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Sultan Uddin Ahmed Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ion (Special Original Jurisdiction) Present: Mirza Hussain Haider J AFM Abdur Rahman J Sultan Uddin Ahmed ……………………….........Petitioner Vs. Government of Bangladesh and others.................... Respondents. Judgment July 4, 2005. Lawyers Involved:......l machineries and to release the same within 7 days from the date of receipt of this judgment. However, there shall be no order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 31. ......nditions on importation of old reconditioned machinery and equipment by Commercial importers and circulating the same to all Schedule Banks and Customs Stations creating a ban relying and quoting the order of the Ministry of Commerce issued under Memo No. Ba Ma/Audh-1/1(6)/97 (Part 2)/44 dated 25-1-......l machineries and to release the same within 7 days from the date of receipt of this judgment. However, there shall be no order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 31. ..Category: Business or Commercial Law | Date: | Hits: 234
World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....charged without any order as to costs. The order of status quo granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14.......discharged without any order as to costs. The order of status quo granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14....... Petition is not maintainable because the petitioner has not exhausted the efficacious remedy. Contradicting the above argument, Mr. Mahmudul Islam has submitted that the BTRC has passed the impugned orders, Annexure-A and Al in exercise of statutory power under section 90 of the BT Act and that the......discharged without any order as to costs. The order of status quo granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14...Category: Information Technology Law | Date: | Hits: 321
..... Union of India and others, AIR 1990 (SC) 1664, Messrs Elahi Cotton Mills and others, appellants vs. Federation of Pakistan and others, respondents, PLD 1997 (SC) 582, EP Royappa vs. State of Tamil Nadu AIR 1974 (SC) 555, Ajay Hasia vs. Khalid Mujib, AIR 1981 (SC) 487, DS Nakara vs. Union of India ...... any lawful authority and are of no legal effect.
In view of the facts and circumstances of the cases there will be no order as to cost.
Ed.
This Case is also Reported in: 58 DLR (2006) 5.
......It is also contended that the petitioner has no right to claim any such exemption and the power was exercised by subjective satisfaction as the Government felt it was necessary to pass such exemption order.
4. The petitioner of Writ Petition No. 28 of 2002 filed an affidavit-in-reply wherein the ...... any lawful authority and are of no legal effect.
In view of the facts and circumstances of the cases there will be no order as to cost.
Ed.
This Case is also Reported in: 58 DLR (2006) 5.
..
Category: Fiscal/Taxation Law | Date: | Hits: 81
Selim Reza Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ents for information. Ed. This Case is also Reported in: 58 DLR (2006) 1. ......Rule is made absolute without any order as to costs. The office is directed to communicate this order to the respondents for information. Ed. This Case is also Reported in: 58 DLR (2006) 1. ......presentation of the petitioner made to the respondent No. 4, Deputy Commissioner, vide Annexure-F to the writ-petition complaining that he was prevented/obstructed to purchase the tender documents in order to participate in the auction held on 13-4-2005 was not at all considered by the respondents N......Rule is made absolute without any order as to costs. The office is directed to communicate this order to the respondents for information. Ed. This Case is also Reported in: 58 DLR (2006) 1. ..Category: Others | Date: | Hits: 114
....(2001) 506.
...... and the writ petition was not maintainable has no substance.
In the result, the Rule is made absolute with any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 506.
......9.
Judgment
Md. Joynul Abedin J.- This Rule was issued under Article 102 of the Constitution of the People’s Republic of Bangladesh calling upon the respondents to show cause why the impugned order dated 3-6-1998 (Annexure-I) passed by the respondent No.3. Additional Deputy-Commissioner (Rev...... and the writ petition was not maintainable has no substance.
In the result, the Rule is made absolute with any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 506.
..
