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Dream Land Properties Ltd. Vs. Hazi Abdul Wazed and others, 2012, 41 CLC (AD)
....is remanded to the High Court Division for disposal of the appeal on merit. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 67. ......view to minimize the harassment of the parties to the litigation and also to reduce the docket. It cannot be said that the evidence on record are not sufficient to determine the suit finally in the absence of expert's opinion. If it requires an expert's opinion for ends of justice, the High Court ......is remanded to the High Court Division for disposal of the appeal on merit. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 67. ..Category: Procedural Law | Date: 19 Feb, 2012 | Hits: 147
Sonali Bank Vs. Habib Medical Store and Others, 2012, 41 CLC (HCD)
....: "The next question comes as to whether the Court will grant any interest on this amount for the period beginning form 13-12-71 to filing of the suit on 29-12-74. As the company came under total disability in the matter of operating its business as well as the Bank accounts for no fault f......dismissed without any order as to cost. Send down the LC record with a copy of the judgment at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 73 ......dismissed without any order as to cost. Send down the LC record with a copy of the judgment at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 73 ..Category: Banking Law | Date: 14 Feb, 2012 | Hits: 0
....gh Court Division is correct.
Accordingly the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489.
......gh Court Division is correct.
Accordingly the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489.
......tion of the statute itself.
The way this explanation is being construed by the learned counsel for the petitioners, has the effect of conferring on the Textile Commissioner, an altogether different jurisdiction, not identical with the one already conferred by the enacting provision, that is, to lo..
Category: Election Law | Date: 14 Feb, 2012 | Hits: 262
....o;কর্তন’ generally connotes that some small thing is to be deducted or cut off from a bigger thing. There may be an understanding that VAT has to be deducted from the consideration or total receivable..............(38)
Value Added Tax Act (XXII of 1991)
Section 6, Rule 18(......, only the Government can issue such Guideline under section 34(Ga). In addition, under the amended provisions of section 38, the Government may determine procedure and fees for renewal of licence in absence of Rules and Regulations in this regard. This section has confined the power of the Governme...... (Para-16)
"Had there been no licence in favour of BTL the agreement, standing alone, would have been purely commercial contract, the cancellation of which could not have attracted the writ jurisdiction of the High Court Division but as the agreement merged into the licence (granted under ..
Category: Fiscal/Taxation Law, Information Technology Law | Date: 13 Feb, 2012 | Hits: 15
.... mark "PRAN FROOTO" is always makes a reference to the product manufactured and marketed by the petitioner under the aforesaid brand. The Trade mark "PRAN FROOTO" is the property of the petitioner. A total volume of sale of "PRAN FROOTO" mango juice is at Tk. 4376.70 million in four years starting f......s he has to provide for some ways and devices for protecting the interest of competing proprietors and the interest of the public in general to save them from possible deception and confusion. In the absence of fraud/ there could be no direction under Section 46 of the Act with regard to registratio......rade mark No.31112 in Class -32 for the Trade Name "FROOTI", in accordance with law.
However, there shall be no order as to costs.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 730.
..
Category: Intellectual Property Law | Date: 12 Feb, 2012 | Hits: 91
Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)
....r carrying out the directions of this Court but the ultimate responsibility shall lie with the collector and the Deputy commissioner, Dhaka. 38. The Receiver shall get an honorarium @ 10% of the total income derived per month out of the attached property. 39. The receiver shall take over p......n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ......n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ..Category: Property Law | Date: 7 Feb, 2012 | Hits: 4
....can be treated as a public interest litigation, and the
necessity of swearing any affidavit can be dispensed with.
The office is directed accordingly.
Ed.
This Case is also Reported in:......congestion is destined to multiply in and around Karwanbazar if the car park is
turned into shops.
6. Dhaka city is already swamped with heavy traffic jam. One
of the causes behind this is the absence of wide road and deficiency of car parks.
