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Amora Holding Inc. Vs. Bangladesh, 1998, 27 CLC (HCD)

.... Vs. Bangladesh, represented by the Secretary (IRD) and Chairman, NBR, Ministry of Finance and others………..Respondents Judgment June 10, 1998. Cases Referred to- Niaz Ahmed vs. State PLD 1978 Karachi 774; PLD 1981 Quetta, PLD 1979 (Karachi) 68; Sambasivan vs. Public Prosecutor, ......sel MV Alsara, the name of which was subsequently changed to MV Alba, sailed for Chittagong port from Penang with cargoes for Chittagong, Colombo and Maldives ports and the agent of the vessel at the time of sail, supplied the manifest of goods like sugar, coconut oil, damarbatu, textiles, cigarette......llowed. The office is directed to return the above certified copies alter furnishing of the Photostat copies of the same by the petitioner. Ed. This Case is also Reported in: 51 DLR (1999) 211. ......llowed. The office is directed to return the above certified copies alter furnishing of the Photostat copies of the same by the petitioner. Ed. This Case is also Reported in: 51 DLR (1999) 211. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 198

Md. Ashraf and others Vs. State, 2011, 40 CLC (HCD)

....ny way the privilege of bail. Communicate the order. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ...... to cancel the bail, if the accused appellants misuse in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ......f holding the fire arms of ammunition by any of the accused persons, the trial court even though rejected the prayer for bail on holding that there is a specific allegation against the appellants and recovery of fire arms and ammunition were made from the specific control and possession of the appel......on 19(A) and 19(f) of the Arms Act, rejecting the prayer for bail of the appellants. 2. It is submitted that although 30 accused persons including the appellants were alleged to be arrested with 2 arms and some ammunition considering them they were engaged in piracy but there is no specific alleg..

Category: Criminal Law | Date: | Hits: 60

Md. Palash Khan Vs. The State, 2011, 40 CLC (HCD)

....isuses in any way the privilege of bail. Communicate the order. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ...... was arrested on 5.8.08; and since his prayer for bail was rejected by the impugned order he then preferred the instant appeal. 5. The learned advocate appearing for the appellant submits that the time of occurrence was 21.05 hours on 4.8.08 when the accused appellant was arrested and the ejahar ...... at liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......ka lodged an FIR with the Khilgaon Police Station alleging inter alia that the superior authority of RAB-03 came to know by a secret information that the accused Palash and Anik are staying with fire arms on the way in front of Khokon General Store at 344/, Palashbag Road, west Rampura, under police..

Category: Criminal Law | Date: | Hits: 49

Md. Monir Hossain @ Babu Vs. State, 2011, 40 CLC (HCD)

....n any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......d his house and some of them entered into his house by cutting grill, while he started crying, 7 to 8 dacoits in a gunpoint took away cash money and ornaments total worth of Tk.2,02,300/- at the same time they also snatched a golds ornaments amounting to Tk. 2,61,450/- belonging to his tenant Animes......ty to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......ty to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 50

Motin Gazi alias Motiar Rahman Vs. The State, 2011, 40 CLC (HCD)

....Court Division (Criminal Miscellaneous Jurisdiction) Present: AKM Asaduzzaman J AKM Zahirul Hoque J Motin Gazi alias Motiar Rahman………………………Petitioner Vs. The State………………………………………………………...Opposite party Judgment F......r, he then obtained the instant rule. 4. The learned advocate appearing for the petitioner submits that the maximum sentence awarded under section 407/420 of the Penal Code for 7 years and by this time the petitioner has served out for more than 16 months and till now the trial has not been start......y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ......y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 51

Md. Jashim Uddin Vs. State, 2011, 40 CLC (HCD)

....way the privilege of bail. Communicate the order. Md. Ashraful Kamal, J. I agree. Ed. This Case is also Reported in: ...... cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal, J. I agree. Ed. This Case is also Reported in: ...... cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal, J. I agree. Ed. This Case is also Reported in: ......g the prayer for bail of the appellant. 2. While interrogation in a case under section 392 of the Penal Code in Gulshan P.S. Case No.44 dated 11.02.2008 the petitioner disclosed that he possess an arms accordingly the informant raided the house of the accused appellant and recovered a revolver on..