Category: Property Law | Date: | Hits: 95
Commissioner of Taxes Vs. Kushtia Sugar Mills Ltd., 2000, 29 CLC (HCD)
....icant for our opinion: (i) Whether the amount paid by the assessee as bonus to its employees for the assessment year 1978-79 was rightly treated by the DCT and therefore rightly disallowed being inadmissible under the provisions of section 10 (2)(X) of the Income Tax Act, 1922. 4. Mr. MA Rahim....... Accordingly, we answer the questions in the affirmative and against the revenue applicant. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 504.......dent. Reference Application No. 9 of 1994. Judgment Syed Amirul Islam J.- In this referee application the revenue department calls in question the legality and propriety of the Judgment and order dated 22-11-93 passed by the Taxes Appellate Tribunal, Dhaka, Division Bench-2, Dhaka in It, N....... Accordingly, we answer the questions in the affirmative and against the revenue applicant. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 504...Category: Fiscal/Taxation Law | Date: | Hits: 104
....urt Division
(Civil Revisional Jurisdiction)
Present:
Md. Shamsul Huda J
Afitan Nessa and others ………………….Petitioners
Vs.
Government of the People’s Republic of Bangladesh and others …………….Opposite Parties.
Judgment
August 09, 2001.
Cases Referre...... to file a separate application for condonation of delay. With this observation the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 502....... J.-This Rule arises out of an application section 115(1) of the Code of Civil Procedure by Afitan Nessa and four other petitioners call upon the opposite parties to show cause as to why the impugned order dated 13-6-1993 passed learned Assistant Judge, Ghoraghat Police Station, District Dinajpur in...... to file a separate application for condonation of delay. With this observation the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 502...
Category: Procedural Law | Date: | Hits: 106
Annada Prosad Das Vs. DC, Khulna and others, 2001, 30 CLC (HCD)
....o order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 496.......ppeal is allowed, the judgments and decrees of the Courts below are set aside and the suit is decreed in full. No order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 496....... dismissed the suit under conception that the onus was upon the plaintiff according to the provision of President’s Order No.149 of 1975 to prove that he was a permanent resident of this country in order to entitle him to get a declaration that he was a citizen of. Bangladesh and it further held t......ppeal is allowed, the judgments and decrees of the Courts below are set aside and the suit is decreed in full. No order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 496...Category: Immigration and Citizenship Law | Date: | Hits: 190
Anindra Bhusan Ghose Vs. Bangladesh Government, 2001, 30 CLC (HCD)
.... DLR (HCD) (2001) 493.......l. For the reasons and discussions made above, I find no merits in this appeal. In the result the appeal is dismissed. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 493.......he vendor on receipt of the consideration executed the sale deed and delivered possession of the land to the vendee. Contention of the vendor is that it was intended to be a mortgaged deed in that in order to become a Director of the Company he had to purchase the qualifying share of Taka 30,000.00 ......l. For the reasons and discussions made above, I find no merits in this appeal. In the result the appeal is dismissed. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 493...Category: Property Law | Date: | Hits: 85
....s.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 488.
......ainable.
For the reasons stated above, we do not find a substance in this Rule, which is discharged without any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 488.
......Rahman with Sirajur Rahman and Emaduddin Chowdhury, Advocates—For Opposite Party.
Civil Revision Case No. 4618 of 1999.
Judgment
SK Sinha J.- This Rule is directed against the judgment and order dated 21-6-99 of the Additional Divisional Commissioner, Chittagong Division in Civil Appeal N......ainable.
For the reasons stated above, we do not find a substance in this Rule, which is discharged without any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 488.
..
