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Janata Bank Vs. M/S. Natun Pragoti Paribahan Sangstha and oth­ers, 2009, 38 CLC (AD)

....ions laid down in the above circular and in the light of the above circular the appellant also, by notice published in the Daily 'Ittefaq' on 14.11.1991, offered exemption of interest on the terms of payment of part of the defaulted loan amount and on an undertak­ing to pay the balance amount of th...... order as to costs. The appellant may however consider the prayer of the respondents in accordance with law if found tenable. Ed. This Case is also Reported in: VII (ADC) (2010) 201. ..

Category: Banking Law | Date: | Hits: 98

Director General of Food, 16 Abdul Goni Road, Dhaka-1000 Vs. Al-Falah Shipping Lines Limited and others, 2009, 38 CLC (AD)

....er responsible and filed Suit No.48 of 1994 in the 3rd Commercial and Artha Rin Sub-Judge Chittagong demanding Tk. 66,39,572.70. The suit was decreed and the carrier was directed by the Court to make payment within 90 days. Food Department filed Money Execution Case No. 16 of 1996 in the said Court.......ation for addition of party. We find no substance in this petition which is accordingly dismissed with the above observation. Ed. This Case is also Reported in: VII (ADC) (2010) 189. ..

Category: Others | Date: | Hits: 356

Md. Fazlul Haque Vs. Abdul Malek alias Maya Miah and another, 2009, 38 CLC (AD)

....er. 5. After hearing the learned Senior Assistant Judge, Sadar, Sylhet by order dated 08.02.2007 allowed the miscellaneous Case by restoring the suit to its original file and number subject to payment of Tk. 1200/- to the plaintiffs of the suit.  But as there occurred delay in depositing cos......Court reject­ing the prayer for enlargement of time. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 181. ..

Category: Property Law | Date: | Hits: 29

Shamsun Nahar Vs. Khairunnessa Sadiq and others, 2009, 38 CLC (AD)

....sion sitting in revision and therefore the judgment of the High Court Division is not tenable in law. 12. This being a case of heba-bil-ewaz the plaintiff was to prove that there was no actual payment of consideration and fur­ther that there was no bona fide intention on the part of the dono......owed.  The judgment of the High Court Division is set aside and those of the appellate court are restored without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 72. ..

Category: Property Law | Date: | Hits: 33

Government of Bangladesh Vs. Md. Zillur Rahman, 2009, 38 CLC (AD)

....nce, the petitioner filed the Administrative Tribunal Case No. 26 of 2002 in the Administrative Tribunal, Bogra. The tri­bunal allowed the petition partly and ordered for granting pension and payment of arrear gratuity after deduction of Tk. 73,791/42. Hence, was the case. 3. The case...... not find any legal infirmi­ty   in the impugned judgment of the Administrative Appellate Tribunal. The Petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 67. ..

Category: Employment/Service Law | Date: | Hits: 67

National Board of Revenue Vs. Intertek Testing Services International Ltd. and another, 2005, 34 CLC (AD)

.... are to be charged with VAT, that in the contract signed between the parties i.e. Government of the People's Republic of Bangladesh and the respective PSI Agencies there is no clear stipulation as to payment of VAT on the services ren­dering by the PSI Agencies and that PSI Order, 1999 and the VAT ......und of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed without any order as to cost. Ed. This Case is also Reported in:VII ADC (2010) 25. ..

Category: Fiscal/Taxation Law | Date: | Hits: 95

Anti-Corruption Commis­sion Vs. Sigma Huda and another, 2008, 37 CLC (AD)

....ind that the judgment and order of the High Court Division suffers from any infirmity. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 227. ......ion 5 (five) work orders Mir Zahir Hossain went to the then Communications Minister Mr. Nazmul Huda's house and personally paid him altogether Taka 2,40,00,000 (taka two crore and forty lac) in three cheques as bribe for the said work orders on 12 February 2005 and 21 April 2005 respectively. Out of..

Category: Anti-Corruption Laws | Date: | Hits: 143

Collector of Customs and others Vs. TK Oil Refinery Ltd. and 22 others, 2009, 38 CLC (AD)

.... making the same as the basis for assessment of the customs duties in disregard of the invoice value, but the above submission cannot be accepted because in fixing the citizen with the lia­bility of payment of tax, the concerned authority is required by strict compliance of law authorising it to fi......y and other duties on the basis of normal price so fixed. All the appeals are dismissed with the observa­tion as made above. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 217. ..

Category: Fiscal/Taxation Law | Date: | Hits: 86

Secretary, Ministry of Education and others Vs. Mowlana Wahiduzzaman and another, 2009, 38 CLC (AD)

....ry, Section-16, Ministry of Education vide Memo No. SHANG-SHEEM/3HA:16/Miscellaneous2/98/516 (4) dated 7.6.1999 canceling the recognition of Noabenki Biralaksmi Kaderia Alim Madrasa and stoppage of payment of salary of its teachers and employees under Monthly Pay Order (M.P.O.) scheme on the ave......udgment to have been passed in accordance with law. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 1016. ..

Category: Employment/Service Law | Date: | Hits: 146

M/S. R.M. Salt Crushing Industries Vs. Sonali Bank, Cox's Bazar Branch & others, 2009, 38 CLC (AD)

....1997 and accordingly prayed for exemption of interest and that the plaintiff bank consid­ered the prayer favourably and allowed exemption of a portion of the accrued interest amount subject to payment of the balance amount within 5 years in 20 quar­terly installments effective from 20.4.......urisdiction. There is no illegality in the impugned judgment and order. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 1012. ..

