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PHP Float Glass Industries Ltd Vs. Commissioner Customs, Excise and VAT and others, 2012, 41 CLC (HCD)

.... a VAT registered entity, as per the requirement of rule 3(1) of the Value Added Tax Rules 1991, (Rules) submitted a price declaration of its product vide Mushak-I for payment of VAT to the concerned Divisional Officer, respondent No.2, the Assistant Commissioner, Customs Excise and VAT Division, Fe......opy of this judgment and order. Communicate this judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 478 ...... from the date of receipt of a certi­fied copy of this judgment and order. Communicate this judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 478 ..

Category: Fiscal/Taxation Law | Date: 30 May, 2012 | Hits: 3

Kazi Md. Habib Ullah Vs.Bangladesh and others, 2012, 41 CLC (HCD)

.... with law. 19. The order of stay granted earlier by this Court is hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 372. ......arlier by this Court is hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 372. ...... with law. 19. The order of stay granted earlier by this Court is hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 372. ..

Category: Family Law | Date: 30 May, 2012 | Hits: 7

Hedayetullah and others Vs. Foyjun Nessa Begum and others, 2012, 41 CLC (AD)

....cordingly the appeal is allowed without any order as to costs and the impugned judgment is set-aside and the suit is dismissed as a whole. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 139. ......cordingly the appeal is allowed without any order as to costs and the impugned judgment is set-aside and the suit is dismissed as a whole. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 139. ......g the judgment and decree (From the judgment and order dated 13-4-2006 passed by the High Court Division in Civil Revision No.206 of 1998), dated 28-7-1977 passed by the learned Addi­tional District Judge, Lakshmipur in Title Appeal No. 150 of 1989 allowing the appeal reversing the part decree date..

Category: Property Law | Date: 30 May, 2012 | Hits: 33

Bimal Chandra Sen Vs. Md. Waliullah Chowdhury and others, 2012, 41 CLC (AD)

....appeal is allowed and the impugned judgment and order of the High Court Division is set-aside, there will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 97. ......appeal is allowed and the impugned judgment and order of the High Court Division is set-aside, there will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 97. ...... rise to this appeal are as follows:— Respondent No.13, Dolly Rani Sen alias Dolly Rani Roy after her marriage obtained a probate in Probate Case No.72 of 1985 of the Third Court of Sub-ordinate Judge, Dhaka on the claim that her grandfather Harendra Kumar Sen bequeathed his property situated a..

Category: Civil Law | Date: 30 May, 2012 | Hits: 47

Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)

.... ten thousand only) to the detenue in Writ Petition No.3489 of 1999 to be paid by the Writ Respondent No. 2 are hereby set aside. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 352 ......hers..................Respondents Judgment May 29, 2012. Result: All appeals are allowed. Constitution of Bangladesh, 1972 Article 44(1), 102(1), 102(2) Compensation is Special Relief not General— Power of High Court not only be Injunctive but also Remedial&......High Court Division, in an appropri­ate case if it deems necessary, may take evi­dence to clear any disputed question of facts or pass any direction or orders to hold an inquiry by a District Judge for removing any contro­versy. Provisions of Article 102 read with Article 44(1) are ..

Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5

Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)

.... back on remand to the Assistant Commissioner (Land), Tejgaon Circle, Dhaka for reconsideration and decision. The predecessor-in-interest of petitioner No.1, late Moqbul Ahmed, moved the Additional Divisional Commissioner, Dhaka Division, Dhaka against the said order of the Additional Deputy Com......n the impugned judgment and order and consequently, no merit in the leave petition. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 MLR (AD) (2013) 46. ......1354, 1355, 1356, 1357, 1358 and 1365 of mouza  Tejkunipara within Police Station-Tejgaon, Dhaka on the basis of decree obtained in Title Suit No.280 of 1970 of the First Court of Subordinate Judge, Dhaka; the application was allowed, but instead of 5. 17 acres, 8.70 acres of land of S.A. kh..

