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Hafiz Ahmed Mazumder Vs. Pubali Bank Limited, 2014, 43 CLC (HCD)
....hes located all over Bangladesh it's shares are listed and publicly traded in the Dhaka and Chittagong Stock Exchanges; that the Respondent No. 2 is the Office of the Chief Election Commissioner, for conducting election to the office of the Board of Directors in the 30th AGM of Pubali Bank Limit......g in their individual names as on record date (4-4-2013) and also prayed that pending disposal of the petition, stay operation of the relevant portion of the notice dated 14-8-2013 in relation to the declaration of ineligibility of the petitioners to contest in the post of directors as they do not h..Category: Banking Law, Corporate Law | Date: 25 Feb, 2014 | Hits: 9
BOC Bangladesh Ltd Vs. National Board of Revenue and others, 2014, 43 CLC (AD)
.... impugning the order No.CEVT/CASH (VAT-05/98 dated 30-6-1998 issued by writ-respondent No.2 rejecting the appeal of the writ-petitioner in full and refusing the prices declared by the writ-petitioner for the products manufactured by them by fixing new prices for their products according to......rovided Within 10 Working Days—Sub-rule (3) of rule 3 provides that VAT authorities are required to intimate in writing to the VAT registered person their objection, if any, regarding the price declaration within 10 working days of receiving the price declaration.......(13) Lawyers I..Category: Fiscal/Taxation Law | Date: 19 Feb, 2014 | Hits: 5
Aftab Uddin (Md.) Vs. Chairman, Court of Settlement and another, 2014, 43 CLC (AD)
....om the 'Kha' list of the abandoned buildings published in the Bangladesh Gazette (Extraordinary) dated 23 September, 1986 as per provision of section 5(1) (b) of the Ordinance, was leased out for Taka 600 by the then Government of East Pakistan on 10-2-1956 to one Kulsum Bibi wife of Abdur R...... record arrived at the findings that 'it is abundantly clear that the petitioner has failed to establish his case that it is not an abandoned property within the meaning of PO 16 of 1972, and the declaration and inclusion of the property in the 'Kha' list of abandoned buildings by the re..Category: Abandoned Properties Law | Date: 19 Feb, 2014 | Hits: 21
S.N. Kabir Vs. Fatema Begum and others, 2014, 43 CLC (AD)
....preted are not clear and unambiguous. The words 'immoveable property' occurring in section 5 of the Ordinance include both agricultural and non-agricultural properties. There is no scope for encroaching upon the domain of legislature by importing the words 'rural area' in sectio......ment. 3. The facts leading to the filing of both the civil petitions for leave to appeal, in brief, are: The plaintiff instituted Title Suit No.149 of 2002 and Title Suit No.270 of 2002 for declaration that he is the owner of the suit property and that the defendant-wife is his benamdar an..Category: Property Law | Date: 16 Feb, 2014 | Hits: 19
Delipjan being dead her heirs: Fazal Haque and other Vs. Shahed Badsha and others, 2014, 43 CLC (AD)
.... 2. The facts, leading to this appeal, in brief, are as follows: The appellants herein as the plaintiffs instituted Title Suit No.65 of 1989 in the Court of Assistant Judge, Dhamrai, Dhaka for declaration of title in respect of "Kha" schedule land of the plaint. The case of the ...... The facts, leading to this appeal, in brief, are as follows: The appellants herein as the plaintiffs instituted Title Suit No.65 of 1989 in the Court of Assistant Judge, Dhamrai, Dhaka for declaration of title in respect of "Kha" schedule land of the plaint. The case of the plai..Category: Civil Law | Date: 11 Feb, 2014 | Hits: 5
Mortuz Ali Khalifa Vs. Jobeda ® Kalu Bibiand others, 2014, 43 CLC (AD)
....lati Chowdhury Barua, Advocate-on-Record on behalf of Md. Nawab Ali, Advocate-on-Record—For the Appellant. None Represented—For Respondents. Recall the plaintiffs' witnesses for cross-examination It is a cardinal principle of law that every party to litigation mu......a, appellant herein, was defendant No.14 in Title Suit No.101 of 1997, which was instituted by Jobeda @ Kalu Bibi and others in the Court of Senior Assistant Judge, Naleiti, Jhalakati for declaration of title and partition in respect of 1.28 1/2 acres of land. The appellant belatedly fil..Category: Civil Law | Date: 29 Jan, 2014 | Hits: 1
Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)
....and order dated 17-9-2013 passed by the Appellate Division in Criminal Appeal Nos.24-25 of 2013) Judgment Surendra Kumar Sinha J. - These petitions under Article 105 of the Constitution are for review of the judgments of this Division in Criminal Appeal Nos.24 and 25 of 2013. The former ap...... Bangladesh following the onslaught of Operation Search Light' from the night following 25th March, 1971 to 16th December, 1971, by the Pakistani occupation army and their collaborators after the declaration of independence of the country by late Sheikh Mujibur Rahman. There were wide sprea..Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15
....Law Act (XLII of 2006) Sections 202(21) & Sections 317(4)
Power Invested to Labour Court—
There is a Distinction between the Election of a Collective Bargaining Agent and Election for the Office Bearers of a Trade Union—
Labour Court has not been invested with any powe......2011 by placing an application under section 213 of the Bangladesh Labour Act, 2006 (hereinafter to be referred as the Act, 2006) impleading the present petitioners as second party praying for a declaration that second party-petitioners had no authority to hold election of the trade union in qu..
