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Mirja @ Mizan Vs. State, 2007, 36 CLC (HCD)
....on and sentence dated 30.07.2005 is set aside only as regards accused appellant Mirza alias Mizan. Send down the copy of judgment. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 256. ......orney-General with Nur Mohammad Miah, Assistant Attorney-General - For the State. Criminal Appeal No.3778 of 2005. Judgment Md. Abdul Hye J.- This appeal is directed against the judgment and order of conviction and sentence dated 30.07.2005 passed by learned special Tribunal No.17, Dhaka, i..Category: Criminal Law | Date: | Hits: 65
Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)
.... these Rules. In the result, these Rules are discharged without any order as to costs. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 131. ......…………. Petitioners Vs. Shamir Kumar Chowdhury and others………………. Opposite Parties Judgment December 17, 2008. Result: These Rules are discharged without any order as to costs. Specific performance of contract Where a party seeks to enforce specific pe..Category: Civil Law | Date: | Hits: 138
Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
.... (2009) 119. ......and others ………………….Respondents Judgment June 12, 2008. Result: The Writ Petition No. 1448 of 2008 is disposed of and Writ Petition No. 3071 of 2008 is discharged without any order as to costs. The Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ordina..Category: Property Law | Date: | Hits: 79
Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)
....f the rent receivers held under any waqf, waqf-al-al-aulad, debutter or other religious trust acquired under section 3(1) or non-retainable khas land acquired under section 3(2) finally vested in the Government free from all encumbrances with the publication of the compensation assessment roll under......dated 25-2-1996 (Exhibit 6) sought to be proved by the plaintiff showing payment of rent in the Waqf Estate Karatia is issued by "Mohammad Haidar Ali Waqf al-al-aulad Estate," Karatia. The mutation order dated 28.11.1996 (Exhibit 5) proved by the plaintiff is also issued by the same Haidar Ali Waq..Category: Trust/Waqf Law | Date: | Hits: 114
Sharifuddin and others Vs. Commissioner of Customs and others, 2009, 38 CLC (AD)
....f the Customs Act has no manner of application to the VAT Act, 1991 and cannot be deemed to be incorporated in the VAT Act, 1991 and the withdrawal of the exemption from payment of VAT granted by the Government under notification being SRO No.169 dated 8.6.2000 issued under section 14 of the VAT Act......ral, Naima Haider, Deputy Attorney General, with him), instructed by B. Hossain, Advocate-on-Record—For the respondents (In all cases) Civil Appeal Nos. 32-43 of 2003. (From the judgment and order dated 11.12.2000 passed by the High Court Division in Writ Petition nos. 4531, 4571, 4534, 453..Category: Fiscal/Taxation Law | Date: | Hits: 128
Md. Enamul Haque Vs. Md. Ekramul Haque and others, 2011, 40 CLC (HCD)
....of the suitsexpeditiously preferably within 6(Six) months from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 263. ......onditions for transferring the case are that it should be filed at the earliest possible time and next, before settlement of issues…………….(17) The Learned Judge after passing the impugned order cleverly, minutely and masterly added further line which only not been heinous, contemptuous b..Category: Procedural Law | Date: | Hits: 179
LMJ International Ltd. India Vs. MV BK Ace and others, 2010, 39 CLC (HCD)
.... the ground that the plaintiff imported 28,500 MT of Bulgarian wheat from the defendant No.5 Messrs Sovarex SA for onwards supply to the Director General, Ministry of Food & Disaster Management Government of People's Republic of Bangladesh, under a contract No.DGOF/DOP/EP/Wheat-35 (Quotation)/......dur Rahman J.- In pursuance of the direction given by this Court to the defendant to satisfy this Court that the principal defendant opposite parties are not under obligation to furnish security in order to protect the interest of the plaintiff or to furnish the security, the defendant No.1, the v..Category: Admiralty Law or Maritime Law | Date: | Hits: 490
