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Selim (Haji Md) Vs. Collector of Customs and others, 2001, 30 CLC (HCD)
.... (c) In the case of any other goods, on the date of payment of duty: Provided that if a bill of entry is presented in anticipation of arrival of a conveyance by which the goods are imported, the relevant date for the purpose of this section shall be the date on which the manifest of the conveya......r the reasons and discussions made above, we find no merits in these Rules. In the result, the Rules are discharged. No order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 287.......on (Special Original Jurisdiction) Present: Abu Sayeed Ahammed J Mirza Hussain Haider J Selim (Haji Md)………………………………. Petitioner Vs. Collector of Customs and others ………………..Respondents Judgment October 31, 2001. Cases Referred To- ......r the reasons and discussions made above, we find no merits in these Rules. In the result, the Rules are discharged. No order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 287...Category: Fiscal/Taxation Law | Date: | Hits: 62
.... demand in the prescribed form as provided under section 12(2) of the Act after making an assessment under section 10(2) of the Act. As assessment has to be made within 6(six) years of the end of the relevant assessment year, subject to the provision laid down in section 28(1) of the Act.
(c) She......and in that view of the matter cannot get any refund.
In the result, the Rule is discharged without however any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 230.
......
(Special Original Jurisdiction)
Present:
Mahfuzur Rahman J
MA Aziz J
Nisha Rani Devi…………………Petitioner
Vs.
National Board of Revenue, Peoples Republic of Bangladesh and others….……Respondents
Judgment
July 21, 1998.
Cases Referred To-
Commissione......e of the provisions of sub-section (1) of section 12.
(3) If the Deputy Commissioner of Taxes is not so satisfied he may, after (calling for) such further particulars and such books of account and documents as he may require, determine the tax payable.
(4) If the return under sub-section (1) h..
Category: Fiscal/Taxation Law | Date: | Hits: 69
Tofazzal Hossain (Md) and others Vs. Momtaz Begum & others, 1999, 28 CLC (HCD)
....and in the light of the observations made in the body of the judgment. The only ground of objection in the aforesaid revision urged by the petitioners at the hearing of the revision case was that the relevant SA Khatian containing the name of the pre-emptor, along with others, was not legally brough......turia in Miscellaneous (Pre-emption). No.5 of 1995 allowing pre-emption are affirmed. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 223........ Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 223....... to the case jote and she is not competent to maintain the pre-emption case. 4. At the trial, the pre-emptor examined 3 witnesses and contesting opposite parties examined 4 witnesses and exhibited documents in support of their respective cases. 5. The learned Assistant Judge by his impugned ju..Category: Property Law | Date: | Hits: 31
Anil Kumar Ghosh Vs. Shamir Kumar Ghosh, 2001, 30 CLC (HCD)
....29 and No. 55568 in class 29 are expunged from the register of the Trade Marks and the Registrar is directed to rectify the same accordingly. Ed. This Case is also Reported in: 54 DLR (2002) 273.......New Baghabari Khati Gawa Ghee”. 11. No affidavit-in-opposition has been filed in the Trade Mark Application No. 2 of 2000. 12. I have considered the applications, affidavit-in-opposition and papers annexed to them. It is settled law that this Court will not interfere with the discretion exe......ection 46 of the Trade Marks Act, 1940 for rectification of the Register of Trade Marks by removal of the registered trade mark No. 38902 in class-29 from the Register are taken together as the facts and law points involved are similar. 2. The facts of Trade Mark Application No. 3 of 2000, as sta......29 and No. 55568 in class 29 are expunged from the register of the Trade Marks and the Registrar is directed to rectify the same accordingly. Ed. This Case is also Reported in: 54 DLR (2002) 273...Category: Intellectual Property Law | Date: | Hits: 200
Dr. Mohiuddin Khan Alamgir Vs. Government of the People’s Republic of Bangladesh, 2010, 39 CLC (AD)
.... rejection of nomination paper set aside in accordance with law, are of no consequence. The leave petition is accordingly dismissed. Ed. This Case is also Reported In: 62 DLR (AD) (2010) 425.......ng for the petitioner and Mr Mahmudul Islam, the learned Counsel appearing for the respondent Nos.2-3 and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 13. It appears that the High Court Division relied on the case of AKM Mayeedul ......R (AD) 208; AFM Shah Alam Vs. Majibul Huq, 41 DLR (AD) 68; Mahmudul Haque (Md) Vs. Md Hedayetullah 48 DLR (AD) 128. Lawyers Involved: Rokonuddin Mahmood, Senior Advocate instructed by Bivash Chandra Biswas, Advocate-on-Record—For the Petitioner. Mahmudul Islam, Senior Advocate (Probir Ne...... rejection of nomination paper set aside in accordance with law, are of no consequence. The leave petition is accordingly dismissed. Ed. This Case is also Reported In: 62 DLR (AD) (2010) 425...Category: Election Law | Date: | Hits: 127
