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....al— For Respondent No. 1.
Writ Petition No. 3464 of 1996.
Judgment
Afzal Hossain Ahmed J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned bill dated 1-8-1996 vide Annexure-F and the Memo No. D-F/l 04/93/170 dated 14-8-1996 (Annexure-D) issued ......payment of the supplementary electricity bills by way of penalty for an amount of Taka 12,19,191 which was done in violation of section 26(6) of the Electricity Act, 1910 and also without serving any notice under Tariff Rule 17 if a false seal was found to have been placed with the meter of the peti...... petitioner has been paying its electricity bills submitted by the respondent No. 2 regularly but surprisingly, the respondent No. 2 issued bills dated 30-7-1996 and 1-8-1996 directing the petitioner for making payment of the supplementary electricity bills by way of penalty for an amount of Taka 12..
Category: Others | Date: | Hits: 131
Abdur Rahman Vs. State, represented by Deputy Commissioner, 2006, 35 CLC (HCD)
....for sale of their inherited property and subsequently finalised the sale by executing and registering the suf-kabala in favour of the accused No. 1, Abul Kalam Azad, and, as such, the said Bainapatra dated 12-3-1992 became past and closed transaction. It has further been stated in the FIR that the a......nding before the Metropolitan Magistrate, Chittagong, is hereby quashed. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 683. ......8 of 2001. Judgment AFM Abdur Rahman J.- The accused petitioner, Abdur Rahman, obtained this Rule on 4-2-2001, under section 561A of the Code of Criminal Procedure, calling upon the informant opposite party No. 1 Shankar Sen Gupta and the Deputy Commissioner, Chittagong, to show caus..Category: Criminal Law | Date: | Hits: 43
State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)
....alias Taha convicting them under sections 302/120B/34 of the Penal Code in Druta Bichar Tribunal Case No. 22 of 2003 arising out of Rupganj Police Station Case No. 20(8)2000 by the judgment and order dated 18-1-2004. Those convicts were also sentenced to pay a fine of Taka 10,000 each. Challenging......ase of Rupganj Police Station. He also admitted that he was an accused of Miser Ali murder case. On the date of occurrence he stayed in Dhaka Medical College Hospital for 2/3 hours. On receipt of a notice he went to the police station on 23-1-2001 and gave statement. 16. PW 7 Zaman stated in hi......peal No.145 of 2004. Judgment AKM Fazlur Rahman J.- This is a reference under section 374 of the Code of Criminal Procedure submitted by the learned Judge of Druta Bichar Tribunal No.3, Dhaka for confirmation of sentence of death awarded by him to absconding accused Al Hasib Bin Jamal alias ..Category: Criminal Law | Date: | Hits: 40
AKM Iftekhar Ahmed and another Vs. State, 2007, 36 CLC (HCD)
....No. 11080 of 2006. Judgment Sharifuddin Chaklader J.- These two Rules were issued at the instance of the accused petitioners for quashment of the proceedings of Fatullah PS Case No. 125 dated 27-4-2006 pending in the Court of Magistrate, First Class, Narayanganj (South). 2. The ......1990 BLD (AD) 50 = 42 DLR (AD) 223 it has been held in paragraphs 7 and 8 as follows: "7. We many now revert to the real wrong done by the petitioner which the learned Judges did not even take notice of (which they should have). To our query, Mr. TH Khan informed us that in the application fo......5 DLR (WP) 93; State vs. Delwar Hossain 12 DLR 613. Lawyers involved: Rokanuddin Mahmud with Sheikh Hasan Arif, Advocates—For the Petitioners. MA Muntakim, Advocate—For the Informant-Opposite Party. Criminal Miscellaneous Case No. 9954 of 2006 with Criminal Miscellane..Category: Criminal Law | Date: | Hits: 97
Ali Ashraf Mia Vs. Chairman, First Court of Settlement and others, 2006, 35 CLC (HCD)
....No. 3127 of 1997 with Petition No. 3128 of 1997. Judgment Tariq-ul-Hakim J.- Rules Nisi were issued calling upon the respondents to show cause as to why the impugned judgment and orders dated 13-21996 and 12-11-1995 vide Annexure-B of the Writ Petition passed by the respondent No. 1,......interference by this Court. Accordingly, both the aforesaid Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 640. ...... 27, 2006. Lawyers involved: Fariduddin Ahmed with Md Kamrul Islam, Advocates — For the Petitioner. (In both the Writ Petitions) Adilur Rahman Deputy Attorney-General with Md Zafor Imam, Assistant Attorney-General Shamsul Hoque and Quamrun Nessa Ratna, Advocates—For Responde..Category: Property Law | Date: | Hits: 39
Bellal Hossain (Md) & others Vs. Md. Yasin Ali Mondal and ors., 2007, 36 CLC (HCD)
