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Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh, 2009, 38 CLC (HCD)

....ietor, Madina Enterprise at once by a Special Messenger of this Court at the cost of the petitioner. Sheikh Abdul Awal J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 118. ......0 of 2008. Judgment Md. Imman Ali J.- The subject matter of the instant application is the import of an oil tanker plying under various names, including Atlantia, New Atlantia, Ocean Enterprise and lastly M.T. Enterprise (IMO No.7709136). The vessel was imported by M/S. Madina Enterprise (resp......ietor, Madina Enterprise at once by a Special Messenger of this Court at the cost of the petitioner. Sheikh Abdul Awal J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 118. ..

Category: Environmental Law | Date: | Hits: 688

Jahirul Haque Vs. State, 2011, 40 CLC (HCD)

....ted blowing whistle and focusing torch light and also shouted ‘Dacoit', 'Dacoit'. At this villagers came out of their houses and caught hold of accused Billal and Jahirul from a paddy field and the bank of a pond and assaulted them and thereafter handed over the accused per­sons to them (P.W.3) a......hahidul Karim J Jahirul Haque…………………………….Appellant Vs. State………………………………Respondent Judgment December 15, 2011. Result: The appeal stands dis­missed. Cases Referred to- State Vs. Hasen Ali, 4 MLR 287 = 4 BLC 582; State Vs. Bad......hearing the noise of that quarrel he went to the place of occurrence. P.W.5 also stated in his cross that nothing was recovered from the accused persons and he knew nothing whether they had committed robbery or not. 18. P.W.6 Mir Hossain is a teacher. He stated in examination in chief that he kne..

Category: Criminal Law | Date: | Hits: 83

STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)

..... Accordingly, the application under sec­tion 7Ka of the Arbitration Act of 2001 is dismissed. Interim order, if any, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ......ourt High Court Division (Special Original Jurisdiction) Present: Mamnoon Rahman J STX Corporation Ltd………………………Petitioner Vs. Meghna Group of Industries Limited and others…………………………Respondents Judgment January 1, 2011. Result: Th....... Accordingly, the application under sec­tion 7Ka of the Arbitration Act of 2001 is dismissed. Interim order, if any, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ..

Category: Alternative Dispute Resolution | Date: | Hits: 506

National Bank Ltd. Vs. Provashi International Ltd. and others, 2010, 39 CLC (HCD)

....ed to get decree as prayed? 7. The plaintiff Bank examined one witness to prove its case and the defendant also examined one witness in support to its claim. 8. One Abdul Gani, Officer National bank Ltd. deposed as P.W.1 on behalf of the plaintiff. He stated in his examination-in-chief that up......n (Civil Appellate Jurisdiction) Present: Sheikh Abdul Awal J FRM Nazmul Ahasan J National Bank Ltd………………………Plaintiff-appellant Vs. Provashi International Ltd. and others………………………Defendant-respondents Judgment December 12, 2010. Resu......der as to costs. The Judgment and decree passed by the trial Court is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 229. ..

Category: Civil Law | Date: | Hits: 106

Md. Shahidul Islam Vs. Most. Anwara Begum, 2007, 36 CLC (HCD)

....aside and the Family Suit No.75 of 2004 is dismissed. 19. Send down the L.C. Records at once. Md. Abdul Wahhab Miah J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 114. ...... Most. Anwara Begum………………………Opposite party Judgment September 11, 2007. Result: The Rule is made absolute. Muslim marriage is a socio-religious contract between a man and a woman and as such signatures of the par­ties in the 'Kabinnama' are essential for proving mar......aside and the Family Suit No.75 of 2004 is dismissed. 19. Send down the L.C. Records at once. Md. Abdul Wahhab Miah J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 114. ..

Category: Family Law | Date: | Hits: 140

State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)

..... The tea stall of Abdul Halim is about 400/500 yards far from the brickfield. He stated to the investigating officer that after hearing the sound of gunshot he stopped cultivation and came up to the bank. He cannot say whether the mound behind he was hiding was 50 feet or not. He stated to the inve...... (2010) 138. ......sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ..

Category: Criminal Law | Date: | Hits: 89

Md. Joinaul Abedin Mintu Vs. Joint District Judge, 3rd Court Tangail and others, 2010, 39 CLC (HCD)

....tha Rin Adalat Ain, 2003, and in case of failure to sell the property in auction the subsequent steps for issuance of certificate and possession to the decree holder may be taken if the decree holder bank prays so. In the absence of filing of application for execution of the decree, the order of the......l Jurisdiction) Present: Hasan Foez Siddique J Md. Moinul Islam Chowdhury J Md. Joinaul Abedin Mintu………………………Petitioner Vs. Joint District Judge, 3rd Court Tangail and others………………………Respondents Judgment February 4, 2010. Result: The......to have been made without lawful authority and in an unlawful manner and is of no legal effect. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 277. ..