Kalandiar Kabir Vs. Bangladesh and others, 2002, 31 CLC (HCD)
.... of any evidence to be produced in Court in spite of attempts made by the prosecution and there is possibility of his immediately repeating the same activities in a similar manner. We have quoted the relevant observation of the court in this judgment earlier. The above observation was made in line w......ntral Jail, Dhaka is being held in custody without any lawful authority and he be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (2002) 258. ...... Ed. This Case is also Reported in: 54 DLR (2002) 258. ......ntral Jail, Dhaka is being held in custody without any lawful authority and he be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (2002) 258. ..Category: Constitutional Law | Date: | Hits: 195
Nure Alam and others Vs. State, 2002, 31 CLC (HCD)
....for both the Bench and the Bar to find out the material substance of the cross-examination and on our meticulous reading the whole evidence we find that the cross examination is full of fishing and irrelevant questions which is highly discouraged. 11. PW1 Md. Kismot Ali, the informant of the case......oner, Tangail will take immediate step to secure his arrest to serve out the sentence. Send down the lower Court’s record immediately. Ed. This Case is also Reported in: 54 DLR (2002) 242. ...... Ed. This Case is also Reported in: 54 DLR (2002) 242. ......iction could be brought out by the defence except some omissions. He denied the defence suggestion that he did not investigate the case properly. 36. We have perused the case records, the relevant documents, the exhibits, the evidence on record and also the impugned judgment. PW1, the informant, ..Category: Criminal Law | Date: | Hits: 42
Parimal Chandra & others Vs. Shaheda Begum and others, 1999, 18 CLC (HCD)
....y wrong in practically re-hearing the appeal in the garb of review and set aside his own clear findings, arrived at in the appeal after full-dressed hearing of the contending parties on illegal and irrelevant. The learned Advocate further submits that the learned Court of appeal below evidently erre......rdinate Judge, Barguna in Title Suit No.18 of 1987 decreeing the suit are maintained. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 206.......s immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 206.......e been paying rent regularly to the Government Acquired Estate. 4. At the trial, the plaintiffs examined three witnesses while the contesting defendants also examined three witnesses and exhibited documents in support of their respective case. 5. The learned Subordinate Judge on consideration ..Category: Procedural Law | Date: | Hits: 81
Bashiruddin (Md) Vs. Bangladesh and others, 1999, 18 CLC (HCD)
....nsequently action of the Divisional Commissioner was not sustainable in law has referred to a decision reported in 4 BLD (AD) 36. The decision referred to by the learned Advocate would have been a relevant one had there been any case of violation of principle of natural justice in the instant cas...... inviting bid through open tender; that the fishery in question used to be leased out for 3 years, that the Deputy Commissioner, Sunamgonj on 15-3-1998 invited bid through Tender published in the newspapers to lease out the fishery in question, that bid in the previous term i.e. 1402-1404, was at Ta......2000) 201.......t of the petitioner is not a merited one. 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) 201...Category: Property Law | Date: | Hits: 33
Mahbubul Huq (Md) Vs. Md. A Kader Munshi & others, 1999, 18 CLC (HCD)
....e copy of this judgment and order. The office is hereby directed to send a copy of this judgment to the trial Court at the earliest. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 194.......vision in a separate paper book at the time of hearing of the leave petition, but the Hon’ble Appellate Division has neither referred the said Paper Book nor discussed or gave any findings on those papers in its judgment and order dated 21-8-97 rejecting the Leave Petition. In the aforesaid facts ......gment August 10, 1999. Cases Referred To- Naeem Finance Limited & another Vs. Bashir Ahmed Rafique, Administrator, Muslim Insurance Co Ltd & another, 23 DLR (SC) 81; Shahabuddin (Md) and another Vs. Habibur Rahman and others, 50 DLR (AD) 99; Sreemati Pushpa Rani Das and another vs. ......1-8-97, he found that the certified copies of the Exhibits. A and B filed before the Hon’ble High Court Division on 2-11-1994 were forged, fabricated and false and on consideration of the said fake documents, the superior Courts ultimately dismissed his suit. The plaintiff further alleged that aft..Category: Property Law | Date: | Hits: 64
Khorshed Alam (Md) Vs. Subordinate Judge and Artha Rin Adalat No. 1 and others, 2001, 30 CLC (HCD)
