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Mozam and others Vs. State, 2006, 35 CLC (HCD)
....offence. Send down the lower Court's records at once with a copy of this judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 276.......upon her and the same was corroborated by PW 2 who found that victim in nude condition beside the pond. He lastly submits that the learned Judge of the trial Court after considering the evidence on record rightly convicted the appellants which calls for no interference by this Court. In support of......offence. Send down the lower Court's records at once with a copy of this judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 276...Category: Criminal Law | Date: | Hits: 82
....T Act, 1991 read with rule 35 of the VAT Rules, 1991 framed within 10 days of service thereof for making false declaration in VAT11 form without paying supplementary duty of Taka 43,84,398.56 for the goods supplied from 1311-2000 to 9-12-2000.
4. In the reply dated 19-12-2000, the petitione...... (Appeals) and then, before the Appellate Tribunal failed and the order of the Deputy Commissioner was affirmed.
7. Mr. AKM Shafiuddin, learned Advocate for the petitioner, took us through the record and relevant provisions of the VAT Act and submitted that in view of the facts that pursuant ......ction would not be taken against it under clauses ক, খ, গ, ঘ, ঙ and ছ of sub-section 2 of section 37 of the VAT Act, 1991 read with rule 35 of the VAT Rules, 1991 framed within 10 days of service thereof for making false declaration in VAT11 form without paying supplementary duty of Taka..
Category: Fiscal/Taxation Law | Date: | Hits: 63
....le is hereby recalled and vacated.
There is no order as to costs.
Send down the lower Court record at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 270, 26 BLD (HCD) (2006) 634.
......e from this Court.
10. Mr. Abul Kalam Mainuddin, learned Advocate appearing on behalf of the plaintiff-petitioners, submits that the Court of appeal below failed to properly assess the evidence on record and that came to an erroneous finding that the plaintiffs had no right, title, interest and p......le is hereby recalled and vacated.
There is no order as to costs.
Send down the lower Court record at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 270, 26 BLD (HCD) (2006) 634.
..
Category: Property Law | Date: | Hits: 27
Surajmal Ram Prasad Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....ith our answer in the negative against the Revenue Department and in favor of the applicant. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 59 DLR (2007) 268.......f section 154 of the Ordinance in dismissing the appeal for being barred by limitation since fate of second question depends on the resolution of first question. 7. He also took us through the record and submitted that after the first appellate authority having admitted the appeal and decided......d and shall be accompanied by a fee of two hundred taka. Sub-section (2) also required that such an appeal shall be presented within sixty days if it relates to assessment or penalty from the date of service of the notice of demand relating to assessment or penalty as the case may be. 9. Sub-..Category: Fiscal/Taxation Law | Date: | Hits: 63
Puspak Kumar Roy and another Vs. Eldrin Khan and others, 2005, 34 CLC (HCD)
..... The order of stay granted earlier by this Court dated 10-4-2004 is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 263. ......ocuments as Exhibits Ka series, Kha series, Ga, Gha, Uma series, Cha series, Chha, Ja, Jha, Neo, Ta, Tha series, Da series. 7. The learned Assistant Judge on consideration of the evidence on record decreed the suit by the judgment and decree dated 30-1-2003. 8. Being aggrieved by the....... The order of stay granted earlier by this Court dated 10-4-2004 is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 263. ..Category: Property Law | Date: | Hits: 34
....ormer post and allow him to continue in service with all attending benefits within 30 days from the date of receipt of copy of this judgment.
Ed.
This Case is also Reported in: 59 DLR (2007) 258.......ormer post and allow him to continue in service with all attending benefits within 30 days from the date of receipt of copy of this judgment.
Ed.
This Case is also Reported in: 59 DLR (2007) 258.......uent actions taken should not be declared to have been made without lawful authority and to be of no legal effect and why the respondents should not be directed to allow the petitioner to continue in service with all benefits.
