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Hyundai Corporation Vs. Deputy Commissioner of Taxes, Dhaka and another, 1999, 18 CLC (HCD)

....able it to participate in the international tenders and to keep nexus between the two countries so that the business activities of the petitioner be quick and speedy. The work permit was renewed from time to time. It is also the case of the petitioner that subsequent to setting up of the liaison off......n is not assessable in Bangladesh for the reasons as aforesaid the order of attachment is found to be illegal and without jurisdiction. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 333...

Category: Fiscal/Taxation Law | Date: | Hits: 254

Abdul Quayuam Khan Vs. Abu Yusuf Mridha, 1997, 26 CLC (HCD)

....ying usual presumption of its validity. In support of the execution of the aforesaid Ekrarnama besides P.W.1 (plaintiff No.1) P.W.2 Md. Yaseen was also examined who deposed that he was present at the time of execution of the aforesaid Ekrarnama. There is nothing in the cross-examination of this witn......e date of such information the period of payment of the amount in question should be calculated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 386. ..

Category: Procedural Law | Date: | Hits: 129

Delicia Dairy Food Ltd. Vs. Collector of Customs and others, 1998, 17 CLC (HCD)

....r’s prayer for renewal of the licence of the Bonded ware-house would be considered. It was also stated in the said letter that in case of petitioner’s failure to deposit the claimed amount within time specified punitive action would be taken against him. The petitioner filed an appeal against th......should be discharged on the said ground. In view of the discussion made above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 381...

Category: Fiscal/Taxation Law | Date: | Hits: 189

State Vs. Shahidul Alam Chowdhury and two others, 1999, 18 CLC (HCD)

....er filed applications tendering unqualified apology but in the said applications they tried to justify their action. When the matter came up for hearing learned Advocate for the contemners prayed for time to file fresh affidavits tendering unqualified and unconditional apology. Today contemners file......al apology tendered by the contemners are accepted and they are let off with the above warning. The Rule is disposed of accordingly. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 380...

Category: Criminal Law | Date: | Hits: 87

Assistant Custodian, Vested Property Vs. Jugal Chandra Shaha & others, 1988, 27 CLC (HCD)

....ort of the Rule has contended that since the suit was dismissed for default on 18.6.84 and the application under Order 9, rule 9 C.P.C. was filed on 4.8.84 the application was barred by limitation as time for filing such an appli­cation by a plaintiff for an order to set aside a dis­missal for def......First Court, Patuakhali for disposal of the Miscellaneous Case in ac­cordance with law and in the light of the observation made above. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 473...

Category: Limitation Law | Date: | Hits: 275

Sourja Bala Devi Vs. Habibullah Sheikh, 1989, 18 CLC (HCD)

.... the Bengal Tenancy Act, 1885 was repealed by the State Acqui­sition and Tenancy Act, 1951 and as such the remedy available under the repealed Act was not available to the petitioner at the relevant time and that though the application was also under Order 21, Rule 19 of the C.P.C. read with Sectio......rovision of Order 41 Rule 27 of the Code of Civil Procedure. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 463...

Category: Property Law | Date: | Hits: 106

Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)

.... born 15-1- 1945 and was a good student, passed SSC examination in 1960 and thereafter, on completion of his education career from Dhaka University, joined Daily Songbad as news editor and in a short time he earned reputation. Deceased Mozammel Hossain Montu was not only a journalist but was a drama......ucation as education makes a man a bit responsible. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 483. ..

Category: Civil Law | Date: | Hits: 339

Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)

....ears from the record that in course of appeal the defendant was negotiating with the bank and the purchaser to sell the auction property and the defendant will pay up the entire decreetal amount at a time to the bank and he will also pay to the auction purchaser the amount together with interest. Th......erest within 30 days from the date of receipt of this order. Sent down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 474. ..

Category: Civil Law | Date: | Hits: 156

Trading Corporation of Bangladesh Vs. Commissioner, Customs, Excise and VAT Commissionarate and others, 2010, 39 CLC (HCD)

....hy the refusal of the respondents in refunding the money amounting to Taka 43,81,416 which was 5% of the demand No.2/2002 dated 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 Ta......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...

Category: Fiscal/Taxation Law | Date: | Hits: 323

Bangladesh Environment Lawyers Association (BELA) Vs. Bangladesh, 2010, 39 CLC (HCD)

....d Jamalganj upazilas of the district of Sunamaganj. Copies of description of the River and the mouza map showing the flow of its are annexed to the writ petition and marked as Annexure A series. From time immemorial, lives of the people of Sunamganj have been very closely linked to the River and its......he injunction order granted earlier by this Court stands vacated. Communicate this Judgment and order to the respondents accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 463. ..

