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....d over possession of the fishery in question and also to refund to the petitioner the proportionate lease money for the unexpired period of the lease.
Ed.
This Case is also Reported in:
......d over possession of the fishery in question and also to refund to the petitioner the proportionate lease money for the unexpired period of the lease.
Ed.
This Case is also Reported in:
......d a report in respect of his application and forwarded the same to the writ respondent No.1 for giving a decision. He further contended that the writ respondent No.6 quoted the highest proposed lease money and for that reason recommendation was made to grant lease in it’s favour.
6. After hea..
Category: Civil Law | Date: 28 Jul, 2013 | Hits: 169
Younusuzzaman (Badal) Vs. State and another, 2013, 42 CLC (HCD)
.... time of issuance of the Rule is hereby vacated. Communicate a copy of this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ...... the accused petitioner, for marketing and selling 10/1, 16/1 & 20/1 count cotton yarn produced by the said company. According to the terms and conditions of the agreement the complainant paid an amount of Tk. 20, 00,000/- (twenty lac) only to the accused petitioner on the date of signing of the......ng to the terms and conditions of the agreement the complainant paid an amount of Tk. 20, 00,000/- (twenty lac) only to the accused petitioner on the date of signing of the said agreement as security money, if the company of the accused-petitioner fails to supply yarn to the complainant as per terms..Category: Criminal Law | Date: 25 Jul, 2013 | Hits: 140
Chow Wen Chang and others Vs. SF Winsome Fashion Ltd. and others, 2013, 42 CLC (HCD)
....The respondent No.3 is directed to pay cost of Taka 50,000 to petition No.1 and Taka 50,000 to petitioner No. 2 within 30 days. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 584. ......The respondent No.3 is directed to pay cost of Taka 50,000 to petition No.1 and Taka 50,000 to petitioner No. 2 within 30 days. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 584. ......der made with reference to Article VIII of IMF Article of Agreement dated 24-3-1994, it is clear and an admitted position as well that the petitioner Nos. 1 and 2 are investors and they have invested money from their own fund. In such case, section 23 of FERA does not stand as a bar and should not b..Category: Company Law | Date: 24 Jul, 2013 | Hits: 10
....ether by implication of sub-section 4 of section 19 of Ain the suit will be automatically restored in both the situations.
13. In our interpretation, there is a fine line of understanding in the whole scheme of law in this regard. Right after passing of the ex parte decree section 19(4) comes i......standing that right after passing of the ex parte decree or from the date of knowledge of the ex parte decree if within 30 days as per sub-section (3) of section 19 by depositing 10% of the decreetal amount an application is filed for restoration of the suit after setting-aside the ex part......auction. A number of bids were submitted and highest bid was submitted by one Syed Masudur Rahman and Mosha: Rahima Begum at Taka 36,45,500 which was accepted by the petitioner bank and bid money was deposited by the auctioneers.
4. The respondent No.2-4 as petitioners file..
Category: Banking Law | Date: 24 Jul, 2013 | Hits: 10
Sarwar Hossain Moni (Md.) Vs. State and another, 2013, 42 CLC (AD)
....iewed in affirming the judgment and order passed by the High Court Division and accordingly, both these petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 283. ......titioner. 3. In CR Case No.4131 of 2008, it was alleged that the accused-petitioner issued a cheque in favour of the complainant bearing No.50/Kha(চ) 1204311 dated 30-4-2008 for an amount of Taka 50,00,000 drawn on Bangladesh Commerce Bank Ltd., Bangshal Branch, Dhaka of his Curre......iewed in affirming the judgment and order passed by the High Court Division and accordingly, both these petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 283. ..Category: Criminal Law | Date: 24 Jul, 2013 | Hits: 8
Zahidul Islam (Md.) Vs. Md. Kamal Hossain and another, 2013, 42 CLC (AD)
....irected to proceed with the trial of the Sessions case in accordance with law and dispose of the same expeditiously. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 180. ......-1899 of the same bank, but the cheque was returned on the ground of insufficiency of fund. Then the complainant by a legal notice dated 22-4-2007 demanded from the respondent the payment of the amount of the said dishonoured cheque and though the respondent received the notice on 24-4-2007, he...... by a legal notice dated 22-4-2007 demanded from the respondent the payment of the amount of the said dishonoured cheque and though the respondent received the notice on 24-4-2007, he did not pay the money to the complainant within thirty days from the date of receipt of the notice for which th..Category: Others, Procedural Law | Date: 23 Jul, 2013 | Hits: 9