Category: Civil Law | Date: | Hits: 89
Parul Bala @ Parul Rani Shah Mondol Vs. Suruj Miah and others, 2001, 30 CLC (HCD)
....ment May 22, 2001. Cases Referred To- Pravesh Chandra Mallik Vs. Debendra Nath Dutta, 39 CWN, 1076; State Vs. Mask and Co. AIR 1940 (SC); Annamali Chettiar Vs. Palamali and others, 41 ILR (Madras series) 265; Mozammel Hoq Vs. State and another, 1983 BLD 168. Lawyers Involved: Abdul W......)68 is disposed of accordingly, the judgments and decrees of, the Courts below are set aside. The suit is decreed in full. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 481.......he same. 7. Plaintiff’s further case is that the suit property although was exempted and omitted from the list of the attached properties of Certificate Case Nos. 3 and 16, as referred above, by order dated 19-6-1958 (Exhibit 2) but later on, illegally the suit land was auction sold behind the ......)68 is disposed of accordingly, the judgments and decrees of, the Courts below are set aside. The suit is decreed in full. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 481...Category: Property Law | Date: | Hits: 83
Nizam Hazari Vs. State, 2001, 30 CLC (HCD)
.... No.14, Chittagong in Special Tribunal Case No.757 of 1999 stand maintained. Lower Court Records be sent down immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 475. ......nal No.14, Chittagong in Special Tribunal Case No.757 of 1999 stand maintained. Lower Court Records be sent down immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 475. ......erlooked. Testimonies of police witnesses cannot be rejected on the ground that they are police witnesses and were members of the raiding party. . . The Court as a rule of prudence and caution and in order to exclude every possibility of inducement of an innocent person in the case by prosecution al......nal No.14, Chittagong in Special Tribunal Case No.757 of 1999 stand maintained. Lower Court Records be sent down immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 475. ..Category: Criminal Law | Date: | Hits: 58
Titas Gas Vs. Immense Washing Plant and others, 2001, 30 CLC (HCD)
....anti Das and others Vs. Abdul Hashem, 47 DLR (AD) 6. Lawyers Involved: Mainul Hosein with Shamsul Alam, Advocates—For the Petitioner. Md. Ozair Farooq with Md. Shawkat Hossain and Sk Mohammad Morshed, Advocates—For Opposite Party No.1. Civil Revision No. 2866 of 2001. Judgment ......nal District Judge, 2nd Court (In-Charge) at Dhaka in Miscellaneous Appeal No.147 of 2000 by which the defendants were directed to restore gas connection to the plant of the plaintiff by way of an ad-interim order of mandatory injunction. 2. Short facts for disposal of the Rule are that, on 5-4-2......2866 of 2001. Judgment Md. Abdur Rashid J.- This Rule was obtained by the defendant No.4 upon making a revision application under section 115 of the Code of Civil Procedure against judgment and order dated 13-5-2001 passed by Additional District Judge, 2nd Court (In-Charge) at Dhaka in Miscell......es of the Ministry of Law, Justice and Parliamentary Affairs, the Ministry of Power and Energy and the Chairman of the Law Commission. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 471. ..Category: Civil Law | Date: | Hits: 151
Milon @ Shahabuddin Ahmed Vs. State, 2001, 30 CLC (HCD)
....dhury Vs. The State, 1989 BLD (AD) 12; State Vs. Tota Mia, 51 DLR 244; Alkas Mia and others Vs. The State, 25 DLR 398; Alamgir Hossain (Md.) alias Alamgir Hossain and another Vs. State, 49 DLR 590; Saad Ahmed Vs. State, 35 DLR 41. Lawyers Involved: MA Quddus, Advocate—For the Appellant. S...... Ahmed are hereby maintained. Send down the lower Court records along with a copy of this judgment to the Court concerned at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 464. ......lows on both the deceased Azhar and the victim Mithu at the time of occurrence and in the manner as alleged by the prosecution. Therefore, we do not find any reason to interfere with the judgment and order of Conviction and sentence passed by the learned Additional Sessions Judge. 32. In the judg...... Ahmed are hereby maintained. Send down the lower Court records along with a copy of this judgment to the Court concerned at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 464. ..Category: Criminal Law | Date: | Hits: 35
Abdus Sukur (Md.) and others Vs. Bhasani Mandal and another, 2001, 30 CLC (HCD)
....nt and decree of the Court of appeal below are set aside and those of the trial Court are hereby restored. Send down the records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 452.......gment and decree of the Court of appeal below are set aside and those of the trial Court are hereby restored. Send down the records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 452.......ot seem to be a ‘further relief’ within the meaning of the proviso to section 42 of the Specific Relief Act. Submission has therefore no substance. In the result, the Rule is made absolute. No order as to costs. Impugned judgment and decree of the Court of appeal below are set aside and those......gment and decree of the Court of appeal below are set aside and those of the trial Court are hereby restored. Send down the records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 452...Category: Property Law | Date: | Hits: 75