Category: Civil Law | Date: | Hits: 174

United Mineral Water and PET Industries Ltd. Vs. Commissioner, Customs, Excise and VAT Commissionerate and others, 2007, 36 CLC (HCD)

....sold products of Taka 46, 33, 55,612 during the period from January, 2003 to December, 2004 as per VAT accounts. But the petitioner received Taka 144, 31, 55,331 during the period on the basis of two bank accounts maintained with the Bank of Small Industry and Commerce Bangladesh Limited, Main Branc...... Reported in:61 DLR (HCD) (2009) 734. ......05 (Annexure-C) is hereby declared to have been issued without lawful authority and, as such, of no legal effect. Communicate at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 734. ..

Category: Fiscal/Taxation Law | Date: | Hits: 131

Engineer Mahmudul Islam and others Vs. Government of the People's Republic of Bangladesh and others, 2002, 31 CLC (HCD)

....a copy of this judgment and order be sent to the Hon'ble Prime Minister for perusal and necessary action as per our observations made above. Ed. This Case is also Reported in:55 DLR (2003) 171. ......e is also Reported in:55 DLR (2003) 171. ......a copy of this judgment and order be sent to the Hon'ble Prime Minister for perusal and necessary action as per our observations made above. Ed. This Case is also Reported in:55 DLR (2003) 171. ..

Category: Others | Date: | Hits: 113

BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)

....health, welfare etc, primarily for the poorest segment of rural people. Its funds constitute mainly of donations from benevolent foreign donors. In addition, it earns income from commercial projects, bank interest, dividend etc. The petitioner is an assessee of Companies Circle-15, Taxes Zone-5, Dha......f Finance Mr. Shawkat Hossain, 75, Mohakhali, CADhaka-1212…………………Petitioner Vs. The National Board of Revenue, Segunbagicha, Dhaka represented by its Chairman, Segunbagicha, Dhaka and another…………………………Respondents Judgment February 12, 2008. Result: ......gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ..

Category: Fiscal/Taxation Law | Date: | Hits: 171

Md. Abul Basher Vs. The Judge, First Artha Rin Adalat, Chittagong and others, 2008, 37 CLC (HCD)

....nterest till the date of realization. Ultimately, the said Mortgage Suit No.4 of 1987 was decreed on contest against the principal defendant No.1 (petitioner). 3. In usual course the decree-holder bank filed Artha Rin Execution Case No.2 of 1999 before the 2nd Commercial and Artha Rin Adalat, Chi......on (Special Original Jurisdiction) Present: Zinat Ara J Sheikh Abdul Awal J Md. Abul Basher………………………Petitioner Vs. The Judge, First Artha Rin Adalat, Chittagong and others………………….Respondents Judgment May 6, 2008. Result: The Rule is di......to dispose of the Artha Rin Execution Case No.208 of 2004 expeditiously. Communicate the judgment to the Adalat concerned at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 208. ..

Category: Civil Law | Date: | Hits: 136

Mrs. Rokeya Begum Vs. Chartered Credit Co­operative Ltd., 2009, 38 CLC (HCD)

....t the accused paid part of money by cheque dated 15.02.2006 from Saving account Rupali Bank No.902209 of amount of Taka 54,83,300 and that the complainant deposited the cheque at charged co-operative bank on 15.02.2006 for encashment but the same was referred being unpaid. 3. The complainant thro......s Non disclosure of the date of receipt of notice under section 138 (1) (b) of the Negotiable Instruments Act is a question of fact which will be decided at the time of trial after taking evidence and thus non-disclosure of date of receipt of notice and consequently the failure to disclose the ca......itan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 29. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 274. ..

Category: Criminal Law | Date: | Hits: 70

Human Rights and Peace for Bangladesh and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....sented by Mr. Abdul Baset Mujamder, a learned Advocate of this Court. 12. The applicant is a private limited company engaged in production of refined edible salt by establishing an industry on the bank of Buriganga of Narayangonj Port. The applicant applied for licence to BIWTA and obtained year-......) 257. ...... in the meantime, if so advised. The applications for addition of party filed by the different applicants be kept with the record. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 257. ..