2. The short facts relevant for the purpose of the case are, that the ..
Category: Employment/Service Law | Date: | Hits: 67
Anwara Begum Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....d Buildings as published in Ka list dated 28-4-1986 within 3(three) months from the date of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 251, 26 BLD (HCD) (2006) 123. ...... the Ka list. This contention will stand only when the claimant can prove that the disputed building was not an abandoned property" 16. It was further held that on consideration other materials on record the Court or Settlement has held that the original lessee and his heirs at the relevant time ......of the same was with the Government or not. In this connection, he relies upon the decisions reported in 3 BLC (AD) 42 and 48 DLR (AD) 10. The learned Deputy Attorney-General further submits that the service of notice is not mandatory even if the property is listed as an abandoned property provided ..Category: Property Law | Date: | Hits: 40
Nazir Ahmed Vs. Md. Amin Mia and anothers, 2007, 36 CLC (HCD)
....once if he is not wanted in connection with any other case. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 245. ......ion stating the occurrence. 3. Police after investigation submitted charge-sheet against accused Md. Nazir Ahmed and his wife Mrs. Tahmian Akhter under sections 406/420/405 of the Penal Code. Case record was sent to the Special Metropolitan Magistrate, Dhaka for trial. Metropolitan Magistrate, Dh......once if he is not wanted in connection with any other case. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 245. ..Category: Criminal Law | Date: | Hits: 40
Syed Ziaul Hasan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....tity module (SIM) Card according to the price fixed i.e. Taka 1800. There will be no order as to costs. Ed This Case is also Reported in: 59 DLR (2007) 238, 26 BLD (HCD) (2006) 366. ......tity module (SIM) Card according to the price fixed i.e. Taka 1800. There will be no order as to costs. Ed This Case is also Reported in: 59 DLR (2007) 238, 26 BLD (HCD) (2006) 366. ......mpany did not deliver the SIM Cards to the petitioners before that date. The principle of imposition of VAT does not depend upon the selection of a person or company. VAT is collected when the actual service is rendered or when the invoice relating to service is rendered or when the invoice relating..Category: Fiscal/Taxation Law | Date: | Hits: 131
Abdul Alim Vs. Biswajit Dey and another, 2007, 36 CLC (HCD)
....legal notice on 5-6-2006. The accused petitioner acknowledged the notice by a letter on a pad of his business firm dated 20-6-2005 and disclosed that he is willing to repay the loan for maintaining a good business relationship with the complainant and issued further 3 cheques for the said Taka 21 la......atly refused to pay the money, 3. The complainant was examined and usual notices were issued. The accused petitioner appeared and was enlarged on bail. The learned Judge on getting, the case record, on transfer, for trial, enlarged the accused petitioner on bail, on 8-112006. Thereafter, ......lt, this Rule is discharged. The order of stay granted earlier by this Court is vacated. Communicate this order at once. Ed. This Case is also Reported in: 59 DLR (2007) 236 . ..Category: Criminal Law | Date: | Hits: 50
Abul Koyser Vs. Tobarak Ali and others, 2007, 36 CLC (HCD)
....d. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 234 . ......ner and others for preemption of the sale of 30 decimals of land fully described in the application effected by a deed dated 7-10-95. 3. His case, in short, was that one Shudir Chandra Roy was recorded tenant in respect of the land of plot No. 1743 with an area 58 decimals. Of said land, the ......d. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 234 . ..Category: Property Law | Date: | Hits: 28
Khalilur Rahman Vs. State, 2007, 36 CLC (HCD)
....lilur Rahman. We find no merit in these appeals. These appeals are dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 227 . ......d inquest on the dead bodies, sent the dead bodies to the morgue. In course of investigation, the investigating officer arrested the appellant Khalilur Rahman and produced him before a Magistrate for recording his confessional statement. Dilruba (PW 18) recorded the confessional statement of Khalilu......lilur Rahman. We find no merit in these appeals. These appeals are dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 227 . ..Category: Criminal Law | Date: | Hits: 38
Moezuddin (Md) Vs. State, 2007, 36 CLC (HCD)
....harucha J, observed "the Court has to be satisfied, after considering all the materials, that the public prosecutor has applied his mind independently thereto, that the public prosecutor, acting in good faith, is of the opinion that his withdrawal from the prosecution is in the public interest, an......ubmitted charge sheet against 22 accused persons including the opposite party No. 1 under different sections including section 302 of the Penal Code on 3-12-99. The learned Magistrate sent the case record to the Sessions Judge, Pabna for trial, where Sessions Case No. 20 of 2002 was registered and...... Sessions Judge, 1st Court, Pabna according consent to withdraw from the prosecution of the accused-opposite party No. 1 is set aside. Ed. This Case is also Reported in: 59 DLR (2007) 122. ..Category: Criminal Law | Date: | Hits: 43
Shaherunnessa Vs. Shamsunnahar, 2007, 36 CLC (HCD)
