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....oth on facts and law, upon evidences adduced by the parties.
Send down the copy of the judgment to the court below at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 218
......he said investment facility the plaintiff on 7-10-2003 executed and registered mortgage deed No.4923 and a deed of irrevocable power of attorney No.4924 in favour of the bank. Subsequently, upon prayer of the plaintiffs son the said investment facility was enhanced to Taka 4,00,000. Thereafter,..
Category: Constitutional Law, Contract Law | Date: 11 Dec, 2014 | Hits: 8
Ferdous Ara Zainul Vs. Mahmuda Khatun and others, 2014, 43 CLC (HCD)
....the date of receipt of this order, without allowing any application for adjournment if filed by any of the parties to the suit. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 149. ......ing in revisional jurisdiction cannot take up for examination of an issue on which the trial Court did not have an opportunity to pass an order. 16. The above three-point discussions on the prayer of rejection of plaint, as advanced by the learned Senior Advocate Mr. Aktar Imam, lead us to..Category: Civil Law, Procedural Law | Date: 11 Dec, 2014 | Hits: 19
....s from the date of receipt of this judgment.
Let a copy of this judgment be forwarded to the concerned respondents at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 251
......idavit, and considering all the aspects of the case, the Rule Nisi should be discharged.
6. We have gone through the writ petition, supplementary affidavit, application for amendment of the prayer made in the original writ petition, the affidavit-in-opposition, and other material..
Category: Constitutional Law, Fiscal/Taxation Law | Date: 8 Dec, 2014 | Hits: 3
....amount (US$ 83,142.33 = BDT 68,17,617) claimed by BTCL was a disputed one and also much less than the amount of the said Bank Guarantee for Taka 1.40 crore; that this petitioner, having no other alternative, sought relief from this Court for justice; that upon hearing the grievance of the ......served upon BTCL through special messenger and 21-7-2013 was fixed as the next date. In the Court's order dated 13-6-2013 it was also recorded that should BTCL fails to show any cause against the prayer for reduction of the amount of the bank guarantee, then the court shall presume that BTCL has..
Category: Constitutional Law, Contempt of Court Law | Date: 4 Dec, 2014 | Hits: 10
Shariful Alam (Babu) (Md.) Vs. State and another, 2014, 43 CLC (HCD)
....shonoured and pursuant to the said dishonour of the cheque legal notice was served upon the accused and when he failed to make the payment of the cheque value, the complainant finding no other better alternative filed the case under section 138 of the NI Act and since all the requirements of law in ......sfaction of the trial Court till conclusion of the trial. Let a copy of this order be sent to the Court concerned with LCR. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 182 ..Category: Criminal Law | Date: 2 Dec, 2014 | Hits: 9
Government of Bangladesh and others Vs. Md. Mojibul Haque & others, 2014, 43 CLC (AD)
....hat if the writ-petitioners were at all aggrieved by the order of retirement, they should have approached the Administrative Tribunal and the writ petitions were not maintainable for presence of such alternative remedy. The High Court Division made the Rules Nisi absolute in part on the observations......rection upon the writ-respondents to re-instate him in his service with all service benefits including the arrears. 6. In all the three writ petitions, the Rules Nisi were issued in terms of the prayers made by the respective petitioner(s). 7. The common case of the writ-petitioners w..Category: Constitutional Law, Employment/Service Law | Date: 25 Nov, 2014 | Hits: 20
State Vs. Secretary, Ministry of Public Administration and others, 2014, 43 CLC (AD)
....torney-General in that respect as well, as noted down hereinbefore, are expunged. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 271 ......d Bench of the High Court Division for modifying the order dated 5-5-2014 by deleting directive No. 2 while issuing the suo motu Rule. The High Court Division by the order dated 9-7-2014 rejected the prayer; hence the State has filed Crl.P No. 607 of 2014. Both these petitions have been heard togeth..Category: Criminal Law, Procedural Law | Date: 10 Nov, 2014 | Hits: 4
....ed reviews and to hear the same on merit under the provision of section 121A of the Income Tax Ordinance 1984.
Md. Emdadul Haque Azad, J: I agree.
Ed.
This Case is also Reported in:
......filing supplementary affidavit has sought for a direction upon the review authority, the respondent No. 1 for admitting the rejected review in accordance with law, which having been founded on lawful prayer, the same is also required to be made.
In the result both the rules are made absolute.
..
Category: Fiscal/Taxation Law | Date: 24 Oct, 2014 | Hits: 1
Chowdhury Mohidul Haque Vs. Anti-Corruption Com¬mission and others, 2014, 43 CLC (AD)
....er and cogent reasons. 6. Against the initiation and continuation, of the proceedings of Special Case No.11 of 2010 arising out of Kotwali Police Station Case No.5 dated 2-7-2005 on the basis of alternative charge-sheet being No. 348/Ka dated 5-8-2010 under sections 409/477 (Kay 109 of the...... illegality or infirmity in the impugned judgment and order and accordingly the civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 115. ..Category: Civil Law | Date: 21 Oct, 2014 | Hits: 6
....Division, we do not find any substance in this civil petition for leave to appeal. Accordingly, this petition is dismissed.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 279.
......ion to the Secretary, Ministry of Education for granting him extraordinary leave for the said period without pay and for posting him to any Degree College situated within Dhaka. The similar nature of prayer was allowed in the case of one Mr. Ahmadul Bari, a Lecturer in Bengali Department, Dhaka Coll..
