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Bellal Hossain (Md) & others Vs. Md. Yasin Ali Mondal and ors., 2007, 36 CLC (HCD)
....ed earlier by this Court stands vacated. Send down the lower Court's record at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 634. ......cision occasioning failure of justice. 16. In the case of Hajarilal Mondal and others vs. Md. Mozaffor Bepari and others reported in 8 BLC (AD) 77 wherein it is held: "It is a settled principle of law that the lower appellate Court being final court of fact will have to discuss and r......ed earlier by this Court stands vacated. Send down the lower Court's record at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 634. ..Category: Property Law | Date: | Hits: 23
Commissioner of Taxes Vs. Prime Bank Ltd., 2007, 36 CLC (HCD)
....peal to Appellate Division under section 162 of the Ordinance is rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ......tures held by it fell down in the exchange market in the year under consideration and it accordingly, deducted such capital loss as it incurred from the profit and loss account in accordance with the principles of the Bangladesh Account Standards and the guidelines of the Bangladesh Bank. 26.......the Deputy Commissioner of Taxes did not at all take into consideration of such huge deduction in his assessment dated 8-32000 He accordingly, asked the Deputy Commissioner of Taxes to add said amount of Taka 18,15,67,643 to the total income of the assessee as he determined at Taka 1,96,63,325..Category: Fiscal/Taxation Law | Date: | Hits: 82
Abdur Rashid Miah and another Vs. Md. Zami Shah Newaz and others, 2007, 36 CLC (HCD)
....h above modification that the contentious signatures or writings are to be examined with admitted signatures. Ed. This Case is also Reported in: 59 DLR (2007) 625; 13 MLR (HCD) (2008) 317. ......h above modification that the contentious signatures or writings are to be examined with admitted signatures. Ed. This Case is also Reported in: 59 DLR (2007) 625; 13 MLR (HCD) (2008) 317. ......p and possession of the suit land by virtue of gift entered into an agreement on 25-12-1975 with the plaintiffs to sell the suit land on receipt of Taka 55,000 as advance out of total consideration amounting to Taka 1,30,000 and delivered possession of agricultural land; that on subsequent occasio..Category: Property Law | Date: | Hits: 32
Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....rtificate under section 33(5) of the Ain in Writ Petition No. 6732 of 2004 are made absolute. However, there will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 615.......rtificate under section 33(5) of the Ain in Writ Petition No. 6732 of 2004 are made absolute. However, there will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 615.......sted the same by filing written statement. Upon the consideration of evidence, both oral and documentary, the Adalat decreed the suit on 13-7-01 on contest against the defendants-petitioners for an amount of Taka 49,79,194.32 with interest @ 18% per annum till realisation. The petitioners having d..Category: Constitutional Law | Date: | Hits: 168
Abdul Mannan Matubbar Vs. Bangladesh Water Development Board and others, 2007, 36 CLC (HCD)
.... considering his explanation." Accordingly, the Rule is discharged, however, without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 610; 13 MLR (HCD) (2008) 51. ......the accused may be absolutely necessary. In the facts and circumstances of the instant case, the inquiry is found to have been held giving the petitioner reasonable opportunity to defend himself. The principle of natural justice having been followed in this case we find no scope whatever for Court's...... considering his explanation." Accordingly, the Rule is discharged, however, without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 610; 13 MLR (HCD) (2008) 51. ..Category: Employment/Service Law | Date: | Hits: 76
Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....sult, Rules in Writ Petition Nos. 6579 of 2004 and 6057 of 2005 are discharged without any order as to costs.Stay granted earlier stands vacated.Ed.This Case is also Reported in: 59 DLR (2007) 601. ...... void and without any lawful authority and of no legal effect and also the provisions laid down in section 2(ga)(4) and 50 of the Artha Rin Adalat Ain, 2003 being inconsistent with the recognised principle of juridical power which also fails to secure economic and social justice as contemplated ......ntiff instituted Title Suit No. 195 of 2002 on 26-9-2002 before the Artha Rin Adalat No. 1, Dhaka against 4(four) defendants including the petitioners as defendant Nos. 1 and 2 for recovery of loan amounting to Taka 2,16,38,155.64, on selling the mortgaged property given as security against such l..Category: Others | Date: | Hits: 104
Integrated Services Ltd. Vs. Commissioner (Current Charges), Customs and others, 2007, 36 CLC (HCD)
....legal effect. The respondents are directed to refund the, detained non-adhesive share transfer stamps by 24th day of May, 2007, positively. Ed. This Case is also Reported in: 59 DLR (2007) 597.......legal effect. The respondents are directed to refund the, detained non-adhesive share transfer stamps by 24th day of May, 2007, positively. Ed. This Case is also Reported in: 59 DLR (2007) 597.......ction upon the respondents customs authority to return the value of the detained stamps mainly on the apprehension that the detained stamps would be of no use today to the petitioner and the entire amount spent for purchase of the stamps would be wasted together with the loss of time, energy and c..Category: Business or Commercial Law | Date: | Hits: 178
