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Aziz Hasan and others Vs. Bangladesh, 2007, 36 CLC (HCD)
.... not pay in cash the amount of money covered by respective bank guarantees within a period of thirty days of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 563. ......exemption of duty above 15% in cash and furnishing bank guarantee(s) for the balance between the two rates of exemption. 5. Dr. M. Zahir, learned Senior Advocate, took us through the relevant provisions of the Act and submitted that the Government acted beyond its jurisdiction in issuing sub..Category: Fiscal/Taxation Law | Date: | Hits: 64
Muhaiminul Hasan Khan Vs. Md. Nurul Islam Khan and others, 2001, 30 CLC (HCD)
....fresh and dispose of the original application for succession certificate in the light of above observations. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002)156.......arty No. 1 was nominated the next of kin as well as the beneficiary for the estate of the deceased and the mother had no locus standi to make an application for such certificate. 7. In view of the provisions of section 388 and the Gazette Notification investing the Subordinate Judge, 3rd Court, D..Category: Property Law | Date: | Hits: 36
Pubali Bank Limited Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
....ost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 144. ...... in section 6(2) of said Artha Rin Adalat Act in this regard. But by the impugned order, the said ex parte judgment and, decree dated 16-3-93 was set aside on the ground that the court, in terms of a provisions of section 151 CPC is competent to set aside the ex parte decree and accept the written s..Category: Procedural Law | Date: | Hits: 67
Shafique Ullah (Md) Vs. Chairman, Rupali Bank Ltd. and others, 2006, 35 CLC (HCD)
.... proceeding. 10. Moreover, the relief prayed by the plaintiff in this suit is vague and unspecified. It is neither a suit for declaration under section 42 of the Specific Relief Act nor for mandatory injunction under section 55 of the same Act. Rupali Bank being a private bank the relation......e Appeal No. 621 of 2000 is hereby affirmed. Send down the lower Court's records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 546...Category: Criminal Law | Date: | Hits: 29
Category: Property Law | Date: | Hits: 73
Tahmid Ahmed Vs. Jalaluddin Jaffar Ali Hussain, 1999, 28 CLC (HCD)
....ng of board of directors on 2-7-1998 and also to serve a notice on him as a shareholder for the annual general meetings held on 19-9-1998. This apart, section 95 of the Companies Act has also made it mandatory for the company to serve a no on the director in writing. 19. In the case of Ittefaq Gr......din Jaffar Ali Hussein) vehemently contends that since the Company failed to serve notice of the meeting of the board of directors held on 2-7-1998 in violation of the direction of this Court and the provisions of section 95 of the Companies Act, the proceedings of the said board meeting were null a..Category: Company Law | Date: | Hits: 222
Shamshad Asif Vs. Additional District Judge and others, 1999, 28 CLC (HCD)
....ules are discharged with cost at the rate of Taka 1,000.00 to be paid by the petitioner of each Rule to the contesting respondent No.2. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 138.......llegally in not dismissing the plaints of the Bankruptcy Suits. He further submitted that section 11 of the Code of the Civil Procedure being applicable in respect of Bankruptcy proceedings under the provisions of section 8 of the said Act Bankruptcy cases against the self same guarantor mortgagors ..Category: Civil Law | Date: | Hits: 78
Category: Labour and Industrial Law | Date: | Hits: 109
Category: Administrative Law | Date: | Hits: 215
Dr. Md. Kamrul Ahsan Talukder Vs. Nurun Nahar and others, 2009, 38 CLC (AD)
....ellate Court is directed to dispose of the appeal in accordance with law. This appeal is accordingly, allowed without any order as costs. Ed. This Case is also Reported in: VII ADC (2010) 794.......ndra till his death on 20.03.1984 and after his death paid rent to his sons till July,1984 and thereafter, filed Other Class Suit No. 366 of 1984 and such story is totally unbelievable. 7. The provisions of Section 12 of the Specific Relief Act provides that- (a) when the act agreed to be ..Category: Property Law | Date: | Hits: 37
Azizur Rahman Vs. Bangladesh Shilpa Rin Sangstha and ors., 2002, 31 CLC (HCD)
..... In the result, the Rule is discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 55 DLR (2003) 107....... the Artha Rin Adalat Ain, 1990 (Act No. IV of 1990). A financial institution can avail of the opportunity made available to it either under its parent Ordinance of Act or it can have recourse to the provisions of the Artha Rin Adalat Ain 1990 for prompt realisation of its dues from the defaulting l..Category: Civil Law | Date: | Hits: 79