....rty No. 1. Civil Revision No. 4386 of 2002. Judgment SM Ziaul Karim J.- This Rule was issued, calling upon the opposite party No. 1 to show cause as to why the judgment and order dated 17-6-2002 passed by the learned District Judge, Naogaon in Miscellaneous Appeal No. 67 of 2000......ed earlier by this Court stands vacated. Send down the lower Court's record at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 634. ......n Ali Mondal and others....……….Opposite Parties Judgment February 4, 2007. Result: The Rule is made absolute. Case Referred to- Hajarilal Mondal vs. Md. Mozaffor Bepari, 8 BLC (AD) 7. Lawyers involved: Lutfor Rahman Mondol with KM Zahid Sarwar,..Category: Property Law | Date: | Hits: 23
Commissioner of Taxes Vs. Prime Bank Ltd., 2007, 36 CLC (HCD)
.... Respondent. Reference Application No. 150 of 2002. Judgment Md. Abdur Rashid J.- The above reference was presented by the Deputy Commissioner of Taxes against the impugned order dated 19-12-2001 of the Taxes Appellate Tribunal, which set aside the order 10-9-2000 passed by the ......assessee is a banking company and was accordingly incorporated in Bangladesh. It submitted its income tax return for the assessment year 1999-2000 claiming total income of Taka 31,03,352. Pursuant to notice under section 79 and sub-section (2) of section 83 of the Income Tax Ordinance, 1984, in brie......spondent assessee and restored that of the Deputy Commissioner of Taxes. 2. The assessee is a banking company and was accordingly incorporated in Bangladesh. It submitted its income tax return for the assessment year 1999-2000 claiming total income of Taka 31,03,352. Pursuant to notice under ..Category: Fiscal/Taxation Law | Date: | Hits: 82
Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... the Artha Rin Adalat, 1st Court, Chittagong, namely Mr. Md. Abdur Rouf, being violative of Article 116 of the Constitution and section 4(5) of the Artha Rin Adalat Ain, 2003 and also the order No. 9 dated 296-03 passed by the Adalat in Mortgage Execution Case No/35 of2002 transferring the same un......e was shown transferred under section 60(3) of the Ain by the learned Joint District Judge and Artha Rin Adalat, 1st Court, Chittagong to the same Court vide order dated 9-6-03. Later, the service of notice under Order XXI, rule 30 of the Code of Civil Procedure (hereinafter referred to as the 'Code......6-03 passed by the Adalat in Mortgage Execution Case No/35 of2002 transferring the same under the Ain, 2003 and renumbered as Artha Execution Case No. 693 of 2003. 3. Short facts, as are necessary for the purpose of disposal of this Rule, are that the respondent No. 3, Janata Bank, Laldighi Pur..Category: Constitutional Law | Date: | Hits: 168
Abdul Mannan Matubbar Vs. Bangladesh Water Development Board and others, 2007, 36 CLC (HCD)
....ment: Afzal Hossain Ahmed J.- This Rule Nisi was issued calling upon the respondents to show cause as to why Memo No. ৫৬/ পাউবো/শৃং/শা-৩/অভি(ক) ২০/৯৩ dated 11-3-1999 issued by respondent No. 4 (Annexure-E) imposing compulsory retirement upon the peti...... Board and while serving at Serajganj, in Operation and Maintenance Division of the respondent No. 1 he was put under suspension from 18-3-1993 along with other Officers of the Board. On 24-11-1993 a notice was served Upon the petitioner requiring him to show cause as to why the disciplinary action ......se, the inquiry is found to have been held giving the petitioner reasonable opportunity to defend himself. The principle of natural justice having been followed in this case we find no scope whatever for Court's interference with the authority's finding and decision imposing compulsory retirement fr..Category: Employment/Service Law | Date: | Hits: 76
Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... 2004 a Rule Nisi has been issued under Article 102 of the Constitution upon the respective respondents to show cause as to why the impugned order of "Transformation" of TS 195/2000 vide order No. 14 date 1-10-2003, previously filed under the provisions of Artha Rin Adalat Ain, 1990 into new case in......sult, Rules in Writ Petition Nos. 6579 of 2004 and 6057 of 2005 are discharged without any order as to costs.Stay granted earlier stands vacated.Ed.This Case is also Reported in: 59 DLR (2007) 601. ......ingle judgment. In Writ Petition No. 6579 of 2004 a Rule Nisi has been issued under Article 102 of the Constitution upon the respective respondents to show cause as to why the impugned order of "Transformation" of TS 195/2000 vide order No. 14 date 1-10-2003, previously filed under the provisions of..Category: Others | Date: | Hits: 104
