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Ayurvedia Pharmacy (Dhaka) Ltd. Vs. Meher Banu Bibi and others, 2013, 42 CLC (AD)
....in which deserves our interference. In that view of the matter the petition for leave to appeal is hereby dismissed Ed. This Case is also Reported in: 21 BLT (AD) (2013) 229. ......in which deserves our interference. In that view of the matter the petition for leave to appeal is hereby dismissed Ed. This Case is also Reported in: 21 BLT (AD) (2013) 229. ......02.01.2000 to purchase the land described in the schedule, at a consideration of Tk.2, 34, 00,000/-out of which Tk.78, 00,000/- was paid in advance with a further commitment to pay the rest of the amount by 31 December, 2007. Subsequently on the incorporation of section 17A and 17B in the Regist..Category: Civil Law | Date: 7 Jul, 2013 | Hits: 13
Zahirul Islam @ Dipu (Md.) Vs. State, 2013, 42 CLC (AD)
....f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129. ......t; have killed the victim but in fact, that they must have killed the victim and the distance from "may" to "must" has to be traversed by reliable evidence. It is fundamental principle of criminal jurisprudence that circumstantial evidence should point inevitably to the......f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129. ..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2013 | Hits: 3
Wadud Mollah (Md.) Vs. Md. Nayem and Another, 2013, 42 CLC (AD)
....h the above observations. Let a copy of this judgment be communicated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ......h the above observations. Let a copy of this judgment be communicated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ......erson whose arrest on a criminal charge to be imminent merely on his request, who appears in court, without other conditions for such bail being satisfied, and if such prayer is entertained, it would amount to an act of 'extravagance which cannot be countenanced'. The use of the expression &..Category: Criminal Law | Date: 17 Jun, 2013 | Hits: 3
Golam Rasul Belal Vs. Habibullah Shakir and another, 2013, 42 CLC (AD)
....t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58. ......t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58. ......ng filed .the instant complaint case under section 138 of the Negotiable Instrument Act, 1881 on 9-9-2004 and at the relevant time provision was to make a demand for the payment of the said amount of money by giving a notice in writing and in the petition of complaint, the complainant..Category: Criminal Law | Date: 11 Jun, 2013 | Hits: 10
Sahab Uddin (Md.) Vs. State and another, 2013, 42 CLC (HCD)
....ce during the trial. In view of the above, we find no merits in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 86. ......ce during the trial. In view of the above, we find no merits in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 86. ...... bank of the payee, for collection, but all the cheques were returned due to insufficiency of fund. Thereafter, a legal notice was issued by the payee upon the accused on 30-11-2008 claiming the amount due under the aforesaid three dishonoured cheques. The said notice was received by the a..Category: Civil Law | Date: 11 Jun, 2013 | Hits: 14
Grameen Telecom Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....o be admitted and heard on merit by the Commissioner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ......o be admitted and heard on merit by the Commissioner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ......rized representative Mr. Mahbubur Rahman, ITP before the DCT concern. But the DCT concern upon disallowing some claimed expenditure assessed the income of the Assessee-applicant at a different higher amount. 3. Being aggrieved with and highly dissatisfied by the said assessment order, the Assesse..Category: Fiscal/Taxation Law | Date: 5 Jun, 2013 | Hits: 86
A.B.M. Liton Vs. Bangladesh & Others, 2013, 42 CLC (HCD)
....the refusal of bail are set-aside in so far as the petitioner is concerned. Communicate this order. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 207 ......the refusal of bail are set-aside in so far as the petitioner is concerned. Communicate this order. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 207 ......guarantee in favour of the Bank. This means, the petitioner agreed to repay the loan only when the main borrower, defendant No. 1, failed to repay the same or it became impossible to realize the said amount from the main borrower. Therefore, this Court is of the view that every provision of the said..Category: Banking Law | Date: 3 Jun, 2013 | Hits: 5
Bimol Rosario Vs. Barbara Rosario and others, 2013, 42 CLC (HCD)