Mofidul Haque (Md) Vs. Bangladesh, 2006, 35 CLC (HCD)
...., there is no merit in this appeal. The appeal must fail. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 588. ...... the appellant, the contention raised by Mr. Ohiullah finds support in the case of Haque and Company Ltd. Vs. Messrs. Western Soap Factory and others reported in 43 DLR 304 where in paragraph 9 the principle laid down in the case referred in (1902) Chancery Division Vol. II 621 has been discussed ......, there is no merit in this appeal. The appeal must fail. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 588. ..Category: Intellectual Property Law | Date: | Hits: 198
Namita Rani Biswas and others Vs. Rabindra Nath Majhi and others, 2007, 36 CLC (HCD)
....arned District Judge, Khulna is set aside and restored the grant of Letter of Administration. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 579. ...... the subject himself acting as an expert has been deprecated by the superior Courts. In the case of State vs. Pali Ram, AIR 1974 (SC) 14, the Supreme Court of India, on consideration of the English principles wherefrom section 73 has been incorporated in the Evidence Act, observed: "The m......fter a long lapse of time and knowledge, the Court will not reopen the grant unless he offers reasonable explanation of the delay. The delay on the part of the respondent in applying for revocation amounts to a waiver and Acquiescence, and the Court may in its discretion refuse revocation of the g..Category: Property Law | Date: | Hits: 68
Oriental Bank Ltd. Vs. Sitara Siddiq, 2007, 36 CLC (HCD)
....been examined as PW 1 in part, the trial Court is directed to dispose of the suit within three months from date of receipt of the Judgment. Ed. This Case is also Reported in: 59 DLR (2007) 573. ......been examined as PW 1 in part, the trial Court is directed to dispose of the suit within three months from date of receipt of the Judgment. Ed. This Case is also Reported in: 59 DLR (2007) 573. ......1 filed Title suit No. 208 of 2007 which was renumbered as Title Suit No. 197 of 2001 against this petitioner for declaration that the plaintiff had no liability to the petitioner bank for any loan amount and the so called memo of deposit of title dead dated 17-3-1988 was forged, concocted and ill..Category: Civil Law | Date: | Hits: 82
Aziz Hasan and others Vs. Bangladesh, 2007, 36 CLC (HCD)
.... not pay in cash the amount of money covered by respective bank guarantees within a period of thirty days of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 563. ......of 2000. 9. At our request, Mr. Mahmudul Islam, learned Senior Advocate also appeared as an amicus curiae. He took us through the history of development of the concept of vested rights and the principles of estoppel in the matter of levy and collection of customs duty and other charges. ......orce or any decision of any court, for the purposes of section 30, the value and the rate of duty applicable to any goods shall respectively include the value as determined under section 25 and any amount of duty imposed under section 18, 18A or 18B and the amount of duty, that may have become pay..Category: Fiscal/Taxation Law | Date: | Hits: 64
Enamul Haq (Md) Vs. Jatiyo Bishwabiddalay and others, 2007, 36 CLC (HCD)
....thority having no legal effect. The petitioner be allowed to join in a permanent post of Lecturer in Arabic. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 556. ......d that while the power to add to, amend, vary or rescind is available under section 21 of the General Clauses Act, such power does not include the authority to take away a validly acquired right. The principle enunciated in the above case is applicable to the case in hand as the Syndicate took away ......thority having no legal effect. The petitioner be allowed to join in a permanent post of Lecturer in Arabic. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 556. ..Category: Employment/Service Law | Date: | Hits: 65
Pubali Bank Limited Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
....ost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 144. ......Artha Rin Adalat.” 9. It further appears that in Sultana Jute Mills case the scope and implication of Articles 109 and 114 of the Constitution were not raised at all. 10. It is also a settled principle of law that if the court is one from which appeal lies to the High Court though in certain......ection 151 CPC is maintainable and that an aggrieved party may only file an appeal or an application under Order 9 rule 13 CPC for setting aside the ex parte decree by depositing half of the decretal amount as provided in section 6(2) of said Artha Rin Adalat Act in this regard. But by the impugned ..Category: Procedural Law | Date: | Hits: 67
Shafique Ullah (Md) Vs. Chairman, Rupali Bank Ltd. and others, 2006, 35 CLC (HCD)
