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Md. Mohiuddin Mollah and others Vs. Government of Bangladesh and others, 2010, 39 CLC (AD)
....Notification published in L.A. Case No.66 of 1957-58 on 21.03.1963 did not categorically mention about which portion of land in C.S. Dag No.164 was acquired; that the authority has not followed the mandatory provisions of Section 5(1)(a) and 5(3) of the (Emergency) Requisition of Property Act, 194......on published in L.A. Case No.66 of 1957-58 on 21.03.1963 did not categorically mention about which portion of land in C.S. Dag No.164 was acquired; that the authority has not followed the mandatory provisions of Section 5(1)(a) and 5(3) of the (Emergency) Requisition of Property Act, 1948 and as s..Category: Property Law | Date: | Hits: 59
National Board of Revenue and others Vs. PHP Cold Rolling Mills Limited, 2009, 38 CLC (AD)
....ent of the said surcharge. In that view of the matter, we find no substance in these petitions and accordingly those are dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 132. ......sed. The said cold rolled steel products are used for producing finished goods, such as, B.P. Sheets. The said B.P. Sheets as finished products are exported to various countries. As such, under the provisions of sub-section 1 of section 13 of the Value Added Tax, the respondent applied for adjustm..Category: Fiscal/Taxation Law | Date: | Hits: 70
Abdul Malek Vs. Government of the Bangladesh, 2010, 39 CLC (AD)
....tly discharged the rule. This petition merits no consideration. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 130, 16 MLR (AD) (2011) 440. ...... did not pay any heed to his request. 3. The writ respondent No.5 contested the writ petition refuting the allegations made therein and claimed that the lands in question were acquired under the provisions of the (Emergency) Requisition of Property Act, 1948 after performing all formalities on ..Category: Property Law | Date: | Hits: 58
Daru Miah Vs. Sonaban and others, 1995, 24 CLC (HCD)
....der as to costs. The order of stay granted by this Court earlier staying the operation of the impugned judgment and decree is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 589.......gift is a forged one, by comparing himself the signature of late Abdur Rahman appearing on the said deed of gift with his admitted signatures. He submits that the trial Court is not authorised as per provisions of section 73 of the Evidence Act to compare any disputed signature and thereby has commi..Category: Property Law | Date: | Hits: 89
Abul Kalam Azad (Md.) and 2 others Vs. State and others, 2000, 29 CLC (HCD)
.... of Thana Magistrate Chirirbandar are set aside. Communicate the order to the Magistrate concerned for hearing the matter at early date. Ed. This Case is also Reported in: 52 DLR (2000) 583. ......t consider the record at all. Inquiry report is part of the judicial record and one of the pieces of the document of the prosecution. A decision regarding framing charge cannot be made in view of the provisions of sections 203 and 241A of the Code of Criminal Procedure without considering the inquir..Category: Criminal Law | Date: | Hits: 67
Government of Bangladesh and others Vs. Sontosh Kumar Shaha and others, 2009, 38 CLC (AD)
.... Paper-Book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till disposal of the appeal. End. This Case is also Reported in: VIII ADC (2011) 127. ......of 2004. 2. The facts leading to the filing of the writ petition are that while the writ-petitioner was serving as the Senior Assistant Judge at Chuadanga, two departmental proceedings under the provisions of the Government Servant (Discipline and Appeal) Rules,1985, were instituted against him..Category: Employment/Service Law | Date: | Hits: 73
KM Zakir Hossain Vs. Bangladesh Bank and others, 2000, 29 CLC (HCD)
....e respondent No.4. In view of the above, the Rule is discharged without any order as to costs. Stay order granted earlier is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 577. ......for principal and interest. This new schedulement is illegal and malafide and has been done at the instance of the present Chairman of the Board of Directors of IFIC Bank. It has clearly violated the provisions of sections 29 and 45 of the Bank Companies Act, 1991 as well as the aforementioned circu..Category: Business or Commercial Law | Date: | Hits: 208
Md. Mobarak Hossain Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (AD)
....ring a letter dated 10.12.2006 of the LGED, respondent No.5 stated that necessary earth work had not been done. On 16.01.2007, respondent No.5 informed the petitioner that 10% advance payment was not mandatory. On 16.01.2007, the petitioner replied that he had already mobilized the excavators, chain...... On 10.04.2008, the petitioner asked for adjudication under clause 24 of the condition of contract, but no action was taken. The petitioner could not resort to Arbitration as without completion the provisions of adjudication, there was no scope for Arbitration. 4. Respondent No. 5 filing an aff..Category: Others | Date: | Hits: 118
MA Hossain and others Vs. National Bank of Pakistan and others, 2010, 39 CLC (AD)
....of application. As such, the Rules were rightly discharged by the High Court Division. In the result, these petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 595. ...... possible, by selling the movable properties pledged with the bank or to sell the mortgaged properties, in order to avoid filing of the suit. In case of such sell under section 12 of the Ain, the provisions of sub-section (5) of section 6 was got no manner of application. As such, the Rules..Category: Property Law | Date: | Hits: 54
Anti-Corruption Commission Vs. Shamima Begum & others, 2009, 38CLC (AD)
....dy complied with the order by declaring the assets which on investigation has shown prima facie ingredients of the offence for indictment of the petitioner and that on the absence of violation of any mandatory procedural provision the High Court Division stayed of proceedings allowing the offenders ......ve, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 277. ..Category: Fiscal/Taxation Law | Date: | Hits: 86
....nings.