Category: Labour and Industrial Law | Date: 18 Nov, 2013 | Hits: 5
Ahmed Lal Mia Vs. State and another, 2013, 42 CLC (AD)
....idullah, Advocate-on-Record—For the Petitioner. Zainul Abedin, Advocate-on-Record—For Respondent Nos.2-4. None represented—For Respondent No.1. Criminal Petition for Leave to Appeal No.563 of 2012. (From the judgment and order dated the 21st day of May, 201......itting that the accused already filed a money suit against the complainant being Money Suit No. 13 of 2012 claiming a sum of Taka 33,97,000 in connection with the dishonoured cheque and also for declaration that he (the complainant) was not entitled to encash the cheque given by him on 16-1-201..Category: Criminal Law | Date: 3 Oct, 2013 | Hits: 5
Satsang Bangladesh, D. Pakutia Vs. People’s Republic of Bangladesh and others, 2013, 42 CLC (HCD)
....ng the appeal and thereby affirmed the judgment and order dated 28-1-2008 passed by the learned Senior Assistant Judge, Pabna Sadar, Pabna in Other Class Suit No.51 of 2007 rejecting the, application for temporary injunction under Order XXXIX, rules 1 and 2 of the Code of Civil Procedure should not ......angail represented by Dhrito Broto Adytta, son of late Rashbihari Adytta, filed the original suit being Other Class Suit No.51 of 2007 in the Court of Senior Assistant Judge, Pabna Sadar. Pabna for a declaration that the plaintiff 'Satsang Bangladesh' is the only legal representative in -Ban..Category: Civil Law, Procedural Law | Date: 26 Sep, 2013 | Hits: 3
....judicated the same in accordance with the provisions of the VAT Act. But they cannot adjust any disputed amount, which was never adjudicated under section 55 of the VAT Act.
When the application for cancellation of the VAT registration was filed under section 19(1) of the Act, it was the duty o......ed in the show cause notice dated 23-4-2003. In the affidavit-in-opposition filed by the Divisional Officer, it was stated that the writ-petitioner declared use of 65 kgs of Zinc Ingot per ton in its declaration dated 28-4-1994, the respondents rightly counter claimed Taka 2, 30, 58,220 which was ta..
Category: Fiscal/Taxation Law | Date: 24 Sep, 2013 | Hits: 9
....…Respondents
Judgment
August 1, 2013.
Result:
The Rule is made absolute.
Cases Referred to-
Kusper Vs. Pontikes, 414 US, at 57, 38L Ed 2nd at 266; Whitney Vs. California, 274 US 357, 71 L Ed 1095, 47 S Ct 641 (1927); Brandenbourg Vs. Ohio, 395 US, at 447, 449, 23......hereby declared to have been given without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 14.
..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
....…Respondents
Judgment
August 1, 2013.
Result:
The Rule is made absolute.