Category: Property Law | Date: 29 May, 2012 | Hits: 12

Ruhul Amin and others Vs. Bangabandhu Sheikh Mujib Medical University, 2012, 41 CLC (HCD)

....(six) months from the date of receive of this judgment. Send down the lower court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 182. ......(six) months from the date of receive of this judgment. Send down the lower court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 182. ......s. Pubali Bank Ltd, 53 DLR (AD) 62; Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd, 51 DLR (AD) 221; Nurunnessa Vs.Mohiuddin Chowdhury, 49 DLR (AD) 234; Eastern Bank Ltd Vs. Sub-ordinate Judge, 49 DLR 531; Anath Bandhu Guha & Sons Ltd.; Md. Sirajul Hoq Vs. Babu Sudhangshu Shekhar Ha..

Category: Civil Law, Property Law | Date: 27 May, 2012 | Hits: 12

S.M. Zahid Rezvi and others Vs. The Magura Pourashava and others, 2012, 41 CLC (HCD)

....ted the shops and hand over the vacant possession in favour of respondent No.1 within 30 days from date. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16.     ......on in favour of respondent No.1 within 30 days from date. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16.     ......ted the shops and hand over the vacant possession in favour of respondent No.1 within 30 days from date. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16.     ..

Category: Constitutional Law | Date: 24 May, 2012 | Hits: 1

Topon Kumar Roy Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....0-6-2012. There is no order as to costs. Communicate this Judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013)110.         ......ommunicate this Judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013)110.         ......0-6-2012. There is no order as to costs. Communicate this Judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013)110.         ..

Category: Administrative Law, Constitutional Law | Date: 24 May, 2012 | Hits: 8

Golam Ambia (Harun) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....trkt-Mymensingh within 2(two) months from the date of receipt of this judgment. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 379.   ......ate of receipt of this judgment. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 379.   ...... judge, Sadar, Mymensingh for declaration of his title and confirmation of possession of the plaintiff (petitioner) upon the suit land. Subsequently the suit was transferred to the Court of Assistant Judge, Bhaluka and the suit was numbered as Other Class Suit No.27 of 1996. The Government as defend..

Category: Others | Date: 22 May, 2012 | Hits: 9

Marzan Abedin Vs. Judge, Artha Rin Adalat No. 4 Dhaka and others, 2012, 41 CLC (HCD)

....ication under section 34(1) of the Ain, if so advised, in this regard. Communicate this order to the Court concern at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 79. ......dvised, in this regard. Communicate this order to the Court concern at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 79. ......iction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J Marzan Abedin………………………….Petitioner Vs. Judge, Artha Rin Adalat No. 4 Dhaka and others.........Respondents Judgment May 15, 2012. ..

Category: Banking Law, Corporate Law | Date: 15 May, 2012 | Hits: 4

Seven Circle Bangladesh Ltd Vs. Labour Appel¬late Tribunal, 2012, 41 CLC (HCD)

....reby declared to have been passed without lawful authority and is of no legal effect. There shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 122. ......l authority and is of no legal effect. There shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 122. ......reby declared to have been passed without lawful authority and is of no legal effect. There shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 122. ..

Category: Labour and Industrial Law | Date: 15 May, 2012 | Hits: 23

Advocate Murshedur Rahman Chowdhury Vs. Bangadesh and others, 2012, 41 CLC (HCD)

....an application which does not call for issuance of rule and do reject the application summarily.   Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 63 & 69   ......e of rule and do reject the application summarily.   Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 63 & 69   ......rt may seem fit and proper. The Rule is made returnable within 4 (four) weeks. Sheikh Hassan Arif J (Dissenting): Since I could not persuade myself to agree with his Lordship, the presiding Judge, to issue Rule Nisi in this matter, I humbly beg to pass the following dissenting order: ..

Category: Constitutional Law, International Crimes Tribunal Law | Date: 13 May, 2012 | Hits: 6

Maisha Corporation (Pvt.) Ltd Vs. Bangabandhu Sheikh Mujib Medical University (BSMMU) and others, 2012, 41 CLC (HCD)

.... as to costs. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 194.     ...... as to costs. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 194.     ......Musa Khaled J.- This First Mis­cellaneous Appeal under section 48 of the Arbitration Act, 2001 is directed against the judgment and order dated 1-12-2009 passed by the learned Additional District Judge, 2nd Court, Dhaka in Arbitration Miscellaneous Case No.543 of 2009 setting-aside the Arbitral ..

Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16

Kali Mohan Das Vs. Mossammat Firoza Begum and others, 2012, 41 CLC (AD)

....l of the appeal. The appeal will be heard along with the appeal arose out of the Civil Petition No.293 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 873; 9 ADC (2012) 862. ......l of the appeal. The appeal will be heard along with the appeal arose out of the Civil Petition No.293 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 873; 9 ADC (2012) 862. ......ssed by a Single Bench of the High Court Division in Civil Revision No.2331 of 2007 making the Rule absolute and reversing the judgment and order dated 13.03.2007 passed by the learned Joint District Judge, 2nd Court, Noakhali in Miscellaneous Appeal No.6 of 2006 affirming the judgment and order dat..

Category: Property Law | Date: 10 May, 2012 | Hits: 7

Abdun Noor and others Vs. Aziruddin and others, 2012, 41 CLC (AD)

....he appeal is allowed in part and the suit is decreed in respect of 1.11 acres of land in SS plot No. 3433 out of the suit land. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 127. ......he appeal is allowed in part and the suit is decreed in respect of 1.11 acres of land in SS plot No. 3433 out of the suit land. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 127. ......y a Single Bench of the High Court Division in Civil Revision No.2923 of 1994 discharging the Rule and affirming the judg­ment and decree dated 30-7-1994 passed by the learned Additional District Judge, Sylhet in Title Appeal No. 190 of 1989 allowing the appeal and reversing the judgment and dec..

Category: Property Law | Date: 8 May, 2012 | Hits: 112

Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)

.... 2009 is accordingly discharged. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 99.     ...... 2009 is accordingly discharged. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 99.     ......No.19 of 2001 and regularly paying rent in that suit. Defendant appellant having scent that he may be physically ousted from the suit premises filed Title Suit No.17 of 2002 in the Court of Assistant Judge, 2nd Court, Dhaka (subject matter of Civil Revision No. 4570 of 2009) which was decreed by the..

Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7

Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)

....ve observations. The parties would bear their respec­tive costs. Ed. This Case is also Reported in:  VIII ADC (2011) 834, 17 MLR (AD) (2012) 121, 64 DLR (AD) (2012) 152 ......ve observations. The parties would bear their respec­tive costs. Ed. This Case is also Reported in:  VIII ADC (2011) 834, 17 MLR (AD) (2012) 121, 64 DLR (AD) (2012) 152 ......liberties, material deprivations, and non-pecuniary damages. In its wide umbrella comes everything that affects a citizen in his civil life." 43. After making above observation, the learned Judge travelled the globe to explore the principle and concluded: "We may, however, point..

Category: Banking Law | Date: 5 May, 2012 | Hits: 220

Rajuk Karmachari Bahumukhi Samabaya Samity and another Vs. M/s Al-Razib Traders, 2012, 41 CLC, (HCD)

....py of this judgment. Send a copy of this judgment to the Court of the learned District Judge as expeditiously as possible. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 285. ......rict Judge not amenable to the High Court Division No appeal or revision lies against an order passed by the District Judge in an arbitration case as per provision of Arbitration Act, 2001. Special law prevails over general law Arbitration act is a special law for adjudication of the ...... M/s Al-Razib Traders …………………..............Opposite-Party Judgment May 3, 2012. Result: The Rule is discharged. District Judge not amenable to the High Court Division No appeal or revision lies against an order passe..

Category: Arbitration Law | Date: 3 May, 2012 | Hits: 18

Kamol Krishna Das Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)

....nnual increments and as such the petitioner was discriminated against. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 868. ......nnual increments and as such the petitioner was discriminated against. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 868. ......against the decision dated 05.01.2009 passed by the Administrative Appellate Tribunal, in Appeal No.206 of 2006 dismissing the appeal and affirming the decision dated 19.05.2003 passed by the learned Judge, Administrative Tribunal, Chittagong in Administrative Tribunal Case No.51 of 2002 dismissing ..

Category: Administrative Law | Date: 30 Apr, 2012 | Hits: 7