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Selim (Haji Md) Vs. Collector of Customs and others, 2001, 30 CLC (HCD)
....r the reasons and discussions made above, we find no merits in these Rules. In the result, the Rules are discharged. No order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 287.......r the reasons and discussions made above, we find no merits in these Rules. In the result, the Rules are discharged. No order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 287.......year. 15. But so far language and meaning of sections 18 and 19 of the Customs Act are concerned it is very clear and seems to us that the customs authority vis-a-vis the government was within its jurisdiction to change or vary the amount of exemption of the customs duty earlier than that proviso..Category: Fiscal/Taxation Law | Date: | Hits: 62
Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)
.... this Rule is discharged. No order as to costs. Order of stay granted at the time of issue of the Rule is re-called and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 285....... this Rule is discharged. No order as to costs. Order of stay granted at the time of issue of the Rule is re-called and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 285......., certified copies of 4 contemporaneous kabalas were also filed. If the valuation of the case was found to be more than one lakh, then the Court of Senior Assistant Judge would not have the pecuniary jurisdiction to hear the preemption application. The application was seriously opposed by the pre-em..Category: Property Law | Date: | Hits: 28
Shaikh (Md) Obaidullah Raihan Vs. Sayed Shahidul Haque Jamal and others, 2002, 31 CLC (HCD)
....tion of disqualification and for the reason mentioned earlier, the Rule is liable to be struck out. In the result, the Rule is struck out. Ed. This Case is also Reported in: 54 DLR (2002) 280.......tion of disqualification and for the reason mentioned earlier, the Rule is liable to be struck out. In the result, the Rule is struck out. Ed. This Case is also Reported in: 54 DLR (2002) 280.......o whether the respondent No.1 was a defaulter or not is to be decided by the Election Tribunal where the application already filed by Mr. AK Faezul Huq is pending. Mr. Hossain has also submitted that jurisdiction of this Court has been ousted under Articles 49 and 51 of the Representation of the Peo..Category: Election Law | Date: | Hits: 88
....rical cables and other similar product, imported PVC compound in the assessment years 1975-76 and 1976-77 as per law and rules and an amount of Taka 1,78,866.00 and Taka 4,20,246.00 respectively thus totaling an amount of Taka 5,99,112.00 was deducted at source as advance tax. It is not in dispute t......and in that view of the matter cannot get any refund.
In the result, the Rule is discharged without however any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 230.
......and in that view of the matter cannot get any refund.
In the result, the Rule is discharged without however any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 230.
..
Category: Fiscal/Taxation Law | Date: | Hits: 69
Ramesh Chandra Chowdhury @ Das Vs. Naresh Chandra Das @ Chowdhury, 1999, 28 CLC (HCD)
....te of receipt of this order. Let a copy of this order be forwarded to the Court of the learned Subordinate Judge Narshingdi at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 227.......te of receipt of this order. Let a copy of this order be forwarded to the Court of the learned Subordinate Judge Narshingdi at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 227.......te of receipt of this order. Let a copy of this order be forwarded to the Court of the learned Subordinate Judge Narshingdi at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 227...Category: Property Law | Date: | Hits: 39
Tofazzal Hossain (Md) and others Vs. Momtaz Begum & others, 1999, 28 CLC (HCD)
....turia in Miscellaneous (Pre-emption). No.5 of 1995 allowing pre-emption are affirmed. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 223.......turia in Miscellaneous (Pre-emption). No.5 of 1995 allowing pre-emption are affirmed. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 223.......turia in Miscellaneous (Pre-emption). No.5 of 1995 allowing pre-emption are affirmed. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 223...Category: Property Law | Date: | Hits: 31
Abul Hossain Vs. State, 2000, 29 CLC (HCD)
....nce with law regarding that petition. Communicate the order to the Magistrate concerned. The application is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 222.......nce with law regarding that petition. Communicate the order to the Magistrate concerned. The application is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 222.......nce with law regarding that petition. Communicate the order to the Magistrate concerned. The application is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 222...Category: Criminal Law | Date: | Hits: 42
