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Shuinya @ Suruj Ali Vs. State, 2000, 29 CLC (HCD)
.... our above discussion, we find no reason to interfere with the impugned judgment and order. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 527. ......d in section 4 of the Arms Act and, as such, keeping those in possession by a person cannot be an offence under section 19(f) of the Arms Act. 3. Next, he has argued that there was no search under provisions of sections 25 and 30 of the Arms Act and, as such, alleged recovery was not in accordanc..Category: Criminal Law | Date: | Hits: 40
Bengal Ceramic Industries Ltd. Vs. Chairman, Petro Bangla & others, 1984, 13 CLC (HCD)
....Civil Rule No. 205 (fm) of 1984. Judgment Ranadhir Sen J.- This appeal is directed against the order dated 11-4-84 of the learned Subordinate Judge refusing a prayer for temporary injunction in mandatory form. 2. The plaintiff filed the suit for declaration that the action of the defendants......ule [Civil Rule No.205 (FM) of 1984] which has been heard along with the appeal, is also made absolute without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 516. ..Category: Others | Date: | Hits: 132
Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)
....27 of 1992, 28 of 1992, 29 of 1992, 30 of 1992, 32 of 1992, 31 of 1992, 34 of 1992, 35 of 1992. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 509. ......gladesh Sugar and Food Industries Corporation, Bangladesh Chemical Industries Corporation are in dispute. According to the Revenue Department, the Corporations brought into existence by virtue of the provisions of Presidents Order No.27 of 1972 though creatures of the statute yet they are not local ..Category: Fiscal/Taxation Law | Date: | Hits: 86
Shahid Mia and anothers Vs. State, 1998, 27 CLC (HCD)
....esent case as noted above we find that the said principle is not applicable to the appellants. In the result, the application is rejected. Ed. This Case is also Reported in: 51 DLR (1999) 207.......es were examined and several dates passed but prosecution could not produce the remaining witnesses. In such circumstance question is, whether the appellant petitioners are entitled to bail under the provisions of sub-section (4) of section 339C of the Code which provides that if trial could not be ..Category: Criminal Law | Date: | Hits: 35
Zahur Ahmed Vs. Commissioner of Customs and other, 1999, 28 CLC (HCD)
....ainst the impugned order. We therefore, find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 206. ...... February 3, 1999. Result: The Rule is discharged. Writ petition is not maintainable when there is alternative forum for seeking remedy by way of appeal. Mere allegation of violation of the provisions of law cannot give rise to any cause of action for filing a writ petition when there is f..Category: Fiscal/Taxation Law | Date: | Hits: 84
Sohail Thakur and others Vs. State, 1998, 27 CLC (HCD)
....rar is directed to send copy of this judgment to the Sessions Judges for their future guidance and compliance with the directions made above. Ed. This Case is also Reported in: 51 DLR (1999) 199.......d members of an unlawful assembly rod in furtherance of their common object of trespassing into the disputed house causing death to the victim by firearm shot, they are not entitled to bail under the provisions of section 497 of the Code of Criminal Procedure as the said offence is punishable with d..Category: Criminal Law | Date: | Hits: 33
Dil Mohammad Vs. Jamir Hossain and others, 2004, 33 CLC (HCD)
....aintiff is allowed to withdraw the appeal with permission to sue afresh on the subject matter as prayed-for. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 88....... statement while defendant Nos. 2 and 3 jointly supported the plaintiff on allotment. 7. Defendant No. I claimed that the suit as framed in the form and manner was not maintainable and also hit by provisions of Specific Relief Act. Defendant No. 1 was not evictable from the suit property. 8. H..Category: Property Law | Date: | Hits: 83
Birla Tyres & another Vs. Sonali Anash Trading (Pvt) Ltd. and others, 2004, 33 CLC (HCD)
....l sole distributor and sole importer of Birla Tyres for whole of Bangladesh and also for perpetual injunction for restraining the defendants amongst others appointing new distributor and importer and mandatory injunction directing the proforma defendants, the National Board of Revenue and the Custom......ty which forms the subject-matter of the agency, the agency, cannot in the absence of an express contract, be terminated to the prejudice of such interest." (Underlined by us). 18. Under the above provisions, the interest to be protected must be of a personal nature and in the property which form..Category: Civil Law | Date: | Hits: 148
Atar Ali Sheikh (Md) & another Vs. Md Karam Ali Sheikh & others, 2003, 32 CLC (HCD)
....Mr. Mujibor Rahman Miah, the learned Advocate for the petitioners, submits that the impugned judgment of reversal is not a proper judgment of reversal as the appellate Court failed to comply with the mandatory requirements of Order XLI, rule 31 of the Code of Civil Procedure. 4. Secondly, he subm......et aside and those of the trial Court are restored. Partition as affected by the Advocate Commissioner is made final. Send down the LCR. Ed. This Case is also Reported in: 58 DLR (2006) 81. ..Category: Property Law | Date: | Hits: 70
