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Abdul Malek (Md) Vs. Bangladesh and others, 2006, 35 CLC (HCD)

....ave been passed without lawful authority and the same is of no legal effect. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 59 DLR (2007) 284. ......ertiliser Company Ltd. (shortly, the company) by an agreement dated 10-1­1996 signed between the petitioner and the General Manager of the Company. Originally, the agreement for dealership was for a period of one year with effect from 10-1-1996 and subsequently, the said dealership was extended up ..

Category: Civil Law | Date: | Hits: 74

Mohammad Ullah (Driver) Vs. State, 2007, 36 CLC (HCD)

....oned. The learned judge is directed to proceed with the appeal in accordance with law. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 281. ...... appeal from jail should be admitted for hearing giving a chance to the accused appellant petitioner to defend his case. 4. In criminal case there is no question of condonation of delay as the period for avoiding apprehension is never curtailed from the sentence or like civil suit a right acc..

Category: Criminal Law | Date: | Hits: 36

Abani Kumar Mistry and others Vs. Government of the People's Republic of Bangladesh and others, 2006, 35 CLC (HCD)

....le is hereby recalled and vacated. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 59 DLR (2007) 270, 26 BLD (HCD) (2006) 634. ......Ms. Dulichand Omraolal vs. Bangladesh, through the Secretary, Ministry of Industries and others, 33 DLR (AD) 30 and submitted that once a property assumed the character of 'enemy property' during the period from 6-9-1965 to 16-2-1969, the subsequent taking over of the property as 'enemy property', w..

Category: Property Law | Date: | Hits: 27

Surajmal Ram Prasad Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)

....ith our answer in the negative against the Revenue Department and in favor of the applicant. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 59 DLR (2007) 268.......tion (3) of section 154 of the Ordinance further provides: "Appellate Joint Commissioner of Taxes or the Commissioner (Appeals), as the case may be, may admit an appeal after expiration of the period of limitation specified under sub-section (2) if he is satisfied that the applicant was preve..

Category: Fiscal/Taxation Law | Date: | Hits: 63

Anwara Begum Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....d Buildings as published in Ka list dated 28-4-1986 within 3(three) months from the date of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 251, 26 BLD (HCD) (2006) 123. ......deed dated 3-1-1977 in favour of the petitioner. It is further stated that the petitioner failed to prove the presence of Md. Younus Ali, original allottee of the case house, in Bangladesh during the period 26th March, 1971 to 3rd January, 1977 and, as such, the Court of Settlement lawfully and righ..

Category: Property Law | Date: | Hits: 40

Abdul Karim and others Vs. Court of Settlement and others, 2007, 36 CLC (HCD)

....6 under Abandoned Buildings (Supplementary Provisions) Ordinance, Ordinance 54 of 1985 at page No. 9764 (17), Serial No. 42 (Annexure-I). Ed. This Case is also Reported in: 59 DLR (2007) 247.......ent officer and that after hiring the property the government allotted the same to one Mr. Md. Arifur Rahman, Administrative Officer, Ministry of Planning, Government of Bangladesh on 30-5-1974 for a period of l(one) year and that the said agreement was renewed from time to time upto 1987 and paid r..

Category: Property Law | Date: | Hits: 33

Nazir Ahmed Vs. Md. Amin Mia and anothers, 2007, 36 CLC (HCD)

....once if he is not wanted in connection with any other case. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 245. ......itan Magistrate, Dhaka in GR Case No. 166 of 1995 and TR No. 42 of 2000 corresponding to Mohammadpur PS Case No. 48(01)95 sentencing the appellant-petitioner to suffer rigorous imprisonment for total period of 10(ten) years along with fine of Taka 10,000 in default to suffer simple imprisonment for ..

Category: Criminal Law | Date: | Hits: 40

Shaherunnessa Vs. Shamsunnahar, 2007, 36 CLC (HCD)

.... the decree of the trial Court decreeing the suits are hereby set aside and both the suits are dismissed. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 217. ......d delivered possession by demarcation and divested of all interest therein. 14. Thus getting the suit premises, he possessed the suit premises by living with his family for more than the statutory period in assertion of his own right and title. Shahjahan Gazi, husband of the plaintiff and said Fe..

Category: Property Law | Date: | Hits: 35

Shahella Chowdhury Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)

....no legal effect; and they are accordingly quashed. Order of stay granted on 23-5­06 is also recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 213. ......not explained under sub-section (3), unexplained investments not recorded in the books of account maintained by the assessee under sub-section (4) and personal loan if not repaid within the statutory period under sub-section (21) of section 19 shall deem to be "income from other sources" under secti..

Category: Fiscal/Taxation Law | Date: | Hits: 69

Mirza Shahab Ispahani Vs. Government of the Peo­ples’ Republic of Bangla­desh, 1987, 16 CLC (HCD)

....tore the disputed property to the possession of the petitioner within three months from date. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 87. ......oner obtained a British passport on 14.4.72 for which he applied on 28.2.72. He surrendered his Pakistani passport to the Embassy of Pakistan in London through the British Home Office. The va­lidity period of the British passport having expired, the petitioner received another British passport vali..

Category: Immigration and Citizenship Law | Date: | Hits: 188

Sultan Ahmed Vs. Golam Mostafa alias Dulal and Others, 1987, 16 CLC (HCD)

....on the witnesses and the learned Magistrate fixed 15.7.85 for evidence. 4. On 15.7.85 the learned Magistrate extended the time for trial of the case by 30 days stating as follows:- "Though the stipulated time will expire to day, another 30 days is taken in accordance of amended section 339C(3......agistrate is set aside and he is directed to proceed with G.R. Case No.89 of 1985 in accordance with law. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 85...