Category: Criminal Law | Date: | Hits: 43

Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)

....��………………………………………Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Energy and Mineral Resources,Government of Bangladesh, Bangladesh Secretariat, Segunbagicha, Dhaka and others………………………………Respondents Judgment Jan...... National Strategy Policy through Parliament ensuring appropriate participating interest for the State in all future Production Sharing Contracts prior to leasing out all the remaining 15 blocks at a time, including block Nos.3, 5, 6, 7 and 8, in relation to which letters of intent have been issued ......roduction would accelerate, creating huge surplus after meeting demand and without obligation as the contractors’ part to utilize excess production for value addition on it’s own account for cost recovery. The concession under the second round bid may turn out to be burdensome for our economy, p......rder as to cost. All interlocutory orders, issued earlier, are hereby vacated. Mohammad Anwarul Haque J.- I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 386. ..

Category: Constitutional Law | Date: | Hits: 231

Thomarshu alias Majhi Vs. Bangladesh, 1999, 28 CLC (HCD)

....………………….Opposite Party Judgment December 9, 1999. Case Referred To- Begum Lutfunnessa Vs. Nizamuddin Ahmed and others, 40 DLR 232. Lawyers Involved: ABM Mahbub, Advocate, on behalf of Md. Marfat Ali, Advocate—For the Petitioner. None appeared—For the Opposite......under award ‘under protest’, so his application is maintainable under section 28 of the Ordinance. Secondly the petitioner was entitled under section 14 of the Limitation Act for exclusion of the time from 22-03-84 to 18-05-85 in proceeding the Miscellaneous Case No.15 of 1984 bona fide in the c...... Rule is liable to be discharged and accordingly, is discharged but without any order as to cost. Let the records of the case be sent down. Ed. This case is also Reported in: 52 DLR (2000) 516. ...... Rule is liable to be discharged and accordingly, is discharged but without any order as to cost. Let the records of the case be sent down. Ed. This case is also Reported in: 52 DLR (2000) 516. ..

Category: Property Law | Date: | Hits: 95

Rowshan Ali (Md.) Vs. State, 2000, 29 CLC (HCD)

....ion of sentence imposed upon him. Send down the lower Court records immediately. Ed. This case is also Reported in: 52 DLR (2000) 510.......dvocate appearing for the appellant, submits that the accused appellant duly distributed the rice in question amongst the distressed people of the locality but he could not submit the Master Rolls in time due to the adverse political circumstances prevailing in the country at the relevant time. The ......his bail bonds immediately to serve out the remaining portion of sentence imposed upon him. Send down the lower Court records immediately. Ed. This case is also Reported in: 52 DLR (2000) 510.......his bail bonds immediately to serve out the remaining portion of sentence imposed upon him. Send down the lower Court records immediately. Ed. This case is also Reported in: 52 DLR (2000) 510...

Category: Criminal Law | Date: | Hits: 88

Begum Tahmina Vs. Government of Bangladesh, 2000, 29 CLC (HCD)

....sent: SAN Mominur Rahman J Md. Abdul Quddus J Begum Tahmina…………………………Petitioner Vs. Government of Bangladesh, represented by the Secretary, Prime Ministers Secretariat, Dhaka and others………………………….Respondents Judgment August 8, 2000. Cas...... possession pecuniary resources or property disproportionate to his known sources of income then it (Government) may by order require such person to furnish in prescribed manner and within prescribed time a statement of his property and liabilities and such information relating thereto as may be req......-2/5231 dated 27-3-94 (Annexure-A) to the writ petition is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 503. ......-2/5231 dated 27-3-94 (Annexure-A) to the writ petition is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 503. ..

Category: Criminal Law | Date: | Hits: 78

Wahida Begum Vs. Tajul Islam, 2000, 29 CLC (HCD)

....ani, AIR 1948 Nagpur 367; Bhagwan Vs. Ujagar, AIR 1928 PC 20; Sunder Kuer Vs. Udey Ram, AIR 1944 Allahabad 42; Nainsukhdas Vs. Gowardhandas, AIR 1968 (Nagpur). Lawyers Involved: SN Goswami Advocate—For the Petitioner. Abu Salek with Md. Lokman Hossain, Advocates—For the Opposite Parties......to the defendant No.3 and the same date defendant No.3 executed and registered a deed of ‘Ekrarnama’ promising to reconvey the suit land of the plaintiff or his heirs on receipt of Taka 6,000 any time within 30th Chaitra of any year. Pursuant to the transfer, the plaintiff made over possession o...... Upazila Mirsharai, Chittagong in other suit No.11 of 1982, and dismissing the suit. 2. On 21-02-82 the said predecessor-in-interest of the present petitioners as plaintiff instituted the suit for recovery of possession of the suit land purportedly under section 95 read with section 95A of the St......e sent down at once. Consequently, the order of this Court directing the parties to maintain status quo granted earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 491...

