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Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Cor­poration Ltd., 1982, 11 CLC (AD)

.... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ......ent that under the mort­gage deed some movable and immovable properties are being offered by way of co­llateral/auxiliary security against the cash credit facility of Tk. 90,00,000/-. It is not the case that the security is being offered against the specified amount of loan of Tk. 90,00,000/ but i..

Category: Fiscal/Taxation Law | Date: | Hits: 269

Shafi Khan Vs. Mannujan Hossain and others, 1983, 12 CLC (AD)

....ed orders allowing pre-emption are set aside and the application for pre-emption is dismissed. No order as to costs for the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ......rial Court, and the High Court Division in revision, have answered the question in the affirmative after taking into consideration two lines of conflicting decisions on this point. 2. Facts of the case, so far necessary for determination of this question, are that the land under pre-emption was s..

Category: Property Law | Date: | Hits: 77

Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)

.... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......) was not the only one that was filed in respect to the event stated therein, two other FIRs were also filed, invoking more or less same Sections, which FIRs gave rise two other and distinct criminal cases, registered as Tejgaon Police Case nos 96 and 97 respectively, which cases have also been chal..

Category: Criminal Law | Date: | Hits: 133

Md. Mohiuddin Chowdhury Vs. Rupali Bank Ltd. and others, 2011, 40 CLC (HCD)

.... without any order as to costs. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......t the petitioner and the decree holder-bank put the decree in execution by filing Mortgage Decree Execution Case No. 14 of 1997. After enforcement of the Artha Rin Adalat Ain, 2003 the said execution case was transferred to the Artha Rin Adalat No.1, Chittagong and renumbered as Artha Rin Execution ..

Category: Civil Law | Date: | Hits: 129

Bangladesh Steel and Engineering Corporation and another Vs. Md. Masood Reza and others, 1977, 6 CLC (AD)

....any learned brother Mr. Justice Munim that these appeals should be dismissed. Order of the Court. The appeals are dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 169. ...... Ex-parte-For the Respondent Nos. 4-8. Civil Appeal Nos. 36 and 37 of 1976. (From the Judgment and Order dated May 6, 1976 passed by the High Court Division in petition No.134 of 1976 in both cases) Judgment Mahmud Husain CJ. - I have had the advantage of reading in advance the separat..

Category: Others | Date: | Hits: 154

Nur Banu Vs. Noor Mohammad and others, 1983, 12 CLC (AD)

....uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ......On the ground that the tenancy has been terminated by the landlord by six months' notice in writing expiring with the end of a year of the tenancy served on the tenant in the prescribed manner in the case of tenan­cies of the class specified in clause (a): Provided that a tenant shall not be lia..

Category: Property Law | Date: | Hits: 103

AK Murshed Ahmed Vs. Md. Meher Ali and others, 1983, 12 CLC (AD)

....n it goes against him and this also not by an appropriate proceedings. For the reasons stated above, appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 178. ......ase No. 77 of 1972 was illegal, null and void. It was contended that since the defendant-appellant did not comply with the provisions section 17 (1) of the Small Causes Court Act, the miscel­laneous case was not maintainable and the court which allowed it had assumed juris­diction not vested in it..

Category: Procedural Law | Date: | Hits: 109

Alhaj Md. Chowdhury Alam and others Vs. Md. Nasiruddin Shah and others, 2004, 33 CLC (AD)

.... above, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: ......al obligation to appoint any one from the family of the last Mutwalli, High Court Division has erred in making a direction to appoint the petitioner as the Mutwalli on the principle enunciated in the case reported in 35 DLR (AD) 108. The learned Counsel lastly submitted that the Estate is a public W..

Category: Trust/Waqf Law | Date: | Hits: 148

Md. Shahidullah (Kamal) Vs. Government of Bangladesh represented by Secretary, Local Government Division, Dhaka and others, 2006, 35 CLC (AD)

....ion made by Mr. Afric." Accordingly, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: ......rieved by the said decision proposal of the Thana Nirbahi Officer made an appeal on 26.8.1998 to the Deputy Commissioner, Narsingdi who without giving him any opportunity of being heard to defend his case as well as without disposing of the petitioner's appeal as required under Rule 2(4) of the said..

Category: Election Law | Date: | Hits: 190

Government of Bangladesh Vs. Syed Md. Hyder Ali and others, 2004, 33 CLC (AD)

....iciently explained. Accordingly we do not find any illegality in the impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: ...... and thus the delay of 3 months and 13 days has not been explained, not to speak of giving sufficient cause of the delay. 4. The finding of the Appellate Tribunal is based on factual aspect of the case and in exercise of its discretion considered that the delay was not sufficiently explained. ..