Seastar Shipping Lines Ltd. Vs. Bangladesh & others, 2001, 30 CLC (HCD)
....449.......te of receipt of this order. A copy of this order be sent forthwith to the Prime Minister’s Secretariate and the Ministry of Food. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 449.......ey-General—For Respondent No. 1. Writ Petition No. 5584 of 2000. Judgment Md. Joynul Abedin J.- This Rule Nisi was issued calling upon the respondent Nos.1-3 to show cause why the impugned order, Annexure-K, detaining the vessel ‘MV Vishva Kaumudi’ and restraining her from leaving the......te of receipt of this order. A copy of this order be sent forthwith to the Prime Minister’s Secretariate and the Ministry of Food. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 449...Category: Admiralty Law or Maritime Law | Date: | Hits: 212
State Vs. Md. Shamim alias Shamim Sikder and others, 2000, 29 CLC (HCD)
....th Reference No. 4 of 1997 with Criminal Appeal Nos. 1107, 947, 1050, 1198 of 1997. Judgment MM Ruhul Amin J.- This Death Reference under section 374 of the Code of Criminal Procedure has been made by the learned Additional Sessions Judge, 1st Court, Barisal for confirmation of the sentence of......der alias Md. Ratan are allowed and they are found not guilty to the charges levelled against them and they are acquitted in this case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 439.......gency Department of the Medical College Hospital accused Shamim, Nahid, Yousuf, Ratan, Bipul, Royel, Lamu and 3/4 unknown persons being armed with daggers encircled the deceased and his companions in order to kill the deceased. Accused Shamim, Nahid, Yousuf, Ratan, Bipul, Royel and Lamu attacked the......der alias Md. Ratan are allowed and they are found not guilty to the charges levelled against them and they are acquitted in this case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 439...Category: Criminal Law | Date: | Hits: 50
Gurvinder Singh Vs. Secretary, Ministry of Finance and others, 1992, 21 CLC (HCD)
....ent No.3. Writ Petition No. 1672 of 1992. Judgment Anwarul Haque Chowdhury J.- This Rule arises out of an application under Article 102 of the Constitution of the People’s Republic of Bangladesh and is directed against an order dated 27-4-92 issued by the respondent No.3 namely, the Assis...... In the result, this Rule is disposed of on the above observations without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 434. ......72 of 1992. Judgment Anwarul Haque Chowdhury J.- This Rule arises out of an application under Article 102 of the Constitution of the People’s Republic of Bangladesh and is directed against an order dated 27-4-92 issued by the respondent No.3 namely, the Assistant Commissioner of Taxes, Centr...... In the result, this Rule is disposed of on the above observations without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 434. ..Category: Fiscal/Taxation Law | Date: | Hits: 98
Hamza Rubber Industries Vs. Golam Dastagir Gazi, 2001, 30 CLC (HCD)
.... Rashid J Hamza Rubber Industries………. Appellant Vs. Golam Dastagir Gazi ……….. Respondents Judgment June 28, 2001. Cases Referred To- Abdul Jabbar and another Vs. Ahmad Jan, PLD 1973 Karachi 289; Messers Burney’s Industrial and Commercial Co. Ltd. Vs. Messers Rehm......istrict Judge is however, directed to dispose of the suit as early as possible preferably within three months from the date of receipt of this order. Connected Rule is also discharged and order of ad-interim injunction granted at the time of issue of the Rule is also vacated. Communicate at once. ......dal, Advocates—For the Respondents. FMAT No. 285 of 2001 with Civil Rule No. 255 (FM) of 2001. Judgment Md. Abdur Rashid J.- This appeal was presented by the plaintiff against judgment and order dated 12-02-2001 passed by the 10th Court of Additional District Judge at Dhaka in Title Suit ...... is also discharged and order of ad-interim injunction granted at the time of issue of the Rule is also vacated. Communicate at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 430. ..Category: Intellectual Property Law | Date: | Hits: 230
....ion
(Special Original Jurisdiction)
Present:
Syed JR Mudassir Hussain J
Syed Mahmud Hussain J
Hamayet Uddin Ahmed………….….Petitioner
Vs.
First Court of Settlement, Bangladesh Abandoned Building & others..………….Respondents
Judgment
May 8, 2001
Cases ......ons stated here in above the Rule is liable to be discharged.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 426.
......For the Respondents.
Writ Petition No. 2512 of 1995.
Judgment
Syed Mahmud Hossain J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned judgment and order data 17-8-95 (Annexure-D) passed by the First Court of Settlement, Bangladesh Abandoned Buildi......ons stated here in above the Rule is liable to be discharged.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 426.
..
Category: Property Law | Date: | Hits: 103
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