Syed Abdul Alim alias Lalu Vs. DC, Dhaka and others, 2005, 34 CLC (HCD)
....f cognisance stating that the Special Martial Law Court No. 1 tried and convicted the petitioner finding him guilty of murder of Ripon without taking any cognisance of the offence in violation of the mandatory requirement under clause (2) of Regulation 2 of the Martial Law Regulation 1 of 1982. We h......osts. The petitioner (condemned prisoner) be set at liberty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ..Category: Criminal Law | Date: | Hits: 52
Sultan Uddin Ahmed Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....l machineries and to release the same within 7 days from the date of receipt of this judgment. However, there shall be no order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 31. ......tal machineries may be imported under commercial basis with commercial object. The learned Deputy Attorney-General could not show anything to substantiate that apart from the impugned order these two provisions of the Import Policy Order, 2003-2006 have been reviewed by the Government and changed un..Category: Business or Commercial Law | Date: | Hits: 234
World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....us, the provision is made in the public interest and so the word "shall" used in making the provision is intended to make the provision itself obligatory and not directory. Failure to comply with the mandatory provisions of section 175(3) of the Government of India Act, 1935 makes the contract inval......ot maintainable for nonexhaustion of efficacious remedy of arbitration. The petitioner obtained the exclusivity clause fraudulently. The Licence Agreement is unenforceable for non-compliance with the provisions of Article 145 of the Constitution of Bangladesh. 7. The exclusivity clause is inconsi..Category: Information Technology Law | Date: | Hits: 321
Category: Fiscal/Taxation Law | Date: | Hits: 81
Commissioner of Taxes Vs. Kushtia Sugar Mills Ltd., 2000, 29 CLC (HCD)
..... Accordingly, we answer the questions in the affirmative and against the revenue applicant. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 504.......rder of the DCT respect of disallowances of an amount 9,99,541 paid as bonus to its employees. 2. The assessee company is a incorporated under the Companies Act and is a nationalised one under the provisions of President’s Order 27 of 1972. The assessee submitted its return showing a total loss..Category: Fiscal/Taxation Law | Date: | Hits: 104
Category: Procedural Law | Date: | Hits: 106
Annada Prosad Das Vs. DC, Khulna and others, 2001, 30 CLC (HCD)
....ppeal is allowed, the judgments and decrees of the Courts below are set aside and the suit is decreed in full. No order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 496.......ant still holds the citizenship of Bangladesh or it was ceased or he is no more a Bangladeshi Citizen. 8. Mr. SS Halder, the learned Counsel for the appellant submits that in view of the different provisions of law and decisions given by the High Court Division and the Appellate Division and also..Category: Immigration and Citizenship Law | Date: | Hits: 190
Anindra Bhusan Ghose Vs. Bangladesh Government, 2001, 30 CLC (HCD)
....l. For the reasons and discussions made above, I find no merits in this appeal. In the result the appeal is dismissed. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 493.......the Exhibit 2 even to categorize the sale as a mortgage. So, the claim that the transfer was a mortgage and there was agreement to reconvey the land is not supported by the evidence on record and the provisions of section 29 of the Contract Act also makes it nugatory. 18. In this regard, section ..Category: Property Law | Date: | Hits: 85
Category: Civil Law | Date: | Hits: 89
Parul Bala @ Parul Rani Shah Mondol Vs. Suruj Miah and others, 2001, 30 CLC (HCD)
....t of the plaintiff and being satisfied that the money was deposited in the Treasury towards the demand of the certificate creditors it can be presumed that the application was filed which is also not mandatory. Exhibit 6, thus shows that the suit property which was purchased by the plaintiff was rel......oceedings of OD case No.21 of 1955-56, the provision of section 37 of the PDR Act does not or civil suit and the party affected by auction sale can take shelter of the Civil Court under the aforesaid provisions of law specially under section 9 of the Civil Procedure Code which is supported by sectio..Category: Property Law | Date: | Hits: 83
Nizam Hazari Vs. State, 2001, 30 CLC (HCD)
....bunal committed gross illegality in examining prosecution witnesses in the absence of convict-appellant describing him as absconder. Recording of reasons for trial in the absence of accused person is mandatory under sub-section 6(a) of section 27 of the Special Powers Act, 1974 and Tribunal did not ......cision that through testimonies of prosecution witnesses who were present at the time and place of occurrence prosecution cases stood proved beyond shadow of doubt. Special Tribunal took into account provisions contained in sections 5, 7, 13 and 14 and, also section 19(a) and 19(t) of The Arms Act. ..Category: Criminal Law | Date: | Hits: 58