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Abdul Motaleb and others Vs. Customs, Excise and VAT Appellate Tribunal, 2011, 40 CLC (HCD)
....ssued bonafide for the simple reason that at the time of issue of the notice, the authority concerned had not yet arrived at as to any evasion of VAT by the petiÂtioner." 13. We are in respectful agreement with the observations made in the decision cited above. This principle was also applied in...... High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J Abdul Motaleb and others………………………….Petitioners Vs. Customs, Excise and VAT Appellate Tribunal…………………………Respondents Judgment Dece......tice dated 14-2-2008 (Annexure-C) is also declared to have been passed and issued without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 100. ..Category: Fiscal/Taxation Law | Date: | Hits: 135
Rezia Sultan & another Vs. Md. Haroon Malik and another, 2011, 40 CLC (HCD)
.... the premises. It can setÂtle only the right of the tenant as regard the possession over the suit premises i.e. whether the landlord acted in accordance with law or in accordance of the terms of the agreement, that is, if the rents illegally enhanced, if the landlord curtail the facilities proÂvid......vides for jurisdiction of Courts of Small Causes i.e. the Court has jurisdiction in the case of eviction of the tenant and Small Causes Courts cannot decide title of any party, it has no jurisdiction to pass the decree for recovery of possession if the tenant thrown out of possession of the premises......cellaneous case No.192 of 1980 are set aside. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 347. ..Category: Civil Law | Date: | Hits: 94
Muhibur Rahman Manik and another Vs. State, 2006, 35 CLC (HCD)
....hat of truth. And III. In a charge under section 4(b) of The Explosive Substance Act, 1908 possession to be punishable must also be possession with knowledge and assent. We are in respectful agreement with the principles enunciated in the Judicial Pronouncement. 35. In Abdul Rahman Vs. T......esult: The Criminal Appeal is allowed. Interpretation of judgment A Judicial decision is only an authority for what it actually decides. It cannot be quoted for a proposition that may seem, to follow from it. Every Judgment must be read applicable to the particular facts proved or assumed ......comes whether convict-appellant Muhibur Rahman Manik committed offence of section 6 of The Act of 1908 by supply of or solicitation of money, providing premises, supplying of materials, procured, counselled, aided, abetted or was accessory to the commission of offence of section 6 of The Act of 1908..Category: Criminal Law | Date: | Hits: 83
Hashem Ali & Others Vs. Suruj Ali & Others, 2010, 39 CLC (HCD)
....y such contract, grant or other disposition of property, or any matter required by law to be reduced to the form of a document, have been proved according to the last section, no evidence of any oral agreement or statement shall be admitted, as between the parties to any such instrument or their rep......property within Mouja Surujgonj, under District and Police Station Tangail comprised in C.S. Khatian No.116 within C.S. Plot No.171 area 0.52 acres and C.S. Plot No.303 having an area 0.27 acres at a total of 0.79 acres were the Ejmali property of both the brothers Mokdom Ali Sheik and Jumu Sheik fo......t Judge, 1st Court, Tangail, is hereby set aside and that of the trial Court is restored. Let the LC records be sent down at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 295. ..Category: Property Law | Date: | Hits: 83
Dutex Enterprise Co. Ltd. Vs. RMS Textile and Apparels Ltd. and others, 2010, 39 CLC (HCD)
....uments are presented to it.………………………..(13 & 14) As soon as the letters of credit are established between the issuing bank and the negotiating bank, it becomes an independent agreement between the two banks, neither the seller nor the buyer has any privity to that agreement.......rrespondent bank which is the intermediary between the issuing bank and the seller i.e. the beneficiary. It pays or negotiates documents or drafts tendered with documents or simply advises the credit to the beneficiary. In case of an irrevocable letter of credit it pays and negotiates documents on d......ties. The parties are (i) the buyers who procure the issue of the credit, (ii) the bank that issues the credit, (iii) the correspondent bank which is the intermediary between the issuing bank and the seller i.e. the beneficiary. It pays or negotiates documents or drafts tendered with documents or si..Category: Business or Commercial Law | Date: | Hits: 365
Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)
....a alleging, inter alia, that the accused Md. Salim Khan is a proprietor of "New shoe Museum", Ishurdi, Pabna; that he gave a proposal for loan for purpose of his shoe business and thereafter with the agreement with the bank, he took C.C loan of Taka 1,50,000/= that after taking loan he made mortgage......e of Criminal Procedure, 1898 (Act No. V of 1898); section 561A Extent of section 561A Cr.P.C. Section 561A of the Code provides that nothing in the Code of Criminal Procedure shall be deemed to limit or affect the inherent power of the court to make such order as may be necessary to give ef......itled to get any relief as prayed for. Hence the rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 353. ..Category: Procedural Law | Date: | Hits: 79
Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
....the respondent in Artho Rin Case is more or less is the case as made out by the respondent in Title Suit No.227 of 2004. The crux of the case of the respondents was that they entered into a bilateral agreement with Siemens for the aforesaid work order and since Siemens was the lead firm no tripartit......€¦â€¦â€¦.Appellant Vs. Contech Ltd. and others………………………………………..Respondents Judgment July 9, 2005. Result: The Appeal is dismissed. Cases Referred to- 17 BLD (HCD) 204; 15 BLD (AD) 47; 33 DLR (AD) 298; PLD 1954 (Lahore) 414; AIR 1931 (Calcutta)......is directed to dispose of the suit within 3(three) months from the date of receipt of this order in the interest of all the parties. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 133. ..Category: Civil Law | Date: | Hits: 87
Akbar Hossain (Md.) Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....d superfluous order to this effect. With the above observation, the Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 291. ......ction-6, Mirpur Housing Estate, Police Station Mirpur, Dhaka and also in the form of implementing the order passed by this Court in Writ Petition No.303 of 1979 on 2-2-81. 2. The facts giving rise to this writ petition are, that one Mohammad Moinuddin happened to have taken lease of the disputed ...... 15-9-62 and the said Mohammad Moinuddin was in peaceful possession of the said disputed property. He was a national and permanent resident of Bangladesh. On 17-11-73 Mohammad Moinuddin contracted to sell the said house to one MA Quasim and while the said contract was in force the Government issued ..Category: Property Law | Date: | Hits: 77
State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....in supplementation to its original pleading, tabling such assertions which run as follows; BGMEA was allotted .66 acres of land from several dags of Mouzas Boramoghbazar and Begunbari, pursuant to an agreement sealed between itself and the EPB, dated 7th May 2001. Clause 2 of the said covenant stipu.......................Petitioner Vs. Government of Bangladesh and others..........................Respondents Judgment April 3, 2011. Result: The Rule is made absolute. Cases Referred to- RAJUK Vs. Abdur Rouf Chowdhury (RANGS Building Case); Jamuna Builders Ltd. Vs. RAJUK (Jamuna ......ollowing particulars are included in and attached with the instrument, namely- (a) the latest khatian of the property prepared under the State Acquisition and Tenancy Act, 1950, in the name of the seller, if he is owner of the property otherwise than by inheritance; (b) the latest Khatian of ..Category: Constitutional Law | Date: | Hits: 642
Rais Ali alias Md. Rais Ali and others Vs. Mst. Hajera Khatun and others, 2009, 38 CLC (HCD)
