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Idrish Ali Bhuiyan (Md) Vs. Dr. Alauddin Ahmed & ors., 2002, 31 CLC (HCD)
....e preliminary matter prior to hear amendment petition is not correct as the Tribunal has already taken up both the matters for hearing and decision as those are inter‑related and to be decided at a time in the fact and circumstances of the present case. About his submission for adding some unneces......g out the name of respondent Nos. 1‑3, 8 & 9 and the prayers 'b', ‘c’, ‘d’ & ’e’ in the prayer portion of the election petition. Ed. This Case is also Reported in: 55 DLR (2003) 19...Category: Election Law | Date: | Hits: 85
Hanif Ali (Md) Vs. Hajera Khatun and others, 2002, 31 CLC (HCD)
....3 are being represented by Mr. Mahmudul Islam along with Mr. Probir Neogi, learned Advocates. 7. Mr. Kabir has taken 3 (three) points before me. Firstly, he submits that there being no prescribed time limit for filing and deciding the partition suit the learned Assistant Judge, committed an erro......oner before the trial Court for the amendment is allowed. In view of the facts and circumstances there will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 17. ..Category: Property Law | Date: | Hits: 34
Habib (Md) and another Vs. State represented by the Deputy Commissioner, 1999, 28 CLC (HCD)
....ck was delivered to the importer on the request of Md. Habib, the guarantor, it was also stated by the godown authority that Mr. Habib promised to refund the entire stock to the godown within a short time. Then the owner of the godown Mr Islam informed this fact in writing to the Bank on 30-3-98. Th...... proceedings of GR Case No. 929 of 1998 so far it relates to the present petitioners Md. Habib and Ahmed Abdullah Lokman are quashed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 105. ..Category: Criminal Law | Date: | Hits: 39
Shahjahan Ali Khan (Md) and others Vs. Bangladesh, 1999, 28 CLC (HCD)
....on (revision) Case No. 8 1996 before the Arbitration Tribunal (Subordinate Judge, Dhaka) claiming an amount of Taka 17,50,00,000.00 as compensation. It has been contended by the petitioners that some time after filing of the arbitration case they came to know that amendment has been done by way of i......ion of Article 116A of the Constitution. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 99. ..Category: Alternative Dispute Resolution | Date: | Hits: 191
Saroj Kanta Sarker Vs. Seraj‑ud‑Dowla & ors., 2003, 32 CLC (HCD)
....forma defendant No. 4 in cash or cheque would execute and register necessary deeds of sale in favour of the plaintiff and defendant No. 3 or their nominated persons. 6. It was also agreed that the time limit mentioned in the contracts was cancelled by consent of the parties. 7. Pursuant to sai......he appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 39. ..Category: Civil Law | Date: | Hits: 78
Shahidul Islam (Md) alias HM Shahid Vs. State, 2003, 32 CLC (HCD)
....e (accused appellant) used to visit their house from before. This witness has stated in cross-examination that the accused appellant abducted his victim daughter by force by a baby-taxi and at that time he was in his office and the building he resides in is surrounded by boundary walls and there a......used appellant Md. Shahidul Islam alias HM Shahid, son of Md. Afseruddin Howlader be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 35...Category: Criminal Law | Date: | Hits: 43
Abdul Kader Mirza and another Vs. Bangladesh, 2003, 32 CLC (HCD)
....eneral on this point also specifically, we think this petition (Writ Petition No. 5951 of 20031) can be disposed of by giving direction in the matter without issuance of Rule as it would consume much time and delay for disposal of the proceeding. We have in this connection gone through section 4(4)o......he Writ Petition No. 5951 of 2003 is disposed of with the direction as given above and Writ Petition No. 6047 of 20031 is rejected summarily. Ed. This Case is also Reported in:56 DLR (2004) 31. ..Category: Criminal Law | Date: | Hits: 50
National Bank Ltd. and others Vs. Habib Bank Ltd. and others, 2002, 31 CLC (HCD)
....ion, New York (AMEX for short). The Habib Bank, Dubai Branch, also informed the NBL, Khulna Branch, by its telex dated 20‑3‑1986 about their such demand of payment from AMEX, New York. In the meantime, the plaintiff of TS No. 56 of 1987 came to learn from Aqua Marine Ltd on the 20th March, 1986,......hat the bill (Exhibit F) itself is an evidence of payment. 45. Rather, the stipulated endorsement on the back of the LC although not conclusive on its own, would have gone a long way to prove such appointment. The Letter of Credit (Exhibit 1 and Exhibit D, D-1) embodies a number of terms and cond..Category: Business or Commercial Law | Date: | Hits: 202
Abul Hossain and others Vs. State and another, 2003, 32 CLC (HCD)
....367 of the Code, then an order for writing a proper judgment may be necessary and desirable". 14. In the case of Kashem vs. State, 40 DLR (AD) 294 their Lordships observed that "with the change of time and circumstances attending the administration of criminal justice, time has come and experienc......esolved and decided in the case only on a proper discussion and assessment of evidence on record. This application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 12. ..Category: Criminal Law | Date: | Hits: 34
.... was not given a chance of hearing to defend himself. The operation of the impugned order vide-E to the writ petition was stayed by this Court for a period of 3(three) months on 24‑11‑2002 at the time of issuance of the Rule. The said order of stay was subsequently extended on 23‑2‑2003 for ......6‑11‑2002 vide Annexure E to the writ petition is hereby declared to have been issued without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 56 DLR (2004) 1.