So, when it is imperative to set up more car park......can be treated as a public interest litigation, and the
necessity of swearing any affidavit can be dispensed with.
The office is directed accordingly.
Ed.
This Case is also Reported in:..
Category: Constitutional Law | Date: 2 Feb, 2012 | Hits: 15
Abdur Razzak Vs. State, 2012, 41 CLC (HCD)
....dgment and Order to the learned Divisional Special Judge, Dhaka and another copy to the Chairman of Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 192. ......dgment and Order to the learned Divisional Special Judge, Dhaka and another copy to the Chairman of Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 192. ......dgment and Order to the learned Divisional Special Judge, Dhaka and another copy to the Chairman of Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 192. ..Category: Anti-Corruption Laws | Date: 2 Feb, 2012 | Hits: 134
Shah Md. Saiful Alam alias Liton and another Vs. State, 2012, 41 CLC (HCD)
....e Tribunal concerned is directed to proceed with the case in accordance with law. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......e Tribunal concerned is directed to proceed with the case in accordance with law. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......e Tribunal concerned is directed to proceed with the case in accordance with law. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 2 Feb, 2012 | Hits: 169
Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)
....ed person who is charged with murder has pleaded guilty, the court is required to examine the prosecution witnesses in support of the charge, Instead of convicting him on the basis of his plea. It is totally beyond the scope of this Division to commute the sentence of death to life imprisonment when......ea. It is totally beyond the scope of this Division to commute the sentence of death to life imprisonment when the High Court Division has exercised its discretion on the question of sentence, in the absence of extenuating circumstances or in the alternative, if it is found that the sentence of......mmuting the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98. ..Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6
Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
....ed property. These protections provided to an under-tenant in Chapter IV would be applicable to the defendant if section 26A had not been inserted in the Act of 1949 in 1967 but the scenario has totally been changed after the amendment. 32. Section 23 of the Act provides the manner of......ontiguous to the suit plot for path way and mutated his name, paid rent and taxes to the authorities and thereafter, he was dispossessed from the 2n schedule of land taking advantage of his temporary absence from the suit land. Appellant's defence case in the latter suit is similar to that of hi......bdul Wahhab Miah J. I agree with the reasoning and findings given by my learned brother Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33. ..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
Moulana Obaidul Mannan Vs. Moulavi Aminul Hoque, 2012, 41 CLC (HCD)
....ate of first class, Cox’s Bazar in Complaint Case No.183 of 1988 is maintained. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......ossibly on transfer from Comilla Bench, though the reason of such renumbering is not recorded. However, in view of its long pendency for more than twenty-two years, we take it up for disposal even in absence of the parties. 3. Facts leading to this appeal, in brief, are that the appellant filed ......ate of first class, Cox’s Bazar in Complaint Case No.183 of 1988 is maintained. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 29 Jan, 2012 | Hits: 169
Dr. Khalekuzzaman Vs. State and another, 2012, 41 CLC (HCD)
....titioner measured the weight and instructed to bring oxygen cylinder and sucker machine. After the patient was taken to O.T. he died. The informant later on came to know that his son died due to total mismanagement and negligence of the petitioner and others. 3. The complaint was filed whi......in four months from the date of receipt of this order. Communicate a copy of the judgment at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 541; 18 BLC (HCD) (2013) 40. ......he learned Senior Counsel for the petitioner as well as those referred to by the learned Deputy Attorney General. It must be borne in mind that High Court's extraordinary power under its inherent jurisdiction is a residuary power which cannot be called in aid where alternative remedy is availabl..Category: Criminal Law | Date: 26 Jan, 2012 | Hits: 11
MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)
.... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ...... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ......n the appointment proposed by him and the failure of the other party to concur in the said proposal in compliance with the said notice is the essential condition precedent to the exercise of the jurisdiction by the Court to make the necessary appointment. The correct construction of the pr..Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7
