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Chow Wen Chang and others Vs. SF Winsome Fashion Ltd. and others, 2013, 42 CLC (HCD)
....e, the corporate veil is to be lifted to find out the real culprits and to undo the misdeed for ends of justice, in order to obviate harassment by dragging the company to multiplicity of proceedings, particularly when the cause of actions are inseperable and the cancellation of the fraudulent acts a......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. ..Category: Company Law | Date: 24 Jul, 2013 | Hits: 10
...., Artha Rin Adalat, Jessore (hereinafter referred to as Adalat) against the respondent Nos. 2-10 praying for a decree for recovery of outstanding loan of Taka 64.28 lakh. The suit was decreed ex parte on 24-8-2004 (Annexure-B).
3. The petitioner-bank then filed Artha Jari Case No. 9 of 200......respondents No.2-4 treating the same as a proper miscellaneous case after hearing both sides forthwith.
Communicate at once.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2013) 1.
......tha Rin Suit No. 83 of 2004 in the Court of Judge, Artha Rin Adalat, Jessore (hereinafter referred to as Adalat) against the respondent Nos. 2-10 praying for a decree for recovery of outstanding loan of Taka 64.28 lakh. The suit was decreed ex parte on 24-8-2004 (Annexure-B).
3. The petiti..
Category: Banking Law | Date: 24 Jul, 2013 | Hits: 10
Sarwar Hossain Moni (Md.) Vs. State and another, 2013, 42 CLC (AD)
....udgment and order dated the 10th day of February, 2011 passed by the Appellate Division in Criminal Petition for Leave to Appeal Nos.478-479 of 2010) Judgment Md. Abdul Wahhab Miah J. - The parties and the questions involved in the two petitions being same, both these review petitions are ...... the endorsement "insufficient fund". Then the complainant through his lawyer sent a legal notice to the accused on 22-6-2008 by registered post with acknowledgement by making demand of the payment of the said amount only, but the accused in spite of receipt of the notice did not take any ......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)
....and the same was liable to be quashed. 4. The application gave rise to Criminal Miscellaneous Case No.6908 of 2008. The criminal miscellaneous was contested by the complainant opposite party by filing a counter affidavit. 5. A Division Bench of the High Court Division on hea...... a petition of complaint after expiry of one month of the date on which the cause of action arises under clause (c) of the proviso to section 138. The moment the period of thirty days expires and the payment of the dishonored check is not made within the said period prematurity shall be cured &helli......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. ..Category: Others, Procedural Law | Date: 23 Jul, 2013 | Hits: 9
Mati alias Md. Matiar Rahman Vs. State, 2013, 42 CLC (AD)
.... appeal, by leave, is directed against the judgment and order dated 01.07.2002 passed by the Division Bench of the High Court Division in Criminal Appeal No.303 of 1987 (Dhaka) allowing the appeal in part with modification of the sentence of accused appellant Mati alias Md. Matiar Rahman to suffer r......304 of the Penal Code, he is hereby sentenced to rigorous imprisonment for ten years. The sentence imposed by the High Court Division is accordingly modified. Ed. This Case is also Reported in: ......304 of the Penal Code, he is hereby sentenced to rigorous imprisonment for ten years. The sentence imposed by the High Court Division is accordingly modified. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 23 Jul, 2013 | Hits: 88
....
3. This Rule has been issued at the instance of as many as 61 petitioners who are serving in a development project relating to Tuberculosis and Leprosy Control, Micro Bacterial Diseases Control, Department of Health of the Government of Bangladesh. Their posts were subsequently transferred to the......e benefits to the petitioners counting their service period in the development project.
There will be no order as to costs.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 157
......e benefits to the petitioners counting their service period in the development project.
There will be no order as to costs.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 157
..
