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Abu Taher Vs. State, 2005, 34 CLC (HCD)
.... was absent and he did not see the appellant in his house for 4/5 days before the occurrence. He also submits that as the prosecution totally failed to prove presence of the appellant at the material time in his house where his wife was murdered he cannot be saddled with any onus to prove his innoce......ted in any other case. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in : 58 DLR (2006) 34. ..Category: Criminal Law | Date: | Hits: 41
Sultan Uddin Ahmed Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
.... only applicable prospectively and cannot be applied retrospectively as provided by section 14( 1) of the General Clauses Act, 1897 which runs as follows: "Powers conferred to be exercisable from time to time— (1) Where, by any Act of Parliament or Regulation made after the commencement of......l machineries and to release the same within 7 days from the date of receipt of this judgment. However, there shall be no order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 31. ..Category: Business or Commercial Law | Date: | Hits: 234
World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....s. Md. Asaduzzaman Sikder, 9 BLC (AD) 1. In that case, the Water Development Board entered into a contract with a contractor for construction of several quarters quoting a price schedule which at the time of floating the tender stood replaced by new price schedule with notable increase in the price.......discharged without any order as to costs. The order of status quo granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14...Category: Information Technology Law | Date: | Hits: 321
....ctively of Writ Petition No. 28 of 2002 are illegal and without jurisdiction in view of the fact that in the 3rd Schedule at the import stage of the spare parts of CKD duties were exempted but at the time of sale VAT has been demanded on the sale price which includes the import price. Therefore, it ...... any lawful authority and are of no legal effect.
In view of the facts and circumstances of the cases there will be no order as to cost.
Ed.
This Case is also Reported in: 58 DLR (2006) 5.
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Category: Fiscal/Taxation Law | Date: | Hits: 81
Selim Reza Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
.... submitting tender to lease out the Jibannagar Shialmari Cattle Hat situated in Jibannagar Upazila. But since there was no bidder respondent No. 6 fixed 17-3-2005 for submitting tender for the second time for leasing out the said Cattle Hat. But again, having received no response, the respondent No.......Rule is made absolute without any order as to costs. The office is directed to communicate this order to the respondents for information. Ed. This Case is also Reported in: 58 DLR (2006) 1. ..Category: Others | Date: | Hits: 114
....stafa Kamal, J (as he then was) held, “the order of dismissal for default being wholly without jurisdiction the Court should vacate such order The heirs and successors of the deceased plaintiff had time upto 90 days from the date of plaintiffs death to substitute themselves as plaintiffs-Rules or ...... to file a separate application for condonation of delay. With this observation the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 502...
Category: Procedural Law | Date: | Hits: 106
Annada Prosad Das Vs. DC, Khulna and others, 2001, 30 CLC (HCD)
....dent of the territories now comprised in Bangladesh, on the 25th day of March, 1971, and continues to be so resident and is not otherwise, disqualified for being a citizen by or under any law for the time being in force; Provided that if any person is a permanent resident of the territories now c......ppeal is allowed, the judgments and decrees of the Courts below are set aside and the suit is decreed in full. No order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 496...Category: Immigration and Citizenship Law | Date: | Hits: 190
Anindra Bhusan Ghose Vs. Bangladesh Government, 2001, 30 CLC (HCD)
....l and the appeal was again contested by the said defendants and it was also dismissed. The appellate Court wrote out a very precise and long judgment. 11. It is stated by the plaintiff that at the time of returning of the land Panchanan defendant No.4 was present and he himself made the endorseme......l. For the reasons and discussions made above, I find no merits in this appeal. In the result the appeal is dismissed. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 493...Category: Property Law | Date: | Hits: 85
....t be deemed to limit or otherwise effect any special or local law in force or any special jurisdiction or power conferred or any special form of procedure prescribed by or under any other law for the time being in force. This section clearly provides that unless there is inconsistency of any specifi......ainable.
For the reasons stated above, we do not find a substance in this Rule, which is discharged without any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 488.