Nawabgonj Government College Vs. Aftabuddin (Md.) and others, 2012, 41 CLC (AD)
.... illegal. From the above discussion, it is evident that there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 115. ...... illegal. From the above discussion, it is evident that there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 115. ......f the first review under Rule 5 of the said Land Appeal Board rules 1990. The learned Advocate has argued that the full Board comprising the Chairman and Members of the Bhumi Appeal Board has a wider jurisdiction than the single Member Board and, as such, in view of this rule 3(3) of the land Appeal..Category: Property Law | Date: 23 Jan, 2012 | Hits: 90
Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)
....justed towards the value of the new apartment. The plaintiff made further payment of taka 8, 00,000(eight lac) in 8 (eight) installments from 2-11-2001 to 30-12-2002 i.e. upto 30-12-2002, she paid in total taka 16, 00,000 (sixteen lac). After the plaintiff had seen flat No.4/B, 'Primrose', she also ....... Now, the question is when defendant No.3 in three written agreements specifically undertook to sign the tripartite agreement to be executed between the developer and the buyer, could he, and in his absence, defendant Nos.4 and 5, take the plea that since defendant No.3 did not sign the tripartite ......the supplementary agreement dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ..Category: Property Law | Date: 22 Jan, 2012 | Hits: 87
Saiful Islam Jitu (Md.) Vs. State, 2012, 41 CLC (HCD)
....e application of the petitioner" 12. In the Case of Mona alias Zillur Rahman Vs. The State, the Appellate Division also held that; "But the learned Counsel for the petitioner totally fails to convince us by presenting any material whatsoever from the evidence on record or fr......he privilege of bail. Communicate a copy of this Judgment and order at once to the Court concerned. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 234 ......BLD 542 and Monir Hossain Vs. State, reported in 53 DLR 411 held that the trial by the Special Tribunal in respect of an accused who was under 16 years at the time of commissioning offence is without jurisdiction; but our Appellate Division in the cases of Abdul Monem Chowdhury @ Monem Vs. State, re..Category: Constitutional Law, Criminal Law | Date: 18 Jan, 2012 | Hits: 2
Warid Telecom International Ltd Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
....and Order. In the result, the appeal is allowed with aforesaid direction. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 188. ......and Order. In the result, the appeal is allowed with aforesaid direction. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 188. ......ts Judgment January 18, 2012. Result: The appeal is allowed with direction. Section 196 B of the Customs Act, 1969 As per section 196 B of the Act the Tribunal has jurisdiction either to confirm or modify or annul the decision or order appealed against, but the Tr..Category: Fiscal/Taxation Law, Information Technology Law | Date: 18 Jan, 2012 | Hits: 8
Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)
....notification as it was done in a number of cases. The respondent's case is that his case is not at all different from those persons whose names were omitted from the notification and that his case is totally dissimilar from those persons who did not come to challenge the notification." 21. The ......t. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Mustafa Zaman Islam J. - I agree. Ed. This Case is also Reported in: ......concerning the 'Natural Justice'. 9. Mr. Forrukh Rahman, the learned counsel appearing for the respondent-Bank on the other hand opposes the Rule and submits that this Division in exercising its jurisdiction under writ certiorari has a limited scope to go into details of the factual aspect that..Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179
Shamsuddin Ahmed & others Vs. City Bank Ltd., 2012, 41 CLC (HCD)
.... maintainable as the suit was filed in 1990 when Artha Rin Adalat Ain, 1990 was prevailing, wherein there was no provision on of section 57 of Artha Rin Adalat Ain, 2003, as such, this application is totally misconceived one. Learned Advocates further submits that auction purchaser after purchase of......y deposits security to the tune of Taka 25% of the decretal amount. The appellant did not deposit any security at the time of filing of the said application is not an application in the eye of law in absence of security as required under section 32 of the said Act. Therefore, the said application is......ation into any decision of any Review Committee or any other authority or person. It is settle principle that the execution court cannot go behind the decree. So the execution court does not have any jurisdiction to take into consideration of any thing stated in preliminary decree……..(..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 4
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