Category: Procedural Law | Date: | Hits: 79

M/s. Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and others, 2003, 32 CLC (AD)

....s we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. This Case is also Reported in: ......ng the plaintiff. At this stage they also took undue advantage of the sudden demise of Mr. Aminul Huq, the former Managing Director of the plaintiff Company. That the plaintiff has strong prima facie case against the fraud of the defendant Nos.1 to 4 and approached the Court with clean hands and the..

Category: Business or Commercial Law | Date: | Hits: 208

Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)

....fs within 90 days failing which the plaintiffs will be at liberty to have possession through Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ......ore the SCC Judge (Assistant Judge), Sadar Dinajpur for ejectment of the opposite party Bidhan Kumar Dev as a tenant from the premises mentioned in the schedule of the plaint. 4. The plaintiffs’ case in short is that the suit premises originally belonged to one Binodi Lal Biswas a practicing Mu..

Category: Procedural Law | Date: | Hits: 74

Babar Ali Prodhan Vs. Kinu Mia and others, 1979, 8 CLC (AD)

....al is allowed without any order as to costs. The judgment of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 323.......tion of rent due to him and a decree was passed in the said rent suit in his favour. The decree was put in execution in Rent Ex­ecution Case No.23 of 1962 and in pursuance of the said rent execution case land appertain­ing to C.S Khatian No.65 of Mouza Bara-Gopinathpur, P.S Pirganj, District Rangp..

Category: Property Law | Date: | Hits: 60

Omed Ali Sikder Vs. Arman Sikder and others, 1979, 8 CLC (AD)

....tion are set aside and the learned Subordinate Judge is directed to dispose of the matter in the light of the ob­servations made above. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 320.......r the preliminary decree there is no limitation. It is true that such substitu­tion could be made even after passing of the final decree, that is, at the stage of execution of the decree. In instant case it was ade­quately explained that in view of the long gap between the preliminary decree and p..

Category: Property Law | Date: | Hits: 78

Babul Chandra Biswas and others Vs. Dina Bandhu Chowdhury and others, 1979, 8 CLC (AD)

.... Court of appeal below is restored. The direction given by the High Court Division for expeditious disposal of the suit is maintained. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 319. ...... Court of appeal below is restored. The direction given by the High Court Division for expeditious disposal of the suit is maintained. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 319. ..

Category: Property Law | Date: | Hits: 78

Abul Kashem and another Vs. Begum Khodeja Akhtar & others, 1979, 8 CLC (AD)

....t and decree under appeal are set aside; and the case is remanded back to the lower appellate Court for disposal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 316.......d another………………………Appellants Vs. Begum Khodeja Akhtar & others……………………Respondents Judgment June 12, 1979. Result: The appeal is allowed and the case is remanded back to the lower appellate Court. Lawyers Involved: B.N. Chowdhury, Advocate..

Category: Property Law | Date: | Hits: 79

M/s. Anath Bandhu Guha Vs. Sudhanpsu Sekar Dey alias Halder and others, 1979, 8 CLC (AD)

....f the matter we do not find any substance in this contention as well. Therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 312.......at the third question is rather misconceived, because, if the stamps were cancelled before it was filed, objection could be taken on the ground of used stamps being affixed on the instrument. In that case it would provide a better ground for rejection of the instrument by the Com­pany. In any view ..

Category: Company Law | Date: | Hits: 164

Nuvista Pharma Limited Vs. National Board of Reve­nue and others, 2010, 39 CLC (HCD)

....ustoms, Excise and VAT North Commissionerate House, Dhaka will be at lib­erty to encash the bank guarantee. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 132. ...... than three years. The respondents therefore, are illegally claiming the additional VAT in absolute violation of section 55 of the Act 1991. He submits that under section 55 of the Value Added Tax in case of any paid VAT by business entity the VAT authority shall have to serve show cause notice upon..

Category: Fiscal/Taxation Law | Date: | Hits: 181

Christian Service Society (CSS) Vs. First Labour Court, Chittagong and others, 2008, 37 CLC (HCD)

....itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ......ndent No.2. Being aggrieved the petitioner moved this application before this Court and obtained the pres­ent Rule. 3. The respondent contested the Rule by fil­ing affidavit in opposition. The case of the respon­dent No.2 is that admittedly, the petitioner is an industry/establishment as per..

Category: Labour and Industrial Law | Date: | Hits: 201

Golam Mowla Vs. Abdul Hashem, 2009, 38 CLC (HCD)

....judgment and decree of trial Court are restored and thereby, the suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 85. ......dar, Noakhali in the Title Suit No. 230 of 1982 dismissing the suit should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper." 2. The plaint case, in short, is that the plaintiff instituted the Title Suit No. 230 of 1982 in the Court of Assi..

Category: Property Law | Date: | Hits: 88