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Afil Jute Mills (Pvt) Ltd. and others Vs. Bangladesh, 2006, 35 CLC (HCD)
.... Rule and it must fail. In the result, the Rule is discharged for the above reasons without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 207, 26 BLD (HCD) (2006) 361. ...... Rule and it must fail. In the result, the Rule is discharged for the above reasons without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 207, 26 BLD (HCD) (2006) 361. ......esaid mortgaged properties by a reputed chartered accountant showing that total value of the mortgaged property was Taka 103,19,87,000. Since value of the security against the said credit exceeds the amount due from the petitioner company, the impugned six notices under section 9(1) (i) of the Bankr..Category: Civil Law | Date: | Hits: 125
HRC Shipping Ltd. Vs. MV X-Press Manaslu, MV X-Press Resolve & others, 2006, 35 CLC (HCD)
.... The defendant No. 1 is directed to bear all expenses of the Marshal and his team in connection with the release of the vessel. Ed. This Case is also Reported in: 58 DLR (2006) 185; 12 MLR 265. ...... The defendant No. 1 is directed to bear all expenses of the Marshal and his team in connection with the release of the vessel. Ed. This Case is also Reported in: 58 DLR (2006) 185; 12 MLR 265. ......nd master of the vessel MV Jaami. It is further alleged that the vessels are owned by the defendant No. 5 and its sister concerns and accordingly, they are liable to put up the security for the claim amount by way of bank guarantee. 6. Mr. M Hafizullah, the learned Advocate for the defendant Nos...Category: Admiralty Law or Maritime Law | Date: | Hits: 314
Government of Bangladesh represented by the DC, Comilla Vs. Md. Eakub and others, 2004, 33 CLC (HCD)
....on Taka 158,328 as down payment and the Ministry of Industries upon receipt of the money on 16-1-95 made an agreement with plaintiff to transfer said schedule 1-(Kha) property and allowed three equal installments to pay rest of the price. But it did not deliver possession. On 30-8-95 the plaintiff a......led to rely on their having the authority which they assume. He does not know, and cannot be expected to know, the limits of their authority and he ought not to suffer if they exceed it. That was the principle which I applied in Rebertson Vs. Minister of Pensions and it is applicable in the present ...... desire to purchase said left out land with the shops. The Ministry accepted his prayer and the value of schedule-1(Kha) land was settled at Taka 3,38,182 and on 25-2-93, the plaintiff deposited said amount in favour of the Ministry of Industries. Then, defendant No. 1 asked the plaintiff to pay val..Category: Property Law | Date: | Hits: 159
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
....ppeal from the judgment and order passed by me and, in the meantime, the parties are directed to maintain status quo in all respects. Ed. This Case is also Reported in: 58 DLR (2006) 117. ......ss Appellate Board as provided under section 12A of the Printing Presses and Publications (Declaration and Registration) Act, 1973. (d) Rule in Writ Petition No, 2746 of 1997 is also hit by the principle of res judicata inasmuch as the point involved in the present Rule has already been decide......In this situation Mr. Anwar Hossain passed certain orders dated 23-1-99, 17-8-99 and 25-9-99 terminating services of some employees and appointing someone in the employment of the said Company, which amounted to taking part in the management or conduct of the said Company although he was debarred fr..Category: Information Technology Law | Date: | Hits: 324
Jahangir Hossain Howlader (Md.) Vs. CMM, Dhaka and others, 2004, 33 CLC (HCD)
....no order as to costs. The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 106, 26 BLD (HCD) (2006) 83. ......Act. The Supreme Court of India, in the case referred to above, held as follows: "In the backdrop of the interpretation of the various relevant provisions of the Code under Chapter XIV and of the principles of law enunciated by this Court in a series of decisions relating to the exercise of the ......f Customs, Customs House, Dhaka. By the said letter, attention was drawn by stating that through secret information they came to know that imported goods would be sold in open market and thereby huge amount of duty would be evaded. Similar letters were also written from the office of respondent No. ..Category: Criminal Law | Date: | Hits: 158
Dr. Abdur Rahman and others Vs. Chairman, RAJUK & others, 2005, 34 CLC (HCD)
....ceived and there is no scope to interfere with the impugned order. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 103. ......ceived and there is no scope to interfere with the impugned order. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 103. ......e land is not required for their project. Thus on purchase of the land they got a plan approved by RAJUK and gathered necessary materials for construction of Two Star international Hotel and spent an amount of Taka 1,70.50.000 for the same when suddenly the plaintiffs received notice of LA Case No. ..Category: Civil Law | Date: | Hits: 99
Government of Bangladesh Vs. Helal Jute Press Ltd. and others, 2009, 38 CLC (AD)
....ntenance of the godowns within 10 months be set aside. There shall be no order as to cost. Ed. This Case is also Reported in: 8 LG (AD) (2011) 70, VIII ADC (2011) 376, 31 BLD (AD) (2011) 86. ...... of the writ-respondent No.1-appellant as to 27,450 shares is to be dealt with in accordance with law if there is any bona fide claim of the writ-petitioners-respondents. In view of the established principle of law that disputed question of fact cannot be decided in writ jurisdiction, the amount......s-respondents at Daulatpur, Khulna together with all 25 godowns on the premises preferably with vacant possession or with tenants to the present respondents and pay the rents realized excluding the amount spent for the maintenance of the godowns within 10 months from date. 2. Facts, in short, a..Category: Property Law | Date: | Hits: 128
....ts.
