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Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)
.... learned brother has already discussed and observed very clearly the legal aspect on this point in view of case laws cited before us. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 125. ......ny. The object Order 38 rules 5 and 6 is not to pass an order like the present one which has the effect of stoppage of the business activity for attachment of the bills before judgment. We are of the view that the order complained of is not contemplated under Order 38 rules 5-6 CPC. It is to be noti..Category: Procedural Law | Date: | Hits: 118
Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)
....accordance with law on the evidence adduced by the parties, if any. Send down the copy of this judgment and order to Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 545.......erim mandatory injunction and this Court has duty considered the same being competent to do so as per provisions of section 115(1) of the Code as it was at the time of issuing of the Rule and also in view of the ruling in the case between Safaruddin and others Vs. Fazlul Haque, reported in 49 DLR (A..Category: Civil Law | Date: | Hits: 74
AKM Shahidul Hoque Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)
....l get a decree for 2,43,505 + 3,66,225.81 = Taka 6,09,730.81 with interest at the rate of 10% from the date of the decree till realisation. Ed. This Case is also Reported in: 56 DLR (2004) 538. ......t of the work done or the goods delivered which is the basis for the claim for compensation under section 70 must be voluntary. Cf. Pannalal Vs. Deputy Commissioner, Bhandara, (1973) 1 SCC 639. In view of the above legal position, the entire defence based on want of approval of the Hospital autho..Category: Civil Law | Date: | Hits: 99
....er of stay granted earlier by this Court stands vacated. Let a copy of the judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 49....... then Pakistan Government and the plaintiff after failing to get back the suit property by way of de-requisition filed the instant suit for declaration of title and recovery of khas possession and in view of the bar imposed by the provisions of section 14A of the (Emergency) Requisition of Property ..
Category: Property Law | Date: | Hits: 64
Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)
....d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ......oreover the decision taken by the Division Bench of this Court presided by Mr. Sharif Uddin Chaklader J will also not create any bar for passing order in this case because my learned brother took the view that the Court can not pass any order to RAB for investigating a case without the sanction of t..Category: Criminal Law | Date: | Hits: 76
Abdul Quddus Vs. Syed Moinul Ahsan Sajjad, 2010, 39 CLC (HCD)
....ipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 1, 15 BLC (HCD) (2010) 321, 16 BLC (HCD) (2011) 166. ......ht to act as guardian in any matter, but when the Court is satisfied that it is for welfare of children that an order should be made for their custody the Court may make an order accordingly. In view of such facts I hold that the order of the Court of appeal below is not just and proper which i..Category: Family Law | Date: | Hits: 171
....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.
......ship for debiting the account in access in total Taka 2,85,24,630. It however, rejected the claim of the plaintiffs for Taka 1,00,00,000 on the account of business loss or mental suffering. Upon such view, learned Subordinate Judge decreed the suit in part for Taka 2,85,24,630 with interest at the r..
Category: Civil Law | Date: | Hits: 92
.... 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.
......ccount of the Government. But the value added tax shall have to be paid by the petitioner as one of its consumers. Therefore, the petitioner is liable to pay VAT on the impugned telephone bill.
In view of the above, the Rule is discharged without any order as to cost. Stay order granted earlier i..
