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M/S. Ace Traders Vs. M. V. DIJENDRALAL and Others, 2011, 40 CLC (HCD)
....f Samudrajatra shipping Lines Ltd. dated 23.8.93 12 Letter of Ace traders dated 5.8.93 13 Letter of People’s Insurance Co. Ltd. On the other hand the defendant No. 4 examined Mr. Anisul Mawla as D. W. 1 who exhibited the following documents;......00 on 5-12-1992 to the L/C opening Bank through the plaintiff C.D. AC-No.1213, maintained with the defendant No. 8 the Rupali Bank Limited. Before opening the L/C the plaintiff took marine insurance cover note from the defendant No.4, Peoples Insurance Company Ltd. and paid the insurance premium on ......es Insurance Company Limited on contest and also against the defendant Nos.1, 2, 3, 5, 7, 9 and 10 ex parte. However, there shall be no order as to costs. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: 27 Apr, 2011 | Hits: 64
National Board of Revenue and others Vs. Lt. Col. Kazi Shahid Ahmed (Retd.), 2011, 40 CLC (AD)
....র্থ ভিন্নভাবে বা সুনির্দিষ্টভাবে ব্যবহারের উপযোগী হয়; ........................... 9. On the other hand, a construction company is defined in the second schedule to the Act under the heading S004 wit......’, as such, it is entitled to pay VAT at the rate of 4.50%. The High Court Division also found that the decision given by the National Board of Revenue to pay at the rate of 4.50%could not be overridden by its subordinate authority. 5. With respect, both these findings of the High Court...... Court Division in Writ Petition No.1953 of 1996, is set-aside and the appeal is allowed, however, without any order as to cost. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 119. ..Category: Fiscal/Taxation Law | Date: 26 Apr, 2011 | Hits: 217
A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
....ellant at no point of time, was in charge of the godown, or kept the key with him. In any view of the matter, the appellant cannot be held liable for the shortage of stock, if any. 8. On the other hand, Mr. Md. Shohrowardi, learned Deputy Attorney General appearing for the State referring to the ......Food Controller collecting key of godown from the house of Mirza Monwar Hossain through a cleaner. The inventory of stock was not prepared on 5.1.1991; it was prepared after fourteen days from taking over the charge by new Officer-in-charge. He did not examine the appellant and did not know who was ......side. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 25 Apr, 2011 | Hits: 200
Altaf Hossain and another Vs. State, 2011, 40 CLC (HCD)
....um. In crossexamination he stated that he recorded the statement on blank paper. It was not mentioned as to where she made the statement and whether she made it voluntarily. 15. P.W.11 Nikhil Chandra Mondal, the then Officer-in-charge of Babuganj Police Station and Investigating Officer state......s entered into the house did not assault them. She further stated that after commission of the occurrence she was senseless for two days and did not see who brought the message of her daughter’s recovery from Uzirpur. 9. P.W.2, the victim Rina Begum also supported the prosecution case, but ......o.89 of 1995 is hereby set aside. The appellants are released from their bail bonds. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ..Category: Women and Children | Date: 17 Apr, 2011 | Hits: 159
Kartic Das Gupta Vs. Election Commission of Bangladesh and others, 2011, 40 CLC (AD)
....urt by way of granting leave. 10. Mr. Fida M. Kamal, learned Counsel, appearing for respondent Nos.11-13 and Mr. A. J. Mohammad Ali, learned Counsel, appearing for respondent No.10, on the other hand, have contended that the whole purpose to file the writ petition by the petitioner was to ......oter No.22 1373362050. The cause of action to file the writ petition as it appears from the statements made in the writ petition was that in exercise of power as conferred by section 17 of the Local Government (Pourashava) Act, 2009 and rule 4 of the Local Government (Pourashava) Election Rules, 201......we find no merit in the submissions of Mr. Ahsanul Karim. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 578, 19 BLC (AD) (2014) 113. ..Category: Election Law | Date: 3 Apr, 2011 | Hits: 168
Md. Jahir Uddin and others Vs. Md. Molin Ali and others, 2011, 40 CLC (HCD)
