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Babul Vs. State, 2002, 31 CLC (HCD)
....bstantially proving the charge levelled against convict-appellant. 6. In approaching and answering to the question posed, prosecution case projected in First Information Report and unfurled at the time of trial evidences, materials brought on record, fact and circumstances and contentions advance......and he is acquitted of the same and set at liberty at once if not wanted in any other case. Lower Court's Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 158. ..Category: Criminal Law | Date: | Hits: 84
....iary’ yard of the plaintiffs. It was also agreed that the plaintiff would pay customs duty. The plaintiff did not comply with any terms and conditions of the contract.
9. They denied that at the time of sanction of the loan the plaintiffs had a balance of Taka 1,44,87,474 in their account. They......d and order of stay granted therein is recalled and vacated.
Parties are directed to bear their own cost. Send down the records at once.
Ed.
This Case is also Reported in: 56 DLR (2004) 530.
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Category: Civil Law | Date: | Hits: 92
....ion. Telephone is stated at serial No. SO 12 of the list of vatable services given in the second schedule of the VAT Act. 1991. However, the lists thus provided are not final. The Government may from time to time as it thinks necessary, provide with respect to any description of transaction that it ...... without any order as to cost. Stay order granted earlier in respect of realisation of the disputed portion of VAT is hereby vacated.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 115.
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Category: Fiscal/Taxation Law | Date: | Hits: 138
Abdul Gafur alias Kana Mia and others Vs. Md Nurul Islam, 2004, 33 CLC (HCD)
....gery on that score is also not maintainable and, as such, the proceeding should be quashed. We are of the view that at this stage this point cannot be considered by us which can only be raised at the time of trial. From the conspectus of the above discussion and on meticulous analysis of fact and......ed Magistrate would be at liberty to consider the bail of the accused-petitioner. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 519. ..Category: Criminal Law | Date: | Hits: 94
IFIC Bank Ltd. and others Vs. Beximco Holdings Ltd. and others, 2004, 33 CLC (HCD)
....ulter within the meaning of the Bank Company Act is accepted then the position would be that a guarantor who stood surety and undertook to repay certain bank loan or dues but failed to pay within the time agreed upon, no mechanism or machinery prescribed by such law for recovery of the loan from the......ion for temporary injunction is also dismissed. Connected Civil Rule No. 654 (FM) of 2004 is accordingly disposed of. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 154...Category: Civil Law | Date: | Hits: 71
Abdur Rashid Chowdhury Vs. CA Hamid and Co. Ltd. and others, 2005, 34 CLC (HCD)
....ere permanent directors of the company. 18. It appears from the registry of notice and minutes of the meetings of the board of directors that on 19‑6‑99 both brothers sat together for the last time in a meeting of the board. In the meeting, the minutes of the last meeting was read and confirm......he register of members of the company. Respondent No.2, Registrar, is directed to rectify the share register of the company, accordingly. Ed. This Case is also Reported in: 57 DLR (2005) 148. ..Category: Company Law | Date: | Hits: 232
Rafiqul Alam (Md.) MD Dhaka Mercantile Co‑operative Bank Ltd. Vs. State, 2004, 33 CLC (HCD)
....mbers. It follows that in a case where the Registrar purports to act so as to prevent an alleged misdeed by a member of a Society from being investigated by a criminal Court, he should possess at the time when he exercises his option to visit them with punishment within his disciplinary jurisdiction...... is hereby quashed. The petitioner is discharged from the bail bond. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 145. ..Category: Criminal Law | Date: | Hits: 89
Safiqur Rahman (Md.) and others Vs. Ambia Khatoon and others, 2004, 33 CLC (HCD)
....e learned Advocate for the petitioner. In the result this Rule is discharged without any order as to costs. The order of all further proceedings of Miscellaneous Case No.5 of 1998 as passed at the time of the issuance of the Rule for a period of 3(three) months and subsequently extended is vacate...... Case No.5 of 1998 as passed at the time of the issuance of the Rule for a period of 3(three) months and subsequently extended is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 143. ..Category: Property Law | Date: | Hits: 52
SMA Matin Sarker Vs. Bangladesh Jute Mills Association and another, 2004, 33 CLC (HCD)
....It further appears that a statutory notice dated 1‑3‑2003, as evidenced by Annexure 'C' to the application, was in due course served upon the respondent Association. He waited for a great deal of time and when no response was received by the petitioner nor was there any payment from the responde......judgment be sent to the Secretary, Ministry of Law, for his perusal and necessary action and the Secretary, Law Reforms Commission, Dhaka. Ed. This Case is also Reported in: 57 DLR (2005) 128. ..Category: Employment/Service Law | Date: | Hits: 144
....nance XX of 1982, some other provisions were repealed but not the Ordinance No. XI of 1978 and in that view of the matter the said provisions shall still be applicable subject to amendments made from time to time while allowing the remuneration and privileges of the Election Commissioners because, h......already been deducted earlier, on account of pension.
In the result, this Rule Nisi is made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 113.