Shah Alam (Md.) Vs. Abul Kalam and others, 2001, 30 CLC (HCD)
....d 28-11-99 are hereby set aside. Order of stay as granted at the time of the Rule is recalled and vacated. Let the records be sent down. Ed. This Case is also Reported in: 54 DLR (2002) 277. ......ng signing of pleading, Order V rule 14 of the Code has provided, “Every pleading shall be signed by the party and his pleader (if any): provided that where a party pleading is, by reason of absence or for other good cause, unable to sign the pleading, it may be signed by any person duly au......n the facts and in view of the law as found above, the whole proceeding of Miscellaneous Case No.21 of 1998 of Second Court of Subordinate Judge at Noakhali must be held to be incompetent and without jurisdiction. We do not need to enter into the findings on service of summons or possession arrived ..Category: Limitation Law | Date: | Hits: 175
Anil Kumar Ghosh Vs. Shamir Kumar Ghosh, 2001, 30 CLC (HCD)
....29 and No. 55568 in class 29 are expunged from the register of the Trade Marks and the Registrar is directed to rectify the same accordingly. Ed. This Case is also Reported in: 54 DLR (2002) 273.......29 and No. 55568 in class 29 are expunged from the register of the Trade Marks and the Registrar is directed to rectify the same accordingly. Ed. This Case is also Reported in: 54 DLR (2002) 273.......29 and No. 55568 in class 29 are expunged from the register of the Trade Marks and the Registrar is directed to rectify the same accordingly. Ed. This Case is also Reported in: 54 DLR (2002) 273...Category: Intellectual Property Law | Date: | Hits: 200
Protima Sen and others Vs. Chitra Rani Dey and another, 1999, 28 CLC (HCD)
....he trial Court the plaintiff petitioners on 10-4-97 filed an application before the learned Subordinate Judge praying for determination of the value of the 1/3rd share of the Suit property out of the total amount of Taka 2,80,000.00 as the price of the entire suit property shown in the impugned sale......of the order of the Court. Communicate the order to the learned Court below immediately for his information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 218. ......of the order of the Court. Communicate the order to the learned Court below immediately for his information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 218. ..Category: Property Law | Date: | Hits: 42
Tanveerul Haque Vs. Unistar Shipping Limited and ors., 1999, 18 CLC (HCD)
.... to pay the same. Both the companies suffered loss to the extent of Taka 62,70,802.00 and after adjustment of Taka 10,00,000.00 which was taken from the plaintiff No.2, by its Chairman Mr. Md. Iqbal, total liabilities amounted to Taka 52,70,802.00 and accordingly, the liabilities of the Group ‘B......y which the petitioner claimed that he had ceased to be a director of the company since 3-9-1992 as in terms of section 108 (f) of the Companies Act his directorship was automatically vacated for his absence in three consecutive meetings of the Board of Directors. Mr. M Nurullah, the learned Advocat......int of Money Suit No. 31 of 1995 of the Subordinate Judge 2nd Court, Chittagong is hereby rejected. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 215...Category: Company Law | Date: | Hits: 197
Dr. Mohiuddin Khan Alamgir Vs. Government of the People’s Republic of Bangladesh, 2010, 39 CLC (AD)
....sion and the petitioner contested the 9th Parliamentary Election on 29-12-2008 from Constituency No. 260 Chandpur 1 of District-Chandpur. The petitioner obtained 1, 07,461 votes, which was 56% of the total votes cast in the constituency, and more than 26,000 votes than the candidate placed second. T......ted in 41 DLR (AD) 68 it was held that in election matters the jurisdiction of the High Court Division cannot be invoked under Article 102 of the Constitution except on a very limited ground of total absence of jurisdiction (coram non judice) or malice in law for the purpose of interfering with any ......residential elections held under the Constitution. The petitioner has neither alleged coram non judice nor malice in law in the writ petition. Apparently, the Returning Officer, acting within his jurisdiction took the view that because of the pendency of appeals against several orders of convi..Category: Election Law | Date: | Hits: 127
.... at liberty at once, if not required in any other case.
Let an advance order be sent to Superintendent, Barisal Jail, Barisal immediately.
Ed.
This Case is also Reported in: 54 DLR (2002) 266....... at liberty at once, if not required in any other case.
Let an advance order be sent to Superintendent, Barisal Jail, Barisal immediately.
Ed.
This Case is also Reported in: 54 DLR (2002) 266.......on of a petition under Section 491 of the Code which has been numbered as Criminal Miscellaneous Case No. 6693 of 2001.
4. Section 491 of the Code enshrines that if a person within the territorial jurisdiction of the Courts is illegally or improperly detained in public or private custody, the Hig..
