by him under the award.
Sectio......Plaint of the suit having been rejected, no separate order needs to be passed on the application of defendant No. 3 for striking out its name.
Ed.
This Case is also Reported in: 54 DLR (2002) 17...
Category: Civil Law | Date: | Hits: 101
M Mojibul Haque Vs. DG, Bangladesh Bureau of Anti-Corruption & ors., 2001, 30 CLC (HCD)
....l Chanda Dwarkadas Morarka Vs. King, AIR (1948) (PC) 82. In the premises, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 24. ...... to expire and a request made to that effect by the contractor assuring that he would nonetheless continue the work even after the bills were passed. The contractor, however, deposited one of the two cheques being cheque No. 224144 dated 30‑6‑1999 with the petitioner as security. Subsequently, t..Category: Anti-Corruption Laws | Date: | Hits: 138
Kalur Hat KC Bilateral School Vs. Sabbir Hossain Chowdhury & others, 1999, 28 CLC (HCD)
....parties. The learned Advocate further submits that the plaintiff-school submitted a large number of documents such as sale certificate, copy of the writ of delivery of possession, several receipts of payment of rents and the return under President’s Order 98 of 1972 as to the ownership of the suit......er as to costs and the impugned order of the learned District Judge is set aside and that of the learned Subordinate Judge is restored. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 102...Category: Property Law | Date: | Hits: 21
Shahjahan Ali Khan (Md) and others Vs. Bangladesh, 1999, 28 CLC (HCD)
....e upon adding proviso in sections 31 and 34 of the Ordinance since the Arbitrator and the Tribunal have been deprived of the right to act independently and in a free mind in the matter of question of payment of adequate compensation in respect of acquired land. As it is seen from the amendment that ......ion of Article 116A of the Constitution. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 99. ..Category: Alternative Dispute Resolution | Date: | Hits: 191
Saroj Kanta Sarker Vs. Seraj‑ud‑Dowla & ors., 2003, 32 CLC (HCD)
....t be proved. 21. He submitted that the trial Court fell in error in relying upon the endorsement/ acknowledgment alleged to have been made by defendant No. 1 on the back of the agreement receiving payments of money oil different dates without noticing that there is no Mention Of Such endorsement ......dant No. 1 would continue enjoying said 5.143 acres of land covered by two contracts and upon receipt of Taka 60,34,533 the remainder of the considerations from pro‑forma defendant No. 4 in cash or cheque would execute and register necessary deeds of sale in favour of the plaintiff and defendant N..Category: Civil Law | Date: | Hits: 78
National Bank Ltd. and others Vs. Habib Bank Ltd. and others, 2002, 31 CLC (HCD)
....n Express International Banking Corporation, New York (AMEX for short). The Habib Bank, Dubai Branch, also informed the NBL, Khulna Branch, by its telex dated 20‑3‑1986 about their such demand of payment from AMEX, New York. In the meantime, the plaintiff of TS No. 56 of 1987 came to learn from ...... dismissed. In the circumstances, there shall be no order of costs in any of the appeals. Send down the lower Court records forthwith. Ed. This Case is also Reported in: 56 DLR (2004) 15. ..Category: Business or Commercial Law | Date: | Hits: 202
Didarul Kabir (Md) Vs. Commissioner of Customs and others, 2001, 30 CLC (HCD)
....nd thereafter the Registrar of the High Court Division by a letter dated 11‑3‑98 asked the petitioner No.1 to comply with all the formalities, terms and conditions of the auction sale and to make payment of tax, etc and port dues against vessel MV Alexandra. After the confirmation of the auction......ischarged however without any order as to cost. The respondents are at liberty to realise the balance dues by encashing the Bank Guarantee. Ed. This Case is also Reported in: 55 DLR (2003) 11...Category: Fiscal/Taxation Law | Date: | Hits: 77
Nannu Mia @ Habibur Rahman Vs. State, 2002, 31 CLC (HCD)
....nt law; section 25B of the Special Powers Act; Penalty for smuggling: "(1) whoever, in breach of any prohibition or restriction imposed by or under any law for the time being in force, or evading payment of customs duties or taxes leviable thereon under any law for the time being in force. (a...... the charge thereunder. The appellant be set at liberty, if not wanted in any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 7. ..Category: Criminal Law | Date: | Hits: 43
....tons. It requires for its production raw materials from abroad. It says it will be obliged, each time it imports its raw materials from abroad, to divert a substantial part of its working capital for payment of customs duties and taxes. It, therefore, applied to the respondent No. 4 on 3-7-2000, in ......sion we are of the opinion that the Rule is liable to be discharged. In the result the Rule is discharged. There will he no order as to cost.
Ed.
This Case is also Reported in: 54 DLR (2002) 1.
..