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Category: Employment/Service Law | Date: | Hits: 99
.... disconnecting the electric line but the trial Court refused to grant injunction whereupon the Petitioners filed Title Appeal No.130 of 1995 which was pending before the court of Subordinate Judge at time of moving this petition. However, the petitioner No.2 along with 3 others voluntarily surrender......1994 evidenced by Annexure 'H' to the application is declared to have been issued without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 57 DLR (2005) 109.
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Category: Others | Date: | Hits: 135
Al-Imran Ali and others Vs. Sudangshu Kumar Banik and others, 2004, 33 CLC (HCD)
....y after about 24 years of his first written statement dated 19‑8‑1977 accompanied by an application (Annexure-D) for acceptance of the additional written statement wherein he denied for the first time the plaintiffs case which he did not deny in his earlier written statement (Annexure-A). The le......2001 is hereby set aside. Since it is a long pending suit the trial Court is directed to dispose of the same as expeditiously as possible. Ed. This Case is also Reported in: 57 DLR (2005) 106...Category: Property Law | Date: | Hits: 50
Rezaul Karim Razu Vs. State, 2004, 33 CLC (HCD)
....d broke furniture of the house and then took away golden chain cash money, etc by breaking open key of the almirah whereafter the local people caught hold of him with the incriminating weapons at the time of his retreat. The accused appellant kept the weapons with him and allegedly committed the off......appeal is dismissed. The stay order granted earlier by this Court is hereby vacated. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 57 DLR (2005) 104. ..Category: Criminal Law | Date: | Hits: 78
Sardar Jan Mohammad and another Vs. Lutfannessa and others, 2004, 33 CLC (HCD)
.... declined. After such refusal the plaintiffs had definite cause of action to sue. 6. Secondly, he submitted that even if the suit was conceded to be premature on 6‑5‑92 but with the passage of time matured and the plaint could not be rejected upon such ground. In support, he cited Lebu Mia Vs......side. Learned Subordinate Judge is directed to hear and dispose of the Suit in accordance with law, expeditiously. Send down the record. Ed. This Case is also Reported in: 56 DLR (2004) 514. ..Category: Property Law | Date: | Hits: 61
Lalit Kumar Roy and 2 others Vs. Krishnapada Biswas & others, 2002, 31 CLC (HCD)
....ti. After about 60 years of the alienation and death of Sumati in 1979, now they cannot challenge the alienation in the present suit as framed for partition simpliciter. 15. He submits that at the time of alienation on 14‑5‑42, defendant No.1 was minor and his father actually did everything o......held. Order of status quo as granted at the time of issue of the Rule on 16-8-99 is recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 80. ..Category: Property Law | Date: | Hits: 64
.... against any decision or order relating to any duty demanded in respect of goods which have ceased to be under the control of customs authorities or to any penalty levied under this Act shall, at the time of filing his appeal or, if he so permitted by the appellate authority, at any later stage be...... hence, of no legal effect. The Appellate Tribunal is hereby directed to dispose of the appeals in accordance with law as early as possible.
Ed.
This Case is also Reported in: 57 DLR (2005) 74.
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Category: Fiscal/Taxation Law | Date: | Hits: 122
Padma Oil Co. Ltd. Vs. SM Nurul Islam and others, 2002, 31 CLC (HCD)
....end the application of this protection to employees of a statutory corporation on the ground of natural justice. This protection can only be extended by statutory Rules and it is apparent that at the time of dismissal of the plaintiff from the service in 1979 no statutory Rules afforded this protect...... as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 505. ..Category: Employment/Service Law | Date: | Hits: 122
Karnaphuli Fertilizer Co. Ltd. Vs. Chairman, First Labour Court and another, 2002, 31 CLC (HCD)
....arb of termination simpliciter by way of victimisation for his trade union activities. In this case, it is admitted that the respondent No. 2 was a worker under the petitioner-company at the relevant time and there was also a Central Bargaining Agent (CBA) for the workers of the petitioner-company. ...... legal effect. In the circumstances, the Rule is made absolute without any order as to costs. Let the lower Court records be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 502...Category: Labour and Industrial Law | Date: | Hits: 152
Mehedi Hasan Vs. State, 2011, 40 CLC (HCD)
....007, under section 409/109 of the Penal Code, 1860 and section 5(2) of the Prevention of Corruption Act, 1947 read with Rule 15 of the Emergency powers Rule, 2007, against 13 (thirteen) persons. This time impleading the petitioner as the accused No. 13 with the allegation committing offence under se......tioner is concerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 361...Category: Administrative Law | Date: | Hits: 173
Noor Alam Vs. Sonali Bank and others, 2011, 40 CLC (HCD)
....No.3 contested the suit by filing written statement denying all the material allegations of the plaint contending, inter alia, that the defendant No.3 did not go to the plaintiff-Bank at any point of time, neither he mortgaged his property nor he became guarantor for anybody whatsoever; that some of......m other defendant Nos. 1-2 in accordance with law. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 332...Category: Procedural Law | Date: | Hits: 107
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