Category: Administrative Law, Employment/Service Law | Date: 8 Jul, 2013 | Hits: 3
Ayurvedia Pharmacy (Dhaka) Ltd. Vs. Meher Banu Bibi and others, 2013, 42 CLC (AD)
....ment has been denied. Mr. Siddiqui further submits that in no way court cannot direct to pay the balance amount before the expiry of 31.12.2007 which is the terms of the agreement made between the parties. 6. On the other hand, Mr. Fida M. Kamal the learned Counsel appearing on behalf of t....... In the instant case without compliance of such provision plaintiff-petitioner filed this suit for Specific Performance of Contract on the basis of unregistered deed of agreement and without payment of balance amount as required by law. So the court below and the High Court Division has ta......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)
....eeding which is being or has been launched against him is being or has been taken with an ulterior motive, political or otherwise for harassing the accused and not securing of justice in a particular case’.......We wish to lay down as a first proposition that it is an extraordinary ......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. ......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
Moulana Development Co. Limited Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)
...., Advocate-For the writ-petitioner. S. Rashed Jahangir, Deputy Attorney General with Ms. Nurun Nahar, Assistant Attorney General with Saikat Basu, Assistant Attorney General-For respondent, I.T. Department. Writ Petition No. 9385 of 2012 Judgment AFM Abdur Rahman J.- Having raised an im......t relates to the previous assessment years other than the current assessment years. However, there shall be no order as to costs. Mohammad Ullah J. - I agree. This Case is also Reported in: ......t relates to the previous assessment years other than the current assessment years. 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: 12 Jun, 2013 | Hits: 86
Golam Rasul Belal Vs. Habibullah Shakir and another, 2013, 42 CLC (AD)
....egum, the learned Advocate-on-Record on behalf of the respondent No.2 supports the contention of the learned Advocate for the appellant. 11. We have heard the learned Advocates for both the parties and perused the impugned judgment and order of the High Court Division, leave granting order......e not opaque or absent to conceive...... (16) The purpose of the object of issuing notice indicating the factum of dishonor of the cheque is to give an opportunity to the drawer to make the payment within the stipulated period, so that it will not be necessary for the payee to proceed agai......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. ..Category: Criminal Law | Date: 11 Jun, 2013 | Hits: 10
Sahab Uddin (Md.) Vs. State and another, 2013, 42 CLC (HCD)
....plication before the High Court Division under section 561A of the Code for quashing the Sessions case and obtained the Rule. 3. A Division Bench of the High Court Division hearing the parties by the impugned judgment and order discharged the Rule, hence this petition for leave to app......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. ......of complaint before the Additional Chief Metropolitan Magistrate, Chittagong, under section 138 of the Negotiable Instruments Act, 1881 (the Act, 1881), alleging, inter alia, that in order to repay a loan due to him, the accused issued three cheques in his favour. All the cheques were drawn on Islam..Category: Civil Law | Date: 11 Jun, 2013 | Hits: 14
A.B.M. Liton Vs. Bangladesh & Others, 2013, 42 CLC (HCD)
....r and others for realization of loan of 45, 83,628.47 as on 31-3-2011. The petitioner was impleaded in the said suit as defendant No.3. Since no defendants entered appearance, the suit was decreed ex-parte by the judgment and decree dated 5-11-2012. Respondent No. 3 Bank then filed Artha Jari Case N......failed to repay the loan. Learned Advocate further submits that it is apparent from the plaint that even the Bank did not issue any legal notice on the petitioner, rather the legal notice demanding repayment of loan was issued only against defendant No.1, who was admittedly the main borrower. Mr. AZ......Bima Bhaban (2nd Floor), Dhaka-1000 (respondent No. 3), as plaintiff, filed Artha Rin Suit No.145 of 2011 before the Artha Rin Adalat No. 3, Dhaka against the petitioner and others for realization of loan of 45, 83,628.47 as on 31-3-2011. The petitioner was impleaded in the said suit as defendant No..Category: Banking Law | Date: 3 Jun, 2013 | Hits: 5
Bimol Rosario Vs. Barbara Rosario and others, 2013, 42 CLC (HCD)
....e trial Court as well as the Court of appeal below considered the entire evidence on record and came to a concurrent finding that in the facts and circumstances of the case there was no reason on the part of the plaintiff-opposite party to gift the suit land to her nephews depriving her minor child&......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. .......1-2 in the first part of the year 2003 told the plaintiff that they have good relation with the Manager and other officials of the House Building Finance Corporation and thus, they can manage to get loan of Taka 10/15 lakh, from the House Building Finance Corporation. The plaintiff then being a hel..Category: Civil Law, Evidence Law | Date: 22 May, 2013 | Hits: 3
Nazrul Islam (Md.) & others Vs. Mahfuzur Rahman and others, 2013, 42 CLC (HCD)
