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Sonali Bank Vs. Sheikh Anis Uddin Ahmed, 2010, 39 CLC (HCD)
....uit learned Judge found that as per section 176 of the Contract Act if the pawnor makes default in payment of the debt, or performance, at the stipulated time of the promise in respect of which the goods were pledged, the pawnee may bring a suit against the pawnor upon the debt of promise, and ret...... Hoque." Thereafter, the application runs as "after his appointment as a Judge of the High Court, Mr. Shamsuddin Babul replaced Mr. ABM Khairul Hoque, by letter dated 12-11-1998 and though the case record was handed over to him, but due to unknown reason (which is very significant) papers relati......d. Consequently Appeal from Original Decree No.841 of 1991 is dismissed. No costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 188. ..Category: Civil Law | Date: 15 Jul, 2010 | Hits: 49
Abeda Khatun and others Vs. Md. Idris Mia and others, 2010, 39 CLC (HCD)
....order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 308. ...... inherent power of the Court and as such the appellate Court below did not commit any error of law. 6. Heard the learned advocates at length, perused the revisional application, lower Court's record and the decision cited by the learned Advocate for the petitioner. 7. On perusal of th......f Civil procedure stating that she is a Co-sharer of the suit schedule land but the plaintiff without serving any summon notice upon her filed an application in the suit praying for exemption from service of summon upon her and obtained an order beyond her knowledge, It has also been stated that..Category: Procedural Law | Date: 14 Jul, 2010 | Hits: 3
Ziaur Rahman (Md.) Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)
....law and in the light of observations made above. The order of stay granted at the time of issuance of rule stands vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 189. ......law and in the light of observations made above. The order of stay granted at the time of issuance of rule stands vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 189. ......ot notified as to filing of this execution case against them. The execution cases under Artha Rin Adalat Ain, 2003 are filed for the purpose of realization of the decreetal money and the provision of service of notice as per section 30 has been incorporated in this Ain to make the Judgment-debtors a..Category: Civil Law | Date: 14 Jul, 2010 | Hits: 48
General Manager, Meghna Petroleum Ltd. and others Vs. Sultan Ahmed and others, 2010, 39 CLC (AD)
.... disposed of in the High Court Division expeditiously. This appeal is disposed off with the above observations and directions. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 1 ...... disposed of in the High Court Division expeditiously. This appeal is disposed off with the above observations and directions. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 1 ......ular No.বিজ্ঞাপন (জাঃ) প্রঃ-১/বিবিধ-০১/২০০১/৭৯৮ dated 11th November, 2001 on the allegation that they being class-TV and V employees, their services are not transferable and that the purported orders were issued with a mala fide motive to v..Category: Constitutional Law | Date: 13 Jul, 2010 | Hits: 4
ATM Salim Chowdhury Vs. State, 2010, 39 CLC (HCD)
....anted earlier by this Court shall stand vacated. Communicate the order at once. Salma Masud Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 494. ......ider Afric, appearing on behalf of the complaint-opposite party No.1, drawing our attention to the counter affidavit filed on behalf of the complaint-opposite party No.1 along with other materials on record, contends that the grounds as taken in the petition filed under section 561A as to whether th......ty No.1 along with other materials on record, contends that the grounds as taken in the petition filed under section 561A as to whether the notice has been served and as to non-mentioning the date of service of the notice or the date of receiving of the notice are all questions of fact and that the ..Category: Banking Law | Date: 13 Jul, 2010 | Hits: 187
AL-Arafah Islami Bank Limited Vs. M/S. Nobel Enterprise, 2010, 39 CLC (HCD)
....the correct exposition of law and facts. Therefore, we are unable to accept the same. On the contrary submissions advanced by the learned Counsel for the opposite party prevails and appears to have a good deal of force. 27. In the light of the discussions made above we are of the view that the im......8-2004 and 23-08-2004 passed by learned Joint District Judge, third Court, Dhaka, rejecting an application for dismissing Money Execution Case No.01 of 2004 as not maintainable and to return the case record to the Court of District Judge respectively. 2. Material facts are that the opposite party......on Case No. of 2004 within four months from the date of receipt of this order. Office is directed to send down the record at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 351. ..Category: Procedural Law | Date: 12 Jul, 2010 | Hits: 28
Kohinoor Chemical Co. (BD) Limited Vs. Unilever Bangladesh Limited, 2010, 39 CLC (HCD)
.... aforesaid observations Civil Rule No.931 (FM) of 2009 is disposed of. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 60. ......umstances of the case rightly allowed the application for temporary injunction which calls for no interference by this Court. 7. In order to appreciate their submissions we have gone through the record and given our anxious consideration to their submissions. 8. The point for consideration...... aforesaid observations Civil Rule No.931 (FM) of 2009 is disposed of. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 60. ..Category: Intellectual Property Law | Date: 11 Jul, 2010 | Hits: 269
Monir Hossain (Md.) and anothers Vs. Bangladesh and others, 2010, 39 CLC (AD)
....No.2081 of 2008. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 41, VIII ADC (2011) 404, 8 LG (AD) (2011) 141, 16 MLR (AD) (2011) 245. ......e writ petitioners failed to show anything that the Government arbitrarily did not accept the recommendation of the PSC on the basis of the first viva-voce examination result, rather the materials on record proved that the recruitment process was tainted by nepotism, corruption, and political influe....... The High Court Division observed that the posts were competitive and prized one and in such competitive examination "Transparency in the recruitment process was also necessary not only for the service but also for the Commission in order to maintain the public confidence in such constitutiona..Category: Employment/Service Law | Date: 11 Jul, 2010 | Hits: 104
.... Children's Affairs and the Inspector General of police by a special messenger of the Court at the costs of the office.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 61; 63 DLR (2011) 1....... law and discouraging imposition of extra-judicial punishment in any form including those in the name of execution of Islamic Sharia/Fatwa.
