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BLAST Vs. Government of the People’s Republic of Bangladesh and others, 2007, 36 CLC (HCD)

....tation of Bhasantek slum dwellers and the rest 0.78 acres of land remains for allotment. The inhabitants are illegally residing upon the government acquired land as trespassers and the papers showing payment of electric bills and water bills are all created papers for the purpose of filing this writ...... With the above observations the Rule is disposed of without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (2008) 384, 8 LG (2011) HCD 325...

Category: Constitutional Law | Date: | Hits: 171

State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two

....e Marshal of the Court is directed to take the contemners, Matiur Rahman Chowdhury and HM Ershad into custody and confine them to Dhaka Central Jail to serve the sentence as imposed. In default of payment of fine by Mrs. Mahbuba Chowdhury within 2(two) months the Marshal of the Court shall take ......ffice is directed to send a copy of this judgment to the Secretary, Law Commission, Dhaka, for perusal and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 359. Part One ..

Category: Criminal Law | Date: | Hits: 130

National Sports Council Vs. A Latif and Company, 2001, 30 CLC (HCD)

....exts. The contractor never made any demand of loss nor there was any scope given to the employer to deny such claim. Even in his statutory notice, he could not assert that he ever made the demand for payment of any money and the employer denied any such claim. He made the demand for payment of money......rty made under section 8(2) of the Arbitration Act is rejected. Order of stay granted at the time of issue of the Rule is hereby re-called. Ed. This Case is also Reported in: 53 DLR (2001) 386. ..

Category: Alternative Dispute Resolution | Date: | Hits: 186

North South Property Development Ltd. Vs. Secretary, Ministry of Land and another, 1999, 28 CLC (HCD)

....tiality of petitioner’s project proposal by publishing notice in the newspapers (vide Annexure-E). Though the petitioner was surprised by the said move of the Government collected a bid document on payment and deposit of the requisite amounts. (Annexure-G, G-1 and G-2) Out of five originations tha......n 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) 7...

Category: Civil Law | Date: | Hits: 92

Abdus Sattar and others Vs. International Finance Investment and Commerce Bank Ltd., 1999, 28 CLC (HCD)

.... by the Artha Rin Adalat under the Artha Rin Adalat Ain the defendants had to file the Bank-guarantee for enabling them to prefer appeal under section 7 of the Artha Rin Adalat Ain which provides for payment of at least 50% of the decretal amount within 30 days from the date of the decree for prefer......ot been tendered within the provision of section 7 of the Artha Rin Adalat Ain. The Petition of Appeal is therefore rejected summarily. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 4. ..

Category: Banking Law | Date: | Hits: 108

Anwar Karim and others Vs. Bangladesh Bank and others, 1999, 28 CLC (HCD)

.... Thus it is clear that the classified loan as on 31-12-89 was brought forward with interest on 31-12-94 and, as such, the petitioner Nos.1 and 2 cannot be held liable for borrowing the amount and non-payment of the same within the due date. It appears from other materials on record that as soon as p......lity of respondent No. 5 under the borrower code No.9187 is declared to have been made without lawful authority and of no legal effect. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 1. ..

Category: Banking Law | Date: | Hits: 121

Oram Limited Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka, 2000, 29 CLC (HCD)

....olman Bangladesh Limited, as well as for itself. The petitioner is also registered as manufacturer under the relevant provision of the Value Added Tax (VAT) Act, 1991 and is doing business on regular payment of VAT as required under and in compliance with the provisions of VAT Act 1991 and the VAT R......28,688.00 for the period from August, 1995 to May, 1997 are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 53 DLR (2001) 373. ..

Category: Fiscal/Taxation Law | Date: | Hits: 91

Meghna Petroleum Marketing Co. Ltd. and others Vs. MF Limited and others, 2001, 30 CLC (HCD)

....eum depot is functioning and before paying octroi to the plaintiffs they used to pay octroi to the Khulna Municipality and this DW1 has submitted a statement containing of (eight) pages in respect of payment of octroi to the plaintiffs from July, 1978 to June, 1981 and this statement has been marked......No.274 of 1980 stands dismissed. The parties are directed to bear their respective costs although. Sand down the LC Record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 368...

Category: Fiscal/Taxation Law | Date: | Hits: 91

Alekjan Bewa and others Vs. Arefa Bewa and others, 2009, 38 CLC (AD)

....he concurrent findings of the Courts below. A partition suit remains pending till the date of passing of the final decree and if any co-sharer prays for allot­ment of saham out of the ejmali land on payment of proper Court fee, the Court can allow such prayer out of the ejmali property without dist......the above, we find no merit in the contention of the learned counsel for the petitioners. The petition is therefore, summarily dismissed. Ed. This Case is also Reported in: VII ADC (2010) 593...

Category: Property Law | Date: | Hits: 23

National Board of Revenue Vs. Dulal Chandra Bhoumik, 2009, 38 CLC (AD)

....High Court Division in Writ Petition No.8835 of 2008 making the Rule absolute and directing the respondents to assess the customs duty and other charges and release the petitioner's imported goods on payment of customs duties, taxes and other charges. 2. The facts, in short, are that the writ pet......vision in Writ Petition No.8835 of 2008 is stayed till disposal of the appeal. The petitioners are permitted to add additional grounds. Ed. This Case is also Reported in: VII ADC (2010) 584. ..

