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Kazi Obaidul Haque Vs. State, represented by Deputy Commissioner, 1998, 27 CLC (HCD)

....on for the performance of any public duty. b) in the service or pay of a local authority or of a corporation, body or authority established by or under any law or of a firm or company in which any part of the interest or share capital is held by or vested in the Government. Explanation 1.— P......e Station Case No. 2 dated 18-11-91 is hereby quashed and the Rule is made absolute. The petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 25.......e Station Case No. 2 dated 18-11-91 is hereby quashed and the Rule is made absolute. The petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 25...

Category: Criminal Law | Date: | Hits: 50

Friends Corporation Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)

....rit Petition No. 511 of 1998. Judgment AM Mahmudur Rahman J. - This Rule calls in question the levy of customs duty on the basis of Tariff value instead of registration value pursuant to import particular registration scheme on the ground that imposition and levy of duty upon such basis is wit......For the aforesaid reason, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 23. ......For the aforesaid reason, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 23. ..

Category: Fiscal/Taxation Law | Date: | Hits: 84

Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)

....Khatian No. 278, Dag No. 354 corresponding to S.A. Khatian No. 333, Dag No. 490 and R.S. Khatian No. 218, 226 and 371 Dag No. 459 under Mouza Dewbhoge of Police Station and District Narayanganj (more particularly described in schedule-1 of the writ petition). The petitioner, her brother and sisters ......ntor to the decree holder bank. The executing Court is still in seisin of the matter and the petitioner filed her application on 28.2.2010 i.e. before issuance of the sale certificate and also before payment of the full consideration (bid money). 12. In 24 BLD (HC) 323, vires of section 32 (2) of......hearing the said application passed an order on 22.7.2009 directing to maintain status quo (vide annexe-D to the writ petition). She, however, has no objection if respondent No. 2 (bank) realises its loan by selling the land of respondent No.3. She is not a “third party” within the meaning of se..

Category: Civil Law | Date: | Hits: 183

Md. Solaiman Ali Hamedi Vs. Abu Sayeed Mondol, 2011, 40 CLC (HCD)

....d sent it to the petitioner. 9. In a subsequent additional affidavit-in-opposition sworn on 12.2.2009 the contemner submitted that he had already complied with the order of the Hon’ble Court in part by preparing the bill for payment of subsistence allowance to the petitioner and asked him to c......d misleading statements before the Court. Though apparently he had prepared the bill, but admittedly did not place it for signature by the concerned authority and obviously he did it for dragging the payment and to mislead the Court. The subsequent inactions in complying with the order and taking...... Madrasa and its Superintendent, Police Station Mithapukur, District Rangpur and the Police Super, Rangpur for compliance. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 68

Suruzzaman and others Vs. Abed Ali and others, 2010, 39 CLC (HCD)

....ners Vs. Abed Ali and others ...Opposite Parties Judgment December 8, 2010. Lawyers Involved: Bhabesh Chandra Mustafi, Advocate-for the petitioners Not represented- the opposite parties. Civil Rule 242 (Con) of 2007 Judgment Md. Ruhul Quddus J. -This Civil Rule at the i...... the revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ...... the revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ..

Category: Procedural Law | Date: | Hits: 92

SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....ers for recovery of loan amounting to Taka 1,80,92,680.24 (one crore eighty lac ninety two thousand six hundred eighty and paisa twenty four) only. In the said suit the petitioner company, as a third party mortgager, was made defendant No.3. Ultimately the suit was decreed exparte against the borrow......e with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.- I agree. This Case is also Reported in:20 BLT (HCD) (2012) 15. ......ngshal Branch, Dhaka as plaintiff instituted Artha Rin Suit No. 33 of 2003 before the Artha Rin Adalat No.3, Dhaka against the defaulting borrower M/S Florida International and others for recovery of loan amounting to Taka 1,80,92,680.24 (one crore eighty lac ninety two thousand six hundred eighty a..

Category: Procedural Law | Date: | Hits: 95

Md. Azizul Islam Vs. State, 2011, 40 CLC (HCD)

.... in: ......y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ......y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 40

Subasish Das (Bobby) and three others Vs. Bangladesh University of Engineering and Technology and others, 1999, 28 CLC (HCD)

.... Authority on 8-7-99 (Annexure-C’ and E’). 2. Petitioner of Writ Petition No. 2605 of 1999 Subasish Das (Bobby) who is a student of Level-2 Term- 1, i.e. first term of the second year of the Department of Civil Engineering and has been found guilty of offence under sections 5, 17, 21 and 22 o......dgment application for direction to allow the petitioner of the respective Rule to appear in the ensuing examination is also hereby rejected. Ed. This Case is also Reported in: 51 DLR (1999) 563.......dgment application for direction to allow the petitioner of the respective Rule to appear in the ensuing examination is also hereby rejected. Ed. This Case is also Reported in: 51 DLR (1999) 563...

