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Janata Bank Vs. M/S. Natun Pragoti Paribahan Sangstha and others, 2009, 38 CLC (AD)
....recover TK. 42,82,543.00 which included the principal loan amount and also the interest and on 30.8.1985 the above suit was decreed on contest with a direction that the respondents are to pay monthly installments of TK. 50,000/- with interest at the rate of 13% to adjust the decreetal dues; Banglade......tion in terms of the inquiry report submitted by Ali Ahmed, a Director of the Board of the appellant bank and further the respondents, who by making payments in installments fully liquated the entire principle loan amount, became eligible for being considered for exemption of interest and the appe...... their business in time and thereby they having failed to repay the loan, the appellant instituted Money Suit No.835 of 1975 against them to recover TK. 42,82,543.00 which included the principal loan amount and also the interest and on 30.8.1985 the above suit was decreed on contest with a direction..Category: Banking Law | Date: | Hits: 98
....sion committed no illegality in discharging the Rule.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII (ADC) (2010) 194.
......sion committed no illegality in discharging the Rule.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII (ADC) (2010) 194.
...... Tk. 1,65,546/- and when it was detected the plaintiffs authority was offered as loan of Tk.30,00,000/- (thirty lacs) on condition that the loan of Tk. 16,55,546/- will be adjusted and to return rest amount to the petitioner and sanction the same in favour of the defendant petitioner for which the p..
Category: Others | Date: | Hits: 84
....ation for addition of party.
We find no substance in this petition which is accordingly dismissed with the above observation.
Ed.
This Case is also Reported in: VII (ADC) (2010) 189.
......ation for addition of party.
We find no substance in this petition which is accordingly dismissed with the above observation.
Ed.
This Case is also Reported in: VII (ADC) (2010) 189.
......rier according to the said Money Execution Case.
5. Now if BIWTC makes entire payment which included cost of wheat of Food Department of the carrier, then it will be difficult to recover the amount of Tk.66,39,572.30 of Food Department from the carrier.
6. Under such circumstances th..
Category: Others | Date: | Hits: 356
Md. Fazlul Haque Vs. Abdul Malek alias Maya Miah and another, 2009, 38 CLC (AD)
....Court rejecting the prayer for enlargement of time. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 181. ......Court rejecting the prayer for enlargement of time. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 181. ......earned Senior Assistant Judge upon the application of the opposite parties has been pleased to set aside the order dated 08.02.2007 and thereby dismissed the miscellaneous Case for not depositing the amount of cost. 6. Thereafter the petitioner filed an application under Section 151 of the ..Category: Property Law | Date: | Hits: 29
Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2009, 38 CLC (AD)
....ngs of the Courts below. In the premises we do not find any merit in the application. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 137. ......s on record came to its finding that the plaintiffs by producing the title deeds and Khatians as well as the oral evidences proved their case of title and possession and that in view of the settled principle of law that in exercising revisional power the finding of facts, whether concurrent or not......ngs of the Courts below. In the premises we do not find any merit in the application. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 137. ..Category: Property Law | Date: | Hits: 37
Chairman, RAJUK Vs. Mostafa Kamal and others, 2009, 38 CLC (AD)
....nd within 3(three) weeks." 23. In the result the appeal is disposed of. The short order quoted above shall from part of the judgment. Ed. This Case is also Reported in: VII (ADC) (2010) 127. ......nd within 3(three) weeks." 23. In the result the appeal is disposed of. The short order quoted above shall from part of the judgment. Ed. This Case is also Reported in: VII (ADC) (2010) 127. ......09.2001. Subsequently first corrigendum to the said tender notice was published on 24.09.2001 in the aforesaid Daily amending the provisions concerning earnest money at the rate of 5% of the quoted amount instead of fixed amount of Tk.27.00 lacs. Pursuant to the said tender notice the petitioner p..Category: Limitation Law | Date: | Hits: 154
Shamsun Nahar Vs. Khairunnessa Sadiq and others, 2009, 38 CLC (AD)
....owed. The judgment of the High Court Division is set aside and those of the appellate court are restored without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 72. ......owed. The judgment of the High Court Division is set aside and those of the appellate court are restored without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 72. ......erties including land and buildings situated on C. S. Plot Nos. 110, 112, 113 of C.S. Khatian No.24 described in the schedule 'A' of the plaint. Late Munshi Imamuddin Dewan had also 16th share in the amount of Tk. 11,728.18 which was collected on the basis of succession certificate. In view of the f..Category: Property Law | Date: | Hits: 33
.... 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: VI ADC (2010) 65.