....he Subordinate Judge and Artha Rin Adalat No. 1, Sadar, Chittagong in Mortgage Execution Case No. 6 of 1997 contained in Annexures-E and E-1 respectively have been called in question. 2. The facts relevant for the purpose of disposal of this Rule are as follows: The respondent No. 2, the City Ban......date. Let a copy of this judgment be served upon Mr. Mahbubul Islam, the Judge-in-Charge (now Joint District Judge) for future guidance. Ed. This Case is also Reported in: 54 DLR (2002) 239. ......Division (Special Original Jurisdiction) Present: Md. Abdul Matin J Md. Marzi-ul-Huq J Khorshed Alam (Md)………………………………… Petitioner Vs. Subordinate Judge and Artha Rin Adalat No. 1 and others………………………Respondents Judgment November ......date. Let a copy of this judgment be served upon Mr. Mahbubul Islam, the Judge-in-Charge (now Joint District Judge) for future guidance. Ed. This Case is also Reported in: 54 DLR (2002) 239. ..Category: Civil Law | Date: | Hits: 76
Abdus Salam Vs. Md. Munshi Rashed Kamal & another, 2002, 31 CLC (HCD)
....quashed as further proceeding of the case is an abuse of process of the Court and law. The offence which falls under the provision of Negotiable Instruments Act as stood in 6th July, 2000 and that is relevant for our purpose which runs as follows: Section 138 of Negotiable Instruments Act.” ......viso to section 138 of the Act, on the failure of the petitioner to pay the amount within 15 days of the receipt of the notice of the complaint. 19. We have perused the petition and other relevant papers including the counter-affidavit filed by the complainant-opposite party which were appended w......ashed Kamal & another………………. Opposite-Parties Judgment March 10, 2002. Cases Referred To- Mir Mohammad Ali vs. State 46 DLR 175; SM Anwar Hossain vs. Md. Shafiqul Alam (Chand); another 1999 BLD (AD) 166 = 4 BLC (AD) 106. Lawyers Involved: Md. Khurshid Alam Khan, Ad......stay granted earlier by this Court is vacated. Let a copy of this judgment be sent to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 54 DLR (2002) 234. ..Category: Criminal Law | Date: | Hits: 62
Elders Ltd. Vs. Sunil Chandra Chowdhury & another, 2002, 31 CLC (HCD)
....ted for contempt of Court and punished accordingly for disregarding and flouting the order date 29-3-2001 passed by this Court in Trade Mark Application No. 1 of 2001. 2. The short facts which are relevant for proper disposal of the case may be stated as follows: The petitioner is owner of Tra...... sentence him to pay fine of Taka 2,000 (two thousand) only and in default to suffer simple imprisonment for a period of 15 (fifteen) days. Ed. This Case is also Reported in: 54 DLR (2002) 227. ......Court Division (Civil Statutory Original Jurisdiction) Present: Syed Amirul Islam J Sikder Maqbul Huq J Elders Ltd………………………………….Petitioner Vs. Sunil Chandra Chowdhury & another………………… Contemner-Opposite Parties Judgment Februar...... sentence him to pay fine of Taka 2,000 (two thousand) only and in default to suffer simple imprisonment for a period of 15 (fifteen) days. Ed. This Case is also Reported in: 54 DLR (2002) 227. ..Category: Intellectual Property Law | Date: | Hits: 181
Santi Bhusan Deb Vs. Principal Officer, Samabaya Bank Ltd., 2001, 30 CLC (HCD)
....Miscellaneous Appeal No.127 of 1992 reversing the judgment and order dated 9-6-1992 passed by the learned Senior Assistant Judge, Sadar, Comilla in Rent Control Case No. 59 of 1991. 2. Short facts relevant for disposal of the Rule are that the petitioner-respondent instituted House Rent Control C......e affirmed. The order of stay granted by this Court stands vacated. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 224. ......amabaya Bank Ltd ……………………Opposite Party Judgment October 25, 2001. Lawyers Involved: Abdul Latif, Advocate—For the Petitioner. Abdul Baset Majumder with Yeasmin Begum and Rana, Advocates—For the Opposite Party Appellant Bank. Civil Revision No. 2273 of 1994. ......e affirmed. The order of stay granted by this Court stands vacated. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 224. ..Category: Property Law | Date: | Hits: 34
Mafizul Hoq Bebu (Md) Vs. Majida Begum and others, 2001, 30 CLC (HCD)
....deed of gift dated 30-9-1990 and for declaration that by those deeds the defendant No. 1 did not acquire any title in the suit land. For the disposal of the instant suit the expert’s opinion is not relevant and the defendant No. 1 tiled the instant application only to delay the disposal of the sui....... 1. The plaintiff opposite party No. 1 asked about the matter to defendant No. 2 who replied that in 1993 the defendant No. 1 brought her in Dhaka twice and took left thumb impressions in some blank papers in an office saying that in order to get loan those LTIs of the defendant No. 2 are necessary...... High Court Division(Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Hasan Foez Siddique J Mafizul Hoq Bebu (Md)……….……………… Petitioner Vs. Majida Begum and others……………..Opposite Parties Judgment December 10, 2001. Lawyers Involved: ......e is hereby re-called and vacated. The learned Subordinate Judge is directed to dispose of the suit in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 219. ..Category: Property Law | Date: | Hits: 28
