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Joynal Abedin (Md) Vs. Gurupada Chakraborty and others, 2002, 31 CLC (HCD)
.... Communicate the order at once to the learned Senior Assistant Judge, Chandina in Comilla for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 230. ......on record. 10. I have carefully gone through the impugned order as well as other materials on record. It appears that the learned Senior Assistant Judge duty considered all material aspects of the case and the law bearing on the subject and passed the impugned order on assigning cogent reasons. ..Category: Property Law | Date: | Hits: 65
Salim (Md) Vs. Commissioner of Customs and others, 2003, 32 CLC (HCD)
....rn the bank guarantee, if any they received, within a period of 30 days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 228. ...... was challenged and no fruitful purpose could be achieved by preferring an appeal before the Commissioner of Appeal against such illegal order for assessment. In support, he cited the decision in the case of Mustafa Kamal and another Vs. Commissioner of Customs and others 5 MLR (AD) 1 = 52 DLR (AD) ..Category: Fiscal/Taxation Law | Date: | Hits: 78
M/S. OK International Vs. Commissioner of Customs & others, 2009, 38 CLC (AD)
....sed. However the authority concerned may consider to give benefit if any to the appellant under the registration scheme. This Case is also Reported in: 16 MLR (AD) (2011) 83, 63 DLR (AD) (2011) 122.......pellate Division (Civil) Present: M M Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J M/S. OK International................................Appellant (In all cases) Vs. The Commissioner of Customs & others ..............Respondents (In all cases) ..Category: Fiscal/Taxation Law | Date: | Hits: 86
Haji Md. Shamsul Haque Vs. Pubali Bank Limited, 2009, 38 CLC (AD)
....tioner is set aside and the deposited amount be returned to the present petitioner. With this observation the petition is disposed of. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 75....... Decree Execution Case No.29 of 1994 based on judgment and decree dated 06.04.1994 in Money Suit No. 21 of 1993 passed by the learned Joint District Judge, 2nd Court, Gazipur. 4. In the execution case the mortgaged property was put on auction sale. The petitioner and 9 (nine) other persons parti..Category: Others | Date: | Hits: 109
H.M.A. Sattar Vs. Government of People's Republic of Bangladesh, 2009, 38 CLC (AD)
....fere with the impugned judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 71. ......er passed by the School could not be approved as the allegations brought against the Head Master were not proved before the Arbitration authority of the Board. 3. The facts relevant in the instant case are that the Shaistabad Moazzem Hossaih High School was established in 1939 and the existing Ma..Category: Civil Law | Date: | Hits: 90
Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation and others, 2002, 31 CLC (HCD)
....e Metropolitan Chamber of Commerce and Industry for arbitration in accordance with clause 18 of the contract. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 224. ......r, the learned Subordinate Judge rejected both the applications and fixed 17‑1‑2001 for filing of written statement. 5. Mr. Khalilur Rahman, learned Senior Counsel giving the background of the case, submits that the compensation claimed in the suit for breach of the contract must be held to b..Category: Alternative Dispute Resolution | Date: | Hits: 245
Chand Mia and others Vs. MA Rajput Ghosh Bahadur & others, 2002, 31 CLC (HCD)
.... to the plaint and corresponding correction to the decree in Title Suit No. 2 of 1959 as prayed for. There is no order as to cost. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 221. ......he learned Advocate submits that section 152 is an inherent power of the Courts to correct mistakes occurring in the judgments, decrees and orders. In support of his contention he has referred to the case of Ibrahim Sk and others Vs. Janab Sk alias Janab Ali Sk & others reported in 29 DLR 81. I..Category: Property Law | Date: | Hits: 61
Shamsul Alam and another Vs. State, 2002, 31 CLC (HCD)
....sed and the conviction and sentence passed on 23‑7‑1998 are hereby confirmed. Records of the trial Court be sent down at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 218. ......f by this single judgment. 2. Both the appeals mentioned above are directed against the judgment and order dated 23‑9‑1998 passed by Assistant Sessions Judge, 1st Court, Chittagong in Sessions case No. 131 of 1995 (out of Baskhali PS Case No. 7(12) 1993 convicting the accused appellants Shams..Category: Criminal Law | Date: | Hits: 54
Abdur Rahman Kha (Md) Vs. State, 2002, 31 CLC (HCD)
....er be heard afresh by the learned Judge and orders be passed in accordance with law. The stay order passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 213. ......bur, assaulted his father with ram dao as a result of which his father fell down sustaining bleeding injuries on his head and that as a result of the injuries thus caused his father succumbed and the case was then started on 10‑7-1998 against all the four accused under sections 302/34 of the Pen..Category: Criminal Law | Date: | Hits: 82
Mohammad Syed Vs. State, 2004, 33 CLC (HCD)
....discharged with the observation as made above. Send down the lower court records with a copy of this order to the court concerned. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 210. ......ted forged papers o the truck or the purpose of misappropriation and thereby committed breach of trust by forgery under sections 406/420/467/468/471/109 of the Penal Code. Pursuant to such an FIR the case was investigated upon by the police who after investigation submitted charge-sheet against the ..Category: Criminal Law | Date: | Hits: 45
