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Md. Layek Khan and another Vs. Abdul Latif, 2009, 38 CLC (AD)

....o enhance the rent, the plaintiff has option to take resort for enhance of rent under Section 15 of the Rent Control Act, 1991 and as such the decree passed by the trial Court on the ground of non payment of standard rent as affirmed by the revisional Court is not sustainable. He also submits th......evidence and materials on record we find no reason to disturb the same. Hence this leave petition is dis­missed having no merit. Ed. This Case is also Reported in: VI ADC (2009) 668. ..

Category: Property Law | Date: | Hits: 57

Rajdhani Unnayan Kartipakkya (RAJUK) Vs. Jahan Ara Begum and others, 2008, 37 CLC (AD)

....Commissioner was directed not to accept any return of money from the awardees. It was also the case of the RAJUK that possession of the land as now claimed by the writ-petitioners was taken over on payment of substantial portion of the compensation money and that on taking over pos­session R......le disposed of with directions therein are, hereby, set aside. Accordingly, the appeals are allowed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 145; VI ADC (2009) 649. ..

Category: Property Law | Date: | Hits: 41

HRC Shipping Ltd. Vs. MV Lady Fatima and others, 2009, 38 CLC (AD)

....the main line operators, the defendant Nos. 8-14, and shipped the 53 containers containing export cargo against the Sea Consortium Pte. Ltd Singapore, BL No. Jaami V-731 CCO1 dated 21-12-2004, upon payment of the freight on account of different main line operators, the defendant Nos. 8-14, onto '...... sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009)115. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 513

James Finlay PLC and others Vs. Mahi Fish Processing Ltd. and others, 2009, 38 CLC (AD)

....C opening Bank as they refused to pay the money for the exported goods to the plaintiff and deprived the plaintiff from his legitimate claim and the plaintiff was deprived of US$ 5, 24,441. For non-payment of the said money the plaintiff suffered huge pecuniary loss in money, good-will and reput......tance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 124. ..

Category: Business or Commercial Law | Date: | Hits: 178

Bangladesh and others Vs. Sirajuddin Khan, 2009, 38 CLC (AD)

....tablishing a fish firm under certain terms and conditions mentioned therein. Thereafter, pursuant to the said lease order, the writ petitioner on 28.8.2006 deposited Tk.10, 44,281.25/- towards the payment of installment of the premium in respect of the said lease. Later the plaintiff also paid T...... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 312. ..

Category: Property Law | Date: | Hits: 30

Matiur Rahman Chowdhury Vs. Commissioner of Taxes, Dhaka, 2009, 38 CLC (AD)

....ioner and the tax payable under Section 74 i.e. as assessed by the assessee himself; provided that on an application made by the assessee, the Commissioner of Taxes, may reduce, the requirement of payment of the prescribed amount as required for filing an appeal. The assessee-petitioner in prefe......l, Division Bench-1, Dhaka, with further direction to dispose of the appeals, if made ready, preferably within six (6) months. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 305. ..

Category: Fiscal/Taxation Law | Date: | Hits: 89

Md. Nurul Absar Vs. State, 2008, 37 CLC (AD)

....t mean rehearing of the matter afresh, we find no substance in the review petition, Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 617. ......t mean rehearing of the matter afresh, we find no substance in the review petition, Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 617. ..

Category: Criminal Law | Date: | Hits: 43

Nasiruddin Biswas Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (AD)

....wn in the writ petition; however after another inspection held during 12.10.1998 to 15.10.1998 by Memo dated 09.06.2002 charge was brought against the petition­ers to the effect that he evaded payment of VAT to the tune of Tk.7,71,450/00 during the period from 1997-98 to 1998-99 and then cha......e is no illegali­ty or infirmity in the above decision so as to call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 587. ..

Category: Fiscal/Taxation Law | Date: | Hits: 83

Shahadat Hossain Mina and others Vs. Governor, Bangladesh Bank and others, 2008, 37 CLC (AD)

....filing affidavits-in-opposition and supplementary affidavits-in-opposition denying the allegations and contending, inter alia, that the petitioners in total violation of the established practice made payment of Tk. 7,25,400/- and Tk.7,69,144/- against 8 forged bills for which Khulna Police Station C......is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 554, 19 BLT (AD) (2011) 158...

Category: Criminal Law | Date: | Hits: 78

Commissioner of Customs Vs. Cab Express (BD) Limited and others, 2008, 37 CLC (AD)

....arrangement for import of the specified taxicab as per specification detailed in SRO applying with the terms and conditions thereto allowing them a right to get the consignment in question cleared on payment of specified duty at 7.5 percent as allowed by the said notification, prevalent at the time ......mission of the learned Advocate for the petitioners. The petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 294; 64 DLR (AD) (2012) 100; 20 BLT (AD) (2012) 60. ..

Category: Fiscal/Taxation Law | Date: | Hits: 72

Mir Sattaruddin and Others Vs. Palli Daridra Bimochon Foundation, 2008, 37 CLC (AD)

....published in the Gazette on June, 26, 2001. Regulation 61(2) of the Service Regulations, 2001 provides for termination of an employee of PDBF either by serving 3 months notice or in lieu thereof on payment of basic salary of 3 months. Writ-petitioner's service was terminated by PDBF by the office...... no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 278. ..