Under such circumstances, this petition for Review has got no substance and it is dismissed with the aforesaid observation.
Ed.
This Case is also Reported in: VIII ADC (2011) 114.
......pparent from the averments made in the petition for condonation of delay.
15. An objection has been raised on the summary disposal of the petition for condonation of delay on the ground that the provisions of Rules 30 and 31 of Order XLI of the Code of Civil Procedure had not been complied with..
Category: Limitation Law | Date: | Hits: 165
Ayesha Khatun & others Vs. Rabindra Chandra Saha and others, 2006, 35 CLC (HCD)
....as to costs and the impugned judgment of the leaned Additional District Judge is upheld and the suit is decreed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 641. ......t plot with other land in his saham and other co-sharers got other land, that while possessing in such way Nabin Chandra died, leaving his only son, Jagabandhu Saha, who inherited the same and as per provisions of State Acquisition and Tenancy Act, the khas Khamar title was converted into Raiyati jo..Category: Property Law | Date: | Hits: 126
Hiru Mia Vs. State, 2005, 34 CLC (HCD)
....l appellant's custody before the conviction. Send down the records of the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 607......."offences against other laws", Special Powers Act has created a Special Tribunal for trial of offences under it. It is both an adjective law and substantive law. 18. Let us now examine how far the provisions of the Code affect the Special Powers Act, which is a special law. Section 1(2) of the Co..Category: Criminal Law | Date: | Hits: 63
Ibrahim (Md.) & others Vs. State, 2004, 33 CLC (HCD)
....e of Criminal Procedure have been duly complied with or not in its real perspective. Mr. Chowdhury, substantiating his argument on the point relying on some authorities, submits that noncompliance of mandatory requirements of section 342 of the Code of Criminal Procedure caused serious prejudice to ......eal should be dismissed. 20. At the very outset let us begin with the second line of the argument of the learned Counsel for the condemned prisoners to the effect that, whether in the instant case provisions of section 342 of the Code of Criminal Procedure have been duly complied with or not in i..Category: Criminal Law | Date: | Hits: 91
Nurul Haque Sarker Vs. Janata Bank and others, 2006, 35 CLC (HCD)
....e at the earliest possible opportunity and in all cases where issues are settled, at or before the settlement of issues; and (ii) notice must be given to the other side. The provision as to notice is mandatory. Such notice may be given by the party making an application or by the Court. 13. Secti...... is set aside and the learned Joint District Judge, First Court; Narayanganj is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 589. ..Category: Civil Law | Date: | Hits: 92
Abdul Aziz (Md.) Vs. Sonia Pervin Liza (Minor), 2006, 35 CLC (HCD)
....f- opposite party within 3(three) months from the date failing which the same will be realized according to law. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 583. ......charaya that Criminal Procedure Code overrides the Family Law Ordinance, we may profitably refer section 3 of the Ordinance of 1985 which is as follows: "3. Ordinance to override other laws.- The provisions of this Ordinance shall have effect notwithstanding anything contained in any other law f..Category: Family Law | Date: | Hits: 214
Kazi Md. Shafiqur Rahman Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....Bichar-6/2N- 35/76 dated 25-4-2001 is declared to have been made without lawful authority and is of no legal effect. No order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 534.......d the stay order passed by the Hon'ble High Court Division in Writ petition filed by Monowar Hossain. The petitioner, as it appears from the materials on record, has not acted in contravention of the provisions of the Act and the Rules. For alleged violation of the order of the High Court Division n..Category: Employment/Service Law | Date: | Hits: 81
Eskayef Bangladesh Ltd. Vs. Commissioner of Taxes, 2004, 33 CLC (HCD)
....le 65 of ITO, 1984?" Mr. Altaf Hossain, the learned Advocate appearing for the applicants in both the reference applications, strenuously argues that section 35 of the Ordinance, 1984 has made it mandatory upon the DCT to accept the account if it is found that the assessee regularly maintains th......both the reference applications it has been contended that the Appellate Tribunal failed to consider that the accounts of the company was duly audited by a Chartered Accountant in compliance with the provisions of section 35 of the Ordnance, 1984 and chartered accountant firm certified the accounts ..Category: Fiscal/Taxation Law | Date: | Hits: 88
.... In the result, the Rule is discharged without any order as to costs and the order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 58 DLR (2006) 517.
...... from the respondent No. 3 bank in such manner it may think fit and the Bangladesh Bank also is empowered under section 43(b) to furnish such information to any banking company in accordance with the provisions of Article 45. Article 44(1) enables the Bangladesh Bank to direct any banking company to..
Category: Business or Commercial Law | Date: | Hits: 251
Huang Chia Hsiang Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ed to have been made without lawful authority and to be of no legal effect. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 58 DLR (2006) 503. ......and proceeding with the auction sale which is illegal, malafide and is of no legal effect. Mr. Ahmed has also submitted that the Marine Fisheries Ordinance, 1983 being a special law having no special provisions to seek any relief against the forfeiture of the vessel and the petitioner having no othe..Category: Admiralty Law or Maritime Law | Date: | Hits: 221
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