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....6‑11‑2002 vide Annexure E to the writ petition is hereby declared to have been issued without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 56 DLR (2004) 1.
......application of the petitioner gave environmental clearance certificate to the petitioner vide office memo No. Paribesh (পরিবেশ) /4480/847 dated 9‑6‑2002 to install the Muri Factory in question in the proposed area for a period of 1(one) year with the condition that the petitioner may...... pending for hearing along with the Rule itself and allowed them to file affidavit-in-opposition, Accordingly, they have filed affidavit-in-opposition. In their affidavit-in-opposition almost similar facts as stated by respondent Nos. 1‑3 have been stated. They have further stated that the impugne..
Category: Environmental Law | Date: | Hits: 226
Didarul Kabir (Md) Vs. Commissioner of Customs and others, 2001, 30 CLC (HCD)
....ischarged however without any order as to cost. The respondents are at liberty to realise the balance dues by encashing the Bank Guarantee. Ed. This Case is also Reported in: 55 DLR (2003) 11.......d the imposition of separate customs duties and other taxes on its various equipment, in addition to the taxes and duties levied on the vessel itself on its LDT. Further, the assessment has also been questioned as customs duties and other charges along with VAT have been calculated on the basis of t......the tariff value fixed by the Government for such item. The selfsame question earlier came up for consideration in an unreported case before this Court, namely, in Writ Petition No. 1479 of 1999. The facts of that case are very much similar to the facts of the instant case. In that case also the auc..Category: Fiscal/Taxation Law | Date: | Hits: 77
Nannu Mia @ Habibur Rahman Vs. State, 2002, 31 CLC (HCD)
.... the charge thereunder. The appellant be set at liberty, if not wanted in any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 7. ...... lawyer of the appellant further urges that no such evidence was ever led by the prosecution leading towards carrying or possessing the alleged Phensidyl for the purpose of sale and to that effect no question was ever put while the charge was framed under section 342 of the Code of Criminal Procedur......42 of the Code of Criminal Procedure and his statement was recorded. The defence plea was of innocence and declined to examine any defence witness. 7. Learned Special Tribunal upon considering the facts and circumstances of the case and the evidence on record convicted and sentenced the accused a..Category: Criminal Law | Date: | Hits: 43
Osiar Rahman Vs. Dharus Sunnah Islamia Madrasha, 1996, 25 CLC (HCD)
....4 of 1988 is set aside. The Other Suit No.14 of 1988 is restored to its original file and number. Send down the LC Records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 93. ......was decided merely on the finding that non-service of summons was not proved. The finding that summons was served, does not, in our opinion in the context in which it appears, mean anything more. The questions of fraudulent suppression of summons or the falsity of the claim which might well have pro......্রী দিতে আজ্ঞা হয়”। 4. Learned Advocate for the petitioner submits that the Courts below erred in law in rejecting the plaint on the ground of res judicata in that facts and matters upon which Other Suit No.14 of 1988 has been filed being not the same or similar t..Category: Civil Law | Date: | Hits: 66
Narayanganj High School and others Vs. Pran Ballave Saha Banik and others, 1998, 27 CLC (HCD)
....ffirmed by the District Judge, Narayanganj in Title Appeal No.60 of 1990, are maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 90.......o justify any interference by this court exercising revisional power under section 115(1) of the Code of Civil Procedure. 11. To meet the argument of the learned Advocate for the petitioner on the question of maintainability of the suit, the learned Advocate for the plaintiff-opposite party refer......ffirmed by the District Judge, Narayanganj in Title Appeal No.60 of 1990, are maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 90...Category: Employment/Service Law | Date: | Hits: 72
Nibash Chandra @ Chinu Vs. Dipali Rani and another, 1999, 28 CLC (HCD)
....y at once if not required in any other case. Bail bond is discharged. LC record along with copy of the judgment be sent down at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 87.......mandatory provisions of section 342 Cr.P.C. He contends that one 342 Cr.PC statement of the accused is found lying in the LC record, wherefrom it will be evident that it was recorded in the following question and answer manner. “প্রশ্নঃ আসামী বাদী ও বাদ......of P.W.s particularly of P.W.1 complainant having not been pointed out to the accused of the present case during 342 Cr.P.C. statement he is likely to be gravely prejudiced in his defence. In view of facts, circumstance, evidence on record and in view of the above decisions cited from the Bar, the c..Category: Family Law | Date: | Hits: 175
American Express Bank Limited Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....2-93 to 1997-98 are without lawful authority and of no legal effect. In the result the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002)7. ...... expenses and the sources of money for financing such expenses did not reflect in the profit and loss account sheet which according to respondent no. 3 resulted in under assessment for those years in question and the petitioner was thus served with notice to submit returns afresh for those years in ......d particulars, the same cannot be reopened for the purpose of re-assessment claiming the returns were submitted showing under assessment. He lastly submitted that since there was no non-disclosure of facts, the respondent no. 3 was not entitled to serve a notice invoking power under section 93 of In..Category: Fiscal/Taxation Law | Date: | Hits: 132