Jamal Uddin Ahmed Vs. Abdul Haque and another, 2002, 31 CLC (HCD)
....818 as of the date 30th September, 1993, in Class‑6 in respect of CI. Fittings, is cancelled. In the result, the petition is allowed. Ed. This Case is also Reported in: 55 DLR (2003) 102. ...... No. 1 were seized. It is stated that since the registration of the mark 'Lucky' for the sanitary products manufactured by the opposite party in the garb of the name 'CI Fittings' offends against the provisions of the Trade Marks Act, 1940, the instant petition was filed under section 46 of the Act,..Category: Intellectual Property Law | Date: | Hits: 175
Hafizuddin Ahmed Vs. M Aslam Miah & others, 2002, 31 CLC (HCD)
....ce. Let a copy of this judgment and order be sent to opposite party No. 5, the Administrator of Waqfs for his perusal and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 95.......ased on the premise that as the transfer was effected with the statutory sanction of the Administrator so those are valid and binding on the waqf property. In order to appreciate the submissions, the provisions of the Waqf Ordinance, 1962 (Ordinance 1 of 1962), hereinafter referred to as the Ordinan..Category: Trust/Waqf Law | Date: | Hits: 228
Abdul Baten (Md.) Vs. Chairman, NBR & others, 2007, 36 CLC (HCD)
....rantees received in the above Writ Petitions to the respective petitioners within a period of one month of receipt of this order, positively. Ed. This Case is also Reported in: 59 DLR (2007) 525.......ing SRO No. 260 dated 30-8-04 was not applicable in the cases of the petitioners who were as registered commercial importers and traders paying and intending to pay trading VAT at supply stage as per-provisions of the first proviso to section 5(2) and section 9 of the Value Added Tax Act, 1991, brie..Category: Fiscal/Taxation Law | Date: | Hits: 95
Rahamatullah (Md) and another Vs. State, 2007, 36 CLC (HCD)
....receipt of the case records with notices to the contending parties. Send down the records along with the copy of the judgment immediately. Ed. This Case is also Reported in: 59 DLR (2007) 520.......oint trials of a youthful offender and an adult. No matter what offence is alleged, irrespective of the seriousness of the act, a juvenile is to be tried separately from an adult in accordance with provisions of the Act. If the case is triable by the Court of Sessions only then the case of the juv..Category: Criminal Law | Date: | Hits: 32
Uzzal alias Elias Hossain Vs. State, 2006, 35 CLC (HCD)
....in and to be paid to the informant Abdul Mannan, the father of the victim, as compensation. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 505.......acts of the accused persons led to the suicide and hence the question of any offence under sections 9(2) or 9(3) of the Ain does not arise. He elaborated by submitting that in order to come under the provisions of section 9(2) of the Ain the death must be the natural consequence of the acts of the r..Category: Criminal Law | Date: | Hits: 35
Hazrat Ali alias Dulal Vs. State, 2007, 36 CLC (HCD)
....upport from the principle laid down by the Appellate Division in the reported case in 42 DLR (AD) 219. We further hold that the provision or section 35A with sub-sections (1) and (2) has been cast in mandatory form by amending the Code to effect deduction of imprisonment in cases where convicts ma......A of the, Code is quite inconsistent with the scheme of the Special Powers Act and not applicable to any punishment for an offence triable under the said Act. 8. On consideration of the relevant provisions of the Code of Criminal Procedure and the Special Powers Act and the principle laid down ..Category: Criminal Law | Date: | Hits: 43
HP Cold Rolling Mills Ltd. Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)
....tual export of the finished goods as drawback expeditiously, preferably within two months of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 483....... Revenue saying that the IDSC was neither duty nor tax. Hence, the Rules. 6. Mr. Mahmudul Islam, the learned Senior Advocate appearing on behalf of the petitioner, took us through the relevant provisions of the VAT Act and the Rules made thereunder and Articles 83 and 84 of the Constitution a..Category: Fiscal/Taxation Law | Date: | Hits: 93
Mohsina Rahman alias Jaya Vs. Abdul Majid and others, 2001, 30 CLC (HCD)
....alami with compensation. Practically the petitioner is not entitled to raise any objection against the impugned Award without compliance of the amended section 33 of the Arbitration Act 1940 which is mandatory in nature but the petitioner has filed the Title Suit No.142 of 1998 under section 42 of t......the Miscellaneous Case No. 34 of 1998 and Title suit No. 142 of 1998 are affirmed. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 138. ..Category: Civil Law | Date: | Hits: 77
Category: Property Law | Date: | Hits: 34