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Nuvista Pharma Limited Vs. Chairman, National Board of Revenue & ors, 2010, 39 CLC (AD)
....s and any other information mentioned in the application for registration for VAT he may apply to the concerned authority at least 14 days before the date of change. Section 59 of the Act contains mandatory provisions for change of ownÂership of the business organization and the comÂpany which...... perÂtinent question before us for consideration is whether after change of the name of the petitionÂer company from Organ (Bangladesh) Limited to Nuvista Pharma Limited having complied with the provisions of the VAT Act and Rules framed thereunder by furnishing Bank Guarantee and undertaking ..Category: Business or Commercial Law | Date: 4 Jan, 2010 | Hits: 4
Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)
....he result, the appeal is dismissed with costs. The connected Rule is discharged. Send down the lower Court records at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 679. ......o on filing of a suit in a Civil Court but only attracts that the suits of the nature mentioned in sub-section (1) of section 92 shall not be instituted in a Civil Court except in conformity with the provisions set out there. This section applies to public trust and provides that a suit against a tr..Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94
Nirmal Chandra Shaha Vs. The State and others, 2009, 38 CLC (HCD)
....liance to the Registrar of this Court. With the above directions and observations, the appeal is allowed. Naima Haider J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 584. .......S.C. record, the victim was born on 01.04.1993 and she was, therefore, below 17 years of age and according to the provision of The Majority Act she was a minor and, therefore, according to the provisions of the Guardianship and Wards Act, the appellant being a father is the rightful guardian ..Category: Women and Children | Date: 14 Dec, 2009 | Hits: 150
Md. Saiful Islam and others Vs. State and another, 2009, 38 CLC (HCD)
....hatsoever. He submits that a naraji petition is always treated as a fresh petition of complainant in that event examination of the complainant under section 200 of the Code of Criminal Procedure is mandatory but in the instant case the Tribunal without examining him under section 200 most illega...... 2000 pending in the Nari-O-Shishu Nirjatan Daman Tribunal, Sirajgonj is hereby quashed. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 420. ..Category: Women and Children | Date: 8 Dec, 2009 | Hits: 14
Rezaul Kabir (Md.) and another Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....no correspondence was made to the Ministry of Local Government, Rural Development and Cooperatives for regularizing the posts and appointments of the Petitioners but whether such steps were mandatory for the appointments of such posts is not apparent from the materials before us. Since the......ave been passed without any lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 19 ..Category: Administrative Law, Employment/Service Law | Date: 22 Nov, 2009 | Hits: 3
....onstruct a boundary wall which has been
demolished by the contractor within such period.
Stay granted earlier by this court is
hereby vacated.
Ed.
This Case
is also Reported in:
...... Dhaka City Corporation, took a project to construct a new link road through
the Azimpur Graveyard by demolishing 1000 of graves ignoring religious sentiment
which also stands against the statutory provisions of law, laid down in section
125 of the Dhaka City Corporation Ordinance, 1983. It is fu..
Category: Constitutional Law | Date: 17 Nov, 2009 | Hits: 6
Md. Jubayer Vs. State and others, 2009, 38 CLC (HCD)
.... giving the accused-petitioner the statutory period of thirty days time for making arrangeÂment of payment of the money in question and, thus, the complainant-opposite party Nos.2 and 3 violated the mandatory proviÂsions of clause (c) of the proviso to the subÂsection (1) of Section 138 and claus......¦â€¦â€¦â€¦â€¦â€¦â€¦(19) Application of the Code of Criminal Procedure The language used in Section 141 of the Negotiable Instruments Act with a non-obstante clause makes it clear that the provisions of the Code of Criminal Procedure shall not be applicable in the case of filing of the p..Category: Criminal Law | Date: 9 Nov, 2009 | Hits: 128
Md. Rezaul Kabir Vs. State and another, 2009, 38 CLC (HCD)
....es that something shall be done or done in a particular manner or form, without expressly declaring what shall be the consequence of non-compliance, is the requirement to be regarded as imperative or mandatory or merely as directory or permissive. It is the duty of the Courts of justice to try to ge......oner, wherein he claimed himself absolutely innocent and also claimed that in this case he has been made a victim of a deep rooted conspiracy and that the instant case being a trap case the mandatory provisions of law prescribed therefore, in laying and conducting a trap case has not, at all, been f..Category: Anti-Corruption Laws | Date: 11 Oct, 2009 | Hits: 10
Md. Mainul Haque Bhuyan Vs. Md. Akkas Miah, 2009, 38 CLC (HCD)
.... Order. Let a copy of the judgment be sent to the Assistant Judge, Second Court and House Rent Controller, Dhaka at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 425. ......ided by Order VII Rule 11 of the Code. Order VII Rule 11 of the Code prescribed the circumstances when a plaint would be liable to be rejected. In the cause title of the application of this case, the provisions of Sections 13 and 28 were found and relief is prayed for under section 27 of House Rent ..Category: Tenancy Law | Date: 6 Oct, 2009 | Hits: 127
State Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others, 2009, 38 CLC (HCD)
.... judgment is circulated to all Judicial Officers in the service of the Republic. Md. Fazlur Rahman J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 369; 15 MLR (HCD)(2010) 59. ...... a news item was broadcast at about 9:00 p.m. on Channel I which caught our attention. It was reported that a minor girl by the name of S. [the identity of the girl is withheld in compliance with the provisions of section 17 of the Children Act, 1974 and section 14(1) of the Nari-o-Shishu Nirjatan D..Category: Women and Children | Date: 3 Sep, 2009 | Hits: 198
....tion money
along with the compensation, so deposited by the pre-emptor.