Ayurvedia Pharmacy (Dhaka) Ltd. Vs. Meher Banu Bibi and others, 2013, 42 CLC (AD)
....in which deserves our interference. In that view of the matter the petition for leave to appeal is hereby dismissed Ed. This Case is also Reported in: 21 BLT (AD) (2013) 229. ......02.01.2000 to purchase the land described in the schedule, at a consideration of Tk.2, 34, 00,000/-out of which Tk.78, 00,000/- was paid in advance with a further commitment to pay the rest of the amount by 31 December, 2007. Subsequently on the incorporation of section 17A and 17B in the Regist......in which deserves our interference. In that view of the matter the petition for leave to appeal is hereby dismissed Ed. This Case is also Reported in: 21 BLT (AD) (2013) 229. ..Category: Civil Law | Date: 7 Jul, 2013 | Hits: 13
Wadud Mollah (Md.) Vs. Md. Nayem and Another, 2013, 42 CLC (AD)
....h the above observations. Let a copy of this judgment be communicated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ......erson whose arrest on a criminal charge to be imminent merely on his request, who appears in court, without other conditions for such bail being satisfied, and if such prayer is entertained, it would amount to an act of 'extravagance which cannot be countenanced'. The use of the expression &......h the above observations. Let a copy of this judgment be communicated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ..Category: Criminal Law | Date: 17 Jun, 2013 | Hits: 3
Golam Rasul Belal Vs. Habibullah Shakir and another, 2013, 42 CLC (AD)
....t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58. ......ng filed .the instant complaint case under section 138 of the Negotiable Instrument Act, 1881 on 9-9-2004 and at the relevant time provision was to make a demand for the payment of the said amount of money by giving a notice in writing and in the petition of complaint, the complainant......the instant complaint case under section 138 of the Negotiable Instrument Act, 1881 on 9-9-2004 and at the relevant time provision was to make a demand for the payment of the said amount of money by giving a notice in writing and in the petition of complaint, the complainant having st..Category: Criminal Law | Date: 11 Jun, 2013 | Hits: 10
Sahab Uddin (Md.) Vs. State and another, 2013, 42 CLC (HCD)
....ce during the trial. In view of the above, we find no merits in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 86. ...... bank of the payee, for collection, but all the cheques were returned due to insufficiency of fund. Thereafter, a legal notice was issued by the payee upon the accused on 30-11-2008 claiming the amount due under the aforesaid three dishonoured cheques. The said notice was received by the a......ce during the trial. In view of the above, we find no merits in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 86. ..Category: Civil Law | Date: 11 Jun, 2013 | Hits: 14
Grameen Telecom Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....o be admitted and heard on merit by the Commissioner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ......rized representative Mr. Mahbubur Rahman, ITP before the DCT concern. But the DCT concern upon disallowing some claimed expenditure assessed the income of the Assessee-applicant at a different higher amount. 3. Being aggrieved with and highly dissatisfied by the said assessment order, the Assesse......o be admitted and heard on merit by the Commissioner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 5 Jun, 2013 | Hits: 86
A.B.M. Liton Vs. Bangladesh & Others, 2013, 42 CLC (HCD)
....the refusal of bail are set-aside in so far as the petitioner is concerned. Communicate this order. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 207 ......guarantee in favour of the Bank. This means, the petitioner agreed to repay the loan only when the main borrower, defendant No. 1, failed to repay the same or it became impossible to realize the said amount from the main borrower. Therefore, this Court is of the view that every provision of the said......the refusal of bail are set-aside in so far as the petitioner is concerned. Communicate this order. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 207 ..Category: Banking Law | Date: 3 Jun, 2013 | Hits: 5
Bimol Rosario Vs. Barbara Rosario and others, 2013, 42 CLC (HCD)
....days but after 5 days defendant No.1 told that it will take some more time. The plaintiff, thereafter, disclosed the matter to her relatives and ultimately, the defendant No.1on 12-10-2003 denied the whole matter. The defendant Nos.1 and 2 thereafter, on 28-3-2006 threatened the plaintiff stating th......ieved the defendant Nos.1 and 2 in good faith ' and gave the Photostat copies of the relevant papers and Taka 20,000 to the defendant No.1. After 3/4 months later the defendant No.1told that loan amount of 10, 00,000 has been sanctioned and claimed some additional costs. The plaintiff, thereupon......0,000 to the defendant No.1. After 3/4 months later the defendant No.1told that loan amount of 10, 00,000 has been sanctioned and claimed some additional costs. The plaintiff, thereupon, lending some money gave Taka 30,000 to the defendant No.1as costs and the defendant Nos.1 and 2 took signature of..Category: Civil Law, Evidence Law | Date: 22 May, 2013 | Hits: 3