....c) that the defendants claimed their land from Meher Mondal, who allegedly got it by deed No.7374 dated 22.5.1967, but they failed to produce any khatian or rent receipt in their favour. On the other hand, the plaintiffs produced two R. S. Khatians in their predecessors’ names (vide exhibit-1 seri......e suit. 2. Facts leading to this civil revision are that the petitioners instituted Other Class Suit No.8 of 1997 before the Assistant Judge, Gobindaganj, Gaibandha for declaration of title and recovery of possession over the suit land with a further declaration that two deeds being No.7374 dated...... dated 23.11.2004 passed by the Assistant Judge, Gobindaganj, Gaibandha in Other Class Suit No.8 of 1997 is maintained. Send down the lower Court records. Ed. This Case is also Reported in: ..Category: Property Law | Date: 31 Mar, 2011 | Hits: 68
Md. Aynal Haque Vs. State, 2011, 40 CLC (HCD)
....accused asked for Tk. 10,000/- but hearing negative sound, the accused being infuriated assaulted upon the victim with a Ram dao, with intent to kill her. Then the victim tried to save herself by her hand, her wrist of right hand got cut and it was hanging and the complainant fell on the ground. Soo......bunal No.2, Chuadanga for trial and renumbered as Nari-O-Shishu Case No. 176 of 2002 wherein a charge was so framed under section 11(kha) of the Nari-O-Shishu Nirjatan Daman Ain, 2000, which was read over to the accused person wherein he pleaded not guilty and claimed to be tried. 5. The defence ...... sentence to the period undergone with fine as stated above. Send down the L.C. R. along with the judgment to the Courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ..Category: Women and Children | Date: 30 Mar, 2011 | Hits: 100
ATM Qamuzzaman Khan Vs. State and another, 2011, 40 CLC (HCD)
....sing of the evidence of the prosecution the convict appellant Md. Atiq Ullah Khan Masud was examined under section 342 of the Code of Criminal Procedure where he again pleaded innocence. On the other hand, the present appellant ATM Qumruzzaman Khan was absconding. 6. Con...... framed charge under section 5(2) of the Prevention of Corruption Act, 1947 read with section 109 of the Penal Code, 1860 against the appellant and Md. Atiq Ullah Khan Masud. The charge was duly read over to accused Md. Atiq Ullah Khan Masud and to which he pleaded not guilty and claimed to be tried......o discharged from his bail bond. Communicate this order at once and send down the lower Court's records expeditiously. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 442. ..Category: Criminal Law | Date: 29 Mar, 2011 | Hits: 3
Nazmul Islam alias Nazu Vs. State, 2011, 40 CLC (HCD)
....ct Nazmul Islam alias Nazu has preferred this appeal against the judgment and order of conviction and sentence dated 6-3-2006 passed by the learned Judge, Nari-o-Shishu Nirjatan Daman Tribunal No.2, Chandpur, in Nari-o-Shishu Case No.85 of 2003 convicting him under section 9(1)/13 of the Nari-o-Shis...... P.W.1 remained silent and did not disclose the fact. But subsequently she became pregnant and requested the convict to marry her. The convict started harassing her and ultimately a Salish was held over the matter, but in vain. The P.W.1 was then carrying for eight months. Thus, the P.W.1 compelle......levelled against him and he be set at liberty at once, if not wanted in other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 460...Category: Women and Children | Date: 21 Mar, 2011 | Hits: 165
Uniroyal Securities Ltd. Vs. Commissioner of Taxes, 2011, 40 CLC (HCD)
....e decision of 12 MLR 48 referred to above. 7. Mr. Abdur Rahim Bhuiyan, the learned Deputy Attorney General appearing with Mrs. Mahfuza Begum, the learned Assistant Attorney General, on the other hand, by filing affidavit-in-opposition, on behalf of the respondent opposes the reference applicati......m bank interest. The applicant has no case against the respondent's decision on the second head i.e. bank interest income. The applicant has paid tax of Taka 3,15,396 at the rate of 0.015% on turnover of Taka 210,26,39,696 and has shown Taka 11,355,09.52 as an income, less tax deducted at source......any order as to cost. The Registrar of the Supreme Court is directed to take necessary steps under section 162 of the Ordinance. Ed. This Case is also Reported in: 63 DLR (2011) 676. ..Category: Fiscal/Taxation Law | Date: 21 Mar, 2011 | Hits: 123
