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Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)
....quity must do equity", when applied in a case of partial non-performance of an agreement, includes the rule at law which, in actions for damages upon contracts, discriminates between a whole or only a partial failure of performance; the breach being bar, when it goes to the whole. In ...... contested the suit denying the material averments made in the plaint and claimed that there was positive stipulation in the agreement that the plaintiff was required to pay the balance consideration amount within a period of 6(six) months for releasing the property from HBFC; that the plaintiff had......he plaintiff has failed to perform his promise which has compelled the defendant to rescind the agreement. The defendant did not dispute the execution of the agreement and the payment of advance money out of the total consideration amount. In view of the conflicting claims, the determination of..Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42
Rana Kaiser Siddiq Vs. Bangladesh Chemical Industries Corporation and others, 2013, 42 CLC (AD)
....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. ......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. ...... his bid quoting a price of Taka 145.51 for each share, and the total price of 2,40,000 shares comes to a total Taka 3,49,22,400. The writ-petitioner submitted a pay order of Taka 8,00,000 as earnest money in favour of respondent No.1 and paid a non-refundable fee of Taka 5000 as costs of schedule o..Category: Others | Date: 14 Feb, 2013 | Hits: 10
Shamir Chandra Sajwal and others Vs. Government of Bangladesh, 2013, 42 CLC (HCD)
....ted land has reformed in situ within statutory period and, as such, before the promulgation of part V of the East Bengal State Acquisition and Tenancy Act, 1950, the land in dispute was reformed as a whole and become fit for cultivation. 9. As against the aforesaid submissions of the learned Co......ade absolute. The failure to cross examine the plaintiff’s witness to falsify the case of the plaintiffs or controvert the positive assertion of the witness in his examination-in-chief tantamounts to admission from the side of the defendant. Cases Referred to- Abdur Rashid Vs. A......dispute has been settled in favour of different settlement holders and at present they have been able to find out the connected papers. The settlement cases have been taken up for collection of lease money and 46 holdings have been opened. Photocopies of the said holdings have been annexed as Annexu..Category: Procedural Law | Date: 13 Feb, 2013 | Hits: 8
Mohammad Elias Vs. Commissioner of Customs, Chittagong and others, 2013, 42 CLC (HCD)
....final assessment within a period of four months from receipt of this order. Communicate the judgment to respondents No.1-4. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ......nd 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 assessment. 6. Mr. Sikder also refers to an unreported decision o......final assessment within a period of four months from receipt of this order. Communicate the judgment to respondents No.1-4. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 28 Jan, 2013 | Hits: 59
Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)
.... trial of the case in accordance with law. Let a copy of this judgment be transmitted to the concerned court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 156 ......itial stage may be justified where the facts are so preposterous that even on admitted facts no case stands against the accused. (2) Where the institution and continuation of the proceeding amount to an abuse of the process of the Court. (3) Where there is a legal bar against th...... trial of the case in accordance with law. Let a copy of this judgment be transmitted to the concerned court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 156 ..Category: Anti-Corruption Laws, Criminal Law | Date: 24 Jan, 2013 | Hits: 8
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. ......er the evidence in question is reliable or not. This is the function of the trial Magistrate and it might so happen that quashment of criminal proceedings before commencement of trial would amount to stifling the proceedings before the prosecution got an opportunity to bring evidence ......said properties along with other properties valued at Taka 50,34,900 in total Taka 1,05,92,294/40 was found to have been acquired beyond known sources of income. Identity of the properties along with money values has been shown in the FIR in support of such allegation. 4. Md. Abdul Baset,..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. ...... 2,08,568.65 and œ 2,43,750.43 equivalent to in total a sum of Tk. 6,01,57,762 in these two accounts; the accused-persons in collusion with each other having earned directly by illegal means an amount of Tk. 20,41,25,843, deposited the same secretly in the Account No. 158052, City Bank, Singap...... offence under section 2/4(2) of the Money Laundering Protirodh Ain, 2009. 