Category: Others | Date: | Hits: 116

Maliha Banu Vs. Deputy Commissioner of Taxes and others, 1997, 26 CLC (HCD)

....n the writ petition, in our view, is not available to the petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 561.......n the writ petition, in our view, is not available to the petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 561.......een passed without lawful authority and of no legal effect and to direct the respondent No. 1 (Deputy Commissioner of Taxes, Companies. Circle-11, Dhaka (East) Zone, Dhaka to examine and consider the loan certificate give by Dr. MM Zaman and do the needful as per law or such other or further order o..

Category: Fiscal/Taxation Law | Date: | Hits: 77

Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)

....V. Vinay Chandra Misra, AIR 1981 S.C. 723, Mohd. Ikram Hussain V. The State of U.P. AIR 1964 SC 1625, Supreme Court Bar Association V. Union of India, AIR 1998 S.C.1895, Reg V. Odham's Press Ltd., ex parte A.G. (1957)1 QB 73, Morris V. The Crown Office (1970)1 All ER 1079, Offut V. US, (1954) 348 US...... petition is allowed in part. The short order quoted above forms part of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 29, 19 BLT (AD) (2011) 54, 16 MLR (AD) (2011) 161. ......Case". The article has been ingeniously and cleverly worded. The writer said that according to the report in "Prajatantra" a Gujarati Paper, architects Khare-Tarkunde Private Limited of Nagpur, got a loan facility of Rs.10 lacs from the Bank of India. The partners of Khare- Tarkunde included the fat..

Category: Criminal Law | Date: | Hits: 163

MA Qasem Vs. Subordinate Judge, Artha Rin Adalat and others, 1999, 28 CLC (HCD)

....ised in the writ petition is a disputed question of fact and that same is a matter for are adjudication by the trial Court after consideration of the evidence that would be produced by the respective parties; that the plaintiff in support of his prayer for production of document with the leave of th......en prejudiced in any respect or manner. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 341. ...... date petitioner herein prayed by filing an application, for time to file written objection; and that therein petitioner herein alleged that although Beximco Food Limited paid back the full amount of loan but in spite of that plaintiff has filed the suit. 5. On 9-4-1995 the plaintiff filed an app..

Category: Civil Law | Date: | Hits: 90

Serajul Hoque Vs. Commissioner of Taxes, Intelligence and Investigation Zone Dhaka, 1999, 28 CLC (HCD)

....he donors. The DCT sent letters to the donors out of which one of the donors Keramat Ali received the letter but the other letter addressed to Md. Abul Kashem was returned undelivered by the Postal Department. The donor Keramat Ali confirmed the gift. But the DCT disbelieved both the gifts and added......ion raised in this reference is answered in the negative and in favour of the assessee applicant. There will be no order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 338.......ion raised in this reference is answered in the negative and in favour of the assessee applicant. There will be no order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 338...

Category: Fiscal/Taxation Law | Date: | Hits: 81

Eman Ali Mallik Vs. State, 2000, 29 CLC (HCD)

....hid as Directors, on different documents. It has been further alleged that the accused persons did not pay the price of the tube-well machine in question in terms of the agreement entered into by the parties and eventually accused Eman Ali, in collusion with the other accused persons, illegally sold...... case within six months from the date of receipt of the case records from this Court. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 335....... that capacity he filed an application before the Chairman and Secretary. Thana Central Co-operative Society Ltd. Rajbari praying for a shallow tube-well machine to be set up for his samity on taking loan from the local Sonali Bank through Bangladesh Rural Development Board, Rajbari during the finan..

Category: Criminal Law | Date: | Hits: 43

Babar Hossain Vs. State, 2000, 29 CLC (HCD)

....At about 5-30 PM a truck belonging to the Coca Cola Company bearing Dhaka No.4117 came speedily from the northern direction and knocked down victim Abul Hossain causing grievous injuries on different parts of his body which led to his instantaneous death. The death was caused by the accused petition...... Magistrate of the 1st Class, Chouddagram and the Deputy Commissioner Comilla immediately for their information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 326. ...... Magistrate of the 1st Class, Chouddagram and the Deputy Commissioner Comilla immediately for their information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 326. ..