...... 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: VI ADC (2010) 65.
......the petitioner's trucks loaded with the imported goods were about to leave the customs area, some officers of the Customs department seized the goods alleging that the writ petitioner has paid lesser amount of customs duty with false declaration and that the imported goods were not 'textile finishin..
Category: Fiscal/Taxation Law | Date: | Hits: 253
Md. Nazrul Islam Vs. National Fans Limited and another, 2009, 38 CLC (AD)
....ality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 61, 16 MLR (AD) (2011) 420. ......ality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 61, 16 MLR (AD) (2011) 420. ......is not expected to keep his eyes shut when purchasing the commodity and in the instant case the price of ceiling far being around Tk.1000/-, the purchaser with capacity to purchase a fan against such amount is expected to be of average intelligence and therefore it is expected that any consumer purc..Category: Intellectual Property Law | Date: | Hits: 211
....und of the discussions made hereinbefore we find merit in the appeals.
Accordingly, the appeals are allowed without any order as to cost.
Ed.
This Case is also Reported in:VII ADC (2010) 25.
......Agencies being the statutory Agents of the Government and the NBR, the same are not required to pay VAT as because service is rendered to the Government. It has lastly been contended that the settled principle of law is that the fiscal law for charging a citizen with tax or levy is to be construed s......ciple of law that a particular legislation giving unguided power to subordinate Agency to levy Tax is a bad legislation and not sustainable in law, that there is no guideline for the NBR to determine amount of VAT levyable on the service of the PSI Agency and that there is no notification by the NBR..
Category: Fiscal/Taxation Law | Date: | Hits: 95
Abdus Samad Sheikh and another Vs. Khaleda Begum and others, 2009, 38 CLC (AD)
....onal application. We find no substance in this leave petition which is accordingly dismissed with the above observation. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 24. ......onal application. We find no substance in this leave petition which is accordingly dismissed with the above observation. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 24. ......he defendant Bank in order to realise its outstanding loan from the plaintiff industry filed Artha Rin Adalat Suit No. 10 of 2006 now pending in the Court of Artha Rin Adalat, Barisal and the claimed amount of Bank is Taka 1,83,78,309 and the suit is otherwise ready for hearing but the plaintiff is ..Category: Others | Date: | Hits: 94
Anti-Corruption Commission Vs. Sigma Huda and another, 2008, 37 CLC (AD)
....ind that the judgment and order of the High Court Division suffers from any infirmity. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 227. ......ind that the judgment and order of the High Court Division suffers from any infirmity. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 227. ...... two crore and forty lac) in three cheques as bribe for the said work orders on 12 February 2005 and 21 April 2005 respectively. Out of the said sum of Taka 2,40,00,000 (taka two crore and forty lac) amounting Taka 1 crore and another cash cheque amounting Taka 40,00,000 (Taka forty lac only) was de..Category: Anti-Corruption Laws | Date: | Hits: 143
Collector of Customs and others Vs. TK Oil Refinery Ltd. and 22 others, 2009, 38 CLC (AD)
....y and other duties on the basis of normal price so fixed. All the appeals are dismissed with the observation as made above. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 217. ......inding of the High Court Division that the respondents by opening of letter of credit when tariff value was prevalent, acquired a vested right of assessment on the basis of tariff, is contrary to the principles as laid down in Mizanur Rahman's case, 52 DLR (AD) 149 and further, the Government has au......ve stage.—After the bills of entry were presented considerable time has elapsed. The prayer of the appellants made at this belated stage to allow them to determine normal value of the goods would amount to giving them highest latitude, though they, all along, acted in violation of law and tried ..Category: Fiscal/Taxation Law | Date: | Hits: 86
....trument in line with the Nitimala 2001.