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 ...... No. 2 in the month of October 2011. It has become obvious from Annexure-"G" to the writ petition that before preparing the bill, a measurement was undertaken by the parties. Thereafter, an amount of Taka 29, 92,864.27 and 50, 84,643.56 was deducted from the bill of the petitioner from pac......ication issued, on 7-5-2012, was in the following terms: “Let a Rule Nisi be issued calling upon the respondents to show cause as to why they should not be directed to refund the retention money/security deposit to the petitioner deducted from the bill of the works of package Nos. W-092N-..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. ......e facility of Taka 2, 29, 50,000 and Taka 2, 48, 50,000 respectively by its sanction letter dated 30-6-2007 on the terms and conditions contained therein. The respondent No. 2 disbursed the said amount in favour of the petitioner No.1 company who opened L/C for importing, the m...... No. 2 refused the prayer of the petitioners and finally the respondent No. 2 finding no alternative served legal notice demanding payment of outstanding dues and filed the suits for recovery of money against the petitioners on 30-7-2010. The Court issued usual summons to be served upon the pet..Category: Corporate Law, Others | Date: 15 May, 2013 | Hits: 8
Hasan Chowdhury (Md.) Vs. Bangladesh Bank and others, 2013, 42 CLC (HCD)
....nd also to communicate the compliance of our direction to the Registrar of the Supreme Court without any fail. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 533. ......of 271.250 MT of meat and bone meal from the seller's godown to buyer's factory by truck @ BDT 40,000 per MT as per beneficiary's Proforma Invoice No. MHB2011-05042 dated 24-4-2012 for an amount of Taka 1,08,50,000 only along with up-to-date interest @ 18% per annum till recovery, shall ......nd also to communicate the compliance of our direction to the Registrar of the Supreme Court without any fail. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 533. ..Category: Banking Law | Date: 2 May, 2013 | Hits: 3
Sheikh Shahadat Hossain (Md.) Vs. National Board of Revenue, and others, 2013, 42 CLC (HCD)
....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 ......ainst the appellant for violation of the provisions under sections 86 and 87 of the said Act and thus found it responsible for the removal of the said threads and directed it to pay the duties for an amount of Taka 4,62,599 on the said removed goods and to pay a penalty of Taka 30,000 under Clauses-......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
....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
...... neither be apprehend nor there was any scope for realization of fine as such the petitioner through government invoked section 386 of the Code of Criminal Procedure for realization of fine amount and execution case No. 2 of 2011 was registered before the learned Joint District Judge,......Taka 80 (eighty) lakhs by the petitioner to the opposite-party No.2 but eventually deed of transfer could not be executed by the opposite-party No. 2 therefore, 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 (f..
Category: Civil Law, Procedural Law | Date: 18 Apr, 2013 | Hits: 2
....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
......69-of 2010 for recovery of the decretal dues. Eventually the mortgage property was put into auction on 11-11-2010. Only one bidder namely Md. Saleh Zahur participated in the bid offering an amount of Taka 20, 40,820. Thereafter, the petitioner judgment-debtor on 10-1-2011 filed an applicat......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)
....from the Deawoo Corporation. The allegations against these accused petitioners are that they abuse their power and position as highest naval officials of the Bangladesh Navy, are preposterous. In the whole procurement procedure none of these accused petitioners are members of the 4 Evaluation Sub-Co......derstanding. On 30.6.1996 a summary was prepared for the Prime Minister who signed it on 30.06.1996. In fact it was sent to the Office of the Prime Minister on 01-07-1996, to pay 10% down payment, an amount of US$ 10 Million to the Deawoo Corporation for the said Frigate in the Financial Year 1995-9......property or converted, used or disposed of that property himself or that he wilfully suffered some other person to do so. The learned Advocate further submits that there is no misappropriation of any money whatsoever there is nothing entrusted to these accused petitioners. He also submits that it do..Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82
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