Category: Civil Law | Date: | Hits: 136

Md. Enamul Huq and others Vs. Bijoy Chandra Khasnabish and others, 2008, 37 CLC (AD)

....rnest money. It was stip­ulated that the sale deed would be execut­ed and registered in favour of the plaintiff within 3(three) years after receiving income-tax clearance certificate as well as the payment of balance consideration, failing which the plaintiff would be at liberty to get a sale deed......refore find no reason to interfere with the same. The petition is accordingly dismissed upon condonation of delay. Ed. This Case is also Reported in: VI ADC (2009)1003, 16 MLR (AD) (2011) 454...

Category: Limitation Law | Date: | Hits: 255

Rada Rani Nath and another Vs. Niranajan Dutta and others, 2009, 38 CLC (AD)

.... of wrong record relating to suit land within the knowledge of the defendant and the plaintiff after mutation of her name got separate khatian in her name and was in possession of the suit land on payment of Government rents and constructed pucca walls and kutcha house and possessing the same th......ntiff took jote settlement of the suit land from them before the commencement of the State Acquisition and Tenancy Act and the plaintiff paid rents year to year to the said Mirashdars and obtained cheque forges thereof and being in possession of the suit land, the plaintiff constructed houses th..

Category: Property Law | Date: | Hits: 132

Azam Khan Vs. Ataur Rahman and others, 2009, 38 CLC (AD)

.....1 stated that the vil­lage-Sridharpur, where the defendant No.2 resides, was about six mile away from the suit land. The D.W.3 was the scribe of the sale deed. He only proved the sale deed and payment of the consideration money. D.W.1 and 2 also could not state the plot and khatian numbers ......ffers from no illegality and calls for no interference. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 991. ..

Category: Property Law | Date: | Hits: 158

Joynul Karim & others Vs. State, 2009, 38 CLC (AD)

....he accused persons to the complainant petitioner. Thereafter, the complainant further supplied 30 M. tons of aluminum iron worth Tk. 35,11,000/- and accordingly submitted the bill, against which part payment of Tk. 30,00,000/- was made. Thus balance amount of Tk. 5,11,000/- remained unpaid against t......etter dated 28.02.2001 confirmed payment of outstanding bill amount within 6(six) months from date, which the accused persons failed to comply with, but on 14.6.2001 the accused No.1 gave a postdated cheque dated 28.08.2001 in favour of the complainant petitioner towards payment of the outstanding a..

Category: Criminal Law | Date: | Hits: 163

G M M Rahman Vs. State, 2009, 38 CLC (AD)

....tence. 9. In the result, this appeal is allowed. The impugned judgment passed by the High Court Division is set aside. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 137. ......o. 2 gave Tk.14 (fourteen) lacs to the appellant who undertook to repay the same with interest at the rate of 18% per annum and the accused appellant did not comply with the undertaking and gave a cheque of Tk. 2 (two) lacs dated 07.04.1996. The cheque was duly presented to the AB Bank, Khulna B..

Category: Criminal Law | Date: | Hits: 106

Bangladesh Power Development Board & ors Vs. M/s. Arab Contractor, (BD) Ltd & ors, 2009, 38 CLC (AD)

....petitioner No.1. 5. The Construction was completed on 30.06.2004 and the respondent No.1 was paid the contractually agreed amount of Tk. 33,61,46,298.00/-. 6. After accepting the full payment of Tk. 33,61,46,298.00/- in accordance with the said agreement date 30.03.2000, the respon......rbitration Act, 2001 on the basis of bank papers. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 952. ..

Category: Alternative Dispute Resolution | Date: | Hits: 344

Most. Sufia Khatoon Vs. Mrs. Mahabuba Rahman & others, 2009, 38 CLC (AD)

.... created thereon, the respon­dents have no lawful authority to disturb such past and closed transaction. 17. He lastly submitted that the order of withdrawal from acquisition have been made after payment of compensation to the land owner, the same is direct contra­vention of Section 8B of the (......cision to the present case and to the future cases. With the above observations all the leave petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 917; 30 BLD (AD) 2010. ..

Category: Property Law | Date: | Hits: 79

Ahmed Hossain Khan Vs. Mosammat Hamida Begum Chowdhury and another, 2007, 36 CLC (AD)

..../- within 7 months from the date of agreement, failing which the sale agreement would be treated as cancelled and part of the earnest money would be forfeited, that as the plaintiff failed to make payment of the balance of the consideration money within the stipulated period the defendant took b...... discussion made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 901. ..

Category: Property Law | Date: | Hits: 100

A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)

....function under this act". Sections 12 & 13 give the power to the Collector of Customs to appoint public warehouses and to license private warehouse wherein dutiable goods may be deposited without payment of customs-duty. Chapter V deals with levy of, exemption or repayment of custom duty. Then s......s are allowed. Proceedings are quashed and the judgment of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 113. ..

Category: Fiscal/Taxation Law | Date: | Hits: 129

S. M. Mosharaf Hossain Vs. Sonali Bank and others, 2009, 38 CLC (AD)

....he Khulna branch as in-charge of Foreign Exchange Department the petitioner rendered his untiring labour to accelerate Foreign Exchange business without jeopardizing banks interest. As such double payment in responding TRA No. 003549 dated 08.05.1994 for Tk. 5169.10 was a bona fide mistake throu......al cannot be interfered with. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 879. ..

Category: Administrative Law | Date: | Hits: 423