.... learned Judge that the question of waiver of the right of preÂ-emption would arise only after the registration of the Kabala and further that the right would be waived or relinquished by a specific agreement was wrong on principle and authority. Mr. Pal argued that the right of pre-emption inheres......sent: Md. Nizamul Huq J Rais Ali alias Md. Rais Ali and others…………………Petitioners Vs. Mst. Hajera Khatun and others…………………….Opposite Parties Judgment October 13, 2009. Result: The rule is discharged. Cases Referred to- Aklasur Rahman and o......96 in the Court of Senior Assistant Judge, Brahmanbaria for preÂemption of the lands described in the schedule of the petition covered by kabala dated 28.08.1995 executed by Opposite Party No.9, the seller in favour of pre-emptees i.e. petitioner Nos.1-4, predecessor of Opposite Party Nos.37 to 41 ..Category: Civil Law | Date: | Hits: 192
Fazlul Haque (Md.) Vs. Abdul Malek and another, 2008, 37 CLC (HCD)
.... period prescribed by any law, the Court then would have no power to extend such period of time under the section. Similarly, when the Court fixes a period of time for doing an act on the basis of an agreement or a compromise arrived at by the parties, it would have generally no jurisdiction to over......re specific provisions for the relief sought for. Inherent power could only be invoked by the Court in case where it finds no provisions for the relief prayed for, and only for the ends of justice or to prevent abuse of process of the Court in the facts and circumstance of the given case…………......cost. Order of stay granted at the time of issue of the Rule on 30-4-07 is accordingly, recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 72. ..Category: Civil Law | Date: | Hits: 281
Harunor Rashid Halder Vs. Entaj Sheik & others, 1983, 12 CLC (HCD)
....uld be disregarded and any number of proceedings may be initiated by any disappointed party leading to no result whatsoever, a position which would surely be intolerable." 12. We are in respectful agreement with the observation as above which it in complete accord with the view we have taken to t......¦â€¦â€¦â€¦â€¦â€¦Petitioner Vs. Entaj Sheik & others………………………………Opposite parties Judgment May 19, 1983. Result: The Rule is discharged. Cases Referred to- Aran Sardar and ors. Vs. Hara Sundar Majumdar and ors., 27 Calcutta Weekly Note (C.W.N.) at p......Rule is discharged. The impugned proceeding is set aside. Send down the record at once. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 286. ..Category: Criminal Law | Date: | Hits: 88
Shaikh Obaidul Haq Vs. State & another, 1986, 15 CLC (HCD)
....n 420 of the Penal Code now pending in the Court of Chief MetropoliÂtan Magistrate, Dhaka be quashed. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 105. ......………………Petitioner Vs. The State & another………………………Opposite Parties Judgment February 20, 1986. Result: The Rule is made absolute. Cases Referred to- Md. Anwar Ali and Md. Liaquat Ali Vs. State & Md. Nezamuddin, 30 DLR 327; A.I.R. 1938 (Ma......ints LimiÂted which was the principal agent dealer of Berger Paints Bangladesh Limited of which the Opposite party is the Regional Sales Manager. As the appointed agent/dealer the petitioner used to sell the products of the Opposite party Firm on commission basis upon receipt of the paints on credi..Category: Criminal Law | Date: | Hits: 67
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
....ut any order of detention whatsoever. In the case of Abdul Latif Mirza Vs. The Government of Bangladesh and others, 31 DLR (AD) 1 it hasbeen held by the Appellate Division as follows:- "We are in agreement with the view of Supreme Court of Pakistan in Rowshan Bijaya Shawkat Ali Khan's case (18 D......s. Secretary, Ministry of Home Affairs & others……………………………………Respondent Judgment December 11, 1985. Result: The Rule is made absolute. Cases Referred to- Liver Siege Vs. Anderson, 1942 A.C. 206; Nakhudali Vs. M.F. Jayaratne, 1951 A.C. 66; Gholam J......maluddin Ahmed alias Jamal Ahmad be set at liberty at once. In the result, the Rule is made absolute. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 93. ..Category: Criminal Law | Date: | Hits: 78
....cember, 1985 to the petitioner as prayed for within a period of 30 days of receipt of this order, positively.
Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 704.
......€¦Petitioner
Vs.