Jiban Bima Corporation represented by its MD Vs. Md. Mohibul Majid and another, 1999, 28 CLC (HCD)
.... in Title Execution Case No.2 of 1987 rejecting the petitioners prayer for execution of the decree for permanent injunction under Order 21 rule 32(1) of the Code of Civil Procedure. 2. Short facts relevant for the purpose of the case are that the petitioner as plaintiff instituted a suit in the 1...... within 3 months from the date of receipt of the order. Communicate the order to the leaned Assistant Judge, 4th Court, Dhaka at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 186. ......High Court Division (Civil Revisional Jurisdiction) Present: Gour Gopal Saha J Jiban Bima Corporation represented by its MD…………………….Petitioner Vs. Md. Mohibul Majid and another…………………………………….Opposite Parties Judgment March 23, 199...... within 3 months from the date of receipt of the order. Communicate the order to the leaned Assistant Judge, 4th Court, Dhaka at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 186. ..Category: Procedural Law | Date: | Hits: 79
State Vs. Moslem, 2002, 31 CLC (HCD)
....r to Tara Mia, local Chowkider PW 10 and, thereafter, he was handed over to Mozhorul Huq alias Maher Dewan, Chairman of Union Parishad, PW 17 Condemned prisoner gave self contradictory versions and irrelevant statements. Condemned Prisoner, thereafter, was handed over to Singair Police Station on 19......upon condemned prisoner is maintained and Death Sentence imposed upon him is confirmed. Sentence shall be executed ill accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 116. ......………..….Condemned Prison Judgment October 30, 2002. Cases Referred To- Abdus Samad Vs. State, 16 DLR (SC) 261; Tulsi Gangota Vs. Emperor, 34 Criminal Law Journal 395; Hazer Ali Mandal and others Vs. State, 37 DLR (AD) 87; Nazir and Others Vs. State, PLD 1962 (SC) 269. Lawyer......upon condemned prisoner is maintained and Death Sentence imposed upon him is confirmed. Sentence shall be executed ill accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 116. ..Category: Criminal Law | Date: | Hits: 82
.... this order. Communicate the order to the Courts below.
The application for vacating the order of stay is disposed of accordingly.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 176.
...... this order. Communicate the order to the Courts below.
The application for vacating the order of stay is disposed of accordingly.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 176.
......(Criminal Revisional Jurisdiction)
Present:
Kazi Ebadul Hoque J
Sikder Maqbul Huq J
Shebait Mohanta Sree Kedar Nath Achari…..…………………….Petitioner
Vs.
Sree Khitish Chandra Bhattacharya and anr…………………Opposite Parties
Judgment
December 9, 1999.
...... other properties under the said Akhra and the second party petitioner did not examine himself but examined two witnesses in support of his claim of possession. Both the parties also produced several documents in support of their respective cases. On consideration of the same learned Magistrate decl..
Category: Criminal Law | Date: | Hits: 32
Muslim (Md) Vs. Abdul Motaleb and others, 2001, 30 CLC (HCD)
.... of law which has occasioned failure of justice. 10. Mr. Ahmed to substantiate his argument has cited a large number of decisions before this court, which I consider it, pertinent to reproduce the relevant observation from the cited decisions. 11. In the case of Commander (Retd) AA Chowdhury V......ored. The order of status quo in respect of the possession granted earlier by this Court is vacated. Send down the lower Court records. Ed. This Case is also Reported in: 54 DLR (2002) 196.......DLR (2002) 196.......her contends that the Judgment of the appellate Court is not a judgment of reversal inasmuch as the trial Court specifically found that the defendant could not produce agreement, receipt or any other documents nor even any oral evidences by any DWs to prove or to substantiate claim of the defendants..Category: Property Law | Date: | Hits: 33
Hossain Vs. Customs, Excise and VAT Appellate Tribunal and others, 2001, 30 CLC (HCD)
....racted finishing agent according to the letter of credit or to have the country’s hard-earned foreign currency refunded to the appellant. Ed. This Case is also Reported in: 54 DLR (2002) 193. ......rn the goods to the supplier. The appellant further claimed that he has no intention to evade the customs duty. The appellant appeared before the respondent No. 2 in person and produced all necessary papers and documents in connection with the shipment of the goods. The respondent No. 2 had not acce......3. ......her goods of similar nature, that is DOP, was filled up in the drum instead of finishing agent. Customs duties were paid by the appellant according to the invoice, letter of credit and other shipping documents but at the time of taking delivery of the goods it was detected by the customs detective t..Category: Fiscal/Taxation Law | Date: | Hits: 70
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