....w are hereby maintained. Let a copy of this judgment along with the lower Court s record be sent down at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 122. ......w are hereby maintained. Let a copy of this judgment along with the lower Court s record be sent down at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 122. ......ieved the defendant Nos.1 and 2 in good faith ' and gave the Photostat copies of the relevant papers and Taka 20,000 to the defendant No.1. After 3/4 months later the defendant No.1told that loan amount of 10, 00,000 has been sanctioned and claimed some additional costs. The plaintiff, thereupon..Category: Civil Law, Evidence Law | Date: 22 May, 2013 | Hits: 3
Moon Construction Company Limited Vs. Government of Bangladesh & others, 2013, 42 CLC (HCD)
....ent. Office is directed to communicate the copy of this judgment forthwith. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 193 ......ent. Office is directed to communicate the copy of this judgment forthwith. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 193 ...... No. 2 in the month of October 2011. It has become obvious from Annexure-"G" to the writ petition that before preparing the bill, a measurement was undertaken by the parties. Thereafter, an amount of Taka 29, 92,864.27 and 50, 84,643.56 was deducted from the bill of the petitioner from pac..Category: Constitutional Law | Date: 16 May, 2013 | Hits: 4
ABSCO Limited Vs. Artha Rin Adalat No.2, Dhaka & another, 2013, 42 CLC (HCD)
....ed the said amount in favour of the petitioner No.1 company who opened L/C for importing, the machineries. After availing the said facilities the petitioner No.1 started repayment of installments to the respondent No. 2 as per terms and conditions of the sanction but at a point of t......charged without any orders as to costs.' Communicate the judgment to the court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 9. ......e facility of Taka 2, 29, 50,000 and Taka 2, 48, 50,000 respectively by its sanction letter dated 30-6-2007 on the terms and conditions contained therein. The respondent No. 2 disbursed the said amount in favour of the petitioner No.1 company who opened L/C for importing, the m..Category: Corporate Law, Others | Date: 15 May, 2013 | Hits: 8
Hasan Chowdhury (Md.) Vs. Bangladesh Bank and others, 2013, 42 CLC (HCD)
....nd also to communicate the compliance of our direction to the Registrar of the Supreme Court without any fail. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 533. ......nd also to communicate the compliance of our direction to the Registrar of the Supreme Court without any fail. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 533. ......of 271.250 MT of meat and bone meal from the seller's godown to buyer's factory by truck @ BDT 40,000 per MT as per beneficiary's Proforma Invoice No. MHB2011-05042 dated 24-4-2012 for an amount of Taka 1,08,50,000 only along with up-to-date interest @ 18% per annum till recovery, shall ..Category: Banking Law | Date: 2 May, 2013 | Hits: 3
Sheikh Shahadat Hossain (Md.) Vs. National Board of Revenue, and others, 2013, 42 CLC (HCD)
....vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522 ......superior Court is to be deemed to posses, as inherent in its jurisdiction, all such powers as are necessary to the right and undo the wrong in the course of administration of justice on the principle that when a law gives a person anything it gives that without which it cannot exist. In a ......ainst the appellant for violation of the provisions under sections 86 and 87 of the said Act and thus found it responsible for the removal of the said threads and directed it to pay the duties for an amount of Taka 4,62,599 on the said removed goods and to pay a penalty of Taka 30,000 under Clauses-..Category: Fiscal/Taxation Law | Date: 25 Apr, 2013 | Hits: 2
Abdul Mukid (Md.) Vs.. Artha Rin Adalat Khulna and another, 2013, 42 CLC (HCD)
....d or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 211. ......r did not raise any objection before the Artha Rin Adalat regarding its lack of jurisdiction, yet, he submits, jurisdiction of a Court cannot be conferred by consent of parties and, as such, the principle of estoppel, waiver & acquiescence will not apply against him in the present case......d or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 211. ..Category: Corporate Law | Date: 21 Apr, 2013 | Hits: 4
....ng of Miscellaneous Case No. 28 of 2011 before the Joint District Judge if he is so advised.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 117
......ng of Miscellaneous Case No. 28 of 2011 before the Joint District Judge if he is so advised.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 117
...... neither be apprehend nor there was any scope for realization of fine as such the petitioner through government invoked section 386 of the Code of Criminal Procedure for realization of fine amount and execution case No. 2 of 2011 was registered before the learned Joint District Judge,..
