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Bimol Rosario Vs. Barbara Rosario and others, 2013, 42 CLC (HCD)

....w are hereby maintained. Let a copy of this judgment along with the lower Court s record be sent down at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 122.   ...... as prayed for or any other reliefs? 5. At the trial plaintiff side examined as many as 3 witnesses and the defendant side exam­ined 2 witnesses and both the parties also exhibit­ed some documents including gift deed No.2453 dated 30-6-2004 and hand writing expert's opin­ion. ..

Category: Civil Law, Evidence Law | Date: 22 May, 2013 | Hits: 3

Nazrul Islam (Md.) & others Vs. Mahfuzur Rahman and others, 2013, 42 CLC (HCD)

....order along with the lower Court s record be sent down to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 126.   ...... parties and the numbers of the rent suit. It was further adverted in the written statement that through the case No.126 (12) 53-54 the tenancy of the former tenants were annuled but their appears no documents in support of this important contention. Though the defendants filed papers marked exhibit..

Category: Property Law | Date: 21 May, 2013 | Hits: 6

Moon Construction Company Limited Vs. Government of Bangladesh & others, 2013, 42 CLC (HCD)

....ent. Office is directed to communicate the copy of this judgment forthwith. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 193         ......echnology of Khulna under the package No. W-092-N-CMMU-and W-093-CMMU, (in brief "the packages") and obtained work order for the same on 26-6-2006. 3. Accordingly, necessary papers and documents were handed over to the petitioner by the respondent Nos. 7 and 8 and other concerned auth..

Category: Constitutional Law | Date: 16 May, 2013 | Hits: 4

ABSCO Limited Vs. Artha Rin Adalat No.2, Dhaka & another, 2013, 42 CLC (HCD)

....charged without any orders as to costs.' Communicate the judgment to the court con­cerned at once.  Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 9.   ......charged without any orders as to costs.' Communicate the judgment to the court con­cerned at once.  Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 9.   ..

Category: Corporate Law, Others | Date: 15 May, 2013 | Hits: 8

Hasan Chowdhury (Md.) Vs. Bangladesh Bank and others, 2013, 42 CLC (HCD)

....10-12-99-0027 dated 25-4-2012 (Annexure -A) issued by the respondent No. 6 Manager, Standard Bank Ltd., in favour of the petitioner through the respondent No.8 Manager, Trust Bank Ltd. as negotiating bank for shipment of 271.250 MT of meat and bone meal from the seller's godown to buyer's fa......eply and other papers filed by the parties with precision. All these materi­als are before the respondent Nos.1-5 and in all fairness we would expect that after scrutinizing those' papers and documents and the relevant Laws as hint­ed herein after the respondents will come to a deci­..

Category: Banking Law | Date: 2 May, 2013 | Hits: 3

Sheikh Shahadat Hossain (Md.) Vs. National Board of Revenue, and others, 2013, 42 CLC (HCD)

.... (USD .79 per Kg). The appellant then released the said goods through B/E No. C 11138 dated 27-6-2007 after payment of duties as per the value determined by the customs authority upon fur­nishing bank guarantee for the excess duty imposed and filed a Complaint before the Review Committee as cons......vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522   ..

Category: Fiscal/Taxation Law | Date: 25 Apr, 2013 | Hits: 2

JIT Knit Composite Ltd Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)

....e Rule is made absolute. Section 45(1) (Ga) (Gha) and Section 49(Kha) of the Bank Companies Act clearly invest Bangladesh Bank with a strong regulatory power over the functioning and business of banking companies. Under Bank companies Act, 1991 Bangladesh Bank holds a sublime position as a......in stayed. With this observation and direction the Rule is made absolute. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 480.   ..

Category: Banking Law, Company Law | Date: 25 Apr, 2013 | Hits: 11

Bureau Veritas (BIVAC) Bangladesh Ltd. Vs. Customs Excise and Vat Appellate Tribunal, Dhaka and others, 2013, 42 CLC (HCD)

....the Commissioner of Customs, Chittagong is set aside. Communicate the judgment and send down the records. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ......am Kumar Roy, learned Deputy Attorney General appearing for the respondent submits that the Appellate Tribunal as well as the Commissioner of Customs in passing their respective orders considered the documents available on records. There is no illegality in the impugned orders which can be interfere..

Category: Fiscal/Taxation Law | Date: 24 Apr, 2013 | Hits: 186

Ranju Chandra Das Vs. Sree Radha Krishana Gour Netai Prova Jagabondhu Sundr Bigraha, 2013, 42 CLC (HCD)

....ore, the opposite-party No. 2 paid back the money received by her by two cheques one for Taka 30 (thirty) lakhs and the other one for Taka 50 (fifty) lacs. The said two cheques were placed before the bank by the peti­tioner but those were bounced. Therefore, the petitioner took recourse to the p......ng of Miscellaneous Case No. 28 of 2011 before the Joint District Judge if he is so advised. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 117       ..

Category: Civil Law, Procedural Law | Date: 18 Apr, 2013 | Hits: 2

Sayeda Kamrun Jahan Chowdhury Vs. Judge, Artha Rin Adalat No.1, Court Hill, Police Station-Kotwali, District-Chittegong and others, 2013, 42 CLC (HCD)

....the auction dated 11-11-2010 alleging, that the auction was held by show­ing the value of the property in a shocking low price and the petitioner in the meantime deposited outstanding dues of the bank to the tune of Taka 9, 23,000. The Adalat after hearing the application filed by the petitioner......sts. Let the copy of the judgment and order be sent to all concerned for information and neces­sary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 146   ..