Category: Fiscal/Taxation Law | Date: | Hits: 138
Animal Protection Society Chittagong Vs. Laxman Chadra Das & others, 2003, 32 CLC (HCD)
....he deposit account of the Public Account of the Republic as provided under section 10(2) of the Ordinance. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 522. ......s the Ordinance. Plaintiff opposed the application by filing a written objection against the prayer on 28‑2‑2000. The learned Subordinate Judge by impugned decree rejected the plaint on the view that the suit was barred under sections 43/44 of the Ordinance. 4. Mr. Subrata Chowdhury, th..Category: Property Law | Date: | Hits: 61
Abdul Gafur alias Kana Mia and others Vs. Md Nurul Islam, 2004, 33 CLC (HCD)
....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. ......eported in 49 DLR (AD) 159 cited by the opposite party, it was held‑ "It is absolutely clear that unless the document is filed in Court, the Court cannot make a complaint. In the present case in view of the positive finding of the High Court Division and on the failure of the learned advocate t..Category: Criminal Law | Date: | Hits: 94
IFIC Bank Ltd. and others Vs. Beximco Holdings Ltd. and others, 2004, 33 CLC (HCD)
....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.......tiff made out a good prima facie case for trial and the defendants failed to controvert by any papers in showing that the plaintiffs did not pay more than 300 percent of the principal loan. Upon such view, learned Joint District Judge allowed the application and granted temporary injunction as praye..Category: Civil Law | Date: | Hits: 71
Abdur Rashid Chowdhury Vs. CA Hamid and Co. Ltd. and others, 2005, 34 CLC (HCD)
....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. ......ering in or removing name of a person from the register the Court will not be powerless to exercise its discretion upon any of such grounds even after omission of the word 'fraudulently'. I am of the view that what is done fraudulently' cannot be said to have not been done 'without any sufficient ca..Category: Company Law | Date: | Hits: 232
Rafiqul Alam (Md.) MD Dhaka Mercantile Co‑operative Bank Ltd. Vs. State, 2004, 33 CLC (HCD)
.... 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. ......sion for causing audit of the affairs of the Society every year and in the absence of the contrary, it may be presumed that there have been proper audited accounts of the bank every year and, in that view of the matter, we hold that the allegation of misappropriation of money is based upon distorted..Category: Criminal Law | Date: | Hits: 89
Safiqur Rahman (Md.) and others Vs. Ambia Khatoon and others, 2004, 33 CLC (HCD)
.... 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. ....... According to the learned Advocate, the Miscellaneous Case No.39 of 2001 under Order IX, rule 9 of the Code of Civil Procedure for restoration of the pre‑emption proceeding was not maintainable in view of section 96(13) of the State Acquisition and Tenancy Act which provides for an appeal to the ..Category: Property Law | Date: | Hits: 52
SMA Matin Sarker Vs. Bangladesh Jute Mills Association and another, 2004, 33 CLC (HCD)
....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. ......ed in 1946 2 All England Law Reports, 197. The above quotation was described by Lord Greene, MR. while delivering the said judgment as the statement of the correct law on the point involved. The same view also has been taken by other courts. In the instant case precisely this is one of the grounds o..Category: Employment/Service Law | Date: | Hits: 144
....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.
......f the Hon'ble Finance Minister (Annexure-D series) but the Hon'ble Minister by his letter dated 31‑8‑2003 (Annexure-E) regretted the contentions raised by the petitioners, rather, agreed with the views of the respondent No.1.
5. As such, the petitioners issued a notice demanding justice on 3â..
Category: Employment/Service Law | Date: | Hits: 99
....Â1994 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.
......petitioners have already paid the required amount for 91,200 units and an affidavit of compliance has also been filed before this court showing payment of Taka 6,84,000 being price for 91,200 KWH. In view of the order passed by the Appellate Board on 15‑6‑1997 which has been quoted in paragraph ..
Category: Others | Date: | Hits: 135
Al-Imran Ali and others Vs. Sudangshu Kumar Banik and others, 2004, 33 CLC (HCD)
....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.......nounced before the death took place". 8. Since admittedly, the defendant No.3 was not contesting the suit his heirs need not be impleaded in the suit as per the above provision of the Code. In our view thereof the learned Assistant Judge appears to have committed an error of law in passing the im..Category: Property Law | Date: | Hits: 50
Rezaul Karim Razu Vs. State, 2004, 33 CLC (HCD)
....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. ...... form 1 only by the Government (2) A copy of every licence granted under sub-rule (1) shall forthwith be sent to the District Magistrate of the District in which such place is situated." 10. In view of the aforesaid provision of Rule 30 of the Arms Rules the Court found that no licence is requ..Category: Criminal Law | Date: | Hits: 78
....08 (Anriexure-F) and dated 3-9-2008 (Annexure-I) are hereby declared to have been passed without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 63 DLR (2011) 61.
......ion should disÂpose of the appeals expeditiously or release the persons on bail.
These decisions declaring laws on bail is part of law of the land and should be read into all the special laws, in view of Article 111 of the Constitution. It may be noticed that in section 212 of the government of ..
Category: Fiscal/Taxation Law | Date: | Hits: 140
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