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Wadud Mollah (Md.) Vs. Md. Nayem and Another, 2013, 42 CLC (AD)
....h the above observations. Let a copy of this judgment be communicated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ......efore the Chief Judicial Magistrate but he could not enter into the court premises due to the resistance and threat given by the informant. 4. In presence of such corroborative materials on record, the High Court Division opted to exercise its extraordinary discretionary power in adm......h the above observations. Let a copy of this judgment be communicated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ..Category: Criminal Law | Date: 17 Jun, 2013 | Hits: 3
Monowara Begum Vs. Government of Bangladesh others, 2013, 42 CLC (HCD)
....granted earlier by this court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 476. ......gal, void and for further declaration that the vested property proceeding in respect of the suit land is legal and lawful. 3. The further case of the plaintiffs, in short, are that the recorded tenant of the suit land left for India and in the year 1965 the properties left by them wer......granted earlier by this court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 476. ..Category: Civil Law, Property Law | Date: 16 Jun, 2013 | Hits: 2
Moulana Development Co. Limited Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)
....t relates to the previous assessment years other than the current assessment years. However, there shall be no order as to costs. Mohammad Ullah J. - I agree. This Case is also Reported in: ......ction 117A in the case of concluded assessment relating to the assessment year 2009-2010 and 2010-2011. 5. This court has heard the learned Advocates on both the sides and perused the materials on record. 6. It has been further asserted that the petitioner being liable to deduct the Advance In......sment year up back up to 2008. 3. Challenging the legality of the said impugned letter the assessee-writ-petitioner preferred the instant writ petition and obtained the rule. 4. Pursuant to the service of notice, the learned Deputy Attorney General Mr. S. Rashed Jahangir along with the learned..Category: Fiscal/Taxation Law | Date: 12 Jun, 2013 | Hits: 86
Golam Rasul Belal Vs. Habibullah Shakir and another, 2013, 42 CLC (AD)
....t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58. ...... the learned Advocates for both the parties and perused the impugned judgment and order of the High Court Division, leave granting order, concise statements and also other materials available on record. 12. In the instant case the moot question before us is whether due service of notice up......d reasons. when the complainant stated that he had served a legal notice within 15 days from the date of the receipt of information of the return of the cheque, non-discloser of the date of service of notice in the complaint petition cannot be a ground for quashing the proceeding…&h..Category: Criminal Law | Date: 11 Jun, 2013 | Hits: 10
Sahab Uddin (Md.) Vs. State and another, 2013, 42 CLC (HCD)
....ce during the trial. In view of the above, we find no merits in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 86. ......e accused under section 138 of the Act, 1881. The accused petitioner appeared before the concerned Magistrate with the prayer for bail and he was enlarged on bail. The case being ready for trial, the records were transmitted to the Metropolitan Sessions Judge, Chittagong. The case was registered as ......ce during the trial. In view of the above, we find no merits in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 86. ..Category: Civil Law | Date: 11 Jun, 2013 | Hits: 14
Grameen Telecom Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....o be admitted and heard on merit by the Commissioner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ......ts principal officer, as defined under section 2(48) of the Income Tax Ordinance 1984, rather it has been shown that one Mr. Nazrul Islam has obtained a copy of the said assessment order, as has been recorded in the Deputy Commissioner of Taxes office. 7. The learned Advocate Mr. Sarder Jinnat Al......nal as the highest facts finding body to unnecessarily trace out some Mr. Nazmul Islam as a clue for dismissal of the case without investigating and identifying the real facts of the case. 5. Upon service of the notice of both the Income Tax Reference Application, the learned Deputy Attorney Gene..Category: Fiscal/Taxation Law | Date: 5 Jun, 2013 | Hits: 86
A.B.M. Liton Vs. Bangladesh & Others, 2013, 42 CLC (HCD)