53. Both the appeals are accordingly dismissed without any order as to costs.
This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91.
......75% posts of the Ministry of Law including the post of Secretary for the officers belonging to the members of Judicial Service and their appointment and promotion to the above post is contrary to the principle of separation of judiciary from the executive as mandated by Article 22 ......rtments ought to have no partial agency in, or no control over, the acts of each other. His meaning, as his own words import, and still more conclusively as illustrated by the example in his eye, can amount to no more than this, that where the whole power of one department is exercised by the same h..
Category: Constitutional Law | Date: | Hits: 207
Md. Chan Miah Vs. Md. Dabirul Islam Khan @ Muku Miah & Others, 2009, 38 CLC (AD)
..... 47 of 2002. Thus we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 26........ 47 of 2002. Thus we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 26....... Judge on consideration of the application allowed the prayer of the opposite party No. 7 vide order No. 25 dated 4.6.2001 subject to deposit of the consideration money together with the compensation amount within 17.6.2001 and also ordered for modification of the suit register by including the na..Category: Property Law | Date: | Hits: 63
Nurul Islam and others Vs. Lal Miah & another, 2004, 33 CLC (AD)
....ent of the material on record and we find no cogent reason to interfere with the same. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 17. ......ocuments in favour of defendants were obtained by false personation and by practicing fraud and accordingly the court of appeal below wrongly shifted the onus on the defendants and it is the cardinal principle of law that the plaintiff must prove his case and he is not to rely on the weakness or def......ent of the material on record and we find no cogent reason to interfere with the same. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 17. ..Category: Property Law | Date: | Hits: 34
....e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs.
This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5.
......he pendency of the suits/civil revision which were admittedly filed by their vendors made the purchases without the permission of the court and so the above purchases of the plaintiffs are hit by the principles of lis pendens as provided under Section 52 of the Transfer of Property Act. The plaintif......ssed for non-prosecution and that suit was not withdrawn by the plaintiffs. As such, the provision of Order 23 Rule 1(3) is not applicable as the order of non-prosecution of the earlier suit does not amount to withdrawal. Hence the plaintiff is not precluded to file a fresh suit by making out a new ..
Category: Property Law | Date: | Hits: 43
State Vs. Mirza Abbas, 2009, 38 CLC (AD)
....therefore no valid reason to interfere with the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 76; 15 MLR (AD) (2010) 141. ......ned under section 4(1) (h) of the Code of Criminal procedure inasmuch as the definition of 'complaint' given under said section excludes the report of a police officer. It is a well-known and settled principle of law, as propounded in the case of Mst. Mumtaz Begum and others Vs. The State reported i......therefore no valid reason to interfere with the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 76; 15 MLR (AD) (2010) 141. ..Category: Fiscal/Taxation Law | Date: | Hits: 75
Rupak Dey Vs. Commissioner of Customs and others, 2008, 37 CLC (AD)
.... substance in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 314. ...... Tariff Value under reference has been fixed before opening of the L.C. by the petitioner. Accordingly, the petitioner is barred apart from the provision of Section 30 of the Contract Act under the principle of waiver, acquiescence and estoppel from challenging the Tariff Value as fixed for the ......ourse of his business opened a letter of credit on 02.02.1999 through National Bank Limited, Khatoongonj Branch, Chittagong for importing of DRAGON BRAND CHINA ORIGIN white cigarette papers for an amount of US $ 36,160.00. On arrival of the consignment at Chittagong the petitioner submitted two ..Category: Fiscal/Taxation Law | Date: | Hits: 125
Secretary, Ministry of Education and others Vs. Mowlana Wahiduzzaman and another, 2009, 38 CLC (AD)
....udgment to have been passed in accordance with law. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 1016. ......shy;mended for its continuation. 9. Careful examination of the relevant law and the fact obtaining in the case shows that the Ministry of Education acted contrary to law and against the principles of natural justice inasmuch as the order impugned in the writ petition canceling ......udgment to have been passed in accordance with law. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 1016. ..Category: Employment/Service Law | Date: | Hits: 146
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