.... the decree of the trial Court decreeing the suits are hereby set aside and both the suits are dismissed. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 217. ......or Rahman. Mujibor Rahman then transferred the suit premises to Md. Lutfor Rahman and his wife Nur Jahan Begum by two Sale deeds dated 12-2-75 and 134-75. They got their names mutated in both revenue record and Chittagong Municipal Corporation and got electric connection, etc. They paid rents and ta...... the decree of the trial Court decreeing the suits are hereby set aside and both the suits are dismissed. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 217. ..Category: Property Law | Date: | Hits: 35
Dhaka City Corporation and others Vs. Shamsur Rahman and others, 2007, 36 CLC (HCD)
....ring with peaceful possession of the plaintiff in the suit land, in any way, as prayed for. Send down the records, at once. Ed. This Case is also Reported in: 59 DLR (2007) 207. ...... motor parts owners. 3. Opposite party No. 1 as plaintiff on 27-11-02 instituted a suit being Title Suit No. 308 of 2002 against the petitioners and another for a decree of declaration that RS record of rights as prepared and finally published in the name of erstwhile DIT now added defendant ......ring with peaceful possession of the plaintiff in the suit land, in any way, as prayed for. Send down the records, at once. Ed. This Case is also Reported in: 59 DLR (2007) 207. ..Category: Property Law | Date: | Hits: 32
Anti-Corruption Commission Vs. Md. Hasan & others, 2008, 37 CLC (AD)
....ove, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2006) 183. ......ove, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2006) 183. ......ove, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2006) 183. ..Category: Anti-Corruption Laws | Date: | Hits: 143
Md. Ali Haider & Ors. Vs. State and others, 1987, 16 CLC (HCD)
....o are relations of victims, identified dead bodies and as such the contention urged on behalf of the defence that dead bodies were not identified to be those of five victims named above does not hold good. The learned counsel further urged that the learned Additional Sessions Judge though did not di......ender is omitted from one given in the F.I.R. it has always been viewed with great suspicion and accused have been given benefit of doubt arising from such omission. 10. F.I.R. being an earliest record of the case it has got much importance and it enables the court to see what the prosecution c...... the charge. They shall be set at liberty forthwith if not wanted in connection with any other case. Amin-ur-Rahman Khan J. – I agree Ed. This Case is also Reported in: 40 DLR (1988) 97. ..Category: Criminal Law | Date: | Hits: 30
Nazibul Islam & others Vs. Dr. Amanullah & Ors., 1988, 17 CLC (HCD)
....o of no substance. Accordingly, this Rule is discharged and the stay order granted by this Court is vacated. Naimuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 94. ......wing up of the proceeding by the learned Magistrate, wherein the Magistrate has elaborately discussed the case of both the parties and has come to a clear finding on consideration of the materials on record that there is a serious apprehension of breach of peace in respect of the disputed land. The ......o of no substance. Accordingly, this Rule is discharged and the stay order granted by this Court is vacated. Naimuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 94. ..Category: Criminal Law | Date: | Hits: 32
Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)
....her accessories, in pursuance of the letter of credit dated 10.10.1984 were shipped from the port of Japan and arrived at Chittagong Port in the month of February, 1985 and the plaintiff received the goods at Dhaka on 10th March, 1985 and was surprised to have found that the packing of the machineri......ant while Mr. Md. Awlad All, the learned Advocate, appeared for the respondent. 16. Mr. Rafiq-Ul Huque, the learned Counsel having taken us through the impugned order and the relevant documents on record, submitted that the learned court below committed an error in refusing to vacate the order of......ent had not provided the installation assistance and within 7 days did not start up training Programme according to the terms of the contract and due to non availability of one year free after sale service there has been loss of production to the extent of 50% in average and result the plaintiff h..Category: Business or Commercial Law | Date: | Hits: 209
State Vs. Mizanul Islam alias Dablu & another, 1987, 16 CLC (HCD)
....s hereby set aside and he is set at liberty forth with if not wanted in connection with any other case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58.......ition to be serious. Thereafter informant Ahsanul Kabir went to the thana at about 3.30 A.M. on the same night and lodged the ejahar stating the facts referred above. Officer-in-charge of the thana recorded ejahar which was read over and explained to informant who having admitted it to be correc......ition of appellant Dablu by victim Nurul Islam. He stated in his evidence that Dablu was a worker of the Ice Factory of Khondker Nurul Islam (P.W.4) and on one occasion after being dismissed from service, appellant Dablu held out threat in his presence and others that he would take revenge for b..Category: Criminal Law | Date: | Hits: 61
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