Category: Property Law | Date: | Hits: 113

Saleha Khatun and others Vs. Fetema Hajura and others, 2000, 29 CLC (HCD)

....reby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 457.......r and possessor of 0.5 ½ acre of land, that the defendant has been possessing the suit land openly, peacefully and adversely for more than 12 years by mutating his name and paying rent. At about the time of taking pattan by Hazrat Ali, one Anwara Khatun also took pattan of 0.04 ½ acres of land whe......r of stay of further proceeding of OC suit No.402 of 1982/69 of 1990 granted by this Court at the time of issuing the Rule is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 457.......r of stay of further proceeding of OC suit No.402 of 1982/69 of 1990 granted by this Court at the time of issuing the Rule is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 457...

Category: Property Law | Date: | Hits: 71

Atiqur Rahman (Md.) Vs. Ainunnahar, 1999, 28 CLC (HCD)

....Opposite Party. Judgment June 24, 1999. Case Referred to- Hosne Ara Begum Vs. Alhaj Md. Rezaul Karim and others, 43 DLR 543. Lawyers Involved: Lucky for Mashuque Hossain Ahmed, Advocates—For the Petitioner. Farida Begum (Khan), Advocate—For the Opposite Party. Civil Revis......osal of a suit between the husband and the wife. Section 3 of the Ordinance mandates that the provisions of the Ordinance shall have effect notwithstanding anything contained in any other law for the time being in force. Section 20 of the Ordinance enshrines that the provisions of Evidence Act and t......en absolutely without any merit, the same must be discharged. Resultantly, the Rule is discharged. Order of stay stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (2000) 453.......en absolutely without any merit, the same must be discharged. Resultantly, the Rule is discharged. Order of stay stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (2000) 453...

Category: Procedural Law | Date: | Hits: 67

Mukta Biri Factory Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)

....ory Ltd. ……………………Petitioner Vs. Commissioner of Taxes ………………….Opposite Party Judgment December 9, 1999. Lawyers involved: AFM Ferojuddin Bhuiyan, Advocate—For the Applicant. Dabiruddin Ahmed, Deputy Attorney-General—For the Respondent. Refer......holding the action of the Commissioner of Taxes (Appeal) in construing the receipt of the order by the Authorised representative as the receipt of the Assessee though he received the order after some time. (c) Whether the Taxes Appellate Tribunal Division Bench-I, Dhaka was justified in law in re......applicant in this reference must be taken to be true. Accordingly, the reference is disposed of, however, without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 451. ......applicant in this reference must be taken to be true. Accordingly, the reference is disposed of, however, without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 451. ..

Category: Fiscal/Taxation Law | Date: | Hits: 128

Abdul Awal (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)

....and accordingly grant certificate for preferring appeal before the Appellate Division. Ed. This Case is also Reported in: 52 DLR (2000) 442. ......on the assessee applicant to file a return for the said assessment year, which was not complied with by the assessee applicant and then the DCT issued a notice under section 22(4) of the Act but this time also the assessee did neither respond to the notice nor appeared before the DCT and in spite of......the Appellate Division and hence we allow the prayer and accordingly grant certificate for preferring appeal before the Appellate Division. Ed. This Case is also Reported in: 52 DLR (2000) 442. ......the Appellate Division and hence we allow the prayer and accordingly grant certificate for preferring appeal before the Appellate Division. Ed. This Case is also Reported in: 52 DLR (2000) 442. ..

