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Displaying 621-640 of 1984 results.

Hubble Corporate Ltd. Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)

.... of stay granted earlier by the Court stands vacated. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ......s immediately but the Bank did not shift the goods from the said godown as a result of which the entire goods were damaged due to the devastating flood of 1998. As a custodian of the goods the Bank's duty was to take care of the goods. The goods of the petitioner were damaged due to negligence of th..

Category: Civil Law | Date: | Hits: 176

Dabiruddin and others Vs. State, 2007, 36 CLC (HCD)

....ainst them. They shall be set at liberty forthwith if not wanted in connection with any other case. Send down the L.C. R at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 181. ......the burden of proof lies on the person who has to support his case by proof of a fact which is peculiarly within his own knowledge, of which he is supposed to be cognizant. . . the burden denotes the duty of establishing by a fair preponderance of the evidence the truth of the operative facts upon w..

Category: Criminal Law | Date: | Hits: 74

Abul Hossain Vs. National Board of Revenue and others, 2012, 41 CLC (HCD)

....t of this Order positively without any fail. (Underlined by me). With this observations and the direction the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 341. ......e the respondent No.2, Commissioner of Customs, Dhaka against the said illegal confisca­tion of gold bar and prayed for summary adjudica­tion and for returning 42 pieces of gold bar on pay­ment of duty and taxes payable under Baggage Rules of the Customs Act, 1969 (Annexure-E). He then received a..

Category: Fiscal/Taxation Law | Date: | Hits: 177

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

...., Captain Faridul Alam, Dock Master of the Chittagong Port Authority and Dr. Md. Mosharraf Ashraf, Chief Chemist, Department of Shipping, 'to determine toxic substances on board of M.T. Enterprise in excess of ordinary sea voyage.' After conduct­ing the survey on 27.08.2008 and the Committee submit......ed gloves, boots, goggles and helmets, often workers ended up strip­ping entire ships with bare hands, sledgehammers and gas torches. VIII. Though they use goggles, these are not enough for heavy duty work like ship scrapping activi­ties and thus they face the prob­lem of eye redness, tearing,..

Category: Environmental Law | Date: | Hits: 688

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

....st in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ......e occurrence. 14. P.W.2 Md. Yakub, a constable of police, presently working in DB Police Comilla, deposed to the effect that on 18-4-2001 while posted in Burichang police station he went on patrol duty under the leadership of P.W.7 SI Billal. At that time they found a woman and two men in a ricks..

Category: Criminal Law | Date: | Hits: 83

Dolon (Md.) Vs. State, 2012, 41 CLC (HCD)

....me Affairs, Inspector-General of Police and Director General of Rapid Action Battalion. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 501. ......ms Act. 3. The prosecution case, in short, is that P.W.1 the informant, Lieutenant BN Md. Feroz Khan, RAB-3 Adamjee Nagar, Narayanganj along with accompanied forces on 6-10-2004 when was on Patrol duty for recovering unauthorized arms and arresting the miscreants of Demra, Sabuj-Sutrapur, Motijhe..

Category: Criminal Law | Date: | Hits: 99

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. ......6 as well as Singapore International Arbitration Act of 1994. Dr. Bhuiyan also relied upon the Bhatia case as referred to by the learned Advocate for the petitioner. Dr Bhuiyan submits that it is the duty of the Court of law to interpreter the law as per the wording as prescribed in the statute and ..

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

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. ...... to prove her own case and she cannot succeed or thrive upon the weakness of the defendants. In a case where the alleged executant denies execution of a document like a 'Kabinnama' (Ext.1) it was the duty of the plaintiff to prove the existence of such a document by adducing adequate evidence accord..

Category: Family Law | Date: | Hits: 140

Uzzal and Golam Rasul alias Mamun Vs. State, 2006, 35 CLC (HCD)

.... forthwith if not wanted in connection with any other case. Lower Court records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 311. ......ls have arisen out of the same Judgment these are being disposed of by this single Judgment. 3. The prosecution case as stated by P.W..2, the informant that on 17.12.2000 while he was on emergency duty along with his force set up a check post near LCD square after search to check up the vehicles ..