Category: Criminal Law | Date: | Hits: 39
Kalandiar Kabir Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....sion Bench of Supreme Court of India held that the if the authority concerned makes an order of detention under the Act and also prosecutes him in a criminal case on the self same facts that would be totally barred. The following is the observation of the Court: “The detaining authority cannot tak......ntral Jail, Dhaka is being held in custody without any lawful authority and he be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (2002) 258. ......ntral Jail, Dhaka is being held in custody without any lawful authority and he be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (2002) 258. ..Category: Constitutional Law | Date: | Hits: 195
Nure Alam and others Vs. State, 2002, 31 CLC (HCD)
....oner, Tangail will take immediate step to secure his arrest to serve out the sentence. Send down the lower Court’s record immediately. Ed. This Case is also Reported in: 54 DLR (2002) 242. ......oner, Tangail will take immediate step to secure his arrest to serve out the sentence. Send down the lower Court’s record immediately. Ed. This Case is also Reported in: 54 DLR (2002) 242. ......oner, Tangail will take immediate step to secure his arrest to serve out the sentence. Send down the lower Court’s record immediately. Ed. This Case is also Reported in: 54 DLR (2002) 242. ..Category: Criminal Law | Date: | Hits: 42
Parimal Chandra & others Vs. Shaheda Begum and others, 1999, 18 CLC (HCD)
....dge to discover legal infirmity in the said judgment on the alleged ground of absence of possession of the plaintiffs of that suit in the suit land and that too on speculative considerations based on totally inadmissible evidence. It is unfortunate that while deciding a review case the learned Distr......ot to judge the propriety of the said judgment on any other count. It was obviously no business of the learned District Judge to discover legal infirmity in the said judgment on the alleged ground of absence of possession of the plaintiffs of that suit in the suit land and that too on speculative co......rdinate Judge, Barguna in Title Suit No.18 of 1987 decreeing the suit are maintained. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 206...Category: Procedural Law | Date: | Hits: 81
Bashiruddin (Md) Vs. Bangladesh and others, 1999, 18 CLC (HCD)
....t of the petitioner is not a merited one. 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) 201.......t of the petitioner is not a merited one. 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) 201.......at was taken by the approving authority and that affirmed by the appellate authority can hardly be said or considered contrary to normal course of action. The approving authority was quite within its jurisdiction in not approving the bid of the petitioner on the ground of the bid being of low amount..Category: Property Law | Date: | Hits: 33
Mahbubul Huq (Md) Vs. Md. A Kader Munshi & others, 1999, 18 CLC (HCD)
....ue involved in the former suit and in the present suit are directly and substantially the same between the same parties. It is clear that the present suit stands on different facts and footing with a totally different prayer and in such situation it cannot he said that the issues involved in the pre......18 of the Limitation Act, namely, that due to fraud he could not file his complaint within the time permissible by law, it is necessary that such party should have laid some foundation for it. In the absence of any pleading to that effect the party concerned cannot be allowed to raise this point in ......ication for rejection of the plaint on the ground of non-disclosure of cause of action, the Court need not dissect the plaintiffs case part by part, if a part of the cause of action arises within its jurisdiction.” 16. Since the learned Advocate for the defendant-petitioner Mr. Abdul Quayum did..Category: Property Law | Date: | Hits: 64
Nazem Uddin Vs. Election Tribunal and others, 1999, 18 CLC (HCD)
....to cost and the stay order 23-3-98 staying further proceeding of case No.1/98 pending before the Election Tribunal is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 189. ......to cost and the stay order 23-3-98 staying further proceeding of case No.1/98 pending before the Election Tribunal is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 189. ......to cost and the stay order 23-3-98 staying further proceeding of case No.1/98 pending before the Election Tribunal is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 189. ..Category: Election Law | Date: | Hits: 78
Khorshed Alam (Md) Vs. Subordinate Judge and Artha Rin Adalat No. 1 and others, 2001, 30 CLC (HCD)
....upport of his contention that, where the court itself passed a wrong order the court is competent to rectify such order in exercise of its inherent power. The facts and circumstances of that case are totally different from this case before us. He has also referred to the case of Master Abdul Aziz Vs......date. Let a copy of this judgment be served upon Mr. Mahbubul Islam, the Judge-in-Charge (now Joint District Judge) for future guidance. Ed. This Case is also Reported in: 54 DLR (2002) 239. ...... is wrong. He next submits that in a mortgage execution there is no scope for sale by private negotiation in view of Order XXI rule 65 and therefore, the order No. 65 is ex facie, illegal and without jurisdiction and subsequent order has only corrected wrong order and therefore the subsequent order ..Category: Civil Law | Date: | Hits: 76
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