Category: Environmental Law | Date: | Hits: 1019

Majeda Khatun @ Majeda Rahman Vs. State, 1988, 17 CLC (HCD)

....ed to have made statements be­fore a Magistrate under section 164 of the Code, of Criminal Procedure in which all of them excepting Kohinoor admitted their guilt. It may be mentioned that after some time the accused persons filed a peti­tion on 12.9.87 retracting from their confession in which, of......l be free to cancel the bail of the petitioner in case of any viola­tion of the privilege of bail granted hereby to her by this Court. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 76. ..

Category: Criminal Law | Date: | Hits: 105

Gura Miah and others Vs. Fazar Ali and others, 1988, 17 CLC (HCD)

....ury J. (as his Lordship was then) held as follows: "The use of the word "exists" in the present tense in sub-section (5) of section 145 connotes that the dispute must continue to exist even at the time when the objection is raised. The main purpose of this section being the maintenance of public ......me and the proceeding under section 145 of the Code of Criminal Procedure is hereby dropped. In the result the Rule is made absolute. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 70...

Category: Criminal Law | Date: | Hits: 126

Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)

....analogous to that of the Corporations which were under consideration in Sukhdev Singh's case (ibid). The ratio of Sukhdev Singh's case, therefore, squarely applies to the present case. Even if at the time of the dismissal the statutory regulations had not been framed or had not come into force, then......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. ..

Category: Employment/Service Law | Date: | Hits: 175

Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)

....under the proviso to sub-section (7A) of section 167 Cr.P.C. for reviving this Ses­sions triable case which reads as follows: "Provided that the Government may, by or­der, revive the case at any time if the case is triable exclusively by Court of Sessions". 3. The facts of the case are that ......t say that the confession is to amount to proof. Clearly there must be other evidence. The confession is only an element in the consideration of all the facts proved in the case; it can be put in the scale and weighed with the other evidence." The same view was taken in the case of Lutfun Nahar Be­..

Category: Criminal Law | Date: | Hits: 127

State Vs. Jahaur Ali & Others, 1987, 16 CLC (HCD)

....over that matter there was some conversation between parties and at one stage of the conversation Saburuddin expressed unwilling­ness to return the money and that led to an alterca­tion. In the meantime accused Jahur Ali's sister Asia Khatun and mother Sabiran came to the place with two Bakis (a s......rejected and case is sent back on remand to trial Court for holding the trial of the case in the light of the observations made above. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 94. ..

Category: Criminal Law | Date: | Hits: 107

Md. Nasir Vs. State, 1989, 18 CLC (HCD)

....id not state in his evidence anything implicating appellant with the murder of his father. It is further contended by the learned counsel for the appellant that appel­lant was 11/12 years old at the time of occurrence and in view of the age of the appellant it is highly improbable that injuries as ......t a copy of the judgment be served on the learned Deputy Attorney-General, Comilla for infor­mation and taking necessary action, if any. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 89...

Category: Criminal Law | Date: | Hits: 117

Muktar Hussain Khan Vs. Suresh Chandra Dey & Others, 1989, 18 CLC (HCD)

....amount was not paid, he refused to execute and register the sale deed. 3. Defendant No.1 filed written statement in the suit for Specific Performance but thereafter he was not found present at the time of hearing of the suit. Defendant No.2 is the Government of Bangla­desh which did not file any...... 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)

.... Thereafter, ASI Md. Ainul Hoque along with some other constables went to the house of Shahjahan Mizi at village Uttar Ganda Mara and found the dead body of Rina Begum at his dwelling hut and at that time nobody was present in the place of occurrence house including the accused Shahjahan Mizi. Then ......dismissed and the order of conviction and sentence is hereby upheld. Send down the LC records with a copy of the judgment at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 224. ..

Category: Procedural Law | Date: | Hits: 118

Conforce Limited Vs. Titas Gas Transmission and Distribution Co. Limited & another, 1989, 18 CLC (HCD)

.... the ocean within the territorial waters, or the ocean over the continental shelf, of Bangladesh; and (c) any property located in Bangladesh that has no rightful owner. (2) Parliament may from time to time by law provide for the determination of the boundaries of the territory of Bangladesh a....... In the result, the Rule is discharged without any order as to costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 33. ..

Category: Others | Date: | Hits: 227

Abdul Sattar & another Vs. Osimuddin & others, 1988, 17 CLC (HCD)

....dency of the pre-emption case. He re­lies on a decision in the case of Hajera Bibi Petition­er Vs. Noor Jahan Begum & others, Respondents, 35 DLR (HC) 238, wherein his Lordship held, "If at any time after an application for pre-emption has been made, the property is again transferred, such sub......deposited by the petitioner Tasimuddin in this pre-emption case. In the result the Rule is discharged. I make no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 24. ..

Category: Property Law | Date: | Hits: 100