50. Considering the facts, circumstances and material on record we find substance in the instant Rules. In order to follow up the implementation of the di...... Children's Affairs and the Inspector General of police by a special messenger of the Court at the costs of the office.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 61; 63 DLR (2011) 1...
Category: Women and Children | Date: 8 Jul, 2010 | Hits: 335
....ideration of value for the service. The NBR has exempted up to TK.50 for medical and dental services and up to TK.100.00 for accommodation services in the hospitals. Though 15% VAT is applicable on a good number of products and services, only 2.25% VAT is payable on the basis of truncated base value...... of the learned Assistant Attorney General appearing for the petitioners.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 457; 18 BLC (AD) (2013) 52.
......ব্রেটরি” in 2nd schedule of VAT Act, 1991, being ultra vires and beyond the scope of fundamental state policy as stated in the Constitution. VAT is exempted from treatment and health service as per 2nd schedule but due to insertions of the word purpose of the exemption has been frus..
Category: Health Law | Date: 8 Jul, 2010 | Hits: 376
Dhirendra Nath Mondal Vs. Agrani Bank Ltd and others, 2010, 39 CLC (HCD)
....3 of 2001 is hereby affirmed. However, there will be no order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 301. ......3-2002) passed by the learned Joint District Judge, 4th Court, Khulna in Title Suit No.93 of 2001 is hereby affirmed. However, there will be no order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 301. ......or jurisdiction under Order IX Rule 13 of the code of Civil Procedure or the like te not the forum for deciding an allegation of (a) using forged document (b) practicing fraud by forgery in effecting service (c) misrepresentation of fact (d) other malafide and fraudulent devices in obtaining de..Category: Civil Law | Date: 7 Jun, 2010 | Hits: 6
Md. Sahab Uddin Vs. State and another, 2010, 39 CLC (HCD)
....ult, the rule is discharged. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at office. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 467. ......o be quashed. 5. Learned Advocate Mr. Md. Ali, appearing for the petitioner-opposite party No.2 and drawing our attention to petition filed under section 561A of the Code and to other materials on record submits that, the impugned proceedings is very much maintainable inspite of the three dishono......ult, the rule is discharged. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at office. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 467. ..Category: Civil Law | Date: 30 May, 2010 | Hits: 43
Abul Hashem Vs. State, 2010, 39 CLC (HCD)
....e set at liberty at once if not wanted in connection with any other case. Send down the LC records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)16. ...... of Kasba Police Station prepared the inquest report and sent the dead body to the Brahmanbaria Sadar Hospital morgue for post-mortem examination. The Investigation officer examined the witnesses and recorded their statements under section 161 of the Code of Criminal Procedure and after completing a......e set at liberty at once if not wanted in connection with any other case. Send down the LC records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)16. ..Category: Evidence Law | Date: 26 May, 2010 | Hits: 8
Commissioner of Customs and others Vs. M/S. Sunlit Fashion Limited, 2010, 39 CLC (AD)
.... they exported 8490 dozens of polyster jogging suits valued at US$ 1,69,800.00 to Casino Enterport Molina, 76 Rue De La Talau Dierl, 42004, St Ettenne, France, the consignee at France, and that those goods were shipped in 2123 cartoons, gross weight being 18.041 kilogram, under Shipping Bill No.0964......imported raw materials and also stopping clearance of finished products ready for export. 6. We have heard the learned counsels, perused the impugned judgment and order and also other materials on record. 7. There is no dispute to the fact that the respondent, a 100% export oriented garment in...... order dated 2.11,2002 passed by the High Court Division is set aside. The appeal is allowed without any order as to cost. This Case is also Reported in: 16 MLR (AD) (2011) 54, VIII ADC (2011) 29. ..Category: Fiscal/Taxation Law | Date: 19 May, 2010 | Hits: 63
Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD)