Cases Referred to-
Kusper Vs. Pontikes, 414 US, at 57, 38L Ed 2nd at 266; Whitney Vs. California, 274 US 357, 71 L Ed 1095, 47 S Ct 641 (1927); Brandenbourg Vs. Ohio, 395 US, at 447, 449, 23......of no reopening by the authority that passed it. The argument is jurisprudentially wrong and seemingly imported from the law of contract. No party is bound by a void contract and by the same token no declaration of invalidity of a void contract is necessary as either party can refuse to be bound by ..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
Syed Raihan Hasan Ali Chowdhury Vs. Syed Hamde Ali Chow¬dhury and others, 2013, 42 CLC (HCD)
.... contained in section 35 as all the provisions of section 35 have been made applicable to an order made under this section which means that an order made by the Administrator is liable to challenge before the District Judge and any order made by the District Judge is appealable to the High Court, wh......tition within three months of the publication of such notification or of passing of such order, to the District Judge within whose jurisdiction such waqf property or a part thereof is situated, for a declaration. (a) that the property is not a waqf property; or (b) that the property is waq..Category: Trust/Waqf Law | Date: 29 Jul, 2013 | Hits: 5
Monowara Begum Vs. Government of Bangladesh others, 2013, 42 CLC (HCD)
.... allowing the same and reversing those dated 29-4-1995 passed by the learned Senior Assistant Judge, Nalchity, in Title Suit No. 105 of 1993 dismissing the suit should not be set-aside. 2. Facts for disposal of the Rule, in short, are that the opposite party Nos. 1 and 2 as plaintiffs inst......ts for disposal of the Rule, in short, are that the opposite party Nos. 1 and 2 as plaintiffs instituted Title Suit No.105 of 1993 in the Court of Senior Assistant Judge, Nalchity, Jhalakati for declaration that the decree passed in Title Suit No. 351 of 1975 is illegal, void and for further de..Category: Civil Law, Property Law | Date: 16 Jun, 2013 | Hits: 2
....alse papers
against the plaintiff?
The suit cannot be finally
adjudicated without taking evidence. If so is done, it will be treated as ultra
vires. A case cannot be finally adjudicated before trial. In situations e.g.
dismissal of services, the High Court Division cannot allow the pray......court in Title suit No.313
of 2005 rejecting the plaint.
2. The short facts leading to this petition
are that the respondent No.1 as plaintiff filed original suit No.313 of 2005
praying for a declaration to the effect that the Letter dated 12-6-1999 issued
by the defendant No.1 is illegal, ..
Category: Procedural Law | Date: 6 May, 2013 | Hits: 15
Moklesuddin Ahmed and another Vs. Rezia Khatun and others, 2013, 42 CLC (HCD)
....: PC Guha, Advocate—For the Appellant-Petitioners. First Appeal No.684 of 2001. Judgment Md. Nuruzzaman J.- This application has been filed by the appellant petitioners for re-admission of the instant appeal, which was dismissed for non-prosecution on 28-1-2013. 2...... short, are that the appellant-petitioners as plaintiffs instituted a suit being Title Suit No.21 of 1999 in the Court of the Subordinate Judge, now Joint District Judge, 1s Court, Manikganj for declaration of title in the suit property and for further declaration that the RS record of the suit..Category: Constitutional Law | Date: 5 May, 2013 | Hits: 4
Bangladesh Inland Water Transport Au¬thority (BIWTA) Vs. Bangladesh & others, 2013, 42 CLC (HCD)
....xure-D is without lawful authority and is of no legal effect and as to why the respondents should not be restrained by an order of injunction from leasing out the land of Maowa Riverport and its foreshore land in any manner and/or such other or further order or orders passed as to this court ma......y J.— This Rule Nisi is directed against a tender notification vide a memo No.মুজেপ 0011/06/12/92 dated 7-5-2012 as per Annexure-'D' to this writ petition seeking further declaration that the said Annexure-D is without lawful authority and is of no legal effect and ..Category: Constitutional Law | Date: 15 Apr, 2013 | Hits: 3
Md. Mostafa Vs. Nrayangonj District Council and others, 2013, 42 CLC (AD)
..... Result: The petition is dismissed. Lawyers Involved: Muhammad Nawab Ali, Advocate-on-Record-For the Petitioner Sufia Khatun, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.1030 of 2009 (From the judgment and order dated 13th January, 2009 p......ing the suit. 2. The facts of the case, in brief, are that the petitioner-plaintiff instituted Title Suit No.102 of 1999 before the Court of Joint District Judge, First Court, Narayangonj seeking declaration of title, confirmation of possession and recovery of khas possession in the suit land me..Category: Civil Law | Date: 1 Mar, 2013 | Hits: 115
Shamir Chandra Sajwal and others Vs. Government of Bangladesh, 2013, 42 CLC (HCD)
....nephew Chandra Kanta Sajwal. On the death of CS recorded tenant Goalak Bashi and Mohon Bashi their total shares devolved upon their nephews in absence of their sons and daughters in equal share. The aforesaid nephews are one Rajani Kanta and Jogendra Nath, who is the plaintiff No.5 of the suit; Duri......rd the Tahashilder of the defendant government of Bangladesh on 15-11-2005 claimed the suit disowning the right, title and interest of the plaintiffs. Hence the plaintiffs filed the original suit for declaration of title. 3. The contrary case of the defendant in short thus, that the suit proper..Category: Procedural Law | Date: 13 Feb, 2013 | Hits: 8
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