Category: Fiscal/Taxation Law | Date: | Hits: 96

Bibi Zarina and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)

....Petitioners Vs. Government of Bangladesh and others………………………Respondents Judgment December 10, 1998. Lawyers Involved: Miah Abdul Gafur with Md. Faruque Ahmed, Advocate—For the petitioner. Obaidul Hasan Shaheen, Assistant Attorney-General—For the Respondents......ngs and also prayed for restoration of vacant possession thereof to the petitioners. 3. The respondent No.1 contested the case but did not file any written statement, but verbally submitted at the time of hearing before the Court of Settlement that the case property is under possession of the Gov......-91 passed by the 1st Court of Settlement in Case No.719 of 1987 within 3(three) months from the date of receipt of the copy of the judgment. Ed. This Case is also Reported in: 52 DLR (2000) 439.......-91 passed by the 1st Court of Settlement in Case No.719 of 1987 within 3(three) months from the date of receipt of the copy of the judgment. Ed. This Case is also Reported in: 52 DLR (2000) 439...

Category: Property Law | Date: | Hits: 90

Manager, Bangladseh Krishi Bank and others Vs. Al-Haj Md. Nurul Islam & another, 1999, 28 CLC (HCD)

....f Subordinate Judge, Munshiganj in dismissed. There shall be no order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 434. ......e defendants Bank also sanctioned Taka 5 lac but in fact paid only 4 lac in different instalments. The further case of the plaintiff company is that the defendants Bank did not pay the installment in time though Bank sanctioned 5 lac but paid only 4 lac and withheld payment of Taka 1 lac, did not co......Mr. MR Khandker, the learned Counsel appearing for the plaintiffs-appellants, canvassed that the earlier suit was of mere declaration of title whereas the instant suit is for declaration of title and recovery of possession and further the earlier suit was dismissed in the absence of any prayer for r......y set aside and Money Suit No.1 of 1991 of the Court of Subordinate Judge, Munshiganj in dismissed. There shall be no order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 434. ..

Category: Civil Law | Date: | Hits: 101

Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Aziz Pipes Limited, 2003, 32 CLC (AD)

....reetal amount if it is not paid within a period of 90 days from date. The parties are to bear their own costs. Ed. This Case is also Reported in: II ADC (2005) 221. ......itled to get the benefit of paying interest at 1% less as per NIP. According to him, this benefit can be enjoyed only by the industries which are located in the less developed areas and al the same time 100% export oriented. Next, he has argued that the office order of BSRS dated 19.9.82 is applic......by Aziz Pipes Ltd., a Public Limited Company for a decree of Tk. 1,44,39,817/- claiming that the said amount was realized by the defendant Bangladesh Shilpa Rin Sangstha (BSRS) in excess while making recovery of the loan of Tk. 2,25,40,000/- given to the plaintiff by the BSRS. 3. The plaintiff t......ll realization of the decreetal amount if it is not paid within a period of 90 days from date. The parties are to bear their own costs. Ed. This Case is also Reported in: II ADC (2005) 221. ..

Category: Civil Law | Date: | Hits: 126

State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)

....disposal of the application in the light of our findings as above. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 82; 28 BLD (AD) (2008) 138; V ADC (2008) 796. ......rected to take steps for disposal of the application in the light of our findings as above. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 82; 28 BLD (AD) (2008) 138; V ADC (2008) 796. ......tor was appealed against under Section 191 of the Act and thereafter a revision was preferred before the Governor General in Council and having lost Mask & Co. filed a suit in the Civil Court for recovery of taxes realised on imported betel-nuts and the trial court held that the suit was not mai......rected to take steps for disposal of the application in the light of our findings as above. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 82; 28 BLD (AD) (2008) 138; V ADC (2008) 796. ..

Category: Criminal Law | Date: | Hits: 100

Eser Ali Sheikh (Md.) Vs. Md. Mokarram Ali and others, 2001, 30 CLC (HCD)

....ikh (Md.) ………..Petitioner Vs. Md. Mokarram Ali and others ……….Opposite Parties. Judgment March 15, 2001. Lawyers Involved: Mir Mokhlesur Rahman with Nasrin Parvin, Advocates—for the Petitioner Md. Asaduzzaman Advocate- For the opposite Party No. 1 AFM Zubair, Advo......n, According to him, as per stipulation of the agreement dated 5-10-79 the ‘Kabala’ was to be executed and registered within three months from that. The agreement does not appear to have made the time as an essence of the agreement. Moreover, the Courts below have found that the suit is not barr...... of 1996 of the First Court of Subordinate Judge at Kushtia is also recalled and vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 612. ...... of 1996 of the First Court of Subordinate Judge at Kushtia is also recalled and vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 612. ..

Category: Property Law | Date: | Hits: 91

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