35. In the first information report it has been alleged, inter alia, that accused Giasuddin-al-Mamun demanded money from one Begum Khadija Islam, Chairman of Nirman Construction, with assurance that an work ord..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 ......sequences, if he does not pay Taka 5 lakh in lieu of the property in question. The accused No.1 disclosed that the informant would not be able to recover his property, if he does not pay the demanded amount of money. With the aforesaid allegations, the FIR was lodged against the accused No.1 Md. Ala...... if he does not pay Taka 5 lakh in lieu of the property in question. The accused No.1 disclosed that the informant would not be able to recover his property, if he does not pay the demanded amount of money. With the aforesaid allegations, the FIR was lodged against the accused No.1 Md. Alam Khan and..Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4
Habibur Rahman @ Habu and others Vs. State, 2013, 42 CLC (AD)
.... of the charges and they be set at liberty if not wanted in connection with any other case. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 108; 18 BLC (AD) (2013) 218. ...... follows as a necessary corollary there from that each material circumstance appearing in evidence against him is required to be put to him specifically, distinctly and separately. Failure to do so amounts to a serious irregularity vitiating the trial if that is shown to have prejudiced the accu...... of the charges and they be set at liberty if not wanted in connection with any other case. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 108; 18 BLC (AD) (2013) 218. ..Category: Procedural Law | Date: 9 Jan, 2013 | Hits: 10
Abul Khair Chandu Vs. State and another, 2013, 42 CLC (HCD)
.... all necessary. 17. 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) 230 ...... The informant Bank invested Taka 58, 84,355 in the dry fish business of the accused-petitioner in the form of loan on the assurance of refunding the money 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 amo......limited holder of the Islami Bank, Saidpur Branch. The informant Bank invested Taka 58, 84,355 in the dry fish business of the accused-petitioner in the form of loan on the assurance of refunding the money within one year. But he failed to repay the amount of loan. As such, the accused-petitioner is..Category: Banking Law, Criminal Law | Date: 7 Jan, 2013 | Hits: 2
Bayer Crop Science LimitedVs. The Commissioner of Taxes, 2013, 42 CLC (HCD)
.... The connected Rule being No.30 (Ref:) /2011 is disposed of accordingly. However, there shall be no order as to cost. FRM Nazmul Ahasan J. -I agree. Ed. This Case is also Reported in: ......d circumstances of the case the Taxes Appellate Tribunal was justified in disallowing the expenses under the head utility charge, publicity expenses, carriage, stationary, and Bad Debt, when the said amounts have been expended for the purpose of the business of the Assesse-applicant and hence it is ...... The connected Rule being No.30 (Ref:) /2011 is disposed of accordingly. However, there shall be no order as to cost. FRM Nazmul Ahasan J. -I agree. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 3 Jan, 2013 | Hits: 85
Md. A.K. Azad Vs. Kaptex Limited and others, 2012, 41 CLC (AD)
....shall stand discharged from its liability" is hereby expunged. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 36. ......f not adjusted by this time in any other manner) and to disburse the FDR proceeds amongst the three FDR holders, in equal proportion, being confirmed about their identification. Upon payment of the amount in this way the bank shall stand discharged from its liability". It is against this directi......shall stand discharged from its liability" is hereby expunged. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 36. ..Category: Company Law | Date: 12 Dec, 2012 | Hits: 30
TLRA Holding Ltd Vs. Customs, Excise and VAT Appellate Tribunal & others, 2012, 41 CLC (HCD)
....Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 94. ......documents and on examination found the seized documents that the petitioner's factory paid VAT on the produced which were much less than the actual produced which speaks about the evasion of huge amount of VAT for which the team went for further examination of the documents and thereafter on exa......Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 94. ..Category: Fiscal/Taxation Law | Date: 10 Dec, 2012 | Hits: 6
Nazrul Islam (Md.) Vs. State, 2012, 41 CLC (AD)