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Category: Civil Law | Date: | Hits: 89
Parul Bala @ Parul Rani Shah Mondol Vs. Suruj Miah and others, 2001, 30 CLC (HCD)
....for releasing the property which was sold by the defendant No.2 to the plaintiffs after the property was sold for Rs 12,000.00 which was a considerable amount and good amount for the property at that time and the money was deposited in the Treasury before 4 days of the sale, it proves bonafide on th......)68 is disposed of accordingly, the judgments and decrees of, the Courts below are set aside. The suit is decreed in full. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 481...Category: Property Law | Date: | Hits: 83
Nizam Hazari Vs. State, 2001, 30 CLC (HCD)
....inst him. 8. Special Tribunal No.14, Chittagong on consideration of evidence, both oral and documentary recorded decision that through testimonies of prosecution witnesses who were present at the time and place of occurrence prosecution cases stood proved beyond shadow of doubt. Special Tribunal......nal No.14, Chittagong in Special Tribunal Case No.757 of 1999 stand maintained. Lower Court Records be sent down immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 475. ..Category: Criminal Law | Date: | Hits: 58
Titas Gas Vs. Immense Washing Plant and others, 2001, 30 CLC (HCD)
....erred by the Court to the terms of the contract entered into with the Titas Gas for the purpose of billing. The plaintiff is not therefore, allowed to calculate the bills at its supposed rate for the time being. 12. As stated earlier, the plaintiff on 22-7-96 entered into a contract with the Tita......es of the Ministry of Law, Justice and Parliamentary Affairs, the Ministry of Power and Energy and the Chairman of the Law Commission. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 471. ..Category: Civil Law | Date: | Hits: 151
Milon @ Shahabuddin Ahmed Vs. State, 2001, 30 CLC (HCD)
....W.1 Nazi-al Islam is the father of the deceased Azhar and owner of a photo studio at Monoharpur. He narrated the prosecution case that on 1-7-1979 at about 7-30 PM he was in his photo studio. At that time he heard sound of murmur and as he came downstairs he heard from the people that his son and an...... Ahmed are hereby maintained. Send down the lower Court records along with a copy of this judgment to the Court concerned at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 464. ..Category: Criminal Law | Date: | Hits: 35
Abdus Sukur (Md.) and others Vs. Bhasani Mandal and another, 2001, 30 CLC (HCD)
....ed the suit land to one Sufia Khatun by a registered deed of sale being deed No. 1126, exhibit 5 and delivered possession. Sufia Khatun got her name mutated and possessed the suit land for quite some time on payment of rents and then, on 9-12-1977 she transferred by a registered kabala being deed No......gment and decree of the Court of appeal below are set aside and those of the trial Court are hereby restored. Send down the records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 452...Category: Property Law | Date: | Hits: 75
State Vs. Md. Shamim alias Shamim Sikder and others, 2000, 29 CLC (HCD)
....d. 5. The defence plea of the condemned prisoner and other accused appellants, as it appears from the trend of cross-examination of the prosecution witnesses, was that they were not present at the time of alleged occurrence and they have been falsely implicated in this case. 6. The prosecution......ndards would be sufficient to justify the imposition of the lesser penalty nor are these circumstances adequate enough to palliate the offence of murder. But in their totality, they tilt the judicial scales in favour of life rather than putting it out”. 44. Therefore, in the facts and circumsta..Category: Criminal Law | Date: | Hits: 50
Gurvinder Singh Vs. Secretary, Ministry of Finance and others, 1992, 21 CLC (HCD)
....ax return declaring that no tax is payable, supported by documents the refusal of the respondent No.3 to lift the travel restriction is arbitrary and mala fide. The petitioner is to be present at the time of the hearing of the naturalisation application in USA. Hence imposition of the travel restric...... In the result, this Rule is disposed of on the above observations without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 434. ..Category: Fiscal/Taxation Law | Date: | Hits: 98
Hamza Rubber Industries Vs. Golam Dastagir Gazi, 2001, 30 CLC (HCD)
.... to dispose of the suit as early as possible preferably within three months from the date of receipt of this order. Connected Rule is also discharged and order of ad-interim injunction granted at the time of issue of the Rule is also vacated. Communicate at once. Ed. This Case is also Reported...... is also discharged and order of ad-interim injunction granted at the time of issue of the Rule is also vacated. Communicate at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 430. ..Category: Intellectual Property Law | Date: | Hits: 230
Sogra Begum Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....der of the Additional Commissioner of Taxes (Appeal) and restored the order of the Act. This order of the Tribunal was duly communicated to the assessee petitioner on 29-11-99 but that was a point of time when she had a massive heart attack and she was also not otherwise keeping good health since th......es not appear to us to be a fit case for granting a certificate as prayed for. Hence the prayer is rejected. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 420, 26 BLD (HCD) (2006) 301. ..Category: Fiscal/Taxation Law | Date: | Hits: 108
Mainuddin Chowdhury & others Vs. State and another, 2001, 30 CLC (HCD)
....ccused-petitioners 1-3 vide order dated 17-8-2000 pending hearing of the Rule, the said informant Md. Kabir Ahmed Opposite Party 2 has neither filed any counter-affidavit nor opposed this Rule at any time. 6. We have heard the learned Advocate for the accused-petitioners and perused the relevant ......itioners No.4 be enlarged on bail to the satisfaction of the Deputy Commissioner, Chittagong, if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 416. ..Category: Criminal Law | Date: | Hits: 43
Abul Kashen (Md.) Vs. Chairman, RAJUK and others, 2000, 29 CLC (HCD)
....l vitally affect the right to enjoyment of the property of the petitioner and, as such, the petitioner should have been given an opportunity of being heard before the impugned Memo was issued. At the time of issuance of the Rule this Court passed an order permitting the petitioner to construct the b......n already made under the order of this Court should not be disturbed in any way by the respondents. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 488. ..Category: Property Law | Date: | Hits: 114
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