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Oram Limited Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka, 2000, 29 CLC (HCD)
....28,688.00 for the period from August, 1995 to May, 1997 are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 53 DLR (2001) 373. ...... thus refixed by him from August 1995 on the alleged basis of the price approved in August 1995 for ARS and Cock brand Mosquito Coil of the other manufacturer of Gazipur area in purported exercise of power under Rule 3(2) of the VAT Rules 1991. The respondent No.3 again issued another letter under R...... High Court Division (Special Original Jurisdiction) Present: Md. Fazlul Karim J Md. Abdul Wahhab Miah J Oram Limited………………….Petitioner Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka………Respondents Judgment December 4, 2000. ......28,688.00 for the period from August, 1995 to May, 1997 are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 53 DLR (2001) 373. ..Category: Fiscal/Taxation Law | Date: | Hits: 91
Abdur Rahman and others Vs. Md Shamsul Huq and others, 2000, 29 CLC (HCD)
....ept on emergent ground. The office is directed to send a copy of the order at once to the Court of the learned District Judge, Mymensingh. Ed. This Case is also Reported in: 53 DLR (2001) 364.......roper relief under proper provision of law. Miscellaneous case is not a proceeding of original nature. But this is yet a proceeding and section 153 of the Code of Civil Procedure provides the general power to amend any defect or error in any proceeding in a suit for the purpose of determining the re......e Petitioners. Md. Mahbub Ali, Advocate—For the Opposite Parties. Civil Revision No. 2271 of 2000. Judgment Bijan Kumar Das J.- This Rule was issued calling upon the opposite party No.1 to show cause as to why the impugned order dated 4-5-2000 passed by the District Judge, Mymensingh i......ept on emergent ground. The office is directed to send a copy of the order at once to the Court of the learned District Judge, Mymensingh. Ed. This Case is also Reported in: 53 DLR (2001) 364...Category: Procedural Law | Date: | Hits: 86
Md. Tariqul Islam Vs. State, 2009, 38 CLC (AD)
....r arrived at a correct decision which does not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 626.......plication under Section 561A of the Code. He finally submits that the Tribunal convicted the petitioner without any legal evidence but the High Court Division failed to appreciate that the inherent power under Section 561A of the Code can be invoked to prevent the abuse of the process of the Court......9. Lawyers Involved: Md. Khurshid Alam Khan, Advocate, instructed by Md. Zahirul Islam, Advocate-On-Record-For the Petitioner. Not Represented- the Respondent. Criminal Petition for Leave to Apple No.238 of 2009. (From the judgment and order dated 28.04.2009 passed by the High Court D......r arrived at a correct decision which does not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 626...Category: Criminal Law | Date: | Hits: 56
Government of Bangladesh Vs. Md. Atiar Rahman Khan and others, 2010, 39 CLC (AD)
.... is condoned. Preparation of the paper book is dispensed with as prayed for. The petitioner is permitted to add additional ground. Ed. This Case is also Reported in: VII ADC (2010) 587....... is condoned. Preparation of the paper book is dispensed with as prayed for. The petitioner is permitted to add additional ground. Ed. This Case is also Reported in: VII ADC (2010) 587.......ent of Bangladesh………………......Petitioner Vs. Md. Atiar Rahman Khan and others..............Respondents Order January 10, 2010. Lawyers Involved: Murad Reza, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record- For the Petitioner. Abul Kalam Moin...... is condoned. Preparation of the paper book is dispensed with as prayed for. The petitioner is permitted to add additional ground. Ed. This Case is also Reported in: VII ADC (2010) 587...Category: Limitation Law | Date: | Hits: 149
Azizur Rahman Khan and others Vs. Md. Aynul Miah and others, 2010, 39 CLC (AD)
....r of stay granted earlier by this Court shall continue till disposal of the appeal. Let the appeal be made ready for expeditious hearing. Ed. This Case is also Reported in: VII ADC (2010) 545.......f of the petitioners, submits inter-alia that the suit property is an abandoned property and it was published in Bangladesh Gazette in 'Ka' list of the abandoned properties in 1986, that besides, the power of attorney by which the plaintiff claims the suit-property does not even include the suit pro......ted by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioners A.K.M. Shahidul Huq, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-3. Civil Petition for Leave to Appeal No.1521 of 2009. (From the Judgment and order dated 28.05.2009 passed by the High Court......r of stay granted earlier by this Court shall continue till disposal of the appeal. Let the appeal be made ready for expeditious hearing. Ed. This Case is also Reported in: VII ADC (2010) 545...Category: Property Law | Date: | Hits: 21