Category: Fiscal/Taxation Law | Date: | Hits: 73

Md. Abdur Rouf Vs. Judge of Artha Rin Adalat No.1, Dhaka, 2010, 39 CLC (AD)

....aid application. 9. The judgment debtor petitioner filed an application dated 12.10.2008 under Section 19(1) read with Section 57 of the Artha Rin Adalat Ain, 2003 praying for passing an order for payment of the decreetal amount by installments as pro­vided under Section 49(1) of the Artha Rin A...... Code of Civil Procedure has no manner of application in this case. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 548...

Category: Civil Law | Date: | Hits: 73

Ali Akbar Vs. Farijuddin and another, 2000, 29 CLC (HCD)

....hat he was prevented by any sufficient cause from appearing when the suit was called on for hearing, the Court shall make an order setting aside the decree as against him upon such terms as to costs, payment into court or otherwise as it thinks fit. 15. Provisions of section 5 of the Limitation A......f issuance of the Rule and, thereafter, extended from time to time and lastly, extended till disposal of the Rule stand vacated. No costs. Ed. This Case is also Reported in: 53 DLR (2001) 284...

Category: Procedural Law | Date: | Hits: 83

Abdul Rouf (Md.) alias Nayan Vs. State and another, 1999, 28 CLC (HCD)

.... party also came to purchase potato but they disclosed that some of their bills which were pending in different cantonments were not cleared and, as such, they would not be in a position to make cash payment and requested for delivery of potato on credit and accordingly, the potato was delivered on ...... Rule is made absolute. Proceedings of CR Case No. 301 of 1990 pending in the court of Chief Metropolitan Magistrate, Chittagong are quashed. Ed. This Case is also Reported in: 53 DLR (2001) 283...

Category: Criminal Law | Date: | Hits: 39

Shahjahan (Md) Vs. State, 2000, 29 CLC (HCD)

....li in Sessions Case No. 16 of 1992 convicting and sentencing the accused appellant under section 302 of the Penal Code to suffer imprisonment for life and to pay a fine of Taka 2,000.00 in default to payment of fine to suffer imprisonment for 2(two) months more, mainly on the grounds, among others, ......months. Send down the original case record at once with a copy of the Judgment for perusal and necessary action accordingly. Ed. This Case is also Reported in: 53 DLR (2001) 268. ..

Category: Criminal Law | Date: | Hits: 38

Abdul Samad Gazi Vs. Abdul Khalil Gazi and others, 2000, 29 CLC (HCD)

....sition that during the war of liberation in 1971 he was in need of money and took loan of Taka 150.00 from one Khalil Raj and gave him a blank stamp paper with his signatures on and a year later on repayment, he took back the said stamp paper and kept in an earthen pot along with his other documents...... Munsif is hereby affirmed. In the result, the Rule is made absolute but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 53 DLR (2001) 262...

Category: Civil Law | Date: | Hits: 94

Star Medical Store Vs. Subordinate Judge, Artha Rin Adalat and other, 2001, 30 CLC (HCD)

....l right of the petitioner has been infringed as because if the suit would have been tried as an ordinary money suit as covered by the Civil Procedure Code the petitioner could have filed an appeal on payment of ad valorem court fee only, on the decretal amount and within 90 days from the date of the......ears by this time. For the reasons and discussions made above, this writ petition does not merit and accordingly it is rejected summarily. Ed. This Case is also Reported in: 53 DLR (2001) 254...

Category: Civil Law | Date: | Hits: 93

Abdul Hamid Chowdhury and others Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)

....figures of family expenses have been affirmed by the AJCT and in affirming the family expenses he also took due note of the number of the family members, telephone expenses, maintenance of ground and payment of wages to the night guards and thus found that the estimation made by the DCT was right an...... Accordingly, we answer both the questions in the negative and in favour of the assessee applicant, however, without any order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 234...

Category: Fiscal/Taxation Law | Date: | Hits: 64

Pubali Bank Ltd. Vs. Abdul Jalil Bhuiyan, 2000, 29 CLC (HCD)

....le is directed against the order dated 18-9-97 passed by the Subordinate Judge and Artha Rin Adalat, 2nd Court Madaripur in Money Execution Case No.25 of 1994 waiving 60% of the interest and allowing payment of the balance of the decretal dues by instilments. 2. Short facts relevant for the purp......rected to dispose of the execution Case with utmost expediency. Communicate the order of the court to the learned execution court at once. Ed. This Case is also Reported in: 53 DLR (2001) 217...

Category: Civil Law | Date: | Hits: 92

Titas Gas (T & D) Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)

....uity inasmuch as the assessee-applicant maintain their accounts on the mercantile basis and, as such, when the gratuity becomes due it debited in the accounts of the employees and, as such, no actual payment of the same is required. The learned Advocate further submits that provisions of claiming ba......the affirmative and against the assessee applicant and we refrain from answering the other questions. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 209. ..

Category: Fiscal/Taxation Law | Date: | Hits: 82

Bangladesh Water Development Board Vs. Contractor, Manu Barrage, 2000, 29 CLC (HCD)

....and outstanding dues of Taka 16,03,278.00 out of the final 50th bill were not paid to the plaintiff. The contract price was enhanced from 7.76 crore to 12.18 crore out of which the plaintiff received payment of Taka 12.02 crore (7.93 crore for tender items and 4.09 crore for non-tender items). 7.......ll realisation. The parties are directed to bear their own respective costs. Send down the record of the case without any further delay. Ed. This Case is also Reported in: 53 DLR (2001) 200. ..

Category: Civil Law | Date: | Hits: 132