....to one of imprisonment for life. Accordingly, the sentence of the convict Md. Nazrul Islam is modified to imprisonment for life. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 199. ......cipally his sister-in-law who was the victim's step sister; and (iv) the length of time the accused has spent in the condemned cell since the date of judgment of the trial Court on 19 March 2003, amounting to 9!/2 years. 23. With regard to the first mitigating circumstance mentioned ab......transpires from the trend of cross-examination was that the accused was innocent. The informant, who was the stepsister of the deceased, had illicit connection with the accused, who used to send money to her from Saudi Arabia, and with the help of hired people she had the victim killed with an ..Category: Criminal Law, Procedural Law | Date: 6 Dec, 2012 | Hits: 6
Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)
....t in a spirit of contest but in a spirit of serving the cause of the truth. Petitioners have misunderstood and misconstrued the decision, findings and observations of High Court Division, as the whole case of writ petitioners of Writ Petition No. 3968 of 2002 was encadrement of 234 family plann......e all those illegal acts only to frustrate the judgment and order of High Court Division dated 8-12-2009 which is an act against the majesty, dignity and authority of the highest Court of the country amounting to contempt of Court. 8. Petitioners had been waiting for a long period for thei...... With the above observations and directions this Rule is disposed of. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 485. ..Category: Constitutional Law, Contempt of Court Law | Date: 5 Dec, 2012 | Hits: 4
Shahidur Rahman Khadem Vs. State and another, 2012, 41 CLC (AD)
.... it relates to enhancement of sentences of fine" are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 296. ...... Nos.680-683 of 2008, who upheld the order of conviction and the substantive sentence of imprisonment passed by the trial Court in the respective Metropolitan sessions case with modification of the amount of fine. In Metropolitan Sessions Case No.1282 of 2007 fine was reduced to Taka 30,00,000 ...... it relates to enhancement of sentences of fine" are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 296. ..Category: Procedural Law | Date: 3 Dec, 2012 | Hits: 10
Shahidur Rahman Khadem and another Vs. State, 2012, 41 CLC (AD)
.... to enhancement of sentences of fine” are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 147. ......al Nos.680-683 of 2008, who upheld the order of conviction and the substantive sentence of imprisonment passed by the trial Court in the respective metropolitan sessions case with modification of the amount of fine. In Metropolitan Sessions Case No.1282 of 2007 fine was reduced to taka 30,00,000.00 ...... to enhancement of sentences of fine” are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 147. ..Category: Procedural Law | Date: 3 Dec, 2012 | Hits: 162
AKM Muhituddin and others Vs. National Board of Revenue and others, 2012, 41 CLC (HCD)
.... Review Committee, subject to relevant provisions of law. This order should be strictly followed. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 196 ...... release the goods covered under different Bills of Entry on payment of customs duties, taxes and other charges in cash on the basis of CRF particulars and on accepting Bank Guarantee for the balance amount arising out of CRF particular and the value and HS Code determined by the customs author...... Review Committee, subject to relevant provisions of law. This order should be strictly followed. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 196 ..Category: Fiscal/Taxation Law | Date: 28 Nov, 2012 | Hits: 2
Government of Bangladesh and oth¬ers Vs. Dr. Md. Nazrul Islam Bhuiyan and others, 2012, 41 CLC (AD)
....sed by a Division Bench of the High Court Division in Writ Petition No.29.19 of 2006 is hereby affirmed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 255. ......uot;The concept reasonable expectation has imposed a duty on the public authority to act fairly by taking into consideration all relevant factors relating to the expectation as the denial of it would amount to denial of the right guaranteed or secured and would lead to arbitrary, unfair or discrimin......sed by a Division Bench of the High Court Division in Writ Petition No.29.19 of 2006 is hereby affirmed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 255. ..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4
Government of Bangladesh and others Vs. Hamento Kumar Barmon and another, 2012, 41 CLC (AD)
....we find no other alternative but to dismiss the appeals. Accordingly, the appeals are dismissed; no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 152. ......rney General who appeared for the leave petitioners:— "Mr. Mohammad Ali Akanda, learned Deputy-Attorney-General, appearing for the petitioners submitted that the authority deducted an amount equivalent to the basic pay of the respondent for 20 day under Section 5 of the Public Employ......we find no other alternative but to dismiss the appeals. Accordingly, the appeals are dismissed; no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 152. ..Category: Employment/Service Law | Date: 28 Nov, 2012 | Hits: 12
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