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Parul Nath and others Vs. State, 2014, 43 CLC (AD)

....urt Division in Criminal Miscellaneous Case No.4296 of 2006 and by this Court in Criminal Appeal No.43 of 2009 stand Accordingly. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 77. ......ents along with the description in order to return the ornaments to the actual mortgagors through Court after proper accounting of all the arrears of Nath Jewellers. It may be stated that there is no dispute that the present petitioners are the legal heirs of deceased-Ram Krishna Nath. As it appears..

Category: Criminal Law, Property Law | Date: 27 Apr, 2014 | Hits: 8

Pubali Bank Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)

....ngladesh, is directed to take necessary steps under Section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J: I agree. This Case is also Reported in:   ......% of total outstanding loan and interest thereon or the amount of actual provision for such bad and doubtful debt and interest thereon in the books of assessee whichever is less. 17. There is no dispute that total outstanding loan due to the assessee bank is inclusive of bad and doubtful debts ..

Category: Fiscal/Taxation Law | Date: 27 Apr, 2014 | Hits: 6

Chittagong Steel Mills Ltd and another Vs. MEC, Dhaka & others, 2014, 43 CLC (AD)

....e do not find any substance in this appeal. Accordingly, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014)246.   ......­ment, the respondent under the provisions of the agreement dated 29-3-1994 filed application before the Registrar of Metropolitan Chamber of Commerce and Industries, Dhaka for arbitration of the dispute praying for an award of Taka 58,00,000 with cost of arbitration and the Tribunal of Arbitrat..

Category: Civil Law | Date: 23 Apr, 2014 | Hits: 10

Borun Khatun and others Vs. Md. Hebaj Uddin Pramanik and another, 2014, 43 DLR (HCD)

....on of the suit land till disposal of the appeal. Send down the lower Court records. Communicate this judgment at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 58. ...... establishing of the case. 8. Mr. Md. Oziullah, Advocate with Mr. Md. Ziaur Rahman, the learned Advocates appearing for the plaintiff-appellant-opposite parties, on the other hand, submits that, dispute is for 47 decimals of land, 14 decimals from dag No.1157 and 33 decimals from dag No.1158 bu..

Category: Property Law | Date: 6 Apr, 2014 | Hits: 9

AZM Tajul Islam vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)

....seniority and experience, on the basis of the ACR within 15 days of receipt of this judgment and order. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 266.     ......affidavit-in-opposition contend­ing that the petitioner is an Additional Chief Engineer of the Department of Public Works and he being a Government Employee cannot file this writ petition raising disputes regarding his promotion, which clearly falls within the terms and condition of service, as ..

Category: Administrative Law | Date: 3 Apr, 2014 | Hits: 6

Hafiz Ahmed Mazumder Vs. Pubali Bank Limited, 2014, 43 CLC (HCD)

....me of admission of this petition is hereby vacated. The parties will bear their respective cost. This Case is also Reported in: 66 DLR (HCD) (2014) 234       ......he objection raised by the respondent No. 5 who (the neutral chairman) was supposed to decide the issues as per direction Nos. 8 and 9 of this court, as given in the judgment dated 6-5-2013, that the dispute, if any, arises at the time of election will be settled by the neutral chairman. He also sub..

Category: Banking Law, Corporate Law | Date: 25 Feb, 2014 | Hits: 9

S.N. Kabir Vs. Fatema Begum and others, 2014, 43 CLC (AD)

....i transaction of immoveable prop­erty; chapter-IV comprising sections 6 and 7 relates to homesteads in 'rural area', chapter-V consisting of sections 8-18 relates to agricultural land and resolution of dispute between the land owners and bargadars and chapter-VI containing sections 20, 2......of immoveable prop­erty; chapter-IV comprising sections 6 and 7 relates to homesteads in 'rural area', chapter-V consisting of sections 8-18 relates to agricultural land and resolution of dispute between the land owners and bargadars and chapter-VI containing sections 20, 21 and 22 relat..

Category: Property Law | Date: 16 Feb, 2014 | Hits: 19

Delipjan being dead her heirs: Fazal Haque and other Vs. Shahed Badsha and others, 2014, 43 CLC (AD)

....s allowed and the impugned judgment delivered by the High Court Division is set-aside without any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 176.   ...... obtained possession in the suit land through Court as per the saham prepared by the Advocate Commissioner and had been possessing the suit land peacefully and as such, the heirs of Nazimuddin cannot dispute the title of the plain­tiffs-respondents and as such, the impugned judg­ment does no..

Category: Civil Law | Date: 11 Feb, 2014 | Hits: 5

Loreeto Vs. Nasreen Sobhan and another, 2014, 43 CLC (AD)

....he decree are hereby expunged. The appeal is disposed of with the above expunction without, however, any order as to costs. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 111. ...... circumstances can a Court pass decree or order, for awarding compensation to a party to the suit. In this connection section 95 of the Code of .Civil Procedure is relevant for resolving the point in dispute, which reads: "95. (1) Where, in any suit in which an arrest of attachment has bee..

Category: Civil Law | Date: 3 Feb, 2014 | Hits: 14

Selim Hossain (Md.) Vs. Shahabuddin Ahmed and others, 2014, 43 CLC (AD)

....t-petitioner without creating any hindrance or obsta­cle and the executing Court shall pass necessary order in that respect. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 115. ......he auction purchas­er had to incur expenses of Taka 1,38,800 as reg­istration fee, Taka 84,000 as advance income tax and Taka 56,000 as poundage Court fees, which Mr. Mahmudul Islam could not dispute. Mr Mahbubey Alam in a separate typed sheet has shown a total of Taka 2, 95,576 which includ..