Category: Criminal Law | Date: | Hits: 26

Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)

....al transaction and Banking system has been spell out in the Uniform Custom and Practice for documentary credit has been made a part of the instant L.C. 41. The L.C. in the instant case has clearly stipulated that the said credit is subject to Uniform Customs and Practice for documentary credit, 1......s' start up training and thereby committed breach of the con­tract for which the plaintiff has suffered loss in pro­duction amounting to Tk.6,00,000.00 in respect of the said 23 machines during the period from middle of April, 1985 to October, 1985 and the defendants are liable to make good the sa..

Category: Business or Commercial Law | Date: | Hits: 209

M/s. Ayat Ali Bhuiyan & Company Ltd. Vs. Janata Bank, 1987, 16 CLC (HCD)

....b­servation made above. Therefore, we make Rule ab­solute in the above terms without any order as to costs. ARM Amirul Islam J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 56....... Dhaka in Money Suit No. 287/86. And in the matter of stay of the operation of the order dated 3.12.86 in Money Suit No. 287/86 of the Court of the Sub-Judge and Commercial Court No.1 be stayed for a period of three months from date as ordered by the Court. Judgment AM Mahmudur Rahman J. - Th..

Category: Civil Law | Date: | Hits: 88

Titas Gas Transmission and Distribution Company Ltd. Vs. Habib Oil Mills (BD) Ltd., 2001, 30 CLC (HCD)

....eceipt of the copy of this judgment. In the result, the Rule is disposed of with the aforesaid observation without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 35. ......r certain terms and conditions as laid down in the notice dated 19-11-1997. But unfortunately, the plaintiff did not pay any heed to it and continued to consume gas unlawfully till today. During this period the defendant company issued several reminders to the plaintiff for regularising their unlawf..

Category: Civil Law | Date: | Hits: 115

Abu Lokman Vs. Commissioner of Customs & others, 2002, 31 CLC (HCD)

....aid sub section. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 34. ...... can justify the validity of the imposition of tariff value considering the papers annexed to the supplementary affidavit showing the invoice value of the similar kind of GI Pipes of the contemporary period. The papers annexed to the supplementary affidavit are commercial invoices of the goods impor..

Category: Fiscal/Taxation Law | Date: | Hits: 56

Paul Reinhurt Limited and another Vs. Prime Textiles Spinning Mills Ltd. and others, 2001, 30 CLC (HCD)

....Plaint of the suit having been rejected, no separate order needs to be passed on the application of defendant No. 3 for striking out its name. Ed. This Case is also Reported in: 54 DLR (2002) 17....... the suit has been adjudicated upon by arbitration in pursuance of an agreement between the parties according to law and the parties have accepted the award and have acted upon it, or, the prescribed period of challenging the award has elapsed, it is the duty of such a court to refuse to give any re..

Category: Civil Law | Date: | Hits: 101

M Mojibul Haque Vs. DG, Bangladesh Bureau of Anti-­Corruption & ors., 2001, 30 CLC (HCD)

....tor was required to complete the work within one month from the receipt of the work order. Since respondent No. 6 failed to execute the aforesaid work as per the contract specification and within the stipulated time the petitioner by letters dated 9‑7‑99, 16‑8‑99 and 22‑9‑99 asked him to......inst the petitioner under section 161 of the Penal Code and 5(2) of the Prevention of Corruption Act, 1947 on 17‑2‑2000 alleging that the petitioner took illegal gratification from him during the period when he was performing his works as a contractor under the Work Order dated 19‑4‑1999 giv..

Category: Anti-Corruption Laws | Date: | Hits: 138

Humayun Majid Vs. Bangladesh Bureau of Anti-Corruption and ors., 2000, 29 CLC (HCD)

....t, the Rule is made absolute with cost of Taka 5,000 against the respondent No. 6 and no order as to cost is made against other respondents. Ed. This Case is also Reported in: 54 DLR (2002) 12. ......er. While the petitioner’s father Abdul Majid had been in possession and control of the case property as the absolute owner inducted therein tenants and kept a portion in his possession. During the period of liberation war of Bangladesh some members of his family were kidnapped by a group of armed..

Category: Anti-Corruption Laws | Date: | Hits: 232

Jahiruddin Ahmed Vs. Yasinuddin and others, 1998, 27 CLC (HCD)

.... after giving opportunities to the contending parties to represent their respective cases. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 97.......ting the accused opposite parties under section 379 of the Penal Code and sentencing them thereunder to suffer RI for one month and to pay a fine of Taka 500.00 in default, to suffer RI for a further period of 15 days. By the impugned judgment the learned Additional District Magistrate set aside the..

Category: Criminal Law | Date: | Hits: 30

Saroj Kanta Sarker Vs. Seraj‑ud‑Dowla & ors., 2003, 32 CLC (HCD)

.... Taka 20,00,000 in respect of rest of the land covered by two contracts. 14. His further case is that, he made two separate contracts on 2‑4‑1985 with the plaintiff and defendant No. 3. It was stipulated in the contracts that the sale deeds had to be taken by 331‑3‑1980, within the time l......3 evidencing receipt of money on different dates clearly intended to extend the time for performance of contract under section 19 of the Limitation Act and, in fact, such acknowledgments extended the period of limitation for performance. 26. Secondly, he submitted that in the meeting held on 15â€..

Category: Civil Law | Date: | Hits: 78