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M Saleem Ullah, Advocate and others Vs. Bangladesh, 2002, 31 CLC (HCD)
....ai Math in between Road 3 and Road 4 of Block A at Section No. 12 Mirpur Housing Estate under Police Station Pallabi Dhaka, was illegally converted into a community centre, under the impugned revised part 1/5 layout plan of Section 12, Block A approved by the Chief Engineer, Housing and Settlement D......aka into residential plots and police station is hereby declared to have been made without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 1. ......aka into residential plots and police station is hereby declared to have been made without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 1. ..Category: Environmental Law | Date: | Hits: 259
....of the said statute is so clear and unambiguous merely saying that the said goods is essential petitioner cannot escape the liability of paying the said duty.
9. Schedule of a statute is very much part of the statute and inclusion or exclusion of any item in or from the schedule of the statute ca......ry duty as the same was essential and baby food item. Section 7(15) of the Finance Act, 1998 amended the Third Schedule of the VAT Act and included milk powder making the import of the same liable to payment of 2.5% supplementary duty. All the milk powders taken out of petitioner’s bonded ware-hou...... the above facts and circumstances we find no merit in this Rule.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 72...
Category: Fiscal/Taxation Law | Date: | Hits: 93
Sk Abul Kashem Vs. Abdus Samad Biswas, 1999, 28 CLC (HCD)
....of the case. 2. The short facts relevant are that, the petitioner being plaintiff instituted the Title Suit No.10 of 1991 in the Court of Subordinate Judge, Magura for declaration of title and for partition in respect of 10 annas 13 gondas one kara and one Keranti share. The opposite party being ...... to costs. The order of stay granted earlier by this court is hereby vacated. Communicate this order to the court below at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 70. ...... to costs. The order of stay granted earlier by this court is hereby vacated. Communicate this order to the court below at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 70. ..Category: Property Law | Date: | Hits: 30
.... the list of abandoned houses as contained in Gazette dated 23-9-1986 at page 9962(161) at serial No.81 of the Gazette Notification is without lawful authority and is of no legal effect.
9. Before parting, we like to observe that the case has been dismissed as barred by limitation holding that th...... predecessor purchased the case property on 13-9-76 by a registered Kabala from Begum Nessa Bibi and after purchase their predecessor constructed thereon four small huts in which they are residing on payment of Municipal taxes. The case property was duly mutated in the name of their predecessor late......f Public Works and Urban Development for information at once.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 67...
Category: Property Law | Date: | Hits: 28
Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)
.... Dr. Abeda Begum and others..............Petitioners Vs. Public Service Commission and others…………..Respondents Judgment May 18, 2006. Result: The Rule is made absolute in part. Cases Referred to- Principal, Chittagong Medical College and others vs. Shahrayar Murshe...... expeditiously. Communicate a copy of the judgment immediately to the respondent No. 1 PSC for taking necessary steps expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 182. ...... expeditiously. Communicate a copy of the judgment immediately to the respondent No. 1 PSC for taking necessary steps expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 182. ..Category: Employment/Service Law | Date: | Hits: 134
AMC Bennett and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....contended, pointing out Annexure H-I the purchase deeds, standing in the names of (1) Irani Ahmed (2) Afroza Sultana (3) Md. Shaheen (4) Md. Osman (5) Md. Abdul Aziz, that some of the petitioners are parties to said sale deed dated 1-2-1997 and that till the date of purchase the acquisition process ......ine affected persons and they have already been allotted plots by the respondent No. 3, and the present petitioners are not affected persons and, as such, no allotment was made in their favour. After payment of compensation to the bona fide affected persons the ADC (LA), on behalf of the Deputy Comm......petition seems to be frivolous and without any substance. Accordingly, the Rule is discharged with cost of Taka 15,000 (fifteen thousand). Ed. This Case is also Reported in: 59 DLR (2007) 178...Category: Property Law | Date: | Hits: 34
Tahera Begum and others Vs. First Court of Settlement and others, 2006, 35 CLC (HCD)