Category: Criminal Law | Date: | Hits: 78

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

....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. ......no doubt as to the cause of death, post mortem examination is not required and inquest report is sufficient for the trial. If any articles recovered from or near the corpse of the deceased, it is the duty of the police to send them to the malkhana in sealed cover with contents recorded, otherwise it..

Category: Criminal Law | Date: | Hits: 89

Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)

.... bail by this Division, are discharged from the respective bail bond. Send down the L.C.R at once. Md. Rezaul Haque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ......gatory on the pub­lic Prosecutor to examine any number of witnesses on the same point regardless of time. The failure of the accused to produce evidence does not relieve the Public Prosecutor of his duty to bring home the guilt to the accused. The burden of establishing the guilt of the accused is ..

Category: Criminal Law | Date: | Hits: 84

Mohin Uddin (Md.) Vs. State, 2008, 37 CLC (HCD)

.... and sentence is hereby upheld. Send down the original case records at once with the copy of the judgment for taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 35. ......3. In the cross-examination, he stated that he could not see the actual recovery of aims and ammunition from the accused. 20. P.W. 4 SI Farid Ahmed deposed that on 13- 7-2001, he went on patrol duty comprising police of Detective branch and Thana police under the leadership of Officer in Charg..

Category: Criminal Law | Date: | Hits: 92

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

....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. ......on the specified sales and/or services. Similarly, it has laid down elaborate procedure for realization of the tax and punishment for any violation or omission. The concerned authority is, therefore, duty bound to follow the procedure as laid down in the Act for each and every action. The Act does n..

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. ...... of official power or process of law or violation of provision of the Constitution, once it comes the Court in any proceeding, no matter how who brings the same. Legal wrong done in performing public duty is an act of culpable negligence and dishonesty of law. A public authority is duty bound to act..

Category: Others | Date: | Hits: 113

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

....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. ......…….Respondents Judgment May 6, 2008. Result: The Rule is discharged with observation. In order to determine the question whether the provision is mandatory or directory, it is the duty of the Court to get at the real intention of the legislature. . . Since there is no indication ..

Category: Civil Law | Date: | Hits: 136

Latif alias Md. Latif Miah and Rabiuzzal Hossain Vs. State, 2005, 34 CLC (HCD)

.... of the Penal Code. Both the convict appellants are discharged from their bail bonds. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 410. ......and also to pay a fine of Tk. 2,000/- in default, to suffer rigorous imprisonment for (four) months more. 2. The prosecution case, in short, is that informant Sub-Inspector of Police was on patrol duty on 9.01.1996 and while the police at about 1.45 A.M reached at Bheudibi bridge under Dhamrai Po..

Category: Criminal Law | Date: | Hits: 86

Chairman, Bangladesh Water Development Board and others Vs. Md. Abdur Rahman and another, 2008, 37 CLC (HCD)

....he Courts below stand maintained. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 405. ......endant No.4 issued a letter for treating him as an irregular employee on retirement and the plaintiff has enjoyed all the service benefits as permanent employee while he was in service and it was the duty of defendant No.1 to make the plaintiff a permanent employee but due to the issuance of a lette..

Category: Employment/Service Law | Date: | Hits: 166

Daud Ali (Md.) and others Vs. State, 2003, 32 CLC (HCD)

....appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ......iaul Haque as CS witness No.8 cannot be fatal as the connecting link which was to be proved and established by said constable was stated and proved by P.W.8 himself. CS witness No.11 SI Motiar Rahman duty officer in Shailakupa PS on 15‑4-­1992 recorded the first information report as per statemen..

Category: Criminal Law | Date: | Hits: 93

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. ......ods for which pre-shipment inspection is mandatory, and to issue a certificate which is called Clean Report of Findings (CRF) and that the CRF shall be accepted as the basis for assessment of customs duty of the goods imported into Bangladesh. He contends that the services that are being rendered in..

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

Md. Abdul Latif and others Vs. Mohammad Ali and others, 2008, 37 CLC (HCD)

....the Courts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 132. ......reiteration of the reasons given by the trial Court are not essential. In such a case expressions of general agreement with those of the trial Court are generally considered sufficient. It is not the duty of the appellate Court when it agrees with the view of the trial Court on the evidence either t..

Category: Procedural Law | Date: | Hits: 115