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Mahbub Alam Vs. Commissioner, Customs, Excise and VAT, Sylhet and others, 2010, 39 CLC (HCD)

....runs as under: "34B. Act to override all other laws.- The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Code or in any other law for the time being in force." 17. The quoted provisions of section 34B of the Act shows that it is the no......dgment and order to the Special Tribunal concerned for necessary action and the Respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 395. ..

Category: Fiscal/Taxation Law | Date: | Hits: 177

Niranjan Malaker & another Vs. State, 2009, 38 CLC (HCD)

....a PS Case No.7 dated 15-8-1998 was stated and police after investigation submitted charge sheet against the four accused including the appellants under sections 302/34 of the Penal Code. 5. At the time of trial, accused Bakul Chandra Das and Manik Lal Das were absconding. The trial was held in th......erty forthwith if not required to be detained in any other connection. Send down the LCR with a copy of this Judgment at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 387. ..

Category: Criminal Law | Date: | Hits: 75

Solaiman (Md.) Vs. State and another, 2010, 39 CLC (HCD)

.... alia, that on 8-10-2006 the petitioner-accused Md. Solaiman took Taka 12,00,000 from her for his business purpose on the condition that he would return the money within a month. After expiry of that time, the complainant demanded the said money and the petitioner issued two cheques, both dated 8-3-......ection with the Rule stands vacated. Send a copy of this Judgment and order to the Court below for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 385...

Category: Criminal Law | Date: | Hits: 75

Amanullah (Md.) Vs. State and another, 2010, 39 CLC (HCD)

.... stated above, we are inclined to hold that there is no substance in the Rule and, as such, it is liable to be discharged. In the result, the Rule is discharged. The order of stay passed at the time of issuing of the Rule is vacated. Let a copy of this Judgment and order be sent to the Cour......me of issuing of the Rule is vacated. Let a copy of this Judgment and order be sent to the Court concerned at once of information. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 382. ..

Category: Criminal Law | Date: | Hits: 84

Rafiqul Islam Vs. State and another, 2009, 38 CLC (HCD)

....on of law. 6. He further submits that the second notice was served upon the petitioner on 21-6-2001 and the petitioner received the notice on 25-6-2007; that the petitioner will get 1(one) month's time from the date of receipt of the notice but the complainant filed the instant case before expiry......g is hereby quashed. Communicate the order to the Court of the learned Additional Metropolitan Sessions Judge, Chittagong, forthwith. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 377. ..

Category: Civil Law | Date: | Hits: 150

Abdul Malek Vs. District Co-operative Officer, Cox’s Bazar and others, 1997, 26 CLC (HCD)

.... membership of the petitioner and other disciplinary actions against the petitioner excepting cancellation of his lease of the project till hearing of the dispute case No.10 of 1988. 6. In the meantime on 16-7-1988 upon an application filed by one Moazzem Hossain and Md. Alamgir intimating the re......en made without lawful authority and is of no legal effect. In the facts and circumstances of the case there no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 426. ..

Category: Civil Law | Date: | Hits: 128

Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)

....matter raised a constitutional question of importance we asked Mr. Rafiq-Ul Huq, Mr. AR Yousuf, Mr. M Nurullah and Mr. M Mahmudul Islam, the learned senior counsels of this Court to be present at the time of hearing and assist us in the matter as amicus curiae. 3. The General election to Parliame......pondent No.1 Bangladesh Election Commission at once addressing it to the Chief Election Commissioner, Bangladesh Election Commission. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 417. ..

Category: Election Law | Date: | Hits: 162

Jiban Bima Corporation Vs. Mustafa Hussain & another, 1997, 26 CLC (HCD)

.... case and further I find that the suit was not hit by section 42 of the proviso as it was not a mere declaration but there were consequential relief to the extent it was capable of being asked at the time of institution of the suit by the plaintiff. Further, in a matter like this the finding whether......ost of Taka 2,000.00. The impugned judgment and decree are affirmed. Let the records of the Courts below be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 411. ..

Category: Employment/Service Law | Date: | Hits: 182

Syed Wali Mohammad Salehuddin, 1990, 19 CLC (HCD)

....stator or wife of Testator's son, then the net income of the trust property shall be paid to the University of Calcutta for the advancement of education amongst the Hindu females of Bengal until such time as a son is born to or shall be adopted by the son of the Testator or wife of Testator's son An......further order as to costs. The assistance given by Mr. Ahmed Nurur Reza and Mr. Saidur Rahman at the time of hearing is appreciated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 268...

Category: Trust/Waqf Law | Date: | Hits: 166

Rehana Ahmed and others Vs. Nahar Shipping Lines Lim­ited, 1990, 19 CLC (HCD)

....tated that the respondent No.1, the company was formed in 1976 at the initiative of respondent No.2 and late Md. Ashraf Ahmed. They both were the promoters and architects of the said company. At that time of formation of the said company it was agreed between these two persons that the shares of the......pplication is dismissed, but without any order as to costs. The restrictive orders and undertaking passed and given are hereby vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 256...