Category: Fiscal/Taxation Law | Date: | Hits: 108
Delwar Hossain Sowdagar Vs. State, represented by the Deputy Commissioner, 2002, 31 CLC (HCD)
....lia, that the petitioner was appointed distributor for delivery of products of the complainant's mill on 18‑11‑89 for a period of one year, that on different dates the petitioner took delivery on payment of portion of the price of the goods and in the process an amount of Taka 1,51,57,600/50 fel......7,600/50 fell due from the petitioner to the complainant, that upon request of the complainant, the petitioner promised to pay the outstanding amount and towards liquidation of the said amount issued cheques upon the IFIC Bank Ltd. at Khatungonj, Chittagong Branch, Accordingly, the complainant produ..Category: Civil Law | Date: | Hits: 83
Sonali Bank and another Vs. Md. Harun, 1999, 28 CLC (HCD)
....s own pocket. His further case is that, when the defendant hank failed to pay 70% of the IDA credit the plaintiff applied for the balance 35% from IDA credit. But the defendant bank instead of making payment under IDA credit saddled him with a cash credit amount of Taka 3.00 lac from their own fund.......further submits that in addition to this amount the bank also paid Taka 4.00 lac to the plaintiff respondent. It is in his evidence that they paid Taka 6.70 lac as working capital of the plaintiff by cheques. But with that amount the plaintiff has not purchased the goods. His simple evidence in exam..Category: Civil Law | Date: | Hits: 72
....ry duty as the same was essential and baby food item. Section 7(15) of the Finance Act, 1998 amended the Third Schedule of the VAT Act and included milk powder making the import of the same liable to payment of 2.5% supplementary duty. All the milk powders taken out of petitioner’s bonded ware-hou...... the above facts and circumstances we find no merit in this Rule.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 72...
Category: Fiscal/Taxation Law | Date: | Hits: 93
.... predecessor purchased the case property on 13-9-76 by a registered Kabala from Begum Nessa Bibi and after purchase their predecessor constructed thereon four small huts in which they are residing on payment of Municipal taxes. The case property was duly mutated in the name of their predecessor late......f Public Works and Urban Development for information at once.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 67...
Category: Property Law | Date: | Hits: 28
AMC Bennett and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....ine affected persons and they have already been allotted plots by the respondent No. 3, and the present petitioners are not affected persons and, as such, no allotment was made in their favour. After payment of compensation to the bona fide affected persons the ADC (LA), on behalf of the Deputy Comm......petition seems to be frivolous and without any substance. Accordingly, the Rule is discharged with cost of Taka 15,000 (fifteen thousand). Ed. This Case is also Reported in: 59 DLR (2007) 178...Category: Property Law | Date: | Hits: 34
Tahera Begum and others Vs. First Court of Settlement and others, 2006, 35 CLC (HCD)
....ge deed is marked as Annexure-F to this writ petition. 4. The original lessee also maintained a telephone and has been paying monthly bills regularly, he obtained a certificate in respect of payment of the telephone bills upto 1-12-1972 from the Accounts Officer, Telephone Revenue, Dhaka be......ly included in the 'kha' list of the abandoned buildings. In the result, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 59 DLR (2007) 173. ..Category: Property Law | Date: | Hits: 29
AVP, Uttara Bank Ltd. Vs. Shahabuddin Khan and others, 2006, 35 CLC (HCD)
.... cost. Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 166. ......pondent Hari Bandhu Sarker's job was to maintain accounts in the head office whereby he was in the position of a worker and it was only by way of exception that he was made by the authority to sign cheque jointly with the manager. Mere signing of cheques jointly with manager did not take Hari Band..Category: Employment/Service Law | Date: | Hits: 69
Monir Hossain Vs. Artha Rin Adalat No.4, Dhaka & others, 2010, 39 CLC (AD)
....er of Attorney was executed in favour of the Bank for mortgaging the same. The respondent Nos. 4-6 (defendant Nos. 2-4) also executed all necessary documents in favour of the bank as a security for repayment of the loan including personal guarantee. Respondent Nos. 3-6 availed the loan and purchased......rit petition is not legally maintainable. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 236. ..Category: Civil Law | Date: | Hits: 78
Mrs. Zinnatul Ara and others Vs. Bangladesh, 2009, 38 CLC (AD)
....haser which was also wrongly upheld by this Division in disposing of the civil petition. He further submits that since by this time the petitioners deposited Tk.75 lacs, auction could be set-aside on payment of solatium in favour of the auction purchaser. 5. We have heard the learned Advocate for......vision rightly dismissed the Civil Petition for Leave to Appeal. Since no new point is raised, this petition for review is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 185...Category: Civil Law | Date: | Hits: 85
Abdul Malek (Md) and another Vs. Sanowar Hossain and others, 2007, 36 CLC (HCD)
....ndivided consequently, their liability to pay rent to the immediate landlord also remains joint. There is nothing common amongst the co-sharer tenants excepting their joint liability in the matter of payment of rent, and they ceased to be co-sharers for all practical purposes, Now, if a portion or s......er passed by the Court of Appeal below is affirmed. Let the lower Court records along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 124. ..Category: Property Law | Date: | Hits: 39
Chairman, RAJUK Vs. Abdul Matin Crore, 2006, 35 CLC (HCD)
.... between the defendant and such expenditure. Subsequently, on the prayer of plaintiff dated 28-121992, the defendant by its office Memo No. RAJUK /Estate/1320 dated 10-6-1993 extended the period of payment of third and fourth installments upto 3112-1993. On 14-6-1993 the plaintiff made an undert......stands dismissed. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 118. ..Category: Property Law | Date: | Hits: 31
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