....ubsequent transferee except the bona fide purchaser for valuable consideration without notice of the original agreement. The onus is upon the subsequent purchaser that he purchased the said land in good faith and paid the consideration and he had no knowledge of the original agreement." Learned ......ocate lastly relied on decision of Syed Ali Sarder Vs. Shahabuddin Ahmed Chowdhury, 18 DLR 198, where the Court after considering para 2 of the plaint, where it has been stated that the Khatian No.14 recording raiyati interest of Naurraja was a collusive one and that Naurraja had no raiyati right in......ut any order as to costs. Sent down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 85; 20 BLT (HCD) (2012) 532 . ..Category: Property Law | Date: 12 May, 2010 | Hits: 133
Aftab Automobiles Ltd Vs. Superintendent Customs, Excise & VA, 2010, 39 CLC (HCD)
....he balance amount of Taka 20,64,049 through treasury challan as Government revenue. The petitioner for the period in question submitted price declarations on 27-8-2007, 10-1-2008 and 6-7-2008 for the goods which were also approved by respondent No. 3 by his orders dated 6-9-2007, 30-1-2008 and 15-7-......es in accordance with the "Audit Code" since 1398 in undivided India, then in Pakistan and now in Bangladesh and the said Audit Code authorizes respondent No.2/audit officers to examine the record, papers, etc. of respondent No.1. The authorized audit team at the time of conducting audit o......e steps/action under section 36(3) of the VAT Act over VAT related matters. (iii) Under section 9 of the VAT Act the petitioner was entitled to take “রেয়াত” (rebate) on the services rendered by it as a trader. (iv) The petitioner submitted price declarations to the VA..Category: Fiscal/Taxation Law | Date: 10 May, 2010 | Hits: 6
Bangladesh Vs. Raj Rajashore Cakra Narayan Jiue Deity and others, 2010, 39 CLC (HCD)
....er Class Suit No.398 of 1981 is hereby affirmed. Send down the lower Court records at once. Shahidul Islam J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 340. ......he year 1365 B.S. and the plaintiff filed objection and finally declared the right, title and possession of the plaintiff on 02.12.1958. 4. During S.A. survey operation the suit land was wrongly recorded in the name of the defendants and there has been cast a cloud upon the title of the plainti......er Class Suit No.398 of 1981 is hereby affirmed. Send down the lower Court records at once. Shahidul Islam J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 340. ..Category: Evidence Law | Date: 10 May, 2010 | Hits: 161
....ndant Nos.1-3 Md. Nurul Haque
Sheikh is added as defendant No.5 in the suit.
Let a copy of this Judgment be sent
down at once.
This Case is also Reported in: 17 MLR (HCD) (2012) 409. ......cities of suit and proceeding
he may be added as defendant in the suit by the Court in exercise of its
judicial discretion.
11. In the facts and circumstances of
the case and the materials on record we are inclined to hold that the learned
Joint District Judge erred in law in passing the im......ndant Nos.1-3 Md. Nurul Haque
Sheikh is added as defendant No.5 in the suit.
Let a copy of this Judgment be sent
down at once.
This Case is also Reported in: 17 MLR (HCD) (2012) 409. ..
Category: Procedural Law | Date: 9 May, 2010 | Hits: 4
Sarwar Hossain Moni Vs. State and another, 2010, 39 CLC (HCD)
....ed to dispose of the case as expeditiously as possible. Let a copy of this order be communicated to the Court concerned immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 510.......that complainant opposite party No.2 Md. Imam Hossain is the proprietor of "Messrs Hossain Traders" and the petition of complaint filed by him is maintainable in law. On perusal of the materials on record and taking into consideration of the submissions advanced by the parties, we find that the co......ed to dispose of the case as expeditiously as possible. Let a copy of this order be communicated to the Court concerned immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 510...Category: Banking Law | Date: 6 May, 2010 | Hits: 573
Abdul Qadir and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....s found from the record that the plaintiff-petitioners filed written abjection against the miscellaneous case No.8 of 2006 denying alt the material allegations therein. Therefore, we find there is good deal of substance in the contentions raised by Mr. Probir Halder that it is very difficult to ......0 and 3.50 acres of land as described in the schedule of the plaint on the averments that the plaintiffs have got right, title and possession over the suit land by way of purchase from the original recorded tenants; that on 22.11.99 the Assistant Commissioner (Land) refused to accept the rents f......ervation made above. The order of stay granted earlier by this Court stands vacated. Communicate this Judgment at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 473. ..Category: Procedural Law | Date: 28 Apr, 2010 | Hits: 4
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