Integrated Services Ltd. Vs. Commissioner (Current Charges), Customs and others, 2007, 36 CLC (HCD)
....cates —For the Petitioner. MA Azim Khair, Deputy Attorney-General—For the Respondents. Writ Petition No. 6171 of 2004. Judgment Md. Abdur Rashid J.- In the above Rule Nisi, the letter dated 24-10-2004 issued by one Assistant Commissioner, respondent No. 3 (Annexure-R) directing the p......ange Regulation Act, 1947 no company resident in Bangladesh could transfer shares to any foreign company without permission of the Bangladesh Bank and prompted by such letter, respondent No. 1 sent notice dated 7-10-2004 to the petitioner asking it to show cause within 15 days of receipt thereof a...... 2004. Judgment Md. Abdur Rashid J.- In the above Rule Nisi, the letter dated 24-10-2004 issued by one Assistant Commissioner, respondent No. 3 (Annexure-R) directing the petitioner to appear before him for personal hearing was challenged. 2. The facts and circumstances, in which the Rule w..Category: Business or Commercial Law | Date: | Hits: 178
Manzu Sweeper Vs. State, 2005, 34 CLC (HCD)
....neral For the Respondent. Criminal Appeal No. 2491 of 1993. Judgment SM Ziaul Karim J.- By this appeal convict appellant Manzu Sweeper has challenged the propriety of the judgment and order dated 15-111993 passed by the Special Tribunal No.8, Comilla in Special Tribunal Case No. 85 of 19...... a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 593; 13 MLR (HCD) (2008) 417. ...... The appeal is allowed. The Special Powers Act, 1974 (Act No. XIV of 1974); section 25A The object of the legislation is to prevent using, selling or trafficking in any way in counterfeit or forged notes. The offence as made under section 25A of the Special Powers Act, 1974 is no doubt of s..Category: Criminal Law | Date: | Hits: 40
Mofidul Haque (Md) Vs. Bangladesh, 2006, 35 CLC (HCD)
....r, Advocates—For Respondent No. 2. Trade Mark Appeal No. 24 of 2002. Judgment Md. Awlad Ali J.- This appeal under section 76 of the Trade Marks Act, 1940 arises out of an order dated 21-8-2002 passed by the Deputy Registrar of Trade Marks in Rectification Case No. 295 of remov......, there is no merit in this appeal. The appeal must fail. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 588. ......ectification Case No. 295 of removing registered Trade Mark No. C-6724 in Class-5 from the Register. 2. The respondent No. 2 made an application under sections 37 and 46 of the Trade Marks Act for removal of registered trade mark No. C-6724 in class 25 from the register alleging, inter alia, ..Category: Intellectual Property Law | Date: | Hits: 198
Namita Rani Biswas and others Vs. Rabindra Nath Majhi and others, 2007, 36 CLC (HCD)
....l Kabir Advocates—For the Respondents. Appeal from Original Decree No. 333 of 1997. Judgment SK Sinha J.- Opposite party No. 1 preferred this appeal from the judgment and order dated 9-10-97 of the District Judge, Khulna in Miscellaneous Case No. 176(A) of 1985, a proceeding u......he Letter of Administration. 5. The learned Advocate appearing for the appellants contends that the learned District Judge erred in law in revoking the Letter of Administration in failing to notice that the respondent No. 1 has filed the application for revocation more than 18 years after g...... MLR (AD) 201 - 56 DLR (AD) 41; Anil Behari Ghose vs. Sint Latika Bala Dassi, AIR 1955 SC; Promode Kumar Roy vs. Sephalika Dutta, AIR 1957 Cal 631. Lawyers involved: Ahmed Nowshed Jamil for Hasan Foez Siddique Advocate—For the Appellants. Md. Kamrul Islam Siddique with Md. Baz..Category: Property Law | Date: | Hits: 68
Sylhet Gas Fields Ltd. Vs. Chairman, 2nd Labour Court and another, 2007, 36 CLC (HCD)
....ondent No. 2. Writ Petition No. 3316 of 2004. Judgment Nazmun Ara Sultana J.- This Rule Nisi was issued calling upon the respondent to show cause as to why the judgment and order dated 29-5-2004 (Annexure-G) passed by the Chairman, 2nd Labour Court, Chittagong in RO Case No. 19 ...... disposal of this Rule, in short, are as follows : The respondent No. 2 was Working as a Typist-cum-Clerk (Grade-2) in the Store Department of the petitioner company; On 29-1-2001 a show cause notice was served upon the respondent No. 2 stating the allegation that he supplied PVC cable-the bo......of 2003 directing the petitioner to withdraw and repeal the order of punishment of reduction of basic wages of the respondent No. 2 from Taka 2700 to Taka 2340 together with suspension of promotion for three years maintaining the punishment for recovery of Taka 25,984.00 out of total value of the ..Category: Labour and Industrial Law | Date: | Hits: 114