The impugned judgment and order passed by the High Court Division making the Rules absolute are set aside.
Ed.
This Case is also Reported in: 16 BLC (AD) (2011) 9, VIII ADC (2011) 146.
...... in the bid-submittal of DCL and Associates; did not prove into the deviations in the proposal of EPI-BFEW consortium to determine whether the deviations of EPI-BFEW can be considered as minor if the principle they applied in case of DCL-SBA Associates also stood good for EPI-BFEW Consortium. The le......ts.
The impugned judgment and order passed by the High Court Division making the Rules absolute are set aside.
Ed.
This Case is also Reported in: 16 BLC (AD) (2011) 9, VIII ADC (2011) 146.
..
Category: Others | Date: | Hits: 164
Government of Bangladesh Vs. Messers Khalil Steels, 2008, 37 CLC (AD)
....he High Court 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: 16 MLR (AD) (2011) 109. ......he High Court 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: 16 MLR (AD) (2011) 109. ......f the appeal, the writ respondent No.2 asked the writ petitioner to deposit 5% of the demand. On 10.4.2003 the writ petitioner informed the Commissioner that the VAT authority had already adjusted an amount of Tk. 2, 01,583.00 out of the demand of Tk. 29,70,393.00 with the current account which was ..Category: Fiscal/Taxation Law | Date: | Hits: 93
....rials on record and hence no interference is called for.
Accordingly the application for leave to appeal is dismissed without costs.
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 105.......wo S.A. Khatian being Exhibit Kha (2) contained the name of the C.S. recorded tenants along with the name of the predecessors of the plaintiff. In this connection Mr. Dhali submits that it is settled principle of law that the last record of right will prevail than the earlier record of right, in sup......rials on record and hence no interference is called for.
Accordingly the application for leave to appeal is dismissed without costs.
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 105...
Category: Property Law | Date: | Hits: 81
Yusuf Jamil Babu Vs. Bangladesh and others, 2009, 38 CLC (AD)
.... above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 102. ...... above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 102. ......mpany and its Directors and in pursuance of decree, if the realization of loan money is not sufficient from the asset of the company, then asset of the Directors can be attached for the rest decretal amount. The learned Advocate further submitted that the High Court Division failed to consider the p..Category: Election Law | Date: | Hits: 116
Islami Bank Bangladesh Ltd. Vs. Shohag Medicine Supply and others, 1998, 27 CLC (HCD)
....e plaintiff bank will be at liberty to realise the amount through the process of the Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (2000) 571. ......e plaintiff bank will be at liberty to realise the amount through the process of the Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (2000) 571. ......,925.00 on hire and those were sold to the defendants on the basis of sanction order dated 7-5-88. The price of medicine was Taka 1,60,000 and there was a condition that the defendant would repay the amount involved by 6-11-88. The balance of the amount was fixed as profit charged on the selling of ..Category: Banking Law | Date: | Hits: 199
Shah Alam and others Vs. State, 2000, 29 CLC (HCD)
..... Send down the LC records along with a copy of this judgment to the Trial Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 52 DLR (2000) 566. ......ter the confessing accused were again given on remand as per prayer of the Investigating Officer. Giving of remand of the confessing accused after recording his confessional statements is against the principle of law and it has been held that the order of remand after recording the confessional stat....... Send down the LC records along with a copy of this judgment to the Trial Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 52 DLR (2000) 566. ..Category: Criminal Law | Date: | Hits: 67
Concord Engineers Construction Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....stions raised in these references in the negative and in favour of the assessee applicant. The parties are left to bear their own cost. Ed. This Case is also Reported in: 52 DLR (2000) 562. ......stions raised in these references in the negative and in favour of the assessee applicant. The parties are left to bear their own cost. Ed. This Case is also Reported in: 52 DLR (2000) 562. ...... in holding that giving loans to others ipso facto is a ground for disallowing the claim for interest in respect of capital borrowed for the purpose of business without any finding that such borrowed amounts were not utilised in the business of the applicant or that loans given to others were in any..Category: Fiscal/Taxation Law | Date: | Hits: 135
....the suit land in favour of appellants through court.