Additional Secretary and Member (Appeal and Revision) and others………..Respondents
Judgment
May 15, 2007.
Result:
The Rule is made absolute without any order as to cost.
Lawyers Involved:
Tanjibul Alam with Abu Khaled Al Mamun, Advocates — For the......rn every 3 months holding the petitioner was liable to pay business turnover tax according to rule 2(C) of the Ordinance.
14. It is further stated that the petitioner is engaged in the business of selling goods only to diplomats in terms of the customs bonded warehouse licence dated 16-2-82 (Anne..
Category: Administrative Law | Date: | Hits: 491
Md. Iddris Sheikh Vs. State, 2008, 37 CLC (HCD)
....l for the complainant is fully applicable in this case. 24. We have gone through the decision reported in 9 MLR (AD) 299 as referred by the learned Counsel for the petitioner. We are in respectful agreement with the principles enunciated therein, but the facts leading to that case are quite disti......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.(17) Cause of action of a Criminal Case The cause of action of a Criminal Case should be ascertained in it's entirety i.e. from the initiation of the proceeding to its end. For the cause of non mentioning the date of receipt of the legal notice and cause of act......f Chief Judicial Magistrate, Faridpur, shall continue in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 223. ..Category: Criminal Law | Date: | Hits: 103
Nayeem Mehtab Chowdhury Vs. State, 2010, 39 CLC (HCD)
....ed branch of the Sonali bank and the IO could have seized from the concerned bank all relevant documents, namely the loan applicaÂtion, company's resolution to take loan, the sanction letter or loan agreement, the statement of the loan accounts, cheques showing as to who has withdrawn the money fro......ty Judgment March 2, 2010. Result: The rule is discharged. The Code of Criminal Procedure, 1898 (V of 1898); sections 173 and 561A A 'naraji petition' which is not signed by the attorney of the complainant or by the complainant himself cannot be considered as a petition in the ey...... granted at the time of issuance of the rule is hereby vacated. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 345. ..Category: Criminal Law | Date: | Hits: 124
Shitalakhaya Ice and Cold Storage Pvt. Ltd. Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
....or machinery purposes. Subsequently, the petitioner filed another loan application and the bank decided to increase the loan amount by order dated 27-03-2001 when the petitioner accepted the loan, an agreement was entered into on 8-5-2001 between the petitioner and the bank. On the basis of the said......orted in: 64 DLR (HCD) (2012) 487. ......etitioner to return the entire loan amount within 30 days. The bank then published tender notice in two daily newspapers namely, 'the Daily Janakantha' and the 'the Daily Amar Desh' on 22-06-2006 for selling the mortgaged property which could not be sold on auction. At this stage, the bank filed Art..Category: Civil Law | Date: | Hits: 108
Bashir Ullah Master Vs. Bangladesh and others, 2008, 37 CLC (HCD)
....btor petitioner. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 760. ...... Ullah Master……………Petitioner Vs. Bangladesh and others……………………..Respondents Judgment November 26, 2008. Result: The Rule is discharged without any order as to costs. A fugitive has no right to seek any kind of redress as against his grievance of issuanc......n to their submissions. 10. On going to the materials on record, it transpires to us that as the mortgaged property was diluvated into the river, so the decree holder bank was not in a position to sell the property in auction, and, as such, on the prayer of the bank, the Adalat by the order dated..Category: Civil Law | Date: | Hits: 93
Abdul Jabbar Bhuiyan and others Vs. Kulsum Banu Bibi and others, 2008, 37 CLC (HCD)
.... discuss all the material evidence taken into consideration by the trial Court. The gross omission made by the appellate Court is in respect of the clear findings by the trial Court about the deed of agreement for reconveyance and the subsequent deeds of sale as genuine. This goes to the root of the......Lower Court's record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 212. ......ourt at the time of issuance of the rule is hereby vacated. Lower Court's record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 212. ..Category: Property Law | Date: | Hits: 112
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