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M/S. R.M. Salt Crushing Industries Vs. Sonali Bank, Cox's Bazar Branch & others, 2009, 38 CLC (AD)

.... plaintiff bank consid­ered the prayer favourably and allowed exemption of a portion of the accrued interest amount subject to payment of the balance amount within 5 years in 20 quar­terly installments effective from 20.4.2004. But the bank without commu­nicating aforementioned decis......now pending in the Artha Rin Adalat, Cox's Bazar. The Artha Rin Suit has been filed by the respondent No.1, Sonali Bank, for realization of its outstanding loan amount of Tk.1,24,93,829.19/- being principle loan amount plus the accrued interest amount thereon contending, amongst others, that the......tion of Artha Rin Suit No.73 of 2004 now pending in the Artha Rin Adalat, Cox's Bazar. The Artha Rin Suit has been filed by the respondent No.1, Sonali Bank, for realization of its outstanding loan amount of Tk.1,24,93,829.19/- being principle loan amount plus the accrued interest amount thereon..

Category: Civil Law | Date: | Hits: 136

Abul Hossain and another Vs. Hazi Md. Rezaul Karim and others, 2009, 38 CLC (AD)

....bsp;         Accordingly, the petition is dismissed. Ed.     This Case is also Reported in: VI ADC (2009) 1000. ...... clouds over the long possession of the suit land of the petitioners and as such, the petitioners are apprehended to get the preferential relief in respect of lease hold of shrimp khas land as per principle of present Government, moreover the pres­ent petitioners are very weak both by men an......hana Nirbahi Officer and this regard an enquiry was held and a reply was given by the authority concerned in favour of the petitioners. The authority concerned (Land) received lease money and huge amount of compensation money vide D.C.R. No.090451452 dated 22.11.2004 from year to year from the p..

Category: Property Law | Date: | Hits: 88

Anti-corruption Commission Vs. Dr. HBM Iqbal Alamgir and others, 2010, 39 CLC (AD)

....disposal of the writ petition. Let a copy of the order be communicated to concerned learned Judges of the High Court Division. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 44. ......r defying the process of the court………………………..(6) If the High Court Division is allowed entertain the writ petition on behalf of a fugitive from justice, ignoring the long settled principles being followed by the courts, the fugitives from justice either convicted or not will be ......disposal of the writ petition. Let a copy of the order be communicated to concerned learned Judges of the High Court Division. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 44. ..

Category: Anti-Corruption Laws | Date: | Hits: 211

M/s International Trade Promotors Vs. Judge, Artha Rin Adalat No. 1 Dhaka & ors, 2008, 37 CLC (AD)

....there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 306. ......there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 306. ......etting aside the auction sale and for holding fresh auction of the mortgaged properties provided the petitioners pay the respondent No.3, the auction purchaser, interest at the rate of 12%, on the amount of money which the respondent No.3 deposited in the Court with effect from the date of depos..

Category: Civil Law | Date: | Hits: 191

M/S. Madina Trading Corporation Vs. The Commissioner of Customs and another, 2008, 37 CLC (AD)

.... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 298. ......elter towards a complete life since the same is an essential item for construction of building and is violative of fundamental right as per Article 31 read with Article 8 and 15 of the fundamental principle of state policy. 4. It appears from the record that the petitioner challenged the ......ecision to levy supplementary duty and that the delegation to NBR under Section 7(18) of the Finance Act, 1999 is delegation of authority to levy supplementary duty by NBR and that such delegation, amounts to abdication of parliament's essential function to levy and impose tax/duty and thus deleg..

Category: Fiscal/Taxation Law | Date: | Hits: 112

Joynul Karim & others Vs. State, 2009, 38 CLC (AD)

....ch are in accordance with law, and hence no interference is called for. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 224. ......ch are in accordance with law, and hence no interference is called for. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 224. ......, and the accused persons paid on bill and the other remained unpaid and subsequently accused persons paid Tk. 50,00,000/- against the unpaid bill for Tk.1,18,00,000/- and thereby balance outstanding amount stood at Tk. 68,00,000/-, payable by the accused persons to the complainant petitioner. There..

Category: Criminal Law | Date: | Hits: 163

Md. Altaf Hossain and others Vs. State, 2009, 38 CLC (AD)

....ng aside the judgment and order passed by the High Court Division on condonation of delay in filing the Criminal Appeal. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 217. ......used Petitioner Md. Akhlas Hossain was totally unaware of existence of the case against him and at no stage of the proceeding a warrant of arrest order of attachment was served upon him. It is the principle of law that a trial in absentia can be held upon exhausting the provision regarding Gazet......ng aside the judgment and order passed by the High Court Division on condonation of delay in filing the Criminal Appeal. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 217. ..