Category: Civil Law | Date: 3 Feb, 2014 | Hits: 6

Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)

.... For the reason stated above, we find no merit in these review petitions. The petitions are accord­ingly dismissed on merit. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 289. ......o do complete justice only in a situation where justice cannot be effectively and appropri­ately dispensed with by the existing provisions of law. It is now established that where the question in dispute can be settled only through the provi­sions of a statute, its inherent powers cannot be ..

Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15

Md. Abdur Rob Bhuiyan Vs. Sheikh Ahammed and others, 2013, 42 CLC (HCD)

.... Rule. Accordingly, the Rule is discharged. Opposite Parties 1-20 are released from their bail bonds. Send down the records. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is alsoReported in: ......The petitioner lodged an ejahar with Sonaimuri Police Station on 04.02.2001 against opposite parties 1-20 and another alleging inter alia that he had enmity with the said opposite parties over a land dispute. On 15.01.2001the opposite parties 1-20 and their accomplices demanded him to pay subscripti..

Category: Procedural Law | Date: 21 Nov, 2013 | Hits: 24

Ekramul Hossain (Md.) and others Vs. Chairman, First Labour Court, Dhaka and others, 2013, 42 CLC (HCD)

....ion shown to have declared on 27-8-2010 with Md. Mahbubul Alam Nader Bhuiyan, an Advocate of Narsingdi Bar as President was a nullity and outside the scope of law. In the circumstances, pursuant to a resolution taken in the general meeting of the Union held on 19-8-2011 a decision was taken for hold......rgaining Agent and Election for the Office Bearers of a Trade Union— Labour Court has not been invested with any power to adjudicate matters relating to the internal affairs, in particular dispute relating to election of its office bearers of a registered trade union and labour Court cann..

Category: Labour and Industrial Law | Date: 18 Nov, 2013 | Hits: 5

AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)

....realise the fine in accordance with law. Let a copy of this judgment along with LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 564 ......dation for withdraw­ing his salary from the fund of the Ministry of Industry. Instead of doing so it he has influenced his parent department where he rendered no serv­ice for the period under dispute which appears to be abuse his official position as public servant. 58.  The inform..

Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3

Proshanta Kumar Sarkar Vs. Managing Director, Agrani Bank Ltd Head Office and others, 2013, 42 CLC (HCD)

....costs. The order of stay granted earlier is vacat­ed. Communicate a copy of the judgment to the bank concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 50. ...... such illegal or irregular auction sale. 22. However, since the possession of the property has not yet been delivered to the bank or the auction purchaser pursuant to execution of sale deed, the dispute may be settled by the bank with the consent of the auction purchaser taking care of the purc..

Category: Others, Procedural Law | Date: 8 Oct, 2013 | Hits: 8

Bakhrabad Gas System Limited Vs. Al Masud-ar-Noor and others, 2013, 42 CLC (AD)

.... (the leave petitioner was respondent No.4) to show cause "as to why the impugned provision of minimum educational qualification of Bachelor Degree for the promotion of the petitioners passed in resolution dated 6-6-2005 in the 352n Board Meeting of the Board of Directors of Bangladesh Oil, Gas......appointed after the com­ing into effect or force of the same. With the above observations, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 187. ..

Category: Employment/Service Law | Date: 26 Sep, 2013 | Hits: 12

Commissioner of Customs, Excise and VAT Commissioner of Customs, Excise and VAT Vs. Appollo Steel Mills Ltd and others, 2013, 42 CLC (AD)

....no reason and logic, he could just sit over the matter. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 143   ......the VAT authority may have any justifiable 'demand against the petitioner, they can raise and get adjudicated the same in accordance with the provisions of the VAT Act. But they cannot adjust any disputed amount, which was never adjudicated under section 55 of the VAT Act. When the applicat..

Category: Fiscal/Taxation Law | Date: 24 Sep, 2013 | Hits: 9

Government of Bangladesh Vs. Md. Abdul Maleque Miah and 7 anothers, 2013, 42 CLC (AD)

....iev­ances of the service-holders so that they can do their job efficiently having no injured feeling. Delay in formal Court proceedings has given rise to a new concept of alterna­tive dispute resolution mechanism. Accepting this principle our Constitution has made provision for Administrativ......y the griev­ances of the service-holders so that they can do their job efficiently having no injured feeling. Delay in formal Court proceedings has given rise to a new concept of alterna­tive dispute resolution mechanism. Accepting this principle our Constitution has made provision for Admin..

Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3

Maulana Syed Rezaul Haque Chadpuri and others Vs. Bangladesh Jamaat-e-Islami and others [2nd Part], 2013, 42 DLR (HCD)

....ing provisions as specified under sub-clause (b)(i), (b)(ii), b(iii) and b(iv) of clause (1) of Article 90B as well as complying with the provisions under Article 90C along with a resolution of the highest policy making body of the party, by whatever name it may be called to the ......ire system of judiciary of the Republic and purports to annihilate Part VI of the Constitution. It denies the legitimacy of the Judiciary of the Republic to hear petitions or cases or adjudicate upon disputes and challenges the authority of the judges to pronounce judgments and laws for the Republic..

Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10

Maulana Syed Rezaul Haque Chadpuri and others Vs. Bangladesh Jamaat-e-Islami and others [1st Part], 2013, 42 DLR (HCD)

....ining provisions as specified under sub-clause (b)(i), (b)(ii), b(iii) and (b)(iv) of Clause (1) of Article 90B as well as complying with provisions under Article 90C along with a resolution of the highest policy-making body of the party, by whatever name it may be called, to the......নোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮) (..to be continued at CLC ID ( 9365 ) ..

Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11