Abdul Karim Vs. Land Acquisition Officer, Comilla and others, 2006, 35 CLC (HCD)
....bahi Officer (TNO), gave their proposal to acquire the land in question to protect the Upazila Parishad Bhaban and administrative sanction was also given for the said purpose by the Ministry of Local Government Rural Development and Co-operatives but the notice under section 3 of the Acquisition and......ul Karim …………….pititioner Vs. Land Acquisition Officer, Comilla and others……………Respondents Judgment March 16, 2006. Result: The Rule is made absolute without any order as to costs. The Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ordinan..Category: Property Law | Date: | Hits: 85
Kartick Chandra Das and another Vs. State, 2012, 41 CLC (HCD)
....a, alleging, inter alia, that the accused named Zahangir Alam, ex-Chairman of the said Paurashava by misusing his power refrained from depositing Tk. 5,38,549 that is 5% of total lease money to the Government exchequer on account of land revenue collected from Dhap Sultangonj hat for the years 141......7 (Ka)/109 of the Penal Code read with section 5(2) of the Prevention of Corruption Act 1947, now pending in the Court of Special Judge, Bogra should not be quashed and /or pass such other or further order or Orders as to this Court may seem fit and proper. 2. Facts leading to issuance of the Rul..Category: Procedural Law | Date: | Hits: 86
Abu Taher Chowdhury and others Vs. Showkat Ali and others, 2012, 41 CLC (HCD)
....held: "lease in the present case is hit by sub-section (2) of section 75A, which says that if any land is given in sub-lease in contravention of the provision, the land shall be forfeited to the Government under sub-section (2) of section 75A which come in to force on 22-9-1956 by Act IV of 195......ovision of law the suit is not maintainable. 16. Considering the facts and circumstances of the case I find no merit in the Rule. 17. In the result, the Rule is discharged however without any order as to cost. The impugned Judgment and decree dated 2-11-1986 passed by the Subordinate Judge, ..Category: Administrative Law | Date: | Hits: 175
Government of Bangladesh Vs. Abdul Malek, 2007, 36 CLC (HCD)
....d. This Case is also Reported in: 61 DLR (HCD) (2009) 635. ......ther suit for permanent injunction being No.110 of 1975 impleading the defendant-petitioners and also obtained ex parte decree. The defendants filed Title Suit No.151 of 1975 for declaration that the order passed in Miscellaneous Case No. 21 of 1973 is illegal and void and the suit was also decreed ..Category: Procedural Law | Date: | Hits: 83
Durga Prasad Singh Hajari Vs. Commissioner of Taxes, Taxes Zone 3, Chittagong, 2007, 36 CLC (HCD)
....lated in the negative and in favor of the assessed and against the revenue. No cost. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 723; 13 MLR (HCD) (2008) 397. ......nces). Reference Application No. 77 of 2001 with Reference Application Nos. 156, 157, 158 and 159 of 2007. Judgment Md. Abdur Rashid J. - The above references were presented against a common order dated 20-9-2000 passed by the Taxes Appellate Tribunal, Chittagong Bench at Chittagong in dism..Category: Fiscal/Taxation Law | Date: | Hits: 138
Nasrin Jahan (Parul) and others Vs. Khabir Ahmed and others, 2008, 37 CLC (HCD)
....y attain majority from the defendant No.1 at the rate of Taka 1500 (fifteen hundred) per month. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 697. ......lt of co-habitation with Aminul Islam. Defendant No. 1 is therefore, not bound to give maintenance to the plaintiffs. 4. The Family Court on consideration of the evidence on record by judgment and order dated 3rd March, 2005 decreed the suit and directed the defendant No.1 to pay Taka 2,81,200 to..Category: Family Law | Date: | Hits: 114
Sree Sree Ananta Dev Chakra Bigrah & others Vs. Bangladesh & others, 1983, 12 CLC (HCD)
....engal State Acquisition and Tenancy Act. 2. Facts of the case, in short, are that the plaintiffs, who are the deites installed by the fore-fathers of the sebaities, instituted the suit against the Government and others for a declaration as follows: (a) declaring that the auction sale of the Ba...... S.C. Das - For the Appellants. J.R. Syed Modassir Hossain - For the State. First Miscellaneous Appeal No.77 of 1969. Judgment Sultan Hossain Khan J.- This appeal arises out of an order passed by the learned Subordinate Judge, Noakhali rejecting an application for temporary injun..Category: Property Law | Date: | Hits: 74