Oriental Bank Ltd. Vs. Sitara Siddiq, 2007, 36 CLC (HCD)
....se 6f the Rule. So, the Rule be treated as ready and the same be taken up for hearing. 2. Rule was issued calling upon the opposite party to show cause as to why the impugned judgment and order, dated 27-8-2005, passed by the Additional District Judge 5th Court Dhaka, in dismissing Civil Revi......been examined as PW 1 in part, the trial Court is directed to dispose of the suit within three months from date of receipt of the Judgment. Ed. This Case is also Reported in: 59 DLR (2007) 573. ......Khan, Md Ziaul Haque, Advocates—For the Opposite Party. Civil Revision No. 4105 of 2005. Judgment Md. Arayesuddin J.- At the time of issuance of the Rule, though the LC records were called for, but the same has not yet been arrived. During hearing of the Rule, it was felt that the LC reco..Category: Civil Law | Date: | Hits: 82
Aziz Hasan and others Vs. Bangladesh, 2007, 36 CLC (HCD)
....dur Rashid J.- In the aforesaid Rules Nisi, the only issue that is raised is as to whether or not the enhancement of the customs duty on the Grey Portland Cement by the Notification being SRO No. 233 dated 20-10-1998 by reducing exemption under section 19 of the Customs Act, 1969, hereinafter referr......acts would make any difference in the application of the principle which is based on interpretation of sections 19 and 30 of the Customs Act, 1969." 19. Insertion of section 30A of the Act was noticed by the Appellate Division for the first time and disposed of the submissions on the change i......nior Advocate—As Amicus Curiae. Writ Petition Nos. 3541, 3559, 3562, 3835, 3836, 3854 of 1998 with 290, 293, 298, 1978, 1981,1295 of 1999. Judgment Md. Abdur Rashid J.- In the aforesaid Rules Nisi, the only issue that is raised is as to whether or not the enhancement of the cu..Category: Fiscal/Taxation Law | Date: | Hits: 64
Enamul Haq (Md) Vs. Jatiyo Bishwabiddalay and others, 2007, 36 CLC (HCD)
....cturer in Arabic in the National University on the basis of the appointment letter, vide সূত্র নং ০১ (৫৬৯) জাতী:বি:/প্রশা:/ ২০০১/১/৬৪৯৮ dated 22 February 2005 of respondent No. 1 issued under the signature of respondent No. 3 on the rec...... the Registrar in charge and the Deputy Registrar (Administration). Having been unsuccessful in joining to a permanent post of Lecturer in Arabic, the petitioner through his learned Advocate served a notice dated 13-6-2005 upon the respondents demanding justice but to no avail. 5. Being aggrieved......:/প্রশা:/ ২০০১/১/৬৪৯৮ dated 22 February 2005 of respondent No. 1 issued under the signature of respondent No. 3 on the recommendation of the Selection Board constituted for the purpose and approved by the Syndicate of the National University should not be declared to h..Category: Employment/Service Law | Date: | Hits: 65
Muhaiminul Hasan Khan Vs. Md. Nurul Islam Khan and others, 2001, 30 CLC (HCD)
....ent Md. Abdur Rashid J.- This Rule was obtained on behalf of the minor by his mother upon making a revision application under section 115 of the Code of Civil Procedure against judgment and order dated 27-4-95 passed by Additional District Judge, 7th Court at Dhaka in Miscellaneous Appeal No. 15...... or hear the application for succession certificate, and accordingly, learned Additional District Judge held the order as a nullity. It also appears that the learned Additional District Judge did not notice the above order of the learned District Judge transferring the case. 12. Under section 388......te Parties Judgment December 10, 2001. Case Referred To- Krishnamacharia vs Venkatamma, ILR 36 Madras 214, In re Estate of C V Nayagan, 1936 Rang 466. Lawyers Involved: Lucky Begum for Mashuque Hossain Ahmed, Advocate — For the Petitioner. Not represented — Opposite Party N..Category: Property Law | Date: | Hits: 36
Pubali Bank Limited Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
....uddin Mahmud with Murad Reza, Advocates— For Opposite Party Nos. 1-2. Civil Revision No. 1188 of 1993. Judgment Md. Tafazzul Islam J.- This Rule is directed against the judgment and order dated 31-3-93 passed by the learned Subordinate Judge, Artha Rin Adalat, Narayanganj in Bandhaki Ca......ost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 144. ......nate Judge, Artha Rin Adalat, Narayanganj in Bandhaki Case No.93 of 1992 by which the ex parte decree passed on 16-3-93 in the said suit, was set aside. 2. The petitioner, as plaintiff, filed the aforesaid suit against the defendant/opposite parties praying for realisation of Taka 1,29,161,40 as ..Category: Procedural Law | Date: | Hits: 67
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