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.... instead of resorting to the shortcut provision of rule 13(ii) of the Regulations, 2003.
Accordingly, the petitions are disposed of.
Ed.
This Case is also Reported in: VII ADC (2010) 799. ...... a proposal to the Governor of the Bank for their termination from service under rule 13(ii) of the Regulations, 2003 and accordingly, allowed the appeal setting aside those of the Tribunal.
6. In view of the provision under consideration and the application of the said position in the facts an..
Category: Administrative Law | Date: | Hits: 215
Dr. Md. Kamrul Ahsan Talukder Vs. Nurun Nahar and others, 2009, 38 CLC (AD)
....ellate Court is directed to dispose of the appeal in accordance with law. This appeal is accordingly, allowed without any order as costs. Ed. This Case is also Reported in: VII ADC (2010) 794....... for partition, if any, and thereafter to dispose of the case in accordance with law. 4. Leave was granted to consider the submissions of the learned Advocate-on-Record for the appellants that "in view of the suit being one for specific performance of contract, the High Court Division erred in la..Category: Property Law | Date: | Hits: 37
Azizur Rahman Vs. Bangladesh Shilpa Rin Sangstha and ors., 2002, 31 CLC (HCD)
..... In the result, the Rule is discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 55 DLR (2003) 107.......(1) of PO No. 178 of 1972 directly. In the instant case it is found from the record that the application by the Bangladesh Shilpa Rin Sangstha was filed directly before the Subordinate Judge. In such view of the matter, we find that the learned Subordinate Judge was perfectly justified in sending th..Category: Civil Law | Date: | Hits: 79
Jamal Uddin Ahmed Vs. Abdul Haque and another, 2002, 31 CLC (HCD)
....818 as of the date 30th September, 1993, in Class‑6 in respect of CI. Fittings, is cancelled. In the result, the petition is allowed. Ed. This Case is also Reported in: 55 DLR (2003) 102. ......for buildings, bottle caps of metal, cast iron, unwrought or semi-wrought, cast steel, pipes of metals, pipes of metals for central heating installations and many other items which come within the purview of Class‑6. He further stated that the items which are produced by the opposite party has got..Category: Intellectual Property Law | Date: | Hits: 175
Hafizuddin Ahmed Vs. M Aslam Miah & others, 2002, 31 CLC (HCD)
....ce. Let a copy of this judgment and order be sent to opposite party No. 5, the Administrator of Waqfs for his perusal and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 95.......f Ordinance, 1962. He also submitted that the Administrator had to cancel the sanction on being satisfied that the sanction was obtained through misrepresentation and in fraud of the trust. 11. In view of the facts and circumstances of the case that in 1954, the waqf was created but no steps were..Category: Trust/Waqf Law | Date: | Hits: 228
Abdul Baten (Md.) Vs. Chairman, NBR & others, 2007, 36 CLC (HCD)
....rantees received in the above Writ Petitions to the respective petitioners within a period of one month of receipt of this order, positively. Ed. This Case is also Reported in: 59 DLR (2007) 525....... Advocate took us through the Notification being SRO No. 143 dated 10-6-2001, Notification being SRO No. 172 dated 10-6-2004 and Notification being SRO No. 260 dated 30-8-2004 and submitted that in view of sub-section 2 of section 5 the petitioners as both commercial importer and trader have been ..Category: Fiscal/Taxation Law | Date: | Hits: 95
Rahamatullah (Md) and another Vs. State, 2007, 36 CLC (HCD)
....receipt of the case records with notices to the contending parties. Send down the records along with the copy of the judgment immediately. Ed. This Case is also Reported in: 59 DLR (2007) 520.......case. 11. Mr. ABM Waliur Rahman Khan, the learned Deputy Attorney-General, along with Mr. Shamim Ara Dora, Assistant Attorney-General for the prosecution, on the other hand, submits that in view of the fact that the defence did not take any objection before conclusion of the trial exceptin..Category: Criminal Law | Date: | Hits: 32
Uzzal alias Elias Hossain Vs. State, 2006, 35 CLC (HCD)
....in and to be paid to the informant Abdul Mannan, the father of the victim, as compensation. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 505.......im, the finding of injury by the medical board cannot be taken into consideration. Indeed, the learned Advocate argued that the finding of injury is false and concocted. In this regard, we are of the view that there is no indication in the records as to why the doctors would falsify their finding an..Category: Criminal Law | Date: | Hits: 35
Taju and others Vs. State, 2007, 36 CLC (HCD)
.... The accused appellant Taju, son of Sona Miah, is discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 499. ......(AD) 95, State vs MM Rafiqul Hyder 45 DLR (AD) 13. In both the decisions our Appellate Division settled that when finding of fact is based upon the appreciation of the demeanour of the witnesses, the view of the trial Court is entitled to great weight. In the decision of Yuill vs. Yuill repor..Category: Criminal Law | Date: | Hits: 42
Hazrat Ali alias Dulal Vs. State, 2007, 36 CLC (HCD)
....y the appellant in jail custody prior to his conviction be deducted from the sentence of imprisonment. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 496. ......rials on record as well as the judgment and order for remand dated 7-2-2005 passed by the High Court Division in Jail Appeal No.605 of 2004, made threefold submissions. Firstly, she submitted that in view of the evidence of PWs who are police officers and interested and partisan in nature and there ..Category: Criminal Law | Date: | Hits: 43