Md. Abid Khan and others Vs. Government of Bangladesh and others, 2003, 32 CLC (HCD)
....squalified under provisions of section 7(1)(b)(c) and (d) of the Electoral Rolls Ordinance, 1982. Md. Hamidul Haque J.- I agree. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 318. ......all not be such a citizen by virtue of this section if at the time of his birth- (a) his father possesses such immunity from suit and legal process as it accorded to an envoy of external sovereign power accredited in Bangladesh and is not a citizen of Bangladesh; or (b) his father is an enemy......and others ..........…Petitioners Vs. The Government of Bangladesh and others ...........…Respondents Judgment May 5, 2003. Result: The Rule is made absolute. Cases Referred to- Mukter Ahmed Vs. Government of Bangladesh and others, 34 DLR 29; Abdul Khaleque Vs. The Court......squalified under provisions of section 7(1)(b)(c) and (d) of the Electoral Rolls Ordinance, 1982. Md. Hamidul Haque J.- I agree. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 318. ..Category: Election Law | Date: | Hits: 94
State Vs. Zakaria Pintu alias Md. Zakaria Pintu and others, 2010, 39 CLC (AD)
....s dated 20.04.2010, praying for vacating the order of stay, granted earlier by this Division, stands rejected. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 420, 31 BLD (AD) (2011) 20. ...... give a blind eye to this naked truth of the present day situation. 19. In the present case, the learned Judges ought to have remembered that anticipatory bail is an extra-ordinary relief and this power should be exercised sparingly, only in an extraordinary and exceptional circumstances, not oth......J The State. .......... Petitioner. Vs. Zakaria Pintu alias Md. Zakaria Pintu and others. ...... Respondents. Judgment June 6, 2010. Lawyers Involved: Ekramul Haque, Assistant Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioner. Abdul Ma......s dated 20.04.2010, praying for vacating the order of stay, granted earlier by this Division, stands rejected. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 420, 31 BLD (AD) (2011) 20. ..Category: Criminal Law | Date: | Hits: 68
Ali Akbar Vs. Farijuddin and another, 2000, 29 CLC (HCD)
....f issuance of the Rule and, thereafter, extended from time to time and lastly, extended till disposal of the Rule stand vacated. No costs. Ed. This Case is also Reported in: 53 DLR (2001) 284.......uarely an appealable order under Order 43, rule 1(d) of the Code. Law is well settled that in the event of any remedy available in the Code itself no other remedy can be availed of. Even the inherent power under section 151 of the Code cannot be, also, invoked where the result would be nullification......Opposite Parties. Civil Revision No. 6285 of 1991 (Dhaka). Civil Revision No. 189 of 1987 (Comilla). Judgment AK Badrul Huq J.- The fate of this Civil Revision Petition hinges on answer to the following core question, whether a Miscellaneous Case under Order 9, rule 13 of the Code of C......f issuance of the Rule and, thereafter, extended from time to time and lastly, extended till disposal of the Rule stand vacated. No costs. Ed. This Case is also Reported in: 53 DLR (2001) 284...Category: Procedural Law | Date: | Hits: 83
.... Suit No. 22 of 1987 within three months from the date of receipt of this order.
Communicate the order to the learned Court below at once.
Ed.
This Case is also Reported in: 53 DLR (2001) 280.......llegality in allowing amendment to the plaint as it does not change the nature and character of the suit and, as such, the impugned order calls for no interference by this Court exercising revisional power under section 115 of the Code of Civil Procedure.
11. The learned Advocate for the defendan......der Maqbul Huq J
Gold Topps Co. Hong Kong and others………………… Petitioner
Vs.
Trading Corporation of Bangladesh and Another…………………Opposite Party
Judgment
October 30, 2000.
Cases Referred To-
Delwar Hossain Vs. Mvi Abdul Jalil Chowdhury and others, 22...... Suit No. 22 of 1987 within three months from the date of receipt of this order.
Communicate the order to the learned Court below at once.
Ed.
This Case is also Reported in: 53 DLR (2001) 280...