Category: Environmental Law | Date: | Hits: 731

Sobhan Munshi Vs. State and another, 2010, 39 CLC (HCD)

....esaid Police Station on 23.6.1999 at 11-05 hours against the accused-petitioner and seven others alleging, inter alia, that upon secret information he, along with his companion force, ambushed on the bank of the river "Padma" in village- Daodia and at about 2-30 A.M. having seen a Trawler coming by ...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Afzal Hossain Ahmed J Md. Abdus Samad J Sobhan Munshi………………………….Petitioner Vs. The State and another……………………………Opposite parties Judgment January 7, 2010. Resu...... with this case shall be deducted from the period of his sentence as per provisions of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 37. ..

Category: Criminal Law | Date: | Hits: 81

State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)

....ru, Lalu and Shafique be called for. Let a copy of this Judgment and Order be com­municated to the Court below concerned at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ......………………………Appellant Vs. Delwar Hossain & others……………………………….Condemned-Prisoners Judgment October 25, 2011. Result: The Criminal Appeal and Jail Appeal being No.2784 of 2011 and 207 of 2006 are allowed in part. The Criminal Appeal a......the Penal Code. It would be profitable for all if we look into section 391 of the Penal Code, which runs as follows:- Dacoity- When five or more persons con­jointly commit or attempt to commit a robbery, or where the whole number of persons con­jointly committing or attempting to commit a robb..

Category: Criminal Law | Date: | Hits: 158

Intertek Testing Services International Limited and others Vs. National Board of Revenue, Dhaka & others, 2003, 32 CLC (HCD)

....pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 691. ...... 55 DLR (HCD) (2003) 691. ......pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 691. ..

Category: Fiscal/Taxation Law | Date: | Hits: 119

Zafar Ahmed Vs. Mir Iftekharuddin & another, 2009, 38 CLC (HCD)

....al Judge is directed to proceed with the case expeditiously. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 732. ......ven mere pendency of earlier Civil Suit, connected with the matter, is no ground to stay the criminal proceedings initiated subsequently. The Court is to take into consideration all the related facts and circumstances of a case, nature of allegation and points invoked in the two proceedings to postp......al Judge is directed to proceed with the case expeditiously. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 732. ..

Category: Procedural Law | Date: | Hits: 128

Bangladesh Water Development Board Vs. MR. Sikder, 2003, 32 CLC (HCD)

....sing to set aside the disputed award. 3. The case of plaintiff M/s MR Sikder (contractor), in short, is that a tender was floated for the work of a project named "Construction of Patenga Coastal Embankment (Ch 117+00 ft. to 177+00 ft.) under Polder ‑62 including protection works" by the Chief E......vices Pvt. Ltd., 47 DLR 544; National Small Industries Corporation Vs. National Metal Craft, AIR 1981 (Delhi) 189; Indian Hosiery Works Vs. Bharat Woollen Mills, AIR 1953 (Cal) 488; Thawards Pherumal and another Vs. Union of India, AIR 1955 (SC) 468. Lawyers Involved: Abdul Wadud Bhuiyan with......eous case No.207 of 1994 of the 3rd Court of Subordinate Judge, Dhaka stands allowed. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 682. ..

Category: Alternative Dispute Resolution | Date: | Hits: 543

Sadiul Alam Vs. State, 2012, 41 CLC (HCD)

....1211 as informant lodged a First Information Report alleging, inter alia, that the accused-petitioner along with his other partners obtained loan amounting to Taka 3,46,67,692.15 from the informant's bank by producing necessary papers and documents in support of imported 65 Taxi Cabs. After taking t......Procedure, one of the following condi­tions must be fulfilled: (1) Interference even at an initial stage may be justified where the facts are so preposterous that even on admitted facts no case stands against the accused. (2) Where the institution and continuation of the proceeding amount to ......s hereby quashed. Let the lower Court's record along with a copy of this Judgment be sent down to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 146. ..

Category: Criminal Law | Date: | Hits: 92

Elite Lamps Ltd. Vs. Secretary, Ministry of Industries and others, 2007, 36 CLC (HCD)

....p new industries. It offered project loan on easy terms of 80:20 debt-equity basis in an effort to supplement the Government policy of rapid industrialization in different sectors. Other nationalized banks and a few private banks also made similar proposal for investment in setting up of new industr......High Court Division (Special Original Jurisdiction) Present: Zinat Ara J Sheikkh Abdul Awal J Elite Lamps Ltd…………………Petitioner Vs. Secretary, Ministry of Industries and others………………..Respondents Judgment November 19, 2007. Result: The Rule i......Rin Case No. 30 of 1991 expeditiously preferably within 4 (four) months from date. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 641. ..

Category: Constitutional Law | Date: | Hits: 334