Send down the lower
Courts records immediately.
Ed.
This Case
is also Reported in: 30 BLD (HCD) (2010) 318.
......ed
at such findings and decisions upon consideration of the materials on record.
Be that as it may, I have considered the section 96 and sub-section (1) and (2) and
upon close consideration of the provisions of the aforesaid section, it appears
to me that the Court has to decide only upon inquir..
Category: Property Law | Date: 25 Aug, 2009 | Hits: 3
Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)
....izance of the case the Court is required under section 32(1) of the said Act to be ensured that there is a sanction from the said Commission for taking cognizance of the case. The said provision is a mandatory provision of law and no Court can take cognizance of the case unless there is a sanction f......d. Since the appellant is on bail, let him be released from the bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 107. ..Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286
.... order of stay granted earlier by this Court stands vacated.
Office is directed to send down the record of the case at once.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 73.
......al encroachment into the tenancy law of the Country, its purpose is to protect the tenant from ejectment from the tenanted premises and has given the tenant certain benefits, notwithstanding the provisions of the Transfer of the Property Act or the Contract Act. The general law governing r..
Category: Tenancy Law | Date: 5 Jul, 2009 | Hits: 154
Most. Abu Tara Vs. Md. Abdur Rahim Khan and others, 2009, 38 CLC (HCD)
.... rule is discharged without any order as to costs. Lower Courts records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 449. ...... locus standi to institute the suit. That there is no cause of action to institute the suit. That the suit is barred by principles of estoppel, waiver and acquiescence and that the suit is hit by the provisions of the Specific Relief Act. The petitioner further stated in her written statement that 2..Category: Evidence Law | Date: 25 Jun, 2009 | Hits: 42
Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (AD)
....9 of 2001 are hereby declared to have been passed without lawful authority and is of no legal effect. Accordingly, the appeals are allowed without any order as to costs. Ed. ......in sub-rule (1) of Rule 8. Rule 23 provides for Seniority and promoÂtion of employees of different Grades; (1)...................................................... 12. Thereby, these provisions not only repealed the previous office order dated 11-8-1966 but also made new rules in su..Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 256
Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (HCD)
....ithout lawful authority and is of no legal effect. Accordingly, the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 214. ......in sub-rule (1) of Rule 8. Rule 23 provides for Seniority and promoÂtion of employees of different Grades; (1)...................................................... 12. Thereby, these provisions not only repealed the previous office order dated 11-8-1966 but also made new rules in su..Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 3
Md. Babul Hossain Mollah and others Vs. Hasneara Begum and others, 2009, 38 CLC (HCD)
....fice is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 312. ...... suit which is decreed on contest, if there is any express provision of appeal, the defendants have the remedy by way of filing appeal under Order 41 of the Code of Civil Procedure, 1908 and other provisions of the Code cannot be invoked. It is well settled that where decree in question was gran..Category: Procedural Law | Date: 28 May, 2009 | Hits: 3
Sheikh Md. Nurul Haque Vs. State and anothÂer, 2009, 38 CLC (HCD)
....ds vacated. Send a copy of this order to the Metropolitan Magistrate, Khulna for compliÂance. Md. Ataur Rahman Khan J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 162. ......hat it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provisions of this Act, be punÂished with imprisonment for a term which may extend to one year, or ..Category: Banking Law | Date: 26 May, 2009 | Hits: 663
Bangladesh National Women Lawyers Association (BNWLA) Vs. Bangladesh and Others, 2009, 38 CLC (HCD)
....ficult task in public interest. There is no order as to costs. Quamrul Islam Siddiqui J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 415, 14 BLC (HCD)(2009) 694. ......omen Lawyers Association (BNWLA) was formed in 1979 by a group of women lawyers with an aim and objective to empower the women and children of their rights. 3. At present there are no legislative provisions to address sexual harassment of women and girl children and in the absence of the legisla..Category: Women and Children | Date: 14 May, 2009 | Hits: 330
Sirajul Islam (Md) Vs. Tauhid Uddin Ahmed & another, 2009, 38 CLC (HCD)
.... which was dishonoured on 7-2-2006; that the legal notice was sent on 12-2-2006 and the case was filed on 7-3-2006 i.e. after 25 days of issuance of notice and that case was filed in violation of the mandatory provision of law. He further submits that the complainant only mentioned the sending date ......hat it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provisions of this Act, be punished with imprisonment for a term which may extend to one year, or wi..Category: Banking Law | Date: 4 May, 2009 | Hits: 280
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