....the refusal of bail are set-aside in so far as the petitioner is concerned. Communicate this order. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 207 ......lications seeking civil detention of the petitioner. 3. Considered the submissions of the learned advocates, perused the writ petition as well as the Affidavit-in-Opposition and the materials on record. Artha Rin Adalat Ain, 2003 is a special law solely enacted for the purpose of realization of......s entered appearance, the suit was decreed ex-parte by the judgment and decree dated 5-11-2012. Respondent No. 3 Bank then filed Artha Jari Case No. 86 of 2012 for execution of the said decree. After service of notice of execution case through newspapers, the decree holder-Bank filed an application ..Category: Banking Law | Date: 3 Jun, 2013 | Hits: 5
Bimol Rosario Vs. Barbara Rosario and others, 2013, 42 CLC (HCD)
....tiff and two children, the plaintiff being earned the livelihood by working in small NGO. In this back-[drop the defendant Nos.1-2 in the first part of the year 2003 told the plaintiff that they have good relation with the Manager and other officials of the House Building Finance Corporation and thu......ned person under section 73 of the Evidence Act and come to a decision in accordance with law. In this case the trial Court as well as the Court of appeal below considered the entire evidence on record and came to a concurrent finding that in the facts and circumstances of the case there was no......w are hereby maintained. Let a copy of this judgment along with the lower Court s record be sent down at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 122. ..Category: Civil Law, Evidence Law | Date: 22 May, 2013 | Hits: 3
Nazrul Islam (Md.) & others Vs. Mahfuzur Rahman and others, 2013, 42 CLC (HCD)
....order along with the lower Court s record be sent down to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 126. ......CS khatian 46 of Tajru para mouja under Shariakandi Police Station of Bogra district comprising an area of 1.77 acres of land averring inter-alia that the land of CS khatian No. 46 was correctly recorded in the name of Meherullah Akond, Esharat Akond, Topijan Bibi, Sema Bibi, Syednesa Bibi, Dan......order along with the lower Court s record be sent down to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 126. ..Category: Property Law | Date: 21 May, 2013 | Hits: 6
Moon Construction Company Limited Vs. Government of Bangladesh & others, 2013, 42 CLC (HCD)
....ent. Office is directed to communicate the copy of this judgment forthwith. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 193 ......, and that will be paid after completion of review. 7. We have considered the submission of the learned Advocates for both the parties, perused the substantive application and other materials on record in order to attain a proper decision. 8. It is incredibly correct that the disputed ques......ent. Office is directed to communicate the copy of this judgment forthwith. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 193 ..Category: Constitutional Law | Date: 16 May, 2013 | Hits: 4
ABSCO Limited Vs. Artha Rin Adalat No.2, Dhaka & another, 2013, 42 CLC (HCD)
....charged without any orders as to costs.' Communicate the judgment to the court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 9. ......charged without any orders as to costs.' Communicate the judgment to the court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 9. ......f outstanding dues and filed the suits for recovery of money against the petitioners on 30-7-2010. The Court issued usual summons to be served upon the petitioners-defendants and fixed 14-11-2010 for service return. On the date fixed, the summons with A/D being not returned, the court passed an orde..Category: Corporate Law, Others | Date: 15 May, 2013 | Hits: 8
....made on proper appreciation of law and facts do not call for interference.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 19 BLC (AD) (2013) 1.
...... prays for granting leave to consider whether the petitioner is at all a defaulter.
7. We have considered the submissions of the learned Advocate, the impugned judgment and the materials on record.
8. Having considered section 19(2) (Jha) of the Local Government (Pourashava) Act, 2009......made on proper appreciation of law and facts do not call for interference.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 19 BLC (AD) (2013) 1.
..
Category: Election Law | Date: 7 May, 2013 | Hits: 6
....cordingly disposed
of.
The matter is remanded to the High court
Division for a fresh hearing.
Ed.
This Case is also Reported in: 65 DLR (AD) (2013)
300; 18 MLR (AD) (2013)153. ......cordingly disposed
of.
The matter is remanded to the High court
Division for a fresh hearing.
Ed.
This Case is also Reported in: 65 DLR (AD) (2013)
300; 18 MLR (AD) (2013)153. ......e suit cannot be finally
adjudicated without taking evidence. If so is done, it will be treated as ultra
vires. A case cannot be finally adjudicated before trial. In situations e.g.
dismissal of services, the High Court Division cannot allow the prayer of the
plaintiff by directly asking the a..