Category: Criminal Law | Date: | Hits: 58

Shawn Apparels Ltd. Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)

....it-in-opposition it appears that the customs officials dealing with the matter acted at least in a negligent way. The officers concerned are holding very responsible and higher posts in the Revenue Department of the Government and they are supposed to safeguard the interest of the state by realising......y the upp1ier from Singapore for clearance of the said fabrics and thereafter the Shipping Agent of the petitioner applied for amendment of Import General Manifest (hereinafter referred to as IGM) on payment of requisite fees under section 45 of the Customs Act and the IGM was amended and the name o......ecretary of Finance (IRD), 2) Secretary, Ministry of Commerce, 3) Chairman, the National Board of Revenue for necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 316. ..

Category: Fiscal/Taxation Law | Date: | Hits: 83

Rabia Bashri Irene and another Vs. Bangladesh Biman Corporation, represented by MD. & another, 2000, 29 CLC (HCD)

....etitioners accepted the terms and conditions as contained therein. Thereafter Bangladesh Biman Corporation issued individual letter of appointment dated 27th April, 1993 to all of them. And they form part of a batch of appointees known as Batch 28. After that they were required to sign individual co......pondents are to take steps accordingly without delay. In the result, these Rules are made absolute without any order as to costs. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 308. ......pondents are to take steps accordingly without delay. In the result, these Rules are made absolute without any order as to costs. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 308. ..

Category: Employment/Service Law | Date: | Hits: 113

Golam Mostafa (Md.) and 2 others Vs. Bangladesh Jute Mills Corporation and others, 1999, 28 CLC (HCD)

....(5) and asked the petitioners to show cause as to why they shall not be dismissed from service within 7 days from the date of receipt of the second show cause notice under Memo No. BJMC/proceedings Departmental case-214(HO) 637 dated 6-11-97. The petitioners on receipt of the same asked the responde...... any of the office bearers, the receipt of an amount on account of selling of goodwill of BJMC Football team by the petitioners is not proved and could not produce documentary evidence of receipt and payment such huge amount of sale of goodwill by the petitioners. It appears that the respondents hav......es are made absolute without any order as to costs. The respondents are accordingly directed to reinstate the petitioners in service. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 299. ..

Category: Employment/Service Law | Date: | Hits: 87

Lakshmi Bazar Shahi Masjid Committee and another Vs. St Francis Xavier’s Girls High School, 1999, 28 CLC (HCD)

....vil Procedure appears in the list today as Item No. 2 in the name of Mr. Korban Ali, the learned Advocate for defendant-petitioners and SS Halder, the learned Advocate for the sole plaintiff-opposite party. Learned Advocate for the petitioners remain unrepresented. The learned Advocate for the sole ......ranted at the time of issuance of the Rule stands vacated. Let a copy of this judgment be sent to the concerned Court below immediately. Ed. This Case is also Reported in: 51 DLR (1999) 557. ......ranted at the time of issuance of the Rule stands vacated. Let a copy of this judgment be sent to the concerned Court below immediately. Ed. This Case is also Reported in: 51 DLR (1999) 557. ..

Category: Property Law | Date: | Hits: 68

Maksuda Akhter Vs. Md. Serajul Islam, 1999, 28 CLC (HCD)

.... in Family Execution Case No. 3 of 1998 by the 4th Court of the Additional Assistant Judge, Dhaka, rejecting application, of the decree holder dated 4-11-98 for directing the judgment debtor opposite party Md. Serajul Islam to suffer imprisonment, for failure to pay installment of the decretal money...... No. 51 of 1997. The Executing Court allowed the judgment debtor to pay the decretal amount by 40 equal instalments, each installment being for Taka 19,875.82 only to be paid by each month. Order for payment by instalment was passed on 22 First instalment was to be paid from July ‘98. The judgment......red on his own application and in case of failure the law will come into force in the manner as aforesaid. No order is passed as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 554...

Category: Family Law | Date: | Hits: 162

Monowara Begum Vs. Atiqullah, 1999, 28 CLC (HCD)

.... 2. The short facts relevant are that, the petitioners being plaintiff instituted SCC Suit No. 8 of 1994 before the SCC Judge and Assistant Judge, 3rd Court, Dhaka for eviction of the tenant opposite party No. 1 from the shop room No. 2 in the ground floor of holding No. 20 Islampur Road within PS K......dge, 3rd Court, Dhaka for eviction of the tenant opposite party No. 1 from the shop room No. 2 in the ground floor of holding No. 20 Islampur Road within PS Kotwali, Dhaka on the ground of default in payment of monthly rent claiming opposite party No. 1 to be their monthly tenant. The petitioners al......rt, Dhaka is hereby set aside. The stay granted earlier by this Court is hereby vacated. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (1999) 550...

Category: Property Law | Date: | Hits: 57