Category: Employment/Service Law | Date: | Hits: 68

Md. Nasir Uddin Vs. State, 2007, 36 CLC (AD)

....that the submissions of the learned Advocate for the petitioner have got no merit and accordingly the same is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 534. ......ainant-respondent No.2 with the assurance to repay the same within 1(one) month but the accused-petitioner delayed the pay­ment and at one stage the accused-peti­tioner on 15-07-2005 gave a cheque of Tk. 3,50,000/- in favour of the respondent No. 2 drawn on Janata Bank, Nagar Bhaban Corp..

Category: Criminal Law | Date: | Hits: 40

GM, (East) BD Railway (C.R.B.), Chittagong & ors Vs. Md. Ferozur Rahman & anr, 2009, 38 CLC (AD)

.... officers of Railway Department most illegally paid money to the plaintiff at the rate of Tk.25/- and Tk.30/- per coupon instead of Tk.30/- and Tk.38/- respectively. The defendants totally stopped payment of bills for the break-fast from November, 1990. The plaintiff made several prayers for mak......n and dismissed the appeal. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 528. ..

Category: Civil Law | Date: | Hits: 150

Government of Bangladesh Vs. Enamul Huque and others, 2008, 37 CLC (AD)

....d the appeal of the plaintiff on 19.9.1977 fully knowing that such provisions has been amended by P.O. 154 of 1972; further the plaintiff,  to prove his case,  exhibited money receipts of payment of taxes of Union Parishad, kabinnama of the plaintiff,  ration card of the plaintiff......here is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 519. ..

Category: Property Law | Date: | Hits: 26

Bangladesh Vs. Md. Feroz Alam, 2008, 37 CLC (AD)

....goods under contravention system. 5. Upon such permission, the Commissioner of Customs by his order Nos.70 and 71 dated 25.9.1996 allowed the writ petitioner to release the imported goods on payment of penalty    of Tk.10, 00,000.00 in respect of two bills of lading over an...... at a correct decision. We therefore find no rea­son to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 466. ..

Category: Business or Commercial Law | Date: | Hits: 163

ADC (Rev.), Moulavi Bazar & ors Vs. Pirpur Fishermen's Co-operative Society Ltd., 2008, 37 CLC (AD)

.... 2. The facts of the case, in short, are that respondent, a Fishermen's Co-operative Society, upon extension of previous lease was allowed the lease of fishery from 1392 B.S. to 1394 B.S. on payment of 50% enhance renting on satisfactory per­formance of developments of work but could n......t years. In view of the above, we find no sub­stance in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 451. ..

Category: Civil Law | Date: | Hits: 101

Md. Nazir Hossain Khan and another Vs. Md. Mujal Mollah, 1998, 27 CLC (AD)

....the plaintiff did not discharge the primary onus to prove that the impugned deeds were not executed by him. The suit was not maintainable with­out a prayer for cancellation of the four deeds on payment of ad valorem Court fees. 5. In the appeal that was tiled by the plaintiff the appel......fore in allowing the appeal without any order as to costs. The lower appellate Court's judg­ment and decree are restored. Ed. This Case is also Reported in: II ADC (2005) 822. ..

Category: Property Law | Date: | Hits: 34

Munshi Md. Rashed Kamal Vs. Abdus Salam and anoth­er, 2005, 34 CLC (AD)

....ws:- 138. Dishonour of cheque for insuffi­ciency, etc. of funds in the account. – (1) Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account is returned by the bank ......hree months but he did not refund the money on time and, therefore, the appellant repeatedly requested him for reimbursement of the money and accordingly the respondent No. 1 on 18.06.2000 issued a cheque of Tk. 10 lacs and the same was deposited in the bank which has been returned to the appella..

Category: Criminal Law | Date: | Hits: 42

Bangladesh Biman Corporation and oth­ers Vs. Md. Jusimuddin, 2001, 30 CLC (AD)

....from the employees, the Competent Authority may accept or reject the resigna­tion or, accept it with immediate effect or from any date after or prior to the expiry of the notice period with payment of the salary for the unexpired portion of the notice peri­od: Provided that the...... the High court Division. In view of the discussion made herein above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 732. ..

Category: Employment/Service Law | Date: | Hits: 95

Comm. of Customs & ors Vs. N. Rahmania Banaspati & Vegetable Ghee Products Ltd., 2008, 37 CLC (AD)

....lien falling under H.S. Code 11511.10 at the rate of $354 per Metric Ton C & F value. On arrival of the said goods on 9.3.1993 Bills Entries were submitted and part of the goods was released on payment of customs duty on the basis of C & F value/Tariff value. Thereafter, the writ petition......ct decision. We therefore find no reason to interfere with the same. All the petitions are accordingly dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 412. ..

Category: Fiscal/Taxation Law | Date: | Hits: 66