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Bangladesh Inland Water Transport Authority Vs. United Trading Corporation, 1989, 18 CLC (HCD)
.... "decision upon the existence or effect of an award" is wide enough to cover suits which are aimed at implementing the terms of an award. In cases where parties want to have the award enforced, the proper procedure for them is first to get that award made a rule of the Court and then to enforce or...... Reported in: 41 DLR (HCD) (1989) 513.......ved on the parties on 18.7.72. This suit was barred under section 32 of the Arbitration Act. 7. The learned Subordinate Judge held that the award in question is not a mere waste paper but has some legal effect. It is final and binding upon the parties. It is not a waste paper unless it is made a ..Category: Civil Law | Date: | Hits: 142
Janata Bank Vs. Mohiuddin Specialised Textile, 2009, 38 CLC (HCD)
....ons of this Cell and Committees have no force of law and are not binding on the loan granting banks and financial institution unless and until these recommendations are accepted by the government and proper directions are made by the government for implementation of these recommendations. (x) In......Mohiuddin Specialised Textile………………Defendant-Respondent Judgment August 18, 2009. Result: The appeal is allowed. Cases Referred to- Sonali Bank Vs. Quaderia Publications and Products Limited, 17 BLT (AD) 148; Sonali Bank Vs. Messrs Beg and Beg Jute Incorporated Ltd., 17......has power to allow interest while decreeing the suit. Learned Advocate, relied on some of the decisions of the Appellate Division as well as High Court Division and submits that learned Judge acted illegally in not allowing interest while decreeing the suit. 6. Mr. Shasti Sarker, learned Advocate..Category: Civil Law | Date: | Hits: 141
Khondker Abdul Majed Vs. Tarapada Dey, 1999, 18 CLC (HCD)
....laintiff for a decree of mandatory and prohibited injunction, etc. 3. During pendency of the suit the plaintiff opposite party filed an application on 28-8-1990 for local investigation in the Suit property. In the application the plaintiff prayed for local investigation to ascertain the area of o......, inter alia, in short, is that, the plaintiff-opposite party filed Other Suit No.199 of 1988 subsequently re-numbered as Title Suit No.140 of 1990 in the Court of Senior Assistant Judge, Magura for mandatory and prohibitory permanent injunction in respect of 1 decimal of land mentioned in the sched......eging that the Advocate Commissioner did not fix tri-junction pillar and committed an error in not starting its survey from tri-junction pillar to relay the land, that the Advocate Commissioner has illegally submitted report to the effect that the building of defendant No.1 has encroached the suit l..Category: Civil Law | Date: | Hits: 122
Hyundai Corporation Vs. Deputy Commissioner of Taxes, Dhaka and another, 1999, 18 CLC (HCD)
....that in their judgment they have not at all discussed or considered the points at issue. They have simply stated the parties case and then dismissed the appeal. This judgment cannot be construed as a proper and legal judgment. They have shirked their responsibilities and they have not considered the......t Division (Special Original Jurisdiction) Present: Mahmudul Amin Choudhury J Md. Abdul Aziz J Hyundai Corporation…………..Petitioner Vs. Deputy Commissioner of Taxes, Dhaka and another………………..Respondent Judgment March 11, 1999. Result: The reference......Office at Seoul, Korea. They have no income out of any business or transaction in Bangladesh. Their case is that they have no trading income and have no fixed place of business and, as such, they are legally entitled to put in nil income tax return with the income tax authority and accordingly, they..Category: Fiscal/Taxation Law | Date: | Hits: 254
Delicia Dairy Food Ltd. Vs. Collector of Customs and others, 1998, 17 CLC (HCD)
.... to the Writ Petition) should not be declared to have been made without lawful authority and to be of no legal effect or such other or further order or orders passed as to this Court may seem fit and proper. 2. By the impugned order petitioner was directed to deposit within 15 days from the date ......t High Court Division (Special Original Jurisdiction) Present: Md. Ruhul Amin J Md. Iftikhar Rasool J Delicia Dairy Food Ltd……..........Petitioner Vs. Collector of Customs and others ………………….Respondent Judgment June 25, 1998. Result: The Rule is ......y the impugned order being Nathi No. S4-02/AP/Group-6/94/12989-Cus. Dated 12-4-1994 (Annexure-D to the Writ Petition) should not be declared to have been made without lawful authority and to be of no legal effect or such other or further order or orders passed as to this Court may seem fit and prope..Category: Fiscal/Taxation Law | Date: | Hits: 189
Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)
....nd allowed by the learned judge was made or given on emotion as there is no reason for the claim or awards given, as submits that any claim made or any decree passed should be calculable and based on proper materials on record. In this regard learned Advocate relied on the decision of Serajul Islam ...... High Court Division (Civil Appellate Jurisdicion) Present: Sharifuddin Chaklader J Md. Nuruzzaman J Bangladesh Beverage Industries Ltd.…………Appellant Vs. Rowshan Akhter and others…………..Respondents Judgment May 11, 2010. Result: The appeal is allowed......written statement. In this written statement appellant did not deny the accident. The defendant in written statement virtually challenged the claim of compensation, as those are imaginary and have no legal basis. 7. The specific case of the defendant-appellant is that he appointed the driver, def..Category: Civil Law | Date: | Hits: 339
Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)
...., Dhaka impleading Judgment debtors as defendant No.1 and 2 and Bangladesh House Building Finance Corporation as pro forma defendant, for realizing loan money of Taka 8,03,568 on selling the mortgage property. 3. Plaintiff in the plaint stated that defendant Judgment debtor No.1, Md. Asadullah by...... is also Reported in: 62 DLR (HCD) (2010) 474. ......nt verbally and in writing on 29-3-94, 8-7-95, 15-6-96, 13-8-94 and 30-8-99 by issuing registered letter and having disgusted with the conduct of the defendants. Sonali Bank through his lawyer issued legal notice demanding payment of the loan within 9-1-2001. The loan at 3,00,000 so given to the def..Category: Civil Law | Date: | Hits: 156
....und of the claimed amount of the petitioner forthwith preferably within 1(one) month from the date of receipt of this order positively.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 471.......ision
(Special Original Jurisdiction)
Present:
Md. Ashfaqul Islam J
SM Emdadul Hoque J
Trading Corporation of Bangladesh…………..Petitioner
Vs.
Commissioner, Customs, Excise and VAT Commissionarate and others…………..Respondents
Judgment
July 18, 2010.
Result:......7-10-2002 deposited as per section 42(2)(a) of the VAT Act, 1991 at the time of filing of the appeal against the demand dated 7-10-2002 despite success in the appeal and Taka 19,30,521.72 which was illegally realized by the vat authority as trade VAT by misinterpreting the law shall not be declared ..
Category: Fiscal/Taxation Law | Date: | Hits: 323
Bangladesh Environment Lawyers Association (BELA) Vs. Bangladesh, 2010, 39 CLC (HCD)
....s and also to realize compensation from them for causing damages to the river and the villagers of the said villages and/or such other or further order or orders passed as this Court may deem fit and proper. 2. By the same Rule issuing order dated 13-7-2009, the respondents were restrained by an ...... Bangladesh Environment Lawyers Association (BELA)……………Petitioner Vs. Bangladesh…………..Respondents Judgment June 3, 2010. Result: The Rule is made absolute in part and the injunction order stands vacated. Cases Referred to- Dr. Mohiuddin Faruque Vs. Banglade......use as to why they should not be directed to protect the river Jadukanta (in the mouzas of Puranlaur, Chaliarghat, Lamashram, Purbodoil and Ghagra, Police Station-Tahirpur, District-Sunamganj) from illegal extraction of sands from its bed and banks and also to protect the banks of the said river by ..Category: Environmental Law | Date: | Hits: 1019
Gani Mia & another Vs. U.N.O., Biswanath, District Sylhet & Others, 1988, 17 CLC (HCD)
....of 1986. This petition be treated as allowed. 3. Factual matrix of the present matter appears to be a competition in benevolence. The petitioners and the opposite party Nos.5-7 are rival donors of properties for housing the Alankari Post Office under Biswanath Upazila. The petitioners as plaintif......hamsul Huq, 27 DLR (AD) 1; Safiuddin Ahmed Siddiqui Vs. The Deputy Custodian, Enemy Property Management Board, 31 DLR page 107; Md. Ayub Vs. Bangladesh represented by the Secretary, Ministry of Works and other, 39 DLR (AD) 111; AIR 1960 (J & K) 67; Banarash Das Durga Prashad Vs. Panna Lal Ram Ri...... dispute between the plaintiff petitioners and the defendant opposite party Nos. 1-4. This is also a reason why the impugned order cannot stand. 18. The next question that arises is whether this illegality has occasioned a failure of justice. This may be considered in the light of the decision re..Category: Procedural Law | Date: | Hits: 193