Rezia Khatun Vs. State, 2004, 33 CLC (HCD)
....Rule. In the result the Rule is discharged. Let the LCR be transmitted to the courts below with a copy of the judgment and order. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 208.......der passed as this court may seem fit and proper. 2. The relevant facts are that, the complainant‑petitioner Rezia Khatun, being wife of the opposite party No.1 Idris Ali, instituted a complaint case alleging that during subsistence of marriage between them, the opposite party No.1 married one ..Category: Criminal Law | Date: | Hits: 39
GM Morshed Vs. City Bank Ltd. and others, 2004, 33 CLC (HCD)
....r granted by this Court on 11‑11‑2001 is hereby recalled. Communicate the order to the learned Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 205. ......was filed by the attorney of the Bank. He secondly, submits that the provision of section 247 of the Code of Criminal Procedure has direct application under the facts and circumstances of the present case in that on several dates the complainant-opposite party was found to be absent in the court for..Category: Banking Law | Date: | Hits: 237
Loskor Md Mostan Billah Vs. State, 2002, 31 CLC (HCD)
....herefore, has no substance. In the result, the Rule is discharged. The order of stay passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 199. ......hulna and Special Judge in Special Case No. 13 of 2001 rejecting the prayer for withdrawal of the prosecution against the accused petitioner should not be set aside. 3. Facts, in short, of the case are that, after holding preliminary enquiry by Bureau of Anticorruption one Selina Akhter, Insp..Category: Criminal Law | Date: | Hits: 56
State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)
....dris Jamai be set at liberty forthwith if not wanted in connection with any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 185. ......udge, however has found Sultan Mahmud and Khodeza not guilty of the charges. He has also discharged Nur‑e‑Alam of the charges on the reasoning that he has disclosed the whole circumstances of the case relating to the offence. 3. Prosecution case has been narrated by Md. Lokman Hossain (PW1) w..Category: Criminal Law | Date: | Hits: 110
Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)
....ays distinguished from contradictions. Contradictions in the testimonies of the prosecution witnesses may be fatal and destructive to the prosecution case whereas discrepancies which do not go to the root of the matter cannot be annexed with undue importance more so, when all probability factors ech......s beyond all reasonable doubt? ii) Whether conviction awarded and sentence imposed upon accused-appellants can be sustained on legal evidences, materials on record, fact and circumstances of the case and also, in safe dispensation of criminal justice? iii) Whether fortune shall smile upon ac..Category: Criminal Law | Date: | Hits: 54
Salahuddin Talukder (Md) Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....r, Appraiser and others so far relates to the petitioner is hereby declared to have been passed without any lawful authority. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 161. ...... their scales of pay as Preventive Officer has been raised and that their Pay Scale is similar to the post of Appraiser and their promotion as Appraisers were merely paper transactions and that their case went up to the Appellate Division of the Supreme Court of Bangladesh and the Appellate Division..Category: Employment/Service Law | Date: | Hits: 116
Grameen Telecom Vs. Dr. Rowshan Alam and others, 2010, 39 CLC (AD)
....y to the suit. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 69, VIII ADC (2011) 43. ......y to the suit. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 69, VIII ADC (2011) 43. ..Category: Procedural Law | Date: | Hits: 115
....petition is accordingly dismissed with cost of Tk. 5,000.00 to be paid by the learned Counsel for the petitioner.
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 68, VIII ADC (2011) 155.
......petition is accordingly dismissed with cost of Tk. 5,000.00 to be paid by the learned Counsel for the petitioner.
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 68, VIII ADC (2011) 155.
..
Category: Property Law | Date: | Hits: 58
Md. Abdur Rashid Akand Vs. Md. Raisuddin and others, 2010, 39 CLC (AD)
....ality in the said exercise of power in this case. There is no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 63, VIII ADC (2011) 39.......pparent on the face of the record and (c) for any other sufficient cause. 7. A judgment is defective on the face of it, if it does not effectively deal with and determine an important issue in the case on which depended the title of the plaintiff and the maintainability of the suit-this is certai..Category: Property Law | Date: | Hits: 48
Ocean Containers Ltd. Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)
....id SRO are illegal and without jurisdiction. In the result, the Rule is made absolute for the above reasons without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 250.......t of Parliament which delegates the power may, in so many words, provide that regulations, rules, orders or by‑laws may be made or approved under defined conditions. Such Act or statute may in some cases merely authorise such executive authority to appoint a day or fix some standard or to provide ..Category: Fiscal/Taxation Law | Date: | Hits: 86
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