Category: Civil Law | Date: | Hits: 91
Khandakar (Md.) Shahjahan Vs. Md. Atiar Rahman Monshi & others, 2000, 29 CLC (HCD)
....act circumstances of the case I direct the parties to bear their respective costs. Lower Court’s record be sent immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 275.......er section 27 of the Ordinance of 1983, Government appoints a Judicial officer to be an Election Tribunal and an Assistant Judge is appointed as Election Tribunal. 24. Under section 24 of the Code power of transfer had been conferred upon ‘District Judge and thus, learned ‘District Judge’ g......sional Jurisdiction) Present: AK Badrul Huq J Khandakar (Md.) Shahjahan……………Petitioner Vs. Md. Atiar Rahman Monshi & others…………Opposite Parties Judgment October 22, 2000. Cases Referred To- Muhammad Zulfikar Vs. Abul Kalam Chowdhury and others, 42 D......act circumstances of the case I direct the parties to bear their respective costs. Lower Court’s record be sent immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 275...Category: Election Law | Date: | Hits: 89
Dinesh Chandra Deb Vs. Dulal Chandra Karmakar and others, 2001, 30 CLC (HCD)
.... vacated. Let a copy of the judgment be communicated to the learned Senior Assistant Judge concerned. Send down the LC record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 259....... vacated. Let a copy of the judgment be communicated to the learned Senior Assistant Judge concerned. Send down the LC record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 259.......intiff’s Case in short, is that his maternal grandmother, Niroda Sundari, had been the owner of 0.26 acre of land of plot No. 30 measuring an area of 0.80 acre of land. She gifted 0.14 acre of land to the plaintiff by the registered deed of gift dated 12-9-1970 and thereafter died, leaving behind ...... vacated. Let a copy of the judgment be communicated to the learned Senior Assistant Judge concerned. Send down the LC record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 259...Category: Procedural Law | Date: | Hits: 85
Star Medical Store Vs. Subordinate Judge, Artha Rin Adalat and other, 2001, 30 CLC (HCD)
....ার ক্ষেত্রে এই আইন প্রযোজ্য হইবে।” 3. It can not be denied that the suit was for realisation of loan money received from the Bank being a financial institution by the present petitioner who was defendant in that suit. It is admitted by Mr......ears by this time. For the reasons and discussions made above, this writ petition does not merit and accordingly it is rejected summarily. Ed. This Case is also Reported in: 53 DLR (2001) 254....... is also Reported in: 53 DLR (2001) 254.......ears by this time. For the reasons and discussions made above, this writ petition does not merit and accordingly it is rejected summarily. Ed. This Case is also Reported in: 53 DLR (2001) 254...Category: Civil Law | Date: | Hits: 93
Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....e Rules are discharged without any order as to costs. The order of stay granted by this court earlier the above Rules, are hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 237.......strar area of the Writ Petitioner without any opportunity of being heard. 25. The Rule has been contested by the respondent No.4 denying the allegation stating, inter alia, that the authority is empowered to alter, curtail or extend the limit of area and, as such, curtailment has not violated any......16, 3822, 3313 of 1998, 124 of 1999, 3965, 2515, 2925, 3423, 3823, 3312, 3214, 3326, 3622 of 1998, 4946 of 1997 & 3029 of 1998). Obaidur Rahman Mostafa with Md. Moshfiqur Rahman Khan, Deputy Attorney-Generals- For the Respondent No. 1. (In all above Writ Petitions). Writ Petition Nos. 2419......e Rules are discharged without any order as to costs. The order of stay granted by this court earlier the above Rules, are hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 237...Category: Constitutional Law | Date: | Hits: 109
Mojibul Haque (Md) Vs. Ataur Rahman and others, 2000, 29 CLC (HCD)
.... of the suit independently. The Rule is accordingly discharged without any order as to costs. The stay order granted by this Court stands. Ed. This Case is also Reported in: 53 DLR (2001) 229.......e plaintiffs is incompetent. In deciding the prima facie case the learned Additional District Judge went to the extent of deciding the maintainability of the suit. Mr. Hassan Ariff has questioned the power of the Appellate Court in making any decision as to maintainability of the suit saying that wi......ssan Arif Advocate—For the Petitioner. Syed Ziaul Karim, Advocate—For the Opposite Parties. Civil Revision No. 274 of 2000. Judgment Md. Awlad Ali J.- This Rule arose out of interlocutory injunction order and is directed against the Judgment and order dated 25-10-1999 passed by the ...... of the suit independently. The Rule is accordingly discharged without any order as to costs. The stay order granted by this Court stands. Ed. This Case is also Reported in: 53 DLR (2001) 229...Category: Administrative Law | Date: | Hits: 146
Mariam Begum Vs. State & another, 2000, 29 CLC (HCD)
....of Criminal Procedure by the learned Sessions Judge. In the result, the Rule is discharged. The stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 226.......g the record of which has been called for by itself or which has been reported for orders, or which otherwise comes to its knowledge, the High Court Division may in its discretion exercise any of the powers conferred on a Court of Appeal by sections 423, 426, 427 and 428 or on a Court by section 338......d another 37 DLR 164. Lawyers Involved: Md. Nazrul Islam Talukder, Advocate—For the Petitioner. Md. Mozammel Huq, Advocate- For the Opposite Party No. 2. AKM Zahirul Haque Assistant Attorney- General—For the State. Criminal Revision No. 717 of 1999. Judgment Md. Abdul Azi......of Criminal Procedure by the learned Sessions Judge. In the result, the Rule is discharged. The stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 226...Category: Criminal Law | Date: | Hits: 40
....im order of injunction in mandatory form dated 29-11-2000 is hereby set aside. No order as to cost.