Tuta Pramanik (Md) Vs. State, 2007, 36 CLC (HCD)
....is set at liberty forthwith, if he is not wanted in connection with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 492.......ant case seizure list witnesses did not support the prosecution case and that PWs 1, 6, 7 and 9 all are the Police witnesses and for that reason their testimonies cannot be relied upon, we are of the view that this submission does not hold good. It is settled by the several decisions that even if in..Category: Criminal Law | Date: | Hits: 42
Anisur Rahman Gazi alias Anisur alias Chhotu Vs. State, 2007, 36 CLC (HCD)
....be set at liberty forthwith, if he is not wanted in connection with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 488. ......s and ammunition in question consciously with mens rea. 25. For the reason stated above, we find substance in the submission made by the learned Counsel for the appellant. 26. In that view of the matter we hold that in the instant case prosecution miserably failed to prove the case ..Category: Criminal Law | Date: | Hits: 34
HP Cold Rolling Mills Ltd. Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)
....tual export of the finished goods as drawback expeditiously, preferably within two months of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 483.......entioned nor excluded. 20. The submissions of the learned Advocates was mainly focused upon the clause, "অন্যান্য সকল প্রকার শুল্ক বা কর" In view of the principles of statutory interpretation, all other duty or tax as mentioned in the clau..Category: Fiscal/Taxation Law | Date: | Hits: 93
Superintendent Engineer, PWD & another Vs. A Mahiuddin and others, 2007, 36 CLC (HCD)
....e and the judgment and decree dated 4-3-2002 passed by the learned Joint District Judge, is hereby affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 476. ......nd the authority can legally stop the renewal of lease with due notice after the expiry of the term of lease, the lessee cannot claim the renewal of the lease for further period. It is the consistent view of the Appellate Division in the case of Mallikpur Fishermen's Cooperative Society vs. Secretar..Category: Property Law | Date: | Hits: 28
Jinnat Ali (Md) Vs. Md. Abu Bakkar Siddique and others, 2002, 31 CLC (HCD)
....he claim of pre-emption. But the facts in the instant case are not similar to those of the cases referred to above. So, the learned Assistant Judge appears to have misapplied the law, resulting in an erroneous decision occasioning failure of justice. 11. In the appeal against the aforesaid decisi......so by purchase in the case holding. It is held by him that the petitioner being a co-sharer by inheritance has the highest priority to claim preemption in preference to others and in support of his view he relied on the decision reported in 34 DLR 180. The learned Senior Assistant Judge further fo..Category: Property Law | Date: | Hits: 37
Mohsina Rahman alias Jaya Vs. Abdul Majid and others, 2001, 30 CLC (HCD)
....the Miscellaneous Case No. 34 of 1998 and Title suit No. 142 of 1998 are affirmed. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 138. ......as contemplated in section 30 of the said Act and only by deposit of the amount in court which she is required to pay under the award or by furnishing security to the satisfaction of the court and in view of the provision laid down in the Arbitration Act the Title Suit No.142 of 1998 is not maintain..Category: Civil Law | Date: | Hits: 77
.... 21 of 2006 is set aside and the opposite party No. 1 is at liberty to file revisional application in the relevant court if so desires.
Ed.
This Case is also Reported in: 59 DLR (2007) 470.
......t the revisional application was filed on 19-1-2006 and the judgment passed in Civil Revision No. 1701 of 2005 on 8-2-2006 has not decided about pending case before the learned District Judge. So, in view of the decision of the larger Bench, the jurisdiction of the District Judge in pending case was..
Category: Property Law | Date: | Hits: 34
Mark Builders Limited Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....r observations. Let a copy of this order be also sent to the Chairman of the National Board of Revenue for guidance and proper action. Ed. This Case is also Reported in: 59 DLR (2007) 463.......se of Kinetic Motor Co. Ltd. the Bombay High Court did not approve book adjustment by the assessing officers on account of the book profit under section 115J of the Income Tax Act, 1961 (of India) in view of the construction of said section in the decision of the Supreme Court of India in the case..Category: Fiscal/Taxation Law | Date: | Hits: 99
Iqbal Hossain Mollah Vs. Director, Plant Protection Wing and others, 2006, 35 CLC (HCD)
....led on behalf of the petitioner in accordance with law expeditiously. Communicate the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 458.......d to make a decision on the aforesaid application of the petitioner but, at this stage, we do not find it proper to direct the respondents to issue import permit to the petitioner. 12. In that view of the matter, the Rule is made absolute in part. The respondents are directed to dispose of th..Category: Business or Commercial Law | Date: | Hits: 219
Nirode Baran Barua Vs. Mrinal Kanti Das and others, 2006, 35 CLC (HCD)
....e is discharged. The order of stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 456. ......es held that in a naraji petition on a final report if the Magistrate is satisfied there exists a case after looking into materials with the police report, the Magistrate can take cognisance. In that view of the matter, we are of the view that the learned Magistrate committed no illegality in taking..Category: Criminal Law | Date: | Hits: 27
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