Category: Criminal Law | Date: | Hits: 126

Md. Nazrul Islam Vs. Monzurul Islam Liton and others, 2009, 38 CLC (AD)

....maintainable. Accordingly, the appeal is disposed of and the judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 198. ......dents to give the work order and licence to the writ petitioner within 2 weeks from the date of receipt of the order holding, inter-alia, that the action of the respondent No.4 was contrary to the principle of Administrative justice and was not at all fair and which could not be approved by any ......ceable in law and no legal right can be founded on these inter-departmental communications and further, at the negotiation with both the tenderers the writ petitioner inclined to increased his bid amount while the leave petitioner  increased his bid amount above the bid amount of the writ p..

Category: Civil Law | Date: | Hits: 149

National University and others Vs. Begum Sultana Razia, 2009, 38 CLC (AD)

....esent case and in accordance in the fact. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 190, VIII ADC (2011) 307.......nimously decided not to proceed against her under Section 5(3) of the Service Sangbidhi-8 and terminated her service under Section 101 of Service Sangbidhi-6, and as such there is no violation of the principle of natural justice. The learned Counsel next submits that the High Court Division erred in......g any aspersion or stigma upon the incumbent. But if the order of determination or retirement contains any expression from which an aspersion upon the incumbent may be reasonably inferred then it may amount to a removal and/or punishment necessitating the observance of enquiry and show cause notice,..

Category: Employment/Service Law | Date: | Hits: 118

Country Director, World Bank Vs. Ismat Zerin Khan, 2009, 38 CLC (AD)

.... at a correct decision. We, therefore, find no reason to interfere with the same. The petition in accordingly dismissed. Ed. This case is also Reported in: 18 BLT (AD) (2010) 1. ...... at a correct decision. We, therefore, find no reason to interfere with the same. The petition in accordingly dismissed. Ed. This case is also Reported in: 18 BLT (AD) (2010) 1. ......e plaintiff is required to pay ad valorem court fees on the basis of her salaries. The learned Assistant judge turned down the objection observing that the plaintiff did not pray for any specified amount of salary by way of amendment to the plaint and therefore no   objective standard o..

Category: Employment/Service Law | Date: | Hits: 104

Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)

....bstinate expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. SM Emdadul Hoque, J.- I agree. Ed. This Case is also Reported in: ......1940 (PC) 105 where their lordship the judicial committee of the Privy Council though dealing with a civil matter in connection with a complete ouster of Civil Courts jurisdiction, has enunciated the principles relating to exclusion of jurisdiction of the courts by way of enactment and it was held a......icitly about the curtailment of jurisdiction of this Court yet such a position can be gathered by necessary implication, as available in the legislation itself. He, however, submitted that even if it amounts to curtailment in such case too this Court has a limited jurisdiction to scrutinize the case..

Category: Criminal Law | Date: | Hits: 101

M/S. United Leather International Vs. Artha Rin Adalat and others, 2009, 38 CLC (AD)

.... interference. We do not find any merit in this leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 978. ...... interference. We do not find any merit in this leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 978. ......;tion filed under Sections 12(2) and 51 of the Artha Rin Adalat Ain, 2003 praying for adjustment of the outstanding loan with the sale price of the pledged goods and thereby to fix the actual claim amount in the suit. 3. The respondent-bank filed Title Suit No. 531 of 2003 for realization ..

Category: Civil Law | Date: | Hits: 152

Bangladesh Power Development Board & ors Vs. M/s. Arab Contractor, (BD) Ltd & ors, 2009, 38 CLC (AD)

....rbitration Act, 2001 on the basis of bank papers. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 952. ......damages only from the defaulting party, is unsound. Illustration (a) to section 73 applies on all fours to the facts of the present case. The illustrations to the section are but general rules. The principle is that the defaulting party must pay the difference between contract price and the mark......ai). The agreed price for completion of the contractual work was fixed at Tk. 33, 61, 46, 298.00/-(Taka Thirty-Three Crores, Sixty-One Lacs, Forty-Six Thousand, Two Hundred and Ninety-Eight). This amount was offered by the said Joint Venture in its bid during a competitive tender process. The sa..