Communicate this order to the Court.
Ed.
This Case is also Reported in: 53 DLR (2001) 220.
......andatory injunction upon an interlocutory application. Court acts though in rare case when the facts of the case demand such action. In the case of Md. Ashid Ali, 22 DLR 694, it was so held that such power is rarely exercised and could be used only when there is an imminent grave danger to life o pr...... Reja, 47 DLR 170; Renu Begum Vs. Kazi Liakat Ali, 50 DLR (AD) 142; Abdul Barek Vs. Serajul Islam, 20 DLR 501; Abdul Jalil Vs. Abu Baker Siddique, 35 DLR (AD) 42; Barada Sundari Paul Vs. Assistant Custodian, Enemy Property and others; 15 BLD (AD) 95 in para 23; Razia Begum Vs. Shahebzadi Anwara Begu......im order of injunction in mandatory form dated 29-11-2000 is hereby set aside. No order as to cost.
Communicate this order to the Court.
Ed.
This Case is also Reported in: 53 DLR (2001) 220.
..
Category: Civil Law | Date: | Hits: 84
Pubali Bank Ltd. Vs. Abdul Jalil Bhuiyan, 2000, 29 CLC (HCD)
....rected to dispose of the execution Case with utmost expediency. Communicate the order of the court to the learned execution court at once. Ed. This Case is also Reported in: 53 DLR (2001) 217.......assing the impugned order, occasioning a grave failure of justice this Court is competent to give the deserved relief to the aggrieved party in the interest of justice in exercise of the its inherent power for preventing an abuse of the process of the Court and for securing the ends of justice. We g......f the suit the defendant paid the plaintiff Bank an amount of Taka 4,00,000.00 in respect of the claims of the Bank. Eventually the defendant opposite party did not appear before the Artha Rin Adalat to contest the suit. The suit was ultimately decreed ex-parte on 23-3-93 for an amount of Taka 9,23,......rected to dispose of the execution Case with utmost expediency. Communicate the order of the court to the learned execution court at once. Ed. This Case is also Reported in: 53 DLR (2001) 217...Category: Civil Law | Date: | Hits: 92
Dr Wakil Ahmed and ors. Vs. Sufia Khatun and ors., 2000, 29 CLC (HCD)
....of the papers from the Court. Accordingly, this Rule is discharged with the observation as above. There shall be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 214.......the trial Court compared the LTI and came to a positive finding that the LTI appearing in the sale deed dated 15-1-1964 is the LTI of the plaintiff, the appellate Court also should have exercised his power under section 73 of the Evidence Act and should not have allowed the prayer of the plaintiff a......ty No. 1 as plaintiff instituted title suit No. 28 of 1993 in the Court of First Assistant Judge, Dhaka for declaration and cancellation of deed and for permanent injunction. The suit was transferred to the Court of First Additional Assistant Judge and ultimately to the Third Court of Senior Assista......of the papers from the Court. Accordingly, this Rule is discharged with the observation as above. There shall be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 214...Category: Procedural Law | Date: | Hits: 90
....order passed by the High Court Division and thus do not find any substance in the leave petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 486.......lowed if the suit is disposed of on a preliminary point or that if the appellate Court thinks it proper it may direct the suit to be remanded to decide on what issues the suit would be tried but this power should be used sparingly. On assessment of the evidence on record we find that the parties h......
Kamal-ul-Alam, Senior Advocate, instructed by Md. Toufique Hossain, Advocate-on-Record-For Respondent Nos. 1-3, 5, 7-9.
Not represented-Respondent Nos. 4, 6, 10-26.
Civil Petition for Leave to Appeal No. 888 of 2009.
(From the judgment and decree dated 23.02.2009 passed by the High Cour......order passed by the High Court Division and thus do not find any substance in the leave petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 486...
Category: Property Law | Date: | Hits: 38
Prime Finance and Investment Limited Vs. Delwar H. Khan and others, 2009, 38 CLC (AD)
.... of a sum of TK. 29,75,850.00 (Taka twenty nine lac seventy five thousand eight hundred fifty only). On the other hand, the Company had to take huge amount of loans and credit facilities from various financial institutions, in the year 2001 for purchasing equipments and other investments. 19. T......he above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 459. ......d. Lawyers Involved: Khan Saifur Rahman, Senior Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1844 of 2008. (From the judgment and order dated the 4th day of June, 2007 passed b......he above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 459. ..Category: Company Law | Date: | Hits: 197
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