The office is directed to send down the lower Court’s record at once.
Md. Rais Uddin J.- I agree.
Ed.
This Case is also Reported in:
...... that the plaintiff’s position shall be taken into account, which was, on the date of institution of the suit and the subsequent event shall not change or affect the position of the plaintiff. That principle has been settled upon the question of payment of ad valorem Court fees. In that case the p......Taka 36,0000/- from the said case, although the rent was being deposited by the defendant No. 4 in the name of the plaintiff. The defendant No. 1 and 2 (appellants) were not entitled to withdraw that amount before getting the kobala deed executed and registered. It was the further case of the plaint..
Category: Property Law | Date: | Hits: 110
Bangladesh Legal Aid and Services Trust (BLAST) and another Vs. Bangladesh, 2010, 39 CLC (HCD)
....a copy of this judgment be communicated at once. Sheikh Abdul Awal J. - I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 194; 15 MLR (HCD) (2010) 145; 30 BLD (HCD) (2010) 194. ......ts should not ignore the international obligations, which a country undertakes and that if the domestic laws are not clear enough or there is nothing therein, the national courts should draw upon the principles incorporated in the international instruments. 10. By further elaboration Mr. Faqooqui......a copy of this judgment be communicated at once. Sheikh Abdul Awal J. - I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 194; 15 MLR (HCD) (2010) 145; 30 BLD (HCD) (2010) 194. ..Category: Criminal Law | Date: | Hits: 128
Ershad Ali Vs. State, 2000, 29 CLC (HCD)
....n of the District Magistrate, Chandpur. The learned tribunal will however be at liberty to cancel bail if there is any misuse of the same. Ed. This Case is also Reported in: 52 DLR (2000) 544....... from the case of Dira Dockyard and Engineers Ltd. and others Vs. Bangladesh Shilpa Rin Sangstha & others reported in 39 DLR (AD) 59. The facts of the reported case are no doubt different but the principle and rules of interpretation involved in both the cases are the same. In the Dira Dockyard ......is around that no weapon beyond those enumerated in the definition of “arms” provided under section 4 of the Arms Act can find its, way into the said definition and any attempt to do so would tantamount to an intrusion, and would as such be unacceptable. We are unable to accept the contention of..Category: Criminal Law | Date: | Hits: 38
Habib Bank Ltd. Vs. Eastern Bank Limited and another, 1999, 28 CLC (HCD)
....l be registered if it is otherwise in order. The assistance rendered by the two learned Senior Advocates of the Bar is highly appreciated. Ed. This Case is also Reported in: 52 DLR (2000) 537.......he aforesaid amount deposited either by cash or by bank security, the 50% of the remaining amount should be deposited at the time of preferring appeal before the High Court Division. They submit that principle as provided in section 6(2) and section 7(2) are similar in view of the fact that by an ap......or the Respondent Opposite Party. FAT No. 358 of 1999. Judgment Md. Mozammel Hoque J.- This is an application for acceptance of Bank Guarantee with respect to deposit of half of the decretal amount to the Court before filing the present appeal. 2. It appears that the appellant instead of..Category: Civil Law | Date: | Hits: 87
Foto Fast Color Lab Vs. Bangladesh & others, 2000, 29 CLC (HCD)
....onsequent right of the parties to proceed in accordance with law. In the result, this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 533.......y objection on the question of amount of VAT and no enquiry was held within the knowledge of the petitioner and requested the respondent No.5 to withdraw the illegal demand which was violative of the principle of natural justice. The petitioner was asked to appear before the respondent No.5 on 20-7-......cated to the petitioner dated 14-10-96 filed against notice dated 5-7-93 and memo dated 5-6-96 made by the respondent No.6 asking the petitioner to deposit Taka 1,98,3 16.00 in addition to the actual amount of VAT already paid should not be declared to have been issued and made without any lawful au..Category: Fiscal/Taxation Law | Date: | Hits: 139
Asaduzzaman (Md.) Vs. Md. Salamatullah & others, 1999, 28 CLC (HCD)
....quashed. In the result, both the Rules are made absolute. The proceedings of CR Case No.555 of 1996 and CR Case No.65 of 1996 are quashed. Ed. This Case is also Reported in: 52 DLR (2000) 530....... to deposit the money before the cheque is presented for encashment. In any case, our view is that simple dishonouring of a cheque itself is not an ingredient of cheating. 10. It is an established principle that to constitute an offence of cheating as described in section 415 of the Penal Code, t......e petition of complaint is also similar. In that case it was alleged the accused took delivery of shrimp fries of Taka 14,47,561.00 and made payment of Taka 7,44,643.00 and refused to pay the balance amount. The petitioner of this case also took similar grounds as are taken by the petitioner of Misc..Category: Criminal Law | Date: | Hits: 46
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