Delwar Hossain Sowdagar Vs. State, represented by the Deputy Commissioner, 2002, 31 CLC (HCD)
....tive claims in the civil Court. In that view of the matter the impugned proceedings are quashed. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 55 DLR (2003) 5. ......tive claims in the civil Court. In that view of the matter the impugned proceedings are quashed. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 55 DLR (2003) 5. ......there is a claim and counter claim between the parties this criminal case should not be allowed to proceed otherwise it would amount to an abuse of the process of Court. 8. Regard being had to the facts and circumstances, the submission of the learned Advocates, the materials on record and in the..Category: Civil Law | Date: | Hits: 83
....val of the petitioner is illegal and without any lawful authority.
The Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 81.......ently from the other side there were rejoinders denying the truth of the allegations of threat. On enquiry it was found that some cases were also filed by some of the witnesses of the Session case in question on the allegation of threat and upon proper investigation by the authority concerned the al......e respondents No.1-2. They have denied that the petitioner was removed at their instance. However, they maintain like the respondent Nos.1-2 that the removal of the petitioner was justified under the facts and circumstances of the case and that the impugned memo did not carry any stigma on the petit..
Category: Employment/Service Law | Date: | Hits: 108
Sonali Bank and another Vs. Md. Harun, 1999, 28 CLC (HCD)
.... 43,000.00 are hereby affirmed with interest at the rate of 8% per annum till realisation. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 75.......prove that the plaintiff’s reputation suffered due to stoppage of the mill or failure to run the mill. In such a case the onus lies heavily on the plaintiff to prove that his reputation suffered or questioned due to the failure of the project or closure of the mill No. one came to depose that when......s the definite case of the plaintiff that this has resulted in the loss to the plaintiff for which he had to institute the present suit. From the perusal of the evidence on record and considering the facts and circumstances of the case the trial Court found that the mill had to be closed down due to..Category: Civil Law | Date: | Hits: 72
M Saleem Ullah, Advocate and others Vs. Bangladesh, 2002, 31 CLC (HCD)
....aka into residential plots and police station is hereby declared to have been made without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 1. ......r construction of the buildings for police station and residential houses on the plots earmarked. The respondents have constructed a double-storied community centre in the extreme east of the park in question. 4. The petitioners have no other efficacious, effective remedy except by way of the app......aka into residential plots and police station is hereby declared to have been made without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 1. ..Category: Environmental Law | Date: | Hits: 259
.... the above facts and circumstances we find no merit in this Rule.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 72.......and by such substitution, amongst others, milk powder was included in the Third Schedule of the VAT Act and the import of the same was made liable to payment of 2.5% supplementary duty.
5. Now the question raised to this Rule is whether such duty can be imposed by merely including the said goods ......e materials on record we find no substance in the contention that 2.5% supplementary duty was charged from the petitioner once on the import and then on the sale of milk powder by it.
In the above facts and circumstances we find no merit in this Rule.
In the result, the Rule is discharged with..
Category: Fiscal/Taxation Law | Date: | Hits: 93
Sk Abul Kashem Vs. Abdus Samad Biswas, 1999, 28 CLC (HCD)
.... to costs. The order of stay granted earlier by this court is hereby vacated. Communicate this order to the court below at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 70. ...... to costs. The order of stay granted earlier by this court is hereby vacated. Communicate this order to the court below at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 70. ......on 115 of the Code of Civil Procedure is directed against an order passed by District Judge, Magura in Title Appeal No.52 of 1996 rejecting the application for withdrawal of the case. 2. The short facts relevant are that, the petitioner being plaintiff instituted the Title Suit No.10 of 1991 in t..Category: Property Law | Date: | Hits: 30
....f Public Works and Urban Development for information at once.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 67.......f Public Works and Urban Development for information at once.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 67.......petitioner for amendment of the petition dated 7-9-97 for reading the name of the vendor of the Kabala as Begum Nessa Bibi instead of Jabun Nessa and that this petition was allowed and taking all the facts into consideration and also the record of the abandoned property including the documents of ti..