Maulana Mohammad Shamsul Huq and others Vs. Abu Taher and others, 2011, 40 CLC (AD)
....1.1943. Biadhan Bia by a kabala executed on 01.11.1951 and registered on 22.02.1952 sold 6 ¾ decimals of land of suit plot No.2687 along with 2¾ decimals of land of other plot to Sirajul Islam and handed over possession of the said land to him. Sirajul Islam subsequently sold out the said purch...... Biadhan Bia by a kabala executed on 01.11.1951 and registered on 22.02.1952 sold 6 ¾ decimals of land of suit plot No.2687 along with 2¾ decimals of land of other plot to Sirajul Islam and handed over possession of the said land to him. Sirajul Islam subsequently sold out the said purchased 9......ppellate court. We, therefore, find no merit in this petition for leave to appeal and hence this petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 365. ..Category: Property Law | Date: 20 Mar, 2011 | Hits: 84
Md. Ferajtullah Sheikh Vs. Md. Yusuf Ali and others, 2011, 40 CLC (HCD)
.... the vendor by a reconveyance deed executed before filing of the miscellaneous case, it cannot be preempted within the scope of section 96 of the State Acquisition and Tenancy Act. 7. On the other hand, Mr. SK. Forhadul Haque, the learned Advocate appearing for preemptor-opposite party No.1 submi......equently got an order of status quo on 6.8.2002. 6. Mrs. Joya Barttacharjee, learned Advocate appearing for the petitioner submits that the lower appellate Court without any independent discussion over the issues mechanically dittoed the trial Court’s judgment and thereby committed error of law......he result, the Rule is discharged without any order as to costs. The order of status quo passed on 6.8.2002 is vacated. Send down the lower Court records. Ed. This Case is also Reported in: ..Category: Property Law | Date: 20 Mar, 2011 | Hits: 59
Chunnu Vs. State, 2011, 40 CLC (HCD)
....m Vs. State 6 BLC 415; AKM Ataur Rahman Vs. State 5 BLC 508; Md. Abdur Rahitn Mondol Vs. State, 29 DLR (SC) 246; Sana Ullah Vs. Crown, PLD 1954 Lahore 382= 6 DLR (WP) 90. Lawyers Involved: Khandoker Mahbub Hossain, with Md. Abdul Halim Mondal, Advocates—For the Appellant [In Criminal......icting and sentencing the Appellants. In the result, both the appeals are dismissed. Send down the lower Court record. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 127 ......icting and sentencing the Appellants. In the result, both the appeals are dismissed. Send down the lower Court record. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 127 ..Category: Procedural Law | Date: 15 Mar, 2011 | Hits: 6
Anwarul Alam (Md.) Vs. Pubali Bank Ltd and others, 2011, 40 CLC (HCD)
.... it is liable to be discharged. 32. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 448. ......e shall be terminated, and he shall notwithstanding anything contained to the contrary in section 5, be re-employed in the service in such a manner as if he never had retired. (3) The government may require a public servant, in order to be entitled to any benefit under this section, t......a 16 crore. It also appears from the said agreement that it is not dependant on the financial assistance of the government. The government also does not appear to have extensive control over the management of the Company. Last but not the least, respondent No. 4 is governed by the Memorand..Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2011 | Hits: 3
Professor Muhammad Yunus Vs. Bangladesh, 2011, 40 CLC (HCD)
..... This Case is also Reported in: 63 DLR (2011) (HCD) 260. ......The petitioner, Professor Muhammad Yunus has preferred the instant writ petition under Article 102(2)(a) read with Article 44 of the Constitution of the People’s Republic of Bangladesh against the Government of Bangladesh, Bangladesh Bank, Grameen Bank and 13 others challenging the order issued vi......ef Executive, did not take any effective steps in this regard and in such constraining situation, Bangladesh Bank had to issue the impugned order in the public interest as well as for ensuring proper management of Grameen Bank, which falls within the scope of Sub-Section(1)(Ka) and (1)(Gha) of Secti..Category: Banking Law | Date: 8 Mar, 2011 | Hits: 438
Shammi Yasmin @ Suma alias Sreemoti Rafiqa Rani and others Vs. State, 2011, 40 CLC (HCD)
