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....ng days without fail upon receipt of the copy of this judgment. There will be no order as to costs.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 191
......Whether Wrong Declaration by the Importer has negative Impact in Due Process of Law-
Although the importer gave wrong declaration, as to the country of origin, since there are specific provisions in the Customs Act for dealing with wrong declaration by the importer at the entry p..
Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 5
Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)
.... photo copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J. - I agree. This Case is also Reported in: ......e Division held that after attainment of the decree in finality the judgment debtor has no right to redeem the mortgaged property and, that the power under section 57 is only available when the other provisions of the Ain are not exhaustive. 12. In the present case the writ petitioner is not clai..Category: Banking Law | Date: 11 Nov, 2010 | Hits: 14
Ms. Syeda Rizwana Hasan Vs. Bangladesh and others, 2010, 39 CLC (AD)
....cute the officers responsible. The appeal is dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 816, 18 BLC (AD) (2013) 54. ......is to be understood and not in an isolated manner. It cannot be conceived that its interpretation should be purged of the spirit of the Constitution as clearly indicated in the Preamble and other provisions of our Constitution, as discussed above. It is unthinkable that the framers of the Consti..Category: Environmental Law | Date: 8 Nov, 2010 | Hits: 258
Shanik Chandra Barmon Vs. State and another, 2010, 39 CLC (HCD)
....ccordance with the aforesaid Rules, 2007. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 114 ...... in Rule 13 of the Durnity Daman Commission Rules, 2007 that without sanction of the Commission in respect of any schedule offence, no cognizance in the criminal proceeding can be taken. The relevant provisions of the Durnity Daman Rules, 2007 may profitably be reproduced below:— "..Category: Anti-Corruption Laws, Criminal Law | Date: 2 Nov, 2010 | Hits: 5
Redwan Ahmed Vs. Bangladesh, 2010, 39 CLC (HCD)
....il already granted to him by this Division. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 70. ......udge Court No.2, Dhaka, should not be declared to be without lawful authority, in as much as the transfer, as made, is in violation of Rule-18ka of the Emergency Power Rules, 2007, and since hits the provisions of Article 35 of the Constitution read with Article 26 of the Constitution. 2. Back ..Category: Anti-Corruption Laws | Date: 25 Oct, 2010 | Hits: 211
British American Tobacco Bangladesh Company Ltd. Vs. Begum Shamsun Nahar, 2010, 39 CLC (AD)
....dings and observations we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 80. ......ourt Division and the trial Court have rightly observed that none of these four conditions is attracted in the instant case. The grounds raised by the defendant petitioner do not come within the provisions of Order VII, rule 11 of the Code of Civil Procedure. In the instant case we have found ..Category: Women and Children | Date: 13 Oct, 2010 | Hits: 21
Deen Mohammad Vs. Bangladesh Bank and others, 2010, 39 CLC (HCD)
....ereby vacated. Let a copy of the Judgment be sent to the concerned authority at once for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 506. ......(6) of the Act, where the payment of entire outstanding loan is required to be paid to be qualified as a Director of the Bank under Bank Company Act, 1991. 9. On such submission let us quote the provisions of section 17(1) and 17(6) of the Bank Company Act, 1991 for our meticulous examination: ..Category: Banking Law | Date: 12 Oct, 2010 | Hits: 423
Nurul Majid Mahmood Humayun Vs. Brigadier General Hassan PSC (Rtd.) and others, 2010, 39 CLC (AD)
....indings and observations, we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 89. ......y the respondent No.3 they had taken decision to exclude his name from the Election List as they could not allocate him any symbol. The said "Paripatra 13Ka" dated 11-12-2008 is against the provisions of the Representation of the People Order, 1972 as Article 12(1) (b) clearly states ..Category: Civil Law, Election Law | Date: 7 Oct, 2010 | Hits: 8
Khurshed Alam Vs. Abul Kalam and others, 2010, 39 CLC (AD)
....under sub-section (1) unless the mutawalli has made over charge of the waqf to the new mutawalli appointed under sub-section (4). So, the language of sub-section (2) of section 32 of the Ordinance is mandatory. Admittedly, the Deputy Administrator of Waqf while removing the petitioner from the post ......was not filed under section 32 of the Ordinance. When Mr. Zulfiqur Bulbul Chowdhury was confronted with the said provision of law he found it difficult to give reply. 5. We have gone through the provisions of sub-section (2) of section 32 of the Ordinance. A mere reading of the said sub-section..Category: Trust/Waqf Law | Date: 7 Oct, 2010 | Hits: 177
Orascom Telecom Bangladesh Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....etitioner prefers appeal before the Tribunal, the limitation in preferring the appeal would not operate as a bar in that event. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 319. ...... collaborated with each other to evade tax. The Respondents alleged that the petitioner have breached Sections 3, 6, 7, 31, 32 of Act, 1991; rule 11, 17, 22 and 23 of the Value Added Tax Rules, 1991; provisions of the explanation provided by the Respondent No.1 National Board of Revenue vide explana..Category: Fiscal/Taxation Law | Date: 7 Oct, 2010 | Hits: 174
Ain O Salish Kendra Vs. Bangladesh, 2010, 39 CLC (HCD)