Gura Miah and others Vs. Fazar Ali and others, 1988, 17 CLC (HCD)
....any title and possession therein were giving out that they would forcibly evict the First party men therefrom and thereby were creating apprehension of serious breach of peace and loss of lives and properties. The said application was sent to Officer-in-Charge Maheshkhali P.S. who on enquiry submi......is Case is also Reported in: 42 DLR (HD) (1990) 70.......ration of evidence that there was no apprehension of breach of peace with regard to the proceeding land and the parties to the proceeding were also in joint possession the Magistrate committed an illegality in making the final order and in not vacating the initial order and dropping the proceeding..Category: Criminal Law | Date: | Hits: 126
Khaled Akbar Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)
....nd or a chala land. 16. The Appellate Tribunal in its decision has given cogent reasons for reducing the amount as awarded by Arbitrator in respect of each of the items, namely market value of the property, the question of damage by severance of the property from the other properties of the petit......vil Revisional Jurisdiction) Present: Latifur Rahman J Nurul Huque Bhuiyan J Khaled Akbar…………………………………………..Appellant Vs. The Government of Bangladesh and others..................Opposite Party Judgment April 9, 1989. Result: The Rules are......uisitioned on 19.3.58 in L.A. Case No.66/57-58. Thereafter Basharatullah filed Title No.193 of 1969 in the 1st Court of Subordinate Judge, Dhaka and obtained a decree declaring the requisition as illegal and void. In consequence of the said decree the land was released from requisition and symboli..Category: Alternative Dispute Resolution | Date: | Hits: 280
Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)
....ed, the question of amendment of the plaint does not arise. Hence the connected rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 60. ......the Opposite Party. Civil Revision Case No. 111 of 1989. Judgment Abdul Bari Sarker J.- This application under section 115 of the Code of Civil Procedure is directed against the Judgment and decree passed by Mr. Md. Habibullah, Additional District Judge, Khulna in Title Appeal No.254 of...... order dated 19th August 1974 with effect from the date of suspension on 2.4.74 vide Ext. "4". The plaintiff filed the suit for a declaration that the order of dismissal made by defendant No.1 is illegal, ultra vires and without jurisdiction and is of no legal effect and is against the princip..Category: Employment/Service Law | Date: | Hits: 175
Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)
....e to the notice of Mr. Abdul Malek who being an Advocate held in high esteem would have taken steps for expunging this part from the order so that no impression is created that he was trying to improperly throw his weight on the Magistrate' using an insignificant fact of his having acted as an......302/34 arising out of Dhanmondi P.S. Case No. 3(II) 86. A Suo-Motu Rule being No.47/89 was also issued on 13.2.89 calling upon the Deputy Commissioner, Dhaka, the Chief Metropolitan Magistrate, Dhaka and the Secretary, Ministry of Home Affairs, Government of Bangladesh and accused Shah Alam Chowdh...... Atiar Rahman Chowdhury and Nizamuddin Bepari as absconders), citing as many as 37 witnesses including the doctor, the hand-writing expert and the concerned police officers. After following the legal provisions regarding in absentia trial of accused Saidur Rahman Chowdhury @ Bachchu Chowdhury,..Category: Criminal Law | Date: | Hits: 127
State Vs. Jahaur Ali & Others, 1987, 16 CLC (HCD)
....he relevant column of charge-sheet as absconding. 3. Informant's uncle Sheer Mahmud was assaulted by Sabur Ali (since acquitted). He was taken to hospital for treatment and after having received proper medical treatment at Rangpur Medical College Hospital he came round. 4. Defence version ......r section 374 of the Code of Criminal Procedure has been made by the Sessions Judge, Kurigram for the confirmation of the death sentence passed on condemned prisoners, namely, Taib Ali, Asia Khatun and Sabiran Nessa in Sessions Case No.56 of 1985 under sections 302/34 of the Bangladesh Penal Code....... Akram Hossain Amin who has been appointed by the State for the purpose. The learned Advocate for the defence has attacked the judgment and order of conviction and sentence of the Sessions Judge as illegal, improper and perverse on the ground that he did not take any step to defend the condemned pri..Category: Criminal Law | Date: | Hits: 107