....e clearance certificate was marked to this application, as Annexure-D on 24-3-1964. 3. The aforesaid original lessee, Md. Mujtaba Siddique obtained a certificate from the Section Officer, LG Department, and Government of the then East Pakistan having his specimen signatures attested as the si......ge deed is marked as Annexure-F to this writ petition. 4. The original lessee also maintained a telephone and has been paying monthly bills regularly, he obtained a certificate in respect of payment of the telephone bills upto 1-12-1972 from the Accounts Officer, Telephone Revenue, Dhaka be......n and a copy of such application is annexed to this writ petition and marked as Annexure-B. Subsequently, the said original owner lessee filed an application being No. D-1483 asking for a sanction of loan from the House Building Finance Corporation, Zonal Officer, Dhaka and on 18-3-1964 the loan of ..Category: Property Law | Date: | Hits: 29
AVP, Uttara Bank Ltd. Vs. Shahabuddin Khan and others, 2006, 35 CLC (HCD)
....9 passed by the Senior Assistant Judge, Gafargaon, Mymensingh in Other Suit No. 53 of 1994 decreeing the suit. 2. The facts leading to the issuance of the Rule, in brief, are that the opposite party No. 1 as a plaintiff filed Other Class Suit No. 196 of 1992 in the Court of the Senior Assista...... cost. Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 166. ...... cost. Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 166. ..Category: Employment/Service Law | Date: | Hits: 69
Mirzaboo Steels Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....lpa Rin Sangstha. The respondent No. 4, Investment Corporation of Bangladesh, made the bridge financing and respondent No. 5, Arab Bangladesh Bank Limited through respondent No. 6, its branch office, participated in the working capital financing of the project. It is the claim of the petitioner comp......scharged. In the result, the Rule is discharged without any order as to costs. The stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 141. ......rab Bangladesh Bank Limited instituted a Mortgage Suit being No. 71 of 1995 on 13-9-1995 in the court of Subordinate Judge (now the Joint District Judge), 1st Artha Rin Adalat, Chittagong against the loanee, the petitioner company as defendant for recovery of loan amounting to Taka 3,40,94,500.93 ..Category: Civil Law | Date: | Hits: 133
Monir Hossain Vs. Artha Rin Adalat No.4, Dhaka & others, 2010, 39 CLC (AD)
.... outstanding loan stood at Tk.85,66,535.00/- as on 21st July, 2000. 4. The defendant No.5, the predecessor-in-interest of the petitioner filed written statement asserting that the defendant is the partial owner of Serial Nos.1 and 2 of the properties as described in schedule 'Ka' and he was in po......er of Attorney was executed in favour of the Bank for mortgaging the same. The respondent Nos. 4-6 (defendant Nos. 2-4) also executed all necessary documents in favour of the bank as a security for repayment of the loan including personal guarantee. Respondent Nos. 3-6 availed the loan and purchased......operty described in the schedule to the plaint. In order to expand the said business the respondent No. 5 (defendant No. 3) on 22nd September, 1998 filed an application to the plaintiff bank for HPSM loan. The plaintiff bank thereupon sanctioned a loan of Tk. 30,00,000/- (thirty lac) to purchase two..Category: Civil Law | Date: | Hits: 78
....ion for leave to appeal is directed against the judgment and order dated 09.11.2004 passed by a Division Bench of the High Court Division in Writ Petition No. 4695 of 2002 making the Rule absolute-in-part.
2. Short facts are that the respondent No. 1 filed the aforesaid writ petition challenging ......assessment of the materials on record. There is, therefore, no reason to interfere with the same. The petition is accordingly dismissed.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 194.......assessment of the materials on record. There is, therefore, no reason to interfere with the same. The petition is accordingly dismissed.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 194...
Category: Others | Date: | Hits: 92
Mrs. Zinnatul Ara and others Vs. Bangladesh, 2009, 38 CLC (AD)
....vision rightly dismissed the Civil Petition for Leave to Appeal. Since no new point is raised, this petition for review is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 185.......haser which was also wrongly upheld by this Division in disposing of the civil petition. He further submits that since by this time the petitioners deposited Tk.75 lacs, auction could be set-aside on payment of solatium in favour of the auction purchaser. 5. We have heard the learned Advocate for......vision rightly dismissed the Civil Petition for Leave to Appeal. Since no new point is raised, this petition for review is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 185...Category: Civil Law | Date: | Hits: 85
....n 29-6-2004 praying for an issuance of the necessary NOC (Annexure 'C'). It is apparent from this application that this marked the beginning of an unduly protracted exercise of futile attempts on the part of the petitioner to petition the respondent Ministry for the issuance of the NOC. These futile......e observations and direction made above.
Communicate a copy of this judgment to the respondent at once.
There is no order as to costs.
Ed.
This Case is also Reported in: 59 DLR (2007) 131.......e observations and direction made above.
Communicate a copy of this judgment to the respondent at once.
There is no order as to costs.
Ed.
This Case is also Reported in: 59 DLR (2007) 131...