Category: Civil Law, Procedural Law | Date: 18 Apr, 2013 | Hits: 2
Dr. AH Ali Haider Qureshi Vs. Dr. Ali Asker Qureshi, 2013, 42 CLC (HCD)
.... of issuance of the order of leave stands vacated. 19. However, there will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 197 ......nd better statement the defendant-respondent who has admitted himself a. tenant under the plaintiff-petitioner cannot turn back to state that he is not a tenant and, as such, he is barred by the principle of estoppel and he cannot disown his own written statement and introduce new fact by way o...... of issuance of the order of leave stands vacated. 19. However, there will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 197 ..Category: Property Law | Date: 6 Mar, 2013 | Hits: 3
Dhaka City Corporation Vs. Firoza Begum & others, 2013, 42 CLC (AD)
....on are based on proper appreciation of laws and facts. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 145. ......ant Vs. Firoza Begum & others ..................Respondents Judgment March 6, 2013. Result: The appeal is dismissed. Legitimate expectation The root of the principle of legitimate expectation is constitutional principle of rule of law which requires regula...... of the ECNEC to absorb the writ-petitioners in the revenue budget as per Rules and Regulations. The writ-petitioners, thereafter, served a legal notice dated 29th June, 2008 claiming arrear salaries amounting to Taka 1, 07, 08,048. Pursuant to a meeting held on 12th July, 2008 with the Chief Execut..Category: Constitutional Law, Employment/Service Law | Date: 6 Mar, 2013 | Hits: 17
....sts.
Let the copy of the judgment and order be sent to all concerned for information and necessary action.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 146
......sts.
Let the copy of the judgment and order be sent to all concerned for information and necessary action.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 146
......69-of 2010 for recovery of the decretal dues. Eventually the mortgage property was put into auction on 11-11-2010. Only one bidder namely Md. Saleh Zahur participated in the bid offering an amount of Taka 20, 40,820. Thereafter, the petitioner judgment-debtor on 10-1-2011 filed an applicat..
Category: Civil Law, Procedural Law | Date: 26 Feb, 2013 | Hits: 3
Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)
....are hereby vacated. Send down the lower court’s record with a copy of the judgment and order at once. Siddiqur Rahman Miah J. - I agree. Ed. This Case is also Reported in: ......ovided as per Republic of Korean Navy similar type of the frigate. The accused persons also violated the provision of the General Financial Rules, Volume-1, Chapter-II of the Act-IV, contract general principle under Article 19(I) 19(II) 19(III) and 19 (V). 11. Due to its design problem the 76 m......derstanding. On 30.6.1996 a summary was prepared for the Prime Minister who signed it on 30.06.1996. In fact it was sent to the Office of the Prime Minister on 01-07-1996, to pay 10% down payment, an amount of US$ 10 Million to the Deawoo Corporation for the said Frigate in the Financial Year 1995-9..Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82
Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)
....ismissed. The appeal is dismissed with the above modification of the judgment, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ......misor is himself the cause of the failure of performance, either of an obligation due to him or of a condition upon which his own liability depends, he cannot take advantage of such failure. The principle that prevention by one party excuses performance by the other, both of a condition an...... contested the suit denying the material averments made in the plaint and claimed that there was positive stipulation in the agreement that the plaintiff was required to pay the balance consideration amount within a period of 6(six) months for releasing the property from HBFC; that the plaintiff had..Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42
AKM Mahtabul Islam Vs. Bangladesh and others, 2013, 42 CLC (HCD)
....s rule is discharged with an exemplary costs of Taka 10,000 (ten thousand) as condition precedent. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 539 ......ismissing the appeal, therefore, we can safely hold that any writ petition on the self-same allegation cannot be maintained before this court on any situation even by a different person, moreover the principle of law settled by the Apex court quoted as aforesaid also clearly indicate that under the ......s rule is discharged with an exemplary costs of Taka 10,000 (ten thousand) as condition precedent. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 539 ..Category: Constitutional Law, Election Law | Date: 30 Jan, 2013 | Hits: 3
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