.... (2011) HCD 36, 8LG (2011) HCD 1. ......rt declaring the continuous failure of the respondents to ensure healthy, hygienic and safe work place, for the workers within the ‘bidi’ factories of respondents No.3 to 5 in accordance with the provisions of the Factories Act, 1965 and why such activity should not be declared as illegal and un..Category: Women and Children | Date: 5 Sep, 2010 | Hits: 261
Hasura Begum Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....the girl. By reference to a decision in the case of Ramesh Kumari Vs. State (NCT of Delhi), AIR 2006 Supreme Court 1322 he submits that undoubtedly the provisions of section 154(1) of the CrPC is a mandatory provision and the police cannot refuse to record an information of a cognizable offence wh......could have been more fruitful in recovering the girl. By reference to a decision in the case of Ramesh Kumari Vs. State (NCT of Delhi), AIR 2006 Supreme Court 1322 he submits that undoubtedly the provisions of section 154(1) of the CrPC is a mandatory provision and the police cannot refuse to re..Category: Women and Children | Date: 24 Aug, 2010 | Hits: 187
Prime Global Ltd and others Vs. Artha Ain Adalat No.4, Dhaka and others, 2010, 39 CLC (HCD)
....shy;ment dismissing the suit against them while the same was obtained upon detailed examination of evidences adduced by the contesting parties. In the circumstances, we are of the view that since the mandatory period of limitation to file an application under section 19 or to prefer appeal under sec......e. Further, sub section (5) provides that if the said application is not filed without such deposit as per sub-section (3), the Adalat shall directly reject the same. Thus, the said Ain made specific provisions for the Artha Rin Adalat to exercise its jurisdiction for setting-aside an exparte decree..Category: Banking Law | Date: 23 Aug, 2010 | Hits: 2
Ferdous Khan @ Alamgir Vs. Islami Bank Bangladesh Ltd. and another, 2010, 39 CLC (HCD)
.... before us. The drawer of a cheque may be a natural person or a juristic person (i.e. a body corporate). Issuing of a demand notice, giving thirty days time, to the drawer of the cheque is one of the mandatory prerequisites for seeking punishment under section 138(1) of the Act. It makes no differen......n alias Alamgir under section 138 of the Negotiable Instruments Act, 1881, (the Act), alleging, amongst other, that the complainant is a commercial bank and is running its business according to the provisions of Islami Shariah, having its branches all over the country and that the Agrabad Branch i..Category: Banking Law | Date: 1 Aug, 2010 | Hits: 657
Rehana Begum and another Vs. State, 2010, 39 CLC (HCD)
....sult, the appeal is dismissed. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 75; 30 BLD (HCD) (2010) 448. ......h or as to any of the circumstances of the transaction which resulted in his death, in cases in which the cause of person's death comes into question” (emphasis supplied). 27. Having perused the provisions laid down in section 32 sub section (1) of the Evidence Act, we find that the victim made..Category: Women and Children | Date: 1 Aug, 2010 | Hits: 227
Md. Zahirul Islam Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)
....ntiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 420. ......, was well beyond the 2 (two) years limitation period, prescribed by Article 36 of the first schedule of the Limitation Act, 1908. Therefore, in the facts and circumstances of the case vis-à-vis the provisions of Article 36 of the Limitation Act, 1908 we are of the view that the suit is barred by l..Category: Limitation Law | Date: 20 Jul, 2010 | Hits: 38
....here will be no
order as to costs. The order of stay granted earlier by this court stands
vacated.
Zubayer Rahman Chowdhury J. - I agree.
Ed.
This Case is also
Reported in:
......
his bank account maintained by him. He further submits that since the impugned order
of termination is an independent action taken under regulation 53(2) which has
overriding effect over the other provisions provided therein, as such the provisions
as contained in Chapter VII of the Regulations,..
Category: Employment/Service Law | Date: 18 Jul, 2010 | Hits: 5
Ziaur Rahman (Md.) Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)
.... not made aware of the filing of this execution case by serving any notice as per section 30 of the Artha Rin Adalat Ain, 2003, that the provision of section 30 of the Artha Rin Adalat Ain, 2003 is mandatory and that after filing of the execution case and registration thereof the first action re......law and in the light of observations made above. The order of stay granted at the time of issuance of rule stands vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 189. ..Category: Civil Law | Date: 14 Jul, 2010 | Hits: 48
ATM Salim Chowdhury Vs. State, 2010, 39 CLC (HCD)
....anted earlier by this Court shall stand vacated. Communicate the order at once. Salma Masud Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 494. ......t, a mere perusal of the petition of complaint would show that neither the date of sending the notice nor the date of receiving the notice has been disclosed in the petition of complaint. As such the provisions of section 138 and 141 of the Negotiable Instrument Act was not complied with, before fil..Category: Banking Law | Date: 13 Jul, 2010 | Hits: 187
AL-Arafah Islami Bank Limited Vs. M/S. Nobel Enterprise, 2010, 39 CLC (HCD)
....on Case No. of 2004 within four months from the date of receipt of this order. Office is directed to send down the record at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 351. ......d 21 of the Act read as hereunder: "18. Save as otherwise provided by any enactment for the time being inforce, the jurisdiction of a District Judge or Joint District Judge extends, subject to the provisions of section 15 of the Code of Civil Procedure, 1908, to all original suits for the time be..Category: Procedural Law | Date: 12 Jul, 2010 | Hits: 28
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