Md. Nasir Vs. State, 1989, 18 CLC (HCD)
....as allowed the most veteran criminal Tasir Ahmed scot free. The statements recorded by S.I. Abdul Khaleque leave no room for doubt as to the involvement of Tasir Ahmed so this investigation was not properly held by Inspector Serajul Islam insofar as Tasir Ahmed is concerned and I think in the fi...... Appellant. Golam Mohiuddin, Advocate—For the State. Criminal Appeal No.97 of 1984. Judgment Syed Fazle Ahmed J.- Appellant Md. Nasir alias Nasir alias Nasir Ahmed along with Nur Nabi and Enamul Hoque were placed on trial before Additional Sessions Judge, Noakhali to answer a charger......nt preferred appeal before this Court. The learned counsel appearing for the appellant submits that the judgment and order of the Court below is based on surmise and conjecture, that there is no legal testimony to connect the appellant with the murder of his father Nona Mia; that in the First I..Category: Criminal Law | Date: | Hits: 117
Muktar Hussain Khan Vs. Suresh Chandra Dey & Others, 1989, 18 CLC (HCD)
....notice of the original contract The Supreme Court held that in that circumstances the High Court was perfectly justified in coming to the conclusion that the appellants had failed to prove that the property in dispute was purchased for value and in good faith and without notice of the earlier cont......86. ...... provision of Order 41, rule 27 of the Code of Civil Procedure. The Rule is, therefore, made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 86. ..Category: Civil Law | Date: | Hits: 133
Shahjahan Mizi (Md.) Vs. State, 2005, 34 CLC (HCD)
.... dead body. He further stated that if somebody takes poison in that case there will be no sign of asphyxia. He also denied the suggestion of the defence to the effect that the postmortem was not held properly. 22. The P.W.7 Anowar Hossain stated in his evidence that he knew both Rina Begum and Sh...... Deputy Attorney-General—For the Respondent. Criminal Jail Appeal No. 779 of 2003. Judgment Syed Abu Kowser Md. Dabirush Shan J.- This jail appeal is directed against the impugned judgment and order dated 27‑8‑2003 passed by the learned Sessions Judge, Chandpur, in Sessions Case No.64......eless and thereafter she died. The learned Counsel for the defence next argues that the accused had no intention to kill his wife as such the conviction under sections 302/201 of the Penal Code was illegal and at best he could be convicted under on 304 of the Penal Code Part II i.e. culpable homicid..Category: Procedural Law | Date: | Hits: 118
.... substances distributed by the Respondent No.1 by operation of Article 143 of the Constitution which provides as follows:-
"(1) There shall vest in the Republic, in addition to any other land or property lawfully vested—
(a) all minerals and other things of value underlying any land of Ban......ecial Original Jurisdiction)
Present:
Abdul Matin Khan Chowdhury J
Naimuddun Ahmed J
Conforce Limited, a Limited Liability Company………...Petitioner
Vs.
Titas Gas Transmission and Distribution Co. Limited, a Public Limited Liability Company & another……………….R...... Petition No.1698 of 1988.
(An application under Article 102 of the Constitution of the People's Republic of Bangladesh.)
Judgment
Abdul Matin Khan Chowdhury J. - This Rule challenges the legality of the order of the Respondent No.1 whereby disconnection of gas in the brick-field of the ..
Category: Others | Date: | Hits: 227
Abdul Sattar & another Vs. Osimuddin & others, 1988, 17 CLC (HCD)
....ncy Act, the petitioner has to know the names of the vendees, the number of plot of land and the quantum of land sold by the vendor in order to examine as to whether he is a contiguous owner of the property sold or not. Unless he is definite as towhether he qualifies himself to file a petition und......ddin & others…………………………....Opposite Parties Judgment February 18, 1988. Result: The Rule is discharged. Cases Referred to- Habibur Rahman Khalifa Vs. Satis Chandra Ghosh, (1977) 29 DLR (H.C) 178; 29 DLR 1789; Hajera Bibi Petitioner Vs. Noor Jahan Begum &am......ehalf of the present petitioners, (opposite party Nos.68-69), subsequent purchasers of the case land from the pre-emptee Narayan Chandra Pal submits that the court of appeal below has committed illegality occasioning failure of justice in putting reliance on the testimonies of P.Ws.1, 2 and 3 di..Category: Property Law | Date: | Hits: 100
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