Category: Company Law | Date: | Hits: 233

M.A. Mannan Vs. Biman Bangladesh Air Lines, 1989, 18 CLC (HCD)

.... job he was to do. Against this order the petitioner submitted a representation to the Managing Director and consequently the order of the Director, Flight Operation, was kept in abeyance. In the meantime the petitioner came to know that the General Manager, Central Control, was determined to implem...... impugned order, namely, Annexure-G is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 318. ..

Category: Employment/Service Law | Date: | Hits: 225

Mostafa Kamal Vs. Chief Election Commissioner and others, 1997, 26 CLC (HCD)

.... an objection before the Returning Officer against respondent No.7 alleging, inter alia, that he was not qualified for contesting the said election as Chairman for he was a Government servant at that time. The respondent No.5 on scrutiny rejected the nomination paper the respondent No.7 vide order d......l before filing of the present Writ Petition before this Court. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 260. ..

Category: Election Law | Date: | Hits: 154

Abul Kalam Azad (Md.) and others Vs. Md. Kamrul Hasan and others, 1997, 26 CLC (HCD)

....red the submissions of the learned Advocates of the respective parties. The impugned order runs as under: "Heard. The petition dated 19‑10‑93 for amendment of plaint is allowed and at the same time petition dated 21‑4‑93 for rejection of plaint is hereby rejected. The plaint and register ...... stay granted at the time of issuance of the Rule is vacated. Let a copy of the order be sent to the Court concerned immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 259. ..

Category: Procedural Law | Date: | Hits: 85

Monorajan Saha and another Vs. Farida Khatun and others, 2010, 39 CLC (HCD)

....1-2006 passed in Miscellaneous Case No.19 of 2005 by the learned Senior Assistant Judge, Paikgacha, Khulna allowing an application under Order VII Rule 11(d) of the Code Civil Procedure. 2. At the time of issuance of the rule, operation of the impugned judgment and order was stayed initially for ......ipt of copy of this judgment after notifying the parties as per law. Send copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 239. ..

Category: Procedural Law | Date: | Hits: 88

Aftabuddin (Md.) Vs. State and others, 2010, 39 CLC (HCD)

....Court. In sup­port of his contention, the learned Advocate has referred before us a case between the State Vs. Aynuzzaman, reported in 1987 BLD (AD) 100. 8. None appears to oppose the Rule at the time when the Rule was taken for hearing. 9. The points for determination in this case is whether......y to the Law Commission, Old High Court Bhaban. Communicate the order at once to the Court concerned for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 235...

Category: Criminal Law | Date: | Hits: 79

Humayun Hossain Khan Vs. Bangladesh & others, 2011, 40 CLC (HCD)

....st May, 2004. Thus, on the day when the Artha Rin Suit was filed by the plaintiff-bank against the appellant, there was no bar upon it to charge interest as per the bank rate in vogue at the relevant time or on the terms of the contract between it and the appellant. By section 47 of the Ain, 2003 an......iscretion given to it by section 47 of the Ain, 2003. With the above observations this appeal is dis­missed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 88, 18 MLR (AD) (2013) 5. ..

Category: Civil Law | Date: | Hits: 138

Baharuddin Vs. State, 1993, 22 CLC (HCD)

....o. 30 dated 8.6.90 was started under section 15 of the Dangerous Drugs Act. The case was endorsed to PW 11 Md. Afzalur Rahman for investigation who was an ASI of Mirpur Police Station at the relevant time. He visited the place of occurrence, examined some witnesses under section 161 CrPC, seized som......e be set at liberty at once, if not wanted in connection with any other case. Let the lower Court records be sent down expeditiously. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 61...

Category: Criminal Law | Date: | Hits: 81

Abdul Kashem and another Vs. Bangladesh, 1994, 23 CLC (HCD)

....ed GP sheets from Japan under ITC No.73.13 which was subsequently changed as Harmonised Code No.72.10 and the same was carried by two vessels under 4 Bills of Lading dated 27.5.88 and 6.6.88. At that time the rate of custom duty was 50% ad valorem and the tariff value was Taka 15,000.00 per metric t...... before the appropriate Customs Officer. In the premises discussed above, the Rules are discharged but without any order as to costs. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 57...

Category: Fiscal/Taxation Law | Date: | Hits: 155

Chittagong Port Autho­rity Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)

....t Authority for adjustment of existing price Taka 17,52,58,538 to Taka 27,27,02,614 which was refused by the authority. After refusal the price adjustment letter, the 1st party respondent for the 1st time on 25-7-2005 wrote a letter to the appellant requesting for rectification of contract failing w...... award hereby set aside. Accordingly award dated 9-3-06 is hereby set aside. The office directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ..

Category: Alternative Dispute Resolution | Date: | Hits: 334

Mahatab Vs. State, 2010, 39 CLC (HCD)

....ersons and that thereafter the son of the informant was admitted in Muslim Aid Hospital for treatment and thereafter he was sent to Sylhet Medical College Hospital for better treatment and in the meantime on the way he died and hence the case. 3. On the basis of the said First Information Report,......f the case without any delay. The order of stay granted at the time of issuance of the Rule hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 223; 16 BLC (HCD) (2011) 214. ..

Category: Criminal Law | Date: | Hits: 97