Category: Administrative Law | Date: 7 Sep, 2014 | Hits: 20
Subarna Garments Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....answered in negative and in favour of the Assessee-applicant. However, there shall be no order as to cost. Md. Emdadul Haque Azad, J: I agree. Ed. This Case is also Reported in: ......hittagong legally justified accept and entertained the departmental second appeal, filed seriously violating the section 158(4) of the Income Tax Ordinance 1984 without filed any condonation of delay prayer. (ii) Whether the Taxes Appellate Tribunal, lawful accepted and entertained the departme..Category: Fiscal/Taxation Law | Date: 3 Sep, 2014 | Hits: 1
Yunus (Md.) Vs. State & another, 2014, 43 CLC (HCD)
.... Let the lower Court's record along with a copy of this judgment be sent down to the concerned Court below at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 97 ......ent without any permit. The second case has ended in the discharge of the two accused. When the first case was going on before Sri SK Ganguly, Magistrate, 1 class, Alipore, the prosecutor made a prayer under section 494 of the Code of Criminal Procedure for withdrawal of the case under section ..Category: Criminal Law, Procedural Law | Date: 13 Aug, 2014 | Hits: 8
Haji Mohammad Ali vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
.... and in default threaten to file criminal cases under section 165 and 166 of the Income Tax Ordinance 1984 on the ground of so called concealment of income of the Assessee-applicant. Finding no other alternative the Assessee-applicant was compelled to make a payment on 10.2.2011 amounting to Tk. 50,......e answered in negative and in favour of the Assessee-applicant. However, there shall be no order as costs. Md. Emdadul Haque Azad J: I agree. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 24 Jul, 2014 | Hits: 0
J.S.M. Glass Industries Limited Vs. Deputy Commissioner of Taxes, 2014, 43 CLC (HCD)
.... of section 52 of the Income Tax Ordinance 1984 though can be interpreted as has included the gas bills on the plea that the Titas Gas (T&D) Co. Ltd., is supplying the goods to the consumer or in alternative the consumer is getting ‘gas supply’ upon ‘execution of a contract&rsq......from the gas bill, filed an application on 1.02.2006 before the Chairman, National Board of Revenue, praying for either adjustment of those amount with the future gas bill or to refund the same. That prayer being not responded, the Assessee-writ petitioner upon serving notice demanding justice upon ..Category: Fiscal/Taxation Law | Date: 23 Jul, 2014 | Hits: 0
Motiur Rahman and others Vs. Siddika Begum and Others, 2014, 43 CLC (HCD)
....ppeal No. 122 of 2009 is hereby upheld. The order of stay granted earlier by this court is vacated. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 179 ......ued calling upon die opposite parties No. 1 to show cause as to why the judgment and order dated 9-6-2013 passed by the District Judge, Kishoregonj in Miscellaneous Appeal No.122 of 2009 allowing the prayer for temporary injunction reversing the judgment and order dated 12-8-2009 passed in Partition..Category: Procedural Law | Date: 16 Jun, 2014 | Hits: 0
State Vs. Md. Sajjad Ali, 2014, 43 CLC (HCD)
....nection with any other case. Send down the lower Court records with a copy of this judgment to the concerned Court at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 161 ...... recovered. 50. In cross-examination, he stated that at the time of talking away the victim, Shafiqul was inside the shop. He cannot remember the exact time but it happened just after the magrib prayer. He did not disclose the matter to the father and mother of the deceased. He stated that the ..Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 15
Shahin Reza (Md.) Vs. Nasiruddin Howlader and others, 2014, 43 CLC (AD)
.... and findings given by Nazmun Ara Sultana, J. Order of Court This appeal is dismissed by majority decision. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 243 ......y his subsequent purchases from the heirs of Burundi Hawlader acquired valid title in the suit land. 46. Admittedly, the plaintiff filed the suit for declaration of title simpliciter without any prayer for recovery of possession. Had the plaintiff not in possession of 5.05 acres of land as cont..Category: Limitation Law, Property Law | Date: 5 Jun, 2014 | Hits: 11
....a foreign language, unless otherwise directed by a tribunal, this must be accompanied by an officially certified English translation.
21. Arbitration is public policy as in law it can be said to alternative dispute resolution which has been accepted whole over the World. When agreement having a......hrough arbitration expeditiously.
The order of injunction granted earlier by the trial Court is hereby vacated.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 330
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Category: Arbitration Law, Civil Law, Procedural Law | Date: 28 May, 2014 | Hits: 7
Amena Meher Vs. Md. Abdul Kader and others, 2014, 43 CLC (HCD)
..... The office is directed to communicate this order to the Joint District Judge, 2nd Court, Pabna for compliance. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 61 ......, Pabna having taken up the matter, heard both sides i.e. preemptee and pre-emptor opposite party. The pre-emptor opposite party of course did not file written objection although he resisted the prayer made by the pre-emptee, making oral submissions before the Joint District Judge, who upon hea..Category: Civil Law, Procedural Law | Date: 19 May, 2014 | Hits: 3
Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)
....the learned Advocate and his client resorted to clear fraud upon the Court for which they deserve to be reprimanded. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 215. ......n Writ Petition No.4608 of 2009 as early as in August, 2011, prayed for an stay of the operation of the High Court Division's order for two months so that the school could be shifted and the said prayer was granted. Yet, instead of shifting the school, for which stay was successfully applied for..Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20
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