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Category: Environmental Law | Date: | Hits: 226
Didarul Kabir (Md) Vs. Commissioner of Customs and others, 2001, 30 CLC (HCD)
....ition was rapidly deteriorating and the vessel was burnt by fire twice and as a result of which all engine bearings, pumps, electrical system were totally damaged beyond repair and the vessel at that time had no crew member on board resulting in damage to navigable equipment and safety equipment and......ischarged however without any order as to cost. The respondents are at liberty to realise the balance dues by encashing the Bank Guarantee. Ed. This Case is also Reported in: 55 DLR (2003) 11...Category: Fiscal/Taxation Law | Date: | Hits: 77
Nannu Mia @ Habibur Rahman Vs. State, 2002, 31 CLC (HCD)
....e. Now let us examine the relevant law; section 25B of the Special Powers Act; Penalty for smuggling: "(1) whoever, in breach of any prohibition or restriction imposed by or under any law for the time being in force, or evading payment of customs duties or taxes leviable thereon under any law fo...... the charge thereunder. The appellant be set at liberty, if not wanted in any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 7. ..Category: Criminal Law | Date: | Hits: 43
Narayanganj High School and others Vs. Pran Ballave Saha Banik and others, 1998, 27 CLC (HCD)
....collusive and without jurisdiction and he is still an Assistant Teacher of the said School alleging, inter alia, that he has been a Senior Teacher of Mathematics of Narayanganj High School for a long time and he has been honestly and efficiently discharging his duty all through. It was further conte......ffirmed by the District Judge, Narayanganj in Title Appeal No.60 of 1990, are maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 90...Category: Employment/Service Law | Date: | Hits: 72
Nibash Chandra @ Chinu Vs. Dipali Rani and another, 1999, 28 CLC (HCD)
....rohibition Act, 1980. 2. Complaint case at the trial was that, the complainant was married with the accused 4 years ago. Father of the complainant paid Taka 30,000.00 in cash to the accused at the time of marriage and also gave gold ornaments including wrist watch at the cost of Taka 60,000.00 du......y at once if not required in any other case. Bail bond is discharged. LC record along with copy of the judgment be sent down at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 87...Category: Family Law | Date: | Hits: 175
American Express Bank Limited Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
.... accordingly, the petitioner company on subsequent assessment years 1992-93, 1993-94, 1994-95, 1995-96, 1996-97 and 1997-98 submitted Income Tax returns before the Deputy Commissioner of Taxes within time along with profit and loss account duly certified by the chartered accountant accompanied by to......2-93 to 1997-98 are without lawful authority and of no legal effect. In the result the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002)7. ..Category: Fiscal/Taxation Law | Date: | Hits: 132
....aims to have commenced its commercial production. Its projected annual output was put at 30,000 metric tons. It requires for its production raw materials from abroad. It says it will be obliged, each time it imports its raw materials from abroad, to divert a substantial part of its working capital f......sion we are of the opinion that the Rule is liable to be discharged. In the result the Rule is discharged. There will he no order as to cost.
Ed.
This Case is also Reported in: 54 DLR (2002) 1.
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Category: Fiscal/Taxation Law | Date: | Hits: 108
....ral occasions instructed them to depose and face the cross-examination as tutored by him. In spite of direction given by this court to complete the trial expeditiously, the petitioner repeatedly took time and managed to examine only 7 witnesses out of 36 witnesses in one year and three months i.e. f...... dated 8-6-97 issued by the respondent No.2 on behalf of the Ministry of Law, Justice and Parliamentary Affairs. A copy of the Judgment and order dated 8-5-95 passed by the Appellate Division and the appointment letter are annexed to the writ petition and marked as Annexure ‘A’ & ‘A (1)’..
Category: Employment/Service Law | Date: | Hits: 108
Sonali Bank and another Vs. Md. Harun, 1999, 28 CLC (HCD)
....aintiff failed to run the mill due to non payment of the aforesaid amount he applied for further amount and after negotiation the bank increased the cash credit limit to Taka 4.00 lac but at the same time they deducted the IDA credit amount already received by the plaintiff resulting in the plaintif...... 43,000.00 are hereby affirmed with interest at the rate of 8% per annum till realisation. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 75...Category: Civil Law | Date: | Hits: 72
M Saleem Ullah, Advocate and others Vs. Bangladesh, 2002, 31 CLC (HCD)
.... of the vacant space in between Road No. 3 and 4 of Block A, Section 12, Mirpur Housing Estate and the entire remaining portion is still lying vacant. The learned Advocate further submits that at the time of issuance of the Rule the respondents were directed not to change the nature and character of......aka into residential plots and police station is hereby declared to have been made without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 1. ..Category: Environmental Law | Date: | Hits: 259
.... for assessment and payment of VAT at the rate of 15% on the import of goods at the stage of import, goods produced in Bangladesh at the stage of making or manufacture, services by the person at the, time of giving the service and in other cases by the supplier. Luxury goods, unessential and sociall...... the above facts and circumstances we find no merit in this Rule.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 72...
Category: Fiscal/Taxation Law | Date: | Hits: 93
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