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State Vs. Mrs. Lailun Nahar Ekram, MD, Engineer and Consultants (Bd) Ltd. (BCBL), 2007, 36 CLC (AD)
....etion of entire work of the project when the final bill would be submitted, the authority (IPSA) would be at liberty to adjust/deduct any excess amount if paid to the respondent in making payment against running bills. 10. In the above facts and circumstances of the case, the le......materials on record has arrived at a correct decision and as such there is no cogent reason to interfere with the judgment of the said Division. The appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 74
Rupali Bank Ltd. Vs. M. A. Jalil, 2005, 34 CLC (AD)
....espondent instituted Other Class Suit No. 66 of 1992 in the 1st Commercial Court of Subordinate Judge, Chittagong for recovery of money, declaration of right of pension and mandatory injunction for payment of pension contending, inter alia, that he joined in the service of the erstwhile Muslim C......f the above, we do not find any cogent reason to interfere with the impugned judgment and decree of the High Court Division. The petition is, accordingly, dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 136
Arch Limited and others Vs. Zillur Rahman Chowdhury and others, 2006, 35 CLC (AD)
....e petiÂtioner (Respondent herein) at his option was entitled to purchase proportionate shares, on the basis of his existing shareholding in the company from the aforesaid allotted 5,35,000 shares on payment and directing the responÂdent Nos. 2 and 3 to transfer shares from their own shares as well......the materials on record arrived at a correct decision and there is no cogent reason to inÂterfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: ..Category: Business or Commercial Law | Date: | Hits: 109
Messrs Al-Haj Oil Mills Ltd. Vs. Wilmer Trading (Pvt.) Ltd. & Ors., 2006, 35 CLC (AD)
.... proceedings and accordingly the samples were drawn and Bangladesh Atomic Energy Commission issued Radiation Test Certificate on 12.07.2003 and the plaintiff paid necessary fees and also made payment of river tax to Chittagong Port and that the defendant No.6 declared about storing of the g......ended with as prayed for. Status-quo granted earlier be further extended till disposal of the appeal. The appeal is fixed on 6th November 2006 in the list at the top. Ed. ..Category: Business or Commercial Law | Date: | Hits: 121
M.A. Sukkur Vs. Md. Zahirul Haque and another, 2005, 34 CLC (AD)
....0/- and TK. 3, 97, 875/- on 25 August 1997 and that the cheque of TK. 50, 000/- was honored while the cheque of TK. 3, 97, 875/- was dishonored more than once and in the mean time the due time for payment of the installment also expired and, institute the respondent No. 1 felt constrained to ins......at subsequently the accused petitioner was allowed facilities for the reimbursement of the money in 12 quarterly installments and pursuant to such facilities given to the petitioner he issued cheques for the amount of TK. 50, 000/- and TK. 3, 97, 875/- on 25 August 1997 and that the cheque ..Category: Criminal Law | Date: | Hits: 44
Md. Mofazzal Hossain Vs. Md. Muklesur Rahman and others, 2006, 35 CLC (AD)
....red into an agreement with him for sale of 8.31 acres of land out of his 14.31 acres of land out of Plot Nos. 6668 and 6669 of Khatian No. 657 of Mouza Chandpur Municipality and on receipt of part payment of Tk. 20,000.00 out of the consideration money of Tk.25,000.00, Anukul Chandra Dutta ......re the paper book out of court in accordance with Rules. In part II of the paper book deposition of both the parties and the exhibited documents in the suit are to be included. Ed. ..Category: Property Law | Date: | Hits: 30
Noor Uddin Vs. Alimuddin and others, 2005, 34 CLC (AD)
....rused the judgment of the High Court Division and other connected papers. 5. By the proposed amendment the plaintiff added a prayer for declaration of title in the suit for partition and for payment of advalorem court fee accordingly. The High Court Division while allowing the prayer for ......mstances, we are of the view that the High Court Division upon correct assessment of the materials arrived at a correct decision. Accordingly, the petition is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 154
Esquire Electronics Ltd. Vs. Bangladesh, 2007, 36 CLC (AD)
....ed at Dhaka ICD (Inland Container Depot), Kamalapur, Dhaka in the last week of June,1996 and was awaiting customs clearance; that the petitioner took delivery of the shipping documents after making payment to the bank on 30-6-1996 through its C & F Agents, Messrs Azad Traders, applied t......r Rahman on the other." 9. On the above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner. The petition is dismissed. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 126
Kazi Md. Abdul Kuddus and another Vs. Kaimon Bewa and Others, 2006, 35 CLC (AD)
....he plaintiffs asked the defendants to vacate the premises in suit since they are in bonafide requirement of the said premises for their own use and occupation, that the defendants defaulted in the payment of rent to the plaintiffs, that in the aforesaid state of the matter the plaintiffs served ......rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 46
Sayeda Shajada Hossain & another Vs. Wega Fashion Sweater (Pvt) Ltd & ors., 2007, 36 CLC (AD)
....nd appertaining to CS Plot No. 177 of CS Khatian No. 49, SA Plot No.286/310 of SA Khatian No. 165 (Sabek) and 137(hal) of Mouza Begunbari, PS Tejgaon, Dhaka are in possession thereof physically on payment of rent and taxes, etc. but they were dispossessed therefrom illegally by 'Mastans' on 16-1......se such land for similar other public purposes. 8. Therefore, in our view, this is not a good ground for review of our judgment. All the review petitions are dismissed. Ed. ..Category: Property Law | Date: | Hits: 37