....e Appeal No. 621 of 2000 is hereby affirmed. Send down the lower Court's records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 546.......e Appeal No. 621 of 2000 is hereby affirmed. Send down the lower Court's records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 546.......olders for depositing the same against their respective account. For that he (plaintiff) was served with a notice to show cause as to why he would not be dismissed from service for defalcation of the amount On receipt of such notice on 12-2-1986, he filed a written statement, which was not satisfact..Category: Criminal Law | Date: | Hits: 29
Mahmudur Rahman and another Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)
....ion to the guarantor. Similarly, if a person stands guarantee for a loan disbursed to a borrower and if the borrower fails to repay the loan within the stipulated period or even to keep up with the installments the borrower's name may be included in the CIB list but not that of the guarantor. 2......d to have been made without lawful authority and is of no legal effect There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 540; 13 MLR (HCD) (2008) 353. ......ills Limited is a sister concern of MBM Garments Limited and the petitioner, a director of Modem Jute Mills Limited, obtained a bridge loan of Taka 1,19,000 from Bangladesh Shilpa Bank and the said amount with interest and other charges has increased to Taka 12.16 lakh and it still remains unpaid...Category: Banking Law | Date: | Hits: 124
Shamshad Asif Vs. Additional District Judge and others, 1999, 28 CLC (HCD)
....ules are discharged with cost at the rate of Taka 1,000.00 to be paid by the petitioner of each Rule to the contesting respondent No.2. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 138.......Bankruptcy cases against the self same guarantor mortgagors against whom decrees were passed at the instance and in favour of the self same respondent creditor bank Bankruptcy Cases are barred by the principles of res judicata. 4. Learned Advocate for the respondent Bank after placing the affidav......o be filed within one year from the date of occurrence of the act of Bankruptcy and under the explanation to sub-section (1) of section 28 a debtor could be a willful defaulter if he fails to pay any amount exceeding Taka 5.00 lac for one year after issuance of a formal demand and, as such, there is..Category: Civil Law | Date: | Hits: 78
....tance in the submissions of the learned Counsel for the appellants.
In the result, the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: VII ADC (2010) 803.......e to show cause against such termination is without lawful authority and as such, the High Court Division erred in discharging the rule without consideration of this point contrary to the established principles of law."
4. Khandker Mahbubuddin Ahmed, learned Counsel, appearing for the appellants ......tance in the submissions of the learned Counsel for the appellants.
In the result, the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: VII ADC (2010) 803...
Category: Labour and Industrial Law | Date: | Hits: 109
.... instead of resorting to the shortcut provision of rule 13(ii) of the Regulations, 2003.
Accordingly, the petitions are disposed of.
Ed.
This Case is also Reported in: VII ADC (2010) 799. ...... as an extreme punishment for the alleged misconduct on 28.10.2003 in the office of the Governor of Bangladesh Bank.
4. It appears that the Bangladesh Bank Staff Regulations, 2003 in the guiding principle of the employee of Bangladesh Bank, rule 13(i) of the Regulations, 2003 clearly shows that...... instead of resorting to the shortcut provision of rule 13(ii) of the Regulations, 2003.
Accordingly, the petitions are disposed of.
Ed.
This Case is also Reported in: VII ADC (2010) 799. ..
Category: Administrative Law | Date: | Hits: 215
Dr. Md. Kamrul Ahsan Talukder Vs. Nurun Nahar and others, 2009, 38 CLC (AD)
....ellate Court is directed to dispose of the appeal in accordance with law. This appeal is accordingly, allowed without any order as costs. Ed. This Case is also Reported in: VII ADC (2010) 794.......o that effect inasmuch as a suit for partition is beyond the scope of the suit of specific performance of contract and the same would change the nature and character of the suit. It is the cardinal principle of law that the pleading should not be allowed to be amended which would change the na......ellate Court is directed to dispose of the appeal in accordance with law. This appeal is accordingly, allowed without any order as costs. Ed. This Case is also Reported in: VII ADC (2010) 794...Category: Property Law | Date: | Hits: 37
Jamal Uddin Ahmed Vs. Abdul Haque and another, 2002, 31 CLC (HCD)
....818 as of the date 30th September, 1993, in Class‑6 in respect of CI. Fittings, is cancelled. In the result, the petition is allowed. Ed. This Case is also Reported in: 55 DLR (2003) 102. ...... the said manual give an indication how the various goods are classified. The following remarks appearing therein indicate the criteria which was applied: "(a) Finished products are classified, in principle, according to their function or purpose; if that criterion is not provided for in the List......818 as of the date 30th September, 1993, in Class‑6 in respect of CI. Fittings, is cancelled. In the result, the petition is allowed. Ed. This Case is also Reported in: 55 DLR (2003) 102. ..Category: Intellectual Property Law | Date: | Hits: 175
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