Ocean Accessories Limited and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....y submits that he will not press for refund of the amount in question since it has been already paid up as mentioned in the petition. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 441. ......venue, represented by its Chairman, Rajashwa Bhaban, Segunbagicha, Dhaka-1000 and others……..Respondent Judgment March 8, 2010. Result: The Rule is made absolute-in-part. When an order passed by some authority suffers from an illegality which is apparent on the face of the recor..Category: Fiscal/Taxation Law | Date: | Hits: 174
Salam Mollick (Md.) Vs. State, 1996, 25 CLC (HCD)
.... the Rule is discharged with the observation made above and the order of stay the stands vacated. Send down the LC records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 329. ...... in view of this, the Magistrate may considerany prayer on their part for appearance in the Court through a Lawyer. 6. In the result, the Rule is discharged with the observation made above and the order of stay the stands vacated. Send down the LC records at once. Ed. This Case is also R..Category: Procedural Law | Date: | Hits: 120
Nurul Hoque Vs. Bazal Ahmed and 3 others, 1995, 24 CLC (HCD)
....f the Code and then to proceed in accordance with law. Communicate the order to the Courts below and send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 327. ......port that means that the accused has been discharged from custody under section 500 of the Code and not discharged from the case. The legal position is that a second prosecution is permissible if the order of discharge was not passed on merits. If cognizance is taken on the basis of a fresh complain..Category: Criminal Law | Date: | Hits: 138
Razia Khanam Vs. Md. Shamuzzoha Khan & Others, 2007, 36 CLC (HCD)
....ed Judgment and decree and as well as to the Judgment of the trial Court and formulated the following branches of arguments:- (i) Mr. Faruque referred to the section 2 (a) of the Regulation of Non-Government Collage and submitted that the appointing authority of a principal is the Governing body ......im but she did not take any steps. It was the further case of the defendants that the plaintiff was directed to submit the account of the college fund before the Governing body but she disobeyed that order. The Managing Committee took a decision for upgrading the college as a degree college and dire..Category: Employment/Service Law | Date: | Hits: 118
Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)
....ntary affidavit dated 04.02.08, it is stated that the Assistant Commissioner of Customs, Customs House (import), Chittagong vide letter dated 29.11.07 confirmed that all payments were received by the Government relating to import of the said vehicle and nothing was due from the petitioner against th......ated goods under section 181(1) of the Customs act, 1969 and taka 6,00,000.00 as PS1 penalty under section 156(1), 11(a) of the Customs Act along with 1% service charge. 6. After such adjudication order, respondent No.3, the Principal Appraiser demanded said duty and penalty amounting to taka 1,4..Category: Fiscal/Taxation Law | Date: | Hits: 246
Kamrul Mia and others Vs. State, 2007, 36 CLC (HCD)
....d, Ayub Khan, with his cousin's husband, Babul was returning home, was done to death by the accused petitioners. This case, after investigation, was sent for trial and thereafter, as per order of the Government, the trial was shifted to the Court of Druta Bichar Tribunal. When the trial was continue......mant, deceased, Ayub Khan, with his cousin's husband, Babul was returning home, was done to death by the accused petitioners. This case, after investigation, was sent for trial and thereafter, as per order of the Government, the trial was shifted to the Court of Druta Bichar Tribunal. When the trial..Category: Procedural Law | Date: | Hits: 84
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