Category: Information Technology Law | Date: | Hits: 171
Abdul Malek (Md) and another Vs. Sanowar Hossain and others, 2007, 36 CLC (HCD)
.... Safiullah with Md Ali Jinnah, Advocates—For the Opposite Party No. 1. Civil Revision No. 3107 of 2003. Judgment Moyeenul Islam Chowdhury J.- This Rule was issued calling upon the opposite party No. 1 to show cause as to why the impugned judgment and order dated 29-5-2003 passed by the Jo......ndivided consequently, their liability to pay rent to the immediate landlord also remains joint. There is nothing common amongst the co-sharer tenants excepting their joint liability in the matter of payment of rent, and they ceased to be co-sharers for all practical purposes, Now, if a portion or s......er passed by the Court of Appeal below is affirmed. Let the lower Court records along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 124. ..Category: Property Law | Date: | Hits: 39
Chairman, RAJUK Vs. Abdul Matin Crore, 2006, 35 CLC (HCD)
....ting to Taka 96,52,000 as the highest bidder. Thereafter, defendant vide its Office Letter dated 23-1-1990 issued letter of allotment in favour of the plaintiff. The defendant induced the bidder to participate in auction showing incorrect nature of land in the auction notice published in the newsp...... between the defendant and such expenditure. Subsequently, on the prayer of plaintiff dated 28-121992, the defendant by its office Memo No. RAJUK /Estate/1320 dated 10-6-1993 extended the period of payment of third and fourth installments upto 3112-1993. On 14-6-1993 the plaintiff made an undert......llments within 31-121993. In cross-examination he denied the suggestion that as per provision laid down in section 169 of The Town Improvement Act he did not serve any notice upon them. They took loan for the purpose of construction in the said plot. He added that no paper was submitted as to lo..Category: Property Law | Date: | Hits: 31
Faruq (Md) Vs. State, 2006, 35 CLC (HCD)
....ion. Next, he submits that almost all other witnesses are police witnesses and their evidences implicating the appellant in the alleged occurrence should be discarded as they are not acceptable being partisan. Lastly, he submits that the most vital aspect of the case that the prosecution, in the ins......at liberty forthwith if he is not wanted in connection with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 104. ......at liberty forthwith if he is not wanted in connection with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 104. ..Category: Criminal Law | Date: | Hits: 27
Nurjahan Begum Vs. Nur Rahman and Others, 2006, 35 CLC (HCD)
....smissing the appeal and affirming those of the judgment and decree dated 24-9-2002 passed by the learned Joint District Judge, Court No. 1, Rangpur, in Other Suit No. 30 of 1997 decreeing the suit in part. 2. The petitioner as plaintiff filed other Suit No. 30 of 1997 in the Court of the learned ...... Joint District Judge, Court No. 1, Rangpur in Other Suit No. 30 of 1997 decreeing the suit in part is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 98....... Joint District Judge, Court No. 1, Rangpur in Other Suit No. 30 of 1997 decreeing the suit in part is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 98...Category: Property Law | Date: | Hits: 49
State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)
.... the condemned prisoner/appellant. Mr. Md. Abdul Jabbar, learned Advocate appearing on behalf of the condemned prisoner-appellant, submits that the accused was a minor at the time of his trial. In particular, he points to the order dated 22-1-2001 by which he was found to be below the age of 16 y......pressed by us in this judgment. Send down the lower Court's records along with a copy of this judgment at once. Ed. This Case is also Reported in: 59 DLR (2007) 72, 26 BLD (HCD) (2006) 549. ......pressed by us in this judgment. Send down the lower Court's records along with a copy of this judgment at once. Ed. This Case is also Reported in: 59 DLR (2007) 72, 26 BLD (HCD) (2006) 549. ..Category: Criminal Law | Date: | Hits: 167
Anhar Ahamed Chowdhury and another Vs. Md. Shamsuzzaman and others, 2006, 35 CLC (HCD)
....s appeal are, that on 12-1-1999 the respondent No. 1 as plaintiff instituted Title Suit No. 232 of 1999 in the First Court of Subordinate Judge, Dhaka for Specific Performance of Contract of sale of apartment No. 3.B at 3rd floor measuring an area 2160 square feet described in the Schedules A and B ...... supplied, the defendant No. 1 is to execute and deliver a "Deed of Agreement "in respect of sale of the said apartment to the plaintiff and to execute a "Registered Sale Deed" on receipt of the full payment and hand over the possession of the apartment by June, 1998; that the defendants relied on s...... but with no effect; that subsequently, the plaintiff came to learn that defendant No. 1 was trying to mortgage the entire apartment building including the land to the IFIC Bank at Gulshan Branch for loan; that on being confirmed about the sanction of loan by the IFIC Bank Ltd., the plaintiff tried ..Category: Business or Commercial Law | Date: | Hits: 208
....hority and is of no legal effect.
2. The short facts of the petitioner's case are, that they were regular students of Patuakhali Government College, who appeared for Honours examination from the Department of Management in the examination held in the year 2000 under the National University. From ......e said examination for the next consecutive three years is hereby declared to have been passed illegally and without any lawful authority.
Ed.
This Case is also Reported in: 59 DLR (2007) 58.
......e said examination for the next consecutive three years is hereby declared to have been passed illegally and without any lawful authority.
Ed.
This Case is also Reported in: 59 DLR (2007) 58.
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Category: Others | Date: | Hits: 72
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