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
.... B, C and D works and formal agreement in respect of Overhead Tank were executed on 14-1-1987, the respondent No.1 deposited Taka 20,00,000 as security and started the construction works and received payments of several running bills from the port authority; however, at a later stage the constructio......rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ..Category: Civil Law | Date: | Hits: 109
Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)
....ich on the prayer of the petitioner was enhanced to Taka 20,56,99,094/05 in Bangladesh currency and that according to the terms of the LC the petitioner was to release the shipping documents on payment of the banks dues and that on receipt of the shipping documents the plaintiff respondent inf......well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ..Category: Business or Commercial Law | Date: | Hits: 135
NBR, Government of Bangladesh and anr Vs. M/S. Bata Shoe CompaÂny (BD) Ltd., 1990, 19 CLC (AD)
....¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦...Respondent Judgment April 18, 1990. Result: The Appeal is dismissed. The Excise & Salt Act (I of 1944) Section 12(A)(1) The basis of the exemption from payment of excise duty is the manufacture of footwears without the aid of any machinery or equipment......st Secretary (Excise-2), National Board of Revenue. In the result, the appeal is dismissed, but there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 195. ..Category: Fiscal/Taxation Law | Date: | Hits: 114
Bangladesh Vs. Md. Ibrahim Bepari and others, 1989, 18 CLC (AD)
.... 1882 (V of 1882), section 52 Lease and licence Under section 52 of the easement act a licensee has no right to transfer the immoveable property and he has the only right to posses until full payment of premium. This condition being violated due to contract of sale of the licensed property, ......ismissed. No order as to costs. Ex parte order passed by this Court on 26.11.87 is vacated in respect of respondent No.1 only. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 184. ..Category: Property Law | Date: | Hits: 40
Commissioner of TaxÂes, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)
....gh Court in the case of Commissioner of Income Tax Vs. N.M. Raiji, 17 I.T.R. 1949 (Bombay) 180. In that case the question was whether a partner's share after dissolution of the firm and exempted from payment of income tax can yet be included in the total income. Chagla, CJ obÂserved— "There......ed and the decisions of the courts below are afÂfirmed though not necessary on the same reasonings. There is no order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ..Category: Fiscal/Taxation Law | Date: | Hits: 111
Moslehuddin (Md) Vs. State, 1990, 19 CLC (AD)
....m the account of Salma-A-Nahar to the current account (No. 180) of Tofazzal Trading in Uttara Bank, Babu-bazar Branch by forging the signature of said Dr. Salma-A-Nahar in cheque No.7518676. The said payment was made for the sarees which were allegedÂly purchased by the appellant from the said Tofa......Motijheel, Dhaka carried on a clandestine business transaction with Tofazzal Trading of Islampur dealing in cloth. Prosecution case is that by misÂusing his official position he managed to get a new cheque book issued in the name of one Dr. Salma-A-Nahar, a savings account holder of the said Bank a..Category: Criminal Law | Date: | Hits: 52
Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)
.... a non-ejectable right of tenancy was conferred upon the appellant as a non-agricultural tenant when the landlord decided not to take possession and was satisfied only with a rent decree; whether the payment of rents by the apÂpellant's predecessor, dismissed by the High Court Division as documents......f. Hence on all counts we find that the imÂpugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ..Category: Tenancy Law | Date: | Hits: 169
Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
....n of rent decree and the land of 'Ka' schedule was purchased by Khatemon, wife of Tofazzal on May 14, 1946 and since the purchase Khatemon, plaintiff No.2 is possessing the land of 'Ka' schedule on payment of rent, that land of 'Kha' and 'Ga' schedule of mouza Sandalpur belonged to Izzatullah Ch......is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ..Category: Property Law | Date: | Hits: 67
Miah Mojibur Rahman Vs. Khondoker Nazmul Haque (Chiru) and others, 2004, 33 CLC (AD)
....t has been examined under section 342 of the Code of Criminal Procedure in a lump and further nowhere in the deposition it has been stated that the accused respondent caused the injury for the non-payment of dowry and the incriminating evidence of the P.Ws. has not been drawn to his notice which......responding to G.R. Case No. 193 of 1990 P.S .Khalishpur immediately and to enlarge him on bail to his satisfaction. The petitioner is permitted to add additional grounds. Ed. ..Category: Procedural Law | Date: | Hits: 100
Alhaj Sona Ullah Vs. Aminur Rahman, Sec, Min. of Work, BD Secretariat, DHK & ors., 2005, 34 CLC (AD)
....mount of money, on the basis of preliminary assessment, was paid to the petitioner which her received on protest; thereafter the petitioner made repeated representations to the respondents for payment of compensation after finalizing the process of acquisition by way of publishing it in the ......sed on correct interpretation of law and we do not find any cogent reason to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 33