....8. Mr. Md. Khorshed Alam Khan, the learned advocate appearing for the opposite party in this appeal as well as appellant on behalf of appellant-informant in Criminal Appeal 5688 of 2010, on the other hand submits that the victim is a minor girl and her father informant being the legal guardian of th......h a bad intention and confined her since he was busy on searching it was delayed in lodging the FIR. On 8.4.10 the accused Md. Suman Ahmed was arrested by the police and the victim Rafika Rani was recovered from his custody and the victim was placed before the court for recording a statement under s...... from today and for the time being the victim will remain as it is, in the safe custody. Communicate the order at once. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 27 Feb, 2011 | Hits: 82
Mohammad Ali Vs. Bangaldesh Bank and others, 2011, 40 CLC (HCD)
....filed on 26.2.2005 and has been continuing till today beyond the time prescribed in the special law and as such the proceedings in the execution case is without lawful authority. 7. On the other hand Mr. Md. Mozibur Rahman Miah, the learned Advocate appearing for the respondent-bank opposes the......ty on the plea that a suit was pending. The relevant facts regarding non-selling of the pledged goods are admitted and as such the submission of the learned Advocate for respondent-bank that the controversy cannot be determined in writ jurisdiction, is not tenable. 10. Under the above facts and......ree is not yet satisfied. 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: ..Category: Banking Law | Date: 22 Feb, 2011 | Hits: 187
Sanjoy Roy Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... Branch Manager of respondent- bank, Md. Nuruzzaman as P.W.2 admitted that the petitioner had paid the entire loan and the bank issued him a clearance certificate to that effect. 5. On the other hand Mr. Khurshid Alam Sarker, the learned Advocate appearing for the respondent-bank opposes the Ru......e auction notice was published on 4.8.2010 in respect of the outstanding dues that was unpaid after passing of the said judgment. 6. The writ petitioner has not filed any affidavit-in-reply controverting the above fact. His learned Advocate rather has admitted the fact in a passive manner. ......d as being not maintainable. The order of stay passed by this Court at the time of issuance of the Rule is vacated. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 17 Feb, 2011 | Hits: 174
Jamiul Hossain Vs. Government of Bangladesh & Others, 2011, 40 CLC (HCD)
....28 of Mouja-Joar Sahra, JL No.271 under former police station -Tejgaon now under police station -Budda, Dhaka belonged to one Joy Durga Das who died leaving behind his daughter's son, namely, Krisna Chandra Debnath to inherit his all properties. While owing and possessing the said properties, Krisna......eme Court High Court Division (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Md. Nazrul Islam Talukder J Jamiul Hossain……………………Petitioner Vs. Government of Bangladesh & Others…………………………Respondents Judgment Februar......of issuance of Rule Nisi is, hereby, recalled and vacated. Let a copy of the judgment be communicated to the Respondents forthwith. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 49. ..Category: Constitutional Law | Date: 15 Feb, 2011 | Hits: 176
.....05.2010 (Annexure-A to the writ petition).
2. The newspaper reports that for breaking a flower vase, the lady of the house tied up the child housemaid, pushed her on to the floor and inserted the handle of a hot cooking utensil (stirrer/paddle) (গরম খুন্তি) into the back passag......hat she made in and around the house. After the incident she became ill, but was kept confined in the house and on the third day, seeing her critical condition, the lady of the house took her to the government hospital. The doctors informed the police and the lady of the house was arrested.
3. A ......ork as a domestic worker. The definition of establishment appearing in section 2(31) means any shop, trade establishment, industrial establishment, premises or yard where workers are employed for the management of an industry. She submits, therefore, that the persons working inside the house in exch..
Category: Women and Children | Date: 15 Feb, 2011 | Hits: 265
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