Category: Procedural Law | Date: 6 May, 2013 | Hits: 15
Moklesuddin Ahmed and another Vs. Rezia Khatun and others, 2013, 42 CLC (HCD)
.... number. The office is directed to do the needful accordingly. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 209. ......ing Title Suit No.21 of 1999 in the Court of the Subordinate Judge, now Joint District Judge, 1s Court, Manikganj for declaration of title in the suit property and for further declaration that the RS record of the suit property in the name of the defendant No.9 and the predecessor of defendant Nos.1...... number. The office is directed to do the needful accordingly. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 209. ..Category: Constitutional Law | Date: 5 May, 2013 | Hits: 4
Sheikh Shahadat Hossain (Md.) Vs. National Board of Revenue, and others, 2013, 42 CLC (HCD)
....ndustries Ltd, Banani, Dhaka) imported 23,850 Kg. threads and released them after payment of duties through Bill of Entry No. 2030 dated 12-2-2004. According to the appellant-importer, while the said goods were being taken to its industry at DEPZ, Savar by three trucks under Risk Bond, 7,850 Kg of t...... same will be an order under section 196B of the said Act. 10. Considered the submissions of the learned advocates, perused the petitions of Appeals, impugned orders and other materials on record. The legal question involved in the aforesaid Appeals touches upon the jurisdiction of t......vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522 ..Category: Fiscal/Taxation Law | Date: 25 Apr, 2013 | Hits: 2
....ng of Miscellaneous Case No. 28 of 2011 before the Joint District Judge if he is so advised.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 117
......Joint District Judge by his order No. 32 dated 4-4-12 which is in challenge before this Court.
5. We have heard the learned Advocates from both sides, perused the petition and other materials on record including the impugned order. On a scrutiny of the impugned order we find that the learned Jo......ng of Miscellaneous Case No. 28 of 2011 before the Joint District Judge if he is so advised.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 117
..
Category: Civil Law, Procedural Law | Date: 18 Apr, 2013 | Hits: 2
Tajul Islam and others Vs. Billal Hossain and another, 2013, 42 CLC (AD)
.... the complainant which is a vested property and when he was not found, these persons assaulted his mother causing bleeding injury on her right leg and outraged her modesty and they looted valuable goods worth Tk. 5,000/-and when on hearing alarm, the villagers arrived the accused persons (Appell......95; 37 DLR 18; 37 DLR 18. Lawyers Involved: N I Bhuiyan, Advocate-on-Record-For the appellants. Momtaz Uddin Fakir, Additional Attorney General Instructed by B. Hossain, Advocate-on-record- For the State, respondent No.2. Criminal Appeal No.04 of 2002. (From the judgment......e appellants shall appear before the Sessions Judge, Chandpur and till then the bail granted by this court will continue. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 165. ..Category: Procedural Law | Date: 16 Apr, 2013 | Hits: 8
Bangladesh Inland Water Transport Au¬thority (BIWTA) Vs. Bangladesh & others, 2013, 42 CLC (HCD)
....ind that the instant writ petition is not maintainable. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 535 ......r the self same ferry ghat and those have been annexed by way of affidavit, supplementary affidavit, additional affidavit and reply to all those. Upon consideration of the aforesaid materials on record and on hearing the learned Advocates from bothsides it transpires that the question of leasin......ind that the instant writ petition is not maintainable. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 535 ..Category: Constitutional Law | Date: 15 Apr, 2013 | Hits: 3
Iftekharul Karim (Md.) Vs. State, 2013, 42 CLC (HCD)
....etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211. ...... 4. The police after completing investigation into the case submitted charge-sheet against the accused-petitioner under the above provisions of law. 5. The case being ready for trial the case record was sent to the Metropolitan Sessions Judge, Dhaka and same was registered as Metro Special S......etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211. ..Category: Criminal Law | Date: 4 Apr, 2013 | Hits: 4
ABM Mohiuddin Chowdhury Vs. Anti-Corruption Commission and others, 2013, 42 CLC (HCD)
....fact exercised its power under section 561A of the Code of Criminal Procedure in the garb of writ jurisdiction. If the High Court Division feels to exercise its writ jurisdiction there must have been good and sufficient reason to by-pass the alternative remedy provided by the statute. The writ ......te of receipt of the copy of thus order. The Court concern is to decide the prayer for bail, if so made, in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 537 ......te of receipt of the copy of thus order. The Court concern is to decide the prayer for bail, if so made, in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 537 ..Category: Anti-Corruption Laws, Constitutional Law | Date: 4 Apr, 2013 | Hits: 4
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