.................Plaintiff-Opposite Parties Judgment May 21, 2013. Result: The Rule Is Made Absolute. Eviction of Defendants- In a suit for eviction of the defendants from a particular land it is always important for the plaintiffs to disclose as to from when the defendants......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. ......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. ..Category: Property Law | Date: 21 May, 2013 | Hits: 6
Moon Construction Company Limited Vs. Government of Bangladesh & others, 2013, 42 CLC (HCD)
....tioner cannot be termed or being based on sporadic or casual or random acts of the respondents, or as an unreasonable or illogical or invalid expectation. Cases Referred to- Novva Ads Vs. Department of Municipal Administration, (2008) 8 SCC 42; AKM Kawsar Ahmed Vs. Bangladesh, 65 DLR ......n view of that, the running bill of Taka 68, 18, 854, 18 was prepared by respondent Nos. 7 and 8 on the basis of the completed work for the packages and forwarded the same to the respondent No. 2 for payment in the month of October, 2011. 4. On 1-3-2012, the petitioner submitted an application ......ent. Office is directed to communicate the copy of this judgment forthwith. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 193 ..Category: Constitutional Law | Date: 16 May, 2013 | Hits: 4
ABSCO Limited Vs. Artha Rin Adalat No.2, Dhaka & another, 2013, 42 CLC (HCD)
....th the rules are discharged. Artha Rin Adalat Ain (VIII of 2003); Sections 10(1) and 19(2) Section 10 of the Ain, 2003 does not provide any provisions for filing applications against the ex-parte judgments and decree of the Adalat similar to the provisions contained in section 19(2) of the....... 2 disbursed the said amount in favour of the petitioner No.1 company who opened L/C for importing, the machineries. After availing the said facilities the petitioner No.1 started repayment of installments to the respondent No. 2 as per terms and conditions of the sanction but at a......-7-2009 upon the petitioner demanding payment of the outstanding dues as mentioned above and finally instituted Artha Rin Suit No. 276 and 277 of 2010 against the petitioners for recovery of the loan. 5. The petitioners as defendants appeared in both the suits on 7-2-2010 and prayed for ti..Category: Corporate Law, Others | Date: 15 May, 2013 | Hits: 8
....made on proper appreciation of law and facts do not call for interference.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 19 BLC (AD) (2013) 1.
......made on proper appreciation of law and facts do not call for interference.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 19 BLC (AD) (2013) 1.
......idered section 19(2) (Jha) of the Local Government (Pourashava) Act, 2009, the High Court Division came to a finding that the exemption provided for in that section is only in respect of agricultural loan and that loan for the purpose of manufacturing handicrafts does not come within the exempt..
Category: Election Law | Date: 7 May, 2013 | Hits: 6
Hasan Chowdhury (Md.) Vs. Bangladesh Bank and others, 2013, 42 CLC (HCD)
....nt of documentary bill under a local letter of credit opened on two different dates (In writ petition No. 16520 of 2012 on 29-2-2012 and In writ petition No. 16521 on 25-4-2012). Inaction on the part of the respondent Nos.1-5 as regulatory authority in that regard is under challenge. The p......manner. In writ petition No. 16520 of 2012 Rule Nisi was issued calling upon the respondents to show cause as to why the inaction of the respondents Nos. 1-5 as regulatory authority in respect of non-payment of the documentary bill under the Inland L/C No. 1810-12-99-0027 dated 25-4-2012 (Annexure -......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)
....ttee as constituted under section 193C of the said Act read with Rule 23 of the Pre Shipment Inspection Rules, 2002 for release of the said bank guarantee. The Review Committee then, upon hearing the parties, rejected the said Complaint by its decision as communicated vide Nathi No. 5-Cus/8/(115) Pr......tion 196D of the said Act. 3. In Customs Appeal No. 22 of 2007, the appellant (Dhaka Beijing Dyeing and Weaving Industries Ltd, Banani, Dhaka) imported 23,850 Kg. threads and released them after payment of duties through Bill of Entry No. 2030 dated 12-2-2004. According to the appellant-importe......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
Abdul Mukid (Md.) Vs.. Artha Rin Adalat Khulna and another, 2013, 42 CLC (HCD)
....hulna for realization of loan of Taka 11, 32,972.25. Accordingly, the Artha Rin Adalat registered the same as Miscellaneous Case No. 148 of 1991 by order dated 19-6-1991, and subsequently, by ex parte Order dated 31-5-1992 allowed the Miscellaneous Case and again by order dated 7-6-1992 passed ......laneous case filed by respondent No.2 under Article 27 of President Order No.7 of 1973. He submits that Artha Rin Adalat only entertain Suit (মামলা) filed by the financial institutions upon payment of ad valorem Court fee. However, in the present case the Artha Rin Adalat having entertaine....... Respondent No.2 filed an application under Article 27 of the President Order No.7 of 1973 against the father of the petitioner before the Artha Rin Adalat, 2nd Court, Khulna for realization of loan of Taka 11, 32,972.25. Accordingly, the Artha Rin Adalat registered the same as Miscellaneous C..Category: Corporate Law | Date: 21 Apr, 2013 | Hits: 4
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