Category: Civil Law, Procedural Law | Date: 26 Feb, 2013 | Hits: 3

Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)

....are hereby vacated. Send down the lower court’s record with a copy of the judgment and order at once. Siddiqur Rahman Miah J. - I agree. Ed. This Case is also Reported in: ......lion, equivalent to Tk. 447.00 crore and an agreement was signed on 11.03.1998. Daewoo Corporation was not a pre-qualified bidder because its bid did not contain 28 equipments mentioned in the tender documents. It was purchased despite not being qualified to consider as a Frigate for lack of equipme..

Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82

Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)

....ismissed. The appeal is dismissed with the above mod­ification of the judgment, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ......ent for non­payment of the balance consideration within six months. The defendant is under obligation to han­dover the vacant possession of the house except the shop and to deliver collateral documents of title and then to arrange for the execution of the tripartite deed with HBFC and the pl..

Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42

Rana Kaiser Siddiq Vs. Bangladesh Chemical Industries Corpora­tion and others, 2013, 42 CLC (AD)

....tioner as a director and shareholder of Bangladesh Commercial Bank Limited was looking for an opportunity to purchase more shares to strengthen his posi­tion in the Board of Directors of the said bank. Since this is a listed company, fee was not in a position to purchase further shares, which he......acts do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 31,18 MLR (AD) (2013) 161. ..

Category: Others | Date: 14 Feb, 2013 | Hits: 10

Shamir Chandra Sajwal and others Vs. Government of Bangladesh, 2013, 42 CLC (HCD)

....no order as to costs. Let a copy of the judgment along with the Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 386.   ......f remand cannot be enter­tained. The learned Counsels relied upon the following decisions of our Apex Court reported in 54 DLR (AD) 74 and 41 DLR (AD) 124. Regar­ding the admissibility of the documents produ­ced at this stage as additional evidence the lear­ned counsels referred anot..

Category: Procedural Law | Date: 13 Feb, 2013 | Hits: 8

AKM Mahtabul Islam Vs. Bangladesh and others, 2013, 42 CLC (HCD)

.... other or further order or orders passed as to this court may seem fit and proper." 2. While issuance of the rule, a direction was given by this court upon the respondent Bank to supply the bank accounts of the respondent No. 3 within 15(fifteen) days from the date of receipt of this order......s rule is discharged with an exemplary costs of Taka 10,000 (ten thousand) as condition precedent. Ed. This Case is also Reported in:  65 DLR (HCD) (2013) 539     ..

Category: Constitutional Law, Election Law | Date: 30 Jan, 2013 | Hits: 3

Mohammad Elias Vs. Commissioner of Customs, Chittagong and others, 2013, 42 CLC (HCD)

....cial invoices. 2. At the time of issuance of the Rule, an interim order was passed to allow the petitioner to release the goods on payment of duties on the basis of invoice value and on furnishing bank guarantee for the difference between the invoice value and the value that was determined by the......tances the High Court Division ignored the point of maintainability and directed the Customs authority to assess the goods finally in accordance with the Customs Valuation Rules, 2000 considering the documents of the petitioner and to return the bank guarantee, if the amount was due after such final..

Category: Fiscal/Taxation Law | Date: 28 Jan, 2013 | Hits: 59

Mohidul Islam (Ripon)(Md.) Vs. State and another, 2013, 42 CLC (HCD)

....case in accordance with law. Send a copy of the judgment and order to the concerned Special Judge immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 108.   ......, the Investigating Officer has shown assets on wrong calculation in the charge-sheet, and that the value of the paternal properties was shown excessive. By filing a supplementary affidavit with some documents, the learned Advocate for the accused-petitioner has tried to impress upon us that the Pri..

Category: Anti-Corruption Laws, Criminal Law | Date: 17 Jan, 2013 | Hits: 3

Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)

....warranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 50.   ......warranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 50.   ..

Category: Criminal Law | Date: 17 Jan, 2013 | Hits: 11

Shafiqul Alam (Md.) Vs. State, 2013, 42 CLC (HCD)

....inst another accused in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 83 ...... case that the dispute ought to have been examined at the time of framing charge. As such, the Appellate Division has taken the view that as the allegations with regard to the forgery of the disputed documents are yet to be decided at the time of trial and for considering con­tention of the peti..

Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4

Abul Khair Chandu Vs. State and another, 2013, 42 CLC (HCD)

....oney within one year. But he failed to repay the amount of loan. As such, the accused-petitioner issued a cheque towards part payment of the dues amounting to Taka 35 lac in favour of the complainant bank on 1-12-2004, but it was dishonoured by the Bank on several dates at last being on 16-2-2005. A......mplainant from seeking justice. 8. We have carefully gone through the grounds taken in the application under section 561A of the Code of Criminal Procedure, supple­mentary affidavits and the documents submitted by the parties. 9. It appears that on receipt of the petition of complaint,..

Category: Banking Law, Criminal Law | Date: 7 Jan, 2013 | Hits: 2