Category: Property Law | Date: | Hits: 28
Bangladesh Vs. Md. Moazzem Hossain Bhuiyan and Others, 2009, 38 CLC (AD)
....sident of the 2nd Ad-hoc Governing Body. Thus we do not find any merit in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 65. ......sident of the 2nd Ad-hoc Governing Body. Thus we do not find any merit in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 65. ......s formed with Engineer M. Anwarul Islam as President, for forming a regular governing body for the Uttara High School and College as per the regulations. 4. The High Court Division considering the facts and circumstances of the case and the submissions of the learned Advocates appearing for the..Category: Civil Law | Date: | Hits: 81
Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)
.... expeditiously. Communicate a copy of the judgment immediately to the respondent No. 1 PSC for taking necessary steps expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 182. ......d and because of huge number of candidates involved it is the practice of the PSC to make the final scrutiny as per Clauses 11 and 12 of the Instructions to the PSC candidates. He contends that the question of mala fide or arbitrariness does not arise. He also contends that the application Forms s......hose rules. The petitioners were found unfit due to their own fault and defects and, as such, they were not allowed to appear at the Viva-voce Examination. The writ petition is based on distortion of facts and, as such, the Rule is liable to be discharged. 8. The petitioners filed an Affidavit-in..Category: Employment/Service Law | Date: | Hits: 134
AMC Bennett and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....petition seems to be frivolous and without any substance. Accordingly, the Rule is discharged with cost of Taka 15,000 (fifteen thousand). Ed. This Case is also Reported in: 59 DLR (2007) 178....... applications from the affected persons of Sector No. 11 were also invited, and the petitioners are the residents of Sector 11. The respondent No. 3 intended to allot plots to the affected persons in question, and the respondent No. 3 reserved the authority to accept or reject the application of t......ist Annexure D, pending disposal of the applications of the petitioners for rehabilitation plots of Mouza Bailjuree corresponding to Sector 11 of the Uttara Residential Model Town. 2. The material facts for disposal of this Rule are, that the petitioner's predecessor's lands were requisitioned an..Category: Property Law | Date: | Hits: 34
Kadam Ali Bhuiyan (Md) Vs. Begum Saheda Nur, 2007, 36 CLC (HCD)
....er at the time of issue of the Rule on 20-4-1999 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 175; 13 MLR (HCD) (2008) 242. ......er at the time of issue of the Rule on 20-4-1999 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 175; 13 MLR (HCD) (2008) 242. ......ously found that the existence of pathway was not identifiable for want of particulars. 15. Only issue that is facing me is, as to whether the court of appeal below was justified in the facts and circumstances of the case and the evidence on record in dismissing the suit. 16. ..Category: Property Law | Date: | Hits: 30
Tahera Begum and others Vs. First Court of Settlement and others, 2006, 35 CLC (HCD)
....ly included in the 'kha' list of the abandoned buildings. In the result, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 59 DLR (2007) 173. ......ist of the abandoned buildings and the listing, as such, undoubtedly has been done illegally. We find from the judgment and order of the Court of Settlement it refrained from answering most important question whether the property was duly made abandoned or not, rather it seemed to have acted as a ci......eems to be unwarranted, because the Settlement Court cannot go beyond the jurisdiction as provided under PO 16 and its rules, provision and subsequent amendments. 15. In view of the aforesaid facts and circumstances and having regards to the submissions made by the learned Counsels of both..Category: Property Law | Date: | Hits: 29
AVP, Uttara Bank Ltd. Vs. Shahabuddin Khan and others, 2006, 35 CLC (HCD)
.... cost. Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 166. ...... cost. Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 166. ...... dismissing the appeal and affirming the judgment and decree dated 16-3-1999 passed by the Senior Assistant Judge, Gafargaon, Mymensingh in Other Suit No. 53 of 1994 decreeing the suit. 2. The facts leading to the issuance of the Rule, in brief, are that the opposite party No. 1 as a plaintif..Category: Employment/Service Law | Date: | Hits: 69
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