Category: Alternative Dispute Resolution | Date: | Hits: 344

Most. Sufia Khatoon Vs. Mrs. Mahabuba Rahman & others, 2009, 38 CLC (AD)

....cision to the present case and to the future cases. With the above observations all the leave petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 917; 30 BLD (AD) 2010. ......cquisition of land no order can be made for de-requisition of such land. 29. It is pertinent to mention here that according to Salmond a precedent is a judicial decision which contains in itself a principle. The underlying principle which thus forms its authoritative element is often termed the r......cision to the present case and to the future cases. With the above observations all the leave petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 917; 30 BLD (AD) 2010. ..

Category: Property Law | Date: | Hits: 79

Ahmed Hossain Khan Vs. Mosammat Hamida Begum Chowdhury and another, 2007, 36 CLC (AD)

.... discussion made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 901. ...... discussion made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 901. ...... months for registration of the necessary deed in respect of the property agreed to be sold and the plaintiff acceded to the request of the defendant No.1 on the condition that on receiving further amount out of the balance of con­sideration she would hand over possession of the land proposed..

Category: Property Law | Date: | Hits: 100

A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)

....s are allowed. Proceedings are quashed and the judgment of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 113. ......sence of any such express provisions would it be assumed that the provisions of Clause (4) in the Government Notification dated 24,8.72 has led to such ouster. Moreover, when it is a well-established principle of law that no subordinate legislation can nullify the express provisions of an Act of the......other allied matters. To achieve this object certain powers and functions have been conferred upon the customs officials. Since the levy and collection of duties of customs are considered to be of paramount importance, sections 5 and 7 of the Act have provided for entrustment of functions of the Cus..

Category: Fiscal/Taxation Law | Date: | Hits: 129

M/S M.M. Steel Mills Ltd & anr Vs. Judge, First Artha Rin Adalat, Ctg & anr, 2009, 38 CLC (AD)

....bank, failed to repay the same within time or thereafter, inspite of repeated demands made for repayment. The suit was decreed for Tk.39,71,334/- with cost fixing Tk.43,297/-, payable in four equal installments with interest @ 8% p.a. and in case of default of payment of any installment the decre......dance with law and therefore no interference is called for. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 875. ......herefore the execution as filed is ex facie time barred The Decree holder resisted the application contending, amongst oth­ers, that the learned Court ordered for pay­ment of the decreetal amount in 4 equal installments within one year without spec­ifying the dates for payment of the..

Category: Civil Law | Date: | Hits: 99

K. M. Muzahid Islam Vs. Bangladesh, 2009, 38 CLC (AD)

....1991 and that the Textile Mills Unit went into operation in August, 1988. It was stipulated that the foreign currency loan amount out of the total loan amount was to be paid back in 15 half-yearly installments effective from 30.06.1988 and the local currency loan amount was to be repaid in 18 ha......in. Thus we do not find any merit in the leave petition. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 865. ......ll as the Managing Director and Directors of the Borrower Company. 4. The respondent bank sanctioned Tk.4,18,50,000/- out of which the borrower company availed Tk.4,39,31,000/- and the loan amount was disbursed in between 30.12.1986 and 20.01.1991 and that the Textile Mills Unit went into..

Category: Civil Law | Date: | Hits: 140

Abdul Mannan and others Vs. Borhan Uddin Chowdhury and others, 2009, 38 CLC (AD)

....ved at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 862. ...... Court Division erred in sending the suit back on remand to the trial court for fresh decision when all the material evidence and the inspection report were available on record and it is a settled principle of law that when all mate­rials are available on record the court would decide the po......ved at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 862. ..

Category: Property Law | Date: | Hits: 41

Gopal Chandra Vs. Mitali Rani Chandra, 2009, 38 CLC (AD)

....;ference. 10. In such view of the matter, we find no substance in the leave petition and the same is dismissed accordingly. Ed. This Case is also Reported in: VI ADC (2009) 856. ......;ference. 10. In such view of the matter, we find no substance in the leave petition and the same is dismissed accordingly. Ed. This Case is also Reported in: VI ADC (2009) 856. ......e marriage was consummated and after some days defendant No.1 under the influ­ence  of defendant Nos. 2-4 demanded Tk. 50,000/- as dowry from the brother of the plaintiff and when the said amount was not paid, plaintiff was sent to the house of her brother and thereafter, defendant, on ..

Category: Criminal Law | Date: | Hits: 75